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DEPARTMENT OF COMMERCE AND LABOR
BUREAU OF LABOR
CHAS. P. NEILL, Commissioner
LABOR LEGISLATION OF 1912
BULLETIN OF THE UNITED
STATES BUREAU OF LABOR
WHOLE NUMBER i l l
LABOR LAWS OF THE UNITED STATES SERIES
No. 1
DECEMBER 13, 1912
WASHINGTON
GOVERNMENT PRINTING OFFICE
1913
CONTENTS.
Page.
Review of labor legislation of 1912:
Introduction.......................................................................................................
5, 6
Commissions.......................................................................................................
6,7
Regulation of the contract of employment......................................................
7-9
Blacklisting, interference with employment, etc...........................................
9
Examination and licensing of workmen.......................................................... 9,10
Public service.................................................................................................... 10,11
Wages.................................................................................................................. 11-13
Hours of labor.................................................................................................... 13,14
Sunday labor......................................................................................................
14
Holidays.............................................................................................................
14
Regulation and inspection of factories............................................................. 14-17
Mine regulations................................................................................................ 17,18
Railroads............................................................................................................. 18,19
Street railways...................................................................................................
19
Intoxicating liquors...........................................................................................
19
Employment of women and children.............................................................. 19-23
Employers’ liability and workmen’s compensation....................................... 24-28
Benefit and retirement funds........................................................................... 28,29
Actions for personal injuries or death............................................... ..............
29
Reporting of accidents...................................................................................... 29,30
Occupational diseases........................................................................................
30
Labor organizations........................................................................................... 30,31
Civil rights of employees.................................................................................. 31,32
Employment offices...........................................................................................
32
Bureaus of labor.................................................................................................32,33
Convict labor.................................................................................... ...............33,34
Laws relating to labor enacted since January 1,1912:
Arizona............................................................................................................... 35-71
California............................................................................................................ 71-74
Georgia...............................................................................................................
75
Idaho..................................................................................................................
76
Illinois................................................................................................................
76
Kentucky...........................................................................................................76-80
Louisiana............................................................................................................ 80-84
Maryland............................................................................................................ 85-102
Massachusetts................................................................................................. 102-123
Michigan......................................................................................................... 123-139
Minnesota....................................................................................................... 140-143
Mississippi...................................................................................................... 143-148
New Jersey............................................... ...................................................... 148-157
New Mexico.................................................................................................... 157-168
New York....................................................................................................... 168-178
Ohio................................................................................................................ 178,179
Philippine Islands......................................................................................... 179-181
Porto Rico...................................................................................................... 181,182
Rhode Island..................................................................................................182-194
South Carolina................................................................................................ 194-196
Virginia........................................................................................................... 197-209
United States................................................................................................. 209-221
Cumulative index of labor laws and of decisions relating thereto................... 223-263
3
BULLETIN OF THE
UNITED STATES BUREAU OF LABOR.
w h o le no. 111.
W ASHINGTON.
D e c e m b e r 1 3 ,1 9 1 2 .
REVIEW OF LABOR LEGISLATION OF 1912.
B Y L IN D L E Y D. C LA R K , A. M ., L L .M .
INTRODUCTION.
This is the fourth annual review of labor legislation summarizing
laws enacted at the sessions of the various legislative bodies of the
United States since January 1, 1908. The labor laws in force at
that date were presented in the Twenty-second Annual Keport of
the Commissioner of Labor, and the legislation for the succeeding
years was published in Bulletins numbered 85, 91, and 97. As in
previous years, this review will present in brief the contents of the
laws passed, showing also in many instances the changes made in
amendatory legislation.
Including the Federal Congress there were 24 legislative bodies in
session during the year, 14 State legislatures meeting in regular
order, Arizona and New Mexico in their initial sessions under a
State government, and 7 others in special session. There were also
2 special sessions of legislatures in 1911, held too late for considera
tion in Bulletin No. 97. The laws enacted by all except the legis
lature of Vermont have been examined, and in all but 4 States labor
laws are found to have been enacted. Amendments to the constitu
tion of Ohio adopted this year also contain matter coming under
this head.
Naturally the most important list of enactments from one point
of view was that of the new States of Arizona and New Mexico,
which for the first time attempted to provide something of a body
of laws for themselves, the Arizona Legislature being especially active
in connection with this branch of legislation.
The question of the relations of employers and their workmen along
the lines of workmen’s compensation continues to occupy a large
degree of attention, four States having this year passed compensation
or insurance laws, while the constitution of Arizona as adopted con
tains a provision authorizing such statute, and that of Ohio was
5
6
BULLETIN OF THE BUREAU OF LABOR.
amended (as was that of California in the latter part of 1911) so
as to permit the passage of laws providing for compulsory compensa
tion systems. The New York Legislature also took the initial step
toward securing an amendment to the constitution of that State
which will permit the enactment of a compulsory compensation law;
while the legislature of Louisiana appointed a commission on the
subject of employers’ liability and workmen’s compensation. Woman
and child labor and factory inspection continue to furnish also a large
number of statutes.
COMMISSIONS.
The apparently increasing practice of legislative bodies to appoint
commissions to investigate specified subjects of legislation and report
drafts of laws was in evidence this year, six such commissions having
been created. Doubtless the most important of these was that con
templated in an act of the Federal Congress (ch. 351) providing for
a commission on industrial relations to be appointed by the President
with the advice and consent of the Senate. This commission is to
consist of nine persons, of whom three are to be employers of labor
and three representatives of organized labor. The Department of
Commerce and Labor is to cooperate as the Secretary may approve.
A large field is proposed for the activities of this body, covering
the general condition of labor in the principal industries, including
agriculture, with particular attention to corporations; also the rela
tions of employers and the employed, public welfare, sanitation, col
lective bargaining, methods of conciliation, the methods in use at
home and abroad for maintaining friendly relations between em
ployers and workmen, bureaus of labor, the smuggling of Asiatics,
etc. The sum of $100,000 was appropriated for the first year’s work.
A final report is to be made within three years, at least one report
being required for each year preceding.
The State of Louisiana provided for an employers’ liability com
mission to be appointed by the governor (No. 142). The duty of
this body is to investigate the relations of employers and employees
with reference to industrial accidents and to consider the question
of defenses in suits for damages and the advisability of a system of
compulsory compensation. The commission is to report during the
first week of the session of the assembly in 1914. No funds were
appropriated either for payment of the members of this commission
or for expenses. The commission on workmen’s compensation pro
vided for in 1910 by the Federal Congress was authorized (ch. 5) to
report March 1^ 1912, instead of in December, 1911. An existing
commission in New York which had under consideration the subject
of conditions of labor in factories was given added power throughout
the State to investigate the manufacturing conditions and the eondi-
LABOR LEGISLATION OF 1912.
7
tions in mercantile establishments and make its report on or before
January 15, 1912 (ch. 21). The Massachusetts Homestead Com
mission provided for last year was continued, to make its report
on the first Wednesday in January, 1913, and authorized to expend
not over $2,000 (ch. 714). The New Jersey Legislature provided
for two commissions, one (ch. 321) to revise and codify mechanics’
lien laws and report at the next legislature; the second (joint res.
No. 5), to propose plans for the employment of convicts on public
roads and parks and in forestry, not in competition with free labor.
The Maryland Legislature (ch. 596) provided for a commission of
11 members to investigate the penal system of that State, including
the employment of convicts, and report its recommendations to the
next session of the legislature.
Investigations that may be enumerated here, though not strictly
of the class above considered, are two that were directed by the
House of Representatives of the United States Congress, one (H.
Res. 547) requesting the Secretary of Commerce and Labor to trans
mit (if not incompatible with public interests) any information in
his possession as to the strike of the bituminous coal miners in West
moreland County, Pa., in 1910 and 1911; and a second (H. Res. 578),
directing the Secretary of Commerce and Labor to obtain and report
full information as to the elements entering into the cost and profit
included in the “ present high price of anthracite coal; ” also the
benefits to miners from the recent strike agreement, and why, how
much, and by what means the price of coal was at the same time
increased. The United States Senate also passed a resolution (S. Res.
231) requesting the Secretary of Commerce and Labor to obtain
through the Bureau of Labor and report full information as to wages
and conditions of living of mill workers in Lawrence, Mass.; also the
percentage of aliens among them, indicating the foreign governments
of which they are subjects. The legislature of Mississippi took
cognizance of an existing strike in that State by a resolution (ch. 443)
which appointed a joint committee of the senate and house to investi
gate the strike at McComb and Water Valley and report on the
advisability of maintaining militia at those points.
REGULATION OF THE CONTRACT OF EMPLOYMENT.
Under this head has been grouped a rather miscellaneous collec
tion of laws which undertake in some form to intervene in the mat
ter of the contract of employment for the protection mostly of the
wage earner, though in one instance the interest of the employer
seemed more conspicuous, while in one at least the general public
is largely affected. The Philippine Legislature passed an act (No.
2098) making it a penal offense for a person to make a contract of
employment with intent to injure or defraijd, securing a gratuity
s
BULLETIN OP THE BUREAU OF LABOR.
or advance of wages or goods and subsequently failing to render
service without just cause and without refunding the money or pay
ing for the property. This provision is also extended to renters of
land, while employers who fail to pay for services received are
subjected to the same penalties as are provided for workmen violat
ing the statute.
The Arizona Legislature forbids managers, superintendents, fore
men, or any officer charged with the hiring of labor to accept any fee
from workmen for giving them employment (ch. 18). The same
State at its extra session enacted a law (ch. 16) providing punish
ment for an employer who is without clear assets to pay two weeks’
wages and who makes false representations as to his assets and fails
to pay for labor done; the offender is also liable in civil suit.
Employers who require notice from their employees as to their
intention to quit work are required by an act of the South Carolina
Legislature (No. 424) to give notice to their employees of their inten
tion to shut down or suspend work in their establishments at any time
that such suspension is contemplated, together with a statement of the
length of time that the establishment will be closed. Such notice is
to be given two weeks in advance, or for a period corresponding to
that required of the workmen. Closing due to accidents to ma
chinery, etc., is excepted.
The act of the Massachusetts Legislature (ch. 445, Acts of 1910)
which requires employers advertising for labor to give notice of any
strike in existence in their establishments was amended (ch. 545) by
adding the provision that such requirements should cease to be bind
ing when the State board of conciliation and arbitration should
determine that conditions in the establishment are normal. The same
legislature (ch. 495) amended section 28 of the labor law (ch. 514,
Acts of 1909), which provides penalties for the bribery, corruption,
etc., of employees^ by increasing these penalties where the offender is
an agent or officer charged with the employment of labor.
The Mississippi Legislature (ch. 136) undertakes to regulate the
subject of tips to employees of hotels, railroad companies, etc., and
forbids employers to allow or patrons to give any tip, by which is
meant any compensation not a part of the regular charge of the hotel,
restaurant, dining car, railroad company, etc. Employees are for
bidden to accept such gratuities. The penalty on employers violating
the act is double that fixed for persons giving or receiving tips.
The bonding of employees of railroads or public utilities corpora
tions was considered by the legislatures of three States, the provisions
being to the effect that no specified bondsmen or bonding company
can be required. The Arizona statute (ch. 14) directs that no bond
shall be rejected except for financial insufficiency, and establishes
reciprocal conditions as to cancellation. The law of Georgia (p. 159)
LABOR LEGISLATION OF 1912.
9
contains practically the same proviso, and permits either party to
cancel the bond on 10 days’ notice in writing, stating the reasons, if
the other party has breached the provisions of the bond; while the
Louisiana statute (No. 222) permits the requirement as to a desig
nated company if the employer pays the premiums without any
charge upon the employee.
The Federal Congress made provision for the payment of rewards
to employees of the Ordnance Department for any inventions, im
provements, economies, etc., that might be suggested or devised, all
rights to the improvements, etc., to be released (ch. 236); also for
inventions of employees in the Post Office Department adopted for
use in the postal service (ch. 389). The reward in this case is limited
to $1,000 in any individual instance, the total expenditure on this
account is not to exceed $10,000 for the year.
A provision of the sundry civil appropriation act (ch. 355) affects
the employment of labor in the Bureau of Engraving and Printing
by permitting certain classes of work on checks, backs and tints of
bonds, etc., to be done on power presses instead of the hand presses
used for plate printing. Not more than one-fifth of the hand presses
are to be displaced in any one year, though the hand-roller presses
may be equipped with motors, at the discretion of the Secretary of the
Treasury, and rated as hand-roller presses.
BLACKLISTING, INTERFERENCE WITH EMPLOYMENT, ETC.
The laws coming under this head include a provision of the consti
tution of Arizona (Art. X V III, sec. 9) which forbids black lists and
directs that suitable laws be enacted in this connection. Such a law
was passed by the first legislature (ch. 61), defining and forbidding
black lists and providing punishment for the violation of the statute.
The statute of New Mexico on this subject (ch. 33) is restricted in
its application to employees who have been discharged, any act pre
venting or attempting to prevent a discharged employee from obtain
ing employment elsewhere being forbidden. This act is not violated
by the giving of the true reasons for the discharge either by writing
or otherwise.
EXAMINATION AND LICENSING OF WORKMEN.
Legislation under this head is practically limited to an act of the
Georgia Legislature (p. 158) which extends the existing law of that
State requiring stationary engineers and firemen to obtain a license
to counties of 70,000 population or above, instead of only to those con
taining at least 117,000 inhabitants as before. The Massachusetts
Legislature (ch. 518) made a minor provision with reference to the
examination, etc., of plumbers in that State, while the legislatures
10
BULLETIN OF THE BUREAU OF LABOR.
of Arizona (ch. 27), New Jersey (ch. 361), and the Philippine
Islands (No. 2159) passed laws relative to the examination or regis
tration of chauffeurs.
PUBLIC SERVICE.
As in previous years, the laws under this head relate chiefly to the
hours of labor on public works, the new States of Arizona (Art.
X V III, sec. i ) and New Mexico (Art. X X , sec. 19) providing by
their constitutions for the 8-hour day for employment on public
works. The Arizona Legislature passed a statute on the subject
(ch. 78) prescribing the 8-hour day, and also directing that current
wages be paid for labor of this class, and that only citizens or per
sons who have declared their intention to become citizens shall be
employed thereon. The Ohio constitution was also amended (Art.
II, sec. 37) so as to fix 8 hours per day and 48 hours per week as
the maximum for labor on public works in that State. The Federal
Congress passed a law (ch. 174) governing public contracts generally,
the act applying to laborers or mechanics doing any part of any work
under contract with the United States or any of its Territories or the
District of Columbia. Government inspectors are to report viola
tions of this statute, and penalties are to be deducted from the con
tract price. The 8-hour law of 1892 is not affected by this act, and
contracts for transportation by land or water, for transmission of
intelligence, and for supplies purchased by the Government (except
armor plate), as well as the construction of levees, are excepted.
The appropriation act for the armament of fortifications, etc.
(ch. 157), directs that contracts for certain cannon and carriages
therefor shall be let only to persons who have established the 8-hour
work day for all employees engaged or to be engaged on the supplies
contracted for; while the contracts for the construction and repair
of ships, machinery, armament, etc., for the Navy must also be made
so as to come within the provisions of the 8-hour law (ch. 335).
Another act of Congress (ch. 389) fixes the hours of labor of letter
carriers employed in city delivery and of clerks in post offices of the
first and second class at not to exceed 8 hours in 10 consecutive
hours for any one day. Overtime may be worked in cases of emer
gency, with additional pay in proportion to the salaries received.
Another provision of the same act directs that post offices of the
Ifirst class shall not be open on Sunday for the delivery of mail,
though special delivery is not to be interfered with. I f letter car
riers or clerks in post offices of the first and second class shall be re
quired by the needs of the service to do work on Sunday, they are to
have compensatory time off on one of the six following days.
The matter of employment of aliens on public works was con
sidered in a provision of the constitution of Arizona (Art. X V III,
LABOR LEGISLATION OF 1912.
11
sec. 10), such employment being forbidden, though this restriction
is not to be construed so as to interfere with the employment of
convict labor. This provision of the constitution is embodied in an
act passed at the extra session of the legislature of this State (ch. 66).
Note may also be made in this connection of a provision of a Federal
appropriation act (ch. 157) which directs that all materials used in
the manufacture of armament for fortifications, etc., shall be of
American manufacture, except in cases when in the judgment of the
Secretary of War it is to the manifest interest of the United States
to buy such materials in limited quantities abroad.
A resolve of the legislature of Massachusetts (ch. 30) provides
that contracts for the State printing shall be awarded to shops that
have prescribed an 8-hour day and that give equal pay for men and
women employees for equal work. The subject of wages was also
considered in the appropriation act of the United States Congress
providing for the pay of plate printers in the Bureau of Engraving
and Printing, the wages not to exceed the rates usually paid for
such work (ch. 355).
WAGES.
A relatively large number of laws were passed this year relating
in some way to the subject of wages in private employments. The
Ohio constitutional convention provided for submission to the peo
ple of that State an amendment to the constitution, which was
adopted, authorizing the legislature to pass minimum wage laws.
(Art. II, sec. 34.) This action differs from that of the Massachusetts
Legislature of last year, in that its provision is general and not
restricted to the wages of women and minors, as is the case in the
Massachusetts law.
The legislatures of Arizona (extra session, ch. 10) and Louisiana
(act No. 27) provided for the payment of wages semimonthly, the
first-named law relating to all municipal employees and contractors
and to all companies and corporations doing business within the
State; five days’ pay may be withheld at the time of the regular
payment. The Louisiana statute applies to all public-service cor
porations. The Virginia statute relating to pay days (sec. 3657d,
Code of 1904) was amended (ch. 106) so as to require semimonthly
instead of monthly payment of wages, adding railroad shops to the
list of establishments to which the law applies. For labor in mines,
coke works, sawmills, and excelsior mills monthly settlements are
required. The Mississippi Legislature also passed a law on this
subject (ch. 141) directing persons, companies, corporations, etc.,
engaged in manufacturing to settle with their workmen at least once
monthly unless there is a written contract to the contrary. Fifteen
days’ pay may be held back at the time of any settlement.
12
BULLETIN OF THE BUREAU OF LABOR.
Payment of wages due discharged employees is prescribed by a
statute of Louisiana (No. 250), which directs such settlement at the
time of discharge whether the hiring was by the day, week, or month.
Another law of this State (No. 240) fixes at not more than 8 per cent
per annum the rate of interest on loans made by employers to their
employees engaged in manual labor. The question of the assignment
of wages was considered by two statutes, one of Massachusetts (ch.
675), amending the existing law by declaring that no assignment of
wages is valid unless it is in the form prescribed by chapter 390 of
the Acts of 1906; the other is a Kentucky statute (ch. 126), which
regulates assignments of wages where the amount involved is under
$200, providing that such assignment must be in writing, must show
the true date of assigning and of the delivery of the money, and
must show the actual amounts involved, including interest and install
ments paid or payable, together with the name of the assignee.
Unless a copy is delivered to the employer within three days, his con
sent must be obtained in writing; the assignor must have a copy of
the assignment and all payments be indorsed thereon. The assign
ment must be for a fixed part of the wages, for a period not exceeding
90 days.
Wage claimants suing in the State of New Jersey for amounts not
exceeding $20 are exempt from court costs and costs of summons if
the claimant makes affidavit of his inability to pay such costs (ch.
202). The subject of the garnishment of wages is considered by a
statute of New Mexico (ch. 74), which provides that if the original
creditor and debtor are both residents of the State and suit is brought
outside the State when it could have been brought in the home
county of the debtor, the owner or assignees of the claim shall be
liable for attorneys’ fees and the expenses of the defendant spent
in defending the suit and for any excess of recovery above what
would have been recoverable under the laws of New Mexico.
The subject of mechanics’ liens received the attention of a number
of legislatures, chiefly by way of amending or extending the existing
laws. The Arizona Legislature (ch. 66) amended paragraph 2904
of the Revised Statutes of 1901, setting forth the conditions under
which liens for labor or materials attach and making such lien a
preferred claim. The Louisiana Legislature passed two acts, one
(No. 23) extending the provisions of act No. 52^ Acts of 1910, to other
woodworking establishments than those named therein, and giving
a lien for any wages due, instead of for but 30 days as before, adding
a provision limiting the seizure of the goods authorized to an amount
probably sufficient to satisfy the claim and costs; the second act (No.
195) gives a lien on telegraph and telephone poles and on crossties
to laborers and supply men. Both these acts authorize a provisional
seizure of the subject materials simply on making oath as to the
LABOR LEGISLATION OF 1912.
13
amount claimed or due. The South Carolina Legislature likewise
passed two laws on this subject, one (No. 350) limiting the time for
sale to enforce lien for repairs of articles to 60 days from the date of
the giving of written notice that the repairs are completed, instead
of allowing one year from the time when the article was repaired.
The second law (No. 408) gives liens to contract sawyers of lumber.
The Ohio constitution was amended (Art. II, sec. 33) so as to author
ize the enactment of mechanics’ lien laws.
A different form of protection of the wages of contractors’ em
ployees is contemplated in an act of the Louisiana Legislature (No.
167), which provides for contractors’ bonds. A scale of bonds is
prescribed for contracts for various amounts, and contracts are to be
recorded, this act creating a lien in behalf of persons furnishing labor
or materials. To affect the bonds claims must be filed in the recorder’s
office within 45 days after the recorder has been notified that the
owner has accepted the work.
HOURS OF LABOR.
The hours of labor of employees on railroads are regulated by a
statute of New Mexico (ch. 62), which provides that if employees
connected with the movement of trains have been employed for 16
consecutive hours they shall be allowed 10 consecutive hours off
duty; if such service is not consecutive they shall be allowed 8
consecutive hours off duty, after 16 hours employment in any 24
hours, with exceptions as to emergencies, etc.
Employment on street railways is the subject of a Massachusetts
statute (ch. 533), which amends section 95, Part III, of chapter 463
of the Acts of 1906. The new law makes 9 hours of platform work
the basis of a work day, such service to be rendered within 12 consecu
tive hours. Nine and one-half hours may be worked if the 9-hour day
is not feasible, but extra pay must be allowed for excess over 9 hours.
Early and late shifts may be used, but every workman must have at
least 8 hours of uninterrupted rest.
The hours of labor of stationary firemen in establishments run
ning day and night are limited to 8 per day by a statute of Louisiana
(No. 245), and refusal to work longer is declared not to be ground
for discharge. The petroleum industry, cotton ginning, and sugar
plantations are excepted. The Arizona Legislature (ch. 26) reen
acted the territorial law fixing at 8 per day the hours of labor of
hoisting engineers at mines and the furnace men at smelters and
forbidding a penalty for the violation thereof. The same legislature
also declared certain employments injurious to health and dangerous
to life and limb, and in these it limited the hours of labor to 8 per
day (ch. 28). The list named includes mines, including open-cut
work; smelters; reduction works; stamp mills; cement works; rolling
14
BULLETIN OF THE BUREAU OF LABOR.
mills, etc. In mines the hours of labor are to include the time for
ascending and descending. Provision is made for exceptions in case
of emergencies, and the hours may be lengthened not more than once
in two weeks in order to effect the change of shifts. Another statute
(ch. 50) classes work in electric-light plants as hazardous and dan
gerous, and prescribes the 8-hour day for work therein.
The legislature of Mississippi passed a general act (ch. 157)
applicable to all persons, firms, or corporations engaged in manu
facturing or repairing, and limiting to 10 hours the labor of all
employees except in cases of emergency or public necessity. An
amendment of the Ohio constitution (Art. II, sec. 34) authorizes
the passing of laws fixing and regulating the hours of labor in
employment generally.
SUNDAY LABOR.
The laws on this subject enacted this year relate to the operation
of freight trains, a statute of Georgia (p. 76) adding the operation
of ice trains and the switching of ice cars to the class of Sunday work
permissible, while another statute (p. 77) adds the operation of
trains run at the request of the governor or military authorities.
A statute of South Carolina (No. 327) amends section 2122 of the
Code by adding a proviso permitting solid through freight trains
destined for points outside the State to run through the State with
only the necessary stops for fuel, orders, or change of engines or
cabooses.
HOLIDAYS.
Labor Day (the first Monday in September) is made a holiday
throughout the State of Louisiana by an amending act (No. 93), in
stead of in the parish of Orleans alone, as heretofore, while in New
Mexico (ch. 10) Columbus Day, October 12, is made a legal holiday.
Saturday half holidays for laborers and mechanics employed by
the metropolitan water and sewerage board and the metropolitan
park system during June, July, August, and September, are provided
by statute in Massachusetts (ch. 528). These may be commuted to
other days in any month of the year if the demands of the service
require. Leave of absence for employees in the mail-bag repair
shops in Washington and Chicago and the mail-lock shop in Wash
ington is granted by an act of the Federal Congress (ch. 389), 30
days being allowed annually.
REGULATION AND INSPECTION OF FACTORIES.
Among the general safety provisions required by the statutes under
this head may be mentioned an act of the Massachusetts Legislature
(ch. 318), amending section 94 of chapter 514, Acts of 1909, requir
ing guards for elevators and all machinery having movable parts, as
LABOR LEGISLATION OF 1912.
15
well as for belting, shafting, etc., and bringing mechanical establish
ments, workshops, and mercantile establishments within the scope
of the factory law, but excluding public buildings. A New Jersey
statute (ch. 6) adds to the list of requirements of the inspection law
of that State a requirement for friction clutches for stopping revolv
ing shafts, and also places foot and power presses in the class of
machinery requiring guards. A concurrent resolution adopted by
the legislature of New York (Session Laws, p. 1382) takes steps
to amend the constitution of that State so as to authorize the enact
ment of safety laws, while the Ohio constitution was amended (Art.
II, sec. 34) by adding a clause authorizing laws providing for the
comfort, health, safety, and general welfare of all employees.
The more specific subject of fire prevention was taken up by the
New York Legislature, four acts having been passed on this subject.
The first (ch. 329) requires factories to have fireproof waste bins,
and that gas lights or jets be inclosed in globes or cages. Smoking
in factories is also prohibited. By chapter 330 a requirement is made
for quarterly fire drills in all factories employing more than 25 per
sons above the first or ground floor; while chapter 332 requires fac
tories over 7 stories or 90 feet in height, with wooden floors or wooden
trim, and employing more than 200 people above the seventh floor or
90-foot level, to install an automatic sprinkling system. The duties
of the fire marshal, provided for by chapter 451 of the Acts of 1911,
are extended by another act (ch. 453), so as to cover the institution
and supervision of fire drills and the investigation of explosions.
Criminal prosecutions are authorized for failure to comply with the
orders of the fire marshal. The same officer is authorized to inspect
and order repairs in steam boilers having a pressure of 10 pounds or
more to the square inch. The legislature of Massachusetts (ch.
369) prohibits the use of new buildings for factory purposes until a
fireproof stairway is provided according to plans approved by the
building commissioner.
The sanitary aspect of factory regulation is more conspicuous in
the law of New Jersey (ch. 5) amending the inspection law of the
State by adding to section 20 thereof provisions requiring ventilation
in factories so as to prevent excessive heat or injurious steam, vapors,
gases, and dust being present in workrooms in harmful quantities.
Fans must also be provided where glazing or polishing on wheels or
other processes produce dust, gases, etc., if the commissioner of labor
in his discretion so orders. The provisions of the New York statute
(sec. 95 of the labor law) relative to infectious and contagious dis
eases in factories are extended (ch. 334), so that they are of general
application instead of relating only to a restricted list of articles and
factories. Section 88 of the labor law of the same State is also
amended (ch. 336) by adding a provision requiring hot water and
16
BULLETIN OF THE BUREAU OF LABOR.
individual towels to be furnished in washrooms in factories wThere
lead, arsenic, or other poisonous substances or injurious or noxious
fumes, dust, or gases are the result of or incident to the processes of
manufacturing. The taking of food into any room where the above
conditions are found is forbidden, separate eating rooms being required.
The Virginia statute requiring separate water-closets, etc., in places
where persons of both sexes are employed was amended (ch. 62)
by a provision requiring such conveniences wherever one or more
males and one or more females are employed instead of two or more
as in the earlier law. The subject of inspection and regulation of
bakeries was taken up in a New Jersey statute (ch. 127), earlier
statutes on this subject being repealed. The statute provides for the
proper sanitation of all workrooms and forbids expectoration except
in suitable receptacles provided therefor, the use of tobacco being pro
hibited. The use of basements, the height of rooms, their construc
tion, etc., are regulated, as well as the supply of toilet facilities and
sleeping places for workpeople separate from the storage and work
rooms. No workman writh an infectious or contagious disease may be
employed, and all places of business must be licensed. No employee
may work over 10 hours per day or 60 hours per week except in cases
of emergency, and extra pay must be given for overtime work.
Children under 16 may not be employed between the hours of 7 p. m.
and 7 a. m.
A Louisiana statute (No. 237) relates to the ventilation of printing
offices, directing that where three or more linotype or other type
casting machines are in use, exhaust fans or other devices of sufficient
capacity to expel poisonous metal fumes shall be provided, with vent
pipes running from the metal pots to a flue or other external opening.
A regulation designed to assist in the matter of inspection of fac
tories is found in a New York statute (ch. 335), which requires the
registration of all factories, with the name and address of the owner,
the name and address of the business, the number of employees, and
such other data as the commissioner of labor may require. Also, the
number of factory inspectors is increased in this State (ch. 158),
40 inspectors being added to the 85 previously authorized, and of the
total number, 20 must be women, instead of 15 as under the earlier
law. Instead of 50 inspectors in the second grade, 90 are author
ized. Another law of this State (ch. 382) increases the class of
officials who may administer oaths in the enforcement of the labor
laws. Two inspectors are also added to the force of the New Jersey
inspection department (ch. 67), one of whom must have practical
knowledge and skill as a baker and one as a metal polisher and
buffer.
The bureau of agriculture, labor, and statistics of Kentucky is
charged with the duty of inspection by section 33a of the Kentucky
LABOR LEGISLATION OF 1912.
17
Statutes, and this section is amended by an act* (ch. 108) which pro
vides for the appointment of two labor inspectors and two assistants
instead of only one of each, the new appointees to be* females; these
are to visit and inspect factories, mercantile establishments, etc.,
where females are employed. In Maryland, also, in connection with
a law relating to the employment of children (ch. 731) and one
relating to the hours of labor of women (ch. 79), and in Massa
chusetts, in an act (ch. 726) creating a State board of labor and
industries, important changes are made in the work of inspection
and the force employed therefor.
Two laws that may bs noted here for lack of better classification
are one in Massachusetts (ch. 479), which requires that seats be fur
nished for the operators of passenger elevators, and one of New
York (ch. 219), which amends the provisions of the labor law rela
tive to work in compressed air. The rates of decompression for
various pressures are fixed by the latter statute, and the require
ments as to examination and* employment are somewhat relaxed. A
new section is added requiring two air lines to any work place, and
another directing that electric lights for the shaft leading to a work
place shall be on a different wire from that which furnishes light
for the work place.
MINE REGULATIONS.
The constitution of Arizona (Art. X I X ) creates the office of mine
inspector and authorizes the enactment of laws for the health and
safety off employees in mines; so also of the constitution of New Mex
ico (Art. X V II, secs. 1 and 2), in which it is also provided that chil
dren under 14 shall not be employed in mines, xlnother section of the
constitution of New Mexico (Art. X X II, sec. 3) carries over and
retains the Federal statute relating to mine work until the legislature
shall enact a law on this subject. The first legislature took up this
subject and passed a law (ch. 80) relating to coal mines, fixing the
qualifications of the mine inspector and prescribing his duties. Regu
lations as to ventilation, escape shafts and safety cages, etc., are in
cluded in the law, and the employment of fire bosses and shot firers
under prescribed conditions is required. The Arizona Legislature also
provided a quite complete body of regulations (ch. 33) applicable to all
mines in the State. The statute forbids the employment underground
of any boy under 18, and contains the usual provisions as to safety
appliances, fire protection, ventilation, etc. The Virginia Legisla
ture (ch. 178) created a department of mines, under the bureau of
labor and industrial statistics, in charge of a State mine inspector.
Semiannual inspections are prescribed and a certificate of inspection
is to be furnished. Escape shafts, safety appliances, the employment
of fire bosses, ventilation, light, etc., are provided for, and the em70244°—Bull. 111—13------ 2
18
BULLETIN OF THE BUREAU OF LABOR.
ployment of any female or of any boy under 14 is forbidden. Acci
dents are to be reported and investigated.
Mention may be made under this head of an act of the legislature
of Maryland (ch. 441), which appropriated $25,000 for the building
of a hospital in Allegany County as an emergency hospital for per
sons injured in accidents in the mines in the neighboring region.
RAILROADS,
A corporation commission is provided for by the constitution of
Arizona (Art. X X , secs. 2 and 3), which is authorized to make and
enforce rules for the convenience, comfort, safety, and health of the
employees of public-service corporations. The constitution of New
Mexico also (Art. X I, sec. 7) provides for a State corporation com
mission, with power to require safety appliances on the railways in
this State such as the Federal laws now prescribe for interstate car
riers. The statute of Arizona (ch. 90) relative to the corporation
commission authorizes it to make rules and to prescribe safety appli
ances. Accidents are to be reported to it, and it is directed to inves
tigate all accidents causing loss of life or injury to person or prop
erty, if, in the judgment of the commission, this is required. The
findings of the commission are not to be used as evidence in any court.
The blocking of angles in frogs and crossings of railroads so as to
prevent the wedging of the feet of employees and other persons is
required by a statute of Louisiana (No. 177), logging and plantation
roads being excepted. An Arizona statute (ch. 30) forbids the use
of defective locomotives which allow steam to escape so as to obstruct
the view of the crew.
A Federal statute (ch. 389) relating to the Railway Mail Service
directs that mail cars must be sound in material and •construction and
provided with sanitary water containers and toilet facilities. After
July 1, 1917, no full post-office car shall be used or paid for which
is not of steel or does not have a steel underframe or is not constructed
of other equally indestructible material. Cars of this class are to
be brought in after July 1, 1913, at the rate of 25 per cent annually,
it being required that all new cars shall be of steel.
Three States require locomotives to have headlights of a prescribed
candlepower, the Arizona statute (ch. 27) calling for electric head
lights of 1,500 candlepower; that of Mississippi (ch. 153) for an elec
tric light of 300 watts at the arc, with an 18-inch reflector, tram and
logging roads and roads with less than 30 miles of track being
exempt; while in South Carolina (No. 452) the statute calls for a
light of 10,000 candlepower, or of sufficient power to disclose a man
at the distance of 800 feet under normal conditions; lights of this
capacity are to be installed at the rate of 25 per cent during the first
LABOR LEGISLATION OF 1912.
19
year and for each of the three years following, railroads with less
than 60 miles of track and switch engines being exempt.
A full-crew law was enacted by the Arizona Legislature (ch. 16),
prescribing the number of employees necessary on freight trains and
on passenger trains according to the number of cars. The question
of experience was also considered in this act, flagmen to have had
one gear’s experience as brakemen. Exceptions are made as to
emergencies and for railroads less than 40 miles in length. Another
law of this State (ch. 43) limits the number of cars in a freight
train to 70 and in a passenger train to 14, Engineers in the same
State are to have had three years’ experience as firemen or engineers,
and conductors a similar term of experience as brakemen or freight
conductors before taking full charge of trains (ch. 47); while tele
graph and telephone operators whose duties relate to the movement
o f trains must be at least 18 years of age and have had one year’s
experience (ch. 8).
A Mississippi statute (ch. 152) empowers the State railroad com
mission to require shelters over repair tracks whenever or wherever
in their best judgment it is deemed necessary.
STREET RAILWAYS.
But two acts appear under this head, one in Louisiana (No. 20),
which requires that seats shall be furnished on each platform for
the use of motormen and conductors, who shall be permitted to use
such seats when outside of the business district of cities, towns, or
villages; while a Mississippi statute (ch. 148) requires street rail
way cars to be equipped with inclosed vestibules in municipalities
of not less than 5,000 population, except during the period from
March 15 to November 1.
INTOXICATING LIQUORS.
Besides the provision in the Arizona mining law (ch. 33) pro
hibiting any intoxicated person from entering a mine or the bringing
of intoxicating liquor into mines, the only law noted under this head
is one of the same State (ch. 2) forbidding the licensing of the sale
of intoxicants in quantities less than 5 gallons within 6 miles of any
camp of men on any railroad, canal, reservoir, or on public works.
The act does not apply to incorporated towns or to saloons that were
in existence six months prior to the beginning of work within the
6-mile limit.
EMPLOYMENT OF WOMEN AND CHILDREN.
Of first importance among the laws under this head is the act of
the Federal Congress (ch. 73) creating a Children’s Bureau in the
Department of Commerce and Labor to investigate and report on all
20
BULLETIN OF THE BUREAU OF LABOR.
matters pertaining to the welfare of children and child life, includ
ing questions of mortality, birth rate, orphanage* juvenile courts,
dangerous occupations, accidents, diseases, employment, and State
and Territorial legislation. The chief of this bureau is appointed by
the President, while an assistant chief appointed by the Secretary
of Commerce and Labor is also provided for.
The constitution of the State of Arizona regulates the employment
of children (Art. X V III, sec. 2), fixing the minimum age limit
for employment in any gainful occupation during the hours of
school at 14 years, and at 16 years for employment in underground
work in mines, or in any occupation injurious to health or morals or
hazardous to life or limb. Children under 16 may not be employed
at night nor for more than 8 hours in any 24. A statute on this
subject (ch. 32) prohibits employment of children under the age of 14
in any mill, factory, workshop, mercantile establishment, office, tele
graph, or telephone office, in the distribution of merchandise or
messages, etc., and in any employment whatever during school hours.
Employment under the age of 16 is forbidden in the standard list
of dangerous occupations. Children under 18 may not be employed
in blast furnaces, smelters, to run elevators, on railroads, or where
explosives are manufactured or stored, or in other places pronounced
by the State board of health as dangerous or injurious. No boy
ander 16 or girl under 18 may work more than 8 hours per day or
48 hours per week, or between 7 p. m. and 7 a. m., except in agricul
tural and domestic employments; nor may any messenger under the
age of 21 be employed between 10 p. m. and 5 a. m. in incorporated
cities and towns. No boy under 10 and no girl under 16 may sell
newspapers, nor may any boy under 10 be a bootblack in any public
place. Employment certificates are required for all children under
16 years of age, the child to appear in person before the superin
tendent of schools who issues the certificates. Seats are to be fur
nished for female employees and their use permitted while not
actively engaged. No female may be employed in or about any mine,
quarry, or breaker. The Maryland Legislature repealed the former
law governing the employment of children and enacted a detailed
law (ch. 731), fixing the age limit at 14 years for employment in
mills, factories, messenger service, etc., and at 12 years in canneries,
mercantile establishments, offices, and in the distribution or sale of
merchandise. Children under 14 may not be employed during school
hours, nor under 16 in the standard list of dangerous occupations.
Children under 16 years of age must have certificates, and a list
of boys under 16 and girls under 18 employed in any establishment
must be posted therein. Certificates are issued on evidence of age
and educational qualification, and applicants therefor must appear
in person. The certificate must also show the name of the prospective
LABOR LEGISLATION OP 1912*
21
employer and the nature of the employment. Employment under 18
is forbidden in a list of extra hazardous employments and under 21
in any saloon. No female under 18 may be employed in any work
in which she must stand constantly at her work. Messenger service
and street trades are also regulated, and 8 inspectors are appointed to
carry out the laws.
The legislature of Minnesota also (ch. 8) redrafted the law of that
State on the subject of employment of children, the principal changes
being the requirement of medical examination in all cases prior to
the issue of a certificate of employment, instead of only in doubtful
cases, as formerly. The exemption permitting the employment of
poor or dependent children was also stricken out, and the hours of
labor for children under 16 reduced from 10 per day, or 60 per week,
to 8 per day, or 48 per week. The exemption as to prohibited night
work in mercantile establishments at holiday time was also stricken
out. Messenger service was forbidden to all girls under 21 and to
boys under 18 between the hours of 9 p. m. and 5 a. m.
Less general provisions were enacted by the legislature of New
York (ch. 333) requiring a physical examination and certificate in
every case before an employment certificate is issued, instead of only
in doubtful cases, as formerly; by the New Jersey Legislature (ch.
127) forbidding the employment of children under 16 between the
hours of 7 p. m. and 7 a. m. in bakeries; by the legislature of Mis
sissippi (ch. 165) which raises the minimum age for the employment
of girls to 14 years and extends the law to cover canneries other than
fruit canneries, and limiting the hours of labor for boys under 16 and
for girls under 18 to 8 per day instead of 10, as formerly; by an act
of the Louisiana Legislature (No. 25) forbidding the employment
of minors under 17 years of age in pool or billiard rooms; and by an
other act of the same legislature (No. 184) which forbids the employ
ment of children in acrobatic, theatrical, immoral, or dangerous
performances, practices, or exhibits. The constitution of New Mexico
(Art. X V II, sec. 2) forbids the employment of children under 14 in
mines.
Statutes of Ehode Island (ch. 814) and of South Carolina (No.
405) relate particularly to the employment of children in messenger
service, the former law forbidding messengers under 21 years of age
to deliver goods or messages between 10 p. m. and 5 a. m., while the
latter statute forbids the employment of any child under 14 years of
age as a messenger, nor may any child under 18 years of age act as
such between 10 p. m. and 5 a. m.
The question of school attendance was considered in a statute of
Arizona (ch. 77), which forbids the employment of any child under
16 years of age during school hours without a written permit from
the board of trustees, unless such child is being otherwise taught or is
2&
BULLETIN OF THE BUREAU OF LABOR.
excused for designated reasons; and by a Maryland statute (ch. 173),
which requires school attendance between the ages of 8 and 14, or
until 16 years of age unless regularly and lawfully employed; in the
counties school attendance is required for at least four months and
in Baltimore during the entire school year.
Women and children were considered in a Massachusetts statute
(ch. 706) which established a minimum-wage commission of three
persons, one of whom may be a woman, to be appointed by the gov
ernor, to inquire into the wages paid females with regard to the
adequacy of such wages to supply the necessary cost of living and to
maintain health. Wage boards may be appointed representing em
ployers and the female employees interested, with authority to inves
tigate and report minimum rates of wages. Provision is made for
hearing the employers before final approval, and for publication of
the findings of the commission and of the names of employers who fail
or refuse to accept the minimum wage fixed and to agree to abide by
it. The commission may also act in a similar manner with reference
to the wages of minor employees. Another act of the same legisla
ture (ch. 477) amended the law governing the hours of labor of
women and children by striking out the provision allowing more than
10 hours’ work on certain days so as to arrange for a shorter day on
one day of the week, and also restored an older provision of the law,
which had been eliminated in 1911, so as to provide against the em
ployment of the same person in more than one establishment in such
a manner as to evade the 54-hour law. Hours of labor of women
and children were also considered in a statute of New York (ch. 539),
which established the 9-hour day and 54-hour week for males under
18 and females under 21 years of age, except as to minors above 16
years of age in- canneries from June 15 to October 15. Permission
is allowed for minors over 16 to work more than 9 hours, but not more
than 10, regularly for 5 days, or irregularly for 3 days, so as to get
a shorter day or holiday, but no total may exceed 54 hours per week.
In Virginia, also, a statute governing the hours of labor of women
and children is amended (ch. 248) by extending its operation to
workshops and mercantile establishments. Exemptions are made
as to bookkeepers and other office assistants, and also as to employees
in canneries between July 1 and November 1; nor does the act apply
to mercantile establishments in places of less than 2,000 inhabitants,
nor to work in stores on Saturday.
The employment of women and children in barrooms is the subject
of an act of the New York Legislature (ch. 264) which amends the
former law so as to exclude women and girls not members of the
licensee’s family from selling or serving liquor, and also excludes
all minors under 18 years of age without reference to their relation
ship to the licensee.
LABOR LEGISLATION OF 1912.
23
A Massachusetts statute requiring seats for female employees is
amended (ch. 96) by requiring seats for the use of children under
the same conditions as for females.
Laws relating exclusively to the employment of women were
passed by some legislatures, one in Kentucky (ch. 77) fixing at
10 per day, or 60 per week, the hours of labor of all females under
21 years of age in any gainful occupation, except domestic servants
and nurses, and fixing the same hours for females of all ages em
ployed in laundries, bakeries, factories, workshops, mercantile, manufacturing, or mechanical establishments, hotels, restaurants, tele
phone exchanges or telephone offices. Seats must be furnished and
their use permitted when the employees are not necessarily engaged
in their active duties, and wash rooms and water-closets be provided.
Time books must be kept showing the name and working time of
each female employee, the same to be open to the State labor inspec
tor. Copies of the act must be posted in the establishment where
females are employed. A Maryland statute (ch. 79) establishes a
10-hour day for employment in manufacturing and mercantile estab
lishments, bakeries, and laundries. I f any part of the employment
is before 6 a. m. or after 10 p. m., eight hours is the maximum days’
work, and not more than six hours may be worked continuously in
any such establishment where more than three persons are employed
without an interval of at least one-half hour5 though 6^ hours may
be worked continuously if that is the extent of the work for the day.
Exception is made for certain seasonal establishments in Allegany
County and for employment in canneries. A female inspector and
two assistants are appointed to enforce the law. The same subject
is considered by a statute of New Jersey (ch. 216), which fixes the
10-hour day or 60 hours per week for the employment of females
in manufacturing and mercantile establishments and in bakeries,
laundries, and restaurants, except for the six working days before
Christmas in mercantile establishments. An exception is also made
as to employment in canneries packing perishable products, such as
fruits and vegetables.
Questions of health of females are involved in a statute of Massa
chusetts (ch. 653), which authorizes the State board of health to
investigate the conditions of employment of women in core rooms and
to make rules regarding their employment therein; and of a statute
of New York (ch. 331), which makes it unlawful to employ any
female within four weeks after the birth of a child.
A Massachusetts law (ch. 683) directs that women employed in the
State bathhouses under the care of the metropolitan park commission
shall receive equal pay with men for similar work. The statute gov
erning suits for wages by female employees in New York City was
amended (ch. 468) by making the additional award of costs provided
for in the former statute discretionary with the court instead of
mandatory.
24
BULLETIN OF THE BUREAU OF LABOR.
EMPLOYERS’ LIABILITY AND WORKMEN’S COMPENSATION.
While the greater attention of the legislatures of the States in ses
sion this year was given to the subject of compensation legislation,
some important laws were passed relative to that of employers’
liability, the two subjects being to some extent considered side by
side in the same legislation. The constitution of the State of Arizona
(Art. X V III, secs. 3-8) forbids all contracts waiving the employees’
rights to sue for damages as a condition of employment or otherwise,
and abrogates the defense of fellow service, while the defenses of
contributory negligence and assumed risks are made questions for
consideration by the jury. It is declared that the right to sue for
damages shall never be abrogated nor shall the amount of damages
recoverable be limited. The legislature is directed to enact an em
ployer’s liability statute governing all hazardous occupations, such
as mining, smelting, manufacturing, transportation, etc., and for
all cases of injury not caused by the negligence of the employee.
The legislature is also to provide a compulsory compensation act for
employments determined to be especially dangerous, to cover injuries
arising out of and in course of the employment caused either by the
necessary risk of the employment or by the lack of care by the em
ployer, the employee to have an option between a suit under the lia
bility statute and the claim for compensation. The liability statute
(ch. 89), enacted in conformity with the foregoing constitutional
provision, gives a right of action for employees in hazardous occu
pations, “ or any other industry,” for death or injury caused by
accident due to the conditions of the occupation and not caused by
the negligence of the injured employee. A list of occupations de
clared hazardous is given, and employers are directed to make rules
for safety. The act embodies the provisions of the constitution as
to the three customary defenses in liability actions, and directs the
addition to the judgment of 12 per cent per annum during the period
of delay in any case in which a judgment is affirmed on appeal. A
Louisiana statute (No. 187) deprives employers of the defenses of
assumed risk and fellow service, except that they may be considered
by the court in determining the measure of damages to be allowed.
The constitution of New Mexico (Art. X X , sec. 16) makes railroad
companies liable to their employees for injuries resulting from the
acts of a fellow servant or from any defect or insufficiency in the
cars or equipment, due in whole or in part to the negligence of the
company. Waivers of the rights of employees are forbidden.
Another section of the same constitution (Art. X X II, sec. 2) carries
over and retains as State legislation the Federal statute of 1908
fixing the liability of railroad companies for injury to their
employees.
LABOR LEGISLATION OF 1912.
25
The Massachusetts statute on the subject of the liability of em
ployers for injuries to their employees is amended (ch. 251) by
making sufficient as a form of notice any form of signed, written
communication giving information as to the fact of the injury, show
ing its time, place, and cause; while the statute relative to the lia
bility of railroad companies is amended (ch. 354) by fixing the
minimum recovery for damages for death at $500 and the maximum
at $10,000. The Mississippi statute relative to the liability of rail
road companies for injuries to their employees is extended (ch. 215)
so as to cover all companies using engines, locomotives, or cars of
any kind propelled by steam, electricity, gas, gasoline, or lever
power, and running on tracks. Proof of injury is made prima facie
evidence as against the company. The Virginia statute is strength
ened (ch. 291) by allowing injured employees to recover when the
accident was due to the act of a coemployee whom the injured person
had a right to direct, and also if such coemployee was employed
about the same train of cars or on or about an engine.
Four States passed laws providing for a system of compensation
for injuries to workmen. The principal features of these and all
other general compensation laws of the States are shown in a chart
facing page 26. The statute of Arizona, enacted at the extra ses
sion of its legislature (ch. 14), is compulsory upon employers in
designated employments determined to be especially dangerous.
Other employments may be brought under the act by mutual agree
ment, though in all cases the option of the employee is retained as
to suing for damages. The doctrine of “ no liability without fault ”
is abrogated and the statute is said to cover the necessary and
inherent risks of the employment and those due to the negligence of
the employer. Periodical payments are provided for, subject to con
version into lump-sum payments if the court approves. The court
may also provide for distribution among claimants; and in case of
any suit, the attorney’s fees taxed on the employer if judgment be
against him, shall not exceed 25 per cent of the amount recovered.
I f either party refuses to act under this statute the other may proceed
under other laws, but remedies are mutually exclusive. The Mary
land statute (ch. 837) is hardly more than permissive, setting forth
a system of cooperative insurance on the basis of contracts between
employers and employees, the employer to pay at least one-half of
the premiums for such insurance as may be arranged. I f the insur
ance is carried on by means of an assessment fund, the employer
must provide for the management of the same. Where insurance is
written, the employer may advance the premiums and procure blank
policies and fill them in and reimburse himself for the employees’
proportion of expense from the wages due them. No contract is to
be made the condition of employment. The ordinary defenses in
suits for damages remain unchanged.
26
BULLETIN OF THE BUREAU OF LABOR.
The act of the Michigan Legislature (No. 10) provides for an
elective compensation system, the choice to be indicated by the filing
of written statements, subject to the approval of the industrial acci
dent board of the State. Four methods of payment of benefits are
provided, (1) directly by the employer, who furnishes proof of
solvency, (2) by insurance in any authorized insurance company, (3)
by mutual associations of employers, and (4) by a State fund to which
employers may choose to contribute. Payment under any one system
is in so far a bar to claims under any other. Existing contracts of
insurance are valid, but no reduction of the liability provided by the
statute is permitted, nor may waivers thereof be made. No State ac
cident funds may be organized with less than five employers having
an aggregate of at least 3,000 employees. Premiums are to be adj usted
at actual cost by the commissioner of insurance, who is authorized to
classify establishments and fix the rates accordingly. The acceptance
of the provisions of the statute of Ehode Island (ch. 831) is elective
and applicable to employers of more than five workmen, the election
being made by a writing filed by the employer with the commissioner
of labor, the assent of the employee being presumed in the absence of
written notice to the contrary. The three customary defenses in
liability suits are abrogated for employers failing to come within the
statute. Periodical payments are contemplated, but these may be
commuted by the payment of lump sums after six months. Other
schemes of compensation equally favorable may be substituted if
approved, and if the employee contributes to their maintenance cor
responding additional benefits must be provided.
Besides the provision already referred to in the constitution of
Arizona, the constitutions of California and Ohio now contain
provisions for compulsory compensation systems, an amendment
adopted October 10, 1911, authorizing the legislature of California
to pass laws providing for compulsory compensation irrespective of
fault and for the settling of disputes thereunder by arbitration, by
an industrial accident board, or by courts; while the provision of the
Ohio constitution (Art. II, sec. 35) authorizes compulsory contribu
tions to a State fund for compensation for death, injuries, or occupa
tional diseases occasioned in course of employment. The legislature
is authorized to abolish the customary defenses, but the right of ac
tion under the liability statutes is to remain if the employer fails to
comply with the safety laws of the State. The State liability board
of awards is authorized to classify employments, collect the contribu
tions authorized, and administer the law generally. The legislature
of New York also took steps by a concurrent resolution (p. 1382) to
amend the constitution of that State so as to authorize the enactment
of a compensation or insurance law which shall be the exclusive
remedy in cases of injuries to employees.
PRINCIPAL FEATURES OF LAWS RELATIVE TO WORKMIM’S COMPENSATION AND INSURANCE.
How election i< made.
I
System provided for. j
etc.
Defenses abrogated if
employer does not elect.
Industries covered.
By employer.
By employee.
Presumed in ab
sence of written
notice if em
ploy®!? ©tects.
Disputes settled by—
During first 90 days; not
to exceed 5100.
Notice in 30 days; claim
in 1 year.
Industrial accident
board; limited ap
peal to courts.
50 per cent of wage de- | During first 8 weeks, not
crease: $12 maximum, i over $200; physician or
for not more than s
surgeon during disavears.
bility unless employee
prefers his own.
51 per cent of weekly 25 to 50 per cent of weekly Only if employee dies
earnings; $6 minimum, i earnings; $3 minimum,
leaving no dependents.
$15 maximum, for not j
$12. maximum, for not
more than 10 years.
more than 10 years.
Notice as soon as prac
ticable; claim in 6
months.
Arbitrators for each
case; appeal to
courts.
Notice in 10 days; claim
in 6 months.
Local committees
or
arbitrators;
court review al
lowed.
$750 maximim ex*
cept to residents
of Canada.
50 per cent of wreekly 50 per cent of wage de
wages for not over 590 | crease, $10 maximum,
weeks; $4 minimum, $10
for not over 300 weeks:
maximum, total not to
fixed rates for specified
exceed $4,(XX).
injuries.
50 per cent of average 50 per cent of wage loss;
weekly earnings: maxi- ! maximum, $10 per week
mum, $10 for not more
not more than 300 weeks.
than 300 wreeks.
During first 3 weeks___
Notice in 3 months; claim
in 6 months.
Industrial accident
board: arbitration,
appeals to supreme
court.
Included.
Only if employee dies
leaving no dependents.
Notice as soon as prac
ticable,
and
before
leaving service; claim
in 6 months.
P r o c e e d i n g s in
equity.
Beneficiaries must
be residents of
State.
Notice in 30 days; in 90
days if employee can
justify delay and em
ployer was not preju
diced thereby.
Notice as soon as prac
ticable, and before leav
ing service; claim in 6
months.
Judges of court of
common pleas.
Excluded.
Total disability.
Partial disability.
Medical and surgical aid.
Assumed risks, fellow
service:
contributory
n e g l i g e n c e to be
measured.
. . . . d o . . . . .................
. .d o..........
Assumed risks, fellow
service;
contributory
n e g l i g e n c e t o be
measured.3
Permitted in lieu of com
pensation where em
ployer intentionally fails
to c o m p l y w U h a
statute.
Permitted in lieu of com
pensation if employer
was personally negli
gent.
Writing filed with ....... d o..........
accident board.
Assumed risks, fellow
sen*ice, and contribu
tory negligence.
Not permitted after tak
ing any steps under
compensation or in
surance provisions.
Writing filed with
commissioner of
labor,with proof
of financial abil
ity or bond.
Presumed in ab
sence of written
notice.
B y accepting com None (assumed risks, fel
low service and contrib
pensation or be
utory negligence re
ginning proceed
stricted by liability pro
ings under the
visions of statute).
act.
Presumed in ab Assumed risks, fellow
service:
contributory
sence of written
negligence unless will
notice if em
ful.
ployer elects.
Permitted in lieu of com
pensation.
.do..
Not permitted after elect
ing to receive compen
sation.
.do..
.do.
25 to 60 per cent of wages
for 300 weeks; $5 min
imum, $10 maximum;
no dependents, $200.
50 per cent of wages for 400 j Proportionate, fixed scale
wreeks; $5 minimum, $10 | (sec. 11, c).
maximum.
During first 2 weeks; not
over $100.
All but railroads.
Writing filed with
county clerk.
Writing filed with
county clerk.
None; restricts defenses of
assumed risks and fel
low service; requires
proof of contributory
negligence.
.do..
.do..
1,200 times daily earnings;
$3,000 maximum: no de
dependents, $100.
50 per cent of wages (not
more than $10 weekly)
for not more than * 8
years.
50 per cent of wage de
crease; same limits as
for total disability.
Only if employee dies
leaving no dependents.
All employing more
than 5 workmen, ex
cept in domestic ser
vice and agriculture
(casual employees and
those earning over
S1,S00 excepted).
All (casual employees
excepted).
Writing filed with
commissioner of
industrial statis
tics.
Presumed in ab
sence of written
notice if em
ployer elects.
50 per cent of weekly
wages for 300 weeks: $4
minimum, $10 max
imum; no dependents,
50 per cent of weekly 50 per cent of wage de
earnings for not over j
crease, $10 maximum,
50 ) weeks: $4 minimum,
for not more than 300
$10 maximum.
weeks; fixed rates for
specified injuries.
Reasonable services for
first 2 weeks; maximum
$200 in fatal cases with
no dependents, includ
ing burial.
Notice in 30 days; claim
in 1 year.
Courts in summary
proceedings.
Writing filed with
Industrial Com
mission.
.. . . d o .......
Assumed risks, fellow
service, and contribu
tory
negligence
ex
cept for domestic and
farm labor and em
ployers of 5 or less per
sons.
Assumed risks, fellow
service (if 4 or more em
ployees).
Permitted in lieu of
compensation if em
ployer was guilty of
serious or willful mis
conduct, or violated
safety law.
Not permitted after elect
ing to receive compen
sation.
65 per cent of wages, if
nurse Is required, 100
per cent after 90 days;
no total to excecd 4
years' earnings.
50 per cent of average
semimonthly earnings,
during disability, not
to exceed $4,(XX).
65 per cent of wage de
crease: no total to ex
ceed 4 years’ earnings.
For not more than 90
days.
Notice in 30 days, claim
in 2 years.
Industrial Commis
sion; appeal to
courts.
50 per cent of wage de
crease until recovery,
not to exceed $4,000.
Only if employee d i e s
leaving no dependents.
Notice in 2 weeks; none
required in case of
death or incompetence.
Action on claim within
1 year.
Notice as soon as prac
ticable; claim in 6
months.
Arbitration, refer
ence to attorney
general, or appeal
to courts.
Compensation, elec
tive.
Ch. 218.
Approved May
14.1911. In effect
Jan. 1,1912.
.. ..d o ........
“ Kspecially dangerous”
(casual employees and
those not exposed to
hazards of employ
ments excepted).
“ Especially dangerous’ '
(enumerated
list)
where 15 or more
workmen a r e e m ployed.8
All (casual employees
excepted).
Presumed in ab
sence of writte i
notice:
must
post notice to
bind employees.
Writing filed with
s e c r e t a r y of
state.
Michigan. No. 10.
Approved March
20.1912. In effect
Sept. 1,1912.
Compensation, elec
tive (compulsory
as to State and
municipalities).
New Hampshire.
Ch.
163. Ap>roved Apr. 15,
911.
In effect
Jan. 1,1912.
New Jersey. Ch.
96.
Approved
Apr. 4, 1911. In
effect July 4,
1911.
Mew York.
Ch.
352.
Approved
May 24, 1910. In
effect Sept. 1,
1910.
Compensation, elec
tive.
‘ Dangerous” (enumer
ated list).
.. ..d o .....................
All....................................
Bhode Island. Ch.
831.
Approved
Apr. 29,1912. In
effect October 1,
1912.
. . . . d o . . . ...................
Wisconsin. Ch. 50.
Approved May 3,
1911. In effect
Sept. 1,1911.
Compensation, elec
tive (compulsory
as to the State and
its municipalities).
Arizona.
Ch. 14
(extra session).
Approved June
8, 1912. In effect
Sept. 1,1912.
Nevada. Ch. 1S3.
Approved Mar.
24,1911. In effect
July 1.1911.
Compensation, com
pulsory.
u Especially dangerous”
(enumerated l i s t ) ;
elective as to all
others.
___d o...................
“ Especially dangerous ’’
(enumerated l i s t :
workmen engaged in
manual or mechanical
labor).
Maryland. Ch. 837.
Approved Apr.
15, 1912. In ef
fect same date.
Insurance, coopera
tive, elective.
Massachu s e t t s .
Ch. 751.
Ap
proved July 28,
1911. In effect
Ju!v 1.1912.
O h i o . P. 524.
Approved June
15, 1911. In ef
fect Jan. 1,1912.
Insurance, elective
(State or in au
t h o r i z e d com
pany).
J
By contract in
'writing with em
ployer.
All (casual employees
excepted).
B y subscribing to
State
associa
tion, or insur
ing.
Presumed in ab
sence of written
notice if em
ployer insures.
State insurance, co
operative,
elec-
All employing 5 or more
workmen.
By payment
premium.
Presumed
after
employer
has
posted
notice
of payment.
j State
insurance,
compulsory.
“ Ext ra
hazardous ”
(enumerated
list);
elective as to all
others.
of
Assumed risks, fellow'
service,
contributory
negligence, except iu
domestic and farm la
bor.3
Assumed risks, fellow
sen-ice,
contributory
negligence (if 5 or more
employees).
More than 1 week..
3 years’ earnincs: $1,000
minimum, $5,000 max
imum; no dependents,
$ 100.
65 per cent of weekly 65 per cent of wage de
wages for not more than
crease; wages considered
15 years,-total not to ex- , and total payments
ceed 3 years' earnings: ! same as for total disa
if nurse is required, loo
bility.
per cent:
minimum
wages
per
annum,
$333.33; m a x i m u m .
.d o ____
More than 6 work
ing days; then
c o m p e nsation
from eighth day.
4 years’ earnintrs; $1,500
minimum. $3,500 max
imum; no dependents,
$150.
50 per cent of weekly
earnings for 8 years; $5
minimum, $12 maxi
mum, up to $3,500.1
Approved schemes
may be substi
tuted.
.d o ......
More than 2 weeks.. 3 years’ earnings; $1,200
minimum. $3,600 max
imum; no dependents,
$100.
No reduction of lia
bility a l l o w e d ;
may elect State,
mutual, or pri
vate insurance.
.d o___
More than 2 weeks 50 per cent of weekly
(payment from
wages for 300 weeks: $4
date of injury if
minimum, $10 maxi
disability lasts 8
mum; no dependents,
weeks or more).
$200.
More than 2 weeks.. 150 times weekly earnings,
not more than $3,000; no
dependents, $100.
Approved schemes
may be substi
tuted: no reduc
tion of liability
allowed.
. . d o . ... ...
$200.
No reduction of lia
bility allowed.
.d o .....
Permitted in lieu of com
pensation.
Permitted if com
pensation is pro
vided not less than
that of the act.
.d o .....
Forbidden.
.do..
More than 1 week
(payment for first
week if disability
lasts more than 4
weeks).
At least 2 weeks;
then compensa
tion from date of
accident.
4 years’ earnings; $1,500
minimum, $3,000 max
imum; no dependents,
$ 100.
2,400 times one-half the
daily wages: $4,00') max
imum; no dependents,
medical and burial ex
penses.
More than 10 days.. 3 years’ earnings; $2,000
minimum, $3,000 max
imum; no dependents,
$300.4
60 per cent of weekly
earnings; specified in
creases for specified
maimings, total not to
exceed $3,000. <
Law is based on
contracts
with
casualty compan
ies.
Employers
of not less than
1,500 persons may
maintain estab
lishment funds.
Employer, not less
than 50 per cent
(plus cost of
management in
case of estab
lishment funds)*
remainder
on
employees.
At least 1 week if so
provided in the
contract.
3 years' earnings, $1,000
minimum; no depend
ents, $75 minimum, $100
maximum.
Not permitted after elec
tion of insurance sys
tem.
Employer may in
sure in any au
thorized liability
company.
Employer.............
More than 2 weeks.
50 per cent of weekly
wage for 300 weeks, $4
minimum, $10 maxi
mum; no dependents,
Employer, 90 per
cent; employee,
10 per cent.
More than 1 week..
$150 funeral expenses: 66§
per cent of wages for 6
years: $1,500 minimum,
$3,400 maximum.
50 per cent of average
weekly wages during
previous 12"months, if
so long in employers’
service; if not, then a
weekly benefit for such
shorter period as he may
have been in such serv
ice.
50 per cent of weekly
wages for not over 500
weeks, $4 minimum, $10
maximum, total not to
exceed $3,000.
66? per cent of wages until
death, if permanently
disabled; $5 minimum,
$12 maximum.
expenses;
‘ Loss of earaini
nine $75 funeral
spouse
receives
$20
power shall ceed
monthly; each child up
5 per cent.1
to 3, $5 per month;
maximum, $4,000.®
$20 per month if single,
$25 if married; for each
child under 16 years, $5
per month, not over $35
m all.7
$200.
Permitted in lieu of com
pensation if injury was
caused by willful act of
employer, or his officers
or agents, or failure to
comply with safety law.
Permitted in addition to
insurance benefits if in
jury resulted from de
liberate intention of
employer.
Forbidden.
Employer..
Such proportion of 60 per ....... do...............................
cent of earnings as loss
of capacity bears to
total loss; maimings as
in case of total disa
bility.1
Difference b e t w e e n
.do..
amount for total disabilit v and amount work
man ii able to earn after
the injury: fixed propor
tions for specified in
juries.
50 per cent of weekly
w age loss, $10 maximum,
for not more than 300
weeks; fixed rates for
specified injuries.
66j| per cent of wage de
crease for 6 years; $5 per
week minimum, $12
maximum: not over
$3,400 in all.
Proportionate; not over
$1,500.7
Courts..
•*
_________ L : __A
*<v«n
jr
____ i ___
j ___ n ___________ .
.
Included,
Arbitrators for each
case; if decision is
not unanimous,
appeal to courts.
Contract may require rea
sonable and timely
notice.
Arbitration, if so
provided in con
tract.
During first 2 weeks...
Notice as soon as prac
ticable; claim in 6
months.
Not to exceed $200.
To be fixed by board.
Arbitrators for each
case; industrial ac
cident board; ap
peal to courts on
points of law.
State li a b i 1 i t y
board of awards;
limited appeal to
courts.
50 per cent of benefits
added for first 6 months
of total temporary disa
bility; not more than 60
per cent of wages in all.
Claim in 1 year..
Industrial
insur
ance department;
appeal to courts.
6 Construed b y department to exclude cases in which less than 5 per cent of a working month was lost.
•t*
Included.
$1,666.66.
Permitted if injury is due
to the failure of the
employer to comply
with safety laws.
1If complete disability still continues, “ then a compensation during life, equal to 8 per cent of the death benefit,” not less than $10 per month.
2 Employers having fewer employees may elect, but lose no defenses if they do not.
3These defenses are not abrogated where an employee sues an employer who has elected to use the compensation system®
* Contributory negligence to be measured; compensation may be reduced proportionately.
(T o face page 26.)
. ..d o.,
.do...................
.do..
B y contract in
writing with em
ployee.
702 4 4 ’ — Bull. 111— 13.
Death.
Nonresident alien
beneficiaries oi
deceased work
men.
Time for notice and claim.
. .do__
P. 314.
Approved June
10,1911. In effect
May 1,1912.
Compensation for-
To be compensated
disability
must
continue—
Employer..
Writing filed with
industrial acci
dent board.
;
Burden of cost is
on—
Employer may in
sure or maintain
a benefit fund,
but may not &&>
d u c e liability
fixed by law.
All (casual employees
excepted).
j
j
Special contracts.
Permitted in lieu of com
pensation if employer
was personally grossly
negligent or violated a
safety law.
Compensation, elec
tive (compulsory
as to State and
municipalities).
Washington. Ch.
74.
Approved
Mar. 14,1911. In
effect Oct. 1,
1911.
j
None (assumed risks and
fellow service abrogated,
and comparative negli
gence enacted by gen
eral liability law).
Ch. 399.
Approved Apr.
8,1911. In effect
le p t. 1,1911.
,.do„<
Saits for damages are—
, until 16 years of
Only fethe? and
mother to be
considered.
PRINCIPAL FEATURES OF LAWS RELATIVE TO WORKMEN'S COMPENSATION AND INSURANCE.
How election i-; made.
States, etc.
System provided for.
Defenses abrogated if
employer does not elec t.
Industries covered.
By employer.
By employee.
Presumed in ab
sence of written
notice if em
ployer elects*.
’California. Ch. 399.
Approved Apr.
8,1911. In effect
Sept. 1,1811.
Compensation, elec
tive (compulsory
as to State and
municipalities).
All (casual employees
excepted).
Writing filed with
industrial acci
dent board.
Illinois.
P. 314.
Approved June
10,1911. In effect
May 1,1912.
Compensation, elec I “ Especially dangerous”
I (casual employees and
tive.
| those not exposed to
hazards of employ
ments excepted).
“ Especially dangerous”
..do..
(enumerated
list)
where 15 or more
workmen a r e e m ployed.*
Compensation, elec All (casual employees
tive (compulsory
excepted).
as to State and
municipalities).
Presumed in ab
sence of writte i
notice:
must
post notice to
bind employees.
Writing filed with
s e c r e t a r y of
state.
*uits for damages are-
Special contracts.
Burden of cost is
Compensation for-
To be compensated ]
disability
must i
continue—
j
Time for notice and claim. |Disputes settled by—
Death.
Total disability.
Partial disability.
Medical and surgical aid.
65 per cent of weekly
wages for not more than
15 years, total not to ex
ceed 3 years’ earnings:
if nurse is required, 100
per cent:
minimum
wages
per
annum.
$333.33; m a x i m u m ,
$ 1, 666.66.
50 per cent of weekly
earnings for 8 years; So
minimum, $12 maxi
mum, up to $3,500.1
65 per cent of wage de
crease; wages considered
and total payments
same as for total disa
bility.
During first 90 days; not
to exceed $100.
Notice in 30 days; claim
in 1 year.
Industrial accident
board; limited ap
peal to courts.
50 per cent of wage de
crease: $12 maximum,
for not more than 8
years.
During first 8 weeks, not
over $200; physician or
surgeon during disa
bility unless employee
prefers his own.
Only if employee dies
leaving no dependents.
Notice as soon as prac
ticable; claim in 6
months.
Arbitrators for each
case; appeal to
courts.
Notice in 10 days; claim
in 6 months.
Local committees
or
arbitrators;
court review al
lowed.
$750 maximum ex»
cept to residents
of Canada.
None (assumed risks and
fellow service abrogated,
and comparative negli
gence enacted by gen
eral liability law).
Permitted in lieu of com
pensation if employer
was personally grossly
negligent or violated a
safety law.
Employer may in
sure or maintain
a benefit fund,
but may mot ir®=
d u c e liability
fixed by law.
Employer.
More than 1 week..
3 years’ earnimrs: $1,000
minimum, $5,000 max
imum; no dependents,
5100.
...d o ....
Assumed risks, fellow
service*
contributory
n e g l i g e n c e to be
measured.
---- do.......................
.do..
More than 6 work
ing days; then
c o m p e nsation
from eighth day.
4 years’ earnimrs; $1,500
minimum, $3,500 max
imum; no dependents,
$150.
.<lo..
Assumed risks, fellow
service;
contributory
n e g l i g e n c e to be
measured.3
Permitted in lieu of com
pensation where em
ployer intentionally fails
to c o m p l y w i t h a
statute.
Permitted in lieu of com
pensation if employer
was personally negli
gent.
i
Ch. 218.
Approved May
14.1911. In effect
Jan. 1,1912.
Michigan. No. 10.
Approved March
20.1912. In effect
Sept. 1,1912.
New Hampshire.
Ch.
163. Ap
proved Apr. 15,
1911.
In effect
Jan. 1, 1912.
New Jersey. Ch.
95.
Approved
Apr. 4, 1911. In
effect July 4,
1911.
Hew York.
Ch.
352.
Approved
May 24, 1910. In
effect Sept. 1,
1910.
Compensation, elec
tive.
.d o ....................
.„dOo«
Bhode Island. Ch. — .do..
831.
Approved
Apr. 29,1912. In
effect October 1,
1912.
Wisconsin. Ch. 50.
Approved May 3,
1911.
In effect
Sept. 1,1911.
Compensation, elec
tive (compulsory
as to the State and
its municipalities).
Arizona.
Ch. 14
(extra session).
Approved June
8, 1912. In effect
Sept. 1, 1912.
Nevada. Ch. 183.
Approved Mar.
24,1911. In effect
July 1.1911.
Compensation, com
pulsory.
Assumed risks, fellow
service, and contribu
tory negligence.
Not permitted after tak
ing any steps under
compensation or in
surance provisions.
Writing filed with
commissioner of
labor, with proof
of financial abil
ity or bond.
Presumed in ab
sence of written
notice.
By accepting com None (assumed risks, fel
low service and contrib
pensation or be
utory negligence re
ginning proceed
stricted by liability pro
ings under the
act.
visions of statute).
Presumed in ab Assumed risks, fellow
service:
contributory
sence of written
notice if em
negligence unless will
ful.
ployer elects.
Permitted in lieu of com
pensation.
All but railroads.
Writing filed with
county clerk.
Writing filed with
county clerk.
None: restricts defenses of
assumed risks and fel
low service: requires
proof of contributory
negligence.
All employing more
than 5 workmen, ex
cept in domestic ser
vice and agriculture
(casual employees and
those earning over
SI,S00 excepted).
All (casual employees
excepted).
Writing filed with
commissioner of
industrial statis
tics.
Presumed in ab
sence of written
notice if em
ployer elects.
Assumed risks, fellow
service, and contribu
tory
negligence
ex
cept for domestic and
farm labor and em
ployers of 5 or less per
sons.
Assumed risks, fellow
service (if 4 or more em
ployees).
“ Dangerous” (enumer
ated list).
All....................................
Writing filed with
accident board.
Writing filed with
Industrial Com
mission.
. .d o........
. .d o__
___ do......................
“ Especially dangerous ’*
(enumerated l i s t :
workmen engaged in
manual or mechanical
labor).
Maryland. Ch. 837.
Approved Apr.
15, 1912. In ef
fect same date.
Insurance, coopera
tive, elective.
All....................................
By contract in
writing with em
ployee.
By contract in
writing with em
ployer.
Massachu s e t t s .
Ch. 751.
Ap
proved July 28,
1911. In effect
Julv 1.1912.
O h i o . P. 524.
Approved June
15, 1911. In ef
fect Jan. 1,1912.
Insurance, elective
(State or in au
t h o r i z e d com
pany'.
All (casual employees
excepted).
By subscribing to
State
associa
tion, or insur
ing.
Presumed in ab
sence of written
notice if em
ployer insures.
State insurance, co
operative,
elec
tive.
All employing 5 or more
workmen.
By payment of
premium.
Presumed
after
employer
has
posted
notice
of payment.
State
insurance,
compulsory.
‘ E x t r a hazardous ”
(enumerated
lis t ):
elective as to all
others.
Washington. Ch.
74.
Approved
Mar. 14,1911. In
effect Oct. 1,
1911.
No reduction of lia .......d o___
bility a 11 o w' e d:
may elect State,
mutual, or pri
vate insurance.
.do..
(T o face page 26.)
50 per cent of weekly 50 per cent of wage de
wages for not over 500 j
crease, $10 maximum,
weeks; $4 minimum, $10 > for not over 300 weeks:
maximum, total not to
fixed rates for specified
injuries.
exceed $4,000.
50 per cent of average 50 per cent of wage loss;
weekly earnings: maxi
maximum, $10 per week
mum, $10 for not more
not more than 300 weeks.
than 300 w'eeks.
During first 3 weeks___
Notice in 3 months; claim
in 6 months.
Industrial accident
board: arbitration,
appeals to supreme
court.
Included.
Only if employee dies
leaving no dependents.
Notice as soon as prac
ticable,
and
before
leaving service; claim
in 6 months.
P r o c e e d i n g s in
equity.
Beneficiaries mrst
be residents o(
State.
Notice in 30 days; in 90
days if employee can
justify delay and em
ployer was not preju
diced thereby.
Notice as soon as prac
ticable, and before leav
ing service; claim in 6
months.
Judges of court of
common pleas.
Excluded.
25 to 60 per cent of wages
for 300 weeks; $5 min
imum, $10 maximum;
no dependents, $200.
50 per cent of wages for 400 j Proportionate, fixed scale
w^eeks; $5 minimum, $10
(sec. 11, c).
maximum.
During first 2 weeks; not
over $100.
Permitted in lieu of
compensation if em
ployer was guilty of
serious or willful mis
conduct, or violated
safety law.
Not permitted after elect
ing to receive compen
sation.
.do..
.do..
1,200 times daily earnings;
$3,000 maximum; no de
dependents, $100.
50 per cent of wages (not
more than $10 weekly)
for not more than *8
years.
50 per cent of wage de
crease; same limits as
for total disability.
Only if employee dies
leaving no dependents.
50 per cent of weekly
wages for 300 weeks; $4
minimum, $10 max
imum; no dependents,
50 per cent of weekly
earnings for not over
503 weeks: $4 minimum,
$10 maximum.
50 per cent of wage de
crease, $10 maximum,
for not more than 300
weeks; fixed rates for
specified injuries.
Reasonable services for
first 2 weeks; maximum
$200 in fatal cases with
no dependents, includ
ing burial.
Notice in 30 days; claim
in 1 year.
Courts in summary
proceedings.
65 per cent of wages, if
nurse is required, 100
per cent after 90 days:
no total to exceed 4
years’ earnings.
50* per cent of average
semimonthly earnings,
during disability, not
to exceed $4,000.
65 per cent of wage de
crease: no total to ex
ceed 4 years’ earnings.
For not more than 90
days.
Notice in 30 days, claim
in 2 years.
Industrial Commis
sion: appeal to
courts.
50 per cent of wage de
crease until recovery,
not to exceed $4,000.
Only if employee d i e s
leaving no dependents.
Arbitration, refer
ence to attorney
general, or appeal
to courts.
60 per cent of weekly
earnings; specified in
creases for specified
maimings, total not to
exceed $3,000.*
Such proportion of 60 per
cent of earnings as loss
of capacity bears to
total loss; maimings as
in case of total disa
bility.1
Difference b e t w e e n
amount for total disa
bility and amount work
man U able to earn after
the injury; fixed propor
tions for specified in
juries.
Notice in 2 weeks; none
required in case of
death or incompetence.
Action on claim within
1 vear.
Notice as soon as prac
ticable; claim in 6
months.
.d >.__
Approved schemes
may be substi
tuted: no reduc
tion of liability
allowed.
.d o ....................
No reduction of lia
bility allowed.
.d o ..................
Permitted if com
pensation is pro
vided not less than
that of the act.
$200.
....d o ..* ...............
More than 1 week
(payment for first
week if disability
lasts more than 4
weeks).
At least 2 weeks;
then compensa
tion from date of
accident.
4 years’ earnings; $1,500
minimum, $3,000 max
imum; no dependents,
$ 100.
2,400 times one-half the
daily wages: $4,003 max
imum; no dependents,
medical and burial ex
penses.
More than 10 d a ys.. 3 years’ earnings: S2,000
minimum, S3,030 max
imum; no dependents,
$300.4
Permitted if injury is due
to the failure of the
employer to comply
with safety laws.
Law is based on
contracts
with
casualty compan
ies.
Employers
of not less than
1,500 persons may
maintain estab
lishment funds.
Employer, not less
than 50 per cent
(plus cost of
management in
case of estab
lishment funds)remainder
on
employees.
At least 1 week if so
provided in the
contract.
3 years’ earnings, $1,000
minimum: no depend
ents, $75 minimum, $100
maximum.
Not permitted after elec
tion of insurance sys
tem.
Employer may in
sure in any au
thorized liability
company.
Employer.............
More than 2 weeks.
Employer, 90 per
cent; employee,
10 per cent.
More than 1 w eek..
50 per cent of weekly
wage for 300 weeks, $4
minimum, $10 maxi
mum; no dependents,
$200.
$150 funeral expenses: 66§
per cent of wages for 6
years: $1,500 minimum,
$3,400 maximum.
50 per cent of average
weekly wages during
previous 12 months, if
so long in employers’
service; if not, then a
weekly benefit for such
shorter period as he may
have been in such serv
ice.
50 per cent of weekly
wages for not over 500
weeks, $4 minimum, $10
maximum, total not to
exceed $3,000.
663 per cent of wages until
death, if permanently
disabled; $5 minimum,
$12 maximum.
$75 funeral
expenses;
spouse
receives
$20
monthly: each child up
to 3, $5 per month;
maximum, $4,000.®
$20 per month if single,
$25 if married; for each
child under 16 years, $5
per month, not over $35
m all.7
Permitted in lieu of com
pensation if injury was
caused b y willful act of
employer, or his officers
or agents, or failure to
comply with safety law.
Permitted in addition to
insurance benefits if in
jury resulted from de
liberate intention of
employer.
Forbidden.
Employer..
Included.
More than 2 weeks 50 per cent of weekly
wages for 300 weeks: $4
(payment
from
minimum. Sl() maxi
date of injury if
mum; no dependents,
disability lasts 8
$200.
weeks or more).
More than 2 weeks.. 150 times weekly earnings,
not more than $3,000; no
dependents, $100.
.do.
Forbidden.
Assumed risks, fellow
service,
contributory
negligence, except in
domestic and farm la
bors
Assumed risks, fellow
service,
contributory
negligence (if 5 or more
employees).
53 per cent of w’eekly 25 to 50 per cent of weekly
earnings: $6 minimum.
earnings; $3 minimum,
$15 maximum, for not , $12. maximum, for not
more than 10 years.
more than 10 years.
.do..
1If complete disability still continues, “ then a compensation during life, equal to 8 per cent of the death benefit,” not less than $10 per montho
2 Employers having fewer employees may elect, but lose no defenses if they do not.
3These defenses are not abrogated where an employee sues an employer who has elected to use the compensation system®
4Contributory negligence to be measured; compensation may be reduced proportionately.
702 4 4 °— Bull. 111— 13.
..d o .................... More than 2 weeks.. 3 years’ earnings; $1,200
minimum. $3,600 max
imum; no dependents,
$ 100.
men.
Not permitted after elect
ing to receive compen
sation.
Permitted in lieu of com
pensation.
F specially dangerous”
(enumerated l i s t ) ;
elective as to all
others.
Approved schemes
may be substi
tuted.
Nonresident alien
beneficiaries oi
deceased work
‘ Loss of earning
power shall exceed
5 per cent.” ®
___d o...„.
Courts..
Included.
Arbitrators for each
case; if decision is
not unanimous,
appeal to courts.
Contract may require rea
sonable and
timely
notice.
Arbitration, if so
provided in con
tract.
i
50 per cent of weekly During first 2 weeks..
wage loss, $10 maximum,
for not more than 300
weeks; fixed rates for
specified injuries.
66§ per cent of wage de Not to exceed $200___
crease for 6 years; $5 per
week minimum, $12
maximum: not over
$3,400 in all.
Notice as soon as prac
ticable; claim in 6
months.
Proportionate; not over
$1,500.*
Claim in 1 year..
50 per cent of benefits
added for first 6 months
of total temporary disa
bility; not more than 60
per cent of wages in all.
To be fixed by board..
Arbitrators for each
case; industrial ac
cident board; ap
peal to courts on
points of law.
State li a b i 1i t y
board of awards;
limited appeal to
courts.
Industrial
insur
ance department
appeal to courts.
6 Construed b y department to exclude cases in which less than 5 per cent of a working month was lost.
« If a widow remarries she receives a lump sum of $240. If there are children and no widow they receive $10 per month each, but not more than $35 in all, until 16 years of
age; if injury was caused by removal of safeguard b y injured employee, or b y a fellow workman with his consent 10 per cent is deducted.
*II injury was caused by removal of safeguard b y injured employee, or by a fellow workman with his consent, 10 per cent is deducted.
Only fothe? and
mother to be
considered.
LABOR LEGISLATION OF 1912.
27
An act of May 30,1908, providing for compensation for injuries of
certain employees of the United States was amended by an act of
Congress (ch. 57) extending the provision of this statute to artisans,
laborers, or other employees engaged in any hazardous work under
the Bureau of Mines or the Forestry Service of the United States,
and by another act (ch. 255) bringing within its scope persons em
ployed by the United States in any hazardous employment in the
Lighthouse Service. The act providing for the government of the
Canal Zone (ch. 390) authorizes the President to provide a method
for determining and adjusting all claims for injuries to employees on
the canal or on the Panama Railroad, including work of construction,
maintenance, operation, and sanitation. After such method has been
provided the act of May 30,1908, shall not apply.
A provision made for injured clerks employed in the Railway Mail
Service, allowing them full pay during disability not to exceed one
year, which has been in force for several years past, was renewed
by the Post Office appropriation act of this year (ch. 389), with an
added provision that half pay may be granted to employees whose
injuries continue after the first year, the allowance not to extend
over one year additional. These provisions, together with the pro
vision of $2,000 to be paid to the representatives of clerks killed in
the service or dying within one year after injury, were extended by
the same statute to cover clerks engaged in the sea-post service.
The city of New York had its charter amended by a recent act of
the legislature of the State (ch. 353) so as to authorize heads of de
partments to allow 30 days’ leave with pay to employees injured in
course of their employments; while the Philippine Legislature passed
a lawr (No. 2123) making it the duty of provincial boards in their
discretion to pay to injured employees, including laborers, their
wages for 90 days during disability if it continued so long; also cost
of transportation and medical and hospital attendance. I f the injury
is fatal, burial expenses may be provided and 90 days’ wrages paid to
the family of the deceased employee. To an earlier statute of the
same legislature providing for compensation for injured officers or
employees in the civil service under the Insular Government is added
a provision (No. 2120) authorizing burial expenses and three months’
pay to the members of the family in case of fatal injuries, and also
authorizing the payment of hospital fees in cases of sickness resulting
from the performance of any act of duty.
Statutes amending or otherwise relating to existing State compen
sation laws were passed in five States. Thus in Maryland (ch. 445)
the statute providing for a miners’ cooperative insurance fund in
Allegany and Garrett Counties raises the rate of contribution of
parties in Garrett County from 27 cents to 38 cents per employee,
leaving the rate at 27 cents in Allegany County. Provision is made
28
BULLETIN OF THE BUREAU OF LABOR.
for suspension of assessments if the surplus shall exceed fixed
amounts, and the provision of reciprocal loans between the two coun
ties is stricken out. The Massachusetts Legislature (ch. 571)
amended the law of that State in numerous particulars of procedure,
though none of them affected any important features of the act. By
another act (ch. 666) the insurance commissioner of the State is
authorized to withdraw his approval of premiums and distributions
adopted by the Massachusetts Employees’ Insurance Association or
of any premium or rate of any insurance company operating in the
State. Another act (cli. 721) relating to this subject is one which
authorized the State treasurer to advance loans in an amount not to
exceed $100,000 as a fund to initiate the operations of the Massachu
setts Employees’ Insurance Association. The clerks of courts of
common pleas of the State of New Jersey are directed by a law of
that State (ch. 316) to transmit to the commissioner of labor all
orders filed by judges in the administration of the compensation act
of the State. Provisions for the mutual insurance of employers’ risks
are contained in a statute of Illinois (2d special session, 1912, p.
48) which authorizes any number of persons, not less than 20, to
form mutual casualty companies to contract to indemnify employers
for liabilities or losses due to accidents to employees in the State, and
in an act of the legislature of Michigan (No. 12) which authorizes
the formation of mutual insurance companies of any number of
employers, not less than 5, having not less than 5,000 employees.
The industrial accident board may, in its discretion, limit member
ship to employers engaged in industrial operations of the same gen
eral character or in operations of similar risks and hazards, and the
articles of the association, the by-laws, and the premium rates must
be approved by the industrial accident board and the State insurance
commissioner. These associations are given the status of corporations
and must make annual reports.
BENEFIT AND RETIREMENT FUNDS.
An act of the South Carolina Legislature (No. 300) authorizes any
corporation doing business in the State and desiring to provide sick,
accident, or death benefits to do so on paying a license fee graded
according to the number of counties in which the corporation desires
to do business. The Arizona Legislature passed a law (ch. 13) for
bidding and declaring void all rules of railroad relief societies which
require releases or waivers by employees of their rights under the
statutes of the State. Provision is made by a Massachusetts statute
(ch. 503) for pensions for laborers employed by municipalities, the
provision being applicable to cities and towns accepting the act, and
authorizing the retirement at the age of 60 of employees who have
worked for 25 years in its service and have become incapacitated, or
those who have worked for 15 years if incapacitated by injury in the
LABOR LEGISLATION OF 1912.
29
performance of duty. The rate of pension is fixed at one-half the
average annual compensation for the last two years of service. An
existing statute of this State providing a retirement system for em
ployees of the State was amended (ch. 363) by restricting the defini
tion of the word “ employees ” to permanent and regular employees
of the State. It provides also that in case any department or institu
tion has been administered by a city, county, or corporation and is
later taken over by the State, prior services shall be counted for the
period required to secure the benefits of the act. Provision is also
made for employees paid partly by the State and partly by counties.
ACTIONS FOR PERSONAL INJURIES OR DEATH.
Only two provisions appear for consideration under this head, both
of these being found in State constitutions. The Arizona constitu
tion (Art. II, sec. 31) forbids laws limiting damages recoverable for
death or injury, while the constitution of Ohio is amended (Art. I,
sec. 19a) by similar provision applicable to cases of injury causing
death.
REPORTING OF ACCIDENTS.
The extra session of the California Legislature of 1911 enacted
three laws which come under this head. The first (ch. 14) directs
all public utilities to report all accidents to the railroad commission
of the State, and authorizes it to investigate the causes of accidents
arising from or connected with the maintenance of operations of
such utilities and resulting in the loss of life or injury to person or
property. The facts disclosed are not to be admitted as evidence
in suits for damages. The second statute (ch. 39) directs all em
ployers and insurance companies to furnish to the industrial acci
dent board of the State data for the compilation of accident statis
tics, together with the costs and causes of accidents. The board is
authorized also to investigate preventive devices and the merits and
costs of various forms of insurance and compensation. The third
law (ch. 53) directs employers, physicians, and insurance com
panies to furnish to the State industrial accident board reports of
all fatal accidents and those causing disability for one week or more.
The report is to be detailed as to the nature of the employment,
the age, sex, etc., of the employee, the occupation, the time of the
injury, together with the nature and cause, the duration of disabil
ity, the rate of wages of the injured workman, payments, terms of
settlement, etc., and such other information as the accident board
may require. The accident reporting law of Massachusetts is
amended (ch. 409) so as to make the law apply to all employers,
who are directed to keep a record of all accidents causing disability
for four days and report the same to the chief of the district police.
30
BULLETIN OF THE BUREAU OF LABOR.
No statement in these reports is available in any action arising out
of the accident. The statute of New Jersey on this subject (ch.
156) is also of general application, directing reports to the commis
sioner of labor of all accidents causing disability for the period
of two weeks, showing the time, place, cause, and extent of the
injury. Casualty insurance companies are to make similar reports—
reports to be made within four weeks from the occurrence of nonfatal accidents or two weeks from the occurrence of fatal accidents.
Reports are to be confidential, but are available for the use of the
employers’ liability commission of the State. The Rhode Island
statute (ch. 795) is limited to accidents on railways, etc., the report
to be made to the public utilities commission of the State as to all
accidents causing loss of life or serious injury if connected with the
maintenance or operation of the utility reporting. Investigations
are authorized if deemed of public interest, but the notice sent may
not be used as evidence in any suit or prosecution.
OCCUPATIONAL DISEASES.
Two States join the growing list of those which require by law the
reporting of occupational or industrial diseases, Maryland (ch. 165)
requiring physicians to report cases of poisoning by lead, phos
phorus, zinc, or mercuiy or their compounds; also cases of anthrax,
compressed-air illness, or any other ailment or disease due to employ
ment. Reports are to be forwarded to the State board of health, who
is to transmit them to the chief of the bureau of statistics and infor
mation, by whom they are summarized in an annual report. A
penalty of $10 is provided for failure to make the reports required.
The law of New Jersey (ch. 351) is practically the same.
A third law, which may be considered in this connection for lack
of better classification, is one enacted by the Federal Congress (ch. 75)
laying a tax on the manufacture of white-phosphorus matches, the
tax to take effect as an internal-revenue provision on July 1, 1913.
The importation of matches in the manufacture of which white phos
phorus has been used is forbidden after January 1, 1913, and their
exportation after January 1, 1914. While on its face this law con
tains no reference to labor or health, its purpose is to eliminate from
industry the manufacture of such matches on account of the dangers
resulting to workmen in the processes involved.
LABOR ORGANIZATIONS.
The Federal Congress, at its recent session, embodied a permissive
provision in the appropriation act for the Post Office Department
(ch. 389) allowing employees of the department to organize to im
prove their condition, including questions as to hours of labor, com
pensation, and leaves of absence. They are not, however, to affiliate
LABOR LEGISLATION OP 1912.
31
with any outside organization involving an obligation to strike or
proposing to assist post-office employees in any strike. The same act
authorizes the admission of the publications of labor organizations
to the mails as second-class matter, if they are published at least quar
terly and not used primarily for purposes of advertisement. A bona
fide subscription list is required, but the price of subscription may
be included in the dues or assessments of the union, and 10 per cent
of the copies published may be used as free samples.
Two resolutions of the Mississippi Legislature take cognizance of
the activities of organized labor in connection with strikes in that
State. The first (ch. 435) urges the leaders on both sides of a strike
dispute then going on to settle their difficulties by arbitration at once
if possible, while the second (ch. 436) recites that organized capital
has received recognition, and that the strike referred to is due to the
refusal of organized capital to recognize organized labor. Sympathy
is expressed with the strikers so long as they obey the law and com
mit no violations, together with the hope that organized capital will
soon be forced by public opinion to recognize organized labor.
CIVIL RIGHTS OF EMPLOYEES.
Protection of employees as voters is the subject of a statute of
Minnesota (ch. 3), which forbids employers to give or cause to be
given any notice or threat as to the closing of their establishments
or reduction of wages if any political measure is adopted or person
elected, or to otherwise use any threat, express or implied, intended
or calculated to influence the political action of their employees. A
statute of New Mexico (ch. 63) of much the same tenor, makes it an
offense to threaten to discharge employees, or by the use of money
or any corrupt or unlawful means to attempt to influence voting or
to prevent the exercise of the right of suffrage. A statute of the same
State (ch. 73) provides that a railroad employee absent from home
on election day may present at any polling place in the State a cer
tificate from his place of residence, which the judges of election
must receive and mail to the county clerk of the county of residence
of the employee with his vote, to be counted in the election. Another
statute passed by this legislature (ch. 15) allows employees to take
two hours off from duty for the purpose of voting, at a time specified
by the employer, without becoming “ liable to any penalty.” In
timidation, threats of discharge, offers of reward or other acts likely
to influence the employee in voting are forbidden. The California
Legislature at its extra session of 1911 in providing for primary elec
tions (ch. 17) grants to employees two hours for voting without loss
of wages.
A provision in the appropriation act for the Post Office Depart
ment (ch. 389) guarantees to employees the right to petition Con
32
BULLETIN OF THE BUREAU OF LABOR.
gress or any member thereof, individually or collectively, or to fur
nish information directly.
The question of membership in the National Guard is considered
by a statute of Arizona (ch. 85) which forbids any act to prevent
the employment of a member of the National Guard or to obstruct the
business of the employer of such member. A similar provision is
found in an act of the Massachusetts Legislature (ch. 358) relating
to the members of the militia and naval reserves.
EMPLOYMENT OFFICES.
The Philippine Legislature enacted a law (No. 2129) authorizing
certain municipal councils and township authorities to establish reg
isters of mechanics and day laborers, such registers to be at the dis
posal of the public. The entries are to show the occupation or trade
of the person, his name, age, civil status, residence, and whether or
not employed. The beginning and termination of any contract for
employment of the persons registered is also to be recorded, and
monthly or quarterly reports are to be made to the bureau of labor
of the Insular Government. It is specifically stated that the purpose
of this act is not to restrict the liberty of employment.
Private employment offices are regulated by an act of the New
York Legislature (ch. 261) which amends the existing law as to
complaints and revocation of licenses by fixing a term of three years
as the period within which no new license shall be issued to a person
whose license has been revoked because of violations of the law, in
stead of barring them perpetually from reengaging in the business.
The only other law to be noted under this head is one of Mississippi
(ch. 94) which fixes, at $500 per annum for each county in which the
business is carried on, the license fee of emigrant or employment
agents.
BUREAUS OF LABOR.
A new bureau was created in the island of Porto Rico, the act
(ch. 84) creating an office under this title in the office of the director
of labor, charities, and correction. A chief of the bureau is to be
appointed by the director, subject to the approval of the governor.
An assistant chief, a clerk, and a stenographer complete the force
provided for. The duties of the bureau are to compile labor statis
tics, look after the welfare of the employed classes, to seek the adjust
ment of labor disputes, and the maintenance of good relations in
labor, and to report on sanitary conditions in all manufacturing and
industrial concerns. The title of the principal office was changed
from department of health, charities, and correction to that of labor,
charities, and correction. A new board was created by an act of the
Massachusetts Legislature (ch. 726) under title “ State Board of
LABOR LEGISLATION OF 1912.
33
Labor and Industries.” This board consists of five members ap
pointed by the governor for a term of five years, one to be an em
ployer, one a wage earner, one a physician or sanitary engineer, and
at least one a woman. This board is to appoint a commissioner of
labor for such term as they may determine, subject to removal by a
majority vote of the board. The duties of the board are to promote
industrial development, improve industrial conditions, enforce labor
laws, inspect factories, supervise the employment of women and chil
dren, etc. It takes over the duties in these respects of the State board
of health, the State inspectors of health, and of the district police as
to inspection of factories, etc., except for steam boilers and building
construction. An inspection force of not more than 24 persons, of
whom 4 at least shall be women, and 2 deputy commissioners of
labor are provided for, one of the latter to be especially qualified to
supervise the enforcement of laws which relate to the health of indus
trial workers. Reports of accidents sent to the industrial-accident
board are to be filed by it with this board. For the better carrying
out of the provisions of this law, the commissioner of labor may
divide the State into districts and assign them for inspection in such
way as he considers most desirable. In South Carolina the depart
ment of agriculture, commerce, and industries is so named by an act
(No. 346) which amends the previous law providing for a depart
ment of agriculture, commerce, and immigration. The department
is to be under the charge of a commissioner who must have com
petent knowledge of agricultural, manufacturing, and general indus
tries. The New York statute on this subject is amended in several
points by an act (ch. 543) giving discretion to the commissioner of
labor as to the number of special investigators and assistants that he
may appoint, instead of limiting him to 12, as formerly, and extend
ing the power of the commissioner as to the education and training
of aliens aiid their treatment in labor camps, by employment agencies,
etc. Two laws were passed by the New Jersey Legislature relative to
the department of labor of that State, one (ch. 83) placing the
assistant commissioner of labor and all inspectors of the department
in the classified service of the civil service of the State; while the
other (ch. 117) increases the salaries of the commissioner and assist
ant commissioner, and requires the latter to be qualified as an archi
tect, engineer, or mechanic, instead of as an experienced machinist,
as under the former law.
CONVICT LABOR.
This subject received considerable attention, the Ohio constitution
being amended (Art. II, sec. 41) so as to require State employment
for convicts and forbidding the farming, contracting, or giving away
of any work, product, or profit of convict labor. Any convict goods •
70244°—Bull. I l l —13------3
34
BULLETIN OF THE BUREAU OF LABOR.
to be sold in the State are to be conspicuously marked “ Prison
made.” A statute of Louisiana (No. 26) prohibits the use of con
vict labor for private purposes and directs the prison officials to fix
a code of rules, hours of labor, etc. The use of convict labor in the
manufacture of goods for public use is extended by an act of the
legislature of Massachusetts (ch. 565) which amends the existing
law on that subject. The Virginia Legislature provides (ch. 295)
for the establishment of kilns for the production of lime from lime
stone or oyster shells for sale to consumers in the State at such prices
as to pay the cost of production, the interest on the investment, and
a surplus of 10 per cent to cover wear and tear. A convict lime
board is established for the carrying out of these provisions. By a
statute of New Jersey (No. 223) provision is made for the employ
ment of county convicts on highways, and counties are authorized to
ask for State convicts for use on such work within their limits. The
legislature of Kentucky proposes (ch. 33) to amend the constitu
tion of that State so as to permit the State to employ convicts in the
improvement of public roads and the building of bridges, etc. The
State of New Mexico incorporated into its constitution provisions
(Art. X X , secs. 15, 18) directing that the net earnings of convicts
should go to their families for their support, and forbidding the
leasing of convict labor by the State.
LAWS RELATING TO LABOR ENACTED SINCE JANUARY I, 1912.
[The Twenty-second Annual Report of this Bureau contains the laws of the various
States and Territories and of the United States relating to labor in force January 1,
1908. Bulletin No. 85 contains the laws enacted during the years 1908 and 1909, Bul
letin No. 91 the laws for 1910, Bulletin No. 97 the laws for 1911, and the present Bulletin
the laws for 1912, forming in effect supplements to the Twenty-second Annual Report.
Where an amendatory enactment has made only slight changes in the existing law, the
full text of the amendment has not, in many instances, been reproduced, but the changes
have been indicated by brief notes inclosed in brackets. A cumulative index of the laws
printed in the above report and Bulletins is to be found on pages 223-263 of this
Bulletin.]
ABIZONA.
CONSTITUTION.
A rticle II.—Actions for injuries—Damages.
S ection 31. No law shall be enacted in this State limiting the damages?** °n
amount of damages to be recovered for causing the death or injury
of any person.
A rticle XV.— Corporation commission—Regulations for safety,
etc.
S e c t io n 2. All corporations other than municipal engaged in
Scope of law.
carrying persons or property for hire; or in furnishing gas, oil, or
electricity for light, fuel, or power; or in furnishing water for irri
gation, fire protection, or other public purposes; or in furnishing,
for profit, hot or cold air or steam for heating or cooling pur
poses; 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 cor
porations.
Sec. 3. The corporation commission * * * may * * * Power to
make and enforce reasonable rules, regulations, and orders for the make rules,
convenience, comfort, and safety, and the preservation of the
health, of the employees and patrons of such corporations; * * *
A rticle X V III. — Employment of lahor.
S ection 1. Eight hours and no more, shall constitute a lawful
B ig h t-h o u r
day’s work in all employment by, or on behalf of, the State or any d^ kf>n Public
political subdivision o f the State. The legislature shall enact w
such laws as may be necessary to put this provision into effect,
and shall prescribe proper penalties for any violations o f said
laws.
Sec. 2. No child under the age of fourteen years shall be em- Age limit for
ployed in any gainful occupation at any time during the hours in children,
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 limb; nor in any occu- Hours of lapation at night, or for more than eight hours in any day
bor.
Sec. 3. It shall be unlawful for any person, company, association, waivers of
or corporation to require of its servants or employees as a condi- employers’ na
tion of their employment, or otherwise, any contract or agreement bilitywhereby such person, company, association, or corporation shall
be released or discharged from liability, or responsibility on ac-
35
36
BULLETIN OF THE BUREAU OF LABOR.
count o f personal injuries which may be received by such servants
or employees while in the service or employment of such person,
company, association, or corporation, by reason of the negligence
o f such person, company, association, or corporation, or the
agents or employees thereof; and any such contract or agreement
if made, shall be null and void.
Fellow -servS ec . 4. The common law doctrine o f fellow servant, so far as
tee doctrine.
the liability of a master for injuries to his servant re
sulting from the acts or omissions o f any other servant or servants
of the common master is forever abrogated.
Contributory
Sec. 5. The defense of contributory negligence or of assumption
negligence and 0f risk shall, in all cases whatsoever, be a question of fact and
assumed risk.
sUall; a t a ll timeg b e le ft to th e ju r y .
Actions for
Sec. 6. The right of action to recover damages for injuries shall
never be abrogated, and the amount recovered shall not be sub
ject to any statutory limitation.
E mp loyers’
Sec. 7. To protect the safety of employees in all hazardous occuliability law. pations, in mining, smelting, manufacturing, railroad or street
railway transportation, or any other industry the legislature shall
enact an employer's liability law, by the terms of which any em
ployer, 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 employee 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.
Com pulsory
Sec . 8. The legislature shall enact a workmen’s compulsory
compensation, compensation law applicable to workmen engaged in manual or
mechanical labor in such employments as the legislature may
determine to be especially dangerous, by which compulsory com
pensation shall be required to be paid to any such workman by
his employer, if in the course of such employment personal injury
to any such workman from any accident arising out of, and in
the course of, such employment is caused in whole, or in part, or
is contributed to, by a necessary risk of danger o f such employ
ment, or a necessary risk or danger inherent in the nature thereof,
or by failure of such employer, or any of his or its officers, agents,
or employee, or employees, to exercise due care, or to comply
with any law affecting such employment: Provided, That it shall
be optional with said employee to settle for such compensation,
or retain the right to sue said employer as provided by this con
stitution.
Black lists.
Sec. 9. The exchange, solicitation, or giving out o f any labor
“ black list,” is hereby prohibited, and suitable laws shall be
enacted to put this provision into effect.
Employment
S ec . 10. No person not a citizen or ward of the United States,
ofiii —k ° n ° r who ^as not declared his intention to become a citizen, shall
pub c wor s. be emp i0y ed 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 municipality thereof, on street or road work, or
other public work. The legislature shall enact laws for the en
forcement, and shall provide for the punishment o f any violation,
o f this section.
injuries.
