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U. S. DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
ROYAL MEEKER, Commissioner
BULLETIN OF THE UNITED STATES )
(WHOLE 1 /? C
BUREAU OF LABOR STATISTICS y * * # (NUMBER 100
LABOR
LAW S
OF
THE
U N IT E D
STATES
S E R IE S :
N o.
LABOR LEGISLATION OF 1914
DECEMBER 15, 1914
WASHINGTON
GOVERNMENT PRINTING OFFICE
1915
5
CONTENTS.
Page.
Review of labor legislation of 1914..................................................................... 5-28
Introduction.................................................................................................
5,6
Commissions.................................................................................................
6,7
Regulation of the contract of employment...................................................
7
Examination and licensing of workmen.......................................................
7,8
Public service...............................................................................................
8
Wages.................. ........................................................... ............................. 9-11
Hours of labor..............................................................................................
11
Holidays and rest days.................................................. - .............................
12
Regulation and inspection of factories......................................................... 12-15
Protection of employees on buildings................................................... .
16
Mine regulations...........................................................................................
16
Railroads......................................................................................................
16
Street railways..............................................................................................
17
Employment of women and children.......................................................
17-21
Employers’ liability and workmen’s compensation.................................... 21-24
Benefit and retirement funds....................................................... - .............
24
Actions for injuries causing death...............................................................
24
Accidents..................................................... - ..............................................
25
Occupational diseases..................................................................................
25
Labor organizations.....................................................................................25,26
Cooperative associations...............................................................................
26
Arbitration of labor disputes........................................................................26,27
Employment offices......................................................................................
27
Bureaus of labor.......................................................................................... 27,28
Convict labor................................................................................................
28
Laws of various States relating to labor enacted since January 1,1914............ 29-245
California......................................................................................................
29
District of Columbia.................................................................................... 29,30
Georgia........................................................................................................ 31,32
Kentucky........................................... .......................................................... 33-73
Louisiana..................................................................................................... 75-92
Maryland............................................... ....................................................93-124
Massachusetts........................................................................................... 125-143
Mississippi................................................................................................ 145-151
New Jersey................................................................................................ 153-171
New York.................................................................................................. 173-190
Ohio.......................................................................................................... 191-195
Philippine Islands.................................................................................... 197,198
Porto Rico................................................................................................ 199,200
Rhode Island................................................................................................
201
South Carolina.......................................................................................... 203-205
Virginia..................................................................................................... 207-214
Wisconsin.................................................................................................. 215-232
Wyoming......................................................................................................
233
United States........................................................................................... 235,236
Canal Zone................................................................................................ 237-245
Cumulative index of labor laws and of decisions relating thereto................... 247-290
3
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
WHOLE NO. 166.
WASHINGTON.
DECEMBER 15, 1914.
REVIEW OF LABOR LEGISLATION OF 1914.
B y LIN D L E Y D. CLA RK , A . M ., LL . M.
INTRODUCTION.
This annual review of labor legislation covers the action of fourteen
legislative bodies, besides the Congress of the United States, and the
Industrial Commission of Wisconsin. Of the sessions considered,
thirteen were regular, and the legislatures of Ohio and Porto Rico
met in extra session. The Legislature of Colorado also met in extra
session, but passed no labor laws, while the Legislature of Delaware
considered in special session the code of laws prepared by a commis
sion on the subject. The United States Congress, besides its general
legislation, enacts laws for the District of Columbia, so that labor
laws were enacted during the year affecting fifteen jurisdictions,
besides the laws of Congress of general application. Laws initiated
by popular action and becoming laws by referendum vote usually
appear with the laws of the next succeeding legislative session, so
that such laws of 1914 will appear in a later bulletin.
The labor legislation of the year 1913 was not published separately,
but is included in the compilation of Labor Laws of the United States,
which presents the labor legislation in force at the end of the year
1913, published, as Bulletin No. 148, the present bulletin being in
effect a supplement thereto, containing amending and additional laws.
The current bulletin is also indexed cumulatively with Bulletin
No. 148, so that reference need be made to but a single index to
discover the entire law of a State on a given subject. It should be
noted in this connection that the workmen’s compensation laws in
force at the end of 1913 were reproduced in Bulletin No. 126, this
being a special publication on that subject. It is necessary, there
fore, to include index references to this bulletin in connection with
that specific subject.
The legislation of the current year can not be said to have any
conspicuously outstanding feature such as marked the activities of
5
6
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
some preceding years, though the question of workmen’s compensa
tion continues prominent, several amending acts being passed,
while the States of Kentucky and Louisiana enacted original laws,
and Maryland enacted a law entirely different from its earlier legisla
tion. Laws relating to the employment of children and of women,
and provisions as to factory regulation and inspection continue to
form a considerable bulk of legislation of the class under consideration.
Important lines of legislative action practically new in this country
are laws declaring the status of certain actions of labor organizations
in their activities in connection with labor disputes. These will be
considered in some detail under the heading “ Labor organizations.”
COMMISSIONS.
The legislative commissions of the current year are less numerous
than in other recent years, doubtless for the reason that some of the
important subjects which commanded extensive interest have been
pretty thoroughly canvassed, and the results have become generally
known. The New York Legislature (ch. 110) continued the existing
commission appointed to investigate the conditions of labor in fac
tories, to report in February, 1915, and appropriated $50,000 for its
use. In Maryland (ch. 460) a commission was provided for, to
report in January, 1916, proposing plans and measures to protect
the life and health of miners, the recommendations to be embodied
in the form of an act. No appropriation was made for salary or
expenses. The Massachusetts Legislature provided by resolution
(ch. 121) for a commission of three persons to revise and codify the
State law relative to liens and mortgages, including mechanics’ liens.
This commission is to report in January, 1915, and has the sum of
$2,500 furnished it for expenses. In the same State by resolution
(ch. 160) a commission on the rates of insurance for workmen’s com
pensation, etc., was provided for, $4,000 being appropriated for its
expenses. The commission is to consist of three persons, their
inquiry being directed to the reasonableness of existing rates, and to
what extent Government regulation is desirable. No date is fixed for
the making of a report. A commission on immigration is provided
for by an act of the Legislature of Rhode Island (ch. 1078), the educa
tional and business status of immigrants being the subjects assigned.
This commission is to be without expense to the State.
Somewhat outside the direct field of labor is the question of
housing. The Legislature of Porto Rico by joint resolution No. 10
(p. 221) provided for a commission to investigate and report on the
subject of housing, its object being to determine what would be fair
to the owners of property and to the laboring classes, and to protect
“ laborers as far as concerns their necessities of life.” The Legislature
LABOR LEGISLATION OF 1914---- REVIEW.
7
of Massachusetts proposed an amendment to the constitution of the
State (p. 798), authorizing the State to secure land, subdivide and
build upon it, and sell to purchasers for the purpose of relieving con
gestion and providing homes for citizens of the State.
REGULATION OF THE CONTRACT OF EMPLOYMENT,
The legislation of this year classed under this head affects the con
tract of employment only indirectly, the two laws most appropri
ately classifiable here being acts of the legislatures of Mississippi
(ch. 152) and Virginia (ch. 157), relating to the bonds of employees
of common carriers. The Mississippi statute directs that the em
ployee shall be free in his choice of a company, and that no non
resident company shall be designated as required by the employer.
The Virginia law directs that any surety company refusing or can
celing a surety contract must give the reason therefor in writing, and
rejection by one company shall not be ground for a discharge of the
employee from service if another company will become his surety.
The statement of reasons is privileged, and the company is not
required to reveal its sources of information.
Introduced here, for lack of a better classification, is a law of
Massachusetts (ch. 347) requiring that notice of any existing strike
be given in advertisements for labor, this law undertaking to make
more explicit and effective the provisions of an earlier statute; a law
of the Philippine Legislature (No. 2300) adopting the provisions of the
United States Penal Code, sections 268-271, penalizing slavery or
peonage; and a law of Massachusetts (ch. 742) authorizing gas and
electric companies to issue employees’ stock, and providing for the
payment therefor in monthly installments of $1 upon each share.
EXAMINATION AND LICENSING OF WORKMEN.
The development of new lines of employment has been in part
responsible for the extension of the idea of requiring tests and certifi
cates of competency for certain classes of occupations. Those coming
into notice in recent years include chauffeurs, moving-picture machine
operators, aeronauts, etc. Operators of moving-picture machines
received attention from two legislatures of 1914, a law of Massachu
setts (ch. 791) requiring such employees to be 21 years of age and
thoroughly skilled. The fee for an examination is $3, the annual
license renewal calling for a fee of $1. In New Jersey (ch. 112), the
law exempts from the operation of any ordinance of a municipality
operators of machines using nonexplosive films not over 100 feet
long and 1 inch wide, operated with an electric current of not over
500 watts. A Kentucky statute (ch. 69) provides for a State board
of examiners of chauffeurs. Applicants for certificates of capacity
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
must be 18 years of age, furnish references as to honesty and sobriety,
and pass an examination to prove their qualifications. The fee for an
examination is $2, and for the annual renewal of license $1.
Laws amending existing statutes relating to the examination and
licensing of plumbers were enacted in Massachusetts (ch. 287), in
which a new section relating to penalties was created; and in Vir
ginia (ch. 133), the change in this State being unimportant. A new
law relating to this class of workmen was enacted in South Carolina
(No. 386), applicable in cities of 15,000 population or above, except
in the city of Charleston. This exception was stricken out by an
amending act (No. 8) of the extraordinary session of October 6 to
November 3, 1914. Local examining boards are provided for, the
examination fee for a master being $5 and for a journeyman $2; the
annual renewal fee is 50 cents. In Kentucky, also (ch. 22), persons
desiring to work as plumbers in cities of the first class must pass an
examination before a local board, the tests to be both theoretical
and practical. The fee is $5, licenses being valid for five years.
The renewal fee is a like sum, but no examination is required. A
law requiring barbers to be examined and licensed was passed by the
Legislature of Georgia (p. 75), applicable in cities having above 5,000
inhabitants. A State board is provided for, which is to give examina
tions, prescribe sanitary rules, etc. Applicants must be skilled and
have a knowledge of the treatment of the diseases common to the
face and skin. The original fee is $5, the annual renewal fee being
$1. Barbers having practiced three years at the trade are exempt
from examination, but pay an original license fee of $2.
In connection with this class of legislation a law of the State of
Louisiana may be noted (No. 150), which requires that before engag
ing in regular service on street railways motormen and conductors
shall have had at least 10 days’ instruction under competent instruc
tors employed by the company whose service they intend to enter.
Instructors must have had at least one year’s service with the com
pany.
PUBLIC SERVICE.
The new laws coming under this head are three that were enacted
by the Legislature of Massachusetts, the first (ch. 600) directing that
citizens be preferred for employment on public works, and that only
citizens of the United States be listed on the civil-service lists for
public labor. A second law (ch. 486) places engineers and others in
charge of steam boilers, heating, lighting, and power plants maintained
by the State under the civil-service provisions of the State. The
third act (ch. 541) directs that in constructing additions to the statehouse preference be given to material quarried or manufactured
within the State.
LABOR LEGISLATION OF 1914— REVIEW.
9
WAGES.
A semimonthly pay day is prescribed by a Louisiana statute
(No. 25), applicable to all employers of 10 or more persons engaged
in manufacturing, and to all public-service corporations. A similar
law was passed by the Legislature of Mississippi (ch. 166, amended by
ch. 167), applicable to all employers engaged in manufacturing
having 50 or more employees, and to all public-service corporations;
wages for 7 days preceding pay day may be retained by the employer.
The law of Massachusetts providing for a weekly pay day was amended
(ch. 247) so as to make it of uniform application to all individuals,
.firms, and corporations engaged in the occupations enumerated in the
original act, instead of making distinctions between corporations and
other classes of employers in some cases. A South Carolina statute
(No. 399) is applicable to but a single group of workmen, railroad
shop employees, who must be paid semimonthly.
A Mississippi statute (ch. 138) declares it unlawful to discount any
checks or coupons, etc., issued in payment of wages, the same to be
redeemable at face value on or after the next regular pay day suc
ceeding their issue. The general law relating to the payment of
wages in scrip in South Carolina was amended (ch. 314) so as to
limit its application to corporations engaged in the manufacture of
cotton goods. The- period within which presentation for redemption
must be made was reduced from 30 days to two weeks. An act of the
preceding Legislature of Louisiana was reenacted this year (No. 170)
directing that wages due discharged employees be paid at the time of
their discharge, the new law adding a proviso that the employee must
make a demand at the time for the payment due. Another act of the
Louisiana Legislature (No. 62) forbids forfeitures for breach of con
tract or discharge before the end of a contract of employment.
Fines, except for willful or negligent injury to goods or property, are
forbidden.
As affecting the amount of wages payable, note may be made here
of an act of the Ohio Legislature (p. 181) which directs that coal shall
be weighed before screening where the earnings of the miner are
determined by the weight of the coal mined. Allowances for slate
or other impurities are to be fixed by the industrial commission of the
State.
Of limited application, but of interest as showing the attitude of
State legislatures toward the subject of regulating the conditions of
employment of labor on public works, are laws of Maryland (ch. 98)
directing that in the city of Cumberland laborers employed by the
mayor and city council shall receive not less than $2 per day; of
Massachusetts (ch. 458), fixing the wages of male laborers employed
by the prison commissioner of the State at not less than $2.50 per
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
day; of the same State (ch. 474), requiring that mechanics employed
on public works shall be paid the prevailing local rates; and of New
York (ch. 217), directing that contractors on public works in the
city of Buffalo shall employ their laborers but 8 hours per day within
9 hours, and that time and a half be allowed for any necessary over
time work.
The minimum wage law of Massachusetts received an amendment
this year (ch. 368) by which the composition of the wage boards was
modified., the option of the board as to publishing the names of
employers broadened, provisions added requiring a detailed record
of wages to be kept, and protecting employees serving on wage
boards, etc. The constitution of California was amended so as to
authorize minimum wage and other welfare legislation.
Mechanics’ lien laws received attention in Kentucky, Louisiana,
and New York. In the State first named the law relating to liens of
employees of mine, railroad, turnpike, or canal companies making
assignments in bankruptcy was amended (ch. 49). An act of the
Louisiana Legislature (No. 185) gives a Hen to managers, mechanics,
and laborers in sugar refineries, sugar mills, and syrup mills on all
sugar and syrup made during the season so long as such articles
remain in the possession or custody of the refiners or mill owners.
Of the New York statutes, the first (ch. 241) provides that watch
makers and jewelers shall have a lien on articles worked on by them;
the second (ch. 266) amends the provision of the law as to the dis
charge of liens for public improvements; while the third (ch. 506)
amends the defining section of the statute.
A different form of protection of wages is contemplated in an act
of the Louisiana Legislature (No. 221) which amends a law of that
State with reference to contractors’ bonds. It is required that con
tracts involving $500 or more shall be in writing, signed by the
parties, and recorded in the office of the recorder of mortgages, such
recordation creating a hen. The owner of the property on which the
work is done must require a bond of the contractor, and the statute
fixes the process by which claimants may recover on this bond.
The preference of wage debts in assignments by insolvents is the
subject of an amendment by the New York Legislature (ch. 360), the
amount entitled to such preference being limited to the wages for
three months instead of one year as formerly; the sum entitled to
preference may not exceed $300.
The assignment of wages to secure the repayment of loans is the sub
ject of laws in three States. The Legislature of Mississippi (ch. 112)
provides for a heavy tax on lenders of money charging more than 20
per cent interest per annum. Lenders on assignments of wages must
make affidavit that they do not charge more than 20 per cent, or the
presumption runs against them. A list of borrowers must be filed
LABOR LEGISLATION OF 1914— REVIEW.
11
semiannually with, the sheriff of the county. A new law was enacted
in New Jersey (ch. 49) superseding earlier legislation. Wage
brokers are required to secure a license, and the business is subjected
to regulations prescribed by State law instead of municipal regulation
by ordinance. The maximum loan is $300, and the maximum
interest to be charged is 3 per cent per month. Assignments of
wages are not valid until accepted by the employer, nor without
the written consent of the wife. The business is supervised by the
State commissioner of banking and insurance. In New York also
(ch. 518) a supervisor of personal loans is provided for in the office
of the State superintendent of banks. This official is to prescribe
rules for personal loan companies and brokers. Regulations are made
for the organization of corporations and the granting of certificates
to brokers, and the amount of loans is limited to $200 to the indi
vidual, the interest rate not to exceed 2 per cent per month. An
other law of this State (ch. 164) declares that assignments of wages
of municipal employees shall not be valid unless approved in writing
by the head of the department or board under which the debtor is
employed.
A statute of Georgia exempting wages from garnishment is amended
(p. 62) by fixing the amount exempted at $1.25 daily and 50 per
cent of any excess, instead of exempting full wages of journeymen,
mechanics, and day laborers as formerly.
HOURS OF LABOR.
The Legislature of Louisiana enacted a law (No. 201) regulating
the hours of labor of stationary firemen in cities of 50,000 or more.
This statute provides an 8-hour day for stationary firemen, and
takes the place of an earlier law that was held unconstitutional.
This law provided an 8-hour day for firemen employed in establish
ments in continuous operation, while the present law applies to all
establishments within the designated localities. A law of Massa
chusetts (ch. 746) directs that for baggagemen, laborers, crossing
tenders, etc., employed by railroads, 9 hours’ work in 10 consecutive
hours shall constitute a day’s labor, one hour to be allowed for a
lay off. Two amendments were made to the law of Mississippi pre
scribing a 10-hour day in manufacturing establishments, one (ch. 168)
exempting from the operation of the law manufacturers engaged in
the handling of perishable agricultural products employing only male
adults, while the other (ch. 169) permits 20 minutes’ daily excess
work for 5 days in order that a shorter workday may be had on
Saturday, but the total for the week may not exceed 60 hours. The
period of work in compressed air is regulated by a statute of New
Jersey (ch. 121), the time of employment varying with the degree
of pressure.
12
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
HOLIDAYS AND REST DAYS.
Coining partly under this heading and partly under the preceding
one is an act of the Legislature of Porto Rico (No. 24) amending the
law of that island as to closing time in industrial and mercantile
establishments. Seven p. m. is fixed as the regular time for closing
during the week, instead of 6 o’clock as formerly, and the list of
excepted employments is revised. Municipalities may by ordinance
waive the application of the law requiring the closing of establish
ments on Sunday, permitting them to remain open on that day
up to 12 o’clock noon. The Massachusetts Legislature (ch. 757)
amended the Sunday labor law of the State so as to permit the opera
tion on Sunday of motor vehicles. The law of New York prescribing
generally a weekly day of rest is amended (ch. 388) by exempting
employees handling milk or manufacturing ice cream in establish
ments in which not more than seven persons are employed;
also (ch. 396) by authorizing the commissioner of labor to exempt
establishments of continuous operation in which an 8-hour day is
observed. Another law of this State (ch. 514) grants to drug clerks
one afternoon and evening off each week in addition to the full day
each two weeks already given by law. The Maryland Legislature
(ch. 26) directed that if signalmen, towermen, gatemen, lever men,
train dispatchers, etc., connected with the operation of railroad
trains work 8 hours or more daily they must be allowed two days of
24 hours each per month as days of rest. A similar law was enacted
by the Legislature of Massachusetts (ch. 723).
Acts of the Massachusetts Legislature relating to employees in
public service are: One (ch. 217) directing that laborers so employed
for more than one year shall have two weeks’ vacation with pay;
another (ch. 455) adding the months of April and May to the time
during which Saturday half holidays are to be allowed, the months of
June, July, August, and September having been already included;
and one (ch. 688) authorizing a referendum as to a general law
allowing Saturday half holidays for public employees throughout
the State.
REGULATION AND INSPECTION OF FACTORIES.
Additional factory inspection officers are provided for in an act
of the Legislature of Maryland (ch. 675), which provides that the
State shall be divided into 10 sanitary districts outside the city of
Baltimore, with a deputy for each, whose duty it shall be to inspect
the sanitary conditions of workshops, factories, and all places where
offensive industries are carried on. Another amendatory law of this
State (ch. 840) relates to the inspectors charged with the enforce
ment of the child-labor laws, providing for 7 inspectors at $1,000
LABOR LEGISLATION OF 1914---- REVIEW*
13
each, instead of 8 at $900 each, and adding an officer at $1,200
whose duty it is to issue employment certificates. The appropria
tion for the State bureau of statistics and information is advanced
from $12,000 to $17,000 annually.
In Massachusetts (ch. 421) a special inspector is provided for, to
enforce the laws of the State as to explosives and inflammable fluids
and compounds. The Mississippi Legislature (ch. 163) provides for
a State factory inspector, to be appointed by the State board of
health, whose duty it shall be to inspect three times a year all fac
tories and canneries where children and women are employed. Every
factory employing five or more persons must be registered and a
license fee paid according to a schedule embodied in the law. An
nual reports are required from employers as to the number of em
ployees, the sanitary condition, buildings, equipment, etc.
The Legislature of Virginia passed three laws relating to the regu
lation of factories, one (ch. 16) requiring stairways to have handrails,
and, where females are employed, to be screened at sides and bottom,
dangerous machinery to be guarded, belt shifters to be provided,
and workrooms to be adequately lighted. If more than 25 persons
are employed, doors are to open outward and not to be fastened
during work hours. The second statute (ch. 286) amends an earlier law
(ch. 14, Acts of 1910) by adding thereto a section making the applica
tion of the law to towns and cities of 5,000 population or less discre
tionary with the State commissioner of labor. The third law of this
State (ch. 333) undertakes to provide for the ventilation of foundries.
A statute of Kentucky (ch. 72), regulating the employment of
children, requires the installation of belt shifters and of guards for
dangerous machinery in establishments in which persons under 21
years of age are employed.
A Maryland statute (ch. 779) revises the law of that State on the
subject of sweatshops. It requires the registration of all manufac
turing and mercantile establishments having 5 or more employees,
directs that workrooms in tenements be licensed after inspection,
and prescribes a minimum of 500 cubic feet of air space for work
rooms; only resident members of the families are to be employed
in such tenements. Lofts, workrooms, etc., in general, are to be
licensed, must furnish a minimum of 500 cubic feet of air space for
the workers, and be provided with suitable fire escapes. The same
legislature enacted a law (ch. 678) relating to the manufacture, pack
ing, storage, etc., of food products. This law is of what may be desig
nated as the standard type, and prescribes cleanliness, freedom of
employees from disease, sanitation, toilet rooms, etc. The State
board of health may make rules for such establishments, which are
to be in effect after public hearings thereon and promulgation. An
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
other law of this State (ch. 81) is one that forbids any employer or
workman in a cigar factory to stand or sit on a mold or press while
the same is in use. The Legislature of Georgia passed a law (p. 134)
in general terms requiring suitable light, drainage, ventilation, screen
ing of windows, etc., and provisions for the health of operatives,
and employees in all places where food is sold, manufactured,
packed, etc.
Three laws of the State of Massachusetts relate specifically to the
subject of toilets in factories, etc. One (ch. 164) provides a penalty
for defacing any toilet appliances; another (ch. 726) requires the des
ignation of separate toilets for each sex and forbids their use by per
sons of the opposite sex; while the third (ch. 328) requires separate
toilet conveniences in all places of employment without reference to
the number of employees, instead of where 5 or more persons are em
ployed, of whom 2 or more are women or children, as was provided
in the earlier law. This chapter also amends the labor law of the
State by striking out elevators from the places to be guarded under
this act. The enforcement of sanitary regulations is to be in the
hands of the board of labor and industries instead of the board of
health, as formerly. An additional section refers to the board of
elevator regulations created in 1913, and provides that this act shall
not affect the requirements as to guarding belting, shafting, or other
machinery used in the operation of elevators. By another act of
this legislature (ch. 263) the State board of labor and industries is
authorized to require employers to post the cards or notices issued
by the board for the information of employees.
The orders of the Wisconsin Industrial Commission relating to
elevators (Nos. 400-454) were extensively amended and some addi
tions made thereto during the year. Detailed regulations as to sta
tionary boilers were also issued (Nos. 4000-4273).
The New York Legislature (ch. 512) amended the defining section
of its labor law by adding generating plants to the list of establish
ments included under the term “ factory,” and making other changes
of a minor nature.
Besides some items already noted, several laws were enacted relat
ing specifically to the matter of safety in case of fire. Thus in Loui
siana (No. 171) it is provided that if there are employees above the
second story, one or more fire escapes on the outside of the building,
as directed by the State commissioner of labor, must be provided
unless he deems it unnecessary, or unless the erection of an external
fire escape is impracticable, in which case an internal means of escape
is allowed. The type and form of such escapes are prescribed by the
statute. Orders of the Wisconsin Industrial Commission (Nos. 50005415) relate largely to protection against fire, the erection of fire escapes,
LABOR LEGISLATION OF 1914---- REVIEW.
15
floor areas, loads, exits, etc. A law of Massachusetts (ch. 795) regu
lates the storage of inflammable articles, and authorizes the fire pre
vention commissioner of the State to make rules as to extinguishers,
smoking in factories, the cleaning of chimneys, etc. Another law
(ch. 566) makes the statute forbidding the locking of doors during
work hours obligatory without the notice formerly required from the
State factory inspector, and provides penalties for the violation of
the law. The Legislature of New York (ch. 182) made minor changes
in the law as to fire escapes on factories, etc., with a view to giving
it added effectiveness. Chapter 366 gives details as to the construc
tion of means of escape. This statute also designates the operator of
any factory as the person who shall provide the dressing or emer
gency rooms required by law in factories where females are employed.
A third law of this State (ch. 459) relates only to the city of New York
and authorizes the fire commissioner to require fire drills in places
“ where numbers work.”
Two laws of limited application were enacted in Massachusetts, one
(ch. 467) requiring safety valves to be installed in ammonia com
pressors, and authorizing the board of boiler rules to formulate rules
for inspection of such safety valves; the second (ch. 649) repeals and
reenacts an earlier law as to inspection of receptacles charged with
compressed air, the law being made applicable to all such receptacles
instead of only those over 18 inches in diameter.
For lack of better classification notice may be taken here also of a
statute of New Jersey (ch. 121) relating to work in compressed air.
This statute relates to equipment, requires dressing rooms, the in
spection of machinery, medical examination of workmen, etc. A
physician must be kept at hand, and also a nurse if the pressure ex
ceeds 17 pounds to the square inch.. Exit by decompression locks
must be provided for. Enforcement of this law is intrusted to the
commissioner of labor.
A law of Massachusetts required factories to provide such first-aid
supplies for injured persons as the local boards of health may desig
nate. This was changed by an act (ch. 557), so as to put the matter
in the hands of the State board of labor and industries; the law is
also made to apply to mercantile establishments where 20 or more
women or minors are employed.
In this connection may be noted amendments of the New York
statute relating to the inspection of mercantile establishments, one
act (ch. 183) adding provisions as to cleanliness, the disposition of
rubbish, the supply of drinking water, ventilation, toilets, etc. An
other act (ch. 333) increases the salary of the mercantile inspector
from $3,000 to $4,000.
16
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
PROTECTION OF EMPLOYEES ON BUILDINGS.
This subject was taken up by the Industrial Commission of Wis
consin, and a series of orders issued (Nos. 3500-3519) requiring care
in the construction and protection of scaffolds, the installation of
counter-floors, the inclosure of floor openings, and other details intended
to safeguard workmen employed in the construction, etc., of buildings.
MINE REGULATIONS.
Legislation under this head was enacted by the legislatures of Ken
tucky and Ohio. Mention has already been made of one of the Ohio
acts (p. 181) requiring coal to be weighed before screening when used
as a basis for the payment of miners’ wages. Another act (p. 161),
requires operators wishing to have “ solid shooting’ 1 of coal done in
their mines to obtain a permit for the same from the industrial com
mission of the State. A third act (p. 164) requires a stretcher and a
pair of blankets to be kept at mines for each 35 persons employed
instead of two such outfits if more than 200 miners are employed.
These are to be kept in a safe and dry place, and other requisites for
first aid provided as prescribed by the industrial commission.
The Kentucky Legislature (ch. 79) repealed generally the existing
mine regulations, and established a department of mines, with a chief
inspector and assistants. The duties of superintendents, foremen,
fire bosses (required in gaseous mines), and shot firers (required in
gaseous or dusty mines where 10 or more persons are employed), are
prescribed. Assistant inspectors, foremen, and fire bosses must pass
an examination as to qualifications, etc. Stretchers and first-aid
provisions are required, electric installations regulated, and maps,
ventilation, drainage, safety equipment, etc., provided for.
RAILROADS.
The Legislature of Mississippi (ch. 170) enacted a law fixing the
number of persons in a crew for passenger trains, exempting roads
under 50 miles in length. The Missouri statute of 1913 (p. 183, Acts
of 1913) on this subject was repealed by referendum, November 3,
1914. In South Carolina (No. 403) railroad companies are required
to maintain shelters at division points if repair work is regularly done
at such points. By another act (No. 401) warning boards must be
erected within one mile from stations, drawbridges, and grade cross
ings of other roads. The Virginia Legislature (ch. 89) took up the
subject of adequate headlights on locomotives, setting 500 candlepower as the minimum requirement. The same legislature (ch. 87)
amended an earlier law relative to caboose cars, and directed that all
freight trains be provided with such a car. The law prescribes the
length, the number of windows, kind of trucks, brakes, constructive
strength, etc.
LABOR LEGISLATION OF 1914---- REVIEW.
17
STREET RAILWAYS.
Mention has already been made of the act of the Louisiana Legisla
ture (No. 150) requiring motormen and conductors to be experienced
men. Another act of the same legislature (No. 16) fixed the period
during which inclosed vestibules must be furnished for the protection
of employees to run from September 1 to May 1, instead of from No
vember 15 to March 15, as under an earlier law. The Legislature of
South Carolina also (No. 253) amends its law on this subject, requir
ing vestibules to be supplied with side doors for the more complete
protection of the employees; the meaningless proviso of the earlier
law as to a line south of and parallel to the thirty-fourth meridian is
also stricken out.
EMPLOYMENT OF WOMEN AND CHILDREN.
As has so frequently happened in past years, the largest number of
laws in any single group is to be found under this head, 26 separate
enactments, affecting 12 jurisdictions, having been made during the
year. Laws affecting the employment of women will be considered
first.
An act of Congress (Pub. No. 60) relates to the employment of
women in the District of Columbia, fixing the hours of labor at 8 per
day, with a maximum of 6 days, or 48 hours, per week. The law is of
general application, covering manufacturing and mercantile establish
ments, laundries, hotels, telegraph and telephone offices, etc. Girls
under 18 may not be employed between the hours of 6 p. m. and 7
a. m., and if three or more females are employed for more than 6 hours
there must be an interval of three-quarters of an hour, unless employ
ment ends not later than 1.30 p. m., when 6J hours may be worked
continuously. A time book or record must be kept, and three in
spectors are provided for to enforce the law. These inspectors are
also authorized to enforce an earlier law requiring seats to be fur
nished for female employees and their use permitted. A Massachu
setts statute which undertook to protect women against undue exer
tion by limiting the dimensions of boxes to be handled by them was
amended (ch. 241) by using the number of pounds of weight as the
standard instead of the dimensions of the box. The Maryland law
was changed (ch. 382) in the matter of the salary of women inspec
tors, the amount being raised from $800 to $1,200 for the inspector,
and from $600 to $900 for assistants. The question of the hours of
labor of women was considered by the Legislature of Mississippi (ch.
165), a 10-hour day and 60-hour week being fixed as the maximum of
employment in laundries, millinery, dressmaking or mercantile estab
lishments, offices, or other occupations. The South Carolina statute
73734°— Bull. 166— 15------ 2
18
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
relating to hours of labor of women in mercantile establishments was
amended (No. 262) by authorizing its enforcement by duly authorized
agents of the commissioner of labor as well as by himself and the
inspectors connected with the department. In New York also the
law as to the employment of women in mercantile establishments was
amended (ch. 331) so as to limit employment to 6 days and 54 hours
per week in all such establishments, instead of only in cities of the
second class, the earlier law permitting a 60-hour week elsewhere.
The requirement for a 6-o’clock closing in cities of the second class
was eliminated, permitting employment until 10 o’clock in all places,
but not allowing an extra long day on Saturday.
The Georgia Legislature passed a new law (p. 88) governing the em
ployment of children. The minimum age is fixed at 14 instead of 12,
though the exception as to dependents and widows’ children remains,
the minimum age for them being 12 years. A special certificate,
to be renewed every 6 months, is required for the employment of
any child under the age of 14. Any child under the age of 14£
years must have a schooling certificate showing that he attended
school at least 12 weeks in the preceding year. Children under this
age may not be employed at night between the hours of 7 p. m.
and 6 a. m. The enforcement of this law is in the hands of the com
missioner of labor. Another law of this State (p. 157) provides for
the registration of vital statistics, and contains a provision that after
14 years a certificate of birth issued by the registration office to be
established under this act shall be required by factory inspectors
and employers as prima facie proof of age.
The existing laws of Kentucky on this subject were repealed and
a new law enacted (ch. 72), fixing the minimum age of employment
at 14 years in designated employments, and forbidding all employ
ment under that age during the school term. Age and schooling
certificates for children under 16 are issued by school superintendents,
records being specified as evidence of age. The hours of labor of
children under 16 are restricted to 8 per day and 48 per week, no
work to be done between 6 p. m. and 7 a. m. A standard list of
prohibited occupations for children under 16 is given, and messenger
service and street trades are regulated. No female under 21 may be
required to stand constantly.
A Louisiana act of 1908 regulated the employment of children, the
statute being applicable to establishments in which 5 or more persons
are employed. An act of the present legislature (No. 133) struck
out this limitation, making the law of general application, and adding
hotels and restaurants to the classes of establishments covered by
its scope, and concludes with a general phrase so as to include “ any
other occupation whatsoever,” instead of those deemed uuhealthful
or dangerous. Another act of this legislature (No. 91) requires chil
LABOR LEGISLATION OF 1914— REVIEW.
19
dren up to 14 years of age to attend school for at least 4 months
during the year, unless they are the sole dependence of their mothers
or sisters.
The statute of Maryland relating to the employment of children
in street trades was amended (ch. 27) by reducing the minimum age
for such employment to 10 years, the former standard having been
12 years. Another amendment (ch. 840) makes the fees of exam
ining physicians payable from the funds of the State bureau of sta
tistics and information instead of from county funds. The provi
sions of this act affecting the numbers and salaries of inspectors have
already been noted.
Two acts of the Massachusetts Legislature relate to the issue of
employment certificates, one (ch. 316) directing that no public official
shall make any charge for the issuing of such certificates. The second
act (ch. 580) authorizes the local superintendent of schools to sus
pend in his discretion the requirements of 130 days’ school attendance
after the child has reached 13 years of age as a condition to the issue
of employment certificates.
The Legislature of Mississippi (ch. 164) passed a special law regu
lating the employment of children in cotton and knitting mills, the
prior law as to employment of children being repealed only in so far
as its provisions are superseded by the new act in its particular field.
The age limit remains as before, i. e., 12 years for males and 14 for
females. The age below which hours of labor are regulated is 14 years
for males and 16 for females, instead of 16 and 18 years in the general
law. The provisions as to the length of a day’s work and the limita
tions on nightwork are the same.
Five laws were passed by the New Jersey Legislature, all in the
nature of amendments, one (ch. 60) adding newspaper plants, printeries, and commercial laundries to the places coming within the
scope of the law as to the age limit of employment. Another (ch.
236) brings mines and quarries within the purview of this law, and
provides for an additional inspector skilled in the operation of such
working places. A third act (ch. 223) makes special provision for
the issue of employment certificates, setting forth in detail the re
quirements as to age, school attendance, examination for physical
condition, etc. The issue of special certificates for children between
the ages of 10 and 16 years desiring to work for their own support
or that of the family is provided for. The fourth act (ch. 252) relates
chiefly to the question of enforcement, and declares places where chil
dren are habitually unlawfully employed to be disorderly houses.
Certificates must be provided for all children under 16 years of age,
under penalty of having the employer declared a disorderly person.
A standard list of dangerous employments for children under 16 years
of age is given, and the employment of children under 16 is limited
20
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
to 8 hours per day instead of 10 hours as formerly, and 48 hours
per week, no labor being permitted on Sundays or holidays. The
period during which nightwork is forbidden is from 7 p. m. to 7
a. m., instead of from 6 p. m. to 6 a. m. as under the earlier law. The
last act to be noted (ch. 253) relates to the employment of children
in mercantile establishments. This act forbids the employment of
children under 14 at any time instead of only during school hours as
before, fixes an 8-hour day and 48-hour week, instead of the 58-hour
week previously allowed, cuts out the permit to work until 9 p. m. one
day in each week and until 10 p. m. from December 15 to 25. No work
is allowed on Sunday, and injurious, excessive, or exposing employ
ments are forbidden. A violator of this act is to be adjudged a dis
orderly person, and any establishment where its violation is habitual,
a disorderly house.
The employment of children in street trades was the subject of
legislation in New York, the act (ch. 21) providing for the issue of
newsboy permits to boys over 12 years of age for work from the close
of school until 6.30 p. m., and to those over 14 years of age from
5.30 to 8 a. m. Another law (ch. 331) amends a law as to the employ
ment of children in mercantile establishments, limiting such employ
ment to 8 hours per day and 48 per week instead of 9 per day and 54
per week as formerly. The time for their stopping work is fixed at
6 p. m. instead of 7 p. m. This law also applies to offices, bowling
alleys, shoe-shining establishments, and barber shops.
Minor changes were made in the Ohio law governing the school
attendance of children, one act (p. 129) making slight technical
changes in the matter of the issue of age and schooling certificates.
Such certificates are to show that female children are over 16 years of
age instead of over 18, thus harmonizing the law in this respect with
its other provisions. The other amendment (p. 225) makes changes
in the law to correspond with changes made in other acts, substi
tuting the industrial commission and the superintendent of public
instruction for officers who have been superseded by these newer
agencies.
The Virginia Legislature (ch. 339) amended its child-labor law
considerably, extending the list of employments forbidden for chil
dren under 14 years of age, and striking out the exemption of
orphans from its scope. Children under 16 may not be employed
between the hours of 9 p. m. and 7 a. m., and must have employment
certificates with proof of age. The act does not apply to employ
ment in canneries between July 1 and November 1. The employment
of children as messengers and newsboys in towns of a population of
5,000 or over is regulated by this act. Another law of this State
(ch. 158) amends the law governing the hours of labor of women
and children, adding laundries to the establishments to which the
LABOR LEGISLATION OF 1914— REVIEW.
21
statute applies. The provision permitting longer hours on Saturday
is stricken out, and the employment of minors and females in places
where intoxicating liquors are sold is forbidden, except in hotels and
country stores.
EMPLOYERS* LIABILITY AND WORKMENS COMPENSATION.
The activity of the State legislatures in this field was noted in the
introduction to this review. But two or three of the 16 acts to be
noted under this head relate to the subject of liability, strictly con
strued, the others being connected with the subject of workmen’s
compensation. A statute of Mississippi (ch. 156) provides that if the
employer was negligent an injured employee shall not be held to
have assumed the risks; an exception is made of cases in which rail
road conductors and locomotive engineers voluntarily operate dan
gerous or unsafe cars or engines. The Massachusetts Legislature (ch.
553) provides that in actions against employers due care on the part
of the injured person shall be presumed, contributory negligence
being a matter of affirmative defense only. Another act of this legis
lature (ch. 464) relates to the subject of employers' liability insurance,
making the liability of the insurance company absolute on the occur
rence of the loss, and giving the judgment creditor a direct claim on
the insurance money.
The constitution of Wyoming was amended so as to authorize a
workmen’s compensation act.
As already noted, new States entering the group having workmen’s
compensation laws are Kentucky and Louisiana. The Kentucky
statute (ch. 73) provides for an elective compensation system cover
ing an extensive list of employments, and applicable where six or
more persons are employed. Other employments may come within
the scope of the law by agreement between the parties concerned, or
they may be brought in by classifications made by the workmen’s
compensation board provided for by the act. Election is made by
the employer by paying premiums into the State insurance fund,
which is to be administered by the compensation board, or by
posting notices in the establishment. Election by the employee is
presumed if the employer elects, though he may give contrary notice.
If an employer fails to accept the provisions, the three usual common-law defenses are abrogated in any action against him for dam
ages.1 No benefits are payable during the first week, except that
medical and surgical aid not to exceed $100 is to be furnished. Bene
fits are payable on the basis of 50 per cent of the employee’s wages,
with a maximum of $12 per week and a minimum of $5, or full wages
i This provision was held by the court of appeals to amount to a compulsion not permissible under the
constitution of the State. The statute was therefore declared unconstitutional Dec. 11,1914.
22
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
if less than $5 is earned. Payments may not exceed $3,750 in amount,
nor be continued during more than 6 years. Disputes are settled by
the compensation board, with appeals to courts.
The Louisiana statute (No. 20) is likewise an elective compensation
system, but is compulsory as to the State and its municipalities. The
law applies to an extensive list of hazardous employments, and other
occupations may be included as hazardous by agreement between
employers and employees, or by a decision of the courts. Election
is presumed in the absence of contrary notice, and the three commonlaw defenses abrogated if the law is rejected by the employer. Two
weeks’ waiting time is fixed by the statute, and benefits are on a 50
per cent basis. Death benefits continue during life or until remarriage
of the widow, disability benefits not to continue more than 400 weeks,
the minimum payment being $3 and the maximum $10. Medical and
surgical aid are to be furnished during the first two weeks, the amount
not to exceed $100. Agreement between parties as to awards must
be approved by the courts, which also decide disagreements
The Maryland statute (ch. 800) is a compulsory compensation law
in its application to a list designated as extrahazardous, being elec
tive for other employments. Farm and domestic labor, rural me
chanics, and persons receiving more than $2,000 per annum as wage
earnings are excluded. Two weeks' waiting time is prescribed unless
the injury is permanent, when payments begin at the end of the first
week. A State insurance fund is provided for, though insurance in
other companies is permitted, or the employer need not insure if he
shows sufficient proof of financial ability to meet possible obligations.
Benefits are paid on a 50 per cent basis, extending over eight years for
death with a minimum payment of $1,000 and a maximum of $4,250.
Medical and surgical aid in an amount not exceeding $150 is to be fur
nished. A State industrial accident commission decides disputes
and administers the law, with appeals to the courts.
By an Executive order of March 20, 1914, the President provided
a compensation system for the Canal Zone, superseding the earlier
order. Benefits are 75 per cent of the wages for three months, and
50 per cent thereafter, 8 years, maximum.
All the foregoing laws place the burden of cost on the employer and
provide for fixed rates of compensation for specified injuries.
The New York Legislature (ch. 41) reenacted for constitutional
reasons the State compensation law (ch. 816, Acts of 1913), prac
tically the only change made being to provide that the board of five
members which is to administer the act should have not more than
three persons of the same political party in its membership.
The remaining laws to be considered under this head are either
amendatory to existing acts or refer to related subjects. Thus the
Maryland Legislature (ch. 489) authorizes at least 20 employers with
LABOR LEGISLATION OF 1914---- REVIEW,
23
not less than 2,000 employees to form mutual associations for the
purpose of insuring against loss under the provisions of the workmen’s
compensation act, or to provide old age, unemployment, or other
benefits for their employees. Each member has one vote, and an
additional vote for each 500 employees or major fraction thereof. If
the employees contribute to the fund they also are to be represented.
The Massachusetts act is amended (ch. 708) so as to require medical
and surgical aid for two weeks after the beginning of the disability
caused by the injury, instead of for two weeks after the injury. Any
other physician than the one provided by the State employers’ in
surance association may act in an emergency, payments to such physi
cians to be subject to the approval of the industrial accident board.
The most important change is one which makes the basis of the bene
fits payable 66§ per cent of the employee’s wages instead of 50 per
cent as under the original act; the period of weekly payments is ex
tended from 300 to 500 weeks, and the maximum sum fixed at $4,000.
Another change makes a conclusive presumption of dependence
in favor of a wife who has been deserted by her husband, or who is
living apart for justifiable causes, and also makes provision for the
children of a deceased workman by a former marriage. If a legal
representative is necessary for securing the benefits of the compensa
tion act and for no other purpose, appointment may be made at the
cost of the insurance association. Other provisions authorize the
compensation payments of minors to be made in whole or in part by
lump sums, enlarge the provisions as to the review of awards, provide
for arbitration in case of disagreement as to physicians’ or attorneys'
fees, allow interest from the original date of award of benefits affirmed
on appeal to court, direct insurance associations and companies to
furnish statistical reports to the State industrial accident board, and
authorize the establishment of four branch offices in cities selected
by the board. Another act (ch. 618) authorizes municipalities to
vote on the acceptance of the compensation law at the election in
1915 if they fail to do so at the first annual meeting after the act was
passed, as was provided for in the act. In another act (ch. 338)
changes were made in the matter of the selection of the board of
directors of the State employees’ insurance association, their election
by ballot being provided for instead of their appointment by the
governor; there are to be not less than 15 members, but more may be
chosen, the restriction to this number being removed.
A single change was made in the New Jersey law by an amendment
(ch. 244) which gives the expenses of the last sickness and burial in
all fatal cases, instead of only those in which there were no dependents.
The New York law was the subject of amendment (ch. 316) before
it became operative, the principal changes being the bringing of em
ployees of the State and municipalities within the scope of the act,
24
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
and allowing deductions to be made from the compensation of
any gratuitous payments made under other schemes. Provision was
also made for increasing a child’s share of the benefits accruing on
account of the father’s death in case of the mother’s death before the
child reached the age of 18 years. Another act (ch. 16) requires
companies carrying on compensation insurance business in the State
to file classification of their risks and premiums, also changes therein
and basis rates and schedules, if used, with the State superintendent
of insurance, no rate or classification to take effect until approved by
him. An appropriation of $350,000 was made for the State work
men’s compensation commission, to provide salaries, office expenses,
etc., by chapter 170.
Growing out of a court decision relative to the meaning of a term
used in its compensation law, the Legislature of Ohio amended (p. 193)
the original act by adding a definition of the term “ willful act,” for
which an employer might be sued instead of settling under the com
pensation law. Such an act was defined as being one that was done
knowingly and purposely with the direct object of injuring another.
BENEFIT AND RETIREMENT FUNDS.
The only act under this head relating to private employment is one
by the New York Legislature (ch. 320) that is obviously the result of
the recent disastrous failure of the benefit fund in a large establish
ment in New York City. This act forbids the compulsory contribu
tion by employees of any amount for the maintenance of benefit or
insurance funds in mercantile establishments.
Other laws that may be here considered relate to public employees,
and were all enacted by the Massachusetts Legislature. The first
of these (ch. 352) is a special law for the provision of pensions for
employees of fire and water districts instead of bringing them under
the general law as to employees of municipalities. The provisions
in thi3 act must be accepted by the various municipalities before it
is operative. Another act (ch. 419) provides pensions for State em
ployees disabled after 15 years of continuous service; a third (ch. 568)
liberalizes the provisions of the existing law as to interruptions of
service and their effect in the cutting off of pension rights. The
fourth act (ch. 582) makes minor changes as to the computing of
interest on refunds of the State employees’ retirement association.
ACTIONS FOR INJURIES CAUSING DEATH.
The only legislation to be noted here is an amending act of the
Mississippi Legislature (ch. 214) authorizing suits, in cases where
injury has caused death, to be brought in the name of the personal
representative for the benefit of all claimants. Individuals may still
bring action in their own right, but only one suit can be brought in
any case where a decision is reached on the merits of the case.
LABOR LEGISLATION OF 1914---- REVIEW•
25
ACCIDENTS.
In addition to the provisions for first aid in case of accidents,
already noted under the headings “ Regulation and inspection of fac
tories” and “ Mine regulations,” laws were enacted in Massachusetts
(ch. 742) directing reports of accidents to be made by gas and electric
companies; and by the Legislature of New York (ch. 466) making an
appropriation for the American Museum of Safety on the condition
that the museum be open to the public free of charge 5 days per week,
1 to be Sunday afternoon, and 2 evenings weekly, and that provi
sions be made for promulgating among the schools instruction as to
the prevention of accidents, and industrial hygiene. A third act
coming under this head is one of the Virginia Legislature (ch. 132)
requiring, at least 30 minutes per month in the public schools of the
State to be spent in instructing the children as to means of accident
prevention. The State superintendent of public instruction is
directed to arrange information suitable for this purpose and dis
tribute it.
OCCUPATIONAL DISEASES.
The New Jersey Legislature enacted an extensive and detailed
law (ch. 162) on the subject of the prevention of occupational dis
eases, special attention being paid to manufacturing processes in
which lead is used. The provisions prescribed include the cleaning
of floors, ventilation, and the supplying and equipment of wash rooms,
time for washing to be allowed by the employer and computed as a
part of the working time. Eating rooms are to be provided, and no
food or drink may be taken into the workrooms. Suitable clothing
and respirators are to be furnished by employers, and a medical exam
ination made of employees engaged in dangerous occupations at least
monthly, and a record kept of the same. An act of the New York
Legislature (ch. 318) declares tuberculosis an infectious and commu
nicable disease, and authorizes employers to report cases to the local
health officers, who are then to proceed according to the sanitary
code of the State— a law that seems appropriate to be noted here,
though it is not strictly one relating to occupational diseases.
LABOR ORGANIZATIONS.
The Legislature of Louisiana passed a law (No. 294) forbidding
employers to procure agreements from their workmen or prospective
employees not to be or become members of labor organizations. Of
like intent is an act of the New York Legislature (ch. 217), forbidding
contractors on public works in the city of Buffalo to discriminate
against workmen on account of their membership in labor organiza
tions. New legislative ground is broken in an act of Congress
(Pub. No. 212) and an act of the Massachusetts Legislature (ch. 778).
26
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The former declares that labor is not a commodity, and that the
Federal antitrust laws do not apply to labor organizations. Peaceful
picketing and persuasion are declared to be not unlawful, nor may
the payment of strike benefits be interfered with, nor the peaceful
assemblage in a lawful manner of workmen engaged in a labor dispute.
Injunctions run only against the parties named, their officers, agents,
servants, and employees, or those in active concert or participation
who have actual notice by personal service or otherwise. The Massa
chusetts statute mentioned authorizes combinations as to wages and
conditions of employment, and forbids injunctions unless to prevent
irreparable injury to property particularly described. The right to
carry on business is declared to be a personal right and not a property
right, and acts in combination not punishable unless in themselves
unlawful.
An act of Congress (Pub. No. 161) making appropriations for the
expenses of the Department of Justice, provides a sum for the enforce
ment of the antitrust law, but forbids the use of any part of it for
prosecuting organizations or individuals for combining to increase
wages, shorten hours, or better conditions of employment.
An act of the Legislature of South Carolina (No. 393) that might
also have been considered under the head “ Benefit and retirement
funds” is one authorizing labor organizations to form relief societies;
reports are to be made to the insurance commissioner of the State and
certificate must be had from him, though no license is required.
COOPERATIVE ASSOCIATIONS.
In Virginia a law was enacted (ch. 329) authorizing any number of
persons, not less than five, to unite for the carrying on (among others)
of any manufacturing or mechanical business on a cooperative plan.
The maximum value of any individual's share is fixed at $1,000, and
no member may have more than one vote.
ARBITRATION OF LABOR DISPUTES.
Though remote geographically, a most striking law on this subject
is one enacted by the Philippine Legislature (No. 2385). This act
authorizes the director of the bureau of labor to arbitrate any labor
disputes, summoning parties under subpoenas duces tecum to appear
before him and testify. He is then to advise and bring about such
an arrangement as may upon the hearing be shown to be just and fair.
An attorney of the bureau is provided for, whose duty it is to bring
suits in behalf of laborers in case of the failure of a friendly effort to
settle labor disputes. Such service is to be without cost to the plain
tiff, on a showing of his inability to pay, though where judgment is
against the employer an attorney’s fee is to be assessed as a part of the
LABOR LEGISLATION OF 1914---- REVIEW.
27
recovery. This is obviously the nearest approach to compulsory
arbitration that has been made in any jurisdiction under the United
States Government.
The Massachusetts law on the subject of arbitration was amended
(ch. 681) so as to call for investigation and publicity only in cases
where the good offices of the arbitration board are rejected; it is also
provided that the board shall call the attention of employers and
employees to their duty to give notice to the board before resort is
had to strikes. Another provision affects slightly arbitration by
local boards.
EMPLOYMENT OFFICES.
A Louisiana statute (No. 307) authorizes municipalities to provide
by ordinances of council for the establishment and maintenance of
local free public employment offices. In Maryland the State immi
gration bureau is to maintain a free public employment office for the
distribution of agricultural labor (ch. 429). The labor law of New
York is amended (ch. 181) by adding a bureau of employment to the
department of labor. The chief of this office is to be a director, to be
employed after having passed a civil-service test. Local offices are
to be under the direction of a superintendent, and shall have advisory
committees of representative employers and employees attached to
them. Notice of a strike may be filed with the superintendent of an
office, such notice to be posted only after the other party interested
has been notified that such information has been received. Special
registers are to be maintained for children between 14 and 18 years
of age, and bulletins giving information as to the state of the labor
market are to be issued by the bureau of statistics and information.
Rules of the Wisconsin Industrial Commission (Nos. 1-27)
regulate the issue of licenses, the keeping of registers, require fees to
be scheduled, receipted for, and returned in certain cases, etc.
BUREAUS OF LABOR.
Mention has already been made of certain activities of bureaus
of labor, and some of the laws to be noted here might also have been
mentioned in connection with the regulation and inspection of fac
tories. . Thus the act of the Louisiana Legislature (No. 186) amend
ing the existing law changes the title of the chief of the bureau
to commissioner of labor, and authorizes him to appoint two assistant
commissioners, who shall be residents of different sections of the
State and different from his own, the headquarters of the com
missioner and his assistants to be determined by the governor.
The duty of inspection by the bureau is considerably enlarged and
the salary of the commissioner is increased to $2,000. In Virginia
also (ch. 321) the commissioner of labor is designated as chief factory
28
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
inspector of the State, and his duties in this respect prescribed;
he is authorized to appoint assistants and deputies and annual
reports are to be made. A Massachusetts act (ch. 533) simply
designates the number of annual reports to be printed by the State
board of labor and industries; while an act of the New Jersey Legis
lature (ch. 156) changes the name of the bureau of statistics to bureau
of industrial statistics and authorizes the State industrial directory to
be continued and issued every three years.
CONVICT LABOR,
The laws under this head are chiefly of minor importance, several
of them being only of local application. A Georgia statute (p. 87)
authorizes the employment of county chain gangs to work the streets
in cities of from 7,000 to 10,000 population. An act of the Legis
lature of Kentucky (ch. 52) authorizes the leasing of farm lands for
raising vegetables and farm products to supply the State reform
atory and the penitentiary; another (ch. 89) provides for the employ
ment of convicts on the highways of the State, with a daily allowance
of $1 on fines and costs; while a third act (ch. 93) proposes an
amendment to the constitution of the State so as to allow the employ
ment of convicts outside the walls of the penitentiary, on highways
and bridges and materials therefor, and on State farms. A law
of the State of Mississippi (ch. 132) authorizes convict labor to be
employed for the crushing of limestone, which is to be sold at cost
for agricultural purposes. Another act (ch. 205) directs that sup
plies for State institutions be bought of the penitentiary if possible.
The prison labor commission of New Jersey is directed (ch. 269)
to provide agricultural employment for the convicts of the State
and establish a wage system, part of the earnings to be for the benefit
of the convicts. The New York law relating to the employment
of convicts for labor on highways is amended (chs. 60, 61); another
law (ch. 188) regulates the forfeiture of convicts7 earnings for dis
ciplinary purposes. Besides a law of only local application (No. 291)
the Legislature of South Carolina provided (No. 366) that county
supervisors may select convicts sentenced from their respective
counties to the State penitentiary to work on the county highways.
Much the same provision as in the Mississippi statute already noted
is found in a Virginia law (ch. 308) authorizing the employment
of convicts to grind limestone and oyster shells for sale to the citi
zens of the State at a price 10 per cent above the cost of production.
LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED
SINCE JANUARY 1, 1914.
[Bulletin No. 148 of this Bureau contains the laws of the various States and Territories and of the United
States relating to labor in force Jan. 1,1914, with the exception of the compensation acts, which appear in
Bulletin No. 126. Later enactments are reproduced below, forming in effect a supplement to the bulletins
named. Instead of reproducing the text of the law in full in cases where slight changes occur, such changes
have in some instances been indicated in brief notes, these notes being inclosed within brackets. A
cumulative index of the laws printed in Bulletins Nos. 126 and 148 and in the present bulletin is to be
found on pages 247 to 290.]
CALIFORNIA.
CONSTITUTION.
A rticle 20.—Minimum
wages—Protection of employees.
S ection 17J. The legislature may, by appropriate legislation pro- Power of legisvide for the establishment of a minimum wage for women and minorslature*
and may provide for the comfort, health, safety and general welfare of
any and all employees. No provision of this constitution shall be con
strued as a limitation upon the authority of the legislature to confer
upon any commission now or hereafter created, such power and author
ity as the legislature may deem requisite to carry out the provisions of
this section.
Amendment adopted Nov. 3, 1914.
DISTRICT OP COLUMBIA.
ACTS OF 1914.
Employment of women—Hours of labor.
(Public No. 60, 63d Cong.)
S ection 1. No female shall be employed in any manufacturing, Scope,
mechanical, or mercantile establishment, laundry, hotel, or restaurant,
or telegraph or telephone establishment or office, or by any express or
transportation company in the District of Columbia more than eight
hours in any one day or more than six days or more than forty-eight Eight-hour
hours in any one week.
ay’
S e c . 2. No female under eighteen years of age shall be employed or Nightwork.
permitted to work in or in connection with any of the establishments
or occupations named in section one of this act before the hour of
seven o’clock in the morning or after the hour of six o’clock in the
evening of any one day.
S e c . 3. N o female shall be employed or permitted to work for more Continuousemthan six hours continuously at one time in any establishment or occupa- P yment‘
tion named in section one of this act in which three or more such
females are employed without an interval of at least three-quarters
of an hour; except that such female may be so employed for not more
than six and one-half hours continuously at one time if such employ
ment ends not later than half past one o’clock in the afternoon and if
she is then dismissed for the remainder of the day.
S e c . 4. Every employer shall post and keep posted in a conspicuous List to be postplace in every room in any establishment or occupation named in ed*
section one of this act in which any females are employed a printed
notice stating the number of hours such females are required or per
mitted to work on each day of the week, the hours of beginning and
stopping such work, and the hours of beginning and ending the recess
allowed for meals. The printed form of such notice shall be furnished
29
30
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
by the inspectors authorized by this act. The employment of any
such female for a longer time in any day than that stated in the printed
notice shall be deemed a violation of the provisions of this section.
Where the nature of the business makes it impracticable to fix the
recess allowed for meals at the same time for all females employed,
the inspectors authorized to enforce this act may issue a permit dis
pensing with the posting of the hours when the recess allowed for meals
begins and ends, and requiring only the posting of the total number
of hours which females are required or permitted to work on each
day of the week and the hours of beginning and stopping such work.
Such permit shall be kept by such employer upon such premises
and exhibited to all inspectors authorized to enforce this act.
Record.
S e c . 5. Every employer shall keep a time book or record for every
female employed in any establishment or occupation named in section
one of this act, stating the wages paid, the number of hours worked
by her on each day of the week, the hours of beginning and stopping
such work, and the hours of beginning and ending the recess allowed
for meals. Such time book or record shall be open at all reasonable
hours to the inspection of the officials authorized to enforce this act.
Any employer who fails to keep such record as required by this section,
or makes any false statement therein, or refuses to exhibit such time
book or record, or makes any false statement to an official authorized
to enforce this act in reply to any question put in carrying out the
provisions of this act shall be liable for a violation thereof.
Inspectors.
S e c . 6. The Commissioners of the District of Columbia are hereby
authorized to appoint three inspectors, two of whom shall be women,
to carry out the purposes of this act at a compensation not exceeding
$1,200 each per annum.
Entering
S e c . 7. The inspectors authorized by this act may in the discharge
rooms, etc.
0f their duties enter any place, building, or room where any labor
is being performed by females which is affected by the provisions
of this chapter whenever such inspectors may have reasonable cause
to believe that any such labor is being performed therein.
Inspection.
S e c . 8. The inspectors authorized by this act shall visit and inspect
the establishments and places of employment named in section one
as often as practicable, during reasonable hours, and shall cause the
provisions of this act to be enforced therein and also the provisions of
an act entitled “ An act to provide that all persons employing female
help in stores, shops, or manufactories in the District of Columbia
Lawastoseats. shall provide seats for the same when not actively employed,” ap
proved March second, eighteen hundred and ninety-five. They shall
make a daily report to the Commissioners of the District of Columbia,
and also report any cases of illegal employment contrary to the pro
visions of tms act to the corporation counsel of the District of Columbia.
Violations.
S e c . 9. Any person who violates or does not comply with any of
the provisions of this act shall upon conviction be punished for a
first offense by a fine of not less than $20 nor more than $50; for a second
offense, by a fine of not less than $50 nor more than $200; for a third
offense, by a fine of not less than $250.
Approved February 24,1914.
GEORGIA.
ACTS OF 1914.
Exemption of wages from execution, etc.
(Page 62.)
S ection 1. Section 5298 of Vol. I of the Code adopted August 15,
1910, is hereby amended * * * so that when amended said section
shall read as follows:
[Section 5298.] All persons shall be exempt from the process and lia What wages ex
bilities of garnishment on one dollar and twenty-five cents per day of empt.
their daily, weekly, or monthly wages and on fifty percent of the excess
thereof, whether in the hands of their employers or others. All wages
above the exemption herein provided for shall be subject to garnish
ment, and garnishee in making answer shall state specifically when the
wages therein referred to were earned by defendant and whether the
same were earned as daily, weekly, or monthly wages.
Approved August 14,1914.
Employment of children—General provisions.
(Page 88.)
S e c t io n
1. No child under the age of fourteen years shall be em
Age limit.
ployed by or permitted to work in or about any mill, factory, laundry,
manufacturing establishment, or place of amusement; except that
children over twelve years of age who have widowed mothers depend
ent upon them for support, or orphan children over twelve years of age C h i l d r e n of
dependent upon their own labor for support, may work in factories and widows, etc.
manufactories; except that the foregoing provisions of this section
shall not be applicable in instances specified and provided for in sec
tion 8, of this act.
Sec. 2. No child under fourteen years and six months shall be em Certificates.
ployed or be permitted to work in any of the establishments or occu
pations mentioned in section 1, unless the person, firm, or corporation
employing such child has and keeps on file accessible to the officials
charged with the enforcement of this act, a certificate from the super
intendent of schools in the county or city in which such child resides,
that such child is not less than fourteen years of age, has attended
school for not less than twelve weeks of the twelve months preceding
the date of issuance of such certificate; except that the foregoing pro
visions of this section shall not be applicable in instances specified
and provided for in section 8, of this act.
S e c . 3. The certificate mentioned in the foregoing section shall Contents.
state the full name, date and place of birth of the child, with the name
and address of the parent, guardian, or person sustaining the parental
relationship to such child, and that the child has appeared before the
officer, and satisfactory evidence submitted that the child is of legal
age. Blank forms of these certificates shall be furnished by the com
missioner of labor to the superintendent of schools in the respective
cities and counties. A duplicate copy of each certificate shall be filed
with the commissioner of labor within four days from its issuance. ^The
commissioner of labor may at any time revoke any certificate if, in Powers of com
of la^
his judgment, the certificate was improperly issued. He is authorized missioner
bor.
to investigate the true age of any child employed, hear evidence, and
require the production of relevant books or documents. If the certifi
cate is revoked the then employer shall be notified, and said child
shall not thereafter be employed or permitted to labor until a new
certificate has been legally obtained; except that the foregoing pro
visions of this section shall not be applicable in instances specified and
provided for in section 8, of this act.
Sec. 4. No child under fourteen years and six months of age shall
be permitted to work in or about any of the establishments mentioned
in section 1, or section 2, of this act, between the hours of 7 p. m. and
6 a. m., according to the standard time of the community in which such
establishment is located.
31
Nightwork.
32
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
S ec . 5. It shall be the duty of the commissioner of labor and his
authorized assistants to see that the provisions of this act are enforced.
Violations.
S ec. 6. Any person, agent, or representative of any firm or corpora
tion violating any of the provisions of this act; or any parent, guard
ian or other person standing in parental relationship to any child
who shall hire or place for employment or labor any child under the
age limits in any of the establishments or occupations mentioned in
section 1 of this act, or any superintendent of county or city schools
who shall issue a certificate knowing that its issuance was illegal; or
any person who shall knowingly furnish any untrue evidence with
reference to the date or place of birth of said child, or the age of said
child or its educational qualifications, shall be guilty of a misde
meanor, and upon conviction shall be punished accordingly.
C h ild r e n of
S ec. 8. It shall be lawful for a child twelve years of age or more to
widows, etc.
work in and for a mill, factory, laundry, manufacturing establishment
or place of amusement if sucn child has dependent upon his labor a
widowed mother or if such child is an orphan dependent upon his
own labor. Whenever such child desires to work in any of such places
as is specified above the fact that such child’s labor is necessary to
support a widowed mother or to support such orphan child must be
found to be true after an investigation by a commission composed of
the county school superintendent and the ordinary of the county
where the work is to be done, and the head of the school in the school
district where the said child lives. After an investigation by said
commission if it or a majority of its members, find that the facts exist
to authorize such child to work in or for any of the establishments men
tioned in section 1, of this act, because of the existence of either of the
conditions hereinbefore set out, such commission shall issue a certifi
cate to that effect which shall be kept of [on] file in the office of the
Certificate to establishment where said child is at work. Such commission shall
be renewed.
make an investigation and issue a new certificate at least once each
six months and may prescribe as a condition precedent to issuance of
such certificate school attendance for such length of time and at such
time as in its discretion seems wise. No such certificate more than
six months old shall authorize the employment of any child under
fourteen and one-half years of age in or for any of the places specified
in section one of this act.
Enforcement.
Act in effect.
Sec. 10. The provisions of this act shall be in force on and after
January 1, 1915.
Approved August 14, 1914.
Factory, etc., regulations—Manufacture of food products.
(Page 134.)
Sanitation,etc.,
required.
Every place occupied or used for the preparation for sale,
manufacture, packing, storage, sale or distribution of any food shall
be properly lighted, drained, ventilated, screened and conducted
with strict regard to the influence of such conditions upon the health
of operatives, employees, clerks or other persons therein employed,
and the purity and wholesomeness of the foods therein produced.
Approved August 14, 1914.
S ection 1.
Employment of children—Certificates.
(Page 157.)
Proof of age.
17. * * * At the expiration of fourteen years from the
passage of this act [providing for the registration of vital statistics]
certified copies of birth registration certificates shall be required by all
factory inspectors and employers of youthful labor as prima facie
proof of age, and no other proof shall be required from children bom in
this State or States which for fourteen years previous to the date of such
certificate have had registration laws essentially identical with this act:
Provided, That when it is not possible to secure such certified copy of
birth registration certificate for any child, the school authorities and
factory inspectors may accept as secondary proof of age any competent
evidence by which the age of persons is usually established.
S ection
Approved August 17,1914.
KENTUCKY.
ACTS OF 1914.
Cha p t er
72.—Employment of children—Factory regulations.
1. An act entitled “ An act to regulate child labor and to Repealer,
make tlie provisions thereof effective,” approved March 18, 1908
(which act constitutes section 331-A, of the Kentucky Statutes of 1909),
and an act entitled 4‘An act to amend an act entitled 4An act to regulate
child labor and to make the provisions thereof effective, approved
March 18, 1908/ approved March 25, 1910,” are hereby repealed; and
the following sections are hereby enacted in lieu thereof and shall con
stitute section 331-A of the Kentucky Statutes:
Section 331-A. 1. No child under fourteen years of age shall be em- Age limit,
ployed, permitted or suffered to work in or in connection with any
factory, mill, workshop, mercantile establishment, store, office[,] print
ing establishment, bakery, laundry, restaurant, hotel, apartment house,
theater, motion-picture establishment, or in the distribution or trans
mission of merchandise or messages. It shall be unlawful for any per
son, firm, or corporation to employ any child under fourteen years of age
in any business or service whatever during any part of the term during
which the public schools of the district in which the child resides are in
session. Nor shall any child under fourteen years of age be permitted
to perform in or appear upon the stage of any theater, motion-picture
establishment or other place of public amusement, whether for pay
or not.
2.
No child between fourteen and sixteen years of age shall be em- Certificates,
ployed, permitted or suffered to work in or in connection with any
factory, mill, workshop, mercantile establishment, store, office, print
ing establishment, bakery, laundry, restaurant, hotel, apartment house,
theater, motion-picture establishment, or in the distribution or transmis
sion of merchandise or messages, unless the person, firm or corporation
employing him procures from the local school authorities and keeps on
file and accessible to the truant officers and to the labor inspectors, an em- File,
ployment certificate as hereinafter prescribed, and keeps two complete
lists of all such children employed therein, one on file and one con
spicuously posted near the principal entrance of the building in which
such children are employed. On termination of the employment of a
child so registered, and whose certificate is so filed, such certificate shall
be returned by the employer to the officer by whom it was issued within
two days of the termination of the employment of such child. A labor Labor inspecinspector may make demand on an employer in whose establishment a tor*
child apparently under the age of sixteen years is employed or per
mitted or suffered to work and whose employment certificate is not then
filed as required by this act, that such employer shall either furnish
him, within ten days, evidence satisfactory to him that such child is in
fact sixteen years of age or over, or shall cease to employ, or permit, or
suffer such child to work therein. A labor inspector may require from
such employer the same evidence of age of such child as is required for
the issuance of an employment certificate, and the employer furnishing
such evidence shall not be required to furnish any further evidence of
the age of the child. In case such employer shall fail to produce and
deliver to the labor inspector, within ten days after such demand, such
evidence of the age therein required of him, and thereafter continue to
employ such child, or permit or suffer such child to work in such estab
lishment, proof of the giving of such notice and of such failure to pro
duce and file such evidence shall be prima facie evidence in any prose
cution brought for violation of the provision that such child is under
sixteen years of age and is unlawfully employed.
73734°— Bull. 166— 15-------3
33
S ection
34
BULLETIN OF THE BUREAU OP LABOR STATISTICS.
3. Employment certificates shall be issued only by the superin
tendent of schools or by a person authorized by him in writing, acting in
his name. Where there is no local superintendent of schools they shall
be issued by the county superintendent of schools, or by a person so
authorized by him.
Evidence.
4. The person authorized to issue employment certificates shall not
issue such certificate until the child in question, accompanied by its
parent or guardian, has personally made application to him therefor and
until he has received, examined, approved and filed the following
papers duly executed: (1) The school record of such child properly filled
out and signed as provided hereinafter. (2) A duly attested transcript
of the birth certificate filed according to law with any officer charged
with the duty of recording births; or a passport, or a duly attested trans
script of a certificate of baptism showing the date of birth and place of
baptism of such child; or, in case the officer authorized to issue the cer
tificate is satisfied that none of such proofs of age can be produced,
other evidence of age, such as a duly attested school census, or schoolenrollment record, or affidavit of the parent, guardian, or custodian of
such child, such as shall convince such officer that the child is fourteen
years of age or upwards. (3) The written statement of the person, firm
or corporation in whose service the child is about to enter, that he in
tends to employ the child, which statement shall give the nature of the
occupation for which the child is to be employed. (4) A certificate
signed by a physician appointed by the school board, or other public
medical officer, stating that such child has been examined by him, and,
in his opinion, has reached the normal development of a child of its age
and is in sufficiently sound health and physically able to be employed
in the work which it intends to do. The superintendent of schools in
any city, town, county or district wherever there is one, and where
there is none then the county superintendent, shall, between the first
and tenth days of each month, transmit to the office of the labor inspector
Reports.
a report, which report shall give (1) the name of each child to whom a
certificate has been issued in the preceding month, together with the
name and address of the establishment where such child was to be
employed; and (2) the name of each child to whom a certificate has
been denied in the preceding month, together with the ground of such
denial. A refusal or failure to transmit such report by any person
charged under this section with the duty of transmitting same to the
labor inspector shall constitute a misdemeanor, punishable by a fine of
not more than twenty-five dollars nor less than five dollars, to be disposed
of as provided in the section of this act numbered 16.
School record.
5. The school record herein required shall be signed by the principal
or chief teacher of the school which such child has last attended and
shall be furnished, on demand, to a child who, after due examination
and investigation, is found to be entitled thereto. It shall contain a
statement certifying that the child has regularly attended a public
school or school equivalent thereto or parochial school for not less than
one hundred days, either during the twelve months previous to arriving
at the age of fourteen years or during the twelve months previous to
applying for such school record, and is able to read intelligently and
write legibly simple sentences in the English language and has com
pleted satisfactorily a course of study equivalent to the first five yearly
grades in reading, spelling, writing, English language and geography,
as established in the graded schools of this Commonwealth, and is
familiar with the fundamental operations of arithmetic up to and in
cluding common fractions. Such school record shall also give the
name, date of birth and residence of the child as shown by the records of
the school and the name of its parent, guardian or custodian: Provided,
however, That upon the filing with the person authorized to issue employ
ment certificates of the affidavit of the applicant or of his or her parent,
guardian or custodian showing that diligent effort has been made to
obtain the school record hereby required, and that it cannot be obtained,
then the person authorized to issue the certificate may issue such a cer
tificate without having received such school record, if the other require
ments for such certificate have been fulfilled, but it shall be his duty in
such case to examine the applicant as to his or her proficiency in each of
Who may issue
certificates.
LABOR LEGISLATION OF 1914---- KENTUCKY.
the studies mentioned in this section, and he shall issue such certificate
only after such applicant has shown that he or she has acquired a
knowledge of said studies equivalent to that imparted by a course
therein covering the first five yearly school grades; in such case the
employment certificate shall show that such examination was had in
lieu of the filing of the school report. If the principal of any reputable
school, other than a public school, certify that a pupil has regularly
attended his or her school as required herein and has satisfactorily com
pleted a course of study equivalent to the first five yearly grades in the
public school, said pupil shall be treated in all respects as if a pupil of
the public school.
6. The printed form of the certificate and other papers required in
the issuing of employment certificates shall be drafted by the State
superintendent of public institution [instruction] and furnished by him
to the local and county superintendents of schools.
7. No person under the age of sixteen years shall be employed or
suffered or permitted to work in, about or in connection with any
factory, mill, workshop, mercantile establishment, store, office, print
ing establishment, bakery, laundry, restaurant, hotel, apartment house,
theater, motion-picture establishment, or in the distribution or trans
mission of merchandise or messages, for more than six days in any one
week, nor more than forty-eight hours in any one week, nor more than
eight hours in any one day; nor before the hour of seven o ’clock in the
morning nor after the hour of six o’clock in the evening of any day; the
presence of such child in any such establishment during working hours
shall be prima facie evidence of its employment therein. Every em
ployer shall post in a conspicuous place in every room where such
minors are employed 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 meals begin and end.
The printed form of such notice shall be furnished by the State labor
inspector, and the employment of any such minor for longer time in
any day than so stated shall be deemed a violation of this section.
8. Truant officers may visit mines, factories, mills, workshops, mercantile establishments, stores, offices, printing establishments, bakeries,
laundries, restaurants, hotels, apartment houses, theaters and motionpicture establishments, in their several towns and cities and ascertain
whether any minors are employed therein contrary to the provisions of
this act, and they shall report any cases of such illegal employment to
the superintendent of schools and to the labor inspector, or other author
ized officer of the State. Labor inspectors and truant officers may require
that the employment certificates and lists, provided for in this act, of
minors employed in such establishments shall be produced for their in
spection . Complaints for offenses under this act, except as to the employ
ment of children in mines, shall be brought by the labor inspector.
The provisions of this act with regard to the employment of children
in mines shall be enforced by the State inspector of mines and his assist
ants, who shall bring all complaints for violation of the same.
9. No child under the age of sixteen years shall be employed, permitted or suffered (1) to sew or to assist in sewing belts in any capacity
whatever; (2) nor to adjust any belt to any machinery; (3) nor to oil,
wipe or clean machinery; (4) nor to operate or to assist in operating any
of the following named machines: (a) Circular or band saws; (6) wood
shapers; (c) wood joiners; (d) planers; (e) sandpaper or wood polishing
machinery; (jf) emery or polishing wheels used for polishing sheet metal;
(g) wood turning or boring machinery; (h) picker machines or machines
used in picking wool, cotton, hair or other materials; (i) carding ma
chines; (j) paper-lace machines; (h) leather burnishing machines; (I)
job or cylinder printing presses operated by other power than foot power;
(m) boring or drill presses; (n) stamping machines used in sheet metal
and tinware or in paper and leather manufacturing, or in washer and
nut factories; (o) metal or paper cutting machines; (p) comer staying
machines in paper box factories; (q) corrugating rolls such as are used in
corrugated paper, roofing, or washboard factories; (r) steam boiler,
steam machinery, or other steam generating apparatus; (s) dough
brakes or cracker machinery of any description; (u) rolling mill
35
Forms,
Hours of labor,
Nightwork.
Enforcement,
Employments
*
36
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
machinery; (v) power punchers or shears; (w) washing, grinding or
mixing machinery; (%) calender rolls in paper and rubber manufac
turing; or (y) laundering machinery; (5) nor work in proximity to any
hazardous or unguarded belts, machinery or gearing; (6) nor to work
upon any railroad whether steam, electric or hydraulic; (7) nor to
operate or assist in operating any passenger or freight elevator; (8) nor
to work in any capacity in processes in which dangerous or poisonous
acids are used; (9) nor to work in any capacity in the manufacture or
packing of paints, colors or white or red lead; (10) nor to work at solder
ing; (11) nor to work in occupations causing dust in injurious quan
tities; (12) nor to work in the manufacture or use of dangerous or poison
ous dyes; (13) nor to work in the manufacture or preparation of com
positions with dangerous or poisonous gases; (14) nor to work in the man
ufacture or use of compositions of lye in which the quantity thereof is
injurious to health; (15) nor to work in any tunnel or excavation; (16)
nor to work on scaffolding; (17) nor to work in any capacity in, about,
or in connection with any mine, coke oven or quarry; (18) nor to work
in assorting, manufacturing or packing tobacco; (19) nor to operate any
automobile, motor car or truck; (20) nor to work in any bowling alley;
(21) nor to work in any pool or billiard room; (22) nor to work in any
distillery, brewery, or other establishment where malt or alcoholic
liquors are manufactured, packed, wrapped or bottled; (23) nor to work
in any hotel, theater, concert hall, club, place of amusement, or any
other establishment where intoxicating liquors are sold; (24) nor to work
in any other occupation dangerous to the life or limb or injurious to the
health or morals of such child, and as to these matters the decision of
the county physician or city health officer, as the case may be, shall be
Industrial edu- final: Providedi however, That nothing in this act shall prevent the use of
cation.
suitable machinery for purposes of instruction in schools where the me
chanical arts are taught in connection with and as part of the usual school
curriculum. But the use of such machinery in any school, whether
public or private, shall be subject to the approval of the board of edu
cation or other governing school authority of the city or district wherein
such school is situated, and shall be subject to the provisions of this act
as to supplying safeguards for the protection of those using such ma
chinery.
Belt shifters.
10. It shall be the duty of the owner of any manufacturing estab
lishment where any person under twenty-one years of age is employed,
his agents, superintendents or other persons in charge of same, to
furnish and supply, when practicable, or cause to be furnished and
supplied to him, belt shifters or other safe mechanical contrivance
for the purpose of throwing belts on or off pulleys; and, whenever
practicable, machinery therein shall be provided with loose belts.
Guards.
All vats, pans, saws, planes, cogs, gearings, belting, set screws and
machinery of every description which is palpably dangerous, shall be
properly guarded and no person shall remove or make ineffective any
safeguard around or attached to any such appliances or machinery,
while the same is in use, unless for the purpose of immediately making
repairs thereto, and all such safeguards shall be promptly replaced.
No person under eighteen years of age shall be allowed to clean machin
ery while it is in motion.
Messenger serv11. In cities of the first, second or third class, no person under the
ice*
age of twenty-one years shall be employed, permitted or suffered to
work as a messenger for any telegraph, telephone or messenger company
in the distribution, transmission or delivery of goods or messages before
six o’clock in the morning or after nine o’clock in the evening of any
day.
Minor females 12. No female under twenty-one years of age shall be employed,
^tantfyf
con'permitted or suffered to work m any capacity in this Commonwealth,
where such work compels her to remain standing constantly.
Lime washing,
13. The walls and ceiling of each room in every manufacturing
etc*
establishment where minors are employed shall be limewashed or
painted when, in the opinion of the labor inspector, it shall be con
ducive to the health or cleanliness of the persons working therein;
Act to be post14. A copy of this act shall be conspicuously posted and kept in each
ed*
workroom of eveiy mill, mine, workshop, theater, bowling alley,
laundry or public messenger company, and manufacturing, mercantile
or printing establishment in this Commonwealth.
LABOB LEGISLATION" OF 1914---- KENTUCKY.
15. No boy under fourteen years of age, nor girl under eighteen years
of age shall be employed, permitted or suffered to work at any time
in any city of the first, second or third class in or in connection with
the street occupations of peddling, bootblacking, the distribution or
sale of newspapers, magazines, periodicals or circulars, nor in any other
occupation pursued in any street or pub He place. No boy between four
teen and sixteen years of age shall be employed, permitted or suffered to
work in any city of the first, second or third class in or in connection
with the street occupations of peddling, bootblacking, the distribution
or sale of magazines, periodicals or circulars, nor in any other occupation
pursued in any street or public place except upon the following con
ditions:
(A) Boys between fourteen and sixteen years of age shall, upon
application to the school authorities, as in tlie case of an employment
certificate, and upon compliance with all of the requirements for the
issuance of an employment certificate, be entitled to receive from the
officer authorized to issue employment certificates a badge, which shall
authorize the recipient to engage in the trades or occupations above
mentioned between the hours of six o’clock a. m. and eight p. m. of
each day, but at no other time. Such badge shall be displayed con
spicuously by the recipient while so engaged and shall be renewed
annually on the first day of January. The color of all such badges issued
in the same calendar year shall be the same and said color shall be
changed each year upon renewal.
(B) Boys between fourteen and sixteen years of age who comply with
all of the requirements for the issuance of an employment certificate
except the educational requirement (that is, the filing of a school record
or the passing oi; an examination in lieu thereof) shall be entitled to
receive from the officer authorized to issue employment certificates a
badge which shall authorize the recipient to engage in the above
mentioned trades or occupations at such time or times between six
a. m. and eight p. m. in each day as the public schools of the city or dis
trict where such boy resides are not in session, but at no other time.
All such badges issued in the same calendar year shall be of the same
color; but in either form, design, or color shall be so different from
the badges issued to boys who comply with the educational require
ments above mentioned as to be readily distinguishable therefrom.
Such badges shall be renewed annually upon the first of January, and
their color shall be changed each year upon renewal.
Any child who shall engage in any such street occupation in viola
tion of any of the provisions of this section shall be deemed delinquent
and shall be brought before any court or magistrate having jurisdiction
over juvenile delinquents, and shall be dealt with according to law.
The labor inspectors, truant officers, police officers^ and juvenile court
probation officers shall enforce the provisions of this section. Whoever
furnishes or sells to any minor any article of any description with the
knowledge that said minor intends to sell said article in violation of the
provisions of this section, or who shall continue to furnish or sell arti
cles of any description to a minor after having received written notice
from any officer charged with the enforcement of this section, or from
the officer issuing the badge required as aforesaid, that said minor is
unlicensed to sell such article, shall be punished by a fine of not less
than fifteen dollars nor more than one hundred dollars for each offense.
16. Whoever employs or suffers or permits a child under sixteen years
of age to work, and any parent, guardian or any adult person under
whose care or control a child under such age is, who suffers or permits
such child to work, in violation of any of the provisions of this act,
shall be punished for the first offense by a fine of not less than fifteen
dollars nor more than fifty dollars; for a second offense by a fine of not
less than fifteen dollars nor more than one hundred dollars, or by impris
onment for not more than thirty days, or by both such fine and im
prisonment; for a third or any subsequent offense by a fine of not eless
than two hundred dollars, or by imprisonment for not less than thirty
days, or by both such fine and imprisonment. Whoever continues to
employ any child in violation of any of the provisions of this act after
having been notified thereof in writing by a truant officer, a labor
Street trades
Nightwork.
Violations.
Penalties.
38
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
inspector or other authorized officer, shall, for every day thereafter
that such employment continues, be fined not less than five nor more
than twenty dollars. A failure to produce to a truant officer or labor
inspector any employment certificate or list required by this act shall
be prima f aca[ie] evidence of the illegal employment of any person whose
employment certificate is not produced, or whose name is not so listed.
Any corporation or employer retaining employment certificates in
violation of section numbered 2 of this act shall be fined ten dollars.
Every person authorized to sign the certificates prescribed by the
sections of this act numbered 2, 8 and 4, who knowingly certified to any
false statement therein, shall be fined not more than fifty dollars nor
less than ten dollars.
Any person, firm or corporation who hinders or delays any labor
inspector, truant officer or any other officer charged with the enforce
ment of any of the provisions of this act, in the performance of his or
her duties, shall be punished by a fine of not less than fifteen nor more
than one hundred dollars. Every fine imposed under this law shall
inure to the benefit of the public schools in the city, county, town or
district in which the violation may have occurred; and the court
imposing such fine shall promptly cause same to be paid over to the
proper school authorities entitled to receive other moneys accruing to
said schools.
O utstanding
17. Employment certificates issued and outstanding at the time this
certificates.
a ct goes into effect shall continue jto be valid and effective as to all
employments not absolutely prohibited by this act to children between
fourteen and sixteen years of age.
Provisions sevSec. 3. If any section of this bill shall be held to be unconstitutional
erabie.
i n whole or in part, the fact shall not affect any other section of the act,
it being the intention of the general assembly in enacting this bill to
enact each section separately.
Approved March 21, 1914.
Ch a p t e r
73.—Compensation of workmen for injuries.1
W orkm en ’ s
S ection 1. A board of commissioners is hereby created to be known
boar<£enSatl° n as “ The Workmen’s Compensation Board” to administer the funds for
the compensation of injured workmen, and the dependents of killed
workmen, as herein provided. Said board shall consist of three mem
bers, who shall be the attorney general, the commissioner of insurance,
and the commissioner of agriculture, labor and statistics of the Com
monwealth of Kentucky, who shall receive seventy-five dollars each
per month, payable out of the compensation fund.
Office, etc.
Sec. 2. The board shall keep and maintain in its main office in the
city of Frankfort, Kentucky, and shall provide suitable rooms, neces
sary office furniture, supplies, books, periodicals, and maps for the
same. All necessary expenses shall be audited and paid out of the
workmen’s compensation fund created under this act. It shall pro
vide itself with a seal for the authentication of its orders, awards and
proceedings, on which shall be inserted the words: “ Workmen’s Com
pensation Board, State of Kentucky, Official Seal.,, The board may
hold sessions at any place within the State. Said board shall have the
power to sue and be sued.
Organization.
Sec. 3. The board shall elect one of its members president, and mem
bers shall receive the amount named in section one for their services.
Their actual and necessary traveling expenses in the discharge of their
duties shall be itemized and approved by the board, and certified by
the auditor of public accounts, and shall be paid as now paid to other
State officials. The board shall elect a secretary, who shall hold his
office at the pleasure of the board and who shall receive for his services
an annual salary not to exceed twenty-five hundred ($2,500) dollars,
to be paid out of the workmen’s compensation fund created under this
act.
Employees.
Sec . 4. The board may employ actuaries, accountants, inspectors,
examiners, experts, clerks, physicians, stenographers and other assist1 Declared unconstitutional Dec. 11, 1914.
men’s Compensation Board, 170 S. W., 1116.
Kentucky State Journal Co. v. Work
39
LABOR LEGISLATION OF 1914---- KENTUCKY.
ants, and fix their compensation. Such employment and compensation
shall be first approved by the governor, and shall be paid out of the
workmen’s compensation fund created under this act. The secretary,
actuaries, accountants, inspectors, examiners, experts, clerks, physi
cians, stenographers and other assistants that may be employed shall be
entitled to receive from the workmen’s compensation fund created under
this act their actual and necessary expenses while traveling on the
business of the board, and the members of the board may confer with,
and meet with, officers of other States and officers of the United States
on matters pertaining to their official duties. Such expenses shall be
itemized and sworn to by the person who incurred the expense, and
allowed by said board.
Sec. 5. The said board shall meet every Monday for the transaction of
all business, and when necessary, the secretary shall call said board to
gether to consider and transact such business as may be before it. All
proceedings of the board shall be shown on its records of proceedings
which shall be a public record and shall contain a record of each case
considered and the award made, with respect thereto, and all voting
shall be had by the calling of each member’s name by the secretary,
and each vote shall be recorded as cast.
Sec. 6. A majority of the board shall constitute a quorum for the trans
action of business and vacancies shallnot impair the right of the re
maining members to exercise all the powers or the full board, so long
as a majority remains. Any investigation, inquiry or hearing which
the board is authorized to hold or undertake, may be held or undertaken
by or before any one member of the board. All investigations,
inquiries, hearings and decisions of the board, and every order made
by a member thereof, when approved by a majority of the members
and so shown on the record of its proceedings, shall be deemed to be the
order of the board.
Sec. 7. The board shall adopt reasonable and proper rules to govern
its procedure, regulate and provide for the kind and character of
notice and the service thereof, in case of accident and injury to
employees, the nature and extent of proof and evidence and the
methods of taking and furnishing same, to establish the rights to bene
fits or compensation from the fund hereinafter provided for, the form of
application of those claiming to be entitled to benefits or compensation
therefrom; the methods of making physical examinations and inspec
tions and prescribe the time within which adjudications and awards
shall be made.
Sec. 8. Each member of the board, the secretary and every inspector
or examiner appointed by the board, shall, for the purpose contemplated
by this act, have power to administer oaths, certify to official acts, take
depositions, issue subpoenas and compel the attendance of witnesses and
the production of pertinent books, accounts, papers, records, documents
and testimony.
Sec. 9. In the case of failure or refusal of any person to comply with
the order of the commission or subpoena issued by it or one of its inspectors or examiners, or on the refusal of a witness to testify to any
matter regarding which he may be lawfully interrogated, or refuse to
permit an inspection, as aforesaid, the circuit judge of the county in
which the person resides, on application of any member of the commis
sion or any inspector or examiner appointed by it, shall compel obedi
ence by attachment proceedings as for contempt, as in the case of dis
obedience of the requirements of a subpoena issued from such court or a
refusal to testify therein.
Sec. 10. Each officer who serves a subpoena shall receive the same
fees as a sheriff, and each witness who appears in obedience to a sub
poena before a commission or inspector or examiner, or before the board,
shall receive, for his attendance the fees and mileage provided for wit
nesses in civil cases in circuit court, which shall be audited and paid
from the workmen’s compensation fund, in the same manner as other
expenses are audited and paid upon the presentation of proper vouch
ers approved by any two members of the commission. No witness sub
poenaed at the instance of a party other than the commission or an
inspector shall be entitled to compensation from the workmen’s com
pensation fund, unless the commission shall certify that his testimony
was material to the matter investigated.
Meetings.
Quorum.
Investigations.
Rules.
Powers.
Refusal to tes-
y*
Fees,
40
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
S e c . 11. In an investigation, the commission may cause depositions
of witnesses residing within or without the State to be taken in the
manner prescribed by law for like depositions to be used in the circuit
court.
Records as eviSec. 12. A transcribed copy of the evidence and proceedings or any
dence*
specific part thereof, on any investigation, taken by a stenographer
appointed by the commission, being certified and sworn to by said
stenographer to be a true and correct transcript of tli9 testimony in the
investigation, or of a particular witness, or of a specific part thereof, or
to be a correct transcript of the proceedings had on said investigation,
so purporting to be taken and subscribed, may be received in evidence
by the commission with the same effect as if such stenographer were
present and testified to the fact certified. A copy of such transcript
shall be furnished on demand to any party on payment of the fee there
for, as provided for transcripts in the circuit court.
Forms.
S e c . 13. The board shall prepare and furnish, free of charge, blank
forms and provide in its rules for their distribution, so that the same
may be readily available, of applications for benefits for compensation
from the workmen’s compensation fund, notice to employers, proofs of
injury or death, or medical attention, of employment and wage earnings,
and such other blanks as may be deemed proper and advisable and it
shall be the duty of employers to constantly keep on hand a sufficient
supply of such blanks.
Scope of law.
S ec . 14. All persons, firms and corporations, regularly employing six
or more persons for profit for the purpose of carrying on any form of
industry hereinafter mentioned, in the State of Kentucky, are employ
ers within the meaning of this act, and are subject to .its provisions. All
persons in the service of employers, as herein defined, and employed by
them for the purpose of carrying on the industries hereinafter mentioned,
in which they are engaged (persons casually employed excepted), are
employees within the meaning of this act and subject to the provisions
thereof: Provided, That this act shall not apply to employers of employ
ees in domestic or agricultural service, to employees of any employer
who are employed wholly without the State, nor shall a member of a firm
of employers or any officer of a corporation employer be deemed an
employee within the meaning of this act.
Classes of inS ec . 15. The industries which are subject to this act are classified as
dnstries.
follows:
(1) Coal mines, including their tipples, power, light, heating and
ventilating plants, tramways, private tracks and sidings and accessory
and auxiliary plants, working m or with by-products.
(2) Paint manufactories, oil refineries, oil and gas wells, including
their pipe lines, storage, power or light plants, tramways, private tracks
and sidings, and accessory and auxiliary plants working in or with
by-products.
(3) Iron and steel mills, including blast furnaces, smelters, tube
works, rolling mills, and their accessory and auxiliary plants, working
or with by-products, and plants generating power, light, or heat, and
tramways, private tracks and sidings.
(4) Sheet and tin plate mills, including their accessory and auxiliary
plants, working or with by-products, and plants generating power, light
or heat, and tramways, private tracks or sidings.
(5) Foundries, machine shops, firearm factories, tool factories, car
. building and repairing, structural iron works, and working or with iron
or steel not otherwise specified, when power driven machinery is used,
together with their necessary and auxiliary plants working in or with
by-products, and plants generating power, light or heat, and tramways,
private tracks and sidings.
(6) Stamped metal works, can factories, enamel iron works, and
workings in or with sheet iron or tin plates, not otherwise specified
where power driven machinery is used, together with their accessory and
auxiliary plants working in or with by-products, and plants generating
power, light, or heat, and tramways, private tracks, and sidings.
(7) Logging—Logging railroads and tramways, sawmills, including
their accessory and auxiliary plants working or with by-products, and
plants generating power, light or heat, and tramways, private tracks
and sidings.
Depositions.
LABOR LEGISLATION OF 1914---- KENTUCKY.
(8) Planing mills, wood pulp, cordage and paper mills, box factories,
cooperage plants, furniture factories, woodenware or wood fiber ware
manufactories, vehicle works of every kind, including their accessory
and auxiliary plants working or with by-products, and plants generat
ing power, light or heat, and tramways, private tracks and sidings.
(9) Glass houses of all kinds, including manufactories of tableware,
bar goods, bottles, tumblers, glass light fixtures, parts, lamps, window
and plate glass, potteries of all kinds including tile, brick, terra cotta,
fire clay, earthenware, porcelain, china, crockeiy ware, using automatic
machinery together with accessory and auxiliary plants working or
with by-products, and plants generating light or heat, and tramways,
private tracks and sidings.
(9a) Glass houses of all kinds, including manufactures of tableware,
bar goods, bottles, tumblers, gaslight fixture parts, lamps, window and
plate glass, potteries of all kinds, including tile, brick, terra cotta, fire
clay, earthenware, porcelain, china and crockery ware, not using auto
matic machinery, together with accessory and auxiliary plants working
in or with by-products, and plants generating power, light or heat, and
tramways? private tracks and sidings.
(10) Printing plants of all kinds, electrotyping, photo engraving, en
graving, lithographing, embossing, bookbinding, and accessory and
auxiliary lines of work and manufacture.
(11) Woolen mills; knitting mills, cotton mills, carpet and rug mills,
clothing manufactories of every kind and working in or with textiles not
otherwise specified.
(12) Breweries, bottling works, canneries of fruit, vegetables, oils,
fish, milk or meat, manufactories of preserves, jellies, ketchup, sauces,
relishes, pickles, flour and feed mills, bakeries, confectioneries, drug ana
extract manufactories, tobacco, cigar and stogie cigarette manufactories,
in which power driven machinery is used.
(13) Slaughter and packing houses, stockyards, soap, tallow, lard
and grease manufactories, tanneries, artificial ice, and refrigerating and
cold storage plants, creameries, and carbon-black factories, in which
power driven machinery is used.
(14) Steam laundries, dyeing and cleaning plants, stamping, em
bossing and working with leather, shoe and harness manufactories, mat
tresses and bedding factories, upholstering factories, manufactories of
rubber goods, and auxiliary and accessory lines of work and manufac
ture not otherwise specified.
(15) Steam and other railroads and transportation systems not
otherwise specified.
(16) Street and interurban railways, whether propelled by electricity
or other power.
(17) Telegraph and telephone plants and systems, electric light and
power plants and systems, steam heat and power plants and systems,
waterworks systems, gas works and systems, grain elevators and all
lighting, heating or power systems not otherwise specified.
(18) Quarries, stone crushers, gravel pits, mines, other than coal
mines, and working with asphalt, cement, stone or other building ma
terial not otherwise specified[,] power propelled ferries, sand diggers
and other water craft.
(19) Such works, occupations and manufactories specified in the
foregoing eighteen classifications as are operated without power driven
machinery.
(20) Match factories, powder mills, fireworks factories, and works
in which articles of an explosive nature are mixed or manufactured.
(21) Constructing of tunnels, shafts, bridges, trestles, steeples, towers,
grain elevators, tanks, water towers, windmills, subaquocous [subaque
ous] works, iron or steel frame structure, or parts of structures, blast
furnaces, smokestacks, cupolas or chimney more than fifty feet high,
waterworks and systems, electric lights and power plants and systems,
gas works systems, installation of Bteam boilers, engines and dynamos,
steam railroads, logging railroads, street railways and systems, boat
building with scaffolds, floating docks, engineering works, structural
work on buildings over three stories in height, not otherwise specified,
and drilling of wells.
42
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(22)
Construction and installation of sewers, fire escapes, freight or
passenger elevators, advertising signs, ornamental work on or in build
ings, metal ceilings, plate or window glass, electrical wiring, stairways,
buildings which require galvanized iron or tin work, marble, stone
or brick work, roof work, slate work, plumbing work, carpenter work,
electric work, installing automatic sprinklers, electric or fire alarm sys
tems, heating or ventilating systems, or machinery not otherwise speci
fied, covering steam pipes and boilers, road and street making, street or
other grading and structural work not otherwise specified.
R eclassifica(23) Such work or occupations not specified in tne foregoing classitionfications in connection with which employer and employees shall volun
tarily apply to the commission for the benefit and protection of this
act. And the board shall have the power, on or before the first day of
January and July of each year, to reclassify the industries subject to
this act, or to create additional classifications in accordance with their
respective degrees of hazard and determine the risk or [of] different
classes and fix the rates or premiums for each class, according to the
risk of same, sufficiently large to provide an adequate fund for the
compensation provided for in this act and to create a surplus sufficiently
large to guarantee a workmen’s compensation fund from year to year:
Provided, That the rate so fixed shall not exceed the maximum of one
dollar and twenty-five cents on each one hundred dollars of the gross
annual pay roll of each employer in any class for the first year after this
act takes effect, but the board may increase the rate if deemed necessary
on the first day of July or January in any year. But in determining the
rate of premium the board shall consider the length of time during which
payment to employers [employees] or dependents under the act may be
paid: And provided, That employees engaged in the same industry shall
be placed m the same class. The premium required to be paid by em
ployers shall be based on the gross annual pay roll of each employer in
any class. The classification so determined and the rates of premium
established, shall be applicable for such year; or portion thereof: And
provided further, That [for] the purpose of this act, the pay of any
employee employed partly within and partly without the State shall
be deemed to be such proportion of the total pay of said employee at [as]
his service within this State bears to his service outside the State.
Duty of emSec. 16. Each employer shall furnish the board, upon request all the
ployers.
information required by it to carry out the purpose of this act. The
board or any member thereof, or any person employed by the board for
that purpose shall have the right to examine under oath, any employer
or officer, agent or employee thereof.
Rates.
Notice to be
given.
Sec. 17. Within thirty days from the organization of the board, every
employer subject to this act, shall notify the commission of such fact.
The board shall prepare blank reports for the use of and furnish same
to employers subject to this act, and every employer receiving from the
commission any blank, or blanks, with directions for filling out and re
turning same, shall return the same filled out, so as to answer fully
and correctly all pertinent questions there propounded, and if unable
to do so, shall give good and sufficient reason for such failure. Answers
to such questions shall be verified under oath, and returned to the com
mission within the period fixed by the commission for such return.
Information to
S e c . 18. Every employer shall furnish the board, upon request, all
be furnished.
information required by it to carry out the purposes of this act. In the
month of January of each year, every employer subject to the act shall
prepare and mail to the board at its main office in the city of Frank
fort, Kentucky, a statement containing the following information,
viz: The number of employees employed during the preceding year
from January 1st to December 31st, inclusive; the number of such
employees employed at each kind of employment and the aggregate
amount of wages paid to such employees, which information shall be
furnished on a blank or blanks to be furnished by the board and it shall
be the duty of the board to furnish such blanks to employers free of
charge, upon request therefor. Every employer receiving from the
board any blanks with directions to fill out same shall cause the same
to be properly filled out so as to answer fully aud correctly all pertinent
questions therein propounded and to give all the information therein
sought, or if unable to do so, he shall give to the board, in writing, good
43
LABOR LEGISLATION OF 1914---- KENTUCKY.
and sufficient reasons for such failure. Any employer who shall fail or
refuse to furnish to the board the annual statement herein required, or
who shall fail or refuse to furnish such other pertinent information as
may be required by the board, as provided by this section, shall be
liable to a penalty of not exceeding^ five hundred dollars to be col
lected in a civil action brought against said employer in the name
of the State. All such penalties, when collected, shall be paid into the
workmen’s compensation fund and become a part thereof.
Sec. 19. The information contained in the annual report provided for In form a tion
in the preceding section, and such other information as may be fur- confidential*
nished to the board by employers, in pursuance of the provisions of
any section hereof, shall be for the exclusive use and information of said
board in the discharge of its official duties, and shall not be open to the
public; nor be used in any court in the section [action] or proceeding,
but the information contained in said report may be tabulated and pub
lished by the department in statistical form for the use and information
of other State departments and the public. Any person who shall di
vulge any information secured by him while a member of the board or
an employee thereof in respect to the transactions, property or business
of any company, firm, corporation, person, association or copartner
ship, to any person other than the members of the board, shall be fined
not less than one hundred dollars nor more than five hundred dollars,
and shall thereafter be disqualified from holding any appointment or
employment with the board.
Sec. 20. The commission shall establish a workmen’s compensation
fund from the premiums paid thereto by the employers based on the
pay rolls of such employers that have paid the premiums applicable to
the class to which they belong, and for the benefit of the dependents of
such employees, and shall adopt rules and regulations with respect in
[to] the collection, maintenance and disbursement of said fund, not in
conflict with the provisions of this act.
Sec. 21. The board shall keep an accurate account of the money paid
state fund,
Accounts,
in premiums by each of the several classes of occupations or industries
ana the disbursements on account of injuries and deaths of employees
thereof and the disbursements for salaries and expenses, and it shall
also keep an account of the money received from each individual em
ployer, and the amount disbursed from the workmen’s compensation
fund on account of injuries and death of the employees of such employ
ers should any money remain to the credit of any class, at the end of any
year, after disbursements on account of deaths of and injuries to em
ployers [employees] of that class during such year, such remainder not
exceeding ten per cent of the money paid into said fund on account of
such class shall be set aside for the creation of a surplus, until the surplus Surplus,
shall be sufficiently large to guarantee a workmen’s compensation fund
for such class. But claims for the benefits under this act shall always
have priority over the surplus fund.
Sec. 22. On the first day of July, 1915, and semiannually thereafter, R e a d j u s t a readjustment of the rates shall be made for each of the several classes ments*
of occupation or industry, which in the judgment of the board, have
developed an average loss ratio in accordance with the experience of
the board in the administration of law, as shown by the accounts kept,
as provided herein.
Sec. 23. The treasurer of the State shall be the custodian of the Custodian of
workmen’s compensation fund, and all disbursements therefrom shall
be paid by him upon vouchers furnished by the workmen’s com
pensation board, and signed by any two members of the board, or such
vouchers may bear the facsimile signature of the board members
printed thereon and the signature of the secretary of said board.
Sec. 24. The State treasurer shall give a separate and additional Special bond,
bond, in such amount as may be fixed by the governor with sureties to
be approved by him conditioned on the faithful performance of his
duties as custodian of the workmen’s compensation fund.
Sec. 25. The State treasurer is hereby authorized to deposit any Deposits,
portion of the workmen’s compensation fund, not needed for immediate
use, in the same manner and subject to all provisions of law with respect
to the deposit of State funds by such treasurer, and all interest earned
by such portion of the workmen’s compensation fund as may be de
44
BULLETIN OP THE BUREAU OF LABOB STATISTICS.
posited by said treasurer, in pursuance of authority herein given, shall
be collected by him and placed to the credit of such fund.
Investments.
S ec . 26. The workmen’s compensation board shall have the power
to invest any surplus or reserve belonging to the workmen’s compen
sation fund, in bonds of the United States, State of Kentucky, or of any
county, city, school district or taxing district of the State of Kentucky,
at current market prices for such bonds: Provided, That such purchase
be authorized by a resolution adopted by the board and approved by
the governor.
P a y m e n t of
S ec. 27. Every employer subject to this act who shall elect to pay
premiums.
into said workmen’s compensation fund and receive the benefit of this
act shall, on or before the 1st day of January, 1915, and monthly there
after in advance, and on or before the 10th day of each month, beginning
March 10th, 1915, pay into the said workmen’s compensation fund the
amount of premiums so paid by each employer to be determined by the
classification, rules and rates made and prepared by the board, and a
receipt or certificate, certifying that such payment has been made, shall
immediately be mailed to such employer by the workmen’s compensa
tion board, "which receipt or certificate, attested by the seal of the
board shall be prima facie evidence of the payment of such premium.
Initial pay- S ec . 28. In order to create a fund available on the application of this
ment*
act as aforesaid on the first day of January, 1915, the payments for the
months of January, February and March, 1915, inclusive, shall be made
on or before the first day of January, 1915, and be preliminary [prelimi
narily] based upon the pay roll of the operations of any three months
between July, 1914, and January, 1915, to be selected by the said board.
If any employer be found to have overpaid for such three months, he may
deduct such overpayment from the first monthly payment made to the
fund. If any employer be found to have underpaid for such three months,
he shall pay the deficiency made by him after the end of said three
months. Every employer electing to pay into said workmen’s compen
sation fund after January 1,1915, shall pay into said fund three months
in advance the amount of premium to be based preliminarily upon such
employers’ pay roll for the three months preceding the application; any
overpayment to be credited on his first monthly payment after the
expiration of said three months and any underpayment to be made
up by him upon his first monthly payment as hereinbefore provided
with respect to employers who elect to pay into said fund on or before
January 1st, 1915; and the board shall make proper rules and regulations
to carry this provision into effect and for cases where the employer has
had no pay roll preceding his application.
Contracts
S ec . 29. It shall be lawful for any employee subject to this act, inof employees.
cluding persons under twenty-one years of age, to contract with any
employer subject to this act who elects to pay the premiums herein pro
vided to be paid into said workmen’s compensation fund, to accept the
compensation provided to be paid to injured employees and the de
pendents of those killed, and to accept the benefits conferred on em
ployees by this act, in lieu of any cause of action which he might have,
if injured, or that his representative might have if he was thereafter
killed through the negligence of such employer, or the negligence of his
agents, servants, officers or employees, and to waive all causes of action
against such employer conferred by the constitution or statutes of this
State or by the common law for his injury or death, occurring through
the negligence of the employer or his agents and such contract shall be
binding upon the employer and upon the employee and upon his heirs,
personal representatives and all persons claiming under or through
him.
Presumption.
Sec. 30. Such a contract between an employee and his employer
shall be conclusively presumed to have been made in every case where
an employer has elected to pay into the workmen’s compensation fund,
if said employee shall continue to work for said employer thereafter,
with notice that the employer has elected to pay into said fund and the
posting of printed or typewritten notices in conspicuous places about
the employer’s place of business at the time of the elections of such
employer to pay into the workmen’s compensation fund that he has
elected to pay into said workmen’s compensation fund shall constitute
sufficient notice to all such employer’s employees then or thereafter
LABOR LEGISLATION OF 1914— KENTUCKY.
45
employed of the fact that he has made such an election, and the con
tinuance in the service of such employers shall be deemed a waiver by
the employee of his rights of action, as aforesaid. Except as provided
in section 32.
S ec . 31. Any employer subject to this act, electing to pay into the .Remedy excluworkmen’s compensation fund, the premiums provided for by this act, sive*
shall not be liable to respond in damages at common law or by statute
for the injury or death or loss of service of any employee occurring
through the negligence of such employer, or his agent, servants, officers,
or employees, during any period of time in which such employer shall
not be in default in the payment of such premiums: Provided, That
the injured employee has remained in his service after notice is posted
as provided in section 31, that his employer has elected to pay into
the workmen’s compensation fund the premiums provided by this act.
The continuance in the service of such employer or accepting service
after such notice shall have been posted, shall be deemed a waiver by
the employee of his rights of action, as aforesaid. Except as in sec
tion 32.
S ec . 32. Any employee prior to receiving an injury may give notice E m p l o y e e s'
to an employer who has elected to pay into said fund, that he will not waivers‘
accept the benefits of this act and waive his rights of action as herein
provided. Such notice shall be in writing and served on the employer
as provided by the Civil Code for the service of notices, and a copy
thereof shall be mailed by the employee to the workmen’s compensa
tion board. If thereafter such employee shall be injured or killed
while employed by such employer who has elected to pay into the
said workmen’s compensation fund, and an action shall be instituted
against such employer to recover damages for the injury or death of
such employee, it shall be sufficient defense thereto and shall bar Defenses,
recovery if the injury of said employee was caused by or contributed
to by the negligence of any other employee of said employer, or if the
injury was due to any of the ordinary hazards, or risks of the employ
ment, or if due to any defect in the tools, machinery, appliances,
instrumentality or place of work, if the defect was known or could
have been discovered by the injured employee by the exercise of ordi
nary care on his part, or was not known or could not have been discov
ered by the employer by the exercise of ordinary care in time to have
prevented the injury nor in any event, if the negligence of the injured
employee contributed to such injuries. But nothing herein shall
deprive such employer of any defense not herein mentioned. If the
employer is not in default in payment of premiums and a recovery
shall be obtained against him in such action, the said board shall pay Payments by
on said judgment not exceeding a sum equal to the amount which the board,
said injured employee or his dependents in case of death, would have
been entitled to recover if he had elected to accept the benefit of this
act, and the employer shall receive credit on said payment for the
payment made by the board. Such employees [employee] at any Rescission of
time, after he has elected not to accept the benefits of this act and waiver,
waive his right of action, as in this act provided, may withdraw such
election and come under the provisions of this act and accept its bene
fits and waive his right of action as herein provided, by giving written
notice to his employer and to the board; and shall thereafter occupy
the same position as if he had originally elected to accept the benefits
of this act and waive his cause of action: Provided, That such with
drawal of his election not to accept the benefits of this act shall not
affect claims for damages against his employer on account of injuries
theretofore received; nor entitle such injured employee to be paid
anything out of the workmen’s compensation fund on account of such
prior injury.
Sec. 33. The commission shall disburse the workmen’s compensation
fund to such employees within the meaning of this act of employers as
have paid into such fund the premiums for the period in which the
injury occurs [occurred], applicable to the class to which they belong
that shall have received injuries in this State in the course of and result
ing from their employment, or to the dependents, if any, of such em
ployees, in case of his death, according to the provisions hereinafter
made.
Disbursements,
46
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
S e c . 34. All employers subject to this act who shall clcct not to pay
into the workmen’s compensation fund the premiums provided by this
act, or having elected to pay shall be in default in the payment of
same shall be liable to their employees within the meaning of this act,
for damages by reason of personal* injuries sustained in the course of
employment caused by the wrongful act, neglect or default of the
employer, or any of the employer’s officers, agents or employers [em
ployees], and also to the personal representatives of such employee and
in any action by any such employee or personal representative thereof,
Defenses abro- such defendant shail not avail himself of the following defenses: The
gate
defense of the fellow servant; the defense of the assumption of risk, or
the defense of contributory negligence.
Medical, etc.,
S ec . 35 . The commission shall disburse and pay from the fund in addiexpenses.
tion to any such amounts as they may be entitled thereto under this
act, such amounts for medical, nurse and hospital services and medi
cine as it may deem proper, not, however, in any case to exceed the
sum of one hundred dollars in addition to such awards to such em
ployees; payment to be made to the employer to the persons who may
have furnished the services and supplies or to the persons who may
have advanced payment for the same, as the commission shall deem
proper: Provided, That in case any injured employee be entitled,
under the contract connected with his employment, or otherwise, to
hospital or medical services without further charge to him, no pay
ment shall be made out of the workmen’s compensation fund for hospi• tal or medical services.
What injuries
S ec . 36. Notwithstanding anything hereinbefore or hereafter connot compensated. ^ai ne(^ no employee or dependent ot any employee shall be entitled
to receive any sum from the workmen’s compensation fund on ac
count of any injury to or death of an employee caused by a self-inflicted
injury, willful misconduct or intoxication of such employee. If injury
or death results to an employee through the deliberate intention of his
employer to produce such injury or death, the employee, the widow,
widower, children or dependents of the employee shall have the privi
lege to take under this act, or in lieu thereof, to have a cause of action
against the employer as if this act had not been enacted for such damages
as may be sustained by such employee, his personal representative or
dependent: Provided, That if a suit is brought under this section, the
right to participate in said workmen’s compensation fund on account
of such injury, shall be waived and void as to all persons, and if a claim
is made for compensation from said workmen’s compensation fund, all
rights to sue the employer for damages for such injury shall be waived
and void.
Funeral ex- S e c . 37. In case death ensues from the injury received reasonable
funeral expenses, not to exceed seventy-five dollars shall be paid from
the fund to the personal representative, to the employee^ or to such
other person as shall have advanced the same, in addition to such
award to the employee’s dependents.
•Employers liable, when.
Waiting time.
Sec. 38. No benefit shall be allowed for one week after injury is re
ceived, except the disbursements provided for in section 35.
S ec . 39. In case of temporary total disability the employee shall receive fitty per cent of his average weekly wages, so long as such disa
bility is total, not to exceed a maximum of twelve dollars a week, and
not less than a minimum of five dollars a week, unless the employee’s
weekly wages shall be less than five dollars a week, in which event he
shall receive compensation equal to his full wages, but in no case to
continue for more than six years from the date of the injury, or to ex
ceed three thousand, seven hundred and fifty dollars.
Partial disabilS ec. 40. In case of injury resulting in partial disability the employee
lty*
shall receive fifty per cent of the impairment of his earning capacity
during the continuance thereof, not to exceed a maximum of twelve
dollars a week or an aggregate sum of more than three thousand seven
hundred and fifty dollars. In cases including the following schedule,
the disability in each case shall be deemed to continue for the period
specified, and the compensation so paid for such injury shall be as
specified herein, to wit:
Schedule.
For the loss of a thumb, fifty per cent of the average weekly wages
Temporary toability.
during sixty weeks.
LABOR LEGISLATION OF 1914---- KENTUCKY.
For the loss of a first finger, commonly called the index finger, fifty
per cent of the average weekly wages during thirty-five weeks.
For the^ loss of a second finger, fifty per cent of the average wages
during thirty weeks.
For the loss of a fourth finger, commonly known as the little finger,
fifty per cent of the average weekly wages during fifteen weeks.
The loss of the second, or distal phalange, or [of] the thumb, shall be
considered to be equal to the loss of one-half of such thumb; the loss of
more than one-half of such thumb shall be considered to be equal to
the loss of the whole thumb.
^The loss of the third, or distal phalange, of any finger shall be con
sidered to be equal to the loss of one-third of such finger.
The loss of the middle, or second phalange, of any finger shall be
considered to be equal to the loss of two-thirds of such finger.
The loss of more than the middle and distal phalanges of any finger
shall be considered to be equal to the loss of the whole finger: Provided,
however, That in no case will the amount received for more than one
finger exceed the amount provided in this schedule for the loss of a
hand.
For the loss of a metacarpal bone (bone of palm) for the correspond
ence [corresponding] thumb, finger, or fingers above, add ten weeks to
the number of weeks as above.
For ankylosis (total stiffness of) or contractures (due to sears or
injuries) which makes the fingers more than useless, the same number
of weeks apply to such finger or fingers (not thumb) as given above.
For the loss of a hand fifty per cent of the average weekly wages
during one hundred and fifty weeks.
For the loss of an arm, fifty per cent of the average weekly wages
during two hundred weeks.
For the loss of one of the toes, other than the great toe, fifty per cent
of the average weekly wages during ten weeks.
For the loss of the great toe, fifty per cent of the average weekly
wages during thirty weeks.
The loss of more than two-thirds of any toe shall be considered equal
to the loss of the whole toe.
The loss of less than two-thirds, of any toe shall be considered equal
to the loss of one-half toe.
For the loss of a foot, fifty per cent of the average weekly wages
during one hundred and twenty-five weeks.
For the loss of a leg, fifty per cent of the average weekly wages
during two hundred weeks.
For the loss of an eye, fifty per cent of the average weekly wages
during one hundred weeks.
The amounts specified in this clause are all subject to the limitations
as to the maximum weekly amount payable as hereinbefore specified
in this action [section].
For the loss of a third finger, fifty per cent of average weekly wages
during twenty weeks.
S e c . 41. In case of permanent total disability the award shall be fifty Permanent
per cent of the average weekly wages and shall continue until the death -1disability
of such persons so totally disabled, but not to exceed a maximum of
twelve dollars per week and not less than a minimum of five dol
lars per week, at the time of the injury, in which event he shall receive
compensation in an amount equal to his average weekly wages. The
loss of both hands or both arms, or both feet or both legs, or both
eyes, or any two thereof, shall prima facie substitute [constitute] total
and permanent disability, to be compensated according to the pro
visions of this section.
S e c . 42. In case the injury causes death within the period of two Death.
years the benefits shall be in the amount and to the persons following:
S u b s e c . 1. If there are no dependents the disbursements from the
workmen’s compensation fund shall be limited to the expense pro
vided. for in sections 35 and 37. And the said board shall have the
sole right of action to recover from an employer who has elected to pay
into said fund who is not in default in the payment of premiums for the
death of an employee leaving no dependent caused by negligence of
such employer or his employees or agents.
48
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Sub s e c .2. If there are wholly dependent persons at the time of
death, the payment shall be fifty per cent of the average weekly wages
and to continue for the remainder of the period between the date of
death and six years after the date of the injury and not to exceed the
maximum of three thousand seven hundred and fifty dollars nor less
than the minimum of one thousand five hundred dollars.
Sub s e c .3. If there are partly dependent persons at the time of
death, the payment shall be fifty per cent of the average weekly wages
and to continue for all or such portion of the period of six years after the
date of injury as the board m such case may determine, and not to
amount to more than a maximum of three thousand seven hundred and
fifty dollars.
Dependents.
S u b s e c . 4. The following persons shall be presumed to be wholly
dependent for support on a deceased employee: (a) A wife upon a hus
band with whom she lives at the time of his death; (b) A child or
children under the age of sixteen years (or over sixteen years, physi
cally or mentally incapacitated from earning) upon the parent with
whom she is living at the time of the death of such parent. In all other
cases the question of dependency in whole or in part shall be deter
mined in accordance with the facts in each particular case of such em
ployee but no persons shall be considered as a dependent unless a mem
ber of the family of the deceased employee, or bears to him the relation
of widower or widow, lineal descendants, ancestor or brother or sister.
The word “ child ” as used in this act, shall include a posthumous child,
and a child legally adopted prior to the injury.
Payments.
S e c . 43. The benefits in case of death shall be paid to such one or more
of the dependents of the deceased for the benefit of all the dependents
as may be determined by the board, which may apportion the benefits
among the dependents in such manner as it may deem just and equita
ble. Payment to a dependent subsequent in right may be made, if the
board deems it proper, and shall operate to discharge all other claims
therefor. The dependent or person to whom benefits are paid, shall
apply the same to the use of the several beneficiaries thereof, accord
ing to their respective claims upon the decedent for support in com
pliance with the finding and direction of the board.
In all cases of death where the dependents are a widow and one or
more minor children, it shall be sufficient for the widow to make appli
cation to the board on behalf of herself and minor children and in cases
where all the dependents are minors, the application shall be made by the
guardian of such minor dependent or dependents. The persons and
classes of persons by this act specified shall be deemed to be the sole
dependents of such employees and no other person, or class of persons
shall receive any benefit from the fund hereby credited. And should
any employee leave surviving him no such dependent, the amount that
would be due and payable to his dependents, had any survived him,
shall be paid, or credited to the workmen’s compensation fund, to the
credit of the class to which such employee belonged.
Basis of bene- S e c . 44. The average weekly wages of the injured person at the time
fltsof the injury, shall be taken as the basis upon which to compute benefits.
Negligence
employer.
of
Sec. 45. Whenever the board shall find that an employee has been injured without fault on his part while in the course of his employment,
through the negligence of the employer in the failure to discharge a
nondelegable duty, the board may require such employer to pay an
additional premium into said workmen’s compensation fund equal to
an amount not exceeding ten per cent of the sum awarded by the board
to such injured employee or his dependents. Said premium shall be paid
within thirty days after the order is made. Before making an order t;o
pay such additional premium the board shall give ten days’ notice in
writing, to the employer, to show cause against the order.
Failure to com- S e c .
statutesth safety ceived
46. Whenever the board shall find that an employee has rean injury in the course of his employment, through the fault of
his employer in failing to comply with any statute for the protection of
employees, the board shall fix a day on wmch the employer may appear
before the board and show any cause he may have against said finding,
or against the board awarding the additional sum herein provided, ten
days’ notice in writing shall be given the employer of the time and
place of said hearing. If no sufficient cause is shown by the employer
49
LABOR LEGISLATION OF 1914— KENTUCKY.
against the finding of the board, it shall enter an order to that effect
and the employer shall, within ninety days, pay into and for the benefit
of the workmen’s compensation fund a sum to be fixed by the board
in its order not to exceed an amount equal to twenty-five per cent of
the amount awarded to the said injured employee, or his dependents,
under sections 39 to 42 of this act, said payment shall be made by
the employer in a lump sum.
Sec. 47. In case any minor employee who is illegally employed shall Minors illegally
be injured or killed, in the course of his employment, ms statutory employed'
guardian or his representative, if the infant is killed, may claim comensation under the terms of this act or sue as though this act had not
een passed. In the event claim is made for the injury or death of such
infant or compensation from the said workmen’s compensation fund,
the board shall in addition to the sum awarded and payable from the
workmen’s compensation fund award an equal amount against the
employer of said infant not to exceed the sum of two thousand dol
lars. The amount awarded against him shall be paid, by the board
to the said infant or to his guardian or representative if the infant is
killed in installments, or in a lump sum as the board may determine
as provided for the payment of awards from the said workmen’s com
pensation fund. Before any order is made requiring an employer to
pay any sum to the guardian or the representative of such infant,
under this section of the claim, to compensation under this section,
notice of the time and place of the hearing of said claim by the board,
shall be given to the employer and the employer shall have the right to
be heard and to introduce evidence on the question of his liability:
Provided, That a claim made to compensation from said workmen’s
compensation fund by the guardian of the infant or his personal rep
resentative, if the infant is killed, shall be a waiver and bar of all
rights of action on account of said injury to said infant, and the insti
tution of an action by the guardian or representative of the infant, shall
be a waiver of the right to compensation from said workmen’s compen
sation fund.
E
Sec. 48. Should a further accident occur to an employee receiving
Second injuries.
eriodical payments under this act, for a temporary disability, or who
as been previously the recipient of a lump sum payment under this
act, his future compensation shall be adjusted according to the other
provisions of this act with reference to the combined effect of his in
juries and his past receipt of money, under this act.
E
S e c. 49. The powers and jurisdiction of the board, over each and
every case shall be continuing, and it may from time [to time] make
such modifications or changes with respect to former findings or orders
with respect thereto, as [in] its opinion, may be justified.
Sec. 50. The board, under special circumstances and when the same
Reviews,
Lump sum
is deemed advisable, may commute periodical benefits to one or more payments’
lump sum payments.
Sec. 51. Compensation before payment shall be exempt from all Payments ex
claims of creditors and from any attachments, executions or lien, and emPtshall be paid only to such persons as shall be entitled to take under this
act, and any assignment of such claims shall be void.
Sec. 52. The board shall have full power and authority to hear and D e c i s i o n s
determine all questions within its jurisdiction and its decision thereon by board*
shall be final: Provided, however, In case the final action of such board
denies the right of the claimant to participate at all in such fund on
the ground that the accident did not arise in the course of employ
ment, or upon any other ground going to the basis of the complain
ant’s right, then the claimant, within thirty days after notice of the
final action of the board, may file a petition against the board in the
circuit court of the county^ wherein the^injury was inflicted, asserting
his rights therein, to participate in said fund. In such action, the Appeals.
Commonwealth’s attorney and the county attorney, in the circuit
court, and the attorney general in the court of appeals, if the case
is appealed, shall represent the workmen’s compensation board. Said
action shall proceed as ordinary actions in the circuit court, and if the
court shall find and adjudge that the plaintiff is entitled to participate
in said fund, the board shall fix his compensation within the limits and
73734°— Bull. 166— 15------- £
50
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
under the rules prescribed in this act. Such action shall have the same
precedence on the trial dockets of the circuit court and the court of
appeals, as election contest cases now have.
Procedure.
S ec . 53. The workmen’s compensation board shall not be bound by
the usual common law or statutory rules of evidence or by any technical
or formal rules of procedure other than as herein provided; but may
make the investigation in such manner as in its judgment is best cal
culated to ascertain the substantial rights of the parties and to carry
out justly the spirit of this act.
Minors legally
S ec . 54. A minor legally employed shall be deemed sui juris for the
employed.
purpose of this act, and no other person shall have any cause of action
or right to compensation for an injury to such minor workmen or loss
of service on account thereof, but in the event of the award of a lump
sum of compensation to such minor employee, such sum shall be paid
only to the legally appointed guardian of such minor.
Waivers.
Sec . 55. No agreement by an employee to waive his rights to compen
sation under this act shall be valid. No agreement by an employee to
pay any portion of the premium paid by his employer into the work
men’s compensation fund shall be valid, and any employer who deducts
any portion of such premium from the wages or salary of any employee
entitled to the benefits of this act shall be guilty of a misdemeanor
and upon conviction thereof, shall be fined not more than one hundred
dollars for each such offense.
Medical examiS ec . 56. Any employee claiming the right to receive compensation
nations.
under this act may be required by the board of [or] its chief medical ex
aminer, to submit himself for medical examination at any time and from
time to time at a place reasonably convenient for such employee, and as
may be provided by the rules of the board. If such employee refuse
to submit to any such examination or obstruct the same, his right to
have his claim for compensation considered, if his claim be pending
before the board, or to receive any payments for compensation thereto
fore granted, shall be suspended during the period of such refusal or
obstruction.
E m p lo y e r s’
S e c . 57. All books, records, and pay rolls of the employers of the State,
records.
showing or reflecting in any way upon the amount of wage expenditure
of such employers, shall always be open for inspection by the board of
[or] any of its traveling auditors, inspectors, or assistants, for the purpose
of ascertaining the correctness of the wage expenditure, the number of
men employed, and such other pertinent information as may be neces
sary for the uses and purposes of the board in its administration of
the law. Refusal on the part of any employer to submit his books,
records and pay rolls for the inspection of any member of the board or
traveling auditor, inspector or such assistant presenting written author
ity from the board, shall subject such employer to a penalty of one
hundred dollars for each offense, to be collected by civil action in the
name of the State and paid into the workmen’s compensation fund to
become a part thereof.
Fraud.
S e c . 58. Any employer who fraudulently misrepresents to the board
the amount of pay roll upon which the premium under this act is
based, shall be liable to the State in ten times the amount of the dif
ference in premium paid and the amount the employer should have
paid. The liability of the board [employer] under this section shall be
enforced in a civil action by the board and all sums collected under
this section shall be paid into the workmen’s compensation fund.
Railroads, etc.
S e c . 59. The provisions of this act shall apply to employers and their
employees engaged in intrastate and also in interstate and foreign
commerce for whom a rule or liability 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 the intrastate work
may and shall be clearly separable and distinguishable from interstate
or foreign commerce, and then only when such employer and any of his
workmen working only in this State, with the approval of the board and
as far as not forbidden by any act of Congress, voluntarily accept the pro
visions of this act by filing written acceptances, which, when filed with
and approved by the board, shall subject the acceptors irrevocably to
the provisions of this act to all intents and purposes and [as] if they had
been originally included in its terms, during the period or periods for
51
LABOR LEGISLATION OF 1914---- KENTUCKY.
which the premiums herein provided have been paid. Payment of
premiums shall be on the basis of the pay roll of the workmen who
accept, as aforesaid.
Sec. 60. Every employer shall keep a record of all injuries, fatal or . Reports of inotherwise, received by his employees in the course of their employment. Juries*
Within a week after the occurrence of an accident resulting in personal
injury, a report thereof shall be made in writing to the workmen’s
compensation board upon blanks to be procured from the board for
that purpose. Such report shall contain the name and nature of the
business of the employer, the location of his establishment or place of
work, the name, address and occupation of the injured employee, and
shall state the time, the nature and cause of injury and such other
pertinent information as may be required by the board. Any employer
who refuses or neglects to make any report required by this section,
shall be punished by a fine of not more than five hundred dollars
for each offense. An injured employee, if he is able so to do, and
the attending physician, whether the injury results in the death of
such employee or not, and within one week from the time of such injury
or death, shall give written notice to the employer and the board of Notice by emsuch injury, stating the nature and extent thereof, the time and place p yees*
of its occurrence, the name, address, and occupation of such injured
employee, and the names and addresses of the person[s] present at the time
of the injury, so far as such names and addresses are known, or can
be obtained. Any employees or physician failing or refusing to make Physicians,
report as by this section required, shall be punished by a fine not
exceeding twenty-five dollars. And the board may in its discre
tion, if such injured employee, or his dependents are subsequently
found to be entitled to any payments out of the compensation fund,
deduct any amount, not exceeding said sum of twenty-five dollars
from the benefits payable hereunder, or from the amount that
might otherwise be paid to said attending physician, should such
physician fail to make such report.
Sec. 61. Upon the request of the board, the attorney general, or Legal represenunder his direction, the county commonwealth attorney of any tatlon*
county, shall institute and prosecute the necessary actions or proceed
ings for the enforcement of any of the provisions of this act, or for the
recovery of any money due the workmen’s compensation fund, or any
penalty herein provided for, arising within the county in which he
was elected and shall defend in like manner all suits, actions or pro
ceedings brought against the board or the members thereof in their
official capacity.
Sec. 62. All judgments contained [obtained] in any action prosecuted by the board under the authority of this act, shall have the same
Judgments pre-
*
reference against the assets of the employer as it [is] now or may be
ereafter allowed by law on judgments rendered for claims for taxes.
S ec . 63. If any employer shall default in any payment required to be Employers’ de
made by him to the workmen’s compensation fund, the amount due faults*
by him shall be collected by civil action against him in the name of
the board as plaintiff. Such actions may be brought either in the
Franklin Circuit Court or in the circuit court in the county in which
the defendant resides or has his principal place of business.
Sec. 64. Annually on or before the 15th day of December such Reports,
board shall make a report to the governor for the preceding fiscal year,
which shall include a statement of the number of awards made by it,
a general statement of the cause of accident leading to the injuries for
which the awards were made and detailed statement of the disburse
ments from the expense fund and the condition of its respective funds,
together with any other information which the board deems proper
to call to the attention of the governor, including any recommendations
it may have to make, and it shall be the duty of the board from time
to time to publish and distribute among employers and employees
such general information as to the business transacted by the depart
ment as in its judgment may be useful.
Sec. 65. The board shall cause to be printed in proper form for dis- Publications,
tribution to the public, its classifications, rates, regulations and rules
of procedure, and shall furnish the same to any person upon application
therefor, and the fact that such classifications, rates, rules, regulations
P
52
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
and rules of procedure are printed ready for distribution to all who
may apply for same, shall be sufficient publication of the same, as
required by this act.
Non a p p 1i- Sec. 66. If any employer shall be adjudged to be outside the lawful
tyofact.
gC0pe 0f this act, the act shall not apply to him or his employees; or
if the employee shall be adjudicated to be outside the lawful scope of
this act, because of the remoteness of his work from the hazard of his
employer’s work, such adjudication shall not impair the validity of this
act in other respects, and every such case as [an] accounting, according
with the justice of the case, shall be had of the moneys received. If
the provisions of this act for the creation of the fund or the provision
of the act authorizing employees to waive causes of action against
employers for injuries received in the course of their employment and
making the compensation to the employees and their beneficiaries pro
vided m this act exclusive of any other remedy on the part of the em
ployee, shall be held invalid, the entire act shall thereby be invalidated
and an accounting according to the justice of the case shall be had of
Severable pro- money received. In other respects an adjudication of the validity of
vlslonsany part of this act shall not affect the validity of this act as a wnole
or any part thereof.
Different risk
S ec . 67. If a single establishment or works comprises several occuciasses.
pations listed in section 15 in different risk classes the premium shall
be computed according to the pay roll of each occupation if the occu
pations are clearly separable; otherwise an average rate of premium
shall be charged for the entire establishment taking into consideration
the number of employees and the relative hazards of the employees
in the several occupations.
L iab i l it y
S ec . 68. If the employee of an employer who has elected to accept
of third persons.
provisions of this act, is injured by the negligence or wrong of
another person not in the same employment [as] the injured employee, or
if death resulted from the injury, his dependents, as the case may be,
shall elect whether to take under act or seek a remedy against such
other persons, such election to be in advance of instituting any suit; and,
if he take under this act, the cause of action against such other person
shall be and is hereby assigned to the board for the benefit of the com
pensation fund; if the other choice is^ made, the compensation fund
shall contribute only the deficiency, if any, between the amount of
recovery against such third person actually collected and the amount
of compensation provided by this act for such case.
If such injury is due to the joint negligence of his employer and any
other person not in the same employment, and the injured employee,
or in case of death resulting from the injury, his dependents as the
case may be shall have elected to take compensation under this act,
the causes of action against the other joint tort feasor shall be and is
hereby assigned to the board for the benefit of the compensation fund.
Compromises.
Any cause of action, so assigned to the board, may be prosecuted or
compromised, in the discretion of the board. Any compromise by the
injured employee or his dependent, in the case of death, of any such
suit, which would leave a deficiency to be made good out of the com
pensation fund, shall be made only with the written approval of the
board.
P e n d i n g acS ec . 69. This act shall not affect any section [action] pending or
tloias'
cause of action existing on the 31st day of December, 1914.
Proof of emS ec . 70. Notwithstanding anything in this act, any employer filing
ployer’ssolvency. notiCe with the workmen’s compensation board, of his intention so to
do, and upon furnishing satisfactory proof to said board of his
solvency and financial ability to pay the compensation and benefits
hereinbefore provided, may make said payments direct to his employees
as they may be entitled to receive same under the terms and conditions
of this act, and any employer electing to administer the compensation
fund direct to his employees shall have the benefit of all the provisions
of this act as though saia fund were paid into and administered by said
board.
Insurance.
S e c . 71. Nothing in this act shall prevent any employer carrying his
own risk from insuring his liability in any liability company authorized
to do business in this State, provided the amounts to be paid are not less
than that provided in this act.
Nonseverable
provisions.
53
LABOR LEGISLATION OF 1914---- KENTUCKY.
Sec. 72. In case any employer carrying his own risk can not agree Settlement of
with an employee on the payments as provided for in this act, such disputes.
employee shall have the right to submit his claim in writing within
sixty days to the workmen’s compensation board, and it shall be
the duty of the board to delegate one of its members to investigate
said claim and endeavor under the provisions of this act to reach a
satisfactory settlement of the claim. In event the final action of the
members of the board denies the right of the claimant to participate
in the fund as provided in section 52, then the claimant may proceed
as provided in section 52, and compensation, if awarded the claimant,
shall be fixed as provided in section 52, and in the event the employer Appeals.
feels that the award should not have been granted, he shall have the
right of appeal to the circuit court and from the circuit court as in
other cases.
Sec. 73. The application of this act, as between employers and Act in effect.
employee, shall date from and include the first day of January, 1915.
S e c . 74. Every employer subject to this act who shall on or before Notice of nonNovember 1, 1914, elect not to pay into said workmen’s compensation acceptance.
fund and receive the benefits, hereof, shall on or before the first day
of November, 1914, so notify the board in writing, and any such em
ployer not so notifying the board shall on or before January 1st, 1915,
pay into the fund, the premiums as provided in section 27, hereof.
Employers who elect to accept the benefits hereof, and pay into said
workmen’s compensation fund, may at the time fixed for making any
such payments, withdraw from the benefits hereof, and thereafter be
relieved from further payments, but notice of such withdrawal shall be
served on the board and posted by written or printed notices in at least
three conspicuous places about his plant. Such employer, may, how
ever, at any time thereafter again elect to come under the provisions
hereof by making payment of premium and posting notices as originally
required. If any employees of an employer not entitled to the benefits
hereof, or the dependents of such employee in case of his death, shall
make application to the board for benefits hereunder, it shall be the
duty of the board to at once notify such employee, or his dependents
of the fact that such employer is not entitled to the benefits of this act.
Sec. 75. Applications for benefits, hereunder, shall be made by the Claims in one
injured employee or his dependents, within one year from the time of year.
the injury, and if not so made within said time, shall thereafter be
barred and not allowed by the board.
Members of the workmen’s compensation board shall be considered
as officers, and shall take the oath prescribed by the constitution and
laws of Kentucky, and shall give bond for the faithful performance of
their duties, which bond shall be approved by the governor and kept
on file in the office of the secretary of state, and any action on said
bonds for breach thereof, shall be instituted by special counsel employed
by the governor and shall be in the name of the Commonwealth.
Approved March 21st, 1914.
Ch a p t e r
Oath.
79.—Mine regulations.
A rticle
I.
S ection 1. The office of inspector of mines, which has for its pur Department of
pose the supervision and enforcement of the laws pertaining to the mines.
inspection of mines and the protection of mine property and other prop
erty used in connection therewith, is hereby designated as the “ De
partment of mines, ’ ’ and the title of the official provided for by existing
law as “ Inspector of mines” shall be “ Chief inspector of mines.”
Said chief inspector shall have full charge of said department. He
shall superintend and direct the inspection of mines as herein provided,
and he shall investigate the character and quality of air in coal mines
when conditions indicate the necessity for so doing, collect statistics
relating to coal mining in this State each year and make report of same,
see that maps and plans of the mines are made and filed in his office
according to the provisions of this act, keep a record of all inspections
made by himself and by the assistant inspectors, which shall be a per
manent record properly indexed, and perform all other duties elsewhere
Chief inspector.
54
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
in this act assigned to him. The chief inspector shall receive an annual
salary of eighteen hundred ($1,800) dollars, payable monthly, and he
shall likewise be allowed and paid his necessary traveling and other
expenses incurred on account of and when engaged in the discharge of
his official duties.
Districts.
The chief inspector shall have authority to divide the coal fields of
the State, from time to time, into such number of inspection districts as
may be necessary to accord with the number of assistant inspectors, in
such manner as to equalize, as nearly as practicable, the work of each
assistant inspector, and to assign each assistant inspector to his appro
priate district. Whenever the chief inspector may deem it necessary,
m the interest of efficient supervision of the mines, to temporarily em
ploy the services of two or more assistant inspectors at the same time in
one and the same district, or whenever he may deem it desirable in the
interest of efficient inspection to temporarily change assistant inspectors
from one district to another, he shall have authority to do so.
He shall furnish a certified copy of the report of inspection of any
mine inspected by himself or by an assistant inspector to the Common
wealth’s attorney of the district in which the mine is situated on appli
cation therefor, or at any time when he may deem it proper so to do,
which copy shall be admissible in evidence in any court in this Com
monwealth, and shall be prima facie evidence of the truth of the recitals
therein contained.
Annual reports.
He shall prepare and file his annual report for printing within six
months, and as much earlier as the final collection and compilation of
statistics may permit, after the close of the calendar year; and in order
that the statistical information given in the report may be reason
ably comprehensive, in addition to the statistics now by law re~
quired to be reported monthly to the office of the chief inspector, each
operator of a coal mine shall, at the close of the year, upon blanks to be
furnished by the chief inspector furnish to said chief inspector a confi
dential report showing (a) the proportion of his output of coal for the
calendar year that was sold for consumption locally as distinct from that
which was shipped from the mine; (b) the amount of coal produced
that was consumed at the mine for the production of steam, ventilation
and other purposes; (c) the tonnage used^in the production of coke in
ovens controlled by the operator in the vicinity of the mine; and (d) the
proportion of his tonnage that was mined by machine. All such in
formation relating to the details of disposition or use of the output shall
be held strictly confidential by the chief inspector as regards individual
operations and published only in aggregate form under each appro
priate heading indicated by the letters “ a,” “ b,” and “ c,” herein, for
the respective districts in which the companies, firms, and individuals
reporting are operating; but nothing in this section shall be construed
as prohibiting continuation of the publication of the total amount of
coal produced by each operator, in the manner heretofore followed.
Assistant inS e c . 2. Each assistant inspector of mines shall report in writing
spectors.
monthly to the chief inspector the number and condition of all mines
inspected by him each month, and he shall deliver to the operator or
superintendent of each mine inspected a statement in writing showing
the inspection of such mine, and the condition thereof as found upon
such inspection. He shall also, within sixty days after the close of each
calendar year, file with the chief inspector of mines a report of Ms pro
ceedings during said calendar year and giving such information con
cerning the mines and mining conditions in his district as may be ap
propriate and required by [the] chief inspector. He shall visit each mine
in his district at least once every four months, or oftener, if practicable
to do so, and make a personal examination of the interior of each mine,
as well as the outside of the mine where any danger to the workmen
may exist. And he shall at all times in all things^ pertaining to the
duties of his office be subject to the orders of the chief inspector.
Each assistant inspector shall receive an annual salary of fifteen hun
dred dollars, payable monthly and shall likewise be allowed and paid
his necessary traveling and other expenses on account of and when
engaged in the discharge of his official duties.
Certificates.
Before any person shall be appointed to the office of assistant in
spector of mines, he shall be required to pass a satisfactory examination
LABOR LEGISLATION OF 1914---- K E N T U C K Y .
55
before the board of examiners hereinafter in this act provided for, and
shall be required to obtain from such board of examiners a certificate
duly signed by the members thereof certifying to the governor that the
said applicant possesses the qualifications by this act required.
S e c . 3. The chief inspector and assistant inspectors shall be provided Supplies,
with all necessary stationery and postage for the conduct of official cor
respondence as other State officers are supplied. The chief inspector
shall be supplied with all printed blank forms, notices and other
printed matter necessary for use in the performance of his official
duties, upon his requisition therefor through the superintendent of
public printing. There shall be provided for all inspectors such instru
ments, appliances, apparatus and chemical tests as are necessary for
the proper discharge of his official duties, which shall be paid for on the
order of the chief inspector approved by the governor, an3 which shall
belong to the State. The cost of repairs to such instruments and appa
ratus as may be necessary from time to time shall be paid for by the
inspector having such repairs made, and be included in his accounts of
expenses incurred on account of official duties and paid as they are paid.
S e c . 4. The chief inspector and each assistant inspector shall have inspections,
power to visit and inspect any mine to which this act applies. He
shall examine into the condition of such mine with respect to ventila
tion, drainage, timbering, and general security; and, if upon inspection,
he finds that such ventilation, drainage, or timbering as the health or
safety of the persons employed in the mine would require has not been
rovided, or should he find the mine insecure in any part, or should he
nd that sufficient and satisfactory means of ingress and egress have
not been provided, said chief inspector or assistant inspector shall at
once notify the operator and mine foreman of the mine, in writing, as
to the unsafe or unwholesome condition of such mine, and require the
mine to be put in safe and wholesome condition, and such mine shall
forthwith be rendered safe and healthful. For a failure to comply with Failure to comthe directions of the chief inspector or of the assistant inspector to ren- ply with ordersder such mine safe, and to provide such ventilation as is sought to be
secured by this law, and to provide safe and suitable means of ingress
and egress as in this act required, within twenty days from the date of
notification, the operator or mine foreman, as the case may be, shall be
liable to a fine of fifty dollars for each day such mine, if operated, shall
be suffered to remain in such unsafe and unhealthful condition after the
expiration of the twenty days above provided in which the required
improvements should be made, which fine majr be collected by war
rant issued by any court or officer of competent jurisdiction upon com
plaint made by the chief inspector or assistant inspector, or by indict
ment by the grand jury of the county in which such mine is situated;
but in cases in which the chief inspector or the assistant inspector, as
the case may be, is satisfied, from personal investigation, that, even
though due diligence be observed, the required improvements can not
be completed within the twenty days above provided he shall have
authority to extend the time for not more than forty days longer, accord
ing to his judgment as to the length of time that is required for the com
pletion of the improvements, proper diligence being observed; but
when the time is thus extended the operator or mine foreman, as the
case may be, who is delinquent, after the expiration of. the additional
time, shall be subject to fine as above provided; and as a cumulative
remedy in case of failure of any operator to conform to the provisions of
this law, after written notice from the assistant inspector or chief in
spector, within the time provided by this section, any circuit court, or
judge thereof in vacation, may, on application of the chief inspector,
by civil action in the name of the State, enjoin or restrain, by writ of
injunction, the operator from working or operating such mine with more
than five persons underground at one time until it is made to conform
with the provisions of this act; but before such writ of injunction shall
issue, the operator shall have at least three days’ notice of such con
templated action, and shall have the right to appear before such court,
or the judge thereof in vacation, to whom the application is made, who
shall hear the same on affidavits and such other testimony as may be
offered in support as well as in opposition thereto. It shall be the duty
E
56
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
of the Commonwealth’s attorney of the district, and of the county attor
ney of the county, in which the mine lies, to prepare and prosecute pro
ceedings upon said application.
A rticle
Definitions.
S ection 1. For the purposes of this act, the terms and definitions con
tained therein shall be as follows:
Mine.—In this act the term “ mine ” includes the shafts, slopes, drifts,
or inclined planes connected with excavations penetrating coal stratum
or strata, which excavations are ventilated by one general air current,
or division thereof, and connected by one general system of mine rail
roads over which coal may be delivered to one or more points outside
the mine.
The provisions of this act shall not apply to any mine employing less
than six persons inside the mine at one time.
Excavations and workings.—The term “ excavations and workings”
includes all the excavated portions of a mine, those abandoned as well
as the places actually being worked; also all underground workings
and shafts, slopes, tunnels and other openings in the course of being
sunk or driven, together with all roads, appliances, machinery, and
material connected with the same below the surface.
Shaft.—The term “ shaft” means a vertical opening through the
strata that is or may be used for the purpose of ventilation or drainage,
or for hoisting men or material, or both, in connection with the mining
of coal.
Slope.—The term “ slope” means an inclined opening used for the
same purpose as a shaft.
Drift.—The term “ drift” means an opening through the strata, on
which opening the grades are such as to permit the coal to be hauled
by mules or mechanical traction power, and which opening may be
used for the purpose of ventilation, drainage, ingress, egress, and other
purposes in connection with the mining of coal.
Operator.—The term “ operator” means any firm, corporation, or
individual operating any coal mine, or any part thereof.
Superintendent.—The term ‘ ‘ superintendent ” means the person
who shall have, on behalf of the operator, immediate supervision of one
or more mines.
Mine foreman.—The term “ mine foreman” means the person whom
the operator or superintendent shall place in charge of the workings of
the mine and of the persons employed therein. He is required to be
licensed or certificated, and is charged with the duty of preserving the
safety and health of the persons employed in and about the mine.
Fire boss.—The term “ fire boss” means any person whom the operator
or superintendent is required to employ in the event certain condi
tions with reference to explosive gas in this act defined are found to
exist in a mine. He is required to be licensed or certificated, and is
charged with the*duty of preserving the safety of the persons employed
in such mine.
Assistant inspector.—The term “ assistant inspector” means a person
commissioned by the governor to assist in the inspection and supervision
of the mines as herein prescribed.
Approved safety lamp.—The term “ approved safety lamp” shall
mean any bonneted safety lamp approved by the department of mines.
Gaseous mine.—A “ gaseous mine” is one in which the percentage of
explosive gas exceeds three-fourths of one per cent at the return of any
one split in a dusty mine, and exceeds one and three-fourths per cent
at the return of any one split in a nondusty mine.
A rticle
Ma p s
plans;.
and
II.
III.
S ection 1. The operator or superintendent of every coal mine in
this State to which this act applies shall annually, within sixty days
after the first day of January, make or cause to be made an accurate map
or plan of the workings of such mine, on a scale of not more than one
hundred feet to the inch, showing the area mined and the forms of the
excavations up to the said first day of January, together with the
LABOR LEGISLATION OF 1914---- KENTUCKY.
57
location and connection of the lines of all adjoining lands within one
thousand feet of said excavations, and the name or names of each
owner or owners, so far as known, marked on each tract; a true copy of
which map the said operator or superintendent shall deposit with the
chief inspector of mines within seventy days after said first day of Jan
uary, and another copy of which shall be kept at the office of such mine.
But after the making and filing with said chief inspector of the first
map of the mine, as required herein, the operator or superintendent
shall only be required to annually file with said chief inspector, within
the time herein specified, such additional map and statement as may
be necessary to truly show the progress of the workings, the amount
and forms of excavations of saia mine, and so much of the property
lines as may be within one thousand feet of said excavations as ex
tended, from the date of the preceding map or survey up to the first
day of January as provided herein. The chief inspector shall annually
on or before the first day of January, give warning notice that said map
is required.
If the operator or superintendent of any coal mine shall fail or neg- Failure to furlect to furnish to the chief inspector any copy of the map or extension msh*
thereof as provided in this article, the chief inspector is hereby author
ized to cause a correct survey and map or plan of said mine or the
extensions above indicated to be made at 1 \e expense of the owner,
lessee, or operator of such mine, the cost of vhich shall be recoverable
from said owner, lessee, or operator as other debts are recoverable by
law; and if at any time the chief inspector of mines shall have reason to
believe that such map or plan, or the extension thereof, furnished in
pursuance of this article is materially incorrect, 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 corrected, and the expense of
making such survey and map or plan or extension thereof under the
direction of said chief inspector shall be paid by the owner, lessee, or
operator of the mine, and the same may be collected as other debts are
recoverable by law; but if the map, plan, or extension as furnished by
the operator or superintendent shall be found to be correct, the ex
penses of said survey and drafting of map or plan shall be paid by the
State. The correctness of each map or plan provided for by this
article shall be certified by the person making such map or plan; and
the chief inspector may reject any map as incomplete, the accuracy
of which is not so attested. The chief inspector shall, upon the appli
cation of any owner, lessee, or operator therefor, make or cause to be
made a duplicate of any map on file in his office of any mine owned,
leased, or operated by the owner, lessee, or operator making such appli
cation, but the cost of making such duplicate shall be paid by the appli
cant therefor. In no case shall any copy of such map be made without
the consent of such owner, lessee, or operator. Proper and safe means
for preserving, filing, and cataloguing the mine maps received by the
chief inspector of mines, such as suitable envelopes or other filing
devices and index card files, shall be provided for the office of the
chief inspector, which shall be paid for upon the order of said inspector
when approved by the governor. After this act shall have gone into
effect, each operator of a coal mine, before making additional openings,
and each operator preparing to open a new mine shall furnish the
chief inspector and the assistant inspector for the district in which the
mine is located each a plan of the proposed openings and mine devel
opment.
S e c . 2. When any coal mine is worked out or is about to be aban- A b a n d o n e d
doned or indefinitely closed, the operator of the same shall make, or nunes*
cause to be made, a final survey of such mine, to show the entire workedout area at the time the mine was closed, and the results shall be duly
extended on the map of the mine previously made and a copy thereof
filed with the chief inspector of mines.
A rticle
IV.
S ection 1. It shall be the duty of every superintendent on behalf . Duties of superand at the expense of the operator, to keep on hand at or within con- e ent*
venient distance of each mine at all times a sufficient quantity of
all materials and supplies required to preserve the health and safety
58
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
of tlie employees, as ordered by the mine foreman and required by this
act. If for any reason the superintendent can not procure the necesMine supplies, sary materials or supplies as aforesaid, he shall at once notify the
mine foreman, whose duty it shall be to withdraw the men from the
mine, or the portion thereof operated, until such materials or supplies
are received. The superintendent shall, at least once every week,
read, and examine carefully, and countersign all reports entered in the
mine record book of the mine foreman.
C oop eration
Sec. 2. The superintendent shall cooperate with the mine foreman
mth mine fore- anc[ 0ther officials in the fulfillment of their duties as required by this
act, and he shall direct that the mine foreman and all other employees
under him comply with the law in all its provisions especially when
his attention is called by the assistant inspector or chief inspector to
any violations of the laws.
Rules, records,
Sec. 3. The superintendent shall keep on hand at the mine a supply
etc*
of the printed rules and notices and record books required by this act,
which record books shall be furnished through the assistant inspector
of the district, or through the chief inspector, on request of the super
intendent in writing. He shall see that said rules and notices and
record books are delivered to the proper persons at the mine, and that
they are properly cared for, and he shall also see that the rules and
notices art [are] posted in conspicuous places at or near the entrance to
the mine and kept in such condition that they will always be legible.
Notice to chief Sec. 4. The operator or superintendent of every mine shall, within
inspector.
thirty days thereafter, send to the chief inspector of mines notices
of the following occurrences:
First.—When a mine has been abandoned, or the working thereof
discontinued.
Second.—When any work has commenced for the purpose of opening
a new mine.
Third.—When the working of a mine is resumed after an abandon
ment or a discontinuance for a period exceeding two months.
Fourth.—When any change occurs in the name of a mine, or in the
name of the operator of a mine, under the provisions of this act.
Reports of acci- gEc. 5. The superintendent shall, once each month, on blank forms
dents.
provided by the chief inspector for that purpose report to the chief in
spector all fatal and serious accidents that have occurred in and about
the mine, giving age, nationality and occupation of the injured person,
cause of accident, and such other information as may be required by
the chief inspector. The occurrence of a fatal accident shall be reported
to the assistant inspector for the district at once, and to the coroner of
the county as soon as practicable.
Em ploym ent S ec . 6. The superintendent or operator shall employ a sufficient numof fire bosses.
j^er 0£ £ re b osseg or special examiners (when required by the assistant in
spector of the district in which such mine is located), in order that such
coal mine can be examined in accordance with the provisions of this act.
A rticle V.
Duties of mine S ection 1. In order to secure efficient management and proper venforemen.
tilation of the mines, to promote the health and safety of the persons em
ployed therein, and to protect and preserve the property connected
therewith, the operator or superintendent shall employ a competent and
practical mine foreman for every mine wherein fifteen or more persons
are employed. The mine foreman shall have charge of all the inside
workings and of the persons employed therein, in order that all the pro
visions of this act so far as they relate to his duties shall be complied with,
and the regulations prescribed for each class of workmen underpins
charge carried out in the strictest manner possible. In all gaseous mines
as defined in this act the mine foreman must possess a mine foreman’s
certificate of the first class.
When the mine workings become so extensive that the mine fore
man is unable personally to carry out the requirements of this act per
taining to his duties, the operator or superintendent shall employ a suf
ficient number of persons to act as assistants to the mine foreman, who
shall act under his instructions in carrying out the provisions of this act.
LABOB LEGISLATION OF 1914---- KENTUCKY.
59
In case of the temporary absence of the mine foreman for a period not
exceeding fifteen days, the operator or superintendent may, for the
time being, deputize the work of the mine foreman to an assistant mine
foreman, who shall perform all the duties of the mine foreman.
S e c . 2. The mine foreman shall devote the whole of his time to his As to ventiladuties when the mine is in operation, and shall keep careful watch over
’ etc*
the ventilating apparatus, the ventilation, airways, traveling ways,
timbering, and drainage, and shall see that all stoppings along airways
areproperly built.
He shall see that proper break-throughs are made in the pillars of all
rooms and of all entries; and that they are closed when necessary, so
that the ventilating current can be conducted in sufficient quantity
through the last break-through to within a proper distance as required
by this act of the face of each room and entry, by means of curtains,
brattices, check doors, or other safe stoppings. He shall not permit
any room or entry to be turned in advance of the ventilating current or
in advance of the last break-through in the entry, excepting room necks,
which may be turned by entrymen driving entries.
S e c . 3. The mine foreman shall measure the air current at least once A*r t° be measevery month at the inlet and outlet and at or near the faces of the ad- u
vanced heading's, and shall keep a record of such measurements in a
book to be furnished by the chief inspector of mines. An anemometer
shall be provided for this purpose by the operator of the mine.
S eq . 4. The mine foreman or assistant shall visit and examine Supply of timevery working place in the mine not less than twice each week while s*
the mine is in operation, and shall direct and see that every working
place is properly secured by props or timber, and shall see that no per
son is directed to work in an unsafe place unless it be for the purpose of
making it safe. He shall also see that the workmen are provided with
sufficient props, cap pieces, and timbers of suitable size, which shall be
delivered to the working place when ordered or selected by the work
man as specified in the mine rules in accordance with section five of
this article. He shall also see that props are cut or sawed as square as
practicable at both ends, and as near as practicable to the proper length
required or designated for the places where they; are to be used.
S e c . 5. Every workman in need of props, cap pieces and timbers shall Workmen to
notify the mine foreman or an assistant mine foreman, or any other per- g
son delegated by the mine foreman, of the fact at least one day in ad
vance, giving the number, size, and length of props, cap pieces, and
timbers required. In case of emergency, the timber may be ordered
immediately upon discovery of danger. If for any reason the necessary
timbers can not be supplied when required, the workmen shall vacate
the place until the timber needed is supplied.
The place and manner of selecting and ordering props, cap pieces,
and timbers shall be designated and specified in the mine rules.
S e c . 6. At shaft mines, the operator, superintendent or mine fore- Places of refuge,
man shall provide a refuge place or places for men coming out at the
close of the day’s work in such proximity to the bottom of the shaft, and
of such size, as shall be approved by the chief inspector of mines, or by
the assistant inspector for the district in which the mine is situated.
When leaving such refuge place or places to be hoisted out, the men
shall be governed by the rules of the mine. On single-track haulage
roads in mines, where haulage is done by machines, which roads the
persons employed in the mine must use while performing their work or
while traveling on foot to and from their work, there shall be places of
refuge on one side not less than three feet in depth from the side of the
mine car, and four feet wide, and not more than sixty feet apart. On
all haulage roads on which haulage is done by draft animals, whereon
men are obliged to be in the performance of their duties or when pass
ing on foot to and from their work, there shall be places of refuge not
less than thirty inches in depth from the side of the mine car, and four
feet wide, and not more than sixty feet apart: Provided, however, That
special refuge places shall not be required in haulways on which room
necks or break-throughs occur at regular intervals not exceeding sixty
feet, and thus furnish places of refuge, or on haulways in which the
track is so laid as to give a minimum clearance on one side of not less
than thirty inches from the top of any haulage engine or any mine car,
60
BULLETIN OF THE BUBEAU OF LABOR STATISTICS.
said clearance to be on the side of the haulway opposite that upon
which electric wires are strung, in event any such wires be strung in
the haulways. No person sliali travel 0 11 foot to or from his work upon
any slope used for haulage or upon any haulage road when other roads,
in jp r o p e r condition for travel are available.
In all mines in operation at the time this act goes into effect the op
erator or superintendent shall have an additional period of six months
in which to provide the refuge places required by this section.
Instructions to
Sec. 7. After this act goes into effect it shall be the duty of the mine
workmen.
foreman or any assistant mine foreman of every coal mine to see that
every person employed to work in such mine shall, before beginning
to work therein, be advised as to danger incident to working therein.
The mine foreman or assistant mine foreman shall give special care,
oversight and attention to the men drawing pillars.
Removal of gas.
S e c . 8. The mine foreman shall see that every mine generating ex
plosive gas is kept free of standing gas in all working places and road
ways. Any acc umulation of explosive gas or noxious gas in the workedout or abandoned portions of any mine shall be removed as soon as pos
sible after its discovery, if it is practicable to remove it. No person
who may be endangered by the presence of said explosive or noxious
gases shall be allowed in that portion of the mine except with safety
lamps until said gases have been removed or so diluted with fresh air
as to be rendered harmless. The mine foreman shall direct and see
that all dangerous places and the entrance or entrances to worked-out
and abandoned places in all mines are properly fenced off across the
openings so that no person can enter, and that danger signals are posted
upon said fencing to warn persons of the existing danger.
Bore holes.
Sec. 9. It shall be the duty of the operator, superintendent, or mine
foreman to have bore holes kept not less than twelve feet in advance of
the face, and, where necessary on the sides, if the working places that
are being driven are in dangerous proximity to an abandoned mine, or
part of mine suspected of containing inflammable gases, or which are
filled with water. If there be a map of such abandoned mine or part
of mine, said bore holes shall be started when the working places shall
have approached within fifty feet of such abandoned mine or part of
mine, but if there be no such map, then said bore holes shall be started
when the advancing working places are within one hundred feet of
where said abandoned workings are supposed to be.
Reports.