A
r t ic l e
X I X ,— Mine regulations—Inspector.
S ection 1. The office of mine inspector is hereby established,
The legislature, at its first session, shall enact laws so regulating
enacted t0 ^
°P era t i ° n and equipment of all mines in the State as to pro
vide for the health and safety of workers therein and in connec
tion therewith, and fixing the duties o f said office. Upon ap
proval of such laws by the governor, the governor, with the
advice and consent of the senate, shall forthwith appoint a mine
inspector, who shall serve until his successor shall have been
elected at the first general election thereafter and shall qualify.
Office e r e -
ated.
LABOR LEGISLATION OF 1912— ARIZONA.
37
Said successor and all subsequent incumbents o f said office shall
be elected at general elections, and shall serve for two years.
ACTS OF 1912.
C hapter
2.—Sale of liquor near labor camps.
S e c t i o n 1. It shall be unlawful for the board of supervisors,
No licen se
sheriff*, or other officers o f any county in this State to grant o r w ith in 6 m iles
issue a license to any person, firm, association or corporation to
camPsell, barter, exchange or otherwise dispose o f spirituous, malt or
vinous liquors, in quantities o f less than five (5) gallons, within
six (6) miles o f any camp, or assembly, o f men engaged in the
construction or repair of any railroad, canal, reservoir, public
work or other kindred enterprise where twenty-five (25) or more
men are employed.
Sec. 2. Any person who shall sell, or offer for sale, barter, ex- S e l l i n g
change, barter or otherwise dispose of, any spirituous, malt or w ith in 6 m iles,
vinous liquors in less quantities than five (5) gallons, within
six (6) miles of any camp or assembly of twenty-five or more
men engaged in the construtcion [construction] or repair of any
railroad, canal, reservoir or public work or kindred enterprise,
shall be deemed guilty of a misdemeanor and upon conviction
shall be fined not exceeding fifty dollars ($50), or be imprisoned
in the county jail not exceeding thirty (30) days, or both such
fine and imprisonment.
S e c . 3 . This act shall not apply to any incorporated city or town,
E xem p tion s,
or to sales made within the corporate limits of any city or town,
nor to any saloon or place o f business outside o f any incorporated
city or town which has been in existence and where such liquors
have been sold continuously under license issued by the proper
authorities o f any county, for six (6) months, or more prior to
the beginning o f such work within said six mile limit.
Became a law April 2, 1912, over the governor’s veto.
C hapter
8 .—
Railroads— Telegraph and
Age, etc.
telephone
operators—
S e c t i o n 1. No railway company, or corporation operating a line E ig h teen -y ear
or lines of railway within this State, shall hire, employ, or per- age limit,
mit any person to act as a telegraph or telephone operator for
the purpose of receiving or transmitting messages, orders, or
other instructions, governing 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 experience as a E xperience,
telegraph operator.
Sec. 2. Any such company or corporation, its officers or agents, violations,
violating any of the provisions of this act shall be deemed guilty
of a misdemeanor, and, upon conviction thereof, shall be pun
ished by a fine of not less than one hundred dollars ($100) and not
more than one thousand ($1,000) for each and every offense.
Approved April 22, 1912.
C hapter
13.—Railroad relief associations— Releases.
S e c t i o n 1. No railroad company now existing or hereafter ereR eleases forated under and by virtue of the laws o f this State, or of any other bidden.
State or country, and having and operating a line o f railway in
this State, may establish or maintain, or assist in establishing
or maintaining, any relief association or society, the rules or by
laws o f which shall require o f any person or employee becoming
a member thereof, to enter into a contract agreement, stipulation,
directly or indirectly, whereby such person or employee shall
stipulate 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,
38
BULLETIN OF THE BUREAU OF LABOR.
in case he asserts sncli claim for damages, any right whatever,
and any such agreement or contract so signed by such person
shall be null and void.
Approved May 2, 1912.
C hapter 14.—Railroads—Bonds o f employees.
Bonds from
Section 1. No common carrier authorized to do business in this
nanC
iSe(etceom State, wlleu requiring of an employee that he give it a bond or
undertaking of any nature whatsover [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 carrier; and no such common carrier shall reject any such
bond or undertaking for any reason other than the financial in
sufficiency of such bond or undertaking.
N onresident
Sec. 2. No common carrier authorized to do business in this
companies, etc. g^ate, when requiring of any employee that he give it a bond or
undertaking o f any nature whatsoever, shall require as surety
thereon any person not a resident o f this State; nor shall any
such common carrier accept as such surety any company, cor
poration, or association, unless the same is a corporation duly
organized under the laws o f the State of Arizona, or shall have
designated an agent residing within this State upon whom service
of legal process against it may be had as provided by law for
foreign corporations doing business in this State, and shall also
have in this State a general office; every such common carrier
shall require that every such bond or undertaking shall be ap
proved, if approved, and cancelled, if cancelled, at such State
office, where a complete record thereof shall be kept.
Term.
Sec. 3. Every bond or undertaking o f any nature whatsoever,
given by an employee of any common carrier authorized to do
business in this State, shall be made to cover a definite term ; and
no such bond or undertaking shall be cancelled without the con
sent o f all parties thereto, except for a breach of one or more of
the conditions thereof. Any such employee, who shall have given
any such bond or undertaking, shall, upon the breach o f any of
Cancellation, the conditions thereof by the other party or parties thereto, have
the j)ower to cancel the same by giving the surety or sureties
thereon, and the common carrier for the benefit of whom the same
shall have been made, at least ten days’ notice in writing, setting
out in full the reason for cancelling the same, said notice to be
signed by such employee and sworn to by him in this State before
any officer authorized to administer oaths. Any such notice to a
company, corporation, or association may be served by leaving the
same with any person upon whom service of legal process upon
such company, corporation, or association may be had. Any surety
on any such bond or undertaking, shall, upon the breach o f any
o f the conditions thereof by the common carrier employee, for whom
the same shall have been made, have power to cancell [cancell the
same by giving such employee at least ten days’ notice in writing,
setting out in full the reasons for cancelling the same, the said
notice to be signed by an agent or manager of such surety, then a
resident o f this State and then authorized to approve or disap
prove similar bonds or undertakings for such surety, and to be
sworn to by the person signing the same in this State before an
officer authorized to administer oaths: Provided, That nothing
therein shall effect [affect] any right of action accruing to any
person upon the breach of a contract.
V io la tio n s.
Sec. 4 . Any person, officer or manager, company, corporation,
association, or firm who shall violate any o f the provisions of this
act shall be deemed guilty o f a misdemeanor and be punished by a
fine of not less than one hundred dollars ($100), nor more than
one thousand dollars ($1,000), or by imprisonment in the county
jail for a period of not less than thirty days (30), nor more than
one year (1 ), or by both such fine and imprisonment at the discre-
LABOR LEGISLATION OF 1912----ARIZONA.
39
tion o f the court. Any bond, contract or undertaking made in vio
lation o f the provisions of this act shall be void.
Approved May 7, 1912.
C hapter 16.—Railroads—Sufficient crews for trains.
S ection 1. A single locomotive, or a single locomotive with its
accompanying tender, when operated outside of the yard limits,
shall be equipped with, and shall carry, a crew consisting of not
less than one engineer, one fireman, and one conductor or flagman:
Engine crew,
Provided, however, That this section shall not apply to helper
locomotives going or returning a distance o f twenty-five (25)
miles.
Sec. 2. A passenger, mail, or express train, composed of less than Trains of
six cars, when operated outside of the yard limits, shall be*®®.® than slx
equipped with, and shall carry, a crew consisting of not less than
one engineer, one fireman, one conductor, one baggage-master, and
one flagman: Provided, however, That this section shall not apply
to gasoline motor cars.
Sec. 3. A passenger, mail, or express train composed o f six or T r a i n s of
more cars, when operated outside o f the yard limits, shall be six or more
equipped with, and shall carry, a crew consisting of not less than cars*
one engineer, one fireman, one conductor, one baggage-master, one
flagman, and one brakeman.
Sec. 4. A freight train composed of less than forty cars, when F r e i g h t
operated outside of the yard limits, shall be equipped with, and trains of less
shall carry, a crew consisting of not less than one engineer, one than 40 cars*
fireman, one conductor, one flagman, and one brakeman.
Sec. 5. A freight train composed of forty or more cars, when Forty cars or
operated outside of the yard limits, shall be equipped with, and more,
shall carry, a crew consisting# of not less than one engineer, one
fireman, one conductor, one flagman, and two brakemen.
Sec. 6. All local freight trains, doing any switching, or unload- Local freight
ing any freight of whatever nature, shall be equipped with, and trains,
shall carry, a crew consisting of six persons, to wit: one conductor,
one engineer, one fireman, two brakemen, and one flagman.
Sec. 7. All trains other than those described in the preceding Other trains
portions of this act, when operated outside of the yard limits,
shall be equipped with, and shall carry, a crew consisting of not
less than one engineer, one fireman, one conductor, one flagman,
and one brakeman.
Sec. 8. All flagmen mentioned in the preceding sections shall Flagmen,
have had at least one year’s experience as brakemen.
Sec. 9. All engines used in switching or placing cars within the S w i t c h i n g
limits of any railroad yard shall be equipped with and shall carry crewa crew of not less than one engineer and one fireman.
Sec. 10. From and after the taking effect of this act, it shall be Full crew re
unlawful for any railroad company, or for the receiver o f any quired.
such company, to run upon or over any line o f railroad, or any
part thereof, within the State o f Arizona, any train, locomotive,
or engine, which is not equipped with, or does not carry, for use
in its operation, a full crew as herein fixed and prescribed; and
each and every railroad company or receiver that, after the taking
effect of this act, shall run upon or over any line of railroad or
any part thereof, within the State o f Arizona, any train, locomo
tive, or engine, which is not equipped with, or does not carry,
for use in its operation a full crew as herein fixed and prescribed,
shall be liable to the State o f Arizona for a penalty o f not less
than one hundred dollars ($100) for every such offense.
Sec. 11. All suits for penalties under this act shall be brought Suits,
and prosecuted to judgment in the name of the State of Arizona,
as plaintiff, in a court o f competent jurisdiction in the county of
Maricopa, or in any county in said State into or through which
the defendant’s line or railroad may be operated; and such suits
shall be brought and prosecuted by the attorney general, or under
his direction, or by the county attorney of such county.
40
BULLETIN OF THE BUREAU OF LABOR.
Exemptions.
Sec. 12. Nothing contained in this act shall apply to relief or
wrecking trains in any case where a sufficient number of men are
not immediately available to comply with the provisions o f this
act; or to any railroad less than forty miles long, including all
of its operated lines; or to cases where trains have been sent out
or started at the last division point with the requisite number of
employees, but, owing solely to the disability or the refusal
further to act of some one or more of such employees, the train is
left with less than a full crew : Provided, also, That no baggagemaster shall be required in the operation o f a train upon which
baggage is not carried.
Approved May 7, 1912.
C hapter 18.—Foremen, etc., accepting fees for employment of
labor,
f e ^ eCe tc P tfop
bidden.
”
S ection 1. It shall be and is hereby made unlawful for any
manager, superintendent, officer, agent, servant, foreman, shift
boss, or other employee o f any person or corporation, charged or
intrusted with the employment o f any workmen or laborers, or
with the continuance of workmen or laborers in employment, to
demand or receive, either directly or indirectly, from any work
man or laborer, employed through his agency, or worked or con
tinued in employment under his direction or control, any fee,
commission, or gratuity of any kind or nature as the price or
condition o f the employment o f any such workman or laborer,
or as the price or condition o f his continuance in such employ
ment ; and any such manager, superintendent, officer, agent,
servant, foreman, shift boss, or other employee o f any person or
corporation, charged or intrusted with the employment o f 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 o f 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 o f the employment o f such workman or
laborer or as the price and condition o f the continuance o f such
workman or laborer in such employment, shall be guilty o f a mis
demeanor, and upon conviction therefor, shall be punished by a
fine o f not less than fifty dollars ($50) and not exceeding three
hundred dollars ($300), or by imprisonment not exceeding six
(6) months, or both such fine and imprisonment, in the discretion
o f the court trying the charge.
Approved May 8, 1912.
C hapter 26.—Hours of labor of certain employees at mines and
furnaces.
Chapter 18 o f the Session Laws of * * * Arizona * * *
approved March 10, 1909, is hereby amended to read as follow s:
E igh t-h o up
S ection 1. The period of employment of hoisting engineers at
y*
the mines in this State, and furnace men at the smelters in said
State, shall be eight (8) hours per day except in cases o f emerVioiations.
gency where life or property is in imminent danger.
Sec. 2. Any person, body corporate, agent, manager, or employee
who shall violate any of the provisions of sec. 1 of this act shall
be guilty of misdemeanor and on conviction therefor shall be fined
in the sum of not less than one hundred dollars ($100), nor more
than three hundred dollars ($300), for each offense, the same to
be collected as in other cases where fines are imposed.
Approved May 10, 1912.
C hapter 27.— Railroads—Headlights on locomotives.
Fifteen hun- S ection 1. It shall be the duty o f every railroad corporation,
pow e r n re - or receiyer or lessee thereof, operating any line of raiload [railroad]
quired.
in this State, within six months after the passage o f this act, or
LABOR LEGISLATION OF 1912----ARIZONA.
within such additional time as may be prescribed by order of the
corporation commission o f Arizona, after such railroad has made a
proper showing of its inability to comply, to equip all locomotive
engines, used in the transportation of trains over said railroad,
with electric headlights o f not less than fifteen hundred candlepower, measured without the aid o f a reflector: Provided, That
this act shall not apply to locomotive engines regularly used in the
switching o f cars or trains.
S ec . 2. Any railroad company, or receiver or lessee thereof,
doing business in the State o f Arizona, which shall violate the
provisions of this act, shall be liable to the State o f Arizona for
a penalty of not less than one hundred dollars ($100), nor more
than one thousand dollars ($1,000), for each offense; and suit
shall be brought to recover such penalty, in a court of competent
jurisdiction, in the name o f the State of Arizona, by the attorney
general or by the county attorney o f any county in or through
which said railroad may be operated.
Approved May 10, 1912.
41
Violations,
C h apter 28.—Horns of labor in dangerous employments—Mines,
smelters, etc.
S ection 1. Employment in all underground mines, underground
W h a t emworkings, open cut workings, open pit workings, in or about, and |erous6ntS
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.
S ec.2 (as amended by chapter 26, extra session o f 1912). The Cl as s es of
period of employment for all persons who are employed, occupied, emPloyment*
or engaged, in work or labor, o f any kind or nature, in under
ground mines, 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 o f any kind or nature,
open cut workings or open pit workings, for the purpose of tun
neling, making excavations, or to accomplish any other purpose
or design, or who are employed, engaged, or who work, in or
about, and in connection with, the operation of smelters, reduc
tion works, stamp mills, concentrating mills, chlorinating proc
esses, cyanide processes, cement works, rolling mills, rod mills,
Bight-hour
and at coke ovens and blast furnaces, shall not exceed eight (8)
hours within any twenty-four (24) hours, and the said eight (8)
y‘
hours shall include the time employed, occupied, or consumed, in
descending to and ascending from the point or place o f work in
any underground mine or underground workings, or the time em
ployed, occupied or consumed in leaving the surface of any tun
nel, open cut, or open pit workings, for the point or place o f work
therein, and in returning thereto from said point or place o f work,
and that it is the purpose and intent o f this act that the period of
time between leaving the surface of underground mines, under
ground workings, open cut workings, open pit workings, and tun
nels, for the point, or place of work and in returning thereto from
said point or place of work, shall not exceed eight (8) hours
within any twenty-four (24) hours: Provided, That in the case Provisos,
of emergency, where life or property is in imminent danger, the
period may be prolonged during the continuance of such emer
gency : And provided, further, That nothing in this act contained
shall be deemed to prevent a change in the hours o f employment
from one part o f the day to another at stated periods, nor to pre
vent the employment o f any of the persons mentioned in this
act for more than eight (8) hours during the day in which such
change is made: And provided, hoivever, That such change in the
hours of employment shall not occur more than once in any two
weeks.
42
V iola tion s.
BULLETIN OF THE BUREAU OF LABOR.
S e c . 3. Any person or persons, body corporate, general manager,
superintendent, or employer who shall violate any provision o f this
act, and any person, who, as foreman, manager, superintendent,
director or officer o f a corporation, or as employer or superior
officer of any person, shall command, persuade, or allow any
person to violate any provision o f this act, shall be guilty of a
misdemeanor, and upon conviction shall be punished by a fine o f
not less than two hundred and fifty dollars ($250) nor more than
five hundred dollars ($500) or by imprisonment not less than
three (3) months nor more than six (6) months. It shall be the
duty of the jury in each trial for a violation o f the provisions
o f this act in case of jury trial, to decide whether the punishment
shall be by fine or imprisonment, or by both fine and imprison
ment, and each day’s violation shall be a separate offense.
Approved May 11, 1912.
C h apter
30.—Railroads— Use of defective locomotives.
Leaking enS e c t i o n 1. No locomotive, from which steam escapes to such an
used8 DOt t0 be extent as to obstruct the view o f the men operating such locol1, *
motive, shall be used or permitted to be used in any yard or over
any railroad or portion o f a railroad, in this State: Provided,
That this act shall not apply to the result of accident between
terminals, until the engine reaches its destination.
V io la tio n s.
S e c . 2. Any person, firm, company, or corporation violating any
of the provisions o f this act shall be c’eemed guilty o f a misde
meanor, and upon conviction thereof shall be fined a sum o f not
less than one hundred dollars ($100) nor more than one thousand
dollars, ($1,000).
Approved May 13, 1912.
C hapter
32.—Employment of women and children.
S e c t i o n 1. No child under fourteen ( 1 4 ) years o f age shall be
employed, permitted, or suffered, to work in, about, or in connec
tion with, any mill, factory, workshop, mercantile establishment,
tenement-house manufactory or workshop, store, business office,
telegraph or telephone office, restaurant, bakery, barber shop,
apartment house, bootblack stand or parlor, or in the distribu
tion or transportation o f merchandise or messages.
Employment
S e c . 2. It shall be unlawful for any person, firm or corporation
during school to employ any child under fourteen (14) years o f age in any business or service whatever during the hours in which the public
schools of the district in which the child resides are in session.
Employments
Sec. 3. No child under the age of sixteen (16) years shall be
prohibited t o employed, permitted, or suffered, to work at any o f the following
children under 0CCUpati011s or in any 0f the following positions: Sewing machine
belts in any workshop or factory, or assisting in any capacity
whatever; adjusting any belt to any machinery; oiling, wiping,
or cleaning machinery, or assisting therein; operating or assisting
in operating circular or band saws, wood shapers, wood jointers,
planers, sandpaper or wood polishing machinery, picker machines,
machines used in picking wool, machines used in picking cotton,
machines used in picking hair, machines used in pickng any
upholstering material, paper lacing machines, leather burnishing
machines, burnishing machines in any tannery or leather manu
factory, jol) or cylinder printing presses operated, by power other
than foot i>ower, emery or polishing wheels used for polishing
metal, wood tuniing or boring machinery, stamping machines
used in sheet-metal and tin-ware manufacturing, stamping ma
chines in washer and nut factories, corrugating rolls such as are
used in roofing and washboard factories; steam boilers, steam
machinery or other steam-generating apparatus, dough brakes
or cracker machinery o f any description, wire or iron straighten
ing machiney, rolling mill machinery, punches, or shears; wash
ing, grinding or mixing mills; calendar [sic] rolls in rubber manu
facturing, laundering machinery.
Fourteeny ea r limit.
LABOR LEGISLATION OF 1912— ARIZONA.
43
Sec. 4. No child under the age of sixteen (16) years shall be Same subemployed, permitted, or suffered to work in any capacity in, about,3ec
or in connection with, the preparing of any composition in which
dangerous or poisonous acids are used, manufacture of paints,
colors, or white lead; dipping, drying, or packing matches; manu
facture of goods for immoral purposes; nor in, about, or in con
nection with any mine, coal breaker, quarry, smelter, ore reduction
works, laundry, tobacco warehouse, cigar factory, or other fac
tory where tobacco is manufactured or prepared, distillery,
brewery, or any other establishment where malt or alcoholic
liquors are manufactured, packed, wrapped, or bottled; hotel,
theater, concert hall, drug store, saloon, or place of amusement,
nor in operating any automobile, motor car or truck; nor in a
bowling alley, nor in any other employment declared by the State
board of health to be dangerous to lives or limbs, or injurious to
the health or morals of children under the age of sixteen (16).
S e c . 5. The State board of health may from time to time deterClassification
mine whether or not any particular trade, process o f manufac- ^ents”1 P
ture, or occupation, or any particular method o f carrying on such
trade, process o f manufacture, or occupation, is sufficiently dan
gerous to the lives or limbs, or injurious to the health or morals,
of minors under sixteen ( 1 6 ) years o f age employed therein to
justify their exclusion therefrom, and may prohibit their employ
ment therein.
S e c . 6 . Females shall not be employed, permitted, or suffered to
Females,
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 sec. 1 shall pro
vide suitable seats, chairs, or benches for the use o f the females
so employed, which shall be so placed as to be accessible to said
employees; and shall permit the use o f such seats, chairs, or
benches by them when they are not necessarily engaged in tho
active duties for which they are employed, and there shall be pro
vided at least two chairs to every three (3) females.
Sec. 7. No child under sixteen (16) years of age shall be em- Employment
ployed, permitted, or suffered, to work in, about, or in connec- certificates,
tion with, any place or establishment named in sec. 1 unless the
person, firm, or corporation employing such child procures and
keeps on file, and accessible to any school attendant officer or
inspector of factories, mercantile establishments, or mines, or
other authorized inspector, an employment certificate as herein
after prescribed; and keep two complete lists of all such children Lists,
employed therein, one on file and one conspicuously posted near
the principal entrance of the place or establishment in which such
children are employed.
S e c . 8. Inspectors of factories, mercantile establishments, or
in s p e ctio n o f
mines, and other authorized inspectors and school attendance offi-listscers, may require that the employment certificates and lists pro
vided for in this act shall be produced for their inspection.
S e c . 9 . On termination of employment o f a child whose employRe t ur n o f
ment certificate is on file, such certificate shall be forthwith sur- ce rtifica te ,
rendered by the employer to the person who issued the same.
Sec. 10. An employment certificate shall be issued only by the who i s s u e
county, city, or town, [sic] superintendent of schools of the county, certificates,
city, or town, wherein the applicant for such certificate resides, or by
a person authorized by him in writing, or, where there is no super
intendent of schools, by a person authorized by the school board:
Provided, That no member o f a school board or other person
authorized as aforesaid shall have authority to issue such certifi
cate for any child then in, or about to enter, such person’s own
employment or the employment o f a firm or corporation of which
he is a member, officer, or employee.
S e c . 1 1 . The person authorized to issue an employment certifiE vid en ce,
cate shall not issue such certificate until he has received, exam
ined, approved, and filed the following papers, duly executed.
(1)
The school record of such child properly filled out and
signed, as provided in this act.
44
BULLETIN OF THE BUREAU OF LABOR.
( 2 ) A passport or duly attested transcript of the certificate of
birth or baptism or other religious record, showing the date and
place o f birth o f such child, or
(3) The affidavit o f the parent or guardian or custodian of a
child (which shall be required and valid, however, only in case
no one o f the above-mentioned proofs is obtainable), showing the
place and date o f birth of such child. Said affidavit must be
taken before the officer issuing the employment certificate, who is
hereby authorized and required to administer such oath without
demanding or receiving any fee therefor.
E vid en ce o f
S e c . 1 2 . A duly attested transcript o f the birth certificate filed
age.
according to law with a registrar o f vital statistics or other officer
charged with the duty of recording births, shall be prima facie
evidence o f the age o f such child for the purposes of this act.
Child to ap- Sec. 13. No employment certificate shall be issued until the
pear in person, child in question has personally appeared before and had [sic] been
examined by the officer issuing the certificate, nor until such
officer, after making such examination, has signed and filed in
Literacy.
ilis office a statement that the child can read and legibly write
simple sentences in the English language, and that in his opinion
the child is fourteen (14) years o f age or upwards and has
reached normal development o f a child o f its age, and is in suffi
ciently sound health and physically able to perform the work
which it intends to do, which shall be stated.
Medical offi- In all cases such normal development, sound health, and
cer*
physical fitness shall be determined by a medical officer of the
board or department of health or by a physician appointed by the
school committee.
Contents of
Sec. 14. Every such employment certificate shall state the
certificate.
name, sex, the date and place of birth, of the child, and describe
the color of the hair and eyes, the height and weight and any dis
tinguishing facial marks of such child, and that the papers re
quired by the preceding section have been duly examined, ap
proved, and filed, and that the child named in such certificate has
appeared before the officer signing the certificate and has been
examined.
Every such certificate shall be signed, in the presence o f the
officer issuing the same, by the child in whose name it is issued.
It shall show the date of its issue.
School recSec. 15. The school record required by this act shall be signed
ordby the principal or chief executive officer of the school which
such child has attended, and shall be furnished on demand to a
child entitled thereto.
It shall contain a statement certifying that the child has regu
larly attended the public schools or schools equivalent thereto,
or a parochial or private school or schools, for not less than one
hundred and sixty (1G0) days during the year previous to his
arriving at the age of fourteen (14) years, or during the year
previous to applying for such school record, and is able to read
and legibly write simply [simple] sentences in the English lan
guage, and has received instruction equivalent to five yearly grades
in reading, spelling, writing, English grammar, and geography,
and is familiar with the fundamental operations of arithmetic
up to and including fractions.
Such school record shall also give the date of birth, the age, and
the residence of the child as shown on the records of the school,
and the name of its parent or guardian or custodian.
List to be
S ec. 16. The superintendent o f schools or other person authorforwarded.
ized to issue employment certificates shall transmit between the
first and tenth days of each month, to the office of the State
superintendent o f public instruction, upon blanks to be furnished
by him, a list of the names of the children to whom certificates
iiave been issued, and also a list of the names of the children to
whom certificates have been refused, together with the ground for
refusal. Such lists shall give the name of the prospective em
ployer and the nature of the occupation the child intends to
engage in.
45
LABOR LEGISLATION OF 1912— ARIZONA.
Sec. 17. Tlie State superintendent or other authorized inspector C h i l d r e n
or school attendance officer shall make demand on any employer Vacates
°ei
in or about whose place or establishment a child apparently
under the age of sixteen (16) years is employed, or permitted or
suffered to work, and whose employment certificate is not filed
as required by this act, that such employer shall either furnish
him, within ten (10) days, satisfactory evidence that such child
is in fact over sixteen (16) years of age, or shall cease to employ,
or permit or suffer such child to work in such factory.
The inspector o f factories or other authorized inspector, or the
school attendance officer, shall require from such employer the
same evidence o f age of such child as is required on the issuance
o f an employment certificate, and the employer furnishing such
evidence shall not be required to furnish any further evidence of
the age o f the child.
Sec. 18. No child under the age of eighteen (18) years shall be Chi l dren
employed, permitted or suffered to work in, about, or in connection imder 18.
with, blast furnaces, smelters, or ore reduction works, in the out
side erection and repair of electric wires, in the running or man
agement of elevators, lifts, or hoisting machines; in oiling hazard
ous and dangerous machinery in motion, at switch tending, gate
tending, track repairing, as brakeman, fireman, engineer, motorman, conductor upon any railroads, in or about establishments
where nitroglycerine, dynamite, dual in, guncotton, gunpowder or
other high or dangerous explosives are manufactured, compounded
or stored; nor in any other employment declared by the State
board of health to be dangerous to the lives or limbs or injurious
to the health or morals of children under the age of eighteen (18).
Sec. 19. The State board o f health may from time to time deter- classification
mine whether or not any particular trade, process o f manufacture, of e m p l o y or occupation, or any particular method of carrying on suchmjnts*
trade, process o f manufacture, or occupation, is sufficiently inju
rious to the lives or limbs or injurious to the health or morals of
minors under eighteen (18) years o f age employed therein to
justify their exclusion therefrom, and may prohibit their employ
ment therein.
Sec. 20. No female shall be employed, permitted or suffered to Females at
work in or about any mine, quarry or coal breaker.
mines.
Sec. 21. In incorporated cities and towns no person under the Night mesage of twenty-one (21) years shall be employed, or permitted to senger service,
work, as a messenger, for a telegraph or messenger company in the
distribution, transmission, or delivery of goods or messages before
5 o’clock in the morning or after 10 o’clock in the evening of any
day.
Sec. 22. No boy under the age of sixteen (16) years and no girl Hours of la
under the age of eighteen (18) years shall be employed, permit- Por
ted, or suffered, to work at any gainful occupation other than
domestic service or work on a farm more than forty-eight (48)
hours in any one (1) week, nor more than eight (8) hours in any
one (1) day; or before the hour of 7 o’clock in the morning or Night work,
after the hour of 7 o’clock in the evening. The presence of a child
in any establishment during working hours shall be prima facie
evidence of its employment therein.
S e c . 2 3 . Every employer shall post in a conspicuous place in
Schedule to
every room where any boy under the age o f sixteen (16) years o r be poste *
any girl under the age o f eighteen (18) years is employed, per
mitted, or suffered, to work, a printed notice stating the hours
required o f them each day o f the week, the hours o f commencing
and stopping work, and the hours when the time or times allowed
for dinner or for other meals begin and end. The printed form
o f such notice shall be furnished by the inspector of factories or
other authorized inspector, and the employment o f any minor for
a longer time in any day so stated or at any time other than as
stated in said printed notice shall be deemed a violation o f the
provisions o f this act.
Sec. 24. No male child under ten (10) and no female child street trades,
under sixteen (16) years of age shall in any city of the first or
?t
46
BULLETIN OF THE BUREAU OF LABOR.
second class, sell or expose or offer for sale newspapers, maga
zines, periodicals, or other merchandise in any street or public
place. No child shall work as a bootblack in any street or public
place unless he is over ten (10) years o f age.
Enforcement.
S ec. 25. Inspectors o f factories and other authorized inspectors
and school attendance officers may visit any place o f employment
mentioned in either sec. 1, 3, 4,18, 20, or 22, and ascertain whether
any minors are employed therein contrary to the provisions of
this a c t; and they shall report to the school authorities any cases
of children under sixteen years of age discharged for illegal em
ployment ; and school attendance officers shall also report the same
to the inspector of factories or other authorized inspector.
It shall be the duty o f factory and other duly authorized in
spectors and school attendance officers to make complaints for
offenses under this act and prosecute the same.
This shall not be construed as a limitation upon the right o f
other persons to make and prosecute such complaints.
Violations.
Kec. 26. Whoever employs any child, and whoever having under
his control as parent, guardian, or otherwise, any child, permits or
suffers such child to be employed or to work in violation o f any
of the provisions o f this act, shall for such offense be. fined not
less than five dollars ($5) nor more than two hundred dollars
($200), or be imprisoned for not less than ten (10) days nor more
than thirty (30) days, or both, in the discretion o f the court.
C o n tin u in g
S e c . 2 7 . Whoever continues to employ any child in violation o f
v io la tio n s.
any o f the provisions of this act, after being notified thereof by a
school attendance officer, or an inspector o f factories, or other
authorized inspector, shall for every day thereafter that such em
ployment continues be fined not less than five dollars ($5) nor
more than twenty dollars ($20).
Retaining
Sec. 28. Any person, firm or corporation retaining an employcertificates.
ment certificate in violation of sec. 9 of this act shall be fined not
less than five dollars ($5) nor more than fifty dollars ($50).
False stateSec. 29. Any person authorized to sign any certificate, affidavit,
ments.
01» paper called for by this act, who knowingly certifies to any
materially false statement therein, shall be fined not less than five
dollars ($5) nor more than one hundred dollars ($100).
F a i l u r e to
S ec. 30. A failure by an employer to produce to a school atproduce certifi- tendance or factory officer or authorized inspector any employca es*
ment certificate or list required by this act shall be prima facie
evidence o f the illegal employment o f any child whose employment
certificate is not produced or whose name is not so listed.
S a m e subS ec . 31. In case any employer shall fail to produce and deliver
ject
to a factory inspector or other authorized inspector or school at
tendance officer, within ten (10) days after demand made pur
suant to sec. 17 o f this act, the evidence o f age therein required,
and shall thereafter continue to employ such child or permit or
suffer such child to work in such place or establishment, proof of
the giving of such notice and of such failure to produce and file
such evidence shall be prima facie evidence o f the illegal employ
ment of such child in any prosecution brought therefor.
Ch
r ®n
S ec. 32. Any child working in or in connection with any o f the
formation?^ n establishments or places or in any of the occupations mentioned
in either sec. 1, 3, 4, 18, 20, or 22, who refuses to give to the
factory inspector or other authorized inspector or the school at
tendance officer his or her name, age, and place o f residence, shall
be forthwith conducted by the inspector or school attendance
officer before the judge of the juvenile court, or other proper
municipal or police authority, for examination and to be dealt
with according to law.
*faili T\} ei t0 Sec*
Any employer who fails to post the printed notice re
post sc ieau e. qUjre(j by sec. 23 o f this act in the manner herein specified shall
be fined not less than ten dollars ($10) nor more than fifty
dollars ($50).
sue Do f Wcertifi”
Sec*
Any superintendent of schools or other person issuing
cates.
employment certificates who fails to comply with the provisions
LABOR LEGISLATION OF 1912----ARIZONA,
47
o f this act shall be fined not less than five dollars ($5) nor more
than twenty-five dollars ($25).
S ec. 35. Every employer who fails to provide suitable seats, F a i l u r e to
chairs or benches, as provided in section 6 of this act, shall be provide seats,
fined not less than ten dollars ($10) nor more than fifty dollars
($50).
Sec. 36. Every employer who fails to procure and keep or [on] Failure to
file employment certificates or who fails to keep and post list, a s Procure and
provided in sec. 7 of this act, shall be fined not less than ten
dollars ($10) nor more than fifty dollars ($50).
Approved May 13, 1912.
C h a p t er 33.— Mine regulations—Inspector.
S ection 1. The terms of this act shall apply to all mines in the
Scope of law.
State of Arizona.
The term “ mine ” when used in this act shall include any and Definitions,
all parts of any mine within the State, and any mining plant or
equipment connected therewith, underground or on the surface,
which contributes, or may contribute, to the mining or handling
of ore, coal, or other metalliferous or nonmetalliferous mineral
product.
The term “ operator ” when used in this act shall mean the
person, firm, association, company, or corporation in immediate
possession of any mine, or mining claim, or accessories thereof,
as owner or lessee thereof, and as such, responsible for the man
agement and condition thereof.
The term “ inspector ” when used in this act, signifies the State
mine inspector; and the terms “ deputy ” and “ deputy inspector ”
mean a State deputy mine inspector.
The words “ excavations” and “ workings” when used in this
act, signify any or all parts of a mine excavated, or being exca
vated, including shafts, tunnels, entries, winzes, raises, stopes,
open cuts, and all working places, whether abandoned or in use.
S ec. 2. The office of State mine inspector for the State of Ari- office e r e zona is hereby created, in accordance with Article X IX o f theated.
constitution of the State of Arizona, the office to be filled bien
nially at the general election by the qualified electors o f the
State, except as to the first State mine inspector, who shall be
appointed by the governor, by and with the advice and consent o f
the senate, and who shall serve until his successor shall have been
elected at the first general election thereafter, and shall qualify.
Said mine inspector so elected, and all subsequent incumbents of
said office, shall be elected at general elections, and shall serve
for two years. The office of the mine inspector shall be at the
State capital.
S ec . 3. The State mine inspector shall be a qualified elector of Qualifications
the State and a resident thereof at least two years prior to his of lnsPector*
appointment or election, and not under thirty (30) years of age,
and shall have been practically engaged in, and acquainted with,
mines and mining in this State, and shall have had at least seven
(7) years’ experience in underground mining.
No person shall be appointed to the office of inspector or deputy
inspector, nor be qualified to hold the office of inspector, or deputy
inspector, while an employee, director, or officer, of any mining,
milling, or smelting company. The inspector and each deputy
must devote his entire time to the duties of his office; and it shall
be unlawful for the inspector, or any deputy, to be otherwise
employed by the State of Arizona, or to act directly or indirectly
for or on behalf o f any candidate for public office, or receive com
pensation either directly or indirectly from any candidate for publice office, or from any political party in the State, during the term
of office of such inspector, or deputy inspector.
Sec. 4. Failure to observe the provisions of this act shall render Removal
the inspector liable to immediate removal from office without furomce.
ther cause shown; and such failure shall render any deputy in
48
BULLETIN OF THE BUKEAU OF LABOR.
spector liable to immediate removal by the mine inspector, or as
provided by law, without further cause shown.
Sec. 5. The State mine inspector shall receive, as full compensa
tion for his services, a salary payable at the rate of three thousand
dollars ($3,000) per annum, and his necessary traveling expenses
when traveling in the dischage [discharge] o f official duties, not
to exceed fourteen hundred dollars ($1,400) per annum, and all
necessary expenses for clerk hire, postage, stationery, printing,
and office expenses, not to exceed fourteen hundred dollars
($1,400) per annum, and such compensation and expenses shall be
paid as the salary and expenses o f other State officers are paid.
Bond.
The mine inspector, before entering upon the discharge o f his
duties, shall file an official bond in the sum of five thousand dol
lars ($5,000), conditioned for the faihtful [faithful] performance
of the duties of his office, in form and manner as other official
bonds o f State officers.
Deputy
in
Sec. 6. The State mine inspector is hereby authorized and
spectors.
directed, forthwith, after entering upon the duties of his office,
to appoint three deputy mine inspectors. They shall hold office
during the term of the State mine inspector appointing them,
unless sooner removed by him, or as provided in this act, or
otherwise by law.
Deputy mine inspectors shall have the same qualifications as
the mine inspector, and shall be subject to the same penalties for
violation of their duties, and the provisions o f this act, as the
State mine inspector.
Salary, etc.
S e c . 7. Each deputy inspector shall receive a salary payable at
the rate of eighteen hundred dollars ($1,800) per annum, which
shall be compensation in full, for all services, and his necessary
traveling expenses, not to exceed fourteen hundred dollars ($1,400)
per annum, to be audited and allowed as other expenses o f State
officers.
Before entering upon his duties as such deputy he shall file an
official bond in the sum of twenty-five hundred dollars ($2,500),
conditioned the same as the bond o f the mine inspector.
Reports con
Sec. 8. No inspector, or his deputy, or any employee thereof,
fidential.
shall, for any purpose whatever, make a report on any mine or
mining property or prospect, except an official report to his supe
rior officer, or to the governor; nor shall he make public or reveal
to any person any knowledge or information obtained by him in
the exercise of his official duties concerning ore, ore bodies, or
values, of any mine or part thereof.
An inspector, or his deputy, or any employee thereof, who vio
lates any of the provisions o f this section, or o f his oath, shall be
dismissed from his office.
Seal.
Sec. 9. The mine inspector shall have a seal bearing the words:
“ Mine Inspector, State of Arizona,” which shall be kept by him
exclusively for the use of his office, and said seal shall be affixed
to official documents only.
Inspections.
Sec. 10. It shall be the duty o f the mine inspector, by himself
or by deputy, to visit, at least once every three months, every
mine in this State employing fifty or more men underground,
and every other working mine employing six or more men, at least
once every year, and oftener, if in his opinion the safety o f the
men employed in the mine so require [ s ] ; and to inspect, investi
gate, inquire, and examine into, the operation, workings, timbering,
safety appliances, machinery, sanitation, ventilation, means of
ingress and egress, means taken to protect the lives and insure
the safety o f the miners, together with the cause o f accidents and
accidental deaths therein, and in general to inspect and ascertain
what means are taken to comply with the provisions o f this act.
For the purpose of making such inspection and ascertaining facts
in connection with such investigation, examination, and inquiry,
the inspector, or his deputy, shall have full power and authority,
upon exhibition of his certificate o f appointment or election, at all
hours to enter and examine any part o f any mine, and to visit,
investigate, and examine any plant or equipment connected thereSalary,
etc.
LABOR LEGISLATION OF 1912----ARIZONA.
49
with, within this State, or any part of the workings thereof. All
operators and their employees shall render to the inspector, or
his deputy, such assistance as may be necessary to enable the in
spector, or his deputy, to make such examination.
Sec. 11. I f upon examination or inspection it shall appear to coiSftions r°US
the mine inspector, or a deputy thereof, that a mine, or part
thereof, is, from any cause, in a dangerous condition, or fails to
comply with the provisions of this act, he shall at once notify
the operator, or his agent in charge thereof, such notice to be in
writing and to be served by copy upon the operator, or his agent
in charge. Said notice shall state in detail in what particular said
mine or part thereof is deemed dangerous, insecure, or not in com
pliance with the provisions o f this act, and shall state what
necessary changes should be made to provide safety for employees,
or other compliance to be made, and provide reasonable specified
time within which to make same; and the operator o f said mine
shall forthwith make such change or compliance in accordance
with said mine inspectors or deputy’s requirements.
In case of any civil or criminal procedure at law against th e . A c * ions at
party or parties so notified, on account o f loss o f life or bodily w"
injuries sustained by am [an] employee subsequent to such notice,
and in consequence o f said dangerous condition, a certified copy
of the notice served by the inspector shall be prima facie evidence
o f the negligence o f said party or parties.
I f it appears from a re-examination o f the mine by the inspector, R e e x a m i *
or a deputy inspector, that such changes or compliances have n o tnationsbeen made within the time specified in such notice, and that the
mine or part of such mine is still in a condition dangerous to the
life or health, and in the opinion o f the inspector it is necessary
for the safety of the life or health o f the employees in such mine
or a part o f the mine, that the same be vacated, it shall be the
duty of the inspector forthwith to order the cessation o f the opera
tion and working o f said mine or part of mine, and to order that
the employees shall not be permitted therein for purposes other
than to remedy the defects complained of, until the provisions
of this act are complied with to the satisfaction of the mine in
spector or his deputy, and the said mine, or part o f the mine,
made safe for the employees therein. The operator o f said mine
shall forthwith obey said order.
Sec. 12. Whenever the inspector receives a complaint in writComplaints,
ing, signed by one or more persons employed in a mine, setting
forth that the mine or part thereof in which he or they are work
ing is being operated contrary to law, or is dangerous in any
respect to the health or lives of those employed therein, the in
spector must in person, or by deputy, examine such mine as soon
as possible. The names of the persons making such complaint
shall be kept secret by the inspector, unless permission to disclose
them be expresly granted by the persons making the complaint.
Such complaint shall, in all cases, set forth the nature o f the
danger existing at the mine, and the time when such danger was
first observed. I f after such inspection, the inspector finds the
conditions, in his opinion, dangerous to the health or lives of
those employed therein, he forth fully [sic] the facts, npon the
operator or any person having charge of such mine, and shall order
the operator of said mine or mine [sic] to remove such dangerous
or harmful conditions; and the operator o f said mine shall obey
such order.
It shall be the duty of the inspector or any deputy to forward
every such original complaint, so received, to the office o f the
mine inspector, where it shall be indexed and filed among the
official papers o f the mine inspector.
Sec. 13. Whenever loss o f life or serious accident shall occur Accidents to
in any mine within this State, the owner, agent, manager, or op- be reP°rted.
era tor, having charge o f operating such mine, shall give notice
immediately, in the quickest possible manner, and report the facts
thereof in writing to the office of the mine inspector. The re
fusal or failure of said owner, agent, manager, or operator to so
70244°— Bull. 111— 13------ 4
50
BULLETIN OF THE BUREAU OF LABOR.
investigation, report shall be deemed a misdemeanor.
The mine inspector, upon
receipt o f notice o f such accident, shall investigate the same and
make, or cause to be made, a report which shall be filed in his
office for future reference. In case o f loss o f life, said mine in
spector shall, personally or by regularly appointed or special
deputy, appear at the coroner’s inquest held respecting such acci
dent, and may examine or cross-examine witnesses relative to the
same, for the purpose o f ascertaining the cause o f such accident,
and for his information in filing report concerning the same. If
after making such investigation the inspector considers the facts
warrant it, it shall be the duty o f such inspector to cause a copy
of the report of such accident, 01* a copy of the testimony taken at
the coroner’s inquest, together with the verdict o f the coroner’s
jury, and all papers in his hands relating thereto, to be forwarded
to the prosecuting officer of the county in which the accident or
loss o f life occurred, together with an accompanying statement of
the inspector, showing in what particular or particulars he be
lieves the law to have been violated, and if upon the receipt
thereof, the prosecuting officer o f the said county deems the facts
sufficient to make a prima facie case of criminal action against
any person or persons, he shall present such evidence to the grand
jury, or take such steps, for the criminal prosecution of such
operator, employees, or other persons, as may seem advisable.
Violations.
Sec. 14. I f any operator shall violate any o f the provisions o f
secs. 10, 11, or 12 o f this act, he shall be deemed guilty o f a mis
demeanor and, upon conviction thereof, shall be punished by a
fine o f not less than one hundred dollars ($100) and not to ex
ceed five hundred dollars ($500), or imprisonment in the county
jail not to exceed one year, or both such fine and imprisonment.
Record of inSec. 15. It shall be the duty of the inspector, or any deputy,
spection.
after inspection made o f any mine or part o f any mine, as pro
vided in this act, to enter forthwith in a book to be kept at the
mine, and designated as the “ Record of Inspection ” , the portion
of the mine so inspected, the nature o f such inspection, and every
dangerous defect observed in the state and conditions o f the mine,
machinery, and appliances; but nothing contained in or omitted
form [from] such entry shall limit or affect the duty and obligation
of the owner or operator of such mine under this act. Such “ record
o f inspection ” shall be open at all reasonable times to the exam
ination of the inspector, or any o f his deputies, and to the exami
nation o f any operator or person following the occupation of
mining.
Reports.
Sec. 16. It shall be the duty of the mine inspector on the 31st
day of December in each year to make and file with the governor
a report giving a statistical summary and report of the work of
the mine inspector and deputy mine inspectors during the year
ending November 30th. Such report shall contain a statement
showing the number o f men employed in each mine in the State,
and, separately, the number o f men employed above ground and
underground, the number and nature o f fatal and serious acci
dents occurring in each mine, the number o f inspections made,
complaints filed, inquests attended, mines or mine workings or
dered to be vacated, violations found, and any other information
of law deemed important and relevant by the mine inspector, to
gether with such recommendations as in the judgment o f the
mine inspector are necessary or desirable to the carrying out of
this act and to insure the safety o f the workmen employed in
mines. Copies o f such reports shall be published and distributed
by and at the expense of the State as a public document.
P r o v is io n s
Sec. 17. It shall be the duty o f the mine operator, superinfor accidents, tendent, or any one in charge o f a mine, where ten or more men
are employed, to keep at the mouth o f the tunnel, shaft, or stope,
or at such other place about the mine as may be designated by
the mine inspector, a stretcher and a woolen and water-proof
blanket, in good condition, for use in carrying any person who
may be injured at the mine. Where more than one hundred (100)
persons are employed two or more stretchers with woolen and
LABOR LEGISLATION OF 1912— ARIZONA.
51
waterproof blankets shall be kept, and at all mines a supply of
first aid remedies shall be kept readily accessible for the treat
ment of any one injured: Provided, That in all mines where three
hundred (300) or more men are employed, a first aid corps must
be organized, consisting o f the foreman or foremen, shift bosses,
timekeepers, and other employees, designated by the operator or
superintendent o f the mine to cause the organization o f such;
and to procure the services of a competent surgeon and physician
to instruct the members o f such first aid corps from time to time,
not less than once in each calendar month, in the proper handling
and treatment o f injured persons before the arrival o f a physician.
S e c . 18. When considered necessary by the mine inspector, and
Maps,
so ordered by him, the operator o f every mine employing ten or
more men underground, shall make and maintain, or cause to be
made and maintained, a reasonably accurate map of the work
ings o f such mine. At least once in every six months, or oftener,
if necessary, the operator or engineer o f such mine shall cause
to be shown with reasonable accuracy on the map o f said mine,
all the excavations made therein during the time elapsed since
such excavations were last shown on said map, and all parts of
said mine, which were worked or abandoned during said elapsed
period of time, shall be clearly indicated on said map, and all
underground workings shall be surveyed and mapped before
they are allowed to become inaccessible. Such maps shall, at all
times, be open to the examination o f the mine inspector or o f his
deputies.
S e c . 1 9 . (a ) All explosives must be stored in a magazine proS torage, etc.,
vided for that purpose alone; said magazine to be placed f a r of exPlosivesenough from the working shaft, tunnel, or incline to insure the
same remaining intact in the event the entire stock o f explosives
in said magazine be exploded; no powder or other explosives shall
be stored in underground workings where men are employed; all
explosives in excess o f the amount required for twenty-four hours
work must be kept in said magazine: And provided, further,
That such temporary supply shall not be kept at any place within
such mine where its accidental discharge would cut off the es
cape o f miners working therein. Each mine or operator shall
provide a suitable device for thawing or warming powder and
keeping the same in condition for use, and no powder shall be
thawed except in such device; oils or other combustible sub
stances or blasting caps shall not be kept or stored in the same
magazine with explosives. All nitroglycerine, nitro or blasting
powder, or other high explosives sold in the State o f Arizona,
shall be properly marked with the date of manufacture on each
stick of powder, and no nitroglycerine, nitro or blasting powder,
or other high explosives shall be sold or used after twelve months
from date of manufacture.
(b) The mine inspector shall have the authority to regulate
and limit the amount o f blasting or nitro powder or other high
explosives stored or kept in general supply stores in mining
camps or mining towns where there is no law governing the
storage o f same.
(c) No person shall, whether working for himself or in the L o a d i n g
employ of any person, company, or corporation, while loading o r ll0lescharging a hole with any blasting powder or other high explosive,
use or employ any steel or iron tamping b a r; nor shall any mine
manager, superintendent, foreman, shift boss, or other person
having the management or direction of mine labor, allow or
permit the use of such steel, iron, or other metal tamping bar by
employees under his management or direction.
(d) Every person, company, or corporation manufacturing, Records o f
storing, selling, transferring, dealing in, or in any manner dis- sales, etc.
posing of any powder, gunpowder, giant or hercules powder.
giant caps, or other highly explosive substances, shall keep in a
book for that purpose an accurate record of all transactions, with
the date thereof, relating to the receiving and disposing o f the
same, which record shall show the amount of each such explosive
52
BULLETIN OF THE BUREAU OF LABOR.
received, of whom received, when received, disposition made of
such explosive, with the amount thereof, and the name of the
person to whom delivery of the same was made, who shall be
required to receipt therefor. Such record shall at all times be
open to the inspection of the State mine inspector, or any peace
officer.
F ir in g sliots.
(e)
Before firing charges warning must be given in every direc
tion from which access may be had to the place where blasting is
going on, and misfire holes shall be reported to the mine foreman
or the shift boss, in charge of the locality o f such holes. I f the
shots are fired by electricity, the place must be carefully exam
ined before men are permitted to work therein. The miner in
charge shall further instruct those employed in clearing away
the loose rock to report to him immediately the finding o f any
wires in or under the loose rock, and in the event o f such being
discovered, he shall at once order the work to cease until the wires
have been carefully traced to their terminals in order to deter
mine whether a misfire has occurred.
F ire p ro te c
S ec. 20. All mines having but one exit, and the same covered
tion .
with a building containing the mechanical plant, furnace room
or blacksmith shop, shall have fire protection, water if possible,
and in mines where water is not available, chemical fire extin
guishers or hand grenades shall be kept in convenient places for
immediate use.
E s c ap em en t
S ec . 21. It is hereby made the duty o f every person, company,
s h a fts.
or corporation, who shall have on any mine a vertical shaft or
incline to a greater depth than one hundred ( 10 0 ) feet, and who
shall have drifted on or along the vein or veins a distance of two
hundred ( 200 ) feet or more and shall have commenced to stope,
to provide and maintain to the hoisting shaft or the opening
through which men are let into or out o f the mine and the ore is
extracted, a separate escapement shaft, raise, or opening, or an
underground opening or communication with some other con
tiguous mine: Provided, That in case such contiguous mine belongs
to a different person, company, or corporation, the right to use
the outlet through such contiguous mine, in all cases when neces
sary or in case o f accident, must be secured and kept in force.
Where such an escapement shaft or opening shall not be in exist
ence at the time that stoping is commenced, work upon such
an escapement shaft or opening must be commenced as soon
as stoping begins and be diligently prosecuted until same is com
pleted, and said escapement shaft, raise, or opening shall be
continued to and connected with the lowest workings in the mine.
The exit, escapement shaft, raise, or opening, provided for in this
section must be o f sufficient size to afford an easy passageway,
and if it be a raise, or shaft, must be provided with substantial
ladders from the deepest workings to the surface. Whenever the
exit or outlet herein provided for is not in a direct or continuous
course, signboards plainly marked showing the direction to be
taken must be placed at each departure from the continuous
course.
H o is tin g en
Sec. 22. (a) No person addicted to the use of intoxicating
gin eers.
liquors or drugs, or under eighteen years of age, shall be employed
as a hoisting engineer.
M a ch in ery.
(b) All hoisting machinery using steam, electricity, air, gaso
line, or hydraulic motive power, for the purpose o f hoisting from
or lowering into mines, employees and materials, except prospect
shafts not exceeding three hundred (300) feet in depth, shall be
equipped with an indicator, said indicator to be placed near to
and in clear view or hearing o f the engineer. This indicator
must be in addition to marks on the rope, or cable, or drum.
(c) It shall be unlawful to hoist men out of, or lower men into,
a mine at a speed greater than eight hundred (800) feet per
minute. When it is shown that in running his engine at a greater
speed then [than] eight hundred (800) feet per minute, the engi
neer has violated the orders of his employers, the engineer is sub
ject to penalty.
LABOR LEGISLATION OF 1912----ARIZONA.
53
(d) All hoisting machinery must be inspected once in every
twenty-four hours by a competent person appointed by the mine
manager or superintendent for that purpose, and such inspector
shall immediately report in writing to said manager or superin
tendent any and all defects found.
(e) All ropes or cables used for hoisting purposes shall be of
approved quality and manufacture; and in shafts and winzes of
over two hundred ( 200 ) feet in depth wire ropes or cables only
shall be used for hoisting purposes.
(f ) All head frames where men are hoisted at a speed o f over
two hundred and fifty (250) feet per minute, and where more
than twenty-five (25) men are employed, shall be so constructed
as to allow at least twenty-five (25) feet above the hoist landing
stage, in which the cage, skip, or bucket can travel freely in case
o f an overwind. The mine inspector may grant permission for
the use of any head frame erected previous to the enactment of
this law, which does not comply with the above conditions.
(g) It shall be unlawful for the operator o f any mine to permit Safety cages,
the hoisting or lowering o f men in any shaft deeper than three
hundred (300) feet, unless an iron-bonneted safety cage equipped
with gates at least five feet in height to be used for the hoisting
and lowering o f such men; but this provision shall not apply to
shafts in process o f sinking; every cage must have overhead bars
o f such arrangement as to give every man on the cage an easy
and secure handhold. Every cage or skip used for hoisting men
must be provided with a safety catch o f sufficient strength to hold
the cage or skip with its maximum load at any point in the shaft
in the event that the hoisting cable should break. The inspector,
or his deputy, must see that all cages and skips are equipped in
compliance with this paragraph, and that on all cages the safety
catches are kept well oiled and in good working condition. In
any shaft o f less than three hundred (300) feet depth where no
safety cage is used, and where crosshead or crossheads are used,
platforms for employees to ride upon, equipped with safety catches
as for cages and skips herein provided, shall be provided.
(h) All vertical shafts more than two hundred (200) feet deep G u i d e s in
from which hoisting is done by means of a bucket must be pro-shafts,
vided with suitable guides, and in connection with the bucket
there must be a crosshead traveling upon these guides. The
height of the crosshead shall be at least one and one-half times
i's width. I f the crosshead be a type that is not secured to the
hoisting rope, a stopper o f design to be approved by the mine in
spector must be securely and rigidly fastened to the hoisting rope
at a suitable point above the rim o f the bucket.
(i) The number o f persons permitted to ride on the deck o f a N u m b e r o f
case [’ ] in or on a skip, or bucket, shall be determined by the mine “ 0fs{1ed t ° b e
inspector, and in no case shall more than the number o f men per
mitted by the mine inspector be allowed to ride on the deck of
such cage or in or on such skip or bucket. No person shall ride
upon a cage or in or on a skip or bucket when loaded with rock
or ore.
( j ) When tools, timber, or other materials are to be loaded or H o i s t i n g
hoisted in the shaft, the ends, if projecting above the top o f the tools»etcbucket, skip, or other vehicle, shall be securely fastened to the
hoisting rope or to the upper part o f the vehicle, and tools, tim
ber, or other material loaded erectly upon a cage must be securely
lashed before being hoisted or carried.
(k ) No person shall ride upon any cage, skip, or bucket, that
is loaded with tools, timber, powder, or other material, except
for the purpose o f assisting in passing these through the shaft.
(1) In no case shall a cage, skip, or bucket, or other vehicle, S i g n a l rebe lowered directly to the bottom o f a shaft when men are w ork-quired'
ing there, but must be stopped at least fifteen (15) feet above the
bottom until the signal to lower further has been given by one of
the men at the bottom o f the shaft. This rule shall not apply to
shafts less than fifty feet in depth.
54
BULLETIN OP THE BUREAU OF LABOR.
(m ) Persons engaged in deepening a shaft in which regular
hoisting from any upper level is going on shall be protected from
the danger of falling material by a suitable covering, sufficient
opening in the covering only being left for the passage of the
bucket or other conveyance used in the sinking operations.
B ulkh ea d s to
(n) In shafts, winzes, or raises, where two or more crews of
be used, w hen. men are working one crew above another, there shall be a bulk
head between each two crews o f men, strong enough to stop any
tools or other material that may fall from the men working above,
and only the cage, skip, or bucket compartment be left open.
(o)
All shafts or winzes shall have a bulkhead over the men
working in the bottom o f the shaft or winze. Said bulkhead
shall be built o f timber not less than six inches in thickness, and
said bulkhead shall be not more than fifty feet above the bottom
of said shaft or winze, and provide ample protection for the men
working in the bottom o f said shaft or winze, and shall be so con
structed as not to shut off the air circulation, the cage, skip, or
bucket compartment only to be left open. All shafts or winzes
shall be cleaned down below the bulkhead after each blasting.
W in d lasses.
(p) Windlasses and whims in use at or in mines shall be pro
vided with a suitable plug or some other reliable device to prevent
running back of the bucket or other conveyance.
Hooks.
(q) No open hook shall be used with a bucket in hoisting, but
only some approved form of safety hook or shackle hook.
Signals.
(r ) A release signal of one bell to the hoisting engineer shall be
given to release the cage, skip, or bucket after it has been stopped
at any station, to obviate the danger o f movement o f such cage,
skip, or bucket to any other station or point in shaft.
Hoist man.
(s) At any mine where men are hoisted by mechanical means, a
hoist man charged with the hoisting thereof shall be kept on duty
at the hoist at all times when men are underground.
Outlets
Sec. 23. (a ) Every mine shall have at least two outlets to the
surface, except as hereinbefore provided. Such outlets must not
lead to the surface in one and the same house, and must not at
any point be nearer to one another than thirty (30) feet. In the
event that two outlets o f any mine, or part o f them, do not belong
to the same mine, the owners and operators o f the respective
mines shall be responsible for the outlet, or part o f it, in their
respective mines, being kept in proper repair; and should any
obstruction arise in any such outlet, or anything occur in one of
the mines to jeopardize the safety o f the outlet, the occurrence
shall be immediately reported to the owner, manager, or super
intendent o f the other mine or mines. I f either o f the two outlets
or part o f them, be situated in an abandoned mine or mines, the
operators o f the working mine or mines shall be jointly and sever
ally responsible for the proper maintenance and repair of such
outlet or outlets.
Divided
(b ) At every mine where a single shaft be allowed to afford the
shafts.
on]y means of ingress and egress to the persons employed under
ground, such shaft if more than two hundred ( 200 ) feet deep shall
be divided into at least two compartments, and one o f the com
partments shall be set aside for a ladderway, which must be
equipped as hereinafter provided. Whenever such a single shaft
be covered by a building not absolutely fireproof, the ladderway
shall be securely bulkheaded at a point at least twenty-five (25)
feet below the collar of the shaft, and below this bulkhead, if the
shaft is situated upon a side hill, a drift shall be driven to the
surface; if the shaft be situated in a level country, this drift shall
be driven to a safe distance beyond the walls of the building, but
in no case less than thirty feet, and from there a raise shall be
made to the surface. This raise shall be equipped with a ladder
way, and it, together with the drift connecting with the main shaft,
shall be kept in good repair and shall afford a safe escape in the
event of fire.
S tru ctu res a t
(c) After the enactment o f this law, no structure shall be
ou tlets.
erected over an outlet o f a mine, except the headframe necessary
for hoisting from a shaft and the hatch or door necessary for hoistP ro te ctio n .
LABOR LEGISLATION OF 1912----ARIZONA.
55
ing from a shaft and the hatch or door quired [required] to protect,
from inclemency of the weather, men obliged to work at the top
o f a shaft. I f for the latter purpose a house be required, the mine
inspector may, in writing, grant permission for its construction,
but such a house must be as small as possible, must be constructed
o f uninflammable material, and the storage of any inflammable ma
terial inside of it, or within thirty feet o f it, is prohibited. In the
case o f existing houses covering the mouths of shafts and adits, no
inflammable material shall be stored inside o f them; nor outside
of them within a distance o f thirty feet from the exterior walls o f
the house.
(d ) Every adit o f which the mouth is covered by a house or
building of any kind shall be provided with a fire-proof door, near
the mouth o f the adit, that can be closed from outside of the build
ing by means o f a pull wire or cable, so as to keep the gases of
combustion from entering the mine in the event that fire destroys
the building at the mouth o f the adit.
(e) Every shaft, winze, raise, or incline, o f steeper slope than Ladderways.
forty degrees from the horizontal and deeper than forty feet,
through which men are obliged to travel, shall be provided with a
ladderway. Suitable ladders, or footways, shall be provided to
connect floors o f sets in stopes, and other places requiring com
munication in a mine. Every shaft shall have, in addition to any
mechanical means o f ingress and egress, at least one proper ladder
or foot way communicating from the lowest workings of the mine
to the surface.
(f ) Permanent ladderways, used for the ascent or descent of
persons in the mine shall be sufficiently strong for the purpose de
manded, and shall be firmly fastened and kept in good repair. In
a vertical shaft the mine inspector may, in his own descretion [sic]
by an order in writing, direct that the ladder shall be inclined at
the most convenient angle which the space in which the ladder is
fixed allows, and every such ladder shall have substantial plat
forms at intervals o f not more than twenty feet.
The said platform shall be closely covered, with the exception
of an opening large enough to permit the passage o f a men [sic!
and shall be so arranged that by no means could a person fall from
one ladder through the opening to the next ladder.
(g) Ladderways shall be provided in all shafts in the course o f
sinking to within such distance from the bottom as will secure
them from damage by blasting, but from the end o f such ladder
ways, portable ladders shall be extended to the bottom o f the
shaft.
(h) All stations or levels shall have a passageway around the ways around
working shaft so that crossing over the hoisting compartments shafts, etc.
may be avoided. All sumps shall be securely planked over. At
all shaft stations a gate or a guard rail must be provided and kept
in place across the shaft, except when cage, skip, or bucket is
being loaded, but this prohibition shall not forbid the temporary
removal of the gate or rail for the purpose o f repairs or other
operations, if proper precaution to prevent danger to persons
is taken.
(i) The top o f every mining shaft shall be protected by a sub- E n tra n ces to
stantial gate, guardrail, or chain.
he gu arded.
( j ) Winzes or raises shall not be started in the direct line o f a
drift, but shall be offset from the drift. And every winze or raise
now opening from below directly on any drift or tunnel, traveled
by men, shall be covered with a grizzly or by doors.
(k) The opening o f such offset winze shall be protected by a
fence or guardrail not less than three feet nor more than four
feet in height above the level o f the drift.
(1)
Existing winzes, sumps, and all other openings in the floor
o f a drift or stope must be kept covered by a substantial hatch,
or planking, or provided with guardrails.
Sec. 24. An adequate amount of pure air shall be made to circu- A i r to he
late through and into the shafts, winzes, levels, and other working pure,
places of every mine, in such quantity as will maintain the same
56
BULLETIN OF THE BUREAU OF LABOR.
in a fit state for working and passing therein, and where necessary
an adequate spraying system shall be installed and used to settle
dust or gases. The total quantity o f carbon dioxide present in
the air shall not exceed 0.25 per cent by volume, except that at
any place where firing of explosives has been done a higher per
centage o f carbon dioxide shall be permissable [sic] for a reason
able length o f time after the last explosion, and the operator shall
provide respirators whenever needed. Waste timber in under
ground workings shall not be piled up and permitted to decay,
but shall be removed as soon as practicable.
Lights.
S e c . 25. (a) Stationary lights, deemed sufficient by the mine
inspector or deputy thereof, shall be provided during working
hours at all stations in vertical and inclined shafts during the
lime while in actual use; and also at all stations in levels where
hoisting or hauling is effected by means of machinery; and also
at night at all working places on the surface.
(b) No candles shall be left burning in a mine, or any part o f
a mine, when the person using the candle departs from his work
for the day.
Aecum uiaS e c . 26. (a) When advancing a drift, adit, level, or incline
tions of w a ter. f 0 w a r ( i a mine working that is suspected to be filled with water, a
bore hole must be kept at least twenty feet in advance o f the
breast of the drive; and also if necessary in directions laterally
from the course of the drive. Such a working place must not
exceed six feet in width and such additional precautionary meas
ures shall be taken as may be deemed necessary by the mine in
spector or deputy to obviate the danger o f a sudden breaking
through o f water.
(b) No raise shall be allowed to approach within ten feet of
any portion of a winze, or a stope, in which there is a dangerous
accumulation of water, unless such winze or stope be first un
watered by bailing or pumping, or by means o f a bore from the
raise.
(c) In every mine where in the opinion o f the mine inspector,
there is a danger of a sudden inrush of water, such additional
raises, drifts, or other workings shall be constructed as are neces
sary to insure the escape of workmen from the lower workings;
and all sumps, and places for the storage o f water in mines, shall
be so constructed as to prevent leakage, as far as possible, and
insure the safety of the men working below the same.
(d) It shall not be lawful for any operator to impound water
or to keep water impounded within any mine in which men are
working below the water so impounded, in such manner as to
endanger the safety o f such men, unless said water be impounded
by a dam or dams, or wall or walls, approved by the mine inspec
tor or a deputy mine inspector.
A ge o f b oys.
S e c . 27. Boys under eighteen years of age shall not be em
ployed underground in a mine.
I n to x ic a tio n .
Sec. 28. No intoxicated person shall be allowed to enter a mine.
No intoxicated ])erson shall be allowed to remain in a mine.
No intoxicating liquor shall be taken into a mine.
V is ito rs.
S e c . 29. Strangers and visitors shall not be allowed underground
unless accompanied by the owner, official or employee, deputized
to accompany them.
W ashroom s.
Sec. 30. Every mine employing twenty-five (25) men or more
shall maintain and suitably equip a heated wash room and change
room, immediately contiguous to said mine, which shall at all
times be open to employees.
I n ju r in g apS e c . 31. No person shall knowingly injure or destroy a water
p lia n ces, etc.
guage, barometer, air course, brattice, or other equipment, or
machinery o f any mine; nor, unless lawfully authorized so to
do, obstruct or open an airway, handle or disturb any part of the
machinery of the hoisting engine of the mine, open the door of
a mine and neglect to close it, endanger the mine or those work
ing thereiu, disobey an order given in pursuance of law ; or do
a willful act whereby the lives or health of persons working in
LABOR LEGISLATION OF 1912----ARIZONA.
57
such mine, or the security of a mine, or the machinery connected
therewith, may be endangered.
N otices to b#
S e c . 32. Notices shall be placed by the superintendent or under
his direction by the mine foreman or shift boss, at the entrance p osted.
to any working place deemed dangerous, and at the entrance to
old or abandoned workings; and no person other than those
authorized by the operator, manager, or superintendent, shall
remove or go beyond any caution board or danger signal so
placed.
F ire-figh tin g
S e c . 33. At any mine employing twenty-five (25) or more men
helm ets.
underground, the operator %shall provide, and keep in a readily
accessible place, at least two fire fighting helmets in condition
to be used in case of emergency; also the operator or superin
tendent of such mine shall provide training for a crew in the use
o f said helmets, and tests at least once monthly o f the helmets
by the actual use thereof by such crew shall be made.
S ign al
sys
S e c . 34. (a) Every shaft and each compartment thereof used
for hoisting, if exceeding fifty (50) feet in depth, and not ex tem .
empted in writing by the mine inspector, shall be provided with
an efficient means of interchanging distinct and definite signals
between the top of the shaft and the lowest level from which
hoisting is being done, and the various intermediate levels for the
time being in use. The signalling apparatus shall be either wire
or cable, actuating a bell or whistle, or a speaking tube, or a
telephone, or an electric system, or two or more o f these may be
used in conjunction.
(b)
In mines where a station tender is employed no person
shall ring any signal bell except the station tender, except in
case of danger, or when the main shaft is being sunk.
Trolley
S e c . 35. Electric trolley wires in all mines now equipped with
w ires.
same shall be at least six and one-half feet above the floor and
in all mines hereafter so equipped at least seven feet above the
floor.
C ode o f s ig
Sec. 36. The following signal code shall be used in all mines:
nals.
1 bell, stop immediately if in motion.
1 bell, hoist muck.
1 bell, release cage, skip, or bucket.
2 bells, lower.
3 - 2 bells, Fewer T e n . } NoTE- I f bells rung slowly move slowly.
5 bells, blasting or ready to shoot signal.
This is a caution signal and if the engineer is prepared to ac
cept it he must acknowledge by raising the bucket or cage a few
feet then lowering it again. After accepting this signal the en
gineer must be prepared to hoist men away from the blast as soon
as the signal 1 bell is given and must accept no other signal in the
meantime.
4 bells, steam on or off.
6 bells, air on or off.
7 bells, danger signal. Followed by station signal calls cage to
that station.
This signal takes precedence over all others except an accepted
blasting signal.
STATION SIGNALS.
B ells.
N am e o f S ta tion .
B ells.
1—2
Collar o f shaft
4—2
4—3
4—4
4—5
5—1
5—2
5—3
5—4
5 -5
1—3
1—4
1—5
2— 1
2— 2
2—3
2—4
2—5
4—1
1
2
3
4
5
6
7
8
9
N am e o f
10
11
12
13
14
15
16
17
18
58
BULLETIN OF THE BUREAU OF LABOR.
Station signal must be given before hoisting or lowering signal.
The engineer shall not move a cage, skip, or bucket unless he
understands the signal.
One copy o f this signal code shall be posted on the gallows
frame, one at each station, and one before the engineer.
Sec. 37. Special signals in addition to the above may be used at
Additional
sign a ls.
any mine, provided they are easily distinguished by their sound,
or otherwise, from the foregoing code, and do not interfere with it
in any way.
Sec. 38. It shall be the duty o f the superintendent of every
L a w to be
accessib le.
mine within the provisions of this act to keep at all times in the
office of said mine and in the timekeeper’s office thereof, in an
accessible place and subject to inspection by all workmen and
persons interested in the same, at least one printed copy of this
act.
V io la tio n s.
S ec. 39. Any person who violates any o f the provisions o f this
act where other penalty is not expressly provided shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine not less than fifty dollars ($50) and not more
than three hundred dollars ($300), or imprisonment in the county
jail not less than thirty (30) days and not to exceed one (1)
year, or both such fine and imprisonment.
Approved May 13, 1912.
C h a pter 43.—Railroads—Number of cars in a train.
L im it o f 70
fre ig h t ca rs.
F ourteen
p a ssen ger ca rs.
V io la tio n s.
S ection 1. It shall be unlawful for any person, firm, association,
company or corporation, operating any railroad in the State of
Arizona, to run, or permit to be run, over his, there [their], or its
line or road, or any portion thereof, any train consisting o f more
than seventy freight, or other cars, exclusive o f caboose.
S ec . 2. It shall be unlawful for any person, firm, association,
company or corporation, operating any railroad in the State of
Arizona, to run, or permit to be run, over his, their, or its line or
road, or any portion thereof, any passenger train consisting of
more than fourteen cars.
S ec . 3. Any person, firm, association, company or corporation,
operating any railroad in the State o f Arizona, who shall will
fully violate any of the provisions o f this act, shall be liable to
the State of Arizona for a penalty o f not less than one hundred
dollars, nor more than one thousand dollars, for each offense;
and such penalty shall be recovered, and suits therefor brought
by the attorney general, or under his direction, in the name o f the
State of Arizona, in any county through which such railway
may be run or operated: Provided, however, That this act shall
not apply in cases o f engine failures between terminals.
Approved May 16, 1912.
C h a pter 47.—Railroads— Qualifications of employees.
S ection 1. I f any person shall run or operate any locomotive
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 o f a misdemeanor,
and he shall be punished by a fine o f not less than twenty-five
dollars nor more than five hundred dollars; and each day he so
engages shall constitute a separate offense.
C on d u ctors.
Sec. 2. I f any person shall act or engage to act as a conductor
on a railroad train in this State without having for three years
prior thereto served or worked in the capacity o f a brakeman
or conductor on a freight train on a line o f railroad, he shall be
deemed guilty o f a misdemeanor, and shall be punished by a fine
o f not less than twenty-five dollars nor more than five hundred
dollars; and each day he so engages shall constitute a separate
offense.
U n la w fu l em
Sec. 3. If any person shall knowingly engage, promise, require,
ploym en t.
persuade, prevail upon or cause any person to do any act in violaE n gin eers.
LABOR LEGISLATION OF 19X2----ARIZONA.
tion with the provisions of the two preceding sections of this act.
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 dollars; and each day he so engages shall constitute a
separate offense.
S e c . 4 . Nothing in this act shall be construed as applying 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 if [sic] 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 act who have the qualifications prescribed by
the provisions thereof, then such companies may employ tempo
rary engineers and conductors who have not the qualifications
prescribed by this act until such trains reach their terminal.
Sec. 4A. The provisions o f this act shall not apply to any railroad company within this State or the receiver or lessee thereof,
whose line of railway is less than twenty-five miles in length.
Approved May 16, 1912.
C h a p t e r 5 0 .—
59
E xem p tion s,
Short lines,
Hours o f labor in dangerous occupations—Electric
plants.
S e c t i o n 1. The business of conducting and operating an elecE m p loy m en t
trie light plant, or any electric power plant, is hereby declared to haKardous.
be hazardous and dangerous to those employed therein.
S e c . 2. It shall be unlawful for any person, corporation or assoEight - h o u r
ciation operating or managing any electric light plant, or a n yday*
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 plants, to be on duty more than eight hours in any twentyfour consecutive hours; except in cases o f emergency when life
or property is in imminent danger.
Sec. 3. Any person, corporation or association that shall vio- Violations,
late sec. 2 of this act, shall pay a fine not to exceed one hundred
dollars ($100) for each violation of this act. Each day’s violation
of any o f the provisions of this section shall constitute a separate
offense.
Approved May 17, 1912.
C h apter
61.—Blacklisting.
Section 1. A labor “ black list,” for the purposes of this act. Definition,
shall mean the name of a person, or list of names description or
other means of identification of persons, when such name descrip
tion or other means of identification or list shall be spoken,
written, or printed for the purpose of being communicated or
transmitted to any employer, whether individual, firm, association,
company, or corporation, with intent to influence such employer to
discharge such person or persons from or to refuse to employ such
person or persons in, a gainful occupation, in pursuance of any
agreement, compact, or conspiracy between the sender and the
receiver thereof that the receiver of such name, description or
other means of identification or list shall discharge from, or refuse
to employ in, a gainful occupation any specified person, persons,
or class of persons designed by the parties to such agreement,
compact or conspiracy, on the receipt of such name, description
or other means of identification, or list, to be discharged from,
or prevented from securing employment.
Sec. 2. Soliciting, giving out, or taking part in the exchanging, Acts forbido f any such labor “ black lis t” by any individual, firm, associa-den.
tion, company, or corporation is hereby prohibited.
60
V iola tion .
D am ages.
P en a lty.
BULLETIN 01' THE BUREAU OF LABOR,
Sec. 3. Any individual, linn, association, company, or corpora
tion, violating any o f the provisions o f sec. 2 o f this act shall be
liable in punitive damages to any person or persons injured by
such violation by being discharged from or prevented from secur
ing employment thereby, to be recovered by him or them in civil
action. Any violation o f the provisions o f this act is further
hereby declared to be a misdemeanor, and any individual, firm,
association, company, or corporation violating any of the said
provisions shall upon conviction therefor be punished by a fine of
not less than fifty ($50) dollars nor more than two hundred and
fifty ($250) dollars or by confinement in the county jail for not
less than ten ( 1 0 ) days nor more than sixty (60) days, or both
such fine and imprisonment.
Approved May 17, 1912.
C hapter 77.—Employment of children—School attendance.
Section 89. No child under the age o f sixteen years shall be
employed by any person, persons, company or corporation during
the school hours o f any school day o f the school term of the public
school in the school district where such child resides, unless such
child presents a written permit from the board o f trustees for
reasons herein specified. Every such employer shall require proof
that such child has been excused from such attendance, and shall
keep a record o f such proof, which shall be open to the inspection
of an attendance officer, peace officer or school trustee, teacher,
Any employer em
U n la w fu l em principal or superintendent, o f the district.
p loym en t.
ploying a child contrary to the provisions of this "section shall be
deemed guilty o f a misdemeanor, and liable to a fine o f not less
than twenty-five dollars ($25), nor more than one hundred dollars
($ 100 ) to be placed to the credit o f the school fund o f the district.
Every parent, guardian, or other person in the State o f Arizona,
having control o f any child between the ages of eight and sixteen
years shall be required to send such child to a public school or
private school taught by a competent instructor for the full time
that the public school is in session in the school district, such
attendance to be continuous, for five days in the week during the
hours prescribed by law: Provided, That such person, guardian
or other person having control of such child shall be excused from
such duty by the board of trustees of the district whenever it
shall be shown to its satisfaction that one of the following reasons
exist:
1. That such child is taught at home by a competent teacher in
E xem p tion s.
the branches taught in the common schools o f the State;
2. That he is attending a regularly organized private or paro
chial school taught by competent teachers, the regular school
hours for five days in the week for the full time that the public
school is in session in the district;
3. That such child is in such physical or mental condition (as
declared by a competent physician approved by the board) as to
render such attendance inexpedient or impracticable;
4. That such child has already completed the grammar school
course prescribed by the State board of education.
V io la tio n s.
S ec. 90. Any parent, guardian or other person failing to comply
with the provisions of sec. 89 of this act shall be deemed guilty
of a misdemeanor, and, upon conviction, be fined in a sum not
less than five, and not more than twenty-five dollars ($25), for
such offense; said action shall be prosecuted in the name of the
State o f Arizona before any court o f competent jurisdiction, and
all fines so collected shall be paid into the county treasury and
placed to the credit o f the school fund o f the district in which the
offense occurs.
Approved May 20, 1912.
C h ildren u n
d er 16.
LABOR LEGISLATION OF 1912----ARIZONA.
61
C h a p t er 78.—Employment of labor on public works.
S e c t io n 1. Eight hours, and no more, shall constitute a lawful
E ig h t. h o u r
day’s work for all laborers, workmen, mechanics or other persons da^now employed or who may hereafter be employed by or on behalf
of the State of Arizona or by or on behalf o f any political sub
division of the State, except in cases o f extraordinary emergency
which may arise in. time o f war, or in cases where it may be nec
essary to work more than eight hours’ each calendar day for the
protection o f property or human life : Provided, That in all such
cases the laborers, workmen, mechanics or other persons so em
ployed and working to exceed eight hours each calendar day
shall be paid on the basis o f eight hours constituting a day’s work :
Provided further, That not less than the current rate of per diem q u r r e n t
wages in the locality where the work is performed shall be paid rates of wages,
to laborers, workmen, mechanics, and other persons so employed
by or on behalf of the State of Arizona, or o f any political sub
division o f the State; and laborers, workmen, mechanics and other
persons employed by contractors or subcontractors in the execu
tion of any contract or contracts within the State o f Arizona, or
within any political subdivision o f the State, shall be deemed to
be employed by or on behalf o f the State o f Arizona, or o f such
county, city, township, or other municipality thereof.
S e c . 2 . All contracts hereafter made by or on behalf o f the State
C o n tra cts,
of Arizona, or by or on behalf o f any political subdivision o f the
State, with any corporation, person or persons, for the perform
ance of any work or the furnishing o f any material manufactured
within the State o f Arizona, shall be deemed and considered as
made upon the basis o f eight hours constituting a day’s work;
and it shall be unlawful for any such corporation, person or per
sons to require or permit any laborer, workman, mechanic or
other person 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 section 1
o f this act.
S ec . 3. No person not a citizen or ward of the United States, or
Citizens to
who has not declared his intentions to become a citizen, shall be be employed,
employed upon, or in connection with, any State, county, or munici
pal works or employment: Provided, That nothing herein shall be
construed to prevent the working o f prisoners by the State, or by
any municipality thereof, on street or road work, or other public
work.
S e c . 4 . Any officer of the State of Arizona, or o f any political
V io la tio n s,
subdivision o f the State, or any person acting under or for such
officer, or any contractor with the State of Arizona, or any politi
cal subdivision of the State, or other person, violating any o f the
provisions of this act, shall for each offense be punished by a
fine of not less than $50 nor more than $1,000, or by imprison
ment not more than six months, or both such fine and imprison
ment, in the discretion of the court.
Approved May 18, 1912.
C h a pter 85.— Protection of employees as members of the National
Guard.
S ection 134. Any person who, either by himself or with anPreventing
other, willfully deprives a member of the National Guard of his employment,
employment, or prevents his being employed by himself or an
other, or obstructs said member o f the National Guard or his
employer in respect to his trade, business or employment, because
said member o f said National Guard is such member, or dis
suades any person from enlistment in the said National Guard
by threat of injury to him in case he shall so enlist, in respect of
his employment, trade, or business, shall be deemed guilty o f a
misdemeanor and upon conviction thereof shall be punished by a
fine of not less than ten dollars ($ 1 0 ) nor exceeding one hundred
dollars ($ 100 ), or by imprisonment for not less than ten days nor
62
BULLETIN OF THE BUREAU OF LABOR.
more tlian sixty days in the county jail, or by both «uch fine and
imprisonment.
Approved May 24, 1912.
C hapter 89.—Liability of employers for injuries to employees.
S ection 1. This act is and shall be delcared [declared] to be an
employer’s liability law as prescribed in sec. 7 of Article X V III
of the State constitution.
S cop e o f la w .
Sec. 2. To protect the safety o f employees in all hazardous
occupations in mining, smelting, manufacturing, railroad, or street
railway, transportation, or any other industry, as provided in
said sec. 7 of Article X V III of the State constitution, any em
ployer, whether individual, association, or corporation, shall be
liable for the death or injury, caused by any accident due to a
condition or conditions o f such occupation, o f any employee 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.
E in p l o y S ec. 3. The labor and services of workmen at manual and
m ent, h a z a rd mechanical labor, in the employment of any person, firm, associa
ous.
tion, company, or corporation, in the occupations enumerated in
sec. 4 o f this act are hereby declared and determined to be service
in a hazardous occupation within the meaning of the terms of sec.
2 of this act.
By reason of the nature and conditions of, and the means used
and provided for doing the work in, said occupations, such serv
ice is especially dangerous and hazardous to the workmen there
in, because o f risks and hazards which are inherent in such occu
pations and which are unavoidable by the workmen therein.
Sec. 4. The occupations hereby declared and determined to be
hazardous within the meaning of this act are as follows:
1. The operation of steam railroads, electrical railroads, street
L ist o f o c
cu p a tion s.
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 o f machinery,
plant, tracks, switches, bridges, roadbeds, upon, over, and by
which such railway business is operated.
2. All 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 struc
ture in which there is, or in which the plans and specifications
require, iron or steel frame work.
4. The operation of all elevators, elevating machines or der
ricks or hoisting apparatus used within or on the outside o f any
bridge, building or other structure for conveying materials in con
nection with the erection or demolition of such bridge, building
or structure.
5. All work on ladders or scaffolds o f any kind elevated twenty
( 20 ) feet or more above the ground or floor beneath in the erec
tion, construction, repair, painting or alteration o f any building,
bridge, structure or other work in which the same are used.
6 . All work o f construction, operation, alteration or repair
where wires, cables, switchboards, or other apparatus or machin
ery are in use charged with electrical current.
7. All work in the construction, alteration, or repair o f pole
lines for telegraph, telephone or other purposes.
8 . All work in or about quarries, open pits, open cuts, mines,
ore reduction works and smelters.
9. All work in the construction and repair o f tunnels, sub
ways and viaducts.
10. All 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.
Title.
LABOR LEGISLATION OF 1912— ARIZONA.
63
Sec. 5. Every employer, whether individual, firm, association, Rules, etc.
company or corporation, employing workmen in such occupation,
of itself or through an agent, shall by rules, regulations, or in
structions, inform all employees in such occupations as to the
duties and restrictions o f their employment, to the end o f pro
tecting the safety o f employees in such employment.
Sec. 6 . When in the course o f work in any of the employments Employer lior occupations enumerated in sec. 4. of this act, personal injury aWe>whenor death by any accident arising out o f and in the course of such
labor, service and employment, and due to a condition or condi
tions o f such occupation or employment, is caused to or suffered
by any workman engaged therein, in all cases in which such injury
or death o f such employee shall not have been caused by the neg
ligence o f 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 o f the deceased
for the benefit o f the surviving widow or husband and children
o f such employee; and, if none, then to such employee’s parents;
and, if none, then to the next o f kin dependent upon such em
ployee, and if none then to his personal representative, for the
benefit of the estate o f the deceased.
S ec. 7. In all actions hereafter brought against any such emQuesti ons
ployer under or by virtue o f any o f the provisions o f this act to for ^uryrecover 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 o f contributory negligence, or has
assumed the risk, shall be a question o f fact and shall at all times
be left to the jury, as provided in sec. 5 of Article X V III of the
State constitution.
Sec. 8 . Any contract, rule, regulation, or device whatsoever, the Waivers,
purpose or intent o f which shall be to enable any employer to
exempt himself or itself from any liability created by this act,
shall to that extent be v oid : Provided, That in any action brought
against any such employer under or by virtue of any o f the pro
visions o f this act, such employer may set off therein any sum
it has contributed or paid to any insurance, relief benefit, or in
demnity or that may have [been] paid to the injured employee or
his personal representative on account o f the injury or death for
which said action was brought.
S ec. 9. In all actions for damages brought under the provisions
Appeals,
of this act, 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 o f 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 interest to
judgment by such higher court or courts, interest at the rate o f be added.
1 2 per cent per annum on the amount o f such judgment from the
date of the filing o f the suit in the first instance until the full
amount o f such judgment is paid.
S ec. 10. No action shall be maintained under this act unless
Limitation,
commenced within two years from the day the cause of action
accrued.
Approved May 24, 1912.
C h a pter
90.— Corporation commission— Safety appliances—
Accidents.
S ection 42. The [corporation] commission shall have power,
P o w e r to
after a hearing had upon its own motion or upon complaint, b y ^ a k e rules,
general or special orders, rules or regulations, or otherwise, to etc*
require every public service corporation to maintain and operate
its line, plant, system, equipment, apparatus, tracks and premises
in such manner as to promote and safeguard the health and safety
o f its employees, passengers, customers, and the public, and to
this end to prescribe, among other things, the installation, use,
maintenance and operation o f appropriate safety or other devices gafetv de_
or appliances, including interlocking and other protective devices vices.
64
BULLETIN OF THE BUREAU OF LABOR.
at grade crossings or junctions and block or other systems of
signaling, to establish uniform or other standards of equipment,
and to require the performance, of any other act which the health
or safety of its employees, passengers, customers or the public
may demand.
InvestigaSec. 44. The commission shall investigate the cause o f all accition of acci- dents occurring within this State upon the property o f any public
service corporation or directly or indirectly arising from or con
nected with its maintenance or operation, resulting in loss of
life or injury to persons or property and requiring, in the judg
ment o f the commission, investigation by it, and shall have the
power to make such order or recommendation with respect thereto
as in its judgment may seem just and reasonable: Provided, That
neither the order or recommendation o f the commission nor any
accident report filed with the commission shall be admitted as
evidence in any action for damage based on or arising out of the
loss of life, or injury to person or property, in this section referred
to. Every public service corporation is hereby required to file with
the commission, under such rules and regulations as the commis
sion may prescribe, a report o f each accident so occurring of such
kinds or classes as the commission may from time to time
designate.
Approved May 28, 1912.
ACTS OF 1912— EXTRA SESSION.
C h a pter 10.—Payment of wages.
S ection 1. Pargraph [Paragraph! 615 of * * * the Penal
Code, Revised Statutes o f Arizona, 1901, is hereby amended to read
as follows:
Semimonthly
Paragraph 615. The State of Arizona, every department and
paydays.
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 o f said departments, institutions, counties,
or municipal corporations, and every company or corporation
doing business in the State, shall designate regular days not more
than sixteen days apart as days fixed for the payment o f wages
to the employees thereof, and shall post and maintain notices,
printed or written, in plain type or script, in at least two conspicu
ous 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,
Payment in corporation, or individual, shall pay on each of said days to its
lawful money, or his employees in lawful money of the United States, or in nego
tiable bank check, payable on demand, of the date of said day, all
wages due said employees 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 . 2. Paragraph 617 of * * * the Penal Code, Revised
Statutes o f Arizona, 1901, is hereby amended to read as follow s:
Violations.
Par. 617. Every contractor mentioned in paragraph 615 hereof
and every corporation (except municipal corporations) violating
any of the provisions of the two preceding sections shall be
deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine of not less than fifty dollars ($50) nor
more than five hundred dollars ($500) for each offense.
Approved June 8 , 1912.
C h a p te r 14.— Compensation for injuries to employees.
Title.
S ection 1. This act is a workman’s compulsory compensation
law as provided in sec. 8 of Article X V III of the State consti
tution.
LABOR LEGISLATION OF 1912— ARIZONA.
65
S e c . 2. Comprulsory compensation shall be paid by his employer C o m p e n s a to any workman engaged in any employment declared and de- tio.*> * 0 be
termined as in sec. 3 o f this act (as provided in sec. 8 o f Article p ’
n’
X V III o f the State constitution) to be especially dangerous,
whether said employer be a person, firm, association, company, or
corporation, if in the course of the employment of said employee
personal injury thereto from any accident arising out of, and in
the course of, such employment is caused in whole, or in part,
or is contributed to, by a necessary risk or danger o f such em
ployment, or a necessary risk or danger inherent in the nature
thereof, or by failure o f such employer, or any o f his or its officers,
agents, or employee or employees, to exercise due care, or to
comply with any law affecting such employment.
S e c . 3. The employments hereby declared and determined to be
Especially
especially dangerous (as provided in sec. 8 of Article X V III of dangerous emthe State constitution) within the meaning of this act are as p ymen
follow s:
1. The operation of steam railroads, electrical railroads, street
railroads, by locomotives, engines, trains, motors, or cars o f any
kind propelled by a steam, electricity, cable or other mechanical
power, including the construction, use or repair of machinery,
plant, tracks, switches, bridges, roadbeds, upon, over, and by
which such railway business is operated.
2. All work when making, using or necessitating dangerous prox
imity to gunpowder, blasting powder, dynamite, compressed air,
or any other explosive.
3. The erection or demolition o f any bridge, building or structure
in which there is, or in which the plans and specifications require,
iron or steel frame work.
4. The operation o f all elevators, elevating machinery or der
ricks or hoisting apparatus used within or on tfie outside of any
bridge, building or other structure for conveying materials in
connection with the erection or demolition o f such bridge, building
or structure.
5. All work on ladders or scaffolds o f any kind elevated twenty
( 2 0 ) feet or more above the ground or floor beneath in the erec
tion, construction, repair, painting or alteration o f any building,
bridge, structure or other work in which the same are used.
6 . All work o f construction, operation, alteration or repair,
where wires, cables, switchboards, or other apparatus or machinery
are in use charged with electrical current.
7. All work in the construction, alteration or repair o f pole lines
for telegraph, telephone or other purposes.
8 . All work in mines; and all work in quarries.
9. All work in the construction and repair o f tunnels, subways
and viaducts.
10. All 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.
S e c . 4 . In case such employee or his personal representative
A lt e r n a t i v e
shall refuse to settle for such compensation (as provided in sec. J3 ght® of em"
8 of Article X V III o f the State constitution), and chooses to re- p oy
tain the right to sue said employer (as provided in any law pro
vided for in sec. 7, Article X V III of the State constitution) he
may so refuse to settle and may retain said right.
S e c . 5. It is hereby declared and determined to be contrary to
F a ilu re
to
public policy that any employer conducting any especially danger- ^ ^ cise d u e
ous industry, through any o f his or its officers, agents, or em
ployee or employees, shall fail to exercise due care, or fail to
comply with any law affecting such employment, in such manner
as to endanger the lives and safety o f employees thereof, without
assuming the burden o f the financial loss through disability en
tailed upon such employees, or their dependents, through such
failure; and it is further declared and determined to be contrary
to public policy that the burden o f the financial loss to employees
in such dangerous employments, or to their dependents, due to in
juries to such employees received through such accidents as are
70244°—Bull. 111—13------ 5
66
BULLETIN OF THE BUREAU OF LABOR.
hereinbefore mentioned shall be borne by said employees without
due compensation paid to said employees, or their (dependents, by
the employer conducting such employment, owing to the inability
of said employees to secure employment in said employments un
der a free contract as to the conditions under which they will
work.
Liability
Sec. 6 . The common law doctrine of no liability without fault is
w ith o u t fa u lt, hereby declared and determined to be abrogated in Arizona as far
as it shall be sought to be applied to the accidents hereinbefore
mentioned.
W hat
inju- Sec. 7. When, in the course o f work in any o f the employments
Densated6 C°m described in sec- 3 above, personal injury by accident arising out
p
‘
of and in the course o f such labor, service, or employment, is
caused to or suffered by any workman engaged therein, by any
risk or failure specified in sec. 2 hereof, then such employer shall
be liable to and must make and pay compensation to the workman
injured, and his personal representative, when death ensues, for
the benefit of the estate o f the deceased, for such injury at the
rates and in the manner hereinafter set out in this a c t:
T w o w eek s’
Provided, That the employer shall not be liable under this act
waiting time, in respect of any injury which does not disable the workman for
a period of at least two weeks after the date o f the accident from
earning full wages at the work at which he was employed at the
time o f the injury; and
Provtiied, further, That the employer shall not be liable under
this act in case the employee refuses to settle for such compensa
tion and retains his right to sue as provided in sec. 4 of this act.
A m ou n t
of
Sec. 8. When an injury is received by a workman engaged in
c o m p e n s a - any labor or service specked in sec. 3, and for which the emon*
ployer is made liable as specified in sec. 7, then the measure and
amount of compensation to be made by the employer to such
workman or his personal representative for such injuries, shall be
as follows:
Fornonfatal 1. I f the injury by accident does not result in death within six
in ju ries.
months from the date o f the accident, but does produce or result
in total incapacity o f the workman for work at any gainful em
ployment for more than two ( 2 ) weeks after the accident then the
compensation to be made to such workman by his employer shall
be a semimonthly payment commencing from the date of the acci
dent and continuing during such total incapacity, o f a sum equal
to fifty (50) per centum o f the workman’s average semimonthly
earnings when at work on full time during the preceding year, if
he shall have been in the employment o f such employer for such
length of time; but if not for a full year, then fifty (50) per
centum of the average wages, whether semimonthly, weekly, or
daily, being earned by such workman during the time he was at
work for his employer before and at the time of the accident.
Partial disa- 2. In case (1) the accident does not wholly incapacitate the
workman from the same or other gainful employment; or ( 2 ) in
case the workman, being at first wholly incapacitated, thereafter
recovers so as to be able to engage at labor in the siame or other
gainful employment, thereby earning wages, then in each case the
amount of the semimonthly payment shall be one-half o f the
difference between the average earnings o f the workman at the
time o f the accident determined as above provided, and the aver
age amount he is earning, or is capable o f earning, thereafter,
semimonthly in the same or other employment—it being the intent
and purpose o f this act, that the semimonthly payments shall not
exceed, but equal, from time to time one-half the difference be
tween the amount o f average earnings ascertained as aforesaid at
the time of the accident, and the average amount which the work
man is earning, or is capable o f earning, in the same or other em
ployment or otherwise, after the accident, and at the time of such
semimonthly payment. Such payments shall cease upon the work
man [re]covering and earning, or being capable o f earning, in the
same or other gainful employment or otherwise, wages equal to
the amount being earned at the time o f the accident:
LABOR LEGISLATION OF 1912— ARIZONA.
67
Provided, however, That the payments shall continue to be made
as herein determined to the workman so long as incapacity to
earn wages in the same or other employment continues, but in no
case shall the total amount o f such payments as provided in sub
sections 1 and 2 of this section exceed four thousand ($4,000)
dollars.
3.
When the death of the workman results from the accident D ea th ,
within six months thereafter, and the workman, at the time o f his
death, leaves a widow, and a minor child, or children dependent
on such workman’s earnings for support and education, then the
employer shall pay to the personal representative o f the deceased
workman for the exclusive benefit o f such widow and child, or
children, a sum equal to twenty-four hundred times one-half the
daily wages or earnings o f the decedent, determined as aforesaid,
but in no event more than the sum of four thousand dollars
($4,000). Such sum shall be paid in lump and held in trust by
such representative for such widow and children and applied by
him to the support o f the widow while she remains unmarried,
and to the support and education of the children so long as neces
sary, and until eighteen (18) years o f age, in such way and man
ner as to him shall seem best and just, under and in accordance
with the directions of the court having jurisdiction o f the estate
of the decedent ; any balance remaining unapplied at the closing
of the estate o f the decedent shall be distributed to the decedent’s
widow (if still his widow), and the children or next o f kin, as
provided by the law o f descents. The personal representative
may pay out of said fund the reasonable and necessary expenses
of medical attendance and burial o f the decedent. I f the work
man leaves no widow or child, or children, but a father or
mother or sister dependent on him for support, then said sum
shall be for their benefit to be applied as above provided. I f the
deceased workman leaves no widow, children, or other depend
ents, then the employer shall pay the reasonable expenses o f med
ical attendance upon the decedent and also provide and secure
his burial in a proper cemetery, which may be chosen by the
friends o f the decedent.
Sec. 9. Any workman claiming compensation under the provi- Medical exsions of this act shall, if requested by the employer, or upon writ- a m in a tio n s.
ten notice by him given to the employer, submit himself for bodily
examination by some competent licensed medical practitioner or
surgeon o f the county in which the workman then resides, to
ascertain and determine the nature, character, extent, and effect
o f the injury to such workman at the time of such examination
for the purpose o f ascertaining the semimonthly compensation
then and thereafter to be made. The employer or the workman
not having requested the examination may have present at the
examination a medical representative by him chosen. Each party
shall pay his chosen representative the expenses of such examina
tion. The said notice shall be given at least ten (10) days before
the date fixed for the examination, and the place shall be con
venient for the workman to be examined. In case the employer
is a corporation, the notice may be served on any officer or agent
thereof in the said county, and if none there, then elsewhere in
the State. The examiner shall make a verified report in writing
in duplicate within ten ( 1 0 ) days after the examination and fur
nish one copy to the employer and one to the workman. I f any
workman neglects or refuses to submit to an examination, his
right to compensation, if any, shall be suspended until he notifies
the employer in writing o f his readiness to submit thereto. No
persons other than the physicians and surgeons aforesaid shall
attend any examination except by agreement o f the parties. I f
the employer and the workman each have an examiner, and they
shall agree upon and join in a report, the same shall be conclusive
so long as it remains in force. I f either the employer or the
employee, having opportunity, fails to provide an examiner, then
the report of the examiner making such examination shall like
wise be conclusive so long as the same remains in force. I f the
68
BULLETIN OF THE BUBEAU OF LABOR.
workman and the employer each have an examiner present, and
they disagree as to the nature, character, extent, or effect o f the
injury, and the degree of incapacity, if any, for labor on the part
o f the workman at the time of such examination, then they shall
join in a written report stating the matters in which they agree,
and in which they disagree, and mutually select some disinterested
medical practitioner or surgeon o f the county to whom the same
shall be referred, and who shall proceed promptly to make an
examination o f the workman as to the matters in disagreement,
and the same shall be conclusive so long as such report remains in
force, which report shall be made by such disinterested examiner
and verified, and a copy thereof furnished to the employer and the
workman. For making such examination, such examiner shall be
entitled to a fee of ten dollars ($ 1 0 ), to be paid one-half by the
employer and one-half by the workman at the time o f such exam
ination. Such examination may be required by the workman or
the employer at periods not shorter than three months from the
date of the last examination. The report of any examination
shall supersede all previous reports. When there is disagreement
between the examiners aforesaid, and they cannot agree upon a
third person as above provided, then it shall be the duty of the
chairman of the board o f sui>ervisors o f the county, on written
notice of either the workman or employer, to appoint some licensed
medical practitioner or surgeon, who shall be a resident o f the
county, to make such examination, and said appointee shall be
entitled to the same compensation.
Notice.
S ec . 10. Every workman seeking compensation under the pro
visions of this act, where the same is not fatal or does not render
him incompetent to give the notice, shall, within two weeks after
the day o f the accident, give notice in writing to the employer,
or his representative employing such workman, or to the foreman
or other employee o f the employer under whom he was working
at the time of the accident, and before the workman has volun
tarily left the service o f the employer and during his disability.
The notice shall state (1) the name and address of such workman,
(2) the date and place o f the accident, (3) and state in simple
words the cause thereof, (4) the nature and degree o f the injury
sustained, (5) and that compensation is claimed under this act.
The notice may be written and served personally by the workman
or by any one in his behalf on any person named above in this
section, or by mail, postpaid, to such person, addressed to the office,
place o f business or residence o f the person notified. No want or
defect or inaccuracy o f the notice shall be a bar to the right o f
the workman to claim and receive compensation under this act,
or to maintain any proceeding to secure the same, unless the em
ployer proves that he has been seriously prejudiced by such lack
of notice. No compensation shall be claimed or allowed so long
as such notice is not given. If the workman is killed, or otherwise
rendered incompetent to give the notice, the same is not hereby
required, nor is any notice required to be given by the personal
representative o f such deceased person. It shall be the duty o f
any one giving a notice as in this section provided, to mail a dupli
cate copy to the attorney general o f this State.
S ec. 11. Any question which may arise between the employer
S e t t lement
o f disputes.
and the workman or his personal representative, under this act,
shall be determined either ( 1 ) by written agreement between the
I>arties, or ( 2 ) by arbitration, or (3) by reference and submission
to the attorney general of this State; and in case o f a refusal or
failure of the employer and workman, or such personal representa
tive, to agree upon a settlement by either o f the modes above pro
vided, then by a civil action at law, showing such refusal or
failure as a reason for suit. I f any employer fails to make and
pay compensation, as in this act provided, for a period o f three
months after the date o f the accident, or for any two months or
more after payment o f the last monthly compensation, then the
injured workman, if surviving, or the personal representative, in
case o f death, may bring an action in any court of competent
LABOR LEGISLATION OF 1912— ARIZONA.
69
jurisdiction to recover and enforce tlie compensation herein pro
vided. Such action shall be conducted as near as may be in the
same manner as other civil actions at law. The action shall be
brought within one year after the happening o f the accident, or
after the nonpayment o f any semimonthly installment theretofore
fixed by agreement or otherwise; or within one year after the
appointment of a personal representative o f the decedent. The
judgment in such action, when in favor o f the plaintiff, shall be
for a sum equal to the amount o f payments then due and prospectively due under the provisions of this act. The judgment shall
be for the total amount thereof and collectible without relief from
valuation or appraisement laws. And the court awarding the
judgment shall, by proper order, direct that the same shall be
paid ratably to the workman, if living, in semimonthly install- Payments,
ments until the determination o f the periods provided in this act
the same as if such payments were being made voluntarily or
without suit in conformity with this act. The judgment by agree
ment, if it appears to the court to be for the best interests of the
workman, may be paid in lump and not otherwise. The court
rendering the judgment is hereby given power from time to time
to make such orders touching the matter o f payments as may
appear best to provide for the maintenance and support of the
workman and his family during his infirmity, and for his and
their benefit and security. The employer shall have the right to
stay the judgment in whole, whether the same is to be paid in
lump sum or monthly installments, upon securing the same by
one or more freehold sureties or a surety company, to be approved
by the court rendering the judgment, who shall enter into a recog
nizance acknowledging themselves bound for the defendant for
the payment o f the judgment in lump or in partial payments as
the same is, or shall be made, payable, together with interest and
costs. On failure o f any one or more of such payments by the
employer, execution may issue out o f said court and cause, against
such defendant, and his bail from time to time leviable and col
lectible without relief from valuation or appraisement or stay
laws. The recognizance shall be written upon the order book o f
the court and immediately following the entry o f the judgment
and signed by such bail and docketed in the judgment docket o f
the court against such defendant and bailors, which shall bind the
property o f the same in the same manner as the judgment binds
the property o f the employer. In an action by a personal repre- D is trib u tio n ,
sentative of a deceased workman, the court shall determine the
proportions of the judgment, whether in lump or in installments,
to be distributed between the widow and child, or children, with
power to alter and amend the proportionment from time to time
on petition o f any party interested as the court may deem best
for the support, maintenance, and education o f such widow and
children.