S ec . 10. The mine foreman shall each day enter and sign plainly in
ink or indelible pencil, in a book provided for that purpose, a report of
the condition of the mine, which report shall clearly state any danger
that may come under his observation during the day, or any danger
reported to him by his assistants or the fire bosses. The report shall
also state whether or not there is a proper supply of material on hand for
the safe working of the mine, and whether or not the requirements of
the law are complied with.
The mine foreman shall also, each day read carefully, and counter
sign with ink or indelible pencil, all reports entered into the record
book of the fire bosses.
Safety devices.
Sec. 11. The operator or superintendent shall direct and see that
safety blocks, or some other device, are constructed for the purpose of
preventing cars from falling into the shaft or slope, or running away on
slopes and inclined planes; and safety switches, drop logs, or other
devices, shall be used on all slopes and inclined planes; and the mine
foreman shall see that said safety blocks, safety switches, or other
devices are maintained in good working order.
Safety lamps.
S e c . 12. It shall be the duty of the operator, superintendent, or mine
foreman to see that locked safety lamps are used when and where
required by this act.
Reports of vio
S e c . 13. It shall be the duty of the mine foreman to report immedi
lations.
ately all violations of this act to the operator or superintendent, who
shall in turn report such violations to the assistant inspector for the
district in which the mine is situated.
Assistant fore
S ec . 14. When assistant mine foremen are employed, their duty
men.
shall be to assist the mine foreman in complying with the provisions
of this act. In the temporary absence of the mine foreman they
shall perform the duties of the mine foreman when deputized to do so
LABOR LEGISLATION OF 1914---- KENTUCKY.
61
in accordance with section one of this article, and shall then while
acting as mine foreman be liable to the same penalties as the mine foreman for any violation of this act.
Sec. 15. In a dry and dusty mine, the mine foreman shall direct and Sprinkling, etc.
see that the rooms and entries are moistened by water or other efficient
means as often as may be practicable in order to keep the dust in a
damp condition; and he shall direct and see that the dust is loaded and
taken out of the mine as often as practicable.
A rticle
VI.
S ection 1. In all gaseous mines as defined in this act the operator or Fire boss re
superintendent shall employ a fire boss or fire bosses, whose compe quired, when.
tency to act as such shall be evidenced by a certificate of qualification
from the board of examiners as provided in Article XVI of this act.
It shall be the duty of the fire boss to examine carefully, before each Duties.
shift enters the mine, every working place without exception, all
places adjacent to live workings, every roadway, every unfenced road
to abandoned workings and falls in the mine; but before proceeding
with the examination he shall see that the air current is traveling its
proper course. In making the examination he shall use no light other
than that inclosed in an approved safety lamp. The examination shall
begin within three hours prior to the appointed time for each shift to
enter the mine. The fire boss shall examine for all dangers in all por
tions of the mine under his charge, and after examination he shall leave
at the face of every place examined the date of the examination, as
evidence that he has performed his duty. He shall also examine the
entrance or entrances to all worked-out and abandoned portions adja
cent to the roadways and working places under his charge where explo
sive gas is likely to accumulate, and he shall place a danger signal across
the entrance to every working place and every other place where explo
sive gas is discovered or where immediate danger is found to exist from
any other cause, and said signal shall be sufficient warning for persons
not to enter.
Sec. 2. A suitable record book shall be kept at the mine office of Records.
every mine wherein fire bosses are employed, and immediately after
the examination of such mine or any portion thereof by a fire boss,
whose duty it is to make such examination, he shall enter in said book,
with ink or indelible pencil, a record of such examination, and sign the
same. This record shall show the time taken in making the examina
tion, and also clearly state the nature and location of any danger that
may have been discovered in any room or entry or other place in the
mine. If any danger or dangers has or have been discovered, the fire
bosses shall immediately report the location thereof to the mine fore
man, or in his absence to the assistant mine foreman in charge who in
turn shall report to the mine foreman. No person shall enter the mine
until the fire bosses return to the mine office, or to a station located in
the intake entry of the mine (where a record book as provided for in
this section shall be kept and signed by the person making the exam
ination), and report to the mine foreman or the assistant mine foreman,
by telephone or otherwise, that the mine is in safe condition for the men
to enter. When a station is located in any mine it shall be the duty of
the fire bosses to sign also the report entered in the record book in the
mine office on the surface. The record books of the fire bosses shall at
all times during working hours be accessible to the assistant inspector
of mines and the employees of the mine.
Sec. 3. The mine foreman and the fire boss shall, at or near the main Signal station.
entrance to the mine, provide a permanent station with a proper danger
signal, designated by suitable letters and colors placed thereon. In
every mine in whicn fire bosses are required to be employed by this
act, when the working portions are one mile or more from the entrance
to the mine or from the bottom of the shaft or slope, a station of suitable
dimensions may be erected by the mine foreman (provided the location
is approved by the assistant inspector for the district) for the use of the
fire bosses. It shall not be lawful for any person, except the mine fore
man, and in case of necessity such other persons as may be designated
by Mm, to pass beyond said station and danger signal until the mine
62
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
has been examined by a lire boss, as provided for in section one of this
article, and the mine or certain portions thereof reported by him to be
safe. The fire boss shall not allow any other person or persons to enter
or remain in any portion of the mine through which a dangerous accu
mulation of gas is being passed in the ventilating current from any por
tion of the mine. He shall report any violation of this section to the
mine foreman at once.
Passingstation.
Sec. 4. Any employee or other person, except those herein above
provided for, who passes any danger signal into the mine, or into any
portion of the mine, or removes such danger signal before the mine has
been examined and reported to be safe, or any employee or any other
person who passes by any danger signal placed at the entrance to a
working place, or any other place in the mine, or removes such danger
signal, without permission from the mine foreman, the assistant mine
foreman, or the fire boss, shall be deemed guilty of a misdemeanor, and
it shall be the duty of the mine foreman having knowledge of such vio
lation (whether obtained personally or otherwise) to notify the operator
or superintendent at once of such violation, who shall in turn notify
the assistant inspector for the district, in writing, and the assistant
inspector shall forthwith institute proceedings against such person or
persons, as provided for in section two of article twenty-one of this act.
Any mine foreman who fails to notify the operator or superintendent
forthwith of any violations of the provisions of this article that have
been reported to him, or that have come under his personal observa
tion, and any operator or superintendent who shall likewise fail to
notify the assistant inspector of any such violations, shall be deemed
guilty of a misdemeanor.
Negligence of
Sec. 5. Any fire boss who neglects to comply fully with the pro
fire d o s s .
visions of this article relating to his duties, or who shall make a false
report of the condition of any place in the portion of the mine allotted
to him for examination, shall be deemed guilty of a misdemeanor, and
shall be suspended by the mine foreman, and his name shall be given
to the assistant inspector of the district for prosecution. If he be
found guilty, he shall return his certificate of qualification as fire boss
to the department of mines: Provided, however, That he may again be
an applicant for a certificate as fire boss at any regular examination
after the expiration of six months, but if he be found guilty of a second
offense he shall return his certificate to the department, and can not
be an applicant for reexamination.
Mine foremen
Sec. 6. Nothing in this article shall prevent a mine foreman holding
may act.
a certificate of the first class from acting as fire boss, or a regularly
employed fire boss from acting in an emergency as a mine foreman
holding such first-class certificate.
Special exami-
ners*
S ec . 7. In any mine that is not a gaseous mine as defined in this act,
but in which explosive gas can be detected by means of a safety lamp
in some part or parts of the live workings or adjacent thereto, the
operator or superintendent shall employ a competent person or special
examiner whose duty shall be to make examination of such place or
places with an approved safety lamp for the purpose of detecting any
explosive standing gas therein. Such examination shall be made at a
suitable hour each day that the mine runs, before the workmen are
permitted to enter the mine or such section or sections thereof as re
quired examination, and should such explosive gas be discovered the
examiner shall make prompt report of its presence and location to the
mine foreman or assistant foreman, and no person shall enter or be
permitted to enter the place or places where said gas has been detected
until it shall have been removed or so diluted with fresh air as to be
harmless, except the mine foreman and such persons as he may select
to make the place or places safe, and they while engaged in such work
shall use no other light than that inclosed in an approved safety lamp.
The procedure to be followed by said special examiner or competent
person in making his examinations^ and the manner of reporting or
recording the results thereof shall be in accordance with the mine rules.
Nothing in this section shall be construed as prohibiting said special
examiner or competent person from performing such other duties as it
may be practicable for him to undertake: Provided, That such other
63
LABOR LEGISLATION OF 1914---- KENTUCKY.
duties shall (not) conflict or interfere with the performance of his duty
in making the examinations specified herein.
Before any person or special examiner shall be employed as above Qualifications,
provided, his competency for such duty must be approved and certified
to in writing by the assistant inspector of the district in which such
mine is situated, or by the chief inspector of mines.
A rticle
YII.
Section 1. It shall not be lawful for the operator, superintendent, Two exits reor mine foreman of any coal mine, whether worked by snaft, slope or qu
drift, wherein fifteen thousand square yards have been excavated, to
employ or to permit more than ten persons to work therein in any one
shift unless there are to every seam of coal worked in such mine at least
two separate outlets, separated by natural strata of not less than one
hundred feet in breadth if the mine be worked by shaft or slope, and
separated by natural strata of not less than fifty feet in breadth if the
mine be worked by drift— by which outlets distinct means of ingress
and egress are readily available to persons employed in such mines;
but it shall not be necessary for the two outlets to belong to the same
mine.
The foregoing requirements shall not apply to the openings of a new
entry of a mine that is being worked for the purpose of making connec
tion between said two outlets so long as not more than twenty persons
are employed at one tune in making the connection or driving the
second opening; nor shall said requirements apply to any mine in
which the second opening has been rendered unavailable by reason
of final robbing or removal of pillars so long as not more than twenty
persons are employed therein at one time.
In case any coal mine has but one shaft, slopf, or drift for ingress and
egress of the persons employed therein, and the owner thereof does not
own suitable ground for another opening, such owner may select
appropriate associate adjacent ground for that purpose and have the
same condemned and appropriate the same by proceedings in the
county court of the county where the mine is situated, similar to pro
ceedings now allowed for securing a private passway.
In every shaft used as an escape outlet there shall be provided a
stairway or ladderway of suitable strength, design, and angle, which
shall be provided with platforms or landings at each turn of the stair
way or ladderway, the whole to be subject to the approval of the assist
ant inspector for the district, or the chief inspector; or in lieu of such
stairway or ladderway there shall be provided a properly equipped
hoisting arrangement, consisting of a cage suitable for hoisting men[,] a
wire hoisting rope of ample strength and an adequate and safe hoisting
engine and drum, which hoisting arrangement shall be ready for use
at any time of emergency. When the escape and air shafts are com
bined the side or end used for an escape outlet and the part used for
ventilating purposes shall be separated by a good, substantial, air-tight
partition from top to bottom, so that the use of the escape shaft shall
not in any way interfere with the ventilation of the mine. All shafts
by which men enter or leave the mine, and the passageways to escape
outlets, shall be carefully examined by the mine foreman, or by a per
son designated by him, at least once each week that the mine may be
operating and the date and findings of such examination shall be
entered in a book kept at the mine for that purpose. No debris such
as falls of slate and similar material, which shall act as an obstruction
to the free passage of men, shall be allowed to accumulate in the pas
sageway to the escape outlet, nor shall bodies of water difficult to pass,
be allowed to accumulate there, nor shall the passageway be obstructed
by mine cars or timbers. If obstructions of any sort to the free passage
of men be found such obstructions shall be promptly removed. At
points where the passageway to the escape outlet is intersected by
roadways or entries calculated to produce doubt as to the proper direc
tion to the outlet conspicuous signboards shall be placed indicating
the direction it is necessary to take to reach the exit for escape.
Exemptions,
Securing
out-
Ladderways.
Hoists,
Inspection,
Sec. 2. N o operator or agent of any coal mine worked by shaft or Hoisting engislope shall place in charge of any engine, used for lowering into orneers*
64
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
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 designated 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 disLoad.
charge of his duties. 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. #
Sa f e t y pros EC. 3. At every mine operated by shaft, there shall be provided an
visions.
approved safety catch, and a sufficient and substantial cover overhead
on all cages used for lowering or hoisting person[s], and at the top of each
shaft a safety gate shall be provided. An adequate brake, so adjusted
that it may be operated by the engineer without leaving his post at the
levers, shall be attached to every drum or equivalent machine used
for the lowering or raising persons at all shafts or slopes, and an efficient
indicator or dial shall be used in connection with the hoisting engine
which will show the engineer the positions of the cages in the shaft at
any time; and approved means for signaling to the bottom man, the
top man, and engineer shall be provided; and all shafts used for lower
ing or hoisting men^shall be equipped with metal tubes, pipes, or tele
phones, through which conversations may be freely held between per
sons at the bottom and top landings. The hoisting rope, the safetycatches and the cage attachments shall be examined by the mine fore
man or some competent person designated by him every morning
before the men descend into the mine; and care shall be taken to keep
them in good working condition at all times. ^ All persons are prohibited
from riding on cages when coal or slate or similar material is being raised
and no person shall enter a cage at the bottom to be raised to the top
during the running hours of the mine, or when leaving work at the close
of the day’s rim, without first being authorized by the bottom man or
eager to do so, said bottom man or eager having first signaled to the
engineer that men are to be raised. At every underground landing
where persons enter or leave the cage and where persons must pass from
one side of the shaft to the other there shall be a passageway not
less than three feet wide and of suitable height, kept free from ob
struction and as dry as possible, aroimd the shaft; and all employees
when passing from one side of the shaft to the other side shall use such
passageway only. Whenever the hoisting or lowering of men occurs
before daylight or after dark, and when the landing at which men take
or leave the cage is obscured by steam or otherwise, there shall be
maintained at each landing a light sufficient to show the landing and
objects in immediate proximity thereto and as long as men are under
ground a good light shall be maintained at the bottom of the shaft, so
that persons coming to the bottom may discern the cage and the objects
in the vicinity thereof.
A rticle
VIII.
S ection 1. It shall be the duty of the operator or superintendent of
every coal mine to which this act applies to provide for such mine
artificial means of producing ventilation such as suction or forcing
fans, exhaust steam furnaces, or other contrivances, of such capacity
and power as to provide and produce an abundant supply of air. The
operator or superintendent of every such mine, whether slope, shaft,
or drift, shall provide and maintain for such mine an amount of venti
lation not less than one hundred cubic feet of air per minute per person
employed in such mine, which shall be circulated and distributed
throughout the mine in such manner as to dilute, render harmless, and
expel the poisonous and noxious gases from each and every working
place in the mine.
B r e a k - it shall be the duty of the mine foreman to see that no working place
t ug
is driven more than sixty feet in advance of a break-through or airway,
except with the consent of the assistant inspector for the district; and
that all break-throughs between entries, and when necessary between
rooms, except those last made near the working face, are closed up and
made air-tight, as far as practicable, by brattices, trapdoors, or other
wise, so that the currents of air in circulation in the mine may sweep
Ventilation.
LABOR LEGISLATION OF 1914---- KENTUCKY.
65
to the interior of the excavations where the persons employed in the
mine are at work; and where more than sixty persons are at work in the
same continuous current, the chief inspector and the assistant inspector
shall have authority to order that this ventilating current be so split
or subdivided as^to give a separate current for separate groups of men
at work in the mine whenever, in his judgment, conditions in any mine
render such splitting of the current necessary. The mine foreman
shall see that proper break-throughs are made in all pillars at such dis
tances apart as in the judgment of the assistant inspector for the dis
trict approved by the chief inspector, may be deemed requisite for
the purpose of ventilation, according to the thickness of the seam of
coal being worked, but in no case shall they be more than ninety feet
apart.
S e c . 2. Every ventilating fan at gaseous mines shall be kept in oper Fans.
ation continuously, day ana night, unless operations are definitely sus
pended.
S e c . 3. The mine foreman shall see that the water is drained out of Drainage.
the working places before the men enter, and that the working places
are kept as free from water as practicable during working hours; and
the owners, lessees, or operators of all mines to which this act applies
shall see that the water so drained from such mines shall be drained as
directly as practicable to the adjacent streams or watercourses by
means of ditches, flumes, pipes, sewers or other adequate provisions.
A rticle
IX.
S ection 1. At every coal mine to which this act applies the operator Safety lamps.
shall provide and keep in condition for use not less than two approved
safety lamps, and shall provide and keep as many more as may be re
quired in writing by the chief inspector of mines: Provided, however,
That upon the written recommendation of the assistant inspector for
the district in which the mine is situated, or if, in the judgment of the
chief inspector, it be proper to do so, any nongaseous mine may be
exempted from this provision by the chief inspector of mines.
Se c . 2. All gaseous mines as defined by this act shall be worked by Operator to furthe use of approved safety lamps provided with adequate locks orm
seals. The safety lamps used for examining any mine by an employee
thereat or which may be used for working therein shall be provided by
and be the property of the operator of the mine, and shall be in the
custody of the mine foreman, or fire boss, or some competent person or
persons designated by the mine foreman. Said person shall clean, fill, Lamp keepers,
trim, examine, and deliver said lamps, locked or sealed, and in safe con
dition to the men who may have to use them, when they enter the
mine. He shall also receive the lamps from the men when they leave
the mine. The persons to whom safety lamps are thus given shall be
responsible for the condition and proper use of the lamps while in their
possession and for their return to the custodian at the lamp station. No
safety lamp shall be given to any person for use in a mine until said
erson shall have given evidence, satisfactory to the mine foreman or
re boss, that he understands the proper use thereof and the danger of
tampering with the same. No person except one duly authorized by
the mine foreman shall have in his possession in any part of the mine
where locked or sealed safety lamps are used any matches or other
means of producing fire, nor shall he have any lamp key or other instru
ment usable for opening a locked safety lamp. Davy lamps shall not
be used for any purposes in mines except for testing. Electric lamps
that have been tested and approved by the Federal Bureau of Mines
may be used instead of safety lamps in which oil is used, except for
purposes of testing for explosive gas.
E
A rticle
X.
S ection 1. In all coal mines in this State in which as many as ten Shotfirers.
persons are usually employed at one time, wherein explosive gases are
known to generate or exist in dangerous quantities, or coal dust is
73734°— Bull. 166— 15-------5
66
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
known to accumulate or exist in dangerous quantities, tlie operator or
superintendent shall, when so ordered by the chief inspector of mines,
or by an assistant inspector of mines, when approved by the chief in
spector, employ and keep a sufficient number of practical and ex
perienced men to be known and designated as “ shot firers,” whose
duty shall be to charge, set off and discharge the shots in all blasting in
the workings of the said mines; but the miner who has drilled the shothole may prepare the cartridge for the shot and leave same, in a*safe
receptacle of a sort to be designated by the mine foreman within con
venient distance of the hole, for use by the shot firer in charging the
hole: Provided, however, That the shot firer shall exercise discretion,
care and judgment in the use of such cartridge. No shot firer shall
charge ana fire any shot which in his judgment, after due inspection,
has not been placed so as to insure a workmanlike and practical shot,
Notices to be S e c . 2. Said shot firers shall immediately after the completion of
posted.
their work, post a notice in a conspicuous place at the mines in which
shall be indicated the number of shots fired, also the number of shots
they did not fire, if any, specifying the number of the room and the
designation of the entry, and giving their reasons for not firing the
same. The operator or superintendent of said mines shall provide
reasonable and proper means for posting said notice. Said shot firers
shall also keep a daily permanent record m a book, to be furnished them
by said operator or superintendent in which they shall enter the
number of shots or blasts fired, the number of blasts or shots failing to
explode, the number of “ blown out” shots, and the number of holes
that, in their judgment, were not properly prepared or placed and
which they refused to charge and fire, giving their reasons for the same.
Said records shall be in the custody of the superintendent and shall be
available for inspection at all reasonable times by parties interested,
and shall be open for inspection by the chief inspector of mines and by
the assistant inspectors,
Workmen to
S ec . 3. Said shot firers shall not do any blasting or exploding of shots
mine.
or firing whatever until each and every miner and employee is out of
the mine, except said shot firers, mine superintendent, mine foreman
or assistant mine foreman, and the person or persons necessarily present
in charge of pumps and stables in said mine; and any person m said
mine whose duty it is to go out of said mine before said firing, blasting,
and exploding takes place under the provisions of this act, who will
fully fails or refuses to go out of said mine as herein provided shall be
fined in any sum not exceeding fifty dollars, in the discretion of the
court or jury.
A rticle XI.
E lectrical
installation.
Trolley wires.
The operator, superintendent, or mine foreman of a mine in which
electricity is used shall observe the following in the application thereof:
S ection 1. All trolley wire shall be securely supported upon hangers
or other fixtures which will properly insulate said wires from the roof
and other substances and placed at such intervals as to properly support
the same.
Guards re
S ec. 2. At such landings and partings as may be designated by the
quired.
chief inspector or assistant inspector in writing where men are required
to regularly work or pass under trolley or other bare power wires which
are placed less than six and one-half feet above the top of the rail a
suitable and efficient protection shall be provided.
Other wires.
S ec . 3. All other wires except telephone shot-firing, and signal
wires, shall be on the same side of the road as the trolley wire. All
positive conductors carrying more than three hundred volts shall be
insulated: Provided, however, That this requirement shall not apply to
mines in which electricity has been installed previous to this act going
into effect where positive conductors carry more than three hundred
volts. All terminal ends of positive wires installed within the mine
shall be so guarded as to prevent persons from coming in contact
therewith.
S ec . 4. Any bare conductor carried into and maintained in any
room must be installed on hangers or other fixtures which are properly
insulated, and which will prevent it from contact with the roof or other
substances.
67
LABOR LEGISLATION OF 1914— KENTUCKY.
A rticle
XII.
S ection 1. It shall be the duty of the operator of each mine subject Provisions for
to the provisions of this act to at all times keep on hand at the mine a acc n
properly constructed stretcher, a woolen and waterproof blanket, and
such necessary emergency supplies as may be advised by the medical
practitioner employed by the operator; and if as many as one hundred
and fifty men be employed at such mine, two stretchers with the
necessary blankets and emergency supplies shall be provided. If at
any mine there be no medical practitioner regularly employed by the
operator, then such emergency supplies shall be kept on hand as may
be advised by some physician or surgeon whose practice extends
among the employees at the mine, or by the chief inspector of mines.
Sec. 2. Said stretchers and emergency supplies shall be in the
custody of some competent and trustworthy person designated by the
operator or superintendent, and they shall be kept in a suitable room
or place and in such condition as to be readily available when needed.
A rticle
Keeper,
XIII.
S ection 1. No oils or similar inflammable material shall be stored Storage of oils,
within one hundred feet of any hoisting or escape shaft. All explosives
in quantity shall be stored in a fireproof magazine located on the
surface not less than five hundred feet away from all mine openings and
escape ways, and such magazine shall be so placed as not to jeopardize
the free and safe exit of the men from the mine in event of an explosion
of the magazine. This provision as to location shall not apply to
magazines used for distributing powder to employees, provided such
distributing houses or magazines do not contain more than one day’s
supply for the mine, nor to well-built brick or stone fireproof magazines
constructed before this act shall have gone into effect.
A rticle
XIY.
S ection 1. No person, firm, or corporation in this State shall com- Illum inating
pound, sell, or offer for sale for illuminating purposes in any coal mine
m this State any oil other than oil composed of not less than eightyfour per cent of pure animal or vegetable oil, or both, and not more than
sixteen per cent of pure mineral oil, and the gravity of the mixture
shall not exceed twenty-four degrees Baume scale, measured by a
Tagliabue or other standard hydrometer, at a temperature of sixty
degrees Fahrenheit; and no person, firm, or corporation, or agent or
employee of same, shall sell or furnish any oil to be used for illumi
nating purposes in coal mines in this State unless the same shall have
been inspected, tested, approved, and certified by the chief inspector
of mines or an assistant inspector of mines, and it shall be the duty of
said inspectors to make the necessary tests.
All oil to be used for illuminating purposes in coal mines in this
State shall be contained in barrels or other containers branded, sten
ciled, or labeled conspicuously with the name and address of the com
pounder, and the specific gravity in degrees of Baume scale at the
temperature of sixty degrees Fahrenheit; and no person, firm, or cor
poration shall sell or offer for sale any oil for illuminating purposes in
coal mines in this State unless the barrel or other container in which it
was received bears such brand, stencil, or label: Provided, however,
That if oil be shipped in a tank car to any point in the State the in
spector may take a sample or samples of oil from such tank car, and if
he finds that said oil complies with the test required by section 2 of
this article, then he shall furnish a certificate to the shipper or shippers
setting forth that fact, and said shipper or shippers shall be allowed to
sell the oil, making deliveries from tank wagons; but when such
deliveries are made they shall be accompanied by a certificate duly
made by the representative of the person, firm, or corporation shipping
the oil to the effect that said oil has been inspected by the chief in
spector of mines or by an assistant inspector of mines, as the case may
be, giving the name of the inspector and date of inspection, and that it
68
Tests.
Marking.
Violations.
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
was approved for illuminating purposes in the coal mines in this State
by said inspector.
"Each person, firm, or corporation selling or offering for sale any oil for
illuminating purposes in coal mines in this State shall, upon request of
any inspector of mines, submit such oil and the original container for
examination, and give him a sample of the oil for the purpose of making
a test thereof.
Sec. 2. The test to be made, upon the result of which the inspector
shall determine whether to approve any oil to be used for illuminating
purposes in coal mines shall include the determination of the specific
gravity of the oil at the temperature of sixty degrees Fahrenheit, and a
burning test made in comparison with the burning of a standard mixture,
prepared by the chief inspector of mines or by an assistant inspector of
mines, composed of eighty-four per cent of best quality pure cottonseed
oil and sixteen per cent of pure petroleum oil of three hundred degrees
flash test. In making the burning test, the oil to be tested and that
used as the standard, as herein prescribed, shall be burned in miner’s
lamps of the same size and shape, and shall be burned under as identical
conditions as may be possible as regards size, length, and quality of
wick, length of wick projecting out of the spout of the lamp, and protec
tion from drafts of air. Any oil so tested that produces substantially
no more smoke or soot than that produced by the standard mixture shall
be deemed fit for approval as regards the burning test; otherwise, it
shall be rejected. For testing the gravity of oil, a Tagliabue or other
standard hydrometer, which shall have been “ certified ” by the United
States Bureau of Standards, shall be used. In making the test the
hydrometer shall, when possible, be read from below, and the last line
which appears under the surface of the oil shall be regarded as the true
reading. Should the oil be opaque or turbid, one-half the capillary
attraction shall be deemed and taken as the true reading. When
the oil is tested under difficult circumstances, an allowance of onehalf of a degree may be made for possible errors of parallax before
condemning the oil.
S ec . 3. When the oil tested complies with the requirements and
tests provided for in the foregoing section, the inspector making the test
shall stencil, or otherwise plainly mark, each barrel or other container
in which it is contained, or if shipped in tank cars, the inspector shall
tag the car, substantially as follows: “ Approved this___ day o f ..........
by inspector.........,” the blanks to be filled out with the date and name
of the inspector making the inspection and tests. But if the oil does
not come up to said requirements, the barrel or other container shall be
so marked (or tagged in the case of a tank car), substantially as follows:
“ Rejected for illuminating purposes in the coal mines of the State of
Kentucky this___day o f .......... , b y ..........inspector,” the blanks to
be filled out with the date and the name of the inspector making the
inspection and tests.
S ec. 4. N o person shall adulterate any oil to be used for illuminating
purposes in coal mines in this State either before or after taking same
from the original container, and shall not alter, transfer, or re-use any
label of any sort placed upon the container by the chief inspector of
mines or an assistant inspector of mines.
No person shall use for illuminating purposes in any coal mine to
which this act applies any oil other than oil of a quality specifically
provided for in this article, and each person while in a coal mine shall
upon request of an inspector of mines, or of any officer or duly author
ized agent of the operator of the mine, submit his lamp and supply of
oil for examination, and upon request give a sample of the oil for the
purpose of making a test thereof, and state from whom said oil was pur
chased.
The provisions of this article shall only apply to oil used in lamps for
open lights in coal mines. The oil used for safety lamps may be of such
composition as will best serve the purpose.
Any person, firm, or corporation, or agent thereof, who compounds,
sells or offers for sale to dealers any oil for illuminating purposes in any
coal mine in this State contrary to the provisions of this article, shall,
upon conviction thereof, be fined not less than fifty dollars nor more
than one hundred dollars, and for a second and subsequent offense shall
LABOR LEGISLATION" OF 1914---- KENTUCKY.
69
be fined not less than one hundred dollars nor more than two hundred
dollars, at the discretion of the court.
Any person, firm, or corporation, or agent thereof, who sells or offers
for sale to any employee of a coal mine for illuminating purposes in this
State contrary to the provisions of this article shall, upon conviction
thereof, be fined not less than twenty-five dollars nor more than fifty
dollars, and for a second or any subsequent offense shall be fined not
less than twenty-five dollars nor more than fifty dollars, at the discre
tion of the court.
Any person who knowingly uses for illuminating purposes in a coal
mine in this State any oil contrary to the provisions of this article shall,
upon conviction thereof, be fined not less than five dollars nor more
than ten dollars, and for a second or any subsequent offense shall be
fined not less than five dollars nor more than ten dollars, in the discre
tion of the court.
A rticle XV.
S ection 1. The chief inspector of mines and any two of the assistant Board of ex
inspectors, the selection of whom is optional with the chief inspector, am rs‘
and who may select them alternately, from time to time, together with
one miner, who has had at least five years of practical experience in the
mining of coal, and who is actually employed in mining coal at the
time of his appointment, and one coal operator, or the representative of
a coal operator, who is at the time of his appointment actually engaged
in the business of operating a coal mine m the State, who shall be
appointed by the governor for a term of two years each, shall constitute
a board of examiners for the examination of applicants for certificates
of qualification to serve as mine foremen and as fire bosses in coal mines,
and for the examination of candidates for the position of assistant
inspector of mines. Said miner and operator members of the board
shall hold their positions until their successors are appointed. The
chief inspector of mines shall be chairman of the board, and whenever
it may be necessary for him to be absent from any meeting of the board,
he may designate any other member to preside during his absence. A
majority of the members shall constitute a quorum, with authority to
transact business, hold examinations, and issue certificates. The
technical qualifications required of mine foremen and fire bosses,
respectively, shall be set out by the board.
Said board shall hold four regular meetings or sessions during the Meetings,
year, upon such dates, not more than three months apart, and at such
place or places as the members may determine, and the chairman shall
have authority to call special meetings whenever there shall be neces
sity therefor. Notice of time and place shall be given at least two
weeks in advance of a regular meeting for examination.
For their services as examiners, said inspectors shall receive no extra Expenses,
compensation, but only their regular salaries and their traveling
expenses; that is their services as examiners shall be considered and
treated as part of their official duties as inspectors; but the miner and
operator members shall each receive five dollars per day for the time
occupied in attendance upon each session of the board, together with
his actual and necessary traveling expenses. The accounts of the
miner and operator members for compensation and expenses shall be
rendered promptly after the close of each meeting of the board; they
shall be itemized and certified to as in the case of accounts rendered by
the inspectors, and they shall be paid as the expense accounts of the
inspectors are paid when approved by the chief inspector of mines and
by the governor.
Sec. 2. To all persons possessing the qualifications required by this Who to have
act for appointment as assistant inspectors of mines and who have passed specters. &S m"
a satisfactory examination before the board of examiners, a certificate
shall be given, in such form as may be prescribed by the chief inspector
of mines, certifying to the governor that said applicant has passed a
satisfactory examination and possesses the qualifications by this act re
quired of an assistant inspector. Said certificate shall be signed by the
members of the board of examiners.
70
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Mine foremen.
Firebosses.
Sec. 3. To all persons possessing the qualifications by this act re
quired of a mine foreman, and who have passed a satisfactory examina
tion before the board of examiners, a certificate shall be issued, in such
form as shall be prescribed by the chief inspector of mines, and of such
class as may be determined by the board of examiners; which certifi
cate shall be signed by the chief inspector of mines and board of
examiners.
S ec . 4. To all persons possessing the qualifications by this act re
quired of a fire boss and who have passed a satisfactory examination
before the board of examiners, a certificate shall be issued, in such form
as shall be prescribed by the chief inspector of mines; which certificate
shall be signed by the chief inspector of mines and board of examiners.
A rticle XVI.
Employees to
Section 1. No person shall be employed as a mine foreman or fire boss
p a s s e x a m i - any mine in which fifteen or more persons are employed at one time
nations.
who has not been granted a certificate of qualification to the effect that
he has been examined by the board of examiners provided for by this
act and has been found fit and competent.
Mine foreman.—The certificates of qualification for mine foremen
shall be divided into three classes, namely, (1) First class, which shall
authorize the holder thereof to act as foreman for all classes of
coal mines; (2) second class, which shall authorize the holder to act as
foreman for any nongaseous coal mine; (3) third class, which shall
authorize the holder to act as foreman for any nongaseous coal mine in
which not more than twenty-five persons are employed at one time.
Fire boss.—The certificate of qualification to serve as fire boss shall
authorize the holder thereof to act as fire boss in any coal mine.
Fees.
Each applicant for examination shall, before he is examined, pay a
fee of two dollars and fifty cents to the auditor of public accounts, who
shall issue his receipt therefor, which receipt the applicant shall present
to the board of examiners before he shall be permitted to enter the exam
ination; and all fees so paid shall be turned into the State treasury to
the credit of the general expenditure fund.
Classes.
The class of certificate which may be awarded an applicant who has
been examined with respect to his qualifications to serve as mine fore
man shall be determined by the board of examiners according to the
nature of the examination taken by the applicant or by the grade made
by him upon examination. The certificate to be awarded a successful
applicant for a certificate of qualification to serve as fire boss shall show
upon its face that the holder is authorized to act as fire boss.
Requirements.
No certificate shall be granted to any person who does not present to
the board of examiners satisfactory evidence, in the form of affidavits
made by well-known and responsible persons in the locality whence he
came, that the applicant is a man of sobriety and good moral character,
and that he has had at least five years’ practical experience at and in
coal mines. Certificates may be granted only to persons who are bona
fide residents of this State or who are employed at mines within the
State. The board is authorized to decline to examine any applicant
who can not readily understand the written English language or who can
not express himself intelligently in the English language.
Records.
The chief inspector of mines, as chairman, shall keep a record of all
proceedings of the board, including the names and addresses of persons
who have been granted certificates and of those who have failed to pass
the examination.
Acting without
>rtificate.
S e c. 2. Any person acting as mine foreman or fire boss at a coal mine
without having a certificate from the board of examiners authorizing
him to act as such mine foreman or fire boss, except as herein specified
and any operator or superintendent who shall employ any person to act
as mine foreman or fire boss who has not obtained a certificate from
the board of examiners authorizing him to act as such foreman or fire
boss, shall be deemed guilty of a misdemeanor and be liable to a fine of
not less than one hundred dollars nor more than two hundred dollars.
In case of a vacancy in the position of mine foreman or fire boss in
any mine the assistant inspector of mines for the district may, with
LABOR LEGISLATION OF 1914---- KENTUCKY.
71
the approval of the chief inspector, authorize a temporary appointment
of any miner of four or more years of experience in coal mines, whom he
may deem incompetent [competent] to act as mine foreman or fire boss,
as the case may be, for a period of not exceeding ninety days. Any
mine foreman holding a certificate of the first class may serve as fire boss.
S e c . 3. The certificate of a mine foreman or of a fire boss, as the case Cancellation of
may be, may be canceled and revoked by the board of examiners, upon certlficatenotice and hearing as herein provided, if it shall be established in the
judgment of said board that the holder thereof has become unworthy to
hold said certificate by reason of violation of law, intemperate habits,
incapacity, abuse of authority, willful neglect to comply with instruc
tions to obey the requirements of the mining laws given by an inspector
of mines, or other cause: Provided, That any person against whom
charges are made shall have a right to appear before said board and
defend against such charges, and he shall have fifteen days’ notice in
writing of such charges previous to such hearing.
S e c . 4. Persons who have heretofore been granted certificates by the Existing cerboard of examiners, as heretofore constituted, authorizing them to act
a es*
as mine foreman or fire bosses, shall not be required to again obtain such
certificate giving authority to act in such capacity required by this act.
And all certificates granted prior to June 16,1910, shall be accepted and
recognized as certificates of the first class provided for in this article.
A rticle
XVII.
S ection 1. Each assistant inspector of mines shall exercise sound Discretionary
discretion in the performance of his duties under the provisions of this powers*
act, and if the operator or superintendent of any mine shall be dissatis
fied with any decision the assistant inspector for the district in which
said mine is situated has given in the discharge of his duties, which de
cision shall, if requested, be reduced to writing, it shall be the duty of
the dissatisfied person to appeal from said decision to the chief inspector Appeals,
of mines, who shall at once direct two or more of the other assistant in
spectors to promptly accompany the assistant inspector of the district to
the mine, to make further examination into the matters in dispute. If
the said assistant inspectors shall agree with the decision of the assistant
inspector of the district, their decision shall be final, unless within seven
days from receipt of the decision of the committee of assistant inspec
tors, the dissatisfied person shall appeal therefrom to the circuit court
of the county in which said mine is situated.
S e c . 2. Upon such appeal the circuit court, or the judge thereof in commission,
chambers shall forthwith appoint a commission of four practical,
reputable and competent persons, two of whom shall be recommended
by the dissatisfied person and the other two by the chief inspector, and
the four persons thus recommended and appointed shall appoint
a fifth person, who also shall be practical, reputable and equally
competent and the five persons so appointed none of whom shall
be in the employ of or related to the dissatisfied person or in the
employ of the State department of miners [mines], shall constitute
a commission to investigate and report on the matter in dispute.
In case, however, any or all of said four persons are not recommended
by a writing filed in said court within seven days after the said
appeal is filed then the judge of said court shall fill the vacancy or
vacancies by the appointment of a practical, reputable and competent
person or the necessary number of such persons; and in case the four
persons thus appointed do not agree in writing upon the fifth person for
said commission within five days after having received notice of their
appointment, then the said judge of said court shall appoint the said
fifth person on said commission.
The duty of said commission shall be, under the instruction of said
court, to examine said mine in relation to the matter or matters in dis
pute and report under oath, within ten days after their appointment, the
facts as they exist and the conditions pertaining thereto, and, based
upon such conditions and facts, the decision of a majority of said com
mission on the matter in dispute; and the report and decision of said
commission shall be final and conclusive, unless exceptions thereto
shall be filed by the said dissatisfied person or the chief inspector of the
department of mines within seven days after the filing of said commis-
72
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
sion’s report. If exceptions are filed, the court shall at once hear, and,
upon testimony taken thereon, determine them, and enter an order in
accordance with such determination. For their services each of said
commissioners shall receive five dollars per day and their necessary
expenses, which shall be taxed and paid as a part of the cost of said
proceeding.
Appeals by emS ec . 3 . In event the employees at any mine, represented by seventypioyees.
fiye per cent of their number, shall be dissatisfied with the inspection of
said mine made by an assistant inspector of mines, they shall have a
right to appeal in writing to the chief inspector, setting forth in said
writing, clearly and in detail the reason or reasons for their dissatisfac
tion; and the chief inspector shall carefully consider said appeal and
promptly take action thereon, which may consist of ordering another
inspection to be made by said assistant inspector alone or in company
with another assistant inspector detailed by the chief inspector for the
purpose, should such course appear to him to be warranted by the facts
set forth in the appeal, or of such other action as to said chief inspector
may appear to be just and proper in the premises. Said appeal in
writing shall be signed by the dissatisfied persons.
A rticle
Scales.
XVIII.
The operator or superintendent of every coal mine in this
State, to which this act applies, at which miners are paid by weight
shall provide at such mine suitable and accurate scales for the weighing
of the coal for which the miners are to be paid; and when differences
arise between the operator or superintendent of the mine and the
miners employed in the same as to the accuracy or capacity of the scales,
the question shall be referred to the county inspector of weights and
measures, whose duty it shall be to inspect and test said scales as early
as practicable after receiving notification; and should said inspector
find the scales inaccurate or defective beyond the limit admitted in
scales of standard manufacture, he shall notify the operator or superin
tendent of the mine and said scales shall forthwith be repaired and
made accurate, or accurate scales be substituted therefor.
S ection 1.
Sec. 2. Any operator or superintendent of a coal mine who refuses
or willfully fails to comply with the instructions to render his mine scales
accurate shall be guilty of a misdemeanor, and, on conviction, shall be
fined not less than five dollars nor more than fifty dollars.
(The general assembly passed an act, during the session of 1914, abolishing the office
of county inspector of weights and measures. The status of the earlier law (chapter
108, Acts of 1906) providing for the inspection of mine scales, in view of such a condi
tion, is not therefore clear.]
A rticle X IX.
1. The operator of any coal mine to which this act applies
the right to adopt special rules for the government and
operation of his mine or mines not in conflict with the provisions of this
act or any amendment or amendments thereto, covering all the work
pertaining thereto in and out of the mine, but before said rules shall be
m effect they shall be approved in writing by the chief inspector of
mines. Such rules when so adopted and approved in writing by the
chief inspector shall be printed on cardboard m the language spoken by
ten or more employees at such mine or mines, and shall be posted in the
drum house, tipple, or other conspicuous place about the mine where
the same may be seen and observed by the employees at such mine;
and when said rules are so adopted and approved by the chief inspector
and posted all employees at such mine shall be deemed to have notice
thereof, and to have agreed to the provisions thereof, and persons violat
ing any such provisions thereof shall upon conviction be punished as
provided in article twenty-one of this act.
Printed copies.
S ec . 2. It shall be the duty of such mine operator when so requested
by an employee to furnish a printed copy of such rules to the employee
so requesting the same.
Failure to post
S ec . 3. In case of the failure upon the part of such operator to post
ru es*
said rules after the same shall have been adopted and approved by the
chief inspector of mines, he shall be deemed guilty of a misdemeanor
and upon conviction be punished as provided in section 2, of article
twenty-one of this act.
Operator may
S ection
adopt rules.
shall have
LABOR LEGISLATION OF 1914---- KENTUCKY.
A rticle
XX.
1.] It shall be the duty of all persons employed in and about Duty to
the mines to observe and obey the mining laws and the mine rules serve rules.
adopted for the safe government and operation of the mine in or about
which such persons are employed, and to exercise such reasonable care
as may be necessary to preserve their own health and safety and the
health and safety of other persons employed in and about such mine.
[S ection
A rticle
XXI.
S ection 1. Any person who shall intentionally or carelessly injure Offenses.
any safety lamp, instrument, air course, or brattice; or who shall with
out proper authority handle, remove, or render useless any “ fencing,”
means of signaling, apparatus, instrument, or machinery; or shall without
proper authority obstruct or throw open airways, or enter a place in or
about a mine against a notice or signal of caution, or open any door, the
opening of which is forbidden; and anyone who shall carry fire, open
lights, matches, pipes or other smoker’s articles beyond any station
inside of which locked safety lamps are used, or open a door used for
directing ventilation in a mine and not close it promptly, or disobey any
order given in carrying out the provisions for safety set forth in this act,
or do any other act whatsoever whereby the lives or the health of the
persons employed or the security of the mine or machinery are endan
gered, shall, except as otherwise in this act provided, be deemed guilty
of a misdemeanor and shall upon conviction be punished as is
provided in section two of this article.
S e c . 2. Any person who neglects or refuses to perform the duties Violations.
required of him by this act, or by the rules regularly adopted in con
formity with this act for the government and safe operation of any mine,
or who violates any of the provisions or requirements thereof, shall,
except as otherwise provided in this act, be deemed^guilty of a misdemeanor#and shall upon conviction thereof in the circuit court of the
county in which the misdemeanor was committed be punished by a fine
not exceeding two hundred dollars. Any violation of this act which
has been declared to be a misdemeanor by any provisions thereof shall
be punished in like manner, unless other punishment be provided
therein.
Approved March 23, 1914.
LOUISIANA.
ACTS OF 1914.
A ct
No. 16.—Protection of employees on street railways.
S ection 1. It shall be unlawful for any corporation, person or re- Vestibules
ceiver operating a line of electric street railways in the State of Louisi- qu
ana, to require or permit the operation upon its lines of any electric car
during the period beginning September 1, and ending May 1, of each Term,
year, unless each end of such car be provided with solid vestibule which
shall fully protect the motorman, conductor and such passengers as
may be compelled to stand on the platform.
S ec . 2. The officers and manager of any corporation or any person or Violations,
receiver operating the line of electric street railways in the State of
Louisiana, who shall in any manner violate any of the provisions of this
act shall be deemed guilty of a misdemeanor and on conviction thereof
before any court of competent jurisdiction, shall be fined not more than
three hundred ($300) dollars or imprisoned not more than six months,
or both at the discretion of the court having jurisdiction: Provided,
That each day upon which said act shall be violated shall constitute a
separate offense and shall be punished as such.
Approved June 15, 1914.
A ct
.
No. 20.—Compensation o f workmenfor injuries.
1 This act shall apply only to the following:
1. Every person in the service of the State, or of any parish, town- Scope of law
ship, incorporated village or city, or other political subdivision, or in
corporated public board or commission in this State authorized by law
to hold property and to sue and be sued, under any appointment or con
tract of hire, express or implied, oral or written, except an official of the
State, or of any parish, township, incorporated village or city, or other
political subdivision, or incorporated public board or commission in this
State authorized by law to hold property and to sue and be sued; and for
such employee ana employer the payment of compensation, according
to and Under the terms, conditions and provisions hereinafter set out
in this act, shall be exclusive, compulsory and obligatory: Provided,
That one employed by a contractor who has contracted with the State,
parish, township, incorporated village or city, or other political sub
division, or incorporated public board or commission m the State,
through its proper representative, shall not be considered an employee
of the State, parish, township, incorporated village or city, or other
political subdivision, or incorporated public board or commission.
2. Every person performing services arising out of and incidental to
his employment in the course of his employer’s trade, business or occu
pation in the following hazardous trades, businesses and occupations:
(a) The operation, construction, repair, removal, maintenance and H azardo
demolition of railways and railroads, vessels, boats, and other water
es*
crafts, terminal docks, street railways, factories, mills, including rice
mills, cotton-oil mills, sawmills, shingle mills, planing mills and syrup
mills, power laundries, power bakeries, foundries, forges, smelters,
blast furnaces, machine shops, coke-burning plants, lime-burning
plants, bleaching works, dyeing works, potteries, phosphate and sul
phur works, rendering works, slaughterhouses, meat-packing plants,
ice plants, warehouses, marble or stonecutting or polishing plants, ship
building and ship-repairing plants and yards, mines, mining plants,
quarries, oil, gas, sulphur, salt or other wells, heating plants, lighting
plants, power plants, waterworks, pumping works, coal yards, lumber
yards, building-material yards, derricks, bridges, junk yards, malt
houses, breweries, freight or passenger elevators, stockyards, harvesting
S ection
75
76
BU LLETIN OF TH E BUREAU OF LABOR STATISTICS.
machinery, threshing machine, cotton gins, cotton compresses, stigarhouses, sugar and other refineries, sash and door factories, woodworking
establishments, printing and photo-engraving establishments, book
binding and general presswork, skidders, engineering works, fogging
or coaling of vessels, or loading or unloading the cargoes of vessels, log
ging and lumbering, storing ice, paving with asphalt or other molten
material, excavating or grading with power machinery or with the use
of an explosive, working in compressed air, dredging, pile driving,
boring, moving safes, chimney sweeping. The construction, installa
tion, operation, alteration, removal or repair of wires, cables, switch
boards or apparatus chained with electrical current. Work in any of
the building or metal trades in the erection, construction, extension,
decoration, alteration, repair or demolition of any building or struc
tural appurtenances. Any occupation entailing the manufacture,
transportation, care of, use of, or regular proximity to dangerous quan
tities of gunpowder, dynamite, nitroglycerin, and other like dangerous
explosives. The installation, repair, erection, removal or operation of
boilers, furnaces, engines, and other forms of machinery.
Definitions.
‘ 4Factory ’ ’ means any premises wherein mechanical power is used in
manufacturing, making, altering, adapting, ornamenting, finishing,
repairing or renovating any article or articles for the purpose of trade
or gain, or of the business carried on therein.
“ Mine ” means any opening into and beneath the surface of the earth
for the purpose of extracting any mineral or minerals, and all under
ground workings, slopes, shafts, galleries and tunnels, and other ways,
cuts and openings connected therewith, including those in the course
of being opened, sunk or driven; and includes also the appurtenant
structures at or about the openings of a mine and any adjoining work
place where the material from a mine is stored or prepared for use or
shipment.
“ Quarry” means any place, not a mine, including a bank or pit,
where shell, stone, slate, clay, sand, gravel or other material is dug or
otherwise extracted from the earth or ground for the purpose of trade or
barter or of the employer’s trade or business; and includes also the
appurtenant structures at or about the openings of a quarry and any
aajoining work place where the material from a quarry is stored or pre
pared for use or shipment.
“ Railways” and ^‘ railroads” also includes work in or about depots,
powerhouses, roundhouses, cars, locomotives, and all other appurte
nances, and m private yards, terminals, switches, etc., and work on rail
roads for express companies.
T r ad es n o t
3. If there be or arise any hazardous trade, business or occupation or
enumerated.
work' other than these hereinabove enumerated, it shall come under the
provisions of this act. The question of whether or not a trade, business
or occupation not named herein is hazardous may be determined by
agreement between the employer and employee or by submission at the
instance of either employer or employee to the j udge of the court which
shall have jurisdiction over the employer in a civil case. The decision
of the coart shall not be retroactive in its effect.
Voluntary con4. An employer and any employee in a trade, business or occupation
tracts.
not specified in paragraph 2 of this section and any one engaged in a
trade, business or occupation that may not be determined to be hazard
ous under the operation of paragraph 3 of this section, may, prior to the
accident, voluntarily contract in writing to come under the benefit and
protection of the provisions of this act with the same force and effect as
though they had been specifically included instead of omitted
Compensation
S e c. 2. 1. If a workman employed as hereinabove set forth in parapayable when,
1 0 £section 1 (except a workman who shall be eliminated from the
benefit of this act for the causes and reasons set forth in section 28 of this
act) receives personal injury by accident arising out of and in the course
of such employment his employer shall pay compensation in the
amounts and to the person or persons hereinafter specified.
Excluded emS e c . 3 . 1 . This act, except sections 4 and 5, relating to defenses, shall
ployments.
not apply to any employer or employee engaged in the trades, busi
nesses and occupations specified in paragraph 2 of section 1, nor to
those that may be determined to be hazardous under the operation of
paragraph 3 of section 1, unless prior to the injury they shall have so
LABOR LEGISLATION OF 1914---- LOUISIANA.
77
elected by agreement, either express or implied, as hereinafter pro
vided. Such an agreement shall be a surrender by the parties thereto Effect of agreeof their rights to any other method, form, or amount of compensation or ments*
determination thereof than as provided in this act, and shall bind the
employee himself, his widow and relations and dependents as herein
after defined, as well as the employer and those conducting his business
during bankruptcy and insolvency.
2. Every contract of hiring, verbal, written or implied between an
employer and any employee engaged in the trades, businesses or occupa- Presumptions
tions specified in paragraph 2 of section 1, or engaged in the trades, busi- as t0 contractsnesses or occupations that may be determined to be hazardous under
the operation of paragraph 3 of section 1, now in operation or made or
implied prior to the time fixed for this act to take effect shall after this
act takes effect be presumed to continue subject to the provisions of
this act unless either party shall at any time not less than thirty days
prior to the accident, m writing, notify the other party to such contract
that the provisions of this act other than sections 4 and 5 are not in
tended to apply.
3. Every contract of hiring, verbal, written or implied, between any Same subject,
employer or employee engaged in the trades, businesses or occupations
specified in paragraph 2 of section 1, or engaged in the trades, businesses
or occupations that may be determined to be hazardous under the oper
ation of paragraph 3 of section 1, made subsequent to the time provided
for this act to take effect, shall be presumed to have been made subject
to the provisions of this act, unless there be as a part of said contract an
express statement in writing not less than thirty days prior to the acci
dent, either in the contract itself or by written notice by either party
to the other, that the provisions of this act other than sections 4 and 5
are not intended to apply, and it shall be presumed that the parties have
elected to be subject to the provisions of this act and to be bound
thereby.
4. Any workman of the age of eighteen and upwards engaged in the Minors.
trades, businesses or occupations specified in paragraph 2 of section 1,
or engaged in the trades, businesses or occupations that may be deter
mined to be hazardous under the operation of paragraph 3 of section 1,
shall himself exercise the election hereby authorized; the right of
election hereby authorized shall be exercised on behalf of any workman
under the age of eighteen by his parent or guardian: Provided, That
this act shall not apply to workmen of less than the minimum age pre
scribed by law for the employment of minors in the trades, businesses
or occupations specified in paragraph 2 of section 1, or engaged in the
trades, businesses or occupations that may be determined to be
hazardous under the operation of paragraph 3 of section 1.
5. The agreement between any employer or employee engaged in Termination of
the trades, businesses or occupations specified in paragraph 2 of sec- agreementstion 1, or engaged in the trades, businesses or occupations that may be
determined to be hazardous under the operation of paragraph 3 of sec
tion 1, for the operation of the provisions of this act other than sections 4
and 5 may be terminated by either party upon thirty days’ written
notice prior to the accident.
6. Where the notice is to be served upon one who is under the age of Notice to pareighteen years, said notice must be served upon the parent, tutor or ents’ etc*>w en*
guardian of said individual under the age of eighteen years.
S ec . 4. 1. If an employee has elected as aforesaid to come under this
5^fens^s abro'
act and his employer has elected as aforesaid not to come under this sated, when,
act, then if an action is brought by the employee or relation or per
sonal representative to recover for personal injuries sustained after such
election by the employer arising out of and in the course of his employ
ment, it shall not be a defense.
(a) That the employee assumed the risks inherent in or incidental
to or arising out of Ids employment, or the risks arising from the failure
of the employer to provide and maintain a reasonably safe place to
work or arising from the failure of the employer to furnish reasonably
safe tools and appliances, or that the employer exercised reasonable
care in selecting reasonably competent employees in the trade, busi
ness or occupation.
78
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
(b) That the injury was caused by the negligence of a fellow em
ployee.
(c) That the employee was negligent.
Presumption as
2. In an action by an employee against an employer for personal
to negligence.
injury sustained arising out of and in the course of the employment
where the employer has elected to reject the provisions of this act,
it shall be presumed that the injury to the employee was the direct
result and arose out of the negligence of the employer; and that such
negligence was the proximate cause of the injury, and in such case the
burden of proof shall rest upon the employer to rebut the presumption
of negligence.
Defenses availS ec . 5. 1. If an employer has elected as aforesaid to come under this
able, when.
act and his employee has elected as aforesaid not to come under this
act, then if an action is brought by the employee to recover damages for
personal injury sustained after the employee has so elected, and arising
out of and in the course of his employment the employer shall have all
the defenses which he would have had if this act had not been enacted.
Waiver of re2. An employee who has given notice to his employer in writing as
joction.
aforesaid that he elects not to be subject to the provisions of this act,
may waive such election by a notice in writing, which shall take effect
immediately.
Employees of
S ec . 6. 1. Where any person (in this section referred to as principal)
contractors.
undertakes to execute any work, which is a part of his trade, business
or occupation, or which he has contracted to perform, and contracts
with any other person (in this section referred to as contractor) for the
execution by or under the contractor of the whole or any part of the
work undertaken by the principal, the principal shall be liable to pay
to any workman employed in the execution of the work any compensa
tion under this act which he would have been liable to pay if that
workman had been immediately employed by him; and where com
pensation is claimed from or proceedings are taken against the prin
cipal, then, in the application of this act, reference to the principal
shall be substituted for reference to the employer, except that the
amount of compensation shall be calculated with reference to the earn
ings of the workman under the employer by whom he is immediately
employed.
2. Where the principal is liable to pay compensation under this
section, he shall be entitled to indemnity from any person who would
have been liable to pay compensation to the workman independently
of this section, and shall have a cause of action therefor.
3. Nothing in this section shall be construed as preventing a work
man from recovering compensation under this act from the contractor
instead of from the principal.
4. A principal contractor, when sued by a workman of a subcon
tractor, shall have the right to call in that subcontractor or any inter
mediate contractor or contractors as defendant or codefendant.
Liability of S ec . 7. 1. When an injury for which compensation is payable under
third persons.
this act shall have been sustained under circumstances creating in
some other person than the employer a legal liability to pay damages
in respect thereto, the injured employee may, at his option, either
claim compensation under this act or obtain damages from or proceed
at law against such other person to recover damages; and if compensa
tion is claimed and awarded under this act any employer having paid
the compensation or having become liable therefor shall be subrogated
to the rights of the injured employee to recover against that person,
and may compromise the claim therefor in his discretion: Provided, If
the employer shall recover from such other person damages in excess
of the compensation already paid or awarded to be paid under this act
then any such excess shall be paid to the injured employee less the
employer’s legitimate and reasonable expenses and costs of the action,
which payment shall be credited upon the balance of compensation,
if any, that may become due thereafter.
for:
Sec. 8. 1. Compensation shall be paid under this act in accordance
with the following schedule of payments:
T^ppojary totai disability.
anyreasonable character, fifty per centum of the average weekly wages,
Compensation
(a)
For injury producing temporary total disability to do work of
subject to a maximum compensation of ten dollars per week and a
LABOR LEGISLATION OF 1914---- LOUISIANA.
79
minimum compensation of three dollars per week: Provided, That, if
at the time of the injury the employee was receiving wages of three
dollars or less per week, then the compensation shall be full wages per
week. This compensation shall be paid during the period of disability
not, however, beyond three hundred weeks.
(b) For injury producing temporary partial disability, the compen- T e m p o r a r y
sation shall be fifty per centum of the difference between the average partial disability,
weekly wages of the employee before the injury and the average weekly
wages which he is able to earn thereafter, but not more than ten dollars
a week for a period not exceeding three hundred weeks, compensation
to cease whenever employee is able to earn as much as he did before the
accident.
(c) For injury producing permanent partial disability, the compen- P e r m a n e n t
sation shall be one-half of the difference between the average weekly partial disability,
wages of the injured employee before the injury and the average
weekly wages which he is able to earn thereafter, subject to a maximum
of ten dollars per week, to be paid for a period jiot exceeding three hun
dred weeks. In cases included by the following schedule, compensa
tion for such injury shall be paid as long as employee is unable to earn
as much as he did before accident, subject to the following maximum
schedules:
Schedule.
For the loss of a thumb, fifty per centum of the average weekly wages
during not more than fifty weeks.
For the loss of a first finger, commonly called the index finger, fifty
per centum of the average weekly wages during not more than thirty
weeks.
For the loss of any other finger, or a great toe, fifty per centum of the
average weekly wages during not more than twenty weeks.
For the loss, by separation, of any toe other than the great toe, fifty
per centum of the average weekly wages during not more than ten
weeks.
The loss of the first phalanx of the thumb, or of two phalanges of any
finger or toe, shall be considered to be equal to the loss of one-half of
such member, and compensation shall be one-half of the amount above
specified.
The loss of more than one phalanx of the thumb or more than two
phalanges of any finger or toe shall be considered as the loss of the
entire member: 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 of a hand.
For the loss of a hand, fifty per centum of the average weekly wages
during not more than one hundred and fifty weeks.
For the loss of an arm, fifty per centum of the average weekly wages
during not more than two hundred weeks.
For the loss of a foot, fifty per centum of the average weekly wages
during not more than one hundred and twenty-five weeks.
For the loss of a leg, fifty per centum of the average weekly wages
during not more than one hundred and seventy-five weeks.
For the loss of an eye, fifty per centum of the average weekly wages
during not more than one hundred weeks.
For the loss of both hands, or both arms, or both feet, or both legs, or
both eyes, or one hand and one foot, shall constitute total and perma
nent disability to be compensated according to the provisions of clause
“ d ” of this section.
Amputation between the elbow and wrist shall be considered as the
equivalent of the loss of a hand, and amputation between the knee and
the ankle shall be equivalent to the loss of a foot.
In no case shall payments be made under more than one clause of
this subsection, nor in any case after the employee is able to earn as
much as he did before the accident.
The amounts specified in this subsection are all subject to the same
limitations as to the maximum and minimum as are stated in clause
“ a” of this section.
(d) For injury producing permanent total disability to do work of Compensation
any character, fifty per centum of the average weekly wages, but not dSmty.
more than ten dollars nor less than three dollars per week for a period
not exceeding four hundred weeks.
80
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
(e) For injury causing death within one year after the accident, there
shall be paid to the legal dependents of the employee wholly dependent
upon his earnings for support at the time of the injury, a weekly sum
as hereinafter provided not to exceed one-half of the average weekly
wages of the employee as herein defined, but not more than ten dollars
nor less than three dollars a week, for a period of three hundred weeks.
If the employee leaves legal dependents^ only partly dependent upon
his earning for support at the time of the injury, the weekly compensa
tion 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 in the
year prior to his death, bears to the annual earnings of the deceased at
the time of his injury. When weekly payments have been paid to an
employee before his death, the compensation to dependents shall begin
on the date of the last of such payments, but shall not continue for more
than three hundred weeks from the date of the injury.
Dependents.
2. 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 was living at the time of
the injury and whom she has not abandoned for cause at the time of
his death.
(b) A husband mentally or physically incapacitated from wage earn
ing upon a wife with whom he was living at the time of her injury.
(c) A child or children under the age of eighteen 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 injury of
such parent. In case there is more than one child, thus dependent,
the death benefit shall be divided equally among them. In case there
are both surviving wife and children or surviving husband and children
entitled to compensation, the compensation shall be paid entirely to
the surviving husband or the surviving wife, for the common benefit
of such wife or husband and the children. In all other cases, question
of legal dependency, in whole or in part, shall be determined in accord
ance with the facts as they 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 the
persons partially dependent, if any, shall receive no part thereof; if
there is no one wholly dependent, and more than one person partially
dependent, the death benefit shall be divided among them according
to the relative extent of their dependency. No person shall be con
sidered a dependent unless a member of the family of the deceased
employee, or bearing to him the relation of husband or widow, or lineal
descendant or ascendant, or brother or sister, or legally adopted child.
Payments to
(d) Payments to such dependents shall be computed and divided
dependents.
among them on the following basis:
If widow alone, 25 per cent of the average weekly wages of deceased.
If widow and one cnild, 40 per cent of the average weekly wages.
If widow and two or more children, 50 per cent of the average weekly
wages.
If one child alone, 25 per cent of the average weekly wages of
deceased.
If two children, 40 per cent of the average weekly wages.
If three or more children, 50 per cent of the average weekly wages.
If father or mother, 25 per cent of the average weekly wages of
deceased. If both, 50 per cent of the average weekly wages.
If one brother or sister, 25 per cent of the average weekly wages of
deceased, with 10 per cent additional for each brother or sister in excess
of one.
If other dependents than those above enumerated, 20 per cent of
the average weekly wages for one and 10 per cent additional for each
such dependent in excess of one.
If the total benefits according to this clause exceed 50 per cent, they
shall be abated proportionally.
C a r r i a g e or
(e) The marriage or death of any dependent shall terminate all payciarles
ments as to such dependent, but shall not affect payments allowed other
dependents.
Death.
LABOR LEGISLATION OF 1914---- LOUISIANA.
81
When any minor dependent not physically or mentally incapable
of wage earning, shall become eighteen years of age, payment of the
portion of compensation theretofore due such minor shall cease.
(f) In case of death, the employer shall pay, or cause to be paid, the Burial, etc., exreasonable expenses of his last sickness and burial, not exceeding one penses’
hundred dollars.
3. The term “ average weekly wages’’ as used in this act shall mean Wages defined,
the annual earnings of the injured employee divided by fifty-two.
Where, by reason of the shortness of the time during which the employee
has been in the employment of his employer, or the nature or terms of
the employment [it] is impracticable to compute the average weekly
wages as above defined, regard may be had to the average weekly amount
which, during the twelve months previous to the injury was being
earned by a person in the same grade, employed at the same work,
by the same employer; or, if there is no person so employed, by a person
in the same grade, employed in the same class of employment and in
the same district.
4. No compensation shall be paid for the first two weeks after injury Waiting time,
is received, nor in any case, unless the employer is notified thereof
within the period specified m section 11.
5. During the first two weeks after the injury, the employer shall Medical, etc.,
furnish reasonable medical, surgical and hospital service and medicine
as not to exceed one hundred dollars unless the employee refuses to
allow them to be furnished by the employer.
6. Any voluntary payments made by the employer or his insurer to Voluntary paythe injured workman, during the period of his disability, or to his ments*
dependents, which, by the terms of this act, were not due and payable
when paid, may, subject to the approval of the court, be deducted
from the amount to be paid as compensation: Provided, That in case of
disability, such deduction shall be made by shortening the period dur
ing which compensation shall be paid, and not by reducing the amount
of the weekly payments.
7. Payments of compensation due under this act, shall be paid as Tin*e of cornnear as may be, at the same times and places as wages were payable ments.11 pay"
to the injured employee before the accident; but a longer interval may
be substituted by agreement, with the approval of the court.
8. The amounts payable periodically as compensation may be com- Lump sums,
muted to a lump-sum payment at any time by agreement of the parties;
subject to the approval of the court and upon the payment of such
lump sum the liability of the employer making such payment under
this act, shall be fully satisfied.
Sec. 9. 1. An injured workman shall submit himself to examination Medical examiby a duly qualified medical practitioner provided and paid for by the natlons*
employer, as soon after the accident as demanded, and from time to
time thereafter, as often as may be reasonably necessary and at reason
able hours and places, during the pendency of his claim for compensa
tion or during the receipt by him of payments under this act.
2. It shall be the duty of the employer to cause such examination,
provided for in paragraph 1 of this section to be made of the injured
workman, immediately after knowledge or notice of the accident and
to serve a copy of the report by his medical practitioner of such exami
nation upon the workmen within six days after such examination. If
no such examination be made and report furnished by the employer
within that time, the workman shall furnish a report of an examination
made by his medical practitioner to the employer, for which the em
ployee shall be entitled to receive from the employer the sum of one
dollar. Upon the receipt by either party of such a report from the
other party, the party receiving it, i f he disputes such report or any
statement therein, shall notify the other party of that fact within six
days, otherwise such report shall be prima facie evidence of the facts
therein stated in subsequent proceedings under this act.
3. If there be any dispute thereafter as to the condition of the work- Disputes,
man, the judge of the court which would have jurisdiction in a civil
case, or, where there is more than one judge of said court, then either
or any of said judges of said court, upon application of either party, shall
order an examination of the workman to be made by a medical practi
tioner appointed by the court. The fees of such examiner shall be fixed
73734°— Bull. 166— 15------ 6
82
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
by the court at not to exceed ten dollars, and shall be paid in advance
by the applicant. Such medical examiner shall report his conclu
sions from such examination to the court, and such report shall be prima
facie evidence of the facts therein stated in any subsequent proceedings
under this act.
Suspension of
S ec . 10. 1. If the workman refuses to submit himself to a medical
rights.
examination as provided in section 9, or in any wise obstructs the same,
his right to compensation and to take or prosecute any further pro
ceedings under this act shall be suspended until such examinations
take place. And, when a right to compensation is suspended no com
pensation shall be payable in respect of the period of suspension.
Notice and Sec. 11. 1. No proceedings under this act for compensation shall be
claim.
maintained unless a notice of the injury shall have been given to the
employer within fifteen days after the accident, or in case of death
within thirty days and unless either a claim for compensation with re
spect to such injury or any payment under section 8 of this act shall
have been made within six months after the date of the injury or death.
Such notice may be given or made by any person claiming to be en
titled to compensation or by some one in his behalf.
Statement to be S e c . 12. 1. It shall be the duty of the employer to cause to have
posted.
printed and to keep posted at some convenient and conspicuous point
about the place of business a notice reading substantially as follows:
“ In case oi accidental injury or death the injured employee or some
one acting in his behalf, must give notice to (here shall follow the name
and address of the party) within fifteen days, and unless notice be
given to above party within fifteen days, no payments will be made
under the law for such injury or death.” In the event of the failure
of the employer to keep posted said notice, the time in which notice
of the injury shall be given as provided in section 11 shall be extended
to six months from the date of injury.
Form of notice.
S e c. 13. 1. The notice and claim provided for in section 11 shall be
made in writing and such notice shall contain the name and address of
the employee, and shall state in ordinary language the time, place, na
ture and cause of the injury, and shall be signed by him or by a person
on his behalf, or, in the event of death, by any one or more of his de
pendents or by a person on their behalf. The notice may include the
claim.
S ec . 14. 1. Any notice or claim under this act shall be given to the
employer, or, if the employer be a partnership, then to any one of the
partners. If the employer be a corporation, then the notice may be
given to any agent of the corporation upon whom process may be
served, or to any officer of the corporation, or any agent in charge of the
business at the place where the injury occurred. If the employer be
a body politic then the notice may be given to the individual con
nected with said body politic upon whom process may be served: Pro
vided, however, That in any case notice of accident may be given to the
person designated in the notice posted in accordance with section 12.
Such notice shall be given by delivering it or sending it by mail by
registered letter addressed to the employer of his or its hereinabove
designated officer or agent at his or its last known residence or place of
business.
Sufficiency of
S ec . 15. 1. A notice given under the provisions of section 11 of this
notice.
act shall not be held invalid or insufficient by reason of any inaccuracy
in stating the time, place, nature or cause of the injury, or otherwise,
unless it is shown that the employer was in fact misled to his injury
thereby. Want of notice or delay in giving notice shall not be a bar to
proceedings under this act if it be shown that the employer, or his
agent or representative, had knowledge of the accident, or that the
employer has not been prejudiced by such delay or want of notice.
Persons not sui
S ec . 16. 1. In case an injured workman is mentally incompetent or
3Urls‘
a minor, or where death results from the injury, in case any of his de
pendents as herein defined is mentally incompetent or a minor, at the
time when any right, privilege or election accrues to him under this
act, his duly qualified curator or tutor, as the case may be, may, in
his behalf, claim and exercise such right, privilege or election, and no
To
given.
whom
LABOR LEGISLATION OF 1914---- LOUISIANA.
83
limitation of time, in this act provided for, shall run, so long as such
incompetent or minor has no curator or tutor as the case may be.
2. Payment of compensation under this section by an employer to ^ y m e n t s
a dependent subsequent in right to another or other dependents shallvalldprotect and discharge the employer unless and until such dependent
or dependents prior in right shall have given the employer notice of
his or their claim. In case the employer is in doubt as to the respective
rights of rival claimants the employer may apply to the court to decide
between them.
S ec . 17. 1. The interested parties shall have the right to settle all Agreements,
matters of compensation between themselves. But all agreements
of settlement shall be reduced to writing and shall be substantially in
accord with the various provisions of this act, and shall be approved by
the court which would have jurisdiction in a civil case, or, where there
is more than one judge of said court, then by either or any of said
judges of said court. The agreement between employer and employee
shall be presented to the court upon joint petition of employer and em
ployee, which petition must be verified by both parties. The settle
ment so approved shall be immediately entered as the judgment of
the court, and such judgment shall have the same force and effect and
may be satisfied as other judgments of the same court.
S ec . 18. 1. In case of a dispute over, or failure to agree upon a claim Reference
to
for compensation between employer and employee, or the dependents court*
of the employee, either party may present a verified complaint to the
judge of the court which would have jurisdiction in a civil case, or,
where there is more than one judge of said court, then to either or any of
said judges of such court, setting forth the names and residences of the
parties and the facts relating to employment at the time of injury, the
character and extent of the injury, the amount of wages being received
at the time of the injury, the knowledge of the employer or notice of the
occurrence of said injury, and such other facts as may be necessary and
proper for the information of said judge, and shall state the matter or
matters in dispute and the contention of the petitioner with reference
thereto.
2. Upon the presentation of such complaint, it shall be filed with the Hearings,
clerk of the court and the judge shall fix by order a time and place for
the hearing thereof, not less than three (3) weeks after the date of the
filing of said complaint. A copy of said complaint and order shall be
served as summons in a civil action upon the adverse party within four
(4) days after filing the complaint; within seven (7) days after the serv
ice of such complaint or petition the adverse party shall file an answer
to said petition, which shall admit or deny the substantial averments
of the petition, and shall state the contention of the defendant with
reference to the matter in dispute as disclosed by the petition. The
answer shall be verified in like manner as required for a complaint or
petition. The court in its discretion may grant further time for filing
the answer or hearing the complaint and allow amendments of said
petition and answer at any stage of the proceedings.
3. If the time fixed for filing answer or delay, granted for filing Judgment on
answer by the respondent has elapsed without an answer having been pe
filed, then upon simple request of petitioner the judge of the court,
with whom the complaint or petition has been filed shall immediately
enter a judgment in favor of petitioner in accord with the facts set
forth in the verified petition filed by petitioner and the provisions of
this act.
4. If an answer has been filed by the respondent within the delays Procedure,
allowed bylaw or granted by the court, or if no judgment has been en
tered as provided in the paragraph immediately above at the time fixed
for hearing, or any adjournment thereof, the said judge shall hear such
witnesses as may be presented by each party. Either party shall have
the right to be present at any hearing or to appear through an attorney
or any other agent. The judge shall not be bound by the usual common-law or statutory rules of evidence or by any technical or formal
rules of procedure other than as herein provided. The judge shall
decide the merits of the controversy as equitably, summarily, and
simply as may be. Costs may be awarded by said judge in his dis
cretion, and when so awarded the same costs shall be allowed, taxed
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BULLETIN OF T H E BUREAU OF LABOR STATISTICS.
and collected as are allowed, taxed and collected for like services and
proceedings in civil cases. The judgment rendered by the court shall
have the same force and effect and may be satisfied as other judgments
of the same court.
Appeals.
S e c . 19. 1. Either the employer or employee shall have the right to
appeal to the proper appellate court from the judgment rendered as
provided in paragraph 3 of section 1, and in section 18. To such an
appeal preference in hearing shall be given by the appellate court such
as is given in causes in which the State is an interested party. Such
appeal may be prosecuted by either employer or employee without the
necessity of furnishing an appeal bond and shall suspend the operation
of the judgment appealed from.
Modificationscf
S ec . 20. 1. A judgment of compensation may be modified at any
awards.
time by subsequent agreement between employer and employee, with
the approval of the judge of the court that rendered the judgment sought
to be modified, or any time after one year when said judgment of com
pensation shall have become operative, it may be reviewed by the judge
of the court that rendered the judgment sought to be modified upon the
application of either employer or employee, on the ground that the
incapacity of the injured employee has subsequently increased, such
increase growing directly out of the injury for which compensation had
been allowed or diminished. In such case the provisions of paragraphs
1 and 3 of section 9 with reference to medical examination shall apply.
Benefits preS ec . 21. 1. All rights of compensation granted by this act shall have
ferred.
the same preference and priority for th e whole th ereof against the assets
of the employer as is allowed by law for any unpaid wages for labor.
Exemptions.
S e c . 22 . 1 . Claims or payments due under this act shall not be assign
able and shall be exempt from all claims of creditors and from levy or
execution or attachment or garnishment except under a judgment of
court for alimony in favor of a wife or ascendant or descendant. Fees
of attorneys and physicians for services under this act shall be reason
able and measured according to the workman’s station and shall be
approved by the court.
Insurance poli- S ec . 23. 1.. No policy of insurance against liability arising under this
cies*
act shall be issued unless it contains the agreement of the insurer that
it will promptly pay to the person entitled to compensation all install
ments of the compensation that may be awarded or agreed upon, and
that the obligation shall not be affected by any default of the insured
after the injury, or by any default in the' giving of any notice required
by such policy, or otherwise. Such agreement shall be construed to be
a direct obligation by the insurer to the person entitled to compensa
tion, enforceable in his name. No policy of insurance against liability
under this act shall be made unless sucn policy shall cover the entire
liability of the employer under this act.
Presumptions
S e c . 24. 1. All policies insuring the payment of compensation under
as to knowledge, this act must contain a clause to the effect that as between the employee
and the insurer the notice to the insured or the knowledge of the occur
rence of the injury on the part of the insured shall be deemed to be
notice or knowledge on the part of the insurer, as the case may be, that
the jurisdiction of the insured for the purpose of this act shall be the
jurisdiction of the insurer; and that the insurer shall in all things be
bound by and subject to the awards, judgments, or decrees rendered
against such insured.
Rights of beneS ec . 25. 1. If any employer shall carry insurance against liability
ficiaries.
under this act, and said employer shall be or become insolvent, or any
execution upon a judgment for compensation is returned unsatisfied, an
employee of such employer, or the dependents of a deceased employee
who shall be entitled to payments under this actmay enforce their claim
to payments against the insurer of such employer to the same extent that
the employer could have enforced his claim against such insurer had he
made such payments, any provision contained in any policy or agree
ment of insurance written after the date of the approval of this act to the
contrary notwithstanding. And the making of accrued payments to the
person entitled thereto, in accordance with the provisions of this act,
shall relieve such insurer from liability.
LABOR LEGISLATION OF 1914---- LOUISIANA.
85
S e c . 26. 1. Every policy for the insurance of the compensation herein Policies subject
provided for, or against liability therefor, shall be deemed to be made t0 act*
subject to the provisions of this act. No company or association shall
enter into any such policy of insurance unless its form shall have been
approved by secretary of state of Louisiana.
S e c . 27. 1. An employer and employee who have elected to come Additional
under the provisions of this act or who may be under the provisions of benofitsthis act as provided in paragraph 1 of section 1, may by written agree
ment between themselves provide for compensation, in event of injury
to an employee, over and above the compensation to be awarded under
the provisions of this act. Such additional compensation may be
provided for by the employer insuring his liability therefor in any
insurance company or association authorized to do business in the State
of Louisiana, and the premium therefor may be paid by employer and
employee in such proportion as may be agreed upon between them.
Sec. 28. 1. No compensation shall be allowed for an injury caused (1) What injuries
by the injured employee’s willful intention to injure himself or to injure not comPensated.
another, or (2) by the injured employee’s intoxication at the time of the
injury, or (3) by the injured employee’s deliberate failure to use an
adequate guard or protection against accident provided for him, or (4) by
the employee’s deliberate breach of statutory regulations affecting
safety of life or limb.
2. In determining whether or not an employer shall be exempt from Burden of
and relieved of paying compensation because of injury sustained proof*
by an employee for the causes and reasons set forth in this section, the
burden of proofs shall be unon [upon] the employer.
S e c . 29. 1. Where a judgment has been rendered under the provi- Bonds oftusions of this act in favor of a minor or interdict, the tutor or curator shall tors»etc*
be required by the court to furnish a bond in favor of the court for the
faithful performance of his duties, and shall be required by the court to
furnish it annually with a report or accounting of the funds the said tutor
or curator may be administering for the said minor or interdict. This
report or accounting of the tutor or curator is not to be of the nature of the
report of the tutor or curator required to be filed under existing laws,
but it is to be a simple verified statement of the receipts of the tutor or
curator with a detailed accounting of the expenditures.
S e c . 30. 1. This act shall not be construed to apply to any employer . Interstate caracting as a common carrier while engaged in interstate or foreign com- ners*
merce by railroad, which employer, by reason of being engaged in inter
state or foreign commerce by railroad, is not subject exclusively to the
legislative power of the State of Louisiana, or for which employer and
the employee thereof a rule of liability or method of compensation has
been, or may be, established by the Congress of the United States; nor
shall it apply to any employee of such common carrier injured or killed
while so employed; and nothing in this act shall be construed to apply
to any work done by, nor shall any compensation be payable under this
act to, the master, officers, or any member of the crew of any vessel used
in interstate or foreign commerce which said vessel is not registered or
enrolled in the State of Louisiana.
2. Whenever an employee of a common carrier engaged in interstate
or foreign commerce by railroad shall sustain a personal injury by acci
dent, arising out of and in the course of his employment, resulting in his
disability or death, it shall be presumed prima facie that such employer
was, at the time of the accident, engaged in such commerce.
S ec . 31. 1. In case of personal injury (including death resulting Settlement in
therefrom) all claims for payments shall be forever barred unless within one year*
one year after the injury or death the parties shall have agreed upon the
payments to be made under this act, or unless within one year after the
injury proceedings have been begun as provided in sections 17 and 18 of
this act. Where, however, such payments have been made in any case,
said limitations shall not take effect until the expiration of one year from
the time of making the last payment.
S ec . 32. 1. In case any employee for whose injury or death payments T^° °r more
are due under this act shall, at the time of the injury be employed and emp yers
paid jointly by two or more employers subject to the provisions of this
act, such employers shall contribute to such payments in proportion to
their several wage liabilities to such employee: Provided, however, That
86
BULLETIN OF TH E BUBEAU OF LABOB STATISTICS.
nothing in this section shall prevent any arrangement between such
employers for different distribution as between themselves of the ulti
mate burden of such payments. If one or more, but not all such
employers should be subject to this act, then the liability of such of
them as are so subject shall be to pay that proportion of the entire pay
ments which their proportionate wage liability bears to the entire wages
of the employee: Provided, however, That such payment by such
employer subject to this act shall not bar the right of recovery against
any other joint employer.
Failure to pay
S e c . 33. 1. In event the employer against whom there has been ren
installments.
dered a judgment of court awarding compensation in favor of an
employee of [or] dependents should become insolvent or fail to pay six
successive installments as they become due, the installments not yet
payable under said judgment shall immediately become due and
exigible and the judgment shall become executory for the whole
amount: Provided, That where the employee is adequately protected
by insurance and receives payments thereunder this right shall not
accrue to the employee.
Rights exclu-• S e c . 34. 1. The rights and remedies herein granted to an employee
sive.
on account of a personal injury for which he is entitled to compensation
under this act shall be exclusive of all other rights and remedies of
such employee, his personal representatives, dependents, relations, or
otherwise on account of such injury.
Penalties.
S ec . 35. 1. Nothing in this act shall affect the liability of the em
ployer to a fine or penalty under any other statute.
Waivers.
S ec . 36. 1. No contract, rule, regulation or device whatsoever shall
operate to relieve the employer, in whole or in part, from any liability
created by this act except as herein provided.
Deception.
S ec . 37. 1. If for the purpose of obtaining or defeating any benefit or
payment under the provisions of this act, either for himself or any other
person, any person willfully makes a false statement or representation,
he shall be guilty of a misdemeanor and upon conviction thereof shall
be fined not exceeding five hundred dollars or imprisoned not exceed
ing twelve months, or both, in the discretion of the court; and an em
ployee from and after such conviction shall cease to receive any com
pensation under this act.
Accidents.
S ec . 38. 1. The word “ accident/’ as used in this act, shall, unless a
different meaning is clearly indicated by the context, be construed to
mean an unexpected or unforeseen event happening suddenly or vio
lently, with or without human fault and producing at the time objec
tive symptoms of an injury.
Injury.
S ec . 39. 1. The terms4‘ injury ” and ‘ ‘personal injuries ” shall include
only injuries by violence to the physical structure of the body and such
diseases or infections as naturally result therefrom. The said terms
shall in no case be construed to include any other form of disease or
derangement, howsoever caused or contracted.
Use of words.
Sec. 40. 1. Whenever in this act the singular is used, the plural shall
be included; where the masculine gender is used, the feminine shall
be included.
Provisions sev Sec. 41. 1. If any provision of this act shall be declared unconstitu-
erable.
tional 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 provision so declared unconstitutional or
invalid.
Pending cases.
Sec. 42. 1. This act shall not affect any cause or action existing or
pending before it went into effect.
Act in effect.
Sec. 43. 1. This act shall take effect and be in force from and after
January 1,1915.
Approved June 18, 1914.
A ct N o. 25.—Payment of wages—Semimonthly fay day.
Scope of law.
Section 1. Every corporation, company, association, partnership, or
individual person engaged in manufacturing of any kind in this State,
employing as many as ten (10) or more employees, and every publicservice corporation doing business in this State, shall be required to
LABOR LEGISLATION OF
87
1914---- LOUISIANA.
make full payment to employees for services performed as often as once
every two weeks, or twice during each calendar month, which pay days Frequency of
shall be two weeks apart as near as practicable, and such payment or1*87111611*8,
settlement shall include all amounts due for labor or services performed
up to not more than-seven days previous to the time of payment, except
that public-service corporations shall not be required to make payment
for labor or services performed up to more than fifteen days prior to
the time of payment: Provided, That except in the cases of publicservice corporations this act shall not apply to the clerical force or
salesmen.
Sec. 2. Any corporation or any member of the board of directors of a
corporation, foreman, manager, overseer, or paymaster of any company,
corporation, association or partnership, or other personhaving employees
under his control, who violates the provisions of this act shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined not
more than two hundred and fifty dollars, and may be imprisoned for not
less than ten days nor more than sixty days, or both, at the discretion of
the court, for each offense, and each day’s violation.
Violations,
Approved June 18,1914.
A ct N o .
62.— Termination of contract of employment—Forfeiting wages.
S ection 1. It shall hereafter be unlawful for any person, individual, c o n t r a c t s
firm or corporation acting either for themselves or as agents or other- bidden,
wise to require any of their employees to sign contracts by which said
employees shall forfeit their wages if discharged before the contract is
completed or if said employees resign their employment before said con
tract is completed; but in all such cases said employees shall be entitled
only to the wages actually earned up to the time of his discharge or
resignation.
S e c. 2. It shall be unlawful for any individual, person, firm or cor- Fines,
poration, acting either for themselves or otherwise, to assess any fines
against their employees or to deduct any sum as fines from the wages of
said employees: Provided, That this section shall not apply in cases
where the employees willfully or negligently damage goods or works or
in cases where the employees willfully or negligently damage or break
the property of the employers and in such cases the fines shall not
exceed the actual damage done.
Sec. 3. Any violation of this act shall be a misdemeanor and punishable by a fine of not less than $25 or more than $100 or imprisonment for
at least 30 days or not more than 3 months, at the discretion of the court.
Violations,
Approved July 3, 1914.
Act No. 91.—Employment of children—School attendance.
S ection 1. Parents having minor children between the age of eight School attendand fourteen years and tutors and guardians, or other persons havingancorequlr
the care of the person of minors between the age of eight and fourteen
years, in cities of over twenty-five thousand inhabitants, the Parish of
Orleans excepted, are required to send such minors to the public schools,
or other schools continuously for at least four months each year: Pro
vided, That separate public schools for the races are opened to receive
such minors for that time in each year, otherwise it shall be sufficient
that said minors attend school as long as the public-school term: And
providedfurther, That the provisions of this act shall not apply * * *
where a minor is the sole dependence of infirm persons or a mother or
sisters in necessitous circumstances, the same to appear from a certificate
signed by the superintendent of public schools of the place where such
minor resides.
Approved July 6,1914.
88
BULLETIN OF T H E BUREAU OF LABOR STATISTICS.
A ct
Age limit.
S ection 2. Section 1 of act 301 of 1908 [shall] be amended, so as to
read as follows:
[Section 1.] From and after the passage of this act it shall be unlaw
ful for a person, agent, firm, company, copartnership or corporation to
require or permit, or suffer or employ any child under the age of 14
years to labor or work in any mill, factory, mine, packing house, manu
facturing establishment, workshop, laundry, millinery or dressmaking
stores, or mercantile establishments, or hotel, or restaurants, or in any
theater or concert hall or in or about any place of amusement where
intoxicating liquors are made or sold or in any bowling alley, bootblacking establishment, freight or passenger elevators or in the trans
mission or distribution of messages, whether telegraph or telephone or
any other messages, or merchandise or in any other occupation what
soever: Provided, That the provisions of this act shall not affect act 176
of 1908 [regulating the sale of intoxicating liquors].
The provisions of this act shall not apply to agricultural pursuits.
Any violations of this act shall be punishable by a fine of not less than
$25 or more than $50 or by imprisonment in the parish jail, (parish
prison in New Orleans) for not less than 10 days or more than 6 months
or both, at the discretion of the court.
Approved July 8,1914.
A ct N o .
Instruction re
quired.
Certificate.
Exceptions.
Instructors.
Violations.
Proviso.
No. 133.—Employment of children—General provisions.
150.—Street railways—Motormen and conductors to be expe
rienced men.
S ection 1. No person shall act as motorman or conductor on any elec
tric street railway in the State of Louisiana unless he shall have first
received at least ten days instruction under a competent instructor or
instructors employed by the company in whose services he intends to
enter.
S e c . 2. After receiving such instruction and found qualified the last
instructor shall issue to such person a certificate of fitness showing his
competency either as motorman or conductor.
S ec. 3. This act shall not apply to bona fide experienced qualified
motormen or conductors possessing written evidence of their qualifica
tions and length of service from their last employers, which qualifica
tion must not be less than set out in section 1 hereof.
S ec . 4. Competent instructors under this act shall mean motormen
or conductors who have been for at least one year in the service of the
company that the applicant applies to.
S ec . 5. Any person violating the provisions of this act shall be
deemed guilty of a misdemeanor and upon conviction shall be fined
not less than ten dollars or mere than one hundred dollars or be im
prisoned not more than thirty days or both at the discretion of the
court: Provided, That in cities of less than 25,000 the experience and
qualification of conductors and motormen shall not be less than five
days:
Providing, That the provisions of this act shall not apply during
strikes.
Approved July 8, 1914.
A ct
Payment
quired.
Wagescon-
tinue.
No. 170.—Payment of wages due discharged employees.
S ection 1. It shall be the duty of every person, individual, firm or
corporation employing laborers or other persons of any kind whatever
when they have discharged said laborer or other employee, to imme
diately pay the laborer or employee the amount due him or them under
the terms of his or their employment whether by the day, week or
month: Provided, That at the time of discharge the said laborer or em
ployee has thereupon demanded from the employer the amount due
under his employment.
Sec. 2. Any individual, firm, person or corporation employing labor
ers or others in this State who shall fail or refuse to comply with the
provisions of article 1 of this act shall be liable to the said laborer or
89
LABOR LEGISLATION OF 1914---- LOUISIANA.
other employee for his full wages until the said person, firm, or corpora
tion shall pay or tender payment of the amount due such laborer or other
employee.
Approved July 9, 1914.
A ct N o .
171.—Fire escapes on factories, etc.
S ection 1. Every building in the State of Louisiana, having more What buildings
than two stories, and buildings having one or more galleries above the t0
6 escaPesfirst or ground floor, such as is customary in theaters, now used or here
after to be used, in whole or in part, as a public building, office build
ing, * * * and every building in which persons are usually em
ployed above the second story, in a factory, workshop, department
store, or mercantile establishment; every hotel, restaurant, * * *
shall have one or more fire escapes on the outside of the said buildings,
as may be directed by the State labor commissioner except in such
cases as he may deem such fire escapes to be unnecessary, in conse
quence of adequate provisi ons having been already made for safety in
event of fire or panic; and in such cases of exemption, the said State
labor commissioner shall give the owner, lessee, or occupant of said
building a certificate to that effect, and his reason therefor. And such Construction of
fire escapes as are provided for in this section shall be wrought iron, escapes*
constructed according to specifications to be issued or approved by the
State fire marshal, and shall be connected with each floor above the
first, firmly fastened and secured, and of sufficient strength to sustain a
weight of not less than four hundred pounds per step, on a safety factor
of four; each of which fire escapes shall have landings or balconies at each
story, capable of sustaining a weight of not less than eighty pounds per
square foot, guarded by railings, not less than three feet in height, and
embracing one or more windows or doors at each story, and connecting
with the interior by easily accessible and unobstructed openings; and
all the balconies or landings shall be connected by external iron stair
ways, placed at a slant of not more than forty-five degrees, protected by
well-secured handrails; the stairway steps to be not less than six inches
in width and twenty-four inches^in length. Fire escapes now in use
and hereafter erected must be painted once each year, and be kept in
a safe condition and up to the standard requirements of this section.
S e c . 2, Where any of the aforementioned buildings are so con- Inside escapes,
etructed that a fire escape can not be erected upon the same without
trespassing upon the p roperty of the owner or owners of adjoining lands
or buildings, and where permission to erect fire escapes has been refused
by said owners of adjoining lands or buildings, it shall be the duty of
the owner or owners of any of the aforementioned buildings, constructed
as aforesaid, to erect an internal fireproof means of escape, the same to
be located and erected under the direction of the State labor commis
sioner. Should the construction of any of the aforesaid buildings be
such as will neither permit of an external iron fire escape nor of an inter
nal fireproof escape, it is hereby enjoined upon the State labor commis
sioner to notify, in writing, the owner or owners of any building, so con
structed, to discontinue the occupancy of the whole or of a part of said
building for any of the purposes which make said building amendable
[amenable] to the fire-escape provisions of this act.
S ec . 3. To better secure compliance with the provisions of the fore- Duty of owngoing sections of this act, the owner or owners of any building now used ersfor other purposes than aforesaid, which is to be adapted to any of the
aforesaid uses, or of any building to be erected for any of the aforesaid
purposes, shall before adapting or erecting such building, submit to the
State fire marshal architectural designs and specifications of such build
ings, showing that compliance with the requirements of the foregoing
sections is provided for therein, and such building shall not be so
adapted or erected without the approval of the State fire marshal.
Sec. 4. The owner or owners of any of the buildings mentioned in
the foregoing provisions of this act, who shall willfully fail or refuse to
comply with the provisions of this act, or who shall willfully fail or
refuse to observe the orders for the enforcement of this act, issued to
said owner or owners by the State fire marshal or the State labor
Violations,
90
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
commissioner, shall be deemed guilty of a misdemeanor and on con
viction thereof, shall be punished by a fine of not less than one hundred
dollars nor more than five hundred dollars, or imprisonment of not less
than thirty days nor more than twelve months, or either or both, in
the discretion of the court. And in case of fire occurring in any of
said buildings, in the absence of such fire escapes, as provided for
in this act, the owner or owners aforesaid shall be liable for damages,
in case of death or personal injury, the result of fire or panic in any
of said buildings; and such action for damages may be maintained by
any person now authorized by law to sue, as in other case of loss by
death or injuries.
Approved July 9, 1914.
A ct No. 186.—Bureau of labor and industrial statistics.
S ection 1. Sections one (1), two (2), three (3), five (5), six (6)
* * * of act 155 of the general assembly of Louisiana approved
July 2nd, 1908, * * * [shall] be amended and reenacted so as to
read as follows:
kf?owmissioner Section 1. The governor shall, by and with the advice and consent
of labor.
of the senate, appoint some suitable person who shall be designated
“ commissioner of labor” and said commissioner of labor shall appoint
with the approval of the governor two suitable persons who shall be
Assistant com- designated assistant commissioners of labor,” said assistant commismissioners.
gioners shall be residents of different sections of the State from each
other and from the commissioner of labor. The headquarters of such
commissioner and assistant commissioners shall be fixed at such place
as the governor shall designate and they shall hold their offices for a
term of four (4) years. The assistant commissioners of labor shall
perform their duties under the direction and orders of the commis
sioner of labor.
Duties.
Sec. 2. The duties of said commissioner and said assistant commis
sioners shall be to visit and inspect manufacturing establishments,
workshops, mills, mercantile establishments, factories and other
places^ where industrial work is being done for the purpose of
enforcing the laws regulating or dealing with the conditions of em
ployment of labor of any kmd, and to prosecute all persons, firms,
associations or corporations violating the labor laws of the State.
It shall be the duty of such commissioner and assistant commissioners
to collect, assort, systematize, and present annual reports to the gov
ernor to be by him biennially transmitted to the general assembly,
within ten days after the convening thereof, statistical data relating
to all departments of labor in the State, especially such data as relate
to the commercial, industrial, social, educational and sanitary condi
tions of the laboring people and to the permanent prosperity of the
productive industries of the S t a t e I t shall also be the duty of said
commissioner and assistant commissioners and they shall have authority
to inquire into the causes of strikes, lockouts, or other disturbances of
the relation of employers and employees and to report to the governor
at as early a date as possible thereafter the result of such inquiry.
Powers.
Sec. 3. The commissioner or assistant commissioners shall have
power to take and preserve evidence, examine witnesses under oath
and administer the same, and in the discharge of his duties may enter
any public institution of the State, and at reasonable hours any factory,
mill, workshop, mercantile establishment or other places where labor
may be employed. In the city of New Orleans the mayor shall ap
point a factory inspector who may be either male or female. The
commissioner and each assistant commissioner shall have^ power to
investigate all cases where violations of the laws pertaining to the
conditions or employment of labor is complained of; and it is hereby
made the duty of said commissioner and assistant commissioners to
order the criminal prosecution in any competent court of any person,
firm, association or corporation, acting in violation of any laws of this
State, regulating the conditions of the employment of labor.
Hindering,etc.,
Sec. 5. Any person who shall willfully impede or prevent the comcommissioners.
miggioner or assistant commissioners in the full and free performance
91
LABOR LEGISLATION OF 1914-----LOUISIANA.
of his or their duties shall be deemed guilty of a misdemeanor and upon
conviction of the same shall be fined not less than ten (10) nor more
than fifty (50) dollars or be imprisoned not less than five (5) or more
than twenty-five (25) days in the parish jail, or both, at the discretion
of the court.
Sec. 6. The commissioner shall receive a salary of two thousand
dollars ($2,000) per annum and each assistant commissioner a salary
of fifteen hundred dollars ($1,500) per annum. The commissioner
shall employ a secretary at a salary of one thousand dollars ($1,000)
per annum. Each of said salaries shall be payable monthly. The
commissioner and assistant commissioners shall be allowed the sum of
five hundred dollars ($500) per annum for office expenses and a sum
not to exceed two thousand dollars ($2,000) per annum for traveling
expenses and all other necessary expenses incurred in the performance
of their duties. All of said amounts for salaries and expenses shall be
payable out of the general fund upon the warrant of the commissioner.
Approved July 9,1914.
A c t No.
Salaries,
201.—Hours o f labor o f stationary firemen.
S ection 1. No factory, manufacturing establishment, office build- Scope of law.
ing, hotel, warehouse, workshop or any business establishment, or
any person, firm or corporation in cities having a population of fifty
thousand or more shall compel the stationary firemen, as defined in
section five of this act, therein employed to work consecutively in
any one day, more than eight hours; that a full day’s labor shall be Eight-hour
composed of eight hours and no more.
y’
S ec . 2. The refusal by a stationary fireman, as defined under the Refusal to work
provisions of this act, to work for more than eight consecutive hours onS®r*
for each day’s work shall not be a lawful cause for discharging such
fireman.
S ec . 3. Any person, or corporation who shall violate any of the Violations,
provisions of this act, shall be deemed guilty of a misdemeanor 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, or both, at the discretion of the court.
S ec . 4. In all cities and parishes it shall be the duty of the inspector Enforcement,
of police, superintendent or chief officer of police, by suitable inspec
tions 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 inspector of police, superintendent, or chief officer
of police, shall detail such portion of the force under him as he shall
deem necessary for inspection from time to time, of all places where
stationary firemen as defined under this act, may be employed. In
towns and parishes the mayor or chief officer thereof shall perform the
duties above imposed on the inspector of police, superintendent or
chief officer of police in cities.
S ec . 5. The term “ stationary fireman” wherever used in this act Definition,
shall be deemed and mean to apply to any person employed in the
generation of steam in stationary boilers in which coal is used as fuel.
Approved July 9, 1914.
A ct
No. 294.—Labor organizations— Protection o f employees as members.
S ection 1. It shall be unlawful for any individual or member of Coercion as to
any firm, or any agent, officer or employees of any company or corpora- memberslliPtion, to coerce, require, demand or influence any person or persons to
enter into any agreement, either written, verbal, or implied, not to
join or become or remain a member of any labor organization or asso
ciation, as a condition of such person or persons securing employment or
continuing in the employment of such individual, firm or corporation.
Sec. 2. Any individual or member of any firm, or any agent, officer
or employee of any company or corporation violating the provisions of
Violations,
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BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
this act shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in a sum not less than fifty dollars ($50), or im
prisoned in the parish jail not less than thirty days.
Approved July 9,1914.
A c t N o.
Municipalities
S ection 1.
may establish,
foy ordinance
307.—Free public employment offices.
Municipalities are hereby authorized and empowered,
of the council, to establish and maintain a free employ
ment bureau, and no bond shall be required in connection therewith,
nor shall any license whatever, or taxes of any kind, be assessed or
levied against such agency.
N ojees to be
S ec. 2. N o fees, of any nature, whatever [shall] be required for any
charged.
purpose, by such municipal employment bureau.
Approved July 9,1914.
MARYLAND.
ACTS OF 1914.
C h a p t e r 26.— D a y s o f re st f o r r a i lr o a d e m p lo y e e s .
S ection 1. A neW section is hereby enacted and added to article 23
of the Code of Public Civil Laws of Maryland of 1911 * * * to be
known as section 325-A, and to be and read as follows:
Section 325-A. Any person employed as signalman, towerman, gate- ScoPe of law.
man, lever man, agent, train dispatcher, telegraph or telephone operator
in a railroad signal tower or public railroad station to receive or transmit
a telegraphic or telephonic message or train order for the movement of
trains and who works eight hours or more in any twenty-four each and
every day continuously, and all lever men employed in connection with
the reception or transmission of a telegraphic or telephonic message or
train order for the movement of trains and who work the number of
hours aforesaid must have and shall be allowed at least two days of Two days per
twenty-four hours each in each and every calendar month for rest with
the regular compensation; except in cases of extraordinary emergency
caused by accident, fire, flood, or danger to life or property, and for such
extra service in case or cases of such emergency, such employee or em
ployees who shall work on extra days by reason of such emergency shall
be paid in addition to his regular compensation for and during the cal
endar month in which such extra service shall be rendered an amount
equal to his average daily compensation for each day during which he
performs such extra service. Any person or persons, company, corpora
tion or association, who shall violate any of the provisions of this section
shall on conviction pay a fine of not less than one hundred dollars ($100)
for each violation thereof, and such fine shall be recovered by an action
of debt in the name of the State of Maryland for the use of the State,
.which shall sue for it against such person, company, coloration or asso
ciation violating this section, said suit to be instituted in any court of
this State having appropriate jurisdiction, and such fine when recovered,
as aforesaid, shall be paid without any deduction whatever, one-half
thereof to the informer and the balance thereof to be paid into the public
school fund of the State of Maryland.
Approved March 4, 1914.
C h a p t e r 27.— E m p lo y m e n t o f c h ild r e n i n street tra d e s .
S ection 1. Section 26 of chapter 731 of the Acts of the General
Assembly of Maryland passed at the January session of 1912, * * *
is hereby repealed and reenacted so as to read as follows:
Section 26. No boy under ten years of age and no girl under sixteen Age limits for
years of age shall in any city having a population of 20,000 or over disys
tribute, sell, expose or offer for sale newspapers, magazines or periodi
cals in any street or public place: P r o v id e d , That nothing herein shall be
construed to forbid the serving of newspapers on a regular route by boys
under said age: A n d p r o v id e d , Said service shall not be made during the
hours when the public schools of said city are in session.
Approved March 4, 1914.
C h a p t e r 81.— I n s p e c t io n a n d r e g u la t io n o f fa c t o r ie s , etc.— C ig a r f a c t o r ie s .
S ection 1. One new section [shall] be added to article 27 of the Code
of Public General Laws of Maryland, * * * to be known as section
244-A , and to read as follows:
Section 244-A. It shall be unlawful for any person, firm, corporation Standing or sitor association engaged in the manufacture of cigars to cause or permit forbidden. m°
any person, whether employee
member of such firm, corporation or
93
94
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
association or other person to stand or sit 0 11 or upon any mold, form or
press that may be used in the molding, forming or pressing of cigars during
the course or process of manufacture while such mold, form or press is
being so used; and any such person, firm, corporation or association
violating or causing to be violated the provisions of this section shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than five dollars ($5) for the first offense;
and not more than fifty ($50) for the second and each subsequent offense.
Approved March 17, 1914.
Ch a p t e r
382.—E m p lo y m e n t
o f w o m e n —^ In s p e cto rs.
S ection 1. Section 16 of article 100 of the Code of Public General
Laws, * * * is hereby repealed and reenacted so as to read as
follows:
inspectors to
Section 16. The governor shall appoint in the year 1912 and every
be appointed.
fourth year thereafter, in the month of May, an inspector and two assist
ant inspectors of female labor, who shall be female citizens of this State
of good moral character. The inspector shall receive a salary of twelve
hundred dollars ($1,200) annually, and each of the assistant inspectors
a salary of nine hundred dollars ($900) annually, and they shall be
further paid the actual and necessary expense incurred by them in the
discharge of their duties. They shall hold office for four years and until
their respective successors shall have been appointed and have quali
fied, but may be removed by the governor at any time, a specific written
statement of 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 of the unexpired term. The sum of six thousand dollars
($6,000) per annum, or as much thereof as may be needed in each year
is hereby appropriated to carry out the provisions of this and the next
succeeding sections.
Approved April 10, 1914.
Ch a p t e r
O ffice t °
429.— F r e e
p u b l i c e m p lo y m e n t office — A g r i c u l t u r a l la b o r .
S ection 1. Two new sections are hereby added to article 45-A of the
Code of Public General Laws of Maryland, entitled ‘ ‘Immigration, ”
and to be designated as sections 4a and 4b, * * *
be esSection 4b. There shall be established in connection with the immigration bureau an agricultural employment department for the purpose
of securing gratuitously efficient farm help to meet the demands for such
labor in the agricultural communities of this State. There shall be kept
a record of those applying for farm help and also of those seeking such
employment with other data as to age, character and capacity of the
applicant for work. And the commissioners of immigration shall use
such means as, in their judgment, will meet the demands of this
department.
Approved April 10, 1914.
Ch a p t e r
460.— C o m m is s io n
o n m in e r e g u la t io n s .
S ection 1. William J. Witzenbacker, of Washington County; David
j
of Allegany County, and Emory L. Coblentz, of Frederick
County, are hereby appointed and constituted a commission to consider
and report to the governor and the general assembly such plans and
measures as they may deem appropriate for the due protection of the
lives and health of the miners of Maryland in their hazardous occupa
tion, and to return and recommend with their said report upon said sub
ject to the governor and the general assembly a form of an act or statute
embodying such plans and measures as the said commission may report
and commend as appropriate and desirable for the purpose aforesaid.
Service honorS e c . 2. The service of the members of the said commission shall be
ary*
honorary and without compensation, and that the said commission shall
submit to the governor and the general assembly the report and the
form of act or statute, mentioned in section 1 hereof, on or before the
January first, nineteen hundred and sixteen.
Approved April 13, 1914.
Commission to
be appointed.
LABOR LEGISLATION OF 1914---- MARYLAND.
C h a p te r
489.—
W o r k m e n 's
c o m p e n s a tio n ,
c o m p a n ie s .
in s u r a n c e ,
95
etc. — M u t u a l
S ection 1. Section 154 of article 23 of the Code of Public General Scope of law.
Laws * * * is hereby repealed and reenacted with amendments,
and immediately thereafter is [are] hereby added ten new sections, to be
designated sections 154-A, 154-B, 154r-C, 154-D, 154-E, 154-F, 154-G,
154-H, 154-1, and 154r-J, pertaining to the organization and regulation
of and in relation to mutual insurance associations for insuring em
ployers against loss, damage or compensation resulting from injuries
suffered by employees or other persons for which the employer or person
insured is liable, and to injured employees, or, in the event of death,
to their dependents, payment of the compensation for such injuries,
and for insuring sick, old-age, nonemployment, and other benefits to
such employees.
Section 154. Corporations may be formed under the provisions of What compathis article, for insurance purposes, and may be formed either as mutual
inC°r"
or stock companies or as mutual or stock companies combined, as shall
be determined and declared in the certificate of incorporation of any
such company.
__ ,
.
Sec. 154-A. No mutual insurance association or company hereafter pweSrequired"
incorporated under the provisions of this article, for the purpose of insuring employers against loss or damage resulting from accident to or in
jury suffered by an employee or other other [sic] person and for which the
employer or person insured is liable, or the liability of the employer to
pay compensation to his employees or for insuring payment of the com
pensation to injured employees or their dependents under any work
men’s compensation law, or against loss or damage caused by a truck,
wagon or other vehicle propelled by steam, gas, gasoline, electric, me
chanical or other power or drawn by horses or mules used in trade or
manufacture and owned by any such employer or person to any other
person or to the property of another for which loss or damage the em
ployer or person insured is liable, or for insuring sick, old-age, nonem
ployment, or other benefits to such employees, shall begin or transact
any such business of insurance unless and until at least twenty em
ployers, employing not less than two thousand employees, have become
members of such mutual insurance association ana applied for and
agreed to take insurance therein, covering the liability of such em
ployers to their employees for accidents to or injuries suffered by such
employees and assuring payment of compensation to their employees
or the dependents of their employees for such injuries, nor until such
facts have been certified under oath to the State insurance commis
sioner by at least three of the persons signing the certificate of incor
poration of such association ana a license authorizing such association license,
to begin writing the insurance specified in this section has been issued
by the State insurance commissioner. Before granting any such license
it shall be the duty of the State insurance commissioner to ascertain to
his satisfaction that the membership list of the association is genuine,
and that every member thereof will take the policies as agreed by him
within thirty days of the granting of the license to such association to
issue policies. If at any time the number of members falls below
twenty or the number of employees who are employed by the members
of any such association falls below two thousand, no more policies shall
be issued by such association until other employers have made bona
fide applications for insurance therein, who, together with the existing
members, amount to not less than twenty employers who employ not
less than two thousand employees, and in the event that such applica
tions for insurance shall not be obtained within a reasonable time, to be
fixed by the State insurance commissioner, said insurance commis
sioner may take the proceedings against such association under and as
provided in subsection or division seventh of section 178 of this article
(Bagby’s Code).
The members of any such mutual insurance association shall be policy Lapse of memholders therein or contributors to the fund, and when any member,
p*
ceases to be a policy holder or contributor to the fund he shall cease, at
the same time, to be a member of such association. A corporation,
96
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
partnership, association or joint stock company may become a member
of such mutual insurance association and may authorize another person
to represent it in any such insurance association, and such representa
tive shall have all the rights of any individual member. Any person
acting as employer in the capacity of a receiver or trustee may insure
in such association and as such receiver or trustee may assume the lia
bilities and be entitled to the rights of a member, but shall not be per
sonally liable upon such contract of insurance.
Any such insurance association may borrow money or assume liability
in a sum sufficient to defray the reasonable expenses of its organization.
Directors and Sec. 154-B. Any such mutual insurance association shall have not
o cers.
less than nine directors, and such officers as shall be provided in the
certificate of incorporation or by the by-laws made by the members.
The directors shall be elected annually by the votes of the members.
All except three of the directors of any such association elected after its
organization is completed and it is authorized to begin issuing insur
ance policies shall be members of such association. All the officers ex
cept the secretary, assistant secretary and the actuary must be mem
bers of the board of directors.
Voting.
gec i54_c. At all meetings of the members of the association each
employer member shall have one vote and one additional vote for every
five hundred employees or major fraction thereof? covered by the policy
held by such employer member in the association: Provided, That no
such employer member shall have more than ten votes. The number
of votes of an employer member shall be determined by the average
number of employees at work and covered by said member ’s policy in
the association during the last six months from a date not less than ten
days immediately prior to the date of any such meeting. Before any
such employer member shall be permitted to cast more than one vote
at any meeting of members he shall file with the secretary an affidavit
showing the average number of employees at work during the preceding
six months covered by the employer’s policy of insurance.
be^reSre^ented* ^ any of the employees of any such employer members shall conwhen.
* tribute to the funds of any such association for the purpose of being in
sured against temporary disability, sickness, old age or nonemploy
ment they shall be members of such association and entitled to elect
from among their number representatives equal in number to the
number of votes that all of the employer members of such association
are entitled to cast at any meeting of the members of such association.
Each of the representatives elected by the employee members shall be
entitled to one vote at any meeting of them [sic] members of such assoL i a b i l i t y c^a^on and shall be eligible as directors or officers of such association,
of members.
Sec. 154-D. The association may in its by-laws and policies fix the
contingent mutual liability of the members for the payment of losses
and expenses not provided for by its cash funds; but such contingent
liability of a member shall not be less than an amount equal to and in
addition to the cash premium written in the policy. If the association
is not possessed of cash funds above its unearned premium sufficient
for the payment of incurred losses and expenses, it shall make an assess
ment 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 be liable to pay and shall pay his pro
portionate part of any assessment which may be laid by the association
m accordance with law and his contract, on account [of] losses and
expenses incurred while he was a member, if he is notified of such as
sessment within one year after the expiration of his policy. All assess
ments of employer members shall be based upon present values of all
future payments, and all proposed premium assessments shall be filed
in the State insurance department and shall not take effect until ap
proved by the State insurance commissioner, after such investigation
as he may deem necessary. All funds of the association and the con
tingent liability of the members thereof shall be available for the payment of any claim against the association.
Dividends.
Sec. 154-E. The board of directors may, from time to time, 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 compen
LABOR LEGISLATION OF 1914---- MARYLAND.
97
sation and other policy obligations which may be payable on account of
injuries by accident and other disabilities sustained and expenses in
curred. Any such association may hold cash assets in excess of its lia
bilities, but such excess shall be limited to one hundred per centum of
its reserves for losses and expenses incurred, and may be used from time
to time in payment of losses, dividends and expenses.
Sec. 154-F. Such association shall be required to maintain the same Reserves,
reserves for the protection of policy holders and employees who may
have a right of action directly against such association as are required
to be maintained by stock insurance companies in relation to the same
class of insurance, except that reserves for liability for insurance of
compensation under the workmen’s compensation law shall be the
same reserves as provided by the State industrial commission for the
accident insurance fund established in pursuance to said workmen’s
compensation law, and the State insurance commissioner may suspend
or cancel the certificate issued by him authorizing said association to
transact such insurance business at any time when in the judgment of
the State insurance commissioner the reserves of said association are
insufficient to insure and secure the payment of its policy obligations,
and the State insurance commissioner may reinstate or renew said cer
tificate whenever by assessment or otherwise said reserves have been
increased to a sum sufficient, in his judgment, to insure and secure the
payment of thepolicy obligations of such association.
Sec. 154-G. Every such association shall make reports to the State Reports,
insurance commissioner at the same time and in the same manner as
are required from stock insurance companies transacting the same kind
of business, and the State insurance commissioner may examine into
the affairs of such association at any time, either personally or by any
duly authorized examiner appointed by him but he must make such an
examination into the affairs of said association at least once in every two
years.
Sec. 154-H. The members of any such mutual insurance association Rules andregumay make reasonable rules and regulations, not in conflict with the ons‘
laws of the State, for the betterment of the industries in which they
are engaged, including particularly rules and regulations for the pre
vention of accidents to employees on the premises of employer mem
bers, and they may impose fines and forfeitures for the violation of any
such rules and regulations. Such rules and regulations and fines ana
forfeitures shall be submitted to the State industrial commission, and
when approved by it shall be enforced by the directors of any such
association. Should the members of such an association fail to make
such reasonable rules and regulations the directors thereof shall make
and submit them to the State industrial commission for its approval,
and when approved by said commission the directors of such association
shall enforce them. If such an association appoints one or more in
spectors or experts for the purpose of accident prevention they shall
have free access to all premises of employer members, where work is
being conducted, during regular working hours. The policy of any
member neglecting to provide suitable safety appliances as provided
by law or as required by the rules and regulations of the association
may be canceled and terminated by the board of directors after giving
to such member notice of such cancellation ten days prior to its becom
ing effective..
Sec. 154-1. After January first, nineteen hundred and sixteen, the Foreign corpoState insurance commissioner may, in his discretion, issue a certificate ratlons*
of authority to a mutual association organized under the laws of another
State to do such insurance in this State: Provided, That in no event
shall authority be given to any such mutual association to do other
kinds of business than those specified in section 154-A of this article.
Such association shall be required to maintain the same reserves for the
protection of members and employees as are required for domestic asso
ciations authorized to transact the same kind of insurance.
Sec. 154-J. Nothing in this article shall prevent any employer and Establishment
his or its employees, subject to the approval of the State industrial agreements‘
commission, from agreeing upon and conducting any scheme of com73734°— Bull. 166— 15----- 7
98
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
pensation, benefit or insurance for the purpose of insuring the pay
ment of compensation or any other liability of such employer to his
employees, or, in the event of death, to the dependents of such em
ployees as the result of accidental injury to such employees, or for
insuring to such employees sick, old-age or other benefits: Provided,
Any such scheme of compensation, benefit or insurance shall maintain
the same reserve as is required under section 154-F of this article of
mutual insurance associations for the same kind of business and shall
make reports to the State insurance commissioner and shall be subject
to examination by him as is provided in section 154-G of this article
for mutual insurance associations. But no such scheme shall assume
License.
any insurance risk until it receives a license from the State insurance
commissioner, who shall not grant or issue to it any license until the
State industrial commission certifies to him its approval of the plan of
such scheme. And no such scheme shall be so approved or certified
by the State industrial commission unless there are at least five hundred
employees to be insured therein and the premium rates to be paid are,
in the judgment of said commission, adequate for the benefits promised,
and unless the scheme provides for extra payments thereto in the event
they should be necessary to maintain the required reserve. But the
approval of any such scheme for the insurance of so small a number of
employees as five hundred shall be discretionary with the State indus
trial commission, which shall withhold its approval of any such scheme
for the insurance of a smaller number than two thousand employees
unless the financial plan of the scheme is especially strong or the risk
of hazard is exceptionally low.
Revocation of
If the State industrial commission shall at any time find that the
license.
scheme no longer fulfills the requirements of this section, or is not
fairly administered, or other valid and substantial reasons therefor
exist, it shall withdraw its approval and so notify the State insurance
commissioner, who shall revoke the license of such scheme. When
such a license is revoked or expires, any moneys or securities held for
the purposes of the scheme, shall, after due provision has been made to
discharge the liabilities already accrued, be disposed of or distributed
as may be arranged between the employer and his employees, or as may
be determined by the commission, m the event of a difference of opin
ion, according to the rights of the parties.
Where such an approved or certified scheme of compensation, benefit
or insurance is in effect the employer shall answer all inquiries in
regard thereto as may be required by the State industrial commission.
Approved April 16, 1914.
Chapter 675.—Inspection of factories, etc.—Health officers.
Section 1. Section 2 of article 43 of the Code of Public General Laws
of Maryland, title “ Health,” is hereby repealed and reenacted with
amendments, so as to read as follows:
Powers of State
Section 2. The State board of health shall have the general care of the
board of health. ganitary interests of the people of this State; they shall make sanitary
investigations and inquiries respecting the causes of disease, and espe
cially epidemics, the causes of mortality and the influence of locality,
employments, habits and other circumstances and conditions upon tne
health of the people; * * *
N e w sections
S ec . 4. S ix additional sections are hereby added to article 43 of the
added.
Code of Public General Laws of Maryland, title ‘ ‘ Health, ’ ’ said sections
to follow immediately after section 5 of article 43 and to be designated
as section 5-A, section 5-B, section 5-C, * * * said sections to
read as follows:
Districts.
Section 5-A. The State Board of Health of Maryland shall divide the
State outside of Baltimore City into ten sanitary districts following
county lines, and upon the recommendation of its secretary, and by a
majority vote thereof, it shall appoint a deputy State health officer for
each sanitary district.
Deputies.
Sec. 5-B. The deputy State health officers shall be trained in sani
tary science and hygiene, and shall possess the same qualifications re
quired of the State health officer, and shall hold their office during
LABOR LEGISLATION OF 1914---- MARYLAND.
99
efficiency and good behavior, but may be removed for cause by a
majority vote of the State board of health after having been given an
opportunity to be heard in their own defense. No deputy State health
officer shall practice medicine or engage in any other occupation which
would conflict with the performance of his official duties. Each dep
uty State health officer shall have an office located at some accessible
point designated by the State board of health, within his sanitary dis
trict, and he shall receive an annual salary to be fixed by the State
board of health to be not less than twelve hundred dollars nor more
than twenty-five hundred dollars per annum, and shall also receive his
expenses actually and necessarily incurred in the performance of his
official duties.
Sec. 5-0. Each deputy State health officer, under the direction of Powers of depthe State board of health and the State health officer, shall have juris- uties*
diction throughout his district; and he shall have the right of entry
into any workshop, factory, dairy, creamery, slaughterhouse, or other
place of business or employment, or into any private house, when in
pursuit of his official duties. He shall carry out the instructions of the
State board of health and shall make such investigations and reports
as said State board of health may require. He shall, when required
by the State board of health, inspect and report upon the sanitary
condition of streams and sources of public water supply, sewerage
facilities, schools and schoolhouses, dairies, creameries, slaughter
houses, workshops and factories, and all places where offensive trades
or industries are conducted in his district. * * *
Approved April 16, 1914.
Ch a p t e r
678.—Inspection and regulation o f factories, etc.—Manu
facture of food products.
S ection 1. From and after the approval of this act, all matters and Scope of law.
things relating to the sanitation of factories, canneries, bakeries,
confectioneries, creameries, milk plants and distributing dairies,
hotels, restaurants or eating houses, packing and slaughter houses,
ice-cream plants, and other places where food products are manufac
tured, packed, stored, deposited, collected, prepared, produced or sold
for any purpose whatever, shall be under the supervision of the State .'Who to superBoard of Health of Maryland, which said State board of health, with its vlse’
officers and such agents as may be appointed by it, is hereby vested
with power and authority to carry into effect the provisions hereof.
S e c . 2. The said State Board of Health of Maryland shall cause to Inspection,
be inspected at reasonable hours, and as often as practicable, all fac
tories, canneries, bakeries, confectioneries, creameries, milk plants
and distributing dairies, hotels, restaurants or eating houses, packing
and slaughter houses, ice-cream plants, and other places where food
products are manufactured, packed, stored, deposited, collected, pre
pared, produced or sold for any purpose whatever, ana to enforce the
correction of all unsanitary conditions and practices found therein.
S ec . 3. The said State Board of Health of Maryland and its agents Sanitary
reand inspectors in the discharge of their duties under the provisions Q^ements.
hereof and every person, firm, association or corporation engaged in the
handling of food and food products, shall be governed by the following
rules and regulations, which are hereby made the law of this State:
(a)
The floors, side walls, ceilings, furniture, receptacles, imple
ments and machinery of every establishment or place where food is
manufactured, packed, stored, sold or distributed, and all cars, trucks,
and vehicles used in the transportation of food products, shall at all
times be kept in a clean and sanitary condition. Unclean and unsani
tary conditions shall be deemed to exist if the food in the process of
manufacture, preparation, packing, storing, ^sale, distribution or
transportation, is not protected as far as practicable from flies, filth
and all foreign or injurious contamination; or if the refuse, dirt and
waste products subject to decomposition and fermentation incident
to the manufacture, preparation, packing, storing, selling, distribu
tion and transportation of food, are not removed daily; or if all the
trucks, trays, boxes, baskets and other receptacles, chutes, platform,
100
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
racks, tables, shelves and knives, saw.', cleavers and other utensils
and other machinery used in moving, handling, cutting, chopping,
mixing, canning, and all processes, are not at all times kept clean, or
if the clothing and body of operatives, employees, clerks or other per
sons therein employed are not kept as clean as the nature of their
employment will permit.
(b) The side walls and ceilings of every bakery, confectionery,
creamery, cheese factory, ice-cream plant, milk plant and distribut
ing dairy, hotel and restaurant kitchen, shall be kept clean; and the
floor of every building, room, basement, cellar or other place occupied
or used for the preparation, manufacture, packing, storing, selling or
distribution of food must be kept clean.
(c) Every building, room, basement, cellar or other place occupied
or used for the preparation, manufacture, packing, canning, sale or
distribution of food, shall have convenient toilet or toilet rooms
which shall be kept separate or partitioned from the room or rooms
where the process of production, manufacture, packing, canning, sell
ing or distribution is conducted, and the floor and all parts of such
toilet room shall be kept clean.
(d) No person or persons shall sleep in any workroom of a bakeshop,
creamery, cheese factory, milk plant or distributing dairy, ice-cream
plant or in the kitchen, dining room or food storage room of any hotel,
restaurant or boarding house.
(e) No employer shall knowingly require, permit or suffer any per
son to work, nor shall any person knowingly work in any building,
room, basement, cellar or vehicle, or any other place occupied or used
for the production, preparation, manufacture, packing, storage, sale,
collection, distribution and transportation of food, who is affected
with any venereal disease, smallpox, diphtheria, scarlet fever, yellow
fever, tuberculosis or consumption, bubonic plague, Asiatic cholera,
leprosy, trachoma, typhoid fever, epidemic dysentery, measles,
mumps, German measles, whooping cough, chicken pox, or any other
infectious or contagious diseases, unless a person so affected shall
produce a certificate from the State board of health granting him or her
permission to work or be employed as aforesaid.
(f) Every building, basement, cellar or other place occupied or used
for the preparation, manufacture, packing, canning, sale or distribu
tion of food, shall have a convenient lavatory and shall be supplied
with soap, water and towels maintained in a sanitary condition.
All persons, firms, or corporations, operating canning factories
affected by this act, shall be subject to the following additional rules
and regulations, which are hereby made the law of this State:
(g) All rooms in which fruits, vegetables, or by-products thereof are
packed and preserved, and in which manufacturing is actually carried
on, shall be provided with smooth, water-tight floors, made of concrete
or wood, which can be properly cleansed, except when the factory is
built over flowing water of sufficient volume to carry away all waste
liquids, an open floor may be permitted in the discretion of the board.
(h) Adequately equipped wash stations and places where employees
may change their clothing and hang the clothes not in use, shall be
provided for male and female employees.
(i) Separate toilet rooms shall be maintained for male and female
employees.
(f) Living quarters, if provided by the canner, shall have water
proof roofs ana tight board floors, and shall be provided with ample
light and ventilation, and provision shall be made therein for the
proper separation and privacy of sexes. An ample supply of pure
drinking water shall be furnished within reasonable distance o f the
living quarters.
(k) Adequate drainage shall be provided to lead all waste liquids
outside and away from the building.
(1) No litter, drainage or waste matter of any kind shall be allowed
to collect in and around the buildings, and the surroundings shall be
kept in a clean and sanitary condition.
(m) Occupants of living quarters provided by the canner shall be
required to keep the same in a clean and sanitary condition.
(n) Employees are prohibited from smoking or spitting^ in any
room in the cannery where foods are being prepared for canning.
LABOR LEGISLATION OF 1914---- MARYLAND.
101
(o)^ Female employees who work where foods are being prepared for
canning shall wear clean aprons or dresses made of washable fabrics
and shall also wear clean, washable caps over the hair.
(p) Employees with infected wounds on the hands or arms are pro
hibited from handling food products, or the containers in which they
are placed, before such containers are sealed or capped. Clean cuts,
which are not infected, shall be covered with rubber cots securely
fastened.
S e c . 4. Whenever any person, firm or corporation shall violate any Violations,
of the provisions of this act, the said State Board of Health of Maryland
shall cause the person, firm or corporation so violating to be prosecuted
before any justice of the peace in any county of this State where such
offense is committed, or before any committing magistrate in the city
of Baltimore: Provided, That the accused shall have the right of trial
by a jury if he so elects, and the right of appeal from the decision of the
justice of the peace where the accused does not elect a jury trial; and
that in any such case the State Board of Health of Maryland shall before
prosecuting such person, firm or corporation, cause an order to be served
on such person, firm or corporation commanding him or it to discontinue
or abate such violation or to make such improvements as may be neces
sary to abate such violation, within a reasonable time to be fixed by
the said board and stated in said order. Such order shall be in writing
and the person receiving such order shall have the right to be heard,
either in person or by attorney, by the said State Board of Health of
Maryland.
S e c . 5. Any person, firm or corporation who violates any of the pro- Penalties,
visions of this act, or refuses, neglects or fails to comply with the pro
visions and requirements hereof, or fails to comply with any lawful
order or requirements of said board of health duly made in writing as
herein provided, shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall, for the first offense, be fined not more than
fifty dollars; for the second offense, not more than one hundred dollars;
and for the third offense, not more than three hundred dollars.
S e c . 6. The State Board of Health of Maryland, its agents and Admission to
servants, are hereby authorized and empowered to enter at reasonable establishments,
hours the premises of any establishment in this State, or into any
room in any building in this State engaged in any business herein set
forth, for the purpose of inspecting and enforcing the provisions of
this act; and any person, firm or corporation engaged in the business
aforesaid refusing access to the said State Board of Health of Maryland,
its officers and agents, or in any way interfering with them m the
exercise of their duties, shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in the sum not exceeding one hun
dred dollars for each offense.
S e c . 7. The said State Board of Health of Maryland shall have the Board may
power to adopt, from time to time, promulgate and publish by cir- make •es*
cular or otherwise, such general rules and regulations for the enforce
ment of the act and for the government of the inspectors and employees
of the said board as may be necessary, and it shall have prepared and
printed abstracts of this law which shall be furnished to any person,
firm or corporation in this State demanding the same: Provided, how
ever, That before finally adopting or enforcing such general rules and
regulations hereinbefore referred to, the said State board of health
shall give at least 30 days’ notice, by publication, circular or other
wise, informing all persons who may be interested m the enforcement
of said rules and regulations that said board of health will hear such
persons on a certain day or days named in said notice for the purpose
of receiving and considering suggestions before the final adoption of
such rules or regulations. The said notice shall contain a copy of the
proposed rules and regulations.
Approved April 16, 1914.
Ch a p t e r
779.—Inspection and regulation of factories, etc.—Sweat shops.
1. Sections 243, 244, 245,246, 247, 248, * * * of article
27 of the Code of Public General Laws, * * * are hereby repealed
and reenacted with amendments so as to read as follows:
S ection
102
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Establishments
Section 243. The owner of every factory, manufacturing and mechanto be registered. i caj establishment and workshop, and of every store or other mercan
tile establishment employing five or more persons, shall register same
with the bureau of statistics and information, giving the name and
home address of the owner, and if the owner is a corporation, the name
and home address of its president and manager or chief business agent,
the address of the business, the name under which it is carried on,
the number of employees, and such other data as the chief of the bureau
of statistics and information may require. Such registration of exist
ing establishments shall be made within six months after this act
takes effect; those hereafter established shall be so registered within
thirty days after the commencement of business. Within thirty
days after a change in the location of any such establishment, the
owner thereof shall file with the bureau of statistics and information
the new address of the business, together with such other information
as the chief of said bureau may require. The registration required by
this section shall be made upon blanks supplied by the bureau of
statistics and information.
Information to
Sec. 244. The owner, operator, manager or lessee of any factory,
be furnished.
workshop, warehouse, elevator, foundry, machine shop, store or other
mercantile, manufacturing or mechanical establishment, or any agent,
superintendent, subordinate, or employee thereof, or any person
employing or directing any labor of any kind whatsoever, shall, when
requested by the chief of the bureau of statistics and information,
furnish any information in his possession or under his control which the
chief of said bureau is authorized to require, and for the purpose of
inspection shall admit the chief of said bureau or his authorized repre
sentative to any place which is affected by this act or which is required
bv law to be inspected. Any person who refuses to admit the chief
of said bureau, or person authorized by him, to any such establish
ment, or to furnish any such information, or who refuses to answer,
or untruthfully answers questions lawfully put to him by the chief
of said bureau, or any deputy of said chief, in a circular or otherwise,
shall be guilty of a misdemeanor, and upon conviction thereof by a
court of competent jurisdiction shall be fined not less than five dollars,
nor more than fifty dollars for each offense.
Workrooms In Sec. 245. No room or apartment in any tenement or dwelling house,
tenements, etc. an(j n0 p art of any tenement or dwelling house, shall be used for the
urpose of manufacturing, in whole or in part, altering, repairing or
nishing therein, any articles whatsoever, except for the exclusive
use of the person so using any part of such tenement or dwelling house,
or the immediate members of his household without a license there
for as provided in this section.
License.
Application for such license shall be made to the chief of the bureau
of statistics and information by any member of a family desiring to
do such work in any room.or apartment of a tenement or dwelling
house. Such application shall designate the location of the room or
apartment, the number of persons to be employed therein, the street
and number of, and the full name and address of the owner of, the
building in which the room or apartment is located, and shall be
signed by the applicant. Application blanks shall be prepared and
furnished by the bureau of statistics and information in such form as
the chief thereof may determine.
E
Upon receipt of such application the chief of the bureau of statistics
and information shall consult the records of the local health depart
ment or board, or other appropriate local authority charged with the
duty of sanitary inspection, and if such records show the presence of
any infectious, contagious or communicable disease, or the existence
of any unsanitary conditions in or about such room or apartment, the
chief of said bureau may, without making an inspection of the premises
deny such application for a license, until such time as the records of
the said department, board or other local authority show that the
said premises are free from all such infectious, contagious or communi-
Inspection.
cable disease, and from all unsanitary conditions. Before, however,
any such license is granted, an inspection of the room or apartment
sought to be licensed must be made by the duly authorized inspector
103
LABOR LEGISLATION OF 1914---- MARYLAND.
of the bureau of statistics and information, and a statement must be
filed in said bureau as a matter of public record, to the effect that the
records of the local health department or board, or other local author
ity charged with the duty of sanitary inspection, do not show the
existence of any infectious, contagious or communicable disease, or
of any unsanitary conditions in or about said room or apartment.
Such statement must further show the results of the inspection of such
premises, and must be dated and signed in ink by the inspector
responsible therefor. If the chief of the bureau of statistics and
information ascertain that such room or apartment is free from infec
tious, contagious or communicable disease, and is in proper sanitary
condition, he shall grant a license, permitting the use of such room or
apartment for the purpose of manufacturing, and stating the number of
persons allowed to work therein. An inspection of each licensed
tenement or dwelling-house workshop shall be made not less than
once in every six months to determine whether or not the conditions
under which such license was granted and all laws relating to such
premises are being complied with.
No articles shall be manufactured in whole or in part, altered, re- Infectious or
aired, or finished in any room or apartment of a tenement or dwelling ^ ^ gious dis'
ouse where there is or has been a case of infectious, contagious or com
municable disease, until such time as the local department or board of
health shall certify to the bureau of statistics and information that such
disease has terminated, and that the room or apartment has been prop
erly disinfected, if disinfection after such disease is required by law, or
by the rules and regulations of such department or board. No person,
firm or corporation shall hire, employ or contract with any person to
manufacture in whole or in part, alter, repair or finish any articles in any
room or apartment of any tenement or dwelling house, unless a license
has been issued therefor as aforesaid. No room or apartment in any Who may
tenement or dwelling house shall be used for the manufacture in whole workor in part, altering, repairing or finishing of any articles except by the
immediate members of the family living therein, which shall be lim
ited to a husband and wife, their children or the children of either. No Air space,
room or apartment in any tenement or dwelling house shall be used for
the manufacture in whole or in part, altering, repairing or finishing of
any articles, unless such room or apartment contain at least five hun
dred cubic feet of air space for every person working therein.
Nothing contained in this section shall prevent the employment of a
tailor or seamstress by any person or family for the purpose of making,
altering, repairing or finishing any article of wearing apparel for the use
of such person or family. This section shall not apply to any workshop
on the main or ground floor of any tenement or dwelling house, which is
not used for sleeping or cooking, which has a separate entrance to the
street, and which is entirely separate from the rest of the building.
Sec. 246. No person, firm or corporation shall work in, or hire, or Making doth-
g
employ any person to work in any loft, workshop or factory in any
building whatsoever, at making in whole or in part any articles of
clothing, hats, gloves, furs, feathers, artificial flowers, purses, cigars or
cigarettes, without a license therefor from the chief of the bureau of
statistics and information stating the maximum number of persons
allowed to be employed therein.
etc*»
lofts*
Application for such license shall be made to the chief of the bureau
of statistics and information upon blanks to be prepared and furnished
by him. Such application shall state the location, street and number of
the loft, workshop or factory to be licensed, the number of persons to be
employed therein, and such other information as the chief of the said
bureau may require, and shall be signed in ink by the person or firm or
officer of tie corporation conducting the work in such loft, workshop or
factory.
No such license shall be granted until such premises have been
inspected by an inspector of the bureau of statistics and information
ana a statement filed in said bureau as a matter of public record, show
ing the results of said inspection and signed in ink by the inspector
responsible therefor.
No such license shall be granted for such premises unless the laws F i r e escapes,
requiring the fire escapes and proper exits thereto and separate privies Privles>etc
104
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
for male and female employees, and all other laws relating to the health
and safety of employees in such establishment have been fully comAir space.
j>lied with, and unless every such loft, workshop or factory sought to be
licensed shall contain at least five hundred cubic feet of air space for
every person employed therein.
R e g i s t e r of Sec. 247. Every employer or manufacturer, whether a person, firm
workers.
or corporation, contracting for the manufacture, in whole or in part,
altering, repairing or finishing of any articles in a tenement or dwelling
house, or in any room or workshop outside of his, their, or its own estab
lishment, or giving out of materials from which they or any part of them
are to be manufactured, altered, repaired or finished, in a tenement or
dwelling house, or in any room or workshop outside of his, their or its
own establishment, shall keep a register of the names and addresses,
plainly written in English, of the persons to whom such articles or
materials are given to be so manufactured, altered, repaired or finished
or with whom such employer or manufacturer has contracted to do the
same, and shall issue with all such articles or materials a label bearing
the name and place of business of such employer or manufacturer
legibly written or printed in English.
Duty of em- it shall be the duty of every employer or manufacturer, and of every
pioyer.
person contracting for the manufacture, altering, repairing or finishing
of any articles or giving out any such articles or materials to ascertain
from the bureau of statistics and information whether or not the room
or apartment in which such articles or materials are to be manufactured,
altered, repaired, or finished, is licensed as provided in this act; and
none of the said articles nor any material from which they or any part
of them are to be manufactured, altered, repaired, or finished shall be
given out or sent to any person to be so worked upon in any room or
apartment of a tenement or dwelling house or workshop outside of his,
their, or its own establishment, which is not licensed as provided in
this act.
The register mentioned in this section shall be subject to inspection
by any inspector of the bureau of statistics and information, and a copy
thereof, as well as such other information in regard thereto as such
inspector may require shall be furnished upon demand.
Revocation of
Sec. 248. Any license granted under sections 245 and 246 may be
license.
revoked by the chief of the bureau of statistics and information if the
licensee thereunder, or his or its duly authorized agent, shall fail, refuse
or neglect to comply with any of the conditions under which same was
granted, or with any law relating to the premises licensed or if the health
of the community or of the persons employed thereunder requires it.
S ec . 2. Section 252 of article 27 of the Code of Public General Laws,
* * * is hereby repealed and reenacted with amendments so as to
read as follows:
Violations.
Section 252. Any person, firm or corporation, who shall in any manner
violate the provisions of sections 249, 250 and 251, 243, 245, 246, 247 and
250, or who shall refuse to give such information and access to the chief
of the bureau of industrial statistics or his deputies or secure such per
mit as provided, shall, upon conviction in any court of competent
jurisdiction be fined not less than five dollars nor more than one hun
dred dollars, or imprisoned not less than ten days nor more than one
year, or both, in the discretion of the court, such fines to be collected as
all fines are collected by law.
Approved April 16, 1914.
Ch a p t e r
industrial accident commission.
800.—Compensation of workmen for injuries.
S ection 1. A commission is hereby created which shall be known
ag
g^ate industrial accident commission, to be composed of three
commissioners. Immediately upon the taking effect of this act, the
governor shall appoint such commissioners (not more than two of whom
shall belong to the same political party). One of them shall hold office
for the first two years, another for the first four years, and another for
the first six years following the passage and approval of this act. There
after the term shall be six years. Each commissioner shall devote his
entire time to the duties of the office, and shrill not hold any position
LABOR LEGISLATION OF 1914---- MARYLAND.
of trust or engage in any occupation or business interfering or incon
sistent with, his duties as such commissioner, or serve on or under any
committee of a political party. Each commissioner shall hold office
until his successor shall be appointed and shall have qualified.
Vacancies shall be filled by the governor for the unexpired term. A
decision on any question arising under this act concurred in by two of
the commissioners shall be the decision of the commission. The
governor may at any time remove any commissioner from office for
inefficiency, neglect of duty or malfeasance in office. Before such
removal he shall give such commissioner a copy of the charges against
him and shall fix a time when he can be heard in his own defense, either
in person or by counsel, which shall not be less than ten days thereafter,
ana such hearing shall be open to the public. The governor shall
designate a member of said commission as chairman thereof. The
principal office of the commission shall be in the city of Baltimore, Offices.
but branch offices may be established at other places in the State for
the purpose of administering this act.
S e c . 2. A majority of the commission shall constitute a quorum for Quorum.
the transaction of business, and a vacancy shall not impair the right
of the remaining members to exercise all the powers of the full com
mission, so long as a majority remains. Any investigation, inquiry or
hearing which the commission is authorized to hold, or undertake, may
be held or undertaken by or before any one member of the commission,
and every order made by a member thereof, when approved and con
firmed by a majority of the members and so shown on its record of
proceedings, shall be deemed to be the order of the commission.
S e c . 3. The salary of each of the commissioners shall be three Salaries.
thousand dollars ($3,000) per annum, and shall be paid out of the State
treasury, and in addition to the said sum of $3,000 per annum, each of
said commissioners shall also receive the sum of $2,000 per annum
which shall be paid out of its funds by the mayor and city council of
Baltimore to each of said commissioners as employees of said municipal
corporation. In addition to the salary provided in this section, each
commissioner shall be allowed his actual and necessary traveling and
incidental expenses.
S e c . 4. The commission shall be in continuous session and open for Sessions.
the transaction of business during all business hours of each and every
day, excepting Sundays and legal holidays. All sessions shall be open
to the public, and shall stand and be adjourned without further notice
thereoi on its record. All proceedings of the commission shall be shown
on its record of proceedings, which shall be a public record, and shall
contain a record of each case considered and the award paid or allowed
to any employee of the commission, or to any other person for service:
Provided, however, That any person in the employ of the commission
who shall divulge any information secured by him in respect to the
transactions, property or business of any person, firm, company or
corporation, association or joint partnership to any person other than
the members of the commission, shall be guilty of a misdemeanor, and
subject to a fine of not less than $100 or more than $500 or imprisonment,
not exceeding 18 months in the discretion of the court, and shall there
after be disqualified from holding any appointment or employment with
the commission.
S e c . 5. The commission may employ a secretary, actuaries, account Employees
ants, inspectors, examiners, experts, clerks, stenographers and other
assistants, and fix their compensation subject to the written approval
of the governor; such compensation shall be paid out of the appropria
tion in the State treasury provided for in this act. The secretary,
actuaries, accountants, inspectors, examiners, experts, clerks, stenog
raphers and other assistants that may be employed shall be entitled
to receive their actual necessary expenses while traveling on the
business of the commission. Such expenses shall be itemized and sworn
to by the person who incurred the expense, and allowed by the com
mission. The commission shall keep and maintain its main office and
such branch offices as it shall deem proper and necessary for the adminis
tration of the act, and shall provide suitable rooms, necessary office
furniture, supplies, books, periodicals and maps for the same. All
necessary expenses shall be audited and paid out of the appropriation
106
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
in the State treasury provided for in this act. It shall provide itself
with a seal for the authentication of its orders, awards and proceedings,
upon which shall be inscribed the words “ State Industrial Accident
Commission, State of Maryland—Official Seal.”
Each member of the commission and each person appointed to office
or employment by the commission shall before entering upon the
duties of his office or employment take and subscribe the constitutional
oath of office.
Secretary.
S e c . 6. The secretary of the commission shall keep and maintain a
full and true record of all proceedings of the commission, of all docu
ments or papers ordered filed by the commission or by its rules, of
decisions or orders made by any member of the commission and of all
decisions or orders made by the commission or approved and confirmed
by it and ordered filed, and he shall be responsible to the commission
for the safe custody and preservation of all such documents at its office.
He shall have the power to administer oaths in all parts of the State, so
far as the exercise of such power is properly incident to the performance
of his duty or that of the commission. He may designate, from time
to time with the approval of the commission, one of the clerks of the
office appointed by the commission to exercise the powers and duties
of the secretary during his absence. Under the direction of the com
mission, the secretary shall have general charge of its office, superintend
its clerical business and perform such other duties as the commission
may prescribe.
Powers of comS e c . 7. Each member of the commission, the secretary thereof, and
missioners, etc. a
nygpecial examiner or inspector shall for the purpose contemplated
by this act have power to issue subpoenas, compel the attendance of
witnesses, administer oaths, certify to official acts, take depositions
within or without the State of Maryland as now provided by law,
compel the production of pertinent books, pay rolls, accounts, papers,
records, documents and testimony.
If a person in attendance before the commission or a commissioner
refuse, without reasonable cause, to be examined or to answer a legal
and pertinent question, or to produce a book or paper when ordered to do
so by the commission, the commission may apply to any judge of the
supreme bench of Baltimore City, or of the circuit court of any county,
upon proof by affidavit of the fact, for a rule or order returnable in not
less than two or more than five days, directing such person to show cause
before the judge who made the order, or any other judge aforesaid, why
he should not be committed to jail: Upon the return of such order, the
judge before whom the matter and such person shall come on for a hear
ing shall examine under oath such person and such person shall be
given an opportunity to be heard; and if the judge shall determine that
such person has refused, without reasonable cause or legal excuse, to be
examined or to answer a legal or pertinent question, or to produce a book
or paper which he was ordered to bring or produce, he may forthwith
commit the offender to jail, there to remain until he submits to do the
act which he was so required to do, or is discharged according to law.
No person shall be excused from testifying or from producing any
books or papers or documents in any investigation or inquiry by or upon
any hearing before the commission or any commissioner, when ordered
to do so by the commission or its secretary, upon the ground that the testi
mony or evidence, books, papers, or documents required of him may
tend to incriminate him or subject him to penalty or forfeiture; but no
person shall be prosecuted, punished or subjected to any penalty or
forfeiture for or on account of any act, transaction, matter or thing con
cerning which he shall, under oath, have, by order of the commission or
a commissioner or its inspector or examiner, testified to or produced
documentary evidence of: Provided, however, That no person so testify
ing shall be exempt from prosecution or punishment for any perjury
committed by him in his testimony.
Fees.
S ec. 8. Each officer who serves such subpoena shall receive the same
fee as the sheriff would receive in the county or city where said witness
is subpoenaed and each witness who appears in obedience to a subpoena
before the commission or an inspector or an examiner, shall receive for
his attendance the fees atnd mileage provided for witnesses in civil cases
in the circuit courts of the counties or the common-law courts of Balti
LABOR LEGISLATION OF 1914---- MARYLAND.
107
more City, as of the place where he gives his testimony, which shall be
audited and paid from the State treasury in the same manner as other
vouchers approved by any member of the commission and the secretary.
No witness subpoenaed at the instance of a party other than the commis
sion, or an inspector or examiner, shall be entitled to compensation from
the State treasury unless the commission shall certify that his testimony
was material to the matter investigated. In an investigation, the com
mission may cause depositions of witnesses residing within or without
the State to be taken m the manner prescribed by law for like deposi
tions taken in cases pending before the circuit courts of the counties or
the common-law courts of Baltimore City, as is now or hereafter may be
provided by law.
S ec . 9. Subject to the provisions of this act, the State industrial acci- Procedure,
dent commission shall adopt reasonable and proper rules to govern its
procedure, which procedure shall be as summary and simple as reason
ably may be. It shall regulate and provide for the kind and character
of notices, and the services thereof, and in cases of injury by accident to
employees, the nature and extent of the proofs and evidence and the
method of taking and furnishing the same for the establishment of the
right to compensation. It shall determine the nature and forms of appli
cation of those claiming to be entitled to benefits or compensation, and
shall regulate the method of making investigations, physical examina
tions and inspections and prescribe the time within which adjudica
tions and awards shall be made: Provided always, That all such rules
and regulations shall conform to the provisions of this act.
S e c. 10. The commission shall not be bound by the usual common- P roceed in gs
law or statutory rules of evidence or by any technical or formal rules of
formal,
procedure, other than as herein provided, out may make the investiga
tion in such manner as in its judgment is best calculated to ascertain the
substantial rights of the parties and to carry out justly the spirit of this
act.
S ec . 11. A transcribed copy of the evidence and proceedings or any Evidence,
specific part thereof, of any investigation taken by a stenographer ap
pointed by the commission being certified and sworn to by such stenog
rapher, to be a true and correct transcript of the testimony, or of a par
ticular witness, or any specific part thereof, or to be a correct transcript
of the proceedings had on such investigation so purporting to be taken
and subscribed, may be received in evidence by the commission with
the same effect as if such stenographer were present and testified to the
facts certified. A copy of such transcript shall be furnished on demand
to any party in interest upon payment of the fee therefor, as provided
for transcripts in the circuit courts of the counties or the common-law
courts of Baltimore City.
S ec . 12. The commission shall prepare and furnish free of cost blank Blanks,
forms and provide in its rules for their distribution so that the same may
be readily available, of applications for benefits or compensation notices,
to employers, proof of injury or death, of medical attendance, of employ
ment rjid wage earnings and such other blanks as may be deemed
proper and advisable, and it shall be the duty of employers to constantly
keep on hand a sufficient supply of such blanks.
S ec . 13. Annually on or before the first day of January the State in- Reports,
dustrial accident commission shall make a report to the governor, which
shall include a statement of the number of awards made by it, the
causes of the accidents leading to the injuries for which the awards were
made, and a detailed statement of the expenses of the commission and
the condition of the State accident fund, together with any other mat
ters which the commission deems proper to report to the governor,
including any recommendations it may desire to make.
Se c . 14. Every employer, subject to the provisions of this act, shall Compensation
pay or provide as required herein compensation according to the sched- to 1)6paid*
ules of this act for the disability or death of his employee resulting from
an accidental personal injury sustained by the employee arising out of
and in the course of his employment, without regard to fault as a cause
of such injury, 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 intoxi
cation of the injured employee while on duty. Where the injury is
108
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
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 from the intoxication of the injured employee while on duty,
neither the injured employee nor any dependent of such employee shall
receive compensation under this act.
Suits allowed,
The liability prescribed by the last preceding paragraph shall be
whenexclusive that [but] if an employer fail to secure the payment of com
pensation for his injured employees and their dependents as provided
in this act, an injured employee or his legal representative in case death
results from the injury, may, at his option, elect to claim compensation
under this act, or to maintain an action in the courts for damages on
account of such injury; and in such an action the defendant may not
plead as a defense that the injury was caused by the negligence of a
fellow servant or that the employee assumed the risk of his employ
ment, or that the injury was due to the contributory negligence of the
employee. If an employer, besides employing workmen in extrahazardous employment within the meaning of this act, shall also employ
workmen in employments not extrahazardous, the provisions of this act
shall apply only to the extrahazardous employments within the mean
ing of this act and the workmen employed therein, except as provided
in section 33 of this act.
S e c u r i t y of S ec . 15. The employer shall secure compensation to his employees
pa™entsSatl° n in one of the following ways:
(1) By insuring and keeping insured the payments of such compen
sation in the State accident fund, or
(2) By insuring and keeping insured the payments of such compen
sation with any stock corporation or mutual association authorized to
transact the business of workmen’s compensation insurance in this
State.
(3) Any such employer who does not with the approval of said com
mission voluntarily insure the payment of the compensation by one of
the methods designated in the preceding paragraphs of this section,
must furnish satisfactory proof to the commission of his financial ability
to pay such compensation himself, in which case the commission may,
at any time and from time to time in its discretion, require the deposit
with the commission of securities, such as are accepted by the equity
courts of Baltimore City for the investment of trust funds and in an
amount or amounts to be determined by the commission, to secure the
liability of the employer to pay the compensation specified in this act;
and in order to be informed as to the continued financial responsibility
of any such employer the commission may require reports from him
annually or at such other times as the commission may deem necessary
or advisable and may examine such employer under oath or make such
other examination of his business as the commission may determine. If
he should fail to furnish such satisfactory proof, or give bond, or deposit
such securities as required by the commission, or if he should at any
time fail to render satisfactory reports to the commission or otherwise
satisfy the commission of his continued financial ability to pay the com
pensation himself, he shall be subject to the provisions of the first par
agraph of this section of this act and shall be required by the commis
sion to insure as provided in the first paragraph of said this section, un
less he, at once insure voluntarily as provided in the second paragraph
of this section.
Any employer, subject to the provisions of this act, who after Novem
ber first, nineteen hundred and fourteen, fails or refuses to submit to
said commission, as provided in the next succeeding paragraphs, the
method he desired to adopt for assuring compensation, shall be guilty
of a misdemeanor, and shall be subject to a fine of not less than five
hundred nor more than five thousand dollars. The court may, in its
discretion, remit any such penalty, provided the employer in default
assures the compensation as provided in this section.
Any such employer who may wish to adopt any one of the methods
mentioned in the preceding paragraphs for assuring the payment of
compensation to his employees and their dependents, shall first submit
to the State industrial accident commission the method he wishes to
adopt. The said commission may approve or reject the method pro
posed. If rejected, the employer may submit another method author
LABOR LEGISLATION OF 1914---- MARYLAND.
109
ized under this act. The said commission may from time to time revise
or alter its decision in approving the election of any employer to adopt
any one of the methods of assuring payment of the compensation as pro
vided for in this act, if such action is reasonably necessary to secure
and safeguard such payments to employees or for the diminishing and
prevention of accidents. Any decision of said commission under this
section or section 14 of this act may be reviewed by writ of certiorari in
the circuit court for the county in which the employer may reside or in
any of the common-law courts of Baltimore City, if the employer resides
in Baltimore City.
Any employer subject to the provisions of this act, who fails or re- Failure of em,
fuses to insure voluntarily the payment of the compensation specified E}yyers to com"
in this act to his employees and their dependents through one of the
methods of assurance of payment, mentioned in the second paragraph
of this section of this act, or fails to furnish satisfactory proof to the
commission of his financial ability to pay such compensation himself,
or give bond or deposit securities as aforesaid, shall, at any time after
November first, nineteen hundred and fourteen, be compelled by the
commission to insure to his employees and their dependents the pay
ment of the compensation, specified in this act, by paying to the State
treasurer for the use and benefit of the State accident fund, hereinafter
authorized to be established, the premiums or taxes levied and pub
lished by the commission for the group of employments, industries or
work to which such employer belongs. And any such employer who
fails or refuses to so insure within ten days, after being ordered by the
commission to do so, shall be liable to the State in an amount equal to
the premiums or taxes required of him for six months’ insurance in the
State accident fund, as a penalty, which, together with his premium or
tax due the State accident fund for the first six months, may be col
lected by the commission in the same manner and with the same effect
as provided in section 22 of this act for the collection of premiums or
taxes in default.
In exercising the discretion conferred upon it by this section and sec
tion 14 of this act the State industrial accident commission shall con
sider the reputation of any insurance company or association, in which
any such employer may desire to insure, for promptness and fairness in
the settlement of compensation claims, without unreasonable resistance
on the part of any such insurance company or association, and shall also
consider the financial strength of the employer, the number of em
ployees employed, the degree of hazard to employees engaged in the
employment, the likelihood or danger of several employees being in
jured or killed by one and the same accident, the relative influence,
the different methods, by which compensation may be assured under
this act, are likely to exert upon the employer and his employees for
the prevention of accidents, and any other facts or conditions bearing
upon the security and promptness of payment of the compensation and
the prevention of accidents.
S e c . 16. The State industrial accident commission is hereby author- state accident
ized and directed to create and establish a fund to be known as the nd*
“ State accident fund,” for the purpose of insuring employers against
liability under this act and to their employees and their dependents
the payment of the compensation specified in this act. Such fund shall
consist of all premiums or taxes received and paid into the fund and of
property and securities acquired and interest earned through the use
of moneys belonging to the fund. Said fund shall be administered by
the commission without liability on the part of the State or the custo
dian thereof beyond the amount of such fund, and shall be applicable
to the payment of losses sustained on account of insurance and to the
payment of expenses in the manner provided in this act.
S e c . 17. For the purpose of creating such State accident fund each Premiums,
employer insured in this fund or required to be insured therein by this
act shall pay into the State treasury the premiums of liability based
upon and being such percentage of the pay roll of such employer, as
may have been determined and published by the commission and be
then in effect. The premiums shall be paid quarterly, and shall be the
prescribed percentage of the total wages paid to all employees subject
to the act for such preceding quarter. The State treasurer shall issue
110
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
his receipt for any sums paid him hereunder in duplicate, the original
to be delivered to the person, firm or corporation or other employer
paying the same and the duplicate to be filed with the commission:
Provided, however, That in order to create a fund available upon the
application of this act as aforesaid on November first, one thousand
nine hundred and fourteen, the payment for the months of November,
one thousand nine hundred and fourteen, to February, inclusive, one
thousand nine hundred and fifteen, shall be made on or before Novem
ber first, one thousand nine hundred and fourteen, and be preliminarily
based upon the pay roll of the operations of the first four months of the
year one thousand nine hundred and fourteen. If any employer be
found to have overpaid for such four months he may deduct such over
payment from the second quarterly payment made to the fund; if any
employer be found to have underpaid for such four months, he shall pay
the deficiency with the first quarterly payment made by him after the
end of said four months.
Several occuS ec . 18. If a single establishment of work insured in the State accipations.
dent fund comprises several occupations listed in section 32 of this act,
the premium shall be computed according to the pay roll of each occuation, if clearly separable; otherwise an average rate of premium shall
e charged for the entire establishment, taking into consideration the
number of employees and the relative hazards. In computing the
payroll the entire compensation received by every workman employed
m extrahazardous work and insured in the State accident fund,
within the meaning of this act, shall be included, whether it be in the
form of salary, wage, piecework, overtime, or any allowance in the
way of profit sharing, premium or otherwise, and whether payable in
money, board or otherwise: Provided, The money value of board and
similar advantages shall have been fixed by parties at the time of
hiring.
Classification of
S e c . 19. It shall be the duty of the commission to classify any indusmdustries.
tries subject to this act mentioned or not mentioned which are insured
in the State accident fund. And the commission shall have power on
or before the first day of January of each year to reclassify such indus
tries, or oftener, if in the opinion of the commission the same should be
deemed just and advantageous; or to create additional classifications
with respect to their respective degrees of hazard and determine the
risk of the different classes, and fix the rates of premium for each class,
according to the risks of the same sufficiently large to guarantee a
workmen’s compensation fund from year to year. It shall be the duty
of the commission in determining the rates, in order to create a fund
sufficiently large to guarantee a workmen’s compensation fund from year
to year to also reclassify from time to time the industries or occupations
in order that there may be a flexible adjustment of the rates as the
hazard fluctuates, and to use all means in their power through the rate
adjustment to lessen the opportunities for injuries to the workmen. The
classification so determined and the rates of premium established shall
be applicable for such year; and based on each one hundred dollars of
the gross annual pay roll of each employer in any class: Provided, also,
That for the purpose of this act the pay of the employee partly within
and partly without the State shall be deemed to be such proportion of
the total pay of such employee as his service within the State bears to
his services outside the State.
Form of pay
S ec . 20. The commission may establish and require all employers
roU*
insured in the State accident fund to install and maintain a uniform
form pay roll. The commission shall ascertain and establish the
amounts to be paid into and out of the accident fund, issue proper
receipts for moneys received, and certificates for benefits accrued and
accruing from the State accident fund.
Triennial
reS e c . 21. Every employer subject to the operation and effect of this
ports*
act who shall insure in the State accident fund, shall every four months
submit a report to the commission herein created, according to the
regulations and requirements it may prescribe, of his pay roll for the
four months then ending. A failure to comply with this section shall
subject the employer to an extra contribution of one hundred dollars
to be collected by the commission in a civil action in its name. The
E
LABOR LEGISLATION OP 1914— MARYLAND.
Ill
amount collected under this section shall be paid into the State acci
dent fund.
Any employer who shall with fraudulent intent misrepresent to the
commission the amount of pay roll upon which the premium under this
act is based shall be liable to the commission in ten times the amount
of the difference in the premium paid and the amount the employer
should have paid. The liability to the commission under this pro
vision shall be enforced in a civil action in the name of the commission.
All sums collected under this section shall be paid into the State acci
dent fund.
S e c . 22. If an employer shall default in any payment required to Default in paybe made by him to the State accident fund, the amount due from him ments*
shall be collected by civil action against him in the name of the State
of Maryland, and it shall be the duty of the commission on the first
Monday of each month after November first, nineteen hundred and
fourteen, to certify to the attorney general of the State the names and
residences, or places of business, of all employers known to the com
mission to be m default for such payment or payments for a longer
period than five days and the amount due from each employer, and it
shall then be the duty of the attorney general forthwith to bring or
cause to be brought against each employer a civil action in the proper
court for the collection of such amount so due, and the same when col
lected shall be paid into the State accident fund, and each employer’s
compliance with the provisions of this chapter requiring payments to
be made to the State accident fund shall date from the time of the pay
ment of said money so collected as aforesaid to the said commission for
credit to the State accident fund.
S e c . 23. Ten per centum of the premiums collected from employers Surplus,
insured in the State accident fund shall be set aside by the commission
for the creation of a surplus until such surplus shall amount to the sum
of fifty thousand dollars, and thereafter five per centum of such premi
ums until such time as in the judgment of said commission such surplus
shall be sufficiently large to coyer the catastrophe hazard. The com
mission shall also set up and maintain a reserve adequate to meet antici
pated losses and carry all claims and policies to maturity.
S e c . 24. The treasurer of the State shall be the custodian of the State C u s t o d y of
accident fund and all disbursements therefrom shall be paid by him funds*
upon order or voucher, approved and signed by the chairman or acting
chairman and secretary of the commission, and directed to the comp
troller of the State, who shall draw his warrant therefor. It shall be
the duty of the treasurer to keep and maintain the fund herein created
separate and distinct from other State funds. On and after January
1st, 1915, the obligation in the bond of the State treasurer shall contain
a provision securing the protection of this fund.
S e c . 25. Whenever and as often as there shall be in the hands of the Investment,
treasurer any sum belonging to the State accident fund not likely, in
the opinion of the commission, to be required for immediate use, it
shall be the duty of the board of public works, when called upon by the
commission, to invest the same in interest-bearing securities, such as
are accepted by the equity courts of Baltimore City for the investment
of trust funds, and when and as it may become necessary or expedient to
use the moneys so loaned or invested the board of public works shall,
when called upon by the commission, collect or sell or otherwise real
ize upon any such loan or investment, and any interest accruing upon
any such loan or investment, as well as any interest received upon the
deposit of moneys belonging to said fund shall be credited to said fund.