In any action under this act the court shall fix and allow, at the
A 1 1 o rn e y ’ s
time o f entering the judgment against the employer, a reasonablefees*
fee to the workman’s attorney, to be taxed against the employer
as costs, and collectible in the same manner. From such allow
ance there shall be no right of appeal. Such attorney shall have
no claim for compensation upon the judgment or its proceeds,
other than as herein provided. But no allowance, or any fee
payable by the workman to an attorney for services, or any fee
payable by the workman to an attorney for services [sic] in secur
ing a recovery or disbursement, shall ever exceed twenty-five (25)
per centum of the principal of the sum recovered; and the same
shall not be made a lien on the recovery of its proceeds, except as
may be determined and allowed and fixed by the court.
S ec . 12. Any workman entitled to monthly or other payments
Pa y me nt s
from or to any judgment against any employer as above provided,are. Preferred
as compensation shall have the same preferential claim thereforc aims#
against the property and assets o f the employer and any bailor,
as now is allowed by law for unpaid wages or personal services.
No judgment or any part thereof, nor monthly payments due, or
70
BULLETIN OP THE BUREAU 01? LABOR.
coming due, under this act shall be assignable by the workman or
subject to mortgage, levy, execution, or attachment. But the same
shall stand as a continuing provision for the maintenance and
support of such injured workman during his incapacity for the
periods provided in this act.
M e n t a l in
S ec . 13. In case an injured workman, having a right of action
competence.
under the provisions of this act, shall be mentally incompetent
at the time when any right or privilege accrues thereunder to
him, a guardian may be appointed by any court having jurisdic
tion, to secure and protect the rights o f such workman; and the
guardian may claim and exercise any and all of such rights or
privileges with the same force and effect as if the workman him
self had been competent and had claimed or exercised any such
right or privilege; and no limitation o f time provided in any o f
the foregoing sections shall run so long as said incompetent
workman has no guardian.
Act In effect.
S ec. 14. This act shall take effect on the 1st day o f September,
1912; and ten days from and thereafter, it shall be taken and
held in law that all workmen then in the employ, and all work
men afterwards employed by an employer at manual and mechani
cal labor of the kinds defined in sec. 3 o f this act, are employed
Existing con and working under this act, and the employer and workman shall
tracts.
alike be bound by and shall have each and every benefit and right
given in this act the same as if a mutual contract to that effect
were entered into between the employer and the workman at any
time before the happening o f the accident. It shall be lawful,
however, for the employer or workman to disaffirm an employ
ment under the provisions o f this act by written contract between
them, or by written notice by one to, and served upon, the other
to that effect before the day of the accident.
S u b s titute
Provided, Such written contract does not provide for less com
schemes.
pensation than as provided in this act. And in the absence of
such written contract or written notice, served as above provided,
it shall be taken and held that the employment and service is
under this act; and the same shall be the sole measure of their
respective rights and liabilities when and as provided in this a c t:
Suits.
Provided, If, after the accident, either the employer or the
workman shall refuse to make or accept compensation under this
act or to proceed under or rely upon the provisions hereof for
relief, then the other may pursue his remedy or make his defense
under other existing statutes, the State constitution, or the com
mon law, except as herein provided, as his rights may at the time
exist. Any suit brought by the workman for a recovery shall be
held as an election to pursue such remedy exclusively.
Agreements.
S ec. 15. Any employer employing workman (workmen) to per
form labor or services of other kinds than as defined in this act,
and such workmen and employees may, by agreement, at any time
during the employment, accept and adopt the provisions o f this
act as to liability for accident, compensation, and the methods
and means of paying and securing and enforcing the same. And
in every such case the provisions o f this act shall be taken in law
and fact to bind the parties as fully as if they were specifically
mentioned and embraced in the provisions o f this act.
N a t u r e of
S ec. 16. This act is remedial in its purpose and shall be con
act.
strued and applied so as to secure promptly and without burden
some expense to the workmen the compensation herein provided
and apportioned so as to provide support during the periods named
for the loss o f ability to earn full wages.
Construction.
S ec . 17. Nothing in this act shall be deemed or taken to repeal
or affect in any way any other acts or laws passed by the first
legislature o f the State o f Arizona, and as [sic] in so far as it
refers to the same subject in other acts it shall be deemed to be
accumulative only.
Approved June 8, 1912.
LABOR LEGISLATION OF 1912— ARIZONA.
71
C h a p t e r 1 6 . — Obtaining labor under false pretenses.
S ection 1. Any person, persons, partnership, association, com- F a l s e p r e pany, or corporation, (his or its officers, directors, or agents), who tenses as to
or which shall employ upon wages any person or persons in any assets*
occupation, and who or which at the time o f employing such per
son or persons shall not have sufficient assets within the State,
over and above the exemptions allowed by law, to cover the
amount of wages accruing to said employee or employees for the
term o f two ( 2 ) weeks, and who shall make any false representa
tion, or pretenses as to having such assets, and who after labor Failure t o
has been done under such employment by said employee or em- Pfty wages,
ployees shall fail upon the discharge or resignation of such em
ployee or employees, or for a period of five days after such wages
are legally payable, to pay said employee or employees on demand
the wages due said employee or employees for such labor, shall
be deemed guilty o f obtaining labor under false pretense, and.
upon conviction therefor shall be punishable by imprisonment in Penalty,
the county jail not to exceed one ( 1 ) year, or by a fine not ex
ceeding three (3) times the amount o f the wages so due, and upon
the facts being shown shall be liable to the plaintiff, in civil pro
cess for the collection o f said wages, for the amount o f said wages
and costs o f recovery including a reasonable compensation to
plaintiff for time lost and an attorney’s fee to be fixed by the judge
who hears the case..
Approved June 11, 1912.
C h a pter 66.—Employment of aliens on public works.
S e c t i o n 9. No person not a citizen or ward of the United States
C itizen s t o
or who has not declared his intention to become a citizen, shall be be em Plo yed.
employed upon or in connection with, any State, county or munici
pal works or employment: Provided, That nothing herein shall
be construed to prevent the working o f prisoners by the State,
any county, or by any municipality thereof, on street or road
work, or other public w ork : And pt'ovided further, That the board
o f control shall require all contractors, under the provisions of
this act, to comply with the restrictions in this section contained.
Approved June 20, 1912.
CALIFORNIA.
CONSTITUTION.
A rticle X X .—Miscellaneous— Compensation of workmen for in
juries.
S e c t i o n 2 1 . The legislature may by appropriate legislation
c o m p u ls o r y
create and enforce a liability on the part of all employers to com- l a w s a u th orpensate their employees for any injury incurred by the said em -izedployees in the course o f their employment irrespective of the fault
of either party. The legislature may provide for the settlement S ettlem en t o f
of any disputes arising under the legislation contemplated by this d isp u tes,
section, by arbitration, or by an industrial accident board, by the
courts, or by either any or all o f these agencies, anything in this
constitution to the contrary notwithstanding.
Amendment adopted October 10, 1911.
ACTS OF 1911— EXTRA SESSION.
C h a p te r 1 4 . —Railroad commission—Accidents.
S e c t i o n 4 4 . The [railroad] commission shall investigate the
C au ses of a ccause of all accidents occurring within this State upon the prop-cid e n ts to be
erty of any public utility or directly or indirectly arising from or investigatedconnected witht its maintenance or operation, resulting in loss of
72
Reports.
BULLETIN OF THE BUBEAU OF LABOR.
life or injury to person or property and requiring, in tlie judg
ment o f the commission, investigation by it, and shall have the
power to make such order or recommendation with respect thereto
as in its judgment may seem just and reasonable: Provided, That
neither the order or recommendation o f the commission nor any
accident report filed with the commission shall be admitted as evi
dence in any action for damages based on or arising out of the
loss o f life, or injury to person or property, in this section referred
to. Every public utility is hereby required to file with the commis
sion, under such rules and regulations as the commission may pre
scribe, a report of each accident so occurring of such kinds or
classes as the commission may from time to time designate.
Approved December 23, 1911.
C h apter 17.— Time to vote to be allowed employees .
S ection 2. Section 3 of said [primary election] act is hereby
amended to read as follow s:
S ec. 3. * * * The day of the September primary election
Two hours to
and the day o f the May presidential primary election are hereby
he allowed.
declared to be holidays within the meaning o f section 10 of the
Political Code. Any person entitled to vote at such September or
May primary elections shall, on the day of such election, be en
titled to absent himself from any service or employment in which
he is then engaged or employed, for the period of two consecutive
hours, between the time of opening and the time o f closing the
polls; and such voter shall not, because o f so absenting himself, be
liable to any penalty, nor shall any deduction be made, on ac
count of such absence, from his usual salary or wages. * * *
Approved December 24, 1911.
C h a pter 39.— Industrial accident board— Accident statistics .
S ection 1. It shall be the duty of the industrial accident board
Duties of in
dustrial a c c i to collect and compile statistics in regard to industrial accidents
dent board.
happening in this State resulting in personal injury and the cost
and probable causes thereof, to investigate methods and devices
for the prevention of such accidents, to investigate the compara
tive merits and relative cost of the various forms o f insurance
against liability and compensation for personal injuries resulting
from industrial accidents.
S ec. 2. It shall be the duty o f every employer o f labor and of
Duties of em
ployers and in persons, firms, associations or corporations insuring against lia
surance c o m bility o f employers for damages or compensation for personal
panies.
injuries to employees by industrial accidents to furnish to the
industrial accident board, upon the written request of a member
thereof or an examiner appointed thereby, any and all information
in his or its possession or under his or its control, pertinent to
any o f the matters referred to in the preceding section of this
act. It shall be unlawful for the said board, or any member
thereof, or any examiner appointed thereby, to divulge any infor
mation obtained from any employer o f labor, or from any person,
firm, association or corporation insuring against liability or com
pensation for industrial accidents, without the written consent o f
such employer, and of such person, firm, association or corpora
tion; and any member of the said board, or any examiner ap
pointed thereby who violates the provisions o f this section of this
act, shall be guilty of a misdemeanor, and for each and every
such violation shall be, upon conviction thereof, punishable by a
fine o f not less than ten dollars ($ 1 0 ) or more than one hundred
dollars ($100) or by imprisonment for not more than thirty (30)
days, or by both such fine and imprisonment; and any informa
tion so obtained shall not be used against any such employer,
person, firm, association or corporation, in any action brought
against such employer, person, firm, association or corporation
without the written consent o f such employer, person, firm, asso-
LABOR LEGISLATION OF 1912— CALIFORNIA.
73
ciation or corporation: Provided, however, That this section shall
not prevent the industrial accident board from making and pub
lishing the results of its investigations and researches, as provided,
in sections 5 and 6 o f this act.
Sec. 3. Any member o f the said board or examiner appointed Entering esthereby may, during reasonable business "hours, enter any placetabllshmentso f employment for the purpose o f collecting facts and statistics
and examining the provisions made for the safety and welfare of
the employees therein.
S ec . 4. It shall be unlawful for any person, firm, corporation,
Hindering
agent or officer of a firm or corporation to fail, neglect or refuse to entrance,
comply with any of the foregoing provisions o f this act. Any
person, firm, corporation, agent or officer of a firm or corporation
that knowingly violates or omits to comply with any of the pro
visions of this act, shall be guilty o f a misdemeanor for each and
every offense and shall be, upon conviction thereof, punishable by
a fine of not more than ten dollars.
S ec. 5. The industrial accident board shall report the results o f R e p o r t o f
its investigations covering the calendar year o f 1912 to the gov- board,
ernor of the State not later than February 1 , 1913.
S ec . 6. The industrial accident board is authorized and empow- Publica t i o n
ered to make public and publish at such times and in such man-of reports, etc.
ner as it deems best, the results o f its investigations and re
searches together with all such other information in relation to
the liability o f employers for damages or compensation for per
sonal injuries to their employees as it may deem essential to fully
acquaint the people of the State with the present law and its
purpose and operation.
S ec . 7. The industrial accident board is hereby authorized to Ap p r o p r i draw upon and expend for the purposes set forth in this act a ationsum not in excess o f fifteen thousand dollars, the same to be paid
out of the sum o f fifty thousand dollars appropriated for the use
of said board under section 29 of an act entitled “ An act relating
to the liability of employers for injuries or death sustained by
their employees, establishing an industrial accident board, making
appropriation therefor, defining its powers and providing for a
review o f its awards, approved April 8,1911,” and the controller is
hereby directed to draw his warrants in favor of said board for
sums so expended when duly audited and approved by the State
board of control, and the treasurer is hereby authorized and
directed to pay the same.
Approved January 2, 1912.
C hapter 53.—Accidents to "be reported.
S ection 1. Every employer of labor in this State shall keep a Employers to
full, true and correct record of every personal injury suffered by
r t acci'
his or its employees, arising out o f or in the course o f the employ
ment, and resulting in death, or in disability extending over a
period o f a week or more. Within fifteen days after the happen
ing o f any such personal injury, a written report thereof shall be
mailed by the employer to the industrial accident board infor
mally, or on blanks to be provided by said board for this purpose.
The said report shall contain the name of the employer, location
of place o f employment, nature o f employment, name, address,
age, nationality, sex and occupation o f the injured person, length
of time the injured person had worked at the particular employ
ment previous to injury, date and hour o f the day or night of the
accident, the hour at which the injured employee began work on
the date of the accident, nature of the injury, cause of the injury
and rate o f wages o f the injured employees.
Sec.2. Upon the termination o f the disability of the injured R e p o r t o f
employee or at the expiration of sixty days from the date of the termination of
accident, if the disability should extend beyond such period, the disability,
employer shall mail to the industrial accident board a supple
mental report in relation to such disability, informally or on
blanks to be provided by said board for this purpose. Such report
14
BULLETIN OF THE BUBEAU OF LABOR.
must contain complete statements as to any claim made by the
injured employee for indemnification for the injury sustained,
payment made to him or in his behalf for medical, surgical or
other care, claim for compensation or damages made for such
injuries and any compromise or settlement of claim for com
pensation or damages entered into between the employer and such
injured employee, his heirs, dependents, oj* legal representative.
In the event that any payment shall be made to such injured
employee, or his dependents at any time thereafter, in compromise
or settlement of a claim for compensation or damages, the amount
of such payment shall be forthwith reported by the employer to
the industrial accident board.
Reports b y S e c . 3 . Every physician who attends any such injured employee
p h y sicia n s.
shall keep a record of his case. Within ten days from the date
of his first attendance upon the injured employee, he shall mail to
the industrial accident board a report, informally or on blanks to
be provided by the said board for this purpose. The said report
shall contain the name and address of the employer, name, ad
dress, sex and age o f the injured employee, date o f accident, de
scription of the injury, probable nature and extent o f disability.
Upon the termination o f the disability of the injured employee
or the termination o f said physician’s attendance upon his case,
he shall forthwith mail to the industrial accident board a supple
mental report in relation to such case describing the physical con
dition of the injured employee, his disability, convalescence or
discharge from the doctor’s care.
Reports a s
Sec.4. Every person, firm, association or corporation insuring
to insurance, against liability o f employers for damages or compensation for
personal injury to employees or indemnifying any employer for,
or on account o f any such liability shall keep a record thereof,
and shall within the first five days of each and every month, re
port in writing to the industrial accident board, informally or on
blanks to be provided by said board for this purpose, every such
injury to employees reported to it, every claim for damages or
compensation for such injury filed with such person, firm, asso
ciation or corporation and any settlement or compromise o f any
such claim for damages or compensation whether made with such
injured employee, his heirs, dependents or legal representative.
Other infor- Sec. 5. Every employer, physician or insurance company, firm
mation.
or association, shall furnish to the industrial accident board all
further information required by it in order to constitute a sub
stantially complete and accurate history o f each injury and the
damages or compensation paid therefor.
Records to be
Sec. 6 . The record required to be kept in pursuance of the pro°Pen*
visions o f this act shall at all times be open to inspection o f the
industrial accident board or any member thereof, or any examiner
appointed thereby. Any statement contained in such report shall
not be admissible as evidence in any action arising out o f the
death or injury o f any employee by reason of the accident reported.
Violations.
Sec. 7. It shall be unlawful for any person, firm, corporation,
agent or officer of a firm or corporation to fail, neglect or refuse
to comply with any of the provisions o f this act. Any person,
firm, corporation, agent or officer o f a firm or corporation that
violates or omits to comply with any o f the provisions of this act,
shall be guilty o f a misdemeanor for each and every offense and
shall be, upon conviction thereof, punishable by fine o f not less
than ten dollars or more than one hundred dollars, or by imprison
ment for not more than thirty days, or by both such fine and
imprisonment.
Exemptions.
Sec. 8 . Nothing in this act shall apply to employers of labor
engaged in farming, dairying, agricultural or horticultural pur
suits, in poultry raising or domestic service.
Approved January 10,1912.
LABOR LEGISLATION OF 1912— GEORGIA,
75
GEORGIA.
ACTS OF 1912.
Sunday labor—Railway trains.
(P a g e 7 6 .)
[This act amends subsection 3 o f section 414 of the Penal Code of
1910 by adding the operation o f ice trains and the switching of ice
cars to the list o f employments permitted on Sunday.]
Ice cars, etc.
Sunday labor—Railway trains.
(P a g e 7 7 .)
[This act amends section 414 o f the Penal Code o f 1910 by ex- M ilita ry servcepting from its prohibitions the operation on Sunday of trainsice*
run by request of the governor o f the State or of the military
authorities.]
Examination, etc., o f stationary engineers and firemen.
(P a g e 1 58 .)
[This act amends the act, page 112, Acts of 1910, by making its
provisions applicable to stationary engineers and firemen in
counties having a population o f 70,000 inhabitants or more, instead
o f 117,000 as formerly.]
Act extended,
Bonds of employees of common carriers.
(P a g e 1 5 9 .)
S e c t i o n 1. From and after January 1st, 1913, no common carF reed om
in
rier authorized to do business in this State when requiring of an
of com'
employee that he give bond or undertaking of any nature whatsoever shall require as surety thereon any one or more specific or
certain bonding company or companies as surety thereon: Provided, however, That nothing herein shall be construed so as to
prevent any common carrier from specifying the form or verbage
[verbiage] o f such bond.
S e c . 2 . Any such employee who shall have given any such bond
C a n ce lla tio n
or undertaking, shall, upon the breach o f any of the conditions on
'
thereof by the other party or parties thereto, have the power to
cancel the same by giving the surety or sureties thereon and the
common carrier for the benefit o f whom same shall have been
made at least ten days’ notice in writing, setting out in full the
reasons for cancelling the same. Any such notice to a company,
corporation or association may be served by leaving the same with
any person upon whom service o f legal process upon such com
pany, corporation or association may be had. Any surety or [on]
any such bond or undertaking shall, upon the breach o f any o f
the conditions thereof by the common carrier employee for whom
same shall have been made, have power to cancel the same by
giving such employees at least ten days’ notice in writing, setting
out in full the reasons for cancelling same, the said notice to be
signed by an agent or manager of such surety: Provided, That
nothing therein shall effect [affect] any right o f action accruing to
any person upon the breach of a contract.
S e c . 3 . Any person, officer or manager, company, corporation,
Violations,
association or firm who shall violate any o f the provisions o f this
act shall be deemed guilty of misdemeanor and be punished as
provided in section 1065 o f the Penal Code o f 1910.
Approved August 19, 1912.
16
BULLETIN OF THE BUREAU OF LABOR.
IDAHO.
ACTS OF 1912.—EXTRA SESSION.
C hapter 4.— Liability of employers for road taxes of employees.
E m p loy ers to
fu rn ish nam es.
[This chapter amends section 908 of the Revised Codes by re
qUiring employers to furnish lists o f names only o f “ all ablebodied adult male persons between the ages of twenty-one ( 2 1 )
and fifty (50) years employed by such employer,” instead of “ all
persons employed,’’ as formerly, and the provision as to withhold
ing the amount of the road poll tax from the wages is limited in
the same manner.]
ILLINOIS.
SECOND SPECIAL SESSION—1912.
Mutual casualty insurance companies—Employers' risks.
(P a g e 4 8 .)
W ho m ay Section 1. Any number o f persons not less than twenty, the
paniS C° m majority of whom shall be bona fide citizens of the State of
Illinois, by complying with the provisions of this act, may become,
together with others that may hereafter be associated with them
or their successors, a body corporate, for the purpose o f carry
ing on the business o f a mutual insurance company insuring risks
hereinafter designated and none other: Provided, however, That
any person who shall be a partner in any firm, or a stockholder
in any corporation, shall be deemed a person for the purpose of
associating in the formation of any corporation under the provi
sions of this act.
P o w e r s of
Sec. 13. Any company organized under the provisions of this
companies.
act is empowered and authorized to make contracts of in su rance
or indemnity, insuring or indemnifying employers against loss or
liability in consequence of accidents or casualties of any kind
to any employee or employees, or to any person or persons, result
ing from any act or acts of any employee or employees; or acci
dents or casualties to any person or persons or any employee or
employees, resulting from any reason or cause whatsoever, and
occurring in or connected with the transaction of the business of
any employer.
R e strictio n s .
Sec. 13^. Except as herein provided no insurance business of
the kind provided for in this act shall be transacted by any
other than a legally incorporated company authorized to do such
business under the laws of Illinois, or by such corporation o f other
States as are authorized to do such business in this State: ProTided, however, That the insurance superintendent may authorize
individuals, firms and corporations, by themselves or their attor
ney in fact, to provide among themselves insurance or indemnity
to each other, of the kind provided for in this act, through the
medium of reciprocal or inter insurance contracts, if, in his opin
ion, the plan proposed and the financial strength o f the parties
in interest will properly safeguard the interest o f the insured.
Approved June 14, 1912.
KENTUCKY.
ACTS OF 1912.
Chapter 77.—Employment of females—Hours of labor, etc.
S ixty
m in ors
h ou rs
Section 1. No female under twenty-one years o f age shall be
employed or suffered or permitted to work at any gainful occupa
tion except domestic service and nursing, more than sixty hours
in any one week, nor more than ten hours in any one day.
LABOR LEGISLATION OF 1912— KENTUCKY.
77
S e c . 2 . No female o f whatever age shall be employed, or suf- . Ten-hour day
fered, or permitted to work in any laundry, bakery, factory, work- cupations!1 °C
shop, store, or mercantile, manufacturing or mechanical estab
lishment or hotel, restaurant, telephone exchange or telegraph of
fice, more than sixty hours in any one week, nor more than ten
hours in any one day.
Sec. 3. Every person, firm or corporation employing females Seats,
shall be provided [sic] seats for their use in the room where they
work and shall maintain and keep them there, and shall permit
the use o f such by them when not necessarily engaged in the
actives duties for which they are employed. In stores and mer
cantile establishments at least one seat shall be provided for
every three females employed. If the duties o f the female em
ployees, for the use o f whom the seats are furnished, are to be
principally performed in front of a counter, table, desk or fixture,
such seats shall be placed in front thereof. I f such duties are to
be principally performed behind such counter, table, desk or fix
ture, such seats shall be placed behind the same. The provision
of seats that fold when not in use shall not be deemed a com
pliance with this section.
S e c . 4 . Every person, firm or corporation employing females
W ash room s,
shall provide suitable and proper wash rooms and water-closets,e *
or privy closets where sewer connection is impossible, and shall
keep such closets at all times clean and properly screened and ven
tilated and free from obscene writing or marking. I f male per
sons also be employed in the same establishment such employer
shall provide closets for the men in a room entirely separate from,
and having an entrance entirely distinct and separate from that
to the room containing the women’s closet. A dressing room shall
be provided by the employer for the women when the nature of
their work in [is] such as to require any change in clothing.
Sec. 5. Every person, firm or corporation employing females in Time books
laundry, bakery, factory, workshop, store, or mercantile, manu-to be keptfacturing or mechanical establishment, or hotel, restaurant, tele
phone exchange or telegraph office, shall keep a time book in
which shall be correctly recorded the name of each female em
ployee and the number of hours she is employed each day, which
book shall at all times be open to the inspection o f the State labor
inspector and his assistants. Any such employer or agent o f such
employer wrho knowingly makes any false record in this book, and
any such employer who fails to keep such book or fails to produce
it upon request to the State labor inspector or his assistants for
inspection shall be guilty of a violation o f this act.
Sec. 6. Every person, firm or corporation employing females in Act to he
laundry, bakery, factory, workshop, store, or mercantile, manu-P°sted*
facturing, or mechanical establishment, or hotel, restaurant, tele
phone exchange or telegraph office, shall cause to be posted and
at all times keep in a conspicuous place in each workroom wherein
females are employed in the establishment of such employer—
(a ) A plainly printed copy o f this act, and
(b) A printed notice, in a form which shall be furnished by the
State labor inspector, stating the number of hours per day for
each day of the wTork required of the females employed, and the
time when such wrork shall begin and end.
Sec. 7. Any person, firm or corporation who or which violates Violations,
any of the provisions of this act, or suffers or permits any female
to be employed in violation of the provisions of this act, shall be
deemed guilty of a misdemeanor, and, on conviction, unless other
wise herein expressly provided, shall be punished by a fine o f not
more than fifty dollars and not less than twenty-five dollars for
the first offense, and for each subsequent offense by imprisonment
for not more than ninety days and not less than ten days, or by
a fine o f not less than fifty dollars nor more than two hundred
dollars, or by both fine and imprisonment.
Sec. 8. If any section of this bill [act] shall be held to be uncoil- Construction
stitutional, in whole or in part, the fact shall not affect any other pt statute*
78
BULLETIN OF THE BUBEAU OF LABOR.
section of the act, it being the intention o f the general assembly in
enacting this bill [act] to enact each section separately.
Approved March 14, 1912.
C hapter 108.—Bureau of agriculture, labor and statistics—Inspec
tion of factories, etc.
Section 1. Section 1 of * * * section 33a o f the Kentucky
Statutes, [shall] be amended * * * so that said section will
read as follows:
Labor
in
[1.] In the bureau of agriculture, labor and statistics there shall
sp ectors.
be appointed by the commissioner, with the approval o f the gov
ernor, two labor inspectors and two assistant labor inspectors.
One of said inspectors and one assistant inspector shall be men
having practical knowledge o f factories, machine or workshops,
and the other inspector and assistant inspector shall be women,
and said inspectors and assistants shall be under the supervision
of the commissioner.
Sec. 2. Section 2 of said act [shall] be amended * * * so
that said section will read as follows:
D u ties.
[2.] It shall be the duty of the male labor inspectors to visit and
inspect the various factories, machine and workshops in this State;
and it shall be the duty of the female labor inspectors to visit
and inspect the various factories, laundries, workshops, stores, or
mercantile, manufacturing or mechanical establishments or hotels,
restaurants, telephone exchanges or telegraph offices in which
women are employed. It shall be the duty of all such inspectors
under the direction of the commissioner, to report to the Common
wealth’s attorney and county attorney any violation occurring in
said county o f any law or laws enacted for the protection of
women, children and other persons employed in such county.
Sec. 3. Section 3 of said act [shall] be amended * * * so
that said section will read as follows:
In s p e cto rs to
[3.] It shall be the duty of every owner, manager and agent of
b e ad m itted .
any factory, machine or workshop where male laborers are em
ployed, and of any factory, workshop, laundry, store, or mercan
tile, manufacturing or mechanical establishment, or hotel, restau
rant, telephone exchange or telegraph office where women are
employed, to admit the labor inspector during reasonable hours
and while the same is open, for the purpose o f making an inspec
tion o f same, and any person who shall refuse to admit such
inspectors in violation of the provisions of this section shall be
fined not to exceed one hundred ($ 10 0 ) dollars, or to be im
prisoned in jail not more than six months, or both so fined and
imprisoned in the discretion o f the jury.
Sec. 4. Section 4 of said act [shall] be amended * *
so
that said section will read as follows:
S ta tistics.
[4.] It shall further be the duty of the labor inspectors to collect
statistics concerning labor wherever and however employed in this
State and report the same to the commissioner at such times as
he may direct, and it shall be the duty o f the owner, officers,
manager or agent o f any factory, machine or workshop where
male laborers are employed, and o f any factory, workshop,
laundry, store, or mercantile, manufacturing or mechanical estab
lishment, or hotel, restaurant, telephone exchange or telegraph
office where females are employed, to furnish upon demand of
the labor inspector statistical information concerning the number
and sex of persons employed, the exact amount of compensation
paid to each of such laborers, or women, the amount and kind of
labor or work performed by each o f said men and women so em
ployed, and such other reasonable information as may be required
by the commissioner: Provided, That no person shall be required
to furnish the labor inspectors information touching matters not
contemplated in the provisions o f this a c t: And provided, further,
That no labor inspector for the purpose o f gathering statistics
shall interfere or detain from work any laborer, or any woman
employee while on duty during working hours.
*
LABOR LEGISLATION OF 1912— KENTUCKY.
79
Sec. 5. Section 7 of said act [shall] be amended * * * so
that said section will read as follow s:
[7.] Neither the labor inspectors nor assistant labor inspectors Not to intershall take any part, interfere or become involved in any strike*trikes w i t h
or similar labor difficulty other than the performance of his or
her duty as prescribed by law, upon penalty of forfeiting his, or
her, office.
[Subsection 8 is changed merely by making the word “ in
spector ” where it appears plural instead of singular.]
Approved March 15, 1912.
C h a pter 126.—Assignments of wages.
S ection 1. No assignment, sale, pledge, mortgage or other transContents of
fer of wages to be earned or paid in the future where the whole a gnm 8,
or a part of the consideration for said assignment, sale, pledge,
mortgage or other transfer, is a sum o f money of less than $200,
shall be valid unless! the instrument evidencing the same—
(a)
Be in writing subscribed by the assignor, and bear the true
date o f its signature by the assignor, and the true date o f deliv
ery of such sum of money.
(c) Contain a true statement o f the consideration, the amount
o f money advanced or paid, o f the interest and all other fees and
charges paid or agreed to be paid by the assignor and the time
when said debt matures; and if said debt is to be paid in install
ments, the date of payment o f each installment
(d) The full name or names and address or addresses o f the
assignee, vendee, pledgee or mortgagee; if a firm or partnership,
the name of each member o f the partnership; and in case o f a
nonresident partnership or individual, and o f a corporation, the
name and address of some person in the State upon whom process
may be served in any litigation involving said instrument.
S ec . 2. No such instrument shall be valid, against the employer
As s e nt by
of the person to whom such wages are payable unless and until emp oyer*
said employer shall signify in writing upon said instrument his
assent to said assignment, sale, pledge, mortgage or other trans
fer: Provided, however, That if notice o f said assignment be
given to said employer by delivering to him a copy of said instru
ment within three days after the date o f the making thereof, the
acceptance o f said employer shall not be necessary to the validity
o f said instrument.
Sec. 3. No such instrument shall be valid against such wage Assignor to
earner unless a fu ll true and complete copy thereof be delivered “ ave copy*
to the wage earner at. or before the time o f the payment o f the
consideration to him; nor shall any such instrument be valid
against any such wage earner in any case where it shall appear
that said copy was taken from his possession with or without his
consent thereafter by the assignee, pledgee, vendee or mortgagee,
or his agent, directly or indirectly, or mutilated, altered or de
stroyed directly or indirectly by such assignee, vendee, pledgee or
mortgagee, or his agent, with or without the consent o f said wage
earner or his agent. Said assignee, vendee, pledgee or mortgagee
shall upon demand furnish an exact copy of said instrument to
said wage earner upon the payment o f the sum o f ten cents, and
any false statement made in such copy shall make the original
instrument invalid against such wage earner. The time and
amount o f all payments made by such wage earner under the
terms o f such instrument shall be indorsed on said copy and on
the original and shall be a part thereof; and a failure to so in
dorse such payments, if any, thereon, shall make such instrument
invalid.
S ec . 4. No such assignment, sale, pledge, mortgage or transfer
Restrictions,
shall be valid or enforceable unless it be for a fixed and definite
part o f the wages earned or of wages to be earned during a
period not exceeding ninety days immediately following the date
o f said instrument. Any such instrument which shall be dated
any other date than that o f its execution shall be void.
80
E xem p tion s.
C on s tru ction
o f a ct.
BULLETIN OP THE BUBEAU OP LABOR.
Sec. 5. National banks and all State banks and trust companies
shall be exempt from the provisions o f this act.
Sec. 6. The invalidity of any portion of this act shall not affect
the validity of any other portion thereof, which can be given
effect without such invalid parts.
Approved March 18, 1912.
LOUISIANA.
ACTS OF 1912.
A ct No. 20.—Seats for employees on street cars.
S eats t o b e
p rov id ed .
Use.
Section 1 . From and after the passage of this act, it is made
the duty of all persons, partnerships and corporations engaged in
the operation of street railroads to provide the cars operated’ by
them with good substantial seats on each platform o f every car
and to maintain them in good order for the use o f the operator
and conductor on the car and to permit and allow the operator
and conductor of the car to use the seats so provided and seat
and rest themselves thereon when in service on the cars on which
they are employed while the cars are passing over portions o f the
road bed out of the business district o f any city, town or village
in this State.
Any persons, partnership or corporation found guilty o f violat
ing any o f the provisions o f this act shall upon conviction be fined
not less than fifty dollars nor more than five hundred dollars or
be imprisoned in the parish jail not less than three months nor
more than one year.
Approved June 24, 1912.
A ct No. 25.—Employment of children in pool and Miliard rooms.
E m p loy m en t
forb id d en .
V io la tio n s.
Section 1. It shall be unlawful for any person, whether as pro
prietor, agent, manager, employee, lessee or otherwise, conducting
or carrying on any place where pool or billiard games o f any sort
are operated, for pay or otherwise, to allow or permit minors
under the age o f seventeen years within such places, or to be
employed therein, or to allow or permit such minors to engage or
take part in any game of pool or billiards in such places, or to
allow or permit such minors to use or play upon any pool or bil
liard tables therein.
Sec. 2. Whoever shall violate any o f the provisions of this act
shall be regarded as contributing to the neglect and delinquency
o f children and shall be guilty o f a misdemeanor, and upon con
viction for violation o f any o f the provisions o f this act shall
be fined not less than twenty-five dollars nor more than one hun
dred dollars, or shall be sentenced to be confined in the parish
jail or prison for not more than three months, or may be both
fined and imprisoned as above set forth, in the discretion o f the
court.
Approved June 26, 1912.
A ct No. 27.—Payment of wages— Semimonthly pay day.
W ag es t o b e
paid
sem i
m on th ly.
V io la tio n s.
S ection 1. All public service corporations doing business in the
State who shall employ any salesmen, mechanics, laborers or
other servants for the transaction o f their business, shall pay the
wages o f such employees at least semimonthly.
Sec. 2. Any corporation that shall, through its president or
otherwise, violate section 1 of this act, shall be deemed guilty of
a misdemeanor, and on conviction thereof shall be fined in any
sum not less than fifty dollars, nor more than five hundred dollars
for each offense.
Approved June 26, 1912.
81
LABOR LEGISLATION OF 1912----LOUISIANA.
A ct N o. 61.—Factory inspection— City of N.ew Orleans.
S e c t i o n 1. Section 28 of Act 301 of 1908 * * * shall be
amended and reenacted so as to read as follow s:
“ Section 23. The mayor o f the city o f New Orleans, with the Mayor to apconsent o f the council, shall appoint a factory inspector, who may P°int inspecbe either male or female, to see that the regulations o f this act
are observed and also to prosecute all persons who shall violate
the same. Such inspector shall be paid a salary o f not more than
twelve hundred dollars per annum.”
Approved July 5, 1912.
A ct N o. 142.—Employers' liability commission.
S e c t i o n 1. There is hereby created a commission to be called
“An Employer’s Liability Commission,” to be composed of five
members appointed by the governor o f the State, whose duty it
shall be to enter into an investigation o f the true and proper rela
tions between employers and employees with reference to accidents
occurring to employees during the course of their employment, in
volving necessarily the duties of employer and employee towards
each other. They shall investigate and report upon the defences
which should be allowed to the employer sued for damages arising
from the injury or death o f the employee.
They shall investigate and report upon the advisability o f the
adoption of the system o f compulsory compensation to the in
jured employee, or to his relatives in the event of his death; or
for a system of voluntary insurance borne by employer and em
ployee on an equitable basis to the end o f bringing prompt relief
to the employee injured, or in the event of his death, to his legal
representative.
The term o f life of this commission shall be two years from
the date of its appointment, and it shall report to the general
assembly during the first week o f its session in 1914. The mem
bers shall serve without compensation; the governor shall desig
nate the chairman; and meetings shall be held at such time and
such place as the chairman, with the concurrence of two members,
shall fix. The chairman o f the committee shall be authorized to
appoint a clerk.
Approved July 10, 1912.
A
ct
N o.
C o m m is s io n
created ,
D u ties
Term,
177.—Railroads—Frogs, etc., to be blocked.
S e c t i o n 1. Every railroad corporation, receiver or other persons
Ang l e s in
operating a railroad or part of railroad, other than a logging or fl‘°ss> etc.
plantation road, within this State, shall adjust, fill or block all
angles in frogs and crossings on its roads and in its yards, divi
sional and terminal stations where trains are made up, with suit
able material, which shall be so placed and be o f such design as
will prevent the wedging o f the feet of employees and other per
sons in such angles.
S e c . 2 . Whoever, owning, operating or controlling a railroad
V io la tio n s,
fails to comply with the provisions o f this act shall be deemed
guilty o f a misdemeanor and upon conviction before any court o f
competent jurisdiction, shall be fined in a sum o f not less than
fifty dollars nor more than one hundred dollars.
S e c . 3. This act shall take effect and be in force from and a ft #
A c t in efJanuary 1st, 1913.
fectS e c . 4. All laws or parts o f laws in conflict herewith be and
R epeals,
the same are hereby repealed on and after January 1,1913.
S e c . 5. The present act, and every clause, article, sentence and
C o n s tru ctio n
word comprised in the same, shall be taken and accepted accord- of
ing to the plain words, sentences, articles and clauses therein
contained, and shall not be interpreted nor expounded by color
o f any pretense or clause, or by any subtle argument or inven-
70244°—Bull. 111—13------ 6 .
82
BULLETIN OF THE BUREAU OF LABOR.
tion or reason, to the hindrance, disturbance or derogation o f this
act or any part thereof.
Approved July 11, 1912.
A ct No. 184.—Employment of children in certain occupations
forbidden.
Section 1. A person who employs or causes to be employed, or
wli0 exhibits, uses, or has in custody, or trains for the purpose of
exhibition, use or employment of, any child actually or appar
ently under the age of sixteen years, or who has the care, custody
or control of such a child as parent, relative, guardian, employer
or otherwise, sells, lets out, gives away, so trains, or in any way
procures or consents to the employment, or to such training or
use, or exhibition of such child; or who neglects or refuses to
restrain such child from such training or from engaging or acting:
f ^h?dd°ymentS
A s a rop e or w *re walker> gym nast, wrestler, contortionist,
ord en.
rider or acrobat, or upon any bicycle or similar mechanical vehi
cle or contrivance; or
2. In singing; or dancing; or playing upon a musical instru
ment; or in a theatrical exhibition; or in any wandering occu
pation ; or,
3. In any illegal, indecent or immoral exhibition or practice;
or in the exhibition of any such child when insane, idiotic, or
when presenting the appearance o f any deformity or unnatural
physical formation or development; or,
4. In any practice or exhibition or place dangerous or injurious
to the life, limbs, health or morals o f the child; shall be regarded
as contributing to the neglect and delinquency of children and
guilty of a misdemeanor, and upon conviction thereof, shall be
fined in a sum not less than twenty-five dollars nor more than
two hundred and fifty dollars, or shall be imprisoned in the parish
jail or parish prison for not more than two years, or by both
such fine and imprisonment: And provided further, That any per
son, firm or corporation licensed as or holding a license for any
theater within this State, who shall be convicted hereunder, shall,
upon such conviction forfeit such license.
E x ce p tio n .
But this act does not apply, nor shall any act prior thereto
apply, to the employment of any child as a singer or musician in a
church, school of [or] academy, or in teaching or learning the science
or practice of music, or in a theatrical exhibition, or as a musi
cian in any concert, where a permit therefor has first been secured
from a judge o f a juvenile court, or a district court acting as a
juvenile court.
N on resii n the case of a nonresident child no permit shall be granted
den ts.
unless such child be accompanied by a parent or a guardian or
a custodian duly designated in writing, attested by a notary
public by said child’s parents or guardian; nor shall said permit
be granted unless it be shown to the satisfaction o f the court that
said child is receiving and during the period o f said permit will
receive proper instruction and teaching in common school studies.
Permits.
The court granting such permit shall have the power to exact
from the employer o f the child, as a condition precedent to the
granting of such permit, under such stipulations and conditions
as may be determined by the judge o f such court, a bond in a
sum not exceeding two thousand dollars, to be executed in favor
o f the State of Louisiana, and conditioned to secure and guar
antee the proper tuition as well as the moral and physical health
of such child while in such employment. Such bond may be for
feited by showing a breach thereof in the State o f Louisiana or
elsewhere, and in such proceedings testimony may be taken as
provided by law in civil cases in the civil courts o f this State.
Such permit shall not be given unless previous [sic] twenty-four
hours* previous notice o f the application therefor shall have been
served in writing upon the Society for the Prevention o f Cruelty to
Children, if there be one in the parish, and a hearing had thereof,
if requested, and such permit shall be revocable at the will and
T o w h om
act
applies.
LABOR LEGISLATION OF 1912— LOUISIANA.
83
discretion o f the authority granting it. The permit shall specify
the name o f the child, its age, the names and residence o f its
parents, or guardians, and its employers; the nature, time, dura
tion, and number of performances permitted, together with the
place and character of the exhibition. But no such permit shall
be deemed to authorize any violation o f the first, third or fourth
subdvisions enumerated above.
Approved July 11, 1912.
A
ct.
N o.
187.—Employers' liability—Defenses.
S e c t i o n 1. Assumption o f risks by an employee, or the negliH ow d e gence of a fellow servant shall not be a defense to an action for fenses considdamages for personal injury, but may be considered by the court e
in determining the measure o f damages: Provided, The provi- Proviso,
sions of this act shall apply only to public service corporations.
Approved July 11, 1912.
A
ct
N o.
222.—Bonds of employees.
S e c t i o n 1. Whenever public utilities corporations in this State
Freedom to
shall require of their employees or any employee in their or any S^^se
com'
such corporation’s employ, bond for his or her fidelity and hon- p
esty, it shall be and it is hereby declared unlawful for such cor
poration or the officers or the managers thereof to require such
employee to make such bond by giving as surety any certain bond
ing company designated or named by such corporations, its of
ficers or managers: Provided, That any bonding company author
ized to do business under the laws of the State of Louisiana that
may be selected by such employee shall be accepted as surety on
such bond or bonds when such bonding company is offered as such
surety: Provided, That when satisfactory to such employers, bond
may be made in such cases by the employee giving private surety:
Provided, That this act shall not apply to bonds whereon the
premium is paid by the employer and is not charged to the em
ployee in any manner.
S e c . 2. Any one violating any o f the provisions o f section 1 o f
V io la tio n s,
this act shall upon conviction thereof before a court o f competent
jurisdiction be subject to a fine not exceeding $500 or imprison
ment not exceeding six months.
Approved July 11, 1912.
A
ct
N o.
237.—Printing offices— Ventilation.
S e c t i o n 1. Hereafter all newspaper and printing concerns op- . Fans t° be
erating in the State o f Louisiana, using three or more linotype installedor other type-casting machines, shall be required to install in the
room or rooms in which said machines are operated, an exhaust
fan or other device o f sufficient capacity to keep pure air circulat
ing in said room, and to expel the poisonous metal fumes arising
from said linotype machines.
S e c . 2. All newspaper and printing concerns operating in the
Vent pip®8State o f Louisiana, using three or more linotype or other type
machines shall be required to install vent pipes on each machine
running from the metal pot to a flue or other aperture leading to
the outside o f the building.
Sec. 3. The penalty for the violation of the provisions o f this Violations,
act shall be a fine of not less than $25, nor more than $100 or im
prisonment not to exceed sixty days or both, in the discretion of
the court for each offense; and every fifteen days that elapse
without complying with the act will be deemed a separate offense.
Approved July 11, 1912.
A ct No. 240.—Loans to employees—Rate of interest.
1. It shall be unlawful for any individual whether for
Maxi mum
his own account or for that of any other individual or corpora- rate flxed*
S e c t io n
84
BULLETIN OF THE BUBEAU OF LABOB.
tion to lend or advance money to one o f his employees, or to a
laborer engaged in constructural, paving or other manual employ
ment at a greater rate of interest than 8 per cent per annum,
otherwise he shall be deemed guilty o f a misdemeanor and upon
the complaint o f any victim or other person he shall be tried
before a court of competent jurisdiction, and upon conviction
shall be fined not less than $25 nor more than $100 or imprisoned
for a period o f not more than three months or both at the discre
tion o f the court.
Approved July 11, 1912.
A
ct
N o.
245.—Hours of labor of stationary engineers.
S e c t i o n 1. No factory, manufacturing establishment, office build
ing, warehouse, workshop, or any business establishment keeping
open or running day and night, shall permit except in cases of
emergency, or compel the stationary firemen therein employed
to work consecutively in any one day, more than eight hours;
that a full day’s labor shall be composed o f eight hours and no
m ore: Provided, That the provisions of this act shall not apply to
stationary firemen or assistants employed in the petroleum in
dustry, in any cotton gin, on any sugar plantation, or in the saw
mill industry.
R e f u s a l to
S e c . 2. The refusal by a stationary fireman, to work in such
work o ve r
establishments, for more than eight consecutive hours, for each
time.
day’s work, shall not be a lawful cause for discharging such
fireman.
V io la tio n s.
Sec. 3. Any person, or corporation who shall violate any o f the
provisions of this act, shall be deemed to be guilty o f a mis
demeanor for each violation thereof, and, upon conviction for the
same such person, or the president of such corporation shall be
punished by a fine of not less than twenty-five dollars nor more
than one hundred dollars and by imprisonment in the parish jail
or parish prison, for not more than fifteen days.
E n forceSec. 4. In all cities and parishes, it shall be the duty o f the
m ent.
inspector of police, superintendent o f police, or the chief officer
of police, by suitable inspections to see that the regulations of
this act are observed, and to prosecute all persons, or corporations
through their presidents who shall violate the same. Such in
spector, superintendent, or chief officer of police, shall detail such
portion of the force under him as he shall deem necessary for
the inspection, from time to time o f all the aforesaid places where
stationary firemen may be employed. In towns, and parishes the
mayor thereof shall perform the duties above imposed on the
inspector, superintendent or chief of police in cities.
D efin ition .
Sec. 5. The term “ stationary fireman,” wherever used in this
act shall be deemed to mean, and apply to any person employed
in the generation o f steam in stationary boilers, and in attending
to the water supply for such boilers.
Approved July 11, 1912.
E ig h t - h ou r
d a y In certa in
e s t ablishm ents.
A
W ag es to be
p a id
on
d is
ch arge.
V io la tio n s.
ct
No. 250.—Payment of wages due discharged employees.
S e c t i o n 1. It shall be the duty of every individual, firm and
corporation employing laborers of any kind whatever, when they
shall have discharged the said laborer or laborers, to immediately
pay the laborer or laborers the amount due him or them under
the terms o f his or their employment, whether by the day, week
or month.
S e c . 2. Any individual, firm or corporation employing laborers
in this State who shall fail or refuse to comply with the pro
visions o f Article 1 of this act shall be liable to the said laborer or
laborers for his full wages until the said individual, firm or cor
poration shall pay or tender for payment the amount due such
laborer or laborers.
Approved July 11, 1912.
LABOR LEGISLATION OF 1912— MARYLAND.
85
MARYLAND.
ACTS OF 1912.
C h a p t e r 7 9 . —Employment
of women—Hours of labor.
S e c t i o n 1. Article 100 of the Code o f Public General Laws, title
“ Work-liours of, in factories,” is hereby amended by the addition
thereto o f five sections, to be known respectively as sections 14,
15, 16, 17 and 18, to follow section 13 o f the said article, as now
enacted, under the subtitle “ Hours o f labor for females,” and to
read as follow s:
S e c t i o n 14. No female shall be employed or permitted to work T e n -h o u r day.
in any manufacturing, mechanical, mercantile, printing, baking
or laundering establishment more than ten hours in any one day,
nor more than sixty hours in any one week, nor more than eight E i g h t - h o u r
hours in any one day if any part o f her work is done before six y*
o’clock in the morning or after 10 o’clock in the evening o f the
said d a y ; nor shall any female be employed or permitted to work
for more than six hours continuously at any one time in any o f
the aforesaid establishments in which three or more such persons
are employed, without an interval of, at least, a half hour, except Rest periodsthat such female may be so employed for not more than six and
a half hours continuously at one time if she shall not be permitted
to work during the remainder o f the day in her said employment:
Provided, That in Allegany County any person or persons subject S eason a l emto this act in whose establishment the average working-day for
cou n tv
the entire year does not exceed nine hours and in which the entire
working force is employed on full time for the entire year and
who for a period not less than four months has established for
such employees a working-day of less than nine hours, may for
a period immediately thereafter, not exceeding six weeks employ
their employees for not more than twelve hours in any one
calendar day, to meet the exigencies o f exceptional seasonable
demands upon the trade or industry in which they are employed:
Provided further, That the invalidity o f any portion o f this act
shall in no way affect the validity o f any other portion thereof
which can be given affect [effect] without such invalid part. But
the provisions of this section shall not apply to females employed in Exemptions.
the canning or preserving or preparing for canning or preserving
of perishable fruits and vegetables.
S e c . 15. Every employer shall post in a conspicuous place in
S ch ed u le o f
every room o f any manufacturing, mechanical, mercantile, print- h ou rs,
ing, baking or laundering establishment in which any females are
employed, a printed notice stating the provisions of this law and
the hours o f beginning and stopping work. The printed form o f
such notice shall be furnished by the chief o f the Maryland
Bureau of Statistics and Information.
S e c . 16. The governor shall appoint in the year 1912 and every
F em ale i n fourth year thereafter, in the month of May, an inspector and two sPectors*
assistant inspectors of female labor, who shall be female citizens
of this State of good moral character. The inspector shall receive
a salary of $800 annually, and each of the assistant inspectors a
salary o f $600 annually, and they shall be further paid the actual
and necessary expense incurred by them in the discharge o f their
duties. They shall hold office for four years and until their re
spective successors shall have been appointed and have qualified,
but may be removed by the governor at any time, a specific written
statement o f his reasons for such removal being furnished in each
case by the governor to the person removed. All vacancies in the
offices hereby created shall be immediately filled by the governor
for the remainder o f the unexpired term. The sum o f six thousand
dollars ($ 6 ,000 ) per annum, or so much thereof as may be needed
in each year is hereby appropriated to carry out the provisions
o f this and the next succeeding sections.
S e c . 1 7 . The said inspector and her said assistants, in the disD u ties o f in
charge o f their duties, may enter any place, building or room of sPectors-
86
V io la tio n s.
BULLETIN OF THE BUREAU OF LABOR.
any establishment mentioned in section 14 o f this article and shall
visit and inspect all establishments named in said section 14 as
often as practicable during reasonable hours, and shall cause the
provisions o f this act to be enforced therein; they shall report
any cases o f illegal employment or other violations o f sections 14
and 15 o f this article to the State’s attorney and the grand jury
of the county or city where the said offenses shall have been
committed.
Sec. 18. Any person violating any of the provisions of section 14
or of section 15 of this article or interfering with, molesting or
obstructing the said inspector or either of her assistants in the
discharge of her duties shall be deemed guilty of a misdemeanor
and upon conviction shall be punished, for the first offense, by a
fine of not more than $100, for a second or subsequent offense,
by a fine of not more than $1,000, or by imprisonment for not
more than one year, or by both penalties in the discretion of the
court.
Approved April 1, 1912.
Chapter
P h y sicia n s to
rep ort.
165.— Occupational diseases to be reported.
S e c t i o n 1. A new section [shall] be added to article 43 o f the
Code o f Public General Laws o f Maryland o f 1904, title “ Health,”
subtitle “ State Board o f Health,” to follow after section 5 o f said
article, to be known as section 5a, * * * to read as follow s:
S e c t i o n 5a. Every physician attending on or called in to visit
a patient whom he believes to be suffering from poisoning from
lead, phosphorus, arsenic or mercury or their compounds, or from
anthrax, or from compressed-air illness, or any other ailment or
disease contracted as a result o f the nature o f the patient’s em
ployment, shall send to the State board o f health a written notice
stating the name and full postal address and place o f employment
o f the patient, and the nature o f the occupation and the disease
from which in t h e o p i n i o n o f t h e p h y s i c i a n t h e p a t i e n t is suffer
ing; with such other specific information as may be required by
the State board o f health. I f any physician, when required by this
section to send notice, fails forthwith to send the same, he shall
be liable to a fine not exceeding ten dollars. It shall be the duty
of the State board of health to enforce the provisions o f this act,
and it may call upon the local boards o f health and health officers
for assistance, and it shall be the duty o f all boards and officers
so called upon for such assistance to render the same. It shall
furthermore be the duty o f said State board of health to transmit
such data to the chief o f the Maryland Bureau of Statistics and
Information, who shall record said data and include the same
and a summary thereof in his annual report.
Approved April 8 , 1912.
Ch apter
173.—Employment of children— School attendance.
S e c t i o n 1. Sections 124, 125, 126, * * * 130, * * * 137
and 138 o f Chapter 269 o f the Acts o f the General Assembly o f
1902 are hereby repealed and reenacted with amendments, so as
to read as follows:
School a t S e c t i o n 124. Every child residing in Baltimore city between
tendance
Rfli+imnvA h+v eight and fourteen years o f age shall attend some school regu
larly as defined in section 131 o f this subtitle, during the entire
period o f each year, the public day schools in said city in which
said child resides are in session, unless it can be shown that the
child is elsewhere receiving regularly thorough instruction during
said period in the studies usually taught in the said public schools
to children o f the same age: Provided, That the superintendent
or principal of any school, or person or persons fully authorized
by said superintendent or principal may excuse cases o f neces
sary absence among its enrolled pupils: And provided further,
That the provisions o f this section shall not apply to a child whose
mental or physical condition is such as to render its instruction
LABOR LEGISLATIOH OF 1912— MARYLAND.
87
as above described inexpedient or impracticable. Every person
having under bis control a child between eight and fourteen years
of age shall cause such child to attend school or receive instruction
as required by this section [sic] children over fourteen years of
age and under the age of sixteen years; [sic] and every person
having under his control such a child shall be subject to the
requirements of this section, unless such children are regularly
and lawfully employed to labor at home or elsewhere.
[T h e p u n ctu a tio n o f th e la s t sen ten ce o f th e a bov e sectio n is o b v io u s ly
in co r re ct. T h e sem icolon a ft e r th e w o r d s “ six teen yea rs ” s h o u ld a p p a r
e n tly fo llo w th e w o r d “ s e ctio n ” in th e lin e a b ov e.]
Sec. 124a. Every child residing in any county of this State i n
between eight and fourteen years o f age shall attend some day |tate.
school regularly as defined in section 131 o f this subtitle during
such consecutive period of each year (in no case less than four
months) as shall be prescribed by the board of school commis
sioners o f the county in which the said child may reside, unless
it can be shown that such child is elsewhere receiving regularly
thorough instruction during said period in the studies usually
taught in the public schools o f the county to children of the same
ag e: Provided, That the superintendent or principal o f any school
or person or persons duly authorized by such superintendent or
principal may excuse cases of necessary absence among its en
rolled pupils: And provided further, That the provisions of this
section shall not apply to children whose mental or physical con
dition is such as to render instruction above described inexpedient
or impracticable. Every person having under his control a child
between eight and fourteen years o f age shall cause such child
to attend school or receive instructions as required by this sec
tion. Children over fourteen years o f age and under the age
of sixteen years, and every person having under his control such
a child shall be subject to the requirements o f this section, unless
such children are regularly and lawfully employed to labor at home
or elsewhere: Provided, however, That this section shall not apply
to Baltimore city : Provided further, That this section shall apply
only in those counties where the board o f county school commis
sioners shall approve the same and appoint an attendance officer
or attendance officers for its enforcement as provided in this act.
Sec. 125. Any person who has a child under his control and who Violations,
fails to comply with any o f the provisions o f the preceding sec
tions 124 and 124a, shall be deemed guilty o f a misdemeanor and
be fined not exceeding five dollars for each offense.
Sec. 126. Any person who induces or attempts to induce any lin5jlencelg de
child to absent himself unlawfully from school, or employs or
harbors while school is in session any child absent unlawfully
from school shall be deemed guilty o f a misdemeanor, and be
fined not more than fifty dollars.
Sec. 130. It shall be the duty o f the police commissioners o f Recor<?s.
Baltimore city at the same time that the census of legal voters
in said city is taken under their direction as provided by section
17 o f article 33 of the Code of Public General Laws, also to cause
to be made by the members o f the force under their control annu
ally a separate record o f the full name, age, color and sex o f
every child between six and sixteen years o f age in each precinct
o f the said city, and the place where and the year and month
when such children last attended school, together with the name
and address of the parents, guardians or persons in parental rela
tion, and of employers o f such children, which record shall be
furnished by said police commissioners to the board o f school
commissioners o f Baltimore city. Whosoever has under his con
trol a child between said ages and withholds information in his
possession from any officer demanding it relating to the items
aforesaid or makes any false statement in regard to the same,
shall be deemed guilty o f a misdemeanor and be fined not more
than twenty dollars.
Sec. 137. Attendance officers may visit all establishments where Enforcement,
minors are employed in their several cities and counties, and
BULLETIN OF THE BUREAU OP LABOR.
88
V io la tio n s.
E xem p tion s.
ascertain whether any minors are employed therein contrary to
law. Attendance officers may require that the certificates pro
vided for in article 100 o f the Code o f Public General Laws of
Maryland relating to minors employed in such establishments
shall be produced for inspection.
Sec. 138. Any person violating any provisions of this subtitle
where no special provision as to the penalty for such violation is
made, shall be deemed guilty of a misdemeanor and be fined not
exceeding fifty dollars for each offense.
Sec. 4. * * * Nothing in this act shall be taken to apply to
Howard, Kent, Anne Arundel, Worcester, St. Mary’s and Somer
set Counties, but the existing laws which this act undertakes to
repeal and reenact shall remain in force as far as they now apply
to the said Howard, Kent, Anne Arundel, Worcester, S t Mary’s
and Somerset Counties.
Approved April 9, 1912.
C hapter 441.—Miners’ hospital.
B u ild in g p ro
vided fo r .
Section 1. The sum of $25,000 is hereby appropriated for the
purpose o f building a hospital to be known as the Miner’s Hos
pital, in the city o f Frostburg, Allegany County, payable out o f
any funds in the treasury available for that purpose, said sum of
money to be used for the purpose o f building and furnishing the
said Miner’s Hospital under the direction o f the directors here
inafter provided for, the same to be as far as possible maintained
P u rp ose.
as an emergency hospital for the use o f persons injured in acci
dents in mines in the neighboring regions.
P ow ers
o f
Sec. 4. The board of directors o f the Miner’s Hospital shall
board.
have the power to hold title to such lands as may be necessary
for the purpose o f erecting and maintaining the Miner’s Hospital
upon the same, and shall be empowered to receive bequests and
devises subject to the general laws of the State o f Maryland, for
the purpose of operating and maintaining said hospital in
Frostburg.
Same
sub
S ec. 5. The said board o f directors o f the Miner’s Hospital shall
je c t.
have the power and authority to employ competent persons to
draw plans, to build and furnish said hospital, to employ and
discharge such agents and servants as they shall deem necessary
in the maintaining and operating o f said Miner’s Hospital, and
to pass such rules and regulations as they see fit for the receiving
and discharging o f patients, and the amount to be charged for
the care of the same, and the operation and government o f said
hospital.
Sec. 6 . The sum o f $5,000 shall be paid by the treasurer o f the
M a in ten a n ce.
State of Maryland out o f such funds as may be available, in
quarterly installments, from the time that the said hospital shall
be opened for the reception o f patients, provided such time shall
be before January 1, 1914, for the maintenance o f said hospital
until the next session of the General Assembly o f Maryland.
Approved April 8 , 1912.
C hapter 445.—Miners' cooperative insurance fund—Allegany amd
Garrett Counties.
Fund
lished.
Section 1. Sections 3 and 7 o f article 1 o f the Code o f Public
Local Laws o f Maryland, title “Allegany County,” and article 12,
title “ Garrett County,” subtitle “ Miners and Operators’ Coopera
tive Relief Fund,” as the same was enacted by chapter 153 o f the
Acts o f the General Assembly o f Maryland passed in the year
1910, is [are] hereby repealed and reenacted so as to read as
follow s:
esta b
Section 3. There is hereby created for Allegany and Garrett
Counties, respectively, a fund for the relief and sustenance of
employees and their dependents, when such said employees have
sustained injuries or disability in the discharge o f their duty,
and for the relief and sustenance o f the dependents o f such em-
LABOR LEGISLATION OF 1912----MARYLAND.
89
ployees when death has resulted from such injuries, said fund to
be made up o f the proceeds o f the tax hereinafter levied and the
increments from the investments thereof, as well as such dona
tions and legacies as may be made thereto.
In order to create and maintain said fund a tax is hereby C o n t r i b u levied and imposed upon each operator and employee as follow s: tionsUpon each employee in Allegany County a tax o f twenty-seven
cents and upon each employee in Garrett County a tax o f thirtyeight cents for each month or fraction o f a month that he is
employed by any operator, and upon each operator in Allegany
County a tax of twenty-seven cents and in Garrett County a tax
o f thirty-eight cents for each month or fraction of a month in
respect o f each employee paying the tax aforesaid and employed
by said operator in Allegany and Garrett Counties.
Such tax shall be due and payable monthly to the treasurer o f D e d u c t i o n s
Allegany and Garrett counties, respectively, in which the mine i s from w ages,
operated, and payable on or before the twenty-fifth day o f the
month next succeeding the month for which such tax is payable.
In order to secure the effectual payments o f such tax each oper
ator is authorized and required to deduct and retain from the
wages of each employee employed by him on his pay rolls in
Allegany County the sum o f twenty-seven cents and in Garrett
County the sum of thirty-eight cents per month or fraction o f a
month if said employee be employed for less than a month and
on or before the fifteenth day o f the month next succeeding the
month for which such deduction is made shall make a report of
the number of employees so employed, under oath to the treas
urers of Allegany or Garrett Counties, where the particular mine
is located. And on or before the twenty-fifth day o f said suc
ceeding month shall pay over into the treasurer o f Allegany or
Garrett County, as the case may be, the total amount so deducted
and retained from the wages of the employees for the preceding
month, together with a like amount to be paid by the operator.
It shall be the duty o f the county commissioners o f Allegany and
Garrett Counties, respectively, to enforce, by appropriate remedies,
the collection and payment o f the tax hereby levied; and to all
taxes in default there shall be added and collected interest at the
rate of six per centum per annum from the date when due.
S e c . 7 . When the assessments imposed and collected by the
T a x e s om ittreasurer o f Allegany County shall amount to thirty-five thou- ted> whensand dollars surplus and in Garrett County shall amount to fifteen
thousand dollars surpus [surplus] over and above the pending
and accrued claims on the same under this act, such treasurer
shall report the fact to the county commissioners o f their respec
tive county; whereupon the said board o f county commissioners
are hereby empowered and directed to remit temporarily the taxes
hereby imposed from month to month, as long as (and no longer)
such surplus shall exceed thirty-five thousand dollars in Allegany
County and fifteen thousand dollars in Garrett County, and when
it shall be reduced to said sums or under, mentioned above, the
said tax shall become again payable as provided by this act. It
shall be the duty o f the treasurer of his respective county to invest
under the orders of the county commissioners any surplus above
the sum o f two thousand dollars in his hands, in such public
bonds as said commissioners may direct, and to credit such fund
with the interest derived therefrom; and upon the retirement from
office or any disqualification to act o f such treasurer the entire
fund, including such bonds and the books and papers pertaining to
such fund, shall be delivered by such treasurer to his successor
in office, who shall receipt for the same.
Approved April 8 , 1912.
C h a p t e r 7 3 1 . —Employment of children— General provisions.
S e c t i o n 1. Section 4 o f article 100 of the Code of Public General
S ection s
Laws o f Maryland, title “ Work, hours of, in factories,” as re-Pealedpealed and reenacted with amendments by chapter 192 of the Acts
re-
90
BULLETIN OF THE BUREAU OF LABOR.
of the General Assembly of Maryland for 1000, and sections 5 to
1 2 , both inclusive, o f said article 100 , as enacted by chapter 192
of the Acts of the General Assembly of Maryland for 1906, and
section 4 o f said chapter 192 o f the Acts of the General Assembly
of Maryland for 1906, are hereby repealed, and in lieu o f said
sections so repealed the following 47 new sections, to be known
as sections 4 to 50, both inclusive, of said article 100, title “ Work,
hours of, in factories,” subtitle “ Employment o f minors,” are
hereby enacted, to read as follow s:
A g e limit:
Section 4. No child under 14 years of age shall be employed,
14 years.
permitted or suffered to work in, about, or in connection with any
mill, factory, workshop, mechanical establishment, tenement house
manufactory or workshop, office building, restaurant, bakery, bar
ber shop, hotel, apartment house, bootblack stand or establishment,
public stable, garage, laundry, or as a driver, or in any brick or
lumber yard, or in the construction or repair of buildings, or as a
messenger for telegraph, telephone, or messenger companies.
12 years.
Sec. 5. No child under 12 years o f age shall be employed, per
mitted or suffered to work in, about, or in connection with any
canning or packing establishment, mercantile establishment, store,
office, boarding house, place of amusement, club or in the distribu
tion, transmission or sale o f merchandise.
E m p loy m en t
S e c . 6 . It shall be unlawful for any person, firm or corporation
hours8’ sch° o1 to employ, permit or suffer to work for hire or remuneration any
child under fourteen years of age in any business or service what
ever during any o f the hours when the public schools o f the dis
trict in which said child resides are in session, unless snid child
shall have previously fulfilled during the current school year
such requirements as to school attendance as now or may here
after be prescribed by law.
Occupations
gEC. 7 . No child under the age o f sixteen years shall be emforb
.
irioyed, permitted or suffered to work at any o f the following occu
pations, or in any of the following positions: Adjusting any belt to
any machinery; sewing or lacing machine belts in any workshop or
factory; oiling, wiping or cleaning machinery or assisting therein;
operating or assisting in operating any of the following machines:
Circular or band saws, wood shapers, wood jointers, planers,
sandpaper or wood-polishing machinery, wood-turning or boring
machinery, picker machines or machines used in picking wool,
cotton, hair or any other material, carding machines, paper-lace
machines, leather-burnishing machines, job or cylinder printing
presses operated by power other than foot power, boring or drill
presses, stamping machines used in sheet-metal and tinware or in
paper and leather manufacturing or in washer or nut factories,
metal or paper cutting machines, corner-staying machines in paperbox factories, corrugating rolls, such as are used in corrugated
paper, roofing or washboard factories, steam boilers, dough brakes
or cracker machinery of any description, wire or iron straighten
ing or drawing machinery, rolling-mill machinery, power punches
or shears, washing, grinding or mixing machinery, calender rolls
in paper and rubber manufacturing, laundering machinery; or in
proximity to any hazardous or unguarded belts, machinery or
gearing; or upon any railroad, whether steam, electric or hy
draulic; or upon any vessel or boat engaged in navigation or
commerce.
Same s u b S e c . 8 . No child under *the age of sixteen years shall be emject*
ployed, permitted or suffered to work in any capacity in, about or
in connection with any processes in which dangerous or poisonous
acids are used; nor in the manufacture or packing of paints,
colors, white or red lead; nor in soldering; nor in occupations
causing dust in injurious quantities; nor in the manufacture or
use of dangerous or poisonous dyes, nor in the manufacture or
preparation o f compositions with dangerous or poisonous gases;
nor in the manufacture or use of compositions o f lye in which the
quantity thereof is injurious to health; nor on scaffolding; nor in
heavy work in the building trades; nor in any tunnel or excava
tion; nor in, about or in connection with any mine, coal breaker,
LABOR LEGISLATION OF 1912— MARYLAND.
91
coke oven, or quarry; nor in assorting, manufacturing or packing
tobacco; nor in operating any automobile, motor car or truck;
nor in a pool or billiard room; nor in any other occupation dan
gerous to the life and limb, or injurious to the health or morals
of such child; nor shall any child under the age of sixteen years
be employed upon the stage o f any theater or concert hall or in
connection with any theatrical performance or other exhibition 01*
show: Provided, That the chief o f the Maryland Bureau o f Sta
tistics and Information may issue a permit allowing a child under
such age to appear in connection with theatrical performances or
other exhibition or show, for a period not exceeding two weeks,
when, in his opinion, such permit is justified by the evidence pre
sented to him.
Sec. 9. No child under sixteen years of age shall be employed, F ile s of ceppermitted or suffered to work in, about or in connection with any tificates.
establishment or occupation named in section [s] 4 and 5 unless the
person, firm or corporation employing such child procures and
keeps on file, and accessible to any attendance officer, inspector
of factories, or other authorized inspector or officer charged with
the enforcement of this act, the employment certificate as here
inafter provided, issued to said child; and keeps two complete
lists of the names, together with the ages, of all boys under six
teen years of age and all girls under eighteen years of age em
ployed in or for such establishment or in such occupation, one
on file and one conspicuously posted near the principal entrance
of the place or establishment in which such children are em
ployed; and unless such employment, permission or sufferance to
work in, about or in connection with said establishments or oc
cupations shall be in accordance with the terms and regulations
laid down for said employment certificates as hereinafter pro
vided.
Sec. 10. Attendance officers, inspectors of factories, or other Inspection
authorized inspectors or officers charged with the enforcement of llsts> etcof this act shall require that the employment certificates and
lists provided for in this act be produced for their inspection.
S e c . 11. On termination o f the employment of a child under sixC e r t if i c a t e s
teen years of age, the employment certificate issued to such child t o he returned,
shall be returned by registered mail by the employer to the of
ficial issuing the same within twenty-four hours if said return is
demanded by said child and otherwise within fifteen days of the
termination o f said employment, and the official to whom said cer
tificate is so returned shall file said certificate and preserve the
same, and on the return of said certificate shall notify the chief
of the bureau of statistics and information o f said return. Any
child whose employment certificate has been returned as above
provided shall be entitled to a new certificate without reexamina
tion except a physician’s certificate that the child is physically
able to undertake the work for which the new certificate is to be
issued, and such reissue o f a certificate shall be subject to all con
ditions as to recording and reporting governing the original issue.
S e c . 12. An employment certificate shall be issued in Baltimore
who i ssue
city only by the chief o f the Maryland Bureau of Statistics and ce rtifica te s.
Information, and in the counties by said chief or by the county
superintendent of schools o f the county in which said child re
sides, or is employed, or by some person designated in writing
by said superintendent. The employment certificate shall be is
sued only upon the application in person of the parent, guardian
or legal custodian o f the child desiring such employment, or if
said child have no parent, guardian or legal custodian, then by next
friend, but no certificate shall be issued by any person for any
child then in, or about to enter such person’s own employment,
or the employment o f a firm or corporation o f which said person
is a member, officer or employee. Employment certificates shall
be o f two classes: General employment certificates and vacation
employment certificates. General employment certificates shall en
title the child to work during the entire year; vacation employment
certificates shall entitle the child to work during the entire year,
92
Dat a
qu ired .
BULLETIN OF THE BUREAU OF LABOR.
re-
excepting during such time as said child is required to attend
public or private schools under the provisions of the laws now in
force, or hereafter to be enacted.
S e c . 13. The person authorized to issue a general employment
certificate shall not issue such certificate until he has received,
examined, approved and filed the following papers, duly exe
cuted, viz:
(1) The school record o f such child properly filled out and
signed, as provided in this act, which school record shall be fur
nished without charge to any child applying therefor by the su
perintendent or teacher in charge o f the school or schools attended
by said child.
(2) A certificate signed by a physician appointed by the officer
authorized to issue such permit stating that such child has been
examined by him, and, in his opinion, has reached the normal
development o f a child o f its age, and is in sufficiently sound
health and physically able to be employed in the occupation or
process for which a permit is applied for.
(3) Evidence o f age showing that the child is fourteen years
old or upwards, which shall consist o f one o f the following proofs
o f age and shall be required in the order herein designated as
follow s:
(a) A duly attested transcript o f the birth certificate filed
according to law with a register of vital statistics, or other officer
charged with the duty o f recording births, which certificate shall
be prima facie evidence of the age of such child.
(b) A passport or a duly attested transcript o f a certificate of
baptism showing the date of birth and place o f baptism o f such
child.
(c) In case none o f the above proofs o f age can be produced,
other documentary evidence o f age which shall appear to be
satisfactory to the officer issuing the certificate (aside from the
school record o f such child or the affidavit o f parent, guardian,
legal custodian or next friend), may be accepted in lieu thereof.
In such case a school census or enumeration record, duly attested,
may be used as proof o f age in the discretion o f the officer issu
ing the certificate.
(d ) In case no documentary proof o f age o f any kind can be
produced, the officer issuing the certificate may receive and file
an application signed by the parent, guardian, legal custodian or
next friend of the child for physician’s certificate. Such applica
tion shall contain the name, alleged age, place and date of birth,
and present residence o f the child, together with such further
facts as may be o f assistance in determining the age of such
child, and shall contain a statement certifying that the parent,
guardian, legal custodian, or next friend, signing such applica
tion, is unable to produce any of the documentary proofs o f age
specified in the preceding subdivision o f this section. Such ap
plication shall be filed for not less than ten days to enable the
person authorized to issue certificates to investigate the truth of
the statements contained in said application, and in case no facts
appear within such period of ten days discrediting or contra
dicting any material statement o f such application, the person
authorized to issue certificates shall direct the physician herein
before provided for to add to his statement as to the physical
condition of said child a certificate stating whether said child is,
in the opinion o f said physician, of the full age o f 14 years; and
in case said physician shall so certify that said child is, in his
opinion, at least of the full age o f fourteen years, said person
authorized to issue certificates shall accept said physician’s cer
tificate as sufficient proof o f the age of such child for the pur
poses o f this section.
The officer issuing the certificate shall require the evidence of
age specified in subdivision (a ) in preference to that specified in
any subsequent subdivision and shall not accept the evidence of
age permitted by any subsequent subdivision unless he shall
receive and file in addition thereto an affidavit of the parent,
LABOR LEGISLATION OF 1912----MARYLAND.
93
guardian, legal custodian or next friend, showing that no evi
dence of age specified in any preceding subdivision or subdi
visions of this section can be produced. Such affidavit shall con
tain the age, date and place of birth, and present residence of
such child.
S e c . 14. No general employment certificate shall be issued until
P e rso n a l apthe child* in question has personally appeared before and been Pearanceexamined by the officer issuing the certificate, nor until such offi
cer, after making such examination, has signed and filed in his L ite ra cy ,
office a statement that the child can read intelligently and write
legibly simple sentences in the English languages [language].
V a c a tio n em Sec. 15. The person authorized to issue a vacation employment ^ ^ te g
CGI
certificate shall not issue such certificate until the child in ques
tion has personally appeared before said person authorized to is
sue said certificate, and until said person so authorized has re
ceived and filed the following papers duly executed, viz:
(1) Evidence of age, showing that said child is 12 years old or
upwards, which evidence of age shall consist o f A, B or C as set
forth in section 13 above, or in lieu o f said evidence A, B or C,
in case they can not be prevented [presented], a statement from
a regular physician designated by said person authorized to issue
said certificate, certifying that he has examined- said child, and
that in his opinion said child is o f the age o f 1 2 years or upward,
together with the affidavit o f the parent, guardian, legal custodian
er next friend of such child, that such child is above the age o f
1 2 years.
(2) A statement from a regular physician designated' as above,
certifying that he has examined said child, and that in his opin
ion said child is physically able to undertake the work for which
said certificate is to be issued.
S e c . 16. All employment certificates shall be issued on forms
F orm s, etc.,
supplied* by the bureau o f statistics and information. All certifi- of ce rtifica te s,
cates issued in Baltimore city shall be in duplicate and one copy
shall be retained together with the preliminary papers required
by sections 13 and 15 above in the files of said bureau for the
period of four years from the date of issue. All certificates issued
in any o f the counties o f Maryland shall be made out in triplicate
and one copy, together with the preliminary papers required by
sections 13 and 15 shall be delivered by the person issuing said
certificate to the county superintendent of schools who shall pre
serve said documents for the period o f four years from their date
of issue, or in event of his death, resignation or removal, said
papers shall be delivered to his successor and by him preserved;
and the third copy o f said certificate shall be delivered by the
person issuing the same to the bureau of statistics and information
and shall be preserved in the files of said bureau for the period
o f four years from the date of said issue. Whenever a certificate R e f u s a l of
shall be refused to any child, a statement o f the name and ad- certifica te,
dress of said child, together with reasons for the refusal of said
certificate and the school which said child should attend, shall be
forwarded by the person refusing to issue said certificate to the
county superintendent of schools o f the county in which said child
resides, if said child resides in one of the counties o f this State,
and to the bureau of statistics and information and said state
ments shall be placed1 on file and preserved until such time as
such child, if living, shall have reached the full age o f sixteen
years. All employment certificates shall also contain the name E m p loy m en t
and address of the prospective employer and the nature of the to be specified,
occupation in which said child is to be engaged, and no certificates
shall be valid excepting in the hands of the employer so named
and for the occupation so described.
Sec. 17. The school record required by this act shall be filled
School recout and signed by the principal or chief executive officer of the ordschool which such child has last attended and shall be furnished
to a child who after due examination and investigation may be
entitled thereto; it shall contain a statement certifying that the
child has regularly attended the’ public schools or private or
94
BULLETIN OF THE BUREAU OF LABOR.
parochial schools for not less than such a minimum period of
attendance as is now or may hereafter be prescribed by law
during any period of twelve months after such child shall have
arrived at the age of thirteen years and that such child is able
to read intelligently and write legibly simple sentences in the
English language, and has completed a course o f study equivalent
to five yearly grades in reading, spelling, writing [,] English lan
guage and geography, and is familiar with the fundamental opera
tion of arithmetic up to and including fractions. Such school rec
ord shall give the name, date o f birth and residence o f the child as
shown on the records of the school and the name o f the parent
or guardian or custodian.
The provisions of this section relating to school attendance shall
not be enforced against any child who has been granted a permit
under the provisions of chapter 192 o f the act o f 1906: Provided,
however, That such child is able otherwise to meet the educational
requirements o f this section.
W ho to fu r
S e c . 18. Certificates and other papers required in the issue o f
n ish form s.
employment certificates shall be formulated by the bureau o f sta
tistics and information and furnished by it to the superintendents
of schools o f the various counties o f this State: Provided, That
the preliminary papers required under sections 13 and 15 o f this
article shall be sufficient if they state fully the facts called for
by said sections, and shall not be rejected because they are not
upon the forms furnished by the bureau of statistics and infor
mation.
P o w e r o f in
S e c . 19. An inspector o f factories, or attendance officer or other
sp ectors, etc.
officers charged with the enforcement o f this act may make de
mand on any employer in or about whose place or establishment
a child apparently under the age of sixteen years is employed or
permitted or suffered to work, and whose employment certificate
is not filed as required by this act, that such employer shall either
furnish to the person authorized to issue a certificate for said
child within fifteen days satisfactory evidence that such child
is in fact over sixteen years of age, or shall cease to employ, or
permit o r suffer such child to work in such place or establish
ment. The person authorized to issue said certificate shall re
quire from such employer the same evidence of age o f such child
as is required upon the issuance o f an employment certificate and
the employer furnishing such evidence shall not be required to
furnish any further evidence of the age o f the child.
F a i l u r e to
S e c . 20. In case any employer shall fail to produce and deliver
p rod u ce c e r
to the proper authorities within fifteen days after demand made
tifica te.
pursuant to section 19 of this act, the evidence of age therein
required, and shall thereafter continue to employ such child or
permit or suffer such child to work in such place or establishment,
proof of the making of such demand and of such failure to pro
duce and deliver such evidence shall be prima facie evidence of
the illegal employment of such child in any prosecution brought
therefor.
C h ildren u n
Sec. 21. No child under the age of eighteen years shall be em
d er 18.
ployed, permitted or suffered to work in, about or in connection
with blast furnaces, docks or wharves; or in the outside erection
and repair of electric wires; in the running or management of
elevators, lifts or hoisting machines or dynamos; in oiling or
cleaning machinery in motion; in the operation of emery wheels
or any abrasive polishing or buffing wh^el [where] articles of the
baser metals or iridium are manufactured; at switch tending, gate
tending, track repairing or as brakemen, firemen, engineers, motormen or conductors upon railroads, or as railroad telegraph oper
ators; pilots, firemen or engineers upon boats and vessels; or in
or about establishments where nitroglycerin, dynamite, dualin,
guncotton, gunpowder or other high or dangerous explosives are
manufactured, compounded or stored; or in the manufacture of
white or yellow phosphorus or phosphorus matches; or in any
distillery, brewery or other establishment where malt or alcoholic
liquors are manufactured, packed, wrapped or bottled; or in any
95
LABOR LEGISLATION OF 1912----MARYLAND.
theater, concert hall, club or other place o f amusement wherein
intoxicating liquors are sold.
Sec. 22. No minor under twenty-one years o f age shall be em
ployed, permitted or suffered to work in, about or in connection
with any saloon or barroom where intoxicating liquors are sold.
S ec. 23. No female under eighteen years o f age shall be em
ployed, permitted or suffered to work in any capacity where such
employment compels her to remain standing constantly.
Sec. 24. In cities having a population o f 20,000 or over no per
son under the age o f eighteen years shall be employed, permitted
or suffered to work as a messenger for telegraph, telephone or
messenger companies in the distribution, transmission or delivery
of goods or messages before six o’clock in the morning or after
ten o’clock in the evening o f any day.
Sec. 25. Every employer shall post and keep posted in a con
spicuous place in every establishment wherein any person under
the age o f eighteen is employed, permitted or suffered to work, a
printed copy o f the sections of this act relating to hours o f labor.
Such copies shall be prepared by the Maryland Bureau o f Sta
tistics and Information and be furnished by it on application o f
such employer.
Sec. 26. No boy under 12 years o f age and no girl under 16
years of age shall in any city having a population of 20,000 or
over distribute, sell, expose or offer for sale newspapers, maga
zines or periodicals in any street or public place, provided that
nothing herein shall be construed to forbid the serving o f news
papers on a regular route by boys under said age, provided said
service shall not be made during the hours when the public schools
of said city are in session.
S ec. 27. No boy under fourteen years o f age and no girl under
sixteen years o f age shall in any city having a population o f
20,000 or over be employed or permitted or suffered to work at
any time as a bootblack or in any other trade or occupation per
formed in any street or public place, or in the distribution of hand
bills or circulars, or any other articles except newspapers, maga
zines and periodicals as herein provided.
Sec. 28. No boy under sixteen years of age shall have authority
in his discretion 1 in any city having a population o f 20,000 or
over distribute, sell, expose or offer for sale in any street or public
place any newspapers, magazines or periodicals or work in any
of the trades or occupations mentioned in section 27, unless he
complies with all o f the legal requirements concerning school
attendance and unless a permit and badge as hereinafter provided
shall have been issued to him by the officer authorized to issue
employment permits under this act, upon the application in person
of the parent, guardian or custodian o f the child desiring such
permit and badge, or in case said child has no parent, guardian or
custodian, then upon the application o f his next friend, being an
adult.
Sec. 29. Such permit and badge shall not be issued until the
M in ors.
F em ales
d e r 18.
un
Messenger
se rv ice .
Law
p o ste d .
to be
N ew sboys.
B o o tb la c k s ,
e tc.
Badges for
new sb oys.
officer issuing the same shall have received, examined, approved
and filed the following papers, duly executed, v iz :
(1) Evidence that such boy is of the age required by section
26 or 27, as the case may be. Such evidence of age shall consist
of the proof o f age required for the issuing o f an employment
certificate as specified in section 13, subdivision (3) of this article.
(2) The written statement of the principal or chief executive
officer o f the school which the child is attending, stating that such
child is an attendant at such school with the grade such child
shall have attained. After having received, examined and placed
on file such papers, the officer shall have authority in his dis
cretion to issue to the child a permit and badge: Provided, That
in the case o f a boy between the ages o f fourteen and sixteen
having an employment certificate, such certificate shall be ac1 T h e w ord s “ h a ve a u th o rity in h is d isc re tio n ” seem t o be a n in te rp o la
t io n b y error.
D a t a re
q uired.
96
BULLETIN OF THE BUREAU OF LABOR.
C ontents o f
p erm it, etc.
Badge.
cepted by the officer issuing such permit and badge in lieu o f any
other requirements. The officer issuing such permits and badges
shall keep a complete list of all children to whom permits and
badges have been issued as herein provided.
gEC< 30 . Such permit shall state the name and the date and place
^ birth 0f
c l l the name and address of the parent or
guardian or custodian or next friend making application for
such permit, and shall describe the color o f the hair and eyes, the
height and weight, and any distinguishing facial marks of such
child, and shall further state that the papers required by the pre
ceding sections have been duly examined and signed, and that the
child named in such permit has personally appeared before the
officer issuing the permit. The badge furnished by the officer issu
ing the permit shall bear on its face a number corresponding to
the number o f the permit and the name o f the child. Every such
permit and every such badge on its reverse side shall be signed
in the presence o f the officer issuing the same by the child in
whose name it is issued.
Sec. 31. The badge provided for herein shall be worn conspicu
ously at all times by such child while so working. All such
permits and badges shall expire annually on the first day o f Jan
uary, and no such permit or badge shall be authority beyond the
period fixed therein for its duration. The color o f the badge
shall be changed each year.
No child to whom such permit and badge are issued shall trans
fer the same to any other person. He shall exhibit the same upon
demand at any time to any officer charged with the duty o f en
forcing the provisions o f this act relating to street trades.
Time newsSec. 3 2 . No child under sixteen to whom a permit and badge
boys may sen. are iSSlie(j as provided for in the preceding sections of this act
shall distribute, sell, expose, or offer for sale, any newspapers,
magazines or periodicals, or work at any of the trades or occupa
tions mentioned in section 27 in any street or public place after
eight o’clock in the evening, or before six o’clock in the morning
nor during the hours when the public schools in the city in which
such child resides are in session, unless provided with an em
ployment certificate.
V io la tio n s
ch ild ren .
by
E n forcem en t.
gEC. 3 3 . Any child in any city having a population of 20,000 or
over who shall distribute, sell, expose or offer for sale newspa
pers, magazines or periodicals, or shall work at any o f the trades
or occupations mentioned in section 27 in violation o f any of the
provisions of this act shall be deemed delinquent and may be
arrested by any officer or inspector charged with the enforcement
of this act or by any probation officer o f a juvenile court and
brought before the juvenile court if there be any juvenile court
in the city where such child resides, or, if not, before any court
or magistrate having jurisdiction over offenses committed by chil
dren, and shall be dealt with according to law. Upon the recom
mendation of the principal or chief executive officer of the school
which such child is attending or upon the complaint of any officer
charged with the duty o f enforcing this act, or of any police
officer, attendance officer or probation officer of a juvenile court,
the permit o f any child who violates any of the provisions of this
act, or who becomes delinquent or fails to comply with all the
legal requirements concerning school attendance, may be revoked
by the officer issuing the same for a period o f six months, and
the badge taken from such child. The refusal o f any child to
surrender such permit and badge, or the working at any o f the
occupations above mentioned in any street or public place by any
child after notice o f the revocation o f such permit, shall be
deemed a violation o f this act.
S e c . 3 4 . Inspectors of factories, attendance officers and others
[other] authorized inspectors may, within their respective dis
tricts or jurisdictions, visit and inspect at any time any place of
employment mentioned in this act, and shall ascertain whether
any minors are employed therein contrary to the provisions of
this act; and shall report weekly all cases of illegal employment
LABOR LEGISLATION OF 1912----MARYLAND.
97
to the officer authorized to issue employment certificates in the
county or Baltimore city wherein said child shall reside, and shall
also report weekly said cases o f illegal employment to the county
superintendent of schools, or to the board o f school commissioners
of Baltimore city having jurisdiction over the school which said
child should attend. It shall be the duty of factory inspectors,
attendance officers and other officers charged with the enforcement
o f this act, to make complaints against any person violating any
of the provisions o f this act and to prosecute the same. This shall
not be construed as a limitation upon the right o f other persons
to make and prosecute such complaints.
S e c . 35. A failure by an employer to produce to an attendance
E vid e n ce ,
officer, factory inspector or other authorized inspector or officer
charged with the enforcement of this act, any employment certifi
cate or list required by this act shall be prima facie evidence of
the illegal employment o f any child whose employment certificate
is not produced or whose name is not so listed.
S e c . 36. Nothing in this act shall prevent children o f any age
industrial
from receiving industrial education furnished by the United e d u ca tio n .
States, by this State, or by any city or town in this State, or by
any private or parochial school, and duly approved by the State
board of education or by other duly constituted public authority.
S e c . 3 7 . Any person, firm or corporation, agent or manager of
V io la tio n s by
any firm or corporation, who, whether for himself or for such emp oyersfirm or corporation, or by himself, or through agents, servants or
foremen, employs any child, and whoever having under his control
as parent, guardian, custodian or otherwise, any child, permits or
suffers such child to be employed or to work, in violation o f any
o f the provisions o f this act, shall, for a first offense be punished
by a fine o f not more than fifty dollars; for a second offense by
a fine of not more than two hundred dollars, or by imprisonment
for not more than thirty days or by both such fine and im
prisonment.
S e c . 3 8 . Whoever continues to employ any child in violation
C o n t in u in g
of any o f the provisions o f this act, after being notified thereof offenses,
in writing by a factory inspector, attendance officer or other offi
cer charged with the enforcement o f this act, shall, for every
day thereafter that such employment continues, be fined not more
than twenty dollars.
Sec. 39. Any person, firm or corporation retaining an employ
ment certificate in violation of section 1 1 of this act shall be fined
not more than fifty dollars.
S e c . 4 0 . Every employer who fails to procure and keep on file
P e n a lty ,
employment certificates for all children employed under the age
of sixteen years, or who fails to keep and post lists, as provided
in section 9 o f this act, shall be fined not more than one hundred
dollars.
Sec. 41. Any employer who fails to post and keep posted the F a i l u r e to
printed notices required by section 25 of this act in the manner post law.
therein specified shall be fined not more than fifty dollars.
Sec. 42. Any person, firm or corporation who hinders or delays H in d e rin g in any factory inspector, attendance officer, or any other officer sp e cto rs.
charged with the enforcement of any of the provisions of this act
in the performance of his or her duties, or refuses to admit or
locks out any such inspector or officer from any place which said
inspectors or officers are authorized to inspect shall be punished
by a fine of not more than two hundred dollars, or by imprison
ment for not more than thirty days tfr by both such fine and
imprisonment.
Sec. 43. Any inspector of factories, or other authorized in- V io la tio n s by
spector, attendance officer, superintendent of schools or other insPectors> etc*
person authorized to issue employment certificates or permits and
badges as required by this act, or other person charged with the
enforcement of any of the provisions of this act, who knowingly
and willfully violates or fails to comply with any of the pro
visions of this act, shall be fined not more than one hundred
dollars, and, if an employee of the bureau of statistics and in702440—Bull. 111—13------ 7
98
BULLETIN OF THE BUREAU OF LABOR.
formation, in addition thereto be subject to dismissal by the chief
of said bureau.
Sec. 44. Any person authorized to sign any certificate, affidavit
F a lse certifi
ca tion s.
or paper called for by this act, who knowingly certifies to any
materially false statement therein shall be fined not more than
one hundred dollars.
S e c . 45. Any child working in or in connection with any o f the
C h ildren re
fu s in g
in fo r establishments or place or in any of the occupations mentioned in
m ation .
this act, who refuses to give to the factory inspector or other
authorized inspector or attendance officer his or her name, age
and place of residence, shall be forthwith conducted by the in
spector or attendance officer before the juvenile court if there be
any juvenile court in the city or county where such child resides,
or if not, before any court or magistrate having jurisdiction of
offenses committed by children for examination and to be dealt
with according to law.
S e l l i n g to
S e c . 46. Any person who either for himself or herself or as
ch ild ren .
agent o f any other person or of any corporation, furnishes or
sells to any minor any article of any description with the knowl
edge that said minor intends to sell said article in violation o f the
provisions of this act, or who shall continue to furnish or sell
articles of any description to a minor after having received
written notice from any officer charged with the enforcement of
this act, or from the officer issuing the permit and badge required
by section 28, that said minor is unlicensed to sell such articles,
shall be punished by a fine o f not more than two hundred dollars
or by imprisonment for not more than thirty days, or by both such
fine and imprisonment.
F ees f o r p e r
Sec. 47. No fee shall be charged or collected from any minor,
m its, etc.
or from his parents, guardian, legal custodian or next friend, for
any service rendered by the bureau of statistics and information,
or by any school superintendent, or other officer issuing a permit,
or for any school certificate or physician’s certificate issued under
the provisions of this act; but in the counties the physician or
physicians designated by the superintendent of schools for each
county, shall be entitled to receive a fee of fifty cents for each
physician’s certificate issued by him under the provisions of this
article, said sum to be paid by the county commissioners of said
county on the warrant of the superintendent of schools of said
county.
In sp ectors.
S e c . 48. The chief o f the Maryland Bureau o f Statistics and
Information is hereby authorized to appoint eight inspectors to
carry out the provisions of this act at a compensation not ex
ceeding nine hundred dollars each per annum; they shall also be
allowed their actual expenses when away from the city o f Balti
more in the business o f their office; they shall be attached to and
be part o f the Maryland Bureau of Statistics and Information;
and be subject to the order o f the chief of said bureau, whose
duty it shall be to see that the provisions o f this act are enforced;
and said chief o f said bureau is further empowered to designate
one or more regular physicians, who shall be attached to and be
part of the Maryland Bureau of Statistics and Information and
be subject to the order of the chief of said bureau, who shall
have such duties and receive such compensation as shall be de
termined by said chief: Provided, however, That the total com
pensation o f all physicians so employed by said chief o f the
Maryland Bureau of Statistics and Information shall not exceed
twenty-five hundred dollars per annum and the salaries o f said
physicians shall be paid by the mayor and city council of Balti
more upon the warrant of the chief o f the Maryland Bureau of
Statistics and Information.
P o w e r as to
Sec. 49. All persons authorized to issue employment certificates
oa th s.
under this act are hereby authorized to take such affidavits or
administer such oaths as may be called for in the issuance of
certificates in this act, and are hereby forbidden to charge or
receive a fee therefor.
LABOR LEGISLATION OF 1912----MARYLAND.
Sec. 50. The sum of twelve thousand dollars per annum is
hereby appropriated to carry out the provisions of this act.
Sec. 4. This act shall take effect from and after December 1,
1912.
Approved April 11, 1912.
99
Appropria
tio n .
A c t in effect.
.—Compensation of workmen for injuries— Cooper
ative insurance.
C h a p te r 837
A g reem en ts
Section 1. It shall be lawful for any employer to make a con
tract in writing with any employee whereby the parties may to a cce p t law .
agree that [the] employee shall become insured against accident
occurring in the course o f employment which results in personal
injury or death, in accordance with the provisions o f this act,
and that in consideration o f such insurance the employer shall be
relieved from the consequences o f acts or omissions by reason of E ffe ct o n lia
which he would without such contract become liable toward such b ility .
employee or toward the legal representative, widow, widower, or
next o f kin of such employee.
Sec. 2. Such insurance shall be effected in some casualty com Wl i o may
r i t e in su r
pany organized under the laws o f the State o f Maryland or ad w
ance.
mitted to do business in this State, provided that any employer
employing not less than fifteen hundred (1,500) employees may E s t a b l i s h
establish an insurance fund from sums contributed by himself m en t fu n ds.
and his employees upon condition that he undertake and agree
to make up any deficiency in insurance benefits that may arise
out of the inadequacy of such fund. Such fund shall be invio
lably appropriated as a trust fund for the purpose o f such insur
ance and shall not be invested otherwise. Provision shall be
made for the election by the insured employees of an advisory
committee, which shall be kept informed regarding the state o f
the insurance fund, and shall have the right to examine the books
kept in connection therewith. Such books shall also be subject
to the inspection o f the insurance commissioner o f this State in
the same manner as books of insurance companies doing business
in this State.
Upon the request o f the employer or upon the request o f the ad
visory committee, the insurance commissioner shall act as deposi
tory o f the securities in which such funds may be invested.
I f any employer desires to discontinue an insurance fund main D i s c o n t i n u
tained by him, or if he discontinues his business without trans a nces.
ferring the same to a successor or assign, taking over and agree
ing to maintain such fund, he shall notify the insurance commis
sioner of his purpose, who shall thereupon supervise the disposi
tion of the insurance fund. Such fund shall be distributed among
those equitably entitled to it according to their contribution (not
taking into consideration expenses o f the management), and
where those entitled to any part of the fund can not be discov
ered or ascertained the money remaining unclaimed shall be paid
into the insurance department, to be held and disposed of as may
be provided by law.
The insurance commissioner shall be entitled to be paid out o f
such fund the reasonable expenses o f his supervision, including a
compensation not to exceed ten dollars per day for the time of any
person or persons (other than a salaried employee of his office)
employed by him for the purpose o f such supervision necessarily
spent in connection therewith.
Sec. 3. Such insurance shall cover the risk o f personal injury S co p e o f in
by accident arising out of and in course o f the employment result su ra n ce.
ing in death, provided death occur within twelve months from the
time o f such injury, or resulting in disability, whether the same
be total or partial, permanent or temporary. But no one shall
be entitled to any benefit hereunder where the injury is the
result of the employee’s intoxication, or willful and deliberate
act or deliberate intention to produce such injury.
Sec. 4. The insurance in case of death shall be for the benefit of Beneficiaries.
such persons being the widow, widower, father, mother, son or
100
B enefits.
D eath.
N o n fa ta l
ju ries.
BULLETIN OF THE BUREAU OF LABOR.
daughter, as are dependent wholly or in part for their support
upon the earnings o f such employee (all of which persons are
hereinafter designated as dependents o f such employee), or of
such of them as may be named in the contract or policy to which
it refers and the person for whose benefit such insurance is made
should be bound by the agreement authorized by the first section
o f this act.
S e c . 5. In order to satisfy the requirements o f this act, the
benefits payable under such insurance shall be at least as follow s:
(I ) In case o f death:
(a ) I f the employee insures for the benefit o f any dependent
wholly dependent upon his wages at the time o f his death, a sum
equal to his wages in the employment o f said employer during a
period o f three years next preceding the accident, but not less in
any case than the sum o f one thousand dollars: Provided, That
the amount o f any weekly payment made under such insurance or
any lump sum paid in redemption thereof, may be deducted from
such sum; and if the period of the employee’s employment by said
employer has been less than said three years, then the amount of
his earnings during said three years shall be deemed to be one
hundred and fifty-six times his average weekly earnings during
the period o f his actual employment by said employer.
(b) I f the employee insures for the benefit only o f persons
partly dependent upon his wages at the time o f his death, then a
sum equal to the payment provided for the benefit of persons
wholly dependent, less six times the average annual earnings;
or if employed for less than a year, then less three hundred times
the average weekly earnings of said dependent person or persons
partly dependent on his wages.
(c) If the employee leaves no dependents, then the reasonable
expenses o f his medical attendance shall be paid, and in addition
burial expenses not less than seventy-five dollars nor more than
one hundred dollars.
And the contract or policy therein referred to may provide for
the payment, instead of a lump sum, o f a weekly sum which, in
the case of persons wholly dependent, shall not be less than the
weekly payment in case of total disability hereinafter provided
for, and which, in case o f persons partly dependent, shall not be
less than the weekly payment in case o f total disability, less the
amounts earned by the persons partly dependent, and which sum
may be divided between the dependent in such a manner as such
contract or policy may provide or as may otherwise be agreed
upon; or such contract or policy may provide for a combination
of lump sums, weekly payment, or for the substitute of one for
the other.
(II) In case o f injury not resulting in death, when total dis
ability results from the injury, a weekly payment during the
period o f such disability shall be paid to the insured, which shall
not be less than fifty per cent of his average weekly wages during
the previous twelve months, if he has been so long employed by
the contracting employer; if not, then a weekly benefit during
such shorter period as he has been in the employment of said
employer.
(III) In case o f injury not resulting .in death, where partial
disability results, such weekly payments shall be made during the
period of such partial disability as is equal to the difference be
tween the weekly benefit payment, during the period of total
disability and the average amount which the injured person is
able to earn after the accident.
Loss by actual separation at or above the wrist or ankles of both
hands or both feet, or of one hand and one foot, or the irrevocable
loss o f both eyes, shall be deemed to be equal to total disability.
The loss by actual separation at or above the wrist or ankle of
one hand or foot shall be equal to one-half of total disability, and
the loss o f one eye shall be equal to one-fifth of total disability.
Total disability shall be deemed to mean inability to carry on any
gainful occupation.
LABOR LEGISLATION OF 1912----MARYLAND.
101
The contract or policy herein referred to may provide that no
benefits shall be paid in case o f any inquiry which does not in
capacitate the employee for a period o f at least one week from
earning full wages at the work at which he was employed at the
time of the accident.
Sec. 6. Any contract in order to satisfy the requirements of this C o n t r i b u
act shall provide that the employer shall contribute not less than tio n s.
fifty per cent of the insurance premiums and the employees shall
contribute the remainder of the premiums.
In case the employer provides any insurance fund out of contri
butions made by himself and his own employees as above provided,
such employer shall pay the whole of the expenses of the manage
ment of such fund, and all contributions shall be paid into such
fund without any deduction by reason of such expense.
Sec. 7. The contract may provide that upon penalty of for N o tice o f a c
feiture of the benefits of the insurances, the employee shall give cid ents.
reasonable and timely notice to his employer, to be fixed by the
terms of this contract, of any accident which may entitle him to
the benefit of such insurance; and that he shall submit himself
to medical examination as required by the employer at the em
ployer’s expense.
Sec. 8. The contract may provide that the premium payable by D e d u c t i o n s
fr o m w ages.
the employees shall be deducted from their wages.
An employer who shall willfully and feloniously appropriate the
amounts so deducted from the wages to any use other than the
payment of insurance premium as stipulated in the contract, shall
be guilty of embezzlement and shall be punished accordingly.
Sec. 9. The contract between the employer and employee may T rea su rer.
provide that the insurance premiums shall be paid into the hands
of a treasurer to be elected or appointed by the employees or by
the employer and the employees in such manner and under such
voting arrangement as the contract may specify.
The payment of the premiums to the treasurer shall relieve the
employer, and the penalty above prescribed for misappropriation
of the funds required to be applied to insurance shall apply to
such treasurer.
N on p a ym en t
S e c . 10. In case of nonpayment of the premiums within one
month after the same are payable, the insurance company shall o f prem ium s.
within two months after the expiration of such month send notice
of such default by mail to the insured and to the insurance com
missioner o f the State.
The insurance policy or contract between the employer and em
ployee may specify a shorter period than the one herein provided
for.
Until the required notice shall have been sent, the policy shall
not be forfeited for nonpayment of the premium.
Sec. 11. The employer may also advance the premiums of in A d va n ce s b y
surance for such number of employees and at such rates as may em p loyers.
be agreed upon between him and the insurance company, and may
thereupon be supplied by the insurance company with blank
policies to be filled in by him with name of any beneficiary under
the provisions of this act, and to be executed by him as agent
of such company, and he may thereupon reimburse himself for
the amounts payable by the employee by deducting the same from
the wages of such employee.
Sec. 12. Such contract may provide that upon termination of his T e rm in a tio n
employment from any cause whatever the employee and his de o f co n tra cts.
pendent shall cease to be entitled to the benefits of such insurance
except as regards accidents occurring before the termination of
his employment.
Sec. 13. Such contract may provide that any controversy re D isp u tes.
garding the extent of disability or the extent of dependency, or
any controversy between dependents as to the amounts payable
to them respectively, shall be settled by arbitration, the arbitra
tions [arbitrators] to be named by mutual consent of the parties;
and should the parties fail to agree upon an arbitrator, then the
arbitrator to be named by a judge of the circuit court of the
102
BULLETIN OF THE BUREAU OF LABOR.
county or city o f Baltimore in which the accident happened, and
the award o f such arbitrator shall be binding upon both employee
or his dependents, as the case may be.
Exemption
S e c . 1 4 . Any insurance paid in accordance with the provisions
m enetc
of tllis act slia11 not be liable to attachment by trustee, garnishee
or other process, and shall not be seized, taken, appropriated or
applied by any legal or equitable process or by operation of law,
to pay any debt or liability o f the insured or any beneficiary, nor
shall any claim to insurance money be assignable by payee before
the same is paid.
Failure to Sec. 15. A contract of insurance in pursuance of the terms of
guards!
e’ this act shall not relieve the employer from liability for any
accident directly due to his failure to supply any safeguard re
quired to be provided for the protection of employees, by or pur
suant to any statute or ordinance, or any regulation under any
statute or ordinance, unless it shall have been impossible to
comply with such requirement by the time the accident happened,
or unless the enforcement thereof has been suspended or [on]
order of a court of competent jurisdiction.
Forms to be Sec. 16. Every employer shall file with the insurance commisfiledsioner a copy of the form of contract and policy which he shall
use under the provisions of this act, and in the event of such form
being departed from in .any particular case shall also file a copy
of such particular contract.
I f he shall fail to do so, he shall be liable to a penalty o f fifty
dollars in each case, to be recovered in an action of debt in the
name o f the State.
portsarteily re
Sec- 17- a quarterly report o f all settlement and payment of
insurance benefits shall be filed by the employer with the insur
ance commissioner. I f such employer shall fail to make such
report in thirty days after demand by insurance commissioner,
he shall be liable to a penalty of fifty dolars [dollars], to be
recovered in an action of debt in the name o f the State.
Blanks.
Sec. 18. The insurance commissioner shall prepare blanks of
contract and policy complying with the provisions of this act, and
shall distribute the same, upon application, free o f charge.
Contracts
sec. 19. Nothing in this act contained, shall be construed as
d itio n o f em - authorizing any employer, any officer or agent o f such employer
p loym en t.
to require any employee or any person seeking employment, as a
condition o f such employment or of the continuance of such em
ployment, to enter into a contract, or to continue in such contract,
such as is authorized to be made by section 1 o f this act.
Act in effect, sec. 21. This act shall take effect and be in force from the date
of its passage.
Approved April 15, 1912.
MASSACHUSETTS.
ACTS OF 1912.
C hapter
S eats to
p rov id ed .
96.—Seats for female employees.
S e c t i o n 1. Chapter five hundred and fourteen of the acts o f the
year nineteen hundred and nine is hereby amended by striking
out section seventy-two and inserting in place thereof the follow
ing:
be
Section 72. Whoever employs women or children in any manufacturing, mechanical or mercantile establishment shall provide
for their use and permit them to use suitable seats whenever they
are not necessarily engaged in the active duties of their employ
ment, and. shall also provide for their use and permit them to use
suitable seats while they are at work, except in such cases and at
such times as the work cannot properly be performed in a sitting
position. Whoever violates the provisions o f this section shall
be punished by a fine o f not less than ten nor more than thirty
dollars for each offence.
Approved February 14, 1912.
LABOR LEGISLATION OF 1912— MASSACHUSETTS.
191.—
C hapter
103
Employment of children— Illiterates.
S e c t i o n 1. The third paragraph of section seventeen o f chapter
five hundred and fourteen of the acts of the year nineteen hun
dred and nine * * * is hereby amended * * * so as to
read as follow s:
“ Child ” or “ minor ” shall mean a person under eighteen years A g e f o r
of age, except that in regard to the compulsory attendance of illit- school attenderate minors at day or evening schools, the word “ minor ” shall ance*
mean a person under the age o f twenty-one years.
Approved March 2, 1912.
251.—
C h apter
Liability of employers for injuries to employees.
[This act amends section 132 o f chapter 514, Acts of 1909, relat
ing to notice of claim for recovery of damages, by adding thereto
the follow ing:]
Any form of written communication signed by the person so Form of no
injured, or by some person in his behalf, or by his executor or tice of claim*
administrator, or by some person in behalf o f such executor or
administrator, which contains the information that the person was
so injured, giving the time, place and cause of the injury or death,
shall be considered a sufficient notice.
Chapter
318.—
Guards for dangerous machinery.
1. Section ninety-four o f chapter five hundred and four
teen of the acts of the year nineteen hundred and nine is hereby
amended by striking out the said section and substituting the fol
lowing :
Section 94. The belting, shafting, gearing, drums, elevators and Guar^s to be
all machinery having movable parts in all factories, mechanical pr
establishments, workshops and mercantile establishments, if so
placed as, in the opinion of an inspector of factories and public
buildings, to be dangerous to employees therein while engaged in
their ordinary duties, shall be, so far as is practicable, securely
guarded. No machinery except steam engines in a factory, me
chanical establishment, workshop, or mercantile establishment
shall be cleaned while running if objection in writing is made by
one of said inspectors. All factories, mechanical establishments,
workshops and mercantile establishments shall be well lighted and
well ventilated, and shall be kept clean, and this last requirement
shall be enforced by the State inspectors o f health.
Approved March 25, 1912.
S e c t io n
C hapter
354.—
Liability of railroad companies for injuries to
employees.
S e c t i o n 1. Section sixty-three o f Part I, of chapter four hundred
and sixty-three of the acts o f the year nineteen hundred and six,
as amended * * * is hereby further amended * * * so
that the last two sentences of the said section will read as follow s:
If an employee of a railroad corporation, being in the exercise Ri g h t s of
of due care, is killed under such circumstances as would have sentatives.epie
entitled him to maintain an action for damages against such
corporation if death had not resulted, the corporation shall be
liable in the sum o f not less than five hundred nor more than ten
thousand dollars, in the same manner as it would have been if
the deceased had not been an employee. But no executor or ad
ministrator shall, for the same cause, avail himself of more than
one of the remedies given by the provisions of this section.
Approved April 1, 1912.
C hapter
358.—
Protection of employees as members of the militia,
etc.
S ection 1. Any person who willfully either deprives a member
Interference
of the militia or naval reserve of his employment, or denies him ment. emp y‘
employment, or prevents his being employed by another, or ob-
104
BULLETIN OF THE BUREAU OF LABOR.
structs or annoys him or his employer in respect o f his trade,
business, or employment, because o f such member’s connection
with the militia or naval reserve or because o f his necessary ab
sence from business in performance of his duty as such member,
and whoever dissuades any person from enlisting in the militia
or naval reserve by threat o f injury to him in respect o f his em
ployment, trade or business or of other injury, in case he shall so
enlist, shall be deemed guilty of a misdemeanor, and upon convic
tion thereof shall be punished by a fine not exceeding five hundred
dollars, or by imprisonment for a term not exceeding six months,
or by both such fine and imprisonment.
Approved April 1, 1912.
C h a p t er 363.—Retirement system for employees of the State.
Section 1. Section one of chapter five hundred and thirty-two
of the acts o f the year nineteen hundred and eleven is hereby
amended * * * so as to read as follow s:
Section 1. In this act, unless the context otherwise requires—
D e fin ition s.
(a) The words “ retirement system” mean the arrangements
provided in this act for the payment o f pensions.
(&) The word “ annuities ” means the payments for life derived
from money contributed by the employees.
(c)
The word “ employees” means permanent and regular em
ployees in the direct service of the Commonwealth or in the
metropolitan district service, whose only or principal employment
is in such service.
(cl) The word “ pensions” means the payments for life derived
from money contributed by the Commonwealth.
(e)
The words “ regular interest” mean interest at three per
cent per annum compounded semi-annually on the last days of
December and June, and reckoned for full three and six months’
periods only.
( / ) The words “ continuous service” mean uninterrupted em
ployment, with these exceptions: A lay off on account of illness or
reduction o f force, and a leave of absence, suspension or dismissal
followed by reinstatement within one year. As to appointees o f
the sergeant at arms the interval between sessions o f the general
court shall not be considered as breaking the continuity of service.
In the case of employees o f any department or institution for
merly administered by a city, county or corporation and later
taken over by the Commonwealth, service rendered prior to such
transfer shall be counted as a part of the continuous service for
the purposes of this act.
[Section 2 amends sec. 3 of the act named by increasing to 90
days the period of employment before employees become auto
matically members of the retirement association, instead o f 30 as
formerly. A new subsection numbered ( 6 ) is added to sec. 3, as
follow s:]
Employees of ( 6 ) Employees who are paid partly by the Commonwealth and
State117 and partly by a county having a retirement system shall be enrolled
as members of the State retirement association. Such employees
shall be assessed on their full wages or salaries and the assess
ments on the part of such wages or salaries paid by the county
shall be deducted by the treasurer o f the county and turned over
by him to the retirement association fund o f the Commonwealth.
When any such employee is retired under the provisions o f this
act the treasurer of the Commonwealth shall be reimbursed out
o f the treasury o f the county for a part o f the pension payments
to such employee equivalent to the amount o f the annuity payable
on the assessments on that part o f his wages or salary paid by
the county which was deducted and turned over to the retirement
association fund o f the Commonwealth in the manner hereinbefore
provided.
Sec. 3. Paragraph (3) of section four o f said chapter five hun
dred and thirty-two is hereby amended * * * so that said
paragraph will read as follow s;
LABOR LEGISLATION OP 1912— MASSACHUSETTS.
105
(3)
The State treasurer shall have charge and control of the C o n tro l of
funds of the system, subject to the approval o f the board o f re- funds,
tirement, and shall invest and reinvest the same, and may from
time to time sell any securities held by him and invest and rein
vest the proceeds, and any and all unappropriated income o f said
funds: Provided, however, That all funds received by him, and not
required for current disbursements, shall be invested in accordance
with the provisions o f the laws o f this Commonwealth relating to
the investment o f the funds o f savings banks. He shall in the
investment o f the funds give preference to the securities that are
legal for the investment o f the sinking funds o f the Common
wealth. He may, whenever he sells such securities, deliver the
securities so sold upon receiving the proceeds thereof, and may
execute any and all documents necessary to transfer the title
thereto.
Sec. 4. Paragraph (2)
(6) of section six of said chapter
five hundred and thirty-two is hereby amended * * * so that
said paragraph ( 2 ) G (&), will read as follows:
(&) Pensions based upon prior service. Any member o f the Who entitled
association who reaches the age o f sixty years, having been in to pensions,
the continuous service of the Commonwealth for fifteen years or
more immediately preceding, and then or thereafter retires or is
retired and any member who completes thirty-five years of con
tinuous service and then or thereafter retires or is retired, shall
receive in addition to the annuity and pension provided for by
paragraphs (2) B and G (a) o f this section, an extra pension
for life as large as the amount of the annuity and pension to
which he might have acquired a claim if the retirement system
had been in operation at the time when he entered the service
of the Commonwealth, and if accordingly he had paid regular
contributions from that date to the date of the establishment
of the retirement association at the same rate as that first adopted
by the board o f retirement, and if such deductions had been ac
cumulated with regular interest.
In the case of employees who are paid partly by the Common
wealth and partly by a county having a retirement system, or
who have rendered service in the past both for the Commonwealth
and for such county, all o f the continuous service rendered by
any such employee either for the Commonwealth or for the county
before the establishment of the retirement system shall be counted
as part of the prior service for the purposes of this act.
In the case of members of the association related as husband
and wife, if one o f the two retires or is retired the other shall
have the right also to retire, and shall be paid a retiring allow
ance proportionate to the amount o f his or her accumulated con
tributions to date, or, in case the allowance thus calculated is
less than the minimum allowance o f two hundred dollars herein
after provided for, shall be paid that sum annually.
I f the accumulated contributions of any employee retired under
the provisions o f this act exceed the amount required to provide
an annuity equal to one-fourth of the average wages or salary
o f such employee during the last ten years prior to his retirement,
the excess above that amount shall be paid to such employee in
a lump sum with the first monthly payment on the account o f his
retiring allowance.
Any employee who had already reached the age o f fifty-five
years on the date when the retirement system was established,
and also became a member o f the association may be retired under
the provisions of the preceding paragraph without having com
pleted the otherwise required service period of fifteen years. For
the purpose o f computing any pension payable for prior service,
the board of retirement may estimate on the basis determined
by them the wages received at any period for which they may
deem it impracticable to consult the original records.
Any employee not a member of the association who had already
reached the age of fifty-five years on the date when the retire
ment system was established may be retired at any time and
0
106
BULLETIN OP THE BUREAU OP LABOR.
shall be paid a pension equivalent to the minimum payment here
inafter provided for.
Approved April 2, 1912.
C h a pter 369.—Inspection and regulation of factories, etc.—Fire
proof stairways.
S ection 1. [Paragraph seven of] section twelve o f chapter five
hundred and fifty o f the acts o f the year nineteen hundred and
seven is hereby amended * * * so that said paragraph seven
as amended will read as follow s:
Me a n s o f Every building shall have, with reference to its height, condiegress.
tion, construction, surroundings, character o f occupation and num
ber o f occupants, reasonable means o f egress in case of fire, sat
isfactory to the commissioner, except that in all factories or
workshops hereafter built or altered, o f second class construction,
where ten or more persons are employed above the second floor,
one exit shall consist o f a fireproof stairway enclosed in incom
bustible material. No building hereafter erected shall be occu
pied or permitted to be occupied until said means of egress have
been provided in accordance with plans and drawings approved
by the building commissioner.
Approved April 3, 1912.
C h a pter 409.—Accidents to be reported.
Records.
p
,
Reports.
S ection 1. Chapter five hundred and fourteen of the acts o f'
the year nineteen hundred and nine is hereby amended by striking
out section one hundred and forty-four and inserting in place
thereof the following:
Section 144. All employers shall keep a correct record of any
accident occurring to an employee while at work for the employer,
whether such accident results in the death of the employee or in
such bodily injury as shall prevent him from returning to work
within four days thereafter. The said record shall be open to
inspection by an inspector o f factories o f the district police.
Within ninety-six hours after the time o f the accident a written
report thereof shall be furnished to the chief o f the district po
lice, upon forms to be furnished by him. No statements contained
in any such report shall be admissible in any action arising out:
o f the accident therein reported. The chief o f the district police
shall furnish the sender with a written or printed acknowledg
ment o f the receipt of the report, shall keep a record o f all acci
dents so reported to him, and shall include an abstract o f the
record in his annual report. An employer who fails to keep the
record or to furnish the report to the chief o f the district police
required by this section shall be punished by a fine o f not less
than ten dollars nor more than twenty-five dollars for each offense.
Approved April 6 , 1912.
C h a pter 452.—Employment of women and children in workshops
o f mercantile establishments.
Law restrict-
ed-
[This act amends section 1 o f chapter 313, Acts of 1911, by strik
ing out the word “ making ” in the clause defining the applicaion
of the law, making it apply to altering and repairing only.]
C h a p t er 477.—Hours of labor of women and children.
Section 1. Section forty-eight o f chapter five hundred and four
teen o f the acts o f the year nineteen hundred and nine, as
amended, * * * is hereby further amended * * *
so as
to read as follow s:
Ten-hour
Section 48. No child under eighteen years o f age and no woman
y*
shall be employed in laboring in a manufacturing or mechanical
establishment more than ten hours in any one d a y ; and in no case
LABOR LEGISLATION OF 1912----MASSACHUSETTS.
shall the hours of labor exceed fifty-four in a week, and if any
child or woman shall be employed in more than one manufactur
ing or mechanical establishment, the total number o f hours o f
such employment shall not exceed fifty-four hours in any one
week; except that in any such establishment where the employ
ment is by seasons, the number o f such hours in any one week
may exceed fifty-four, but not fifty-eight: Provided, That the total
number of such hours in any year shall not exceed an average
o f fifty-four hours a week for the whole year, excluding Sundays
and holidays. Every employer shall post in a conspicuous place
in every room in which such persons are employed a printed
notice stating the number o f hours’ work required o f them on each
day of the week, the hours of commencing and stopping work,
and the hours when the time allowed for meals begins and ends
or, in the case o f establishments exempted from the provisions
of sections sixty-seven and sixty-eight, the time, if any, allowed
for meals. The printed forms o f such notices shall be provided
by the chief of the district police, after approval by the attorney
general. The employment of such person at any time other than
as stated in said printed notice shall be deemed a violation of
the provisions of this section unless it appears that such employ
ment was to make up time lost on a previous day o f the same
week in consequence of the stopping o f machinery upon which
he was employed or dependent for employment; but no stopping
of machinery for less than thirty consecutive minutes shall jus
tify such overtime employment, nor shall such overtime employ
ment be authorized until a written report o f the day and hour
o f its occurrence and its duration is sent to the chief o f the dis
trict police or to an inspector of factories and public buildings.
Approved April 12, 1912.
107
Overtime,
C h apter 479.— Seats for operators of passenger elevators.
S ection 1. All elevators used for the carriage of passengers
S e a t s reshall be provided with a suitable seat for the operator in charge quired.
of the same.
Sec. 2. Failure to comply with the provisions of this act shall Violations,
be punished by a fine not exceeding twenty dollars for each
offense.
S ec . 3. This act shall be enforced by the inspectors o f factor- Enforcement,
ies and public buildings of the district police.
Approved April 12, 1912.
C h a pter 495.—Bribery, corruption, etc., of employees.
[This act amends section 28 o f chapter 514, Acts o f 1909, by
adding to the penal provisions thereof the following:]
Except that if the person who commits the said offense acts as Violations by
agent or officer o f any person, partnership or corporation to em- corp ora tion s,
ploy persons as clerks, laborers or otherwise, the offense shall be
felony punishable by a fine o f not less than twenty-five dollars
nor more than five hundred dollars, or by imprisonment in the
State prison for not more than three years. The district attor
neys in their respective districts shall prosecute all violations of
this section.
Appro veil April 16, 1912.
C h a pter 503.—Retirement of laborers employed by municipalities.
S ection 1. Any laborer in the employ of a city or town which acWho may be
c-epts this act, who has reached the age o f sixty years and has been retiredin such employ for a period o f not less than twenty-five years and
has become physically or mentally incapacitated for labor, and any
laborer in the employ of such city or town who has been in such
employ for a period of not less than fifteen years and has become
physically or mentally incapacitated for labor by reason of any in-
108
BULLETIN OF THE BUREAU OF LABOR.
jury received in tlie performance of his duties for such city or town
may, at his request, and in cities, with the approval of the mayor,
or in towns, with the approval of the selectmen, be retired from
service, and if so retired he shall receive from the city or town
for the remainder o f his life, an annual pension equal to one half
o f the average annual compensation paid to him as a laborer dur
ing the two years next prior to his retirement. Any laborer in
the employ o f such a city or town who has reached the age o f
sixty-five years and has been in such employ for a period o f not
less than twenty-five years shall be retired from service and shall
receive from the city or town an annual pension computed in the
manner hereinbefore set forth.
Referendum.
Sec. 2. This act shall be submitted to the voters o f each of the
cities and towns o f the Commonwealth at the next annual State
election for their acceptance or rejection, and shall take effect in
any city or town upon its acceptance by a majority of the voters
of such city or town voting thereon.
Period of no- Sec. 3. Not less than two weeks and not more than four weeks
tice*
before the election at which this act shall be submitted to the vot
ers, the city clerk of each city shall cause to be mailed to each of
the registered voters in his city a copy of this act, together with
a statement that it is to be submitted to the voters at the coming
election.
Exemption.
Sec. 4. This act shall not apply to the city of Boston.
[Became a law April 16, 1912.]
Chapter 531.—Inspection, etc., of steam boilers.
Section 1. Section one o f chapter four hundred and sixty-five o f
the acts o f the year nineteen hundred and seven, as amended
* * * is hereby further amended * * * so as to read as
follow s:
A pp lication
Section 1. All steam boilers and their appurtenances, excel>tv
of law.
boilers of railroad locomotives, motor road vehicles, boilers in
private residences, boilers in public buildings and in apartment
houses used solely for heating, and carrying pressures not ex
ceeding fifteen pounds per square inch, and having less than four
square feet o f grate surface, boilers o f not more than three horse
power, boilers used for horticultural and agricultural purposes
exclusively, and boilers under the jurisdiction o f the United
States, shall be thoroughly inspected internally and externally at
intervals o f not over one year, and no person shall operate or
cause to be operated any boiler not exempted by the provisions
o f this section until the boiler has been inspected as hereinafter
provided, nor until the certificate o f inspection as hereinafter pro
vided has been issued and so placed as to be easily read in the
engine or boiler 1400m of the plant where the boiler is located,
except that such certificate of inspection for a portable boiler
shall be kept on the premises and shall be accessible at all times;
and no person shall operate or cause to be operated any boiler
not exempted by the provisions o f this section at pressures in
excess o f the safe working pressure stated in the certificate of
inspection hereinafter mentioned, which pressure is to be ascer
tained by rules established by the board of boiler rules, to be
appointed as hereinafter provided; and shall be equipped with
such appliances to insure safety o f operation as shall be prescribed
by said board. All such boilers installed after January first, nine
teen hundred and eight, shall be so inspected when installed. A
boiler in this Commonwealth at the time o f the passage o f this act
which does not conform to the rules of construction formulated by
the board of boiler rules may be installed after a thorough internal
and external inspection and hydrostatic pressure test by a member
o f the boiler inspection department of the district police, or by an
inspector holding a certificate o f competency as an inspector of
steam boilers, as provided by section six o f chapter four hundred
and sixty-five of the acts of the year nineteen hundred and seven,
LABOR LEGISLATION OF 1912— MASSACHUSETTS.
109
and employed by tlie company insuring the boiler. The pressure
allowed on such boilers is to be ascertained by rules formulated
by the board o f boiler rules. No certificate o f inspection shall be
granted on any boiler installed after May first, nineteen hundred
and eight, which does not conform to the rules formulated by the
board o f boiler rules.
Sec. 2. Section two of said chapter four hundred and sixty-five
is hereby amended * * ♦ so as to read as follows:
Sec. 2. Whoever owns, or uses or causes to be used, any such D u t i e s of
boiler, unless the same is under the periodically guaranteed in- owners, etc.
spection o f insurance companies authorized to insure boilers in
this Commonwealth, shall report in writing to the chief inspector
of the boiler inspection department o f the district police the loca
tion o f such boiler, before the work o f installation o f such boiler
is completed; and annually thereafter: Provided, however, That
whoever owns, or uses or causes to be used, any such boiler, shall
also report in writing immediately to the chief inspector o f the
boiler inspection department of the district police when the peri
odically guaranteed inspection o f an insurance company authorized
to insure boilers in this Commonwealth ceases on such boiler for
any cause, and annually thereafter so long as such boiler is not
under the periodically guaranteed inspection o f an insurance com
pany authorized to insure boilers in this Commonwealth.
Sec. 3. Section five of said chapter four hundred and sixty-five
is hereby amended * * * so as to read as follows :
Sec. 5. No person shall act as an inspector of boilers which Who may inare under the periodically guaranteed inspection of companies speet.
that have complied with the laws of this Commonwealth, unless
he holds a certificate of competency as hereinafter provided.
Every insurance company authorized to inspect and insure steam
boilers in this Commonwealth shall have in its employ at least one
inspector who holds a certificate o f competency as hereinafter pro
vided, and who resides in this Commonwealth.
Sec. 4. Said chapter four hundred and sixty-five is hereby
further amended by striking out section thirteen and inserting in
place thereof the following :
Sec. 13. The owner or user of a boiler herein required to be
Preparation
inspected shall prepare the boiler for inspection as directed by the for inspection,
inspector. The inspector shall give the owner or user at least
fourteen days’ notice to prepare a boiler for inspection, if re
quested by the owner or user to give such notice: Provided, how
ever, That the inspector shall not be required to give notice o f
external inspection under steam, and that such notice need not
be given if the boiler is in process of installation, or if the boiler
has not been inspected within one year and a certificate o f inspec
tion issued. If, in the judgment o f an inspector of the boiler
inspection department of the district police, any boiler or its
appurtenances, which are herein required to be inspected, are in
a defective or dangerous condition, he may immediately order the
boiler discontinued from service, whether or not such boiler is
under the periodically guaranteed inspection o f an insurance com
pany authorized to insure steam boilers in this Commonwealth;
and no person shall again operate such boiler, or cause it to be
operated, until a certificate o f inspection has been issued by an
inspector o f the boiler inspection department o f the district police.
Sec. 5. Section fourteen o f said chapter four hundred and sixtyfive is hereby amended * * * so as to read as follow s:
Sec. 14. The owner or user of a boiler inspected by the boiler Fees,
inspection department shall pay to the inspector five dollars for
each boiler internally and externally inspected, and two dollars
for each visit for external inspection under steam, and two dollars
for each cast-iron sectional boiler inspected. The inspector shall
give receipts for the same, and shall pay all sums so received to
the chief inspector of the boiler inspection department, who shall
pay the same to tlie treasurer of the Common wealth.
110
BULLETIN OF THE BUREAU OF LABOR.
S ec . 6 . Section fifteen o f said chapter four hundred and sixty*
five is hereby amended * * * so as to read as follow s:
Certificates.
Sec. 15. If, upon inspection the inspector finds the boiler to
be in safe working order, with the fittings necessary to safety, and
properly set up, and the boiler and its appendages conform to the
rules formulated by the board of boiler rules, he shall issue to the
owner or user thereof a certificate of inspection stating the maxi
mum pressure at which the boiler may be operated, as ascertained
by the rules established by the board of boiler rules, and there
upon such owner or user may operate the boiler mentioned in the
certificate. I f the inspector finds that the boiler is not in safe
working condition, or is not provided with fittings necessary to
safety, or if the fittings are improperly arranged, or if the boiler
and its appendages do not conform to the rules formulated by the
board of boiler rules, he shall withhold his certificate until the
boiler and its fittings are put in a condition to insure safety o f
operation, and the boiler and its appendages do conform to the
rules formulated by the board of boiler rules; and the owner or
user shall not operate the boiler, or cause it to be operated, until
such certificate has been granted.
Sec . 7. Section seventeen o f said chapter four hundred and
sixty-five is hereby amended * * * so as to read as follow s:
Inspections Sec. 17. Insurance companies engaged in the business of inby insurance specting and insuring steam boilers shall, after each internal
co pan es.
an(j external inspection, i f the boiler and its appendages conform
to the rules formulated by the board o f boiler rules, and if they
deem the boiler to be in safe working condition otherwise, issue a
certificate of inspection stating the maximum pressure at which
the boiler may be operated. This maximum pressure shall be de
termined under the rules established by the board of boiler rules.
Approved April 25, 1912.
C h a pter 533.—Hours of labor of employees on street railways.
Repeal.
S ection 1. Section ninety-five of Part III of chapter four hun
dred and sixty-three o f the acts of the year nineteen hundred and
six is hereby repealed and the work o f all conductors, niotormen
and trainmen who are employed by or on behalf of a street rail
way or elevated railway company shall be arranged as provided
in this act.
Nine-hour gEC> 2 . A day’s work for all conductors, motormen and trainy*
men shall be arranged by the employer upon the basis of nine
hours’ platform w ork : Provided, however, That if in any case the
schedule cannot be so arranged as to furnish a day’s work of ap
proximately nine hours and it is possible to provide one not ex
ceeding nine and one half hours, the schedule may be so arranged,
the platform time above the nine hours to be paid for as an ad
dition to the nine hours’ wrork. The day’s work o f men employed
on regular cars shall be arranged to be performed within twelve
consecutive hours. The work of any extra man who is regularly
employed may, with his consent, be arranged in early and late
halves or portions, but there shall be an interval of not less than
eight hours between the close of the work o f one day for such
extra men and the beginning of the work of the next day, within
which they shall not be required to perform any work except in
cases o f emergency. Nothing herein contained shall be held to
prohibit spare men from performing, as substitutes in case of
emergency, the work of employees unexpectedly absent.
Requiring Sec. 3. No officer or agent of any such company shall require
overtime.
from said employees more than nine hours’ platform work for a
day’s labor except as is herein expressly provided. Threat of loss
of employment or threat to obstruct or prevent the obtaining o f
employment by the employees, or threat to refrain from employing
any employee in the future shall be considered coercion and “ re
quiring” within the meaning of this section. On legal holidays
and on Sundays and in case of unavoidable delay or other emer
gency, or at any time at the request o f the employee, extra labor
LABOR LEGISLATION OF 1912— MASSACHUSETTS.
Ill
may be performed for extra compensation. A company which
violates the provisions o f this act shall forfeit for each offense not
less than one hundred nor more than five hundred dollars.
Sec. 4. This act shall not affect any written contract existing Existing conat the date of its passage.
tracts.
S e c . 5 . This act shall take effect on the first day o f January,
Act iT1
nineteen hundred and thirteen.
Approved April 25, 1912.
C hapter
545.—Advertisements for labor—Notice of strike.
S e c t i o n 1. Chapter four hundred and forty-five of the acts of
the year nineteen hundred and ten is hereby amended by inserting
after section one the following new section, to be numbered sec
tion tw o :
Section 2. The provisions o f this act shall cease to be operative
when the State board o f conciliation and arbitration shall deter
mine that the business of the employer, in respect to which the
strike or other labor trouble occurred, is being carried on in the
normal and usual manner and to the normal and usual extent.
Said board shall determine this question as soon as may be, upon
the application of the employer.
Approved April 27, 1912.
C h a p t e r 5 6 0 . —Bureau
of statistics.
S e c t i o n 1. Chapter three hundred and seventy-one o f the acts of
the year nineteen hundred and nine is hereby amended by strik
ing out section two and inserting in place thereof the follow ing:
Section 2. Said bureau shall be in charge of a director who shall
be appointed by the governor, with the advice and consent of the
council, to serve for a term o f three years and until his successor
is appointed and qualified. He shall receive an annual salary
of four thousand dollars. He shall appoint a deputy director, who,
in the absence o f the director or in case o f his disability or in
the event o f his death pending the appointment and qualification
o f his successor, 'shall have authority to perform all the duties of
the director as prescribed by law. The deputy director shall
receive an annual salary o f twenty-five hundred dollars. The
director may expend for clerical assistance, special agents and
contingent expenses such amount as the general court may annu
ally appropriate for these purposes. He may require the attend
ance of witnesses and the production of books and documents,
and may examine witnesses under oath; and such witnesses shall
be examined in the same manner and be paid the same fees as
witnesses before the superior court.
Approved May 4, 1912.
C hapter
End of strike,
Officials,
571.— Compensation of workmen for injuries.
1. Section three o f Part II of chapter seven hundred
and fifty-one of the acts o f the year nineteen hundred and eleven
is hereby amended * * * so as to read as follow s:
Section 3. I f the employee is injured by reason o f the serious W h o m ay deand willful misconduct o f a subscriber or o f any person regularly fendentrusted with and exercising the powers o f superintendence, the
amounts o f compensation hereinafter provided shall be doubled.
In such case the subscriber shall repay to the association the
extra compensation paid to the employee. I f a claim is made
under this section the subscriber shall be allowed to appear and
defend against such claim only.
S e c . 2. Section eleven o f Part II o f said chapter seven hundred
and fifty-one is hereby amended * * * so that clause (a)
shall read as follows:
(a)
For the loss by severance o f both hands at or above the D e g r e e o f
wrist, or both feet at or above the ankle, or the loss o f one hand disability,
and one foot, or the reduction to one tenth o f normal vision in both
S e c t io n
112
BULLETIN OF THE BUREAU OF LABOR.
eyes with glasses, one-half of the average weekly wages of the
injured person, but not more than ten dollars nor less than four
dollars a week, for a period of one hundred weeks,—
and * * * so that clause (&) shall read as follow s:
(&) For the loss by severance of either hand at or above the
wrist, or either foot at or above the ankle, or the reduction to onetenth o f normal vision in either eye with glasses, one-half the
average weekly wages of the injured person, but not more than
ten dollars nor less than four dollars a week, for a period o f fifty
weeks.
Sec. 3. Section sixteen of Part II of said chapter, as amended
by chapter one hundred and seventy-two of the acts of the year
nineteen hundred and twelve, is hereby further amended by strik
ing out said section and inserting in place thereof the following:
N otice.
Sec. 16. The said notice shall be in writing, and shall state
in ordinary language the time, place and cause o f the injury, and
shall be signed by the person injured, or by a person in his behalf,
or, in the event of his death, by his legal representative or by a
person in his behalf, or by a person to whom payments may be
due under this act or by a person in his behalf. Any form of
written communication signed by any person who may give the
notice as above provided, which contains the information that
the person has been so injured, giving the time, place and cause
o f the injury, shall be considered a sufficient notice.
S ec . 4. Section nineteen of Part II o f said chapter seven hun
dred and fifty-one is hereby amended * * * so as to read
as follows:
M ed ica l e x
Sec. 19. After an employee has received an injury, and from
a m in a tion s.
time to time thereafter during the continuance o f his disability
he shall, if so requested by the association or subscriber, submit
himself to an examination by a physician or surgeon authorized
to practice medicine under the laws of the commonwealth, fur
nished and paid for by the association or subscriber. The em
ployee shall have the right to have a physician provided and paid
for by himself present at the examination. I f he refuses to sub
mit himself for the examination, or in any way obstructs the same,
his right to compensation shall be suspended, and his compensa
tion during the period o f suspension may be forfeited.
Sec. 5. Part II of said chapter seven hundred and fifty-one is
hereby amended by adding at the end thereof a new section as
follow s:
C la im s.
Sec. 23. The claim for compensation shall be in writing and
shall state the time, place, cause and nature of the injury; it shall
be signed by the person injured or by a person in his behalf, or,
in the event o f his death, by his legal representative or by a per
son in his behalf, or by a person to whom payments may be due
under this act or by a person in his behalf, and shall be filed with
the industrial accident board. The failure to make a claim within
the period prescribed by section fifteen shall not be a bar to the
maintenance of proceedings under this act if it is found that it
was occasioned by mistake or other reasonable cause.
Sec. 6. Section one of Part III of said chapter seven hundred and
fifty-one is hereby amended * * * so as to read as follows:
Sec. 1. There shall be an industrial accident board consist
I n d u s tria l a c
c id e n t b oard .
ing of five members, to be appointed by the governor, by and with
the advice and consent o f the council, one o f whom shall be desig
nated by the governor as chairman. The term o f office o f mem
bers o f this board shall be five years, except that when first con
stituted one member shall be appointed for one year, one for two
years, one for three years, one for four years, and one for five
years. Thereafter one member shall be appointed every year for
the full term of five years.
Sec. 7. Section two of Part III o f said chapter seven hundred
and fifty-one is hereby amended * * * so as to read as fol
lows:
S ala ries.
Sec. 2. The salaries and expenses of the board shall be paid
by the commonwealth. The salary o f the chairman shall be five
LABOR LEGISLATION OF 1912— MASSACHUSETTS.
113
thousand dollars a year, and the salary of the other members
shall be forty-five hundred dollars a year each. The board may
appoint a secretary at a salary of not more than three thousand
dollars a year, and may remove him. It shall also be allowed an
annual sum, not exceeding ten thousand dollars, for clerical serv
ice, and traveling and other necessary expenses. The board shall
be provided with an office in the statehouse or in some other suit
able building in the city o f Boston, in which its records shall be
kept.
Sec. 8 . Section three o f Part III o f said chapter seven hundred
and fifty-one is hereby amended * * * so as to read as
follow s:
Sec. 3. The board may make rules not inconsistent with this P o w e r s of
act for carrying out the provisions o f the act. Process and pro board.
cedure under this act shall be as summary as reasonably may be.
The board or any member thereof shall have the power to
subpoena witnesses, administer oaths, and to examine such parts
of the books and records of the parties to a proceeding as relate
to questions in dispute. The fees for attending as a witness before
the industrial accident board shall be one dollar and fifty cents
a day, for attending before an arbitration committee fifty cents
a d a y; in both cases five cents a mile for travel out and home.
The superior court shall have power to enforce by proper pro
ceedings the provisions o f this section relating to the attendance
and testimony o f witnesses and the examination o f books and
records.
Sec. 9. Section four o f Part III o f said chapter seven hundred
and fifty-one is hereby amended * * * so as to read as
follow s:
Sec. 4. I f the association and the injured employee reach an Agreements
agreement in regard to compensation under this act, a memoran to be filed.
dum of the agreement shall be filed with the industrial accident
board and, if approved by it, thereupon the memorandum shall
for all purposes be enforcible under the provisions of Part III,
section eleven. Such agreements shall be approved by said board
only when the terms conform to the provisions of this act.
Sec. 10. Section five of Part III of said chapter seven hundred
and fifty-one. is hereby amended * * * so as to read as
follows :
Sec. 5. I f the association and the injured employee fail to Arbitration.
reach an agreement in regard to compensation under this act,
either party may notify the industrial accident board who shall
thereupon call for the formation of a committee o f arbitration.
The committee o f arbitration shall consist o f three members, one
of whom shall be a member o f the industrial accident board, and
shall act as chairman. The other two members shall be named,
respectively, by the two parties. I f the subscriber has appeared
under the provisions of Part II, section three, the member named
by the association shall be subject to his approval. I f a vacancy
occurs it shall be filled by the party whose representative is
unable to act.
The arbitrators appointed by the parties shall be sworn by the
chairman as follow s: I --------- do solemnly swear that I will faith
fully perform my duty as arbitrator and will not be influenced in
my decision by any feeling of friendship or partiality toward
either party. So help me God.
Sec. 11. Section six of Part III o f said chapter seven hundred
and fifty-one is hereby amended * * * so as to read as
follow s:
Sec. 6 . It shall be the duty of the industrial accident board, D u t y o f
upon notification that the parties have failed to reach an agree board.
ment, to request both parties to appoint their respective represent
atives on the committee of arbitration. The board shall designate
one of its members to act as chairman, and, if either party does
not appoint its member on this committee within seven days after
notification, as above provided, or after a vacancy has occurred,
70244°—Bull. 111—13------ 8
114
BULLETIN OP THE BUREAU OF LABOR.
the board or any member thereof shall fill the vacancy and notify
the parties to that effect.
S ec. 12. Part III of said chapter is hereby amended by striking
out section seven and inserting in place thereof the following:
I n v e s t ig a
Sec. 7. The committee on arbitration shall make such inquiries
tion .
and investigations as it shall deem necessary. The hearings
o f the committee shall be held in the city or town where the
injury occurred, and the decision of the committee, together with
a statement o f the evidence submitted before it, its findings of
fact, rulings o f law and any other matters pertinent to questions
arising before it shall be filed with the industrial accident board.
Unless a claim for a review is filed by either party within seven
days, the decision shall be enforcible under the provisions of Part
III, section eleven.
Sec. 13. Section ten of Part III o f said chapter is hereby
amended * * * so as to read as follows:
Review.
Sec. 10. If a claim for a review is filed, as provided in Part
III, section seven, the board sliall hear the parties and may
hear evidence in regard to any or all matters pertinent thereto
and may revise the decision of the committee in whole or in part,
or may refer the matter back to the committee for further findings
o f fact, and shall file its decision with the records of the proceed
ings and notify the parties thereof. No party shall as a matter
of right be entitled to a second hearing upon any question of fact.
S ec. 14. Part III o f said chapter is hereby further amended by
striking out section eleven and inserting in place thereof the
follow ing:
D e cre e s by
Sec. 11. Any party in interest may present certified copies of
courts.
an order or decision of the board, a decision o f an arbitration
committee from which no claim for review has been filed within
the time allowed therefor, or a memorandum of agreement ap
proved by the board, and all papers in connection therewith, to
the superior court for the county in which the injury occurred
or for the county o f Suffolk, whereupon said court shall render a
decree in accordance therewith and notify the parties. Such
decree shall have the same effect and all proceedings in relation
thereto shall thereafter be the same as though rendered in a suit
duly heard and determined by said court, except that there shall
be no appeal therefrom upon questions o f fact, or where the decree
is based upon a decision of an arbitration committee or a memo
randum of agreement, and that there shall be no appeal from a
decree based upon an order or decision of the board which has
not been presented to the court within ten days after the notice
of the filing thereof by the board. Upon the presentation to it
of a certified copy o f a decision of the industrial accident board
ending, diminishing or increasing a weekly payment under the
provisions o f Part III, section twelve, the court shall revoke or
modify the decree to conform to such decision.
Sec. 15. Section sixteen of Part III of said chapter is hereby
amended * * * so as to read as follow s:
Disputes.
Sec. 6 . All questions arising under this act, if not settled
by agreement by the parties interested therein, shall, except as
otherwise herein provided, be determined by the industrial acci
dent board. The decisions of the industrial accident board shall
for all purposes be enforcible under the provisions o f Part III,
section eleven.
Sec. 16. Section twenty-one of Part IV of said chapter is hereby
amended * * * so as to read as follows:
N o t i c e by
Sec. 21. Every subscriber shall give notice in writing or print
subscribers.
to every person with whom he is about to enter into a con
tract of hire that he has provided for payment to injured em
ployees by the association. If an employer ceases to be a sub
scriber he shall, on or before the day on which his policy expires,
give notice thereof in writing or print to all persons under con
tract with him. In case of the renewal o f the policy no notice
shall be required under the provisions of this act. He shall file a
LABOR LEGISLATION OF 1912— MASSACHUSETTS.
copy of said notice with the industrial accident board. The
notices required by this and the preceding section may be given
in the manner therein provided or in such other manner as may
be approved by the industrial accident board.
S ec . 17. Part V of said chapter is hereby amended by striking
out section three and inserting in place thereof the follow ing:
Sec. 3. Any liability insurance company authorized to do business within this Commonwealth shall have the same right as
the association to insure the liability to pay the compensation
provided for by Part II of this act, and when such liability com
pany issues a policy conditioned to pay such compensation the
holder of such policy shall be regarded as a subscriber so far as
applicable within the meaning o f this act, and when any such
company insures such payment o f compensation it shall be sub
ject to the provisions of Parts I, II, III and V and o f section
twenty-two of Part IV of this act, and shall file with the insurance
department its classifications o f risks and premiums relating
thereto and any subsequent proposed classifications or premiums,
none o f which shall take effect until the insurance commissioner
has approved the same as adequate for the risks to which they
respectively apply.
Sec. 18. Section four of Part V of said chapter is hereby
amended * * *
so as to read as follow s:
Sec. 4. Sections one hundred and thirty-six to one hundred
and thirty-nine, inclusive, of chapter five hundred and fourteen of
the acts of the year nineteen hundred and nine are hereby
repealed.
Approved May 10, 1912.
115
Who may
insur-
Repeals,
C hapter 653.—Employment of ivomen in core rooms.
S ection 1. The State board o f health shall investigate core
Rules to be
rooms where women are employed and shall make rules regulat- made,
ing the employment o f women therein. The rules shall relate to
the structure and location o f the rooms, the emission o f gases
and fumes from ovens, and the size and weight which the women
shall be allowed to lift or work on. A copy o f the rules shall be
posted in every core room where women are employed.
S ec . 2. The State inspectors o f health shall, under the direction
Bn f o r e eo f the State board o f health, enforce any rules made in accordance ment.
with the provisions of this act.
Sec. 3. Whoever violates any rule established under the pro- Violations,
visions o f this act shall be punished by a fine of not less than
twenty-five dollars or more than five hundred dollars.
Approved May 27, 1912.
C h a p t er 666.— Compensation of workmen for injuries— Regula
tion of insurance.
S ection 1. The insurance commissioner may withdraw his apDisapproval
proval o f any premium or distribution o f subscribers given by him of rates, etc.
to the Massachusetts Employees Insurance Association under the
X)rovisions of section seventeen o f Part IV o f chapter seven hun
dred and fifty-one of the acts o f the year nineteen hundred and
eleven, or o f any premium or rate made by an insurance com
pany and approved by him under the provisions of section three
of Part Y o f said chapter seven hundred and fifty-one as amended
by section seventeen of chapter five hundred and seventy-one o f
the acts o f the year nineteen hundred and twelve.
S ec . 2. The notices required by section five of Part I o f said
chapter seven hundred and fifty-one shall be given in such manner
as the industrial accident board may approve.
Approved May 28,1912.
116
BULLETIN OF THE BUREAU OF LABOR.
Chapter 675.—Assignments of icages.
Form
assignm ent.
[This act amends section 22 o f chapter 727, Acts o f 1911, by
inserting after the words “ resident of the Commonwealth,” the
following clause:]
of
Nor shall it be valid unless said assignment is in form and pur
port as prescribed in chapter three hundred and ninety o f the
acts of the year nineteen hundred and six, and acts in amend
ment thereof.
Approved May 29, 1912.
Chapter 683.—Employment o f women in State bathhouses.
Scale
wages.
of
Section 1. Hereafter in the State bathhouses under the care o f
the metropolitan park commission the women attendants shall
receive the same scale of wages as the men attendants, when per
forming similar work.
Approved May 29, 1912.
Chapter 706.— Wages of toomen and children—Minimum wage
commission.
Commission
established.
Section 1. There is hereby established a commission to be
known as the minimum wage commission. It shall consist of
three persons, one of whom may be a woman, to be appointed by
the governor, with the advice and consent o f the council. One of
the commissioners shall be designated by the governor as chairman.
The first appointments shall be made within ninety days after the
passage of this act, one for a term ending October first, nineteen
hundred and thirteen, one for a term ending October first, nineteen
hundred and fourteen, and one for a term ending October first,
nineteen hundred and fifteen; and beginning with the year nine
teen hundred and thirteen, one member shall be appointed an
nually for the term o f three years from the first day o f October
and until his successor is qualified. Any vacancy that may occur
shall be filled in like manner for the unexpired part o f the term.
Sec. 2. Each commissioner shall be paid ten dollars for each
Expenses,
etc.
day’s service, in addition to the traveling and other expenses
incurred in the performance of his official duties. The commission
may appoint a secretary, who shall be the executive officer of the
board and to whose appointment the rules o f the civil service
commission shall not apply. It shall determine his salary, subject
to the approval o f the governor and council. The commission may
incur other necessary expenses not exceeding the annual appro
priation therefor, and shall be provided with an office in the
statehouse or in some other suitable building in the city o f Boston.
Duties.
Sec. 3. It shall be the duty of the commission to inquire into the
wages paid to the female employees in any occupation in the
Commonwealth, if the commission has reason to believe that the
wages paid to a substantial number o f such employees are inade
quate to supply the necessary cost o f living and to maintain the
worker in health.
W ag e board s.
Sec. 4. I f after such investigation the commission is* o f the
opinion that in the occupation in question the wages paid to a
substantial number o f female employees are inadequate to supply
the necessary cost of living and to maintain the worker in health,
the commission shall establish a wage board consisting o f not less
than six representatives o f employers in the occupation in question
and of an equal number o f persons to represent the female em
ployees in said occupation, and o f one or more disinterested per
sons appointed by the commission to represent the public, but
the representatives of the public shall not exceed one half of the
number of representatives o f either o f the other parties. The
commission shall designate the chairman from among the repre
sentatives o f the public, and shall make rules and regulations
governing the selection o f members and the modes o f procedure o f
LABOR LEGISLATION OF 1912— MASSACHUSETTS.
117
the boards, and shall exercise exclusive jurisdiction over all
questions arising with reference to the validity o f the procedure
and of the determinations of the boards. The members of wage
boards shall be compensated at the same rate as jurors; they shall
be allowed the necessary traveling and clerical expenses incurred
in the performance o f their duties, these payments to be made
from the appropriation for the expenses of the commission.
S e c . 5 . The commission may transmit to each wage board all
D u t ie s of
pertinent information in its possession relative to the wages paid boards,
in the occupation in question. Each wage board shall take into
consideration the needs o f the employees, the financial condition
o f the occupation and the probable effect thereon o f any increase
in the minimum wages paid, and shall endeavor to determine the
minimum wage, whether by time rate or piece rate, suitable for a
female employee o f ordinary ability in the occupation in question,
or for any or all o f the branches thereof, and also suitable mini
mum wages for learners and apprentices and for minors below
the age o f eighteen years. When two thirds o f the members of
a wage board shall agree upon minimum wage determinations,
they shall report such determinations to the commission, together
with the reasons therefor and the facts relating thereto, and also
the names, so far as they can be ascertained by the board of
employers who pay less than the minimum wage so determined.
S e c . 6 . Upon receipt o f a report from a wage board, the comF ix in g ra tes
mission shall review the same, and may approve any or all o f the of wages*
determinations recommended, or may disapprove any or all of
them, or may recommit the subject to the same or to a new wage
board. I f the commission approves any or all o f the determina
tions of the wage board it shall, after not less than fourteen days’
notice to employers paying a wage less than the minimum wage
approved, give a public hearing to such employers, and if, after
such public hearing, the commission finally approves the determi
nation, it shall enter a decree of its findings and note thereon the
names o f employers, so far as they may be known to the commis
sion, who fail or refuse to accept such minimum wage and to
agree to abide by it. The commission shall, within fourteen days
thereafter, publish the names o f all such employers in at least
four newspapers in each county in the Commonwealth, together
with the material part of its findings, and a statement o f the
minimum wages paid by every such employer. Any employer upon
P u b lic a tio n
filing a declaration under oath in the supreme judicial or superior £mDioversS °f
court to the effect that compliance with such decree would
endanger the prosperity o f the business to which the same is made
applicable, shall be entitled to a stay o f execution o f such decree,
and a review thereof with reference to the question involved in
such declaration. Such review shall be made by the court under
the rules o f equity procedure, and if it shall be found by the court
that compliance with such decree is likely to endanger the pros
perity o f the business to which the same is applicable, then an
order shall issue from said court revoking the same. The type in
which the employers’ names shall be printed shall not be smaller
than that in which the news matter of the paper is printed. The
publication shall be attested by the signature of at least a ma
jority o f the commission.
S e c . 7 . In case a wage board shall make a recommendation of a
M a jo r ity re
wage determination in which a majority but less than two thirds p o rts,
o f the members concur, the commission, in its discretion, may
report such recommendation and the pertinent facts relating
thereto to the general court.
S e c . 8 . Whenever a minimum wage rate has been established
R e v ie w
o f
in any occupation, the commission may upon petition o f either rates,
employers or employees, reconvene the wage board or establish a
new wage board, and any recommendation made by such board
shall be dealt with in the same manner as the original recommen
dation o f a wage board.
Sec. 9. For any occupation in which a minimum time rate only
Special lihas been established, the commission may issue to any woman censes-
118
BULLETIN OF THE BUREAU OF LABOR.
physically defective a special license authorizing the employment
of the licensee for a wage less than the legal minimum wage:
Provided, That it is not less than the special minimum wage fixed
for that person.
Wages of
Sec. 10. The commission may at any time inquire into the
minors.
wages paid to minors in any occupation in which the majority of
employees are minors, and may, after giving public hearings,
determine mimimum wages suitable for such minors. When the
commission has made such a determination, it may proceed in
the same manner as if the determination had been recommended
to the commission by a wage board.
Registers.
Sec. 11. Every employer of women and minors shall keep a
register o f the names and addresses of all women and minors
employed by him, and shall on request permit the commission or
any o f its members or agents to inspect the register. The comE x a m i n a - mission shall also have power to subpoena witnesses, administer
tions.
oaths and take testimony, and to examine such parts o f the books
and records o f employers as relate to the wages paid to women
and minors. Such witnesses shall be summoned in the same
manner and be paid from the treasury o f the Commonwealth the
same fees as witnesses before the superior court.
Statistics.
Sec. 12. Upon request o f the commission, the director o f the
bureau o f statistics shall cause such statistics and other data
to be gathered as the commission may require, and the cost thereof
shall be paid out o f the appropriation made for the expenses of
the commission.
Discrim in aSec. 13. Any employer who discharges or in any other manner
tioJ| a g a i n s t discriminates against any employee because such employee has
emp oy s.
testified, or is about to testify, or because the employer believes
that the employee may testify, in any investigation or proceeding
relative to the enforcement of this act, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished
by a fine o f twenty-five dollars for each offense.
Whose names
S ec . 14. The commission shall from time to time determine
r° h d° p u b ’ whether employers in each occupation investigated are obeying
its decrees, and shall publish in the manner provided in section
six, the name o f any employer whom it finds to be violating any
such decree.
Newspapers
S ec . 15. Any newspaper refusing or neglecting to publish the
to p u b l i s h findings, decrees or notices o f the commission at its regular rates
names.
^
gpace taken shall, upon conviction thereof, be punished
by a fine o f not less than one hundred dollars for each offense.
Nonliability.
Sec. 16. No member o f the commission and no newspaper pub
lisher, proprietor, editor or employee thereof, shall be liable to
an action for damages for publishing the name o f any employer
in accordance with the provisions of this act, unless such publica
tion contains some willful misrepresentation.
Reports.
Sec. 17. The commission shall annually, on or before the first
Wednesday in January, make a report to the general court o f
its investigations and proceedings during the preceding year.
Act in ef- Sec. 18. This act shall take effect on the first day o f July in
feet.
the year nineteen hundred and thirteen.
Approved June 4, 1912.
C hapter 714.—Homestead commission— Report.
Commission
S ection . 1. The commission established by chapter six hundred
continued.
and seven of the acts of the year nineteen hundred and eleven
shall continue its investigation of the need o f providing home
steads for the people o f the Commonwealth and its study of plans
already in operation or contemplated elsewhere for housing wage
earners, and shall report to the legislature not later than the first
Wednesday in January, nineteen hundred and thirteen, and may
recommend such legislation as in its judgment will tend to increase
the supply o f wholesome homes for the people. The commission
may expend in prosecution o f its work such sums, not exceeding
LABOR LEGISLATION OF 1012----MASSACHUSETTS.
119
in the aggregate two thousand dollars, as the governor and council
m a y approve.
Approved June 4, 1912,
C h a p te r 721.— Massachusetts Employees’ Insurance Association—
Advances.
Funds from
S ection 1. For the purpose of enabling the Massachusetts Em
St a t e t r e a s
ployees’ Insurance Association to carry out the provisions of Part ury.
IY o f chapter seven hundred and fifty-one of the acts o f the year
nineteen hundred and eleven, the treasurer and receiver general,
from time to time, within one year after the date o f the passage
o f this act, may advance to the said association from the treasury
of the Commonwealth sums o f money not exceeding in the aggre
gate one hundred thousand dollars. For the moneys so advanced
the association shall execute and deliver to the treasurer its
promissory notes payable to the order of the Commonwealth within
four years after the respective dates thereof, with interest at the
rate of four per cent per annum, payable semiannually. The notes
shall be signed by the treasurer o f said association and counter
signed by its president, and shall be payable either serially or by
installments, so that at least one fourth o f the aggregate indebted
ness shall be paid in each calendar year, beginning with the first
day of January, nineteen hundred and thirteen.
Sec. 2. The treasurer and receiver general is hereby authorized Loans.
to borrow upon the credit of the Commonwealth, from time to
time, such amounts as may be necessary to cover the advances
authorized in section one o f this act. All money so borrowed shall
be deposited in the State treasury, and the treasurer and receiver
general shall pay out the same as ordered by said association,
and shall keep a separate and accurate account of all sums so
borrowed and advanced.
Sec. 3. The provisions of Part IV of said chapter seven hundred
Payment.
and fifty-one in regard to assessments to provide for the payment
o f losses and expenses shall also apply to and authorize assess
ments, so far as they may be necessary, for the payment o f said
notes and o f the interest thereon.
Sec. 4. Notes issued under the provisions of this act shall not
Solvency.
be considered as rendering the association deficient in funds, so
long as the liability of subscribers to assessment exceeds the
amount of said notes less the proceeds of said notes still in the
hands of the association.
Approved June 6 , 1912.
C h a p te r 726.—State board of labor and industries.
S ection 1. There is hereby established a State board o f labor
Board estab
and industries to be composed of five persons who shall be ap lished.
pointed by the governor, with the advice and consent o f the coun
cil. The terms of office of the members o f the board shall be five
years, except that when first appointed one o f the members shall
be appointed for four years, one for three years, one for two years,
and one for one year, the member at that time appointed for five
years to be chairman. Thereafter a member shall be appointed
each year, for a term o f five years. One member of the board
shall be an employer o f labor, one a wage earner, one a physician
or a sanitary engineer, and at least one a woman. The governor,
with the advice and consent of the council, shall have power to
fill by appointment for the unexpired term any vacancy that may
occur in the board.
Commi s
Sec. 2. There shall be a commissioner o f labor, who shall be
appointed by the board. He shall serve for such term’ as the sioner.
board may determine, and may be removed at any time by the
board by vote of a majority of its members. Upon such removal
a statement o f reasons therefor shall be filed by the board with the
120
BULLETIN OF THE BUREAU OF LABOR.
governor. The commissioner of labor shall devote all his time to
the affairs o f the board, under its direction.
S alaries, e tc.
S e c . 3. The salary of the chairman o f the board shall be fifteen
hundred dollars a year, and the salaries o f each of the other mem
bers of the board shall be one thousand dollars a year. The
salary of the commissioner o f labor shall be determined by the
board, and shall not be less than five thousand nor more than
seventy-five hundred dollars a year. The board may incur other
necessary expenses for carrying out the provisions of this act,
not exceeding the annual appropriation therefor. It shall be pro
vided with offices in the statehouse or in some other suitable build
ing in the city of Boston, and elsewhere in the Commonwealth if
approved by the governor and council.
InvestigaS e c . 4. The board may investigate the conditions existing in any
tions.
line of industry carried on by inhabitants o f the Commonwealth,
and such investigations may be extended outside o f the Common
wealth to procure information for the promotion o f industrial
development or the improvement of industrial conditions. The
board shall receive all complaints concerning conditions existing
in any industry carried on by inhabitants o f the Commonwealth,
or concerning alleged violations of any laws enforced under its
direction, and shall thereupon make or direct all needful and
appropriate investigations and prosecutions. It may employ ex
perts or other necessary assistants to aid in the performance o f
any duty imposed upon it by law. It may make rules not incon
sistent with existing law for carrying out the provisions o f this
act.
Enforcement
S e c . 5. All powers and duties with reference to the enforcement
of laws, etc. 0f laws relating to labor and the employment thereof, the in
spection and licensing of buildings or parts o f buildings used for
industrial purposes, the inspection and licensing o f the workers
therein and o f all other industrial employees within the Common
wealth, the enforcement of laws relating to the employment of
women and minors, and the institution of proceedings in prosecu
tion o f violations o f any o f the said laws, now conferred or im
posed by law upon the State board of health or State inspectors
o f health, or upon the chief o f the district police, the inspectors
o f factories and public buildings o f the district police, or the in
spection department o f the district police, or the deputy chief of
the inspection department o f the district police, with the excep
tion of such duties and powers as are now imposed by law upon
the chief inspector o f boilers or the boiler inspectors o f the dis
trict police, and with the further exception of such powers and
duties as relate to the inspection o f buildings under erection,
alteration or repair, are hereby transferred to the State board
o f labor and industries. Said board may delegate to such com
missioner, deputy commissioners or inspectors as are under its
direction such of the above powers as it may deem necessary to
carry out the provisions o f this act.
Scope of act. Buildings used for industrial purposes under the meaning of
this act shall include factories, workshops, bakeries, mechanical
establishments, laundries, foundries, tenement-house workrooms,
all other buildings or parts of buildings in which manufacturing
is carried on, and mercantile establishments as defined in section
seventeen o f chapter five hundred and fourteen o f the acts of the
year nineteen hundred and nine.
inspectors of S e c . 6 . Nothing in this act shall be construed to prevent the
health.
State inspectors o f health from entering buildings used for in
dustrial purposes when required by their duty to protect the
health of the community, especially as prescribed by section three
o f chapter five hundred and thirty-seven o f the acts o f the year
nineteen hundred and seven, except that the duty therein pre
scribed o f informing themselves concerning the health o f minors
in factories is hereby transferred to the State board o f labor and
industries. The said board shall promptly report to the State
board of health all cases o f disease in industrial establishments
which may affect the health o f the community.
LABOR LEGISLATION OF 1912— MASSACHUSETTS.
Sec. 7. The board may appoint not more than two deputy com
missioners of labor who shall be under the direction o f and re
sponsible to, the commissioner. One o f the said deputies shall be
especially qualified to supervise the enforcement of laws under
the jurisdiction of the board which relate to the health o f persons
employed in buildings used for industrial purposes and shall be
charged with that duty. Further division o f powers and duties
between the deputy commissioners may be made by the board,
which shall also fix their salaries and terms o f office with the
approval of the governor and council. The board shall have
power to remove a deputy commissioner from office at any time
by vote of a majority o f its members.
Sec. 8 . The board shall have power to appoint and remove in
dustrial health inspectors, industrial inspectors, assistant in
dustrial inspectors, and necessary clerical assistants, subject to
the laws of the Commonwealth relating to the appointment and
removal of employees in the classified civil service. The total
number o f industrial health inspectors, industrial inspectors and
assistant industrial inspectors shall not exceed twenty-four, o f
whom at least four shall be women. The State civil service com
missioners shall prepare rules, subject to the approval of the gov
ernor and council, for including in the classified service all in
dustrial health inspectors, industrial inspectors, assistant indus
trial inspectors, and clerical assistants. These rules shall provide
that candidates for appointment shall pass an examination o f a
comprehensive and practical character based upon the particular
requirements of the kind o f work to be done: Provided, That per
sons employed at the time when this act takes effect as inspectors
o f factories and public buildings in the inspection department o f
the district police and not retained in said department, as pro
vided in section twelve of this act, shall be transferred without
such special examination, and without regard to age, to serve as
industrial inspectors. Such transfer shall not affect any rights
of retirement with pension that shall have accrued at the date
when it is made, or would thereafter accrue to an inspector so
transferred, but all such rights shall be retained by any inspector
as if he had remained a district police officer. Industrial health
inspectors shall be persons admitted to practice medicine in this
Commonwealth.
Inspectors and assistant inspectors shall be not over forty-five
years o f age on the date o f their first appointment, but this age
limit shall not apply to any reappointment.
Industrial health inspectors, industrial inspectors, and assistant
industrial inspectors shall devote their entire time to the affairs
of the board.
Each inspector shall, before entering upon his duties, be sworn
to the faithful performance thereof.
The salaries o f the industrial health inspectors, industrial in
spectors and assistant industrial inspectors shall be determined by
the board with the approval o f the governor and council and shall
be graded and o f sufficient amount to secure competent men and
women for the service: Provided, however, That the salaries of
the industrial inspectors shall be not less than fifteen hundred
dollars a year: And provided, further, That the amount expended
by the board in any year for such salaries shall not exceed the
annual appropriation therefor. All salaries provided for under
this act shall be paid out o f the treasury o f the Commonwealth.
Sec. 9. The commissioner o f labor may divide the Common
wealth into inspection districts, and may assign the number of
industrial health inspectors, industrial inspectors and assistant
industrial inspectors thereto which he deems necessary, all with
the consent of the board. Any order made by a deputy commis
sioner or inspector may be amended, suspended or revoked by the
commissioner of labor or by the board, and any order made by
the commissioner may be amended, suspended or revoked by the
board.
m
D e p u ty com
m ission ers.
A p p o in tm e n t
and rem ova l
o f officers.
S ala ries.
D is tr ic ts .
1 22
BULLETIN OP THE BUREAU OF LABOR.
Bribery, etc.
Sec. 10. Any inspector under the State board of labor and in
dustries who directly or indirectly receives a reward, gift or
gratuity on account of his official services, shall be punished by a
line of not more than one hundred dollars or by imprisonment for
not more than three months; and shall also be discharged from
office.
Sec. 11. For the enforcement o f any law within the jurisdiction
Police pow
ers.
of the State board o f labor and industries, industrial health in
spectors, industrial inspectors and assistant industrial inspectors
shall possess the police powers granted by existing law to mem
bers o f the inspection department o f the district police.
Office abol
Sec. 12. The office o f inspector o f factories and public buildings
ished.
in the inspection department o f the district police is hereby abol
ished. The inspectors o f factories and public buildings who are,
at the time of the passage o f this act, serving as building inspec
tors, so-called, shall remain members o f the district police force
with the title o f inspectors o f buildings. The total number o f
such inspectors shall be eighteen, and, upon the taking effect of
this act, the governor shall designate from among the inspectors
of factories and public buildings who are at the time of its pas
sage serving as factory inspectors, so-called, a sufficient number
of such inspectors to remain members o f the district police and to
serve as inspectors o f buildings to complete this number. The re
maining inspectors o f factories and public buildings shall, upon
the taking effect o f this act, be transferred to service under the
State board of labor and industries as provided in section eight of
this act. Inspectors of buildings shall have the powers and be
charged with the duties o f the present inspectors o f factories and
public buildings o f the district police, except as otherwise provided
in this act.
Reports of ac
S ec . 13. Copies o f all reports concerning injuries received by
cidents.
employees, which employers are required to file with the industrial
accident board under the provisions of section eighteen of Part
III of chapter seven hundred and fifty-one o f the acts o f the year
nineteen hundred and eleven, shall be filed with the State board o f
labor and industries. Any employer who refuses or neglects to
make the report required by this section shall be punished by a
fine o f not more than fifty dollars for each offense.
Annual r e
Sec. 14. The board shall annually, on or before the first Wed
ports.
nesday in January, submit to the general court a report contain
ing a statement of the character and results o f the work per
formed by it or under its direction during the preceding year and
o f the expenditures for the year, together with an estimate of the
sum required for the ensuing year and recommendations for such
additional legislation as the board shall deem necessary.
Repeal.
Sec. 15. All acts and parts of acts inconsistent herewith are
hereby repealed; but nothing in this act shall be construed as
affecting the duties of the bureau of statistics as defined by
chapter three hundred and seventy-one of the acts of the year
nineteen hundred and nine.
S ec. 16. This act shall take effect on the first day of June,
A c t in e f
feet.
nineteen hundred and thirteen, except that so much o f the act as
provides for the appointment of the members o f the board and of
the commissioner, deputy commissioners and necessary clerical
assistants shall take effect on the first day o f March, nineteen hun
dred and thirteen.
Approved June 10, 1912.
RESOLVES.
C h a pter 30.— State printing.
Contracts.
The attorney general, the secretary of the Commonwealth, the
treasurer and receiver general, the auditor of the Commonwealth,
the clerk o f the senate and the clerk o f the house of representa
tives are hereby directed to advertise for proposals for the execu
tion of all the printing and binding for the several departments
LABOR LEGISLATION OF 1912— MASSACHUSETTS.
123
o f the government o f tlie Commonwealth, except office stationery
and blank books without printed headings, for a term of three or
five years from the first day o f July in the year nineteen hundred
and twelve. They shall take into consideration the circumstances
and facilities o f the several bidders for the work as well as the Labor conditerms offered; they may reject any bids received, and they shall tions.
award the contract, to be based upon a w’orking-day o f eight hours
for each week day, except that on Saturday the working-day shall
consist o f four hours unless in the judgment of the official having
supervision o f the State printing, legislative or ballot work shall
require a full day of eight hours, and equal pay for equal work
performed by men and women, at such rates as they shall decide
to be equitable between employer and employed, and to such bidder
as in their judgment the interests o f the Commonwealth may re
quire; and they shall execute the contract in the name and be
half o f the Commonwealth. Bonds satisfactory to the said o f
ficers, to an amount not less than ten thousand dollars, shall be
given by the party to whom the contract is awarded, to secure the
faithful performance o f the contract.
Approved March 21, 1912.
MICHIGAN.
FIRST EXTRA SESSION—1912.
A ct No. 10.— Compensation of workmen for injuries.
P art I.
m odification of remedies .
S ection 1. In an action to recover damages for personal injury
Defenses absu stained by an employee in the course o f his employment, or for rogated.
death resulting from personal injuries so sustained, it shall not
be a defense:
(a ) That the employee was negligent, unless and except it shall
appear that such negligence was w illfu l;
(b) That the injury was caused by the negligence o f a fellow
employee;
(c) That the employee had assumed the risks inherent in or in, cidental to, or arising out o f his employment, or arising from the
failure o f the employer to provide and maintain safe premises
and suitable appliances.
Sec. 2. The provisions of section one shall not apply to actions Exemptions,
to recover damages for personal injuries sustained by household
domestic servants and farm laborers.
Sec. 3. The provisions o f section one shall not apply to actions Election by
to recover damages for the death of, or for personal injuries sus- employers,
tained by employees o f any employer who has elected, with the
approval of the industrial accident board hereinafter created, to
pay compensation in the manner and to the extent hereinafter
provided.
Sec. 4. Any employer who has elected, with the approval of the Effect of eiecindustrial accident board hereinafter created, to pay compensation tion=
as hereinafter provided, shall not be subject to the provisions of
section one; nor shall such employer be subject to any other lia
bility whatsoever, save as herein provided for the death of or
personal injury to any employee, for which death or injury com
pensation is recoverable under this act, except as to employees
who have elected in the manner hereinafter provided not to be
come subject to the provisions of this act.
Sec. 5. The following shall constitute employers subject to the
provisions o f this a c t:
1. The State and each county, city, township, incorporated vil- Who are emlage and school district therein;
pioyers.
2. Every person, firm and private corporation, including any
public service corporation, who has any person in service under
124
BULLETIN OF THE BUREAU OF LABOR.
any contract of liire, express or implied, oral or written, and who,
at or prior to the time of the accident to the employee for which
compensation under this act may be claimed, shall in the manner
provided in the next section, have elected to become subject to the
provisions o f this act, and who shall not, prior to such accident,
have effected a withdrawal of such election, in the manner pro
vided in the next section.
How e l e c - Sec. 6 . Such election on the part of the employers mentioned in
tion is made, subdivision two o f the preceding section, shall be made by filing
with the industrial accident board hereinafter provided for, a
written statement to the effect that such employer accepts the
provisions o f this act, and that he adopts, subject to the approval
of said board, one of the four methods provided for the payment of
the compensation hereinafter specified. The filing o f such state
ment and the approval o f said board shall operate, within the
meaning of the preceding section, to subject such employer to the
provisions o f this act and all acts amendatory thereof for the
term of one year from the date o f the filing of such statement, and
thereafter, without further act on his part, for successive terms
of one year each, unless such employer shall, at least thirty days
prior to the expiration of such first or any succeeding year, file
in the office of said board a notice in writing to the effect that he
desires to withdraw his election to be subject to the provisions of
this act: Provided, however, That such employer so electing to
become subject to the provisions of this act shall, within ten
days after the approval by said board o f his election filed as afore
said, post in a conspicuous place in his plant, shop, minor place of
work, or if such employer be a transportation company, at its
several stations and docks, notice in the form as prescribed and
furnished by the industrial accident board to the effect that he
accepts and will be bound by the provisions o f this act.
Sec. 7. The term “ employee ” as used in this act shall be con
strued to mean:
Who are em- 1. Every person in the service o f the State, or of any county,
ployees.
city, township, incorporated* village or school district therein,
under any appointment, or contract o f hire, express or implied,
oral or written, except any official o f the State, or o f any county,
city, township, incorporated village or school district therein:
Provided, That one employed by a contractor who has contracted
with a county, city, township, incorporated village, school district
or the State, through its representatives, shall not be considered
an employee o f the State, county, city, township, incorporated vil
lage or school district which made the contract;
2. Every person in the service of another under any contract of
hire, express or implied, oral or written, including aliens, and also
including minors who are legally permitted to work under the
laws o f the State who, for the purposes o f this act, shall be con
sidered the same and have the same power to contract as adult
employees, but not including any person whose employment is but
casual or is not in the usual course o f the trade, business, profes
sion or occupation of his employer.
Empio y e e s
Sec. 8 . Any employee as defined in subdivision one o f the pre
subject to act. ceding section shall be subject to the provisions o f this act and of
any act amendatory thereof. Any employee as defined in subdivi
sion two o f the preceding section shall be deemed to have ac
cepted and shall be subject to the provisions of this act and of any
act amendatory thereof if, at the time o f the accident upon which
liability is claimed:
1. The employer charged with such liability is subject to the
provisions of this act, whether the employee has actual notice
thereof or not; and
2. Such employee shall not, at the time of entering into his con
tract of hire, express or implied, with such employer, have given to
his employer notice in writing that he elects not to be subject to
the provisions o f this a c t; or, in the event that such contract of
hire was made before such employer became subject to the pro
visions of this act, such employee shall have given to his em-
125
LABOR LEGISLATION OF 1912----MICHIGAN.
ployer notice in writing that lie elects not to be subject to such
provisions, or without giving either of such notices shall have
remained in the service o f such employer for thirty days after the
employer has filed with said board an election to be subject to
the terms of this act. An employee who has given notice to his
employer in writing as aforesaid that he elects not to be subject
to the provisions o f this act, may waive such claim by a notice
in writing, which shall take effect five days after it is delivered
to the employer or his agent.
P art II.
COMPENSATION.
S ection 1. If an employee who has not given notice o f his elec
tion not to be subject to the provisions of this act, as provided in
part one, section eight, or who has given such notice and has
waived the same as hereinbefore provided, receives a personal
injury arising out of and in the course o f his employment by an
employer who is at the time of such injury subject to the pro
visions of this act, he shall be paid compensation in the manner
and to the extent hereinafter provided, or in case o f his death
resulting from such injuries such compensation shall be paid to
his dependents as hereinafter defined.
Sec. 2. I f the employee is injured by reason of his intentional
and willful misconduct, he shall not receive compensation under
the provisions o f this act.
Sec. 3. No compensation shall be paid under this act for any
injury which does not incapacitate the employee for a period of
at least two weeks from earning full wages, but if incapacity
extends beyond the period of two weeks, compensation shall be
gin on the fifteenth day after the in ju ry: Provided, however, That
if such disability continues for eight weeks or longer, such com
pensation shall be computed from the date o f the injury.
S ec. 4. During the first three weeks after the injury the em
ployer shall furnish, or cause to be furnished, reasonable medical
and hospital services and medicines when they are needed.
Sec. 5. I f death results from the injury, the employer shall pay,
or cause to be paid, subject, however, to the provisions o f section
twelve hereof, in one o f the methods hereinafter provided, to the
dependents o f the employee, wholly dependent upon his earnings
for support at the time of the injury, a weekly payment equal to
one-half his average weekly wages, but not more than ten dollars
nor less than four dollars a week for a period of three hundred
weeks from the date of the injury. I f the employee leaves de
pendents only partly dependent upon his earnings for support
at the time of his injury, the weekly compensation to be paid as
aforesaid shall be equal to the same proportion of the weekly
payments for the benefit of persons wholly dependent as the
amount contributed by the employee to such partial dependents
bears to the annual earnings of the deceased at the time of his
injury. When weekly payments have been made to an injured
employee before his death the compensation to dependents shall
begin from the date of the last of such payments, but shall not
continue more than three hundred weeks from the date o f the
injury.
, Sec. 6. The following persons shall be conclusively presumed to
be wholly dependent for support upon a deceased employee:
(a ) A wife upon a husband with whom she lives at the time o f
his death;
(b) A husband upon a wife with whom he lives at the time o f
her death;
(c) A child or children under the age of sixteen years (or over
said age, if physically or mentally incapacitated from earning)
upon the parent with whom he is or they are living at the time
of the death o f such parent, there being no surviving parent.
In case there is more than one child thus dependent, the death
Who may re
ceive compen
sation.
Willful mis
conduct.
W aiting
time.
Medical, etc.,
services.
Death.
Dependents.
126
BULLETIN OF THE BUREAU OF LABOR.
benefit shall be divided equally among them. In all other cases
questions .of dependency, in whole or in part, shall be determined
in accordance with the fact, as the fact may be at the time of
the injury; and in such other cases, if there is more than one
person wholly dependent, the death benefit shall be divided
equally among them, and persons partly dependent, if any, shall
receive no part thereof; if there is no one wholly dependent and
more than one person partly dependent, the death benefit shall
be divided among them according to the relative extent of their
dependency. No person shall be considered a dependent, unless a
member of the family o f the deceased employee, or bears to him
the relation o f husband or widow, or lineal descendant, or an
cestor, or brother, or sister.
Determi naS ec . 7. Questions as to who constitute dependents and the ex
t i o n o f de tent o f their dependency shall be determined as o f the date o f
pendency.
the accident to the employee, and-their right to any death benefit
shall become fixed as o f such time, irrespective o f any subsequent
change in conditions; and the death benefit shall be directly
recoverable by and payable to the dependent or dependents en
titled thereto, or their legal guardians or trustees. In case of
the death of one such dependent his proportion of such compensa
tion shall be payable to the surviving dependents pro rata. Upon
the death of all such dependents compensation shall cease. No
person shall be excluded as a dependent who is a nonresident
alien. No dependent of an injured employee shall be deemed,
during the life of such employee, a party in interest to any pro
ceeding by him for the enforcement of collection o f any claim
for compensation, nor as respects the compromise thereof by
such employee.
I f no depend S ec . 8 . I f the employee leaves no dependents the employer shall
ents.
pay, or cause to be paid as hereinafter provided, the reasonable
expense of his last sickness and burying, which shall not exceed
two hundred dollars.
Total inca
S ec. 9. While the incapacity for work resulting from the in
pacity.
jury is total, the employer shall pay, or cause to be paid as here
inafter provided, to the injured employee a weekly compensation
equal to one-half his average weekly wages, but not more than
ten dollars nor less than four dollars a week; and in no case
shall the period covered by such compensation be greater than
five hundred weeks, nor shall the total amount of all compensa
tion exceed four thousand dollars.
Partial inca• S ec. 10. While the incapacity for work resulting from the in
pacity.
jury is partial, the employer shall pay, or cause to be paid as
hereinafter provided, to the injured employee a weekly compensa
tion equal to one-half the difference between his average weekly
wages before the injury and the average weekly wages which he
is able to earn thereafter, but not more than ten dollars a week;
and in no case shall the period covered by such compensation be
greater than three hundred weeks from the date of the injury.
In cases included by the following schedule the disability in each
such case shall be deemed to continue for the period specified,
and the compensation so paid for such injury shall be as specified
therein, to w it:
S pecific
in
For the loss of a thumb, fifty per centum o f the average weekly
ju ries.
wages during sixty weeks;
For the loss of a first finger, commonly called index finger, fifty
per centum of average weekly wages during thirty-five weeks;
For the loss o f a second finger, fifty per centum of average
weekly wages during thirty weeks;
For the loss o f a third finger, fifty per centum o f average weekly
wages during twenty weeks;
For the loss o f a fourth finger, commonly called little finger,
fifty per centum of average weekly wages during fifteen weeks;
The loss o f the first phalange o f the thumb, or o f any finger,
shall be considered to be equal to the loss of one-half o f such
thumb, or finger, and compensation shall be one-half the amounts
above specified;
LABOR LEGISLATION OF 1912----MICHIGAN.
127
The loss o f more than one phalange shall be considered as the
loss o f the entire finger or thumb: Provided, however, That in
no case shall the amount received for more than one finger exceed
the amount provided in this schedule for the loss o f a hand;
For the loss o f a great toe, fifty per centum of average weekly
wages during thirty weeks;
For the loss o f one of the toes other than a great toe, fifty
per centum o f average weekly wages during ten weeks;
The loss o f the first phalange of any toe shall be considered
to be equal to the loss of one-half of such toe, and compensation
shall be one-half o f the amount above specified;
The loss of more than one phalange shall be considered as the
lo ^ o f the entire to e ;
For the loss o f a hand, fifty per centum of average weekly wages
during one hundred and fifty weeks;
For the loss o f an arm, fifty per centum of average weekly
wages during two hundred weeks;
For the loss o f a foot, fifty per centum of average weekly wages
during one hundred and twenty-five weeks;
For the loss of a leg, fifty per centum o f average weekly wages
during one hundred and seventy-five weeks;
For the loss o f an eye, fifty per centum of average weekly
wages during one hundred weeks;
The loss o f both hands, or both arms, or both feet, or both
legs, or both eyes, or of any two thereof, shall constitute total
and permanent disability, to be compensated according to the
provisions o f section nine.
The. amounts specified in this clause are all subject to the same
limitations as to maximum and minimum as above stated.
S ec . 11. The term “ average weekly wages” as used in this W a g e s deact is defined to be one fifty-second part o f the average annualfined*
earnings of the employee. I f the injured employee has not worked
in the employment in which he was working at the time of the
accident, whether for the employer or not, during substantially the
whole of the year immediately preceding his injury, his average
annual earnings .shall consist o f three hundred times the average
daily wage or salary which he has earned in such employment
during the days when so employed. If the injured employee has
not worked in such employment during substantially the whole
of such immediately preceding year, his average annual earnings
shall consist o f three hundred times the average daily wage or
salary which an employee o f the same class working substantially
the whole of such immediately preceding year in the same or a
similar employment in the same or a neighboring place, shall have
earned in such employment during the days when so employed.
In cases where the foregoing methods o f arriving at the average
annual earnings o f the injured employee can not reasonably and
fairly be applied, such annual earnings shall be taken at such
sum as, having regard to the previous earnings o f the injured
employee, and of other employees o f the same or most similar
class, working in the same or most similar employment, in the
same or neighboring locality, shall reasonably represent the annual
earning capacity o f the injured employee at the time o f the acci
dent in the employment in which he was working at such time.
The fact that an employee has suffered a previous disability, or S e c o n d inreceived compensation therefor, shall not preclude compensation j uriesfor a later injury, or for death, but in determining compensation
for the later injury, or death, his average annual earnings shall
be such sum as will reasonably represent his annual earning
capacity at the time of the later injury in the employment in
which he was working at such time, and shall be arrived at
according to and subject to the limitations of the provisions o f
this section. The weekly loss in wages referred to in this act
shall consist o f such percentage o f the average weekly earnings o f
the injured employee, computed according to the provisions of this
section, as shall fairly represent the proportionate extent of the
impairment o f his earning capacity in the employment in which he
128
BULLETIN OF THE BUREAU OF LABOR.
was working at the time of the accident, the same to be fixed as
of the time o f the accident, but to be determined in view of the
nature and extent o f the injury.
Death d u rS e c . 1 2 . The death of the injured employee prior to the expiraPeJiod of tion o f the period, within which he would receive such weekly
disability.
payments shall be deemed to end such disability, and all liability
for the remainder of such payments which he would have received
in case he had lived shall be terminated, but the employer shall
thereupon be liable for the following death benefits in lieu o f any
further disability indemnity:
I f the injury so received by such employee was the proximate
cause of his death, and such deceased employee leaves dependents,
as hereinbefore specified, wholly or partially dependent on him
for support, the death benefit shall be a sum sufficient, when added
to the indemnity which shall at the time of death have been
paid or become payable under the provisions o f this act to such
deceased employee, to make the total compensation for the injury
and death exclusive o f medical and hospital services and medi
cines furnished as provided in section four hereof, equal to the
full amount which such dependents would have been entitled to
receive under the provisions o f section five hereof in case the acci
dent had resulted in immediate death, and such benefits shall be
payable in weekly installments in the same manner and subject
to the same terms and conditions in all respects as payments
made under the provisions o f said section five.
insurance,
S ec . 13. No savings or insurance of the injured employee, nor
etc., of employ- any contribution made by him to any benefit fund or protective
ees‘
association independent o f this act, shall be taken into considera
tion in determining the compensation to be paid hereunder, nor
shall benefits derived from any other source than those paid or
caused to be paid by the employer as herein provided, be con
sidered in fixing the compensation under this act.
i n c o m p e - S ec. 14. I f an injured employee is mentally incompetent or is
tence.
a min or at the time when any right or privilege accrues to him un
der this act, his guardian or next friend may in his behalf claim
and exercise such right or privilege.
Notice and
Sec. 15. No proceedings for compensation for an injury under
claim.
this act shall be maintained, unless a notice o f the injury shall
have been given to the employer three months after the happen
ing thereof, and unless the claim for compensation with respect
to such injury shall have been made within six months after the
occurrence of the same; or, in case of the death o f the employee,
or in the event of his physical or mental incapacity, within six
months after death or the removal o f such physical or mental
incapacity.
Form.
sec. 16. The said notice shall be in writing, and shall state in
ordinary language the time, place and cause of the injury; and
shall be signed by the person injured, or by a person in his behalf,
or, in the event of his death, by his dependents or by a person
in their behalf.
Service.
se c . 17. The notice shall be served upon the employer or an
agent thereof. Such service may be made by delivering said
notice to the person on whom it is to be served, or leaving it at
his residence or place of business, or by sending it by registered
mail addressed to the person or corporation on whom it is to be
served, at his last known residence or place o f business.
Defects, etc.
Sec. 18. A notice given under the provisions o f this act shall
not be held invalid or insufficient by reason o f any inaccuracy
in stating the time, place or cause o f the injury, unless it is
shown that it was the intention to mislead, and the employer, or
the insurance company carrying such risk, or the commissioner of
insurance, as the case may be, was in fact mislead thereby. Want
of such written notice shall not be a bar to proceedings under this
act, if it be shown that the employer had notice or knowledge of
the injury.
GX Sec. 19. After an employee has given notice o f an injury, as proam
*
vided by this act, and from time to time thereafter during the
LABOR LEGISLATION OF 1912----MICHIGAN.
129
continuance of his disability, lie shall, if so requested by the em
ployer, or the insurance company carrying such risk, or the com
missioner o f insurance, as the case may be, submit himself to an
examination by a physician or surgeon authorized to practice
medicine under the laws of the State, furnished and paid for by
the employer, or the insurance company carrying such risk, or
the commissioner of insurance, as the case may be. The em
ployee shall have the right to have a physician provided and paid
fo r by himself present at the examination. I f he refuses to sub
mit himself for the examination, or in any way obstructs the
same, his right to compensation shall be suspended, and his com
pensation during the period of suspension may be forfeited. Any
physician who shall make or be present at any such examination
may be required to testify under oath as to the results thereof.
Sec. 20. No agreement by an employee to waive his rights to Waivers,
compensation under this act shall be valid.
S e c . 21 No payment under this act shall be assignable or subExemption
ject to attachment or garnishment, or be held liable in any way f r o m a ssignfor any debts. In case of insolvency every liability for com- ment> etc.
pensation under this act shall constitute a first lien upon all the
property o f the employer liable therefor, paramount to all other
claims or liens except for wages and taxes, and such liens shall
be enforced by order of the court.
Sec. 22. Whenever any weekly payment has been continued for L u m p - s u m
not less than six months, the liability therefor may be redeemed p a ym en ts,
by the payment o f a lump sum by agreement o f the parties, sub
ject to the approval o f the industrial accident board, and said
board may at any time direct in any case, if special circumstances
be found which in its judgment require the same, that the de
ferred payments be commuted on the present worth thereof at
five per cent per annum to one or more lump sum payments, and
that such payments shall be made by the employer or the in
surance company carrying such risk, or commissioner o f insurance,
as the case may be.
P art I I I .
PROCEDURE.
Section 1. There is hereby created a board which shall be industrial acknown as the industrial accident board, consisting of three mem-cident board,
bers to be appointed by the governor, by and with the consent
of the senate, one o f whom shall be designated by the governor
as chairman. Appointments to fill vacancies may be made during
recesses of the senate, but shall be subject to confirmation by the
senate at the next ensuing session o f the legislature. The term
of office of members o f this board shall be six years, except that
when first constituted one member shall be appointed for two
years, one for four years, and one for six years. Thereafter one
member shall be appointed every second year for the full term
of six years. No more than two members of this board shall
belong to the same political party.
S e c . 2. The salary o f each o f the members so appointed by the
S ala ries, etc.
governor shall be three thousand five hundred dollars per year.
The board may appoint a secretary at a salary o f not more than
two thousand five hundred dollars a year, and may remove him.
The board shall be provided with an office in the capitol, or in
some other suitable building in the city of Lansing, in which its
records shall be kept, and it shall also be provided with necessary
office furniture, stationery and other supplies. It shall provide
itself with a seal for the authentication of its orders, awards and
proceedings, upon which shall be inscribed the words “ Industrial
Accident Board—Michigan—Seal.” It shall employ such assist
ants and clerical help as it may deem necessary and fix the com
pensation o f all persons so employed: Provided, That the average
compensation paid to such employees shall not exceed one thou
sand dollars per annum for each person employed, and all such
70244°—Bull, 111—13------ 9
130
BULLETIN OF THE BUREAU OF LABOR.
clerical assistants shall be subject to existing laws regulating
the grading and compensation of department clerks. The mem
bers o f the board and its assistants shall be entitled to receive
from the State their actual and necessary expenses while travel
ing on the business of the board; but such expenses shall be sworn
to by the person who incurred the same, and be approved by the
chairman of the board before payment is made.
All such salaries and expenses when audited and allowed by the
board o f State auditors, shall be paid by the State treasurer out
of the general fund, upon warrant of the auditor general.
R ules.
S e c . 3 . The board may make rules not inconsistent with this
act for carrying out the provisions of the act. Process and
procedure under this act shall be as summary as reasonably
may be. The board or any member thereof shall have the power
to administer oaths, subpoena witnesses and to examine such
parts of the books and records of the parties to a proceeding
as relate to questions in dispute.
F orm s.
S e c . 4 . The board shall cause to be printed and furnish free o f
charge to any employer or employee such blank forms as it shall
deem requisite to facilitate or promote the efficient administration
of this a c t; it shall provide a proper record book in which shall
be entered and indexed the name of any employer who shall
file a statement of election under this act, and the date o f the
filing thereof and its approval by such board, and a separate
book in which shall be entered and indexed the name o f every
employer who shall file his notice o f withdrawal of said election,
and the date o f the filing thereof; and books in which shall be
recorded all orders and awards made by the board; and such
other books or records as it shall deem required by the proper
and efficient administration o f this act; all such records to be
kept in the office of the board. Upon the filing of a statement o f
election by an employer to become subject to the provisions
of this act, the board shall forthwith cause such notice o f the
fact to be given by requiring said employer to post such notice
as hereinbefore provided; and the board shall likewise cause
notice to be given of the filing of any withdrawal o f such election;
but notwithstanding the failure to give, or the insufficiency of,
any such notice, knowledge o f all filed statements of election and
notices of withdrawal of election, and of the time of the filing
of the same, shall conclusively be imputed to all employees.
A g reem en ts
S e c . 5. If the employer, or the insurance company carrying such
to be filed.
risk> or commissioner o f insurance, as the case may be, and the
injured employee reach an agreement in regard to compensation
under this act, a memorandum of such agreement shall be filed
with the industrial accident board, and, if approved by it, shall
be deemed final and binding upon the parties thereto. Such agree
ments shall be approved by said board only when the terms
conform to the provisions o f this act.
A rb itra tio n .
S e c . 6 . I f the employer, or the insurance company carrying
such risk, or the commissioner of insurance, as the case may be,
and the employee fail to reach an agreement in regard to com
pensation under this act, either party may notify the industrial
accident board, who shall thereupon call for the formation o f a
committee of arbitration. The committee o f arbitration shall
consist of three members, one o f whom shall be a member of the
industrial accident board, and shall act as chairman. The other
two members shall be named respectively by the two parties.
Dut y of
S e c . 7 . It shall be the duty of the industrial accident board,
board.
upon notification that the parties have failed to reach an agree
ment, to request both parties to appoint their respective repre
sentatives on the committee of arbitration. The board shall
designate one of its members to act as chairman, and, if either
party does not appoint its member on this committee within seven
days after notification as above provided, the board or any mem
ber thereof shall fill the vacancy and notify the parties to that
effect.
131
LABOR LEGISLATION OF 1912----MICHIGAN.
Sec. 8 . The committee of arbitration shall make such inquiries
and investigations as it shall deem necessary. The hearings of
the committee shall be held at the locality where the injury
occurred, and the decision o f the committee shall be filed with the
industrial accident board. Unless a claim for a review is filed
by either party within seven days, the decision shall stand as the
decision o f the industrial accident board: Provided, That said
industrial accident board may, for sufficient cause shown, grant
further time in which to claim such review.
Sec. 9. The industrial accident board or any member thereof
may appoint a duly qualified impartial physician to examine the
injured employee and to report. The fee for this service shall
be five dollars and traveling expenses, but the board may allow
additional reasonable amounts in extraordinary cases.
Sec. 10. The arbitrators named by or for the parties to the
dispute shall each receive five dollars a day for his services, but
the industrial accident board or any member thereof may allow
additional reasonable amounts in extraordinary cases. The fees o f
such arbitrators and other costs of such arbitration, not exceeding;
however, the taxable costs allowed in suits at law in the circuit
courts o f this State, shall be fixed by the board and paid by the
State as the other expenses of the board are paid. The fees and
the payment thereof of all attorneys and physicians for services
under this act shall be subject to the approval of the industrial
accident board.
Sec. 11. I f a claim for review is filed, as provided in part three,
section eight, the industrial accident board shall promptly review
the decision o f the committee o f arbitration and such records
as may have been kept of its hearings, and shall also if desired
hear the parties, together with such additional evidence as they
may wish to submit, and file its decision therein with the records
of such proceedings. Such review and hearing may be held
in its office-at Lansing or elsewhere as the board shall deem
advisable.
Sec. 12. The findings of fact made by said industrial accident
board acting within its powers, shall, in the absence of fraud,
be conclusive, but the supreme court shall have power to review
questions of law involved in any final decision or determination
o f said industrial accident board: Provided, That application is
made by the aggrieved party within thirty days after such de
termination by certiorari, mandamus or by any other method
permissible under the rules and practice o f said court or the
laws of this State, and to make such further orders in respect
thereto as justice may require.
Sec. 13. Either party may present a certified copy of the de
cision of such industrial accident board approving agreements
of settlement as provided in part three, section five hereof, or
of the decision of such committee o f arbitration when no claim
for review is made as provided in part three, section eight, or
o f the decision o f such industrial accident board when a claim
for review is filed as provided in part three, section eleven,
providing for payment o f compensation under this act, to the
circuit court for the county in which such accident occurred,
whereupon said court shall, without notice, render a judgment
in accordance therewith against said employer and also against
any insurance company carrying such risk under the provisions
o f this a ct; which judgment, until and unless set aside shall have
the same effect as though duly rendered in an action duly tried
and determined by said court, and shall, with like effect, be
entered and docketed.
Sec. 14. Any weekly payment under this act may be reviewed by
the industrial accident board at the request of the employer, or the
insurance company carrying such risks, or the commissioner o f
insurance as the case may be, or the employee; and on such review
it may be ended, diminished or increased, subject to the maximum
and minimum amounts above provided, if the board finds that the
facts warrant such action.
Investiga
tions.
Examination
by physician.
Fees, etc.
Review.
Questions of
fact and law.
Court
crees.
de
Revision
payments.
of
132
BULLETIN OF THE BUREAU
O b'
LABOR.
1 nA u Vh-e l
S ec. 15. Where the injury for which compensation is payable
parties
under this act was caused under circumstances creating a legal
liability in some person other than the employer to pay damages
in respect thereof, the employee may at his option proceed either
at law against that person to recover damages, or against the
employer for compensation under this act, but not against both,
and if compensation be paid under this act the employer may
enforce for his benefit or for that of the insurance company car
rying such risk, or the commissioner o f insurance, as the case
may be, the liability o f such other person.
Settlement
Sec. 16. All questions arising under this act, if not settled by
of disputes.
agreement by the parties interested therein, shall, except as other
wise herein provided, be determined by the industrial accident
board.
Re c o r d s o f
Sec. 17. Every employer shall hereafter keep a record of all inaccidents.
juries, fatal or otherwise, received by his employees in the course
of their employment. Within ten days after the occurrence o f ail
accident resulting in personal injury a report thereof shall be
made in writing to the industrial accident board on blanks to be
procured from the board for that purpose. The said reports shall
contain the name and nature o f the business o f the employer, the
location o f his establishment or place o f work, the name, age, sex
and occupation o f the injured employee, and shall state the time,
the nature and cause o f the injury, and such other information as
may be required by the board. Any employer who refuses or neg
lects to make the report required by this section shall be punished
by a fine of not more than fifty dollars for each offense.
P art IV.
method of p a y m e n t .
H ow payS ection 1. Every employer filing his election t i become subject
ment may be to the provisions o f this act, as hereinbefore
forth, shall have
provided for. the right to specify at the time o f doing so, subject to the approval
of said industrial accident board, which o f the following methods
for the payment o f such compensation he desires to adopt, to w it:
First. Upon furnishing satisfactory proof to said board o f his
solvency and financial ability to pay the compensation and benefits
hereinbefore provided for, to make such payments directly to his
employees, as they may become entitled to receive the same under
the terms and conditions of this a ct; or
Second. To insure against such liability in any employers’ lia
bility company authorized to take such risks in the State of
Michigan; or
Third. To insure against such liability in any employers’ insur
ance association organized under the laws o f the State o f Mich
igan; 01*
Fourth. To request the commissioner o f insurance of the State
of Michigan to assume the administration of the disbursement o f
such compensation exclusive o f that provided for in part two,
section four herein, and the collection of the premiums and assess
ments necessary to pay the same, as provided in part five hereof.
Said board, however, shall have the right, from time to time to
review and alter its decision in approving the election o f such
employer to adopt any one of the foregoing methods o f payment,
if in its judgment such action is necessary or desirable to secure
and safeguard such payments to employees.
Existing inSec. 2. Nothing herein shall affect any existing contract for emsurance c o n - ployers’ liability insurance or affect the organization o f any mutual
tracts.
or 0ther insurance company, or any arrangement now existing be
tween employers and employees, providing for the payment to
such employees, their families, dependents or representatives, sick,
accident or death benefits, in addition to the compensation pro
vided for by this act. But liability for compensation under this
act shall not be reduced or affected by any insurance, contribu
tion or other benefit whatsoever, due to or received by the person
LABOB LEGISLATION OF 1912— MICHIGAN.
133
entitled to such compensation, and the person so entitled shall,
irrespective o f any insurance or other contract, have the right to
recover the same directly from the employer; and in addition
thereto, the right to enforce in his own name in the manner pro
vided in this act the liability of any insurance company or of any
employers’ association organized under the laws o f the State of
Michigan, or the commissioner o f insurance, who may, in whole
or in part, have insured the liability for such compensation:
,
, That payment in whole or in part of such com
pensation by either the employer, or the insurance company carry
ing such risk, or the commissioner of insurance, as the case may
be, shall, to the extent thereof be a bar to recovery against the
other, of the amount so paid.
Sec. 3. Every contract for the insurance o f the compensation C o n t r a c t s
herein provided for, or against liability therefor, shall be deemed subject to act.
to be made subject to the provisions o f this act, and provisions
thereof inconsistent with this act shall be void. No company shall
enter into any such contract for insurance, unless such company
shall have been approved by the commissioner of insurance as
provided by law.
Sec. 4. Any employer against whom liability may exist for com- Discharge of
pensation under this act may, with the approval of the industrial liability,
accident board, be relieved therefrom by:
1. Depositing the present value o f the total unpaid compensa
tion for which such liability exists, assuming interest at three per
centum per annum, with such trust company o f this State as shall
be designated by the employee, or by his dependents, in case o f
his death, and such liability exists in their favor, or in default
o f such designation by him, or them, after ten days’ notice in
writing from the employer, with such trust company of this State
as shall be designated by the industrial accident board; or
2. By the purchase o f an annuity, within the limitations pro
vided by law, in any insurance company granting annuities and
licensed in this State, which may be designated by the employee,
or his dependents, or the industrial accident board, as provided
in subsection one o f this section.
Provided however
Part V.
ADMINISTRATION BY COMMISSIONER OF INSURANCE.
Section 1. Whenever five or more employers, who have become state acclsubject to the provisions o f this act, and who have on their pay dent fund*
rolls an aggregate number of not less than three thousand em
ployees, shall in writing request the commissioner of insurance so
to do, he shall assume charge of levying and collection from them
such premium and dividends as may from time to time be neces.sary to pay the sums which shall become due their employees,
or dependents of their employees, as compensation under the pro
visions of this act, and also the expense o f conducting the adminis
tration o f such funds; and shall disburse the same to the persons
entitled to receive such compensation under the provisions o f this
act: Provided, however, That neither the commissioner o f insur
ance nor the State o f Michigan shall become or be liable or re
sponsible for the payment o f claims for compensation under the
provisions o f this act beyond the extent o f the funds so collected
and received by him as hereinafter provided.
Sec. 2. The commissioner o f insurance shall immediately upon Administraassuming the administration o f the collection and disbursement of tionthe moneys referred to in the preceding section, cause to be created
in the State treasury a fund to be known as “ accident fund.”
Each such employer shall contribute to this fund to the extent o f
such premiums or assessments as the commissioner shall deem
necessary to pay the compensation accruing under this act to em
ployees o f such employers or to their dependents, which premiums
and assessments shall be levied in the manner and proportion
hereinafter set forth. The commissioner o f insurance shall give
134
BULLETIN OF THE BUREAU OF LABOR.
a good and sufficient bond in tlie sum of twenty-five thousand
dollars, executed by some surety company authorized to do busi
ness in the State o f Michigan, covering the collection and disburse
ment o f all moneys that may come into his hands under the pro
visions o f this act. The premium on said bond shall be paid out
o f the general funds o f the State on an order o f the auditor gen
eral. Said bond must be approved by the board o f State auditors.
S e c . 3. It is the intention that the amounts raised for such fund
shall ultimately become neither more nor less than self-supporting,
and the premiums or assessments levied for such purpose shall be
subject to readjustment from time to time by the commissioner of
insurance as may become necessary.
S e c . 4 . The commissioner of insurance may classify the establishments or works of such employers in groups in accordance with
the nature o f the business in which they are engaged and the prob
able risk o f injury to their employees under existing conditions.
He shall determine the amount o f the premiums or assessments
which such employers shall pay to said accident fund, and may
prescribe when and in what manner such premiums and assess
ments shall be paid, and may change the amount thereof both in
respect to any or all o f such employers from time to time, as cir
cumstances may require, and the condition o f their respective
plants, establishments or places o f work in respect to the safety
o f their employees may justify, but all such premiums or assess
ments shall be levied on a basis that shall be fair, equitable and
just as among such employers. At the beginning o f each fiscal
year it shall be the duty o f the commissioner o f insurance to call
for the required payment o f premiums in such amounts as shall,
together with any balance in the accident fund, in his judgment,
and subject to the approval o f said industrial accident board, be
sufficient to enable him to pay all sums which may become due
and payable to the employees o f any such employer who has be
come subject to the provisions o f part five o f this act, and also
the expenses o f administering such funds during the following
P r e m iu m
rates.
C la s s ific a tion .
yea r.
D e fa u lt
p a ym en ts
prem ium s.
Sec. 5. I f any employer shall make default in the payment of
in
o f any contribution, premium or assessment required as aforesaid by
W ith d r a w in g
fro m in su ra n ce
commissioner 0 f insurance, the sum due shall be collected by
an action at law in the name of the State as plaintiff, and such
right o f action shall be in addition to any other right o f action or
remedy. In case any injury happens to any o f the workmen o f
such employer during the period o f any default in the payment o f
any such premium, assessment or contribution, the defaulting em
ployer shall not, if such default be after demand for payment, be
entitled to the benefits o f this act, but shall be liable to suit by
the injured workman, or by his dependents in case death results
from such accident, as if he had not elected to become subject to
this act. In case, however, the amount actually collected in by
such injured workman or his dependents shall equal or exceed
the compensation to which the plaintiff therein would be entitled
under this act, the plaintiff shall not be paid anything out o f said
accident fund. I f the said amount shall be less than such com
pensation under this act, the accident fund shall contribute the
amount o f the deficiency. The person so entitled under the provi
sions o f this section shall have the choice, to be exercised before
suit, of proceeding by suit or taking under this act. If such per
son shall take under this act, the cause o f action against the em
ployer shall be assigned to the State for the benefit o f the accident
fund.
Sec. 6 . Any employer subject to the provisions o f part five of
t h i s act, who has complied with all the rules, regulations and de
mands o f the industrial accident board and the commissioner o f
insurance, may withdraw therefrom at the expiration o f the period
o f one year for which he has elected to become subject to the
provisions o f this a c t: Provided, however, That he shall give writ
ten notice o f such withdrawal to said commissioner of insurance
at least thirty days before the expiration o f such period: And
LABOR LEGISLATION OF 1912----MICHIGAN.
135
provided further, That if at the time o f such withdrawal liability
may exist against employer for compensation to employees who
have been theretofore killed or injured, as hereinbefore provided,
such employer shall either relieve himself and the commissioner
of insurance from such liability in the manner provided in part
four, section four o f this act, or shall otherwise protect and in
demnify said commissioner o f insurance against such liability in
such reasonable manner as he may require.
Sec. 7. In case any controversy shall arise between the commis- Disputes,
sioner o f insurance and any employer subject to the provisions of
part five o f this act, relative to any rule or regulation adopted by
said commissioner o f insurance, or any decision made by him in
respect to the collection, administration and disbursement o f such
funds, or in case any controversy shall arise between any em
ployee claiming compensation under the provisions o f this act and
said commissioner o f insurance, all such controversies o f every
kind and nature shall be subject to review in like manner and with
the same force and effect in all respects as is heretofore provided
in respect to differences arising through the administration of such
funds by the employer, or by a liability insurance company or by
an employers’ mutual insurance association.
Sec. 8 . The books, records and pay rolls of each employer sub- Inspection of
ject to the provisions of part five of this act shall always be open Pay rolls* etcto inspection by the commissioner of insurance, or his duly au
thorized agent or representative, for the purpose o f ascertaining
the correctness of the amount of the pay roll reported, the number
o f men employed, and such other information as said commissioner
may require in the administration of said funds. Refusal on the
part of any such employer to submit said books, records and pay
rolls for such inspection, shall subject the offending employer to a
penalty of fifty dollars for each offense, to be collected by civil
action in the name o f the State and paid into the accident fund,
and the individual who shall personally give such refusal shall
be guilty of a misdemeanor.
Sec. 9. The commissioner of insurance shall issue proper re- R eceip ts, exceipts for all moneys so collected and received from employers, as p e n d itu re s,e tc.
aforesaid, shall take receipts for all sums paid to employees for
compensation under the provisions of this act, and shall keep full
and complete records of all business transacted by him in the ad
ministration of such funds. He may employ such deputies and as
sistants and clerical help as may be necessary, and as the board
of State auditors may authorize, for the proper administration o f
said funds and the performance of the duties imposed upon him
by the provisions of this act, at such compensation as may be fixed
by said board o f State auditors, and may also remove them. The
commissioner o f insurance and such deputies and assistants shall
be entitled to receive from the State their actual and necessary
expenses while traveling on the business of the board, but all such
salaries and expenses so authorized by the provisions of this act
shall be charged to and paid out o f said accident fund. He shall
include in his annual report a full and correct statement o f the
administration o f such fund, showing its financial status and out
standing obligations, the claims and the amount paid on each
claim, claims not paid, claims contested and why, and general
statistics in respect to all business transacted by him under the
provisions of this act.
Sec. 10. Disbursements from said accident fund shall be made w a r r a n t s
only upon warrants approved by the board o f State auditors upon an d vou ch ers,
vouchers therefor transmitted to it by the commissioner of in
surance. I f at any time there shall not be sufficient money in
said fund wherewith to pay the same, the employer on account of
whose workmen it was that such warrant was drawn shall pay the
same, and he shall be credited upon his next following contribu
tion to such fund the amount so paid, with interest thereon at the
legal rate, from the date o f such payment to the date such next
following contribution becomes payable, and if the amount o f the
136
R e tu rn
p rem ium s.
BULLETIN OP THE BUREAU OF LABOR*
of
credit shall exceed the amount of the contribution, he shall be
repaid such excess.
S e c . 1 1 . I f this act shall be thereafter repealed, all moneys
which are in the accident fund at the time of such repeal shall be
subject to disposition under the direction of the circuit court for
the county o f Ingham, with due regard, however, to the obligation
incurred and existing to pay compensation under the provisions
o f this act.
P art VI.
m iscellan eou s provision s .
S e c t i o n 1 . If the employee, or his dependents, in case of his
death, of any employer subject to the provisions of this act files
any claim with, or accepts any payment from such employer, or
any insurance company carrying such risks, or from the com
missioner of insurance on account o f personal injury, or makes
any agreement, or submits any question to arbitration under this
act, such action shall constitute a release to such employer o f all
claims or demands at law, if any, arising from such injury.