The State treasurer may deposit any portion of the State fund not
needed for immediate use, in the manner and subject to all the pro
visions of law respecting the deposit of other State funds by him.
Interest earned by such portion of the State accident fund deposited
by the State treasurer shall be collected by him and placed to the
credit of the fund.
S e c. 26. Any employer, after entering the State accident fund may Withdrawing
withdraw from said fund after the period of one year upon giving sixty1romfund*
(60) days’ written notice of his intention so to do and upon paying all
arrears, if any, of premiums due the said fund and such other equitable
assessments as may be determined by the commission to cover accidents
112
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
occurring in the industries in which his occupation may be classified:
Provided, That if at the time of such withdrawal liability shall exist
against the accident fund for compensation to employees or dependents
oi employees who have heretofore been killed or injured as herein pro
vided, such employer shall relieve the State accident fund from such
liability by depositing with the State treasurer for the benefit of said
fund the then present value of the total unpaid compensation for which
such liability exists, assuming interest at the rate of 6 per cent, or by
purchasing an annuity with the limitations provided by law with any
insurance company approved by the commission and licensed in this
State.
Administrative
S e c . 27. As soon as practicable after December thirty-first, nineteen
expense.
hundred and seventeen, and annually thereafter, the commission shall
calculate the total administrative expense incurred during the pre
ceding calendar year in connection with the examination, determina
tion and payment of claims and percentage which this expense bore
to the total compensation payments made during that year. The per
centage so calculated and determined shall be assessed against the
insurance carriers including the State fund as an addition to the pay
ments required from them in the settlement of claims during the year
immediately following, and the amounts so secured shall be transferred
to the State treasury to reimburse it for this portion of the expense of
administering this act.
Distribution of S e c . 28. If this act shall be hereafter repealed, all moneys which are
repeal m C&Se
*n ^ e State accident fund at the time of the repeal shall be subject to
such disposition as may be provided by the legislature, and in default
of such legislative provision, distribution thereof shall be in accordance
with the justice of the matter, due regard being had to obligations of
compensation incurred and existing.
Policies.
S e c . 29. Every policy for the insurance of the compensation herein
provided for, or against liability therefor, shall be deemed to be made
subject to the provisions of this act. No company or association shall
enter into any such policy of insurance until such company or associa
tion shall first obtain from the insurance commissioner of Maryland a
license of authority for the purpose, which said commissioner of insur
ance shall have full power and authority from time to time to determine
the adequacy of its or their premium rates for carrying compensation
insurance as provided in this law, and until the form of such policy shall
have been approved by the State industrial accident commission; and
said insurance commissioner shall have full power and authority to
require said insurance companies to establish and maintain adequate
rates to cover respective risks to which their policies are applicable
under the provisions of this act. Any person violating the provisions
of this section shall be subjected to a fine of not less than one hundred
nor more than one thousand dollars for each offense.
Provisions of
S e c . 30. Every policy of insurance covering the liability of the
policies.
employer for compensation issued by a stock company or by a mutual
association authorized to transact workmen’s compensation insurance
in this State, shall contain a provision setting forth the right of the
commission to enforce in the name of the State of Maryland for the
benefit of the person entitled to the compensation insured by the policy
either by filing a separate application or by making the insurance car
rier a party to the original application, the liability of the insurance
carrier in whole or in part tor the payment of such compensation:
Provided, however, That payment in whole or in part of such compensa
tion by either the employer or the insurance carrier shall to the extent
thereof be a bar to the recovery against the other of the amount so paid.
Every such policy shall contain a provision that, as between the
employee and the insurance carrier, the notice to or knowledge of the
occurrence of the injury on the part of the employer shall be deemed
notice or knowledge, as the case may be, on the part of the insurance
carrier ; the jurisdiction of the employer shall, for the purpose of this act,
be jurisdiction of the insurance carrier and that the insurance carrier
shall in all things be bound by and subject to the orders, findings,
decisions, or awards rendered against the employer for the payment of
compensation under the provisions of this act.
LABOR LEGISLATION OP 1914---- MARYLAND.
113
Every such policy shall contain a provision to the effect that the
insolvency or bankruptcy of the employer shall not relieve the insurance
carrier from the payment of compensation for injuries or death sus
tained by an employee during the life of such policy.
Every contract or agreement of an employer the purpose of which
is to indemnify him from loss or damage on account of the injury of an
employee by accidental means, or on account of the negligence of such
employer or his officer, agent or servant, if engaged in extrahazardous
employment, shall be absolutely void unless it shall also cover liability
for the payment of the compensation provided for by this act.
No contract or insurance issued by a stock company or mutual asso- Cancellation,
ciation against liability arising under this act shall be canceled within
the time limited in such contract for its expiration until at least ten
days after notice of intention to cancel such contract, on a date speci
fied in such notice, shall be filed in the office of the commission and
also served on the employer. Such notice shall be served on the em
ployer by delivering it to him or by sending it by mail, by registered
letter, addressed to the employer at his or its last known place of resi
dence: Provided, That if the employer be a partnership, then such
notice may be so given to any one of the partners, and if the employer
be a corporation, then the notice may be given to any agent or officer
of the corporation upon whom legal process may be served.
Sec. 31. Nothing herein shall affect any existing contract of policy .Existing poliof employer’s liability insurance or the liability of any mutual msur- Cles'
ance association, or any arrangement now existing between employers
and employees, providing for the payment to such employees, their
families, dependents or representatives of sick, accident or death bene
fits in addition to the compensation provided for by this act: but
liability for the compensation specified in this act shall not be reduced
or affected by any insurance, contribution or other benefit whatsoever,
due to or received by the person entitled to such compensation, and
the person so entitled shall, irrespective of any such insurance or other
contract, have the right to recover the compensation directly from the
employer.
c*
S e c . 32. Compensation provided for in this act shall be payable for Extrahazardinjuries sustained or death incurred by employees engaged in the ments.mp
following extrahazardous employments:
1. The operation, including construction and repair of railways oper
ated by steam, electric or other motive power, street railways and
incline railways, but not in their construction when constructed by
any person other than the company which owns or operates the rail
ways, including work of express, sleeping, parlor and dining car em
ployees on railway trains.
2. Construction and operation of railways not included in para
graph one.
3. The operation, including construction and repair of car shops, ma
chine shops, steam and power plants, and other works for the purposes
of any such railway, or used or to be used in connection with it when op
erated, constructed or repaired by the company which owns or operates
the railway.
4. The operation, including construction and repair, of car shops, ma
chine shops, steam and power plants, not included in paragraph 3.
5. The operation, including construction and repair, of telephone
lines and wires for the purposes of the business of a telephone company,
or used or to be used in connection with its business, when constructed
or operated by the company.
6. The operation, including construction and repair, of telegraph
lines and wires for the purposes of the business of a telegraph company,
or used or to be used in connection with its business, when constructed
or operated by the company.
7. Construction of telegraph and telephone lines not included in para
graphs 5 and 6.
8. The operation, within or without the State, including repair, of
vessels other than vessels of other States or countries used in interstate
or foreign commerce, when operated or repaired by the company.
73734°— Bull. 166— 15------- 8
114
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
9. Shipbuilding, including construction and repair in a shipyard or
elsewhere, not included in paragraph 8.
10. Longshore work, including the loading or unloading of cargoes
or parts of cargoes of grain, coal, ore, freight, general merchandise, lum
ber or other products or materials, or moving or handling the same on
any dock, platform or place, or in any warehouse or other place of
storage.
11. Subaqueous or caisson construction and pile driving.
12. Construction, installation or operation of electric-light and electric-power lines, dynamos or appliances and power transmission lines.
13. Paving, sewer and subway construction, work under compressed
air, excavation, tunneling and shaft sinking, well digging, laying and
repair of underground pipes, cables and wires, not included in para
graph 5 of this section.
14. Lumbering, logging, river driving, rafting, booming, sawmills,
shingle mills, lath mills, manufacture of veneer and of excelsior, manu
facture of staves, spokes or headings.
15. Pulp and paper mills.
16. Manufacture of furniture, interior woodwork, organs, pianos,
iano actions, canoes, small boats, coffins, wicker and rattan ware, upolstering, manufacture of mattresses or bed springs.
17. Planing mills, sash and door factories, manufacture of wooden
and corrugated paper boxes, cheese boxes, moldings, window and door
screens,window shades, carpet sweepers,wooden toys, articles and wares
or baskets.
18. Mining, reduction of ores and smelting, preparation of metals or
minerals.
19. Quarries; sand, shale, clay or gravel pits, lime kilns; manufac
ture of brick, tile, terracotta, fireproofing,or paving blocks, manufacture
of calcium carbide, cement, asphalt or paving material.
20. Manufacture of glass, glass products, glassware, porcelain or
pottery.
21. Iron, steel or metal foundries; rolling mills; manufacture of cast
ings, forgings, heavy engines, locomotives, machinery, safes, anchors,
cables, rails, shafting, wires, tubing, pipes, sheet metal, boilers, furnaces,
stoves, structural steel, iron or metal.
22. Operation and repair of stationary engines and boilers, not in
cluded in other paragraphs of this section.
23. Manufacture of small castings or forgings, metal wares, instru
ments, utensils and articles, hardware, nails, wire goods, screens, bolts,
metal beds, sanitary, water, gas or electric fixtures, light machines,
typewriters, cash registers, adding machines, carriage mountings, bicy
cles, metal toys, tools, cutlery, instruments, photographic cameras and
supplies, sheet metal-products, buttons.
24. Manufacture of agricultural implements, threshing machines,
traction engines, wagons, carriages, sleighs, vehicles, automobiles,
motor trucks, toy wagons, sleighs or baby carriages.
25. Manufacture or explosive and dangerous chemicals, corrosive
acids or salts, ammonia, gasoline, petroleum, petroleum products, cel
luloid, gas, charcoal, gunpowder or ammunition.
E
26. Manufacture of paint, color, varnish, oil, japans, turpentine,
printing ink, printers’ rollers, tar, tarred, pitched or asphalted paper.
27. Distilleries, breweries; manufacture of spirituous or malt liquors,
alcohol, wine, mineral water or soda waters.
28. Manufacture of drugs and chemicals, not specified in paragraph
25, medicines, dyes, extracts, pharmaceutical or toilet preparations,
soaps, candles, perfumes, noncorrosive acids or chemical preparations,
fertilizers, including garbage disposal plants; shoeblacking or polish.
29. Milling; manufacture of cereals or cattle foods, warehousing;
storage; operation of grain elevators.
30. Packing houses, abattoirs, manufacture of preparation of meats or
meat products or glue.
31. Tanneries.
32. Manufacture of leather goods and products, belting, saddlery,
harness, trunks, valises, boots, shoes, gloves, umbrellas, rubber goods,
rubber shoes, tubing, tires or hose.
LABOR LEGISLATION OF 1914---- M ARYLAND.
115
33. Canning or preparation of fruit, vegetables, fish or foodstuffs;
pickle factories and sugar refineries.
34. Bakeries, including manufacture of crackers and biscuits, manu
facture of confectionery, spices or condiments.
35. Manufacture of tobacco, cigars, cigarettes or tobacco products.
36. Manufacture of cordage, ropes, fiber, brooms or brushes; manila or hemp products.
37. Flax mills; manufacture of textiles or fabrics, spinning, weaving
and knitting manufactories; manufacture of yam, thread, hosiery,
cloth, blankets, carpets, canvas, bags, shoddy or felt.
38. Manufacture of men’s or women’s clothing, white wear, shirts,
collars, corsets, hats, caps, furs or robes.
39. rower laundries; dyeing, cleaning or bleaching.
40. Printing, photo-engraving, stereotyping, electrotyping, litho
graphing, embossing; manufacture of stationery, paper, cardboard
boxes, bags or wall paper; and bookbinding.
41. The operation, otherwise than on tracks, on streets, highways, or
elsewhere of cars, trucks, wagons or other vehicles, and rollers and
engines, propelled by steam, gas, gasoline, electric, mechanical or
other power.
42. Stone cutting or dressing; marble works; manufacture of artifi
cial stone; steel building and bridge construction; installation of ele
vators, fire escapes, boilers, engines or heavy machinery; bricklaying,
tile laying, mason work, stone setting, concrete work, plastering; ana
manufacture of concrete blocks; structural carpentry; painting, deco
rating or renovating; sheet-metal work; roofing; construction, repair
and demolition of buildings and bridges; plumbing, sanitary or heating
engineering; installation and covering of pipes or boilers.
43. In addition to the employments set out in the preceding para
graphs, this act is intended to apj)ly to all extrahazardous employments
not specifically enumerated herein.
Sec. 33. Any employer, his employee or employees engaged in works
not extrahazardous within the meaning of this act may, by their joint
election, filed with the commission, accept the provisions of this act
and such acceptances when approved by the commission, shall subject
them to the provisions of this act to all intents and purposes as if they
had been originally included in its terms.
Who may elect,
Any workman of the age of sixteen years and upwards may himself
exercise the election hereby authorized. The right of election hereby
authorized shall be exercised on behalf of any workman under the age
of sixteen years by his parent or guardian. Nothing herein shall be
construed to apply to workmen of less than the minimum age pre
scribed by law for the employment of minors in the occupation in
which such workman shall be engaged.
The provisions of this act shall apply to employers and employees
engaged in intrastate and also in interstate or foreign commerce, for
whom a rule of liability 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 of his workmen only
in this State may, with the approval of the commission, and so far as
not forbidden by any act of Congress, voluntarily accept the provisions
of this act by filing written acceptances with the commission, which
shall subject the acceptors to the provisions of this act to all intents
and purposes as if they had been originally included in its terms.
Sec . 33J. Whenever there shall have been enacted by the Congress of Interstate comthe United States and shall be in effect any act providing an exclusive merce*
remedy and compensation to employees of common carriers by rail
road while employed in interstate or foreign commerce who sustain
personal injury by accident arising out of and in the course of such
employment and resulting in disability, or to the dependents of such
employees in case such injury results in death, it shall be lawful for
any such common carrier by railroad in this State and its employees or
any of them, by agreement between such employer and employees,
to provide for the payment by the employer of compensation in the
amounts at the times and in the manner specified in said act of Con
116
BULLETIN OF T H E BUREAU OF LABOR STATISTICS.
gress to any employee who, while employed by such employer in
commerce or business ^wholly within this State, sustains personal
injury by accident arising out of and in the course of his employment
and resulting in his disability, or to the dependents, as defined in said
act of Congress, of such employee in case such injury results in his
death; and in and by such agreement to stipulate and agree that,
except as provided therein, such employer shall not be civilly liable
for any injury to or death of any such employee resulting from any
such accident.
If any such employer shall file with the commission an instrument
in writing under its corporate seal offering to enter into such ah agree
ment with all and any of its employees in this State and referring to
such act of Congress, and shall cause notice oi such offer filed to be
published once each week for three successive weeks following the
date of such filing in a newspaper published in each county in this
State through which such employer runs regularly any freight or pas
senger train, aod in two newspapers published m the city of Balti
more, if such employer runs regularly any freight or passenger train
into or through said city, every employee of such employer shall be
conclusively presumed to accept such offer of the employer and to
have entered into such agreement, unless such employee shall, within
thirty days after the filing of such offer by the employer, file with
the commission a notice in writing or statement declining such offer;
and at the expiration of said period of thirty days the terms of said
agreement shall be mutually binding upon the employer and upon
every employee not so declining, but any employee or the employer
may at any time by filing with the commission not less than thirty
days’ notice in writing of his or its intention so to do, terminate such
agreement upon his or its part as to all accidental injuries occurring
after the expiration of such notice.
Municipalities.
Sec. 34. Whenever the State, county, city or any municipality shall
engage in any extrahazardous work within the meaning of this act
in which workmen are employed for wages, this act shall be applicable
thereto. Whenever and so long as by State law, city charter or mu
nicipal ordinance, provision equal or better than that given under the
terms of this act is made for municipal employees injured in the course
of employment such employees shall not be entitled to the benefits of
this act.
Scale of comSec. 35. Each employee (or in case of death his family or dependpensation.
ents), entitled to receive compensation under this act shall receive
the same in accordance wijth the following schedule, and except as
in this act otherwise provided, such payment shall be in lieu of any
and all rights of action whatsoever against any person whomsoever.
Permanent total disability. In case of total disability adjudged
be permanent fifty per centum of the average weekly wages shiJl
be paid to the employee during the continuance of such total disability,
exclusive of the first week, not to exceed a maximum of twelve dollars
per week and not less than a minimum of five dollars per week unless
the employee’s established weekly wages are less than five dollars per
week at the time of the injury, in which event he shall receive com
pensation in an amount equal to his average weekly wages, but not to
exceed a total of $5,000. Loss of both hands, or both arms, or both
feet or both legs, or both eyes or of any two thereof shall, in the absence
of conclusive proof to the contrary, constitute permanent total dis
ability. In all other cases permanent total disability shall be deter
mined in accordance with the facts.
Temporary to- 2. Temporary total disability. In case of temporary total disability
ability.
fifty per centum of the average weekly wages shall be paid to the em
ployee during the continuance thereof, but not in excess of a maxi
mum of twelve dollars per week and not less than a minimum of five
dollars per week [unless the employee’s established weekly wages are
less than five dollars per week at the time of the injury], in which
event he shall receive compensation equal to his full wages; but in no
case to continue more than six years from the date of the injury or to
exceed thirty-seven hundred and fifty dollars in the aggregate.
Permanent par3 . Permanent partial disability. In case of disability partial in
y. character but permanent in quality the compensation shall be fifty
Permanent totai disability.
l.
LABOR LEGISLATION OF 1914---- MARYLAND.
per centum of the average weekly wages in no case to exceed twelve
dollars per week or more than three thousand dollars in the aggregate,
and shall be paid to the employees for the period named in the schedule
as follows:
Thumb. For the loss of a thumb, fifty weeks.
First finger. For the loss of a first finger, commonly called the index
finger, thirty weeks.
Second finger. For the loss of a second finger, twenty-five weeks.
Third finger. For the loss of a third finger, twenty weeks.
Fourth finger. For the loss of a fourth finger, commonly called the
little finger, fifteen weeks.
The loss of the second or dictal [distal] phalange of the thumb shall be
considered to be equal to the loss of one-half of such thumb; the loss
of more than one-half of such thumb shall be considered to be equal
to the loss of the whole thumb. The loss of the third or dictal [distal]
phalange of any finger shall be considered to be equal to the loss of onethird of such finger. The loss of the middle or second phalange of
any finger shall be considered to be equal to the loss of two-thirds
of such finger. The loss of more than the middle and dictal [distal]
phalange of any finger shall be considered to be equal to the loss of the
whole of such finger; 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 of a hand.
Great toe. For the loss of a great toe, twenty-five weeks.
Other toes. For the loss of one of the toes other than the great toe,
ten weeks.
Hand. For the loss of a hand, one hundred and fifty weeks.
Arm. For the loss of an arm, two hundred weeks.
Foot. For the loss of a foot, one hundred and fifty weeks.
Leg. For the loss of a leg, one hundred and seventy-five weeks.
Eye. For the loss of an eye, one hundred weeks.
Loss of use. Permanent loss of the use of a hand, arm, foot, leg or
eye shall be considered as the equivalent of the loss of such hand, arm,
foot, leg or eye.
Amputations. Amputations between the elbow and the wrist shall
be considered as the equivalent of the loss of a hand. Amputation
between the knee and the ankle shall be considered as the equivalent
of the loss of a foot. Amputation at or above the elbow shall be con
sidered as the loss of an arm. Amputation at or above the knee shall
be considered as the loss of the leg.
The compensation for the foregoing specific injuries shall be in lieu
of all other compensations, except the benefits provided in section 36
of this act.
Other cases. In all other cases in this class of disability the compen
sation shall be fifty per centum of the difference between his average
weekly wages and his wage-earning capacity thereafter in the same
employment or otherwise, if less than before the accident (but not to
exceed twelve dollars per week), payable during the continuance of
such partial disability, but not to exceed $3,000, and subject to recon
sideration of the degree of such impairment by the commission on its
own motion or upon application of any party in interest.
4. Temporary partial disability. In case of temporary partial disa- T©“ P
bility, except the particular cases mentioned in subdivision three of Partial dl!
this section, an injured employee shall receive fifty per centum of the
difference between his average weekly wages and his wage-earning
capacity thereafter in the same employment or otherwise, if less than
before the accident, during the continuance of such partial disability,
but not in excess of three thousand five hundred dollars, except as
otherwise provided in this act.
In case the injury causes death within the period of two years, the
benefits shall be in the amounts and to the persons following:
If there be no dependents, the disbursements shall be limited to the
expenses provided for in section thirty-six hereof.
If there are wholly dependent persons at the time of the death, the
payment shall be fifty per cent of the average weekly wages, and to
continue for the remainder of the period between the date of the death
and eight years after the date of the injury, and not to amount to more
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
than a maximum of four thousand two hundred and fifty dollars, nor
less than a minimum of one thousand dollars.
If there are partly dependent persons at the time of the death, the
payment shall be fifty per cent of the average weekly wages, and to
continue for all or such portion of the period of eight years after the date
of the injury, as the commission in each may determine, and not to
amount to more than a maximum of three thousand dollars.
The following persons shall be presumed to be wholly dependent for
support upon a deceased employee: A wife or invalid husband (‘ ‘in
valid’ ’ meaning one physically or mentally incapacitated from earning),
a child or children under the age of sixteen years (or over said age if
physically or mentally incapacitated from earning) living with or
dependent upon the parent at the time of the injury or death.
In all other cases questions of dependency, in whole or in part, shall
be determined in accordance with the facts in each particular case
existing at the time of the injury resulting in death of such employee,
but no person shall be considered as dependent unless such person be
a father, mother, grandfather, grandmother, stepchild or grandchild,
or brother or sister of the deceased employee, including those otherwise
specified in this section.
An alien shall not be considered a dependent within the meaning of
this act unless he be a resident within the United States,
etc., Sec. 36. In addition to the compensation provided for herein the
employer shall promptly provide for an injured employee, such medical,
surgical or other attendance or treatment, nurse and hospital services,
medicines, crutches and apparatus as may be required by the commis
sion in an amount not to exceed the sum of one hundred and fifty dol
lars ($150). If the employer fail to provide the same the injured em
ployee may do so at the expense of the employer. The employee shall
not be entitled to recover any amount expended by him for such treat
ment or services unless he shall or some one on his behalf have re
quested the employer to furnish the same, and the employer shall have
refused or neglected to do so. All fees and other charges for such treat
ment and services shall be subject to regulations by the commission,
and shall be limited to such charges as prevail in the same community
for similar treatment of injured persons of a like standard of living, and
in case death ensues from the injury within two years, reasonable funeral
expenses shall be allowed not to exceed the sum of seventy-five dollars
($75): Provided, however, That if there are no dependents and the de
ceased employee leaves sufficient estate to pay same, all expenses of
last sickness and burial shall be paid by said estate and not by the em
ployer or insurance company or commission out of the State accident
fund, as the case may be. The commission shall have full power to
adopt rules and regulations with respect to furnishing medical, nurse,
hospital services and medicine to injured employees entitled thereto
and for the payment therefor.
S ec . 37. Notice of an injury for which compensation is payable
under this act shall be given to the employer within ten days after the
accident, and also in case of the death of the employee resulting from
such injury, within thirty days after such death. Such notice may be
in writing and contain the name and address of the employee, and state
in ordinary language the time, place, nature and cause of the injury,
and be signed by him or by a person on his behalf, or in case of death, by
any one or more of his dependents, or by a person on their behalf. The
failure to give such notice, unless excused by the commission either on
the ground that notice for some sufficient reason could not have been
given, or on the ground that the State accident fund, insurance com
pany, or employer, as the case may be, has not been prejudiced thereby,
shall be a bar to any claim under this act.
Whenever an accident occurs to any employee it shall be the duty of
the employer to at once report such accident and the injury resulting
therefrom to the commission, and also to any local representative of the
commission. Such report shall state (a) the time, cause and nature of
the accident and injuries, and the probable duration of the injury
resulting therefrom; (b) whether the accident arose out of or in the
course of the injured person’s employment; (c) any other matters the
rules and regulations of the commission may prescribe.
119
LABOR LEGISLATION OF 1914---- MARYLAND.
Sec. 38. Where an employee is entitled to compensation under this
act he shall file with the commission his application within thirty days
together with the certificate of the physician, if any, who attendea him.
Application,
Where death results from injury the parties entitled to compensation
under this act or some one in their behalf, shall make application for the
same to the commission, which application must be accompanied with
proof of death and proof of relationship showing the parties to be en
titled to compensation under this act, certificates of attending phy
sician, if attended by a physician, and such other proof as may be re
quired by the rules of the commission.
S e c . 39. The commission shall make or cause to be made such in- Investigation,
vestigation of any claim as it deems necessary, and upon application of etc*
either party, shall order a hearing and within thirty days after a claim
for compensation is submitted under this section, or such hearing closed,
shall make or deny an award, determining such claim for compensation,
and file the same in the office of the commission, together with a state
ment of its conclusions of fact and rulings of law. The commission may,
if it deems proper, on the written application of any party in interest, or
on its own motion, require the claimant to appear before an arbitration
committee appointed by it and consisting of one representative of em
ployees, one representative of employers, and either a member of the
commission or a person specially deputized by the commission to act
as chairman, before which the evidence in regard to the claim shall be
adduced and by which it shall be considered and reported upon with the
right of either party to appeal to the commission from the finding of
said arbitration committee on all questions of law and fact.
If changes of circumstances warrant an increase or rearrangement of
compensation, like application shall be made. No increase or rear
rangement shall be operative for any period prior to application therefor.
Sec. 40. Any person who shall knowingly secure or attempt to secure
larger compensation or compensation for a longer term than he is en
titled to, or knowingly secure or attempt to secure compensation when
he is not entitled to any, shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined not exceeding five hundred dollars or
imprisoned not exceeding twelve months, or both, in the discretion of
the court, and shall from and after such conviction cease to receive any
compensation.
Fraud,
Sec . 41. Any employee entitled to receive compensation under this act Medical examiis required, if requested by the commission to submit himself for medi- nations*
cal examination at a time and from time to time at a place reasonably
convenient for the employee and as may be provided by the rules of the
commission. If the employee refuse to submit to any such examination,
or obstructs the same, his right to compensation shall be suspended
until such examination has taken place, and no compensation shall be
payable during or for account of such period.
S e c . 42. Should a further accident occur to an employee already .S econ d injureceiving payment under this act for a disability, or who has been nes*
previously the recipient of a lump-sum payment under this act, his
future compensation shall be adjusted according to the other provisions
of this act, and with regard to the combined effect of his injuries
and his past receipt of compensation under this act. In case of the
remarriage of a dependent widow of a deceased employee without
dependent children, all compensation under this act shall cease, and
further no widow or widower shall receive any benefits under this act
where the marriage shall have taken place after the person entitled to
benefits hereunder shall have been injured, provided there are no
dependent children.
If aggravation, diminution or termination of disability takes place or
be discovered after the rate of compensation shall have been established
or compensation terminated in any case, the commission may, upon the
application of any party in interest or upon its own motion, readjust for
future application the rate of compensation in accordance with rules in
this section provided, or in a proper case, terminate the payments.
A husband or wife of an injured employee, who has deserted said
employee for more than one year prior to the time of the injury or Sub
sequently shall not be a beneficiary under this act.
120
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
In case of the remarriage of a dependent widow of a deceased em
ployee without dependent children, all compensation under this act
shall cease, and further no widow or widower shall receive any benefits
under this act where the marriage shall have taken place after the person
entitled to benefits hereunder shall have been injured, provided there
are no dependent children.
Removing from
Sec. 43. If a beneficiary shall reside or remove out of the State and
te*
shall have been such nonresident for a period of one year, the com
mission may in its discretion convert any payments thereafter to
become due to such beneficiary into a lump-sum payment, not in any
case to exceed twenty-four hundred dollars, by paying a sum equal to
three-fourths of the then value of such payments.
. Intentional inS ec . 44. If injury or death results to a workman from the deliberate
Jury*
intention of his employer to produce such injury or death, the employee,
the widow, widower, child, children or dependents of the employee
shall have the privilege either to take under this act or have cause of
action against such employer, as if this act had not been passed.
In ju rie s not
compensa
Sec. 45. Notwithstanding anything hereinbefore or hereinafter contained, no employee or dependent of any employee shall be entitled to
receive any compensation or benefits under this act, on account of any
injury to or death of an employee caused by a self-inflicted injury, the
willful misconduct or the intoxication of such employee.
S ec . 46 . If it be established that the injured employee was of such age
and experience when injured as that under the natural conditions ms
wages would be expected to increase, this fact may be considered in
arriving at his average weekly wage.
Minors.
Sec. 47. A minor working at an age legally permitted under the laws
of this State shall be deemed sui juris for the purposes of this act, and no
other person shall have any cause of action or right to compensation
for any injury to such minor employee unless otherwise herein provided.
Waiting time.
S ec . 48. No compensation shall be allowed for two weeks after the
injury is received except disbursements herein authorized for medical,
nurse and hospital services and medicines, and for funeral expenses.
Distribution of
S e c . 49. The benefits in case of death shall be paid to such one or
death benefits.
more cf the dependents of the decedent for the benefit of all the de
pendents as may be determined by the commission, which may ap
portion the benefits among the dependents in such manner as it may
deem just and equitable. The dependent or persons to whom benefits
are paid shall apply the same to the use of the several beneficiaries
thereof according to their respective claims upon the decedent for sup
port, in compliance with the findings and direction of the commission.
Lump sums.
S ec . 50. In every case providing for compensation to an employee or
his dependent, excepting temporary disability, the commission may, if
in its opinion the facts and circumstances of the case warrant it, allow the
compensation to be paid in a partial or total lump sum.
Assignments,
S e c . 51. No money payable under this act shall prior to issuance and
etc'
delivery of the warrant or voucher therefor, be capable of being assigned,
chargea or taken in execution or attachment.
Waivers.
S e c . 52. No employer or employee who are subject to the provisions
of this act shall exempt himself from the burden or waive the benefit of
this act by any contract, agreement, rule or regulation, and any such
contract, agreement, rule or regulation shall be pro tanto void. No
agreement by such employee to pay any portion of the premium paid by
such employer shall be valid, and any employer who deducts any por
tion of such premium from the wages or salary of any employee entitled
to the benefits of this act shall be guilty of a misdemeanor, and upon con
viction thereof shall be fined not more than two hundred dollars for each
offense.
J u risd ictio n
S e c . 53. The powers and jurisdiction of the commission over each
contmumg.
cage ghgjj k e continuing, and it may from time to time make such modi
fications or change with respect to former findings or orders with respect
thereto as in its opinion may be justified.
Learners, etc.
Absence of safeSec. 54. If an employee shall be injured because of the absence of
guards.
any safeguard or protection required by the commission, the employer
shall be guilty of a misdemeanor and liable to a fine of not less than $50
or more than $500 to be paid into the State accident fund.
LABOR LEGISLATION OF 1914---- MARYLAND.
121
S ec . 55. Any employer, employee, beneficiary or person feeling Appeals.
aggrieved by any decision of the commission affecting his interests under
this act may have the same reviewed by a proceeding in the nature of
an appeal and initiated in the circuit court of the county or in the common-law courts of Baltimore City having jurisdiction over the place
where the accident occurred or over the person appealing from such
decision, and the court shall determine whether the commission has
justly considered all the facts concerning inju’ry, whether it has ex
ceeded the powers granted it by the act, whether it has misconstrued
the law ana facts applicable in the case decided. If the court shall
determine that the commission has acted within its powers and has cor
rectly construed the law and.facts, the decision of the commission shall
be confirmed, otherwise it shall be reversed or modified. Upon the
hearing of such an appeal the court shall, upon motion of either party
filed with the clerk of the court according to the practice in civil cases,
submit to a jury any question of fact involved in such case. The pro
ceedings in every such an appeal shall be informal and summary, but
full opportunity to be heard shall be had before judgment is pronounced.
No such appeal shall be entertained unless notice of appeal shall haye
been served personally upon some member of the commission within
thirty days following the rendition of the decision appealed from. An
appeal shall not be a stay. If the decision of the commission shall be
changed or modified, the practice prevailing in civil cases as to the pay
ment of costs and the fees of medical and other witnesses shall apply.
Appeal shall lie from the judgment of the circuit court of the county or
the common-law courts of Baltimore City to the court of appeals as in
other civil cases, and such appeals, shall have precedence over all cases
except criminal cases.
The attorney general shall be the legal adviser of the commission and
shall represent it in all proceedings whenever so requested by any of the
commissioners in all court proceedings under or pursuant to this act,
the decision of the commission shall be prima facie correct and the bur
den of proof shall be upon the party attacking the same.
S e c . 56. If the commission or the court before which any proceedings Costs and fees.
for compensation or concerning an award of compensation have been
brought, under this act, determines that such proceedings have not been
so brought upon reasonable ground, it shall assess the whole cost of the
proceeding upon the party who has so brought them. Claims for legal
services in connection with any claims arising under this act and claims
for services or treatment rendered or supplies furnished pursuant to sec
tion 36 of this act, shall not be enforceable unless approved by the com
mission. If so approved, such claim or claims shall become a lien upon
the compensation awarded, but shall be paid therefrom only in the
manner fixed by the commission.
S ec . 57. Where the injury or death for which compensation is pay L i a b i l i t y of
able under this act was caused under circumstances creating a legal third parties.
liability in some person, other than the employer, to pay damages in
respect thereof, the employee, or in case of death, his personal repre
sentative or dependents as hereinbefore defined, may proceed either by
law against that other person to recover damages or against the employer
for compensation under this act, or in case of joint tort feasors against
both; and if compensation is claimed and awarded or paid under this
act any employer may enforce for the benefit of the insurance company
or association carrying the risk or the State accident fund, or himself, as
the case may be, the liability of such other person: Provided^ however,
If damages are recovered in excess of the compensation already paid or
awarded to be paid under this act, then any such excess shall be paid to
the injured employee or, in case of death, to his dependents, less the
employer’s expenses and costs of action.
Sec. 58. If the provisions of this act relative to compensation for Law of limita
injuries to or deatn of employees become invalid because of any adju tions not to run.
dication, or be repealed, the period intervening between the occurrence
of an injury or death not previously compensated for under this act by
lump payment or completed periodical payments shall not be com
puted as a part of the time limited by law for the commencement of any
action relating to such injury or death: Provided, That such action be
commenced within one year after such repeal or adjudication, but in
122
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
any such action any sum paid to the employee on account of injury for
which the action is prosecuted, shall be taken into account or disposed
of as follows: If the defendant employer shall have insured himself as
provided for in this act without delinquency, such sums as may have
been paid to the employee or his dependents on account of injury or
death, shall be credited upon recovery as payment thereon.
Cases outside
S ec . 59. If any employer shall be adjudicated to be outside the lawscope of act.
ful scope of this act, the act shall not apply to him or his employees; if
any employee shall be adjudicated to be outside the lawful scope of this
act, because of remoteness of his work from the hazard of his employer’s
work, any such adjudication shall not impair the validity of this act in
other respects, and in every such case an accounting in accordance with
the justice of the case shall be had of moneys received.
Construction to
S ec . 60. The rule that statutes in derogation of the common law are
be liberal.
to be strictly construed shall have no application to this act; but this
act shall be so interpreted and construed as to effectuate its general
purpose.
Presumptions.
S e c . 61. In any proceeding for the enforcement of a claim for com
pensation under this act, it shall be presumed in the absence of sub
stantial evidence to the contrary:
(a) That the claim comes within the provisions of this act.
(b) That sufficient notice thereof was given.
(c) That the injury was not occasioned by the willful intention of the
injured employee to bring about the injury or death of himself or of
another.
(d) That the injury did not result solely from the intoxication of the
injured employee while on duty.
Definitions.
S e c . 62. Definitions as used m this act:
1. “ Extrahazardous employment” means a work or occupation de
scribed in section 32 of this act.
2. “ Employer,” except when otherwise expressly stated, means a
person, partnership, association, corporation, and the legal representa
tives of a deceased employer, or the receiver or trustee of a person, part
nership, association or corporation employing workmen m extrahaz
ardous employments.
3. “ Employee ” means a person who is engaged in an extrahazardous
employment m the service of an employer carrying on or conducting
the same upon the premises or at a plant, or in the course of his employ
ment away from the plant of his employer, and shall not include farm
laborers. Farm laborers ” as used in this act, shall mean any employees
who at the time of the accident, are engaged in rendering any agricul
tural service, including the threshing and harvesting of crops, or who,
at the time of the accident, are engaged in service incidental to and in
connection with agricultural pursuits or developments, whether the
employer be the farmer or other person undertaking or contracting with
the farmer to perform any such agricultural service, pursuit or develop
ment. This act shall not apply to farm laborers, domestic servants nor
to country blacksmiths, wheelwrights or similar rural employments,
nor in any case where the accident occurred before this act takes effect,
nor to casual employees or any employee whose salary is in excess of
two thousand dollars a year, or any employees who are employed wholly
without the State.
4. “ Employment” includes employment only in a trade, business
or occupation carried on by the employer for pecuniary gain.
5. “ Compensation” means the money allowance payable to an
employee or to his dependents as provided for in this act, and includes
funeral benefits provided therein.
6. “ Injury” and “ personal injury” mean only accidental injuries
arising out of and in the course of employment and such disease or
infection as may naturally and unavoidably result therefrom.
7. “ Death,” when mentioned as a basis for the right to compensation
means only death resulting from such injury.
8. “ Average weekly wages” for the purposes of this act shall be taken
to mean the average weekly wages earnea by an employee when work
ing on full time.
9. “ State accident fund” means the State insurance fund provided
for in section 16 of this act.
123
LABOR LEGISLATION OF 1914---- MARYLAND.
10. “ Child” shall include a posthumous child and a child legally
adopted prior to the injury of the employee.
11. “ Beneficiary” means a husband, wife, child, children or de
pendents of an employee in whom shall vest a right to receive payment
under this act.
S e c . 63. The sum of forty thousand dollars ($40,000) annually for the Appropriation,
years 1914, 1915 and 1916, or so much thereof as may be necessary
annually for the maintenance of the State industrial accident commis
sion and the payment of the salaries and expenses of said commission
and its officers and employees, and so much thereof, if any, as may be
necessary to maintain a solvent State accident fund, is hereby appro
priated, and shall be payable on the order or orders of the said commis
sion from time to time, as in this law provided; and the comptroller shall
draw his warrant upon the treasurer of Maryland, as in law provided,
for the annual appropriations. And a further appropriation is hereby
made of the sum of fifteen thousand dollars for the year 1914 for the
necessary expenses of the aforesaid State industrial accident commis
sion to cover printing, office fixtures and such other legitimate expenses
as the commission may incur in establishing their office or offices as in
this act contemplated and the comptroller of the State of Maryland shall
draw his warrant upon the treasurer of Maryland for the said sum of
fifteen thousand dollars ($15,000), or any part thereof, upon the order
or orders presented to the State comptroller by the said State industrial
accident commission.
S ec . 64. Chapter 153 of the Acts of 1910, as amended by chapter 445
of the Acts of 1912 of the General Assembly of Maryland [establishing a
miners’ cooperative insurance fund in Allegany and Garrett counties]
are hereby repealed, except for the purpose of providing confirmation
for all claims which may arise thereunder, prior to the first day of
November, 1914; and if after all such claims are paid, there be a surplus
in the fund, it shall be turned over to the treasurer of Maryland for the
account of the State industrial accident fund, but if there be a deficit in
said fund at the time this act takes effect as between employers and
employees, the payments provided for under chapter 153 of the Acts of
1910 as amended by chapter 445 of the Acts of 1912 shall be continued
by the employer and employees of Allegany and Garrett counties to
the treasurers of said counties until such pending claims are paid, when
said payments shall cease.
Approved April 16, 1914.
Ch a p t e r
840.—Employment of children—General provisions.
S ection 1. Sections 47, 48 and 50 of the Code of Public General Laws
of Maryland, * * * are hereby repealed and reenacted with amend
ments so as to read as follows:
Section 47. No fee shall be charged or collected from any minor, 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,
or other officer issuing a permit, or for any school certificate or physi
cian’s certificate issued under the provisions of this act; but m 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 bureau of statistics and informa
tion on the warrant of the superintendent of schools of said county.
Sec. 48. The chief of the Maryland Bureau of Statistics and Information is hereby authorized to appoint seven inspectors at a compen
sation not exceeding one thousand dollars each per annum, and one
officer, whose duty it shall be to issue employment certificates at a
compensation not exceeding twelve hundred dollars per annum, to carry
out the provisions of this act; they shall also be allowed their actual
expenses when away from the city of Baltimore in the business of their
office; they shall be attached to and be a part of the Maryland Bureau
of Statistics and Information, and be subject to the order of the chief of
said bureau, whose duty it shall be to see that the provisions of this act
are enforced; and said chief of said bureau is further empowered to des-
Certificates to
free*
Inspectors,
124
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
ignate one or more regular physicians, who shall be attached to and be
part of the Maryland Bureau of Statistics and Information and be sub
ject to the order of the chief of said bureau, who shall have such duties
and receive such compensation as shall be determined upon by said chief:
Provided, however, That the total compensation of all physicians so em
ployed by said chief of the Maryland Bureau of Statistics and Infor
mation shall not exceed twenty-five hundred dollars per annum.
Appropriation.
Sec. 50. The sum of seventeen thousand dollars per annum is hereby
appropriated to carry out the provisions of this act.
Approved April 16, 1914.
MASSACHUSETTS,
ACTS OF 1914.
Ch a p t e r
164.—Factory regulations— Toilet appliances.
S ection 1. Whoever willfully destroys, defaces, injures or defiles Defacing
any toilet appliances provided in any place of employment shall be Pliancespunished by a fine of not more than fifty dollars.
Approved March 16, 1914.
Ch a p t e r
ap-
217.—Leave of absencefor employees in public service.
S ection 1. All persons classified as laborers, or doing the work of T w o w e e k s '
laborers, and regularly employed by cities or towns for more than oneleave allowed*
year, shall be granted a vacation of not less than two weeks during each
year of their employment, without loss of pay.
S ec . 2. This act shall be submitted to the voters of each of the cities Act to be voted
and towns of the Commonwealth at the next annual State election for on*
their acceptance or rejection, and shall take effect in any city or town
" *J ceptance by a majority of the voters voting thereon in the
Approved March 23, 1914.
Ch a p t e r
241.—Employment of women—Handling boxes, etc.
S ection 1. Section one of chapter four hundred and twenty-six
of the acts of the year nineteen hundred and thirteen is hereby amended
* * * so as to read as follows:
Section 1. Boxes, baskets and other receptacles which with their Pulleys, etc.,
contents weigh seventy-five pounds or over and which are to be moved re(luire<1>when,
by female employees in any manufacturing or mechanical establish
ment, shall be provided with pulleys, casters or some other mechanical
device connected with such boxes or other receptacles so that they
can be moved easily from place to place in such establishments.
Approved March 25, 1914.
Ch a p t e r
247.—Payment of wages— Weekly pay day.
S ection 1. Section one hundred and twelve of chapter five hundred
and fourteen of the acts of the year nineteen hundred and nine, * * *
is hereby further amended * * * so as to read as follows:
Section 112. Every person, firm or corporation engaged in carrying Scope of law.
on a factory, workshop, manufacturing, mechanical or mercantile
establishment, mine, quarry, railroad or street railway, or a telephone,
telegraph, express or water company, or any of the building trades,
or the construction or repair of any railroad, street railway, road,
bridge, sewer, gas, water or electric-light works, pipes or lines, shall
pay weekly each employee engaged in his or its business the wages
earned by him to within six days of the date of said payment, but any
employee leaving his or her employment, shall be paid in full on the P a y m e n t
following regular pay day,; and any employee discharged from such wee y*
employment shall be paid in full on the day of his discharge, or in the
city of Boston as soon as the provisions of law requiring pay rolls, bills
and accounts to be certified shall have been complied with; and the
Commonwealth, its officers, boards and commissions shall so pay every
mechanic, workman and laborer who is employed by it or them, ana
every person employed by it or them in any penal or charitable insti
tution, and every county and city shall so pay every employee who
125
126
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
is engaged in its business the wages or salary earned by him, unless
such mechanic, workman, laborer or employee requests in writing to
be paid in a different manner; and every town shall so pay each em
ployee in its business if so required by him; but an employee who is
absent from his regular place of labor at a time fixed for payment shall
be paid thereafter on demand. The provisions of this section shall
not apply to an employee of a cooperative corporation or associa
tion if he is a stockholder therein unless he requests such corporaRailroad com- tion to pay him weekly. The board of railroad commissioners, after
panies.
a jiearing ) may exempt any railroad corporation from paying weekly
any of its employees if it appears to the board that such employ
ees prefer less frequent payments, and that their interests and the
interests of the public will not suffer thereby. No corporation, con
tractor, person or partnership shall by a special contract with an em
ployee or by any other means exempt himself or itself from the pro
visions of tnis and the following section. Whoever violates the pro
visions of this section shall be punished by a fine of not less than ten
nor more than fifty dollars.
Approved March 26, 1914.
Ch a p t e r
Power of board.
S ection 1. The State board of labor and industries may require
employers to post in conspicuous positions in any place of employ
ment such placards, posters or signs as the said board may issue for
the information of employees.
Approved March 31, 1914.
Ch a p t e r
No fee to be
charged.
316.—Employment of children—Certificates to befree.
S ection 1. It shall be unlawful for any city or town clerk or other
official to charge any fee for a certificate relating to the age or place of
birth of any minor or to any other fact sought to be established in rela
tion to school attendance, but such certificates shall be issued, upon
request, by any city or town clerk.
Approved April 6, 1914.
Ch a p t e r
Toilet
plied t0
263.—Factory regulations—Posting notices.
328.—Factory regulations—Sanitation and safety.
1. Chapter five hundred and fourteen of the acts of the year
sup' nineteen hundred and nine is hereby amended by striking out section
seventy-nine and inserting in place thereof the following new section:
Section 79. In every factory, workshop, manufacturing, mechanical,
mercantile or other establishment, there shall be provided suitable,
adequate and convenient water-closets and washing facilities, sepa
rate for each sex, of such number, in such location and so constructed,
lighted, ventilated, arranged and maintained as may be determined
by such reasonable rules and regulations as the State board of labor
and industries may adopt with reference thereto. If any such estab
lishment is so located that a connection with a sewer system is, in the
opinion of the said board, impossible or impracticable, it shall provide
such suitable toilet and washing facilities as may be required by the
said board.
rooms,
S ection
Sec. 2. Section ninety-four of said chapter
* * * is hereby
further amended by striking out the said section and inserting in place
thereof the following new section:
Dangerous ma-
guided. t0
Sec. 94. The belting, shafting, gearing, drums and all machinery
having movable parts in all factories, mechanical establishments,
workshops and mercantile establishments, if so placed as, in the opin
ion of the State board of labor and industries, to be dangerous to em
ployees therein while engaged in their ordinary duties, shall be, so
far as is practicable, securely guarded. No machinery except steam
engines m a factory, mechanical establishment, workshop or mer
cantile establishment shall be cleaned while running if objection in
writing is made by one of the inspectors of said board. Every factory,
workshop, manufacturing, mechanical and mercantile establishment
LABOR LEGISLATION OF 1914---- MASSACHUSETTS.
127
shall be well lighted, well ventilated and kept clean and free from
unsanitary conditions, according to such reasonable rules and regula
tions as may be adopted with reference thereto by the State board of
labor and industries.
S e c . 3. Nothing in this act shall be construed as applying to the Elevators,
belting, shafting, gearing, drums or machinery used in the operation
of elevators, nor in any way as affecting the powers of the board of ele
vator regulations given by chapter eight hundred and six of the acts
of the year nineteen hundred and thirteen.
Approved April 8, 1914.
C h a p t e r 338.—Compensation
of workmen for injuries—Massachusetts
employees’ insurance association.
S ection 1. Part IV of chapter seven hundred and fifty-one of the
acts of the year nineteen hundred and eleven is hereby amended by
striking out section two and inserting in place thereof the following
new section:
Section 2. The board of directors of the association shall consist of not Board of dlrecless than fifteen members, to be elected by ballot by the members, tors*
who shall hold office for such term or terms as the by-laws may pro
vide in accordance with the provisions of section twenty-six of chapter
five hundred and seventy-six of the acts of the year nineteen hundred
and seven and until their successors are elected.
Approved April 11, 1914.
C h a p t e r 347.—Strikes,
etc.—Notice in advertisementsfor labor.
S ection 1. If an employer, during the continuance of a strike A d v e r t i s e among his employees, or during the continuance of a lockout or other
etcdUrin8
labor trouble among his employees, publicly advertises in newspapers,
’
or by posters or otherwise, for employees, or by himself or his agents
solicits persons to work for him to fill the places of strikers, he shall
plainly and explicitly mention in such advertisements or oral or writ
ten solicitations that a strike, lockout or other labor disturbance exists
among his employees.
S e c . 2. No employer, during the continuance of a strike, lockout or Statements to
other labor trouble among his employees, shall directly or indirectly beexpllclt*
procure or attempt to procure persons to fill the places of employees
mvolved in such strike, lockout or other labor trouble, if such persons
are or have been solicited by means of advertisements or oral or writ
ten statements in which it has not been plainly and explicitly men
tioned that a strike, lockout or other labor trouble exists in the estab
lishment where such persons are to be employed. This provision shall
apply whether such advertisements or oral or written solicitations
were made within or without the Commonwealth.
S e c . 3. No person, firm, association or corporation, during the con- Agents to give
tinuance of a strike, lockout or other labor trouble among the employees no *
of another person, firm, association or corporation, shall procure, or
attempt to procure, or assist in any way in procuring, or attempting to
procure persons to work for such other person, firm, association, or cor
poration, to fill the places of employees involved in such strike, lockout
or other labor trouble, if such persons are or have been solicited by ad
vertisements or oral or written statements, whether made within or
without the Commonwealth, in which it has not been plainly and ex
plicitly mentioned that a strike, lockout or other labor trouble exists in
the establishment where such persons are to be employed.
S e c . 4. Any person, firm, association or corporation violating any Violations,
provision of this act shall be punished by a fine not exceeding one
hundred dollars for each offense.
S e c . 5. The provisions of this act shall cease to be operative when End of strike,
the State board of conciliation and arbitration shall determine 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 deter
mine this question as soon as may be, upon the application of the em
ployer.
Approved April 13,1914.
128
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Ch a p t e r
352.—Pensions for 'public employees.
S ection 1. A n y laborer in the employ of any fire or water district
which accepts this act, who has reached the age of sixty years and has
been in the employ of such district for a period of not less than twentyfive years and has become physically or mentally incapacitated for
labor, and any laborer in the employ of any such district who has been
in such employ for aperiod of not less than fifteen years and has become
physically or mentally incapacitated for labor by reason of any injury
received m the performance of his duties for such district may, at his
request, with the approval of the prudential committee or water com
missioners, be retired from service, and if so retired he shall receive
from the district, for the remainder of his life, an annual pension equal
to one-half of the average annual compensation paid to him as a laborer
during the two years next prior to his retirement. Any laborer in the
employ of such a district who has reached the age of sixty-five years
and has been in such employ for a period of not less than twenty-five
years shall be retired from service and shall receive from the district an
annual pension computed in the manner hereinbefore set forth. This
section shall take effect in any fire or water district if accepted by a
majority of the voters in that district who are present and vote thereon
at any annual meeting or at any special meeting duly called for the
purpose.
Measure to be S e c . 2. If any city or town is now under any obligation under chapter
voted on.
fiv e hundred and three of the acts of the year nineteen hundred and
twelve or under chapter six hundred and seventy-one of the acts of the
year nineteen hundred and thirteen to pay a pension to any employee
of a fire or water district, that obligation shall cease on the day of the
next regular annual meeting of the district contained or partly con
tained in such city or town; and at the said next annual meeting of such
district this act shall be submitted to the voters thereof, and if the act is
accepted by a majority of the voters voting thereon, then the pension
payable by the said city or town to the former employees of the district
shall thereafter be payable by the district, and the obligation to pay
pensions in accordance with the provisions of this act shall thereafter
rest upon the said district and not upon the city or town in which the dis
trict is contained or partly contained. This section shall take effect
upon the passage of this act.
Approved April 13, 1914.
Who may receive pensions.
Ch a p t e r
368.—Employment of women and children—Minimum wages.
S e c t io n 1. Section four of chapter seven hundred and six of the acts
of the year nineteen hundred and twelve is hereby amended * * *
so as to read as follows:
Wage boards to
Section 4. If after such investigation the commission is of the opinion
be established,
that in the occupation in question the wages paid to a substantial
number of 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 of an equal number of representatives
of employers in the occupation in question, and of persons to represent
the female employees in said occupation, and of one or more disinter
ested persons appointed by the commission to represent the public; but
the representatives of the public shall not exceed one-half of the number
of representatives of either of the other parties. The commission shall
give notice to employers and employees in said occupation by publica
tion or otherwise of its determination to establish a wage board and
shall request that said employers and employees, respectively, nominate
representatives for said board by furnishing names to the commission.
The representatives of employers and employees shall be selected by
the commission from names furnished by the employers and by the
employees, respectively, provided that these names are furnished
within ten days after the request of the commission. The commission
shall designate as chairman one of the representatives of the public,
and shall make rules and regulations governing the selection of mem
bers and the modes of procedure of the boards, and shall exercise ex-
LABOR LEGISLATION OF 1914---- MASSACHUSETTS,
129
elusive jurisdiction over all questions arising with reference to the
validity of the procedure and of the determinations of the boards. The
members of wage boards shall be compensated at the same rate as
jurors, and they shall be allowed the necessary traveling and clerical
expenses incurred in the performance of their duties, these payments
to be made from the appropriation for the expenses of the commission.
Sec. 2. Section six of said chapter * * * is hereby further
amended * * * so as to read as follows:
Sec. 6. Upon receipt of a report from a wage board, the commission Review of findshall review the same, and may approve any or all of the determinations gs*
recommended, or may disapprove any or all of them, or may recommit
the subject to the same or to a new wage board. If the commission
approves any or all of the determinations 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
determination, it shall enter a decree of its findings and note thereon the
names of employers, so far as they may be known to the commission, who
fail or refuse to accept such minimum wage and to agree to abide by it.
The commission shall thereafter publish at such times and in such man
ner as it may deem advisable a summary of its findings and of its recom
mendations. It shall also at such times and in such manner as it shall
deem advisable publish the facts, as it may find them to be, as to the
acceptance of its recommendations by the employers engaged in the
industry to which any of its recommendations relate, and may publish
the names of employers whom it finds to be following or refusing to fol
low such recommendations. An employer who files a declaration under
oath in the supreme judicial court or the superior court to the effect
that compliance with the recommendation of the commission would
render it impossible for him to conduct his business at a reasonable
profit shall be entitled to a review of said recommendation by the court
under the rules of equity procedure. The burden of proving the aver
ments of said declaration shall be upon the complainant. If, after
such review, the court shall find the averments of the declaration to
be sustained, it may issue an order restraining the commission from
publishing the name of the complainant as one who refuses to comply
with the recommendations of the commission. But such review, or
any order issued by the court thereupon, shall not be an adjudication
affecting the commission as to any employer other than the com
plainant, and shall in no way affect the right of the com m ission to
publish the names of those employers who do comply with its recom
mendations. The type in which the employers’ names shall be printed
shall not be smaller than that in which the news matter of the paper
:*
‘ ’
” be attested by the signature of at
repealed.
x)ter seven hundred and six is hereby
Sec. 4. Section eleven of said chapter *
amended * * * so as to read as follows:
*
*
is hereby further
Sec. 11. Every employer of women and minors shall keep a register Register of emof the names, addresses and occupations of all women and minors em- p yees<
ployed by him, together with a record of the amount paid each week to
each woman and minor, and shall, on request of the commission or of the
director of the bureau of statistics, permit the commission or any of its
members or agents, or the director of the bureau of statistics or any duly
accredited agent of said bureau, to inspect the said register and to exam
ine such parts of the books and records of employers as relate to the
wages paid to women and minors. The commission shall also have
power to subpoena witnesses, administer oaths and take testimony.
Buch witnesses shall be summoned in the same manner and be paid
from the treasury of the Commonwealth the same fees as witnesses
before the superior court.
Sec. 5. Section thirteen of said chapter * * * is hereby further
amended * * * so as to read as follows:
Sec. 13. Any employer who discharges or in any other manner dis- Employees furcriminates against any employee because such employee has testified, ttonetc.^mformaor is about to testify, or has served or is about to serve upon a wage board,
*
73734°— Bull. 166— 15------ 9
130
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
or is or has been active in the formation thereof, or has given or is about
to give information concerning the conditions of such employee’s em
ployment, or because the employer believes that the employee may
testify, or may serve upon a wage board, or may give information con
cerning the conditions of the employee’s employment, in any investiga
tion 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 of not less than two hundred dollars and not more
than one thousand dollars for each offense.
Approved April 17, 1914.
Ch a p t e r
Retirement for
disability.
S ection 1. Any employee of the Commonwealth subject to and
affected by the provisions of chapter five hundred and thirty-two of
the acts of the year nineteen hundred and eleven and the amendments
thereof, may, after fifteen years of continuous service, be retired for
permanent disability at a yearly rate of not more than one-half of his
salary, based on the average sums received during the last ten years of
service: Provided, however, That the minimum amount be not less
than two hundred dollars and that the tables now in use by the board
of retirement be used in determining the amount io be paid, and the
board of retirement may call upon the surgeon general to assist it in
determining the degree of disability. The decision of the board of
retirement shall be final.
Approved April 28, 1914.
Ch a p t e r
inspector to be
appointed.
421.—Inspectors of factories, etc.—Explosives.
S ection 1. There shall annually be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding twenty-five
hundred dollars, to be expended by the chief of the district police for
the employment of expert assistance to aid in the enforcement of the
statutes relative to explosives and inflammable fluids and compounds.
Approved April 28, 1914.
Ch a p t e r
Rate per day.
419.—Pensions for public employees.
458.— Wages of employees o f prison commissioners.
Section 1. The wages paid by the board of prison commissioners to
male laborers directly employed by it shall be not less than two dollars
and a half a day.
Approved April 30, 1914.
Ch a p t e r
Liability
loss*
for
464.—Employers’ liability, etc., insurance.
S ection 1. In respect to every contract of insurance made between
an insurance company and any person, firm or corporation, by which
such person, firm or corporation is insured against loss or damage on
account of the bodily injury or death by accident of any person, for
which loss or damage such person, firm or corporation is responsible,
whenever a loss occurs on account of a casualty covered by such con
tract of insurance, the liability of the insurance company shall become
absolute, and the payment of said loss shall not depend upon the
satisfaction by the assured of a final judgment against him for loss, or
damage, or death, occasioned by said casualty. No such contract of
insurance shall be canceled or annulled by any agreement between
the insurance company and the assured after the said assured has
become responsible for such loss or damage, and any such cancellation
or annullment shall be void.
Rights of judg- Sec. 2. Upon the recovery of a final judgment against any person,
ment creditor.
firm or corporation by any person, including administrators or exec
utors, for loss or damage on account of bodily injury or death, if the
defendant in such action was insured against said loss or damage at the
time when the right of action arose, the judgment creditor shall be
131
LABOR LEGISLATION OF 1914---- MASSACHUSETTS.
entitled to have the insurance money, provided for in the contract of
insurance between the insurance company and the defendant, applied
to the satisfaction of the judgment, and if the judgment is not satisfied
within thirty days after the date when it is rendered, the judgment
creditor may proceed in equity against the defendant and the in
surance company to reach and apply the insurance money to the satis
faction of the judgment.
Approved May 2, 1914.
Ch a p t e r
467.—Factory regulations—Ammonia compressors.
S e c t io n 1. It shall be unlawful to use an ammonia compressor
unless it is equipped with a safety valve.
Safety valve,
Sec. 2. The board of boiler rules shall within ninety days after the
passage of this act formulate rules for the size, design, location and
piping of safety valves on ammonia compressors.
Sec. 3. The rules so formulated shall have the force of law and
Rules.
Force.
shall be printed and furnished to those requesting them by the boiler
inspection department.
Sec. 4. Any changes in the rules as formulated by the board of Changes,
boiler rules shall be made in accordance with section twenty-six of
chapter four hundred and sixty-five of the acts of the year nineteen
hundred and seven, as amended by section two of chapter three
hundred and ninety-three of the acts of the year nineteen hundred
and nine.
Sec. 5. The provisions of this act shall be enforced by the boiler Enforcement,
inspection department of the district police, * * *
Approved May 2, 1914.
Ch a p t e r
474.— Wages of mechanics on public works.
Section 1. Section twenty-one of chapter five hundred and fourteen
of the acts of the year nineteen hundred and nine is hereby amended
* * * so as to read as follows:
Section 21. In the employment of mechanics and laborers in the con- Citizens prestruction of public works by the Commonwealth, or by a county, city
or town, or by persons contracting therewith, preference shall be given
to citizens of the Commonwealth, and, if they can not be obtained in
sufficient numbers, then to citizens of the United States; and every
contract for such works shall contain a provision to this effect. The
wages for a day’s work paid to mechanics employed in such construc
tion of public works shall be not less than the customary and prevail- Current rates of
ing rate of wages for a day’s work in the same trade or occupation in wages.
the locality, city or town where such public works are constructed.
Any contractor who knowingly and willfully violates the provisions of
this section shall be punished by a fine of not more than one hundred
dollars for each offense.
Sec. 2. The board of labor and industries shall enforce the provisions Enforcement,
of this act, and in case of any dispute that may arise upon public works
as to the customary and prevailing rate of wages the board of labor and
industries shall investigate the wages paid in the trade or occupation
in the locality, city or town where such public works are under construc
tion and decide what rate of wages shall be paid upon such works.
Approved May 5, 1914.
Ch a p t e r
486.—Civil service—Employees included.
S ection 1. The civil service commissioners shall prepare rules, Engineers and
which shall take effect when approved by the governor and council in firementhe manner provided by law, for including within the classified civil
service all engineers, and all persons having charge of steam boilers,
heating, lighting and power plants maintained by the Commonwealth.
Approved May 6,1914.
132
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Ch a p t e r
533.—State board of labor and industries—Reports.
Section fourteen of chapter seven hundred and twentysix of the acts of the year nineteen hundred and twelve is hereby
amended * * * so as to read as follows:
Annual reports.
Section 14 . The board shall annually, on or before the first Wednesday
in January, submit to the general court a report containing a statement
of the character and results of the work performed by it or under its
direction during the preceding year and of 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. Thirty-five hundred copies of the report shall
be printed, of which number twenty-five hundred copies shall be
delivered to the said board for distribution. Five hundred copies of
those delivered to the board for distribution shall be bound in cloth.
Approved May 16, 1914.
S ection 1.
541.—Preference of domestic materials for me on public works.
Ch a p t e r
Lf0calr]products
preferred.
In the purchase of marble or other stone or brick material
to be used in constructing the additions to the statehouse, provided
for by chapter eight hundred and thirty of the acts of the year nineteen
hundred and thirteen, preference shall be given by the statehouse
building commission to material quarried or manufactured within the
Commonwealth.
Approved May 20, 1914.
Section 1.
Ch a p t e r
553.—Employers9 liability, etc.—Contributory negligence.
Defense affirm- ^ Section 1. In all actions, civil or criminal, to recover damages for
ative only.
injuries to the person or property or for causing the death of a person,
the person injured or killed shall be presumed to have been in the
exercise of due care, and contributory negligence on his or her part shall
be an affirmative defense to be set up in the answer of, and proved by
the defendant.
Approved May 21,1914.
Ch a p t e r
557.—Factory regulations—Provisions for accidents.
Medical a n d S ection 1. Chapter five hundred and fourteen of the acts of
surgical supplies. nineteen hundred and nine is hereby amended by striking
the year
out sec
tion one hundred and four and inserting in place thereof the following
new section:
Section 104. Every person, firm or corporation operating a factory or
shop in which machinery is used for any manufacturing or other pur
pose except for elevators, or for heating or hoisting apparatus, shall at
all times keep and maintain, free of expense to the employees, such
medical or surgical chest, or both, as shall be required by the State
board of labor and industries, and containing plasters, bandages,
absorbent cotton, gauze, and all other necessary medicines, instruments
and other appliances for the treatment of persons injured or taken ill
upon the premises, and every person, firm or corporation carrying on a
business in a mercantile establishment in which twenty or more women
or minors are employed, shall in like manner provide such medical and
surgical chest as the State board of labor and industries may require.
A person, firm or corporation violating any provision of this section
shall be punished by a fine of not less than five dollars nor more than
five hundred dollars for every week during which such violation con
tinues.
Approved May 22, 1914.
Ch a p t e r
Boors not to be
locked.
566.—Factory regulations—Locking doors during work hours.
Chapter five hundred and fourteen of the acts of the year
nineteen hundred and nine is hereby amended by striking out section
ninety-three and inserting in place thereof the following new section:
S ection 1.
LABOR LEGISLATION OF 1914---- MASSACHUSETTS.
133
^Section 93. No outside or inside doors of any buildingin which opera
tives are employed shall be so locked, bolted or otherwise fastened
during the hours of labor as to prevent free egress. Any person having
charge of any such building or of any room thereof, any exit door of
which shall be found to be so locked, bolted or otherwise fastened dur
ing the hours of labor as to prevent free egress, shall be punished by a
fine of not less than twenty-five dollars nor more than five hundred
dollars or by imprisonment for not more than one year, or by both such
fine and imprisonment.
Approved May 22, 1914.
Ch a p t e r
568.—Pensions for public employees.
S ection 1. Section one of chapter five hundred and thirty-two of
the acts of the year nineteen hundred and eleven, * * * is hereby
further amended * * * so that said paragraph [f] will read as fol
lows:
(f) The words “ continuous service” mean uninterrupted employ- C o n t i n u o u s
ment, with these exceptions: A lay off on account of illness or reduction servlce*.
of force, and a leave of absence, suspension or dismissal followed by
reinstatement within two years. As to appointees of the sergeant at
arms the interval between sessions of the general court shall not be con
sidered as breaking the continuity of service, and engineers and in
spectors in the intermittent service of the Commonwealth shall not lose
the benefit of continuity of service in the intervals between employ
ments, and, for the purpose of computation, cumulative credit shall be
given them for all periods of employment in the service of the Common
wealth, as shown by the records of the civil service commission.
Approved May 22,1914.
Ch a p t e r
580.—Employment of children—Issue of certificates.
S ection 1. The third paragraph of section fifty-nine of chapter five
hundred and fourteen of the acts of the year nineteen hundred and nine,
* * * is hereby further amended * * * so that said third para
graph will read as follows:
No such school record shall be issued or accepted unless the child has School attendregularly attended the public schools or other lawfully approved schools ance*
for not less than one hundred and thirty days after becoming thirteen
years of age: Provided, however, That the school record may be accepted
m the case of a person who has been an attendant at a public day school
or other lawfully approved school for a period of not less than seven
years, if in the opinion of said superintendent such person is mentally
incapable of acquiring the educational qualifications herein prescribed:
And provided further, That the superintendent of schools shall have
authority to suspend this requirement in any case when, in his opinion,
the interests of the child will best be served by such suspension.
[Became a law without the approval of the governor.]
Ch a p t e r
582.—State employees’ retirement association—Refunds.
S ection 1. The paragraph headed “ A. Refunds.—(a)’ ’ of section
six of chapter five hundred and thirty-two of the acts of the year nine
teen hundred and eleven, is hereby amended * * * so as to read
as follows:
A. Refunds.—(a) Should a member of the association cease to be an Paymentsto be
employee of the Commonwealth for any cause other than death before u
becoming entitled to a pension, there shall be refunded to him all
the money paid in by him under section five, (2) A, with such interest
as shall have been earned thereon.
S e c. 2 . The paragraph headed “ B . Annuities from employees’
deposits’ ’ of section six of said chapter five hundred and thirty-two
is hereby amended * * * so as to read as follows:
B . Annuities from employees’ deposits.—Any member who reaches Annuities,
the age of sixty years and has been in the continuous service of the
134
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
Commonwealth for fifteen years immediately preceding, and then or
thereafter retires or is retired, any member who retires or is retired at
the age of seventy years, and any member who is retired for the good of
the service under the provisions of section three, (5), shall receive an
annuity to which the sum of his deposits under section five, (2), with
such interest as shall have been earned on such deposits, shall entitle
him, according to the tables adopted by the board of retirement, in one
of the following forms:
Approved May 29, 1914.
C h a p t e r 600.—Preference
of citizens for employment on public works.
S e c t io n 1. In all work of any branch of the service of the Commonwealth, or of any city or town therein, citizens of the Commonwealth
shall be given preference.
c i v i l-service S ec . 2. The civil service commission shall not place upon its lists
llsts*
any person not a citizen of the United States.
Aliens to be S e c. 3. If an appointing officer, because of the nonexistence of a list
discharged.
0f eligible appointees, appoints under provisional authority from the
civil service commission a person not a citizen of the United States, he
shall discharge the person so appointed and appoint from the eligible
list whenever the civil service commission establishes a list of the
proper class.
Duty of civil
S ec . 4. Whenever the attention of the civil service commission shall
sion?Ce commis" be called by complaint on the part of any citizen of the Commonwealth
to the employment of a noncitizen when there is a list of eligibles exist
ing, the commission shall take steps to enforce the dismissal of such
noncitizen and the appointment in his place from the suitable eligible
list.
Violations.
S e c. 5. Whenever it shall appear that any appointing officer has
had due notice of unlawful employment of a noncitizen and that the
said appointing officer has continued such employment for ten days
after such notice, he shall be subject to a fine of not less than ten nor
more than one hundred dollars for each offense.
Approved June 2, 1914.
Citizens
preferred.
to be
C h a p t e r 618.—Compensation
of workmen for injuries—Election by
municipalities.
Towns m a y
vote, when.
S ection 1. Towns and districts which have an annual meeting of the
legal voters, and which, for any cause, failed to submit chapter eight
hundred and seven of the acts of the year nineteen hundred and thir
teen, being “ An act to provide for compensating certain public
employees for injuries sustained in the course of their employment, ”
for acceptance to the voters of the town or district at the next annual
meeting after the passage of said act, may submit said act for acceptance
by the legal voters of the town or district at the annual meeting in the
year nineteen hundred and fifteen, and such submission and the vote
thereon shall have the same effect as if the act had been submitted at
the next annual meeting of the town or district after the passage of said
act.
Approved June 4, 1914.
C h a p t e r 623.—Hours
Eight-hour
day*
of labor of prison, etc., employees.
S e c t io n 1. The hours of labor of officers, watchmen and matrons
employed by counties in the prisons and reformatory institutions of the
Commonwealth shall not exceed eight a day, with the exceptions and
subject to the provisions contained in section one of chapter four hun
dred and ninety-four of the acts of the year nineteen hundred and
eleven, so far as the said exceptions and provisions are applicable.
Approved June 4, 1914.
LABOR LEGISLATION OF 1914---- MASSACHUSETTS.
135
Chapter 649.— Compressed air— Inspection of tanks, etc.
Section 1. N o person shall install or use, or cause to be installed or Inspection re
used, any tank or other receptacle, except pipes laid from tanks or <luiredother receptacles, for the keeping or storing of compressed air at any
pressure exceeding fifty pounds per square inch, for use in operating
pneumatic machinery, unless the owner or user thereof shall hold a cer
tificate of inspection issued by the boiler inspection department of the
district police, certifying that the said tank or other receptacle has duly
been inspected within two years, or unless the owner or user shall hold a
policy of insurance upon tie said tank or other receptacle issued by an
insurance company operating under the laws of this Commonwealth,
together with a certificate of inspection from an insurance inspector who
holds a certificate of competency as a boiler inspector issued by the
boiler inspection department of the district police.
Sec. 2. The board of boiler rules shall prescribe regulations for the
size, shape, construction, gauges, operation, maximum pressure, safety
devices, use of oil, and other appurtenances necessary for the safe opera
tion of all tanks or other receptacles used for the storing of compressed
air, except those exempted by section seven of this act.
Sec. 3. The boiler inspection department of the district police shall
Regulations,
Inspections bi-
inspect all of the said tanks or other receptacles having a pressure in ennialexcess of fifty pounds per square inch, at least once every two years:
Provided however, That the said department shall not be required to
inspect such tanks or other receptacles as may be covered by a policy of
insurance and inspected by insurance inspectors as specified in section
one.
Sec. 4. All owners of any of the said tanks or other receptacles having Owners to give
a pressure in excess of fifty pounds per square inch shall notify the chief noticeof the district police of the location of the same.
Sec. 5. Every insurance company authorized to insure air tanks Duty of insurwithin this Commonwealth shall forward to the chief of the district ance comPaniespolice, within fourteen days after each internal and external inspection
of an air tank or other such receptacle, a report of such inspection. The
reports shall be made on blanks furnished by the chief of the district
police, and shall contain all orders and regulations made by the com
pany regarding the air tanks or other receptacles so inspected.
Sec. 6. The inspection shall consist of a hammer test, and, if required Nature of to
by the inspector, also a hydrostatic test the pressure of which shall be sPectionone and one-half times the pressure allowed on the air tank or other
receptacle inspected. The air tank or other receptacle shall be pre
pared for inspection by the owner or user thereof.
Sec. 7. The provisions of this act shall not apply to tanks or other Exemptions,
receptacles used for the keeping or storing of compressed air when
attached to locomotives, street or railway cars, vessels or motor vehicles.
Sec. 8. The sum of three dollars shall be paid to the boiler inspection Fee.
department of the district police by the owner, agent or user of any
such tank or other receptacle for every inspection thereof by the said
department, herein provided for.
Sec. 9. Whoever violates any provision of this act, or any regulation Violations,
made under authority hereof, shall be punished by a fine not exceeding
fifty dollars, or by imprisonment for not more than thirty days, or by
both such fine ana imprisonment.
Approved June 9, 1914.
Chapter 656.— Industrial accident board—Reports.
Section 1. The industrial accident board established by section one Reports to be
of Part III of chapter seven hundred and fifty-one of the acts of the annua *
year nineteen hundred and eleven shall make an annual report to the
general court; of which report there shall be printed four thousand five
hundred copies, fifteen hundred to be bound, and the remainder to be
unbound. Of the said copies, five hundred bound and five hundred
unbound shall be distributed by the secretary of the Commonwealth,
and the remainder shall be distributed by the board.
Approved June 10, 1914.
136
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Chapter 681.—Arbitration, etc., o f labor disputes.
Notice
board.
Section 1. Chapter five hundred and fourteen of the acts of the year
nineteen hundred and nine is hereby amended by striking out section
eleven and inserting in place thereof the following new section:
to Section 11. A mayor of a city or the selectmen of b,town, having knowledge that a strike or lockout such as is described in this act is seriously
threatened or actually occurs in such city or town, shall at once give
notice to the State board. Notice may be given by the employer or
by the employees concerned in the controversy, strike, or lockout.
When the State board has knowledge that a strike or lockout, which
involves an employer and his present or former employees, is seri
ously threatened or has actually occurred, and such employer at that
time is employing, or upon the occurrence of the strike or lockout,
was employing not less than twenty-five persons in the same general
line of business in any city or town in the Commonwealth, the State
board shall, as soon as may be, communicate with such employer and
employees and endeavor by mediation to obtain an amicable settle
ment, or endeavor to persuade them to submit the controversy to a
local board of conciliation and arbitration or to the State board. If a
settlement is not agreed upon and the parties refuse to submit the
matter in dispute to arbitration, the State board shall investigate the
cause of such controversy and ascertain which of the parties thereto
is mainly responsible or blameworthy for the existence or continuance
of the same, and shall, unless a settlement of the controversy is
reached, make and publish a report finding such cause and assigning
such responsibility or blame. The State board may employ agents
to assist in the said investigation. Said board shall, upon the request
of the governor, investigate and report upon a controversy if in his
opinion it seriously affects or threatens seriously to affect the public
welfare. The State board shall have the same powers for the fore
going purpose as are given to it by the provisions of the four following
sections. The State board shall by publication or otherwise inform
employers and employees of their duty to give notice to the State
board before resortmg to a strike or lockout and of the provisions of
this act affecting the rights of employers and employees relative to
industrial disputes.
Sec. 2. Chapter five hundred and fourteen of the acts of the year
nineteen hundred and nine is hereby amended by striking out section
sixteen and inserting in place thereof the following new section:
Local boards.
Sec. 16. The parties to any controversy such as is described in
section thirteen of this act may submit the controversy in writing to
a local board of conciliation and arbitration which may be composed
either of three members mutually agreed upon, or of a member desig
nated by the employer, a member chosen by the employees, or their
duly authorized representative, and a third, who shall be chairman,
chosen by those two. Such board shall have and exercise, relative
to matters referred to it, all the powers of the State board, and its
decision shall have such binding effect as may be agreed upon by the
arties to the controversy in the written submission. Such board shall
ave exclusive jurisdiction of the controversy submitted to it, but it
may ask the advice and assistance of the State board. The decision
of such board shall be rendered within ten days after the close of any
hearing held by it, and shall forthwith be filed with the clerk of the
city or town in which the controversy arose, and a copy thereof shall
be forwarded by said clerk to the State board. Each of such arbitrators
shall be entitled to receive from the treasury of the city or town in
which the controversy submitted arose, with the approval in writing
of the mayor of the city or the selectmen of the town, the sum of three
dollars for each day of actual service, not exceeding ten dollars for any
one arbitration.
Approved June 18, 1914.
E
Chapter 708.—Compensation of workmenfor injuries.
Section 1. Chapter seven hundred and fifty-one of the acts of the
year nineteen hundred and eleven is hereby amended bv striking out
section five of Part II and inserting in place thereof the following new
section:
137
LABOR LEGISLATION OF 1914---- MASSACHUSETTS.
Section 5. During the first two weeks after the injury, and, if the
employee is not immediately incapacitated thereby from earning full
wages then from the time of such incapacity, and in unusual cases, in
the discretion of the board, for a longer period, the association shall
furnish reasonable medical and hospital services, and medicines, when
they are needed. Where, in a case of emergency or for other justifiable
cause, a physician other than the one provided by the association* is
called in to treat the injured employee, the reasonable cost of nis
services shall be paid by the association, subject to the approval of the
industrial accident board. Such approval shall be granted only if
the board finds that there was such justifiable cause and that the
charge for the services is reasonable.
Medical,
etc.
*
Sec. 2. Said chapter seven hundred and fifty-one is hereby further
amended by striking out section six of Part II and inserting in place
thereof the following new section:
Sec. 6. If death results from the injury, the association shall pay Death benefits,
the dependents of the employee, wholly dependent upon his earnings
for support at the time of injury, a weekly payment equal to sixtysix and two-thirds per cent of his average weekly wages, but not more
than ten dollars nor less than four dollars a week for a period of five
hundred weeks from the date of the injury; but in no case shall the
amount be more than four thousand dollars. If the employee leaves
dependents only partially dependent upon his earnings for support at
the time of his injury, the association shall pay such dependents a
weekly compensation equal to the same proportion of the weekly pay
ments for the benefit of persons wholly dependent as the amount con
tributed 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 five hun
dred weeks from the date of the injury.
Sec. 3. Said chapter seven hundred and fifty-one is hereby further
amended by striking oat section seven of Part II and inserting in place
thereof the following new section:
Sec. 7. The following persons shall be conclusively presumed to be Dependents,
wholly dependent for support upon a deceased employee:—
(a) A wife upon a husband with whom she lives at the time of his
death, or from whom, at the time of his death, the industrial accident
board shall find the wife was living apart for justifiable cause or because
he had deserted her. The findings of the board upon the questions
of such justifiable cause and desertion shall be final.
(b) A husband upon a wife with whom he lives at the time of her
death.
(c) A child or children 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 at the time of the death of
such parent, there being no surviving dependent parent: Provided,
That m the event of the death of an employee who has at the time of
his death a living child or children by a former wife or husband, under
the age of eighteen years, (or over said age, but physically or mentally
incapacitated from earning), said child or children shall be conclu
sively presumed to be wholly dependent for support upon such de
ceased employee, and the death benefit shall be divided between the
surviving wife or husband and all the children of the deceased em
ployee in equal shares, the surviving wife or husband taking the same
share as a child. The total sum due the surviving wife or husband
and her or his own children shall be paid directly to the wife or hus
band for her or his own use and for the benefit of her or his own chil
dren, and the sums due to the children by the former wife or husband
of the deceased employee shall be paid to their guardians or legal rep
resentatives for the benefit of such children.
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
138
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
part thereof, and 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.
S e c . 4. Section nine of Part II of said chapter is hereby amended
* * * so as to read as follows:
Total disabilSec. 9. While the incapacity for work resulting from the injury is
ity*
total, the association shall pay the injured employee a weekly compen
sation equal to sixty-six and two-thirds per cent of 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 the amount more than four thousand
dollars.