E ffect o f litiS e c . 2. I f the provisions o f this act relating to compensation for
ga tion .
injuries to or death of workmen shall be repealed or adjudged in
valid or unconstitutional, the period intervening between the oc
currence o f an injury or death and such repeal, or the final ad
judication of Invalidity, shall not be computed as a part of the
time limited by law for the commencement of any action relating
to such injury or death, but the amount o f any compensation
which may have been paid for any such injury shall .be deducted
from any judgment for damages recovered on account of such
injury.
P r io r ca u ses
S e c . 8 . This act shall not affect any cause o f action existing or
o f a ction .
pending before it went into effect.
R e la tio n to
S e c . 4 . The provisions o f this act shall apply to employers and
F ed era l
s ta t- workmen engaged in intrastate commerce, and also to those enu
gaged in interstate or foreign commerce, for whom a rule of liabil
ity or method of compensation has been or may be established by
the Congress of the United States, only to the extent that their
mutual connection with intrastate work may and shall be»clearly
separable and distinguishable from interstate or foreign com
merce, except that any such employer and any o f his workmen
working only in this State, may, subject to the approval o f the
industrial accident board, and so far as not forbidden by any act
o f Congress, voluntarily accept and become bound by the provi
sions o f this act in like manner and with the same force and effect
in all respects as is hereinbefore provided for other employers
and their workmen.
R ep eal.
Sec. 5. All acts or parts of acts inconsistent with this act are to
be deemed replaced by this act, and to that end are hereby re
pealed.
P a rt 5 sepaS e c . 6 . The legislature intends that part five of this act shall be
rate.
deemed separate from the other parts thereof, so that if said part
five should fail or be adjudged invalid or unconstitutional it shall
in no way affect any other part o f this act.
Appropria- Sec. 7. To carry out the provisions of this act there is hereby
tion.
appropriated for the expenses of the industrial accident board
for the fiscal year ending June thirtieth, nineteen hundred thirteen,
and annually thereafter, the sum of twenty-five thousand dollars.
The auditor general shall add to and incorporate into the State
tax the sum of twenty-five thousand dollars annually, which said
sum shall be included in the State taxes apportioned by the
auditor general on all taxable property of the State, to be levied,
assessed and collected as other State taxes, and when so assessed
and collected to be paid into the general fund to reimburse said
fund for the appropriation made by this act.
A c t in effect.
S e c . 8. The provisions of this act shall take effect and be in
force from and after September first, nineteen hundred twelve.
A ccep ta n ce
o f benefits.
Approved March 20, 1912.
LABOR LEGISLATION OP 1912— MICHIGAN.
137
.—Compensation of workmen—Mutual insurance
companies.
Act No. 12
S e c t i o n 1. Any number of persons, firms, partnership associaW ho m a y
tions or corporations, not less than five, who have become subjectf o r m com p a to the provisions o f the laws of Michigan relating to employers*
s*
liability and workmen’s compensation, and who own or operate
mills, factories, manufacturing establishments o f any and every
kind, buildings, stores, hotels and mercantile establishments, or
any combination o f manufacturing and mercantile business, mines,
quarries, blast furnaces, railroads and transportation companies,
telegraph and telephone companies, or who are engaged in the
production or supplying o f gas and electricity for lighting, fuel,
power, or other purposes; printing, publishing and bookmaking,
or in carrying on any other lawful business in the State o f
Michigan, may, subject to the approval o f the Industrial Acci
dent Board of Michigan, associate together and form an incorpo
rated company for the purpose o f mutual insurance o f its mem
bers against liability for any and all payments which may become
due and payable to their employees under the provisions o f law
for death benefits, disability benefits, or otherwise, as hereinbefore
set forth :
, That the persons, firms or corpora
tions so* associating themselves together for the organization of
such company shall have on their pay rolls at that time not less
than five thousand employees:
, That the In
dustrial Accident Board o f Michigan may in its discretion limit
the employers forming or joining in the organization of any such
company to those engaged in industrial operations o f the same
general character, or in operations in which the risks and hazards
incurred by their employees are more or less similar in nature
and extent.
S e c . 2 . Such employers so associating shall prepare in triplicate
A r tic le s
of
articles of association as hereinafter specified, which shall first a ss o cia tio n ,
be submitted to the industrial accident board and the commis
sioner of insurance for their approval, and when approved, one
copy thereof shall be filed in the office of the commissioner o f
insurance, one copy in the office o f the secretary o f state and the
other copy with the county clerk in the county where the princi
pal office o f such company will be maintained. Such articles o f
association shall be signed by all the incorporators, and shall be
acknowledged by them, or by their duly authorized officers or
agents, before some officer o f the State duly authorized to take
acknowledgment o f deeds.
Sec. 3. Such articles of association shall set forth:
Contents of
First. The names o f the persons, firms, partnership associations articles,
and corporations associating in the first instance, their respective
residences, the nature of the business in which they are engaged,
and the number o f persons employed therein by each of them;
Second. That each and all o f such incorporators have elected,
with the approval o f the industrial accident board, to become
subject to the provisions of this act, and are forming this corpora
tion for the purpose o f mutually insuring their members against
liability for any and all payments which may become due and
payable to their employees under the provisions o f this a ct;
Third. The name by which such corporation shall be known;
Fourth. The period for which the company is incorporated,
which shall not exceed thirty years;
Fifth. The number of directors, which shall be not less than
five, nor more than fifteen, and the names o f the directors for the
first year;
Sixth. The place where the office o f the company shall be
located, which shall be within the State of Michigan.
Sec. 4. Any company formed under this act shall be deemed a status,
body corporate and politic in fact and in name, and shall be sub
ject to all the provisions of the statutes in relation to corporations,
so far as they are applicable.
Provided\ however
Andprovidedfurther
138
BULLETIN OF THE BUREAU OF LABOR.
B y-la w s.
Sec. 5. The incorporators of any company organized under this
act shall have power to make such by-laws not inconsistent witb
the constitution or laws o f this State, as may be deemed neces
sary for the government o f its officers and members, and the
conduct of its affairs, the admission of new members and regula
tions governing the assessment and collection o f premiums and
assessments; but such by-laws shall not become operative until
a true copy thereof shall have been filed with and approved by
the industrial accident board.
Licen se.
Sec. 6. Upon the approval of the articles of association of such
company by the industrial accident board and the commissioner
of insurance, and upon filing the same with the commissioner of
insurance, with the secretary of state and with the county clerk
of the county where the principal office of said company shall be
kept, the commissioner of insurance shall grant a license to such
company to issue policies.
P ow ers
Sec. 7. The board of directors shall determine the amount o f
b oard
of
rectors a s t J the premiums o f assessments which the members of such company
shall pay for such insurance, in accordance with the nature o f
p rem ium s.
the business in which they are engaged, and the probable risk o f
injury to their employees under existing conditions. The board
may also prescribe when and in what manner such premiums
shall be paid, and may change the amount thereof both in respect
to any or all o f its members from time to time, as circumstances
may require and the conditions o f their respective plants, estab
lishments or places o f work in respect to the safety of their em
ployees may justify, blit all such premiums or assessments shall
be levied on a basis that shall be fair, equitable and just as among
such members; and it shall be the duty of such board of directors
at the beginning o f each fiscal year, to call for the required pay
ment o f premiums in such amount as shall, in the judgment o f
said industrial accident board, be sufficient to enable such com
pany to pay all sums which may become due and "payable during
the following year, to the employees or any o f Its members under
the provisions o f this act, and also the expenses of conducting its
business.
C o n t in g e n t
Sec. 8. The company shall in its by-laws and policies fix the
liability.
contingent mutual liability of its members for the payment of
losses and expenses not provided for by its cash funds. Such
contingent liability of a member shall not be less than an amount
equal to the liability imposed by this act and of the act to provide
compensation for the accidental injury or death of employees.
A ssessm en ts.
Sec. 9. I f the company is not possessed o f cash funds so that
it has unearned premiums sufficient for the payment o f incurred
losses and expenses, it shall make an assessment for the amount
needed to pay such losses and expenses upon the members liable
to assessment therefor in proportion to their several liability.
Every member shall pay his proportional part o f any assessment
which may be laid by the board of directors, in accordance with
the law and his contract, on account of injuries sustained and ex
penses incurred while he is a member of such company.
Dividends.
Sec. 10. The board of directors may, from time to time, by vote,
fix and determine the amount to be paid as a dividend upon
policies expiring during each year after retaining sufficient sums
to pay all the compensation which may be payable on account o f
injuries sustained and expenses incurred. All premiums, assess
ments and dividends shall be fixed and determined in accordance
with the experience of said company, but all the funds o f the
company, and the contingent liability o f all the members thereof,
shall be available for the payment o f any claim against the
company.
Rates to be Sec. 11. Any proposed premium or assessment required of, or
filed.
any dividend or distribution made to the members, shall be filed
with the industrial accident board, and shall not take effect
until approved by said board after such investigation as it may
deem necessary.
<>*
LABOR LEGISLATION OP 1912----MICHIGAN.
139
Sec. 12. The board o f directors may make and enforce reason R ules, etc.
able rules and regulations, not in conflict with the laws of this
State, for the prevention of injuries on the premises of members,
and for this purpose the inspectors o f the company shall have
free access to all such premises during regular working hours.
Any member neglecting to provide suitable safety appliances as
provided by law or as required by the board of directors may be
expelled by a majority vote o f all the members. Any member,
or employee o f any member, aggrieved by any such rule or regula
tion, may petition the industrial accident board for review, and it
may affirm, amend or annul the rule or regulation.
W ith d r a w a l
Sec. 13. Any member of said company, who has complied with
all its rules, regulations and demands, may withdraw therefrom o f m em bers.
at the expiration of the period o f one year for which he has
elected to become subject to the provisions o f this a c t: Provided,
however, That he shall give written notice o f such withdrawal
to said company at least thirty days before the expiration o f
such period: And provided further, That if at the time of such
withdrawal liability may exist against such member and against
said company for compensation to employees who have been
theretofore killed or injured as hereinbefore provided, such mem
ber shall either relieve himself and said company from such liabil
ity in the manner provided in part four, section four of this act,
or shall otherwise protect and indemnify said company against
such liability in such reasonable manner as may be required by
the board of directors.
Sec. 14. The business year of every company organized, exist A n n u a l r e
ing or doing business in this State, under and by virtue o f the p orts.
provisions of this act, shall close on the thirty-first day of Decem
ber in each year, and every such company shall within sixty days
thereafter prepare, under bath o f its president and secretary, and
file in the office of the commissioner o f insurance o f this State,
and also with said industrial accident board, a detailed statement
showing its assets and how invested, liabilities, receipts from
premiums and all other sources, an itemized account of all ex
penditures, salaries o f officers, number o f policies or certificates
in force, amount insured thereby, claims paid, and amount paid
on each claim, claims reported but not paid, claims contested and
why, and shall answer such other questions as the commissioner
of insurance, who shall furnish blanks for that purpose, may re
quire, in order to ascertain its true financial condition. The com
missioner shall publish such annual statements in detail in his
annual report.
Sec. 15. I f any officer o f the company shall falsely make oath
F a lse sta te
to any certificate required to be filed with the insurance com m ents.
missioner, he shall be guilty o f perjury.
Sec. 16. Any such company formed under this act shall have A m en d m en ts.
power to amend its articles of association and by-laws at its regu
lar annual meeting or at special meetings called and held as pro
vided in its by-laws, but said amendments shall, before they be
come operative, be approved and filed in the same manner as the
original articles and by-laws.
Sec. 17. Any such company formed under this act shall have R e a l estate.
power to own, hold and acquire such real and personal property
as shall be necessary for the transaction o f its business.
Sec. 18. Any company formed under this act may sue and be S tatus.
sued in any court of law or equity, with the same rights and obli
gations as a natural person, and in addition to the powers here
inbefore enumerated, shall possess and exercise all such rights
and powers as are necessarily incidental to the exercise o f the
powers expressly granted herein.
Approved March 20, 1912.
140
BULLETIN OF THE BUREAU OF LABOR.
MINNESOTA.
SPECIAL SESSION, 1912.
C h a p t e r 3 . —Protection
T h rea ts, etc.,
forb id d en .
of employees as voters.
S e c t i o n 2 3 . No person being an employer or acting for or in
behalf of any employer shall give, distribute or cause to be given
or distributed to any of his employees, any printed or written
matter containing any threat, notice or information, or make any
threat, verbal or otherwise, that in case any particular ticket or
a political party or organization or candidate shall be elected or
any measure referred to a vote o f the people shall be adopted,
work in his place or establishment will cease, in whole or in part,
or his place or establishment will be closed up, or the salaries or
wages of the workmen or employees be reduced or other threats,
expressed or implied, intended or calculated to influence the politi
cal opinion or actions of his workmen or employees.
Approved June 20, 1912.
C hapter 8.—Employment of children— General provisions.
S e c t i o n 1. Chapter 299, General Laws of 1907 is hereby
amended, so as to read as follow s:
A ge limit.
S e c t i o n 1. No child under 14 years o f age, shall be employed.
permitted or suffered to work at any time, in, or in connection
with, any factory, mill or workshop, or in any mine; or in the
construction o f any building, or about any engineering work; it
shall be unlawful for any person, firm or corporation, to employ
any child under 14 years o f age in any business or service what
ever during any part o f the term during which the public schools
o f the district in which the child resides are in session.
tyment ®EC*
** shall be unlawful for any person, firm or corporation
cert ca es.
to empioy a n y c h iid over 14 years o f age, and under 16 years of
age, in any business or service whatever, during which the public
schools of the district in which the child resides are in session,
unless the employer procures and keeps accessible to the truant
officer of the town or city and to the commissioner o f labor,
assistant commissioner of labor, factory inspectors and assistants,
an employment certificate as herein prescribed and a list o f all
such children employed. On termination o f the employment of a
child, such certificate shall be forthwith surrendered by the em
ployer to the official who issued the same.
Who to issue. Sec. 3. An employment certificate shall be issued only by the
superintendent of schools, or by someone authorized by him so to
do, or, where there is no superintendent of schools, by the chair
man of the school board or the chairman of the board of educa
tion, or by a person authorized by such chairman: Provided, That
no superintendent of schools, member of the school board or board
of education or other person authorized, as aforesaid, shall have
authority to issue certificates for any child then in or about
to enter his own employment or the employment of a firm or
corporation of which he is a member, officer or employee.
Evidence of
Sec. 4. The person authorized to issue an employment certifiagecate shall not issue such certificate until he has received, examined,
approved and retained in his possession for the inspection o f the
public, the following papers duly executed: (1) The school record
o f such child, properly filled out and signed by the principal of
the school which the child last attended, and if there is no prin
cipal, then by the teacher of such child in said school which shall
be furnished on demand to a child entitled thereto. (2) A duly
attested transcript of the births which shall be conclusive evi
dence o f the birth o f such child. (3) The affidavit o f the parent
or guardian or custodian of the child, showing the place and date
o f birth of such child, but such affidavit shall not be required
unless the last mentioned transcript of the certificate of birth
can not be produced; which affidavit must be taken before the
LABOR LEGISLATION OF 1912— MINNESOTA.
141
officer issuing the employment certificate, who is hereby authorized
and required to administer such oath and shall not demand or
receive a fee therefor. Such employment certificate shall not be
issued until such child has personally appeared before and been Child to apexamined by the officer issuing the same and until such officer P®ap personshall, after making an examination, make and retain for inspecy‘
tion by the public, a statement that, in his opinion, the child is
14 years o f age or upwards, and%until such officer shall have re
ceived a certificate from a reputable practicing physician duly
designated for such purpose by the school board affirming that the
child has reached the normal development o f a child of its age,
and is in sound health and is physically able to perform the work
which it intends to do. Every such employment certificate shall
be signed in the presence of the officer issuing the same, by the
child in whose name it is issued, and shall only be issued to chil
dren who have completed the studies taught in the common schools
of the district in which they reside; or, a parochial or private
school in which the curriculum is equal to the common schools o f
the district: Provided, however, That no child shall be granted
such certificate who is not able to read and write simple sentences
in the English language.
Sec. 5. Such employment certificate shall state the date and Contents of
place of birth of the child, and describe the color of the hair and certificate,
eyes and height and weight and any distinguishing facial marks
of such child, and that the papers required by the preceding sec
tion have been duly examined, approved and retained for inspec
tion by the public and that the child named in such certificate
has appeared before the officer signing the certificate and been
examined.
Sec. 6 . The superintendent of schools and chairman of school List tocomboards and of the boards of education, shall transmit between m is si on e r of
the first and tenth day of each month to the office of the commis- a
sioner of labor of the State a list of the names of the children
to whom certificates have been issued. The report shall give the
date o f issuing the certificate and the date o f expiration; the
age and sex o f the child; the name o f the employers and the
nature of the occupation the child is permitted to engage in, and
any one failing to transmit the list herein provided for, shall be
guilty of a misdemeanor.
S ec. 7. No person under the age o f 16 years shall be employed,
Ho ur s of
or suffered or permitted to work at any gainful occupation more lal)or*
than 48 hours in any one week, nor more than 8 hours in any one
day; or before the hour of 7 o’clock in the morning or after the Night work,
hour of 7 o’clock in the evening. Every employer shall post in a
conspicuous place in every room where such minors are em
ployed, a printed notice stating the hours required of them each
day of the week, the hours of commencing and stopping work,
and the hours when the time or times allowed for dinner or for
other means begin and end. The printed form o f such notice
shall be furnished by the commissioner o f labor of the State,
and the employment o f any minor for longer time in any day so
stated, or between the hours of seven o’clock in the evening and
seven o’clock in the morning shall be deemed a violation of this
section.
S ec . 8. Whoever employs a child under 16 years o f age, and
Violations,
whoever, having under his control a child under such age, permits
such child to be employed in violation of sections 1, 2 or 7 of this
act, shall, for such offense, be fined not less than $25 nor more
than $50; and whoever continues to employ any child in viola
tion o f any of said sections of this act after being notified by
truant officer o f [or] commissioner o f labor o f the State, shall for
every day thereafter, that such employment continues, be fined
not less than $5 nor more than $20 additional for each day that
such employment continues. A failure to produce to a truant
officer or any official o f the labor department, any employment
certificate or list required by this act shall be prima facie evi
dence of the illegal employment o f any person whose employment
142
BULLETIN OF THE BUREAU OF LABOR.
certificate is not produced, or w liose name is not so listed. Any
corporation or employer retaining employment certificates in vio
lation of section 2 of this act shall be fined $10. Every person
authorized to sign the certificate prescribed by section 5 o f this
act, who knowingly certifies any false statement therein shall be
fined not more than $50.
E n forcem en t.
Sec. 9. Officials o f the labor department and the truant officers
may visit all factories, mills, workshops, mines, mercantile estab
lishments and all other places where labor is employed and
ascertain whether any minors are employed contrary to the pro
visions o f this act, and they shall report any case o f such illegal
employment to the school superintendent or to the chairmen of
the school board or board of education and to the commissioner
of labor of the State. Officials of the labor department and truant
officers may require that the employment certificates and lists
provided for in this act o f minors employed, shall be produced
for their inspection. Complaints for offenses under this act may
be brought by any official of the State labor department, and any
one who shall refuse to allow visitation in this section provided
for, shall be guilty of a misdemeanor.
O ccu p a tion s
Sec. 10. No children under the age of 16 years, shall be em
forbidden.
ployed at sewing belts, in any capacity whatever; nor shall any
children adjust any belt to any machinery; they shall not oil,
or assist in oiling, wiping or cleaning machinery; they shall not
operate or assist in operating circular or band saws, wood shapers,
wood jointers, planers, sand paper or wood-polishing machinery,
emery or polishing wheels used for polishing metal [,] wood turn
ing or boring machinery, stamping machines in sheet metal and tin
ware manufacturing, stamping machines in washer and nut fac
tories, operating corrugating rolls, such as are used in roofing
factories, nor shall they be employed in operating any steam
boiler, steam machinery or other steam-generating apparatus, or
as pin boys in any bowling alleys; they shall not operate or assist
in operating dough grates [sic] or cracker machinery of any de
scription; wire or iron-straightening machines; nor shall they
operate or assist in operating rolling-mill machinery, punches or
shears, washing, grinding or mixing mill or calendar [sic] rolls in
rubber manufacturing; nor shall they operate or assist in operat
ing laundry machinery; nor shall they be employed in any capacity
in preparing any composition in which dangerous or poisonous
acids are used, and they shall not be employed in any capacity
in the manufacture of paints, colors, or white lead; nor shall they
be employed in any capacity whatever in operating or assisting to
operate any passenger or freight elevator; nor shall they be em
ployed in any capacity whatever in the manufacture o f goods for
immoral purposes, or any other employment dangerous to their
lives or limbs or their health or morals; nor in any theater,
concert hall, saloon or place [of] amusement: Provided, That this
section shall not apply to the employment o f any child as a singer
or musician in a church, school or academy, or in teaching or
learning the science or practice o f music, or as a musician in any
concert, or in a theatrical exhibition with the written consent of
the mayor of the city or the president of the council o f the village
where such concert or exhibition takes place. Such consent shall
not be given unless forty-eight hours previous notice o f the appli
cation therefor shall have been served in writing upon the com
missioner o f labor o f the State of Minnesota and upon the
secretary o f the Minnesota child labor committee, and a hearing
had thereon if requested, and shall be revocable at the will of
the authority giving it. Such consent shall specify the name of
the child, its age, the names and residence o f its parents or
guardians, the nature, kind, duration and number o f performances
permitted, together with the place and character of the exhibi
tion. But no such consent shall be construed to authorize any
violation o f paragraphs one, three or four of section 4989, Revised
Laws of 1905; nor shall females under 16 years o f age be employed
in any capacity where such employment compels them to remain
LABOR LEGISLATION OF 1912----MINNESOTA.
143
Provided,
standing constantly:
That in any action brought against
an employer of any child under 16 years of age, on account o f
injuries sustained by the child while so employed, if the employer
shall have obtained, and kept on file in like manner as herein pro
vided for employment certificates an affidavit of the parent or
guardian, stating in substance, that the child is not less than 1 6
years o f age, such employment shall not be deemed a violation
of this act. Any person employing any child in violation of the
provisions o f this section shall be guilty of a gross misdemeanor.
S e c . 11. No boy under the age o f 18 years shall be employed
M essen ger
or permitted to work as a messenger for a telegraph or messenger s e rvice ,
company in the distribution, transmission or delivery of goods or
messages before 5.00 o’clock in the morning or after 9.00 o’clock in
the evening o f any day; and no girl under the age of 2 1 years
shall be thus employed at any time. Any person employing any
child in violation o f the provisions of this section shall be guilty
of a misdemeanor.
S e c . 1 2 . In case any child appears to be unable to perform the
P h y s ic ia n ’ s
labor at which he or she is employed, the officials of the labor ce rtifica te ,
department or truant officers, shall require the employer of such
child to procure a certificate from a reputable practicing physi
cian duly designated for such purpose by the school board, affirm
ing the physical fitness of the child for such work, and a child
as to whom such certificate can not be obtained shall not be
employed. Any person refusing to produce the certificate herein
required upon demand, or who shall employ a child when a certifi
cate has been procured stating that such child is physically un
able to work, shall be guilty of a misdemeanor.
Approved June 19, 1912.
MISSISSIPPI.
ACTS OF 1912.
C hapter
94.—
Emigrant agents.
S e c t i o n 1. Each emigrant or employment agent, or person enLicense fee.
gaged in hiring laborers, or soliciting emigrants or laborers in
this State to go beyond the limits o f 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 for the use o f the State.
S e c . 2 . Any person doing the business o f emigrant or employActing withment agent without having first obtained a license, as required out license*
by law, shall be guilty of a misdemeanor, and, upon conviction,
shall be punished by fine o f 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 sentenced to hard labor for
the county for not less than one month nor more than six months,
within the discretion of the court.
Approved March 11, 1912.
C h a p t e r 1 3 6 .—
Tips to employees of hotels, railroadcompanies. etc.
S e c t i o n . 1. It shall be unlawful in this State for any hotel,
restaurant, cafe, dining car railroad company or sleeping car
company to knowingly allow any person in its employ to receive
any gratuity, commonly known as a “ tip,” from any patron or
passenger; and it shall be unlawful for any patron of any hotel,
restaurant, cafe, dining car or any passenger on any railroad
train or sleeping car to give to any employee any such gratuity;
and it shall be unlawful for any employee of any hotel, restaurant,
cafe, dining car railroad company or sleeping car company to
receive any gratuity or “ tip.”
S e c . 2 . By gratuity or “ tip,” as used in this act, is meant any
extra compensation o f any kind which any hotel, restaurant, cafe,
Giving and
tips
Definition,
144
BULLETIN OF THE BUREAU OF LABOR.
dining car railroad company, or sleeping car company, or the
manager, officer, or any agent thereof in charge o f same, allows
to be given an employee, or which any person gives to any
employee, or which is received by any employee, and is not a
part o f the regular charge o f the hotel, restaurant, cafe, dining
car railroad company or sleeping car company, which is not a
part of its regular charge for the thing bought or services ren
dered, or a part o f the service which by contract it is under
duty to render. No hotel, restaurant, cafe, dining car railroad
company or sleeping car company shall evade this act by adding
to the regular charge, directly or indirectly, anything intended
for, or to be used, or to be given away as a gratuity or tip to
the employee. All charges made by the hotel, restaurant, cafe,
dining car railroad company or sleeping car company must be
made by it and be in good faith a charge for the service which it
renders exclusive o f the service which it furnishes through its
employees.
A ct to be Sec. 3. Each hotel shall post a copy of this act in the office
posted.
and in each room, and each restaurant and cafe shall post at
least two copies of this act in two conspicuous places in same,
and each dining car railroad or sleeping car company doing busi
ness within this State, shall post two copies of this act in con
spicuous places in each passenger coach or sleeping car.
Violations.
Sec. 4. Any hotel, restaurant, cafe, dining car railroad company
or sleeping car company, and the manager, officer, or agent of
same in charge, violating this act, or willfully or negligently
allowing the same to be violated in any way, shall each be subject
to a penalty not to exceed one hundred dollars for each tip allowed
to be given. If any person shall give any such employee gratuity
or tip, such person shall be subject to a fine of not more than
fifty dollars for each offense. If any of the above employees shall
receive any gratuity or tip, he shall be subject to a fine of not
more than fifty dollars. If the hotel, restaurant, cafe, dining car
railroad or sleeping car company fail, neglect, or refuse to post
this act as required herein, sncli hotel, restaurant, cafe, dining
car railroad or sleeping car company shall be subject to a fine not
to exceed one hundred dollars for every day it shall so fail.
[Became a law without the signature of the governor.]
C h a p te r 141.—
Monthly set-
Payment of ivages— Monthly pay day.
S ection 1. Every company, corporation or association now ex-
auiredntS r6'
or hereafter organized in this State and any individual or
partnership engaged in the business of manufacturing shall, in
the absence of a written contract to the contrary, be required to
make full settlement with and full payment in money to their
employees for services performed at least once in every calendar
Withholding month of the yea r: Provided, That said employers may hold back
pay‘
fifteen days’ wages earned immediately before the regular pay
day, which wages to be included in the next settlement.
R e f u s a l to
Sec. 2. I f any company, corporation, association, partnership
settle.
or individual engaged in manufacturing, as provided in section 1
of this act, shall refuse or neglect to make such payment after de
mand, and within ten days from said demand, such employee may
bring suit, and if recovery is had such employee may, in addi
tion, recover reasonable attorney’s fee for the prosecution of such
suit, if such employee has employed an attorney to prosecute the
same.
Approved March 11, 1912.
C h a p te r 148.—
Protection of employees on* street railivays— In
closed vestibules.
What car«
S ection 1. Street car companies operating street cars by electo have vesti- tricity, or by any other motive power requiring operator to be on
es*
the front of the car, and outside the main body thereof, in
LABOR LEGISLATION OF 1912----MISSISSIPPI.
145
municipalities having a population o f not less th^n five thousand
by the Federal Census o f 1910, or by any subsequent Federal cen
sus, shall equip all cars with complete vestibules aud provide
some means of heating same, so as to thoroughly protect em
ployees from cold and inclement weather.
, That this act shall not apply to cars operated from
Exempt
the 15th of March to the 1st of November in each year.
period.
Sec. 2. Street car companies in said municipalities which fail
Violations,
to observe and comply with the provisions of first section of this
act shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty dollars nor more than five hun
dred dollars for each offense.
Approved March 13, 1912.
Provided
Chapter 152.—
Railroads— Shelters over repair tracks.
Section 1. The State railroad commission is hereby empowered
Commission
whenever or wherever it shall deem in its judgment necessary for may requirt
the protection and comfort o f all employees of all railroads and s ters‘
other persons or corporations engaged in like business, to require
all such railroads and other persons or corporations engaged in
like business to provide and maintain a shed or sheds with water
tight roofs over all tracks or parts o f tracks on which cars are
commonly or regularly placed or stored to be repaired, where said
companies or persons shall have repair tracks for that purpose,
and to provide such drainage of the grounds on which such tracks
may be maintained as will keep the same dry and sanitary.
Sec. 2. Said State railroad commission may make all proper
Orders,
orders to enforce the provisions o f this act and exact compliance
therewith.
Sec. 3. This act [shall] take effect and be in force from the A ct in e ffirst day of January, 1913.
feet.
Approved March 16, 1912.
Chapter 153.—
Railroads—Headlights onlocomotives.
Section 1. All railroad companies, operating or doing business Headlight re
in this State, are hereby required to equip and maintain each and quired.
every locomotive used by such companies to run on its main line,
between sunset and sunrise, with a good and sufficient headlight,
which shall consume not less than three hundred watts at the arc,
and with a reflector not less than eighteen inches in diameter,
and to keep the same in good condition. The word “ main line,**
as used herein, means all portions of the railway line not used as
yards, spurs and side tracks.
Sec. 2. Any railroad company violating this act in any re- Violations,
spect shall be liable to indictment as for a misdemeanor in any
county in which the locomotive not so equipped and maintained
may run, and on conviction, shall be punished by a fine o f not less
than twenty-five dollars, nor more than five hundred dollars for
each offense.
Sec. 3.
, This act shall not apply to tramroads, mill Exemption,
roads and roads engaged principally in lumber or logging trans
portation in connection with mills, nor to railroad systems under
thirty miles long not running regular night schedules, nor to any
engine, the lighting equipment of which shall have failed during
the trip, if it is shown that the equipment was in efficient and
effective working condition when the trip was begun, nor to
switch engines going to and returning from wrecks, or sent out
on the main line to bring into a terminal a train, the engine o f
which has become disabled.
Approved February 28, 1912.
Provided
Hours of labor in manufacturing establishments
Chapter 157.—
.
Section 1. It shall be unlawful for any person* firm or corporation engaged in manufacturing or repairing to work their em70244°—Bull. 111—13------10
Ten-hour
■'
146
V io la tio n s.
BULLETIN OF THE BUREAU OP LABOR.
ployees more than ten hours per day, except in cases of emergency,
or where public necessity requires in such departments.
Sec. 2. Any person, firm or corporation violating this act shall
be guilty of a misdemeanor, and upon conviction thereof, shall be
fined not less than ten dollars nor more than fifty dollars for each
offense, and each day’s violation shall constitute a separate
offense.
Approved March 16, 1912.
Chapteb 165.— Employment of children— Age limit— Hours of
labor.
Section 1. Chapter 99 of the Laws of 1908 [shall] be amended
to read as follow s:
A g e lim it.
[Section 1.] No girl under the age of fourteen years, or boy
under the age o f twelve years, shall be employed in or permitted
to work in any mill, factory, manufacturing establishment or can
nery in this State.
Hours of
Sec. 2. No boy under the age o f sixteen years of age and no
labor.
girl under the age of eighteen years of age shall be employed or
detained in any mill, factory, cannery or manufacturing estab
lishment within this State for more than eight hours in any one
day, or more than forty-eight hours in any one week, or be em
ployed in or detained in any such establishment between the
hours of 7 p. m. and 6 a. m.
A ffid a vit.
Sec. 3. It shall be unlawful for any person, firm or corporation
to employ or detain or permit to work in any mill, factory, can
nery or manufacturing establishment in this State any child
under the age of sixteen years without first requiring said child
to present the affidavit o f the parent or guardian or person stand
ing in parental relation to such child, stating the place and date
o f birth of such child, and also stating the last school attendance
o f such child and grade of studies pursued, and the name of
school and name o f teacher in charge. The employer shall pre
R egister.
serve such affidavit and keep a complete register of all such affi
davits showing all the facts contained therein.
Sec. 4. It is the special duty o f the sheriff o f the county in
E n fo rce m e n t.
which manufacturing establishments employing child labor are
located to visit, at least one each month, each such manufacturing
establishment and to see to the enforcement o f this act.
In s p e ctio n a s
Sec. 5. It is the duty o f each county health officer to visit, with
t o h ea lth .
out notice of his intention to do so, all manufacturing establish
ments employing child labor within his county at least twice each
year, and oftener if requested by the sheriff, and to promptly re
port to the sheriff any unsanitary condition o f the premises, any
child or children afflicted with an infectious, contagious or com
municable disease, or whose physical condition renders such child
or children incapacitated to perform the work required of them;
and the sheriff shall promptly remove such child or children from
such manufacturing establishment and order the premises put in
sanitary condition; and the judgment o f the county health officer
as to the physical condition o f the children and sanitary condition
o f the premises shall be final and conclusive.
D u ty o f c ir
Sec. 6. It shall be the duty of the circuit judge to specially
cu it ju d g e.
charge the grand jury to investigate violations of this act.
F a ilu r e t o
Sec. 7. Any officer, manager or superintendent o f any manufac
g iv e
in fo rm a turing establishment, in which child labor is employed, who shall
tion , etc.
fail or refuse to give true and correct information demanded of
him by any o f the officers hereinbefore directed to inspect such
establishments, or who shall fail or refuse to obey any lawful
order o f the sheriff or health officer o f the county in which such
establishment is located, for carrying out the purposes of this act,
shall be guilty of a misdemeanor, and, upon conviction, shall be
fined not less than ten dollars nor more than one hundred dollars.
Sec. 8. Any person, firm or corporation, or the superintendent,
V io la tio n s.
manager or any officer of a manufacturing establishment employ
ing any child, or permitting any child to be employed by or work
LABOR LEGISLATION OF 1912— MISSISSIPPI.
in or be detained in any mill, factory or manufacturing establish
ment in this State contrary to law, shall be guilty of a misde
meanor, and, upon conviction, shall be fined not less than fifty
dollars nor more than one hundred dollars, or may be sentenced
to the county jail for not less than ten days nor more than sixty
days, or both such fine and imprisonment.
Sec. 9. The provisions of this act shall apply only to manufacturing establishments engaged in manufacturing or working in
cotton, wool or other fabrics and to canneries and manufacturing
establishments where children are employed indoors at work in
jurious to health, or in operating dangerous machinery, but the
provisions of this act shall not apply to fruit canneries.
Approved March 16, 1912.
C h apter
2 1 5 .—
147
Scope of act.
Liability of railroad companies for injuries to
employees.
S e c t i o n 1. Section 1985 of the Mississippi Code of 1906 is hereby
amended so as to read as follows.
1985. In all actions against railroad corporations and all other E vid en ce of
corporations, companies, partnerships and individuals using en- negligen ce,
gines, locomotives, or care [cars] o f any kind or description what
soever, propelled by the dangerous agencies o f steam, electricity,
gas, gasoline or lever power, and running on tracks, for damages
done to persons or property, proof o f injury inflicted by the run
ning of the engine, locomotives or cars o f any such railroad corpo
rations or such other corporation, company, partnership or indi
vidual shall be prima facie evidence of the want o f reasonable
skill and care of such railroad corporation, or such other corpo
ration, company, partnership or individual in reference to such
injury. This section shall also apply to passengers and em
ployees o f railroad corporations and of such other corporations,
companies, partnerships and individuals.
Approved March 6 , 1912.
C hapter
435.—
Strike— Recommendation of arbitration.
W h e r e a s , There has been considerable excitement over the
Existence of
strik e situ a tion a t M cC om b C ity and W a ter V alley, an d
strike.
W h e r e a s , We believe it is to the best interest o f the State and
o f all parties concerned that said trouble should be settled at once,
and
W h e r e a s , It is the sense of this body that all difficulties should
be settled as peaceably, and with as little friction as possible;
therefore, be it
,
, A r b it r a t i o n
That the leaders o f both sides involved are hereby respectfully recomme
'
memorialized and requested to settle their difficulties by arbitra
tion at once if possible.
Passed by the house o f representatives January 23, 1912.
Passed by the senate February 15, 1912,
Resolved by the home of representatives the senate concurring
C hapter
436.—
Strike— Recognition of organized labor.
W h e r e a s , Our State and Nation have recognized organized
Status
capital in the form o f corporations as being useful and beneficial capital,
to man in the production and distribution of wealth, and
W h e r e a s , Without labor, no wealth o f use to either man or
corporations could be produced, or distributed, and
W h e r e a s , Every great railroad corporation is organized capital
legalized, and as such, is justly recognized by men and organiza
tions of men, who deal with them through their agents and rep
resentatives, and
W h e r e a s , The present strike of the employees o f the Illinois
Central Railroad is the direct result of the refusal on the part
o f organized capital to recognize organized labor; therefore, be it
of
148
Sympathy
]Sbor°rS
BULLETIN OF THE BUREAU OF LABOR.
Resolved Try the Legislature of the State o f Mississippi, That
tlie striking employees o f the Illinois Central Railroad have our
sympathy in their fight for the recognition of organized labor, so
long as they obey the law and commit no acts o f violence, and
that we express to them our hope that at no distant day, organ
ized capital will be compelled by the force o f public opinion to
extend to organized labor that which has already been granted
to organized capital, to wit: recognition.
Passed the house of representatives February 8 , 1912.
Passed the senate February 12, 1912.
C ii
after
4 4 3 . —Strike—In vest igation.
Committee to
Resolved by the senate, the house concur ring, That there be a
investigate.
committee appointed consisting of three members on the part of
the senate, and * * * members on the part of the house to
investigate tlie strike controversy and look into the advisability
of maintaining and keeping of the State militia at McComb City
and Water Valley, and to report their findings in reference thereto
to this session of tlie legislature at as early a date as practicable,
tind that the cost of the said investigation be paid out of the con
tingent fund.
Passed the senate January 9, 1912.
Passed the house of representatives January 10, 1912.
NEW JERSEY.
ACTS OF 1912.
C h a p t e r 5 .—
Inspection and regulation of factories — Ventilation.
S e c t i o n 1. Section twenty of the act o f which this act is amend
atory, [chapter 64, Acts o f 1904], is amended so that it shall read
as follows:
Ventilation S e c t i o n 20. The owner, agent or lessee of a place coming under
required.
the provisions of this act shall provide, in each workroom thereof,
proper and sufficient means of ventilation, and shall maintain
proper and sufficient ventilation; if excessive heat be created or
if steam, gases, vapors, dust or other impurities that may be
injurious to health be generated in the course of the manufactur
ing process carried on therein, the room shall be ventilated in
such a manner as to render them harmless, so far as is practi
cable; in case o f failure, the commissioner o f labor shall order
such ventilation to be provided. Such owner, agent or lessee shall
provide such ventilation within twenty days after the service upon
him of such order, and in case of failure, shall be liable to a
penalty o f ten dollars for each day after the expiration o f such
twenty days, to be recovered by the commissioner of labor as here
inafter provided. If, in a place coming under the provisions of
P o l i s h i n g this act, glazing or polishing on a wheel or any process is carried
wheels, etc.
ou ^ which dust or any gas, vapors or other impurity is gen
erated in such a manner as to be inhaled by the employees to an
injurious extent, and it appears to the commissioner of labor that
such inhalation could be to a great extent prevented by a fan or
other mechanical means, the commissioner of labor may order the
owner, agent or lessee o f such place to provide a fan or other
mechanical means of a proper construction for preventing such
inhalation within twenty days after the service upon him o f such
order in writing, and -such owner, agent or lessee shall provide
such fan or other mechanical means as stated in said order within
the time therein stated, and in case of failure so to do, he shall
be liable to a fine of ten dollars for each day after the expiration
o f the time given by such order to make the change.
Approved February 26, 1912.
LABOR LEGISLATION OF 1912— NEW JERSEY.
C h a p te r
6.—
149
Inspection and regulation of factories— Guards for
dangerous machinery.
S ection 1. Section thirteen of the act of which this act is
amendatory, [chapter 64, Acts of 1904], is amended so that it shall
read as follows:
S ection 13. The owner or person in charge o f any of the places Belt shifters,
coming under the provisions of this act, where machinery is used, etcshall provide, in the discretion of the commissioner, friction
clutches for stopping shafting, and belt shifters or other mechani
cal contrivances for the purpose o f throwing on or off belts or
pulleys; whenever practicable, all machinery shall be provided
with loose pulleys; all vats, pans, saws, planers* power presses, Guards,
foot presses, cogs, gearing, belting, shafting, set screws, drums and
machinery o f every description shall be properly guarded; no per
son shall remove or make ineffective any safeguard around or
attached to such machinery, vats or pans while the same are in
use, unless for the purpose o f immediately making repairs
thereto, and all such safeguards so removed shall be promptly re
placed ; if the machinery, or any part thereof, or any vat, pan or
vessel containing molten metal or hot liquid is in a dangerous
condition or is not properly guarded-, the use thereof may be pro
hibited by the commissioner, and a notice to that effect shall be
attached thereto; such notice shall not be removed until the ma
chinery is made safe and the required safeguards are provided;
and in the meantime such unsafe or dangerous machinery, vats,
pans, or vessels containing molten metal or liquid shall not be
used; when, in the opinion o f the commissioner, it is necessary, the Lighting,
halls or other portions of a building shall be provided* with proper
lighting facilities.
Approved February 26, 1912.
C h a p te r 67.—
Factory inspectors.
S ection 1. In addition to the inspectors provided by the act to Additional inwhich this [act is] a supplement, [chapter 64, Acts of 1904], and*Pectorsthe amendments and supplements thereto, the commissioner of
labor shall, immediately after the passage of this act, appoint
Quaiif ie atwo suitable persons as inspectors, one o f whom shall have practi- tions.
cal knowledge and skill as a baker, and the other practical knowl
edge and skill as a metal polisher and buffer, whose salary,
powers, duties and term of office shall be the same as the inspec
tors already provided for.
Approved March 13, 1912.
C h a p te r 83.—
Department of labor— Civil service.
Section 1. The assistant commissioner o f the department of
Assistant
labor and all inspectors of the department of labor shall here- a n ? hispectors
after be included in the competitive class in the classified service in c l a s s i f i e d
and not in the unclassified service, and shall be subject to the service,
laws, rules and regulations governing such competitive class in
the classified service, in accordance with the provisions of the act
to which this act is a supplement and the acts amendatory
thereof and supplemental thereto; and the assistant commis
sioner of the department o f labor and all inspectors o f the depart
ment of labor now in the employ of the State shall continue to
hold their offices or employments and shall not be removed there
from except in accordance with the provisions o f section twentyfour of the act to which this act is a supplement, it being t£e
intention hereby to include such assistant commissioner and all
such inspectors within the classified service o f the State and to
subject them in all respects to the provisions of the act to which
this act is a supplement and the acts amendatory thereof and
supplemental thereto.
Approved March 14, 1912.
150
BULLETIN OF THE BUREAU OF LABOR.
C h a pter 117.—Department of labor.
S ection 1. Section forty-five of the act of which this act is
amendatory, [chapter 64, Acts o f 1904], is amended, so as to
read as follow s:
Department
S ection 45. For the purpose of carrying into effect and enforcing
established.
provisions o f this act, there shall be and hereby is established
a department to be known as the department of labor; the de
partment shall have its main office in Trenton, and shall consist
o f a commissioner, an assistant commissioner and eleven inspec
tors; the governor shall, immediately after the passage of this
act, with the advice and consent of the senate, appoint some suitC o m m i s-able person, who shall be a resident and citizen of this State, as
sioner.
head of the said department, at a salary o f six thousand dollars
per year, to be paid monthly, whose term of office shall be three
years and until his successor is appointed, and whose title shall
be commissioner o f labor; the commissioner shall, with the ap
proval of the governor, appoint the assistant commissioner who
shall be an architect, engineer or mechanic, he shall receive a
salary o f three thousand dollars per year, to be paid monthly;
inspectors, the governor shall appoint eleven suitable persons as inspectors,
two of whom shall be women, whose salary shall be one thousand
five hundred dollars per year each, to be paid monthly; the terms
of office o f the assistant and the inspectors shall be three years
unless sooner removed by the commissioner; the assistant and the
inspectors shall each be furnished with certificates o f authority by
the secretary o f state, and they shall produce the same if so reP missionerf q ^ re<^ ^y any manufacturer; the commissioner shall have the
*
power, out of the appropriation made for the purpose o f carrying
on the work o f the department, to purchase badges for the assist
ant, the inspectors and himself, the commissioner may divide the
State into districts, assign inspectors to such districts, and may,
in his discretion, transfer them from one district to another; the
commissioner, assistant and inspectors may administer oaths and
take affidavits in matters relating to the enforcement o f this a c t ;
the commissioner shall have the right to employ such department
clerks for carrying on the work o f the department as may, in his
judgment, be necessary; such clerks shall receive such salaries as
the commissioner, with the approval o f the governor, shall fix, to
be paid by the treasurer on warrant of the comptroller in equal
monthly installments; when the work o f the department shall
Extra inspec- necessitate the employment o f additional inspectors, the commistcrs*
sioner shall have the power to employ such inspectors at such
compensation and for such length of time as he may deem neces
sary, and such extra inspectors shall have the same rights, powers
and privileges as the inspectors appointed by the governor; all
salaries and expenses incurred by the commissioner, assistant and
all inspectors, in the discharge o f their duties, and all salaries
and expenses necessary to carry out the provisions o f this act,
shall be paid from the funds of the State, out of the moneys ap
propriated for that purpose, by the treasurer, upon warrant o f the
comptroller, upon presentation o f proper vouchers for the same,
Duties.
approved by the commissioner; it shall be the duty o f the commis
sioner to enforce the provisions of this act and to exercise super
vision and control over the assistant and the inspectors, and to
cause inspections to be made o f the factories, mills, workshops,
and places where the manufacture of goods of any kind is carried
on. by the assistant and the inspectors, as often as practicable,
and to make a report of the work of the department to the gov
ernor o f the State on or before the thirty-first day o f October in
each year; to prosecute violations o f the provisions o f this act in
any district court, recorders’ courts o f cities and before any justice
of the peace having due jurisdiction, or in any other court o f com
petent jurisdiction in this State; the commissioner, the assistant
commissioner and the inspectors shall have the right at all rea
sonable hours to enter and inspect factories, mills, workshops and
places where the manufacture of goods of any kind is carried on,
LABOR LEGISLATION OF 1912— NEW JERSEY.
151
and each inspector shall make a report in writing o f such inspec
tions to the commissioner at least once in each week; inspectors
shall make out a list of minors discharged, with the name o f child
in full, residence, street and number, name of place from which
such minor was discharged and date of discharge; he shall send
or deliver within twenty-four hours, such list to the principal of
the public school in the district where the minor resides, or to the
truant officer having such school district in charge; every deputy
inspector shall devote at least eight hours of every working day
except public holidays, and four hours on Saturdays, to the dis
charge of his or her duties as such deputy inspector, unless pre
vented by illness or other disability, and no deputy inspector shall
engage in any business, occupation or employment during his or
her term of office that will in any way interfere with or prevent
the full and faithful performance o f such duties.
Approved March 21, 1912.
C h a pter 127.—Inspection and regulation of bakeries.
S ection 1. All buildings or rooms where biscuits, pies, bread, Scope o f law.
crackers, cakes, macaroni and other food stuffs, confectionery,
candy, ice cream or frozen sweets are manufactured or made for
the purpose o f sale, shall be drained and plumbed in a manner
that will conduce to the proper and healthful sanitary condition Sanitation,
thereof and shall have air shafts, windows or ventilating pipes
sufficient to insure ventilation and sufficient light to prevent any
place being operated entirely by artificial light, and all doors,
windows and other openings shall be thoroughly screened so as to
prevent the entrance o f flies or other insects, between the first
day o f April and the thirty-first day o f October. Expectorating is
prohibited within any building or room used for the aforesaid
purposes, except into a proper receptacle provided for that pur
pose. The smoking, snuffing or chewing o f tobacco in any building
or room used for aforesaid purposes is prohibited. Plain notices
shall be posted in every such place forbidding any person to use
tobacco or spit on the floor o f such place. No cellar, basement or Use of celplace which is below the street level shall hereafter be used o r lars» etcoccupied as a place in which to manufacture or make for the
purpose o f sale any o f the above-mentioned articles, except where
the same was used for such purposes on the fourth day o f July,
nineteen hundred and five: Provided, however, That this act shall
not prevent the use, for the manufacture o f candy, ice cream or
frozen sweets only, of any cellar or basement which shall, after
due inspection and examination by representatives o f the depart
ment of labor, be certified to by the commissioner o f labor as
sanitary in all respects and proper to be used for such purposes,
which certificate may be revoked at any time.
S ec . 2. Every room used for the purpose o f making or manufacH e i g h t of
turing, for the purpose o f sale, any of the articles mentioned in rooms,
section one of this act shall be at least eight feet in height:
Provided, however, That this requirement shall not apply to rooms
used for the making or manufacturing, for the purpose o f sale,
of nothing but candy, ice cream, or frozen sweets, but such rooms
used for the making or manufacturing for the purpose of sale,
of candy, ice cream or frozen fruits, shall in all cases be at least
seven feet in height, except that any room now used for the
making, for the purpose of sale, o f nothing but candy, ice cream
or frozen sweets need not be altered to conform with this pro
vision unless so ordered by the commissioner o f labor to improve
lighting, ventilation or drainage facilities. Every room for the
purpose o f making or manufacturing for the purpose o f sale any
of the articles mentioned in section one shall have, if required by
the commissioner of labor, an impermeable floor constructed o f Floors, walls,
wood properly saturated with linseed oil, or of cement or other etc.
suitable material; the side walls o f every such room shall be
well plastered, wainscoted or ceiled with metal or lumber and all
interior woodwork in such room shall be kept well oiled or painted
152
BULLETIN OF THE BUREAU OF LABOR.
with oil paint and shall be kept in a clean and sanitary condition
at all times. The furniture and utensils in all such rooms shall
be so an*anged that such furniture, utensils and floor may at all
times be kept in a proper and healthful, sanitary and clean con
dition. The commissioner o f labor shall have the power to order
that any such room or rooms shall be cleaned in such manner
as he shall direct; no domestic animal except cats shall be allowed
to remain in any such room. Every such room or rooms shall be
kept clean at all times and free from rats, mice or vermin and
Infectious or from all matter of an infectious and contagious disease. No percontagious dis-son who has consumption, scrofula or any venereal disease or any
eases*
contagious or infectious disease or any communicable or loath
some- skin disease shall work in any such room or rooms, and no
owner, manager or person in charge o f any such room or rooms
shall knowingly require or suffer such a person to be employed
in such room or rooms, nor shall any such room or rooms com
municate with or have doors communicating directly with a stable
or stable yard.
T o ile t fa c iliSec. 4. Whoever shall conduct a place where any of the articles
ties*
specified in section one are made or manufactured for the pur
pose o f sale shall provide proper washing facilities which shall
include a sufficient supply of hot water, clean towels, soap and
nail brushes, and shall also provide water-closets separate and
apart from the room or rooms in which the manufacture for the
purpose o f sale of any of the articles specified in section one is
carried on; no water-closet, earth closet or privy shall be within
or communicate directly with the room in which said articles
are made or manufactured. Operatives, employees, clerks and
all persons who handle any of the material from which any of
the articles specified in section one are made or manufactured
for purpose of sale or who handle the finished product, before
beginning work and immediately after visiting the toilet or
lavatory shall wash their hands and arms thoroughly in clean
water. The outer clothing of all operatives while employed in
any such room or place shall be made of washable material,
shall be kept clean at all times and shall be worn by such opera
tives only when at wrork in any such room 01* place. The street
clothing of any such operatives shall not be kept in any room
used for the manufacture of the articles mentioned in section one
of this act; the commissioner of labor may, in his discretion,
order the installation o f metal lockers in any such place to be
used for the clothing of operatives.
Sleeping
Sec. 5. Sleeping places for persons employed in any room or
places.
place used for the making or manufacturing for the purpose of
sale of any of the articles specified in section one, shall be kept
separate from the room or rooms used for the making 01* manu
facturing o f any such article, and the commissioner or assistant
commissioner or any inspector may inspect such sleeping places,
if they are on the same premises as the room used for making or
manufacturing for the purpose o f sale o f any such article, and
order them cleaned or changed, in compliance with sanitary
principles.
Enforcement. Sec. 6 . The commissioner o f labor shall be required to enforce
compliance with all the provisions of this act, and for that puriwse it shall be his duty to have all places used for the purposes
specified in section one visited and inspected at least once in
three months; and whenever a complaint in writing, signed by
an employee in any such place or by any officer or representative
o f any labor union in the county wherein the same is located,
shall be received by the said commissioner, stating that any pro
vision of this act is being violated in any such place, it shall be
the duty of the said commissioner forthwith to have the said
place, concerning which the complaint is made visited and in
spected. The visits of inspection shall be made in the presence
of those then working or employed in said place, and during the
usual hours of employment therein. All such places shall be
kept at all times in a clean and sanitary condition.
LABOB LEGISLATION OF 1912— NEW JERSEY.
158
Sec. 7. No person under the age of sixteen years shall be em- Night work,
ployed or allowed or permitted or required to work in any place
where any of the articles mentioned in section one are manu
factured or made for the purpose of sale, between the hours of
seven o’clock in the afternoon and seven o’clock of the forenoon
following; no employee in any such place shall be required, per
mitted or suffered to work in any such place more than sixty
hours in any one week or more than ten hours in any one day, T e n - h o u r
unless for the purpose of making a shorter workday on the last day>
day of the week, nor more hours in any one week than will make
an average of ten hours per day for the whole number of days
in which such employee shall so work during such week, but it
shall be lawful, in cases of emergency, for an employer to per
mit any employee to work an additional time, not exceeding two
hours per day, such extra work to be remunerated at the rate of
weekly wages paid to such employee for his week of sixty hours;
no employee in any such place shall be discharged by his em
ployer for having made any truthful statement as a witness in a
court, or to the commissioner of labor, assistant commissioner of
labor, or any inspector in pursuance of this act, or any act
amendatory hereof or supplementary hereto.
Sec. 8. All notices given under or pursuant to this act, or any Notices,
act supplementary thereof or amendatory thereto, shall be in writ
ing, signed by the commissioner of labor, and may be served upon
the owner or proprietor of the place wherein such violation oc
curred either by delivering the same to him in person or by send
ing it to him by mail at his last known post-office address, with
postage prepaid; if his post-office address is not known, then the
said notice may be mailed to the address of the place wherein
such violation shall have been committed; the notice providing
for the doing of any act or the abating of anything forbidden
by this act shall fix the time within which such act shall be done
or such thing abated, and if the order shall not be obeyed within
the time therein fixed the person so failing to obey shall be liable
to the penalty herein fixed for the violation hereof.
Sec. 9. No person or corporation shall hereafter engage or con- License re
tinue in the business o f making or manufacturing biscuits, pies, quired.
bread, crackers, cakes, macaroni and other food stuffs, candy, ice
cream, confectionery or frozen sweets for the purpose o f sale,
unless he shall first obtain from the commissioner o f labor o f this
State a license so to do. The applicant for any such license shall
state in his application the location o f the place at which he in
tends to engage in such business and such license shall not be
issued unless the said commissioner is satisfied that such place
conforms to all the requirements o f this act. Such license shall
specify the place at which such business is authorized to be car
ried on, and shall not authorize the engaging in such business at
any other place* When it shall be made to appear to the said
commissioner that any place at which such business is carried on
under a license as aforesaid is not kept in accordance with or
does not conform to the requirements of this act, or that any
provision of this act is being violated therein, said commissioner
may, after giving not less than forty-eight hours’ notice in writ
ing, which notice may be served by any representative o f the de
partment of labor, either personally on the proprietor of such place
or by affixing the same on the inside o f said place, revoke the
license o f the person engaging in such business at such place. No
person, whose license to engage in such business has been re
voked, shall engage or continue in such business in this State
until he has procured a new license in accordance with the terms
o f this act. Any applicant for any such license shall pay to the
commissioner of labor a license fee o f one dollar, which fee shall
be returned to such applicant, in case the license is not granted.
Sec. 10. Any person violating any of the provisions of this act, violations,
or any owner or proprietor of any place coming within the pro
visions of this act who fails to obey any order of this act, shall
be liable to a penalty of fifty dollars for the first offense and one
154
BULLETIN OF THE BUREAU OF LABOR.
hundred dollars for each subsequent offense. Any person who
shall, after conviction for violation of any provision o f this act,
continue such violation shall be liable to a penalty of one hundred
dollars.
B ill f o r inSec. 1 4 . Whenever any person shall violate any of the provisions
ju n ctio n .
0f this act it shall be lawful for the commissioner o f labor, either
before or after the institution of proceedings for the collection o f
the penalty imposed by this act for such violation, to file a bill
in the court of chancery in the name of the State, at the relation
of such commissioner, for an injunction to restrain such viola
tion and for such other or further relief in tbe premises as the
court of chancery shall deem proper, but the filing of such bill,
nor any of the proceedings thereon, shall not relieve any party
to such proceedings from the penalty or penalties prescribed by
this act for such violation.
Previous act
S ec. 15. * * * Nothing in this act shall be construed to renot affected.
pea^ affect or in anywise impair the provisions affecting places
where biscuits, pies, bread, crackers, cakes, macaroni and other
food stuffs, confectionery, candy, ice cream or frozen sweets are
manufactured, or any other provisions of * * * [Chapter 64,
Acts of 1904].
Provisions
Sec. 1 6 . In case for any reason any section or any provision of
separate.
this act shall be questioned in any particular and shall be held
to be unconstitutional or invalid, the same shall be held to be
severable from the other portions of this act and shall not be held
to affect any other section or provision of this act.
[Repeals chapter 102, Acts o f 1905; chapter 17, Acts o f 1907;
and chapter 327, Acts of 1911.]
Approved March 21, 1932.
C hapter 156.—Accidents to be reported.
Employers
S ection 1. Upon the happening of any accident in any employto report acci- ment o f labor in this State, the result o f which shall be to pre-
n
vent the injured person or persons from resuming work within
two weeks after the happening thereof, the employer of such in
jured person or persons shall report, in writing, to the commis
sioner o f labor the time, place and cause of the said accident, as
nearly as the same may be fairly ascertained, the extent o f in
juries received, and such other facts as the commissioner of labor
may, by rule or regulation, require. In case of injury not pro
ducing death, such report shall be filed within four weeks after
the happening of such injury. In case o f injury producing death,
report shall be filed within two weeks thereafter. Such reports
may be forwarded by mail, postage prepaid.
Casualty inSec. 2. All companies engaged in casualty insurance business
surance com- within the State o f New Jersey shall furnish to the commissioner
port
re ° f labor a full and complete report o f all accidents to the em
ployees of any person, firm, or corporation insured by them, which
prevents such injured person or persons from resuming work
within two weeks after the happening o f such injury, or which
result in death. In case of injury not producing death, such re
port shall be filed within four weeks after such injuries have been
reported to such insurance company, or such insurance company
has otherwise gained knowledge thereof. In case of injury pro
ducing death, such report shall be filed within two weeks after
such death has been reported to such insurance company, or such
insurance company has otherwise gained knowledge thereof. Such
reports shall state the time, place and cause of injury, as nearly
as the same may be ascertained, and the extent thereof, and such
other and further information as the commissioner of labor may,
by rule or regulation, require. Such notice may be sent by mail,
postage prepaid.
Reports conSec. 3. The reports filed with the commissioner of labor, in
fidential.
accordance with the provisions of this act, shall not be made
public, and shall not be opened to inspection unless, in the opinion
of the commissioner of labor, some public interest shall so require,
LABOR LEGISLATION OF 1912— NEW JERSEY.
and such reports shall not be used as evidence against any em
ployer in any suit or action at law brought by any employee for
the recovery o f damages, but such reports shall always be at the
service and use of the employers’ liability commission. Reports
filed in accordance with this act shall be in lieu of all other
reports required to be filed pursuant to the provisions o f an act
entitled “An act creating the employers’ liability commission and
prescribing its powers and duties, and requiring reports to be
made by the employers of labor upon the operations of the em
ployers’ liability law for the information o f said commission,”
approved April twenty-seventh, one thousand nine hundred and
eleven, and shall be considered to be compliance with the terms
o f the last mentioned act.
S e c . 4 . Any corporation, firm or person violating any o f the
provisions of this act shall for each offense be liable to a penalty
o f fifty dollars, to be recovered in an action of debt, brought by
the commissioner o f labor, in the name o f the State o f New
Jersey. Each failure to report shall be regarded as a separate
offense.
Approved March 26, 1912.
155
,
ii a b i f i t y ° y com m issio n m a y
use rep orts,
V io la tio n s,
C h a p te r 202.— Suits for wages.
S e c t i o n 1. In any suit based upon a claim for money due for
C osts rem itwages or by reason o f a claim for personal services rendered, the ted> whenparty bringing said suit, where the amount claimed shall not
exceed the sum of twenty ($ 20 ) dollars, it shall be the duty of
the clerk of any district court of this State, to issue the summons,
prepare and file the state o f demand and o f the sergeant at arms
©f said court to serve the said summons without payment by the
party bringing said action of any costs therefor, provided that said
party shall make affidavit of the truth of his said claim and of
liis inability to pay the cost ordinarily taxed thereon.
Sec. 2. The judge of the said district court may in his discre
tion upon the entering of judgment in such cases, order that the
costs shall not be taxed thereon. * * *
Approved March 28, 1912.
C h a p te r
216.—Employment of women—Hours of labor.
S e c t i o n 1. No female shall be employed, allowed or permitted
Ten-hour
to work in any manufacturing or mercantile establishment, in dayany bakery, laundry or restaurant more than ten hours in any one
day, or more than six days, or sixty hours in any one week:
Provided, That nothing herein contained shall be held to apply to
any mercantile establishment for the six working-days next pre
ceding the twenty-fifth day o f December in each y ea r: And pro- ^annerjeg
rided further, That nothing herein contained shall apply to can
neries engaged in packing a perishable product such as fruits or
vegetables.
Sec. 2. It shall be the duty of the commissioner of labor, the Enforcement
assistant commissioner or the inspectors and they shall have power
to investigate and inspect, all establishments coming under the
intent and provisions of this act.
Sec. 3. An abstract o f this law shall be prepared and furnished Law to be
by the commissioner o f labor to every corporation, firm or person i>ostedin this State who is affected thereby, and every such corporation,
firm or person shall post such abstract o f this law and keep it
posted, in plain view, in such place that it can be easily read by
the employees or operatives in going in or coming out from said
manufacturing or mercantile establishment, bakery, laundry or
restaurant, and shall also keep a record o f the hours o f work o f
each employee in a proper book prepared for that purpose which
book shall be open to the inspection of the department o f labor
as required.
156
BULLETIN OF THE BUREAU OF LABOR.
Violations.
Sec. 4. Whoever employs any female or permits any female to
be employed in violation of any of the provisions of this act shall
be punished for a first offense by a fine of not less than twenty-five
nor more than fifty dollars, and for a second offense by a fine of
not less than fifty nor more than two hundred dollars.
M a n u fa ctu rSec. 6. “ Manufacturing establishments ” as used in this act
in g
esta b lish - means any place where articles for use or consumption are regument*
larly made.
Mercantile
Sec. 7. “ Mercantile establishment” as used in this act means
esta b lish m en t, any place where goods, wares or merchandise are offered for sale.
B ak ery.
S e c . 8. “ Bakery ” as used in this act shall include all buildings,
rooms or places where biscuits, pies, bread, crackers, cakes and
confectionery are made or manufactured for sale.
R esta u ra n t.
&EC- 9 . Restaurant ” as used in this act means any place where
refreshments, both food and drink, and where meals are served
to the public.
Laundry.
S ec . 10. “ Laundry ” as used in this act means any place where
laundry work is regularly carried on.
S ection s sepSec. 11. In case for any reason any section or provision of this
a ra te.
act shall be questioned in any court and shall be held to be un
constitutional or invalid, the same shall not be held to affect any
other section or provision of this act.
Approved March 2 8 , 1 9 1 2 .
C h a p te r 316.— Compensation of -workmen for injuries—Decisions
to be reported.
C om m ission er
S e c t i o n 1 . The clerk o f each of the courts of common pleas in
° f la b or to r e - this State, whenever any order is filed by the judge o f such
ceiv e a ecis ons. eom ^ making a decision upon any matter arising under the provi
sions o f an act entitled “An act prescribing the liability of an
employer to make compensation for injuries received by an em
ployee in the course o f employment * * * [chapter 95, Acts
of 1911], shall forthwith forward to the commissioner of labor o f
the State of New Jersey a copy of the said order, which need
not be certified, without any charge being made therefor.
Approved April 1, 1 9 1 2 .
C h a p te r 3 5 1 .— Industrial diseases to be reported.
S e c t i o n 1. Every physician attending upon or called in to visit
a person whom lie believes to be suffering from poisoning from
lead, phosphorus, arsenic or mercury, or their compounds, or from
anthrax, or from compressed-air illness, contracted as a result of
such person’s occupation or employment, shall within thirty days
after his first professional attendance upon such person, send to
the State board of health a written notice, stating the name and
full post-ofliee address, and place of employment of such person,
and the nature of the occupation, and the disease or ailment from
which, in the opinion of such physician, the person is suffering,
with such other specific information as may be required by the
State board of health.
V iola tion s.
S e c . 2 . Any physician who shall fail to perform the duty im
posed by section one of this act, within the time therein limited,
shall be liable to a penalty of twenty-five dollars for each offense.
Any penalty incurred under the provisions of this act shall be
sued for and recovered in an action of debt by and in the name of
the Board of Health o f the State of New Jersey. All penalties
collected under this act shall be paid by said board into the treas
ury of the State of New Jersey.
E n forcem en t.
S e c . 3 . It shall be the duty of the board of health o f this State
to enforce the provisions o f this act, and it may call upon the local
boards of health and health officers of such local boards o f health
for assistance. It shall be the duty of all local boards of health
and all health officers, when so called upon for such assistance,
to render the same. It shall be the duty o f the said board of
P h y sicia n s to
m ake rep orts,
157
LABOR LEGISLATION OF 1912----NEW JERSEY.
health o f tills State to transmit any data received under the pro
visions of section one o f this act to the commissioner of labor of
this State.
Approved April 1, 1912.
NEW MEXICO.
CONSTITUTION.
A rtice X I. — State corporation commission— Safety appliances on
railways.
S ection 7. * * * The commission shall also have power and
Power to rebe charged with the duty * * * to require all intrastate rail- piiaSce£ ap
ways, transportation companies or common carriers, to provide
such reasonable safety appliances in connection with all equip
ment, as may be necessary and proper for the safety of its em
ployees and the public, and as are now or may be required by the
federal laws, rules and regulations governing interstate com
merce. * * *
A rticle X V II.— M ine regulations —7nspector.
Section 1. There shall be an inspector of mines, who shall be
Office ereappointed by the governor, by and with the advice and consent atedof the senate, for a term of four years, and whose duties and
salary shall be as prescribed by law.
S ec . 2. The legislature shall enact laws requiring the proper
Laws to be
ventilation o f mines, the construction and maintenance of escape- enacted,
ment shafts or slopes, and the adoption and use of appliances
necessary to protect the health and secure the safety o f employees
therein. No children under the age o f fourteen years shall be
employed in mines.
A rticle
X X .—Liability of railroad companies for injuries to
employees.
Section 16. Every person, receiver or corporation owning or
Acts of feio p eratin g a railroad w ith in this State shall be liable in damages low_servants’
for injury to, or the death of, any person in its employ, resulting
from the negligence, in whole or in part, of said owner or operator
or of any of the officers, agents or employees thereof, or by reason
of any defect or insufficiency, due to its negligence, in whole or in
Defective appart, in its cars, engines, appliances, machinery, track, roadbed, p iances*
works or other equipment.
An action for negligently causing the death o f an employee as
above provided shall be maintained by the executor or adminis
trator for the benefit of the employee’ s surviving widow or hus
band and children; or if none, then his parents; or if none, then
the next o f kin dependent upon said deceased. The amount re
covered may be distributed as provided by law. Any contract or
agreement made in advance o f such injury with any employee
waiving or limiting any right to recover such damages shall be
void.
This provision shall not be construed to affect the provisions of
section two o f article twenty-two o f this constitution, being the
article upon schedule.
Waivers,
A rticle X X . — Hours of labor on public works .
S ection 19. Eight hours shall constitute a day’s work in afl
cases of employment by and on behalf of the State or any county
or municipality thereof.
Eight-hour
y*
158
BULLETIN OF THE BUREAU OF LABOR.
A
R a ilroa d a c t
in fo r c e t0 be
M ine law o f
1891 to be in
fo rce .
r t ic l e
X X I I.—Federal statutes—Liability of railroad companies
for injuries to employees— Mine regulations.
S e c t i o n 2. Until otherwise provided by law, the act o f Congress
of
United States, entitled “ An act relating to liability of
common carriers by railroads to their employees in certain
cases,” a p p ro v e April twenty-second, nineteen hundred and eight,
and all acts amendatory thereof, shall be and remain in force in
this State to the same extent that they have been in force in the
Territory o f New Mexico.
S e c . 3. Until otherwise provided by law, the act of Congress,
entitled “An act for the protection o f the lives of miners,” approved March third, eighteen hundred and ninety-one, and all
acts amendatory thereof, shall be and remain in force in this
State to the same extent that they have been in force in the
Territory of New M exico; the words “ Governor o f the State,”
are hereby substituted for the words “ Governor of such organized
Territory; ” and for the words “ Secretary of the Interior ”
wherever the same appear in said acts; and the chief mine in
spector for the Territory o f New Mexico, appointed by the Presi
dent of the United States, is hereby authorized to perform the
duties prescribed by said acts until superseded by the “ inspector
of mines” appointed by the governor, as elsewhere provided by
the constitution, and he shall receive the same compensation from
the State as he received from the United States.
ACTS OF 1912.
Chapter 15.—Protection of employees as voters— Time to vote.
1. Any person entitled to vote at any election provided
this State may on the day of such election be entitled
to absent himself from any service or employment in which he is
then engaged, for a period o f two hours between the time of open
ing and the time o f closing the polls, and such voter shall not
because of thus absenting himself be liable to any penalty: Pro
vided, however, The employer may specify the hours during which
the employee may absent himself, as aforesaid.
V io la tio n s.
Sec. 2. Any person or corporation who shall refuse to an em
ployee the privilege conferred in the foregoing section, or who
shall in any manner attempt to influence or control such voter as
In tim id a tio n , to how he shall vote, by ovvering [offering] any reward, or by
etc.
threatening to discharge from employment or discharging such
employee, or otherwise intimidating him from a full and free ex
ercise o f his right to vote, or shall, directly or indirectly, violate
any of the provisions of this act, shall be deemed guilty o f a mis
demeanor, and be fined in any sum not less than fifty dollars nor
more than one hundred dollars upon conviction before any justice
o f the peace or the district court.
Approved May 29, 1912.
Two
h ou rs
a llow ed .
S e c t io n
i a w »jn
jjy
C h apter
B la ck lis tin g
forb id d en .
Violations.
33.—Blacklisting.
S e c t i o n 1. It shall be unlawful for any person or persons, firm
or corporation employing labor in this State, after having dis
charged any person from service, to prevent or attempt to prevent
by word, sign or writing o f any kind whatever, any such dis
charged employee from obtaining employment from any person or
persons, firm or corporation: Provided, That any employer men
tioned in this act may give the true reasons either by writing or
otherwise, for the discharge o f any such employee.
Sec. 2. Any employer of labor, its or his agent or employee who
shall violate the provisions of this act, shall be guilty of a mis
demeanor and shall, upon conviction thereof, be fined for each
offense not less than one hundred dollars, nor more than one
thousand dollars.
LABOR LEGISLATION OF 1912----NEW MEXICO.
Sec. 3. Any person or persons, firm or corporation guilty of the
violation of this act, shall be liable in damages to the party in
jured to the amount of all the injury resulting to the person in
jured as the result of said wrongful act, and the said employer or
employers of labor shall be liable to the said person so injured,
for a reasonable attorney fee to be fixed by the court trying the
cause, which attorney fee shall be taxed as part of the cost in the
case.
Approved June 8 , 1912.
159
D am ages.
C hapter 62.—Hours of labor of employees on railroads.
S ix teen -h ou r
Section 1. It shall be unlawful for any railway company within
the State of New Mexico or any of its officers or agents to require d a y.
or permit any employee engaged in or connected with the move
ment of any rolling stock, engine or train, to remain on duty for
a longer period than sixteen consecutive hours and whenever
any such employee of such railway company shall have been con
tinuously on duty for sixteen hours he shall be relieved and not
required or permitted again to go on duty until he has had at
least ten consecutive hours off duty; and no such employee who
lias been on duty sixteen hours in the aggregate in any twentyfour hour period shall be required or permitted to continue or
R est.
again go on duty without having had at least eight consecutive
P
ro v iso s .
hours off duty: Provided, however, That the provisions of this act
shall not apply in cases o f casualty or unavoidable accident or the
act of God; nor where the delay was the result o f a cause not
known to the railway company or its officer or agent in charge of
such employee at the time such employee left a terminal point
and which could not have been foreseen: Provided further, That
the provisions o f this act shall not apply to the time necessary
for train crews to take passenger trains and freight trains loaded
with live stock or perishable freight to the next nearest division
point, nor shall it apply to the time necessary for trainmen to
reach a resting place when an accident, wreck, washout, snow
blockade or other unavoidable cause has delayed their train:
Provided further, That the provisions o f this act shall not apply
to employees of sleeping car companies nor to crews of wrecking
or relief trains.
S ec. 2. That such railway company or any superintendent,
V io la tio n s.
train master, train dispatcher, yard master, or other official or
agent o f any railway company in the State of New Mexico re
quiring or permitting any such employee to go, be or remain on
duty in violation of section 1 of the act, shall be liable to a pen
alty of not to exceed five hundred dollars for each and every such
violation to be recovered in a suit or suits to be brought by the
district attorney in the district court of the district where such
violation was committed: It shall be the duty of the district attor E n fo rce m e n t.
ney to bring such suits upon satisfactory information being
lodged with him and when so requested to withhold the name o f
the person furnishing such information; but no such suit shall
be brought after the expiration of one year from the date of such
violation.
It shall be the duty of the State corporation commission to
lodge with the proper district attorneys information of any such
violations as may come to its knowledge.
In all prosecutions under this act the railway company shall be
deemed to have had knowledge o f all acts o f all its officers or
agents.
In case o f the failure o f any district attorney to bring such
suit within a reasonable time after information shall have been
lodged with him, by the State corporation commission or any
other person, of any violation o f the provisions o f this act, it
shall be the duty o f the attorney general upon being informed o f
such fact to cause such prosecution to be commenced.
Approved June 10, 1912.
160
BULLETIN OF THE BUREAU OF LABOR.
C hapter
D isch a rg in g
o r th rea ten in g
sc arge’
B rib ery,
th rea ts, etc.
63.— Protection of employees as voters.
S e c t i o n 2 . Every officer or agent o f any corporation, company
0r association and every individual having under his control or in
his employ any persons entitled to vote at any election who shall
directly or indirectly discharge or threaten to discharge any such
employee on account o f his political opinions or belief, or who
shall, by any corrupt or unlawful means, procure or attempt to
procure or induce any such employee to vote or refrain from vot
ing for any candidate, party ticket, proposition, question or con
stitutional amendment at any election shall, upon conviction
thereof, be punished by line of not less than one hundred nor
more than one thousand dollars or by imprisonment for not more
than six months or both such fine and imprisonment.
S e c . 3. It shall be unlawful for any corporation organized or
ci0ing business under or by virtue of the laws o f this State, directly
or indirectly, by or through any o f its officers or agents, or any
other person, to influence or attempt to influence the vote o f any
voter at any election by the unlawful use o f money belonging to
such corporation, or by discharging or threatening to discharge
any employee o f such corporation on account o f his political opin
ions or belief, or by any corrupt and unlawful means whatsoever to
induce or persuade any employee or other person entitled to vote
at any election to vote or refrain from voting for any candidate,
party ticket, proposition, question or constitutional amendment.
Any violation o f the provisions of this section by a corporation
shall be punished by a fine of not less than one hundred nor more
than one thousand dollars, and any person by or through whom
such act is committed shall be punished by fine not exceeding one
hundred dollars or by imprisonment not exceeding six months, or
by both such fine and imprisonment.
Approved June 11, 1912.
C hapter
73.—Railroad employees— Voting.
S e c t i o n 1. It shall be lawful for any railroad employee, who is
a qUaiified elector of the State of New Mexico, who shall, on the
occurrence o f any election provided by law, necessarily be absent
from the precinct and county in which he is a qualified elector, be
cause the duties o f his occupation require him to be elsewhere
within the State, to vote for county, district or State officers, mem
bers o f the legislature, members of Congress and electors o f Presi
dent and Vice President of the United States in any voting pre
cinct in any county o f the State o f New Mexico where he may pre
sent himself for that purpose on the day o f such election under the
regulations hereinafter provided.
C ertifica te to
S e c . 2. The voter so desiring to vote may present himself at the
be presented , polls in any precinct of any county o f the State o f New Mexico
where he may be on such election day, during voting hours, and
Jupon presentation o f a certificate, duly signed by one or more
members of the board of registration o f the precinct o f the county
o f which said person is a resident and qualified voter, setting
forth the fact that said person is duly registered in such precinct
and is a qualified voter of such precinct according to law, and has
made oath that he must on account o f the duties o f his occupation
be absent from such precinct on election day, may cast his ballot
for the officers and candidates specified in section 1 hereof.
C e r t ific a t e
S e c . 3. It shall be the duties of the judges of election of such
a n d b a llo t t o precinct where said person presents himself, as hereinbefore
be m ailed.
stated, to receive said certificate together with the ballot cast by
said person, pin the two together and securely seal the same in a
stamped envelope, properly addressed, and mail the same to the
county clerk of the county where such voter is a qualified elector
not later than the third day after such election.
How vote is Sec. 4. Upon compliance with the provisions of the preceding
reg ard ed .
three sections, said voter shall be considered as offering to vote,
and voting, in the precinct of which he is a qualified voter,
V o t i n g in
a n y p recin ct.
LABOR LEGISLATION OF 1912— NEW MEXICO.
161
Sec. 5. The county clerk o f the county in which said absent B a llo t r e
voter resides, upon receipt o f said ballot, shall safely keep and pre- corded,
serve the same in his office until the board o f canvassers shall
canvass the vote according to law, at which time the said board
o f canvassers, in the presence o f said county clerk, shall record
the said ballot upon the poll sheet o f the proper precinct or ward
in their possession, in the same manner as clerks o f election record
votes, and in so canvassing said vote, the board o f canvassers
shall count the votes o f all absent voters received, as herein pro
vided, and add the same to the total of the poll sheet, in arriving
at the total results o f the election in the precinct or ward where
said voters live.
S e c . 6 . I f any person shall willfully swear falsely to the affidavit
F a lse sw earherein provided for, he shall upon conviction thereof be deemed ing*
guilty o f perjury, and be punished as in such cases provided by
law.
S e c . 7. It shall be the duty o f the county clerk of each county
Certificates
to furnish to each and every person applying therefor a certificate to be fu r of the class prescribed in section 2 hereof, and in addition thereto, nished*
within forty-eight hours prior to election day, shall furnish such
person with a proper ballot.
S e c . 8 . I f the officers o f election permit any person to vote as
Violations,
herein provided without receiving the certificate provided for, or
shall neglect or refuse to perform any o f the duties prescribed by
this act, they shall upon conviction thereof be deemed guilty o f
a misdemeanor and be fined not exceeding $100. I f any county
clerk, or any member o f any board of registration, or any member
o f the board o f canvassers, shall neglect or refuse to perform any
of his duties prescribed by this act, or shall violate any of the
provisions of this act, or shall reveal or divulge any o f the details
of any ballot herein provided, he shall upon conviction thereof, be
adjudged guilty of a misdemeanor, and be punished by a fine not
exceeding $100 .
Approved June 11, 1912.
Ch apter
74.— Garnishment of wages— Suing outside State.
S e c t i o n 1. In all cases in which the owner of any matured ~ .s,uit outside
claim for money due, or any subsequent assignee thereof, shall
bring suit thereon in any court outside of the State o f New
Mexico wherein the original creditor and debtor were both resi
dents o f this State at the time o f making the contract and are such
residents at the time o f the filing o f the suit above mentioned, and
wherein service is sought to be obtained upon the defendant
debtor by the garnishment o f the personal earnings o f defendant
due him from any person, partnership or corporation upon which
service of the garnishment summons could at the time have been
L ia b ility of
obtained by bringing the action in the county wherein the debtor creditorresides, the original owner o f said claim, or any o f his subse
quent assignees aforesaid, or all o f them severally or jointly
shall be liable in damages to the debtor so sued without this
State in the following items:
1. A reasonable attorney fee paid for defending or compromising
said suit.
2. The reasonable expense o f all trips to said foreign State to
defend or compromise said action, including board, lodging and
transportation of the debtor, his witnesses and attorney.
3. Five dollars per day for the actual number o f days neces
sarily spent in defending or compromising said suit.
4. I f the debtor be successful in the action for damage hereby
authorized, then a reasonable attorney fee for the prosecution o f
the suit, to be assessed with the costs by the court and collected
as part of the judgment and costs.
5. An amount which the court or jury find the debtor would
have been entitled to have had released from garnishment had the
suit in the foreign court been brought in a court within the State
70244°—Bull. 111—13------ 11
162
BULLETIN OF THE BUREAU OF LABOR.
of New Mexico, and the issue o f exemption been tried according
to the law of New Mexico, had the plaintiff by counter affidavit
denied that there was any of the garnished [garnisheed] earn
ings exempt by the laws o f New Mexico.
The release of garnishment for any reason shall not abate the
right o f action for damages above created.
Approved June 12, 1912.
C h apter
E xa m in ers.
A p poin tm ent,
Q u a l i f ic a
tion s of in
sp ectors.
B ond.
S alary.
D u ties.
SO.— Mine regulations—Inspector.
S e c t i o n 1. The State engineer, the governor and the president
o f the school of mines shall constitute a board o f examiners, who
shall examine all applicants for appointment to the office o f State
inspector of mines as to their qualifications to hold said office.
Said board shall examine all such applicants and the governor
shall, by and with the advice and consent o f the senate, appoint
some qualified person so examined to said office.
S e c . 2. No person shall be eligible to hold said office unless he
be a citizen of the United States, at least thirty years o f age, a
resident of New Mexico for one year next preceding his appoint
ment, and shall have had at least three years’ experience in the
workings o f coal mines in New Mexico, and at least five years o f
practical experience in the workings of coal mines in the United
States, and have a practical knowledge of mining engineering, of
mine timbering, of the different systems o f working and ventilat
ing coal mines, o f the nature and properties o f noxious and poison
ous gases of mines, and o f the methods o f dispelling the same and
guarding against explosions, and shall not be interested financially
or otherwise in any coal mine or company operating any coal mine
in the State.
S e c . 3. The inspector shall give bond to the State in the sum of
three thousand dollars ($3,000), and shall receive as compensa
tion for his services the sum of two thousand dollars ($ 2 ,000 ) per
annum, payable monthly, and in addition actual and necessary
transportation and traveling expenses.
Vouchers covering such expenses for each month, accompanied
by subvouchers for the items thereof whenever practical, except
ing railroad fares, shall be submitted to the State auditor by the
inspector before any account of the inspector shall be allowed.
S e c . 4. The duties of the inspector shall be as follows, to w it:
1-Ie shall:
(1) Make a careful and thorough inspection of every coal mine
operated in the State as often as in his opinion may be necessary.
(2) Proceed without delay to any mine within the State when
he learns o f any explosion or other catastrophe therein by which
lives o f men are jeopardized or in which fatalities have occurred,
and render such aid as he can in the rescue o f persons within the
mine and in the protection o f rescuers from danger.
(3) Shall give notice to the owners, operators or managers of
any coal mine wherein he shall find improper construction or that
said mine is not furnished with reasonable and proper machinery
and appliances for the safety o f miners and other employees, that
said mine is unsafe, stating in what particular the same is unsafe,
and shall require said owners, operators or managers to provide
such additional machinery, slopes, entries, means o f escape, venti
lation or other appliances necessary to the safety o f miners and
other employees of said mine within a period to be named in said
notice.
(4) Shall inspect and pass upon the adequacy and safety o f all
hoisting apparatus in mines, and may demand a test o f safety
catches or clutches upon such hoisting apparatus as often as once
in every three months or whenever he may believe such hoisting
apparatus to be defective; he shall conduct said test by detachment
of the rope or cable at a point in the shaft or above the shaft
where the cage may be arrested in its fall with as little wreckage
of property as possible if the safety catches or clutches should
prove defective.
LABOR LEGISLATION OF 1912----NEW MEXICO.
163
( 5 ) Within six months after the passage of this act, he shall
arrange a uniform system o f mine bell signals after consultation
with the engineers in charge of hoisting apparatus and the opera
tors of mines within the State, and shall at once furnish a copy of
the same to each mine owner, operator or manager within the
State.
( 6 ) Shall make an annual report to the governor on or before
the first day o f December of each year; which said report shall
cover the preceding fiscal year and shall contain a review o f the
official acts of the inspector; statistics o f the number o f persons
employed in and about the coal mines in the State and of the
production and the estimated value thereof, and a resume of
the mining conditions generally existing in the State during the
said year.
(7) The inspector is hereby given authority at all reasonable
times to enter and inspect any coal mine in the State and the
workings and machinery belonging thereto in such manner as not
to impede or obstruct the workings o f the m ine; to make inquiry
into the state of the mine, works and machinery thereof, the ven
tilation and mode o f lighting the same, and all matters and things
connected with and relating to the safety o f employees in and
about the mines, and especially to the end that the provisions o f
this act shall be complied with by the owners, operators and man
agers thereof; to require that some person of practical experience
and responsibility representing the owner, operator, or manager
shall accompany the said inspector upon such trips o f inspection
through the mine in order that the inspector may point out and
specify any defects in the mine, in the methods of mining and in
the equipment and construction thereof, which defects may violate
any of the provisions o f this act.
And to require that the owner, operator or manager shall at
all times furnish means necessary for such entry, inspection, ex
amination and inquiry.
The inspector shall make an entry of record in his office o f the
time and material circumstances of each inspection.
( 8 ) Every owner, operator or manager o f any such mine shall
have a right of appeal to the district court in the county wherein
such mine is situated, as to the necessity or reasonableness of the
order or requirements of the inspector under any of the provisions
of this act.
S e c . 5. Every owner, agent, manager or lessee o f any coal mine
in s p e c to r to
in this State shall admit the inspector for the purpose o f making he ad m itted,
examination and inspection, provided for in this act. Any owner,
agent, operator, manager or lessee who shall refuse to allow such
inspection to be made shall, upon conviction, be deemed guilty of
a misdemeanor, and shall be fined in a sum not less than fifty
dollars nor more than five hundred dollars, or by imprisonment
not less than one nor more than three months, or by both such
line and imprisonment.
S e c . 6 . ( 1 ) In all coal mines, the owner, lessee, maanger or
E s c a p e
operator shall provide at least two shafts, slopes or other outlets shafts.
separated by natural strata of not less than fifty feet in breadth,
by which shafts, slopes or outlets, distinct means o f ingress or
egress shall always be available to the employees in said mines;
and in no case shall a furnace shaft be deemed an escape shaft.
(2)
In all coal mines operated by shafts, a safe and stable stairs ta ir w a y s ,
way shall be provided by the owner, lessee, manager or operator
and placed in the second opening or escape shaft, which stairway
shall b£ set at an angle not greater than fifty degrees, shall not be
less than two and one-half feet wide in the clear, shall have a sub
stantial hand rail throughout its entire length with stations not
more than thirty feet apart, each station having a substantial
platform or landing at least three and one-half feet wide and
five feet in length: Provided, That in no instance shall a ladder
way be considered as a compliance with the foregoing require
ments.
164
Cages.
BULLETIN OP THE BUBEAU OF LABOB.
(3) Reasonable care shall be used by every owner, operator,
manager or lessee to provide safety catch or clutch and a good
and substantial iron bonnet or overhead cover on every cage,
used in lowering or hoisting persons, in every shaft operated in
mines in the State.
(4) All machinery or appliances used for transportation o f per
Safety ap
p lia n ces.
sons in said mines shall be provided with adequate safety appli
ances and shall be inspected at regular intervals by competent
persons for that purpose, appointed by the owner, lessee, operator
or manager of the mine.
Weekly in
(5) Every shaft, slope or drift opening used for an escapeway
sp ection s.
from coal mines, shall be traversed throughout its entire depth
or length and regularly and carefully inspected by a competent
employee designated by the owner, lessee, or operator for that
purpose once a week, which said employee shall report upon the
condition o f such escapeway, and shall make a record o f such In
spection, which record shall show the date of each inspection and
the condition o f the escapeway, inspected, which said record shall
at all times be open to the inspector.
V e n tila tion .
( 6 ) Every operator of any coal mine which shall have attained
a distance o f one hundred feet in depth o f shaft or length o f
slope, entry or drift from the surface, or from the bottom of the
shaft, shall use all reasonable means to provide an adequate
amount o f ventilation o f not less than one hundred cubic feet of
pure air per minute for each person at work in said mine and not
less than three hundred cubic feet o f pure air per minute for each
mule, horse or burro used in said mine, and to cause such air to
be forced by proper appliances through said mine to the face o f
each and every working place in such a manner as to render
harmless and expell [sic] therefrom all dangerous or poisonous
gases; and shall use reasonable care at all times to keep all work
ings in operation in said mine free from standing gas.
R escu e ap p a
(7) At least four safety lamps, four electric hand lamps and
ratus.
four masks or helmets provided with a supply of oxygen or air
sufficient to sustain respiration for the user thereof for at least
one hour, shall be kept for rescue work by each company or op*
erator at every coal mining camp where twenty-five or more men
are employed.
( 8 ) Every fan hereafter erected or constructed at any coal mine
Fans.
must be placed at least twenty feet distant from the side or mouth
o f the shaft entry or slope with which it is connected for ventila
tion purposes, and shall be as much as possible o f fireproof con
struction; and explosion doors shall be provided in a direct line
with the mine opening.
(9) In each coal mine which vents gas, which, in combination
F ire bosses.
with air, will induce or maintain an explosive condition, it shall
be the duty o f the operator to keep constantly employed one or
more experienced men whose duty it shall be to act as fire bosses,
whose duties it shall be to carefully inspect all working places in
said mine by making tests for gas with a safety lamp within three
hours before each working shift enters said mine and to make a
written record o f the conditions in the mine after each examina
tion, in a book to be kept for that purpose; said fire bosses shall
mark with chalk on the face o f the room his initials and the date
and hour o f the examination as proof to the miner that his work
ing place has been examined. Any fire boss discovering standing
gas in any workings or openings in any coal mine, shall immedi
ately place a danger sign at the entrance o f the place where such
standing gas is found and at such distance therefrom as would
give timely warning to any person carrying an open light. Said
fire boss or gas watchman shall then proceed with and complete
his examination of said mine, placing like signs before each work
ing place where standing gas is found; and thereupon shall pro
ceed to take the necessary steps to improve the ventilation and
remove standing gas wherever found.
(10) In like manner and within the same time before any
A bandoned
w ork in gs, etc. working shift enters the mine, the fire boss shall examine all ac-
LABOR LEGISLATION OF 1012— HEW MEXICO.
165
cessible gobs and abandoned workings in said mine wliicli there
is reason to believe might accumulate gas in dangerous quantities.
Naked lights shall not be used in any ventilating district between P r e c a u t io n s
the place where safety lamps are necessary to be used and outside as to fire,
opening of the return airway. The owner, operator or manager
o f every coal mine shall use reasonable care to provide that all
brattice cloth used shall be fireproof cloth, and that doors therein
shall be made as fireproof as possible by painting with fireproof
paint or covering with metal; that rags or other inflammable ma
terial shall not be used to stop leaks; that doors must be hung in
such a manner as to close automatically; and that all overcasts
constructed after the passage o f this act shall be of stone or other
fireproof material.
(11) It shall be the duty o f the operator, owner or manager o f
T im bers,
every coal mine to provide an ample supply o f timbers and to
cause the same to be delivered on the pit car, at the request o f
the miners, as near as practicable to the places where the same
are to be used. The operator shall not store or knowingly permit
to be stored any powder or other explosive in any coal mine, nor
knowingly permit to be taken into any coal mine powder or other
explosive in a greater quantity than may be required for use in
one shift, unless such quantity be less than five pounds, and shall
not knowingly permit black powder or powder not in cartridge
form to be carried into the mine, except in metallic canisters, un
less such powder is to be distributed by the shot inspector or used
by the shot firer.
(12) The operator shall not knowingly permit to be used for Illu m in a tin g
illuminating purposes in any coal mine any oils other than pure oilanimal or vegetable oils or other oils as free from smoke as a pure
animal or vegetable o il: Provided, however, That any material as
free from smoke and bad odor and o f equal merit as an illuminant
as a pure vegetable oil, may be used.
(13) It shall be the duty o f the operator o f any mine in the A ccid e n ts to
event o f a fatal accident occurring therein, to at once make a be rep orted ,
brief report o f the same by telegraph or telephone to the inspector;
and within ten days thereafter it shall be his duty to make and
transmit a full and complete report in writing to the inspector o f
any such accident. It shall also be the duty o f the operator to
keep a complete record o f all accidents which may occur in the
mine operated by him at said mine, to which record the inspector
shall have access.
(14) It shall be the duty o f the operator to exercise reasonable Competent
care to employ experienced, competent and sober men as shot
to be emfirers, fire bosses, and engineers in charge o f hoisting apparatus p y
or engines, or in charge o f explosives.
(15) It shall be the duty o f the operator to install and maintain T e l e p h o n e
a telephone system in every coal mine to such extent as may be system ,
reasonably required for the operation thereof.
(16) It shall be the duty o f the operator of every coal mine to
C ars on in
supply at least two drags for each rope trip in all inclines and ciinesslopes to be attached to the rear end o f the hind car, ascending
such inclines or slopes, for the purpose o f derailing the car in
case the rope or couplings should break or any car become
detached.
(17) It shall be the duty of any operator o f any coal mine em- Shot firers.
ploying twenty or more miners to employ shot firers to fire the
shots therein, except where some approved mechanical or electric
shot firing device is used; said shots shall be fired between work
ing shifts, when all miners and other employees, except shot
firers and employees doing repair work, shall be out of the mine.
When the miners are allowed to load and tamp the holes, the
operator shall provide tamping consisting of some incombustible
substance, which shall be delivered to points convenient to working
places.
(18) It shall be the duty o f the operator of every coal mine R e fu g e holes,
where traveling roads are not provided and wherever workmen are
compelled to travel the haulage road in the course o f their ordi
166
BULLETIN OF THE BUREAU OF LABOR.
nary duties, to provide a clear space, two feet in widtli, on one
side o f such haulage w a y [;] or where such clear space is not
provided he shall provide refuge holes, six feet in height, four feet
in width and three feet in depth, on one or both sides along such
haulage ways at intervals o f not more than one hundred feet
apart, and said refuge holes shall be kept whitewashed or painted
white so as to be easily distinguished from the rib adjacent
thereto; said operator shall also maintain similar refuge holes on
main slope haulage ways.
( 1 9 ) When a uniform code of mine bell signals has been ar
C ode o f bell
signals.
ranged by the mine inspector as provided by this act, a copy o f
such code o f signals shall be maintained in each hoisting engine
house in plain view of the engineer in charge thereof and a similar
copy thereof shall be maintained at each level or entry in said
mine from which persons or coal are hoisted.
V iola tion s.
(20) Any operator of any coal mine who shall willfully fail or
refuse to comply with any o f the provisions o f this section shall
be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined in a sum not less than fifty dollars nor more than
five hundred dollars, or by imprisonment for not less than one
month or more than three months, or by both such fine and
imprisonment.
S e c . 7. ( 1 ) It shall be unlawful for any miner to enter any
A cts fo rb id
den.
mine or part o f a mine generating explosive gas until it shall
have been examined by the fire boss and by said fire boss reported
safe.
(2) It shall be unlawful for any person to brush firedamp from
any place in a coal mine by means o f a coat, brattice cloth, sack
or any article which might be used by a movement o f the same
with arms or hands.
(3) It shall be unlawful for any person employed in or about
any coal mine wherein a traveling way is provided, to travel upon
the haulage road where rope or motor haulage is employed; except
the track walker or the track repairer or timber men when in the
performance of work necessary upon such haulage road, and the
inspector, mine superintendent, pit boss, fire boss or other officials
in the inspection o f such roads or other necessary duties. Such
haulage road shall not be used for ordinary means o f ingress or
egress to or from the mine.
(4) It shall be unlawful for any person to tamp any drill hole
in any coal mine with slack coal, drill dust or other ordinarily
combustible material.
(5) It shall be unlawful for any person other than the trip or
rope rider, or his assistant or assistants, in any coal mine, to ride
on or between the cars, entering or coming out from any mine
or on or between the cars being moved within the mine, except in
case of emergency: Provided, however, That passengers may be
hauled when the engineer or person in charge o f the trip has been
notified thereof.
Dangerous
( 6 ) It shall be the duty of every coal miner to take down all
sla te, etc.
dangerous coal, slate, rock or other material in his working place,
or to make the same safe by proper timbering. It shall be unlaw
ful for any coal miner to work or remain in any unsafe or
dangerous place in a coal mine, knowing the same to be such,
except for the purpose of remedying such condition, or for any
owner or operator to require him so to do.
(7) It shall be unlawful for any person to load or ignite any
shot hole in any narrow working, in any coal mine, until such
working shall be either undermined, or cut or sheared on one
side, to the full depth o f the hole to be fired. Narrow workings
are hereby defined as entries, room necks, break throughs or
crosscuts between entries and rooms: Provided, however, That
the provisions o f this subsection shall not apply where prospect
entries or new openings are being made to determine the prac
ticability of opening a mine.
( 8 ) It shall be unlawful for any person in any mine to wear a
pit lamp in his cap or to have an open light within five feet o f
LABOR LEGISLATION OF 1912— NEW MEXICO.
167
any place where lie is handling loose powder, caps or detonators,
or preparing explosive cartridges of any kind.
(9) It shall be the duty o f every shot firer in coal mines to F irin g shots,
inspect all shot holes before igniting any shots or blasts. He
shall begin igniting the shots to be fired at such place that he can
proceed with the firing in a direction opposite from that which
the air is traveling. Whenever in his opinion any of the working
places are too dry, dusty or otherwise dangerous, or that the
drill holes is [are] improperly placed, or that an overcharge of ex
plosive is used, or that it is improperly tamped, or that the shot
hole is in any particular defective, or if in the opinion o f the shot
firer the exploding of such shot would be a menace to himself or
other person within the mine, or would cause undue wreckage o f
timbers or property, it shall be his duty to condemn such shot or
drill hole, and refuse to ignite such shot or allow it to be ignited
until such defective conditions are remedied.
( 1 0 ) Any person violating any o f the provisions o f this section
V io la tio n s,
shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding fifty dollars or by im
prisonment in the county jail not exceeding thirty days or by both
such fine and imprisonment.
S e c . 8 . It shall be unlawful for any person other than a reguW h o may fire
larly employed shot firer to ignite any shot within a coal mine shotswhere shot firers are employed, except in rock work entry or de
velopment work where it is not deemed necessary to employ regu
lar shot firers, or in case o f absence or inability o f the shot firer
to attend to such duty, in which event some person who is ex
perienced may be appointed by the mine boss to ignite shots. Any
person violating any o f the provisions hereof, shall, upon convic
tion, be fined not less than fifty dollars nor more than five hun
dred dollars, or be punished by imprisonment for not less than
thirty days nor more than two years.
Sec. 9. Any person who shall, by violence, abusive language or i n t e r f e r i n g
innuendo, injure, humiliate or embarrass any shot firer because with shot firo f said shot firer having condemned any shot hole, shalJ, upon ersconviction thereof be punished by a fine o f not exceeding one hun
dred dollars or by imprisonment for not less than thirty days
nor more than one year.
Sec. 10. Any person who shall willfully remove, break or de- I n ju r in g elec*
stroy any electric light bulb which is installed and in use, or to trie a p p lia n ces
be used in or about any mine in the State, or shall cut, detach
or in any manner interfere with any electric light or electric wire
in any such mine without consent of the operator or person in
charge shall be deemed guilty of a misdemeanor and upon con
viction thereof shall be punished by a fine o f not more than one
hundred dollars, or by imprisonment for not more than six
months, or by both such fine and imprisonment.
Sec. 11. Any person who shall willfully obstruct or do any act D a m a g i n g
which may interfere with the free passage o f air through any apparatllsventilation circuit, or who shall willfully remove, break, destroy
or damage any apparatus or equipment in or about any mine used
for ventilation purposes, without consent of the person in charge
o f said mine, or any person who shall willfully remove, break,
destroy, damage or otherwise molest any mine equipment for
whatever purpose used in or about any mine, or impede the opera
tion thereof, without consent o f the person in charge o f said mine,
shall be deemed guilty o f a misdemeanor, and upon conviction
thereof, shall be punished by a fine of not more than one hundred
dollars, or by imprisonment for not more than one year, or by
both such fine and imprisonment.
S e c . 12. Any person who shall willfully set on fire or ignite or
S e ttin g fire
cause to be set on fire or ignited any building, equipment or any- to b u i l d i n g s ,
thing whatsoever at or within any mine when any person is
present in such mine at the time, shall be deemed guilty o f a
felony, and upon conviction thereof, shall be imprisoned for not
less than five years nor more than twenty-five years: Provided,
however, That if the life of any person be lost through the ignition
168
Office
BULLETIN OF THE BUREAU OF LABOR.
e tc.
«or causing to be ignited of any such building, equipment or other
thing as in this section provided, the person setting or causing to
be set such fire shall be deemed guilty o f murder in the first
degree, and shall be dealt with according to the law at the time in
force prescribing the penalty for such offense.
Sec. 13. The State shall provide for the use o f the mine inspector
a suitable office with fuel and light, provided with necessary furni
ture, fixtures, files and supplies for properly conducting his busi
ness as herein provided; and shall further provide for the use o f
the inspector an anemometer, a barometer, safety lamps and other
appliances and instruments necessarily required in the work of
mine inspector.
Approved June 13, 1912.
NEW YORK.
ACTS OF 1912.
C hapter
“
21.— Commission on conditions of labor in factories.
S e c t i o n 1. Section three Of chapter five hundred and sixty-one
of the laws o f nineteen hundred and eleven is hereby amended to
read as follows:
R ep ort.
S e c t i o n 3. Such commission shall make a report of its proceed
ings, together with its recommendations, to the legislature on or
before the fifteenth day of January, nineteen hundred and
thirteen.
F a cto rie s and
S e c . 2. In addition to the powers conferred by chapter five hunej-cantile e s - dred and sixty-one of the laws of nineteen hundred and eleven,
m ents.
c o m m i SSi o n shall, pursuant to such act, have power through
out the State to investigate manufacturing conducted in buildings
or elsewhere, and to inquire into the conditions in mercantile
establishments generally.
Became a law March 6 , 1912.
C hapter
Additional
in sp ectors.
[This act amends section 61 of the Labor Law, as amended by
chapter 729, Acts of 1911, by increasing the whole number of
factory inspectors from 85 to 125, the number o f women that may
be appointed from 15 to 20, and the maximum number of inspec
tors of the second grade from 50 to 90.]
Became a law April 5, 1912.
C hapter
H ou rs
bor.
158.—Factory inspectors.
219.— Work in compressed air.
S e c t i o n 1. Sections one hundred and thirty-four-a and one hun
dred and thirty-four-b o f * * * chapter thirty-one o f the
Consolidated Laws, are hereby amended to read, respectively, as
follows :
of la- S e c t i o n 134-a. All work in the prosecution o f which tunnels,
caissons or other apparatus or means in which compressed air is
employed or used shall be conducted subject to the following re
strictions and regulations: When the air pressure in any com
partment, caisson, tunnel or place in which men are employed is
greater than normal and does not exceed twenty-eight pounds to
the square inch, no employee shall be permitted to work or re
main therein more than eight hours in any twenty-four hours and
shall only be permitted to work under such air pressure provided
he shall during such period return to the open air for an interval
of at least thirty consecutive minutes, which interval his em
ployer shall provide for. When the air pressure in any such
compartment, caisson, tunnel or place shall exceed twenty-eight
pounds to the square inch, and shall not equal thirty-six pounds
to the square inch, no employee shall be permitted to work or
remain therein more than six hours, such six hours to be divided
LABOR LEGISLATION OF 1912----NEW YORK.
169
into two periods o f three hours each, with an interval of at least
one hour between each such period. When the air pressure in
any such compartment, caisson, tunnel or place shall equal thirtysix pounds to the square inch and shall not equal forty-two
pounds to the square inch, no such employee shall be permitted to
work or remain therein more than four hours in any twenty-four
hours, such four hours to be divided into periods o f not more
than two hours each, with an interval o f at least two hours be
tween each such period; when the air pressure in any such com
partment, caisson, tunnel or place shall equal forty-two pounds to
the square inch and shall not equal forty-six pounds to the square
inch, no employee shall be permitted to work or remain therein
more than three hours in any twenty-four hours, such three hours
to be divided into periods o f not more than ninety minutes each,
with an interval o f at least three hours between each such period;
when the air pressure in any such compartment, caisson, tunnel
or place shall equal forty-six pounds to the square inch and shall
not equal fifty pounds to the square inch, no employee shall be
permitted to work or remain therein more than two hours in any
twenty-four hours, such two hours to be divided into periods of
one hour each, with an interval o f not less than four hours be
tween each such period; no employee shall be permitted to work
in any compartment, caisson, tunnel or place where the pressure
shall exceed fifty pounds to the square inch, except in case o f
emergency. No person employed in work in compressed air shall D e c o m p r e s be permitted by his employer or by the person in charge o f said sion locks,
work to pass from the place in which the work is being done to
atmosphere of normal pressure, without passing through an inter
mediate lock or stage o f decompression, which said decompression
shall be, where the work is being done in tunnels, at the rate o f
three pounds every two minutes unless the pressure shall be over
thirty-six pounds, in which event the decompression shall be at the
rate of one pound per minute; and which said decompression shall
be, where the work is being done in caissons, at the following
rates:
Where pressure is not over ten pounds per square inch the time R a te s of deof decompression shall be one minute; when pressure is over ten com p ression ,
pounds per square inch, but does not exceed fifteen pounds per
square inch, the time o f decompression shall be two minutes;
when pressure is over fifteen pounds per square inch, but does not
exceed twenty pounds per square inch, the time o f decompression
shall be five minutes; when pressure is over twenty pounds per
square inch, but does not exceed twenty-five pounds per square
inch, the time o f decompression shall be ten minutes; when pres
sure is over twenty-five pounds per square inch but but |sic] does
not exceed thirty pounds per square inch, the time of decompression
shall be twelve minutes; when pressure is over thirty pounds per
square inch, but does not exceed thirty-six pounds per square inch,
the time o f decompression shall be fifteen minutes; when pressure
is over thirty-six pounds per square inch, but does not exceed
forty pounds per square inch, the time o f decompression shall be
twenty minutes; when pressure is over forty pounds per square
inch, but does not exceed fifty pounds per square inch, the time
of decompression shall be twenty-five minutes.
All necessary instruments shall be attached to all caissons and
air locks showing the actual air pressure to which men employed
therein are subjected and which instruments shall be accessible
to and in charge o f a competent person who shall not be employed
more than eight hours in any twenty-four hours.
Sec. 134-b. Any person or corporation carrying on any tunnel, M e d ica l atcaisson or other work in the prosecution of which men are em- ten d a n ce,
ployed or permitted to work in compressed air, shall, while such
men are so employed, also employ and keep in employment, one
or more duly qualified persons to act as medical officer or officers
who shall be in attendance at all necessary times while such work
is in progress and whose duty it shall be to administer and strictly
enforce the follow ing:
170
R e g u la t io n s
as to e m p lo y
m ent.
D ressin g
room s.
M ed ica l lock.
Two ai r
pipes.
Electric
ligh tin g .
BULLETIN OF THE BUREAU OF LABOR.
(a) No person shall be permitted to work in compressed air
until after he shall have been examined by such medical officer
and reported by such officer to the person in charge thereof as
found to be qualified, physically, to engage in such work.
(b ) In the event of absence from work, by an employee for
ten or more successive days for any cause, he shall not resume
work until he shall have been reexamined by the medical officer
and his physical condition reported as hitherto provided to be
such as to permit him to work in compressed air.
(c) No person known to be addicted to the excessive use of
intoxicants shall be permitted to work in compressed air.
(d ) No person not having previously worked in compressed
air shall be permitted during the first twenty-four hours of his
employment to work for longer than one-half of a day period as
provided in section one hundred and thirty-four-a and after so
working shall be reexamined and not permitted to work in a place
where the pressure is in excess o f fifteen pounds unless his
physical condition be reported by the medical officer as hereto
fore provided to be such as to qualify him for such work.
(e) After a person has been employed continuously in com
pressed air for a period of three months he shall be reexamined
by the medical officer and he shall not be allowed, permitted or
compelled to work until such examination has been made and
he has been reported as heretofore provided as physically quali
fied to engage in compressed air work.
(f ) The said medical officer shall at all times keep a complete
and full record of examinations made by him, which record shall
contain dates 011 which examinations were made and a clear and
full description of the person examined, his age and physical con
dition at the time examined, also the statement as to the time such
person has been engaged in like employment.
(g) Properly heated, lighted and ventilated dressing rooms
shall be provided for all employees in compressed air which shall
contain lockers and benches and shall be open and accessible to
the men during the intermission between shifts. Such rooms shall
be provided with baths, with hot and cold water service and a
proper and sanitary toilet.
(h) A medical lock shall be established and maintained in con
nection with all work in compressed air as herein provided. Such
lock shall be kept properly heated, lighted and ventilated and
shall contain proper medical and surgical equipment. Such lock
shall be in charge o f a certified trained nurse selected by the
medical officer, who shall be qualified to render temporary relief.
Sec. 2. Said chapter is hereby further amended by adding two
new sections, to be known as sections one hundred and thirtyfour-d and one hundred and thirty-four-e, to read as follows:
Sec. 134-d. All work in the prosecution of which tunnels, cais
sons or other apparatus or means within which compressed air is
employed shall have at least two air pipes or lines connected at
all times and in perfect working condition.
S e c . 134-e. Wherever electricity is used as lighting apparatus
the light supplied for the shaft leading to the caisson or tunnel or
other apparatus wherein the men are actually at work shall be
supplied from a different wire from the lights which are located
at the point wherein the men are actually working under air.
Became a law April 8 , 1912.
C hapter
C om p la in ts.
261.—Private employment offices.
[This chapter amends subdivision 3 o f section 191 o f chapter
20 of the Consolidated Laws, relating to complaints against per
sons licensed to conduct employment offices and the revocation of
licenses, by fixing a term o f three years as a period within which
no new license may be issued, instead o f forbidding any subse
quent licensing.]
LABOB LEGISLATION OP 1912----NEW YORK.
C hapter
264.—Employment of women and children in barrooms.
S e c t i o n 1. * ♦ * Section thirty of
* * * chapter thirtyfour of the Consolidated Laws, is hereby amended to read as
follow s:
S e c t i o n 30.
* * * It shall not be lawful for any person,
whether having paid such [liquor] tax or not, * ♦ ♦
*
*
*
*
*
*
*
F. To permit any girl or woman, not a member o f his family,
or any minor under the age of eighteen years, * * * to sell or
serve any liquor on the premises; * * *
Became a law April 11, 1912.
C h apter
W h a t p e r
son s
not
to
sell, etc.
329.— Inspection and regulation of factories—Fire pre
vent ion.
S e c t i o n 1. Article six o f
* * * chapter thirty-one of the
Consolidated Laws, is hereby amended by inserting therein a new
section, to be section eighty-three-c, to read as follow s:
S e c t i o n 83-c. 1. Every factory shall be provided with properly
covered fireproof receptacles, the number, style and location o f
which shall be approved in the city of New York by the fire com
missioner, and elsewhere, by the commissioner o f labor. There
shall be deposited in such receptacles all inflammable waste mate
rials, cuttings and rubbish. No waste materials, cuttings and rub
bish shall be permitted to accumulate on the floors of any factory
but shall be removed therefrom not less than twice each day. All
such waste materials, cuttings and rubbish shall be entirely re
moved from a factory building at least once in each day.
2. All gas jets or lights in factories shall be properly enclosed
by globes, wire cages or otherwise properly protected in a manner
approved in the city o f New York by the fire commissioner o f
such city, and elsewhere, by the commissioner o f labor.
3. Smoking in a factory is prohibited. A notice o f such pro
hibition stating the penalty for violation thereof shall be posted on
every floor of such factory in English and also in such other lan
guage or languages as the fire commissioner o f the city o f New
York in such city, and elsewhere, the State fire marshal, shall
direct. The fire commissioner o f the city o f New York in such
city, and elsewhere, the State fire marshal shall enforce the provi
sions o f this subdivision.
Became a law April 15, 1912.
C hapter
171
W a ste bins.
Gas je ts .
S m oking.
330.—Inspection and regulation of factories—Fire drills.
S e c t i o n 1. Article six o f
* * * chapter thirty-one o f the
Consolidated Laws, is hereby amended by inserting therein a new
section, to be section eighty-three-a, to read as follow s:
S e c t i o n 83-a. In every factory in which more than twenty-five
persons are regularly employed above the ground or first floor a
fire drill o f the occupants o f such building shall be conducted at
least once in every three months under the supervision of the local
fire department or one o f its officers. Appropriate rules and regu
lations to make effective this provision shall be prepared for the
city o f New York by the fire commissioner o f such city, and for
other parts o f the State, by the State fire marshal. Such rules
and regulations shall be posted on each floor o f every factory to
which they apply. In the city of New York the fire commissioner
of such city, and elsewhere, the State fire marshal is charged with
the duty o f enforcing this section.
Became a law April 15, 1912.
C h apter
331.—Employment of women after childbirth.
S e c t i o n 1. Chapter * * * thirty-one of the Consolidated
Laws is hereby amended by adding thereto, after section ninety-
Q uarterly
fire d rills.
172
BULLETIN OF THE BUREAU OF LABOR.
three, a new section, to be section ninety-three-a, to read as
follow s:
E m p loy m en t
S e c t i o n 93-a. It shall be unlawful for the owner, proprietor,
fo rb id d e n ,m a n a g e r , foreman or other person in authority o f any factory,
when.
mercantile establishment, mill or workshop to knowingly employ
a female or permit a female to be employed therein within four
weeks after she has given birth to a child.
Became a law April 15, 1912.
C hapter
332.— Inspection and regulation of factories—Automatic
sprinklers.
S ection 1. Article six of * ♦ * chapter thirty-one o f the
Consolidated Laws is hereby amended by inserting therein a new
section, to be section eiglity-three-b, to read as follow s:
W hat facS ection 83-b. In every factory building over seven stories or
torieBkito hnve°ver ninety feet in height in which wooden flooring or wooden
sp r n er .
trim is used and more than two hundred people are regularly em
ployed above the seventh floor or more than ninety feet above the
ground level of such building, the owner o f the building shall in
stall an automatic sprinkler system approved as to form and man
ner in the city o f New York by the fire commissioner o f such city,
and elsewhere, by the State fire marshal. Such installation shall
be made within one year after this section takes effect, but the fire
commissioner of the city o f New York in such city and the State
fire marshal elsewhere may, for good cause shown, extend such
time for an additional year. A failure to comply with this sec
tion shall be a misdemeanor as provided by section twelve hun
dred and seventy-five o f the penal law and the provisions hereof
shall also be enforced in the city o f New York by the fire commis
sioner of such city in the manner provided by title three of chap
ter fifteen o f the Greater New York charter, and elsewhere by the
State fire marshal in the manner provided by article ten-a o f the
insurance law.
Became a law April 15, 1912.
C hapter 333.—Employment of children— General provisions.
P h y s ica l
a m in a tion .
[This act amends subdivision (e) o f section 71 o f the Labor
Law by omitting the next to the last sentence, which read: “ In
doubtful cases such physical fitness shall be determined by a medi
cal officer o f the board or department o f health; ” and by adding
the following:]
ex- In every case, before an employment certificate is issued, such
physical fitness shall be determined by a medical officer o f the
department or board o f health, who shall make a thorough physi
cal examination o f the child and record the result thereof on a
blank to be furnished for the purpose by the State commissioner
o f labor and shall set forth thereon such facts concerning the
physical condition and history o f the child as the commissioner o f
labor may require.
[Section 75 is also amended by adding the requirement that a
duplicate o f the record o f the physical examinations of children
made by local officials shall be forwarded monthly to the office of
the commissioner o f labor.]
Became a law April 15, 1912.
C hapter 334.—Inspection and regulation of factories— Contagious
diseases.
Act extended.
[The act amends section 95 o f the Labor Law, making its pro
visions of general application, instead of only to certain articles
and factories.]
Became a law April 15, 1912.
LABOR LEGISLATION OF 1912----NEW YORK.
C hapter
335.—Inspection and regulation of factories—Registra
tion.
Section 1. Article six o f * * * chapter thirty-one o f the
Consolidated Laws is hereby amended by inserting therein imme
diately preceding section seventy a new section, to be section sixtynine, to read as follows:
S ection 6 9 . The owner o f every factory shall register such factory with the State department o f labor, giving the name o f the
owner, his home address, the address o f the business, the name
under which it is carried on* the number o f employees and such
other data as the commissioner o f labor may require. Such regis
tration o f existing factories shall be made within six months after
this section takes effect. Factories hereafter established shall be
so registered within thirty days after the commencement o f busi
ness. Within thirty days after a change in the location o f a fac
tory the owner thereof shall file with the commissioner o f labor
the new address o f the business, together with such other informa
tion as the commissioner of labor may require.
Became a law April 15, 1912.
C h apter
173
Owners
re g ister,
to
336.—Inspection and regulation of factories—Drinking
water, wash rooms, etc.
S ection 1. Section eighty-eight of * * * chapter thirty-one
o f the Consolidated Laws is hereby amended to read as follow s:
Section 88 . In every factory there shall be provided at all
S u pply o f
times for the use of employees, a sufficient supply o f clean and « r a n k i n g w apure drinking water. Such water shall be supplied through
proper pipe connections with water mains through which is con
veyed the water used for domestic purposes, or, from a spring or
well or body of pure w ater; if such drinking water be placed in
receptacles in the factory, such receptacles shall be properly cov
ered to prevent contamination and shall be thoroughly cleaned at
frequent intervals. In every factory there shall be provided and W a s h r o o m s ,
maintained for the use o f employees, suitable and convenient wash d re ssin g room s,
rooms, adequately equipped' with sinks and proper water service; etc*
and in all factories where lead, arsenic or other poisonous sub
stances or injurious or noxious fumes, dust or gases are present
as an incident or result o f the business or processes conducted
by such factory there shall be provided washing facilities which
shall include hot water and individual towels. Where females are
employed, dressing or emergency rooms shall be provided for their
use; each such room shall have at least one window opening to
the outer air and shall be enclosed by means of solid partitions
or walls. In brass and iron foundries suitable provision shall
be made and maintained for drying the working clothes o f per
sons employed therein. In every factory there shall be provided
suitable and convenient water-closets for each sex, in such number
as the commissioner o f labor may determine. Such water-closets
shall be properly screened, lighted, ventilated and kept clean and
sanitary; the enclosure o f each closet shall be kept clean and
sanitary and free from all obscene writing or marking. The
water-closets used by females shall be entirely separated from
those used by males and the entrances thereto shall be effectively
screened. The water-closets shall be maintained inside the fac
tory whenever practicable and in all cases, when required by the
commissioner of labor.
S ec. 2. Such chapter is hereby amended by adding thereto, after
section eighty-nine, a new section, to be section eighty-nine-a, to
read as follow s:
Section 8&-a. No employee shall take or be permitted to take . Taking fo o d
any food into a room or apartment in a factory, mercantile estab-L***? , certain
lishment, mill or workshop, commercial institution or other estabroom s,
lishment or working place where lead, arsenic or other poisonous
substances or injurious or noxious fumes, dust or gases exist in
harmful conditions or are present in harmful quantities as an
174
BULLETIN OF THE BUREAU OF LABOR.
incident or result of the business conducted by such factory, com
mercial establishment, mill or workshop, commercial institution
or other establishment or working place; and notice to the fore
going effect shall be posted in each such room, or apartment. No
employee, unless his presence is necessary for the proper conduct
o f the business, shall remain in any such room, apartment or
enclosure during the time allowed* for meals, and suitable pro
vision shall be made and maintained by the employer for enabling
employees to take their meals elsewhere in such establishment.
Became a law April 15, 1912.
C h a p t e r 3 5 3 . —Leave
A bsence w ith
pa{y d u rin g d isa b ility .
S e c t i o n 1. The Greater New York charter, as reenacted by
chapter lour hundred and sixty-six o f the laws o f nineteen hun
dred and one, is hereby amended by adding thereto a new section,
to be known as section fifteen hundred and sixty-eight, and to
read as follows:
S e c t i o n 1568. The head of a city department, or any other officer, board or body of the city, or o f a borough or county within tlio
city, vested with the power o f appointment and employment, in
addition to existing powers, may, in his discretion, grant to an
employee in his department, board, body or office, whose com
pensation is payable by the day and who may be injured in the
performance of his duties, a leave o f absence during disability
with pay, which leave of absence, however, shall not exceed thirty
days except with the consent o f the mayor and the comptroller.
3ecame a law April 15, 1912.
C hapter
P ow er as to
oa th s, etc.
A p peals.
C rim inal
p rosecu tion ,
382.—Labor law—Enforcement.
S e c t i o n 1. Subdivision one o f section forty-three of
* * *
chapter thirty-one of the Consolidated Laws, * ♦ * is hereby
amended to read as follows:
[ S e c t i o n 43]. 1. The commissioner o f labor, his deputies and
their assistants and each special agent, confidential agents, factory
inspector, mine inspector, tunnel inspector, chief investigator,
special investigators, mercantile inspector, or deputy mercantile
inspectors may administer oaths and take affidavits in matters
relating to the provisions of this chapter and may also serve
process in criminal actions arising thereunder.
Became a law April 15, 1912.
C h a p t e r 4 5 3 . —State
A c t exten d ed .
of absence for injured employees— New York
City.
fire marshal— Fire escapes, fire prevention,
etc.
[This chapter amends article 10-a, added to chapter 2 S of the
Consolidated Laws by chapter 451 of the acts o f 1911. The prin
cipal changes to be noted are the extension of the duties of the
fire marshal, as set forth in section 351, by including the institu
tion and supervision of fire drills in the premises named in sub
section 6 , and calling for the investigation of the causes of explo
sions as well as of fires.
Section 355 becomes Sec. 356, and provides for appeals to the
fire marshal within 5 days instead o f 24 hours as formerly, and
also provides for a court revision o f the fire marshal’s orders.
There is also added to this section the follow ing:]
Whenever an order has been served requiring the installation,
alteration or repair of fire escapes or exits upon any building or
structure in which numbers of persons work, live or congregate
from time to time for any purpose, and the owner, lessee or occu
pant has failed to comply with said order within the time herein
specified, the State fire marshal may, in addition to any other
penalty mentioned in this article, prosecute such owner or occu
pant in the criminal courts, and upon conviction such owner,
LABOR LEGISLATION OF 1912----NEW YORK.
175
lessee or occupant shall be liable to punishment as for a mis
demeanor.
[Section 357, as amended, reads as follow s:]
S e c . 357. The State fire marshal shall also cause to be inspected
in s p e ctio n of
all boilers in buildings and all other places where same are used boilers,
for the generation o f steam and which c a r r y a steam pressure of
ten pounds or more to the square inch, except where a certificate
has been filed in the office of the State fire marshal certifying that
such boilers have been inspected by a duly authorized insurance
company in conformity with the regulations prescribed by the
State fire marshal and that upon such inspection such boilers
have been found to be in a safe condition. A fee of five dollars
shall be charged the owner or lessee o f each boiler inspected by
the inspector of the office o f the State fire marshal, but not more
than the sum of ten dollars shall be collected for the inspection of
any one boiler for any year.
Whenever a certificate of inspection, filed in the office o f the B o i l e r s i n
State fire marshal, shows that a boiler is in need of repairs or is pa^s
re
in an unsafe or dangerous condition, the State fire marshal shall
order such repairs to be made to such boiler as in his judgment
may be necessary and he shall order the use of such boiler to be
discontinued until said repairs are made or said dangerous and
unsafe conditions remedied. Such order shall be served upon the
owner or lessee of such boiler in the manner provided in section
three hundred and fifty-six of this article and any owner or lessee
failing to comply with such order within the time specified in said
section three hundred and fifty-six shall be liable to the penalties
prescribed therein. Nothing contained in this section shall apply
to boilers used for the generation of steam on vessels, railroad
locomotives or fire engines operated by any organized fire depart
ment.
Became a law April 16, 1912.
C hapter
468.— Suits for wages by female employees— Costs—
New York City.
S e c t i o n 1. Section three hundred and forty of chapter five hun
dred and eighty of the laws of nineteen hundred and two, * * *
is hereby amended to read as follow s:
S e c t i o n 340. In an action brought to recover a sum of money for
R ecovery
wages earned by a female employee, other than a domestic serv- costsan t; or for material furnished by such an employee, in the course
of her employment, or in or about the subject matter thereof, or
for both, the plaintiff, if entitled to costs, may, in the discretion o f
the court, be allowed the sum o f ten dollars as costs, in addition
to the costs allowed in this court, unless the amount o f damages
recovered is less than ten dollars; in which case, the plaintiff
may, in the discretion o f the court, be allowed the sum o f five
dollars as such additional costs. When the employee is the
plaintiff in such an action, she is entitled upon a settlement
thereof, to the full amount of costs, which she would have recov
ered, if judgment had been rendered in her favor, for the sum
received by her upon the settlement.
Became a law April 18, 1912.
C hapter
oI
539.—Employment of toomen and children— Hours of
labor.
[This act amends section 77 of the Labor Law by limiting to 54
Nine - h o u r
per week and 9 per day the hours o f labor o f males under 18 day*
and females under 21 years of age, instead o f 60 and 10 respec
tively, as before.
Section 78 is amended so as to read as follow s:]
S e c t i o n 78. 1. A female sixteen years o f age or upwards and a
Work in ex
male between the ages of sixteen and eighteen may be employed hours.0 nin°
in a factory more than nine hours a d a y ; (a) Regularly in not to
176
Canneries,
etc-
BULLETIN OF THE BUREAU OF LABOR.
exceed five days a week, in order to make a short day or holiday
on one o f the six working days o f the week; (b) irregularly in
not to exceed three days a w eek: Provided, That no such person
shall be required or permitted to work more than ten hours in any
one day or more than fifty-four hours in any one week, and that
the provisions o f the preceding section as to notice or time book be
fully complied with.
2. The provisions o f subdivisions two and three o f section
seventy-seven relating to maximum hours shall not apply to the
employment o f women and minors sixteen years o f age and up
wards in canning or preserving perishable products in fruit and
canning establishments between the fifteenth day of June and the
fifteenth day of October each year.
Became a law April 19, 1912.
C hapter
543.—Bureau of industries and immigration.
S e c t i o n 1. Sections one hundred fifty-two, one hundred fiftythree and one hundred fifty-four o f * * * chapter thirty-one
o f the Consolidated Laws, as added by chapter five hundred and
fourteen of the laws o f nineteen hundred and ten, are hereby
amended to read, respectively, as follows:
S p e c i a l inS e c t i o n 152. The commissioner o f labor may appoint from time
v estig a tors.
to time such number o f special investigators and such other as
sistants as may be necessary to carry into effect the powers of the
said bureau herein defined, who may be removed by him at any
time. The special investigators may be divided into two grades.
Each special investigator of the first grade shall receive an annual
salary of fifteen hundred dollars, and each o f the second grade
an annual salary o f twelve hundred dollars.
S cop e o f inS e c . 153. 1. The commissioner o f labor shall have the power to
v estig a tion s.
make full inquiry, examination and investigation into the condi
tion, welfare and industrial opportunities o f all aliens arriving
and being within the State. He shall also have power to collect
information with respect to the need and demand for labor by
the several agricultural, industrial and other productive activities,
including public works throughout the State; to gather informa
tion with respect to the supply o f labor afforded by such aliens
as shall from time to time arrive or be within the State; to
ascertain the occupations for which such aliens shall be best
adapted, and to bring about intercommunication between them
and the several activities requiring labor which will best pro
mote their respective needs; to investigate and determine the
genuineness o f any application for labor that may be received and
the treatment accorded to those for whom employment shall be
secured; to cooperate with the employment and immigration
bureaus conducted under authority o f the Federal Government,
or by the government of any other State, and with public and
philanthropic agencies designed to aid in the distribution and
employment o f labor; and to devise and carry out such other
suitable methods as will tend to prevent or relieve congestion and
obviate unemployment.
C h ildren o f
2. The commissioner of labor shall procure with the consent of
s ch o o l age.
the Federal authorities complete lists giving the names, ages, and
destination within the State o f all alien children o f school age,
and such other facts as will tend to identify them and shall
forthwith deliver copies of such lists to the commissioner o f edu
cation or the several boards of education and school boards in the
respective localities within the State to which said children shall
be destined, to aid in the enforcement o f the provisions of the
education law relative to the compulsory attendance at school
o f children o f school age.
in s tr u c tio n
3. The commissioner of labor shall further cooperate with the
o f a lien s.
commissioner o f education and with the several boards o f educa
tion and school commissioners in the State to ascertain the neces
sity for and the extent to which instruction should be imparted
to aliens within the State; to devise methods for the proper in-
LABOR LEGISLATION OF 1912— NEW YORK.
177
struction o f adult and minor aliens in the English language and
other subjects, and in respect to the duties and rights of citizen
ship and the fundamental principles o f the American system o f
government; and may establish and supervise classes and other
wise further their education.
4. The commissioner o f labor may enter and. inspect all labor L a b o r cam ps,
camps within the State, and. any camp which he may have reason- e m p l o y m e n t
able cause to believe is a labor cam p; and shall inspect all em- agenc ’
*
ployment and contract labor agencies dealing with aliens, or
whenever he may have reasonable cause to believe that such
employment or contract labor agencies deal with aliens; or who
secure or negotiate contracts for their employment within the
State; shall inspect all immigrant lodging places or all places L o d g i n g
where he has reasonable cause to believe that aliens are received, ° JJs e s a nd
lodged, boarded or harbored; shall cooperate with other public
authorities, to enforce all laws applicable to private bankers deal
ing with aliens and laborers; secure information with respect to
crim inals
such aliens who shall be in prisons, almshouses and insane a n d d e fe ctiv e s,
asylums of the State, and who shall be deportable under the laws
o f the United States, and cooperate with the Federal authorities
and with such officials o f the State having jurisdiction over such
criminals, paupers and insane aliens who shall be confined as
aforesaid, so as to facilitate the deportation o f such persons as
shall come within the provisions o f the aforesaid laws o f the
United States, relating to deportation; shall investigate and
inspect institutions established for the temporary shelter and care
o f aliens, and such philanthropic societies as shall be organized
for the purpose o f securing employment for or aiding in the dis
tribution o f aliens, and the methods by which they are conducted.
5. The commissioner o f labor shall investigate conditions pre- P r o t e c t i o n
vailing at the various places where aliens are landed within this o f im m igran ts
State, and at the several docks, ferries, railway stations and on on arr
trains and boats therein, and in cooperation with the proper au
thorities, afford them protection against frauds, crimes and ex
ploitation; shall investigate any and all complaints with respect
to frauds, extortion, incompetency and improper practices by
notaries public, interpreters and other public officials, or by any
other person or by any corporation, whether public or private,
and present to the proper authorities the results of such investi
gation for action thereon; shall investigate and study the general
social conditions o f aliens within this State, for the purpose o f
inducing remedial action by the various agencies o f the State
possessing the requisite jurisdiction; and shall generally, in con
junction with existing public and private agencies, consider and
devise means to promote the welfare o f the State.
S e c . 154. Any investigation, inquiry or hearing which the cominvestigamissioner of labor has power to undertake or to hold may by tio n s a n d hearspecial authorization from the commissioner of labor, be under- “ ‘S8*
taken or held by or before the chief investigator, or any official
whom he may designate, and any decision rendered on such in
vestigation, inquiry or hearing, when approved, and confirmed
by the commissioner and ordered filed in his office, shall be and be
deemed to be the order of the commissioner. All hearings before
the commissioner or chief investigator or official duly designated
therefor shall be governed by rules to be adopted and prescribed
by the commissioner. The commissioner or chief investigator or
official duly designated therefor shall not be bound by technical
rules o f evidence, and shall have the power to subpoena any wit
ness or any person, and to examine all books, contracts, records
and documents of any person or corporation and by subpoena
duces tecum to compel production thereof, and to effect as far as
practicable an amicable settlement or adjustment o f any such
complaint. Such subpoena shall be issued by the commissioner or
chief investigator under the seal o f the department of labor. No
person shall be excused from testifying or from producing any
books or papers on any investigation or inquiry by or upon any
hearing before the commissioner or chief investigator, or official
70244°—Bull. 111—13------12
178
BULLETIN OF THE BUREAU OF LABOR.
duly designated thereof, when ordered to do so, upon the ground
that the testimony or evidence, books or documents required of
him may tend to incriminate him or subject him to a penalty or
forfeiture, but no person shall be prosecuted, punished or sub
jected to any penalty or forfeiture, for or on account o f any act.
transaction, matter or thing, concerning which he shall under oath
have testified or produced documentary evidence: Provided, how
ever, That no person so testifying shall be exempt from prosecu
tion or punishment for any perjury committed by him in his
testimony.
Sec. 2. Section one hundred fifty-six-a of such chapter as added
by chapter eight hundred forty-five o f the laws o f nineteen hun
dred and eleven is hereby renumbered section one hundred fiftysix and amended to read as follows:
[The amendment consists in adding to the last sentence but one
in subdivision 1 , which relates to the number o f boarders and
lodgers received, the words “ as shown in a sworn statement filed
by such applicant in such form as the commissioner of labor shall
prescribe ” ; and in striking out the word “ principally ” in subdi
vision 4, in the definition o f the term “ immigrant lodging place.” ]
Became a law April 19, 1912.
CONCURRENT RESOLUTIONS.
Safety of workmen— Compensation for injuries.
(Page 1382.)
1. Resolved (if the assembly concur), That article one
of the constitution be amended by adding at the end a new section,
to be section nineteen, to read as follow s:
S e c t i o n 1 9 . Nothing contained in this constitution shall be con
strued to limit the power of the legislature to enact laws for the
protection of the lives, health, or safety o f employees; or for the
payment, either by employers, or by employers and employees or
otherwise, either directly or through a State or other system o f insurance or otherwise, of compensation for injuries to employees
or for death of employees resulting from such injuries without
regard to fault as a cause thereof, except where the injury is
occasioned by the willful intention of the injured employee to
bring about the injury or death of himself or of another, or where
the injury results solely from the intoxication of the injured em
ployee while on duty; or for the adjustment, determination and
settlement, with or without trial by jury, o f issues which may
arise under such legislation; or to provide that the right of such
compensation, and the remedy therefor shall be exclusive o f all
other rights and remedies for injuries to employees or for death
resulting from such injuries; or to provide that the amount of
such compensation for death shall not exceed a fixed or determiable sum : Provided. That all moneys paid by an employer to his
employees or their legal representatives, by reason o f the enact
ment o f any o f the laws herein authorized, shall be held to be a
proper charge in the cost of operating the business of the em
ployer.
Sec. 2. Resolved (if the assembly concur), That the foregoing
amendment be referred to the legislature to be chosen at the next
general election of senators and in conformity with section one,
article fourteen of the constitution, be published for three months
previous to the time of such election.
In assembly March 28, 1912.
In senate March 29, 1912.
S e c t io n
S a fe ty la w s.
Compensasystem ,
tion
E xclusive
rem edy.
OHIO.
CONSTITUTION—AMENDMENTS OF 1912.
W ag e a n d
s a fe ty la w s.
A r t i c l e II.—Legislative—Labor legislation.
34. Laws may be passed fixing and regulating the hours
]abor, establishing a minimum wnge. and providing for the
S e c t io n
LABOR LEGISLATION OF 11)12----OHIO.
179
comfort, health, safety and general welfare of all employees; and
110 other provision of the constitution shall impair or limit this
power.
A
r t ic l e
II.—
Legislative—Compensation of workmen for injuries.
S e c t i o n 35. For the purpose of providing compensation to work- . C o m p u ls o r y
men and their dependents, for death, injuries or occupational jjj^irance sys'
disease, occasioned in the course o f such workmen’s employment,
laws may be passed establishing a State fund to be created by
compulsory contribution thereto by employers, and administered
by the State, determining the terms and conditions upon which
payment shall be made therefrom, and taking away any or all
rights o f action or defenses from employees and employers; but no R ig h t o f acright o f action shall be taken away from any employee when the tion .
injury, disease or death arise from failure of the employer to
comply with any lawful requirement for the protection of the lives,
health and safety of employees. Laws may be passed establishing B o a r d o f
a board which may be empowered to classify all occupations, c l a s s i f ic a t i o n ,
according to their degree of hazard, to fix rates of contribution etcto such fund according to such classification, and to collect, ad
minister and distribute such fund, and to determine all rights of
claimants thereto.
A
r t ic l e
II.—
Legislative—Hours of labor onpublic works.
S e c t i o n 3T. Except in cases of extraordinary emergencies, not
Eight-hour
to exceed eight hours shall constitute a day’s work, and not to dayexceed forty-eight hours a week’s work, for workmen engaged on
any public work carried on or aided by the State, or any political
subdivision thereof, whether done by contract, or otherwise.
PHILIPPINE ISLANDS.
ACTS OF 1911-12.
A
ct
No.
2 0 9 8 .—
Contracts of employment— Advances.
S e c t i o n 1 . Any person who, with intent to injure or defraud
his employer, enters into a contract for the performance o f any
act of personal service, and thereby obtains money or other per
sonal property from such employer as a gratuity or advance on
wages to be earned under such contract of employment, and with
out just cause, and without refunding such money or paying for
such property, refuses or fails to perform such act of service, shall
on conviction thereof be punished by a fine o f not more than two
hundred pesos, or imprisonment for not more than six months,
or with both penalties.
Sec. 2. Any person who with intent to injure or defraud his
landlord, enters into a contract in writing for the rent of land,
under an agreement to cultivate such land, and thereby obtains
money or other personal property from such landlord, and with
out just cause, and without refunding such money or paying for
such personal property, refuses or fails to cultivate such land, or
to comply with his contract relative thereto, shall on conviction
be punished by a fine of not more than two hundred pesos, or
imprisonment for not more than six months, or with both pen
alties.
S e c . 3 . Any person who with intent to injure or defraud shall
contract with another to receive from him personal services o f any
kind and to compensate him therefor, and thereafter with like
intent receives the benefit o f such services in whole or in part and
fails or refuses to pay the compensation agreed upon shall upon
conviction thereof be punished by a fine o f not more than two
hundred pesos, or imprisonment for not more than six months,
or with both penalties.
Enacted January 20. 1912.
F a i l u r e to
ren der se rvice ,
to cu ltiv a te
ren ted land,
Topaywages,
180
BULLETIN OF THE BUREAU OF LABOR.
A
ct
N o.
2120.— Compensation for injuries of employees of the
Insular Government, etc.
S e c t i o n 1. Section twenty-five ( d) o f act uumbered sixteen
hundred and ninety-eight, known as the “ Revised civil-service
act ” is hereby amended to read as follows :
P e r i o d of “ S e c t i o n 25 (<?). When an officer or employee in the civil servm?r ^isabiHtv ice’ *nsular 01* provincial, or of the city o f Manila, permanent or
temporary, is wounded or injured in the performance of duty, the
Governor General or proper head of department may direct that
absence during the period o f disability caused by such wound or
injury shall be on full pay for a period not exceeding six months:
Provided: That if the officer or employee is entitled to the vaca
tion leave provided in section twenty-four o f this act, absence for
this reason shall be charged first against such vacation leave:
And provided further, That the Governor General or proper head
of department may, in his discretion, authorize payment of med
ical attendance, necessary transportation, subsistence and hos
pital fees for all insular officers, employees and laborers, and the
municipal board of the city o f Manila may also in its discretion,
authorize the payment o f such expenses for all officers, employees
and laborers o f the city of Manila, whether permanently or tem
porarily appointed, and whatever their rate o f compensation!,] pay,
or wages, who have been wounded or injured in the performance
F a t a l in-of their duty: And provided further, That the Governor General
juries.
01, pr 0per head o f department or the municipal board of the city
o f Manila, as the case may be, may authorize payment o f reason
able burial expenses and o f three months’ salary or wages to the
widow or dependent child or children of any officer, employee or
laborer who is killed or dies from wounds or injuries received
while in line of duty: And provided further, That payments
made under this paragraph shall not be made from the appropria
tion for general purposes when the bureau or office concerned
has an available appropriation for contingent expenses or public
works, as the case may be, from which such payments can be
made, nor shall the provisions o f this section be construed to
cover sickness as distinguished from physical wounds: Provided,
however, That when such sickness is the direct and immediate
result o f the performance of some act in the line o f duty, the
Governor General or proper head of department may in his dis
cretion authorize the payment o f necessary hospital fees.”
Enacted February 1, 1912.
A
ct
N o.
2123.— Compensation for injuries of employees of the
provincial governments.
S e c t i o n 1. The second paragraph of subsection (nn) of section
thirteen of act numbered eighty-three, entitled “ The provincial
government act,” as amended, is hereby further amended to read
as follows:
[It shall be the duty of the provincial board:]
P e r i o d of “ To provide, in its discretion, for the payment from provincial
payment dur- f un(j s 0f their regular compensation during the period o f their
mg disarn lty. disal)iity, not exceeding ninety days, to unclassified employees of
the provincial government, including laborers, when said em
ployees or laborers are injured in the clear line o f duty, the nec
essary expenses of medical attendance, transportation, and hos
pital "fees for such injured employees or laborers, and in case of
F a t a l in- their death from said injuries, their reasonable burial expenses
juries.
and a donation in money to the family o f the deceased employee
or laborer in a sum, not exceeding ninety days’ pay, which shall
be in accord with his efficiency and services to the Government.”
Enacted February 1, 1912.
LABOR LEGISLATION OF 1912----PHILIPPINE ISLANDS.
181
Act No. 2129.—Employment offices—Public registry of workmen.
Section 1 . Municipal councils organized under act numbered Registry aueighty-two, and the townships of Mindoro, Palawan, and Batanes, or ze *
are hereby authorized to establish a general register of mechanics
or day laborers residing in their respective municipalities. Said
register shall be in charge o f the municipal secretary, who shall
keep same in his office and at the disposal o f the public for the
purposes o f this act.
Sec. 2. The municipal treasurer shall, as soon as the municipal Registration,
council shall have so ordered by resolution, carefully ascertain the
trade of each person presenting himself in his office to pay for his
registration certificate or personal cedula, for the purpose of sepa
rating and making a list o f those persons who are mechanics or
day laborers by occupation, and the list made in the manner here
inafter specified shall be turned over to the municipal secretary
for the purpose o f entering the names o f such persons in the regis
ter provided for by this a c t: Provided, That said list shall contain
the name, age, civil status, barrio or sitio o f residence, and trade
o f the person registered, and whether such person is then em
ployed or unemployed: And provided further, That in municipali
ties where there are free labor exchanges or employment agencies
established as provided in section two (e) o f act numbered eight
een hundred and sixty-eight, the duties hereby imposed on the
municipal secretary shall be performed by the superintendent of
said exchanges or agencies.
Sec. 3. The register or registers provided for in the next pre- Register to
ceding section shall be at the disposition o f the public.
open*
Sec. 4. As soon as said mechanics or day laborers shall have Dates of conaccepted the conditions o f a contract and both parties thereto shall entered
have complied with all o f the requirements o f existing laws regu
lating the relations between employers and laborers, the municipal
secretary shall note in the register in his office, by the side of each
name, the date on which such mechanics or day laborers were con
tracted and the name o f the person, contractor, company, or firm
to whom they are to render their services.
Sec. 5. Upon the cancellation or termination of the contract, the T e rm in a tio n
contractor or constractors or employers shall report the fact to the of contractmunicipal secretary, who shall make a note of it under the proper
date by the side of the respective name or names.
Sec. 6 . Nothing herein contained shall be understood to restrict
E m p loy m en t
the liberty of a mechanic or day laborer to seek employment or n o t restricted ,
occupation elsewhere, subject to the provisions o f act numbered
two thousand and ninety-eight, he being obliged only, when he does
so, to report the fact to the municipal secretary for the purpose o f
noting his name in the register: Provided, That no fee shall be
charged for the work o f making the entries, notations, and regis
trations provided for in this act.
Sec. 7. The municipal secretary shall send a report o f current Reports,
transactions or statistics regarding mechanics and day laborers
registered in his office to the bureau of labor, monthly or quarterly,
as may be ordered by the director o f labor.
Enacted February 1, 1912.
PORTO RICO.
REGULAR AND EXTRA SESSIONS—1912.
A ct No. 84.—Bureau of labor.
Section 1. There shall be established, in the office o f the
Bureau esdirector o f labor, charities and correction, a bureau o f labor, tablished.
which shall be under the charge o f the chief o f the bureau o f
.f
labor, who shall be appointed, upon approval o f the governor, by
*
and continue in the service at the pleasure o f the said director
of labor, charities and correction.
182
BULLETIN OF THE BUREAU OF LABOR.
S e c . 2. There shall also be in the bureau of labor an assistant
chief who shall be named by the director of labor, charities and
correction, with the approval of the governor. He shall receive
a. salary o f two thousand dollars a year, and perform such serv
ices as may be required by the chief of bureau o f labor, and shall
act as chief o f the bureau of labor during his absence. The assist
ant chief of the bureau o f labor shall be a man who has made a
study of labor conditions, and is otherwise qualified to perform the
duties of this office.
Salary o f
Sec. 3. The chief of the bureau of labor shall receive a salary
chief.
of two thousand five hundred dollars ($2,500) per annum, pay
able monthly, and his necessary traveling expenses and per diem
while away from his headquarters on official business, and shall
Duties.
collect and collate information ujx>n the subject of labor, its rela
tions to the industries of the country, the hours o f labor, the earn
ings o f laboring men and women, and the means of promoting
their material, social, intellectual and moral welfare; to investi
gate the causes of, and facts relating to, such controversies and
disputes between employers and employees as may come to his
attention, and in general to exercise its good offices for the main
tenance of satisfactory relations between employers and em
ployees; to prepare, collate and publish labor statistics, and issue
such reports and bulletins in reference to general labor conditions
throughout the Island o f Porto Rico as may from time to time be
deemed necessary, and upon the approval of the director of labor,
charities and correction, and to report specifically to the director
of labor, charities and correction, for transmittal to the director
of sanitation, the sanitary conditions of all manufactories, sugar
and industrial concerns in the Island o f Porto Rico in which labor
is employed.
E m p loyees.
S e c . 4 . The director of labor, charities and correction shall ap
point a stenographer at a salary of fourteen hundred dollars
( $ 1 ,4 0 0 ) per annum, payable monthly, and a clerk at a salary of
nine hundred dollars ( $ 9 0 0 ) per annum, payable monthly, for said
bureau of labor, who shall perform such duties as may be required
of them by the chief of the bureau of labor.
A n n u a l reSec. 5. The chief of the bureau of labor shall annually make a
p orts.
report in writing to the director of labor, charities and correction,
which shall be transmitted, through the governor, to the legis
lature, of the information collected and collated by him, and con
taining such recommendations as he may deem calculated to pro
mote the efficiency of the bureau.
AppropriaS e c . 6 . The sum o f nine thousand three hundred dollars ($9,300),
tion .
or so much thereof as may be necessary, be and hereby is appro
priated, out of any moneys in the treasury o f Porto Rico not
otherwise appropriated, for the payment of salaries, contingent
expenses, travel and subsistence, stationery, postage, etc., neces
sary to carry out the provisions of this act.
D i r e c t o r of
Sec. 7. The director of labor, charities and correction, to whom
labor, ch a rities, tuis law refers, will be understood to be the director o f the departand co rre ctio n .
0 f health, charities and correction created by an act en
titled “An act to consolidate the offices of the director o f char
ities, the director o f prisons and the director of health into the
office o f health, charities and corrections,” approved March 10,
1904: Provided, That in the future said department shall be
known as the Department of Labor, Charities and Correction,
and the director o f the same, as the Director of Labor, Charities
and Correction.
Approved March 1 4 . 3 9 1 2 .
A ssistant
c e•
RHODE ISLAND.
ACTS OF 1912.
C h a p te r 795.—Accidents on railways, etc., to be reported.
Immediate
n o tice
re -
q red.
S e c t i o n 49. Every public utility shall, whenever any accident
attended with loss o f human life, or serious injury occurs within
this State, directly or indirectly arising from or connected with
LABOR LEGISLATION OF 1912----RHODE ISLAND.
183
its maintenance or operation, give immediate notice thereof to
the commission. In the event o f any such accident, the commis
sion, if it deem that public interest requires it, shall cause an
investigation to be made forthwith, which investigation shall be In v e st!g a
lseld in the locality of the accident, unless for the greater con^tion*
venience of those concerned, it shall order the investigation to be
held at some other place; and said investigation may be ad
journed from place to place as may be found necessary and con
venient. The commission shall reasonably notify the public
utility of the time and place o f the investigation. The notice
herein required to be given shall not be admitted as evidence or
used for any purpose against such public utility giving such
notice, in any suit, action or proceeding brought for damages
growing out o f any matter mentioned in said notice; nor shall
such notice be admitted as evidence or be used for any purpose
in any criminal proceedings brought against the public- utility giv
ing such notice, or against any o f its officers, agents or employees,
growing out o f any matter mentioned in such notice.
Approved April 17, 1912.
C hapter
814.—Employment of children— Messenger service.
S e c t i o n 1. Chapter 78 o f the general laws * * * is hereby
amended by adding thereto the following sections:
S e c t i o n 32. No person under the age of twenty-one years shall
be employed or permitted or suffered to work as a messenger for
a telegraph, telephone or messenger company in the distribution,
transmission or delivery o f goods or messages before five o’clock
in the morning or after ten o’clock in the evening of any day.
S e c . 33. Any person who either as principal or agent shall
employ, suffer or permit to work any person in violation of the
provisions o f the preceding section shall be deemed guilty o f a
misdemeanor and on conviction shall be punished by a fine o f
not less than twenty dollars, or more than fifty dollars for the
first offense, and for a second offense by a fine o f not less than
fifty dollars, or more than one hundred dollars, or by imprison
ment for not less than ten days, or more than six months, or by
both such fine and imprisonment.
Approved April 26, 1912.
C hapter
Night work,
Violation,
831.— Compensation of workmen for injuries.
A
r t ic l e
I.
ABROGATION OF REMEDIES AND DEFENSES.
S e c t i o n 1. In an action to recover damages for personal injury
D efenses
sustained by accident by an employee arising out of and in the a broga ted ,
course of his employment, or for death resulting from personal
injury so sustained, it shall not be a defense: (a ) That the em
ployee was negligent; (b) That the injury was caused by the
negligence o f a fellow employee; (c ) That the employee has
assumed the risk o f the injury.
S e c . 2. The provisions o f this act shall not apply to actions to
E xem p tion s,
recover damages for personal injuries, or for death resulting from
personal injuries, sustained by employees engaged in domestic
service or agriculture.
S e c . 3. The provisions of this act shall not apply to employers
Small emwho employ five or less workmen or operatives regularly in the ployerssame business, but such employers may, by complying with the
provisions of section 5 of this article become subject to the pro
visions of this act.
Sec. 4. The provisions o f section 1 of this article shall not E ffe ct of elecapply to actions to recover damages for personal injuries, or for p1(^ers y em "
death resulting from personal injuries, sustained by employees of
an employer who has elected to become subject to the provisions
o f this act, as provided in section 5 of this article.
184
BULLETIN OF THE BUREAU OF LABOR.
El ect i on
Sec. 5. Such election on the part of the employer shall be made
by filing with the commissioner of industrial statistics a written
statement to the effect that he accepts the provisions of this act,
and by giving reasonable notice o f such election to his workmen,
by posting and keeping continuously posted copies of such state
ment in conspicuous places about the place where his workmen
are employed, the filing of which statement and the giving of which
notice shall operate to subject such employer to the provisions
T erm .
o f this act and all acts amendatory thereof for the term o f one
year from the date of the filing of such statement, and thereafter,
without further act on his part, for successive terms o f one year,
each, unless such employer shall, at least sixty days prior to the
expiration o f such first or any succeeding year, file with said com
missioner a notice in writing to the effect that he desires to with
draw his election to be subject to the provisions o f this act and
shall give reasonable notice to his workmen as above provided.
Blank forms o f election and withdrawal as herein provided, shall
be furnished by said commissioner.
E le c tio n hy
Sec. 6 . An employee o f an employer who shall have elected to
em ployees.
become subject to the provisions of this act as provided in section
5 of this article shall be held to have waived his right of action
at common law to recover damages for personal injuries, if he
shall not have given his employer at the time o f his contract
of hire notice in writing that he claimed such right, and within
ten days thereafter filed a copy thereof with the commissioner
of industrial statistics, or, if the contract o f hire was made before
the employer so elected, if the employee shall not have given the
said notice and filed the same with said commissioner within ten
days after notice by the employer, as above provided, o f such elec
tion; and such waiver shall continue in force for the term o f
one year, and thereafter without further act on his part, for suc
cessive terms o f one year, each, unless such employee shall at
least sixty days prior to the expiration o f such first or any suc
ceeding year, file with the said commissioner a notice in writing
to the effect that he desires to claim his said right o f action at
common law and wthin ten days thereafter shall give notice
M in ors.
thereof to his employer. A minor working at an age legally per
mitted under the laws o f this State shall be deemed sui juris
for the purpose of this act and no other person shall have any
cause o f action or right to compensation for an injury to such
minor employee except as expressly provided in this act; but if
said minor shall have a parent living or a guardian, such parent
or guardian, as the case may be, may give the notice and file a
copy of the same as herein provided by this section, and such
notice shall bind the minor in the same manner that adult em
ployees are bound under the provisions o f this act. In case no
such notice is given, such minor shall be held to have waived his
right of action at common law to recover damages for personal
W a i v e r of injuries. Any employee, or the parent or guardian o f any minor
c o m m o n - i a w employee, who has given notice to the employer that he claimed
rig h ts.
his right o f action at common law may waive such claim by a
notice in writing which shall take effect five days after the delivery
to the employer or his agent.
R em ed ies exSec. 7. The right to compensation for an injury, and the remedy
elusive.
therefor granted by this act, shall be in lieu of all rights and
remedies as to such injury now existing, either at common law
or otherwise; and such rights and remedies shall not accrue to
employees entitled to compensation under this act while it is in
effect.
A r t i c l e II.
m ade, h ow .
paym ents.
Paym ents
S e c t i o n 1. I f
due, w h en.
0 f common law
an employee who has not given notice of his claim
rights o f action or who has given such notice and
has waived the same, as provided in section 6 o f Article I, receives
a personal injury by accident arising out of and in the course o f
his employment, he shall be paid compensation, as hereinafter
LABOR LEGISLATION OF 1912— RHODE ISLAND.
185
provided, by the employer who shall have elected to become sub
ject to the provisions o f this act.
Sec. 2. No compensation shall be allowed for the injury or death Willful injuof an employee where it is proved that his injury or death washes or intoxioccasioned by his wilful [willful] intention to bring about the in -cat on*
jury or death of himself or o f another, or that the same resulted
from his intoxication while on duty.
Sec. 3. Contingent fees o f attorneys for services under this act A t t o r n e y s ’
shall be subject to the approval o f the superior court.
fees.
S e c . 4. No compensation except as provided by section 12 of
W a itin g
this article shall be paid under this act for any injury which does time*
not incapacitate the employee for a period of at least two weeks
from earning full wages, but, if such incapacity extends beyond
the period of two weeks, compensation shall begin on the fifteenth
day after the injury.
S e c . 5. During the first two weeks after the injury the employer
Medical and
shall furnish reasonable medical and hospital services, and medi- h o s p ita l servcines when they are needed, the amount of the charge for such iceservices to be fixed, in case of the failure of the employer and
employee to agree, by the superior court.
S e c . 6 . I f death results from the injury, the employer shall pay
compensathe dependents o f the employee wholly dependent upon his earn- t io n in ca se o f
ings for support at the time o f his injury a weekly payment equal death*
to one-half his average weekly wages, earnings, or salary, but not
more than ten dollars nor less than four dollars a week, for a
period o f three hundred weeks from the date of the in ju ry: Pro
vided, however, That, if the dependent o f the employee to whom
the compensation shall be payable upon his death is the widow
o f such employee, upon her death the compensation thereafter
payable under this act shall be paid to the child or children o f the
deceased employee, including adopted and stepchildren, under the
age o f eighteen years, or over said age, but physically or mentally
incapacitated from earning, dependent upon the widow at the time
of her death. In case there is more than one child thus depend
ent, the compensation shall be divided equally among them. I f
the employee leaves dependents only partly dependent upon his
earnings for support at the time o f his injury, the employer shall
pay such dependents for a period o f three hundred weeks from
the date of the injury a weekly compensation equal to the same
proportion o f the weekly payments herein provided for the bene
fit o f persons wholly dependent as the amount contributed annu
ally by the employee to such partial dependents bears to the an
nual earnings o f the deceased at the time of injury. When
weekly payments have been made to an injured employee before
his death, the compensation to dependents shall begin from the
date of the last of such payments, but shall not continue more
than three hundred weeks from the date o f the in ju ry: Provided,
however, That, if the deceased leaves no dependents at the time
of the injury, the employer shall not be liable to pay compensa
tion under this act except as specifically provided in section 9 of
this article.
Sec. 7. The following persons shall be conclusively presumed
D epen den ts,
to be wholly dependent for support upon a deceased employee :
(a) A wife upon a husband with whom she lives or upon whom
she is dependent at the time o f his death.
(b) A husband upon a wife with whom he lives or upon whom
he is dependent at the time o f her death.
(c) A child or children, including adopted and stepchildren,
under the age of eighteen years, or over said age, but physically
or mentally incapacitated from earning, upon the parent with
whom he is or they are living or upon whom he or they are
dependent at the time o f the death o f such parent, there being no
surviving dependent parent. In case there is more than one child
thus dependent, the compensation hereunder shall be divided
equally among them.
In all other cases questions o f entire or partial dependency shall
be determined in accordance with the fact as the fact may have
186
BULLETIN OF THE BURTSAU OF LABOR.
been at the time of the injury. In such other cases, if there is
more than one person wholly dependent, the compensation shall
be divided equally among them, and persons partly dependent, if
any, shall receive no part thereof during the period in which com
pensation is paid to persons wholly dependent. If there is no one
wholly dependent and more than one person partly dependent,
the compensation shall be divided among them according to the
relative extent o f their dependency.
P erson s n o t
Sec. 8. No person shall be considered a dependent unless he is a
d ependent.
member of the employee's family or next of kin, wholly or partly
dependent upon the wages, earnings or salary of the employee for
support at the time of the injury.
P erson s w ith
S e c . 9. If the employee dies as a result of the injury leaving
o u t d ependents.
no dependents at the time o f the injury, the employer shall pay, in
addition to any compensation provided for in this act the reason
able expense of his last sickness and burial, which shall not exceed
two hundred dollars.
T o ta l d isa
Sec. 10. While the incapacity for work resulting from the injury
b ility .
is total, the employer shall pay the injured employee a weekly
compensation equal to one-half his average weekly wages, earn
ings, or salary, but not more than ten dollars nor less than four
dollars a week; and in no case shall the period covered by such
compensation be greater than five hundred weeks from the date
o f the injury. In the following cases it shall, for the purposes
o f this section, be conclusively presumed that the injury resulted
in permanent total disability, to w it: The total and irrevocable
loss o f sight in both eyes, the loss o f both feet at or above the
ankle, the loss o f both hands at or above the wrist, the loss o f
one hand and one foot, an injury to the spine, resulting in perma
nent and complete paralysis of the legs or arms, and an injury to
the skull, resulting in incurable imbecility or insanity.
P a rtia l d isa
Sec. 11. While the incapacity for work resulting from the injury
b ility .
is partial, the employer shall pay the injured employee a weekly
compensation equal to one-half the difference between his average
weekly wages, earnings, or salary, before the injury and the aver
age weekly wages, earnings or salary which he is able to earn
thereafter, but not more than ten dollars a w eek; and in no case
shall the period covered by such compensation be greater than
three hundred weeks from the date of the injury.
S pecific
in
S e c . 12. In case o f the following specified injuries the amounts
ju ries.
named in this section shall be paid in addition to all other com
pensation provided for in this act:
(a ) For the loss by severance o f both hands at or above the
wrist, or both feet at or above the ankle, or the loss of one hand
and one foot, or the entire and irrecoverable loss o f the sight of
both eyes, one-half of the average weekly wages, earnings, or sal
ary, of the injured person, but not more than ten dollars nor less
than four dollars a week, for a period o f one hundred weeks.
(b) For the loss by severance o f either hand at or above the
wrist, or either foot at or above the ankle, or the entire and irre
coverable loss o f the sight o f either eye, one-half the average
weekly wages, earnings, or salary o f the injured person, but not
more than ten dollars nor less than four dollars a week, for a
period of fifty weeks.
(c) For the loss by severance at or above the second joint o f
two or more fingers, including thumbs, or toes, one-half the aver
age weekly wages, earnings, or salary of the injured person, but
not more than ten dollars nor less than four dollars a week, for a
period o f twenty-five weeks.
(d) For the loss by severance o f at least one phalange of a
finger, thumb, or toe, one-half the average weekly wages, earnings,
or salary o f the injured person, but not more than ten dollars nor
less than four dollars a week, for a period of twelve weeks.
Wages com Sec. 13. The average weekly wages, earnings, or salary ” of an
puted, how.
injured employee shall be computed as follows:
(a)
I f the injured employee has worked in the same employ
ment in which he was working at the time o f the accident,
“
LABOR LEGISLATION OF 1912----RHODE ISLAND.
187
whether for the same employer or not, during substantially the
whole of the year immediately preceding his injury, his “ average
weekly wages ” shall be three hundred times the average daily
wages, earnings, or salary, which he has earned in such employ
ment during the days when so employed and working the number
of hours constituting a full working-day in such employment,
divided by fifty-two. But where the employee is employed concur
rently by two or more employers, for one of whom he works at
one time and for another o f whom he works at another time, his
“ average weekly wages ” shall be computed as if the wages, earn
ings, or salary received by him from all such employers were
wages, earnings, or salary earned in the employment of the em
ployer for whom he was working at the time o f the accident.
(b) I f the injured employee has not so worked in such employ
ment during substantially the whole o f such immediately preced
ing year, his “ average weekly wages” shall be three hundred
times the average daily wages, earnings, or salary which an em
ployee of the same class working substantially the whole o f such
immediately preceding year in the same or a similar employment,
in the same or a neighboring place, has earned in such employ
ment during the days when so employed and working the number
of hours constituting a full working-day in such employment
divided by fifty-two.
(c) In cases where the foregoing methods of arriving at the
“ average weekly wages, earnings, or salary ” o f the injured em
ployee cannot reasonably and fairly be applied, such “ average
weekly wages, earnings, or salary ” shall be taken at such sum as,
having regard to the previous wages, earnings or salary o f the
injured employee, and of other employees of the same or most
similar class, working in the same or most similar employ
ment in the same or a neighboring locality, shall reasonably repre
sent the weekly earning capacity o f the injured employee at the
time of the accident in the employment in which he was working
at such time.
(d) Where the employer has been accustomed to pay to the
employee a sum to cover any special expense incurred by said em
ployee by the nature o f his employment, the sum so paid shall not
be reckoned as part o f the employee’s wages, earnings or salary.
(e) The fact that an employee has suffered a previous injury, E f f e c t of
or received compensation therefor, shall not preclude compensa- prior in ju ries,
tion for a later injury or for death; but in determining the com
pensation for the later injury or death, his “ average weekly
wages ” shall be such sum as will reasonably represent his weekly
earning capacity at the time of the later injury, in the employ
ment in which he was working at such time, and shall be arrived
at according to, and subject to the limitations of, the previous
provisions o f this section.
S e c . 14. No savings or insurance of the injured employee, indeInsurance,
pendent of this act, shall be taken into consideration in determin-e tc., n o t to be
ing the compensation to be paid hereunder, nor shall benefits de- con sid ered ,
rived from any other source than the employer be considered in
fixing the compensation under this act.
S e c . 15. The compensation payable under this act in case o f the
P a ym en ts to
death of the injured employee shall be paid to his legal repre- k® “ a d e to
sentatives; or, if he has no legal representative, to his dependents
entitled thereto, or, if he leaves no such dependents, to the person
to whom the expenses for the burial and last sickness are due.
I f the payment is made to the legal representative of the de
ceased employee, it shall be paid by him to the dependents or other
persons entitled thereto under this act. All payments of compensa
tion under this act shall cease upon the death of the employee
from a cause other than or not induced by the injury for which he
is receiving compensation.
S e c . 16. In case an injured employee is mentally incompetent,
in co m p e te n t
or, where death results from the injury, in case any o f his beneficiaries,
dependents entitled to compensation hereunder are mentally in
competent or minors at the time when any right, privilege or elec
188
BULLETIN OP THE BUREAU OF LABOR.
tion accrues to him or them under this act, his conservator,
guardian, or next friend may, in his behalf, claim and exercise
such right, privilege, or election, and no limitation o f time in this
act provided shall run so long as such incompetent or minor has
no conservator or guardian.
S e c . 17. No proceedings for compensation for an injury under
N otice.
this act shall be maintained unless a notice o f the injury shall
have been given to the employer within thirty days after the
happening thereof; and unless the claim for compensation with
respect to such injury shall have been made within one year
C laim .
after the occurrence of the same, or, in case o f the death o f the
employee, or in the event o f his physical or mental incapacity,
within one year after death or the removal of such physical or
mental incapacity.
F orm o f n o
Sec. 18. Such notice shall be in writing and shall state in
tice.
ordinary language the nature, time, place and cause of the
injury, and the name and address o f the person injured and shall
be signed by the person injured, or by a person in his behalf, or,
in the event o f his death, by his legal representative, or by a
dependent, or by a person in behalf o f either.
S ervice.
Sec. 19. Such notice shall be served upon the employer, or upon
one employer, if there are more employers than one, if the em
ployer is a corporation, upon any officer or agent upon whom
process may be served, by delivering the same to the person on
whom it is to be served, or by leaving it at his last known
residence or place of business, or by sending it by registered mail
addressed to the person to be served, or, in the case o f a corpo
ration, to the corporation itself, at his or its last known residence
or place o f business; and such mailing o f the notice shall consti
tute completed service.
Q uestions
S e c . 20. A notice given under the provisions o f this act shall
in v a lid ity .
not be held invalid or insufficient by reason of any inaccuracy
in stating the nature, time, place or cause o f the injury, or the
name and address o f the person injured, unless it is shown that
it was the intention to mislead and the employer was in fact
misled thereby. Want o f notice shall not be a bar to the pro
ceedings under this act, if it be shown that the employer or his
agent had knowledge o f the injury, or that failure to give such
notice was due to accident, mistake or unforeseen cause.
S e c . 21. The employee shall, after an injury, at reasonable
M ed ica l e x
am in ation s.
times during the continuance of his disability, if so requested by
his employer, submit himself to an examination by a physician
or surgeon authorized to practice medicine under the laws of the
State, furnished and paid for by the employer. The employee
shall have the right to have a physician, provided and paid for
by himself, present at such examination.
Any justice o f the superior court may, at any time after an
E xam in ers.
injury, on the petition of the employer or employee, appoint a
competent and impartial physician or surgeon to act as a medical
examiner, and the reasonable fees o f such medical examiner as
fixed by the justice appointing him shall be paid by the party
moving for such appointment.
Such medical examiner being first duly sworn to the faithful
performance o f his duties before the justice appointing him or
clerk of the court shall thereupon, and as often as necessary,
examine such injured employee in order to determine the nature,
extent, and probable duration o f the injury. Such medical ex
aminer shall file a report o f every examination made o f such
employee in the office of the clerk of the superior court having
jurisdiction o f the matter as provided in section 16 o f Article III
o f this act, and such report shall be produced in evidence in any
hearing or proceeding to determine the amount of compensation
due such employee under the provisions o f this act. I f such em
ployee refuses to submit himself for any examination provided
for in this act, or in any way obstructs any such examination, his
rights to compensation shall be suspended and his compensation
during such period o f suspension may be forfeited.
LABOR LEGISLATION OF 1912----RHODE ISLAND.
189
S e c . 22. No agreement by an employee, except as provided in
W a iv e rs.
Article IV, to waive his rights to compensation under this act shall
be valid.
Sec. 23. No claims for compensation under this act, or under Assignments,
any alternative scheme permitted by Article IV o f this act, shall
be assignable, or subject to attachment, or liable in any way for
any debts.
S e c . 24. The claim for compensation under this act, or under
C laim s preany alternative scheme permitted by Article IV of this act, and ferred.
any decree on any such claim, shall be entitled to a preference
over the unsecured debts of the employer hereafter contracted to
the same amount as the wages o f labor are now preferred by the
laws of this State; but nothing herein shall be construed as im
pairing any lien which the employee may have acquired.
S e c . 25. In case payments have continued for not less than six
Lump-sum
months either party may, upon due notice to the other party, payments*
petition the superior court for an order commuting the future
payments to a lump sum. Such petition shall be considered by
the superior court and may be summarily granted where it is
shown to the satisfaction o f the court that the payment of a lump
sum in lieu o f future weekly payments will be for the best interest
o f the person or persons receiving or dependent upon such com
pensation, or that the continuance o f weekly payments will, as
compared with lump-sum payments, entail undue expense or un
due hardship upon the employer liable therefor, or that the per
son entitled to compensation has removed or is about to remove
from the United States. Where the commutation is ordered the
superior court shall fix the lump sum to be paid at an amount
which will equal the total sum of the probable future payments,
capitalized at their present value upon the basis o f interest cal
culated at five per centum per annum with annual rests. Upon
paying such amount the employer shall be discharged from all
further liability on account of the injury or death, and be entitled
to a duly executed release, upon filing which, or other due proof
of payment, the liability of such employer under any agreement,
award, findings, or decree shall be discharged of record.
A r t ic le
III.
procedure.
1. I f the employer and the employee reach an agree- A g r e e m e n t s
nient in regard to compensation under this act, a memorandum pioy^^and^mof such agreement signed by the parties shall be filed in the office p io y e e s.
of the clerk of the superior court having jurisdiction o f the mat
ter as provided in section 16 of this article. The clerk shall forth
with docket the same in a book kept for that purpose, and shall
thereupon present said agreement to a justice of the superior
court, and when approved by the justice the agreement shall be
enforceable by said superior court by any suitable process, in- E n fo rce m e n t,
eluding executions against goods, chattels and real estate, and in
cluding proceedings for contempt for wilful [willful] failure or
neglect to obey the provisions o f said agreement. No appeal shall
lie from the agreement thus approved unless upon allegation that
such agreement had been procured by fraud or coercion. Such
agreement shall be approved by the justice only when its terms
conform to the provisions of this act.
When death has resulted from the injury and the dependents
of the deceased employee entitled to compensation are, or the ap
portionment thereof among them is, in dispute, such agreement
may relate only to the amount o f compensation.
Sec. 2. I f the employer and employee fail to reach an agree- Reference to
ment in regard to compensation under this act, either employer co *
or employee, and when death has resulted from the injury and
the dependents of the deceased employee entitled to compensation
are, or the apportionment thereof among them is, in dispute, any
person in interest may file in the office of the clerk o f the superior
S e c t io n
190
BULLETIN OJj’ THE BUREAU' 01' LABOR.
court having jurisdiction o f the matter as provided in section 16
of this article, a petition in the nature of a petition in equity set
ting forth the names and residences of the parties, the facts re
lating to employment at the time o f the injury, the cause, extent
and character o f the injury, the amount o f wages, earnings, or
salary received at the time of the injury, and the knowledge of
the employer or notice of the occurrence o f the injury, and such
other facts as may be necessary and proper for the information
of the court, and shall state the matter in dispute and the claims
of the petitioner with reference thereto.
N otice to re
Sec. 3. Within four days after the filing of the petition, a copy
spon dent.
thereof, attested by the petitioner or his attorney, shall be served
upon the respondent in the same manner as a writ of summons
in a civil action.
S e c . 4. Within ten days after the filing o f the petition, the re
A nsw er.
spondent shall file an answer to said petition, together with a copy
thereof for the use o f the petitioner, which shall state the claims
of the respondent with reference to the matter in dispute as dis
closed by the petition. No pleadings other than petition and
answer shall be required to bring the cause to a hearing for final
determination. The superior court may grant further time for
filing the answer and allow amendments of said petition and
answer at any stage o f the proceedings. I f the respondent does
not file an answer, the cause shall proceed without formal default
In fa n ts, etc. or decree pro c-onfesso. I f the respondent be an infant or person
under disability, the superior court shall appoint a guardian ad
litem for such infant or person under disability. Such guardian
ad litem may be appointed on any court day after service of the
copy referred to in section 3 o f this article, upon motion o f any
party after notice given as required for motions made in the
superior court, and opportunity to said infant or person under
disability to be heard in regard to the choice o f such guardian ad
litem. The guardian ad litem so appointed shall file the answer
required by this section.
S e c . 5. The petition shall be in order for assignment for hearing
H earing.
on the motion day which occurs next after fifteen days from the
filing o f the petition. Upon the days upon which said petition
shall be in order for hearing it shall take precedence of other
cases upon the calendar, except cases for tenements let or held at
will or by sufferance.
S e c . 6 . The justice to whom said petition shall be referred by
D ecision .
the court shall hear such witnesses as may be presented by each
party, and in a summary manner decide the merits o f the con
troversy. His decision shall be filed in writing with the clerk,
and a decree shall be entered thereon. Such decree shall be
enforceable by said superior court by any suitable process, includ
ing executions against goods, chattels and real estate, and includ
ing proceedings for contempt for wilful [willful] failure or neglect
to obey the provisions of said decree. Such decree shall contain
findings of fact, which, in the absence o f fraud, shall be conclusive.
The superior court may award as costs the actual expenditures, or
such part thereof as to the court shall seem meet, but not includ
ing counsel fees, and shall include such costs in its decree. The
superior court may refuse to award costs, and no costs shall be
awarded against an infant or person under disability or against
a guardian ad litem.
Appeals.
Sec. 7. Any person aggrieved by the final decree of the superior
court under this act may appeal to the supreme court upon any
question of law or equity decided adversely to the appellant by
said final decree or by any proceeding or ruling prior thereto
appearing of record, the appellant having first had his objections
noted to any adverse rulings made during the progress of the
trial at the time such rulings were made, if made in open court
and not otherwise of record.
The appellant shall take the following steps:
(a )
Within ten days after entry of said final decree he shall
file a claim of appeal and, if a transcript of the testimony and
rulings or any part thereof be desired, a written request therefor.
LABOR LEGISLATION OF 1912----RHODE ISLAND.
191
(b)
Within such time as the justice of the superior court who
heard the petition, or, in case of his inability to act from any
cause within such time as any other justice thereof shall fix,
whether by original fixing of the time, or by extension thereof, or
by a new fixing after any expiration thereof, the appellant shall
file reasons of appeal stating specifically all the questions of law
or equity decided adversely to him which he desires to include in
his reasons o f appeal, together with a transcript of as much o f the
testimony and rulings as may be required. The supreme court
may allow amendments of said reasons of appeal. Upon the
filing of said reasons o f appeal and transcript, the clerk o f the
superior court shall present the transcript to the justice who
heard the cause for allowance. The justice after hearing and
examination, shall restore the transcript to the files o f the clerk
with a certificate o f his action thereon made within twenty days
after filing the transcript, unless the twentieth day shall fall in
vacation; in which event the certificate may be filed at any time
before the first Monday in the following month o f October.
If the transcript be not allowed by the justice who heard tho
cause within the time prescribed, or objection to his allowance
be made by any party, the correctness o f the transcript may be
determined by the supreme court by petition filed within thirty
days after filing the transcript, unless the thirtieth day shall fall
in vacation, in which event the correctness o f the transcript may
be determined by petition, filed on or before the tenth day after
the first Monday in the following month o f October. In all other
respects than in time o f filing the same course shall be followed
as provided in section 2 1 o f chapter 2 9 8 o f the General Laws for
establishing the truth o f exceptions.
S e c . 8 . Upon the restoration o f the transcript to the files, or, if
C ertifica tion
there be no transcript, then upon the filing of the reasons o f o f cause,
appeal, the clerk o f the superior court shall certify the cause and
all papers to the supreme court.
S e c . 9 . The claim o f an appeal shall suspend the operation of
E ffe ct o f apthe decree appealed from, but, in case of default in taking the Pealprocedure required, such suspension shall cease, and the superior
court upon motion o f any party shall proceed as if no claim of
appeal had been made, unless it be made to appear to the superior
court that the default no longer exists.
Sec. 10. Any court day in the supreme court shall be a motion M o tio n day.
day for the purpose of hearing a motion to assign the appeal for
hearing.
S e c . 1 1 . The supreme court after hearing any appeal shall deterP ow er of
mine the same, and affirm, reverse or modify the decree appealed suprem e cou rt,
from, and may itself take, or cause to be taken by the superior
court, such further proceedings as shall seem just. I f a new de
cree shall be necessary, it shall be framed by the supreme court
for entry by the superior court. Thereupon the cause shall be
remanded to the superior court for such further proceedings as
shall be required.
S e c . 1 2 . No process for the execution o f a final decree of the
E xe cu tio n ,
superior court from which an appeal may be taken shall issue
until the expiration o f ten days after the entry thereof, unless all
parties against whom such decree is made waive an appeal by a
writing filed with the clerk or by causing an entry thereof to be
made on the docket.
S e c . 1 3 . If, in the course o f the proceedings in any cause, any
Q uestions
question o f law shall arise which in the opinion o f the superior {^ ay toe certicourt is o f such doubt and importance, and so affects the merits of
the controversy, that it ought to be determined by the supreme
court before further proceedings, the superior court may certify
such question to the supreme court for that purpose, and stay all
further proceedings except such as are necessary to preserve the
rights o f the parties.
S e c . 1 4 . At any time before the expiration of two years from
Review of
the date of the approval of an agreement, or the entry of a decree a g r e e m e n t s ,
fixing compensation, but not afterwards, and before the expira
192
BULLETIN OF THE BUREAU OF LABOR.
tion of the period for which compensation has been fixed by such
agreement or decree, but not afterwards, any agreement, award,
findings, or decree may be from time to time reviewed by the
superior court upon the application o f either party, after due
notice to the other party, upon the ground that the incapacity of
the injured employee has subsequently ended, increased, or dimin
ished. Upon such review the court may increase, diminish, or dis
continue the compensation from the date o f the application for
review, in accordance with the facts, or make such other order
as the justice o f the case may require, but shall order no change
o f the status existing prior to the application for review. The
finding o f the court upon such review shall be served on the par
ties and filed with the clerk o f the court having jurisdiction, in
like time and manner and subject to like disposition as in the case
o f original decrees: Provided, That an agreement for compensation
may be modified at any time by a subsequent agreement between
the parties approved by the superior court in the same manner
as original agreements in regard to compensation are required to
be approved by the provisions o f section 1 o f Article III of this a ct
Sec. 15. The superior court shall prescribe forms and make
F orm s as t o
p roced u re.
suitable orders as to procedure adapted to secure a speedy, effi
cient and inexpensive disposition o f all proceedings under this
a ct; and in making such orders said court shall not be bound by
the provisions o f the General Laws relating to practice. In the
absence o f such orders, special orders shall be made in each case.
P la ce o f a c
Sec. 16. Proceedings shall be brought either in the county where
tion .
the accident occurred or in the county where the employer or
employee lives or has a usual place o f business. The court
where any proceeding is brought shall have power to grant a
change o f venue.
D e a t h no
Sec. 17. No proceedings under this act shall abate because of
c a u s e f o r the death of the petitioner, but may be prosecuted by his legal
abatem ent.
representative or by any person entitled to compensation by
reason of said death, under the provisions of this act.
L im ita tion .
Sec. 18. An employee’s claim for compensation under this act
shall be barred unless an agreement or a petition, as provided in
this article, shall be filed within two years after the occurrence
of the injury, or, in case of the death of the employee, or, in the
event of his physical or mental incapacity, within two years after
the# death of the employee or the removal of such physical or
mental incapacity.
Sec. 19. I f an employee receiving a weekly payment under this
P a ym en ts to
non resid en ts.
act shall cease to reside in the State, or, if his residence at the
time o f the accident is in an adjoining State, the superior court,
upon the application of either party, may, in its discretion, hav
ing regard to the welfare o f the employee and the convenience o f
the employer, order such payment to be made monthly or quar
terly instead o f weekly.
Sec. 20. All questions arising under this act, if not settled by
S e t t le m e n t
o f d i s a gree- agreement o f the parties interested therein, shall, except as other
m ents.
wise herein provided, be determined by the superior court
I n j u r ies
Sec. 21. Where the injury for which compensation is payable
caused
by
th ird p ersons. under this act was caused under circumstances creating a legal
liability in some person other than the employer to pay damages
in respect thereof, the employee may take proceedings both
against that person to recover damages and against any person
liable to pay compensation under this act for such compensation,
but shall not be entitled to receive both damages and compensa
tion ; and if the employee has been paid compensation under this
act, the person by whom the compensation was paid shall be
entitled to indemnity from the person so liable to pay damages
as aforesaid, and, to the extent of such indemnity, shall be
subrogated to the rights of the employee to recover damages
therefor.
193
LABOR LEGISLATION OF 1912— RHODE ISLAND.
A
a l t e r n a t iv e
r t ic l e
IV.
sc h em es
p e r m it t e d .
S e c t i o n 1. Any employer may enter into an agreement with, his
Insurance,
employees in any employment to which this act applies to provide
, S(substf
a scheme of compensation, benefit, or insurance, in lieu of the tuted.
compensation provided for in this act, subject to the approval of
the superior court. Such approval shall be granted only on con
dition that the scheme proposed provides as great benefits as those
provided by this a c t; and, if the scheme provides for contributions
by employees, it shall confer additional benefits at least equivalent
to these contributions. I f such a scheme meets wtih the approval
of said court, the clerk shall issue a certificate enabling the
employer to contract with any or all o f his employees in employ
ments to which this act applies to substitute such scheme for
the provisions o f this act for a period o f not more than five
years.
Sec. 2. No scheme which provides for contributing by em- W h a t the
ployees shall be so certified which does not contain suitable promust
visions for the equitable distribution o f any money or securities
held for the purpose of the scheme, after due provision has been
made to discharge the liabilities already incurred, if and when
such certificate is revoked or the scheme otherwise terminated.
S ec. 3. If at any time the scheme no longer fulfills the requireRe vo cation
ments of this article, or is not fairly administered, or any other of certificates,
valid and substantial reason therefor exists, the superior court, on
reasonable notice to the interested parties, shall revoke the cer
tificate and the scheme shall thereby be terminated.
A
r t ic l e
m is c e l l a n e o u s
V.
p r o v is io n s .
1. In this act, unless the context otherwise requires:
(a) “ Employer” includes any person, copartnership, corpora
tion or voluntary association, and the legal representative o f a
deceased employer.
(b) “ Employee” means any person who has entered into the
employment of, or works under contract o f service or apprentice
ship with, an employer, and whose remuneration does not exceed
eighteen hundred dollars a year. It does not include a person
whose employment is of a casual nature, and who is employed
otherwise than for the purpose o f the employer’s trade or busi
ness. Any reference to an employee who has been injured shall,
where the employee is dead, include a reference to his dependents
as hereinbefore defined, or to his legal representative, or, where
he is a minor, or incompetent, to his conservator or guardian.
Sec. 2. Nothing in this act shall affect the liability o f the employer to a fine or penalty under any other statute.
Sec. 3. The provisions of this act shall not apply to injuries
sustained, or accidents which occur, prior to the taking effect
hereof.
Sec. 4. I f any section of this act shall be declared unconstitutional or invalid, such unconstitutionality or invalidity shall in
no way affect the validity of any other portion thereof which can
be given reasonable effect without the part so declared unconsti
tutional or invalid.
Sec. 5. In all cases where an employer and employee shall have
elected to become subject to the provisions o f this act, the provisions o f section 14 of chapter 283 of the General Laws [giving a
right to sue for damages for death by wrongful act], shall not
apply while this act is in effect.
S e c t io n
Sec. 6. All acts and parts of acts inconsistent herewith are
hereby repealed.
Sec. 7. This act may be cited as “ Workmen’s Compensation
Act.”
70244°—Bull. 111—13------ 13
Definitions.
other
utes.
prior
dents,
statacci-
sections to
be construed
seParatelyAction f o r
death not allowed*
Repeal,
Title,
194
A ct
BULLETIN OF THE BUREAU OF LABOR.
in effect.
S e c . 8 . This act shall take effect 011 the first da3- of October,
nineteen hundred and twelve.
Approved April 29, 1912.
SOUTH CAROLINA.
ACTS OF 1912.
A
R elief
partm en ts.
ct
No. 300.— Sickness and death benefits for employees.
S e c t i o n 1. An act entitled “An act to establish the insurance
department of South Carolina, and to provide for the conduct of
the same,” approved February 24th, 1908, [Act No. 434], is hereby
a mended by adding thereto sections to be known as section * * *
2 1 , * * * as follows;
de- Section 21. Any corporation doing business in this State and de
firing to provide sick, accident and death benefits for its em
ployees may be licensed so to do upon the payment to the insur-<
ance commissioner o f insurance department license fees as fol
lows : Those doing business in one county only, $10; in not more
than two counties, $25; in more than two counties, $50: Provided,
further, That purely mutual associations doing business in only
one county, whose gross income does not exceed $500.00, may be
licensed upon payment o f an annual fee of five dollars.
Presented to the governor the 9th day o f February, 1912.
A
ct
No. 327.— Sunday labor—Rurming freight trains.
S e c t i o n 1 . Section 2122 of the Code o f Laws of South Carolina.
1902, Volume I, * * * is amended * * * so that said sec
tion, when so amended, shall read as follows :
W h a t tra in s
Section 2122. Said corporations or persons may run 011 Sunday
m ay he run on trains laden exclusively with vegetables and fruits; and on said
n ay.
day, in any and every month, their regular mail trains and such
construction trains as may be rendered necessary by extraordinary
emergencies other than those incident to freight or passenger
traffic, and such freight trains as may be in transit which can
reach their destination by six o’clock in the forenoon: Provided,
That the railroad commissioners shall have the power (upon
proper application made to them for the purpose by the officers of
the church 01* religious denominations in charge o f the place where
such services are to be held) to authorize and permit the running
of trains on any Sunday in the year for the transporting o f pas
sengers to and from religious services: Provided, The application
for the permit and the authority granted must both be in writing
and made a part o f the records of said railroad commissioners:
Provided, That solid trains made up of through freight cars reach*
ing on Sunday any point upon any railroad in South Carolina
and destined for some point or points beyond the limits o f the
State of South Carolina, may be continued as a solid through
freight train along the line of said railroad through the State of
South Carolina, without stopping said train for any other purpose
than to take on fuel and receive necessary running orders and to
change engines and cabooses.
Presented to the governor the 16th day of February, A. D. 1912.
A
N am e o f dep a rtm en t.
ct
No. 346.—Department of agriculture, commerce, and industries.
S e c t i o n 1. An act entitled ‘*An act to establish a department of
agriculture, commerce and immigration, and to provide for the
appointment and compensation of a commissioner,” approved the
23rd day o f February, A. D. 1904, * * * is hereby, amended
* * * so that the title, when so amended, shall read as follow s:
An act to establish a department of agriculture, commerce, and
industries, and to provide for the election and compensation of a
commissioner.
195
LABOR LEGISLATION OF 1912----SOUTH CAROLINA.
Sec. 2. Section 2 of said act * * * is hereby stricken out
1n its entirety, and the following, to be known and designated as
section 2, substituted in lieu thereof:
Section 2. The chief officer o f the said department of agricul
ture, commerce and industries shall be denominated the Commis
sioner o f Agriculture, Commerce and Industries. The said com
missioner shall have the qualifications of a competent knowledge of
agriculture, manufacturing and general industries, commerce,
chemistry and publicity, and shall be elected, immediately upon
the approval of this act, by the qualified electors in the general
election now provided by law for the election of State officers of
the State government, for a term o f two years, and each succeed
ing two years thereafter beginning on the first day o f January,
1913. In case a vacancy should occur the governor shall appoint,
for the unexpired term. The commissioner shall be empowered to
appoint a competent clerk, whose qualifications shall be in the
main the same as those required o f the commissioner.
Approved the 23rd day o f February, A. D. 1912.
Act
N o.
C o mmi e sion er.
.—Employment of children—Messenger service.
405
A g e lim it.
S e c t i o n 1. In cities o f five thousand inhabitants and over no
child under fourteen years o f age shall be employed, permitted or
suffered to work as a messenger for any telegraph, telephone or
messenger company in the distribution or delivery o f goods or
messages, nor shall any minor child or person under eighteen years N ig h t w ork .
o f age be so employed, permitted or suffered to work before five
o’clock in the morning or after ten o’clock in the evening any day.
Sec. 2. It shall be the duty of the commissioner o f agriculture, E n fo rce m e n t.
commerce and industries to see that the provisions o f this act
are complied with. He, his agents or inspectors, shall have the
right at any and all times to enter all buildings and parts thereof
which are subject to the provisions o f this act and make investi
gations as to the employment o f children. He, his agents or
inspectors, are also authorized to institute prosecutions for viola
tions of the provisions o f this act.
In te rfe re n ce
Sec. 3. Every person, firm or corporation who shall willfully
impede the commissioner, his agents, or inspectors in the free with. en fo rce and full performance o f his duties shall be guilty o f a misde- m
meanor, and, upon conviction o f the same, shall be fined not less
than ten nor more than fifty dollars, or be imprisoned not less than
ten nor more than thirty days, in the discretion o f the court.
Sec.4. The commissioner shall have power to send for persons P o w e r o f
or papers whenever in his opinion it is necessary, and he may com m ission er,
examine witnesses under oath, being duly qualified to administer
the same in the performance of his duty, and the testimony so
taken must be filed and preserved in the office o f the commissioner.
Sec. 5. Any owner, superintendent, manager or overseer of any v io la tio n s by
telegraph, telephone or messenger company, or office, of any em p loy ers,
theater, concert hall or place of amusement or any other person
thereof or connected therewith, who shall knowingly employ any
child or person contrary to the provisions of this act shall be
guilty of a misdemeanor, and for every offense shall, upon convic
tion thereof, be fined not les [less] than ten nor more than fifty
dollars, or be imprisoned not longer than thirty days, in the dis
cretion of the court.
Sec. 6 . Any parent, guardian or other person having under his By parents,
or her control any child who covenants, suffers or permits the
employment of his or her child or ward under the age above pro
vided, or who knowingly or willfully misrepresents the age o f such
child or ward to any o f the persons named in section 2 of this act,
in order to obtain employment for such child or ward, shall be
deemed guilty of a misdemeanor, and for every such offense shall,
upon conviction thereof, be fined not less than ten dollars nor more
than fifty dollars, or be imprisoned not longer than thirty days,
in the discretion of the court.
Presented to the governor the 17th day o f February, A. D. 1012.
196
BULLETIN OF THE BUREAU OF LABOR.
A
W h o to g iv e
n otice.
V io la tio n s.
ct
N o.
424.—Employment of labor— Notice of suspension of tvorJc.
S e c t i o n 1. All employers o f labor in this State, requiring notice
from any employee, o f the time such employee will quit work,
shall give notice to its employees, of its purpose to quit work, or
shut down, by posting a printed notice stating the date o f the
beginning o f the shutdown or cessation from work, and the ap
proximate length o f time the continuous shutdown is to continue,
in each room of its building; not less than two weeks or the same
time as is required o f employees before so stopping work, or shut
ting down, o f its purpose to stop work or shut down: Provided,
That they are not required to do so by reason of some unforeseen
accident to machinery, or by some act of God or of the public
enemy.
S e c . 2. Any employer o f labor subject to the provisions' o f this
act failing to post such notice in the manner herein provided,
shall be subject to a fine o f not exceeding five thousand dollars,
upon conviction; and in addition thereto shall be liable to each
and every one of its employees, for such damages as each and
every one of its employees may suffer by failure to give such
notice.
Approved the 23rd day o f February, A. D. 1912.
A
ct
N o.
452.—Railroads— Headlights on locomotives.
Headlights S e c t i o n 1. Every company, lessee, manger [manager] or re
required.
ceiver owning or operating a railroad in this State, is hereby
required to equip and maintain and use upon every and each loco
motive being operated in railroad service in this State, headlights
o f at least ten thousand ( 10 ,000 ) candlepower, measured with
the aid of a reflector, or with a headlight that will enable a man
o f normal vision to see a man at eight hundred (800) feet from
the locomotive, under normal conditions: Provided, That this act
shall not apply to locomotive engines regularly used in switching
cars or trains: And provided, further, That this act shall not ap
ply to locomotive engines used exclusively between sunup and
sundown, nor going to or returning from repair shops when
ordered in for repairs: And provided, further, That it shall not
apply to a case where the headlight of an engine has failed after
starting on a trip and can not be repaired on the line, nor another
engine furnished, but such engine may continue on its trip or to
such point as it is practicable to furnish a new engine or to repair
the said light.
T im e fo r
S e c . 2. Each said person, partnership, companies or receivers
com p lia n ce.
who are affected by this law, shall, within one year, eouip onefourth o f their respective engines in accordance with this act, and
shall each year thereafter equip one-fourth of said locomotives
until the entire number is so equipped: Provided, That all locomo
tives hereafter equipped by the persons or corporations, receivers
or partnerships affected hereby, shall be equipped in accordance
herewith.
Violations.
Sec. 3. Any railroad company, or the receiver or lessee thereof,
doing business in the State of South Carolina, which shall violate
the provisions o f this act, shall be liable to the State of South
Carolina for a penalty of not less than one hundred dollars nor
more than one thousand dollars, for each offense, and such pen
alty be recovered and suit brought in the name o f the State of
South Carolina in any court o f competent jurisdiction, in any
county in, or through which line of railroad may run, by the
attorney general or any circuit solicitor.
A p p lication Sec. 4. All acts and parts of acts in conflict herewith are hereby
or law.
repealed.
This act shall not apply to railways or railroads less than sixty
(60) miles in length.
Approved the 2nd day of February, A. D. 1912.
LABOR LEGISLATION OF 1912— VIRGINIA.
197
VIRGINIA.
ACTS OF 1912.
C hapter
62.—Inspection and regulation of factories, etc.— Sani
tary arrangements.
[Tliis chapter amends section 1 o f chapter 14. Acts of 1910, so
as to read as follow s:]
S e c t i o n 1. Every factory in which five or more persons are
V e n t ila t io n
employed, and every factory, workshop, mercantile or o th e r a n d s a n ita tio n ,
establishment or office, in which two or more children, under
eighteen years o f age. or women, are employed, shall be kept clean
and free from effluvia arising from any drain, privy or nuisance,
and shall be provided with a sufficient number o f water-closets,
earth closets or privies, and reasonable access shall be afforded
thereto; and whenever one or more males and one or more females
are employed together, a sufficient number o f separate waterclosets, earth closets or privies shall be provided for the use o f
each sex, and plainly designated; and no person shall be allowed
to use a closet or privy which is provided for persons o f the
other sex: Provided, In buildings used exclusively for offices the
provisions o f this section shall not apply, if separate toilets are
within convenient access, in the buildings wherein the offices are
located.
Approved February 29, 1912.
C hapter
106.—Payment of icages—Regular pay days.
[This chapter amends section 3657d of the Code of 1904, (Act of
May 23, 1887). The only changes o f importance occur in sub
sections 1 and 2, section 2 o f the present act. This section fol
low s:]
S e c t i o n 2 . All persons, firms, companies, corporations or assoS co p e o f law.
ciations in this Commonwealth, engaged in operating railroad
shops, mining coal, ore, or other minerals, or mining and manu
facturing them, or either o f them, or manufacturing iron or steel,
or both, or any other kind o f manufacturing, shall pay their
employees engaged in the employments aforesaid as provided in
this act.
All persons, firms, companies, corporations or associations, en- S e tt le m e n ts
gaged in any of the business aforesaid, shall settle with such o f sem im on th ly,
employees at least twice in each month, and pay them the amounts
due them for their work or services, in lawful money o f the United
States, or by check, or by cash order, as described and required
in section three of this act: Provided, That nothing herein con
tained shall affect the right o f any employee to assign the whole
or any part of his claim against his employer: Provided, however, M o n th ly setThat the semimonthly payment o f wages requirement o f this act tienients.
shall not apply to mining coal, manufacturing coke, mining ore,
or other minerals, excelsior mills or sawmills; but the employers
o f labor engaged in such enterprises shall settle with their em
ployees at least once in each month.
Approved March 11, 1912.
C h apter
178.—Mine regulations—Department of mines.
S e c t i o n 1. There is hereby created a department known as the
D e p a rtm en t
department o f mines, which department shall be under and subject createdto the control o f the bureau o f labor and industrial statistics, and
which shall have for its purpose the supervision o f the execution
and enforcement o f all laws enacted for the safety of persons
employed within or at mines within the limits of the Common
wealth, and the protection o f mine property and other property
used in connection therewith; and the said department shall be
in charge o f an official to be known as the State mine inspector, in s p e c to r ,
hereinafter designated as inspector, who shall be appointed by,
198
Q a a l i fl<»tions.
R ecord s.
Certificates.
BULLETIN OF THE BUREAU OF LABOR.
be under the control of, and shall report to th# commissioner of
labor and industrial statistics.
gEC# 2 . The inspector o f mines shall have a thorough knowledge
^ijperen^ systems o f working and ventilating coal mines,
and o f the nature and properties o f mine gases, especially ex
plosive gases, and dust; and shall have a thorough and practical
knowledge o f mining gained by at least five years’ experience at
and in coal mines; and shall be o f good moral character and
temperate habits. The said inspector shall be removed from office
by the commissioner o f labor for incompetency, neglect of duty.
drunkenness, malfeasance and for other good causes. He shall
keep a record o f all inspections made by him and report same
to the commissioner o f labor and industrial statistics, who shall
keep a permanent record thereof properly indexed, which record
shall at all times be open to inspection by any citizen of the
Commonwealth and shall be collated and embodied in the annual
report o f the bureau.
Sec. 3. The inspector shall deliver to the operator or operators
of each mine inspected a certificate of inspection and shall post
a duplicate certificate at a prominent place at or in the vicinity
of each mine inspected, of the operating company, where it may
be conveniently read by any of the mine employees; said dupli
cate certificate shall remain posted until a subsequent certificate
is issued; and said inspector shall visit each mine once in six
months, or oftener if called on in writing by ten men engaged in
any one mine, or the owner, operator or superintendent of such
mine, and make a personal examination o f the interior of all mines,
and outside of the mine where any danger may exist to the work
men, and shall particularly examine into the condition of the
mines as to ventilation, drainage and general safety, and shall
make a report of such examination, and he shall see that the pro
visions o f the mining statute are strictly carried out; the in
spector failing to carry out the provisions of this act shall be
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than fifty dollars nor more than two hundred and
fifty dollars and shall be dismissed from office.
M a p s of
S ec.4. The operator or agent of every coal mine shall, within
m ines.
g|x months from the passage of this act, make or cause to be
made, unless already made and filed, an accurate map or plan
o f such mine, on a scale to be stated thereon, o f one hundred or
two hundred feet to the inch; such map or plan shall show the
opening or excavations, the shafts, slopes, entries and airways,
with darts or arrows showing direction o f air currents, headings,
rooms, pillars, and so forth, and such portions o f such mine or
mines as may have been abandoned, the general inclination of
the coal strata, and so much of the property lines and the outcrop
of the coal seam o f the tract o f land on which said mine is located,
as may be within one thousand feet o f any part o f the workings
o f such mine; a true copy of such map or plan shall, within tht;
six months aforesaid, be delivered by such operator to the in
spector to be preserved among the records o f the bureau o f labor
and industrial statistics, but it is provided that in no case shall
any copy o f the same be made without the consent of the operator
or his agent; and the original map, or a true copy thereof, shall
be kept by such operator at the office of the mine, and open at all
reasonable times for the examination and use of the inspector;
and such operator shall, twice within every twelve months, tow it: on or before the first day of February and the first day o f
August of each year, while the mine is in operation, cause such
mine to be surveyed and the map thereof extended so as to ac
curately show the progress o f the workings, the property lines and
outcrop as before described, and shall forward the same to the
department o f mines therein, to be kept o f record, subject to the
conditions hereinbefore stated.
F a i l u r e to
S ec.5. I f the operator or agent o f any coal mine shall neglect
fu r n ish map.
or
to furnish to the inspector any copy o f map or extension
thereof as provided in the preceding section o f this act, the in
in s p e ctio n s,
LABOR LEGISLATION OF 1912----VIRGINIA
spector is hereby authorized to cause a correct survey and map
or plan o f said coal mine or extension thereof to be made at the
expense of the operator o f such mine, the cost o f which shall be
recovered from said operator as other debts are recovered by la w :
and if at any time the commissioner o f labor has reason to believe
that such map or plan or extension thereof, furnished in pursuance
o f the preceding section, be materially incorrect, or such as will
not serve the purpose for which it was intended, he may have
survey and map or plan or the extension thereof made or cor
rected, and the expense o f making such survey and map or plan
or extension thereof, under the direction o f said commissioner,
shall be paid by the operator, and the same may be collected as
other debts are recoverable by law ; and if found correct the ex
pense thereof to be paid by the State.
S e c . 6 . After six months from and after the passage of this act,
it shall be the duty of the mine foreman or assistant mine foreman
o f every coal mine in the State to see that every person employed
to work in such mine shall, before beginning work therein, be
instructed as to any unusual or extraordinary danger incident to
his work in such mine which may be known to or could reasonably
be foreseen by the mine foreman or assistant mine foreman and
it shall further be the duty o f such mine foreman or assistant
mine foreman to see that every such person employed in such mine
shall upon request be furnished with copies o f this act and the
printed rules o f such mine.
Every inexperienced person so employed shall work under the
direction o f the mine foreman, his assistant or such other experi
enced worker as may be designated by the mine foreman or assist
ant until he has had reasonable opportunity to become familiar
with the ordinary danger incident to his work, and it shall be
unlawful for the operator, agent or mine foreman o f any coal
mine to employ any person to work in said mine or permit any
person to be in said mine with purpose o f working therein, unless
they are in communication with at least two openings or outlets
separated by natural strata of not less than one hundred feet in
breadth, i f the mine be worked by shaft, and o f not less than fifty
feet in breadth at the outlet, if worked by slope or d rift; to each
o f said outlets there shall be provided from the interior of the
mine a safe and available roadway properly drained, which shall
at all times while the mine is in operation, be kept reasonably free
from obstruction which might prevent travel thereon in case of
emergency, and if either o f said outlets be by the shaft it shall be
fitted with safe and available appliances, such as stairs or hoist
ing machinery, which shall at all times, when the mine is in
operation be kept in order and ready for immediate use whereby
persons employed in the mine may readily escape in case of an
accident.
This section shall not be applied to any mine while work is being
prosecuted with reasonable diligence in making communication
between said outlets, necessary repairs and removing obstructions,
so long as not more than twenty persons are employed at any time
in said mine; neither shall it apply to any mine, or part o f a
mine, in which a second outlet has been rendered unavailable by
reason o f the final robbing o f pillars, preparatory to abandonment,
so long as not more than twenty persons are employed therein at
any one time.
For violation o f this section the operator, agent or mine fore
man shall upon conviction, be fined not less than fifty nor more
than five hundred dollars, or be imprisoned in the county jail not
less than ten nor more than ninety days, in the discretion o f the
court or jury.
Sec. 7. The operator or agent of every coal mine worked by shaft
shall forthwith provide, and hereafter maintain, a metal tube
from the top to the bottom of such shaft suitably adapted to the
free passage of sound, through which conversation may be held
between persons at the top and at the bottom o f the shaft, also
the ordinary means o f signaling, and an approved safety catch
199
In s tru ctio n s
to w orkm en .
In ex p erien ced
w orkm en .
T w o o u tle ts
required .
E xem ption .
S peaking
tubes, etc.
200
BULLETIN OF THE BUREAU OF LABOR.
Safety appli- and a sufficient cover overhead on every carriage used for lowerances.
ing or hoisting persons, and at the top o f the shaft an approved
safety gate, and an adequate brake on the drum of every machine
used to lower or hoist persons in such shaft; and the said oper
ator or agent shall have the machinery used for lowering or hoist
ing persons into and out o f the mine kept in safe condition and
inspected once in each twenty-four hours by some competent per
son ; and there shall be cut out and around the side o f the hoisting
shaft or driven through the solid strata at the bottom thereof
a traveling way o f not less than five feet high and three feet wide
to enable a person to pass the shaft, going from one side of it to
the other without passing over or under the cage or other hoisting
apparatus.
Any operator or agent who shall fail or refuse to comply with
the requirements of this section shall be guilty of a misdemeanor,
and upon conviction be fined not less than fifty nor more than
five hundred dollars, or be imprisoned in the county jail not less
than thirty days nor more than one year, in the discretion of the
court or jury.
Hoisting enSec. 8. No operator or agent of any coal mine, worked by shaft
gineers.
or si0pe? shall place in charge of any engine, used for lowering
into or hoisting out of said mine persons employed therein, any
but competent and sober engineers; and no engineer in charge of
such machinery shall allow any person, except such as may be
deputed for that purpose by the operator or agent, to interfere
with any part of the machinery; and no person shall interfere
with or intimidate the engineer in the discharge of his duties;
and in no case shall more than ten persons ride on any cage or
car at one time and no person shall ride on a loaded cage or car
in any shaft or slope.
All slopes, engine planes or motor roads used by persons in any
mine shall be o f sufficient width to permit persons to pass moving
cars with safety, or refuge holes o f ample dimensions and not
more than eighty feet apart shall be made on either side o f said
slope, engine plane or motor roads; such refuge holes shall be
kept free from obstruction, and the roof and sides thereof shall
be made reasonably secure and be kept whitewashed at all times;
no person shall travel on foot to or from his work upon any slope,
engine plane or motor road when other good roads are provided
for that purpose.
For violation o f the foregoing provisions o f the section, the
operator, agent or miner shall, upon conviction, be fined not less
than ten nor more than five hundred dollars, or be imprisoned in
the county jail not less than ten nor more than ninety days, in
the discretion o f the court, or jury.
Ventilation.
Sec. 9. The operator, agent or mine foreman o f every coal mine,
whether worked by shaft, slope, or drift, shall provide and here
after maintain for every such mine ample means o f ventilation
affording no less than one hundred cubic feet of air per minute for
each and every person employed in such mine, and as much more
as the inspector may require, which shall be circulated around the
main headings and cross headings and working places to such an
extent as may be reasonably necessary to dilute, render harmless
and carry off the noxious and dangerous gases generated therein.
And as the working places shall advance break throughs for air
shall be made not to exceed eighty feet apart in pillars, or brat
tice shall be used so as to properly ventilate the faces and
all the break throughs between intake and return airways not
required for the passage o f air, shall be closed with stoppings
substantially built with suitable material, which shall be approved
by the inspector, so as to keep the working places well ventilated.
After six months from the passage o f this act, not more than
sixty persons shall be permitted to work in the same air current,
in any mine in which dangerous gas has been detected in danger
ous quantities: Provided, however, That a larger number, not ex
ceeding eighty persons, may be allowed by the inspector where,
Roads.
LABOR LEGISLATION OF 1912— VIRGINIA.
201
in his judgment, it would be impracticable to comply with the
foregoing requirements.
No operator, agent or mine foreman shall permit any person to
work where they are unable to maintain at least one hundred
cubic feet of air per minute per man, but this shall not be con
strued to prohibit the operator from employing men to make the
place o f employment safe and to comply with this requirement:
Provided, further, That while the repair work necessary to get
the mine in condition to comply with the law, no person or per
sons shall be permitted to enter that part o f the mine affected
except those actually employed in doing the necessary repair
work.
In all mines accumulation o f fine dry coal dust shall, as far as Coal dust,
practicable, be prevented, and such dust shall be properly mois
tened, or otherwise treated to insure safety, in such manner and
form as the inspector may require.
For violation o f the foregoing provisions o f this section the
operator, agent or mine foreman shall, upon conviction, be fined
not less than fifty nor more than five hundred dollars, or be im
prisoned in the county jail not less than ten nor more than ninety
days, in the discretion of the court or jury.
No miner or other employee shall take into any mine in this Q u a n tity of
State any larger quantity of powder or other explosive than he P°wdermay reasonably expect to use in any one shift, and all powder
shall be carried into the mine in vessels containing not to exceed
five pounds. Any person violating this provision shall, upon con
viction, be fined five dollars for each offense, or imprisoned in the
county jail not exceeding ten days.
Sec. 10. In all mines generating fire damp and where there is G a s e o u s
every reason to believe that gas will be encountered in the future mines*
workings and developments o f the mine, the minimum ventilation
shall be one hundred and fifty cubic feet per minute for each and
every person employed therein, and as much more as the in
spector may deem requisite, and all stoppings on the main en
tries shall be substantially filled with suitable material, so as to
keep the working places well ventilated ; doors in the main haulways shall be avoided in gaseous mines where reasonably prac
ticable, and overcasts built o f masonry or other incombustible
material and of ample strength shall be adopted, and where doors
are used they must be built in a substantial manner and hung so
as to close automatically when unobstructed.
For violation o f the foregoing provisions o f this section the
operator, agent or mine foreman shall, upon conviction, be fined
not less than fifty nor more than five hundred dollars, or be im
prisoned in the county jail not less than ten nor more than ninety
days in the discretion of the court, or jury.
All old, unused workings and abandoned parts of the mine U nused work*
must be protected by sflch safeguards as would prevent the dan- in&sgerous overflow o f any standing gas therein, and all avenues lead
ing thereto shall be arranged and conducted so as to give caution
ary notice to all such workmen in such mines of the danger in
entering therein; and in order to secure the safety o f the work
men in general against the danger in said abandoned or worked
out parts o f the mine, proper notices shall be put up and kept
standing as far as practicable, which shall afford warning to all
such workmen not to enter such parts of said mine; and in addi
tion thereto, all persons except those specially charged with that
duty, are hereby forbidden to enter such parts o f said mine whera
gas may be found.