Sec. 5. Said chapter seven hundred and fifty-one is hereby further
amended by striking out section ten of Part II and inserting in place
thereof the following new section:
. Partial disabilSec. 10. While the incapacity for work resulting from the injury is
lty*
partial, the association shall pay the injured employee a weekly com
pensation equal to sixty-six ana two-thirds per cent of 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 five hundred weeks from the date of the
injury, nor the amount more than four thousand dollars.
S e c . 6. Section eleven, of Part II of said chapter * * * is hereby
further amended by striking out said section and inserting in place
thereof the following new section:
Sec. 11. In case of the following specified injuries the amounts here
inafter named shall be paid in addition to all other compensation:
Schedule f or
(a) For the loss by severance of both hands at or above the wrist, or
specific injuries, b o th feet at or above the ankle, or the loss of one hand and one foot, or
the reduction to one-tenth of normal vision in both eyes with glasses,
sixty-six and two-thirds per cent 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.
(b) For the loss by severance of either hand, at or above the wrist, of
either foot at or above the ankle, or the reduction to one-tenth of normal
vision in either eye with glasses, sixty-six and two-thirds per cent of the
average weekly wages of the injured person, for each hand or foot so
severed, 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 of two or
more fingers, including thumbs, of the same hand, or of two or more
toes of the same foot, sixty-six and two-thirds per cent 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 twenty-five weeks
for each hand or foot so injured.
(d) For the loss by severance of at least one phalange of a finger,
thumb or toe, sixty-six and two-thirds per cent 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 twelve weeks for each hand or foot so
injured.
(e) The additional amounts provided for in this section in case of the
loss of a hand, foot, thumb, finger, toe, or phalange, shall also be paid for
the number of weeks above specified in case the injury is such that the
hand, foot, thumb, finger, toe or phalange is not lost but so injured as to
be permanently incapable of use.
S ec . 7. Section thirteen of Part II of said chapter seven hundred
and fifty-one is hereby amended * * * so as to read as follows:
Payee.
Sec. 13. The compensation payable under this act in case of the
death of the injured employee shall be paid to his legal representative;
or, if he has no legal representative to his dependents; or, if he leaves no
dependents, to the persons to whom payment of the expenses for the
last sickness and burial are due. If the payment is made to the legal
representative of the deceased employee, it shall be paid by him to the
Appointment dependents or other persons entitled thereto under this act. When the
ative epreS
appointment of a legal representative of a deceased employee, not
otherwise necessary, is required for carrying out the provisions of this
LABOR LEGISLATION OF 1914— MASSACHUSETTS.
139
act, the association shall furnish or pay for all legal services rendered
in connection with the appointment of such legal representative, or in
connection with any of his duties, and shall pay the necessary dis
bursements for such appointment, the necessary expenses of such legal
representative, and reasonable compensation to him for time neces
sarily spent in carrying out said provisions. All of said payments
shall be in addition to all sums paid for compensation.#
S e c . 8. Said chapter seven hundred and fifty-one is hereby further
amended by striking out section twenty-two of Part II and inserting in
place thereof the following new section:
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, in unusual cases payments'
where the parties agree and the board Seems it to be for the best interest
of the employee or his dependents, be redeemed by the payment,
in whole or in part, by the association of a lump sum which shall be
fixed by the board, but in no case to exceed the amount provided by this
act. The board may, however, in its discretion at any time in the
case of a minor who has received permanently disabling injuries, either
partial or total, provide that he be compensated in whole or in part
by the payment of a lump sum, the amount of which shall be fixed by
the board, but in no case to exceed the amount provided by this act.
Sec. 9. Section five of Part III of said chapter, * * * is hereby
further amended * * * so as to read as follows:
Sec. 5. If the association and the injured employee fail to reach an Arbitration,
agreement in regard to compensation under this act, or if they have
reached such an agreement, which has been signed and filed in accord
ance with the provisions of this act, and compensation has been paid
or is due in accordance therewith and the parties thereto then disagree
as to the continuance of any weekly payments under such agreement,
either party may notify the industrial accident board who shall there
upon call for the formation of a, committee of arbitration. The com
mittee of arbitration shall consist of three members, one of 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. If the subscriber has appeared under the provisions of
Part II, section three, the member named by the association shall be
subject to his approval. If 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 chair
man as follows: I , ................, do solemnly swear that I will faithfully
erform my duty as arbitrator and will not be influenced in my decision
y any feeling of friendship or partiality toward either party. So help
me God.
Sec. 10. Section eight of Part III of said chapter seven hundred
and fifty-one is hereby amended * * * so as to read as follows:
Sec. 8. The industrial accident board or any member thereof may Physician,
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 reason
able amounts in extraordinary cases, and the association shall reim
burse the board for the amount so paid.
Sec. 11. Said chapter seven hundred and fifty-one is hereby further
amended by striking out section twelve of Part III and inserting in
place thereof the following new section:
Sec. 12. Any weekly payment under this act may be reviewed by Review of
the industrial accident board, and on such review the board may, in award*
accordance with the evidence and subject to the provisions of this act,
issue any order which it deems advisable.
Sec. 12. Said chapter seven hundred and fifty-one is hereby further
amended by striking out section thirteen of Part III and inserting in
place thereof the following new section:
Sec. 13. Fees of attorneys and physicians and charges of hospitals Fees to be apfor services under this act shall be subject to the approval of the indus- Proved*
trial accident board. If the association and any physician or hospital,
or the employee and any attorney, fail to reach an agreement as to the
amount to be paid for such services, either party may notify the board,
E
140
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Arbitration,
which, may thereupon call for the formation of a committee of arbitration
in accordance with the provisions of this act, and all proceedings there
under shall be in accordance with the provisions of this act.
S e c . 13. Section two of Part V of said chapter, * * * is hereby
further amended by striking out the third paragraph of said section ana
inserting in place thereof the following:
Who are em‘‘ Employee ” shall include every person in the service of another unployees.
der any contract of hire, express or implied, oral or written, except mas
ters of and seamen on vessels engaged in interstate or foreign commerce,
and except one whose employment is not in the usual course of the trade,
business, profession or occupation of his employer. Any reference to
an employee who has been injured shall, when the employee is dead,
also include his legal representatives, dependents and other persons
to whom compensation may be payable.
S ec . 14. Part II of said chapter seven hundred and fifty-one is
hereby further amended by adding thereto a new section, to be num
bered twenty-four, as follows:
Sec. 24. Whenever any question involving the compensation of an
injured employee, or his dependents, is appealed to the supreme judi
cial court, and the decision rendered is in favor of the employee or his
Interest to be dependents, interest to the date of payment shall be paid by the assoaiiowed.
ciation on all sums due as compensation to such employee or de
pendents.
S ec . 15. Part V of said chapter seven hundred and fifty-one is
hereby further amended by adding at the end thereof three new sections,
to be numbered seven, eight, and nine, as follows:
Sec. 7. The association and all insurance companies insuring employees^ under the provisions of this act shall, at the request of the
Information to industrial accident board, furnish to said board in writing any informabe furnished.
tion required in connection with the administration by said board of
said act, including any statistical facts and figures and the names of all
employees insured by them.
Sec. 8. There may be established and maintained under the care
and direction of the industrial accident board not more than four
Branch offices, branch offices in such cities as may be selected by said board, from
time to time, after proper investigation, for the purpose of the better
adjustment of disputed cases and for the better information of all parties
as to their rights under this act. Said board is hereby authorized to
provide such offices with useful rooms, furniture and equipment re
quired for the transaction of the business authorized by this act, also
to appoint such officers, agents, clerks and assistants as are necessary
to discharge in connection with such offices the duties required by this
act, under the direction of said industrial accident board.
M e d i c a l adSec. 9. The industrial accident board may appoint a medical advlser*
viser, who shall be a duly qualified physician. The board shall pre
scribe the duties of said medical adviser. His compensation shall be
fixed by said board, subject to the approval of the governor and council,
and shall not exceed the sum of four thousand dollars a year.
Insurance
S ec . 16. All insurance rates under said chapter seven hundred and
rates*
fifty-one and acts in amendment thereof and in addition thereto, now
on file and approved by the insurance commissioner, shall continue to
apply to the several classifications after the taking effect of the provi
sions of this act, unless the insurance commissioner withdraws approval
in accordance with the provisions of chapter six hundred and sixty-six
of the acts of the year nineteen hundred and twelve.
Approved June 25, 1914.
C h a p t er
723.—Railroads—Monthly rest days for employees.
Two days to be
S ection 1. Every person employed as signalman, towerman, lever
allowed.
man, agent, train dispatcher, telegrapher or telephone operator in a
railroad signal town or railroad station, and every other person em
ployed by a railroad in the operating of trains by the use of the tele
graph, telephone or signal and interlocking switching machines shall
be allowed two days of twenty-four hours each in every calendar month
LABOR LEGISLATION OF 1914---- MASSACHUSETTS.
141
for rest with regular compensation; except in a case of extraordinary
emergency caused by accident, fire, flood, or danger to life or property,
in which case the said period of rest shall be allowed after the emer
gency is past.
S e c . 2. Any violation of the provisions of this act shall be punished Violations,
by a fine of not less than one hundred dollars for each offense.
[Became a law without the approval of the governor.]
Ch a p t e r 726.—Factory
regulations—Toilets.
S ection 1. Section seventy-nine of chapter five hundred and four
teen of the acts of the year nineteen hundred and nine, * * *
is hereby further amended * * * so as to read as follows:
Section 79. In every factory, workshop, manufacturing, mechanical, Separate toilets
mercantile or other establishment there shall be provided suitable, c*
adequate and convenient water-closets and washing facilities, separate
for each sex and plainly so designated, of such number, in such location
and so constructed, lighted, ventilated, arranged and maintained as
may be determined by such reasonable rules and regulations as the
State board of labor and industries may adopt with reference thereto.
No person shall be allowed to use a closet or privy which is provided
for fiie use of persons of the opposite sex. If any such establishment is
so located that a connection with a sewer system is, in the opinion of
the said board, impossible or impracticable, it shall provide such suit
able toilet and washing facilities as may be required by the said board.
Approved July 1, 1914.
Ch a p t e r
742.—Gas and electric companies—Employees’ stock—Accidents.
S ection 32. A corporation which is subject to the provisions of this stock may be
act may, by a vote of its common stockholders at a meeting called for theissued*
puipose, issue employees’ stock to be held only by the employees of
such corporation. The par value of the shares of such employees’ stock
shall be ten dollars, ana the purchasers thereof may pay for them in
monthly installments of one dollar upon each share. The total amount
of such employees’ stock outstanding at any time shall not exceed twofifths of its issued and outstanding capital stock.
S ec . 33. If a dividend is paid by such con>oration to holders of its Dividends,
common stock, the holders of employees’ stock shall receive upon each
share which has been paid for in full in time to be entitled to a dividend,
an amount which shall bear such proportion to the amount paid as a
dividend upon each share of the common stock of such corporation as
the par value of the shares of such employees’ stock bears to the par
value of the shares of such common stock.
S ec . 34. The shares of employees’ stock shall not be sold or trans- Transfer,
ferred except to an employee of such corporation or to the corporation
itself. A corporation which issues employees’ stock may prescribe by
its by-laws tne number of shares which may be held by any one em
ployee and the method of transfer and redemption of such stock as is
held by any person after he ceases to be an employee of the corporation.
S ec . 164. Corporations, persons and municipalities engaged in the Accidents to be
manufacture or sale of gas or electricity shall, within twenty-four hours reported*
after every accident caused by the gas or electricity manufactured or
supplied by them, whereby an employee or other person is injured,
rendered insensible, or killed, report in writing to the board, stating
the time, place and circumstances of the accident and such other facts
relative thereto as the board may require. The chief of police of the
city or town, and the medical examiner of the district, in which such
accident occurs shall, in writing, report the same to said board. The
chief of police shall so report within twenty-four hours, and the medical
examiner within seven days, after he has notice thereof. The members
of the board shall personally investigate all cases which require investi
gation.
Approved July 3, 1914.
142
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
Ch a p t e r
Nine-hour day.
Violations.
746.—Hours of labor of railroad employees.
S ection 1. Employees in and about steam railroad stations in this
Commonwealth designated as baggagemen, laborers, crossing tenders
and the like, shall not be employed for more than nine working hours
in ten hours’ time; the additional hour to be allowed as a lay-off.
S e c . 2. Any employer, agent, officer or other person who violates
any provision of this act shall be punished by a fine not exceeding one
hundred dollars for each offense.
Approved July 3, 1914.
Ch a p t e r
778.—Labor organizations—Agreements—Injunctions.
S ection 1. It shall not be unlawful for persons employed or seeking
employment to enter into any arrangements, agreements or combina
tions with the view of lessening the horn’s of labor or of increasing their
Injunctions.
wages or bettering their condition; and no restraining order or injunc
tion shall be granted by any court of the Commonwealth or by any judge
thereof in any case between an employer and employees, or between
employers and employees, or between persons employed and persons
seeking employment, or involving or growing out of a dispute concern
ing terms or conditions of employment, or any act or acts done in pur
suance thereof, unless such order or injunction be necessary to prevent
irreparable injury to property or to a property right of the party making
the application, for which there is no adequate remedy at law; and
such property or property right shall be particularly described in the
— i> j
- -t- snail
* -11 be sworn
to by the applicant or by his agent
application,
which
i
or attorney.
Rights, personS e c. 2. In construing this act the right to enter into the relation of
a*
employer and employee, to change that relation, and to assume and
create a new relation for employer and employee, and to perform and
carry on business in such relation with any person in any place, or to
do work and labor as an employee, shall be held and construed to be a
personal and not a property right. In all cases involving the violation
of the contract of employment either by the employee or employer
where no irreparable damage is about to be committed upon the prop
erty or property right of either, no injunction shall be granted but the
parties shall be left to their remedy at law.
Acts not inS e c. 3. No persons who are employed or seeking employment or
dictable.
other labor shall be indicted, prosecuted or tried in any court of the
Commonwealth for entering into any arrangement, agreement, or com
bination between themselves as such employees or laborers, made
with a view of lessening the number of hours of labor or increasing their
wages or bettering their condition, or for any act done in pursuance
thereof, unless such act is in itself unlawful.
Approved July 7, 1914.
Agreements not
unlawful.
Ch a p t e r
E q u i p men t
sprMklere.
795.—Factory regulations—Fire prevention—Metropolitan
district.
S e c t io n 10. Any building within the metropolitan district used in
10 wh°*e or in part for the business of woodworking, or for the business of
manufacturing or working upon wooden, basket, rattan or cane goods or
articles, or tow, shavings, excelsior, oakum, rope, twine, string, thread,
bagging, paper, paper stock, cardboard, rags, cotton or linen, or cotton
or linen garments or goods, or rubber, feathers, paint, grease, soap, oil,
varnish, petroleum, gasoline, kerosene, benzine, naphtha, or other
inflammable fluids, and any building in the metropolitan district used
in whole or in part for the business of keeping or storing any of such
goods or articles, except in such small quantities as are usual for domes
tic use, or for use in connection with and as incident to some business
other than such keeping or storing, shall, upon the order of the [fire pre
vention] commissioner, be equipped with automatic sprinklers: Pro
vided, however, That no such order shall apply to any building unless
four or more persons live or are usually employed therein above the
second floor.
LABOR LEGISLATION OF 1914---- MASSACHUSETTS.
143
S e c . 12. Owners of buildings in the metropolitan district who, within Violations,
six months after having received written notice from the [fire preven
tion] commissioner under sections ten or eleven fail to comply with the
requirement of such notice, shall be punished by a fine of not more than
one thousand dollars.
S e c . 13. In addition to the powers given by sections one to twelve, Or der s and
inclusive, the commissioner shall have power to make orders and rules rulesrelating to fires, fire protection and fire hazard binding throughout the
metropolitan district, or any part of it, or binding upon any person or
class of persons within said district, limited, however, to the following
subjects:—
A. Requiring the keeping of portable fire extinguishers, buckets of
water or other portable fire extinguishing devices on any premises by
the occupant thereof, and prescribing the number and situation of such
devices.
B. Prohibiting or regulating the accumulation, and requiring the re
moval, of combustible rubbish, including waste paper, cardboard, string,
packing material, sawdust, shavings, sticks, rags, waste leather and
rubber, boxes, barrels, broken furniture and other similar lighter com
bustible refuse.
D. Causing obstacles that may interfere with the means of exit to be
removed from floors, halls, stairways and fire escapes.
H. Requiring the cleaning of chimney flues and vent pipes.
I. Requiring proper safeguards to be placed and maintained about
or over roof skylights.
J. Prohibiting or regulating smoking in factories, workshops and
mercantile establishments.
K. Requiring that all signs and advertising devices erected on build
ings shall be approved by said commissioner.
L. Causing to be made public all violations of fire prevention laws by
posting placards on buildings or premises, and by publishing in the
daily newspapers the names of the owners and specifying the buildings
in which the violation occurs.
M. Defining the classes of buildings to be equipped with sprinkler
protection under the authority of this act.
Approved, July 7, 1914.
RESOLVES.
Ch a p t e r 160 .— Commission on rates of insurance for workmen's compen
sation.
The governor, with the advice and consent of the council, shall Commission to
appoint a special commission of three persons, one of whom shall be the appointed,
insurance commissioner, to investigate the practices of insurance com
panies and their rates in workmen’s compensation and other insurance,
with a view to determining whether or not any monopoly or combina
tion exists in the insurance business; also, whether the rates charged
by insurance companies for workmen’s compensation and other insur
ance are reasonable, and to what extent Government regulation of in
surance rates is desirable. The commission shall serve without com
pensation, but may incur such expenses, not exceeding four thousand
dollars, as the governor and council shall approve
Approved July 7, 1914.
Amendment to constitution—State aidfor procuring homes.
(Page 798.)
The general court shall have power to authorize the Commonwealth Amendment
to take land and to hold, improve, subdivide, build upon and sell the propo
same, for the purpose of relieving congestion of population and provid
ing homes for citizens: Provided, however, That this amendment shall
not be deemed to authorize the sale of such land or buildings at less
than the cost thereof.
House of representatives, April 10, 1914.
Senate, May 20, 1914.
MISSISSIPPI.
ACTS OF 1914.
Chapter 112.— Wage brokers— Loans on wages. *
Section 1. All persons, firms or corporations doing a money-loaning Who to pay
business, where a greater rate of interest than twenty per centum pertax*
annum is charged, whether secured or unsecured, or whether by taking
bills of sale absolute or conditional shall pay a privilege tax to the State
of $2,000 per annum, but nothing in this act shall be construed to vali
date, or make enforceable, or render lawful any contract for a loan of
money at a greater rate of interest than twenty per centum, whether
made before or after the passage of this act.
Sec. 2. All persons, firms or corporations engaged or hereafter engag- Presumption,
ing in the business of lending money at above legal rates and where per
sonal property or assignment of wages is taken as security for the pay
ment of such money so loaned, shall be presumed to be charging a vate
of interest in excess of twenty per centum, per annum, unless some mem
ber of such firm or the president or secretary of each corporation shall
make an affidavit before the circuit or chancery clerk in the county in
which said business shall be carried on, and file the same with the
sheriff of such county who shall carefully keep and preserve the same,
that a greater rate of interest than twenty per centum per annum is not
charged or agreed to be collected or paid on such loan and will not be
charged or collected. And a list of the names with their places of resi- List of borrowdence of all persons borrowing money from each firm or corporation ers*
shall be semiannually filed with said sheriff and the failure to file said
list of names and make said affidavit shall be prima facie evidence that
such person, firm or corporation, is making the loans described in said
act at a greater rate of interest than twenty per centum per annum.
Sec. 3. If any person, firm or corporation shall engage in the business Violations,
of lending money at a greater rate of interest than twenty per centum
per annum without first paying the privilege tax provided for, or shall
engage in the business of lending money at a rate of interest in excess of
the legal ocntract [contract] rate allowed by law, without making and
filing the affidavit and list of names and addresses provided for in sec
tion two of this act, such person, firm or corporation shall be guilty of
a misdemeanor, and on conviction thereof shall be fined not less than
five hundred dollars, nor more than one thousand dollars, and be im
prisoned in the county jail not less than ten days, nor more than sixty
days, and each week or part of a week such business is so engaged in shall
constitute a separate offense under this act. This act is hereby de
clared to be remedial and shall be liberally construed by the courts,
and it is hereby made the duty of the county prosecuting attorneys in
each county to diligently see that the provisions of this act are complied
with. If for any reason any section or part of this act shall be held to be
unconstitutional or invalid, then that fact shall not invalidate any other
part of this act, but the same shall be enforced without reference to the
part so held to be invalid.
Approved March 17, 1914.
Chapter 138.— Payment o f wages— Discounting checks, etc.
Section 1. Every person, company, association, partnership, manu- Disc^oujitmg
facturing company or railroad company now existing or hereafter or- p
ganized in this State, engaged in employing labor for manufacturing
purposes, or any railroad within this State shall be prohibited from dis
counting any trade check, coupons or other written instrument issued
for the payment of such labor, and it shall be unlawful for any person,
73734°— Bull. 166— 15------ 10
145
146
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
partnership, corporation or trade establishment purchasing said trade
checks, coupons, or other instruments issued for the payment of such
labor to discount the same, and any person, partnership, corporation,
trade establishment purchasing the same at a discount, or any company,
corporation, railroad, or other person issuing said checks, coupons or
other written instruments, and who shall discount the same in settle
ment with the employees shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined not less than ten dollars, and not more
than fifty dollars for each offense.
Scrip to be reS e c . 2. All persons, firms, corporations engaged in manufacturing,
deemed.
issuing trade checks, coupons or other instruments of writing in pay
ment for labor, shall on or after the regular pay day cash said check, or
checks, so issued at their face value less any amount that may be due
by the party to whom issued, and any such person, firm, corporation
so engaged in manufacturing, failing to settle such claim as herein
required, shall be liable to pay to the holder thereof twenty-five per
cent on the face of said check as damages in the event any suit or action
shall be brought to enforce the payment thereof: Provided, That this
section shall only apply when the amount claimed is one hundred dol
lars or less.
Approved March 28,1914.
Ch a p t e r
152.—Bonds of employees of common carriers.
S e c t io n 1. N o common carrier, authorized to do business in this
gtate, when requiring of an employee that he give it a bond or under
taking of any nature whatever, shall require such employee to have
such bond or undertaking executed as surety by any particular com
pany, corporation, association, or firm, or by any one or more of any
number of such 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 insuffi
ciency of such bond or undertaking.
Nonresi dent
S e c. 2. No common carrier, authorized to do business in this State,
companies.
when requiring of any employee that he give it a bond or undertaking
of any nature, whatsoever, shall require as surety thereon any com
panies, corporations, associations or firms not a resident of this State;
nor shall any such common carrier accept as such surety any company,
corporation or association unless the same is a corporation duly organ
ized under the laws of Mississippi or who shall have designated an
agent residing within this State upon whom service of legal process
against it may be made, as provided for foreign corporations doing busi
ness in this State, and shall also require that every such bond or under
taking shall be approved, and canceled, if canceled by said agent with
whom a complete record thereof shall be kept.
Term of bond.
S e c. 3. Every bond or undertaking of 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
Cancellation, undertaking shall be canceled without the consent of 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 breach of any of the conditions 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 of whom the
same shall have been made, at least ten days’ notice in writing, setting
out in full the reasons for canceling the same, said notice to be signed
by such employee and sworn to by him in this State before an officer
authorized to administer oaths. Any such notice to a company, corpo
ration 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 of any of the conditions thereof by the common
carrier employee for whom the same shall have been made, have power
to cancel the same by giving sach employee at least ten days’ notice in
writing, setting in full the reasons for canceling the same, the said
notice to be signed by an agent or manager of such surety, then a resiF r e e d o m to
choose company,
LABOR LEGISLATION OF 1914---- MISSISSIPPI.
147
dent of this State, and then authorized to approve or disapprove 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 herein shall affect any right of action
accruing to any person upon the breach of a contract.
S e c . 4. Any officer, agent, or representative of any company, corpo- Violations,
ration, association or firm, or any other person who shall violate any of
the provisions of this act shall be guilty of a misdemeanor and be pun
ished by a fine of not less than one hundred dollars ($100) nor more than
one thousand dollars ($1,000) and by imprisonment in the county jailfor a period of not less than thirty (30) days, nor more than one (1) year.
Any bond, contract, or undertaking made in violation of the provisions
of this act shall be void.
Approved March 10, 1914.
Ch a p t e r
156.—Liability of employersfor injuries to employees—Assump
tion of risks.
S ection 1. In all actions for personal injury to an employee, and Risk of negliin all actions where such injury results in death, such employee shall f^med
as"
not be held to have assumed the risks of his employment in any case
where such injury or death results in whole or in part from the negli
gence of the master; except as to conductors, or locomotive engineers, Exception,
in charge of dangerous or unsafe cars or engines voluntarily operated
by them.
Approved February 28, 1914.
Ch a p t e r
163.—Inspector of factories.
S ection 1. [The] State board of health shall appoint and may Appointment.
remove for cause a special inspector who shall have the title of factory
inspector and who shall be a person having competent knowledge of
factories and capable of performing the duties prescribed below. Such
inspector shall execute bond in the penalty of three thousand ’($3,000)
dollars, payable to the State, for the faithful performance of his or her
duties.
S e c . 2. The said State factory inspector shall receive an annual Salary,
salary of fifteen hundred ($1,500) dollars, payable monthly. The
salary and the reasonable and necessary traveling and other expenses
of the said State factory inspector, while engaged in the performance
of his or her duties, shall be paid by the secretary of the State board
of health upon vouchers approved by the governor.
S e c . 3. It shall be the duty of tne factory inspector to inspect all Duties,
factories and canneries where women and children are employed at
least three times each year. Such inspector shall collect evidence of
violations of the laws of the State relating to the employment of women
and children, and furnish such information to the county or district
attorney in the county in which said violation occurred. Such inspec
tor shall report annually, under the direction of the secretary of the
State board of health, the number of women and children employed
in the different cotton and knitting mills and canneries in the State,
and the number of violations found and disposition of each.
Sec. 4. Said inspector shall report annually to the secretary of State
board of health the number of industrial establishments in this State
which it is made his duty to inspect, the number of employees, the
number of inspections made, the number of violations found, and the
disposition of each, and such other information as may be deemed
valuable and necessary, and shall enforce the laws of the State in
factories and other establishments where women and children are
employed.
S e c . 5. Any officer, manager, or other agent of any factory, or Offenses of
cannery subject to the provisions of this act who shall fail or refuse managers*etc*
to give true and cor[r]ect information demanded of him by the State
factory inspector, or who shall attempt to prevent the factory inspector
from entering such establishment in the regular performance of the
duties of such inspector, shall be guilty of a misdemeanor and upon
148
Registers.
Fees.
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
conviction be fined not less than ten dollars nor more than one hundred
dollars.
S e c . 6. It shall be the duty of the State factory inspector to register
each year each manufacturing establishment in the State employing
more than five persons, and to collect the registration or license fee
herein required, and to report by the fifth day of each month to the
State board of health all such registrations and the fees collected
therefor during the month previous, and to turn into the treasury of
the State board of health at such time as such report is made all moneys
collected by such inspector for registration of factories during such
time.
S e c . 7. Every person, firm or corporation except woodworking
establishments employing more than five persons in the conduct of
any mill, factory, manufacturing establishment, or cannery within this
State where women or children are employed, shall register such
establishment with the State factory inspector each year and pay an
annual fee for such registration according to the following schedule:
Those employing 5 to 10 persons.................................................
Those employing 11 to 25 persons...............................................
Those employing 26 to 50 persons...............................................
Those employing 51 to 100 persons...........................; .................
Those employing 101 to 200 persons............................................
Those employing 201 to 300 persons............................................
Those employing over 300 persons...............................................
$10
20
40
60
100
150
200
Persons, firms or corporations engaged in any business subject to
the provisions of this act where the number of employees varies from
time to time shall report the average number employed during the
regular or busy season of their work and shall pay the fee on the basis
provided for in this section.
Schedule of inThe license year shall begin July first each year and end June
juries.
thirtieth the following year, and witmn thirty days after the beginning
of the license year the State factory inspector shall submit to each
person, firm or *corporat[i]on subject to the provisions of this section,
a blank upon which such person, firm or corporation shall report to
the State factory inspector the following information and such other
facts as may be required by the State factory inspector:
1. Officers.
2. Character and location of business.
3. Number of persons employed, male and female, and children.
4. Number of work hours per week.
5. Description of buildings and equipment, number of floors, eleva
tors, boilers and fire escapes.
Any person, firm or corporation failing or refusing to comply with
any of the provisions of this section by October first each year, or
within sixty days after having been notified to do so by the State factory
inspector, or the secretary of the State board of health, shall be guilty
of a misdemeanor and upon conviction shall be subject to a fine of
twenty-five dollars ($25).
Approved March 25, 1914.
Ch a pter
164.—Employment of children in cotton and knitting mills.
Age limit.
S ection 1. No boy under the age of twelve years, and no girl under
the age of fourteen years, shall be employed or permitted to work in
any cotton mill or knitting mill in this State.
Hours cf labor.
Sec. 2. No boy under fourteen years of age, and no girl under sixteen
years of age shall be employed or permitted to work in any cotton
mill or knitting mill more than eight hours in any one day, or more
than forty-eight hours in any one week, or be employed in or detained
Nightwork.
in any such establishment between the hours of seven p. m. and six
Other employ- a. m., but all other employees of cotton mills or knitting mills may be
ees*
employed and be permitted to work not more than ten hours in any
one day or sixty hours in any one week.
Affidavits.
Sec. 3. It shall be unlawful for any person, firm or corporation to
employ, or detain, or permit to work, in any cotton mill or knitting
LABOR LEGISLATION OF 1014— MISSISSIPPI.
149
mill in this State, any child under the age of sixteen years without
first requiring said child to present the affidavit of the parent or guard
ian, or person standing in parental relation to such child, stating the
place and date of the birth of such child, and also stating the last school
attendance of such child, the grade of study pursued, and the name
of the school, and the name of the teacher in charge. The employer
shall preserve such affidavit and keep a complete register of all such
affidavits, showing all the facts contained therein.
Sec . 4. It shall be the special duty of the sheriff of the county in Duty of sheriff.
which the cotton mills or knitting mills employing child labor are
located to visit, at least once each month, such cotton or knitting mill,
to see to the enforcement of this act.
Sec. 5. It shall be the duty of the county health officer to visit, County health
without notice of his intention to do so, all cotton mills and knitting' officers.
mills employing child labor within his county at least twice each year
or oftener if requested by the sheriff, and to promptly report to the
sheriff any unsanitary condition of the premises, any child or children
afflicted with infectious, contagious or communicable 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 cotton mill or knitting mill,
and order the premises put in sanitary condition, and the judgment of
the county health officer as to the physical condition of the children,
and the sanitary condition of the premises shall be final and conclusive.
Sec . 6. It shall be the duty of the circuit judge to specially charge Duty of judge.
the grand jury to investigate violations of this act.
Sec. 7. Any officer, manager, or superintendent of any cotton mill Of f e n s e s of
or knitting mill in which child labor is employed, who shall fail or managers, etc.
refuse to give true and correct information demanded of him by any
officer hereinbefore directed to inspect such cotton mills or knitting
mills, or who shall fail or refuse to obey any lawful order of the sheriff
or health officer of the county in which said cotton mill or knitting mill
is located, for carrying out the purpose 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, Violations.
manager, or any officer of the cotton mills or knitting mills employing
any child, or permitting any child to be employed by or to work in, or
to be detained in any cotton mill or knitting mill in this State contrary
to law, shall be guilty of a misdemeanor, 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. All acts or parts of acts, in conflict with this act are hereby Repealer.
repealed; but this act shall not be construed as repealing any part of
chapter 165 of the Laws of 1912, except those parts relating to cotton
mills and knitting mills.
Approved March 10, 1914.
Ch a p t e r
165.—Hours of labor of women.
1. It shall be unlawful for any person, firm or corporation Ten-hour day.
to work any female or girl in any laundry, millinery, dressmaking
store, office, mercantile establishment, theater, telegraph or telephone
office or any other occupation not here enumerated, to work such
female labor or girl more than ten (10) hours per day or more than 60 hours
per week except in case of emergency or where public necessity requires
such.
Sec. 2. Any person, firm or corporation violating this act shall be Violations,
guilty of a misdemeanor and upon conviction thereof shall be fined
not less than $10, nor more than $50 for each offense, or imprisonment
in the county jail not less than five days nor more than thirty days,
or both fine and imprisonment. And each day’s violation shall con
stitute a separate offense.
Sec. 3. This act shall not be construed to conflict with the child Construction,
labor law of the sheet Acts of 1912, chapter 165, nor to apply to domestic
servants.
Approved March 27,1914.
S ection
150
BULLETIN OF T H E BUREAU OF LABOR STATISTICS.
Ch a p t e r 166
(as amended by chapter 167, Acts of 1914).—Payment of
wages—Semimonthly pay day.
S ection 1. Every corporation, company, association, partnership,
and individual person engaged in manufacturing of any kind in this
State, employing as many as fifty or more employees, and employing
public labor, and every pub lie-service corporation doing business in
this State, shall be required to make full payment to employees for
Payments twice services performed as often as once every two weeks or twice during
monthly.
each calendar month, and such payment or settlement shallinclude all
amounts due for labor or service performed up to not more than seven
days previous to the time of payment, except that public-service cor
porations shall not be required to make payment for labor or services
performed up to more than fifteen days prior to the time of payment.
Violations.
S e c . 2. Any corporation or person, or manager of any company or
partnership who violates this act shall be guilty of a misdemeanor and
upon conviction thereof shall be fined not less than twenty-five dollars
nor more than two hundred and fifty dollars for each offense, and each
day’s violation against each employee shall constitute a separate
offense.
Approved February 5, 1914.
Scope of law.
Ch a p t e r 168.—Hours
of labor in manufacturing establishments.1
S ection 1. Chapter 157 of the Laws of 1912 [shall] be amended to
read as follows:
Ten-hour day.
Section 1. It shall be unlawful for any person, firm, or corporation
engaged in manufacturing or repairing to work their employees more
than ten hours per day, except in cases of emergency, or where necesExceptions.
sity requires in such departments; but this provision shall not extend
to those persons, firms or corporations engaged in handling or convert
ing perishable agricultural products in season who work adult male
labor only in connection therewith.
Violations.
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 28,1914.
C h a p t e r 169.—Hours
of labor in manufacturing establishments.2
S ection 1. Section 1 of chapter 157 of the Laws of 1912 is hereby
amended so as to read as follows:
Ten-hour day.
Section 1. Is [it] shall be unlawful for any person, firm or corpora
tion engaged in manufacturing or repairing to work their employees
more than ten hours per day, except in cases of emergency, or where
Proviso.
the public necessity requires in such departments: Provided, That
persons may work not more than twenty minutes additional each day
for the first five days of the week, the additional time so worked to be
deducted from the last day of the week, but sixty hours shall constitute
a full week’s work under the provisions of this act.
Approved March 28, 1914.
C h a p t e r 170.—Railroads—Sufficient
Crew required.
crewsfor trains.
S ection 1. It shall be unlawful for any railroad propelled by steam
doing business in the State of Mississippi to operate or run over its
lines, or any part thereof, or suffer or permit to be run over its lines,
or any part thereof, outside of the yard limits, any passenger, mail, or
express train carrying passengers, or any freight train which is not
manned with a crew consisting of one engineer, one fireman, one con
ductor, one brakeman, or porter, and one competent flagman.
1See chapter 169.
2This and the foregoing chapter relate to the same subject matter, and present
an apparent conflict. They were approved on the same day and are reproduced as given
in the authorized volume of acts of the session.
LABOR LEGISLATION OF 1914---- MISSISSIPPI.
Sec . 2. Any railroad company doing business in the State of Missis
sippi who shall send out on its road, or cause to suffer or permit to be
sent out on its road, or any part thereof, outside of the yard limits, any
train of the classes enumerated in section 1, which is not manned in
accordance with the provisions of that section, shall be guilty of a mis
demeanor, and upon conviction thereof, shall be fined not less than one
hundred (100) dollars nor more than one thousand (1,000) dollars for
each offense.
Sec. 3. Nothing in this act shall be held as applying to any case of
disaster or disability of any member, or members, of the crew arising
while out on the road between division terminals, or to relief trains, or
wrecking trains where men are not available: Provided, This act shall
not apply to branch or independent roads not over fifty miles in length.
Approved March 5, 1914.
151
Violations.
Exemptions.
NEW JERSEY.
ACTS OF 1914.
Ch a p t e r
49.— Wage brokers—Loans on wages.
S ection 1. Every person, firm, corporation or association engaged Loan business
or seeking to engage in this State in the business of loaning money in
licensed.
Bums of three hundred dollars or less amounts shall procure a license
to conduct such business from the commissioner of banking and insur
ance. When an application for a loan, or for an indorsement or guar- Loan defined,
antee, or for the purchase of a note, is made by any person within this
State, and the money is advanced, or the indorsement or guaranty is
made or furnished, or the note purchased by any person situated with
out this State, the transaction shall be deemed a loan made within this
State, and such loan, and the parties making it, shall be subject to the
provisions of this act. The buying or indorsing of notes,or the furnish
ing of guaranty or security for compensation, shall be considered to be
engaging in the business of making small loans, within the provisions of
this act. Any person, firm, corporation or association directly or indi
rectly engaged, or seeking to engage, in the business of negotiating,
arranging, or aiding the borrower or lender in procuring or making Who subject to
loans of three hundred dollars or less, whether such loans are actually
made by such persons or by other parties, shall be deemed to be en
gaged in the business of making small loans, and shall be subject to
the provisions of this act.
S e c . 2. Any person, firm, corporation or association applying for License fee.
the same under oath and in the form prescribed by the commissioner
of banking and insurance and paying the sum of fifty (50) dollars, may,
in the discretion of the commissioner of banking and insurance, except
as hereinafter provided, obtain a license for carrying on the said busi- Term of license,
ness. The said license shall be issued by the commissioner of bank
ing and insurance and shall expire the first day of March next follow
ing the date of its issuance, but no abatement of said charge shall be
made if licenses are issued for less than one year. Every such license
Bhall be renewed annually on the first day of March in each year. No
license shall be granted to any corporation unless and until such cor- Agent of corpoporation shall, in writing and in due form, to be first approved by and ratlonsfiled by the commissioner of banking and insurance, appoint an agent,
resident in the State of New Jersey, upon whom all judicial and other
process or legal notice directed to such corporation may be served, and
in the case of the death, removal from the State, or any legal disability
or disqualification of any such agent, service of such process or notice
may be made upon the commissioner of banking and insurance. The Rejection of apBaid commissioner shall have the power to reject any application for p tlon'
license if he is satisfied that the character and general fitness of the ap
plicant or applicants is not such as to command the confidence of the com
munity and to warrant the conclusion that the business will be honestly
transacted in accordance with the intent and purpose of this act. The
Baid commissioner may revoke any license if the licensee shall violate any
of the provisions of this act or fail to comply with any rule or regulation Revocation of
made by said commissioner under authority of section nine (9) hereof.llcense*
Whenever for any cause such license is revoked said commissioner shall
not issue another to said licensee until the expiration of at least one
year from the date of revocation of such license and not at all if such
licensee shall have been convicted of a violation of this act under the
provisions of section six (6) thereof. # In addition to said license fee Examination
said licensee shall pay for the examination by said commissioner of
banking and insurance as hereinafter provided. Every such applicant
shall execute and file a bond to the State of New Jersey in the penal
153
154
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
sum of five thousand (5,000) dollars, with the commissioner of banking
an(j insUrance, to be approved by him, for the faithful observance of all
laws relating to such business. Said bond shall be executed by a surety
company authorized by the laws of New Jersey to transact business
within the State, and such bond shall be renewed and refiled annually
not later than the first day of March in each year.
License to show Sec. 3. The license shall state fully the name or names of the person
whator corporation and of every member of the firm or association authorized
to do business thereunder, and the location of the office or place of busi
ness in which the business is to be conducted; and in the case of a cor
poration shall also state the date and place of its incorporation, the
names of its directors for the period for which the license is issued, and
the name and address of the agent as provided in section two (2) of this
License to be act. Such license shall be kept posted in a conspicuous place in the
displayed.
office where the business is transacted. No person, firm, corporation
or association so licensed shall transact or solicit business under any
other name or at any other office or place of business than that named
in the license. Not more than one office or place of business shall be
maintained under the same license, and no loans or advancements shall
Transfer.
be made at any other place than that designated in the license. But
in case of a removal, the commissioner of banking and insurance may,
on application, indorse thereon a transfer to the new place of business,
with the date of transfer and from the time of such indorsement the
new place so designated shall be deemed the place designated in the
license.
Annual investiSec. 4. The commissioner of banking and insurance shall either per
gations.
sonally, or by such person or persons as he may appoint for the purpose,
at least once a year, and oftener, if he deems it advisable, investigate
the business and affairs of every such licensee, and for that purpose shall
have free access to the vaults, books and papers thereof, and other
sources of information with regard to the business of such licensee, and
shall ascertain the condition of the business and whether it has been
transacted in accordance with law and such rules and regulations as
may be prescribed by the commissioner of banking and insurance pur
suant to section nine (9) of this act. Said commissioner and every
examiner appointed by him shall have authority to examine under oath
or affirmation any person whose testimony relative to the business of any
Costs.
such licensee may be required on any such examination. The cost of
every such examination shall be paid by the licensee so examined, and
said commissioner may maintain an action for the recovery of such
Report.
costs in any court of competent jurisdiction. All licensees shall annu
ally, on or before the twentieth day of December, submit a report to the
commissioner of banking and insurance in the form of a trial balance of
their books at the close of business on the thirtieth of November last
preceding, and shall specify the different kinds of liabilities and the
different kinds of assets, together with such other information as may be
called for by said commissioner in accordance with a blank form to be
furnished by him.
Rate of interS ec . 5. No such licensee shall charge or receive of the borrower or
est*
borrowers, or any other person on his, her or their behalf, a greater
rate of interest than three per centum per month. Such interest shall
not be payable in advance and shall be computed on unpaid balances.
No charges, bonus, fees, expense or demands of any nature whatsoever
other than interest as above provided shall be made upon such loans or
advancements except upon the actual foreclosure of the security or
Statement to be upon the entry of judgment. Every such licensee shall furnish the
rower
borrower at the time the loan is made a statement in the English lan
guage showing in clear and distinct terms the amount of the loan and
the date when loaned and when due, the person to whom the loan is
made, the name of the lender, and the amount and rate of interest
charged. On the back of such statement there shall be printed in
Receipts.
English a copy of section five of this act. The lender shall give to the
borrower a plain and complete receipt for all payments made on ac
count of the loan at the time such payments are made. No loan or
Maximum loan, advancement greater than three hundred (300) dollars shall be made to
any person nor shall any one person owe such licensee more than three
hundred (300) dollars at any time.
Applicant
give bond.
to
LABOR LEGISLATION OF 1914---- NEW JERSEY.
155
Sec. 6. The violation of any provision of this act shall be a misde- Violations,
meanor, and if such violation be by a corporation, then such violation
shall be a misdemeanor on the part of any person participating therein
as a representative or agent of said corporation. Every loan in connec
tion with which such violation shall have occurred shall be absolutely
null and void, and the borrower shall be entitled to recover from the
lender any or all sums paid or returned on account of or in connection
with such loan.
S ec . 7. No assignment of or order for wages earned or to be earned in Assignment of
the future to secure a loan or advancement of three hundred (300) wagesdollars or less shall be valid against the employer of the person making
such assignment or order unless such assignment or order is accepted in
writing by said employer. No such assignment or order shall be valid Consent of wife.
when made by a married man, unless the written consent of his wife to
the making thereof is attached thereto: Provided, That where a mar Proviso.
ried man is living separate and apart from his wife for a period of five
months prior to the making of said assignment or order then consent
shall not be required.
Sec. 8. This act shall not be held to apply to regularly licensed
pawnbrokers nor to providence loan associations authorized to do busi
ness by chapter ninety-six of the laws of nineteen hundred and four,
nor to persons doing business under chapter three hundred and sixtyeight of the laws of eighteen hundred and ninety-five, nor shall it apply
to banks, bankers, trust companies, savings banks, building and loan
associations or insurance companies, nor to any transaction with banks,
bankers, trust companies, savings banks, building and loan associa
tions or insurance companies, nor to any loan made upon real estate
security.
Exemptions,
S ec . 9. The enforcement of this act shall be intrusted to the com- Enforcement of
missioner of banking and insurance, and he is hereby authorized and
empowered to make rules and regulations necessary in his judgment
for the conduct of such business and the enforcement of this act in
addition hereto and not inconsistent herewith.
Approved March 23, 1914.
Ch a p t e r
60.—Employment of children—Age limit.1
S ection 2. Section one of an act * * * [sec. 16, p. 3023,
Comp. Stat., 1910] is hereby amended to read as follows:
[Section 16.] No child under the age of fourteen (14) years shall be
employed, allowed or permitted to work in any newspaper plant,
printery, factory, workshop, mill, commercial laundry, or place where
printing or the manufacture of goods of any kind is earned on; any
corporation, firm, individual, parent, parents or custodian of any child,
who shall violate any of the provisions of this section, shall be liable
to a penalty of fifty dollars for each offense.
Approved March 26, 1914.
C h a p te r 121.— Work in
Scope of law.
compressed air.
S ection 1. (1) The term “ pressure,” when used in this act, means Definitions,
gauge pressure in pounds per square inch.
(2) The term ‘ ‘ employer, ’ ’ when used in this act, includes partner
ships and corporations.
S ec . 2. Every tunnel, caisson, compartment or place to which this p£j7isi|ins f 10T
act applies shall be so constructed, equipped, arranged, operated and
811 sa y*
conducted as to provide such protection to the lives, health and safety
of all persons employed therein as the nature of the employment will
reasonably permit.
S e c . 3. Every employer carrying on any work in the prosecution of Requirements,
which persons are employed in compressed air shall:
(1) Provide and install gauges in each tunnel for showing the air
pressure to which the persons so employed therein are subjected.
1See chapters 236 and 252.
156
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
Such gauges shall be accessible at all times during working hours to all
employees in the tunnels;
(2) Provide and attach gauges to each caisson, for showing the air
pressure to which the persons so employed therein are subjected, and
employ a competent person, who may be the lock tender, to take charge
of such gauges, and of the instruments required under subdivision three
of this section. The person so employed shall not be permitted to
work more than eight hours in any twenty-four hours;
(3) Provide and attach an air gauge and a timepiece to each air lock.
Such gauge and timepiece shall be accessible to the lock tender at all
times;
(4) Keep at least two air pipes or lines connected with each tunnel,
caisson, compartment or place in which persons are so employed;
(5) Provide a suitable iron ladder for the entire length of every shaft
used in connection with such work;
(6) Keep every passageway used in connection with such work clear
and properly lighted;
(7) Provide sufficient electric lights for all lighting purposes and pro
vide a wire for lighting the shaft, which wire shall be separated from
the wire used for lighting the place where the employees are at work in
compressed air; all electric wires shall be properly insulated;
(8) Provide, for the use of all persons so employed, dressing rooms
which shall be kept open and accessible during working hours and
during the intervals between working periods, and also a separate room
for drying clothes. The dressing rooms shall contain benches and indi
vidual lockers, shower baths with hot and cold water, and sanitary waterclosets, and shall be kept properly heated, lighted and ventilated;
Hospital lock.
(9) I f the maximum air pressure in such work exceeds seventeen
pounds, provide and maintain at least one double compartment hos
pital lock. Such lock shall be at least six feet high, inside measure
ment, and be suitably floored; it shall be equipped with inside and
outside air gauges and timepieces, and a telephone with proper connec
tions, and shall contain benches and proper surgical and medical equip
ment; it shall be properly heated, lighted and ventilated.
Position of caisS ec . 4. No caisson in which persons are employed in compressed air
son*
shall, while work is in progress therein, be suspended or hung so that
the bottom of the excavation is more than four feet below the cutting
edge of the caisson.
Daily inspecg EC 5 Every employer carrying on any work in the prosecution of
lons*
which persons are employed in compressed air shall cause all engines,
boilers, steam pipes, steam gauges, drills, caissons, air pipes, air gauges,
air locks, dynamos, electric wiring, signal apparatus, brakes, buckets,
hoists, cables, chains, ropes, ladders, ways, tracks, sides, roofs, timbers,
supports and all other equipment, apparatus and appliances used in
connection with such work to be inspected at least once every working
day by a competent person especially designated for that purpose, and
if any defect in such equipment, apparatus or appliances is found, a
report thereof in writing shall forthwith be made by the inspector to
the employer, and the defect shall be immediately repaired.
S e c . 6. Every employer carrying on any work in the prosecution of
which persons are employed in compressed air shall:
Physicians.
( 1) Employ one or more licensed physicians as medical officers who
shall be present to render medical assistance at all necessary times at
the place where such work is in progress and who shall perform such
other duties as are imposed on them by this act;
Nurses.
(2) If the maximum air pressure in such work exceeds seventeen
pounds, employ one or more registered nurses, or one or more compe
tent persons, which persons shall be selected by the medical officer and
be certified by him to be competent, by actual experience, to handle
cases of compressed air illness. The nurses or persons so employed shall
have charge of the hospital lock provided for in this act, and may also
have other duties of a clerical nature, exclusive of timekeeping, such as
will not require their presence elsewhere than at the hospital lock and
such as they may leave at any time their service at the lock is necessary.
LABOR LEGISLATION OF 1914---- NEW JERSEY.
157
Sec. 7. No person known to be addicted to the excessive use of Intemperate
intoxicants shall be employed or permitted to work in compressed air. emPloyeesS e c . 8 . (1) No person shall be employed or permitted to work in . Physical examcompressed air until he has been examined by the medical officer and inations*
found to be physically qualified therefor;
(2) No person who has not previously worked in compressed air shall,
during the first twenty-four hours of his employment, be permitted to
work therein longer than one working period, as provided in section ten,
and he shall not be permitted to resume such work, if the air pressure
exceeds fifteen pounds until he has been reexamined by the medical
officer and found to be physically qualified therefor;
(3) No person who is employed in compressed air, but who has been
absent therefrom for ten or more consecutive days, for any cause, shall
be permitted to resume such work until he has been reexamined by the
medical officer and found to be physically qualified therefor;
(4^ No person who has been employed regularly in compressed air
for three months shall be permitted to continue such work until he has
been reexamined by the medical officer and found to be physically
qualified therefor.
S e c. 9. The medical officer shall keep a record of all physical examinations made in accord with section eight, which record shall be kept
at the place where the work is in progress and shall contain the name,
age, address and full description of each person examined, the date on
Which each examination was made, and the physical condition, on that
date, of the person examined, and the total time such person has
Worked in compressed air, including time in previous employments.
Records,
The employer shall also be responsible for the observance of this section.
S ec . 10. When the air pressure in any tunnel, caisson, compartment. Hours of servor place in which persons are employed exceeds normal, but . doeslce*
not exceed fifty pounds, the maximum number of hours which, in any
twenty-four hours, a person may be employed or permitted to work or
remain therein shall be as hereafter stated. In every case the maxitaum number of hours shall be divided into two working periods of
equal length, and the minimum time interval which shall elapse
between such working periods shall be as hereafter stated.
Number
of hours
in 24.
When the air pressure
TC-raAAris nnrmal hut rlnfts not fi-jrfififirl 21 •normds _____
“
21
“
30
“ ................
“
35
“ ................
“
30
“
40
“ ................
“
35
“
45
“ ................
“
40
“
50
“
................
“
45
8
6
4
3
2
H
Interval
between
working
periods.
30 mins.
1hr.
2 hrs.
3 hrs.
4 hrs.
5 hrs.
Except in cases of emergency, no person shall be employed or per
mitted to work or remain in any tunnel, caisson, compartment or place
where air pressure exceeds fifty pound.s.
S e c . 11. N o person shall be permitted to pass from any tunnel,
caisson, compartment or place where he has been employed in compressed air to atmosphere or normal pressure without passing through
an intermediate lock or state of decompression. When the employee
is passing from a tunnel to atmosphere of normal pressure, the rate of
decompression shall be three pounds every two minutes, except when
the air pressure in the tunnel exceeds thirty-six pounds, in which case
the rate of decompression shall b e one pound every minute. When the
Decompression
158
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
employee is passing from a caisson, compartment or place to atmosphere
of normal pressure, the time of decompression shall be as follows:
Time of
decompression.
When the pressure in a caisson, compartment, or place
Exceeds normal hut does not exceed 10nounds______________ ___
“
15 “
.................................
“
10
“
15
“
20 “
.................................
“
20
“
25 “
................................
"
30 “
.................................
“
25
“
36 “
.................................
“
30
“
40 * “
.................................
“
36
“
50 “
.................................
“
40
Enforcement.
Violations.
1 min.
2 mins.
5 mins.
10 mins.
12 mins.
15 mins.
20 mins.
25 mins.
S e c . 12. The commissioner of labor shall enforce this act. The
commissioner, the assistant commissioner and the inspectors of the
department of labor shall inspect every place of employment included
in this act, and for that purpose may enter any such place.
S ec . 13. Every person who, either personally or through any agent,
violates or fails to comply with any provision of this act is liable to a
civil penalty of fifty dollars for the first-offense, one hundred dollars for
the second offense and three hundred dollars for the third and each
subsequent offense. Such penalties shall be recovered in an action of
debt by and in the name of the commissioner of labor of the State of
New Jersey, and shall be paid to the commissioner of labor, who shall
pay the same to the treasurer of the State of New Jersey.
Approved April 7, 1914.
C h a p t e r 156.—Bureau
of industrial statistics—Industrial directory.
S ection 1 . On and after the passage of this act, the title of the bureau
of statistics shall be Bureau of Industrial Statistics of New Jersey; and
the titles of the chief and the deputy chief of the same, shall be director
and assistant director respectively.
D u t i e s and
S ec . 2. The duties and powers of the bureau of statistics under its
powers.
amended title and the duties, powers and privileges of the director
and assistant director shall include all those heretofore devolving upon
the bureau and upon the chief and deputy chief of the same under
the act establishing the bureau, * * * [secs. 1 to 5, p. 3021, Comp.
Stat. 1910], and the several supplements and amendments thereto.
Industrial diS e c . 3. The director of the bureau shall continue the compilation
rectory.
and publication every third year, or oftener if in his judgment the
interests of the State would be best served by so doing, a new and upto-date revision of the industrial directory, in which all the features for
advertising the State, its manufacturing interests, and industrial oppor
tunities shall be retained, and such others added thereto for the same
purpose from time to time as may commend themselves to the judgment
of the director of the bureau.
Approved April 14, 1914.
Titles.
Ch a p t e r 162.— Inspection
and regulation of factories and worJcshops—
Occupational diseases.
Safety devices.
S ection 1. Every employer shall, without cost to the employees,
provide reasonably effective devices, means and methods to prevent
the contraction by his employees of any illness or disease incident to
the work or process in which such employees are engaged.
Dangerous
Sec . 2. (a) Every work or process in the manufacture of white lead,
Processes.
red lead, litharge, sugar of lead, arsenate of lead, lead chromate, lead
sulphate, lead nitrate, or fiuosilicate is hereby declared to be especially
dangerous to the health of the employees who, while engaged in such
work or process are exposed to lead dusts, lead fumes or lead solutions.
(b)
Every work or process in the manufacture of pottery, tiles, or
porcelain enameled sanitary ware is hereby declared to be especially
LABOR LEGISLATION OF 1914---- NEW JERSEY.
159
dangerous to the health of the employees who, while engaged in such
work or process, are exposed to lead dusts or lead solutions.
Sec. 3. Every employer shall, without cost to the employees, pro- Provisions revide the following devices, means and methods for the protection of quir
his employees who, while engaged in any work or process included in
section two, are exposed to lead dusts, lead fumes or lead solutions.
(a) The employer shall provide and maintain workrooms ade- Ventilation, etc.
quately lighted and ventilated, and so arranged that there is a con
tinuous and sufficient change of air, and all such rooms shall be fully
separated by partition walls from all departments in which the work or
process is of nondusty character; and all such rooms shall be provided
with a floor permitting an easy removal of dust by wet methods or
vacuum cleaning, and all such floors shall be cleaned either by wet
method or vacuum cleaner daily.
Every work or process referred to in section two, including the cor
roding or oxidizing of lead, and the crushing, mixing, sifting, grinding
and packing of all lead salts or other compounds referred to in section
two, shall be so conducted and such adequate devices provided and
maintained by the employer as to protect the employee, as far as pos
sible, from contact with lead dust or lead fumes. Every kettle, vessel,
receptacle or furnace in which lead in any form referred to in section
two is being melted or treated, and any place where the contents of
such kettles, receptacles or furnaces are discharged, shall be provided
with a hood connected with an efficient air exhaust; all vessels or
containers in which dry lead in any chemical form or combination
referred to in section two is being conveyed from one place to another
within the factory shall be equipped, at the places where the same are
filled or discharged, with hoods having connection with an efficient
air exhaust; and all hoppers, chutes, conveyers, elevators, separators,
vents from separators, dumps, pulverizers, chasers, dry pans or other
apparatus for drying pulp lead, drying pans dump, and all barrel packers
and cars or other receptacles into which coirosions are at the time being
emptied shall be connected with an efficient dust-collecting system;
such system to be regulated by the discharge of air from a fan, pump
or other apparatus, either through a cloth dust collector having an area of
not less than one-half square foot of cloth to every cubic foot of air pass
ing through it per minute, the dust collector to be placed in a separate
room which no employee shall be required or allowed to enter, except
for essential repairs, while the works are in operation; or such other
apparatus as will efficiently remove the lead dusts from the air before
it is discharged into the outer air.
(b) The employer shall provide a wash room or rooms for such em- Wash rooms,
ployees which shall be separate from the workrooms, be kept clean e c*
and be equipped with:
(1) Lavatory basins fitted with waste pipes, and two spigots convey
ing hot and cold water; or
(2) Basins placed in troughs fitted with waste pipes, and for each
basin two spigots conveying hot and cold water; or^
(3) Troughs of enamel or similar smooth impervious material fitted
with waste pipes, and for every two feet of trough length two spigots
conveying hot and cold water.
Where basins are provided there shall be at least one basin for every
five such employees and where troughs are provided at least two feet
of trough length for every five such employees. The employer shall
also furnish nail brushes and soap, and shall provide at least three clean
towels per week for each such employee. A time allowance of not less
than ten minutes, at the employer’s expense, shall be made to each
of such employees for the use of said wash room before the lunch hour,
and at the close of the day’s work.
The employer engaged in the manufacture of white lead, red lead,
litharge, sugar of lead, arsenate of lead, lead chromate, lead sulphate,
lead nitrate, or fluosilicate shall also provide at least one shower bath
for every five such employees. The baths shall be approached by
wooden runways, be provided with movable wooden floor gratings, be
supplied with controlled hot and cold water and be kept clean. The
employer shall furnish soap and shall provide at least two clean bath
towels per week for each employee. An additional time allowance of
160
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
not less than ten minutes at the employer’s expense, shall be made to
each such employee for the use of said baths at least twice a week at
the close of the day’s work. The employer shall keep a record of each
time that such baths are used by each employee, which record shall
be open to inspection at all reasonable times by the department of
labor of this State and also by the State board of health.
Dressing rooms,
(c) The employer shall provide a dressing room or rooms which shall
be separate from the workrooms, to be furnished with a double sani
tary locker, or two single sanitary lockers for each such employee, and
be kept clean.
Eating rooms.
(d) The employer shall provide an eating room, or eating rooms for
such employees, and such rooms shall be separate from the workrooms,
be furnished with a sufficient number of tables and seats, and be kept
clean. No such employee shall take or be allowed to take any food or
drink of any kind into any workroom, nor shall any such employee
remain or be allowed to remain in any workroom during the time
allowed for his meals.
Drinking wa(e) The employer shall provide and maintain a sufficient number
ter’
of sanitary drinking fountains readily accessible for the use of such
employees.
Clothing.
(f) The employer shall provide at least two pairs of overalls and
two jumpers for each such employee, and repair or renew such cloth
ing when necessary, and wash the same weekly. Such clothing shall
be kept exclusively for the use of that employee.
Respirators.
(g) The employer shall provide and renew when necessary at
least two reasonably effective respirators for each employee who, while
engaged in any work or process which produces lead dusts, is
exposed to such dusts: Provided, If at any time it is shown to the
satisfaction of the commissioner of labor of the State of New Jersey,
in the case of any manufacturer or process or any operation forming
part thereof in the potteries that injury to health is adequately
prevented by other appliances or any other condition than those
prescribed by law, he may modify the whole or any part of the law
so far as it applies to such pottery manufacture or process.
Duties of emS e c . 4. Every employee who, while engaged in any work or process
pioyees.
included in section two, is exposed to lead dusts, lead fumes or lead
solutions, shall:
(a) Use the washing facilities provided by the employer in accord
with section three (b), and wash himself at least as often as a time
allowance is therein granted for such use;
(b) Use the eating room provided by the employer with section
three (d), unless the employee goes off the premises for his meals;
(c) Put on and wear at all times, while engaged in such work or
process, a suit of the clothing provided by the employer in accord
with section three (f), and remove the same before leaving at the close
of the day’s work; and keep his street clothes and working clothes,
when not in use, in separate lockers or separate parts of the locker
provided by the employer in accordance with section three (c);
(d) Keep clean the respirators provided by the employer in accord
ance with section three (g), and use one at all times while engaged in
any work or process which produces lead dusts and is exposed to such
dusts.
Instructions to
S e c. 5. The employer engaged in any of the processes mentioned in
be posted.
section two shall post in a conspicuous place in every workroom where
any work or process included in section two is carried on, in every
room where washing facilities are provided, in every dressing room
and eating room, a notice of the known dangers arising from such work
or process and simple instructions for avoiding, as far as possible, such
dangers. The commissioner of labor shall prepare a notice containing
the provisions of this act, and shall furnish, free of cost, a reasonable
number of copies thereof to every employer included in section two,
and the employer shall post copies thereof in the manner hereinabove
stated. The notices required in this section shall be printed in plain
type on cardboard, and shall be in English and in such other languages
as the circumstances may reasonably require. The contents of such
notices shall be explained to every employee who may be exposed to
LABOR LEGISLATION OF 1914---- NEW JERSEY.
161
lead dusts, lead fumes or lead solutions, by the employer when the
said employee enters employment in such work or process, inter
preters being provided by the employer, when necessary, to carry out
the above requirements.
S e c . 6. The employer shall cause every employee, who, while. Monthly examengaged in any work or process included in section two, is exposed to matlons*
lead dusts, lead fumes, or lead solutions, to be examined at least once
a month for the purpose of ascertaining if symptoms of lead poisoning
appear in any employee. The employee shall submit himself to the
monthly examination, and to examination at such other times and
places as he may reasonably be requested by the employer, and he shall
fully and truly answer all questions bearing on lead poisoning
asked him by the examining physician. The examination shall be
made by a licensed physician, designated and paid by the employer,
and shall be made during the working hours, a time allowance there
fore [therefor], at the employer’s expense, being made to each employee
so examined.
S ec . 7. Every physician making any examination under section Records,
six and finding what he believes to be symptoms of lead poisoning
shall enter, in a book to be kept for that purpose in the office of the
employer, a record of such examination, containing the names and
addresses of the employees so examined, the particular work or pro
cess in which he is engaged, the date, place and finding of such exami
nation, and the directions given in each case by the physician. The
record shall be open to inspection at all reasonable times by the depart
ment of labor and by the State board of health.
Within forty-eight hours after such examination and finding, the Reports,
examining physician shall send a report thereof in duplicate, one copy
to the department of labor and one to the State board of health. Tne
report shall be on or in conformity with blanks furnished by the State
board of health, free of cost, to every employer included in section two,
and shall state:
(a) Name, occupation and address of employee.
(b) Name, business and address of employer.
(c) Nature and probable extent of disease.
(d) Such other information as may be reasonably required by the
State board of health.
The examining physician shall also, within the said forty-eight
hours, report such examination and find[ing] to the employer, and after
five days from such report the employer shall not continue the said
employee in any work or process where he will be exposed to lead
dusts, lead fumes, or lead solutions, nor return the said employee to
such work or process without a written permit from a licensed physician.
S e c . 8 . The commissioner of labor shall enforce this act and prose- Enforcement,
cute all violations of the same. The said commissioner, the assistant
commissioner, and the inspectors of the said department shall be al
lowed at all reasonable times to inspect any place of employment in
cluded in this act.
S ec . 9. Every employer who, either personally or through any agent, Violations,
violates or fails to comply with any provision of section one or section
three of this act shall be liable to penalties of fifty dollars for the first
offense, one hundred dollars for the second offense and three hundred
dollars for the third and each subsequent offense. Every employee
who violates or fails to comply with any provision of section four of this
act, shall be liable to a penalty of ten dollars for the first offense and
twenty-five dollars for the second and each subsequent offense. Every
employer who, either personally or through an agent, violates or fails to
comply with any provisions of sections five, six or seven of this act,
relating to him, shall be liable to a penalty of fifty dollars for each
offense, and every employee who violates or fails to comply with any
provision of section six of this act, relating to him, shall be liable to a
penalty of ten dollars for each offense.
S e c . 10. Any and all penalties prescribed by any of the provisions of Actions,
this act shall be recovered in an action of debt by and in the name of the
commissioner of labor of the State of New Jersey. * * *
73734°— Bull. 166— 15-------11
162
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Sec. 12. In this act, unless the context otherwise requires, “ em
ployer” includes partnerships and corporations.
Sections severS ec. 13. In case for any reason any section or any provision of this act
ableshall be questioned in any court, and shall be held to be unconstitu
tional or invalid, the same shall not be held to affect any other section,
or provision of this act.
Act in effect.
S e c . 14. This act shall take effect on the first day of October, one
thousand nine hundred and fourteen, except as to subdivisions (a), (b),
(c) and (d) of section three, which subdivisions shall take effect as
follows:
Subdivisions (b), (c) and (d) of section three, on the first day of
October, one thousand nine hundred and fifteen.
Subdivisions [subdivision] (a) of section three, on the first day of
October, one thousand nine hundred and sixteen.
Approved April 14, 1914.
Employers.
Chapter 223.—Employment o f children—General provisions.
S e c t io n 1. (a) “ Supervisor of school exemption certificates, ” as used
in this act, shall mean any superintendent o f schools, supervising prin
cipal, principal or teacher of any school district who shall be designated
by the board of education in that district to carry out the provisions of
this act.
(b) “ Age and schooling certificate,” as used in this act, shall mean a
certificate granted by the supervisor of school exemption certificates,
and such certificate, when granted, pursuant to this act, shall authorize
the holder thereof to cease attending school when employed in some
occupation lawful for children under sixteen years of age.
(c) “ Age and working certificate,” as used in this act, shall mean a
certificate granted by the supervisor of school exemption certificates,
pursuant to section thirteen of this act, which certificate, when granted,
shall not exempt the child from attendance at school, but shall allow
such child to secure certain employment in the open air, which employ
ment shall be lawful for children under fourteen years of age.
^(d) “ Employer’s certificate,” as used in this act, shall mean a cer
tificate setting forth the fact that a child has secured employment, as
provided in section twelve of this act.
School attendS e c . 2. Every parent, guardian, or other person having custody and
ance required.
control of a child between the ages of seven and sixteen years, shall
cause such child regularly to attend a day school in which at least
reading, writing, spelling, English grammar, arithmetic and geography
are taught in the English language by a competent teacher, or to receive
equivalent instruction elsewhere than at school, unless such child is
above the age of fourteen years, has been granted an age and schooling
certificate, and is regularly and lawfully employed in some useful occu
pation or service. Such regular attendance shall be during all the days
and hours that the public schools are in session in said school district,
unless it shall be shown to the satisfaction of the board of education of
said school district that the mental or bodily condition of the child is
such as to prevent his or her attendance at school.
Certificates.
S e c . 3. Age and schooling certificates and age and working certificates
may be granted by the supervisor of school exemption certificates in the
school district in which the child resides, on the application in person
of the parent, guardian or custodian of the child for whom such cer
tificate is desired.
Definitions.
Children
employed.
Evidence.
not
Sec. 4. Every child under the age of sixteen years who is not regularly
and lawfully employed in any useful occupation or service, shall not be
exempt from attendance at school.
S ec . 5. For the purpose of this act, evidence that the child is at least
fourteen years of age shall consist of one of the following proofs of age,
and shall be required in the order herein designated, as follows:
(a) A duly attested transcript of the birth certificate filed according
to law with a registrar of vital statistics or other officer charged with the
duty of recording births, which certificate shall be prima facie evidence
of the age of such child.
LABOR LEGISLATION OF 1914---- NEW JERSEY.
163
(b) A passport, or a duly attested transcript of a certificate of baptism
showing the date of birth, and place of baptism of the child.
(c) In case the proofs required by paragraphs (a) or (b) can not be
produced, such other documentary evidence of age as shall be satis
factory to the officer issuing the certificate (except the school record
of the child or the affidavit of the parent, guardian, or other person
having control of such child) may be accepted, duly attested, as proof
of age, in the discretion of the officer issuing the certificate.
(d) In case no documentary proof of age can be produced the officer Where no docuauthorized to issue the certificate may receive and file an application mentary p *
for a physician’s certificate signed by the parent, guardian or other
person having control of the child for whom the application is made.
Such application shall contain the name, alleged age, place and date
of birth, and present residence of the child, together with such further
facts as may be of assistance in determining the age of such child, and
shall also contain a statement certifying that the person signing such
application is unable to produce any of the documentary evidence
specified in paragraphs (a), (b) or (c). Within sixty days after the date
of the filing of such application a careful investigation shall be made as
to the truth of the facts set forth in said application, and if no facts shall
appear tending to discredit or contradict any material statement in the
application, the officer authorized to issue the certificate may direct the
child to appear, at a time and place to be designated by him, for phys
ical examination without removal of clothing by a medical inspector
employed by the board of education of the school district in which said
child resides. In case said medical inspector shall certify in writing
that he has examined said child, and that, in his opinion, such child is
at least fourteen years of age, such officer shall, for the purpose of this
act, accept the certificate of said medical inspector, as sufficient proof of
the age of said child. The officer issuing the certificate shall require the
evidence of age specified in paragraph (a) in preference to that specified
in any subsequent paragraph, and shall not accept the evidence of age
specified by any paragraph other than paragraph (a) unless there shall
be filed in his office, in addition thereto, an affidavit of the parent,
guardian, or other person having control of the child, showing that no
evidence of age specified in any paragraph preceding that specified in
the affidavit can be produced. Said affidavit shall also contain the age,
date and place of birth, when and where baptized and present resi
dence of the child.
Sec. 6. All oaths, affirmations and affidavits required to be made . Whotoadminor taken in any proceeding had pursuant to this act in an application
r
s>
for an age and schooling certificate, or age and working certificate
shall be taken by the supervisor of school exemption certificates and
the said supervisor of school exemption certificates is hereby granted
the power to administer oaths and take affidavits and affirmation in all
such proceedings held pursuant to this act. Any person who shall Perjury,
swear or affirm falsely at any hearing or any proceeding taken pursuant
to this act to an application for an age and schooling certificate or age
and working certificate, or shall sign and swear or affirm to any affi
davit containing a false statement to be used in any such proceeding,
shall be guilty of committing perjury and, upon conviction thereof,
shall be fined not exceeding one thousand dollars or imprisoned with
or without hard labor as the court may direct for any time not to exceed
three years, or both.
Sec. 7. Before granting any age and schooling certificate or age and Medical certifiworking certificate the child shall appear before a medical inspector ca
employed by the board of education who shall examine said child and
file with the supervisor of school exemption certificates a certificate
signed by said medical inspector describing the physical condition
of said child and certifying as to whether such child has the normal
development of a child of its age and is of sufficiently sound health
and physically able to be employed in any of the occupations in which
a child between fourteen and sixteen years of age may legally be em
ployed.
Sec. 8. No age and schooling certificate shall be issued until there ^ ro? f ?+s *,°
shall have been filed, with the officer authorized to issue the same, |nce°° a 6n "
satisfactory proof that the child for whom such certificate is requested
164
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
has regularly attended a public school, or has received instruction
equivalent to that provided in the public schools, for a period of not
less than one hundred and thirty days during the twelve months next
preceding the date of the application for such certificate, is able to
read intelligently and write legibly simple sentences in the English
language, has completed a course of study equivalent to five yearly
grades in reading, writing, spelling, English language and geography,
is familiar with the fundamental operations of arithmetic, up to ana
including simple fractions, and that such child is able to perform the
work in which he or she may be lawfully employed.
School exompSec. 9. Satisfactory proof on behalf of a child applying for an age and
tion certificate,
schooling certificate pursuant to the provisions of this act having been
produced as to the age, physical condition and schooling of said child,
it shall be lawful for the supervisor of school exemption certificates to
issue in accordance with section three of this act an age and schooling
certificate to said child, dated on the day it is issued and signed by
the person issuing the same, which certificate shall state the color,
name, sex, date and place of birth, residence, color of hair and eyes,
height, weight, and any distinguishing facial marks of the child, and
shall contain a statement that the proofs of age, education and physical
condition required by this act have been filed with the officer issuing
the certificate, and that the child named in the certificate has per
sonally appeared before the medical inspector and been examined.
Every such certificate shall be signed in the presence of the supervisor
of school exemption certificates by the child m whose name it is issued
or other person having custody and control of such child.
Papers to be Sec. 10. Every supervisor of school exemption certificates issuing
an age and schooling certificate or an age and working certificate shall
send immediately to the department of labor at Trenton the original
papers upon which said certificate was granted. Said department
shall examine said papers and promptly return them to the supervisor
of school exemption certificates, who shall file them in his office.
Whenever there is reason to believe that an age and schooling certifi
cate or an age and working certificate was improperly issued the com
missioner of labor shall notify the commissioner of education and
the board of education of the school district in which said certificate
Cancellation,
was issued. The board of education of said district may cancel any
age and schooling certificate or any age and working certificate issued
by it and shall cancel the same when directed so to do by the com
missioner of education.
Records.
S e c. 11. The supervisor of school exemption certificates shall keep
a record of every such certificate issued by him giving all the facts
contained in such certificate, and also a record of the name and address
of eveiy child to whom a certificate has been refused, together with
the name or number of the school which such child should attend,
and the reason for refusal.
Employers’ * * S e c. 12. The supervisor of school exemption certificates shall give
to each child to whom an age and schooling certificate is issued a blank
form of “ employer’s certificate” which shall be filled in by the person
employing said child, setting forth the nature of the work the child is
to do, the date the child starts work, and also the salary a week to be paid
the child, which form, correctly filled out, shall within two days, be
surrendered or returned by the person, firm or corporation employing
said child to the supervisor of school exemption certificates of the
district in which the child resides. The child, upon securing employ
ment, shall surrender the age and schooling certificate to his employer
who shall retain said certificate during the time said child is in his
employ; said employer shall, within two days after the child is dis
charged or ceases to work for him, surrender or return the age and
schooling certificate to the supervisor of school exemption certificates
of the school district in which said child resides, who shall file the
same in his office and keep said certificate until such time as the child
shall again secure employment. If, however, said employer does not
know or can not find the location of said child’s residence, he shall
surrender or deliver the age and schooling certificate to the supervisor
of school exemption certificates for the district in which the business
of the employer was located, and said supervisor of school exemption
LABOR LEGISLATION OF 1914---- NEW JERSEY.
165
certificates shall make inquiry and search for said child, and if he
can not find where said child resides, he shall return the certificate
to the supervisor of school exemption certificates who issued the same.
Whenever a child shall find other employment it shall apply to the Change of emsupervisor of school exemption certificates of the school district in Ploymentwhich said child lives for the return of the age and schooling certificate,
together with a blank form of employer’s certificate, and the employer
shall retain and file in his office said age and schooling certificate,
and fill in and return the employer’s certificate as provided above.
Any person, the members of any firm or the officers or agents of any
corporation failing to comply with the provisions of this section of
this act, shall be deemed and adjudged to be a disorderly person or
persons, and upon conviction thereof, shall be fined not to exceed
twenty-five dollars, or imprisoned in jail, not to exceed thirty days,
or both.
Whenever any age and schooling certificate or any age and working Notice of cancertificate shall have been canceled as provided in section ten of this
on*
act, the board of education canceling said certificate shall immediately
notify the commissioner of education, the commissioner of labor ana
the person or corporation by whom the child is employed of its action,
and said person or corporation shall immediately upon receiving said
notice forward said certificate to the commissioner of education.
S e c . 13. Whenever a child between the age of ten and sixteen years Children of de
desires to work in order to assist in supporting itself or the family, it Pendent parentsshall be lawful for the parent, guardian or other person having the
custody and control of said child between the ages of ten and sixteen
years to file a petition with the supervisor of school exemption certifi
cates of the school district in which the child resides, which petition
shall set forth the fact that said child desires to secure employment in
order to help support itself or family, together with evidence which
shall comply with the provisions of this act as to the age of said child
and the character of the work the child is to perform, which work shall
only include selling newspapers, blacking shoes, running errands,
and other light employments, not otherwise prohibited by law for
children under sixteen. If upon investigation it shall be found that
the facts set forth in the petition are true and that the work will not
interfere with the child’s standing in school, or with the child’s health,
it shall be lawful for the supervisor of school exemption certificates to
grant to said child an age and working certificate, to work at such times
as the public schools in the district shall n ot be in session, but not
before six o’clock in the morning nor after seven o’clock at night.
Any person, the members of any firm or the officers or agents of any
corporation employing, permitting, or allowing a child to work, con
trary to the provisions of this section, shall be deemed and adjudged
to be a disorderly person or persons, and upon conviction thereof,
shall be fined fifty dollars, or imprisoned not to exceed one year or
both: Provided, That nothing contained in this section shall apply to
any child employed in agricultural pursuits.
S e c . 14. Every child between the ages of seven and fourteen years, Delinquents,
and every child between the ages of fourteen and sixteen years who is
not lawfully employed in some useful occupation or service, who shall
repeatedly be absent from school, or any child found away from school
during school hours whose parent, guardian or other persons having
charge and control of such child is unable to cause him to attend school,
or any pupil who shall be incorrigible, actually vagrant, vicious or
immoral in conduct, shall be deemed to be a juvenile disorderly person
or a juvenile delinquent and shall be proceeded against as such.
S e c . 15. Any parent, guardian or other person having custody and Offenses of parcontrol of any child between the ages of seven and sixteen years who
shall fail to comply with the provisions of section two of this act, or any
parent, guardian or other person having custody and control of any
child between the ages of seven and sixteen years, who shall fail to
comply with any of the provisions of this act relating to his or her duties,
shall be deemed to be a disorderly person, and upon conviction thereof,
it shall be lawful for the magistrate or judge before whom such person
is convicted to sentence such person to the workhouse, penitentiary
or county jail of the county in which such person may be convicted,
166
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
for a period not to exceed one year, or to impose a fine not to exceed
fifty dollars, or both: Provided, however, That no justice of the peace
shall have jurisdiction in any proceedings brought under the provisions
of this act; * * *
Duty of par- Sec. 16. I t shall be the duty of the parent, guardian or other person
ents*
having custody and control of any child to whom an age and schooling
certificate has been issued to see that the child is either continuously
employed or regularly attends school, and it shall be the duty of the
supervisor of school exemption certificates of the district in which the
child resides to take the proper proceedings, as provided in sections
fourteen and fifteen of this act, to enforce the attendance at school of
any child who fails to secure employment and also to secure and retain
the age and schooling certificate for such child until such times as it
shall secure lawful employment.
S e c . 17. For the purpose of enforcing the provisions of this article
the board of education of each school district shall appoint a suitable
number of qualified persons to be designated as attendance officers, and
shall fix their compensation. Said board shall make rules and regu
lations not inconsistent with the provisions of this article, for the gov
ernment of said attendance officers, which rules and regulations must
be approved by the commissioner of education.
Duties.
S e c. 18. Every attendance officer who shall find any child between
seven and fourteen years of age (or any child between fourteen and
sixteen years of age, who is not lawfully employed in some useful
occupation or service) away from home during school hours, who shall
then be a truant from school, shall take such child and deliver him to
the parent, guardian or other person having charge and control of such
child, or to the teacher of the school which such child is lawfully
required to attend. * * *
Certificates to S e c . 19. N o fees or expenses incurred in obtaining an age and schoolbe free.
mg certificate or an age and working certificate shall be charged to or
paid by any parent, guardian or other person having custody or control
of any child for any services or proceedings had under this act.
Approved April 14,1914.
Attendanceoffi-
cers*
Chapter 236.—Employment of children—Age limit—Inspector}
Section 2. Section one of the act to which this act is amendatory
and supplemental [sec. 16, p. 3023, Comp. Stat. 1910] is hereby amended
to read as follows:
Scope of law.
Section 1. No child under the age of fourteen (14) years shall be em
ployed, allowed or permitted to work in any factory, workshop, mill
or place where the manufacture of goods of any kind is carried on, or in
any mine or quarry; any corporation, firm, individual, parent, parents
or custodian of any child, who shall violate any of the provisions of this
section, shall be liable to a penalty of fifty dollars for each offense.
Inspector of
S ec . 3. In addition to the inspectors provided by the act to which
mines and quaract is an amendment and supplement, and its supplements and
amendments, the commissioner of labor shall immediately appoint one
additional inspector who shall have practical knowledge ana skill in
the work in and operation of mines and quarries, whose salary, powers
and duties shall be the same as of the inspectors appointed under the
acts in this section mentioned. Said inspector shall be appointed and
shall hold his office and perform his duties subject to the provisions of
the act entitled “ An act regulating the employment, tenure and dis
charge of certain officers and employees of this State, and of the various
counties and municipalities thereof, and providing for a civil service
commission, and defining its powers and duties,’ ’ approved April
tenth, one thousand nine hundred and eight, and amendments thereof
and supplements thereto.
Approved April 17, 1914.
*See chapters 60 and 252.
LABOR LEGISLATION OF 1914---- NEW JERSEY.
C h a p t e r 244.— Compensation of workmen for
167
injuries.
S ection 1. Paragraph twelve of the act
[ch. 95, Acts of
1911], is hereby amended to read as follows:
Section 12. In case of death compensation shall be computed, but Compensation
not distributed, on the following basis:
for deat *
For one dependent, thirty-five per centum of wages.
For two dependents, forty per centum of wages.
For three dependents, forty-five per centum of wages.
For four dependents, fifty per centum of wages.
For five dependents, fifty-five per centum of wages.
For six or more dependents, sixty per centum of wages.
The term “ dependents” shall apply to and include any or all of the
following who are dependent upon the deceased at the time of accident
or death, namely: Husband, wife, parents, step-parents, grandparents,
children, stepchildren, grandchildren, posthumous child, illegitimate
children, brothers, sisters, half brothers, half sisters. Legally adopted
children shall, in every particular, be considered as natural children:
Provided, however, That dependency shall be presumed as to a widow
who was living with her husband at the time of his decease, and children
under the age of eighteen years; stepchildren and illegitimate children
shall be presumed to be dependent when they were part of the dece
dent’s household at the time of his death. Every provision of this act
applying to one class shall be equally applicable to the other. Should
any dependent of a deceased employee die during the period covered
by such weekly payments, or should the widow of a deceased employee
remarry during such period, the right of such dependent or of such
widow to compensation under this section shall cease.
Compensation shall be computed upon the foregoing basis. Dis
tribution shall be made among dependents, if more than one, according
to the order of the judge of the court of common pleas, who shall, when
applied to for that purpose, determine, upon the facts being presented
to mm, the proportion to be paid to or on behalf of each dependent
according to the relative dependency. Payment on behalf of infants
shall be made to the surviving parent, if any.
If death results from the accident whether there be dependents or Funeral, etc.,
not, expenses of last sickness and burial, the cost of burial however not exPensesto exceed one hundred dollars.
In computing compensation to orphans or other children, only those Orphans,
under eighteen years of age shall be included, and only during the
period in which they are under that age, at which time payment on
account of such child shall cease: Provided, however, That payments
to such physically or mentally deficient children as are for such reason
dependent shall continue during the full term of compensation
payment.
The compensation in case of death shall be subject to a maximum Weekly scale,
compensation of ten dollars per week and a minimum of five dollars per
week: Provided, That if at the time of the injury the employee
receives wages of less than five dollars per week, then the compensation
shall be the full amount of such wages per week. This compensation
shall be paid during three hundred weeks.
Compensation under this schedule shall not apply to alien dependents Aliens.
not residents of the United States.
Approved April 17,1914.
Ch a p t e r
252.—Employment of children—Inspection offactories.1
S ection 1. Section one [16] of said act [(secs. 16 to 25, p. 3023, et seq.,
Comp. Stat., 1910), shall] be amended to read as follows:
Section 1. [16] No child under the age of fourteen years shall be em- Age limit,
ployed, allowed or permitted to work in any factory, workshop, mill
orplace where the manufacture of goods of any kind is carried on. The
officers or agents of any corporation, the members of any firm, or any
i This and chapters 60 and 236 amend section 1 of the original act (sec. 16, p. 3023,
Comp. Stat., 1910), and present an apparent conflict. The last two were approved on
the same day, and all are reproduced as given in the authorized volume of acts of the
168
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
person, or any parent, parents or custodian of any child who shall violate
any of the provisions of this section shall be deemed and adjudged to be
Offenders dis- a disorderly person or persons, and upon conviction thereof, shall be
orderly persons. finecj fifty dollars, or imprisoned in jail for not more than ninety days,
or both: Provided, hoivever, That any place where a child or children are
habitually employed, contrary to the provisions of this section of the
act, shall be a disorderly house, and the officers or agents of any cor
poration, the members of any firm, or any person owning, operating
and managing said business shall be deemed to be guilty of keeping a
disorderly house, and upon conviction thereof, shall be fined not to ex
ceed one thousand dollars, or shall be committed to jail, not to exceed
three years, or both.
Certificate
re"
qmr *
Evidence.
Sec. 2. Section three [18] of said act is hereby amended to read as
follows:
Sec. 3. [18] No corporation, firm, or person owning or operating a
place or places coming under the provisions of this act shall employ,
allow or permit any child under the age of sixteen years to work therein
unless that child shall produce an age and schooling certificate, as pro
vided and required by law. The officers and agents of any corporation,
or the members of any firm or any person failing to comply with the
provisions of this section shall be deemed and adjudged to be dis
orderly persons, and upon conviction thereof, be fined not to exceed
twenty-five dollars, or committed to jail, not to exceed sixty days,
or both.
Sec. 3. Section four [19] of said act is hereby amended to read as
follows:
Sec. 4. [19] In any suit brought to recover a penalty for violation of
section one of this act or in any criminal proceedings wherein the de
fendant is charged with violating any of the provisions of this act, a copy
of the baptismal record, certified to be a true copy under the hand of the
person having the custody of such records for the church or parish in
which such criild was baptized, shall be prima facie evidence of the
child’s age: Provided, however, That in case the age of the child is not
set forth in the baptismal record, that there shall be other proof, showing
the age of the child at the time he or she was baptized.
Sec. 4. Section seven [22] of said act is hereby amended to read as
follows:
Employment
forbidden.
Sec. 7. [22] No minor under the age of sixteen years shall be employed, permitted or suffered to work at any of the following occupa
tions 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 m operating any of the following machines: Circular or band
saws; wood choppers, wood jointers; planers; sandpaper or wood
polishing machinery; wood turning or boring machinery; picker
machines or machines used in picking wool, cotton, hair, fur, or any
other material; carding machines; paper-lace 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 and nut factories; metal or
paper cutting machines; corner staying machines in paper box factories;
corrugating rolls, such as are used in corrugated paper, roofing or wash
board factories; steam boilers, dough brakes or cracker machinery of any
description; wire or iron straightening or drawing machinery; rolling
mill machinery; power punches or shears; washing, grinding or mixing
machinery; collender [calender] rolls and mixing rolls in paper and
rubber manufacturing; laundering machinery; or in proximity to any
hazardous or unguarded belting, machinery or gearing, which, in the
judgment of the commissioner of labor is a menace to the safety of such
minor. No minor under the age of sixteen years shall be employed,
permitted or suffered to work in any capacity in, about, or in connection
with any processes in which dangerous or poisonous acids are used; or
the manufacture or packing of paints, colors, white or red lead; or
in any process in which lead or its compounds are employed; or in
soldering; or in occupations causing mineral, animal or vegetable dust
in injurious quantities, including flint, clay, metal and talc dust; to
bacco, rubber and cotton dust; silk, fur, wool and leather dust, or in the
LABOR LEGISLATION OF
1914---- N E W JERSEY.
169
manufacture or use of dangerous or poisonous dyes; or in the manu
facture or preparation of compositions with dangerous or poisonous
gases or fumes; or in the manufacture or use of compositions of dye
in which the quantity thereof is injurious to health; or in any trade,
process which shall offer such exposure to excessive heat, cold, mus
cular exertion or other physical risk as shall, in the judgment of the
commissioner of labor, be harmful to the health ana future working
efficiency of such minor.
The officers or agents of any corporation, the members of any firm, or Violations,
any person, or the parent, parents or custodian of any child who shall
violate any of the provisions of this section, shall be deemed and ad
judged to be disorderly persons, and upon conviction thereof, shall be
fined not to exceed fifty dollars, or imprisoned in jail for not more than
ninety days, or both: Provided, however, That any place where a child
or children are habitually employed, contrary to the provisions of this
section of the act, shall be a disorderly house, and the officers or agents
of any corporation, the members of any firm, or any person owning,
operating and managing said business, shall be deemed to be guilty of
keeping a disorderly house, and upon conviction thereof, shall be fined
not to exceed one thousand dollars, or shall be committed to jail, not to
exceed three years, or both.
Sec. 5. Section eight [23] of said act is hereby amended to read as
follows:
Sec. 8. [23] Any corporation, firm or person, owning, or operating a
place coming under the provisions of this act and employing, allowing
or permitting minors under the age of sixteen years to work therein,
shall keep or cause to be kept in the main office of such place, in the
town or city where such place is located, a register in which shall be
recorded the names, places of residence and time of employment of all
such minors and shall keep on file the age and schooling certificates is
sued to said minors as provided and required by law; such registers and
age and schooling certificates shall be produced for inspection upon de
mand of the commissioner, assistant or any of the inspectors; all police
officers, and officers and agents of any society incorporated under the
laws of this State for the prevention of cruelty to children, and all at
tendance officers shall have the same right as inspectors to examine such
registers and the age and schooling certificates; the officers or agents of
any corporation, the members of any firm or any person failing to keep
such register, or failing to keep on file the age and schooling certificates
or refusing to permit the persons herein authorized to inspect the regis
ter of the certificates, shall be deemed to be disorderly persons, and
upon conviction thereof, shall be fined not to exceed fifty dollars, or
imprisoned not to exceed sixty days, or both.
S ec . 6. Section nine [24] oi said act is hereby amended to read as
follows:
Sec. 9. [24] No minor under the age of sixteen years shall be em
ployed, permitted or allowed to work in places coming under the pro
visions of this act, more than eight hours in a day or forty-eight hours in a
week; nor shall any minor under the age of sixteen years be employed,
permitted or allowed to work in any place or places coming under the
provisions of this act after seven o’clock in the afternoon or before seven
o’clock in the morning of any day; nor shall any child under the age of
sixteen years be employed, permitted or allowed to work on the first
day of the week, commonly known as Sunday, or any time during said
day, the officers and agents of any corporation, or any firm or person per
mitting or allowing any violation of the provisions of this section shall be
deemed and adjudged to be disorderly persons, and. upon conviction
thereof, shall be fined not to exceed fifty dollars, or imprisoned in jail
for not more than ninety days, or both: Provided, however, That any
place where a child or children are habitually employed, contrary
to the provisions of this section of the act, shall be a disorderly house,
and the officers or agents of any corporation, the members of any firm,
or any person owning, operating and managing said business shall be
deemed guilty of keeping a disorderly house, and upon conviction
thereof, shall be fined, not to exceed one thousand dollars, and shall be
committed to jail, not to exceed three years, or both.
Approved April 17, 1914.
Registers,
Hours of labor,
Nightwork.
Sunday labor,
Violations.
170
B ULLETIN OF TH E BUREAU OF LABOR STATISTICS.
C h a p t er 253.—Employment
of children in mercantile establishments.
S ection 1. Section one of said act [(ch. 136, Acts of 1911) shall] be
amended to read as follows:
Section 1. No child under the age of fourteen years shall be em
ployed, allowed or permitted to work in any mercantile establishment
coming within the provisions of this act; the officers or agents of any
corporation, or the members of any firm or any person who shall employ,
allow or permit to work in any mercantile establishment any child
under the age of fourteen years shall be deemed and adjudged to be
disorderly persons, and, upon conviction thereof, shall be fined fifty
Violations.
dollars, or imprisoned in jail for not more than ninety days, or both:
Provided, however, That any place where a child or children are
habitually employed, contrary to the provisions of this section of the
act, shall be a disorderly house, and the officers or agents of any cor
poration, the^members of any firm or any person owning, operating and
managing said business shall be deemed to be guilty of keeping a
disorderly house, and, upon conviction thereof, shall be fined not to
exceed one thousand dollars, or shall be committed to jail, not to
exceed three years, or both.
S ec. 2. Section two of said act [shall] be amended to read as follows:
Certificates.
Sec. 2. No child under the age of sixteen years shall be employed,
allowed or permitted to work in or in connection with any mercantile
establishment unless such child shall produce an age and schooling
certificate as provided and required by law, nor shall said child be
Hours of labor, employed more than eight hours in any one day or more than fortyeight hours in any one week, or before seven o’clock in the morning
Nightwork.
0r after seven o’clock in the evening; nor shall any child under the age
of sixteen years be employed, permitted or allowed to work on the
Sunday labor, first day of the week, commonly known as Sunday, or any time during
said day; the officers or agents of any corporation, or the members of
Violations.
any firm or any person who shall violate any of the provisions of this
section shall be deemed and adjudged to be disorderly persons, and,
upon conviction thereof, shall be fined not to exceed fifty dollars, or
imprisoned in jail for not more than ninety days, or both: Provided,
however, That any place where a child or children are habitually
employed, contrary to the provisions of this section of the act, shall
be a disorderly house,' and the officers or agents of any corporation,
the members of any firm or any person owning, operating and manag
ing said business, shall be deemed to be guilty of keeping a disorderly
house, and upon conviction thereof, shall be fined not to exceed one
thousand dollars, or shall be committed to jail not to exceed three
years, or both.
S ec. 3. Section three of said act [shall] be amended to read as follows:
Enforcement.
Sec. 3. It shall be the duty of the commissioner of labor, the assist
ant commissioner, the inspectors of the department of labor, the
attendance officers or other person empowered by law to compel the
attendance of children at school, and any police officer or other person
designated by law to protect children from cruelty and neglect, and
they shall have power to investigate and inspect all mercantile estab
lishments coming under the intent and provisions of this act, in order
to enforce the provisions of this act.
S ec. 4. Section four of said act [shall] be amended to read as follows:
Registers.
Sec. 4. Any corporation, firm or person owning or operating a place
or places coming under the provisions of this act, and employing, allow
ing or permitting children between the age of fourteen and sixteen
years, to work therein, shall keep or cause to be kept in the main office
of such place in the town or city in which such place is located, a
register or record in which shall be recorded the name, place of resi
dence and time of employments of such minors employed therein, and
shall also keep on file the age and schooling certificate of every such
child during the time it is employed in said mercantile establishment.
Violations.
The officers and agents of any corporation, or the members of any
firm or any person failing to comply with the provisions of this section
shall be deemed and adjudged to be disorderly persons, and, upon
conviction thereof, shall be fined not to exceed fifty dollars, or
imprisoned in jail for not more than ninety days, or both: Provided,
Age limit.
LABOR LEGISLATION OF 1914---- N E W JERSEY.
171
however, That any place where a child or children are habitually
employed, contrary to the provisions of this section of the act, shall
be a disorderly house, and the officers or agents of any corporation,
the members of any firm or any person owning, operating and manag
ing said business, shall be deemed to be guilty of keeping a disorderly
house, and, upon conviction thereof, shall be fined not to exceed one
thousand dollars, or shall be committed to jail, not to exceed three
years, or both.
Sec. 5. Section five of said act [shall] be amended to read as follows:
Sec. 5. No child under the age of sixteen years shall be employed Dangerous emin any mercantile establishment coming within the provisions of this p ymeTlts'
act in any employment that is detrimental to health or is dangerous
to life and limb of a child of that age, or that exposes him to excessive
heat or cold, or that requires an excessive muscular exertion that is
detrimental to the health and strength of a child of that age, or in the
handling of any goods, wares or merchandise that are poisonous or
that give off dust, fumes or gases, or in working around any heated
metal, combination of metal or metals or their salts, that give off any
dust, fumes or gases that are detrimental to the health, or on, in or
around any scaffolding of any character whatsoever, or on, in and
around any building that is under construction, or in any employment
whatsoever which exposes him to conditions that will retard his
growth or injure his health, or in any place that is damp or unhealthy,
or that is injurious in any way to the health and strength of a child,
or in any place where, on account of the light or the nature and char
acter of the work the child’s eyesight or hearing will be injured. The
officers or agents of any corporation, the members of any firm or any
person who shall employ any child, contrary to the provisions of this
section of the act shall be deemed and adjudged to be disorderly
ersons, and, upon conviction thereof, shall be fined not to exceed
fty dollars, or imprisoned in jail for not more than ninety days, or
both: Provided, however, That any place where a child or children
are habitually employed, contrary to the provisions of this section of
the act, shall be a disorderly house, and the officers or agents of any
corporation, the members of any firm or any person owning, operating
ana managing said business, shall be deemed to be guilty of keeping
a disorderly house, and, upon conviction thereof, shall be fined not
to exceed one thousand dollars, or shall be committed to jail, not to
exceed three years, or both.
E
S ec. 6. Section six of said act [shall] be amended to read as follows:
Sec. 6. The commissioner of labor, his assistant, or any inspector Entering estabor attendance officer, or other person empowered by law to compel the lishments.
attendance of children at school, or any police officer or any officer or
agent for any duly incorporated society or association for the protection
of children from cruelty and neglect, is hereby empowered to enter
into and inspect at any reasonable time and without notice or request
for permission all mercantile establishments coming under the pro
visions of this act and to demand of any parent, custodian or guard
ian proof of the age of a child, and such parent, parents, custodian or
guardians shall, within five days after such demand is made, furnish
to such officer proof of such child’s age; and in the event of the failure
to procure and furnish such proof of age, such child shall be discharged
by his or her employer upon notice in writing, signed by the commis
sioner, and shall not be reemployed until such proof of age shall have
been furnished.
Approved April 17, 1914.
NEW YORK,
ACTS OF 1914.
Chapter 16.— Workmen'’s compensation insurance—Premium rates.
Section 1. Article one of chapter * * * twenty-eight of the
Consolidated Laws, is hereby amended by adding at the end thereof
a new section, to be section sixty-seven, to read as follows:
Section 67. Every insurance corporation or association, except the Rates to be apState insurance fund as administered by the State workmen’s com- pro *
pensation commission, authorized to transact business in this State,
which insures employers against liability for compensation under the
workmen’s compensation law, shall file with the superintendent of
insurance its classification of risks and premiums relating thereto, and
any subsequent proposed classification of risks and premiums, together
with basis rates and schedules, if a system of schedule rating be in use,
none of which shall take effect until the superintendent of insurance
shall have approved the same as adequate for the risks to which they
respectively apply. The superintendent of insurance may withdraw
Ins approval of any premium rate or schedule made by any insurance
corporation or association if, in his judgment, such premium rate or
schedule is inadequate to provide the necessary reserves.
Became a law March 4, 1914.
Chapter 21.—Employment of children—Street trades.
Section 1. Chapter * * * thirty-one of the Consolidated Laws,
is hereby amended by inserting therein a new section to be section one
hundred and sixty-one-b, to read as follows:
Section 161-b. Upon obtaining a permit and badge as provided by this
section, a male child over twelve years of age between the close of
school and six-thirty o’clock in the afternoon and a male child over
fourteen years of age between five-thirty and eight o’clock in the
morning may be employed to carry and distribute newspapers on a
newspaper route in a city or village, if no other work or employment
be required or permitted to be done by any such child during that
time. The badge or permit required by this section shall be issued to
such child by the district superintendent or the board of education of
the city or village and school district where such child resides, or by
such other officer thereof as may be officially designated by such board
for that purpose, on the application of the parent, guardian or other
person having the custody of the child desiring such permit and badge,
or in case such child has no parent, guardian or custodian then on the
application of his next friend, being an adult. Such permit and
badge shall not be issued until the officer issuing the same shall have
received, examined, approved and placed on file in his office satis
factory proof that such male child is of the age prescribed by this sec
tion, and shall also have received, examined and placed on file the
written statement of the principal or chief executive officer of the
school which the child is attending, stating that such child is an attend
ant at such school, that he is of the normal development of a child of
his age and physically fit for such employment, and that such principal
or chief executive officer approves the granting of a permit and badge
to such child. No such permit or badge shall be valid for any purpose
except during the period m which such proof and written statement shall
remain on file, nor shall such permit or badge be authority beyond the
period fixed therein for its duration. After having received, examined
and placed on file such papers the officer shall issue to the child a permit
and badge. Such permit shall state the date and place of birth of the
child, the name and address of its parent, guardian, custodian or next
173
Newsboys,
Permit and
ge*
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
friend, as the case may be, and describe the color of hair and eyes, the
height and weight and any distinguishing facial mark of such child,
ana shall further state that the papers required by this section have
been duly examined and filed; and that the child named in such permit
has appeared before the officer issuing the permit. The badge fur
nished by the officer issuing the permit shall bear on its face a number
corresponding with the number of the permit, and the name of the child.
Every such permit, and every such badge oh its reverse side, shall be
signed in the presence of the officer issuing the same by the child in
whose name it is issued. The badge provided for herein shall be worn
conspicuously at all times by such child while so working; and all such
permits and badges shall expire annually on the first day of January.
The color of the badge shall be changed each year. No child to whom
such permit and badge are issued shall transfer the same to any other
person nor be engaged in any city or village in distributing newspapers
without having conspicuously upon his person such badge, and he
shall exhibit the same upon demand at any time to any police or attend
ance officer.
Became a law March 5, 1914.
Ch a p t e r
41.—Compensation of workmen for injuries.
[This chapter reenacts with slight changes the law of 1913 (chapter
816), reproduced in Bulletin No. 126, this action being taken to avoid
ossible difficulties in the matter of constitutionality, since the enaling provision of the State constitution, though ratified, was not in
effect at the date of the earlier enactment. Two of the changes were
merely verbal corrections; the other occurs in section 60, and provides
that the State workmen’s compensation commission provided for by
the act shall have not more than three of its five members of the same
political party. Amendments of considerable importance were made
oy chapter 316, below.]
E
Ch a p t e r
164.—Assignments of wages of municipal employees,>.
S ection 1. Chapter * * * twenty-four of the Consolidated Laws,
is hereby amended by adding thereto a new section to be known
as section eighty-six-a and to read as follows:
of Section 86-a. No assignment of, or power of attorney to collect or other
re" instrument affecting, the whole or any part of his salary or earnings by
an officer or employee of any municipal corporation, or subdivision
thereof, unless approved in Writing by the head of the department,
board, body or office in which such officer or employee is employed,
shall in any way operate to prevent the payment of such salary or earn
ings directly to such officer or employee.. In the event of the payment
of such salary or earnings directly to such officer or employee, notwith
standing the existence of an assignment of, or power of attorney to
collect or other instrument affecting, the whole or part thereof, not
approved by the head of the department, board, body or office in
which such officer or employee is employed, no person snail have any
cause of action therefor against such municipal corporation or subdivi
sion thereof for the recovery of any moneys by virtue of such unap
proved assignment, power of attorney to collect or other instrument.
Became a law April 6, 1914.
Ch a p t e r
181.—Department of labor—Free public employment offices.
Section 1. Section forty-two of chapter * * * thirty-one of the
Consolidated Laws, * * * is hereby amended to read as follows:
Section 42. The department of labor shall have five bureaus as fol
lows: Inspection; statistics and information; employment; mediation
and arbitration and industries and immigration. There shall be such
other bureaus in the department of labor as the commissioner of labor
may deem necessary.
Sec. 2. Such chapter is hereby amended by inserting therein after
article five a new article to be article five-a, to read as follows:
LABOR LEGISLATION OF 1914---- NEW YORK.
175
Section 6 6 . The bureau of employment shall be under the immediate Director of bucharge of a director who shall have recognized executive and managerof employ“
ial ability, technical and scientific knowledge upon the subject of
unemployment and administration of public employment offices and
recognized capacity to direct investigations of unemployment and
public and private agencies for remedying the same. The civil-service
examination for the position of director shall be such as to test whether
candidates have the above qualifications. As a part of such examina
tion each candidate shall be required to submit a detailed plan of
organization and administration of employment offices such as are
contemplated by this article.
Section 66 -a. The commissioner of labor shall establish such public Offices,
employment offices, and such branch offices, as may be necessary to
carry out the purpose of this article.
Section 66 -b. The purpose of such offices shall be to bring together all Purpose,
kinds and classes of workmen in search of employment and employers
seeking labor.
Section 6 6 -c. Each office shall be in charge of a superintendent, who S u p e r intendshall be subject to the supervision and direction of the director. Such entsother employees shall be provided as may be necessary for the proper
administration of the affairs of the office.
Section 6 6 -d. The superintendent of every public employment office Duties,
shall receive applications from those seeking employment and from
those seeking employees and shall register every applicant on properly
arranged cards or forms provided by the commissioner of labor.
Section 66 -e. Each superintendent shall make to the director such Reports,
periodic reports of applications for labor or employment and all other
details of the work of each office, and the expenses of maintaining the
same, as the commissioner of labor may require.
Section 66 —
f. The commissioner of labor shall appoint for each public Advisory comemployment office an advisory committee, whose duty it shall be to niittees.
give the superintendent advice and assistance in connection with the
management of such employment office. The superintendent shall
consult from time to time with the advisory committee attached to his
office. Such advisory committee shall be composed of representative
employers and employees with a chairman who shall be agreed upon
by a majority of such employers and of such employees. Vacancies,
however caused, shall be filled in the same manner as the original ap
pointments. The advisory committees may appoint such subcom
mittees as they may deem advisable. At the request of a majority
either of the employers or of the employees on advisory committees,
the voting on any particular question shall be so conducted that there
shall be an equality of voting power between the employers and the
employees, notwithstanding the absence of any member. Except as
above provided, every question shall be decided by a majority of the
members present ana voting on that question. The chairman shall
have no vote on any question on which the equsfrity of voting power
has been claimed.
Section 6 6 -g. An employer, or a representative of employers or em- N o t i c e
of
ployees may file at a public employment office a signed statement with stnkes>etc*
regard to the existence of a strike or lockout affec ting their trade. Such
a statement shall be exhibited in the employment office, but not until
it has been communicated to the employers affected, if filed by em
ployees, or to the employees affected, if filed by employers. In case of
a reply being received to such a statement, it shall also be exhibited
in the employment office. If any employer affected by a statement
notifies the public employment office of a vacancy or vacancies, the
officer in charge shall advise any applicant for such vacancy or vacan
cies of the statements that have been made.
Section 6 6 -h. No person shall suffer any disqualification or be other- Refusing emwise prejudiced on account of refusing to accept employment found for Ploymenthim through a public employment office, where the ground of refusal is
that a strike or lockout exists which affects the work, or that the wages
are lower than those current in the trade in that particular district or
section where the employment is offered.
Section 66 —
i. The commissioner of labor may organize in any office Departments,
separate departments with separate entrances for men, women and
176
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
juveniles; tliese departments may be subdivided into a division for
farm labor and such other divisions for different classes of work as may
in his judgment be required.
Young persons. Section 66—j . Applicants for employment who are between the ages of
fourteen and eighteen years shall register upon special forms provided
by the commissioner of labor. Such applicants upon securing their
employment certificates as required by law, may be permitted to
register at a public or other recognized school and when forms con
taining such applications are transmitted to a public employment
office they shall be treated as equivalent to personal registration. The
superintendent of eachpublic employment office shall cooperate with
the school principals in endeavoring to secure suitable positions for
children who are leaving the schools to begin work. To this end he
shall transmit to the school principals a sufficient number of applica
tion forms to enable all pupils to register who desire to do so; and
such principals shall acquaint the teachers and pupils with the purpose
of the public employment office in placing juveniles. The advisory
committee shall appoint special committees on juvenile employment
which shall include employers, workmen, and persons ^possessing
experience or knowledge of education, or of other conditions affect
ing juveniles. It shall be the duty of these special committees to give
advice with regard to the management of the public employment
offices to which they are attached in regard to juvenile applicants for
employment. Such committees may take steps either by themselves
or in cooperation with other bodies or persons to give information,
advice and assistance to boys and girls and their parents with respect
to the choice of employment and other matters bearing thereon.
Cooperation.
Section 6 6 -k. The commissioner of labor shall arrange for the cooper
ation of the offices created under this article in order to facilitate, when
advisable, the transfer of applicants for work from places where there
is an oversupply of labor to places where there is a demand. To
this end he shall cause lists of vacancies furnished to the several offices,
as herein provided, to be prepared and shall supply them to newspapers
and other agencies for disseminating information, in his discretion, and
to the superintendents of the public employment offices. The super
intendent shall post these lists inconspicuous places, so that they may
be open to public inspection.
Advertising.
Section 66-1. The commissioner of labor shall have power to solicit
business for the public employment offices established under this arti
cle by advertising in newspapers and in any other way that he may
deem expedient, and to take any other steps that he may deem neces
sary to insure the success and efficiency of such offices: Provided, That
the expenditure under this section for advertising shall not exceed
five per centum of the total expenditure for the purposes of this article.
Fees forbidden.
Section 6 6 -m. No fees direct or indirect shall in any case be
charged to or received from those seeking the benefits of this article.
Accepting fees.
Section 6 6 -n. Any superintendent or clerk, subordinate or appointee,
appointed under this article, who shall accept directly or indirectly
any fee, compensation or gratuity from anyone seeking employment
or labor under this article, shall be guilty of a misdemeanor and shall be
punished by a fine of not more than five hundred dollars, or by impris
onment in jail for a term not exceeding six months, or both, and shall
thereafter be disqualified from holding any office or position in such
bureau.
Bulletin.
Section 6 6 -o. The bureau of statistics and information of the depart
ment of labor shall publish a bulletin in which shall be made public all
possibleinformationwith regard to the state of the labor market, includ
ing reports of the business of the various public employment offices.
Register.
Section 6 6 -p. For the purposes specified in the foregoing section
every employment office or agency, other than those established under
this article, shall keep a register of applicants for work and applicants
for help in such form as may be required by the commissioner of labor in
order to afford the same information as that supplied by State offices.
Such register shall be subject to inspection by the commissioner of
labor and information therefrom shall be furnished to him at such times
and in such form as he may require.
Became a law April 7, 1914.
LABOR LEGISLATION OP 1914---- NEW YORK.
Ch a p t e r
177
182.—Inspection and regulation of factories and workshops.
S ection 1. Subdivisions one and two of section seventy-nine-b of
chapter * * * thirty-one of the Consolidated Laws, as added by
chapter four hundred and sixty-one of the laws of nineteen hundred
and thirteen, is hereby amended to read as follows:
Section 79-b. No factory shall be conducted in any building heretofore Requirements,
erected unless such building shall conform to the following requirements:
1. Every building over two stories in height shall be provided on Exits,
each floor with at least two means of exit or escape from fire, remote
from each other, one of which on every floor above the ground shall
lead to or open on an interior stairway, which shall be inclosed as here
inafter provided, or to an exterior inclosed fireproof stairway. The
other shall lead to such a stairway; or to a horizontal exit; or to an
exterior screened stairway; or to fire escapes on the outside of the
building in buildings of five stories or less m height except that such
fire escapes shall not be accepted as required means of exit in such
buildings or particular classes thereof where the industrial board finds
that such fire escapes would not in its opinion furnish adequate and
safe means of escape for the occupants in case of fire; or to outside fire
escapes in buildings over five stories in height when, in the opinion
of the industrial board the safety of the occupants of the building
would not be endangered thereby. No point on any floor of such fac
tory shall be more than one hundred feet distant from the entrance to
one such means of exit. Whenever egress may be had from the roof to
an adjoining or near-by structure, every stairway serving as a required
means of exit shall be extended to the roof. All such stairways shall
extend to the first story and lead to the street or to an unobstructed
passageway leading to a street or road or to an open area affording safe
passage to a street or road.
2. All interior stairways serving as required means of exit in build- Stairways,
ings more than five stories in height ana the landings, platforms and
passageways connected therewith shall be inclosed on all sides by par
titions of fire-resisting material extending continuously from the base
ment. Where the stairway extends to the top floor of the building such
partitions shall extend to three feet above the roof. All openings in
such partitions shall be provided with self-closing doors constructed
of fire-resisting material except where such openings are in the ex
terior wall of the building. All such partitions and the doors provided
for the openings therein shall be constructed in such manner as the
industrial board may prescribe by its rules and regulations. The in
dustrial board shall have power to adopt rules and regulations requiring
the inclosure of stairways serving as required exits in buildings of five
stories or less in height or in particular classes of such buildings wher
ever the board finds that because of the conditions existing in such
buildings such requirement is necessary to secure the safety of the lives
of the occupants thereof in case of fire. Whenever in the case of any
existing buildings not over six stories in height, the industrial board
shall find that the requirements of this and the last preceding sub
division relating to stairway inclosures can be dispensed with or modi
fied without endangering the safety of persons employed in such build
ings, the industrial board shall have power to adopt such rules and
regulations, as may, in its opinion, meet the conditions existing in such
buildings, which rules and regulations may make said requirements
inapplicable or modify the same in such manner as it may find to be
adapted to securing the safety of persons employed therein. The indus
trial board shall have power to adopt rules and regulations, permitting,
under conditions therein prescribed, as a substitute for the stairway
inclosures herein required the use of partitions heretofore constructed
in such manner and of such fire-resisting material as have heretofore
been approved by the local authorities exercising supervision over the
construc don and alteration of buildings. In such cases, however, every
opening in the inclosing partitions shall be provided with fire doors.
Sec. 2. Subdivision five of section seventy-nine-b of such chapter is
hereby amended to read as follows: [See chapter 366.]
Became a law April 7,1914.
73734°—-Bull. 166— 15-------12
178
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Ch a p t e r
Cleanliness.
183.—Inspection and regulation of mercantile establishments.
S e c t io n 1 . Section one hundred and sixty-eight of chapter * * *
thirty-one of the Consolidated Laws, * * * is hereby amended to
read as follows:
Section 168. Every room in a mercantile establishment and the floor,
walls, ceilings, windows and every^ other part thereof and all fixtures
therein shall at all times be kept in a clean and sanitary condition.
Floors shall, at all times, be maintained in a safe condition. Suitable
receptacles shall be provided and used for the storage of waste and refuse;
such receptacles shall be maintained in a sanitary condition.
Sec. 2. Such chapter is hereby further amended by adding thereto,
after section one hundred and sixty-eight, six new sections, * * *
to read, respectively, as follows:
Care of build- Section 168-a. Every part of a building in which a mercantile estabings, etc.
lishment is located and of the premises thereof and the yards, courts,
passages, areas or alleys connected with or belonging to the same, shall
be kept free from any accumulation of dirt, filth, rubbish or garbage.
The roof, passages, stairs, halls, basements, cellars, privies, water-closets,
and all other parts of such building and the premises thereof shall at all
times be kept in a clean, sanitary and safe condition. The entire
building and premises shall be well drained and the plumbing, cess
pools and drains thereof at all times kept in proper repair and in a sani
tary condition.
Drinking water.
Section 168-b. In every mercantile establishment there shall be pro
vided at all times for the use of employees a sufficient supply of clean
and pure drinking water. Such water shall be supplied through proper
pipe connections with water mains through which is conveyed the
water used for domestic purposes, or from a spring or well or body of
pure water. If such drinking water be placed in receptacles in the
mercantile establishment, such receptacles shall be properly covered
to prevent contamination and shall be thoroughly cleaned at frequent
intervals.
Wash rooms.
Section 168-c. In every mercantile establishment there shall be pro
vided and maintained for the use of employees adequate and con
venient wash rooms, or washing facilities. Such washing facilities
shall consist of sinks or stationary basins provided with running water
or with tanks holding an adequate supply of clean water and shall be
separate for each sex wherever required by the rules of the industrial
board. Every wash room shall be provided with adequate means of ven
tilation and heating and artificial illumination.
Dressing rooms*
Section 168-d. In every mercantile establishment where more than
five women are employed a sufficient number of dressing rooms con
veniently located shall be provided for their use. Each dressing
room shall be properly ventilated by a window or by suitable ducts
leading to the outer air and shall be inclosed by partitions or walls.
Each dressing room shall be provided with adequate means for artifi
cial illumination, suitable means for hanging clothes and a suitable
number of seats and shall be properly heated and ventilated. Each
dressing room shall be separated from any water-closet compartment
by adequate partitions. Adequate floor space shall be provided in
dressing rooms in proportion to the number of employees. Where
more than ten women are employed such dressing room shall have a
floor space of not less than sixty square feet and shall have at least one
window opening to the outer air.
Water-closets.
Section 168-e. 1. There shall be provided for every mercantile estab
lishment a sufficient number of suitable and convenient water-closets.
All water-closets shall be maintained inside the mercantile establish
ment except where, in the opinion of the commissioner, it is imprac
ticable to do so.
2.
There shall be separate water-closet compartments or toilet rooms
for females, to be used by them exclusively, and notice to that effect
shall be clearly marked at the entrance of such compartments or rooms.
The entrance to every water-closet shall be effectively screened by a
partition or vestibule. Where water-closets for males and females are
m adjoining compartments or toilet rooms, there shall be partitions of
substantial construction between the compartments or rooms extend-
LABOR LEGISLATION OF 1914---- NEW YORK.
179
ing from the floor to the ceiling and such partitions shall be plastered
or metal covered to a sufficient height. Whenever any water-closet com
partments open directly into the workroom, exposing the interior, they
shall be screened from view by a partition or a vestibule. The use of
curtains for screening purposes is prohibited.
3. The use of any form of trough water-closet, latrine or school sink
within any mercantile establishment is prohibited except such fixtures
in existence on the first day of October, nineteen hundred and fourteen,
having a common flushing system and approved by the industrial board
in its rules. All such trough water-closets, latrine or school sinks shall,
before the first day of October, nineteen hundred and fifteen, be com
pletely removed and the place where they were located properly dis
infected under the direction of the department.
4. Every water-closet installed before October first, nineteen hun
dred and fourteen, inside any mercantile establishment shall have a
basin of enameled iron or earthenware, and shall be flushed from a sepa
rate water-supplied cistern or through a proper valve connected in such
manner as to keep the water supply of the establishment free from
contamination.
5. All woodwork inclosing water-closet fixtures shall be removed
from the front of the closet and the space underneath the seat shall be
left open. All water-closet compartments or toilet rooms constructed
before October first, nineteen hundred and fourteen, shall have win
dows opening directly to the outer air or shall be otherwise properly
ventilated to the outer air by suitable ducts, and shall be provided
with means for artificial illumination.
6 . All water-closets, urinals, water-closet compartments and toilet
rooms hereafter installed in a mercantile establishment, including those
provided to replace existing fixtures shall be properly constructed,
installed, ventilated, lighted and maintained in accordance with such
rules as may be adopted by the industrial board.
7. All water-closet compartments and toilet rooms, and the floors,
walls, ceilings and surface thereof, and all fixtures therein, and all
water-closets and urinals shall at all times be maintained in a clean
and sanitary condition. The floor or other surface beneath and around
the closet shall be maintained in good order and repair and all the
woodwork shall be kept well painted with a light colored paint. The
inclosure of each compartment and toilet room shall be kept free from
obscene writing or marking. Where the water supply to water-closets
or urinals is liable to freeze, the water-closet compartment shall be
properly heated so as to prevent freezing, or the supply and flush pipes,
cisterns and traps and valves shall be effectively covered with wool
felt or hair felt, or other adequate covering.
Sec. 168-f. Every mercantile establishment shall be provided with Ventilation,
proper and sufficient means of ventilation by natural or mechanical
means or both, as may be necessary and there shall be maintained therein
proper and sufficient ventilation and proper degrees of temperature
and humidity at all times during working hours. The industrial
board shall make rules for and fix standards of ventilation, temperature
and humidity in mercantile establishments.
Became a law April 7, 1914.
Cha p t er
316.—Compensation of workmen, for injuries.
S ection 1 . Subdivision three of section three of chapter eight hun
dred and sixteen of the laws of nineteen hundred and thirteen, * * *
constituting chapter sixty-seven of the Consolidated Laws, as reenacted
by chapter forty-one of the laws of nineteen hundred and fourteen, is
hereby amended to read as follows:
3.
Employer,” except when otherwise expressly stated, means a Employer,
person, partnership, association, corporation, and the legal representa
tives of a deceased employer, or the receiver or trustee of a person,
partnership, association or corporation, employing workmen in hazard
ous employments including the State and a municipal corporation or state included,
other political subdivision thereof.
180
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Section 11. The liability prescribed by the last preceding section shall
be exclusive, except that if an employer fail to secure the payment of
Exception.
compensation for his injured employees and their dependents as pro
vided in section fifty of this chapter, an injured employee, or his legal
representative in case death results from the injury, may, at his option,
elect to claim compensation under this chapter, or to maintain an action
in the courts for damages on account of such injury; and in such an
action it shall not be necessary to plead or prove freedom from contribu
tory negligence nor may the defendant plead as a defense that the
injury was caused by the negligence of a fellow servant nor that the
employee assumed the risk of his employment, nor that the injury was
due to the contributory negligence of the employee.
Compensation
sec. 16. If the injury causes death, the compensation shall be known
for death.
ag a death benefit and shall be payable in the amount and to or for the
benefit of the persons following:
1 . Reasonable funeral expenses, not exceeding one hundred dollars:
2 . If there be a surviving wife (or dependent husband) and no child
of the deaceased [deceased] under the age of eighteen years, to such
wife (or dependent husband) thirty per centum of the average wages of
the deceased during widowhood (or dependent widowerhood) with
two years’ compensation in one sum, upon remarriage; and if there be
surviving child or children of the deceased under the age of eighteen
years, the additional amount of ten per centum of such wages for each
such child until of the age of eighteen years; in case of the subsequent
death of such surviving wife (or dependent husband) any surviving
child of the deceased employee, at the time under eighteen years of
age, shall have his compensation increased to fifteen per centum of such
wages, and the same shall be payable until he shall reach the age of
eighteen years: Provided, That the total amount payable shall in no
case exceed sixty-six and two-thirds per centum of such wages.
3. If there be curviving child or children of the deceased under the
age of eighteen years, but no surviving wife (or dependent husband)
then for the support of each such child until of the age of eighteen
years, fifteen per centum of the wages of the deceased: Provided, That
the aggregate shall in no case exceed sixty-six and two-thirds per
centum of such wages.
4. If the amount payable to surviving wife (or dependent husband)
and to children under the age of eighteen years shall be less in the aggre
gate than sixty-six and two-thirds per centum of the average wages of
the deceased, then for the support of grandchildren or brothers and
sisters under the age of eighteen years, if dependent upon the deceased
at the time of the accident, fifteen per centum of such wages for the sup
port of each such person until the age of eighteen years; and for the sup
port of each parent, or grandparent, of the deceased if dependent upon
him at the time of the accident, fifteen per centum of such wages during
such dependency. But in no case shall the aggregate amount payable
under this subdivision exceed the difference between sixty-six and
two-thirds per centum of such wages, and the amount payable as here
inbefore provided to surviving wife (or dependent husband) or for the
support of surviving child or children.
Computin g
Any excess of wages over one hundred dollars a month shall not be
wages*
taken into account in computing compensation under this section.
All questions of dependency shall be determined as of the time of the
accident.
Independent
Sec. 30. No benefits, savings or insurance of the injured employee,
benefits.
independent of the provisions of this chapter, shall be considered in
determining the compensation or benefits to be paid under this chapter,
except that, in case of the death of an employee of the State, a municipal
corporation or any other political subdivision of the State, any benefit
payable under a pension system which is not sustained in whole or in
part by the contributions of the employee, may be applied toward the
payment of the death benefit provided by this chapter.
Remedy
sive-
exclu-
Sec. 2. Sections eleven, sixteen and thirty of such chapter are hereby
amended to read, respectively, as follows:
.
Sec. 3. Subdivision three of section fifty of such chapter is hereby
amended to read as follows:
LABOR LEGISLATION OF 1914---- NEW YORK.
181
3. By furnishing satisfactory proof to the commission of his financial Employer may
ability to pay such compensation for himself, in which case the com- ^ifit? 16 responsi'
mission may, in its discretion, require the deposit with the commission
of securities of the kind prescribed in section thirteen of the insurance
law, in an amount to be determined by the commission, to secure his
liability to pay the compensation provided in this chapter.
If an employer fail to comply with this section, he shall be liable to
a penalty [for every day] during which such failure continues of an
amount equal to the pro rata premium which would have been payable
for insurance in the State fund for such period of noncompliance to be
recovered in an action brought by the commission.
The commission may, in its discretion, for good cause shown, remit
any such penalty, provided the employer in default secure compensa
tion as provided in this section.
Became a law April 14, 1914.
Ch a p t e r
318.— Tuberculosis of employees—Reports.
S ection 1. Section three hundred and twenty of chapter * * *
forty-five of the Consolidated Laws, * * * is hereby amended to
read as follows:
Section 320. Tuberculosis is hereby declared to be an infectious and .Disease infeocommunicable disease, dangerous to the public health. * * *
tious.
Any * * * employer * * * may report in writing the name Reports,
and address of any person coming under his observation who appears
to be suffering from tuberculosis to the health officer of the city, town
or village in which such person is, and tl:e health officer shall there
upon take such steps as may be prescribed by the sanitary code:
Provided, The person making such report signs his own name and
address thereon.
Became a law April 14, 1914.
Ch a p t e r
320.—Benefit funds in mercantile establishments—Contribu
tions by employees.
S ection 1. Article one of chapter * * * thirty-one of the Con
solidated Laws, is hereby amended by adding thereto a new section, to
be section twenty-four, to read as follows:
Section 24. A corporation engaged in the business of operating a mer- D e d u c t i o n s
cantile establishment shall not by deduction from salary, compensation ^ J e^ miIlgs for'
or wages, by direct payment or otherwise, compel any employee in such
mercantile establishment to contribute to a benefit or insurance fund
maintained or managed for the employees of such establishment by
such corporation, or by any other corporation or person; and every
contract or agreement whereby such contribution is exacted shall
be absolutely void. A corporation which will violate this section
shall be liable to a penalty of one hundred dollars, recoverable by the
person aggrieved in any court of competent jurisdiction. A director,
officer or agent of a corporation who compels any employee to make a
contribution in violation of this section, or sign any contract or agree
ment to make such contribution, or imposes or requires such a con
tribution as a condition of entering into or continuing in the employ
ment of a mercantile establishment, shall be guilty of a misdemeanor.
Became a law April 14, 1914.
Ch a p t e r
331.—Employment of women and children—Mercantile estab
lishments.
S ection 1. Section one hundred and sixty-one of chapter * * *
thirty-one of the Consolidated Laws, as amended * * * is hereby
further amended to read as follows:
Section 161. 1. No child under the age of sixteen years shall be employed, permitted or suffered to work in or in connection with any mer
cantile establishment, business office, telegraph office, restaurant,
hotel, apartment house, theater or other place of amusement, bowling
Hours of labor,
182
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
alley, barber shop, shoe-polishing establishment, or in the distribution
or transmission of merchandise, articles or messages, or in the distribu
tion or sale of articles more than six days or forty-eight hours in any one
week, or more than eight hours in any one day, or before eight o’clock
Nightwork.
in the morning or after six o ’clock in the evening of any day. The fore
going provision shall not apply to any employment prohibited or regu
lated t>y section four hundred and eighty-five of the penal law.
Female employ2. No female employee over the age of sixteen years shall be required,
ees*
permitted or suffered to work in or in connection with any mercantile
establishment more than six days or fifty-four hours in any one week,
or more than nine hours in any one day, unless for the purpose of making
a shorter work day of some one day of the week; or before seven o’clock
Nightwork.
in the morning or after ten o’clock in the evening of any day. This
Week
before section does not apply to the employment of persons sixteen years of age
Christmas.
or upward between the eighteenth day of December and the following
twenty-fourth day of December, both inclusive.
Time for meals.
3. Not less than forty-five minutes shall be allowed for the noonday
meal of the employees of any establishment specified in subdivision
one hereof, unless the commissioner of labor shall permit a shorter time.
Such permit shall be kept conspicuously posted in the main entrance
of the establishment, but it may be revoked at any time. Whenever
any employee is employed or permitted to work after seven o’clock in
the evening, such employee shall be allowed at least twenty minutes
to obtain lunch or supper between five and seven o’clock in the evening.
Became a law April 14, 1914.
Ch apter
333.—Mercantile inspector.
S ection 1. Section fifty-eight of chapter * * * thirty-one of the
Consolidated Laws, as added by chapter one hundred and forty-five of
the laws of nineteen hundred and thirteen, is hereby amended to read
as follows:
Chief inspector.
Section 58. The division of mercantile inspection shall be under the
immediate charge of the chief mercantile inspector, but subject to the
direction and supervision of the commissioner of labor. The chief
mercantile inspector shall be appointed and be at pleasure removed
Salary.
by the commissioner of labor, ana shall receive an annual salary not to
exceed four thousand dollars.
Became a law April 14, 1914.
Ch a p t e r
360.— Wages as preferred claims.
Sec. 8 . Sections * * * twenty-seven of such chapter are hereby
renumbered respectively sections * * * twenty-two and amended
to read as follows:
Wages for three
Section 22. In all distribution of assets under all assignments made
months.
in pursuance of this article, the wages or salaries actually owing to the
employees of the assignor or assignors at the time of the execution of
the assignment for services rendered within three months prior to the
execution of the assignment, not exceeding three hundred dollars to
each employee, shall be preferred before any other debt; and should
the assets of the assignor or assignors not be sufficient to pay in full all
the claims preferred, pursuant to this section, they shall be applied to
the payment of the same pro rata to the amount of each such claim.
Became a law April 15, 1914.
Ch a p t e r
366.—Inspection and regulation of factories and workshops.
S ection 1. Subdivision one of section seventy-nine of chapter
* * * thirty-one of the Consolidated Laws * * * is hereby
amended to read as follows:
Elevator, etc.,
Section 79. 1. Every hoistway, hatchway or wellhole used for carryclosed.
m"
passengers or employees, or for freight elevators, hoisting or other
purpose, shall be protected on all sides at each floor including the
basement, by substantial vertical inclosures. All openings in such
LABOR LEGISLATION OF 1914---- N E W YORK.
183
inclosures shall be provided with self-closing gates of suitable height,
or with properly constructed sliding doors. In the case of elevators
used for carrying passengers or employees, such inclosure shall be
flush with the hatchway, and shall extend from floor to ceiling on
every open side of the car, and on every other side shall be at least
six feet high, and such inclosures shall be free from fixed obstructions
on every open side of the car. In the case of freight elevators the
inclosures shall be flush with the hoistway on every open side of the
car. In place of the inclosures herein required for freight elevators,
every hatchway used for freight elevator purposes may be provided
with trapdoors so constructed as to form a substantial floor surface when
closed and so arranged as to open and close by the action of the car in
its passage both ascending and descending: Provided, That in addition
to such trapdoors, the hatchway shall be adequately protected on all
sides at all floors, including the basement, by a substantial railing or
other vertical inclosure at least three feet in height.
Sec . 2. Subdivisions four and five of section seventy-nine-b of such
chapter, as added by chapter four hundred and sixty-one of the laws
of nineteen hundred and thirteen, are hereby amended to read, respec
tively, as follows:
4.
All outside fire escapes shall be constructed of wrought iron or
steel and shall be so designed, constructed and erected as to safely
sustain on all platforms, balconies and stairways a live load of not
less than ninety pounds per square foot with a factor of safety of four.
Wherever practicable, a continuous-run or straight-run stairway shall
be used. On every floor above the first there shall be balconies or
landings embracing one or more easily accessible and unobstructed
openings at each floor level, connected with each other and with the
ground by means of a stairway constructed as hereinafter provided
and well fastened and secured. All openings leading to outside fire
escapes shall have an unobstructed width of at least two feet and an
unobstructed height of at least six feet. Such openings shall extend
to the floor level or within six inches thereof, shall be not more than
seven inches above the floor of the fire-escape balcony, shall have
metal frames or frames covered with metal and be provided with doors
constructed of fireproof material and with wired glass where glass is
used, except in cases where fire escapes are hereafter erected on build
ings constructed prior to October first, nineteen hundred and thirteen,
of five stories or under in height, in which cases the provisions of sub
division five as to the use of steps to connect with the fire escapes and
as to the constructioir of openings leading to fire escapes shall apply.
All windows opening upon the course of the fire escape shall be fire
proof windows. The balconies shall have an unobstructed width of
at least four feet throughout their length and shall have a landing not
less than twenty-four inches square at the head of every stairway.
There shall be a passageway between the stairway opening and the
side of the building at least eighteen inches wide throughout except
where the stairways reach and leave the balconies at the ends or where
double-run stairways are used. The stairway opening of the balconies
shall be of a size sufficient to provide clear headway and shall be
uarded on the long side by an iron railing not less than three feet in
eight. Each balcony shall be surrounded by an iron railing not less
than three feet in height, thoroughly and properly braced. The balco
nies shall be connected by stairways not less than twenty-two inches
wide, placed at an incline of not more than forty-five degrees, with
steps of not less than eight-inch tread and not over eight-inch rise and
provided with a handrail not less than three feet in height. The
treads of such stairways shall be so constructed as to sustain a live load
of four hundred pounds per step with a factor of safety of four. There
shall be a similar stairway from the top-floor balcony to the roof, except
where the fire escape is erected on the front of the building. A similar
stairway shall also be provided from the lowest balcony to a safe land
ing place beneath, which stairway shall remain down permanently or
be arranged to swing up and down automatically by counterbalancing
weights. When not erected on the front of the building, safe ana
unobstructed egress shall be provided from the foot of the fire escape
by means of an open court or courts or a fireproof passageway having
g
Construction
escapes,
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BULLETIN OP THE BUREAU OF LABOR STATISTICS.
an unobstructed width of at least three feet throughout leading to the
street, or by means of an open area having communication with the
street; such fireproof passageway shall be adequately lighted at all
times and the lights shall be so arranged as to insure their reliable
operation when through accident or other cause the regular factory
lighting is extinguished.
Existing fire es- 5 . The provisions of subdivision four shall not apply where at the
capes*
time this act takes effect there are outside fire escapes with balconies
on each floor of the building connected with stairways placed at an
angle of not more than sixty degrees: Provided, That such existing out
side fire escapes have or shall be provided with the following:
A stairway leading from the top floor balcony to the roof, except
where the fire escapes are erected on the front of the building; a stair
way not less than twenty-two inches wide from the lowest balcony to
a safe landing place beneath, which stairway remains down perma
nently or is arranged to swing up and down by counterbalancing
weights; a safe and unobstructed exit to the street from the foot of
such fire escapes as provided in subdivision four hereof; steps con
necting the sill of every opening leading to the fire escapes with the
floor wherever such sill is more than three feet above the floor level;
and all openings leading to the fire escapes provided with windows
having metal frames and sash or frames and sash covered with metal
and with wired glass where glass is used, or with doors constructed in
accordance with the requirements of subdivision four; and all windows
opening upon the course of the fire escapes provided with fireproof
windows.
Sec. 3. Subdivision seven of section seventy-nine-f of such chapter,
as added by chapter four hundred and sixty-one of the laws of nineteen
hundred and thirteen, is hereby amended to read as follows:
Fireproof win7 . Fireproof windows shall be windows constructed of metal frames
dows.
and sash or frames and sash covered with metal and provided with
wired glass and of the automatic, self-closing type.
Sec. 4. Subdivision one of section eighty-six of such chapter, as
amended by chapter one hundred and ninety-six of the laws of nineteen
hundred and thirteen, is hereby amended to read as follows:
1. The person operating every factory shall provide, in each workroom
thereof, proper and sufficient means of ventilation by natural or me
chanical means, or both, as may be necessary, and shall maintain proper
Temperature. and sufficient ventilation and proper degrees of temperature and hu
midity in every workroom thereof at all times during working hours.
S ec . 5. Subdivision three of section eighty-eight of such chapter
* * * is hereby amended to read as follows:
Dressing, etc..
3 . Where females are employed the person operating the factory shall
Doms.
provide dressing or emergency rooms for their use; each such room
shall have at least one window opening to the outer air and shall be
inclosed by means of solid partitions or walls. In every factory in
which more than ten women are employed there shall be provided one
or more separate dressing rooms in such numbers as required by the rules
and regulations of the industrial board and located in such place or
places as required by such rules and regulations, having an adequate
floor space in proportion to the number of employees, to be fixed by
the rules and regulations of the industrial board, but the floor space of
every such dressing room shall in no event be less than sixty square
feet; each dressing room shall be separated from any water-closet com
partment by adequate partitions and shall be provided with adequate
means for artificial illumination; each dressing room shall be provided
with suitable means for hanging clothes and with a suitable number
of seats. All dressing rooms shall be inclosed by means of solid par
titions or walls, and shall be constructed, heated, ventilated, lighted,
and maintained in accordance with such rules and regulations as may
be adopted by the industrial board with reference thereto.
Ventilation.
Sec. 6. Subdivision four of section eighty-eight-a of such chapter, as
added by chapter three hundred and forty of the laws of nineteen hun
dred and thirteen, is hereby amended to read as follows:
Water-closets.
4 . Every existing water-closet and urinal inside any factory shall
have a basin of enameled iron or earthenware, and shall be flushed from
a separate water-supplied cistern or through a flushometer valve con
LABOR LEGISLATION OF 1914---- N E W YORK.
185
nected in such manner as to keep the water supply of the factory free
from contamination. All woodwork inclosing water-closet fixtures
shall be removed from the front of the closet and the space underneath
the seat shall be left open. The floor or other surface beneath and
around the closet shall be maintained in good order and repair and all
the woodwork shall be kept well painted with a light color paint. All
existing water-closet compartments shall have windows or suitable
ducts leading to the outer air and shall be otherwise ventilated in ac
cordance with rules and regulations adopted for that purpose by the
industrial board. ^Such compartments shall be provided with means
for artificial illumination and the inclosure of each compartment shall
be kept free from all obscene writing or marking.
Became a law April 14, 1914.
Ch a p t e r
388.— Weekly day of rest—Exemptions.1
S ection 1 . Subdivision two of section eight-a of chapter * * *
thirty-one of the Consolidated Laws, as added by chapter seven hundred
and forty of the laws of nineteen hundred and thirteen [requiring a
weekly day of rest], is hereby amended by adding at the end thereof
and as a part thereof a new subdivision to read as follows:
(f) Employees in dairies, creameries, milk condensaries, milk powder Pe r s o n s ex
factories, milk sugar factories, milk shipping stations, butter and cheese emPtfactories, ice-cream manufacturing plants and milk bottling plants,
where not more than seven persons are employed.
Became a law April 16, 1914.
Ch a p t e r
396.— Weekly day of rest—Exemptions.2
S ection 1. Subdivision two of section eight-a of chapter * * *
thirty-one of the Consolidated Laws, as added by chapter seven hun
dred and forty of the laws of nineteen hundred and thn-teen [requiring
a weekly day of rest], is hereby amended to read as follows:
2. This section shall not apply to
Pe r s o n s ex(a) Janitors;
empt*
(b) Watchmen;
(c) Employees whose duties include not more than three hours’
work on Sunday in ( 1 ) setting sponges in bakeries; (2 ) caring for live
animals; (3) maintaining fires; (4) necessary repairs to boilers or
machinery;
(d) Superintendents or foremen in charge.
(e) Employees, if the commissioner of labor in his discretion ap
proves, engaged in the work of any industrial or manufacturing proc
ess necessarily continuous, in which no employee is permitted to work
more than eight hours in any calendar day.
Became a law, April 16, 1914.
Ch a p t e r
459.—Inspection and regulation of factories, etc.—Fire drills—
New York City.
S e c t io n 2. The Greater New York charter, as reenacted by chapter
four hundred and sixty-six of the laws of nineteen hundred and one
is hereby amended by adding thereto a new section numbered seven
hundred and seventy-five-a thereof to read as follows:
Section 775-a. The fire commissioner, in cases where provision is not Authority of
otherwise made by law or ordinance, is empowered in his discretion ^oner.C° mmiS'
to require and compel the regular and periodical performance of a fire
drill, including instruction and practice in the use of means of exit,
alarm systems and fire prevention or extinguishing methods and equip
ment, in all buildings, structures, inclosures, vessels, places and prem
ises where numbers of persons work, live or congregate in the city of
New York except tenement houses.
Became a law April 2 0 , 1914.
1See chapter 396.
2See chapter 388.
186
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
C hapter
466.—American Museum of Safety.
Section 1 . The Greater New York charter, as reenacted by chapter
four hundred and sixty-six of the laws of nineteen hundred and one,
is hereby amended by inserting therein a new section, to be section
two hundred and forty-four-a thereof, to read as follows:
Appropriation
Section 244-a. The board of estimate and apportionment shall have
authorized.
power in its discretion to annually include in its final estimate, such
sum as it may deem proper, not exceeding fifty thousand dollars, for
the keeping, preservation and exhibition of safety devices and means
and methods of safety and sanitation in the building or any part
thereof in the city of New York now or hereafter occupied by the
American Museum of Safety, upon condition that the collection of
Exhibit to be safety devices and the means and methods of sanitation exhibited in
free.
Said building occupied or to be occupied by the American Museum
of Safety, shall be kept open and accessible to the public hereafter
free of all charge throughout the year, five days in each week, one of
which shall be Sunday afternoon, and also for two evenings in each
week, within such hours and subject to such rules and regulations as
may be determined by the trustees of said museum; and also that on
the two days in each week during which said museum may remain
closed to the general public it shall be open and accessible to students,
schools and societies organized for the purpose of promoting means and
methods of safety and sanitation within such hours and subject to such
rules and regulations as may be determined by the trustees of said
museum; and also that the trustees of said American Museum of
Safety shall, between the months of October and July in each year,
publish and distribute among such schools of the State of New York
as may be designated by the commissioner of education and the com
missioner of labor, manuals of safety and hygiene and reading lectures
Manua l s of on accident prevention and industrial hygiene ior instruction as to
safety.
the ways and means of preventing accideate and as to industrial home
and school hygiene.
Became a law April 20, 1914.
Ch a p t e r
512.—Inspection and regulation of factories, etc.
The paragraph defining a factory of section two of chapter
* * * thirty-one of tne Consolidated Laws, * * * is hereby
amended to read as follows:
The term “ factory, ” when used in this chapter, shall be construed
to include any mill, workshop, or other manufacturing or business
establishment and all buildings, sheds, structures or other places used
for or in connection therewith, where one or more persons are employed
at labor, except power houses, generating plants, bams, storage houses,
sheds, and other structures owned or operated by a public-service cor
poration, other than construction or repair shops, subject to the jurisdic
tion of the public service commission under the public service com
missions law. Work shall be deemed to be done for a factory within
the meaning of this chapter whenever it is done at any place, upon the
work of a factory or upon any of the materials entering into the product
of the factory, whether under contract or arrangement with any person
in charge of or connected with such factory directly or indirectly
through the instrumentality of one or more contractors or other third
persons.
Became a law April 23, 1914.
S e c t io n 1.
Definitions.
Ch a p t e r
514.—Hours of labor, etc., of drug clerks.
S ection 1 . Section two hundred and thirty-six of chapter * * *
forty-five of the Consolidated Laws, as amended * * * is hereby
further amended to read as follows:
work time reg- Section 236. No apprentice or employee in any pharmacy or drug store
ulated.
shall be required or permitted to work more than seventy hours a week.
Nothing in this section prohibits working six hours overtime any week
LABOR LEGISLATION OF 1914---- N E W YORK.
187
for the purpose of making a shorter succeeding week: Provided, how
ever, That the aggregate number of hours in any such two weeks shall
not exceed one hundred and thirty-two hours. The hours shall be so
arranged that an employee shall be entitled to and shall receive at
least one afternoon and evening off in each week and in addition thereto Days off.
shall receive one full day off in two consecutive weeks. No proprietor
of any pharmacy or drug store shall require any clerk to sleep in any Sleeping rooms.
room or apartment in or connected with such store that does not com
ply with the sanitary regulations of the local board of health. The
provisions of this section alone regulate working hours and sleeping
apartments in pharmacies or drug stores.
Became a law April 23, 1914.
Ch a p t er
518.— Wage brokers—Assignment of wages.
S ection 1. In addition to the three deputies now authorized by law, SuDervisor
. ____ of
—
the superintendent of banks shall appoint a fourth deputy, to be Personal loans,
known as supervisor of personal loans. His salary shall be five thousand
dollars per annum.
S e c . 3. The supervisor, subject to the general direction and control Duties,
of the superintendent, shall exercise the powers conferred and perform
the duties imposed upon him by this act. He shall, from time to time,
prescribe rules and regulations with regard to the conduct of the busi
ness of personal loan companies and personal loan brokers. He shall
annually, on or before the first Wednesday of January, transmit to the
superintendent a report to the legislature of his activities, with such
recommendations and suggestions as he may deem necessary.
S e c. 4. Three or more persons, two of whom shall be citizens of the Loan compaUnited States, and at least one of whom shall be a citizen of the State of nies*
New York, may form a corporation to be known as a “ personal loan
company.” Such persons shall subscribe, acknowledge and submit
to the supervisor at his office an organization certificate in duplicate,
which shall specifically state:
1 . The name of the corporation which shall include the words “ per
sonal loan company” ;
2. The place where its business is to be transacted;
3. The amount of its capital stock, which shall not be less than
ten thousand dollars, if the place where its business is to be transacted
is in a city of the first or second class, nor less than five thousand dollars
if the place where its business is to be transacted is in a city of the third
class or a village or town;
4. The number of shares into which its capital stock is to be divided;
5. The full name, residence and post-office address of the incorpora
tors and the number of shares subscribed for by each;
6 . The term of its corporate existence, which may be perpetual;
7. The number of directors of the corporation, which shall not be
less than three, and the names and post-office addresses of the directors
until its first annual meeting.
S ec . 5. A person or persons desiring to transact business as personal Brokers,
loan broker shall make, sign, acknowledge and file in the office of the
supervisor a certificate which shall state:
1 . The full name, residence and post-office address of such person,
or of each member of a partnership or incorporated association;
2 . The State of which each person named in the certificate is a
citizen;
3. The amount of permanent capital which such person, partnership
or unincorporated association will deposit in cash and keep perma
nently invested in such business, which shall not be less than ten thou
sand dollars, if such business is to be transacted in a city of the first or
second class, nor less than five thousand dollars if such business is to be
transacted in a city of the third class, or a village or town;
4. The particular city, town or village in which such business is to be
transacted and the location by street and number of the office or place
of business therein.
S ec . 6 . A person who is not a resident of this State, or a partnership Resident agents,
or unincorporated association, at least one member of which is not a
resident of the State, shall not receive an authorization to 'transact
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BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
business under this act unless such person, partnership or association
shall file with the supervisor of personal loans, in a form approved by
him, a designation of a resident agent within the State, upon whom all
legal process may be served, in any proceeding arising under the pro
visions of this act, with the same effect as if served upon such person,
partnership or incorporated association. Every such designation shall
state the full name of the private and office or business address of the
agent.
When business
Sec. 9. When the supervisor shall have approved the organization
may commence, certificate of a personal loan company, its corporate existence shall
begin, and it shall have power to elect officers and transact such busi
ness as relates to its organization. It shall transact no other business
until
1 . Not less than one-fifth of its capital stock, and not less in any
Bonds.
Certificate.
Certificate to be
posted.
Revocation.
event than the minimum amount of capital stock required by sec
tion four of this act shall have been fully paid in in cash, and an affi
davit stating that it has been so paid, subscribed and sworn to by the
two principal officers shall have peen filed in the clerk’s office of the
county in which its place of business is located, and a certified copy
thereof filed in the office of the supervisor;
2. The bond submitted by it to the supervisor as required by this act
shall have been approved by him;
3. The supervisor shall nave duly issued to it the authorization
certificate specified in this act.
S e c . 10. Every personal loan company and personal loan broker shall
file with the supervisor a bond executed by a surety company author
ized to transact business in this State, and in an amount equal to onetenth of the capital stock of such company, or one-tenth the permanent
capital of such broker, not less in any case than three thousand dollars,
conditioned upon the faithful observance by such company or broker of
the provisions of law and of this act and of the regulations made here
under. Such bond shall be approved by the supervisor, and by its
terms continue in full force for two years after such company or broker
has ceased to transact business in this State, unless sooner released by
the supervisor. Any person claiming to be injured by a violation of
this act by a personal loan company or broker may, with the written
consent of the supervisor, maintain an action upon the bond of such
company or broker.
Sec. 11. If the supervisor be satisfied from examination and inves
tigation made by him that a company or personal loan broker whose
certificate he has approved and filed has complied with all the condi
tions precedent to commencing business imposed by this act, he shall,
within sixty days after the filing of such certificate for examination, but
in no case after the expiration of such period, issue under hi3 hand and
official seal in triplicate,-an authorization certificate, stating that the
company or personal loan broker named in such certificate has complied
with the provisions of this act, and is authorized to transact the
business specified in such certificate.
S e c . 12. Every authorization certificate shall be kept posted at all
times in a prominent place in the office of the personal loan company or
broker.
S e c . 13. If the supervisor be satisfied that a personal loan company
or personal loan broker to which he shall have issued an authorization
certificate is violating any of the provisions of this act, or any of the
regulations made hereunder, or is conducting its business in an unau
thorized or unsafe manner, or is in an unsound or unsafe condition to
transact its business, the supervisor may, over his official signature and
seal of office, notify the holder thereof that the same is revoked. Such
notice shall be executed in triplicate, and the supervisor shall forthwith
transmit one copy to the holder of such certificate, file one in his office,
and file the third in the office of the clerk of the county in which such
authorization certificate shall have been filed. The supervisor may,
in his discretion, publish a copy of such notice, with such other facts
as he may deem proper, for six successive days in the paper published
at Albany in which public notices of the State are required to be
published.
LABOR LEGISLATION OF 1914---- NEW YORK.
189
Sec. 14. Every personal loan company shall have the powers con Powers of loan
ferred by the general corporation law and the business corporations company, etc.
law, including the powers to make loans in its discretion at the legal
rate of interest, and every such company and every personal loan
broker, subject to the limitations contained in this act, may, when
authorized by the supervisor,
1. Act as a pawnbroker without being required to obtain a license or
file a bond other than the authorization certificate and bond required
by this act;
2. Make small loans to necessitous borrowers upon any of the follow
ing securities:
(a) Mortgages upon personal property without the actual delivery of
the property,
(b) Notes of the borrower indorsed or guaranteed by another person,
(c) An assignment or order for the payment of salary or wages by the
borrower or another person subject to the provisions of this act.
3. Charge interest upon loans made in accordance with the provisions
of subdivisions one and two of this sec tion, subject to the conditions and
limitations of this act.
S e c . 15. Every personal loan company and personal loan broker shall
be subject to the following restrictions upon the making of loans and on
charges for interest and services in connection therewith:
1. No loan made under subdivisions one and two of section fourteen Amount of loan. .
of this act shall exceed two hundred dollars, nor shall any person owe
such company or loan broker more than two hundred dollars for prin
cipal at any one time;
2. Interest on loans made as a pawnbroker shall not exceed three per Interest.
centum per month, and no charge of any kind shall be made by such
company or broker when acting as a pawnbroker;
3. Interest on loans made as provided in subdivision two of section
fourteen of this act shall not be charged at a rate to exceed two per
centum per month;
4. Interest shall not be charged or collected in advance and shall be
computed only on unpaid balances;
5. For a loan exceeding fifty dollars there may be made, except in Charges.
case of loan made aspawnbroker, a charge of not more than two dollars
for examination or investigation of the property mortgaged or investiga
tion of the character and circumstances of the borrower, indorser or
surety, and for all other expenses including the drawing and filing of
necessary papers. If the loan be fifty dollars or less such charge shall
not be more than one dollar. No such charge shall be made on any loan
or renewal thereof oftener than one a in each period of twelve months.
6 . No such charge shall be imposed upon any one borrower for any
new or additional loan made within three months after any such charge
has been imposed.
7 . No charge whatsoever shall be made unless or until a loan shall
have been made as a result of an examination.
8 . No charge shall be made for the collection of debts except the legal
costs in actions to enforce the security or upon the entry of judgment.
S ec . 16. Every personal loan company and personal loan broker shall: Regulations.
1 . Upon repayment of the loan in full, mark indelibly in the presence
of the borrower every paper signed by him with the word “ paid” or
“ canceled” and discharge any mortgages, restore any pledges, return
any notes, and cancel any assignments given by the borrower as security.
2. Furnish the borrower at the time the loan is made a statement in
the English language showing in clear and distinct terms the amount of
the loan, the date of the loan, the security of the loan, the person to
whom the loan is made, the name of the lender and the amount and
rate of interest ch arged. Upon such statement there shall b e printed in
English a copy of section fifteen of this act;
3. Give to the borrower a plain and complete receipt for all payments
made on account of the loan at the time such payments are made, and
shall not take any confession of judgment, any power of attorney or any
instrument that does not state the actual amount of the loan in question,
the time for which it is made and the rate of interest, or any instrument
in which blanks are left to be filled after execution;
190
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
4 . Take every mortgage, note, assignment, agreement or contract in
connection with such business in the name of the company or in the
name of the individual broker, with the addition in the case of such
individual of the descriptive words “ personal loan broker."
Assignments of
S ec . 17. An assignment or order for the payment of future salary or
wages.
wages given as security for a loan shall be valid for a period not exceed
ing one year from the making of such assignment or order, and a sum
not exceeding ten per centum of the borrower’s salary or wages shall be
collectible therefrom under such an assignment or order at the time of
each payment of salary or wages, if the amount of the loan shall not have
been paid. Such assignment or order shall not be subject to the provi
sions of section forty-two of the personal property law. If such assign
ment or order be made by a married man or woman living at the time
the assignment or order is made, or at any time within five months prior
thereto, with the wife or husband, as the case may be, the assignment
or order shall be accompanied by the written assent of the wife or the
husband of the assignor or the assignment or order shall be invalid.
Offices.
Sec. 18. A personal loan company or personal loan broker shall not
1 . Transact or solicit business under any other name or at any other
office or place than that designated in the authorization certificate
issued to such company or broker, except as provided in section nine
teen of this act.
2. Maintain an office or place of business in the same room in which
any other business is transacted or in a room connected with or opening
into a room in which any other business is conducted.
Branch offices.
S ec . 19. A personal loan broker shall not establish any branch office
or offices. A personal loan company located and doing business in a
city of the first or second class may open and occupy one or more branch
offices, upon obtaining the approval of the supervisor by certificate filed
in his office and in the office of the county clerk of the county in which
the certificate of authorization of such company is filed. Every such
company shall have a capital of ten thousand dollars for every branch
office established, in addition to the capital required by this act.
s t o c k di vi S e c . 20. Every personal loan company may pay a dividend on its
dends.
capital stock, subject to the following conditions and limitations:
1. In determining net profits no more than a reasonable deduction
shall be made for expenses, including salaries;
Profits.
2. The total dividends declared in any one year shall not amount to
more than twelve per centum of the capital;
3. If the net profits amount to more than twelve per centum of its
capital^ such personal loan company shall comply with any order of the
supervisor reducing the rates of interest or charges which may be made
by it.
S ec . 21. A personal loan broker shall not in any year pay or take out
of his business profits amounting to more than twelve per centum of the
capital invested in the business: Provided, That a reasonable deduction
may be made for expenses and salaries, including his own sendees.
The supervisor, upon ascertaining that any such broker has during the
previous calendar year, made a net profit amounting to more than twelve
per centum of his capital, shall have authority, after ten days’ notice to
such broker, to make an order reducing the interest and charges which
such broker may lawfully make to such an extent as will, in his judg
ment, yield a net annual profit of not more than twelve per centum of
the capital.
Sec. 23. The supervisor shall, either personally or by examiners of
the banking department, examine every personal loan company and
broker at least once each year, and oftener if deemed necessary or
expedient. * * *
Became a law April 18, 1914.
OHIO.
ACTS OF SPECIAL SESSION, 1914.
Employment of children—School attendance.
(Page 129.)
S ection 1
. Section
7766 of the General Code [shall] be amended
to read as follows:
Section 7766. An age and schooling certificate shall be approved only Certificates.
by the superintendent of schools, or by a person authorized by him,
or, in case of vacancy in the office of superintendent, by the clerk of
the board of education, upon satisfactory proof that such child, if a
male, is over fifteen years of age or, if a female, is over sixteen years
of age and that such child has been examined and passed a satisfactory
sixth-grade test, if a male, a seventh-grade test, if a female, in the
studies enumerated in section seventy-seven hundred and sixty-two:
Provided, That residents of other States who work in Ohio must qualify
as aforesaid with the proper school authority in the school district in
which the establishment is located, as a condition of employment or
service, and that the employment contemplated by the child is not
prohibited by any law regulating the employment of such children.
Every such age and schooling certificate shall be signed in the presence
of the officer issuing the same by the child in whose name it is issued.
In order to ascertain whether applicants for such certificates have Examiners.
satisfactorily completed the studies herein prescribed as a condition
for the issuance of said certificates the board of education of each city
school district may appoint a juvenile examiner who shall receive such
compensation as may be fixed by the board of education. No such
child residing in a city shall be granted such certificate unless such
juvenile examiner shall have previously certified that he has examined
such child and that he has passed to his satisfaction the grade test as
provided by this section: Providedfurther, That if a child in the opin
ion of said juvenile examiner is below the normal in mental develop
ment so that he can not with due industry pass such test2 and if the
school record shows that such child is below the normal m develop
ment, such fact may be certified to by said examiner, and the super
intendent or person authorized by him may at his discretion grant such
child such age and schooling certificate: Provided; That if said ex
aminer is satisfied that the standard of any school is sufficiently high,
he may accept the records thereof as showing that such child has passed
such test without further examination.
The age and schooling certificate must be formulated by the super Forms.
intendent of public instruction, and furnished in blank by the clerk
of the board of education. It shall show the date of its issue. A record
giving all the facts contained on every certificate issued shall be kept
on file in the office issuing the same, and also a record of the names
and addresses of the children to whom certificates have been refused,
together with the names of the schools which such children should
attend and the reasons for refusal.
The superintendent of schools or other persons authorized to issue List.
employment certificates shall transmit between the first and tenth
days of each month, to the office of the industrial commission, upon
blanks to be furnished by it, a list of the names of the children to whom
certificates have been issued, returned or refused. Such lists shall
give the name and address of the prospective employer and the nature
of the occupation the child intends to engage in.
Any child between fifteen and sixteen years of age, who shall cease Ceasing work.
to work for any cause whatever, shall report the fact and cause at once
to the superintendent of schools; or to a person authorized by him or,
191
192
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
in case there is a vacancy in the office of superintendent, to the clerk
of the board of education ; said child shall be required to return to school
within two weeks, provided other employment is not secured within
such time: Provided, That should a child in the opinion of the super
intendent or person acting in his stead, lose his employment by reason
of persistent, willful misconduct or continuous inconstancy, he may
be placed in school until the close of the current school year.
Evidence.
The superintendent of schools or the person authorized by him to
issue age and schooling certificates, shall not issue such certificates
until he has received, examined, approved and filed the following
papers duly executed:
( 1 ) The written pledge or promise of the person, partnership, or
corporation to legally employ the child, also the written agreement to
return to the superintendent of schools or to the person authorized by
him to issue such certificates, the age and schooling certificate of the
child within two days from the date of the child’s withdrawal or dis
missal from the service of the person, partnership, or corporation,
giving the reason for such withdrawal or dismissal.
(2 ) The school record of such child, properly filled out and signed
by the principal or other person in charge of the school which such child
last attended, giving the name, age, address, standing in studies
enumerated in section seven thousand seven hundred and sixty-two,
and the number of weeks attendance in school during the school year
previous to applying for such school record, and general conduct.
(3) As evidence of age (a) a passport or duly attested transcript of a
passport, filed with the register [registrar] of passports or other officer
charged with the duty of registering passports at the several ports
of entry to the United States; or duly attested transcript of the certifi
cate of birth or baptism or other religious record, showing the date and
place of birth of such child; or (b) a duly attested transcript of the birth
certificate filed according to law with a registrar of vital statistics, or
other officer charged with the duty of recording births, shall be con
clusive evidence of the age of the child, (c) In case none of the above
proofs of age can be produced, other documentary evidence of age
which shall appear to be satisfactory to the officer issuing the certifi
cate (aside from the school record of such child or the affidavit of
parent, guardian or custodian), may be accepted in lieu thereof.
In such case a school census or enumeration record, duly attested,
may be used as proof of age in the discretion of the officer issuing
the certificate, (d) In caseno documentary proof of age of any kind
can be procured, the officer issuing the certificate may receive and file
an application signed by the parent, guardian or custodian of the child
for a physician’s certificate. Such application shall contain the
name, alleged age, place and date of birth, and present residence of the
child, together with such further facts as may be of assistance in deter
mining the age of such child, and shall contain a statement certifying
that the parent, guardian or custodian signing such application is
unable to produce any of the documentary proofs of age-specified in the
preceding subdivisions of this section. If the superintendent or officer
authorized by him to issue such certificate, is satisfied that a reasonable
effort to procure such documentary proof has been made, the certifi
cate of the school physician, or, if there be none, of a physician em
ployed for the purpose by the board of education that such physician
has made a physical examination of such child and is satisfied that he is
more than fifteen years of age, if a male or that she is more than sixteen
years of age, if a female, shall be accepted as sufficient proof of the age
of such cmld for the purpose of this act.