It shall be unlawful for any miner, after having exploded in any
Re s umi ng
working place sixty cubical inches or more o f powder, in one or lasting*1f t e r
more blasts, in any mine known to generate gas in large quantities,
to enter such working place and attempt to resume work in any
manner whatever with a naked light in less than twenty minutes
after the blast has been exploded.
And for violation of the provisions o f this act, such person or
persons so offending shall be guilty of a misdemeanor, and upon
202
BULLETIN OF THE BtTBEAU OF LAB OK.
conviction thereof shall be fined not less than five dollars nor
more than one hundred dollars and be confined in the county jail
not less than ten days nor more than one year. In all mines
where explosive gas or other gas o f a dangerous or poisonous
nature is known to generate in dangerous quantities, the workW orkm en to men shall be immediately instructed to withdraw from the mine
b?hJ?itMrawn» in case o f the stoppage o f the fan, or lieavy fall of the roof which
*
may obstruct the main intake or return airway until such ob
struction is removed.
M e t h o d of
S e c . 1 1 . And it shall be unlawful in all mines where gas is being
v en tila tion .
generated in dangerous quantities, to use any other mechanical
power for ventilation purposes except fan power, and the fan
shall be kept in operation night and day unless written permission
be granted by the commissioner o f labor or the inspector, but no
mine operator shall be required to keep such fan going where
it is necessary to shut down for the purpose o f repairing ma
chinery or doing other work in the mines, which may make it
necessary.
F ire b o s s e s .
It shall be the duty Qf every mine owner or operator in this
State, whose mine or mines are known to generate fire damp or
other dangerous gas or gases in dangerous quantities, to employ
a “ fire boss ” or “ bosses ” where necessary, who shall have such
knowledge o f fire damp and other dangerous gases as to be able
to detect the same with the use of safety lamps, and shall have
a practicable knowledge of the subject o f the ventilation of mines
and the machinery and appliances used for that purpose and be a
person with at least three years experience in mines generating
gases; it shall be the duty of said fire boss or bosses, where em
ployed in said gaseous mines, to prepare a danger signal with
suitable color at the mine entrance and no person except the mine
owner, operator or agent, and only then in case o f necessity, shall
pass beyond this danger signal until the mine has been examined
by the fire boss, and the same or certain parts thereof reported
by him to be safe; it shall further be the duty o f said fire boss or
bosses to go into all the w o r k i n g places o f such mine or mines
where gas is known to exist in dangerous quantities, and carefully
examine the same with a safety lamp and do, or cause to be done,
whatever may be necessary to remove from such working place
or places all dangerous gases and make the same safe for persons
to enter therein as workmen in such mine or mines, such exam
ination and removal of said gases shall begin within three hours
before the time each shift commences work, and it shall be the
duty o f such fire boss at each examination to leave evidences o f
his presence at the face o f every working place examined, and if
the mine is safe he shall remove the danger signal, or change the
color thereof to safety, in order that the employees may enter
said mine and begin work; in the performance o f the duties on
the part of the fire boss or bosses tliey^hall have no superior
officer, but all the employees working inside o f said mine or mines
shall be subordinate to said fire boss or gosses [bosses] in this
particular work; the fire boss shall, upon having completed the
examination of the mine before each shift, make a written record
o f the condition o f the mine within a book having a form preR ecord s.
scribed by the department of mines, which record shall at. all
times be kept at the mine subject to the inspection o f the inW ork m en n o t spector; it shall be unlawful for any person to enter said mine
to enter.
or mines for any purpose at the beginning o f work upon each
shift therein until such signal or warning has been given by said
fire boss or bosses on the outside o f said mine or mines as to the
safety thereof, as herein provided, except under the direction o f
said fire boss or bosses, and then for the purpose o f assisting in
making said mine safe, and each person who shall enter such
mine except as aforesaid, before such notice or signal has been
given, or any operator, agent, or fire boss who shall violate the
provisions o f this section, shall be guilty o f a misdemeanor and,
upon conviction thereof, shall be fined not less than fifty dollars
LABOR LEGISLATION OF 1912----VIRGINIA.
203
nor more than five hundred dollars, or imprisoned in the county
jail not less than sixty days nor more than one year.
Sec. 12. Mines in which explosive gas is known to be generated Safety lamps,
in dangerous quantities from coal or adjacent strata shall be
worked exclusively by the use o f locked safety lamps, and no
other lamp or torch shall be used except as may be permitted in
writing by the inspector; the safety lamps used for examining
any mine or which may be used for working therein, shall be fur
nished by, and be the property o f the operator o f the mine, and
shall be in charge o f some person to be designated by the “ fire
boss,” and at least two safety lamps shall be kept at every coal
mine whether such mine generates fire damp or not.
Any operator, agent or other person who shall fail or refuse to
comply with the requirements o f this section shall be guilty of a
misdemeanor and, upon conviction, shall be fined not less than
fifty nor more than five hundred dollars, or be imprisoned in the
county jail not less than thirty days, nor more than one year, in
the discretion o f the court or jury.
S e c . 13. In order to better secure the proper ventilation o f every
Mi n e fo re
coal mine and promote the health and safety o f persons employed men.
therein, the operator or agent shall employ a competent and prac
tical inside overseer, to be called mine foreman, who shall be an
experienced coal miner, or any person having five years’ experi
ence in a coal mine, who shall keep a careful watch over the ven
tilating apparatus and airways, traveling ways, pumps and drain
age; and shall see that as the miners advance their excavations,
proper break throughs are made, to properly ventilate the mine,
and shall use reasonable care to remove or secure all loose coal,
slate and rock overhead in working places and along the haulways, so as to prevent danger to persons employed in such mines;
and that sufficient props, caps and timbers, as nearly as possible
o f suitable dimensions, are furnished for the places where they are
to be used, and such props, caps and timbers shall be delivered and
placed at such points as the rule for the government of each re
spective mine provides for them to be delivered; and every work
man in want of props, cap pieces and timbers shall notify the mine
foreman, or such other person who may be designated for that pur
pose, at least one day in advance, giving the length and number
o f props, or timbers and cap pieces he requires; but in case o f an
emergency the timbers may be ordered immediately upon the dis
covery o f any danger, and it shall be the duty o f each miner to
properly prop and secure his place in order to make the same
secure for him to work therein, and no miner shall work in any
working places unless he has props and timbers sufficient to make
his place secure. It shall be the duty o f the mine foreman to see
that the crosscuts are made as required by law, and that the venti
lation shall be conducted through such crosscuts into the room by
means o f check doors or curtains placed on entries or other suit
able places, and he shall not permit any room to be opened in
advence [advance] o f the ventilation. Should the mine inspector
discover any room, entry or airway or other working place being
driven in advance of the ventilation contrary to the requirements
of this act he shall order the workmen working such places to
cease work at once until the law is complied with. And said
mine inspector shall have authority to permit violations of this
provision when he considers it safe and desirable so to do.
And the mine foreman shall measure the air currents at least A ir cu rren ts
twice each month at the inlet and outlet, and at or near the faces to be measo f the advanced headings, and shall keep a record of such meas- u
urements in a book, having a form prescribed by the chief o f the
department of mines. An anemometer shall be provided for this
purpose by the operator o f the mine.
And in mines in which the operations are so extensive that all A s s i s t a n t
the duties devolving upon the mine foreman can not be discharged fo re m e n ,
by one man, competent persons having three years’ experience in
a coal mine may be designated and appointed as assistants, who
shall act under the mine foreman’s instructions, and shall be re-
204
BULLETIN OF THE BUREAU OF LABOR.
sponsible for their conduct in tlie discharge of their duties under
such designation or employment.
B ore holes.
It shall further be the duty of the mine foreman to have bore
holes kept not less than twelve feet in advance of the face, and
where necessary, on sides o f the working places that are being
driven toward, and in dangerous proximity to an abandoned mine
or part of mine suspected of containing inflammable gases or
H a u la ge.
which is filled with water; on all haulways where hauling is done
by machinery o f any kind, the mine foreman shall provide a proper
system of signals and for the carrying of a conspicuous light on
the front, and a light or flag on the rear, o f every trip or train of
cars when in motion: Provided, That this shall not apply to trips
being hauled by gathering motors or mule teams when operating
on other main headings, and when hoisting or lowering men occur
L igh ts
before daylight in the morning or at evenings after darkness; at
any mine operating by shaft the said mine foreman shall provide
and maintain at the shaft mouth a light o f a stationary character
sufficient to show the landing and all surrounding objects distinctly,
and sufficient light o f a stationary character shall be located at
H o istin g
ttie b°tt°m o f the shaft so that persons coming to the bottom may
clearly discern the cages and other objects closely contiguous
thereto; no cage on which men are riding shall be lifted or lowered
at a rate of speed greater than six hundred feet per minute; no
mine cars, either empty or loaded, shall be hoisted while men are
being lowered or hoistered [hoisted], and no cage having an
unstable self-dumping platform shall be used for the carrying of
workmen unless the same is provided with some device by which
the same may be securely locked when men are being hoisted or
lowered into the mine.
Provisions
At. every mine where ten men are employed under ground it
f o r first a id.
shall be the duty o f the operators thereof to keep always on
hand at the mine a properly constructed stretcher, a woolen and
a waterproof blanket, and all necessary requisites which may be
advised by a medical practitioner employed by the company, and
if as many as one hundred and fifty men be employed two
stretchers with the necessary equipment as above advised; the
I n s p e c t i o n s mine foreman, or his assistant, shall visit and examine every
by forem en .
working place in the mine every alternate day while the miners of
such places are at work, and shall direct that each and every
working place shall be secured by props, or timbers whenever
necessary, which shall be placed and used by the miners working
therein as in this act, provided, to the end that such working
places shall be made safe, and the same mine foreman shall not
permit nor shall any one work in a place known to be unsafe,
unless it be for the purpose o f making it safe. The mine foreman
shall notify the operator or agent o f the mine o f his inability to
comply with any o f the requirements o f this section, and it shall
then become the duty o f any operator or agent to at once attend
to the matter complained o f by the mine foreman, so as to enable
him to comply with the provisions hereof if the same can be
practically done. Any operator or agent o f any coal mine, or
other person who shall neglect to comply with the requirements o f
this section, shall, upon conviction, be guilty o f a misdemeanor,
and shall be fined not less than fifty nor more than five hundred
dollars, or be imprisoned in the county jail not less than ten nor
more than ninety days, at the discretion o f the court. Any mine
foreman or employee failing to comply with this section shall,
upon conviction, be fined not less than five dollars, nor more than
fifty dollars, or imprisoned in the county jail not less than ten
days nor more than ninety days, in the discretion o f the court.
O p erators to
Sec. 14. The operator or agent o f every coal mine shall furnish
fu r n ish w h at, ^he inspector proper facilities for entering such mine and making
examinations or obtaining information; and if any inspector shall
discover that any mine does not, in appliances for the safety o f the
persons employed therein, conform to the provisions o f this act,
or that by reasons o f any defect or practice.in or at such mine
the lives or health of persons employed therein are endangered,
205
LABOR LEGISLATION OF 1912----VIRGINIA.
he shall immediately, in writing, notify such operator or agent
thereof, stating in such notice the particulars in which he con
siders such mine to be defective or dangerous, and if he deems
it necessary for the protection o f the lives or health o f the per
sons employed in such mine, he shall, after giving notice o f one
day to said operator or agent in writing, notify immediately the
State mine inspector, who shall immediately examine the mine
reported to be unsafe, and if upon such examination of the mine
reported to be unsafe, is in fact found to be in an unsafe condi
tion, the department o f mines shall forthwith order the mine,
or such part thereof, to be closed until it is placed in a safe
and proper condition for mining operations; the owner or operator
of any mine so closed may apply to the circuit court wherein such
mine is located, or the judge thereof in vacation, by petition, for
an order directing such mine to be reopened, and such court, or
the judge thereof in vacation, shall immediately hear and deter
mine the matters arising upon petition, and if upon full hearing
thereof the court, or the judge thereof in vacation, shall find
that said mine is in a reasonably safe condition, the prayer of
said petition shall be granted; but notice o f said hearing shall
be given to the mine inspector or the commissioner o f labor, three
days at least before said hearing; and in all such hearings), the
attorney general shall appear for the State and defend the same.
Sec. 15. No boy under fourteen years o f age, nor female persons
o f any age, shall be permitted to work in any coal mine, and in
all cases o f doubt the parents or guardians o f such boys shall
furnish affidavits o f their ages.
Any operator, agent or mine foreman who shall knowingly
violate the provisions of this section, or any person knowingly
making a false statement as to the age o f any boy under fourteen
years o f age applying for work in any coal mine, shall, upon
conviction, be fined not less than ten nor more than five hundred
dollars, or to be imprisoned in the county jail not less than ten
nor more than ninety days, in the discretion o f the court.
Sec. 16. No miner, workman or other person shall knowingly
injure any shaft, lamp, instrument, air course, brattice, overcast,
door or curtain, or obstruct or throw open any airways, or carry
matches or open lights in the places worked by safety lamps, or
disturb any part of the machinery or appliances, open a door used
for directing ventilation and not close it again, or enter any part
of a mine against caution, or deposit human excretion in any air
course, through which the ventilating air current passes, or dis
obey any order given in carrying out any o f the provisions o f this
act, or do any other act whereby the life or health of any person
employed in the mines or the security o f the mines is endangered;
any person who shall violate the provisions o f this section shall,
upon conviction, be fined not less than ten nor more than five
hundred dollars, or be imprisoned in the county jail not less than
ten nor more than ninety days, in the discretion o f the court;
when any operator of a mine shall refuse to furnish all supplies
necessary for the mine foreman to comply with the requirements
of this act, within a reasonable time, after being requested to do
so, and by reason o f such refusal, loss o f life or injury may result
to any employee, a right o f action for damages may ensue against
the operator o f the mine wherein such employee has not con
tributed to his own injury or loss.
Sec. 17. Whenever by reason o f any explosion or other accident
in any coal mine, or the machinery connected therewith, loss of
life or serious personal injury shall occur, it shall be the duty
o f the superintendent of the colliery, and in his absence, the mine
foreman in charge o f the mine, to give notice forthwith by mail
or otherwise, to the inspector, stating the particulars o f such
accidents; and the said inspector shall, if he deems it necessary
from the facts reported, immediately go to the scene of such acci
dent and make suggestions and render such assistance as he may
deem necessary for the future safety o f the men, and investigate
the cause o f such explosion or accident, and make a record thereof
C lo sin g m ine,
A p pea l,
W om en
ch ild ren ,
and
In ju rie s
w orkm en ,
A ccid e n ts,
by
206
BULLETIN OF THE BUREAU OF LABOR,
which he shall preserve with the other records of his office; and
to enable him to make such investigation, he shall have the power
to compel the attendance of witnesses, and to administer oaths
or affirmations, and the cost of such investigation shall be paid
by the county in which such accident occurred. Any operator,
agent, superintendent or mine foreman who shall fail to perform
the duty provided in this section shall, upon conviction, be guilty
o f a misdemeanor, and shall be fined not less than ten nor more
than five hundred dollars, or be imprisoned in the county jail
not less than ten nor more than ninety days, in the discretion of
the court.
Reports.
Sec. 18. The operator or agent of every coal mine shall an
nually, during the month of July, mail or deliver to the in
spector a report for the preceding twelve months, ending with the
thirtieth day of June; such report shall state the names o f the
operators and officers of the mine, the quantity of coal mined and
such other information, not of a private nature as may from
time to time be required by the inspector; blank forms of such
reports shall be furnished by the commissioner of labor. At any
time any person, company or corporation operating a coal mine
shall transfer the ownership o f any mine to another person, com
pany or corporation, the person, company or corporation trans
ferring such ownership shall within thirty days make a report to
the State inspector of mines of such change, and a statement of
the tons of coal produced since the first of July last, previous to
the date of such sale or transfer o f such mine or mines; any
operator or agent failing to furnish tlie reports as required in
this section shall be guiity of a misdemeanor and, upon convic
tion shall be fined not less than fifty nor more than five hundred
dollars, or imprisoned in the county jail not less than thirty nor
more than ninety days, in the discretion o f the court.
P e r m ittin g
S e c . 1 9 . Any operator, agent, superintendent or mine foreman
unlawful work- having in charge any mine who shall knowingly permit any person
to work in any part of said mine in a [sic] violation of instructions
in writing, issued by the inspector, made in compliance with the
requirements of this act, shall upon conviction be fined not less
than fifty nor more than five hundred dollars, and any employee
who shall work in violation of such instructions shall, upon con
viction, be fined not less than ten nor more than fifty dollars.
Solid shootS e c . 20. In any mine in which solid shooting is done the inin8*
speetor is authorized to prescribe the conditions under which such
solid shooting may be done.
s te a m locoS ec. 21. No steam locomotive shall be used in mines where men
m otiv es.
are actually employed in the extraction of coal, except by the con
sent of the inspector, but this shall not be construed to prohibit
any mine owner from operating a steam locomotive through any
tunnel, haul way or part of a mine that is not in actual operation
and furnishing co a l; any operator or agent who violates this sec
tion shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than fifty nor more than five hundred dollars, or
be imprisoned in the county jail not less than thirty nor more
than ninety days, in the discretion of the court.
Rules.
S e c . 22. There shall be adopted by the operator of every mine
in this State special rules for the government and operation of
every mine or mines, covering all the work pertaining thereto in
and outside o f the same, which however, shall not be in conflict
with the provisions of the mining laws of this State, such rules
when established shall be printed on cardboard, in the languages
spoken by ten or more employees, and shall be posted up in the
drum house, tipple or some other conspicuous place about the
mines where the same may be seen and observed by all of the
employees at such mines, and when said rules are so posted the
same shall operate as a notice to all employees at such mine of
the acceptance of the contents thereof; and it shall be the duty
of each mine operator to furnish a printed copy o f said rules to
each of his employees when requested by either or any of them;
any operator or agent who violates the provisions of this section
LABOR LEGISLATION OP 1912----VIRGINIA.
207
slmll be guilty of a misdemeanor and upon conviction, shall be
fined not less than fifty nor more than five hundred dollars, or be
imprisoned in the county jail not less than thirty nor more than
ninety days in the discretion o f the court.
J u ris d ictio n .
S e c . 23. In all prosecutions under this act the circuit court and
justices of the peace have concurrent jurisdiction, with right of
appeal to the circuit court.
Scope
of
S e c . 24. The provisions o f this act shall apply only to coal mines
in which five or more persons are employed in a period o f twenty- la w .
four hours, but no mine employing less than ten shall be required
to employ a mine foreman.
Illu m in a tin g
S e c . 25. Only animal, vegetable or parafine [paraffin] oil, or
other oil free from evolution of smoke as a standard cottonseed oil, o il.
when burned in a miner’s lamp, shall be used in any open lamp or
torch for illuminating purposes in any coal mine in this State, and
that kerosene or blackstrap oil, or a mixture o f kerosene and black
strap, shall not be used in miners’ torches for illuminating pur
poses in any coal mine in this State. Except that a mixture of
mineral oil (other than blackstrap oil) and vegetable oil can be
used (in lamps) upon machinery used as a motive power to haul
the coal in any mine in this State, and except further, that a mix
ture of mineral and vegetable oil can be used for all stationary
lights.
Cottonseed
S e c . 26. A standard cottonseed oil shall have the following test:
(a) It shall be free from mineral oils or mineral oil compounds. oil.
(b) It shall be tested in a glass tube one and one-half inches
in diameter by eight inches deep, and the oil shall be at a tem
perature of sixty degrees Fahrenheit when the test is made and
shall not exceed twenty-four degrees Tagliabue hydrometer.
(c) I f the oil to be tested is below forty-five degrees Fahren
heit temperature, it must be slowly heated until, it reaches eightyfive degrees temperature. Should the oil be above forty-five de
grees temperature and below sixty-five degrees, it must be heated
to seventy degrees, when, in either case, it must be well shaken
and allowed to cool gradually to a temperature o f sixty degrees,
when the test must be made.
(d) In testing the gravity o f oil the hydrometer must be, when
possible, read from below, and the last line which appears under
the surface o f the oil shall be regarded as the true reading.
(e) Where the oil is tested in difficult circumstances an allow
ance of one-half of one degree may be made for error o f parallax.
(f) All oil sold to be used for illuminating purposes in the
mines o f this State shall be contained in barrels, casks or pack
ages, branded conspicuously with the name and address o f the
manufacturer o f said oil, the specific gravity of the same and the
date of shipment.
Sec. 27. (a) Any person, firm or corporation, either by them S a le o f oil.
selves or an agent or employee, which shall sell or offer for sale
for illuminating in any mine in this State any oil or any mixture
or compound of oils which does not comply with the tests as pre
scribed in section one [twenty-six] o f this act, shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than twenty-five dollars nor more than one hundred
dollars for each offense.
(b) Any miner, or employee in any mine, or employee of any U se o f o il.
mine operator or mine owner, who shall knowingly use or permit
to be used for illuminating purposes in any mine in this State
any oil other than that prescribed in section one [twenty-six] of
this act shall, upon conviction thereof, be fined not less than five
dollars nor more than twenty-five dollars for each and every
offense, and in default of payment of such fine within twenty days
from the day o f conviction shall be given a sentence in the county
jail for a period o f not less than ten nor more than sixty days.
(c) It shall be the duty o f the district mine inspectors, when T e stin g .
ever they have reason to believe that oil is being used or sold, or
offered for sale, in violation o f the provisions of this act, to take
samples of the same and have them tested under the direction
208
BULLETIN OF THE BUREAU OF LABOR.
of the chief mine inspector, and if they are found to be inferior
to the quality prescribed by this act, the inspector shall mako
complaint to the prosecuting attorney of the couuty in which the
offense is committed who shall forthwith commence proceedings
against the offender in any court of competent jurisdiction.
Any miner, mine employee, firm, corporation or their agents,
who shall refuse to permit the mine inspector to examine his or
their oil used for or sold for illuminating purposes in the coal
mines o f this State shall be guilty o f a violation o f this act, and
may be taken before any justice o f the peace and fined five dol
lars or imprisoned in the county jail for ten days for each offense.
(d)
In all cases o f prosecution where the accused stands
victed o f a violation of this act the cost o f such prosecution shall
be borne by the person, firm or corporation so convicted, and in
case o f failure to convict the accused the State shall pay the costs
in the same manner as in other prosecutions for misdemeanors.
Provisions
Sec. 28. Provided, nevertheless, That the foregoing provisions
a p p ly , when,
concerning oils and the use thereof shall not apply to any mine
or any part thereof unless the mine inspector, in his judgment,
believes it necessary, and shall notify in writing the person or
company operating the same that the said provisions shall apply
to his mine or any part thereof, as the case may be, or unless the
owner or operator o f any such mine shall notify the said inspector
iu writing that it is the wish of the owner or operator that said
provisions shall apply to said mine or part thereof, as the case
may be, and in such case said provisions concerning oils and the
use thereof shall apply to and take effect in thirty days after such
notice is given by said inspector or by said mine owner or op
erator to said inspector.
C o n s tru ctio n
S e c . 2 9 . And jjrovided, That nothing in this act shall be so
o f sta tu te.
construed as to relieve the mine owner or operator from seeing
tbat all o f the provisions of this act are strictly complied with,
nor from the duty imposed at common law to secure the reasonable
safety of their employees, and, in the performance o f those
duties, that are nonassignable at common law, as well as those
duties required by this act, the mine foreman, boss or fire boss,
and their assistants shall be considered as acting for the mine
owner or operator as a vice principal.
Approved March 13, 1912.
C h apter
248.—Hours of labor of women and children.
[This act amends section 3657b of the Code of 1904 (Act of
March 4, 1890), so as to read as follow s:]
Ten- hour
S e c t i o n 3657b. No female and no child under fourteen years of
day*
age shall work as an operative in any factory, workshop, mercan
tile or in any manufacturing establishment in this State more
than ten hours in any one day o f twenty-four hours. All contracts
made or to be made for the employment o f any female, or o f any
child under fourteen years of age, as an operative in any factory,
workshop, mercantile, or in any manufacturing establishment to
work more than ten hours in any one day of twenty-four hours,
are and shall be void.
Violations.
Any person having the authority to contract for the employment
o f persons as operatives in any factory, workshop, mercantile, or
iu any manufacturing establishment, who shall engage or con
tract with any female or any child under fourteen years of age
to work as an operative in such factory, workshop, mercantile,
or in any manufacturing establishment during more than ten
hours in any one day of twenty-four hours, shall be guilty o f a
misdemeanor, and be fined not less than five nor more than twenty
Exemptions, dollars: Provided, however, That nothing in this act shall be con
strued to apply to females whose full time is employed as book
keepers, stenographers, cashiers, or office assistants, nor to apply
to persons employed in factories, engaged exclusively in packing
fruits or vegetables between July first and November first o f each
year: Provided, That nothing contained in this act shall apply
LABOR LEGISLATION OF .1912— VIRGINIA,
209
to merchantile [mercantile] establishments in towns of less than
two thousand inhabitants or in country districts, nor in mercan
tile establishments on Saturdays.
Approved March 14, 1912.
Chapter 291.—Liability of railroad companies for injuries to
employees.
[This act amends section 1294k o f the Code of 1904, (Act o f
March 27, 1902), so as to read as follow s:]
Section 1294k. Every corporation operating a railroad in this
L iability
State, whether such corporation be created under the laws of this for—
State or otherwise, shall be liable in damages for any and all
injury sustained by any employee o f such corporation, as follow s:
When such injury results from the wrongful act, neglect or N e g l i g e n c e
default of an agent or officer of such corporation superior to the of su p erin ten d employee injured, or o f a person employed by such corporationent;
having the right to control or direct the services o f such employee
injured, or the services o f the employee by whom he is injured;
and also when such injury results from the wrongful act, neglect
or default o f a coemployee engaged in another department o f
labor from that o f the employee injured, or o f a coemployee (not- N e g l i g e n c e
withstanding the fact that the party injured had the right t o 0f em p loy ee in
direct the services of the coemployee) in the performance of any a n o t h e r d e
duty on or about the same or another train o f cars, or on 0r partment»etc- ;
about an engine, or o f a coemployee who has charge o f any switch,
signal point or locomotive engine, or who is charged with dis
patching trains or transmitting telegraphic or telephonic orders.
Knowledge by any employee injured o f the defective or unsafe
character or condition o f any machinery, ways, appliances or
structures o f such corporation shall not o f itself be a bar to
recovery for any injury or death caused thereby. When death, i n j u r i e s
whether instantaneous or otherwise, results from any injury to ca u s in g death ,
any employee o f such corporation received as aforesaid, the per
sonal representatives o f such employee shall have a right of action
therefor against such corporation, and may recover damages in
respect thereof. Any contract or agreement, express or implied, W a iv e rs,
made by any such employee to waive the benefit o f this section or
any part thereof shall be null and void, and this section shall not
be construed to deprive any such e m p lo y e e , or his p e r s o n a l repre
sentative, o f any right or remedy to which he is now entitled
under the laws o f this State.
The rules and principles o f law as to contributory negligence C o n trib u to ry
which apply to other cases shall apply to cases arising under this n e g lig en ce,
act, except in so far as the same are herein modified or changed.
The provisions o f this act shall always be so restricted in their F e d e r a l
application as not to conflict with any of the provisions o f the laws.
Constitution or laws o f the United States, and as if the necessary
limitations upon their interpretation had been herein expressed in
each case.
Approved March 14, 1912.
UNITED STATES.
ACTS OF 1911-12.
Chapter 5.— Commission on employers' liability and workmen's
compensation.
S e c t i o n 1.
*
*
*
*
*
*
*
The time in which the commission to investigate the matter of DOrtim|xtended
employers’ liability and workmen’s compensation, created under p
joint resolution approved June twenty-fifth, nineteen hundred and
ten, shall be required to report through the President to Congress,
70244°—Bull. I l l —13------ 14
210
BULLETIN OF THE BUBEAU OF LABOR.
is hereby extended to and including the first day of March, nine
teen hundred and twelve.
*
*
*
*
*
*
*
Approved December 22, 1911.
C h a p t e r 5 7 . — Compensation
for injuries of employees of the United
States—Bureau of Mines—Forestry Service.
Act of 1908
exten d ed .
S e c t i o n 1. The provisions o f the act approved May thirtieth,
nineteen hundred and eight, entitled “An act granting to certain
employees o f the United States the right to receive from it com
pensation for injuries sustained in the course of their employ
ment,” shall, in addition to the classes o f persons therein desig
nated, be held to apply to any artisan, laborer, or other employee
engaged in any hazardous work under the Bureau o f Mines or the
Forestry Service o f the United States: Provided, That this act
shall not be held to embrace any case arising prior to its passage.
Approved March 11, 1912.
C h a p t e r 7 3 . — Children's
Bureau.
S e c t i o n 1. There shall be established in the Department o f
Commerce and Labor a bureau to be known as the Children’s
Bureau.
C h ief.
S e c . 2 . The said bureau shall be under the direction o f a chief,
to be appointed by the President, by and with the advice and con
sent o f the Senate, and who shall receive an annual compensaDuties.
tion o f five thousand dollars. The said bureau shall investigate
and report to said department upon all matters pertaining to the
welfare o f children and child life among all classes o f our people,
and shall especially investigate the questions o f infant mortality,
the birth rate, orphanage, juvenile courts, desertion, dangerous
occupations, accidents and diseases o f children, employment, legis
lation affecting children in the several States and Territories.
But no official, or agent, or representative of said bureau shall,
over the objection o f the head o f the family, enter any house used
exclusively as a family residence. The chief o f said bureau may
from time to time publish the results of these investigations in
such manner and to such extent as may be prescribed by the
Secretary o f Commerce and Labor.
O rg a n iz a tion .
S e c . 3. There shall be in said bureau, until otherwise provided
for by law, an assistant chief, to be appointed by the Secretary of
Commerce and Labor, who shall receive an annual compensation
of two thousand four hundred dollars; one private secretary to the
chief of the bureau, who shall receive an annual compensation
o f one thousand five hundred dollars; one statistical expert, at
two thousand dollars; two clerks of class fou r; two clerks o f
class three; one clerk o f class tw o; one clerk of class one; one
clerk, at one thousand dollars; one copyist, at nine hundred dol
lars; one special agent, at one thousand four hundred dollars;
one special agent, at one thousand two hundred dollars, and one
messenger at eight hundred and forty dollars.
Approved April 9, 1912.
B u rea u e s tab lish ed .
C h a p t e r 7 5 . —Manufacture, etc., o f white phosphorus matches.
S e c t i o n 1. For the purposes o f this act the words “ white
phosphorusi” shall be understood to mean the common poisonous
white or yellow phosphorus used in the manufacture o f matches
and not to include the nonpoisonous forms or the nonpoisonous
compounds o f white or yellow phosphorus.
M anufacSec. 2. Every manufacturer o f white phosphorus matches shall
tu rers to reg- register with the collector o f internal revenue o f the district his
name or style, place o f manufactory, and the place where such
business is to be carried on; and a failure to register as herein
provided and required shall subject such person to a penalty of
Term
fined.
d e-
211
LABOR LEGISLATION OF 1912— UNITED STATES.
not more than five hundred dollars. Every manufacturer of white
phosphorus matches shall file with the collector o f internal
revenue o f the district in which his manufactory is located such
notices, inventories, and bonds, shall keep such books and render
such returns in relation to the business, shall put up such signs
and affix such number to his factory, and conduct his business
under such surveillance o f officers and agents as the Commissioner
o f Internal Revenue, with the approval o f the Secretary o f the
Treasury, may, by regulation, require. The bond required of such
manufacturer shall be with sureties satisfactory to the collector
o f internal revenue and in the penal sum o f not less than one
thousand dollars; and the sum of said bond may be increased
from time to time and additional sureties required at the dis
cretion of the collector or under instructions o f the Commissioner
of Internal Revenue.
Sec. 3. All white phosphorus matches shall be packed by the
manufacturer thereof in packages containing one hundred, two
hundred, five hundred, one thousand, or one thousand five hun
dred matches each, which shall then be packed by the manu
facturer in packages containing not less than fourteen thousand
four hundred matches, and upon white phosphorus matches manu
factured, sold, or removed there shall be levied and collected a
tax at the rate o f two cents per one hundred matches, which
shall be represented by adhesive stamps, and this tax shall be
paid by the manufacturer thereof, who shall affix to every pack
age containing one hundred, two hundred, five hundred, one
thousand, or one thousand five hundred matches such stamp of
the required value and shall place thereon the initials o f his
name and the date on which such stamp is affixed, so that the
same may not again be used. Every person who fraudulently
makes use o f an adhesive stamp to denote any tax imposed by
this section without so effectually canceling such stamp shall
forfeit the sum o f fifty dollars for every stamp in respect to
which such offense is committed.
Sec. 4. Every manufacturer o f matches who manufactures, sells,
removes, distributes, or offers to sell or distribute white phos
phorus matches without there being affixed thereto an adhesive
stamp, denoting the tax required by this act, effectually canceled
as provided by the preceding section, shall for each offense be
fined not more than one thousand dollars and be imprisoned not
more than two years. Every manufacturer o f matches who, to
evade the tax chargeable thereon or any part thereof, hides or
conceals, or causes to be hidden or concealed, or removes or con
veys away, or deposits or causes to be removed or conveyed
away from or deposited in any place any white phosphorus
matches, shall for #each offense be fined not more than one thou
sand dollars and be imprisoned not more than two years, or both,
and all such matches shall be forfeited.
Sec. 5. Every person who affixes a stamp on any package of
white phosphorus matches denoting a less amount o f tax than
that required by law shall for each offense be fined not more
than one thousand dollars or be imprisoned not more than two
years, or both.
Sec. 6 . Every person who removes, defaces, or causes or permits
or suffers the removal or defacement o f any such stamp, or who
uses any stamp or any package to which any stamp is affixed to
cover any other white phosphorus matches than those originally
contained in such package with such stamp when first used, to
evade the tax imposed by this act, shall for every such package
in respect to which any such offense is committed be fined fifty
dollars, and all such matches shall also be forfeited.
Sec. 7. Every manufacturer o f white phosphorus matches who
defrauds or attempts to defraud the United States o f the tax
imposed by this act, or any part thereof, shall forfeit the factory
and manufacturing apparatus used by him and all the white
phosphorus matches and all raw material for the production of
white phosphorus matches found in the factory and on the fac-
P a cka ges.
S ta m p s
be affixed.
t o
S ta m p s
o f
w r o n g value.
R em oval
d e fa ce m e n t
stam p s.
Fraud.
or
of
212
BULLETIN OF THE BUREAU OF LABOK.
tory premises, or owned by liim, and shall be lined not more than
five thousand dollars or be imprisoned not more than three years,
or both. All packages o f white phosphorus matches subject to tax
under this act that shall be found without stamps as herein
provided shall be forfeited to the United States.
S tam p s
to
Sec. 8 . The Commissioner o f Internal Revenue shall cause to
be p rep ared .
prepared suitable and special stamps for payment of the tax
on white phosphorus matches provided for by this act. Such
stamps shall be furnished to collectors, who shall sell the same
only to duly qualified manufacturers. Every collector shall keep
an account o f the number and denominate values o f the stamps
sold by him to each manufacturer. All the provisions and penal
ties of existing laws governing the engraving, issuing, sale, affix
ing, cancellation, accountability, effacement, destruction, and for
gery o f stamps provided for internal revenue are hereby made to
apply to stamps provided for by this act.
.Selling
Sec. 9. Whenever any manufacturer of white phosphorus
sta m p s USe
matches sells or removes any white phosphorus matches without
the use o f the stamps required by this act, it shall be the duty of
the Commissioner o f Internal Revenue, within a period of not
more than two years after such sale or removal, upon satisfactory
proof, to estimate the amount o f tax which has been omitted to
be paid, and to make an assessment therefor and certify the same
to the collector, who shall collect the same according to law. The
tax so assessed shall be in addition to the penalties imposed by
•
law for such sale or removal.
Importation Sec. 10. On and after January first, nineteen hundred and thirw hen
n ’ teen, white phosphorus matches, manufactured wholly or in part
in any foreign country, shall not be entitled to entry at any of
the ports of the United States, and the importation thereof is
hereby prohibited. All matches imported into the United States
shall be accompanied by such certificate o f official inspection by
the government o f the country in which such matches were manu
factured as shall satisfy the Secretary o f the Treasury that they
are not white phosphorus matches. The Secretary of the Treasury
is authorized and directed to prescribe such regulations as may
be necessary for the enforcement o f the provisions of this section,
f o?bPi°dden 1 ®EC*
After January first, nineteen hundred and fourteen, it
when.
’ shall be unlawful to export from the United States any white
phosphorus matches. Any person guilty o f violation of this sec
tion shall be fined not less than one thousand dollars, and not
more than five thousand dollars, and any white phosphorus
matches exported or attempted to be exported shall be confiscated
to the United States and destroyed in such manner as may be
prescribed by the Secretary o f the Treasury, who shall have power
to issue such regulations to customs officers as are necessary to
the enforcement o f this section,
b n?CrifedeS to ^EC* 12. Every manufacturer of matches shall mark, brand,
affix, stamp, or print, in such manner as the Commissioner of
Internal Revenue shall prescribe, on every package of white phos
phorus matches manufactured, sold, or removed by him, the fac
tory number required under section two o f this act. Every such
manufacturer who omits to mark, brand, affix, stamp, or print
such factory number on such package shall be fined not more than
fifty dollars for each package in respect o f which such offense
is committed. Every manufacturer of white phosphorus matches
shall securely affix by pasting on each original package containing
stamped packages of white phosphorus matches manufactured by
him a label, on which shall be printed, besides the number of the
manufactory and the district in which it is situated, these w ords:
“ Notice.— The manufacturer of the white phosphorus matches
herein contained has complied with all the requirements o f law.
Every person is cautioned not to use again the stamps on the
packages herein contained under the penalty provided by law in
such cases.” Every manufacturer o f white phosphorus matches
who neglects to affix such label to any original package containing
stamped packages of white phosphorus matches made by him or
213
LABOR LEGISLATION OF 1912— UNITED STATES.
sold or removed by or for him, and every person who removes any
such label so affixed from any such original package, shall be fined
not more than fifty dollars for each package in respect o f which
such offense is committed.
Violations.
S ec. 13. I f any manufacturer of white phosphorus matches, or
any importer or. exporter o f matches, shall omit, neglect, or re
fuse to do or cause to be done any o f the things required by law
in carrying on or conducting his business, or shall do anything
by this act prohibited, if there be no specific penalty or punish
ment imposed by any other section o f this act for the neglecting,
omitting, or refusing to do, or for the doing or causing to be done,
the thing required or prohibited, he shall be fined one thousand dol
lars for each offense, and all the white phosphorus matches owned
by him or in which he has any interest as owner shall be forfeited
to the United States.
Sec. 14. All fines, penalties, and forfeitures imposed by this F in es, etc.
act may be recovered in any court of competent jurisdiction.
Sec. 15. The Commissioner o f Internal Revenue, with the ap R egu la tion s.
proval of the Secretary of the Treasury, may make all needful
regulations for the carrying into effect o f this act.
Sec. IT. This act shall take effect on July fi»st, nineteen hundred A c t in e f
and thirteen, except as previously provided in this a c t; and except fe c t .
as to its application to the sale or removal of white phosphorus
matches by the manufacturers, as to which it shall take effect on
January first, nineteen hundred and fifteen.
Approved April 9, 1912.
C hapter 157.—Armament of fortifications, etc.—Eight-hour day—
Materials of American manufacture.
Section 1.
*
*
*
*
*
*
*
No part o f this appropriation shall be expended for the purchase
o f any mountain, field, or siege cannon, including their carriages,
from any person, firm, or corporation which has not at the time
o f commencement o f said work established an eight-hour workday
for all employees, laborers, and mechanics engaged or to be
engaged i n the work o f construction o f the cannon named herein:
* * *
For the purchase, manufacture, and test o f ammunition for
mountain, field, and siege cannon, including the necessary experi
ments in connection therewith and the machinery necessary for
its manufacture at the arsenals, six hundred thousand dollars [is
appropriated]: Provided, That, except in time o f war or when in
the judgment of the President war is imminent, no part of this or
o f any other sum in this act for ammunition shall be expended
for the purchase o f any ammunition from any person, firm, or
corporation which has not at the time o f commencement o f said
work established an eight-hour workday for all employees, labor
ers, and mechanics engaged or to be engaged in the work o f manu
facturing the ammunition named herein.
*
*
*
*
*
*
*
All material purchased under the provisions o f this act shall
be o f American manufacture, except in cases when, in the judg
ment o f the Secretary o f War, it is to the manifest interest of the
United States to make purchases in limited quantities abroad,
which material shall be admitted free o f duty.
*
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*
*
*
*
*
E ig h t - h o u r
d a y t o be o b
served .
•A m e r i c an
p ro d u cts.
Approved June 6 , 1912.
C h a p t er 174.—Hours of labor on public contracts.
Section 1. Every contract hereafter made to which the United
States, any Territory, or the District o f Columbia is a party, and
every such contract made for or on behalf of the United States,
or any Territory, or said District, which may require or involve
Scope
a ct.
of
214
BULLETIN OF THE BUREAU OF LABOR.
tlie employment o f laborers or mechanics shall contain a provision
that no laborer or mechanic doing any part of the work contem
plated by the contract, in the employ o f the contractor or any sub
contractor contracting for any part o f said work contemplated,
shall be required or permitted to work more than eight hours in
any one calendar day upon such work; and every such contract
C on tra cts to shall stipulate a penalty for each violation o f such provision in
s tip u la te pencontract of five dollars for each laborer or mechanic for every
calendar day in which he shall be required or permitted to labor
more than eight hours upon said w ork; and any officer or person
designated as inspector o f the work to be performed under any
such contract, or to aid in enforcing the fulfillment thereof, shall,
upon observation or investigation, forthwith report to the proper
officer of the United States, or o f any Territory, or o f the District
of Columbia, all violations o f the provisions of this act directed to
be made in every such contract, together with the name o f each
laborer or mechanic who has been required or permitted to labor
in violation o f such stipulation and the day o f such violation, and
the amount o f the penalties imposed according to the stipulation
in any such contract shall be directed to be withheld for the use
and benefit o f the United States, the District o f Columbia, or the
Territory contracting by the officer or person whose duty it shall
be to approve the payment o f the moneys due under such contract,
whether the violation o f the provisions o f such contract is by the
contractor or any subcontractor. Any contractor or subcontractor
aggrieved by the withholding o f any penalty as hereinbefore proA p pea ls.
vided shall have the right within six months thereafter to appeal
to the head of the department making the contract on behalf o f the
United States or the Territory, and in the case o f a contract made
by the District o f Columbia to the Commissioners thereof, who
shall have power to review the .action imposing the penalty, and
in all such appeals from such final order whereby a contractor
or subcontractor may be aggrieved by the imposition of the penalty
hereinbefore provided such contractor or subcontractor may within
six months after decision by such head o f a department or the
Commissioners o f the District of Columbia file a claim in the Court
o f Claims, which shall have jurisdiction to hear and decide tho
matter in like manner as in other cases before said court.
E xem p tion s.
S e c . 2. Nothing in this act shall apply to contracts for trans
portation by land or water, or for the transmission o f intelligence,
or for the purchase o f supplies by the Government, whether *manu
factured to conform to particular specifications or not, or for such
materials or articles as may usually be bought in open market,
except armor and armor plate, whether made to conform to par
ticular specifications or not, or to the construction or repair of
levees or revetments necessary for protection against floods or
overflows on the navigable waters o f the United States: Provided,
That all classes o f work which have been, are now, or may here
after be performed by the Government shall, when done by con
tract, by individuals, firms, or corporations for or on behalf of
the United States or any o f the Territories or the District of
Columbia, be performed in accordance with the terms and proWaivers.
visions of section one of this act. The President, by Executive
order, may waive the provisions and stipulations in this act as
to any specific contract or contracts during time o f war or a time
when war is imminent, and until January first, nineteen hundred
and fifteen, as to any contract or contracts entered into in con
nection with the construction o f the Isthmian Canal. No penal
ties shall be imposed for any violation o f such provision in such
contract due to any extraordinary events or conditions o f manu
facture, or to any emergency caused by fire, famine, or flood, by
danger to life or to property, or by other extraordinary event or
condition on account o f which the President shall subsequently
Act of 1892. declare the violation to have been excusable. Nothing in this act
shall be construed to repeal or modify the act entitled “An act
relating to the limitation o f the hours of daily service o f laborers
and mechanics employed upon the public works o f the United
215
LABOR LEGISLATION OF 1912— UNITED STATES.
States and o f the District of Columbia ” being chapter three hun
dred and fifty-two o f the laws of the Fifty-second Congress, ap
proved August first, eighteen hundred and ninety-two, as modi
fied by the acts of Congress approved February twenty-seventh,
nineteen hundred and six, and June thirtieth, nineteen hundred
and six, or apply to contracts which have been or may be entered
into under the provisions of appropriation acts approved prior to
the passage o f this act.
S e c . 3 . That this act shall become effective an€l be in force
Act
ou and after January first, nineteen hundred and thirteen.
fect*
Approved June 19, 1912.
C hapter
in
2 3 6 . —Inventions,
etc., of employees of the Ordnance
Department— Rewards.
S e c t i o n 1. The Secretary of War is hereby authorized to offer
R ew a rd s
periodically at such of the establishments of the Ordnance De- t lor ze
partment as he may select a cash reward for the suggestion, or
series of suggestions, for an improvement or economy in manu
facturing processes or plant, submitted within the period by one
or more employees o f the establishment which shall be deemed the
most valuable o f those submitted and adopted for use: Provided, P ro v iso s.
That to obtain this reward the winning suggestion must be one
that will clearly effect a material economy in production or in
crease efficiency or enhance the quality o f the product in com
parison with its cost and in the opinion o f the Secretary shall
be so worthy as to entitle the employee making the same to re
ceive the reward: Provided further, That the sums awarded to
employees in accordance with this act shall be paid them in addi
tion to their usual compensation and shall constitute part of the
general or shop expense o f the establishment: Provided further,
That the total amount paid under the provisions of this act shall
not exceed one thousand dollars for any one month: And pro
vided further, That no employee shall be paid a reward under this
act until he has properly executed an agreement to the effect that
the use by the United States o f the suggestion, or series o f sug
gestions, made by him shall not form the basis o f a further claim
of any nature upon the United States by him, his heirs, or assigns,
and that application for patent has not been made for the inven
tion.
Approved July 17, 1912.
C
hapter
e f-
2 5 5 .—
au-
Compensation for injuries of employees o f the
United States—Lighthouse Service.
S e c t i o n 2.
*
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*
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*
Hereafter the benefits of the act o f May thirtieth, nineteen
hundred and eight (Thirty-fifth Statutes, page five hundred and
fifty-six), entitled “An act granting to certain employees of the
United States the right to receive from it compensation for in
juries sustained in the course o f their employment,” shall be ex
tended to persons employed by the United States in any hazardous
employment in the Lighthouse Service; * * *
Approved July 27,1912.
C hapter
A c t of 1908
extended,
335.—Eight-hour day— Ships, etc., for the Navy—Duties
of enlisted men.
S e c t i o n 1.
*
*
*
*
*
*
*
The act entitled “An act limiting the hours of daily service o f
laborers and mechanics employed upon work done for the United
States, or for any Territory or for the District of Columbia, and
for other purposes,” approved June nineteenth, nineteen hundred
and twelve, shall be in force as to all contracts authorized by
Eight-hour
be 0]y
216
D ock labor.
BULLETIN OF THE BUREAU OF LABOR.
{his act [making appropriations for the Naval Service] from and
after the passage of this act.
No enlisted men or seamen, not including commissioned and
warrant officers, on battleships o f the Navy, when such battleships
are docked or laid up at any navy yard for repairs, shall be
ordered or required to perform any duties except such as are or
may be performed by the crew while at sea or in a foreign port.
*
*
*
*
*
*
*
Approved August 22 , 1912.
C ha p t er 350.—Bureau of Labor—Transfer o f duties.
Section 1. Those certain duties of the Department o f Labor, or
Bureau o f Labor, contained in section seven of the act approved
June thirteenth, eighteen hundred and eighty-eight, that estab
lished the same, which especially charged it “ to ascertain, at as
early a date as possible, and whenever industrial changes shall
make it essential, the cost of producing articles at the time duti
able in the United States, in leading countries where such articles
are produced, by fully specified units of production, and under a
classification showing the different elements of cost, or approxi
mate cost, o f such articles of production, including the wages paid
in such industries per day, week, month, or year, or by the piece;
and hours employed per d a y ; and the profits of manufacturers and
producers of such articles; and the comparative cost o f living, and
the kind of living; what articles are controlled by trusts or other
combinations of capital, business operations, or labor, and what
effect said trusts, or other combinations of capital, business opera
tions, or labor have on production and prices,” are hereby trans
ferred to and shall hereafter be discharged by the Bureau of For
eign and Domestic Commerce. * * *
*
*
*
*
*
*
*
Approved August 23, 1912.
C h a pter 351.— Commission on Industrial Relations.
C om m ission
created .
E xp en ses.
P ow ers.
R ep orts.
S ection 1. A commission is hereby created to be called the
Commission on Industrial Relations. Said commission shall be
composed of nine persons, to be appointed by the President o f the
United States, by and with the advice and consent o f the Senate,
not less than three of whom shall be employers o f labor and not
less than three o f whom shall be representatives o f organized
labor. The Department o f Commerce and Labor is authorized to
cooperate with said commission in any manner and to whatever
extent the Secretary of Commerce and Labor may approve.
S ec . 2. The members o f this commission shall be paid actual
traveling and other necessary expenses and in addition a com
pensation of ten dollars per diem while actually engaged on the
work o f the commission and while going to or returning from
such work. The commission is authorized as a whole, or by sub
committees o f the commission, duly appointed, to hold sittings
and public hearings anywhere in the United States, to send for
persons and papers, to administer oaths, to summon and compel
the attendance of witnesses and to compel testimony, and to
employ such secretaries, experts, stenographers, and other as
sistants as shall be necessary to carry out the purposes for which
such commission is created, and to rent such offices, to purchase
such books, stationery, and other supplies, and to have such
printing and binding done, as may be necessary to carry out the
purposes for which such commission is created, and to authorize
its members or its employees to travel in or outside the United
States on the business o f the commission.
Sec. 3. Said commission may report to the Congress its findings
and recommendations and submit the testimony taken from time
to time, and shall make a final report accompanied by the testi
mony not previously submitted not later than three years after
LABOR LEGISLATION OP 1912— UNITED STATES.
217
the date o f the approval of this act, at which time the term of
this commission shall expire, unless it shall previously have made
final report, and in the latter case the term o f the commission
shall expire with the making o f its final report; and the com
mission shall make at least one report to the Congress within the
first year of its appointment and a second report within the second
year o f its appointment.
S e c . 4 . The commission shall inquire into the general condition
D u ties,
o f labor in the principal industries of the United States including
agriculture, and especially in those which are carried on in
corporate forms; into existing relations between employers and
employees; into the effect o f industrial conditions on public wel
fare and into the rights and powers o f the community to deal
therewith; into the conditions o f sanitation and safety o f em
ployees and the provisions for protecting the life, limb, and
health of the employees; into the growth o f associations o f em
ployers and of wage earners and the effect of such associations
upon the relations between employers and employees; into the
extent and results of methods o f collective bargaining; into any
methods which have been tried in any State or in foreign countries
for maintaining mutually satisfactory relations between employees
and employers; into methods for avoiding or adjusting labor dis
putes through peaceful and conciliatory mediation and negotia
tions; into the scope, methods, and resources o f existing bureaus
of labor and into possible ways o f increasing their usefulness;
into the question of smuggling or other illegal entry of Asiatics
into the United States or its insular possessions, and o f the
methods by which such Asiatics have gained and are gaining
such admission, and shall report to Congress as speedily as pos
sible with such recommendation as said commision may think
proper to prevent such smuggling and illegal entry. The com
mission shall seek to discover the underlying causes of dissatis
faction in the industrial situation and report its conclusions
thereon.
S e c . 5. The sum of one hundred thousand dollars is hereby
A p p r o p r ia appropriated out o f any money in the Treasury o f the United tionStates not otherwise appropriated for the use o f the commission
for the fiscal year ending June thirtieth, nineteen hundred and
thirteen: Provided, That no portion o f this money shall be paid
except upon the order o f said commission, signed by the chair
man thereof: Provided, That the commission may expend not to
exceed five thousand dollars per annum for the employment o f
experts at such rate o f compensation as may be fixed by the
commission but no other person employed hereunder by the
commission, except stenographers temporarily employed for the
purpose of taking testimony, shall be paid compensation at a rate
in excess of three thousand dollars per annum.
Approved August 23, 1912.
355.—Plate printers—Rates o f wages— Use of power
presses— Wages of pressmen in the Government Prmtmg Office.
C hapter
S e c t i o n 1.
*
*
*
*
*
*
*
For wages of plate printers, at piece rates to be fixed by the C u r r e n t
Secretary o f the Treasury, not to exceed the rates usually paid rates*
for such work, including the wages of printers’ assistants, when
employed, $1,742,028 [is appropriated], to be expended under the
direction o f the Secretary o f the Treasury: * * *
Hereafter the proviso o f the act o f July first, eighteen hundred
P o w e r
and ninety-eight (Thirtieth Statutes at Large, page six hundred
p er"
and fou r), directing that all bonds, notes, and checks shall be
printed on hand-roller presses shall not apply to checks, the
backs and tints o f all United States bonds, the backs and tints of
all United States paper money, and the backs and tints o f bonds
and paper money issued by any o f the insular possessions o f the
United States, any or all o f which shall be printed from intaglio
BULLETIN OF THE BUREAU OF LABOR.
218
plates and on such plate printing presses as may be directed by
the Secretary of the Treasury, said presses to be operated by
plate printers, except that checks and tints may be printed by
any desired process: Provided, That the backs o f all United
States paper money shall be printed from four-subject plates,
and the faces o f all internal-revenue stamps now printed from
intaglio plates on hand-roller or power plate printing presses
shall continue to be printed from intaglio plates on hand-roller or
power plate printing presses, as the Secretary of the Treasury
may determine, said presses to be operated by plate printers: Pro
vided further, That should the Secretary of the Treasury decide
to print on the aforesaid power plate printing presses any o f the
classes of work hereinbefore permitted to be printed on such
presses, not more than one-fifth of the total number o f hand-roller
presses required to produce the estimated quantity o f such work
in any fiscal year shall be displaced in such fiscal yea r: Provided
further, That the Secretary o f the Treasury may, in his discre
tion, apply motors to hand-roller presses that are now, or may
hereafter be, operated in the Bureau o f Engraving and Printing,
but such presses, if equipped with motors, shall be regarded as
hand-roller presses within the meaning of this act.
*
*
*
*
*
*
*
*
* * Hereafter pressmen [in the Government Printing
Office] shall be paid at the rate of fifty-five cents per hour.
$
*
*
5*5
*
*
*
Approved August 24, 1012.
stitution
C h apter 889.—Post Office Department— Sunday labor—Rewards
for inventions, etc., o f employees—Leave of absence for em
ployees in bag and lock repair shops— Mail cars— Compensation
for injured employees—Publications o f trade unions— Hours of
labor—Membership in unions.
S ection 1.
*
*
*
*
*
*
*
Hereafter post offices o f the first an*d second classes shall not
be open on Sundays for the purpose o f delivering mail to the
general public, but this provision shall not prevent the prompt
delivery of special delivery mail.
*
*
*
*
*
*
*
in v e n tio n s o f
The Postmaster General is hereby authorized to pay, in his disem p ioyees.
cretion, rewards to postal employees whose inventions are adopted
for use in the postal service, and for that purpose the sum of ten
thousand dollars is hereby appropriated: Provided, That not to
exceed one thousand dollars shall be paid for one invention.
*
*
*
*
*
*
*
Annual
Hereafter the employees o f the mail-bag repair shop in Washeave‘
ington, District of Columbia, and Chicago, Illinois, and the em
ployees of the mail-lock repair shop in Washington, District of
Columbia, may be allowed thirty days annual leave o f absence.
*
*
*
*
*
*
*
S ound a n d
No part o f this amount [appropriated for railway post-office
s a n ita ry ca rs. car gervice] shall be paid for the use o f any car which is not
sound in material and construction, and which is not equipped
with sanitary drinking-water containers and toilet facilities, nor
unless such car is regularly and thoroughly cleaned: Provided
further, That after the first o f July, nineteen hundred and sev
enteen, the Postmaster General shall not approve or allow to be
C onstrue-used or pay for any full railway post-office car not constructed
tion*
of steel or steel underframe or equally indestructible material,
and not less than twenty-five per centum o f the railway post-office
cars o f a railroad company not conforming to the provisions of
this act shall be replaced with cars constructed of steel annually
after June, nineteen hundred and thirteen; and all cars accepted
for this service and contracted for by the railroad companies after
P ost
S unday
offices
LABOR LEGISLATION OF 1912----UNITED STATES.
219
the passage of this act shall be constructed of steel: Provided fur
ther, That the Postmaster General is authorized to pay for full
railway post-office cars necessarily used in service by the Post
Office Department from July first, nineteen hundred and eleven,
to March first, nineteen hundred and twelve, when in his judg
ment reasonable and proper effort was being made by railroad
companies to comply with the provisions o f the act of March
fourth, nineteen hundred and eleven, but on account o f insuffi
cient time the requisite work could not be completed on July
first, nineteen hundred and eleven.
*
*
*
*
*
*
*
For acting [railway postal] clerks in place o f clerks or substi- Period o f
tutes injured while on duty, who shall be granted leave o f absence ing^lsability;
with full pay during the period o f disability, but not exceeding ra ilw a y postal
one year, then at the rate o f fifty per centum o f the clerk’s annual clerks,
salary for the period o f disability exceeding one year, but not
exceeding twelve months additional, and to enable the Postmaster
General to pay the sum o f two thousand dollars, which shall be
exempt from payment o f debts o f the deceased, to the legal repre
sentatives of any railway postal clerk, substitute railway postal
clerk, or post-office inspector, who shall be killed while on duty or
who, being injured while on duty, shall die within one year there
after as the result of such injury, one hundred and thirty thou
sand dollars [is appropriated].
*
*
*
*
*
*
*
Acting [sea-post] clerks may be employed in place of clerks or Sea - post
substitutes injured while on duty who shall be granted leave of
s‘
absence with full pay during the period o f disability, but not
exceeding one year, then at the rate o f fifty per centum o f the
clerk’s annual salary for the period o f disability exceeding one
year but not exceeding twelve months additional, and that the
Postmaster General may pay the sum o f two thousand dollars,
which shall be exempt from payment of debts o f the deceased, to
the legal representative o f any sea-post clerk or substitute sea-post
clerk who shall be killed while on duty, or who, being injured
while on duty, shall die within one year thereafter as the result
o f such injury.
*
*
*
*
*
*
*
From and after the passage of this act all periodical publications
issued from a known place o f publication at stated intervals, and un ion s,
as frequently as four times a year, * * * by or under the
auspices o f a trade union, * * * shall be admitted to the mails
as second-class matter, and the postage thereon shall be the same
as on other second-class matter; and such periodical publications,
* * * shall have the right to carry advertising matter, whether
such matter pertains to such * * * trade unions, * * *
or to other persons, institutions, or concerns; but such periodical
publications, hereby permitted to carry advertising matter, must
not be designed or published primarily for advertising purposes,
and shall be originated and published to further the objects and
purposes of such benevolent or fraternal societies or orders, tradesunions, or other societies, respectively; and all such periodicals
shall be formed of printed paper sheets, without board, cloth,
leather or other substantial binding, such as distinguish printed
books for preservation from periodical publications: Provided, Provisos.
That the circulation through the mails of periodical publications
issued by, or under the auspices of, benevolent or fraternal soci
eties or orders, or trades-unions, * * * as second-class mail
matter, shall be limited to copies mailed to such members as pay
therefor, either as a part o f their dues or assessments, or other
wise, not less than fifty per centum o f the regular subscription
price; to other bona fide subscribers; to exchanges, and ten per
centum o f such circulation as sample copies: Provided further,
That when such members pay therefor as a part o f their dues or
assessments, individual subscriptions or receipts shall not be re
quired: Provided further, That the office of publication of any
220
BULLETIN OF THE BUREAU OF LABOR.
such periodical publication shall be fixed by the association or
body by which it is published, or by its executive board, and such
publication shall be printed at such place and entered at the near
est post office thereto.
*
*
*
*
*
*
*
E igh t - hour
S e c . 5. On and after March fourth, nineteen hundred and thircarriers.
teen» letter carriers in the city delivery service and clerks in first
and second class post offices shall be required to work not more
than eight hours a d a y : Provided, That the eight hours o f service
shall not extend over a longer period than ten consecutive hours,
and the schedules o f duty of the employees shall be regulated
accordingly.
Overtime.
In cases o f emergency, or if the needs of the service require,
letter carriers in the city delivery service and clerks in first and
second class post offices can be required to work in excess o f eight
hours a day, and for such additional services they shall be paid
extra in proportion to their salaries as fixed by law.
Weekly day
Should the needs o f the service require the employment on
of rest.
Sunday of letter carriers in the city delivery service and clerks in
first and second class post offices, the employees who are required
and ordered to perform Sunday work shall be allowed compen
satory time on one of the six days following the Sunday on which
they perform such service.
P e r m ission
S e c . 6 . * * * Membership in any society, association, club, or
t 0 tion s organi" other form o f organization o f postal employees not affiliated with
za
*
any outside organization imposing an obligation or duty upon them
to engage in any strike, or proposing to assist them in any strike,
against the United States, having for its objects, among other
things, improvements in the condition of labor of its members, in
cluding hours o f labor and compensation therefor and leave of
absence, by any person or groups o f persons in said postal service,
R i g h t o f or the presenting by any such person or groups or persons o f any
petition.
grievance or grievances to the Congress or any Member thereof
shall not constitute or be cause for reduction in rank or compen
sation or removal o f such person or groups o f persons from said
service. The right o f persons employed in the civil service o f the
United States, either individually or collectively, to petition Con
gress, or any Member thereof, or to furnish information to either
House o f Congress, or to any committee or member thereof, shall
not be denied or interfered with.
Approved August 24, 1912.
C hapter 390.— Compensation for injuries of employees on the
Isthmian Canal and the Panama Railroad.
Section 5.
*
*
*
*
*
*
*
System t o
The President shall provide a method for the determination and
be provided.
adjustment o f all claims arising out of personal injuries to em
ployees thereafter occurring while directly engaged in actual
work in connection with the construction, maintenance, operation,
or sanitation o f the canal or o f the Panama Railroad, or o f any
auxiliary canals, locks, or other works necessary and convenient
for the construction, maintenance, operation, or sanitation of the
canal, whether such injuries result in death or not, and prescribe
a schedule of compensation therefor, and may revise and modify
such method and schedule at any time; and such claims, to the
extent they shall be allowed on such adjustment, if allowed at
all, shall be paid out o f the moneys hereafter appropriated for
that purpose or out of the funds o f the Panama Railroad Com
pany, if said company was responsible for said injury, as the
case may require. And after such method and schedule shall be
Acts super- provided by the President, the provisions of the act entitled “An
seded.
act granting to certain employees o f the United States the right
to receive from it compensation for injuries sustained in the
course o f their employment,” approved May thirtieth, nineteen
LABOR LEGISLATION Ofr^ 1912— -UNITED STATES.
221
hundred and eight, and o f the act entitled “An act relating to
injured employees on the Isthmian Canal,” approved February
twenty-fourth, nineteen hundred and nine, shall not apply to
personal injuries thereafter received and claims for which are
subject to determination and adjustment as provided in this
section.
Approved August 24, 1912.
RESOLUTIONS.
S enate Resolution No. 231.— Condition o f mill workers in Law-
rence, Mass.
The Secretary o f Commerce and Labor is hereby requested to Bureau o f
obtain and report to the Senate, through the Bureau o f Labor, ifstisate0 in
full information concerning the condition of the mill workers in
g *
Lawrence, Massachusetts, their wages and conditions of living;
also what approximate percentage o f these employees are subjects
of foreign countries, and o f what foreign countries.
Agreed to May 7, 1912.
H ouse Resolution No. 547.— Miners' strike in Westmoreland
County, Pa.
The Secretary o f Commerce and Labor is hereby requested to Report
transmit forthwith to the House o f Representatives, if not incom- quested*
patible with the public interests, any information in his posses
sion, obtained through special agents or otherwise, concerning the
miners’ strike in the bituminous coal field in Westmoreland
County, Pa., in the years 1910 and 1911.
Agreed to June 8 , 1912.
re
House Resolution No. 578.—Price o f anthracite coal.
The Secretary of Commerce and Labor is hereby directed to Elements of
obtain and report to the House o f Representatives full informa- c
tion concerning the different elements of cost and profit included
in the present high price o f anthracite coal, specifying as far as Cause of inpracticable how much and in what particulars the coal miners crease in price,
were benefited by the recent strike agreement and how much and
for what reasons and by what means the cost o f coal to the gen
eral consumers was at the same time increased.
Agreed to July 29, 1912.
CUMULATIVE INDEX OF LABOB LAWS AND DECISIONS RELAT
ING THERETO.
[This index covers the Twenty-second Annual Report of the Commissioner of Labor, which is a eomllation of the labor laws, both Federal and State, in force at the close of the year 1907; it also covers labor
ws subsequently enacted and published in Bulletins 85, 91, 97, and 111. Many of the laws contained in
the Twenty-second Annual Report are followed by brief notes on the decisions of courts relating to them.
Similar decisions reproduced in the Bulletin since the publication of the Twenty-second Annual Report are
indexed under the appropriate headings, and are indicated by the letter “ D ” m parenthesis following the
name of the State. Opinions of the Attorney General on the construction, etc., of labor laws are similarly
indexed, and are indicated by abbreviation “ Op.” in parenthesis.]
g
Twentysecond
Annual.
Page.
Abandonment of employ
ment. (See Contracts
of employment.)
Abandonment of locomo
tives, etc. (See Strikes
of railroad employees.)
Absence, leave of. (See
Leave of absence.)
Accident insurance:
Connecticut..............
Idaho.......................
Indiana....................
Michigan...................
North Carolina.........
North Dakota...........
Oregon......................
South Carolina.........
Washington..............
Wisconsin.................
(See also Insurance,
employers’ liabil
ity.)
Accidents, industrial, re
ports and investiga
tion of:
California..................
Connecticut..............
Illinois....
Indiana...
Kansas__
Louisiana.
Maine.......
No.
Page.
1000,1001
646
1053
1133
1246,1247
1248
1281
194
1364
809,810
1399
72-74
111
525
85
85
550
375{ 97
1011
399
*85* ‘ *577*578
85 600,601
.1102
97
626
85
Massachusetts..
594 97{ 1128,1132
1133
111 106,122
Minnesota..
674 85 641-643
Missouri....
720
Nebraska.
97
1188
1227
97
New Jersey...............871,872
111 154,155
New York
914 91 1089,1090
Ohio.............
97 1249,1250
Oklahoma....
717
85
Oregon.........
97 1275,1276
Pennsylvania
1079,1179
Rhode Island
1209
1249
Washington..
*97* .......i.376
Wisconsin..
1409 97
1408
(See also Inspection of
factories, etc.)
Twentysecond
Annual.
Bulletin.
Page.
Accidents in mines, re
ports and investigation
of:
Alabama...................
Arizona....................
Arkansas..................
Colorado...................
Idaho.......................
Illinois......................
Indiana....................
Iowa.........................
Kansas......................
Maryland.................
Michigan...................
Minnesota.................
Missouri....................
Montana...................
Nevada....................
New Mexico.............
New York................
North Carolina.........
Ohio.........................
Oklahoma.......
Pennsylvania.,
South Dakota..
Utah.................... .
Virginia....................
Washington..............
West Virginia...........
Wyoming.................
United States...........
(See also Mine regu
lations.)
Accidents on railroads,
etc., reports and inves
tigation of:
Alabama...................
Arizona....................
Bulletin.
No.
923-925
49,50
125,126
150
206,217
310,311
366
413
437
465,466
554
1177,1178
673,674
165
686,687
qoq
967,968
/
988\
\ 991,992/
/1085,1086\
\1106,1107/
1237,1238
1249
1317
1348,1349
1400,1401
1451,1460
1525,1537
1136
97
731
1111
1114,1119
727
1296,1324
1335,1336
111
205,206
130
64
510
947
71,72
965
986
1049
California.
Colorado.........
Connecticut__
Indiana...........
Iowa................
Kentucky........
Massachusetts..
Michigan.........
Minnesota.......
Montana.
Nevada..............
New Hampshire.
227
235
419,429
451
494
618,619
670
691
708
795,796
825
640,641
1193
1209,1210
223
224
BULLETIN OF THE BUREAU OF LABOB.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
No.
Accidents on railroads,
etc., reports and inves
tigation of—Concluded.
New Jersey...............
874,875 97
New York................
959,9G0
North Dakota...........
985,986
Ohio......................... 1037,1038
1062 97
Oregon.................
1188
Tthodft Tsland . . .. ..
111
South Carolina.......... 1225,1226
85
Vermont................... 1328,1329 85
1333,3334
Washington.............. 13C6,1368-f 85
97
Wisconsin....
1433 97
1512-| 91
97
Accidents on vessels, etc.:
MiiVhigsvn
85
Accidents, provisions for:
Alabama... .
123 97
111
Arizona.....................
Arkansas__ .
158
TiMr»o*s
367 97
414 85
Indiana................
97
Iowa.............
Maryland............
560
624
Massachusetts
668
Michigan.. ...........
85
Montana................... ................./ 97
I
New Hampshire.......
97
New Jersey...............
97
111
New Mexico.............
North Carolina..........
97
Ohio.........................
1031 91
Oklahoma................
85
Pennsylvania.......... 1096,1126 97
Page.
1221
1282
182,183
........ 770
790
795
1381
1409
1157,1158
1430
633
937
50,51,57
i039,i640
564
1076
664
1176
1201,1202
1222
164
1245
1117,1118
736
1317,1318
1334
1147
91
Porto Rico................
Utah
1319
Washington.............. 1350,1351
Wyoming.................
1453
(See also Mines, fire
fighting and rescue
stations for.)
Actions for injuries. (See
Injuries.)
Actions for wages. (See
Suits for wages.)
Advances made by em
ployers. (See Employ
e d advances, etc.)
Age not ground for dis
charge:
202
Colorado...................
Age of employment of
children.
(See Chil
dren, etc.)
Age of employment of
telegraph operators on
railroads. (See Tele
graph operators, etc.)
Agents, emigrant. (See
Emigrant agents.)
Aid societies. (See Bene
fit societies.)
Air, compressed, work in:
New York................
85
Air space required in
workrooms:
85
Arizona.....................
Tllinms......................
85
Tndifyna....................
400
Maryland..................
540,541
662
Michigan...................
Twentysecond
Annual.
Bulletin.
687,688
499
547,548
Page.
Air space required in
workrooms—Concld.
Minnesota.................
New Jersey...............
New York................
Ohio......................
Pennsylvania...........
Wisconsin.................
(See also Factories
and workrooms.)
Alien contract labor:
Delaware...................
Hawaii......................
Indiana.....................
Virginia....................
WvnminP‘
United States...........
United States (D)
(See also Coolie labor.)
Alien laborers, employ
ment of, in fisheries:
District of Alaska___
Alien laborers, protection
of:
Connecticut..............
New York................
Wyoming.................
Aliens, commission on:
New York................
Aliens, employers of, to
deduct taxes from
wages:
Pennsylvania...........
Aliens, employment of,
on public works:
Arizona.....................
C^.Cklifnftii &
Hawaii......................
Idaho........................
Idaho (D).................
Massachusetts...........
New Jersey...............
New York................
Pennsylvania...........
Wyoming.................
(See also Chinese,
e m p l o y ment of;
Public works, pref
erence of resident
laborers on.)
Aliens, right of, to recover
for injuries causing
death:
New Jersey (D )........
Pennsylvania (D)
American Museum of
Safety:
New York................
Antitrust act:
863
914,918
1012
1163,1178
1424
Bulletin.
No.
85
Page.
647
262
299
394,395
1332
1446,1447
1532,1533
**248,'249
................./I *92'
95 289-291
263
238
1447
91
1097-1099
85
681,682
1169
111 36,61,71
162,163\
\ 177,178/
300 85
534
/ 308,318\
\ 321,322/
98 479,480
594
858
902,903
1162
1444
j
90
84
833,834
418-420
97 1231,1232
93
84
New York (D )..........
Texas........................ 1290,1291
United States........... 1513,1514
80
J 96
United States (D)
I 98
Antitrust act, labor or
ganizations not In
cluded under:
85
California..................
Louisiana..................
510
Michigan...................
648
785 85
Montana...................
808
Nebraska..................
1432
Wisconsin.................
633,634
427-136
124-138
780-786
481,482
511
664
225
CUMULATIVE INDEX OF LABOR LAWS.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
No.
y, In fact
ories. (See Guards for
dangerous machinery.)
Appliances, safety, on
railroads. (See Rail
roads, safety appli
ances on.)
15-33
Apprentice laws, digest of.
Arbitration and media
tion:
Alabama...................
178,179
California................ .
190
Colorado................. .
243,244
Connecticut..............
Georgia...................
308\
Idaho......................
314-318/
Illinois—
326-329
Indiana...
463,454
Kansas—
507-509
Louisiana.
Maine.......
535,536\
Maryland...............
576,577/
590-592
Massachusetts........
630-632
Michigan................
676,677
Minnesota..............
Missouri.................
741-743
772-775
Montana................
825-627
Nevada..................
New Hampshire...
New Jersey............
841-644
New York.............
924,925
1018-1021
Ohio......................
1038,1039
Oklahoma.............
Pennsylvania........
1069-1075
Philippine Islands.
1279-1281
Texas.....................
Utah...................... /1302,13031
\1307,1308/
Washington..
1364
1430-1432
Wisconsin...
1444
1515-1519
Armed guards, hiring:
145,146
Arkansas..............
Colorado...............
344
Illinois.................
Massachusetts----Oklahoma............
Tennessee.............
1277
1442
Wisconsin............
Assignment oi wages:
Alabama..............
Arkansas..............
Colorado..............
227-229
Connecticut..........
246,247
Delaware.............
297
Georgia................
Georgia (D )..........
329,330
Illinois.................
Illinois (D)...........
391,418
Indiana................
443
Iowa.....................
Kentucky............
522
Louisiana.............
531
Maine...................
536,537\
Maryland.
547,548/
Massachusetts..
Page.
920,921
97
'5i5,*5i6
97
993,994
85
604,605
97
1142
1210-1212
675
85
712,713
85
757
97 1418,1419
97
1432
97
85
719
921
942
522,523
85
616,617-
530,531
*465*466
'm-'m
562,563
***79,*80
1062
615,625
1077
1122
Massachusetts (D ).
116
405,406
291,292
Minnesota..............
1145
70244°—Bull. I l l —13------15
Twentysecond
Annual.
Bulletin.
Bulletin.
No.
Assignment of wages—
Concluded.
Missouri..................
Montana...................
New Hampshire___
New Jersey...............
New York............... .
Ohio.........................
Pennsylvania.......... .
Rhode Island..........
Vermont......
Washington..
Wisconsin...
(See also Payment of
wages.)
Assignments of claims to
avoid exemption laws.
(See
Exemption of
wages.)
Associations,cooperative,
list of laws relating to...
Associations of employ
ees. (See Benefit socie
ties.)
Attachment of wages:
Connecticut..............
Pennsylvania............
Attorneys* fees in suits
for wages. (See Suits
for wages.)
832
850
902,951
1144
1217
1252,1253
1437
Page.
1150
1156,1157
1085,’ i086
1237,1238
1257,1258
754
762,763
792
813
88-93
229,230
1144
B.
Badges, etc., of labor or
ganizations. (See La
bor organizations, etc.)
Bakeries, hours of labor
of employees in. (See
Hours of labor.)
Bakeries, inspection, etc.,
of. (See Inspection,
etc.)
Bankruptcy:
United States........... 1520,1521
Barber shops, inspection
of. (See Inspection,
etc., of barber shops.)
Barbers, examination,
etc., of. (See Examina
tion, etc.)
Barrooms, payment of
wages in. (See Pay
ment of wages in bar
rooms.)
Basements. (See Cellars,
etc.)
Benefit societies:
Arizona.....................
37,38
Massachusetts...........
618,619
Michigan...................
645,646
634,635
Ohio.........................
986
Philippine Islands... 1190-1192
1235
South Carolina..........
111 .......194
Benefit societies, forced
contributions for. (See
Forced contributions.)
Blacklisting:
130
Alabama...................
Arizona.....................
111 36,59,60
Arkansas..................
157
Colorado...................
224
526
Connecticut.
23l{
987
Florida.......
279
Illinois........
331)332
226
BULLETIN OF THE BUREAU OF LABOR.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
No.
Page.
Blacklisting—Concluded.
393,394
Indiana.....................
446
Iowa.............. ..........
457
Kansas.....................
674\
Minnesota.........
{ 675,689]
Mississippi........
648
85
Missouri.......... .
711,712
Montana...........
779,786
Nevada.............
824,825
New Mexico___
158,159
North Carolina..
696
North Dakota...
971,983
Oklahoma....... .
1041,1042
Oregon..............
1055
/1287-1289\
Texas..............
782,783
\1294-1296/ 85
Utah......................... 1303,1309
Virginia....................
1339
Washington.............. 1356,1357
Wisconsin................
1441
United States........... 1518,1519
(See also Interference
with employment,
and cross refer
ences.)
Blasting in mines. (See
Mines, blasting, etc.,
in.)
Boarding houses. (See
Lodging houses.)
Boards of arbitration,etc.
(See Arbitration of la
bor disputes.)
Boatmen. (See Seamen.)
Boilers, creating an un
safe amount ofsteam in.
(See Negligence of oper
ators, etc.)
Boilers, steam, inspec
tion of. (See Inspec
tion, etc.)
Bonds, contractors’, list
of laws relating to........
79-81
Bonds of employees:
Arizona.....................
38,39
Arkansas...................
943,944
Georgia.....................
75
Idaho........................
1001
Louisiana.................
Massachusetts...........
594
New Mexico..............
881,882
Oklahoma.................
91 1145,1146
Boycotting:
Alabama...................
130
Colorado...................
224
Illinois......................
331,332
Indiana....................
382,383
Texas........................ 1290,1291
(See also Interference
with employment,
and cross refer
ences.)
B r a k e m e n , sufficient
number of. (See Rail
road trains, sufficient
crew required on.)
Brakes on railroad trains.
(See Railroads, safety
appliances on.)
Bribery, etc., of employConnecticut.
Indiana.......
Iowa...........
Maine..........
247,248
423
452,453
532
Twentysecond
Annual.
Bulletin.
Bulletin.
No.
Bribery, etc., of employ
ees—Concluded.
615 111
Massachusetts...........
107
Michigan...................
666,667
Nebraska..................
816,817
New Jersey...............
676
New York................
956,957
Rhode Island........... 1223,1224
1235
South Carolina.........
1342
Virginia....................
Washington..............
1372
802,803
Wisconsin.................
1442
Bribery of representa
tives of labor organiza
tions:
97 1212,1213
New Jersey...............
New York................
956
Brickyards, hours of la
bor of employees in:
New York................
900,930
Bridges over railroad
tracks. (See Railroad
tracks, etc.)
Building associations of
organized labor:
New Jersey...............
845
New York................
Buildings, protection of
employees on. (See
Protection of employ
ees, etc.)
Bureau, children's:
111
210
United States...........
Bureau of industries and
immigration:
New York................
1097-1099
Bureau of labor:
504
182-184/
California................ .
947,964
Colorado___
514-516
189,190
Connecticut.
Georgia........
*992^994
299
Hawaii........
996-998
307\
Idaho..........
311-313/
544,545
Illinois........
330
Indiana........
403,404
Iowa...........
433-435
........574
475-479\
Kansas........
484/i
Kentucky........
487-490
78,79
Louisiana........
587,588
519
601-603
Maine..............
525,526/
1096-1099
Maryland........
548,549
Massachusetts..
Michigan...
Minnesota..
Missouri__
Montana.............
Nebraska............
New Hampshire.
New Jersey.........
New York.
North Carolina..
North Dakota...
*6i5^>i7
111
60S, 609j
119-122
635,636
633-635
699-701
646
736,737
763\ 85
663
770-772/
803-805
835 97 121<M2i2
846,8561
858,859
149-151
111
85
91 1097-1099
1236
905-907< 97{ 1241,1242
174
111- 176-178
965,966
971-973
227
CUMULATIVE INDEX OF LABOR LAWS.
Cumulative index of labor laws and decisions relating thereto— Continued.
Twentysecond
Annual.
Page.
Bureau of labor—Cone]d.
Ohio.........................
Dlrlahnmn.
Oregon......................
■pp/rmsylvn.nm, _ _ . .
Philippine. Islands__
Porto feico................
Rhode Island
South Carolina..........
Tennessee.. . _______
Texas........................
TTtaii..
Virginia. _ ____
Washington.............
West Virginia.. . . . . .
Wisconsin........
No.
Page.
I I I !
II
f
994-997
711-718
1038/ 85
1272
y;
1058-1060
1137
85 756,757
111 181,182
1210,1211
85 766-769
.......... ^r 111
194,195
1248-1250
85 775-777
.......... f 97
1350
1355
1321,1322 97
f
1331\
11336,1337/
799
1359-1361 85
1381,1382
85 810,811
9^ 1415—
1423
91
1159
United States...........
111
216
Bureau of. mercantile in
spection:
New York................
85
689
Bureau of mines:
Colorado...................
211-214 97 966,967
T .A
IIIClQTkQ
1062
91
Missouri....................
731,732
Pennsylvania........... 1151-1154
Virginia....................
111 197,198
West Virginia........... 1390-1393
I
1158
.......... \< 91
United States........... ..............
1432
97
(See also Mine em
ployees,
associa
tions of.)
Bureau of public print
ing. (See Public print
ing office.)
C.
Caissons, etc., work in:
New York................
Candidates for office, pro
tection of employees as:
W ttatyi m<y
Cause of discharge. ( See
Discharge, statement of
cause of.)
Cellars and basements,
use of:
California
Connecticut..............
Illinois......................
Indiana.....................
Miohiwin
Minnesota.................
Missouri....................
*NTa w J p r Q P v
New York................
Ohio.........................
Oklahoma
Wisconsin.................
Certificates, employers’.
(See Employers’ certifi
cates.)
Charges, false,against rail
road employees. (See
Railroad employees,
etc.)
111
168-170
85
503
1447
233
376
385
654
Twentysecond
Annual.
Bulletin.
85
644
85
656
97
1229
869-f 111
151
918,921 97 1239,1240
1011
97 .......i270
804
1417 85
Page.
Chauffeurs, examination,
etc., of:
New York.................
Checks, payment of
wages in. (See Pay
ment of wages in scrip.)
Child labor, national
committee on, incor
poration of:
United States........
Child-bearing wo men,
employment of:
Massachusetts...........
Children and wo me n ,
commission on employ
ment of. (^C om m is
sion.)
Children and women, de
ductions from wages of:
Massachusetts...........
Children and women, em
ployment of, general:
Maine........................
Massachusetts...........
Michigan...................
Minnesota.................
New York.................
Pennsylvania...........
Children and women, em
ployment of, in mines:
Alabama...................
Arkansas..................
Colorado...................
Illinois......................
Indiana.....................
Maryland..
Missouri....................
New York.............
Oklahoma.................
Pennsylvania...........
Utah.........................
Virginia....................
Washington....
West Virginia..............
Wyoming..................
(See also Children,
etc.; Women,etc.)
Children and women,
hours of labor of:
Connecticut..............
Georgia.....
Louisiana .
Maine.......................
Maryland..
Bulletin.
No.
Pnge.
91 1095,1096
1533
97
1104
604
1103
527,528 97
85 622-624
595-60oj 97 1104,1105
111
106
629
...............<( 85
97 1138-1141
646
.......... |} 85
1142
97
925-928
1175-1177
97
940
97
1040
85
97
740
1320
111
1348 85
1400
/
1443\
\1445,1446J
205
798
126
149
205
364
418
560
730
924
1039
1084,1098
1303,1309
527,528
250,25l{ 85
«700t QCQ
«70<7
I 97 QOC
992
97
522 85 597,598
601
527< 85
97
1096
549
r *85* *622^623
Massachusetts...........
595< 97 1105,1109
1 111 106,107
Massachusetts (D)
99 715-717
85
636
Michigan...................
658/ 97
1138
I
Michigan (D )___
93 649,650
New Hampshire.......
831,832
New Jersey...............
850
New York................ I\ 925,926/
9lQ\ 111 175,176
North Dakota...........
984,985
Oklahoma.................
1040
Pennsylvania...........
1175
228
BULLETIN OF THE BUREAU OP LABOB.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Bulletin.
No.
Children and women,
hours of labor of—Con.
f
1210\ 85
Rhodft Island____ \1216,1217J
South. Dakota...........
Tennessee..................
1278
Virginia _
1338,1339 111
Wisconsin.................
1425
(See also Children,
hours of labor of;
Hours of labor in
general e m p l o y
me nt s ; Women,
hours of labor of.)
Children and women,
wages of:
Massachusetts...........
604 111
(See also Earnings of
married wo me n ;
Earnings of minors;
Women’s wages.)
Children, corporal pun
ishment of, by em
ployers:
289
Georgia.................
Children, earnings of. (See
Earnings of minors.)
Children employed, cer
tificates, registers, etc.,
of:
131,132
Alabama...................
138,139 iii*
Arizona.....................
161,162 85
Arkansas..................
California..................
180,181 97
221 97
Colorado...................
242 97
Connecticut..............
Delaware..................
261,262 85
District of Columbia..
275,276
TFl/vrirla
285
298
Georgia.....................
324
Idaho........................
335-338
Illinois......................
TnrHqnq.........................
397,398
448
Iowa.........................
Kansas.........................
482 85
Kentucky............... .
503 85
85
Louisiana.................
528? 85
Maine........................
97
546 111
Maryland..................
Massachusetts...........
596-598 97
Michigan...................
658,659^ 85
97
Minnesota.................
696-698 111
85
(
MlCQICClTM^l
111
75€L\
Missouri.................... /\ 753—
762/ 97
Montana...................
771
811-814
Nebraska..................
829,832
New Hampshire.......
97
/
860\
\ 861,875/ 97
"\Tati7 *V*nrlr
QOR-Qin/ 85
97
New York (D )..........
80
North Carolina..........
962,971
North Dakota...........
976 85
10061 85
Ohio......................... /\1007,1026/
Oklahoma.................
85
Oregon...................... 1053,1054 97
85
_Jt'ennsyivama...........
.
1176,1177 97
Page.
763
208,209
116-118
43-47
501,502
958-960
969-971
983,984
529,530
576,577
583,584
598,599
606-609
1102
91-94
1104
636,637
1138-1141
140,141
649
146
1146-1149
1204,1205
1219
684
1244
143,144
697,698
701,702
741-743
1277,1278
750-752
1283,1284
1320,1338
1339
1342
Rhode Island........... 1206-1208 97
Twentysecond
Annual.
Page.
Bulletin.
No.
Page.
Children employed, cer
tificates, registers, etc.,
of—Concluded.
767
South Carolina.......... 1234,1235/ 85
1344
97
1349
97
Tennessee.................
Utah.........................
97 1357,1358
1325 97 1359,1360
Vermont...................
85
791
Virginia....................
Washington......
1377
97 1386,1387
West Virginia...........
85 805,806
1404
Wisconsin................. 1426,142?| 97
1409-1414
Children e m p l o y e d ,
schools for:
97
919
Alabama...................
97
1131
Massachusetts...........
Wisconsin............
97
1425
Children, employed, seats
for. (See Seats for em
ployed children.)
Children, employment of,
age limit for:
131
Alabama
35,42
111
Arizona.....................
161
Arkansas .
179-181 97
957
California..................
967
203 97
Colorado...................
233,242 97 983-985
Connecticut..............
261
528
85
Delaware...................
274
District of Columbia.
*§i* ‘ *4i6*4i7
Dist.of Columbia (D).
Florida..................... ..........285*
297,298
Georgia.....................
323
Idaho........................
335
Illinois. .
r
149,150
Illinois (D)................ .............. { 83
96 850-852
Indiana........................
397 97 1055,1056
574
448 85
Iowa.........................
Kansas.........................
482 85
576
583
503 85
Kentucky ..
/ 82 662-664
.............. \ 95 298-300
522 85
596
Louisiana..................
Louisiana (D)...........
87 650,651
/
527\
606
Maine........................ \ 528,534/ 85
Maryland..................
549 111 90,94,95
Massachusetts...........
596,613 85 623,624
874,875
Massachusetts (D)
88 \/ 884,885
Mjnhigan...................
658 85
636
Michigan (D)............
99
709
696 111
140
Minnesota.................
649
85
Mississippi................ ................. { 111
146
7131 97
Missouri.................... /\ 752,753/
i 146
Montana...................
797,798
Nebraska..................
811
New Hampshire.......
829 97
1203
1218
New Jersey...............
860 97
683,684
/
907l
85{
New York............
688
\ 908,926| 97
1244
New York (D ).......
80 143,144
9621
North Carolina.......... /\ 970,971/
North Dakota
971 85
697
Ohio..................
1025,1026 85
701
Ohio (D)...................
88 868-871
Oklahoma.................
1039 85
740
746
Oregon......................
1052/ 85
97 1275,1277
1175 85 748,749
Pennsylvania............
229
CUMULATIVE INDEX OF LABOB LAWS.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Children, employment of,
age limit for—-Concld.
Pennsylvania (D )...
Rhode Island..........
South Carolina........
South Dakota..........
Tennessee................
Texas......................
Utah........................
Vermont..................
Virginia...................
Washington.............
West Virginia...........
West Virginia (D)....
Wisconsin.................
(,See also Children
and women, em
ployment of, in
mines;
Children
employed, certifi
cates, registers, etc.,
of; Cnildrenof wid
ows, d e p e nd e nt
parents, etc.)
Children, employment of,
fraud in:
North Carolina..........
Children, employment of,
general provisions for:
Alabama.
Arizona...
Arkansas..
California.
Colorado.
Connecticut..............
Delaware..................
District of Columbia.
Dist.of Columbia ( D).
Florida.....................
Georgia.....................
Hawaii......................
Idaho.......................
Illinois......................
Indiana....................
Iowa.........................
Kentucky..
Louisiana..
Maine........
Maryland..
Massachusetts..
Michigan...
Minnesota..
Montana.
No.
Bulletin.
No.
Page.
Children, employment of,
— leral provisions for—
1206,1207
1233
1246,1247
1253
1288
1325,1326
1339
1373
1379
1425,1426
142,143
642-645
1147
1343
1348
1351
1357
1359,1360
791,792
800
1386
307-311
1403,1410
Nebraska............
{ 8II-8I5}
Nevada..............
New Hampshire..
New Jersey........
/ 859-861
\ 875,876
New York.
/ 892-894]
\ 907-9111
North Carolina..
670,671
1191
1203-1205
678,679
1218-1221
682-685
1089
1244,1245
172
962,963\
970,971/
North Dakota...
Ohio..........
Oklahoma.
Oregon......
Pennsylvania.
963
131,132 97
138,139 111
85
161,11
97
179-181 85
97
190,191
202,2031 97
220, 221J
940
42-47,60
501,502
944,945
508-510
957-961
967-974
231,2321
983-985
242,243J 97
261,262 85
528,530
269,270\
274r-277J
81
416,417
283\
285,286/
297,298
97
323-325
335-3391
561
374,375j
3971
1055,1056
398,401
448,449"
576*577
487
583-586
502-504
1060,1061
605-609
546,547\
549-552/
578J
595-600
616,622
623
658
659,666
671\
696-699/
703{
Missouri..
Twentysecond
Annual.
Bulletin.
751-756
760-762
771,772\
794,795/
1102
86-99
1072,1073
103
636-638
1137,1138
140-143
649,650
146,147
654
1145-1149
1181
Porto Rico.......
Rhode Island..
South Carolina.
Tennessee........
Texas..............
Utah................
Vermont........
Washington__
West Virginia..
Wisconsin...... .
(See also Children and
1249
701-704
1138-1140
740-743
1277-1279
748-753
1283,1284
f1006, II
\1009,1010
11025,1026]
1052-1055
/1146-1148]
\1175-1177
1199
1206-1208
1233-1235
1147-1149
1343,1344
771-773
1288,1289
1357,'1358
790
1359,1360
795,796
1386,1387
805-809
1409-1414
1425
1325,1326-/
1377
1379
/
1402!
\1425-1429]
wom en.)
Children, employment of,
Arizona.....................
Connecticut..............
District of Alaska___
Georgia.....................
Hawaii......................
Idaho........................
Illinois......................
Indiana.....................
Maryland..................
Massachusetts...........
Michigan...................
New Hampshire.......
New York................
Pennsylvania...........
South Dakota...........
Texas........................
Utah. - ..................
Vermont...................
Wisconsin.................
Children, employment of,
in certain occupations
forbidden:
Arizona.....................
California..................
Colorado...................
Connecticut..............
Delaware..................
District of Columbia..
Florida.....................
Georgia.....................
Idaho........................
Illinois......................
143
234
263
294
307
325
339
381
545
580
658
838
1084
1239
1297
111
171
97
1354
1355,1357
97
” 1416
111
35,42
43,45
1329
171,172
190,191
230
255
264
281,282
294
324,325
333\
338,339/
*967-969
984,985
230
BULLETIN OF THE BUBEAU OF LABOR.
Cumulative index of labor laws and decisions relating thereto—Continued.
Tw entysecond
Annual.
Bulletin.
No.
Page.
Page.
Children, employment of,
in certain occupations
forbidden—Concluded.
J
380\
\ 381,3991 97
445,448'
493,503
K entucky....................
85
513,514]
MfvrnA.. . , ....... ...........
M ich igan.................
M innesota...................
Montana......................
Nebraska.....................
New* Hampshire........
N ew Jersey.................
O hio........... .................
Oklahoma.
Pennsylvania.............
1056
585,586
600
80,82
83,94
95
m l
{
534
542 111 *“ *90*91
599,600 91 1073,1074
638,1138
658,659/ 85
1140
97
687,699 111
142,143
'652
/ 712,721 80
1148
\
755 97
785
815
833
856,863
/ 889,913 85
685,686
1088
\
915 91
699
85
J
1249
.................t 97
702,703
85
1025-f 97
1254
740
1039 85
fl083-1085) 85
748,749
•{1079,1096 > 95
1336
I
1176)
I
1202
Porto R ic o .............. .
Rhode Island.............. /1209,121o\
\
1216/
T xitinnCQOA
1289
Utah
ATlt
Viroinio
Washington.................
West Virginia.............
767
85
97 1348,1349
97
1351
=58
97 1357
iuul , 13
IwuO
97 1359,1360
1340
II 1
m il
.85
W icnnncin
W yom ing....................
(See also Children,
em ploym ent of, to
clean m oving ma
chinery.)
Children, employment of,
in mines:
A VI*7ATICl
Colorado......................
Idaho ......................
TnriioTto
Kansas......................... !
Louisiana
i
Minnesota
Montana
North Carolina
North Dakota.............
O hio.............................
Oklahoma
Oregon
!
|
1
i
i
:
203
308
381
439,448
466,482
696
763
966
971
992
800
805,806
85
97 1409-1412
111
97
35,56
968
---- !................
85
85
85
85
576
583
596
636
85
91
85
738,740
697
1120
1052
75i - 753
*85
Pennsylvania............. 1 1172-1175j 97 1284,1338
1339
1238
South Dakota............. 1
'97' ........1.349
Tennessee....................
1289 1 97
1351
Texas...........................
791
1 85
Virginia.......................
Twentysecona
Annual.
Page.
Bulletin.
No.
Page.
Children, em ploym ent of,
in mines—Concluded.
W est Virginia............. 1379,1400
Wisconsin....................
1426
1524
United States.............
(See also Children and
wom en.)
Children, employment of,
in street trades:
Ill
45,46
Arizona........................
District of Columbia.
276,277
992
97
Georgia........................
f 91
1063
Maryland.................... .................■! 111
95-97
/
578 91
1074
Massachusetts............. \ 579,621 97
1120
111
Minnesota....................
143
Missouri.......................
97
1148
N evada........................
97
1197
New Hampshire........
97
1203
97 1229,1230
New Jersey
N pw Ynrk
928-930 91
1091
91
1138
Ohio
85
740
Oklahoma
1279
Oregon.........................
97
111
Rhode Island.............
183
111
South Carolina...........
195
U tah.............................
97 1357,1358
806-809
f 85
1403,1404
Wisconsin.................... .................}
|
1414
I
I
Children, hiring out, to
support parents in idle
ness:
Alabama......................
138
294
Georgia........................
521
Louisiana....................
Mississippi..................
708
963,964
North Carolina...........
Tennessee....................
1278
85
781
Texas...........................
1332
Virginia.......................
Children, hours of labor
of:
Alabama-..................
131
111
35,45
Arizona........................
161
Arkansas
........
179 97
957
California.....................
202,203 97
971
Colorado......................
261
D e la w a r e ..................
276
District of Columbia.
285
Florida.........................
289
Georgia........................
324
Idaho...........................
335,338
Illinois..........................
/
397\
1055
Indiana
\ 419,420/ 97
448
Iowa.............................
85
576
Kansas.........................
585
502,503 80
Kentucky....................
522
Louisiana....................
527
Maine...........................
1063
539 91
Maryland....................
595
Massachusetts.............
658
Michigan......................
141
687,698 111
Minnesota....................
649
85
Mississippi...................
146
111
1146
753 97
Missouri.......................
814
Nebraska.....................
1203
831,832 97
New Hamsphire........
1087
91
1218,1219
861,875- 97
New Jersey.................
153
111
/ 910,911 91 1096,1097
New Y o rk ................... \ 925,926 97
1244
1245
North Carolina...........
962,971 97
97{
231
CUMULATIVE INDEX OF LABOR LAW S.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Children, hours of labor
of—-Concluded.
North Dakota.............
Ohio.............................
Oklahoma______
Oregon.........................
Pennsylvania.............
Porto R ic o ..................
................./I
1026
No.
85
97
85
85
97
85
1053
1175
1199
/
12101
\1216,1217/
South Carolina...........
1236
South Dakota.............
1245
Tftnnessftft, ____
1278
U tah.............................
97
Virginia........................ 1338,1339
Page.
Page.
698,699
1249
701,702
740
1277
749,751
Children, night work
b y —Concluded.
Michigan..................
Minnesota....................
Mississippi...................
Missouri
Nebraska.....................
N ew Hampshire........
N ew Jersey.................
1358
Wisconsin.................... 1425,1428 97
1411
(See also Children and
women; Hours of
labor in general em
ployments.)
Children, illiterate, em
ploym ent of:
Arizona........................
139
Arkansas......................
161,162
California.. .
180
221 97
Colorado......................
971
232 85
OoTvnfietieut............ .
524
District of Columbia.
275,276
Georgia........................
298
324
Idaho...........................
Illinois.........................
336,338
Indiana........................
398
TTfl-p.qn.q.........................
466
Maryland....................
547
/
596\
Massachusetts........... \ 598,616/ 97 1104,1105
Michigan___
659
Minnesota....................
698
M issouri......... ............
730
771,772
Montana......................
N e b ra s k a ..................
812,813
New Hampshire........
829
New Y o r k . . . .............
909
North Dakota.............
85
698
Ohio.............................
1007
740
Oklahoma............ .
85
Oregon......................... 1053,1054
749
Pennsylvania
85
{ll76,1177}
South Carolina...........
1234
Texas........................... 1288,1289
1413,1414
Wisconsin....................
1426 m { 1423,1424
Children, night work by:
Alabama......................
131
35,45
Arizona........................
111
Arkansas.....................
161
509
85
957,964
California....................
179*|
97{
965
Colorado......................
97
971
85
527,528
Connecticut.................
85
529
Delaware.....................
274,276
District of Columbia.
Florida
285
992
Georgia
289,298 97
Idaho
323
Illinois..........................
335,338
Indiana.........................
1055
398 97
Iowa.............................
448
*85* ..........576
Kansas.........................
Kentucky....................
585
502,503 85
1063
Maryland....................
91
85
623
596^
Massachusetts...........
97
1120
__ ...
Tw entysecond
Annual.
Bulletin.
New Y o r k ...................
North Carolina...........
North Dakota.............
Ohio.............................
Oklahoma...................
Oregon.........................
Pennsylvania.............
R hode Island.............
Bulletin.
No.
85
658/ 97
698 111
85
85
738,753/
97
814
97
91
f
85of
\ 870,8751 97/
111
/
910 91
\ 911,926 97
971
85
1026 85
85
1053 97
1175 85
91
1206,1207/ 111
Page.
636
1138
141
649
655
1146
1203,1204
1087
1218,1219
1229,1230
153
1091,1096
1244
698
702
741
1277,1279
749,751
1147
183
South Carolina........... 1233,1234/ 97 1343,1344
111
195
Texas............................
1289
U tah.............................
*97* i357,'i358
V erm ont......................
1325 97
1359
Virginia.......................
1339
W ashington................
1366
806
W isconsin...................
1428j 85
97 1404,1411
Children of widows, de
pendent parents, etc.,
em ploym ent of:
Arkansas.....................
161
California....................
179 *97* ......... 957
Colorado......................
221
Delaware.....................
530
262 85
District of C olum bia.
274,275
Georgia........................
298
K en tu cky....................
587
503 85
Michigan.....................
97 1137.1138
Minnesota....................
697
Missouri....................... /
751i
\ 760,761/
Nebraska.....................
807
1249
North Dakota............
976 97
O hio.............................
1007
R hode Island.............
1206
1344
South Carolina...........
1234 97
Texas...........................
1289
791
Virginia.......................
85
Washington................
1373
Children, seats for:
Oklahoma...................
740,741
85
Children, wages of. (See
Earnings o f minors.)
Children’s Bureau:
United States
111
210
Children. (See Children
and women.)
Chinese, em ployment of:
California.....................
162
Montana......................
793
Nevada........................
820
United States.............
1526
Chinese, exclusion, regis
tration, etc., of:
Hawaii.........................
299,300
/
11891
Philippine Islands. . . . \1192,1193/
f l466-14701
United States............. <1525,1526>
I
1529]
232
BULLETIN OF THE BUREAU OF LABOR.
Cumulative index of labor laws and decisions relating thereto— Continued.
Twentysecond
Annual.
Page.
Chinese labor, products
of, not to be bought by
State officials:
CHlifomiq.. ... ............
Cigar factories, regulation
of:
Citizens to be employed.
(See Aliens, employ
ment of; Public works,
preference of resident
laborers on.)
Civil service:
Massachusetts______
New Jersey...............
No.
164
1424
224,225
519
577
CQ1 fiQO
85
/
H81\
\1182,1188J
Wisconsin.................
1406
Clearance cards. (See
Discharge, statement
of cause of.)
Coal mined within State,
use of, in public build
ings. (See Public sup
plies.)
Coal mines. (See Mines.)
Coal, price of, investiga
tion of:
111
United States
Coercion of employees in
trading, etc.:
199
Colorado...................
281
Florida.....................
97
Idaho........................
Tndkna........................
393
441
Iowa.........................
502
Kentucky.................
552
Maryland..................
594
Massachusetts...........
MinhioQTi
646
793
Montana.......... ....
822,823
Nevada.....................
849
New Jersey..............
884
New Mexico..............
1027
Ohio.........................
1068
Oregon......................
’ 85*
Porto Rico................
Tennessee .............. 1254,1255
95
Tennessee (D)..........
1289
Texas........................
1325
U tah ...........................
Washington................ 1353,1376
1382,1383
West Virigina
(See also Company
stores.)
Coercion. (See Intimida
tion; Protection of em
ployees, etc.)
Collection of statistics.
(See Bureau of labor;
Statistics,collection of.)
Color blindness of rail
road employees. (See
Examination, etc., of
railroad employees.)
Combination, right of.
(See Conspiracy, labor
agreements not; Pro
tection of employees as
members of labor or
ganizations.)
Twentysecond
Annual.
Bulletin.
Bulletin.
Page.
Page.
C o m b i n a t i o n s to fix
wages, etc.:
Iowa (D)...................
Louisiana.................
Mississippi (D).........
Commerce and Labor,
Department of:
United States...........
Commission, labor. (See
Labor
commission.)
i Commission of immigra
tion:
New Jersey...............
New York................
Commission on condi
tions of labor in facto
ries.
675
New York................
Commission on cost of
living:
Massachusetts
Ohio.........................
Commission on employ
er’s liability and work
man’s compensation:
Colorado...................
Connecticut..............
Delaware...................
Illinois......................
Iowa.........................
Louisiana..................
Massachusetts...........
221
Michigan...................
Minnesota.................
New Jersey
New York
999
North Dakota...........
Ohio
Pennsylvania.
Texas . .
West Virginia..........
United States...........
Commission on employ
ment of women and
children:
Connecticut
. . .
Delaware..................
Massachusetts...........
760,76i Commission on employ
ment offices:
292-294
Massachusetts.............
Commission on homes for
workingmen:
M qCQQ
Oafto
No.
Page.
80
138-142
89
414-416
97
85
1229
681,682
(
................. \ 1 97
11
AZOU
91
91
1072
1144
97
97
97
91
97
111
........
/ 91
\ 97
97
85
91
85
97
91
97
97
97
( 91
................. { 111
I
982
989,990
991
1052,1053
1080,1081
81
1083
1132,1133
1141,1142
643,644
1087,1088
692
1247,1248
1137,1138
1337
1353,1354
1387,1388
1159
209,210
52i
1526-1529
\
168
97
989
97
991
97 1131,1132
91
f
1084
97 1119,1120
118,119
.................\ 111
Commission on industrial
accidents:
Pennsylvania...........
Commission on industrial
diseases:
Illinois......................
Commission on industrial
relations:
United States...........
Commission on laws relat
ing to inspection of fac
tories, etc.:
Illinois......................
Massachusetts...........
Commission on mine reg
ulation, etc.:
Arizona.....................
Illinois...................... .............../
97
1337
91
1054
111
216,217
85
91
539,540
1083
85
85
497,498
540,541
\ 97 1001,1003
233
CUMULATIVE INDEX OF LABOR LAWS.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
No.
Page.
Commission on mine reg
ulation, etc.—Concld.
709
Ohio.........................
1337,1338
Pennsylvania...........
1384,1385
"Washington..............
Commission on old-age
pensions:
1087
91
New Jersey...............
Commissioner of labor.
(See Bureau of labor.)
Company doctors:
1254
Tennessee.................
Company stores:
199,200
Colorado...................
242
Connecticut..............
392,393
Indiana.....................
592
85
Louisiana.................
538\
Maryland.................. t 572,5731
New Jersey...............
849
901
New York.................
1027
Ohio.........................
Pennsylvania........... 1085,1134
1340
Virginia....................
(See also Coercion of
employees in trad
ing; Payment of
wages in scrip.)
Compensation for injuries
to employees:
111 36,64-70
Arizona.....................
97 949-957
California.
IU
71
97 1004-1012
Illinois___
97 1082-1092
Kansas__
91 1066-1070
Maryland.
88,89
m{
99-102
85
626
97 1123-1131
Massachusetts........
111 111-115
95 295-298
Massachusetts ( D ).
111 123-136
Michigan................
85 658-661
Montana................
96 786-799
Montana (D).........
97 1193-1196
Nevada..................
97 1206-1209
New Hampshire...
97-f 1213-1218
1230,1231
New Jersey.
156
111
1092-1095
New York..
1100-1102
9
1{
92 251-273
New York (D )........
97 1264-1270
Ohio........................
99 698-707
Ohio (D).................
180
1198 111
Philippine Islands..
111 183-194
Rhode Island..........
97 1365-1380
Washington.............
96 814-839
Washington (D )___
97{ 1390-1398
Wisconsin...............
1416
96 799-814
Wisconsin (D )........
85
815
1432
1538,1539< 97
United States.
210,215
m { 219-221
86 295-300
United States (Op.)..
96 775,776
Compensation for injuries
to employees, commis
sion on. (See Commis
sion, etc.)
Compensation for injuries
to employees, constitu
tional amendment as to:
California.............
New York...........
178
Twentysecond
Annual.
Bulletin.
Bulletin.
No.
Compensation for injuries
to employees, constitu
tional amendment as
to—Concluded.
Ohio.........................
Vermont...................
Complaints by railroad
employees:
Massachusetts...........
Compressed air, work in:
New York................
Conciliation. (See Arbi
tration.)
Conspiracy against work
men:
Alabama................. .
Florida.....................
Georgia.....................
Hawaii.................... .
Ill
17
1363
618
687,688
168-170
130
282
292,293
303
456
674\
675,686j
703
Minnesota..
Mississippi...............
Missouri (D).............
New York................
894,8
North Dakota...........
Washington..............
(See also Interference
with employment,
and cross refer
ences.)
Conspiracy, labor agree
ments not:
California..................
175
California (D)...........
Colorado...................
191
Maryland.................
539
Minnesota.................
New Jersey..............
849
New Jersey ( D ) .........
New York................
North Dakota...........
Oklahoma.................
85
Pennsylvania........... 1076,1140
Porto Rico................ 1201,1202
Texas.......................
1287
West Virginia...........
1400
Conspiracy. (See also
Interference; Intimida
tion.)
Contract labor, alien. (See
Alien contract labor.)
Contract^ violation of, en
dangering life:
New York................
932
Washington........ ......
Contract work on public
buildings:
California..................
164
Contractors’ bonds for the
protection of wages,
summary of laws re
quiring.........................
79-81
Contractors’ bonds:
United States (D)...
Contractors’ debts, liabil
ity of stockholders for,
list of laws determining.
82
Contracts of employees
waiving right to damAlabama..
Arizona...
California.
Colorado..
Page.
128,129
166
188
111
406,410
799,800
718,719
801
653,654
35-38,63
234
BULLETIN OF THE BUREAU OF LABOR.
Cumulative index of labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Contracts of employees
waiving right to dam
ages—Concluded.
District of Columbia
(D )........................
Georgia.....................
Indiana ......... ..............
Massachusetts...........
Michigan
Mississippi................
M ontana,____ ______
Ohio.........................
Oklahoma.................
South Carolina..........
Wyoming_____ ___
United States...........
(See also Compensa
tion; Liability of
employers for in
juries, etc.)
Contracts of employment
involving removal from
home locality:
Michigan...................
North Carolina..........
Contracts of employment,
regulation, etc., of:
Arkansas...................
Arkansas (D)............
Georgia.....................
TTowoii
Idaho........................
Kentucky.................
Louisiana.................
Michigan...................
Mississippi................
New Jersey.............
New York................
Philippine Islands__
Porto Rico................
Virginia....................
Wisconsin.................
Contracts of employ
ment. (See also Em
ployment of labor, and
cross references.)
Contracts of employment
with intent to defraud.
(See Employers’ ad
vances, repayment
of.)
Contributions, f o r c e d .
(See Forced contribu
tions.)
Convict labor, digest of
laws relating to............
Convict labor, employ
ment of, in mines:
Oklahoma.........
Coolie labor:
California.............
Nevada.....................
United States...........
Cooperative associations,
list of laws relating to..
Cooperative insurance.
(See Compensation.)
Cooperative retirement,
etc., funds:
Massachusetts...........
Copyrights:
Umted States...........
No.
Page.
81 410-415
288,289 85
533
395,421
594 85 ........ 626
630
85
702
j
7631
\ 780,787/
1002,1003 85
705
1039
1224,1235
1444,1447
/
1518\
\1536,1537J
666
963
147
289-292
/
299\
\ 301,302/
314
497
523,524
666
703,704
932
........ i2oi
1332
81
418
Page.
Core rooms, employment
of women in:
Massachusetts...........
Com huskers, guards on.
(See Guards for danger
ous machinery.)
Corporal punishment of
minor employees:
Georgia.....................
Corporations, liability of
stockholders in, for
wage debts; list of laws
determining.................
Corporations, pensions for
employees of:
Pennsylvania...........
Corporations, profit shar
ing by. (See Profit
sharing.)
Corporations, restriction
of powers of:
Pennsylvania...........
Corporations, s p e c i a l
stock for employees of:
Massachusetts...........
Cost of living, commission
on. (See Commission
on cost of living.)
Costs in suits for wages.
(See Suits for wages.)
Cotton bales, bands, ties,
etc., of:
Texas........................
Couplers, safety. (See
Railroads, safety appli
ances on.)
1230
111
179
97
1407
85
725
91
1076
162
819,820
1465,1466
88-93
Bulletin.
Page.
No.
Ill
115
289
82
1075
1085
609,610
I>.
97
95-118
1520
Twentysecond
Annual.
Bulletin.
Damages for i n j u r i e s .
See Injuries; Liability
of employers.)
Damages, waiver of right
to. (See Contracts of
employees w a i v i n g
right to damages.)
Day of rest. (See Weekly
day of rest.)
Death. (See Injuries caus
ing death; Negligence,
etc.)
Deceased employees, pay
ment of wages due. (See
Payment of wages due
deceased employees.)
Deception in employ
ment of labor. (See Em
ployment of labor, de
ception in.)
Department of Commerce
and Labor:
United States........... 1526-1529
Department of labor.
(See Bureau Labor.)
Department of mines.
(See Bureau of Mines.)
Discharge, etc., of em
ployees of public-service corporations:
613
Massachusetts ......
Discharge, notice of in
tention to. (See Em
ployment, termination
of, notice of.)
1
:
97 1349,1350
235
CUMULATIVE INDEX OF LABOR LAWS.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Page.
Discharge of employees
on account of age:
Discharge, statement of
cause of:
Florida.....................
Indiana_____________
K a n s a s _____
Kansas (D)r. TT____
Missouri T, , . T____
Montana_____ . . . . . . .
Nebraska..................
Ohio........... : ............
Oklahoma.................
Oregon......................
Texas........................
Texas (D).................
(See also Blacklisting;
No.
Page.
202
279,280
394 97 1052,1053
457
84 416-418
752
779
97
1186
1002
85
720
97 1280,1281
j
1288\
782
85
\1294-1296j
871-873
................./ 88
779,780
9o
1441
Employment of la
bor.)
Discharged employees,
payment of wages due.
(See Payment of wages
due, etc.)
Discounting of wages.
(See Payment of wages,
modes and times of.)
Diseases, occupational.
(See Occupational dis
eases.)
Domestic products, pref
erence of, for public use.
(See Public supplies.)
Drug clerks, hours of la
bor of. (See Hours of
labor of drug clerks.)
Dust, fumes, etc., provi
sion for. (See Facto
ries and workrooms,
ventilation of.)
{
197,224}
241,250
260
264
300
i 307,313
i 314,323
334
390,391
459
/
\
/
Massachusetts........... \
Massachusetts (D)
Minnesota.................
Missouri.................... /\
Montana................... /\
Nebraska..................
Nevada..................... /
Pennsylvania.............
Porto Rico................
Texas........................
Utah.........................
Washington..............
West Virginia.............
Wisconsin...................
Wyoming....................
81,82
97
134S
165
319
443
673
Page.
No.
886,887
980,981
989
88
97
97
534
85
97 999,1000
96
857
1061
91
111
84
538,539\
612
561,562/ 85
595 97
1110
123
623,624 111
96 856,857
672
724,7261
752,759/
763\
1155
792-794/ 97
810
820,821 85 669,670
827,828 97
1197
97 1227,1228
111
157
899-901\
930,949/
970
179
1009 111
1039 85
738,743
780
895,896
977
1041
1204
1227 85
1239
1320
1338
1354
1085,1169 *97* .......i282
j
1202\
\1205,1206/
1296,1297
/
1303\
\1308,1309/
799
1357,1363 85
1384,1390
809
f
1429 85
\1430,1437 97 1400,1401
811
1444,1453 85
1159
f1471-1473) 91
United States............. {1526,1530 - 97 1430,1431
[
1531 m { 213-216
220
88
92
95
99
86
96
United States (D)
764
85 497,499
142<
35,40-42
59,61
I {
160,161
Arkansas.....................
California..................... /\ 163,164\
509
174,1751 85
Arizona........................
Eight-hour day—Concld.
California (D)...........
Colorado...................
Connecticut..............
Delaware..................
District of Columbia.
Hawaii.....................
Idaho............................
Illinois......................
Indiana.....................
Kansas......................
Kansas (D)...............
Kentucky.................
Louisiana..................
Maryland..................
\
Tennessee....................
Earnings of minors:
California..................
Idaho
Iowa.........................
Minnesota.................
Montana
New York...................
North Dakota...........
Oklahoma.................
Porto Rico ..................
South Carolina...........
South Dakota.............
Utah.............................
Virginia........................
Washington................
Eating in workrooms.
(See Food, taking, into
workrooms.)
Eight-hour day:
Page.
Bulletin.
New Jersey...............
New Mexico.............
New York................... \(
North Carolina..........
Ohio.............................
Oklahoma...................
Oregon...................... 1066,1067
B.
Earnings of married
women, list of laws se
curing the....................
Earnings of married
women:
Twentysecond
Annual.
Bulletin.
Annna.1.
United States (O p.)
(See also Hours of
labor on public
roads.)
E lectric installat ions,
subways, etc.:
California.....................
Indiana........................
Massachusetts...........
Oregon.........................
Electricians, examina
tion, etc., of. (See Ex
amination, etc.)
Electricity, use of, in
mines. (See Mines,
electric wiring, etc.,
in.)
Elevator operators, ex
amination, etc., of:
Minnesota....................
610
885,886
249,250
294,295
708
300
776-778
97 962,963
97 1059,1060
*97* ...... i273
|
671
236
BULLETIN OF THE BUBEAU OF LABOB.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
No.
Elevator operators, seats
for:
Massachusetts..........
Elevators. (See Inspec
tion of factories, etc.)
Emigrant agents:
Alabama..................
Florida Georgia.
Hawaii..
North Carolina..........
South Carolina..........
(See also Employ
ment offices.)
Employees’ bonds. (See
Bonds of employees.)
Employees, bribery, etc.,
of. (See Bribery of em
ployees.)
Employees,
deceased,
payment of wages due.
(See Payment of wages,
etc.)
Employees’ deposits, in
terest to be paid on:
Louisiana..................
Employees, discharge of.
(See Discharge, state
ment of cause of; Em
ployment of labor.)
Employees, discharged,
payment of wages due.
(See Payment of wages,
etc.)
Employees, enticement
of. (See Enticing em
ployees.)
Employees, examination
of. (See Examination,
etc.)
Employees, false charges
against. (See Railroad
employees,false charges
against.)
Employees,forced contri
butions from. (See
Forced contributions.)
Employees, intimidation
of. (See Intimidation.)
Employees, intoxication
of. (See Intoxication,
etc.)
Employees, loans to:
Louisiana.................
Employees not to be dis
charged on account of
age:
Colorado...................
(See Protection of em
ployees, etc.)
Employees, r a i l r o a d .
(See Railroad employ
ees.)
Employees, safety and
health laws authorized
for:
New York................
Ohio.........................
Employees, sale of liquor
to. (See Liquor, sale
of, to employees.)
Ill
133
277\
278,282/
294,299
306
Page.
107
994-996
143
1236
85
111
202
Twentysecond
Annual.
Bulletin.
Bulletin.
No.
Employees, s o l i c i t i ng
money from. (See Em
ployment,foremen,etc. ,
accepting fees for fur
nishing.)
Employees, taxes of. (See
Liability of employers
for taxes, etc.)
Employees, time for, to
vote. (See Time to
vote, etc.)
Employees, vaccination
of. (See vaccination.)
Employer and employee,
obligations of. (See
Employment of la-
Employers’ advances, in
terest on:
Louisiana.................
Employers’ advances, re
payment of:
Alabama...................
Alabama (D).
Arkansas........
Florida..........
Georgia..........
587
Georgia (D )...
Michigan...................
Minnesota.................
Mississippi................
New Mexico..............
North Carolina..........
North Dakota...........
Philippine Islands...
South Carolina..........
Employers’ certificates,
forgery of:
Georgia.....................
Minnesota.................
Pennsylvania...........
Wisconsin.................
Employers’ l i a b i l i t y.
(See Liability of em
ployers for injuries,
etc.)
Employers to furnish
names of employees
to officials of county,
etc.:
Arkansas...................
California..................
Colorado...................
Hawaii......................
83,84
New Mexico..............
North Carolina..........
South Carolina..........
Wyoming..................
Employment, abandon
ment of. (See Con
tracts of employment.)
Employment a g e n t s .
(See E m p l o y m e n t
offices.)
Employment, contracts
of. (See Contracts of
employment; Employ
178
ment of labor.)
178,179
Employment, discrimi
nation in, forbidden:
Indiana................... .
83,84
919
147,148
634-639
133-135
160
282,284
297
84
415
466-468
703,704
886
963
179
764,765
1149
1440
152 97
174
220
301
887
969
1225
1462
400
237
CUMULATIVE INDEX OP LABOB LAWS.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Employment, foremen,
etc., accepting fees for
furnishing:
_____
Alabama.
.....................
Arizona
Connecticut-. - ______
Florida.....................
Montana...................
Nevada.....................
Nftw TTampshim____
New Jersey...............
PAtmsylVf»nia __ ___
Utah.........................
Employment, interfer
ence with. 0See Inter
ference with employ
ment.)
Employment, notice of
termination of. (See
Employment, termina
tion of, etc.)
Employment, obtaining,
under false pretenses.
(See Employers’ ad
vances, repayment of;
Employers’ certificates,
forgery of.)
Employment of aliens.
(See Aliens.)
Employment of children.
(See Children, employ
ment of.)
Employment of children
and women. (See Chil
dren and women, etc.)
Employment of Chinese.
(See Chinese, employ
ment of.)
Employment of intem
perate drivers, etc. (See
Intemperate employees,
etc.)
Employment of labor by
pubhc-service corpora
tions:
Massachusetts...........
Employment of labor, de
ception, etc., in:
Arizona.....................
PcilifAiniia
Colorado...................
No.
Page.
Page.
Bulletin.
No.
Page.
Employment of^ labor,
241
283
796
97
111
939,940
40
South Carolina.......... 1227,1228
South Dakota........... 1240-1242
Utah......................... 1302,1303
Wisconsin____
85
669
97
1202
97 1212,1213
1158 97
1287
85
789
Wyoming..................
(See also Contracts of
employment; Dis
charge,statement of
cause of; Employ
ers’ advances; Em
ployment, termina
tion of; Examina
tion, etc.; Inspec
tion of factories;
Wages, etc.)
Employment of labor
on public works. (See
Public works, labor
on.)
Employment of police
men as laborers:
Maryland..................
Employment of women.
(See Women, employ
ment of.)
Employment offices,com
mission on. (See Com
mission.)
Employment offices, free
public:
Colorado..................
Connecticut..............
Illinois......................
Indiana
613
177
111
71
97
980,981
TllinmQ
343,344
621
Massachusetts...........
85
Montana...................
792,793
Nevada.....................
97 .......ii92
New York.................
97
1236
Oklahoma.................
85 719,720
Oregon...................... 1057,1058
Tennessee
1276,1277
Wisconsin__ _
1402
97
Employment of labor,
general provisions:
147,148
Arkansas...................
165-169
California..................
202
Colorado...................
PATinfiotiAii'l'
241-243
Georgia.....................
289-292
Tndiana........................
379,400
T.All]c!lOHQ
516-518
/
Massachusetts........... I 592-595\
613/ 85 620-627
Missouri....................
752
Montana...................
780-782
New York................
899-931
"Wnrtfh TJalrntsi
978-981
Porto Rico................ 1204,1205
Twentysecond
Annual.
Bulletin.
........................
Kansas.........................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
Missouri...................
Montana...
Nebraska..................
Ohio.........................
Oklahoma.................
1443
'97* 1416*1417
569
225-227
238,245
545
344-346 85
r 85 569,570
97 1060-1062
460,461^
549
' ‘ 619*620
617,618/ '85*
97 1103,1104
669 85
639
694,695
738,752 97* il52*il53
97 1154,1155
805
994,995
713
85< 714,744
( 85^
757
................. { 111
181
I
85 761,762
1386
1402-1405 *97* i403*i4l9
Philippine Islands
Rhode Island..........
West Virginia........
Wisconsin
Employment offices, pri
vate:
California.................. /1
Colorado.......
Connecticut.............. /\
District of Columbia..
Hawaii.................
Idaho........................ /\
Illinois..............
Indiana.....................
Iowa.........................
Kansas......................
Kentucky... .
Louisiana...........
Maine........................
Massachusetts...........
165\
175-177/
194-197
238\
239,248/
270-274
302
318\
319,322/
346,347
r
504
85{ 507,508
85 516,517
85
531,532
85
85
97
553-558
564-566
1060
451
97 1081,1082
502
514
G01
534,535/ 85
97 1099-1102
581
238
BULLETIN OF THE BUEEAU OF LABOR.
Cumulative index of labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Employment offices, pri
vate—Concluded.
Montana...................
Nevada.....................
New Hampshire.......
New Jersey...............
No.
Page.
527
593
850\
851,864/
1141
1217
1429
111
85
134,135
147,148
281
292
495
523
703
962,963
1232
1252
90
97
85
Twentysecond
Annual.
Page.
Bulletin.
No.
Page.
Examination, etc., of bar
bers:
Colorado...................
85 511-514
Connecticut.............. /\ 239~241\
983
246/ 97
Delaware.........
257-259
Illinois
*85* ’ *54i-544
Kentuckv..
490-493 91
1059
Maryland..**...........
573-576
655,656
Minnesota.................
681-683
Missouri...................
717-720
North Dakota..
973-975
Oregon...
1045-1049
Rhode Island............ 1219-1223
Rhode Island (D) .
82 665-668
Texas........................ 1297-1299
Texas (D)................
*82* 6o8—
670
Utah.. ..
1303-1306
Washington.............. 1361-1363
Wisconsin................. 1412-1415
Examination, etc., of
chauffeurs:
New York................
91 1095,1096
Examination, etc., of elec
tricians:
Louisiana..................
85 588-592
Louisiana (D)...........
87 651-653
Minnesota.................
684,685
Examination, etc., of en
gineers of vessels. (See
Examination, etc., of
steam engineers.)
Examination, etc., of
horseshoers:
Colorado...................
198,199
Hawaii......................
306
Maryland..................
571,572
Michigan...................
657,658 85
635
Minnesota.................
683
Ohio.......................... 1028-1031
Washington.............. 1358,1359
196
Examination, etc., of
miners, mine foremen,
etc.:
Alabama.............
122 97 926,927
558-560
Illinois......................
356,357^ 85
97 1019-1022
Indiana.....................
417,418 97 1062-1065
574
439,440 85
Iowa.........................
/ 85 581,582
504
Kentucky
91 1059,1060
Missouri.................
748-750
85 661-663
777>| 97/ 1162-1164
Montana...................
1179
700
Ohio......................... ...............\ 85
91
1129
\
85 723,724
Oklahoma.................
f
10971
11098,11161 97 1326-1329
Pennsylvania............ 11125,1126f
11153-1156J
832,833
1264-1267
Tennessee..............
Utah......................... 1317,1318
Wyoming..................
1452
995,996 Examination, etc., of
operators of hoisting
machinery, etc.:
97 1121,1122
Massachusetts...........
671
Minnesota.................
Examination, etc., of
operators of movingpicture machines:
815
91 1070,1071
Maryland..................
91 1099,1100
New York.................
644,645
675-f 85
97 1143,1144
711 85 654,655
779
818
837,838
/
857)
1212
\ 876-880/ 97
1098,1099
951-959
91{ 1102-1109
1033-1035 111 170,177
85 714,715
1183-1187 97 1336,1337
1206
1278
*85* *786-789
1342 91
1154
85
802
1378
1411,1412
New York................
Ohio.........................
Oklahoma.................
Pennsylvania...........
Rhode Island............
Tennessee.................
Utah.........................
Virginia....................
Washington..............
West Virginia...........
Wisconsin.................
(See also Emigrant
agents; L o d g i n g
houses, sailors’.)
Employment, prevention
of.
(See Interference
with employment, and
cross references.)
Employment, sex no dis
qualification for. (See
Sex no disqualification,
etc.)
Employment, termina
tion of, notice of:
Maine........................
Massachusetts.. .
/
New Jersey
\
Pennsylvania........
Rhode Island............
South Carolina.
Wisconsin.................
(See also Discharge;
Employment of la
bor, general provi
sions.)
Employments, effect of,
on health, to be investi
gated:
California..................
Engineers, examination,
etc., of. (See Exami
nation, etc.)
Engineers, illiterate, em
ployment of, on rail
roads. (See Railroads,
illiterate
employees
on.)
Enticing employees, etc.:
Alabama
Alabama (D)............
Arkansas..............
Florida...................
Georgia.....................
Hawaii...................
Kentucky.................
Louisiana..................
Mississippi..
North Carolina.
South Carolina..........
Tennessee.................
United States...........
(See also Interference,
etc.)
Bulletin.
239
CUMULATIVE INDEX OF LABOB LAWS.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Examination, etc., of
plumbers:
Arkansas, ................
.... T. .....
Colorado...................
District of Colum
bia.........................
Tllmois
187
218,219
266
331
481
520
533,534
564,565
583-585-j
663-665
746,747
799,800
836,837
890,891
Maine........................
Maryland..................
Massachusetts...........
Michigan...................
Missouri....................
Nebraska..................
New Hampshire.......
New York.................
New York (D )..........
Oregon...................... 1056,1057
1149
Pennsylvania............ J
\1160-1162
1202
Porto Rico................
Tfivns
1285,1286
Virginia.--. .
1334,1335
1405
Wisconsin.................
Examination, etc., of rail
road employees:
1291
Alabama................... /\ 130,137/
286,287
Georgia
MocoQfiVincAHQ
621
1001
Ohio.........................
Texas........................
(See also Railroad em
ployees, qualifica
tions for; Telegraph
operators, railroad,
Examination, etc., of sta
tionary firemen:
MQCCQ/»Vi11cftfic
Montana...................
New York.................
Ohio.........................
Examination, etc., of
steam engineers:
Alabama...................
District of Colum
bia.........................
Georgia.....................
Maine........................
Maryland.................
Massachusetts...........
Michigan...................
Minnesota.................
Missouri....................
Montana...................
Nevada.....................
New Hampshire.......
New Jersey...............
New York.................
Ohio.........................
Pennsylvania...........
Philippine Islands...
Washington..............
United States...........
No.
Page.
97
945,946
85
544
91 i063-i065
85 627-629
91
1077
87
653,654
85 754-756
97 1285-1287
85
780
581-583 97 1116-1119
765-768
947,948
91 1140,1141
135
264,265
111
75
530
562-564 *9i‘ .......ion
581-583 97 1116-1119
85
633
679-681
735,736
/ 765-768\
\
785/
823,824
r
831\
1 839,840/
/
8531
\ 873,874/
934
710
1016-1018/ 85
91 1143,1144
fll58—
11601
<1167,1170}>
1
1171
1194-1197
1375
/
1477\
\1482,1483/
1
Twentysecond
Annual.
Bulletin.
Page.
Examination,etc.,of street
railway employees:
New York................
Washington..............
Execution, exemption
from. (StecExemption,
etc.)
Executions in suits for
wages. ( See Suits for
wages.)
Exemption of mechanics,
etc., from license tax,
list of laws granting......
Exemption of wages from
execution, etc.:
Alabama...................
f
Arizona.
1
Arkansas...................
California..................
Colorado ..................
Connecticut..............
Delaware..................
District of Alaska___
District of Columbia..
Florida.....................
r
\
Hawaii.. .............. ....
Idaho........................
Tllinni*
Illinois (D)...............
Indiana.....................
Iowa......................... /\
Kansas......................
Kentucky.................
Louisiana.................
Maine........................
/
Maryland.................. \
Massachusetts...........
Michigan................... /\
Minnesota
Mississippi
Missouri
Montana...................
Nebraska..................
Nevada.....................
New Hampshire.......
New Jersey...............
New Mexico.............
New York
North Carolina..........
North Dakota...........
Ohio.........................
Oklahoma.................
Oregon......................
Pennsylvania...........
Porto Rico................
Rhode Island...........
South Carolina..........
South Dakota...........
Tennessee..................
Texas........................
TTtah.
...........
Vermont...................
Virginia.....................
Washington..............
Wftst. Virginia
Wisconsin.................
Wyoming..................
Bulletin.
No.
Page.
936
1361
82
129,130
1381
144,145/
147 85 500,501
170
197
526
245 85
252,253
263
264
278
2911
294,295/
302
320
348,349
96 854,855
380,420 97 1047,1048
4431
444,446/
474,485 97
1082
496
518,521
530,531 97
1103
537,538\
547,548/
612
6321
633,647/
685
706
709,716
783
808,809
818
832,833
845
881
681
898{ 85
97 1234,1235
85 694,695
981
/1022-10241
\1026,1027/
1040,1041
1042 *85* '*745,*746
1078
1205
1217
1229,1230
1243
1251,1275
/
12791
11281,1282/
1322,1323
1326
1337,1338
1354,1355
1378
1438,1440
1446,1456
240
BULLETIN OF THE BUREAU OF LABOE.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
No.
Explosives, storage, man
ufacture, etc., of:
445
Iowa.........................
Maryland.................
Massachusetts...........
721
Missouri...................
863
New Jersey...............
Ohio......................... 1032,1033 85
1135
Pennsylvania..........
Explosives, use of, in
mines. (See
Mmes,
blasting, etc., in.)
Extortion:
Minnesota...............
787
Montana...................
897
New York................
(See also Intimida
tion.)
Factories, accidents in.
(See Accidents, etc.)
Factories and workrooms,
ventilation, sanitation,
etc., of:
Alabama..................
California.................
Colorado___
Connecticut.
Delaware---Illinois........
Indiana.......
Iowa...........
Louisiana —
Maryland —
Massachusetts.
Michigan—
Minnesota...
Missouri......
Nebraska...
New Jersey.
131,132
236,237^
255,256
342,343^
399,400
445
Page.
707-709
503,505
518
975
524,525
547-550
1015,1016
600
83
*{
540\
1063
570,571/
588,5891
600,601> 91 1073,1076
613,614)
653]
654,660
667,668]
673,674
647,648
651
721\
738-7401
655,656
.............{
862,863j
/ 912,914\
\ 920,921/
1011-1014
666-668
1186-1189
679,680
148
189,1090
1255
1270,1271
New York.......
Ohio................
Oklahoma.......
Oregon............
1063
Pennsylvania..
1163,1177
South Dakota..
1239
Tennessee.......
773,774
1256
Virginia...........
197
Washington....
1365,1369
West Virginia..
1387
/1415-1417\ 97 1399-1403
Wisconsin.......
\
1424/
1406,1407
(See also Air space.)
Factories, commission on
conditions of labor in:
1235,1236
New York.
168
Factories, etc., inspection
of. (See Inspection,etc.)
Factories, eating, etc., in.
(See Food, taking, into
workrooms.)
Twentysecond
Annual.
Bulletin.
Page.
Factories, fire escapes on.
(See Fire escapes, etc.)
Factories, investigation
of labor conditions in:
New York................
Factories, smoking in.
(See Smoking, etc.)
Factory inspectors. (See
Inspectors, factory.)
Factory regulations. (See
Inspection of factories,
etc.)
False charges against rail
road employees. (See
Railroad employees,
etc.)
False credentials, etc., of
l a b o r organizations.
(See Labor organiza
tions, using false cards
of.)
False pretenses. (See Con
tracts of employment
with intent to defraud;
Employers’ certificates,
forgery of; Employ
ment of labor, decep
tion in.)
Fees for furnishing em
ployment. (See Em
ployment, f oremen,
etc., accepting fees for
furnishing.)
Fellow-servant;negligent,
to be named m verdict:
Minnesota.................
Fellow - servants. ( S e e
Liability; of employers
for injuries to employ
ees.)
Female employees. (See
Women, employment
of.)
Female employees, seats
for. (See Seats for fe
male employees.)
Fines for imperfect work:
Massachusetts...........
Fire escapes on factories,
etc.:
Alabama.................
Colorado___
Connecticut..
Delaware..............
District of Columbia.
Georgia................
Idaho...................
Illinois..................
Indiana................
Iowa.....................
Kansas.................
Kentucky............
Louisiana.............
Maine...................
Maryland.............
Massachusetts......
Michigan..............
Minnesota............
Missouri...............
Nebraska.............
New Hampshire.
New Jersey.........
Bulletin.
No.
97 1235,1236
603,604 97
135,136
1119
520,521
977,978
523
987,988
233,234/
254
268,269
289,290
322,323
ri4Q
347,348
567,568
406-408
446-448
479,480
496
515
602
525
562
106
587
640,641
*ii44
673,674
721\
745,746/
802,803 97 1181,1182
85 674.675
1202
97
845\ 97 1222-1227
865-867/
241
CUMULATIVE INDEX OF LABOR LAW S.
Cumulative index of labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Bulletin.
No.
Fire escapes on factories,
etc.—Concluded.
New York.......... ....
North Carolina_____
Page.
Twentysecond
Annual.
Page.
Bulletin.
No.
Page.
Garnishment of wages—
Concluded.
Missouri....................
1097
97 1149,1150
91
913-f 97 1?3?r-1234
Missouri (D ).............
93 650-653
New Mexico..............
111 161,162
85 6%, 696
New York................
91
1090
977
Oregon......................
85
745
705
997 85
O h io........................
Utah.........................
1322
Oklahoma....... r- r, .
85 711,717
Virginia....................
1338
fl081-10831 8b 753,754
Wyoming.................
1425
97
PftiinsylvaTpa.. - r__ <1134,1135> 9^
1287 Goods,
etc., of local pro
11161,1180J
duction preferred for
Rhode Tsland , . , __ , 1211-1214 85
762
public use. (See Pub
1239
South Dakota...........
lic supplies, etc.)
1330
Vermont...................
Government Printing Of
1333
Virginia....................
fice. (See Public print
West Virginia........... 1389,1390
ing.)
804
1410 85
Wisonrisin__________ /
11411,1439 97 1404-1406 Guaranty companies:
881,882
New Mexico..............
Fire marshal:
(See
97 1232-1234 Guards, armed.
New York................. .............. 111
Armed
guards.)
174,175
\
Pennsylvania...........
1287 Guards for dangerous ma
97
chinery:
Fire, safeguards against,
in factories. (See In
517,518
Colorado................... ...............{ 85
975
97
spection of factories,
Connecticut..............
236
etc.)
Illinois......................
350 '85' "545^547
Firemen, stationary, ex
Tnriiana.....................
399
amination,etc.,of. (See
Iowa.........................
445,446 *97* .......1080
Examination, etc.)
TCanfifl-q......................
480
Food, taking, into work
Kentucky.................
503 85
586
rooms:
( 85
Massachusetts...........
588,615 111
103
547
Illinois.......................
Michigan..
.
.
.
.
.
.
.
.
.
.
.
660,667
1015
\ 97
Minnesota.................
673,674 *97 .......1145
New York.................
111 173,174
Missouri....................
652
720 85
Forced contributions from
Nebraska..................
1188
employees:
97
Tririmng......................
Nevada.....................
820
381
New Jersey...............
862
Maryland..................
538
Minhigg/n...................
New York.................
912 91
1088
648
Ohio......................... 1014,1015 97 1254,1255
Nevada.....................
821
Oklahoma.................
716
85
New Jersey.....__ _
848
Oregon......................
1063
O hio........................
1002
/
10801
United States...........
1518
Pennsylvania
\1095,1177J
Forgery of cards? etc., of
Rhode Island............
1209
l a b o r organizations.
Tennessee.................. 1256,1257
(See Labor organiza
Washington..............
1369
tions, using false cards,
West Virginia...........
1386
etc., of.)
f
14081 85/ 804,805
Forgery of employers’
Wisconsin...__ ____ {1410,1424}* 97\ 1407,1408
certificates. (See Em
1417
11425,1439J
ployers’ certificates.)
Foundation for Promo
H.
tion of Industrial Peace:
814
1534 85
United States...........
Health, effect of employ
Fraudulent contracts of
ments on, to be investi
employees. (See Con
gated:
tracts of employment
California..................
504
85
with intent to defraud.)
Massachusetts...........
1119
97
Free public employment
Highways, hours of labor
offices. (See Employ
on, summary of laws
ment offices, free pub
fixing...........................
87,88
lic.)
Hiring. (See Employ
Freedom to trade. (See
ment of labor.)
Coercion, etc.)
Holiday labor:
Massachusetts...........
1103
97
G.
Holidays for per diem em
ployees of Government:
Garnishment, exemption
United States........... 1465,1472
of wages from. (See
Holidays in the different
Exemption of wages
States and Territories,
from execution, etc.)
93-95
list of...........................
Garnishment of wages:
ArTranfiftg...................
Homes for workingmen,
146
commission on:
97 979,980
Colorado...................
85
530
Delaware..................
/ 97 1119,1120
If qOOQ/)l)11COffe
302
Hawaii......................
.............. \ 111 118,119
70244°—Bull. 111—13----- 16
242
BULLETIN 04’ THE BUKEAU 01*’ LABOB.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Bulletin.
No.
Horseshoers, examina
tion, etc., of. (See Ex
amination. etc.)
Hospital fees. ( S e e
Forced contributions,
etc.)
Hospital for miners. (See
Miners' hospital.)
Hospital, erection of, for
employees:
...... ............
A
85
New Mexico..............
885,886
Hospitals for seamen:
United States........... 1519,1520
Hours of labor in general
employments:
Arkansas...................
156
f!a.lifftmia.r, _______
164,165
Connecticut._____
241
Florida......................
278
Georgia.....................
289 97
334
Illinois......................
390,391
Indiana.....................
530
Maine...... ...............
549
636,637
672
111
724
782
Montana..................
Nebraska..................
807
New Hampshire.......
832
New Jersey...............
850
/ 899-9011
\ 930,931/
97
1009
Ohio.........................
Pennsylvania...........
1085
Rhode Island............
1217
South Carolina..........
1236 85
Wisconsin................. 1429,1430
Hours of labor of children
and women. (See Chil
dren, etc.)
Hours of labor of drug
clerks:
California................
186,187
936 97
New York................
Hours of labor of employ
ees in bakeries:
869
New Jersey..............
Hours of labor of employ
ees in brickyards:
900,930
New York................
Hours of labor of employ
ees in compressed air:
85
New York................
Hours of labor of employ
ees in electric plants:
111
Arizona. . . . .
__
Hours of labor of employ
ees in Government
Printing Office:
1472
United States...........
Hours of labor of employ
ees in laundries:
85
Arizona....................
Hours of labor of employ
ees in mines, smelters,
etc.:
85
142{ 111
Arizona.....................
85
California..............
California (D)...........
88
Colorado........... .......
187,224 97
323 85
Idaho........................
Maryland..................
553
Page.
502
992
145,146
1245
768
1238
687,688
59
499
497
40-42
509
886,887
980,981
534
Twentysecond
Annual.
Page.
Bulletin.
No.
Page.
Hours of labor of employ
ees in mines, smelters,
etc.—Concluded.
Missouri....................
726,752
f
763\
Montana................... \
1155
792,794/ 97
85
Nevada.....................
82o| 97 669,670
1197
Oklahoma.................
85
738
Oregon......................
1066
Pennsylvania...........
97
1282
Utah......................... 1308,1309
Washington..............
85
799
Wyoming.................. 1444,1453 85
811
Hours of labor of employ
ees in plaster and ce
ment mills:
85
Nevada.....................
669
Hours of labor of employ
ees on railroads:
142
Arizona.....................
154,155\
Arkansas................... /\ 160,161)
97 961,962
California..................
201
Colorado...................
250
Connecticut..............
District of Columbia.. 1535,1536
278,279
Florida.....................
287
Georgia.....................
424,425
Indiana.....................
Iowa.........................
449,450
483
Kansas.....................
538,539
Maryland..................
Michigan...................
636,637
/
672\
Minnesota................. 1
695,696/
!
750V
Missouri.................... \1 751,759/
Missouri (D ).............
80 144-146
Montana...................
795
Nebraska..................
1190
807,808 97
Nevada.....................
827,828
159
New Mexico.............
111
/ 900,901\
New York................ \
930,931/
New York (D )..........
89 423-425
North Carolina..........
970 97 1245,1246
North Carolina (D)
89 426-428
North Dakota...........
986
Ohio.........................
1001
Oregon......................
1062 *97* 1276*1277
Porto Rico................
85
760
South Dakota........... i247,i248
f
1289]
Texas........................ •{1293,1294> 85 784,785
(1296,1297J
Washington.............. 1372,1373
;
Washington (D ).......
*99* 71.4j 71.5
West Virginia........... ........ i390
Wisconsin................. 1435,1437
Wisconsin (D )..........
80 146-150
United States........... 1535,1536
*89* *425,426
285
92
United States (D)
95 311,312
96 857-860
98 478,479
99 714,715
Hours of labor of employ
ees on street railways:
California..................
164,165
Louisiana
516
Maryland..................
569
622 111 110,111
Massachusetts..........
New Jersey...............
New York.................
900,930
Pennsylvania........... 1136,1137
243
CUMULATIVE INDEX OF LABOR LAW S.
Cumulative index o f labor laws and decisions relating there,to--- Con tinvied.
Twentysecond
Annual.
Page.
Hours of labor of employ
ees on street railways—
Concluded.
Bulletin.
No.
Page.
1219
1230,1231
1354
Hours of labor of letter
carriers:
97
1431
1473/ 111
United States...........
220
I
Hours of labor of station
ary firemen:
111
84
Hours of labor of tele
phone operators:
85
663
Hours of labor of women.
(See Women, etc.)
Hours of labor on public
roads, summary of laws
87,88
Hours of labor on public
works:
111
35
Arizona...................
r
1631
\ 174,175/
197
Colorado...................
260,261
Delaware...............
2U
District of Columbia..
300
Hawaii. . . . . . . .
/
307\
Idaho........................ i 313,314/ 97 999,1000
Indiana...................
390,391
459
Kansas............
91
1061
Kentucky. . . . . . .
/ 562,566/
561\ 85
612
Maryland.................. 1
/
595 85 621,622
Massachusetts........... \ 623,624 97
1110
672
Minnesota...............
/
763V
Montana................. i 793,794f
810
Nebraska. . . . . .
821
Nevada.....................
97 1227,1228
New Jersey.......
111
157
New Mexico. . . .
/
899\
New York................ \ 930,949/
80 150-155
New York (D )..........
111
179
Ohio.........................
743
1039 85
Oklahoma.................
86 332-334
Oklahoma (D )..........
Oregon
1067
1169 97 1340,1341
Pennsylvania...........
f
12021
Porto Rico................ \1205,1206/
Utah......................... 1303,1308
Washington.............. 1357,1363
West Virginia...........
1384
809
J 85
.............. \ 97 1400,1401
Wyoming.................
1444
(1471-1473) 97 1430,1431
United States........... <1526,1530> 111
213-216
(See also Eight-hour I
1531j
day.)
I.
Illiterate employees on
railroads.
(See Rail
roads, illiterate em
ployees on.)
Immigrants, distribution
of:
Massachusetts...........
97 1103,1104
Twentysecond
Annual.
Page.
Bulletin.
No.
Immigrants, l o d g i n g
houses for:
New York................
97
Immigration:
J1528,15291
United States........... (1531-1533/
United States (Op.)
86
Immigration, bureau of
industries and:
91
New York................ ............... J 111
\
(See also Alien contract labor.)
Immigration, commission
on. (See Commission.)
Importing workmen from
outside the State:
Oregon...................... 1057,1058
Inclosed platforms. (See
Protection of employees
on street railways.)
Incorporation of labor or
ganizations, etc (See
L a b o r organizations,
etc.)
Industrial commission:
Wisconsin.................
97
Industrial directory:
New York........
97
Industrial diseases. (See
Occupational diseases.)
Industrial Peace, Foun
dation for the Promo
tion of:
United States...........
1534 85
Industrial relations, com
mission on:
United States...........
111
Industries and immigra
tion, bureau of:
91
New York............... ............... 1 111
I
Injuries causing death,
right of action for:
New Jersey (D)........
90
84
Pennsylvania (D)
Injuries causing death,
right of action for, list,
etc., of laws granting...
85-87
Injuries, personal, actions
for:
Arizona.....................
111
Colorado...................
85
Connecticut..............
230 97
Delaware..................
257
{irAfYrfria
291
Hawaii.....................
306,307
Illinois................
350
Indiana.....................
379 85
Iowa.........................
443
Kentucky.................
497
Louisiana.................
517
Massachusetts...........
606,607
Michigan..................
653
Missouri...............
758,759
Nevada.....................
824
New Jersey...............
851 97
10681
Pennsylvania.......... /\1069,1149/
South Carolina..........
1229
Tennessee................. 1252,1253
12821
Texas........................ /\l283,1285J
Wisconsin.................
97
Wyoming................ . i443,i444
Page.
1242-1244
300-305
1097-1099
176-178
1415-1423
1236
814
216,217
1097-1099
176-178
833,834
418-420
35,36
521,522
984
566
1213
1415
244
BULLETIN OF THE BUKEAU OF LABOB.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Injuries to employees.
No.
Indiana,. . ................
Massachusetts...........
Minnesota..........
Missouri....................
Missouri (T>)...
Nebraska..................
New Jersey...............
85
85
232,233
Connecticut
97
385,386 85
579
674
738,739{ 85
97
88
85
85
869-87l] 97
111
920-922 97
1011
97
f
11451
\1146,1179/
91
1277 85
1365,1366
85
1417-1419/ 97
505-507
524,525
1043,1044
570-572
85
580
85
697
New York................
Ohio.........................
Oklahoma.............
Pennsylvania...........
Rhode Island............
TfinnessfiA.................
Washington..
Wisconsin.................
\
Inspection and regulation
of barber shops:
Transas
840,841
New Hampshire
North Dakota...........
(See also Examina
tion, etc., of bar
bers.)
Inspection and regulation
o f factories and work
shops:
136
Alabama...................
Arkansas..................
California................
Colorado.................. ..............{
/ 236-238\
Connecticut. .
\ 245,248/
255-257
Delaware.............
District of Columbia.. /\ 265,2661
268,269/
290
Georgia...................
/ 340-343]
Illinois...................... \ 375,3761
397-402
Indiana.....................
444,445
Iowa.........................
479,480
Kansas.....................
Kansas (D )...............
503,504
Kentucky.................
Louisiana..................
Maine........................
Maryland...............
f
\
Page.
Inspection and regulation
of factories ana work
shops—Concluded.
Nebraska..................
Nevada........ ............
New Hampshire.......
New Jersey...............
■
N
T V
1
JNew
Yors;................
655,656
1151,1152
887,888
660-668
679-681
1228,1229
151-154
1240
North T)alrrttfi
Ohio
Oklahoma.................
Orptrnn
i270,'i27i
1149-1151
773,774
804
1406,1407
Pennsylvania...........
Pennsylvania (D)
TclonH
South Dakota...........
Tennessee..................
Utah.........................
Virginia
Washington..............
Washington (D ).......
West Virginia...........
97
85
85
97
946
503
517-522
974-979
85 545-553
1003,1004
97{ 1014-1017
97 1056-1060
97 1079,1080
90
85
837-848
586,587
587
522,523| ® { 599-601
111
83
524,525 97 1098,1099
540-5421
1063
562,570 91
571
585-590 85 /\ 613,614
600-602 91 620,624
1073
612-616 97
624 111 1109,1119
103,106
653,654
659-662 85 638,639
665
667-669
673,674 97 1142,1144
706 111 146,147
I
f
Massachusetts........... J
1
[
f
Michigan................... i1
I
Minnesota................. /\
Mississippi................
f 720-7231
Missouri
{ 736,739} 85
I
740]
Page.
;
Inspection and regulation
of bakeries, etc.:
California..............
..............
Twentysecond
Annual.
Bulletin.
650-652
Wisconsin.................
Cellars and
basements, use of;
F a c t o r i e s and
workrooms, venti
lation, etc., of; Fire
escapes; Guards for
dangerous machin
ery;
Inspection,
etc., of bakeries;
Inspectors, factory;
Laundries; Seats
for female employ
ees; Sweating sys
tem; Toilet rooms.)
Inspection of factories
and workshops, com
mission on laws relat
ing to:
Illinois......................
Inspection, etc., of mer
cantile establishments:
New Jersey...............
New York................
Inspection, etc., of mines.
(See Mine regulations.)
Inspection of locomotive
boilers:
820,821
Bulletin.
No.
Page.
97 1186-1189
97* i 26i,'i 202
97 1222-1229
861-869/ 111
148,149
9l{ 1088-1090
1097
911-920 97 1232-1239
111 171-175
977
(
9971
J1007,10081 97 1251-1255
11012-10161
11032,1033J
85 716-718
85 740-748
1063-1066{ 97
1275
f
10791
1080,1134
IOO/I LdoO
IOQK
{1135,1161 • 97/ iZ<y±f
1163,1164
1287
11177-1181.
88 875-877
(1209,12101 91 1149-1151
{1214,12151' 97
1342
[1223,1224J
1239
1256,1257
1303
791
/ 85
111
197
f
1343\
\1369-1372J
87 645,646
1386,1387
f
14071
810
J1408,1410 85
U415-1417 97| 1399-1408
11424,1438
1414
(See also
Indiana........................
Massachusetts...........
New York.................
Ohio
Vermont...................
United States...........
InsDection of railroads,
r a i l r o a d equipment,
etc.:
Connecticut..............
Michigan...................
85
539,540
97 1219-1221
1238
927,928 97
97 1044-1046
621 85
619
937-939
"9!' ii4i,*ii42
1363
97
97 1427-1430
97
85
985,986
640,641
245
CUMULATIVE INDEX OF LABOR LAW S.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Inspection of railroads,
railroad equipment,
etc.—Concluded.
Montana..................
Ohio........................ .
Washington..............
Inspection of steam boil
ers:
Colorado...................
Connecticut..............
Indiana................... .
Iowa.........................
Maine...................... .
Maryland.
Massachusetts..
Michigan...
Minnesota..
Montana.
No.
665
1141,1142
1382,1383
222,223
244,245
408
446
524
563,5641
566-568/
621\
624-629/
No.
Massachusetts..........
Michigan...
Minnesota..
Missouri....
Montana...
Nebraska..
585
609,615> 85
I 629,630J
660,661
700,702
/ 720,723\
\ 743,744/
\
: 85
97
111
97
,111
85
l 97
85
New Jersey.
New York.
Ill
Bulletin.
Page.
Inspectors, factory—Con.
.......655
677-681
f 763-7681
I
786/
915]
937-939
New York.
945-947
1015,1016 97
Ohio..........
11351
Pennsylvania........... fill36,1179]
(See aUo Inspection
of locomotive boil
ers.)
Inspection of steam boil
ers in mines. (See Mine
regulations.)
Inspection of steam ves
sels:
404,405
Indiana....................
529
Maine........................
85
Michigan...................
678,679
Minnesota.................
830,831\
New Hampshire.
838-840/
852,8531
New Jersey.........
871-874J
932-934
New York . .........
1164-1168
Pennsylvania___
Washington........
1373-1376
/1477-14841
United States___
\
1529J
Inspectors, boiler:
222,223
Colorado..........
Connecticut___
244,245
Indiana,.............
563,564\
Maryland........
566/
624,625 97
Massachusetts..
677,678
Minnesota........
763,764
Montana..........
/
938\
New York.......
\ 945,946/
Ohio................
ii35,’ ii36
Pennsylvania..
United States..
Inspectors, factory:
136
Alabama..........
Arkansas.........
Colorado..........
245
Connecticut—
256,257
Delaware.........
341,342
Illinois.............
401,402
Indiana...........
434,435
Iowa................
477,478
Kansas.............
488,489
Kentucky........
507,523/
Louisiana........
526
Maine.......
541,542
Maryland.
Twentysecond
Annual.
Bulletin.
614,615
617,618
108-110
1259-1263
631-634
815
1044,1045
1056,1057
1120
1259-1263
1428-1430
940
946
515,517
523
1612
1056-1058
78,79
597,601
81
1098,1103
85,86,98
Ohio..........
Oklahoma..
Pennsylvania............
Philippine Islands
Rhode Island............
South Carolina..........
Tennessee..................
Washington..............
West Virginia...........
Wisconsin.................
Inspectors, mercantile:
New York.................
Inspectors, mine:
Alabama...................
Arizona.....................
Arkansas...................
/
1079\
\1180,1181j
1208-1210
85
Page.
613,614
675,676
1222
149-151
1242
168
703,704
1256
715,716
757
*85* ’ *767,’ 768
771
1256,1257/ 85
97
1348
1360
1381,1382
1407 *97* 1417-1419
85
689
121 97 922-926
36,37
m{
47,48
150
f 207,2081
Colorado................... \ 211-214I 97
966
1
225j
308-311
Idaho........................
354-360 97 1020-1023
Illinois......................
415-417 97 1056,1057
Indiana.....................
436-438 97 1066,1067
Iowa.........................
Kansas............... / 465,473\
1 474,487/
Kentucky................. /\ 497-502\
504r-506j 85 580,581
Louisiana..................
1062
91
Maine........................
526
553-555
Maryland..................
Mfanigan......................
648,649 *97* i i z U m
691-694
Minnesota.................
Missouri....................
731-733
/
768-770 *85* **657,*658
Montana................... \ 788-791
97 1157-1162
671-674
Nevada.....................
1191
£
157
New Mexico...........
m { 162,163
922
New York.................
968,969
North Carolina..........
981,982
North Dakota...........
* 705-707
986-988| *85* 1110-1113
Ohio.........................
91
1038 85 725-728
Oklahoma.................
/1087-1090\
1283
Pennsylvania........... 11120-1124/
97{ 1320-1325
South Dakota........... 1236,1237
1249\
Tennessee.................. /11257-1262/
Texas...................... 1301,1302 85
783
Utah.........................
1311
Virginia.....................
111 197,198
1365
Washington.............. /1343,1344\
11349,1350/ 97
West Virginia........... 1391-1393
1443 85 812-814
Wyoming.................. /\1456-1460
97
1427
United States...........
1523
246
BULLETIN OP THE BUBEAU OP LABOB.
Cumulative index of labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Bulletin.
No.
Page.
Inspectors, railroad:
372
Illinois......................
619
Massachusetts...........
Michigan...................
669,670
Nebraska..................
815,816
Ohio......................... 1003,1004 91 1141,1142
Texas, _____________
97
1351
Washington., ,. __
1367
Insulation of poles for elec
tric wires:
Massachusetts. . _....
610
Insurance,accident. (See
Accident insurance.)
Insurance, collective:
85
603
Maine........................
85
679
New Jersey...............
Insurance, cooperative.
{See Compensation.)
Insurance, employers’ li
ability :
350 111
76
Illinois......................
Massachusetts............
111
119
Michigan, T________
111 137-139
91
1134
Ohio.........................
1233
Insurance, industrial:
85 809,810
Wisconsin
Insurance, workmen’s.
(See Compensation.)
Intelligence offices. (See
Employment offices.)
Intemperate employees:
164
California..................
374
Illinois......................
633,642
Michigan...................
806
Nebraska..................
851,852
New Jersey.. ...........
898,932 85
688
New York................
977
North Dakota...........
1002
Ohio.........................
1328
Vermont...................
1409
Wisconsin.................
(See also Intoxica
tion, etc.)
Interference with employ
ment:
130
Alabama
230,231
Connecticut
253
Delaware
/ 292,293\
Georgia..................... \ 296,297/
333
Illinois
494
Kentucky
Minnesota
686,690
833
New Hampshire
859,860
New Jersey
892
New York . . .
971
North Dakota
1076,1138
Pennsylvania..
1218
Rhode Island.
Utah......................... 1302,1311
802
Washington
85
W^-St Virginia 7
1400
Wisconsin
1441
Wisconsin (D). . .
83 157-163
815
United States .
85
(See also Blacklisting;
Boycotting; Con
spiracy
against
workingmen; En
ticing employees;
Intimidation; Pro
tection of employ
ees; Strikes of rail
road employees.)
Twentysecond
Annual.
Page.
Bulletin.
No.
Page.
Intimidation:
Alabama...................
130,135
Connecticut..............
231 85
526
Idaho........................
320,321
/
332\
Illinois.
\ 371,372/
Louisiana..................
512
Maine........................
532
Massachusetts...........
593,594
Michigan...................
647
Mississippi................
705
Missouri....................
711
Missouri (D).............
80 155-161
New York.................
894,895
North Dakota...........
984
Oklahoma.................
1040
Oregon......................
1044
Porto Rico................
1202
Rhode Island............
1218
South Dakota...........
1245
Texas........................ 1284,1285
Utah.............
1325 97
1354
Vermont . . .
*1330
(See also Interference
with employment,
and cross refer
ences.)
Intoxicating liquor. ( See
Liquor.)
Intoxication of employ
ees:
85
•497
{ 97
Alabama.......
939
56
111
Arizona.....................
141,142
Arkansas.. . .
153
California.................
173
/
230\
Connecticut.............. \
244,245/
Florida...................
283
Idaho........................
321 85
539
Illinois......................
1038
97
Indiana.....................
429
Iowa..........................
1078
97
Maine........................
529
Michigan, __________
642
1142
Minnesota.................
688 97
Mississippi................
705
Missouri....................
710,711 ’ 85* ........ 652
1175
Montana...................
786 97
NAhra^Va
801
Nevada.....................
817
New Jersey...............
859
885
New Mexico..............
New Y ork..*...........
941,942
North Carolina..........
964
North Dakota...........
984
Ohio..........................
91 1127,1128
Oklahoma.................
1040
Oregon......................
*97* .......1276
1332
Pennsylvania............
1130 97
Porto Rico................
1203
1245
South Dakota...........
Utah.........................
1324
Vermont................... 1329,1330
85
Washington..............
801
1379
West Virginia...........
811
1462 85
Wyoming..................
(See also Intemperate
employees; Liquor,
use of, by work
men.)
Inventions, etc., of em
ployees:
111 215,218
United States........
247
CUMULATIVE INDEX OF LABOB LAW S.
Cumulative index o f labor laws and decisions relating thereto—-Continued.
Twentysecond
Annual.
Page.
No.
Iron and steel industry,
investigation of:
United States............
91
Isthmian Canal, compen
sation for injuries to
employees on:
f 85
United States........... ...............^
1 9^
Isthmian Canal, hours nf
labor on:
United States........... 1530,1531
J.
Japanese, report on, di
rected:
California..................
Judgments for wages.
(See Suits for wages.)
85
K.
Kidnapping:
New York.................
Washington___
97
85
85
Labels. (See T r a d e marks.)
Labor agents. (See Em
ployment offices.)
Labor agreements not
conspiracy. (See Con
spiracy, labor agree
ments not.)
Labor and industries,
State board of:
Massachusetts...........
111
Labor and industry, soci
ety of:
Kansas......................
475-479
Labor, bureau of. (See
Bureau of labor, etc.)
Labor commission:
Hawaii......................
304,305
Idaho........................
313
Indiana.....................
386-390
Labor, commissioner of.
(See Bureau of labor,
etc.)
Labor conditions in fac
tories, commission on:
97
New York................ .............. / 111
I
Labor contracts.
(See
Contracts of employ
ment.)
Labor, employment of.
(See Employment of
labor.)
Labor, etc., local or spe
cial laws regulating.
(See Local or special
laws, etc.)
L a b o r organizations,
bribery of representa
tives of:
New York.................
956
Labor, organizations, ex
cluding members of Na
tional Guard:
New York.................
895
Wisconsin................. 1439,1440
Twentysecond
Annual.
Bulletin.
Page.
1159
815
1432
Page.
Labor organizations, in
corporation, regulation,
etc., of:
Connecticut..............
Georgia.....................
Iowa.........................
Kansas......................
Louisiana..................
Main©........................
Maryland..................
248
295
430
45Q
509,510
Bulletin.
No.
Page.
85
603
538
5941 85
621
Massachusetts........... \ 595,610/ 97
1109
1 611,614J
Michigan...................
643-646
Nebraska..................
802
New Hampshire.......
834
New Jersey...............
509
845 85
679
888,9311
New York................. /\ 932,956/
Ohio.........................
986
Oregon......................
1275
97
(
10761
Pennsylvania............ {■1138-1140 •
1236,1237
I
1146
800
12811
Texas........................ /\1282,1287/
815,816
Wyoming..................
1455
816
15141 85
United States........... /\1515,1518/
111 219,220
Labor organizations, pro
tection of employees as
members of. (See Pro
tection of employees as
members of labor or
ganizations.)
L a b o r organizations,
using false cards, etc.,
of:
California..................
85 510,511
119-122
Georgia.....................
295
Minnesota.................
689
New York.................
931,932
Pennsylvania............
1146
Rhode Island............
764
85
Texas........................
85
781
Virginia....................
85
790
Wisconsin.................
1440
Labor organizations. (See
also Antitrust act; Con
spiracy, l a b o r agree
ments not; T r a d e
marks of trade-unions.)
L a b o r , Sunday. (See
Sunday labor.)
1235,1236 Laborers, a l i e n . (See
168
Alien laborers.)
Laborers, exemption of,
from license tax, list of
laws granting...............
82
Laborers’ lodging houses.
(See Lodging houses.)
Laborers. (See Employ
ees.)
Laundries, regulation of:
Arizona.....................
499
85
California (D)...........
88 888,889
District of Columbia
(D )........................
854
90
Hawaii___________
301,302
New York.................
915
Virginia
91 1152,1153
Leave of absence for em
ployees in public serv
ice:
California..................
509
85
District of Columbia..
274
f
248
BULLETIN OP THE BUBEAU OP LABOR.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Leave of absence for em
ployees in public serv
ice—Concluded.
Iowa.........................
Nevada.....................
New York................
North Carolina______
United States...........
United States (Op.)..
Letter carriers, hours of
labor of:
United States...........
Letters of recommenda
tion. (See Employers’
certificates.)
Liability of corporations
for debts of contractors
for labor, list of laws de-
Iowa..........................
Iowa (D)...................
TCansas.........................
“Kansas (D )...............
Louisiana..................
Maine......................
Maryland..................
Massachusetts...........
Michigan...................
Page.
575,576
1191
692,693
1102
174
97
1473^ 111
1431
220
218
306-309
82
tftrrnining_____________
Indiana (D)..............
No.
85
97
85
{ 91
111
962
f
14641
U470,1471V 111
[1473,1474J
86
Liability of employees for
negligence. (See Negli
gence.)
Liability of employers,
and workmen’s com
pensation for injuries,
commission on. (See
Commission, etc.)
Liability of employers for
injuries to employees:
Alabama...................
Arizona.....................
Arkansas...................
Arkansas (D )............
California..................
California (D)...........
Colorado...................
Connecticut.
District of Columbia..
District of Columbia }
(D )........................ f
'
Florida......................
Georgia.....................
Idaho........................
Illinois...................
f
Indiana..................... \
I
Twentysecond
Annual.
Bulletin.
922
127-129 97
35,36
139 m l
62,63
\
155,159 97 942,943
84 420-422
949
166 97
92 273-275
974
192,193 97
242
267
‘ si* **4i(Mi5
| 86 310-313
..........|
I 89 419-422
280
287-289 85 *532*533
85 534-536
1012
97
.564
3791 85
380,384 97| 1049-1051
1058-1060
395-397
415
81
82 664,665
83 150-153
90 848-852
99 709-711
431,452 85 573,575
883,884
{ 88
93 644-649
474,475 97 1094-1095
87 640-642
83
111
601
85/ 609-611
i
553 85 611.612
,615
85/ 614
625-627
605-608 91 1077,1078
97
1121
111
103
85 630,631
123
.............. L 111
Bulletin.
No.
Liabili ty of employers for
injuries to employees—
Concluded.
Minnesota.................
Minnesota (D )..........
677,685
84 424-427
649,650
702,705] 85
1084
91
\ 707,708j 111
147
93 641-644
Mississippi (D)..........
/
713,715\
97
1151
Missouri.................... \
758/
641
93
Missouri (D).............
95 303,304
97
1155,1156
780,794^
Montana...................
86 319-322
89 416-419
Montana (D).............
l 92 276-278
810 97*| 1185,1186
Nebraska..................
1188
87
Nebraska (D)............ ...............{ 90 647-649
852-854
828
Nevada.....................
97
1206
New Hampshire.......
676-678
New Jersey............... ...............\ 85
1213
\ 97
92
281
New Jersey (D )........
884,885 111 157,158
New Mexico..............
/
936,937
690,691
85
New York................. \ 949-951 91
1091,1092
92 279,280
New York (D)..........
98 468,469
961^
North Carolina..........
978,985
North Dakota...........
J1002,1003
**706,*70i
Ohio......................... \1028,1035 *85*
91 1134^1137
Oklahoma................. 1038,1039
Oklahoma (D )..........
88 880,881
1052 97 1272-1274
Oregon......................
1189
Pennsylvania...........
Philippine Islands
*85* ” 757-759
Porto Kico................ 1199-1201
111
183
Rhode Island............
South Carolina.......... 1224,1229
*85*
*
770,*
77i
South Dakota........... 1240,1247j 97
1346
South Dakota (D)
90 836,837
1286\ 85 785,786
Texas........................ /\l287,1292/
83 153-157
Texas (D).................
90
835
Utah......................... 1309,1310^
Utah (D )..................
*87* '*649*650
97 1361-1363
Vermont...................
1331\ 111
209
Virginia..................... /\1332,1334J
Wisconsin..,.._____
1402
1436 97
Wisconsin (D )..........
88 877-880
United States........... 1536,1537 91
1155
86{ 313-319
322-331
88
882
89 422,423
United States (D)..
92 281-285
95 300-304
96 839,840
98 469-478
(See also Compensa
tion; Contracts of
employees waiving
right to damages;
Employment
of
labor; Fellow-servants;
Injuries,
etc.;
Insurance,
employers’ liabilMississippi.................. /
249
CUMULATIVE INDEX OF LABOB LAW S.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
No.
Liability of employers for
taxes of employees:
California........
163,164
Georgia.....................
286
97
Tdabo____ ___ . _ .
319-f 111
1
Louisiana.________
520,521
Nevada.....................
817
Pennsylvania______
1169
Washington..............
1365
(See also Employers
to furnish nam«?
etc.)
Liability of railroad com
panies for debts of con
tractors. (See Liabil
ity of stockholders;
Protection of wages.)
Liability of railroad com
panies for injuries to
employees. (See Lia
bility of employers.)
Liability of railroad com
panies for wages due
from predecessors:
Wisconsin.................
1436
Liability of stockholders
of corporations for wage
debts, list of laws deter
mining.........................
82
License tax, exemption of
mechanics, etc., from,
list- of laws granting....
82
License tax on employ
ments:
Louisiana (D)...........
99
Montana (D).............
99
Licensing, etc. ( ^ E x
amination, etc.)
Liens, digest of laws re
lating to.......................
33-78
Liquor, sale of, to em
ployees:
Arizona.....................
111
85
California..................
Hawaii......................
307
Iowa.........................
432
580,581
Massachusetts...........
Minnesota.................
671 85
Nevada.....................
97
New Hampshire.......
838
1009
Ohio.........................
Oregon......................
97
South Dakota...........
1239
Utah
97
................... 1329,1330
Vermont
Washington..............
13*4
West Virginia.. . . . . .
1389
Liquor, use of, by work
men, etc.:
85
Ohio.........................
Oregon......................
97
Wyoming.................
85
Loans to employees:
111
Louisiana.................
Local or special laws reg
ulating labor, etc.:
Kentucky.................
487
507
Louisiana.................
1068
Pennsylvania...........
Texas........................
1278
1331
Virginia....................
Locomotive boilers, in
spection of. (See In
spection of locomotive
boilers.)
Twentysecond
Annual.
Bulletin.
Page.
Page.
998,999
76
Bulletin.
No.
Page.
Locomotives, headlights
on.
(See Railroads,
safety provisions for.)
Locomotives, etc., aband o n m e n t of. (See
Strikes of railroad em
ployees.)
Lodgmg houses, immigrants’ :
New York................
97 1242-1244
Lodging houses, laborers’ :
Connecticut..............
241,242
Hawaii.....................
301
Lodging houses, sailors’ :
Louisiana.................
516
New York.................
942-944
Oregon...................... 1060-1062
)1226,12271
South Carolina.......... 1
1233/
United States...........
1506
(See also Seamen.)
Lunch, time for. (See
Time for meals.)
M.
Mail, obstructing:
United States............
1473
Mail service, o c e a n ,
American vessels and
crews for:
United States...........
1474
Married women, earn
ings of. (See Earnings
of married women.)
719
717,718 Master and servant.
(See Employment of
labor; Liability of em
ployers; and cross ref
erences under each.)
Matches, use of white
phosphorus in making:
111
United States...........
37
511 Meals, time for. (See
Time for meals.)
Mechanics, exemption of,
from license tax, list of
laws granting...............
82
641
1192 Mechanics, exemption of.
from manufacturers’
taxes:
Philippine Islands... 1197,1198
1274
Mechanics’ liens:
Illinois (D)................
1355
98
Pennsylvania (D)
98
Digest of laws relat
ing to.....................
33-78
Mediation. (See Arbitra
tion.)
700 Medical attendance for
employees in smelting
1276
works:
811
New Mexico..............
882
83,84 M e r c a n t i l e e s t a b
lishments, etc., inspec
tion of. (See Inspec
tion, etc., of mercantile
establishments.)
Mercantile inspection,
bureau of:
New York.................
85
Messenger service by
children. (See Chil
dren, employment of,
in street trades.)
210-213
484,485
482,483
689
250
BULLETIN OF THE BUKEAU OF LABOE.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Millworkers, Lawrence,
Mass., condition of:
United States...........
Mine employees, associa
tions of:
Kansas.....................
Michigan...................
Mine gases, etc., investi
gation of:
Kentucky.................
United States...........
Mine inspectors. (See
Inspectors, mine.)
Mine regulations:
Alabama...................
Arizona.
Arkansas........
Arkansas (D).
California.......
Colorado.
Idaho___
Illinois...
Kansas.........
Maryland...
Michigan__
Minnesota...
Missouri___
Montana.
Nevada.............
New Mexico___
New York....... .
North Carolina..
Ohio.
Oklahoma............
Oregon.................
Pennsylvania.......
Pennsylvania (D ).,
Mine regulations—Con.
South Dakota.........
583
1432
169,1701
184-186/
1881
203-217/
321
326
350-371
/ 409-419\
\ 425-428/
f 436-4431
\
452/
462-4721
481-483
486
Kansas (D).
Kentucky...
Page.
472-474
645,646
Illinois (D).
Indiana........
Indiana (D)..
Iowa........... .
Iowa (D)......
No.
I ll
121-127\
136,137/
143,144
1451
148-153>
157-159J
497-5021
505,506/
Twentysecond
Annual.
Bulletin.
Tennessee..............
Texas.....................
Utah......................
Virginia.................
Washington...........
West Virginia........
West Virginia (D).
Bulletin.
No.
J1236-12391
11245,1246/
/1250,12511
\1257-1275/
1299-1302
1311-1319
1351-1353
1356
197,208
796-798
1365
1343-1352/
/1380,13811
\1387-1402j
712-714
811-813
1426,1427
842-845
Wyoming........
922-942
36,47-58
81
419-424
966,967
536-539
1055-1059
1017-1043
278.279
286-288
315-317
566
840-842
1066-1079
639-641
578,579
1093,1094
418,419
720
580-583
1059.1060
1065,1066
639,640
1134-1136
553-561
638,639
648-652
692-694
72-1-735'
653,654
748-750
1153,1154
759,760
775-779
786-788 97 1157-1181
791.793
798;799
1197-1201
817
157,158
882-884
162-168
922-9241
930/
Q64)
1246
966-969
705-707
986-994
710
1021,1024
1110-1133
1025,1031
1250,1251
1037
721-739
1145
1049,1050
754
/1085-1133]
1287-1336
\1154-1158i
1338
646,647
Wyoming (D).
United States..
(See also Accidents in
mines; Inspectors,
mines; Mines,etc.)
Mine regulations, com
mission on. (See Com
mission, etc.)
Miners, examination, etc.,
of. (See Examination,
etc.)
Miners’ home:
Pennsylvania...........
Miners’ hospital:
California..................
Maryland..................
New Mexico..............
Pennsylvania...........
Utah.........................
West Virginia...........
Wyoming.................
Miners, qualifications of.
(See Examination, etc.,
of miners.)
Mines, accidents in. (See
Accidents in mines.)
Mines, bureau of. (See
Bureau of Mines.)
Mines, department of.
(See Bureau of Mines.)
Mines, electric wiring,
etc., in:
Alabama...................
Idaho........................
Illinois......................
Kansas......................
Montana...................
New York.................
Ohio........................
Oklahoma...............
Pennsylvania..........
Texas......................
Mines, fire fighting and
rescue stations for:
Illinois.....................
Kentucky..
Nevada—
Ohio.........................
Mines, etc., hours of la
bor in. (See Hours of
labor, etc.)
Mines, inspection of. (See
Mine regulations.)
Mines, inspectors of. (See
Inspectors, mine.)
/1523-15251
\
1537/
1149-1151
185
885,886
1341,1342
1320,1321
1383,1384
1444.1445
938,939
538
1033
ii74
924
710
1122,1123
733
1307-1316
1351,1352
1115,1131
1053,1054
1041-1043
1059
1191,1200
91
1201
1113
251
CUMULATIVE INDEX OP LABOR LAWS.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Minimum wage laws:
Massachusetts...........
Ohio.........................
Minors, earnings of. (See
Earnings of minors.)
Misdemeanors, penalty
for:
Georgia.....................
Minnesota.................
Utah........................
Moving-picture ma
chines, examination,
etc., of operators of.
(See Examination,etc.)
Page.
No.
116-118
178
294
675
1323
N.
Namesofemployeesto be
furnished. (See Em
ployers to f urni sh
names, etc.)
National Guard,members
of, not to be excluded
from labor organiza
tions. (See Labor or
ganizations, etc.)
National Guard, protec
tion of employees as
members of. (See Pro
tection of employees as
members of National
Guard.)
National trade-unions:
15141
United States........... /11515,1518/
Negligence of employees
in salt works:
942
New York.................
Negligence of employees
of common earners:
137
Alabama...................
141,142
Arizona.....................
Arkansas...................
145
172,173
California..................
230
Connecticut..............
283
Florida.....................
292
Georgia.....................
321
Idaho........................
332
Illinois......................
Kansas......................
455
510
Louisiana..................
531,532
Maine........................
612,621
Massachusetts...........
Michigan......................
643 85
686-688
Minnesota.................
704,705
Mississippi................
Missouri....................
710
786
Montana...................
859
New Jersey..............
/
898,934)
New York................. i 935,944/
North Dakota...........
983,984
Oklahoma.................
1040
Oregon......................
1043
Pennsylvania........... 1077,1078
Porto Kico................
1203 85
South Carolina.......... 1230,1232
South Dakota........... 1244,1245
Tennessee................. 1253,1254
Utah......................... 1323,1324
Vermont...................
1328
Virginia....................
1340
Washington.............. 1355,1356 85
West Virginia...........
1379
United States...........
1521
Twentysecond
Annual.
Bulletin.
Bulletin.
No.
Page.
Negligence of operators of
steam boilers, etc.:
Arizona.....................
141
California..................
172,173
Idaho........................
321
Minnesota.................
Montana...................
785,786
New York................
944
North Dakota...........
983
Pennsylvania...........
1167
Porto Rico................ 1202,1203
South Dakota...........
1244
Negligent fellow servant
to be named in verdict:
Minnesota.................
685
Newsboys. (See Chil
dren, employment of,
in street trades.)
Night work. (See Chil
dren, night work by;
Women, night work
by.)
Nonresidents, employ
ment of, as armed
guards. (See Armed
guards.)
Notice of intention to
terminate employment.
(See Employment, ter
mination of, notice of.)
Notice of reduction of
wages. (See Wages, re
duction of, notice of.)
O.
633
759,760
801
Obligations of employers,
etc. (See Employment
of labor.)
Obstructing mail:
United States...........
Occupational
commission on:
Illinois..........
Occupational
reports, etc., of:
California.......
Connecticut...
Illinois...........
Maryland......
Massachusetts
Michigan.......
New Jersey...
New York___
Ohio..............
Wisconsin___ _____
Ocean mail service, Amer
ican vessels and crews
for:
United States...........
Offenses. (See N e g 1i gence.)
Oil and gas wells near
mines:
Illinois......................
Ohio.........................
Old-age insurance and
pension, commission on:
New Jersey...............
Overtime work:
United States...........
Oystermen:
Maryland..................
North Carolina..........
1473
91
1054
962
986
1014-1017
86
1119
1133
156,157
1232
1270
1401
1474
1043
1256,1257
1221
220
545,546
961
252
BULLETIN OP THE BUBEAU OP LABOR.
Cumulative index of labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Twentysecond
Annual.
Bulletin.
No.
P.
Payment of wages due
deceased employees:
129
Alabama.................
Arizona...................
Delaware.................
990
295,296
Georgia...................
705,706
Mississippi..............
676
New Jersey.............
85
Pennsylvania...........
1187
Payment of wages due at
end of employment:
142
Arizona.....................
153,154
Arkansas...................
638-640
Arkansas (D )............
964
California..................
201
Colorado...................
1000
Idaho........................
1052,1053
Indiana.....................
455
1092,1093
Kansas......................
84
Louisiana.................
1073
Massachusetts...........
850,851
New Jersey...............
1067
Oregon......................
1228 97
1344
South Carolina..........
Payment of wages in bar
rooms:
175
California..................
Nevada.....................
1199
Payment of wages in scrip:
142,143
Arizona....................
155,156
Arkansas..................
948
California.................
199-201
Colorado...................
286
Georgia................... .
371
Illinois......................
391-393\ 97
1048
Indiana........... .
406,418/
441
Iowa.................
460
Kansas..............
488,495
Kentucky.........
87 655,656
Kentucky (D)..
511
Louisiana........ .
570
Maryland........ .
637
Michigan......... .
791,792
Montana...........
823 97
1191
Nevada............
849
New Jersey___
884,887
New Mexico___
901
New York....... .
685
North Carolina..
*744
Oklahoma.........
1066,1067
Oregon.............
1168,1169
Pennsylvania..
760
Porto Rico.......
85
1228\
South Carolina.
,1229,1232/
^
1252\
,1253,1256/
1288
Texas..................—
1327
Vermont...................
Virginia.................... 1339,1340
1352
Washington..............
1382
West Virginia...........
1412
Wisconsin.................
0See also Company
stores.)
Payment of wages, modes
and times of:
142
Arizona.....................
153
500
Arkansas...................
890-892
Arkansas (D )............
California..................
964
97
200,201
Colorado...................
241,242
Connecticut..............
303
Hawaii......................
Page.
Payment of wages, modes
and times of—Concld.
Illinois......................
Indiana....................
Iowa.........................
Kentucky..
Louisiana..
Maine........
Maryland........
Maryland (D)..
Massachusetts..
Missouri..
New Hampshire.
New Jersey.........
New York..........
New York (D). ..
Ohio...................
Oklahoma...........
Pennsylvania___
Rhode Island___
South Carolina...
Tennessee..................
Vermont...................
Virginia.....................
West Virginia...........
Wisconsin.................
Wyoming..................
Payment of wages, refusal
of. (See Wages, refus
ing to pay.)
Peddlers’ license, exemp
tion of mechanics from,
list of laws granting___
Penalty for misdemean
ors. (See Misdemean
ors.)
Pension for employees:
Massachusetts..
Bulletin.
No.
334,335
1048
391-393 97
441
455
502
80
111
528,529 97 1095,1096
552,5531
569,570} 91
1072
573)
99 720-722
1073
91
1104
97
144
111
709,725' 85
651
745,747 97
1150
748;
674
83: 85
97 1202,1203
1212,1230
850,857 97{
1231
901 85 685,691
1090
902,931 91
86 340-347
90 854,855
1027
744
85
1144,1188
1216
H228,1229\
[1231,1235/
1252
1326,1327
197
1339
1383
1430
1426,1427
1453,1454
82
1076
1078-1084
1105-1108
1110-1116
1120
104-108
1085,1087
New Jersey...............
1240,1241
New York................
1075
Pennsylvania...........
Peonage:
819,820
Nevada.....................
816
United States........... 1465,1522 85
Pesthouse, erection of, for
employees:
New Mexico..............
885,886
Phosphorus, white, use
of, in manufacture of
matches:
111 210-213
United States...........
Picketing:
130
Alabama...................
223
Colorado...................
(See nlso Interference
with employment.)
Plate printers, wages,
etc., of:
111 217,218
United States...........
253
CUMULATIVE INDEX OF LABOB LAW S.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Plumbers, examination,
etc.. of. (See Exami
nation, etc.)
Poisons, handling, manu
facture, etc., of:
Illinois......................
P o l i c e officers. (See
Armed guards.)
Policemen, employment
of, as laborers:
Maryland.......
Poll tax of employees, lia
bility of employers for.
(See Liability of em
ployers for taxes of em
ployees.)
Postal employees, rights
of:
United States...........
Powder, use of, in mines.
(See Mines, blasting
etc., in.)
Powers of corporations,
restriction of:
PfvnT^ylvsvnia _.
Preference of wages. (See
Wages as preferred
claims.)
Printing, public. (See
Public printing.)
Profit sharing by corpora
tions:
Connecticut..............
Massachusetts...........
Protection of alien labor
ers. (See Alienlaborers.)
Protection of employees
as candidates for office:
Wyoming.................
Protection of employees
as members of labor or
ganizations:
Bulletin.
No.
Page.
97 1014-1017
569
111
220
1085
234
609,610
1447
175
Colorado...................
197,198 97 965,966
Connecticut..............
231
Idaho........................
322
Indiana.....................
381,382
Kansas......................
479
Massachusetts...........
594
Minnesota............ .
689
Mississippi................
85
648
Nevada.....................
822
New Jersey...............
846,847
Ohio..........................
1010
Otdahoma.................
85
718
Oregon...................... 1055,1056
Pennsylvania............
1164
Porto Rico................
1203
P.OVaI1YIO
85 **766,"767
Utah.........................
97
1354
Wisconsin.................
1441
United States...........
111
220
Protection of employees
as members of National
Guard:
Arizona.....................
61,62
111
California..................
174
Illinois......................
85
561
Kansas......................
462
Maine........................
85 602,603
Massachusetts...........
111 103,104
85
635
New York................
895
Washington..............
1343 85 798,799
1439,1440
Twentysecond
Annual.
Page.
Bulletin.
No.
Page.
Protection of employees
as traders. (See Coer
cion of employees.)
Protection of employees
as voters:
133
Alabama...................
141
Arizona.....................
146
Arkansas...................
171
California..................
193,194
Colorado...................
231
Connecticut..............
251
Delaware..................
284
Florida......................
320
Idaho........................
382
Indiana.....................
430
Iowa..........................
457
Kansas......................
495,496
Kentucky.................
510
Louisiana..................
543
Maryland..................
577
Massachusetts...........
Michigan................
648
670\ Ill
140
Minnesota................. \( 671,690J
702,703
Mississippi..............
Missouri....................
723
784,785
Montana...................
Nebraska..................
85 668,669
822
Nevada.....................
New Jersey...............
874
158,160
881 111
New Mexico..............
New York.................
896
QftO
North Carolina
Ohio.......
1000,1001
85
711
Oklahoma.................
Oregon.................... 1043,1044
1075
Pennsylvania...........
1198
Philippine Islands...
Porto Rico................ 1199,1202
1230
South Carolina..........
1244
South Dakota...........
f
12511
Tennessee.................. <1254,1255V
[1275,1276]
Texas
1293
Utah
1306,1307
Wgof Virp’iniq
1378
Wisconsin
1429
Wyoming..................
1444
(See also Time to
vote.)
Protection of employees
on buildings:
85
507
California.................. /\ 173,174
183,184 97 963,964
Connecticut
248,249
Illinois
376-379
Indiana
405,406 97 1058-1060
Kansas......................
485
Louisiana..................
85 592-595
Maryland..................
543,544
QAff Q
589
Micnigan...................
654,655
Minnesota.................
673
Missouri....................
722
Montana..................
85 664,665
Nebraska............
97 1182-1186
/
903-905\
New York.......
1241
1
930/ 97
Ohio.................
1008,1009
Oklahoma...............
*85* * 720,72i
1073\
Pennsylvania.......... /[1182,1183/
Rhode Island..........
97 1342,1343
804
Wisconsin.................. 1422,1423j 85
97
1389
254
BULLETIN OF THE BUKEAU OP LABOB.
Cumulative index of labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Protection of employees
on road engines:
Trirlia'na,.............
Protection of employees
on street railways:
Colorado..................
Connecticut...........
Delaware..................
District of Columbia..
THinois................... . „
Indiana, . . . . . .
Iowa.........................
Kansas......................
TjOiiisiana.
______
Maine.......................
Massachusetts...........
Minnesota.................
Mississippi................
Missouri . *. x. . . .
Montana.............. . .
Np.bmska................
North Carolina.
,
Ohio.........................
Bulletin.
No.
97
201,202
235,236
266,267
375
97
384
430 85
475 85
521
533
622
639,640
690
111
713
797
805,806
837
855,856
941
964,965
1006
1045
85
1229{ 91
1255
1291,1292
South Carolina..........
Tennessee..................
Texas........................
Texas (D)
87
Utah
1324,1325
1333
Virginia
Washington
1353
West Virginia............ 1384,1385 85
Wisconsin.................
1437
(See also Street rail
ways, safety appli
ances on.)
Protection of employees.
(See also Fire escapes
on factories; Guards for
dangerous machinery;
Inspection of factories,
etc.; Mine regulations;
Railroads, safety appli
ances on.)
Protection of wages:
Idaho
314,322
Maryland
568
Missouri
710
New Jersey
91
North f!flrftlifla
961
South Carolina
1231
Texas........................
1279
Protection of wages, con
tractors’ bonds for,
summary of laws re
quiring ........................
79-81
(See also Exemption
of wages; Forced
contributions; Lia
bility of stockhold
ers of corporations
for wage debts;
Wages as preferred
claims.)
Public buildings, con
tract work on:
164
California..................
Public carriers, intem
perate employees on.
(See Intemperate em
ployees; Intoxication.)
Page.
Twentysecond
Annual.
Page.
Bulletin.
No.
Page.
Public employment of
fices. (See Employ
ment offices.)
Public printing, con
tracts for:
Ill
Massachusetts...........
122,123
Public printing office,
990,991
employees in:
California..................
163
484
Kansas......................
Oregon......................
97
1282
572
Philippine Islands... 1189,1190
579,580
*85’
........
815
u uiteu iJtut6o...................... 1472,1473| 111 217,218
Public printing to be
’ done within the State:
Louisiana..................
592
85
Public printing to be
done within the State,
144,145
list of laws requiring...
88
Public printing, umon
label to be used on:
Maryland..................
91
1065
Montana...................
787,788
Nevada.....................
818
Public-service corpora
tions, regulations for:
Arizona.....................
111
35
Massachusetts...........
613
768
1152 Public supplies, prefer
ence of domestic prod
ucts for:
California..................
165
656,657
Michigan...................
97
1136
North Dakota...........
976
United States........... 1463,1465
803 Public works, employ
ment of aliens on.
(See Aliens, employ
ment of, etc.)
Public works, hours of
labor on. (See Hours
of labor.)
Public works, injuries of
employees on. (See
Compensation, etc.)
Public works, labor on:
Arizona.....................
111
61
California.................. { 175,187}
Colorado...................
981
97
• ••
Hawaii......................
300
612
Maryland..................
85*
810 85
Nebraska..................
665
1087
91 1084,1085
New Jersey...............
New York.................
888 85
685
J 85 743,744
Oklahoma
1270
...............\ 97
(See also Rates of
wages of employees
on public works.)
Public works, payment
of wages of employees
on:
California..................
175
Public works, preference
of domestic materials
for:
741 97
Missouri....................
1145
887
New Mexico..............
Washington..............
97 1385,1386
213
United States...........
1471 111
Public works j etc., pref
erence of resident labor
ers on:
419
Indiana.....................
518 85
595
Louisiana..................
1049
255
CUMULATIVE INDEX OF LABOR LAW S.
Cumulative index of labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Public works, etc., pref
erence of resident labor
ers on—Concluded.
....... ......
......
Maine
Massachusetts
New Mexico..............
New York................
Philippine Islands. , .
Porto Rico................
594
887
902
1198
1202
TTfah..............
Aliens, em
ployment of.)
Public works, rates of
wages of employees on.
(See Rates of wages,
etc.)
Public works, vaccina
tion of employees on:
No.
85
Page.
603,604
85
789
85
85
595,596
779
(See also
Virginia,____
1336
n .
Railroad bridges, height
of. ( S e e Railroad
tracks, etc.)
Railroad cars, etc., to be
repaired within the
State:
Louisiana..................
Texas........................
Railroad cars, refusal to
move. (See Strikes of
railroad employees.)
Railroad companies, lia
bility of, for debts of
contractors for labor.
(See Liability of stock
holders; Protection of
wages.)
Railroad companies, lia
bility of, for injuries to
employees. (See Liabil
ity of employers.)
Railroad companies, lia
bility of, for wages due
from predecessors:
Wisconsin....................
Railroad employees, com
plaints by:
Massachusetts..
Railroad employees, diso
bedience of. (See Negli
gence, etc.)
Railroad employees, ex
amination etc., of. (See
Examination, etc.)
Railroad employees, false
charges against:
Arkansas...................
Indiana .....................
Missouri....................
Railroad e m p l o y e e s ,
f o r c e d contributions
from. (See Forced con
tributions.)
Railroad e m p l o y e e s ,
hours of labor of. (See
Hours of labor, etc.)
Railroad employees, in
fluencing, not to wear
Page.
Railroad employees, pro
tection of. (See Rail
roads, safety appliances
on.)
Railroad employees,qual
ifications of:
Arizona.....................
Georgia.....................
Indiana.....................
Massachusetts...........
Michigan...................
Oregon......................
Texas........................
(See also Examina
tion, etc., of rail
road employees;
Telegraph opera
tors, railroad!, etc.)
Railroad employees,rules
for. (See Kules, etc.)
Railroad empl oyees,
strikes of. ( f e Strikes,
etc.)
Railroad employees to be
paid when discharged.
(See Payment of wages
due discharged employ
ees.)
Railroad employees, votingby:
Kansas ......................
New Mexico.............
Railroad inspectors. (See
Inspectors, railroad.)
Railroad relief societies.
(See Benefit societies.)
Railroad tracks, bridges,
wires, etc., over:
Arkansas..................
Connecticut...........
Idaho........................
Indiana........................
Iowa.........................
Kansas.....................
Kentucky.. .
Michigan......................
1436
618
New Hampshire
Ohio..........
Oregon......................
Rhode Island............
Vermont...................
Wisconsin...............
155
Railroad trains, number
of cars in:
Arizona.....................
Railroad trains, etc., suf
ficient crew required on:
Arizona.....................
Arkansas..................
Arkansas (D )............
California..................
Connecticut..............
W yom ing
711
97
1060
Indiana........................
uniforms:
New York.................
Railroad employees, etc.,
intoxication of. (See
Intoxication.)
Railroad employees, neg
ligence of. (See Negli
gence, etc.)
Twentysecond
Annual.
Bulletin.
942
Maine........................
Maryland..................
Nebraska..................
Nevada.....................
North Dakota...........
Ohio.........................
Pennsylvania............
South. Carolina..........
Texas........................
W ashington..............
Wisconsin.................
Bulletin.
No.
Page.
37,39
in {
58,59
532
256 85
562
.......... 4( 85
1058
97
\
1116
97
97 1136,1137
97 1281,1282
85
780
457,458
111
160,161
156,157
231
325
422,423 *97' i054*i055
450,451
484
493,494
639,643
834,835
1005
1067,1068
1216
1327
1432
1463
111
58
142 111
159,160 85
95
97
235 85
85
420,421j 97
529
*85’
85
{ 85
97
977,978
1028,1031 97
97
1226
1283,1293 85
97
1435
39,40
502
317,318
947,948
527
562
1048,1049
**6ii,’ 6i2
668
670
1201
i263,‘ i264
1339,1340
784
1385
256
BULLETIN OF TH E BUKEAU OF LABOB.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Bulletin.
No.
Railroad trains, switch
ing:
Mississippi................
707 85
Railroads, accidents on.
(iSee Accidents.)
Railroads,
competent
men to be employed on.
(See Examination, etc.,
of railroad employees;
Railroads, illiterate em
ployees on.)
Railroads, construction
of caboose cars on:
Arkansas..................
97
Illinois____ . . .
85
Indiana______ _
97
Iowa..........................
97
Michigan...................
85
85
Minnesota.................
Missouri....................
97
Montana...................
796
Nebraska..................
97
85
New York.................
85
North Dakota........... .............. { 97
I
Ohio..........................
91
South
Dakota
...........
97
Virginia.....................
91
85
Washington..............
Wisconsin.................
85
Railroads, construction of
post-office cars on. (See
Railway mail cars.)
Railroads, hours of labor
of employees on. (See
Hours of labor.)
Railroads, illiterate em
ployees on:
Idaho........................
97
Minnesota...............
688
New York...............
941
Ohio.....................
1031,1032
Oregon......................
97
85
W ashington...........
Railroads in hands of
Federal receivers, rights
of employees on:
United States........
1518
Railroads, inspection of.
(See Inspection of rail
roads, etc.)
Railroads, obstructing,
hindering operation of,
etc. (See Abandonment
of locomotives; Strikes
of railroad employees.)
Railroads, rules for em
ployees on. (See Kules,
etc.)
Railroads, safety provi
sions on:
111
Arizona.....................
161 97
Arkansas..................
88
Arkansas (D )............
219,220
Colorado...................
234,235
Connecticut
260
Delaware
. . .
97
Florida . .
85
Georgia.....................
95
Georgia (D)..............
Illinois......................
372-374
Page.
648,649
946
560,561
1046,1047
1065,1066
629,630
644
1150,1151
1189
682
700
1248,1249
1133,1134
1347
1155
792
809
1000
1281
801
/ 35,40\42,63,64
942,945
882,883
991,992
532
318,319
*'563*564
566-568
421-423[
572
428,429j ® i
97 1051-1054
432 85 573,574
Iowa
( 85
579
Kansas......... ........... .............. { 97
1095
Indiana.....................
J
\
Twentysecond
Annual,
Page.
Bulletin.
No.
Page.
Railroads, safety provi
sions on—Concluded.
Kentucky.................
493,494
515,516 Ill
81,82
Louisiana..................
Maine........................
529
Massachusetts...........
619,620 85* ‘ *626,'627
f
6421
Michigan................... \
643,668/
677 85 645,646
Minnesota................. \1 695,696
97
1145
85 648,649
Mississippi................ { 707,708j 111
145
Missouri....................
756-758
796 85 656,657
Montana...................
801
Nebraska..................
New Hampshire.......
831
111
New Mexico..............
157
XTflttf V at*Tt
“ 'I S }
85 693,694
North Carolina..........
/ioo2-i6o5i 91 1141-1143
rkViirt
\1035-1037/
89 430,431
Ohio (D )...................
739
85
Oklahoma.................
Oregon
97 1281,1282
Philippine Islands__ 1193,1194
Rhode Island............
1216
1345
97
South Carolina..........
1226^ 111
196
/ 85 769-771
finnf'h Tlalrnfci
1347
97
1283\ 85 777-779
Texas........................ /11292,1293/
790
Vermont................... 1327,1328 85
Virginia.................... 1333,1334
‘
*794*795
*85*
/
1357
Washington.............. \1366~1369 97 1381-1383
Wisconsin................. 1433,1434 97 1389,1401
(1511,15121
1156,1157
United States............ <1529,1530> 91
1432
11537,1538J 97
82 670,671
86 347-349
United States (D)
96< 845-849
860,861
98 485-487
(See also Inspection of
railroads,etc.; Rail
roads, construction
of caboose cars on.)
Railroads, shelters for
workmen on:
Arkansas...................
159
79 958,959
Arkansas (D )............
Kansas......................
486,487
iii* ........ i45
Mississippi................
85
745
Oklahoma.................
97 1274,1275
Oregon......................
781
85
Texas........................ ...............{ 97
1350
\
Railroads, structures near
tracks of:
1032
Railway mail cars:
97
143
{
United States............
V111 218,219
Rates of wages, minimum,
commission on:
97 1131,1132
Massachusetts..........
Rates of wages of employ
ees of public printing
offices.
(See Public
printing office.)
Rates of wages of employ
ees on public works:
111
61
Arizona.....................
187
California..................
260
Delaware..................
306
Hawaii............ *.......
257
CUMULATIVE INDEX OF LABOR LAWS.
Cumulative index o f labor latvs and decisions relating thereto—Continued.
Twentysecond
Annual.
Page.
Rates of wages of employ
ees on puolic works—
Concluded.
Indiana...............
Maryland............
Massachusetts___
Nebraska............
Nevada...............
New York..........
Oklahoma..........
Rates of wages of laborers
at salvage:
Virginia___
Rates of wages of weavers,
etc., to be posted:
Receivers of railroads,
rights of employees of:
United States..........
Recommendation, letters
of.
(See Employers’
certificates.)
Reduction of wages, no
tice of. (See Wages, re
duction of, notice of.)
Registration. (See Ex
amination.)
Releases. (See Contracts
of employees waiving
right to damages.)
Relief societies. (See
Benefit societies.)
Repayment of employ
ers’ advances. (See
Employers’ advances.)
Resident laborers, pref
erence of, on public
works, etc. (See Public
works.)
Restriction of employees
in trading. (See Coer
cion.)
Retirement funds. (See
Pensions.)
Right of action for inju
ries. (See Injuries.)
Rights of labor. (Sec Em
ployment of labor.)
Rules for railroad emArizona...................
Indiana...................
Michigan.................
Philippine Islands..
386
612
1071
1116
810,816
85
743
1337
603,604
1518
111
35
97 1231,1232
942
Alabama.................
Arizona...................
California................
Colorado..................
Connecticut.............
Delaware.................
District of Columbia.
Georgia...................
Illinois.....................
Indiana...................
Iowa........................
Kansas....................
Kentucky..
Louisiana..
Maine..................
Maryland...........
Massachusetts....
Michigan.............
Minnesota...........
Missouri..............
Nebraska............
New Hampshire.
New Jersey........
New York...........
North Carolina..
Ohio................ .
Oklahoma.........
Oregon..............
Pennsylvania..,
Rhode Island..,
South Carolina..
Utah...
Page.
1337
1464,14651
1474-1476
1484-1510>
1521,1522
1530J
1
Seamen, American, for
ocean mail service:
United States..........
1474
Seamen, employment of,
as laborers, etc:
Louisiana.................
512,513
Texas.......................
1285
United States...........
Seamen, list of State laws
relating to....................
118
(See also Lodging
houses,
sailors’ ;
Shipping masters.)
Seamen’s hospitals:
United States........... 1519,1520
Seats for employed chil
dren:
Oklahoma.................
Vermont...................
Seats for employees in
stores, etc.:
Florida.....................
281
Seats for female employ-
70244°—Bull. 111—13----- 17
Salvage laborers, wages
of:
Virginia....................
Scaffolding, etc. (See Pro
tection of employees on
buildings.)
Scrip, payment of wages
in. (See Payment of
wages in scrip.)
Seamen:
United States.
429
643
1194
Bulletin.
No.
No.
8.
Safety, American Muse
um of:
New York............... .
Safety appliances. (See
Fire escapes on facto
ries; Guards for danger
ous machinery; Inspec
tion of factories; Rail
roads, safety provisions
on; Street railways,
safety provisions on.)
Safety lamps. (See Mines,
safety lamps in.)
Sailors. (See Seamen.)
Sailors’ boarding houses.
(See Lodging houses,
sailors’ .)
Salt works, negligence of
employees in:
New York.................
Twentysecond
Annual.
Bulletin.
111
135
219
242
254,255
265,266
293
342
381,399
444
461
504/
518\
519,522/
/
539\
\ 540,564/
599
636
672
710,721
809
835
845,846
903\
928,931/
1010
1056
1081,1177
1209
1231 97
1277,1278
216
740,741
1360
43
503
948,949
547
586
77
599
1095
102
679
1258,1259
718
1345
258
Cumulative index of labor laics and decision# relating thereto—Continued.
i Twenty- !
i second j
i Annual. '
Page.
!No. j Page.
Seats for female employ
ecs—Concluded.
Vermont................
Virginia.................
1338
Washington...........
1356.1359
West Virginia........
' 1387
Wisconsin..............
1429
Wyoming..............
1456
Seats for horse-car drivers.
(See Street railways,
seats for employees on.)
Seats for operators of ele
vators:
Massachusetts...........
Security for wages. (See
Mechanics’ liens; Pro
tection of wages; Wages
as preferred claims.)
Service. (See Employ
ment of labor.)
Services, compensation
for:
379
Indiana.....................
Set-offs not to defeat ex
emptions of wages:
130
Alabama...................
Sex no disqualification
for employment:
California..................
334
Illinois......................
1354
Washington..............
Shelters over railroad re
pair tracks. (See Rail
roads, shelters for work
men on.)
Shipping masters:
278\
Florida......................
283,284)
Louisiana................. i 512,513
Maryland.................. I
548
Oregon...................... 1044,1045
United States........... 1484-1487
(See also Lodging
houses,
sailors’;
Seamen.)
Slave labor:
819,820
Nevada.....................
Philippine Islands. . .
1189
Smelting works, hours of
labor in. (See Hours of
labor in mines, smelt
ers, etc.)
Smelting works, medical
attendance for employ
ees in:
882
New Mexico..............
Smoking in factories:
690
Minnesota.................
1330
Vermont...................
Society of labor and in
dustry:
475-479
Kansas......................
Soliciting money from
employees. (See Em
ployment,
foremen,
etc., accepting fees for
furnishing.)
Stay of execution in suits
for wages. (See Suits
tor wages.)
Steam boilers, inspection
of. (See Inspection,
etc.)
Steam boilers, negligence
of operators of. (See
Negligence, etc.)
Steam boilers, repairing,
cleaning, etc.:
Oklahoma...............
Bulletin,
Twenty- !
second ! Bulletin.
Annual. ;
Page.
Steam engineers, exami
nation, etc., of. (See
Examination, etc.)
Steamboats, employees
on. (See Seamen.)
Steamboats,employment
of unlicensed engineers
on:
Alabama...................
135
Steamboats,inspection of.
(See Inspection, etc.)
Steamboats, negligence of
employees on. (See
Negligence, etc.)
107
Stevedores:
Florida......................
283
Maryland..................
568
North Carolina..........
961
Stock, special, for em
ployees of corporations:
Massachusetts...........
Stockholders, liability of.
list of laws determining.
Street railways, examina
tion, etc., of employees
on. (See Examination,
etc.)
Street railways, hours of
labor of employees on.
(Sec Hours of labor,
etc.)
Street railways, negli
gence of employees on:
Louisiana.................
510
Street railways, protec
tion of employees on.
(See Protection of em
ployees.)
Street railways, rights
and remedies of em
ployees on:
South Carolina.........
1229
Street railways, safety
provisions on:
California.................
173
Connecticut..............
Iowa.
Massachusetts...........
840
New Hampshire.......
Ohio.........................
Washington..............
Wisconsin................
Street railways, seats for
employees on:
Connecticut.............
Louisiana................. j
853
New Jersey...............•
Oregon..................... !
Strike investigations:
{
United States........... ;
Strike, notice of, in ad- j
vertisements for labor- !
crs:
!
Colorado................... j
343
Illinois...................... i
Illinois (D)....
I
Massachusetts.,
792,793
Montana...................
1057
Oregon......................
Tennessee................. 1276.1277
(See also Employ
ment of labor, de
ception in.)
Strikes,factory inspectors
not to be concerned in:
Kentucky.................
739,740
No.
Page.
97
1360
91 U154,1155
97
1364
85
524
572,573
1065
1108,1109
1137
1382
805
528
80
746
221
980,981
852-854
1074
111
111
;
259
CUMULATIVE INDEX OP LABOR LAW S.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
Bulletin.
No.
Strikes of railroad em
ployees:
Connecticut.............
Delaware
Illinois.
Kansas.
Kentucky,
Maine
Mississippi...
New Jersey..
New Y ork...
Pennsylvania
Texas.
Strikes, participation in,
not to be bar to em
ployment:
Minnesota...............
Strikes,
recommenda
tions as to:
Mississippi.
Strikes. (See also Arbi
tration of labor dis
putes;
Conspiracy,
labor agreements not;
Interference with em
ployment.)
Suits for injuries. (See
Injuries, etc.)
Suits for wages:
California..................
Colorado
Georgia
Idaho
Illinois.
Indiana (D)
Iowa...
Kansas.
Louisiana
Massachusetts.
Michigan.........
Minnesota.......
New Jersey__
Page.
404
531,532
704,705
859,860
935
1077
1285
675
.111
147,148
862-864
Connecticut..............
Delaware..................
District of Alaska__
1067
;1141-1144\
I
No.
Sunday labor—Concld.
Florida....................
230,231
253,254
371,372
456,457
New York___
North Carolina
North Dakota.
Ohio
Oklahoma
Oregon
Pennsylvania.
South Dakota
Texas
Utah
Virginia _
Washington..............
Wisconsin.................
Wyoming.................
United States...........
(See also Payment of
wages; Protection
of wages; Wages as
preferred claims.)
Simday labor:
Alabama.
Arkansas.
Colorado
Bulletin.
91
1148/
........
1310,1311
1337
1353
1438 85
1454-1456
147,
137,138
146
191,192
2311
234-236} 97
249J
255,257
262
1146
* 1345
780,781
810
986,987
Hawaii.................
Idaho...................
Illinois...................
Indiana................
Iowa.....................
Kansas.................
Kentucky............
Louisiana.............
Maine...................
Maryland.............
Massachusetts......
Michigan..............
Minnesota............
Mississippi...........
Missouri...............
Montana..............
Nebraska.............
New Hampshire..,
New Jersey..........
New Mexico.........
New York............
North Carolina___
North Dakota......
Ohio....................
Oklahoma............
Oregon.................
Pennsylvania.......
Pennsylvania (D).
Porto Rico.........
Rhode Island........
South Carolina___
South Dakota......
303,304
323
332
419
446
456
495
511
532
542
579,580 85
641,642
687,688
705
713
785
809
833,834
854,855
880,881
944,945
962,965
992
75
995
612,613
618
QQO
1027,1028
1039,1040
1044,1045
1137,1138
1203,1204
1218
f
12251
[1232,1233J
1243
1251
1284
1323
1330,1331
1341,1342|
1356,1364
1379
1443J
1454,1455
431,432
194
Texas___
Utah...... .
Vermont.
790,791
Virginia..
1154
Washington....
800,801
West Virginia .
.......8i0
Wisconsin.......
1399,1425
Wyoming........
"im
United States..
218
(See also Weekly day
of rest.)
Surgical, etc., applicances
to be furnished. (See
Accidents, provisions
for.)
Suspension of work, no
tice of:
.
South Carolina__
196
111
Sweating system:
Connecticut..........
237,238
Illinois..................
340,341
Indiana................
400
Maryland.............
540-542
Massachusetts......
601,602
Michigan..............
661,662
Missouri...............
739 85
656
New Jersey..........
864,865
f
916-9201
New York............
i
935/
Ohio..............
1012,1013
/1163,11641
Pennsylvania.
|1178,11791
Wisconsin......
1419-1422
260
BULLETIN OF THE BUREAU OF LABOR.
Cumulative index o f labor laws and decisions relating thereto—Continued.
Twentysecond
Annual.
No.
Taxes of employees, lia
bility of employers for.
(See Liability of em
ployers
@FedFRASER