Medical certifi(4 ) A certificate from the school physician or if there should be
none, of the board of health, and if there be no board of health, within
the school district in question, from a licensed physician appointed by
the board of education showing that the child is physically fit to be
employed in any of the occupations permitted by law for a child
between fifteen and sixteen years of age: Provided, That if the records
of the school physician show such child to have been previously sound
in health, no further physician’s certificate need be required, but the
officer authorized to issue such certificate may at his discretion require
such physician’s certificate in any case, as a condition to the issuing
of an age and schooling certificate.
193
LABOR LEGISLATION OP 1914— OHIO.
The superintendent or person authorized by him may issue special
vacation certificates to boys under sixteen years of age and girls under
eighteen years of age, which shall entitle the holders thereof to be
employed during vacation in occupations not forbidden by law to such
children even though such child may not have completed the sixth
grade, but provided he has complied with all the other requirements
for obtaining the certificate hereinbefore described.
Approved February 17, 1914.
Vacation
cer-
es‘
Mine regulations—Shooting coal.
(Page 161.)
1. Section 976 of the General Code [shall] be supplemented
by the enactment of supplemental sections 976-1, 976-2 and 976-3 to
read as follows:
Section 976-1. Whoever being engaged in the operation of a coal mine P e r mi t re
causes or permits any solid shooting to be done therein without having qmred*
first obtained a permit to do so from the industrial commission of
Ohio shall be fined in a sum not exceeding one hundred dollars.
Sec. 976-2. A permit to do solid shooting may be issued by tKe issue of permit,
industrial commission of Ohio in the case of any mine when applica
tion shall be made therefor by the owner, lessee or person engaged in
the operation thereof and by a majority of the miners employed therein
and when such industrial commission shall be satisfied that such
method of blasting is necessary for the just and reasonably profitable
operation of such mine. Such permit may be revoked at any time by
said commission after sixty days’ notice in writing to such owner,
lessee or person operating such mine. Any person m interest who is
dissatisfied with any order of said industrial commission made under
the power conferred upon it by this section, may commence an action
to set aside, vacate or amend such order in the same manner and for
the same reason as other orders of such commission may be set aside,
vacated or amended.
Sec. 976-3. Each section of this act is hereby declared to be an inde- Sections severpendent section and the holding of any section to be void or ineffective
for any cause shall not be deemed to affect any other section thereof.
Approved February 17, 1914.
S ection
M i n e r e g u la t io n s — P r o v i s i o n s f o r a c c id e n ts.
(Page 164.)
1. Section 934 of the General Code [shall] be amended to
read as follows:
Section 934. The owner, lessee or agent of a mine at, in, or around First-aid supwhich, more than ten persons are employed, shall furnish for each p
thirty-five men so employed a properly constructed stretcher, a woolen
blanket, a waterproof blanket, a sufficient quantity of bandages and
linen and such other necessary requisites for use in case of accident as
may from time to time be prescribed by the industrial commission of
Ohio. At mines generating fire damp so as to be detected by a safety
lamp, a sufficient quantity of olive or linseed oil shall be kept for use
in emergencies. It shall be the duty of each mine foreman to keep in
a safe and dry place in the territory over which he has charge such
stretchers, woolen and waterproof blankets and other supplies. He
shall care for the same and keep them in dry and sanitary condition
always ready for use.
Approved February 17, 1914.
S ection
Mine regulations— Weighing coal.
(Page 181.)
978-1. Every miner and every loader of coal in any mine in Payment for all
this State who under the terms of his employment is to be paid for coa *
mining or loading such coal on the basis of the ton or other weight shall
be paid for such mining or loading according to the total weight of all
S ection
73734°— Bull. 166— 15------ 13
194
BU LLETIN OF TH E BUREAU OF LABOR STATISTICS.
such coal contained within the car (hereinafter referred to as mine car)
in which the same shall have been removed out of the mine: Provided,
Tare.
The contents of such car when so removed shall contain no greater
percentage of slate, sulphur, rock, dirt, or other impurity than that
ascertained and determined by the industrial commission of Ohio as
hereinafter enacted.
Duty of indus• Sec. 978-2. Said industrial commission shall ascertain and detertrial commission,
■mine the percentage of slate, sulphur, rock, dirt, or other impurity
unavoidable in the proper mining or loading of the contents of mine
cars of coal in the several operating mines within this State.
Agreements.
S e c . 978-3. It shall be the duty of such miner or loader of coal and
his employer to agree upon and" fix, for stipulated periods, the per
centage of fine coal commonly known as nut, pea, dust and slack
allowable in the output of the mine wherein such miner or loader is
employed. At any time when there shall not be in effect such agreed
and fixed percentage of fine coal allowable in the output of any mine
said industrial commission shall forthwith upon request of such miner
or loader or his employer, fix such allowable percentage of fine coal,
which percentage so fixed by said industrial commission shall continue
in force until otherwise agreed and fixed by such miner or loader and
his employer. Whenever said industrial commission shall find that
the total output of such fine coal at any mine for a period of one month
during which such mine shall have been operating while the percentage
of fine coal so fixed by said industrial commission has been in force,
exceeds the percentage so fixed by it, said industrial commission shall
at once make, enter and cause to be enforced, such order or orders
relative to the production of coal at such mine, as will result in reducing
the percentage of such fine coal, to the amount so fixed by said indus
trial commission.
New mines.
Sec. 978-4. Said industrial commission shall, as to all coal mines in
this State, which have not been in operation heretofore, perform the
duties imposed upon it by the provisions hereof.
S e c . 978-5. Said industrial commission shall have full power from
time to time, to change, upon investigation, any percentage by it
ascertained and determined, or fixed, as provided m the preceding
sections hereof.
Screening.
S e c . 978-6. It shall be unlawful for the employer of a miner or loader
of the contents of any car of coal to pass any part of such contents over
a screen or other device, for the purpose of ascertaining or calculating
the amount to be paid such miner or loader for mining or loading such
contents, whereby the total weight of such contents shall be reduced
or diminished. Any person, firm or corporation violating the pro
visions of this section shall be deemed guilty of a misdemeanor and
upon conviction, shall be fined for each separate offense not less than
three hundred dollars nor more than six hundred dollars.
Offenses of min
Sec. 978-7. A miner or loader of the contents of a mine car; contain
ers, etc.
ing a greater percentage of slate, sulphur, rock, dirt or other impurity,
than that ascertained and determined by said industrial commission,
as hereinabove provided, shall be guilty of a misdemeanor and upon
conviction shall be punished as follows: For the first offense within a
period of three days he shall be fined fifty cents; for a second offense
within such period of three days he shall be fined one dollar; and
for the third offense within such period of three days he shall be fined
not less than two dollars nor more than four dollars: Provided, That
nothing contained in this section shall affect the right of a miner or
loader and his employer to agree upon deductions by the system
known as docking, on account of such slate, sulphur, rock, dirt or other
impurity.
Approved February 17,1914.
Revision.
Compensation o f workmen for injuries.
(Page 193.)
S ection 1. Section 29 [sec. 1465-76] of an act * * * [Work
men’s compensation act, p. 72, Acts of 1913, shall] be amended to read
as follows:
LABOR LEGISLATION OF 1914---- OHIO.
[The amendment consists in adding to the section in question the
following sentence:]
The term “ willful act,” as employed in this section, shall be con
strued to mean an act done knowingly and purposely with the direct
object of injuring another.
Approved February 17, 1914.
195
Willful act.
Employment of children—School attendance.
(Page 225.)
1. Sections * * * 7771 * * * [shall] be amended
* * * to read as follows:
Section 7771. * * * The truant officer shall keep on file the List of certified
name, address and record of all children between the ages of fifteen and children.
sixteen to whom age and schooling certificates have been granted who
desire employment, and manufacturers, employers or other persons
requiring help of legal age shall have access to such files. The truant
officer shall cooperate with the industrial commission in enforcing the
conditions and requirements of the child labor laws of Ohio, furnishing
upon request such data as he has collected in his reports of children
from eight to sixteen years of age and also concerning employers, to
the industrial commission and to the superintendent of public in
struction. * * *
Became a law without the signature of the governor, March 9, 1914.
S ection
PHILIPPINE ISLANDS.
ACTS OF 1913-14.
A ct
No. 2300—Kidnaping to service—Peonage.
S ection 1. Nothing provided in the existing legislation shall be Peonage, etc.,
understood or construed as directly or indirectly permitting slavery, not permitted,
involuntary servitude, and peonage in the Philippine Islands. Sub
ject to the modifications provided in the next following section, the
provisions of law prohibiting and punishing slavery, involuntary ser
vitude, and peonage contained in any laws, orders, ordinances, de
crees, instructions, or regulations promulgated during Spanish gov
ernment and applicable to the Philippine Islands are hereby con
firmed and ratified.
S e c. 2 . The provisions of sections two hundred and sixty-eight, two Penal laws of
hundred and sixty-nine, two hundred and seventy, and two hundred
States
and seventy-one of the Act of the Congress of the United States ap
proved on March fourth, nineteen hundred and nine, entitled 44An
act to codify, revise, and amend the penal laws of the United States,”
are hereby adopted, with the necessary modifications, as if they had
been enacted by the Philippine Legislature, to be in force within the
territory subject to the jurisdiction of said legislature, so that said sec
tions, as modified, shall read as follows:
(a) Whoever kidnaps or carries away any other person, with the in- K i d n a p i n g ,
tent that such other person be sold into involuntary servitude, or held etc*
as a slave; or who entices, persuades, or induces any other person to
go on board any vessel or to any other place with the intent that he
may be made or held as a slave, or sent out of the country to be so made
or held; or who in any way knowingly aids in causing any other person
to be held, sold, or carried away to be held or sold as a slave, shall be
fined not more than ten thousand pesos, or imprisoned not more than
five years, or both.
(b) Whoever holds, arrests, returns, or causes to be held, arrested, Peonage,
or returned, or in any manner aids in the arrest or return of any person
to a condition of peonage, shall be fined not more than ten thousand
pesos, or imprisoned not more than five years, or both.
(c) WTioever obstructs, or attempts to obstruct, or in any way inter- Obstructing en'
feres with or prevents the enforcement of the section last preceding, forcement of lawshall be liable to the penalties therein prescribed.
(d) Whoever shall knowingly and willfully bring into the Philip- Bringing in kidpine Islands, or any place subject to the jurisdiction thereof, any person “UP6 persons,
inveigled or forcibly kidnaped in any other country, with intent to
hold such person so inveigled or kidnaped in confinement or to any in
voluntary servitude; or whoever shall knowingly and willfully sell, or
cause to be sold, into any condition of involuntary servitude any other
person for any term whatever; or whoever shall knowingly and will
fully hold to involuntary servitude any person so brought or sold, shall
be fined not more than ten thousand pesos and imprisoned not more
than five years.
S e c . 3. It shall be the duty of the provincial governor of every Enforcement,
province organized under act numbered eighty-three of the Philip
pine Commission to obtain information and take all measures that in
his judgment may be proper to forestall and thereafter to prevent any
violations of this act, and in case such violations have been com
mitted, to order immediate prosecution. It shall also be the duty of
the provincial governor to order, where necessary, the institution of
habeas corpus proceedings, and he may apply to the provincial fiscal,
and in his default to the proper court, for the designation of a lawyer
to protect the rights of the person or persons for whose benefit the
habeas corpus proceedings shall have been brought, and no fees shall
be charged for such services and the costs shall in every case be de officio.
Enacted November 28,1914.
197
198
BULLETIN" OF TH E BUREAU OF LABOR STATISTICS.
A ct
No. 2385.— Bureau of labor.
S e c t io n 1 . Subsection (d) of section two of act numbered eighteen
hundred and sixty-eight is hereby amended to read as follows:
Purposes.
“ (d) To secure the settlement of differences between employer and
laborer and between master and servant and to avert strikes and lockArbitration,etc. outs, acting as arbitrator between the parties interested, summoning
them to appear before it, and advising and bringing about, after hearing
their respective allegations and evidence, such arrangement as these
may, in his judgment, show to be just and fair.”
S ec . 2 . Section three of said act numbered eighteen hundred and
sixty-eight is hereby amended to read as follows:
Powers of direc‘ ‘ Section 3. The director and assistant director of the bureau of labor
tor*
shall have power to issue subpoenas and subpoenas duces tecum within
the territory of the Philippine Islands: Provided, however, That a per
son shall not be compelled to appear if summoned to appear in a mu
nicipality other than the one in which the subpoena is issued. They
shall be empowered, further, to receive and take affidavits and the
testimony of witnesses and experts when they deem it necessary for
the proper compliance with the obligations mentioned in section two
of act numbered eighteen hundred and sixty-eight.
“ The appearance or testimony of an absent or contumacious witness
may be secured by petition to the municipal court, justice of the peace
court, or court of first instance.
“ Any person voluntarily or maliciously swearing or testifying falsely
on any material point in an investigation conducted in accordance
with this act by the director or assistant director of labor shall be liable
to the penalty provided by existing law for perjury.
“ Any person obstructing or resisting the director of labor or his
deputies in the performance of their duties prescribed by law shall,
upon conviction, be punished by imprisonment for not more than six
months or by a fine of not more than three hundred pesos, or both, in
the discretion of the court.”
Sec. 3. Section four of said act numbered eighteen hundred and
sixty-eight is hereby amended by adding at the end thereof the
following:
Attorney of bureau of labor.
Costs.
1‘ The bureau of labor shall also have an attorney, who shall be known
as <attomey of the bureau of labor’ and shall receive compensation at
the rate of three thousand six hundred pesos per annum. Said attorney
shall assist the director or assistant director of labor in all legal ques
tions by them submitted to him, and shall bring suit gratuitously, in
the proper courts, for laborers or servants when he shall deem this
proper after the failure of the endeavors to bring about a friendly settle
ment made by the director or assistant director of labor in the perform
ance of the duties imposed and the exercise of the powers conferred
upon them by subsection (d) of section two of act numbered eighteen
hundred and sixty-eight. Actions instituted under this section shall
be exempt from legal fees, and it shall be the duty of the clerk of the
court of first instance or justice of the peace before whom the cases
mentioned in this section are brought, to register the same and take
the proper action on them free of cost, including sheriff’s fees: Provided,
however, That the attorney of the bureau of labor shall not bring suit
under this act unless the plaintiff shall have previously secured a cer
tificate of indigency from the proper court.”
Sec. 4. The sentences of the courts trying cases filed under this act
shall provide, in case of judgment in favor of the plaintiff, for the pay
ment by the defendant of the sum of twenty-five pesos as costs of the
attorney of the bureau of labor, which sum shall be collected in the
same manner as the other costs of the court and shall be covered by the
clerk of the court or justice of the peace concerned into the insular
treasury and credited to the general funds.
Enacted February 28, 1914.
PORTO RICO.
ACTS OF 1914.
A ct N o . 24.—Closing time in industrial and mercantile establishments—
Sunday labor.
Section 1 . Section 553 of the Penal Code [sec. 6004, Rev. St.] as
amended August 9, 1913, is hereby amended so as to read as follows:
Section 553. All day Sunday; from 12 m. on legal holidays; from 10 Establishments
p. m. every Saturday; from 7 p. m. every working day; and from 1 0 ^henbe closed>
p. m. on December 24th and 31st and January 5th of each year, com
mercial and industrial establishments shall remain closed to the public
and suspend all work for employees one hour after closing, except the
following:
I. Sugar and alcohol factories, coffee-cleaning mills, pharmacies Exceptions,
and book stores.
II. Public markets, printeries, garages and bakeries.
III. Cafes, restaurants, hotels, inns, eating houses, places where
meals are expended, confectiona[e]ry and pastry stores.
IY. Casinos, billiard rooms, ice depots, meat stands, milk stalls, and
stands where refreshments, sweets, manufactured tobacco, matches
and periodicals only are sold.
V. Slaughterhouses, dairies, livery stables, piers or docks and under
taking establishments.
Y I. Public and quasi public utilities and works of emergency nec
essary to prevent danger or considerable financial loss.
VII. Theaters or other places devoted exclusively to amusements
or charitable purposes, shall not be comprised under the provisions of
this section, so far as relates to the purposes stated herein.
Sec. 2 . Section 554 of the Penal Code [sec. 6005, Rev. St.] is hereby
reenacted in the following form:
Sec. 554. The municipal council of any municipality may permit .Powers of muby means of an ordinance any or all the commercial and industrial mcip ies*
establishments the close of which is ordered by section 553, to remain
open on Sundays: Provided, That said regulations shall in no case
authorize the establishments mentioned therein to remain open after
12 m. on Sundays.
Sec. 3. Any violation of this act shall be punished by a fine of not
less than ten nor more than one hundred dollars or by imprisonment
in jail for a maximum term of thirty days.
Violations,
Approved March 28, 1914.
Joint R es . No. 10 —Commission on housing.
Whereas, a conflict at present exists on account of .the cost of dwell- Grounds of acings occupied by the laboring classes of San Juan and its barrios;
tlon*
Whereas, the financial condition under which said classes labor
becomes more difficult each day because of the financial condition of
the country;
Whereas, it is the duty of the legislative assembly to take such action
as will tend to decide this matter without prejudice to the interests of
the proprietors, but protecting the laborers so far as concerns their
necessities of life;
Now, therefore, be it enacted by the Legislative Assembly of Porto
Rico:
Section 1. A commission is hereby designated, to be composed of Commission to
two members of the executive council appointed by the president be app te
thereof; two members of the house of delegates appointed by the
199
200
Duties.
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
speaker and one engineer or architect from the department of the inte
rior who shall serve without extra compensation, and who shall be
designated by said four commissioners, which commission, after due
investigation, shall report to the legislative assembly in regard to such
means as it may deem convenient for the purpose of solving the con
flict which is the subject of this resolution.
Approved March 12,1914.
RHODE ISLAND.
ACTS OF 1914.
Ch a p t e r
1078.—Commission on immigration.
S ection 1. The governor is hereby empowered to appoint a com- Commission to
mission on immigration, which shall consist of five members who shall be appointed*
serve without compensation, and which shall make full inquiry, ex
amination and investigation of the status and general condition of Duties,
immigrants and aliens within the State, including their way of living,
distribution, occupation, educational opportunities and business oppor
tunities and facilities, and also their relation to the industrial, social
and economic condition of all the people of the State. The investiga
tions of the commission shall be made with a view to obtaining infor
mation for the enactment of such laws as will bring non-English speak
ing foreigners, resident and transient, into sympathetic relation with
American institutions and customs. For this purpose, said commis
sion is hereby authorized to send for persons and papers, administer
oaths and to examine witnesses and papers respecting all matters per
taining to this subject: Provided, That the State of Rhode Island shall
not be subject to any expense in carrying out the foregoing purposes.
Said commission shall make a full and final report to the governor, Report,
including such recommendations for legislation as in its judgment
may seem proper, on or before January 15,1915.
Approved May 6,1914.
201
SOUTH CAROLINA.
ACTS OF 1914.
A c t N o . 253. —Protection
of employees on street railways.
S ection 1 . Section 3949 of the Code of Laws of South Carolina, 1912,
[shall] be amended * * * so that said section, when amended,
shall read as follows:
Section 3949. Electric railway companies shall affix to their cars or ‘Vestibules re"
coaches inclosed vestibules of wood iron or glass, and maintain side qin
doors on vestibules for the protection of motormen and passengers dur
ing the months of December, January, February and March: Provided,
That the failure of any such company to comply with the provisions of
this section shall be subject to a penalty of ten dollars per day, to be
recovered by any citizen in the city or town where such company does
business, one-fourth (J) thereof to go to the person bringing suit to en
force the law, and the remaining three-fourths (}) for the benefit of the
State.
Approved the 28th day of February, A. D. 1914.
A c t N o.
262.—Hows of labor of women—Mercantile establishments.
S ection 1 . Section 430, Criminal Code, 1912, is hereby, amended
* * * so that said section, when so amended, shall read as follows:
Section 430. The hours of labor of women in mercantile establish- Sixty hours per
ments in this State shall be limited to sixty hours per week, not to w
exceed twelve hours in any one day, and such females shall not be
allowed to work later than the hour of ten o’clock p.m . The enforce- Nightwork,
ment of this law is placed in the hands of the commissioner, or inspec
tors, or duly authorized agents of the commissioner. Any employer or
employers of female labor in mercantile establishments who shall violate
the provisions of this act shall be deemed guilty of a misdemeanor, and
shall be punished by a fine of not less than $10 nor more than $40, or
imp[r]isonment of not less than ten days nor exceeding thirty days.
Approved the 28th day of February, A. D. 1914.
A c t N o . 314. —Payment
of wages in scrip.
S ection 1 . Section 3813, volume 1, Code of Laws, 1912, is hereby,
amended so as to read as follows:
Section 3813. It shall not be lawful for any corporation, person or Sc” P» et£:>
firm in this State engaged in the manufacture of cotton goods
66111
to issue, pay out or circulate for payment of the wages of
labor any order, check, memorandum, token or evidence of
indebtedness, payable in whole or in part, otherwise than in
lawful money of the United States, unless the same is negotiable
and redeemable at its face value, without discount, in cash or in
goods, wares or merchandise, or supplies, at the option of the holder, at
the store or other place of business of such firm, person or corporation,
or at the store of any other person on whom such paper may be drawn,
where goods, wares or merchandise are kept for sale, sold or exchanged,
and the person who, or corporation, firm or company which may issue
any such order, check, memorandum, token or other evidence of
indebtedness shall, upon presentation and demand within two weeks
from date of delivery thereof, redeem the same in goods, wares, mer
chandise or supplies at the current cash market price for like goods,
wares, merchandise or supplies, or in lawful money of the United
States, as may be demanded by the holder of any such order, memoran-
203
204
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
dum, token or other evidence of indebtedness: Provided, That if said
corporation, person or firm engaged as specified in this section have
a regular pay day once in every two weeks then said corporation, per
son or firm shall not be required to redeem such token or evidence of
indebtedness in cash until the first pay day after the same becomes pay
able, as herein provided, and such token or evidence of indebtedness
shall be presented for payment in cash only on such pay days: Provided,
That the provisions of this section shall not apply to agricultural con
tracts or advances made for agricultural purposes.
Approved 26th day of February, A. D. 1914.
A ct N o .
393.—Labor organizations—Relief societies.
Associations auS ection 1.
tnonzed.
international
* * * Local labor organizations with a national or
charter, may form mutual associations, incorporated or
unincorporated, for the purpose of aiding their members or their bene
ficiaries in times of sickness and death by levying equitable assessments
for the payment of sick relief or death benefits, upon compliance with
the terms of this act.
Not for profit.
S ec . 2 . Such association^] shall have no paid agents for the soliciting
of business of members, and shall be conducted without profit. They
shall file an annual report with the insurance commissioner, who shall
issue to them a certificate showing that they have complied with the
law of this State.
No fees to be S e c . 3. Such associations shall pay no license fee and shall be subject
pald*
only to such examination by the insurance commissioner as will enable
him to determine that such associations have complied with the insur
ance laws of the State. Nothing in this act shall be construed to pre
vent such associations as are now operating in this State from continuing
to operate on their present plans.
Approved the 26th day of February, A. D. 1914.
A ct N o .
Semi monthly
pay day.
Violations.
399.—Payment of wages—Railroad shop employees.
S ection 1 . All railroad corporations doing business in this State shall
pay their employees engaged in work in their shops semimonthly: Pro
vided, That nothing contained in this act shall apply to railroads owning,
leasing or operating less than 35 miles in South Carolina.
S e c . 2. Any railroad corporation violating the provisions of section 1
shall, upon conviction in any court of competent jurisdiction, be liable
to a fine of not more than one hundred ($10 0 ) dollars, or less than twentyfive ($25) dollars.
Approved the 27th day of February, A. D. 1914.
Act No. 401.—Railroads— Warning boards to be erected.
S ection 1 . Every company, lessee, manager or receiver owning
or operating a railroad in this State is hereby required to provide and
maintain and place warning boards one mile from all stations, draw
bridges and where railroads cross at grade; the boards to have letters of
sufficient size to be clearly seen from the engine and to describe the
place of danger, said boards to be put not more than eight feet from the
side of the track.
Timelimit.
S ec . 2. Each person, partnership, company^ or receiver who is
affected by this law shall, within one year, equip all of their lines or
branches in this State in accordance with this act.
Failure to comS ec . 3. Any railroad company, receiver or lessee thereof doing busip y’
ness within this State which shall fail to comply with the provisions of
this act, after ten days’ notice thereof in writing, shall be subject to a
fine of $5 per day for every day thereafter that such failure shall con
tinue, ana any such railroad, receiver or lessee failing to re-erect such
warning board, in case any such board for any cause be down or re
moved, after ten days’ notice in writing, shall be subject to the penalty
herein provided of $5 per day for each day that such railroad,
receiver or lessee shall fail to so re-erect such warning boards. This
Bo a r d s required, when.
LABOR LEGISLATION OF 1914---- SOUTH CAROLINA.
205
penalty shall be recoverable by any person of this State in any court
of competent jurisdiction, one-half to go to the party bringing the action
and one-half to go into the county treasury in which such action may be
brought, to be used for ordinary county purposes.
Approved the 19th day of February, A. D. 1914.
A ct N o .
403.—Railroads—Shelters for employees at division points.
S ection 1 . All railway companies having railroad shops in this S% ters t0 1)6
State at division points, where cars are regularly taken out of trains e
for repairs or construction work, or where other railroad equipment is
regularly made, repaired or constructed, are hereby, required to
furnish or construct a building or shed in said shops or yards,
with a suitable and sufficient roof over the repair and construction
track or tracks so as to provide that all men or employees employed
in the construction and repair of locomotives, cars, trucks or other
railroad equipment, excepting slight or minor repairs or when done in
an emergency, shall be under shelter and protected during snows,
rains, sleets, hot sunshine, and other inclement weather: Provided,
The railroad commission shall have the power to direct the points at
which sheds shall be erected, and the character of the sheds: Provided,
further, That such order shall only be made after a hearing, of which
public notice shall have been given.
S ec . 2. Any railroad found guilty of violating the provisions of this Violations,
act shall be subject to a fine of fifty ($50) dollars per day for every
day of such violation.
Sec. 3. * * * The provisions of this act shall not apply to railroads twenty miles or less in length.
Approved the 26th day of February, A. D. 1914.
Exemption,
VIRGINIA.
ACTS OF 1914.
C h a p t e r 16.—Inspection
and regulation of factories, etc.
S ection 1 . Proper and substantial handrails shall be provided on all Stairways,
stairways in factories, shops and manufacturing establishments.
Where females are employed the stairs shall be properly screened at
the sides and bottom. All doors leading in or to any such factory, Doors to opea
shop, or manufacturing establishment shall be so constructed as to open blocked.n0t
outwardly and shall not be locked, bolted or fastened during working
hours: Provided, That nothing contained in this section shall apply
to any factory, shop or manufacturing establishment where not more
than twenty-five persons are employed: And provided further, In the
discretion of the commissioner of labor, after sufficient means of
egress is provided, the owner may erect additional sliding doors: Pro- Provisos.
videdj The owner of a factory, shop or manufacturing establishment,
equipped with sliding doors, properly adjusted and easily opened,
need not convert the same into doors that open outwardly n there be
another door, or doors, on the first floor opening outwardly, affording
sufficient means of egress for people visiting or working in said build
ing,- the sufficiency of egress to be determined by the commissioner of
labor, subject to the right of appeal as hereinafter provided.
S e c . 2. The owner or person in charge of a factory, shop, or manu- Belt shifters,
facturing establishment where machinery is used shall provide, in the
discretion of the commissioner of labor, belt shifters or other mechan
ical contrivances for the purpose of throwing on or off belts on pulleys.
Whenever practicable, all machinery shall be provided with loose pul
leys. All vats, elevators, saws, planers, cogs, gearing, belting, shaft- Guards,
ing, set screws, shapers and corner machines shall be properly guarded.
No person shall remove or make ineffective any safeguard around or
attached to machinery, vats, or elevators while the same are in use,
i
i. ^
A
t 1 1
* hereto, and all
If a machine
„
,
a not properly
guarded, notice thereof shall be given to the owner or manager in
charge of such operation and unless such machinery is repaired or made
safe within ten days after such notice the use thereof may be prohibited
by the commissioner of labor and a notice to that effect shall be at
tached thereto. Such notice shall not be removed until the machine
is made safe and the required safeguards are provided, and in the
meantime such unsafe or dangerous machinery shall not be used.
When in the opinion of the commissioner of labor it is necessary, the Lighting,
workrooms, halls and stairs leading to the workrooms shall be properly
lighted; and in cities of the first class, if deemed necessary by the
commissioner of labor, a proper light shall be kept burning by the
owner or lessee in the public hallways, near the stairs upon the entrance
floor and upon the other floors on every workday in the year, from the
time when the building is opened for use in the morning until the time
it is closed in the evening, except at times when the influx of natural
light shall make artificial light unnecessary. Such lights to be inde
pendent of the motive power of such factory.
From any ruling or order made by the commissioner of labor under Appeals,
this act, there shall be an appeal as of right by any party in interest to
the circuit or corporation court in which such building is located:
Provided, Such appeal be taken within five days after such ruling or
order is made.
Sec. 3. For failure to comply with any of the provisions of this act, violations,
the person or corporation offending, shall be subject to a fine of not less
than five nor more than ten dollars, and each day’s failure to comply
shall be considered a separate offense.
Approved February 27,1914.
207
208
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
Ch a p t e r
87.—Railroads—Caboose cars.
An act * * * [(ch. 278, Acts of 1910) shall] be amended and
reenacted as follows:
Cabooseearsre- Section 1 . It shall be unlawful for any railroad company, corporaqrnrea.
tion, firm, individual, receiver or trustee, operating a standard-gauge
railroad as a common carrier in the State of Virginia, to run or permit
to be run over its tracks, except in yard limits and in transfer service
a train of one or more cars, other than a passenger train, without having
attached thereto a caboose car, except m cases of emergency occurring
on the road which will not permit a compliance of this act: And pro
vided further, That the provisions of this act shall not apply to light
engines.
Construction,
gee. 2 . Said caboose car shall not be less than twenty-one feet in
etc#
length, exclusive of platforms at each end, which shall not be less than
two feet in width and shiall be constructed with a door in each end
and with six windows in the body of the car, and shall be equipped
with two four-wheel trucks and an emergency brake valve in the body
of the car within reach of the cupola, and shall have a cupola with
eight windows, and shall be of a constructive strength, of a ‘sixty
thousand pound capacity freight car, except where pusher engines are
used, when it shall be of a resistance strength equal to that of a hundred
thousand pound capacity freight car.
Changes to be
Sec. 3. Whenever any caboose car now in use upon any such railroad
“ ad®*
in Virginia shall after this act goes into effect be brought into the shops
of any such railroad for general repairs, it shall be unlawful to again put
the same into the service of such railroad, within this State unless it be
equipped as provided in section two of this act.
Rate of change.
Sec. 4. Such railroad company, corporation, firm, individual and
receiver, or trustee, operating standard-gauge railroad in the State of
Virginia as a common carrier, shall each year from and after the first day
of July, nineteen hundred and fourteen, equip for service, in accordance
with the provisions of this act at least ten per cent of the number of
caboose cars in use on its railroad in this State on the said first day of
July, nineteen hundred and fourteen, that are not so equipped, but the
State corporation commission is hereby^ authorized to grant to any such
railroad company, corporation, firm, individual, receiver or trustee,
operating a standard-gauge railroad as a common carrier in the State of
Virginia, upon a full hearing and for good cause shown, a reasonable
extension of time within which to comply with the provisions of this act.
Violations.
Sec. 5. Any such railroad company, corporation, firm, individual,
receiver or trustee operating a standard-gauge railroad in the State of
Virginia as a common carrier violating any of the provisions of this act
shall be guilty of a misdemeanor and, upon conviction thereof, shall be
fined one hundred dollars ($10 0 ) for each offense.
Exemptions.
Sec. 6 . Provided, That the provisions of this act shall not apply to any
such railroad company, corporation, firm, individual, receiver or
trustee operating a standard-gauge railroad in the State of Virginia, as a
common carrier, which railroad may now or hereafter have neither of its
terminals in this State; nor to any standard-gauge railroad operated as a
common carrier which is not more than thirty miles in length.
Enforcement.
Sec. 7. Prosecutions under this act shall be made by the Common
wealth attorney in any court of competent jurisdiction in any county
or municipal corporation, in or through which such railroad may have
run the train thus improperly equipped.
Approved March 13, 1914.
Ch a p t e r 89.—Railroads—Headlights
Headlights
quired.
Standard.
on locomotives.
S ection 1. It shall be the duty of every railroad corporation, or
receiver or lessee thereof, operating any standard-gauge line of railroad,
as a common carrier, in this State, to equip and maintain in all locomo
tive engines used in the transportation of trains over said railroads with
electric headlights or other headlights of not less than five hundred
candlepower, with the aid of a reflector: Provided, That only one-third
of said locomotives not now equipped shall be required to be so
LABOR LEGISLATION OF 1914---- VIRGINIA.
209
equipped or used within six months after the passage of this act: And
provided further, That the remainder to be equipped within twelve
months after the passage of this act. In case of unavoidable accident
to any such headlight between terminals, such train may proceed to its
next terminal without violating this act.
S ec . 2. Any railroad company, corporation, or the receiver or lessees Violations,
thereof, operating a standard-gauge railroad in this State violating the
provisions of this act, shall be guilty of a misdemeanor and fined not less
than twenty-five dollars nor more than one hundred dollars for each
offense, and the use of any locomotive engine without the light pro
vided for in section one of this act shall constitute a separate offense for
every day or part of day so used. Prosecutions under this act may be
made by the#attorney for the Commonwealth in any court of competent
jurisdiction in any county or corporation, in or through which tne line
of such offending railroad may extend.
S e c . 3. The provisions of this act shall not apply to any railroad Exemption,
whose main line is not over thirty miles in length.
Approved March 13, 1914.
Ch a p t e r
132.—Accident prevention—Instruction of children.
S ection 1. It shall be the duty of each teacher in the public schools Duty ol tsachof the Commonwealth to devote not less than thirty minutes in each ers*
month of the school session for the purpose of instructing the pupils
therein as to ways and means of proper observation so as to prevent
accidents.
S e c . 2. The superintendent of public instruction shall forthwith pre- Lessons to be
pare, publish and distribute proper information, arranged in chapters or mshed*
lessons for the guidance of teachers in carrying out the provisions of this
act.
Approved March 17, 1914.
Ch a p t e r
157.—Bonds of employees of common carriers.
S ection 1. If any common carrier authorized to do business in this Refusing or canState shall employ any person in any position of trust in this State, and mg bond*
shall apply to any surety company for security for the faithful perform
ance of duty by such employee, or for any form of fidelity insurance, and
such surety company shall refuse to become responsible for such em
ployee, or, having become responsible for such employee, shall there
after cancel such responsibility, such surety company shall furnish to Statement of
such employee a statement in writing of the reasons therefor, which reasons*
statement shall be sent by registered mail to such place as he shall desig
nate, addressed to such employee, promptly on his demand therefor in
writing sent by registered mail to the head office of such surety com
pany, addressed to such surety company or any officer thereof; and,
unless such common, carrier shall nave other reasons for refusing
to employ such employee than the fact of said refusal of such
surety company to so become or continue responsible for such em -. Bond of other
ployee, such common carrier shall, on request of* such employee, accept msurer*
as security for the fidelity of such employee, a bond or obligation in
the same form or substantially in the same form as that under which
such surety refused to become or continue responsible for such em
ployee, when duly executed and acknowledged by any other solvent
surety company authorized to execute such bond or obligation in this
State or a personal bond with satisfactory surety and furnished to such
common carrier by such employee without cost or expense to such com
mon carrier: Provided, however, That such surety company shall not be Sources confirequired to disclose the sources of its information regarding such employee, and that all communications, written or verbal, between such Communi casurety company or any officer or representative thereof and such com -tlons pr eg
mon carrier or any officer or representative thereof or such employee or
any person, firm or corporation mentioned in any statement made by
such employee to such surety company shall be deemed privileged com73734°— Bull. 166— 15-------14
210
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
Violations.
mimications: And further provided, That 110 action or legal proceeding
for libel or slander shall lie against such surety company or such com
mon carrier by reason thereof.
S e c . 2. Any surety company or any common carrier which shall, by
its officers or representatives, violate any of the provisions of this act
shall be deemed guilty of a misdemeanor, and be punished by a fine of
not less than one hundred dollars nor more than one thousand dollars.
Approved March 20, 1914.
Ch a p t e r 158.—Hours
of labor of women and children.
S ection 1 . An act * * * fsec. 3657b, Code of 1904, shall] be
amended and reenacted so as to read as follows:
Ten-hour day.
1 . No female and no child under fourteen years of age shall work as an
operative in any factory, workshop, laundry, mercantile, or in any
manufacturing establishment in this State more than ten hours in any
one day of twenty-four hours. All contracts made or to be made for the
employment of any female or of any child under fourteen years of age,
as an operative in any factory, workshop, laundry, 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.
[2.] Any person having the authority to contract for the employment
of persons as operatives in any factory, workshop, laundry, mercantile,
or in any manufacturing establishment, who shall engage or contract
with any female or any child under fourteen years of age to work as an
operative in such factory, workshop, laundry, mercantile, or in any
manufacturing establishment during more than ten hours in any one
day of twenty-four hours shall be guilty of a misdemeanor, and be
fined not less than five nor more than twenty dollars: Provided, That
nothing contained in sections one and two of this act shall apply to
mercantile establishments in towns of less than two thousand inhabi
tants or to country stores.
Places selling
3 . No male under twenty-one years of age and no female shall be
intoxicants.
employed in any capacity in any place, except in hotels, where in
toxicating liquors are manufactured, bought, sold, packed, or shipped,
except mercantile establishments in the country. Any person having
authority to contract for the employment of persons in any place
except in hotels where intoxicating liquors are manufactured, bought,
sold, packed, or shipped, who shall engage or contract with, any male
under twenty-one years of age, or any female, to work in any capacity
in any place except in hotels where intoxicating liquors are manu^
factured, bought, sold, packed, or shipped, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less
than five nor more than twenty dollars: Provided, however, That
nothing in this act shall be construed to apply to females whose full
time is employed as a bookkeeper, stenographer, cashier, or office
assistant, nor shall the provisions of this act apply to canning factories
and fish packing establishments located in the country sections.
Approved March 20, 1914.
C h a p t e r 286.—Inspection
Sanitation, etc.
Toilets.
and regulation of factories, etc.
S ection 1 . Every factory in which five or more persons are employed,
and every factory, workshop, mercantile or other establishment, or
office, in which two or more children, under eighteen years of 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 suf
ficient number of 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 of
separate water-closets, earth closets or privies shall be provided for the
use of each sex, and plainly designated; and no person shall be allowed
to use a closet or privy which is provided for persons of the other sex:
Provided, In buildings used exclusively for offices the provisions of
this section shall not apply, if separate toilets are within convenient
access in the buildings wherein the offices are located.
LABOR LEGISLATION OF 1914---- VIRGINIA.
211
Sec . 2. Tlie owner, lessee or occupant of any premises which are Duty of owners,
used as described in the preceding section shall make the change^ etc*
necessary to conform thereto. If such changes are made upon the
order of the commissioner of labor by the occupant or lessee of the
premises, he may, within thirty days after the completion thereof,
bring an action against any other person who has an interest in such
premises, and may recover such proportion of the expense of making
such changes as the court may adjudge should be equitably borne by
such other interested party defendant.
S e c . 3. If it appears to the commissioner of labor that any act, Other remedies,
neglect or fault in relation to any drain, water-closet, privy, ash pit,
water supply, nuisance or other matter in a factory or workshop in
cluded under the provisions of section one is punishable or remediable
under any law relative to the preservation of the public health, but
not under the provisions of this chapter, he shall give notice in writing
thereof to the board of health of the city or county in which such
factory or workshop is situated, or to the State health commissioner,
and such board of health or State health commissioner shall thereupon
inquire into the subject of the notice and enforce the laws relative
thereto.
S e c . 4. A criminal prosecution shall not be instituted against a .Notice to be
person for the violation of the provisions of section one and two until siven*
four weeks after notice in writing by the commissioner of labor of the
changes necessary to be made to comply with the provisions of said
section has been sent by mail or has been delivered to such person, nor
if such changes shall have been made in accordance with such notice.
A notice shall be sufficient under the provisions of this section if given
to one member of a firm, or to the clerk, cashier, secretary, agent or any
other officer who has charge of the business of a corporation, or to ita
attorney, and in case of a foreign corporation, to the officer who has
charge of such factory or workshop, ana such officer shall be personally
liable for the amount of any fine, if a judgment against the corporation
is returned unsatisfied.
[S ec . 5.] The application of this law to stores and office buildings in
cities of five thousand inhabitants or less and in towns of five thousand
inhabitants or less shall be left to the discretion of the commissioner of
labor.
S e c . 6. Any person, firm or corporation who shall violate the pro- Violations,
visions of this act shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, be subject to a fine of not less than five nor more
than twenty-five dollars, and each day of such violation may consti
tute a separate offense.
Approved March 25,1914.
C h a p t e r 321.—
Bureau o f labor and industrial statistics— Commissioner.
S e c t io n 1 . [Subjection four of
Bhall] be amended and reenacted
* * * [sec. 1790c, Code of 1914,
and an independent [subjection
number seven be added so as to read as follows:
4.
The commissioner shall have power to take and preserve testi- Powers,
mony, examine witnesses under oath, and administer the same, and
to that end may, under proper restrictions, enter any public institution
of the State, and any factory, store, workshop or mine, and interrogate
any such person, firm, or the proper officer of a corporation, or file a
written or printed list of interrogatories and require full and complete
answers to be made thereto and returned under oath within thirty days
of receipt of said list of questions; and if any person who may be sworn
to give testimony shall willfully fail or refuse to answer any legal and Refusing inforproper question propounded to him concerning the subject of such mation*
examination, as indicated in the second section of this act, or if any
person to whom a written or printed list of such interrogations has been
furnished by said commissioner shall neglect or refuse to fully answer
and return the same under oath, such person shall be deemed guilty of
a misdemeanor, and upon conviction thereof before a court of com
petent jurisdiction shall be fined a sum not exceeding one hundred
dollars nor less than twenty-five dollars, or by imprisonment in the
212
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
county jail not exceeding ninety days, or by both fine and imprison
ment: Provided, however, That nothing in this act shall be construed
as permitting the commissioner or any employee of this bureau to
make use of any information or statistics gathered from any person,
company or corporation for any other than the purposes of this act.
Chief f ac t or y
7. The commissioner of labor shall have general supervision and
inspector.
control of the said bureau and shall be designated in connection there
with as the “ chief factory inspector.” He shall secure the enforce
ment of all laws now in force, or which may hereafter be enacted,
relating to the inspection of factories, mercantile establishments,
mills, workshops, and commercial institutions in this State, and per
form such other duties as are now, or which may be hereafter pre
scribed by law to be performed by the factory inspector. He shall
Assistants.
have power to appoint an assistant chief factory inspector and such other
Duties. *
deputy factory inspectors as may be necessary. The duties of the
assistant chief factory inspector and of the deputy factory inspector shall
be the same as those which are now, or which may be hereafter, imposed
by law upon the commissioner of labor and his deputies who serve as
factory inspectors. Said chief factory inspector, assistant chief fac
tory inspector, and deputy factory inspectors, shall visit and inspect
at all reasonable hours, as often as practicable, the factories, mercantile
establishments, mills, workshops, and commercial institutions in this
State, where goods, wares, or merchandise are manufactured, pur
chased, or sold, at wholesale or retail. And the chief factory inspector
Reports.
shall report in writing to the governor on the fifteenth day of September,
annually, the results of his inspections and investigations, together
with such other information ana recommendations as he may deem
proper. It shall be the duty of said inspectors to enforce the pro
visions of this act, and perform such other duties as are now, or which
may hereafter be prescribed by law, and to prosecute all violations of
law relating to the inspection of factories, mercantile establishments,
mills, workshops, and commercial institutions in this State before any
justice of the peace, or any court of competent jurisdiction in this
State. And it shall be the duty of the Commonwealth’s attorney^ of
the proper county, or city, upon the request of the chief factory in
spector, or his assistant or deputy, to prosecute any violations of law
which it is made the duty of the said factory inspector to enforce.
Approved March 27, 1914.
Ch a p t e r
Ventilation.
333.—Inspection and regulation o f factories—Foundries.
S ection 1. Every person, firm or corporation employing men to
work in any foundry or molding shop, shall provide in each workroom
thereof, proper and sufficient means of ventilation, if excessive heat
or if steam, gases, vapors, dust, or other impurities that may be injuri
ous to health, be generated in the course of the manufacturing process
carried on therein, the said room must be ventilated in such a manner
as to disperse the said steam, gases, vapors, dust or other impurities,
and render them harmless. Such person, firm or corporation shall pro
vide such ventilation within thirty days after being notified by the
commissioner of labor, or other proper officer so to do, and upon refusal
or failure so to do shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined ten dollars for each day after the
expiration of the said thirty days, until such proper ventilation is pro
vided.
Approved March 27, 1914.
Ch a p t e r
Age limit.
339.—Employment o f children—General provisions.
S ection 1. Chapter three hundred and one of the acts of nineteen
hundred and eight, * * * [shall]. be amended and reenacted so
as to read as follows:
Section 1. No child under the age of fourteen years shall be em
ployed, permitted or suffered to work in any factory, workshop, mine,
mercantile establishment, laundry, bakery, brick or lumber yard, or
during school hours or after seven post meridian in the distribution,
transmission, or sale of merchandise.
LABOR LEGISLATION OF 1914----VIRGINIA.
213
Sec. 2 . No child under the age of sixteen years shall be employed, Working time,
permitted or suffered to work in, about or in connection with any estab
lishment or occupation named in section one ( 1 ) for more than six days
in any one week; (2) nor more than ten hours in any one day; (3) nor
before the hour of seven o’clock in the morning nor after the hour of Nightwork.
nine o’clock in the evening.
Sec. 3. No child under sixteen years of age shall be employed, per- Employment
mitted or suffered to work in, about or in connection with any estab- certmcateslishment or occupation named in section one unless the person, firm
or corporation employing such child procures and keeps on file and
accessible to any inspector of factories, or other authorized inspec
tor or officer charged with the enforcement of this act, the employ
ment certificate as hereinafter provided, issued to said child; and keeps
two complete lists of the names, together with the ages of all children Files,
under sixteen years of age employed 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 chil
dren are employed. On termination of the employment of a child
whose employment certificate is on file, such certificate shall be re
turned by the employer within two days to the official who issued the
same with a statement of the reasons for the termination of said employ
ment.
Such employment certificate shall be issued only by a notary pub- Issue of certifilic, in the city, town or village in which the child is to be employed, cates*
upon the application in person of the parent or guardian or custodian
of the child desiring such employment. The person authorized to
issue an employment certificate shall not issue such certificate until
he has received, examined, approved and filed evidence of age show
ing that the child is fourteen years old or upwards, which shall con
sist of one of the following proofs of age, ana shall be required in the
order herein designated as follows:
(a) A duly attested transcript of the birth certificates filed accord
ing to law with a registrar of vital statistics, or other officer charged
with the duty of recording births, which certificate shall be prima facie
evidence of the age of such child.
(b) A passport or a duly attested transcript of a certificate of baptism
showing the date of birth and place of baptism of such child.
(c) In case none of the above proofs of age can be produced, other
documentary evidence of age which shall appear to be satisfactory
to the officer issuing the certificate may be accepted in lieu thereof.
In such case a school census or school record, duly attested, may be
used as proof of age in the discretion of the officer issuing the certificate.
(d) In case no documentary proof of age of any kind can be pro
duced, the officer issuing the certificate may receive and file an affi
davit signed by the parent or guardian or custodian of the child which
shall contain the name, alleged age, place, and date of birth, and present
residence of the child, together with such further facts as may be of
assistance in determining the age of such child, and shall contain a
statement certifying that the parent, guardian or custodian signing
such application is unable to produce any of the documentary proofs
of age specified in the preceding subdivisions of this section.
Sec. 4. In cities having a population of five thousand or more, . Messenger servaccording to the census of nineteen hundred and ten, no child underlce*
the age of fourteen years shall be employed, permitted or suffered to
xxx i i i v u i o i i i u u t i v u j
u a u oiu x o ox v /u v i
u ^ /i i v v i v v i g w u o
\jx
auu
no child under eighteen years of age shall be so employed, permitted
or suffered to work between the hours of ten o’clock in the evening
and five o’clock in the morning.
Sec. 5. No boy under ten years of age and no girl under sixteen News boys and
years of age shall, in any city in this State of five thousand population g
or more, distribute, sell, expose, or offer for sale, newspapers, maga
zines, or other periodicals in any street or public place.
Sec. 6 . Any owner, superintendent, overseer, foreman or manager, Violations,
who shall knowingly employ or permit any child to be employed con
trary to the provisions of this act, in any factory, workshop, mercan
tile establishment or laundry, with which he is connected, or any
214
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
parent or guardian, who allows any such employment of his child or
ward, shall upon conviction of such offense be fined not less than
twenty-five dollars nor more than one hundred dollars.
Working fo r
But nothing in this act shall prevent a parent from working his or her
parents.
child in any factory, workshop, mercantile establishment or laundry,
or other place owned or operated by said parent, nor apply to persons
employed in factories engaged exclusively in packing fruits and vege
tables between July first and November first of each year.
E v i dence of
Any employment contrary to the provisions of this act shall be prima
^
facie evidence of guilt, both as to the employer and the parent or
Exemptions,
guardian of the child so employed: Provided, further, That nothing'
contained in this act shall aj>ply to mercantile establishments in towns
of less than two thousand inhabitants or in country districts: Pro
vided, however, That upon petition of the parent, guardian, or other
person interested in such cnild to the circuit or corporation court the
court may for good cause shown entered of record release any child,
between the ages of twelve and fourteen years, or the parent or guardian
of such child from the operation of this act.
Approved March 27, 1914.
WISCONSIN.
ORDERS OF THE INDUSTRIAL COMMISSION, 1914.
Elevators.
(Amended orders.)
400. All elevators except direct lift plunger elevators, must .stopping d e be equipped with an automatic device to catch the car in case it drops, vices*etcand if the travel of the car of a power-driven elevator exceeds fifteen
feet, a speed governor must be provided. Safety devices must be
tested for efficiency at least once each month. For elevators having a
car speed of 10 0 feet or less per minute, the minimum speed at which
the governor must act must be 150 feet per minute. For elevators Speed,
having a car speed of over 100 feet and up to and including 250 feet per
minute, the governor must be set to operate when the speed of the car
exceeds by 50 per cent the regular speed. On elevators having a
car speed of over 250 feet per minute the governor must be set to operate
when the speed of the car exceeds by 40 per cent the regular speed.
Such speed governors and safety devices must be put to a practical
running test, with full load on platform, on every new installation, and
a report of such test must be made by the owner of the elevator to the
industrial commission.
On catching devices, to which speed governors are hereafter attached,
the dogs or clamps of such catchmg devices must be attached to the
underside of the car platform.
Every type of safety device for catching the car if it drops must be Test*
subjected to an actual drop test with load two-thirds of capacity, such
test to be under the direction of the industrial commission.
Every such safety device hereafter installed must conform to the
standard types approved by such tests.
All power-driven elevators must be provided with automatic stops
which shall stop them at the lowest and at the highest landings inde
pendent of the operating cable or other device. All hand-power
elevators must have such limit stops at the top.
O r d e r 404. Ample light must be provided for all elevator cars and Lishtlandings.
All passenger and freight elevators and power-driven dumb waiters Signals,
must be equipped with a signal system, which is so arranged that it can
be operated without reaching into the hatchway.
O r d e r 405. All projections in elevator shafts such as floors, beams, Guards
in
sills and bolts, unless guarded against by the car inclosures, must be shafts*
provided with smooth beveled guards, fitted directly under such pro
jections so as to push any projecting portion of the body back into the
car instead of crushing it. This beveled guard must be set at an angle
of not less than 60 degrees with the floor level. On new installations,
the toe guards must be made of smooth metal not less than
inch in
thickness.
O r d e r 406. [Amendment provides that screens will not be required Screens,
on old installations of hand-power elevators when the gates at the
landings are brought down flush with the floor.]
O r d e r 407. [Amendment prohibits any elevator to have more than Compartments,
one compartment.]
O r d e r 409. The maximum safe-working load for all hoisting and Load,
counterweight cables must be not more than \ of the breaking load,
as given in the schedule of the cable manufacturer. Wherever steel
cables are installed a metal sign must be placed in a conspicuous posi
tion in the car to read as follows: This elevator is equipped with steel
cables and when hese cables are renewed steel cables must be used.
215
Order
216
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
O r d e r 412. All elevators requiring hoisting cables must be equipped
with not less than two hoisting cables. On old installations a single
hoisting cable will be permitted if the factor of safety is 1 0 .
Fastenings.
O r d e r 418. Where practicable, on elevators hereafter installed, each
hoisting and counterweight cable shall be independently fastened at its
terminal to the crosshead of the car frame or counterweight frame,
respectively.
Where adjustable draw bars or equalizers are required, the manu
facturer’s standard construction of such drawbars and equalizers for
the given condition of installation and type of apparatus shall be sub
mitted to the industrial commission for approval and only such
approved construction shall be used in similar cases.
In no case, however, on elevators hereafter installed shall more than
one cable be fastened into the same clevis or secured to a single
threaded drawbar.
Counterweights. O r d e r 422. [Amendment requires counterweights of elevators
already installed to be bolted or strapped together to keep the indi
vidual weights in position.]
Runways.
O r d e r 430. [Amendment requires the runways of only those cars
whose travel exceeds thirty-five feet to be inclosed ten feet down from
the top of the way, instead of all cars.]
Buffers.
O r d e r 434. [Amendment provides that oil buffers may be attached
to the bottom of the car instead of to a foundation in the pit, which is,
however, to be preferred.]
Maintenance.
O r d e r 437. [Amendment requires maintenance in good repair.]
O r d e r 438. [Amendment adds the^following:]
Screens.
On hand-power elevators hereafter installed when the top of the car is
not equipped with a screen, a screen or floor must be placed under the
overhead machinery, and cover the entire area under the frame. The
floor or screen must be so constructed as to provide safe access for inspec
tion and must be of sufficient strength to sustain a center load of 2 0 0
pounds. If a screen is used the mesh of same must not be greater than 1
inch. On old installations of hand-power elevators, when the car is not
equipped with a screen over the top, a floor or screen as above specified
under the overhead machinery must be provided when there is room.
Drive.
O r d e r 442. [Amendment forbids the use of chain or belt drives on
passenger elevators hereafter installed.]
Sheave guards.
O r d e r 446. [Amendment requires a guard to prevent the cables from
leaving the sheave if cables are not in tension around sheaves .J
B r a k e s and
O r d e r 448. All electric passenger elevators and all electric freight
switches.
elevators hereafter installed, whose speed exceeds 75 feet per minute,
must be equipped with an electric brake and an overload and no-voltage
circuit breaker, and must be provided with an emergency switch in the
car.
Such elevators must also be equipped with limit switches placed in
the hatchway and so constructed that should the car travel beyond the
normal limits at top or bottom, of the shaft, the current will be auto
matically cut off from the motor, the brake will be applied and the car
will be brought to a gradual stop.
Switches and fuses connected with electric elevators must be placed
in metal cabinets and near the machine.
When wires carrying current for light or power for the operation of the
elevator are run inside the hatchway, they must be in conduit.
Notice
O r d e r 450. [Amendment requires notice of material alterations or
changes.
new installations to be sent to the industrial commission.]
Cut-offs.
O r d e r 452. All power-driven elevators, where the cables wind around
a drum (except sidewalk lifts), must be equipped, with an efficient de
vice which will automatically shut off the power in case the cables be
come slack.
Window guards.
O r d e r 454. All outside windows in elevator shafts shall be protected
by guards of metal, covering the entire area of such windows. Such
guards shall consist of metal bars not less than £ inch in diameter, and
spaced not more than 3 inches on centers, or may be made of wire
screen of wire not less than % inch in diameter, with mesh not more
than 3 inches in diameter.
Two cables.
217
LABOR LEGISLATION OF 1914---- WISCONSIN.
Protection of employees on buildings.
O r d e r 3500. All lumber for scaffolds must be pine or equal. The Material for
span of commercial 2 -inch scaffold planks must not be greater than 8 feetsca ds*
between supports (except as below). One-inch boards (not less than
10 inches wide) may be used for spans not greater than 4 feet. Every
scaffold plank or board which does not project at least one foot beyond
the support, must be nailed to the support or must have a cleat or drop
bolt at the end to prevent slipping. Two-inch scaffold planks must
not cantilever more than 2 feet, and all such cantilevered planks must
be securely anchored. Every scaffold must be securely braced.
In the case of scaffolds for painting, paper hanging and similar light
work (but not for mason work, plastering or other work involving
heavy materials) the span of 2 -inch planks may exceed 8 feet if selected
planks are used which have been tested with a load at least three times
as great as the greatest loads which the planks are to carry.
O r d e r 3501. A substantial railing not less than 34 inches high must Railing,
be provided on all open sides of:
( 1 ) All swinging scaffolds (except riveters’scaffolds).
(2 ) All masons’ and* plastered scaffolds which are more than 10 feet
above the ground or floor (including a rail across all window openings
which extend more than 5 feet above the scaffold).
(3) All carpenters’ scaffolds used for wrecking or similar work.
(4) Every scaffold adjoining a floor opening must have a railing on
the side next the opening.
O r d e r 3502. The following scaffolds must be solid, that is, must cover Solid scaffolds,
the entire room or a section thereof, with planks not more than 2 inches
apart:
(1 ) All scaffolds over moving machinery or where any similar dan
gerous condition exists.
(2 ) Plasterers’ scaffolds (for ceiling work) if the scaffold is more than
1 2 feet above the floor.
O r d e r 3503. All openings in floors, whether such floors are temporary Railings at
or permanent, must be enclosed with substantial temporary railings not openmgs‘
less than 34 inches high. Such railings must be constructed by the
contractor who constructs the temporary or permanent floor, and must
be constructed as soon as the floor around the opening is put in place;
and must be left in place until the building is completed. Every scaf
fold adjoining a floor opening must have a railing on the side next to the
opening.
Order 3504. No contractor or employer shall permit workmen to work R a i l i n g s re-
on any floor of a building unless all openings in such floor are protected qu
by substantial railings.
*
O r d e r 3505. If any runway or scaffold is built across any floor opening, Alternative prothe entire opening must be completely planked over, unless all open vlslons*
sides of such runway or scaffold are protected with a solid enclosure at
least three feet high.
O r d e r 3506. Temporary ladders at an angle of not more than 75 de- Ladders,
grees with the horizontal, must be provided from floor to floor on all
buildings. On buildings of more than three stories, double ladders
must be provided. All such double ladders must be furnished by the
contractor who erects the structure and must be left in place until the
building is completed or until the permanent stairways are ready for
use. At least one stringer of every such single ladder, and at least two
stringers of every such double ladder, must be extended at least 3 feet
above the floor.
O r d e r 3507. Temporary ladders at an angle of not more than 75 de- Same subject,
grees with the horizontal must be provided on all stacks, isolated
towers, etc., except where conditions will not permit. Where the use
of a vertical ladder is unavoidable, a back support must be provided.
O r d e r 3508. Bell, whistle or electric signals must be provided for S i gn a l s for
platform elevators, concrete hoists, etc., and in all other cases wherever
s’ etc*
practicable.
O r d e r 3509. If two or more elevators are located in the same shaft,. T^o elevators
and one elevator is put into temporary service before the others are com- m s
pleted, then the elevator in use (together with its counterweights) must
be separated from the other elevators by a continuous partition. This
218
BULLETIN OF THE BUREAU OF LABOR STATISTICS,
partition must, either be solid or consist of a screen of not less than No. 1 0
wire (Washburn & Moen gauge) with not more than one inch openings.
Protection for
O r d e r 3510. Every hoisting engine, air compressor, concrete mixer,
engineers.
or 0 t}ier machine used in building construction, must be properly cov
ered over to protect the engineer from all falling material, unless the
horizontal distance from such machine to the nearest point where work
is being done is at least one-half the vertical height of such point above
the machine.
Engines to be
O r d e r 3511. All hoisting machines, irrespective of the motive power,
housed.
must be housed in from December 1 to March 1 , and at all other times
when the temperature is below freezing.
Temporary
O r d e r 3512. Temporary floors shall consist of not less than sound
floors*
commercial 2-inch lumber, with spans not greater than 8 feet. If beams
are more than 8 feet apart, temporary intermediate joists must be'provided of sufficient strength to carry a live load of 50 pounds per square
foot, with a factor of safety of 2 .
Planks must extend at least one foot past the support, or must be nailed
or otherwise securely fastened to prevent slipping. Planks must have
no unsupported projection greater than one foot.
Working floors.
O r d e r 3513. The working floor must be completely planked over,
leaving such openings as are reasonably necessary for hoisting material.
Lower floors.
O r d e r 3514. The floor one or two stories below the working floor must
be completely planked over (except openings for hoisting) and must
have a toe-board at least 1 0 inches high, at all outside edges.
Work on other
O r d e r 3515. If riveting or detail work is being done on any floor befloors*
low those already mentioned, then the floor one or two stories below
such work must be planked over, as in order 3514.
Who to furnish
O r d e r 3516. The temporary floors required in orders 3513 to 3515
floors.
must be furnished and laid by the steel contractor.
Rate of conO r d e r 3517. The permanent floor construction must be kept up
struction.
within four stories of the lowest temporary floor; or if this is not done
the contractor for such permanent floor construction must provide a
floor not more than four stories above the floor where he is working;
bat if the steel work has been completed and all loose material and
other movable objects have been removed, then such floor will not be
required.
Same subject.
O r d e r 3518. On all buildings of mill or ordinary construction which
do not have steel columns and beams, the wood floor or one layer thereof
must be completed not more than two stories below the highest masons’
scaffold.
Piling cement,
O r d e r 3519. Where sacks of cement or similar material are piled
etc*
more than 4 feet 6 inches high, the faces of the pile (except where sup
ported by walls or otherwise) must be steppedf so as to form an angle
of not more than 60 degrees with the horizontal; or the sacks must be
be piled in horizontal layers. The same conditions must be main
tained when the cement is being removed or used.
Inspection, etc., of steam boilers.
[Orders prescribing technical details of construction, materials, and tests are omitted.]
Pressure.
Appliances.
O r d e r 4000. No boiler shall be operated at a pressure in excess of the
safe working pressure allowed by the annual inspection certificate,
which pressure is to be ascertained by means of these orders.
Steam boilers shall be equipped with such appliances as will insure
safety of operation as hereinafter ordered.
Boilers on which the pressure is fifteen (15) pounds or less and boilers
of less than ten ( 1 0 ) horsepower which are exempt from inspection,
shall be fitted with such appliances to insure safety as hereinafter
prescribed.
A boiler in this State at the time these orders take effect, which does
not conform to the hereinafter orders, may be installed after a thorough
internal and external inspection and hydrostatic pressure test if
necessary.
No person shall remove or tamper with any safety appliance pre
scribed by the hereinafter orders, and no person shall in any manner
LABOR LEGISLATION OF 1914— WISCONSIN.
219
load the safety valve to greater pressure than that allowed by the cer
tificate of inspection.
In all cases boilers shall be so placed as to give ample room between Placing,
any ceiling, wall or partition to connect and operate any valves or
pipes or other fittings or connections used in such steam boilers.
Whoever owns, uses or causes to be used a boiler subject to inspec
tion, unless the same is under the periodically guaranteed inspection
of an insurance company conforming to these orders, shall report to the
industrial commission, on Jan. 1 st of each year, the location of such
boilers.
The owner or user of a boiler subject to inspection^ unless the same is
under the periodically guaranteed inspection of an insurance company
conforming to these orders, shall immediately notify the industrial
commission in case a defect affecting the safety of the boiler is dis
covered.
O r d e r 4001. A fee of $5 will be charged for each internal inspection, Fees,
and $ 2 for each external inspection, of a steam boiler when made by the
Industrial Commission of Wisconsin.
O r d e r 4002. All steam boilers operated in the State of Wisconsin, inspections,
except those exempt by order 4003 shall be subject to inspection
internally and externally-each year, except that an interval of fourteen
months may be allowed when necessary.
The owner or user of a boiler herein required to be inspected, shall,
after fourteen days’ notice, prepare the boiler for internal or external
inspection or hydrostatic pressure test if necessary. To prepare a
boiler for internal inspection the water shall be drawn and the boiler
thoroughly washed. All manhole and handhole covers and wash-out
plugs shall be removed and the furnace and combustion chamber thor
oughly cleaned.
O r d e r 4003. The following boilers are exempt from inspection by Exemptions,
the Industrial Commission of Wisconsin:
1 . Boilers under the jurisdiction of the United States. 2 . Boilers of
railroad locomotives. 3. Boilers on steam fire engines. 4. Boilers
used exclusively for agricultural purposes. 5. Boilers of ten (10)
horsepower or less. 6 . Boilers on which the pressure does not exceed
fifteen (15) pounds per square inch.
O r d e r 4004. All boilers subject to periodic inspection of insurance Insurance incompanies authorized to insure boilers in this State, are exempt from sp olls'
annual inspection by this commission on the following conditions:
The insurance companies’ regulations shall conform with the herein
after orders.
The companies’ inspectors who inspect boilers operated in this State
shall hold certificates of competency.
Reports of all inspections shall conform to the requirements of this
commission.
A copy of all reports shall be forwarded to this commission within
fourteen days after the inspection is made.
Insurance companies whose inspectors hold certificates of com
petency shall report to this commission the name of the owner or opera
tor, and the location of every boiler on which insurance has been refused,
canceled or discontinued, giving the reasons therefor.
O r d e r 4005. Railroads and others having boilers subject to inspec- Exemption obtion may have their boilers exempt from inspection by this commisssion m > 0Vf’
on th3 following conditions:
The boilers shall be installed, equipped with the fittings necessary to
safety, operated and inspect 3 d in accordance with the hereinafter
orders.
The boilers shall be subject to regular annual internal and external
inspections, by an inspector in the employ of the company whose chief
and principal duties shall be the inspection of steam boilers.
Reports of all inspections shall conform to the requirements of, and a
copy of the reports shall be forwarded to this commission within four
teen days after the inspections.
O r d e r 4006. An annual inspection certificate shall be issued by the Certificates,
induitrial commission in the name of the owner or operator of each
boiler operated, after a thorough internal and external inspection, to
220
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
ascertain if the boiler is in a safe operating condition, with the fittings
necessary to safety, and properly set up in accordance with the herein
after orders.
The annual inspection certificate shall be kept on file in the engine
or boiler room and at all times be made available when called for by a
deputy of this commission or an inspector holding a certificate of com
petency.
The annual inspection certificate shall state the allowable steam
pressure at which the boiler may be operated for one year after inspec
tion and no boiler shall be operated with a steam pressure in excess of
that allowed and stated in the certificate of inspection.
The annual certificate of inspection shall not be issued on a boiler not
found to be in a safe working condition, not provided with the fittings
necessary to safety, or with nttings not properly set up, as provided in
the hereinafter orders.
A boiler on which the certificate of inspection is withdrawn or with
held on account of being in an unsafe operating condition, shall not be
operated until altered to conform to the hereinafter orders.
No certificate or report of inspection by an inspector holding a certifi
cate of competency shall relieve the owner or operator of a steam boiler,
of the duty to use care himself in inspection, operation and repair of
said boiler, or of any liability for damages for his failure to inspect,
operate or repair said boiler safely.
Deputies.
O r d e r 4007. Deputies of the industrial commission may be ap
pointed, after passing such examinations as an advisory examining
board shall prescribe* and they shall receive certificates of competency.
Such deputies may be inspectors of insurance companies or others who
are found upon examination to be competent.
A certificate granted to an employee of an insurance or other company
shall be annulled on ceasing employment, but may be renewed without
examination. A certificate may be revoked at any time, subject to a
hearing by the commission if demanded by the deputy or the company
employing him.
Deputies holding certificates shall comply with the hereinafter orders,
and copies of reports on inspections shall be forwarded to the commis
sion within fourteen days after the inspection.
B o i l e r s not
O r d e r 4008. Boilers installed before September 1 , 1915, which do
standard.
not conform with the hereinafter orders may be operated after a thor
ough internal and external inspection, and a hydrostatic pressure test
if necessary. The pressure allowed on such boilers shall be ascer
tained by the orders in Part II of this book, and a certificate of inspec
tion shall be issued stating the pressure allowed on said boiler.
Boilers installed after September 1 , 1915 shall be inspected before
installed, and no boiler shall be installed after this date which does not
conform with the hereinafter orders.
Numbering.
O r d e r 4009. The owner or operator if [of] a steam boiler shall number
each boiler in some convenient and permanent manner.
Boilers installed after Sepember 1 , 1915, shall be stamped by the
builder with a serial number and his name in accordance with the
hereinafter orders.
Boilers installed after September 1 , 1915, shall conform with these
orders, be inspected before installed and stamped by an inspector
holding a certificate of competency.
Special types.
O r d e r 4010. Builders of special types of boilers subject to inspection
but not covered by the hereinafter orders shall forward to the industrial
commission blue prints and specifications of the type.
Board of boiler
O r d e r 4011. An advisory board of boiler rules appointed by the
ru
industrial commission without compensation, may hold hearings and
gather such information as will assist in the formation of recommenda
tions to the commission that will insure safety in the installation and
operation of steam boilers.
Safety valves.
Order 4123. Each boiler shall have one (1) or more safety valves.
Fusible plugs.
Order 4134. Every boiler shall have at least one fusible plug as
described in this order.
a. The plug shall be a brass bushing filled with pure tin. The least
diameter of the fusible metal shall not be less than one-half (i) inch,
except on boilers where the steam pressure exceeds one hundred and
LABOR LEGISLATION OF 1914---- WISCONSIN.
221
fifty (150) pounds, where the least diameter of the fusible metal may
be reduced to five-sixteenths (•&) of an inch. This plug shall be
located in the shell or drum, on a line with the lowest permissible water
level, and in the direct path of the products of combustion, as near the
primary combustion chamber as possible.
b.
Where a plug as described in (a) is impracticable, an acceptable
design of a low water alarm, containing a fusible plug made of a com
position which will be fused by contact with steam, may be used. A
design of this character shall be connected to a pipe passing through the
shell or drum, and having the inner end open but in no case projecting
below the lowest permissible water level.
O r d e r 4135. Each boiler shall have a steam gage connected to the Steam gauge,
steam space of the boiler by a syphon, or equivalent device, sufficiently
large to fill the gage tube with water, and in such manner that the steam
age can not be shut off from the boiler except by a cock with T or lever
andle, which shall be placed on the pipe near the steam gage.
O r d e r 4138. Each boiler shall have at least one (1) water glass, the Water glass,
lowest visible part of which shall be above the lowest safe water line.
O r d e r 4139. Each boiler shall have two (2) or more gage cocks, Gauge cocks,
located within the range of the visible length of water glass, when the
maximum pressure allowed does not exceed twenty-five (25) pounds
per square inch, except when such boiler has two (2 ) water glasses,
located not less than three (3) feet apart, on the same horizontal line.
O r d e r 4140. Each boiler shall have three (3) or more gage cocks, Same,
located within range of the visible length of water glass, when the
maximum pressure allowed exceeds twenty-five (25) pounds per
square inch, except when such boiler has two (2 ) water glasses, located
not less than three (3) feet apart, on the same horizontal line.
O r d e r 4141. Each boiler shall have a bottom blow-off pipe, fitted Blow-off.
with a valve or cock, in direct connection with the lowest water space
practicable. All fittings between boiler and blow-off valve exposed
to the products of combustion shall be of steel or semi-steel; all other
fittings and piping where pressures exceed 125 pounds shall be extra
heavy.
O r d e r 4142. Each boiler shall have a feed pipe fitted with a check Feedpipe,
valve, and also a stop valve or stop cock between the check valve and the
boiler, the feed water to discharge below the lowest safe water line.
Means must be provided for feeding a boiler with water against the
maximum pressure allowed on the boiler.
O r d e r 4143. Each steam outlet from a boiler (except safety valve Stop valve,
connections) shall be fitted with a stop valve.
O r d e r 4144. When a stop valve is so located that water can accumu Location.
late, ample drains shall be provided.
O r d e r 4145. When a damper regulator is used, the boiler pressure Pressure valv>pipe shall be fitted with a valve or cock, and shall be connected to the
steam space of the boiler, through loop or syphon when rubber dia
phragms are used.
O r d e r 4146. The main return pipe to a heating boiler (Gravity Check valve,
return system) shall have a check valve, and also a stop valve between
the check valve and the boiler.
O r d e r 4273. An elliptical manhole opening shall not be less than Manholes,
eleven by fifteen (11 x 15) inches in size.
A circular manhole opening shall not be less than fifteen (15) inches
in diameter.
A variation of one-half (J) inch in the above dimensions will be
allowed.
f
Inspection and regulation offactories, etc.
O r d e r 5000. This code shall apply to all new buildings and addi Application.
tions (except those exempted in Order 5006) for which contracts have
not been let before October 15, 1914.
O r d e r 5001. This code shall apply to all alterations which affect the Alterations.
structural strength, fire hazard, exits, lighting or sanitary condition of
any building (except those exempted in order 5006) for which contracts
have not been let before October 15, 1914. This does not include ordi
nary repairs necessary for the maintenance of any building.
222
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Change of use.
Order 5002. This code shall apply as far as possible to all buildings
which are to be devoted to a new use for which the requirements of this
code are in any way more stringent than the requirements covering the
previous use of the" building.
Obstructions.
O r d e r 5003. All provisions of this code relating to the obstruction of
aisles, corridors, passageways, doors, fire escapes, stairways, and other
means of egress shall apply to existing buildings as well as to new
buildings.
Fi r e escapes, O r d e r 5004. The specifications for fire escapes, fire ladders, and
standpipes, contained m Orders 5121-5135, shall apply to all fire escapes
hereafter constructed on existing buildings as well as on new buildings.
New installa- O r d e r 5005. Every new installation, and every repair exceeding 50
tions, etc.
per cent, of any roof covering, toilet room, boiler, furnace, or stove,
chimney or smoke pipe, motion-picture machine or booth, shall comply
with the corresponding requirements of this code.
Exemptions.
O r d e r 5006. This code does not apply to the following buildings:
(1 ) Private residences, and outbuildings in connection therewith,
such as barns, garages, etc.
(2) Flat buildings used as the residence of two families only, provided
not more than six persons are accommodated who are not members of the
family.
(3) Buildings used for agricultural purposes which’are not within the
corporate limits of a city or village.
(4) Temporary buildings or sheds used for construction purposes
only.
Exterior stair- O r d e r 5115. An exterior enclosed stairway shall be an enclosed
waysstairway which is entirely cut off from the building and which is
reached by means of open balconies or platforms. The entire stair en
closure, stairway balconies and balcony railings shall be made of incom
bustible material throughout. The wall separating the stairway from
the building shall not be pierced by any door, window, or other open
ing. In a fireproof building this wall should be built as prescribed fox
a Sandard fireproof enclosure (Order 5109) but without glass; in a nonfireproof building this wall shall be built as prescribed for an outside
wall (Orders 5304-5311). The doors leading from the building to the
balconies and from the balconies to the stairway shall be standard fire
doors, and all openings within 1 0 feet of any balcony shall be protected
with standard fire windows or standard fire doors. Each balcony shall
be covered at the top and shall be open on at least one side, with a rail
ing on all open sides not less than 3 ieet high. See Orders 5117-5119.
Interior stair- O r d e r 5116. An interior enclosed stairway shall be completely enwaysclosed with a standard fireproof enclosure (Order 5109); except that in
buildings of not more than three stories, such stairways may be enclosed
with semifireproof partitions (Order 5112). In any case, such enclosure
shall include at each floor level a portion of such floor which shall be at
least as wide as the stairway; and such enclosure shall also include the
passageway (if any) leading from the stairway to an outside door; so as
to afford uninterrupted passage from the uppermost floor to such outside
door, without leaving the enclosure. If windows are placed in such
enclosure (excepting in the outside wall), such windows shall be fixed.
Width of stair- O r d e r 5117. Every required stairway, whether enclosed or not, shall
waysbe at least 3 feet 8 inches wide, of which not more than 4 inches on each
side may be occupied by a handrail. Every platform shall be at least
as wide as the stairway, measuring at right angles to the direction of
travel. Every straight-run platform shall measure at least 3 feet in the
direction of travel. Wherever a door opens onto a stairway, a platform
shall be provided extending the full width of the door.
The width of any stairway shall be the clear distance between walls
or stringers, of which not more than 4 inches on each side may be occu
pied by a handrail.
Handrails.
O r d e r 5118. All stairways and steps of more than three risers shall
have at least one handrail. Stairways and steps 5 feet or more in
width, or open on both sides, shall have a handrail on each side.
Stairways more than 8 feet wide shall be divided by center rails into
widths not more than 8 feet nor less than 3 feet 8 inches. Center rails
shall have upper newel post at least 5 feet 6 inches high, or rail may be
turned down to the floor in a manner to prevent hindrance. Rails shall
LABOB LEGISLATION OP 1914---- WISCONSIN.
223
be not less than 2 feet 6 inches vertically above nose of treads or 3 feet
above platform.
O r d e r 5119. All stairways and steps nsed by the public or b y more . T r e a d s a a d
than 20 persons, shall have a uniform rise of not more than 7f inches nsers*
and a uniform tread of not less than 9J inches, measuring from tread to
tread, and from riser to riser; no winders shall be used; there shall not
be more than 18 risers between platforms or between floor and platform,
or not more than 2 2 risers from floor to floor with no platform; in stairs
used by the public (theaters, public assembly halls, retail stores,
schools, hotels, and similar buildings) there shall not be less than 3
risers between platforms or between floor and platform. Stairways or
steps not used by the public or by more than 2 0 persons, shall have a
uniform rise of not more than 8 inches and a uniform tread of not less
than 9 inches; if winders are used, the tread shall be at least 7 inches
wide at a point 1 foot from the narrow end.
O r d e r 5120. A horizontal exit shall be an opening through a stand- Exits,
ard fireproof partition (Order 5109) or wall which separates two build
ings or two divisions of a building; or an exterior balcony or bridge not
less than 3 feet 8 inches wide, connecting two buildings or two divisions
of a building. Every such opening shall be protected by a standard
fire door on each side of the wall, and the door on one side shall be selfclosing; the opening shall not exceed 48 square feet in area.
Every such balcony or bridge, together with its railings and its sup
porting brackets or beams, shall be constructed the same as specified
for fire escapes, (Orders 5123-5125, 5128) except that the floor may be
solid if the balcony or bridge is covered by an incombustible roof.
The floor shall not have a slope of more than one foot in five. All doors
and windows which open onto the balcony or bridge, or which are
within ten feet of the same, shall be standard fire doors or standard
fire windows; but if such doors and windows are in walls which are in
the same plane, then this requirement shall apply only to those doors
and windows which are within 5 feet of the dividing wall.
The floor on each side of a horizontal exit shall contain at least 3
square feet of unobstructed floor space per person, for all persons accom
modated on both sides of such exit; and shall contain at least one
stairway, which shall be enclosed if the building is more than two
stories high.
O r d e r 5121. Every fire escape shall be so located as to lead directly Fire escapes,
to a street, alley, or open court connected with a street.
Every fire escape shall be placed against a blank wall if possible.
If such location is not possible, then every wall opening which is less
than 6 feet distant from any riser of the fire escape shall be protected
by a standard fire door or standard fire window, except in the top
story.
O r d e r 5122. Every fire escape shall be accessible from a public Exits,
passageway through a standard exit door (Order 5132), except that a
door to an “ A ” fire escape may be not less than 2 feet 6 inches wide;
and except as follows:
For “ A ” fire escapes on existing buildings the doorsill may be not
more than 8 inches above the inside floor level, or may be higher if a
stair leads from the floor to the sill; or two windows may take the place
of such door if approved by the industrial commission. The sills of
such windows shall be not more than 18 inches above the fire escape
platform and shall be not more than 2 feet above the inside floor
level, unless a stair shall lead from the floor to the sill. Every such
window shall have the lower sash hinged so as to swing out, or hung
to raise, so as to provide a clear opening not less than 2 feet 6 inches
wide nor less than 2 feet 10 inches high. Hinged sash shall have
hardware the same as prescribed for doors (Order 5132). Sliding sash
shall have at least one bar sash lift.
O r d e r 5123. No other material than wrought iron or soft or medium Materials,
steel shall be used for any part of a fire escape, except for weights,
separators, and ornaments. Each part of every fire escape (except
counterweights for balanced stairways) shall be designed and con
structed to carry a live load of 10 0 pounds per square foot of horizontal
area over the entire fire escape. Each part of every fire escape shall
be designed and constructed in accordance with the requirements on
224
Platforms.
Brackets.
Stairways.
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
structural design (Order 5316), except that the unit stresses therein
specified shall be reduced by one-fourth. The minimum sections and
sizes specified below, shall be increased whenever necessary so that
under full load the allowable unit stresses will not be exceeded.
O r d e r 5124. Each platform of an “ A ” standard fire escape shall be
at least 28 inches wide; each platform of a “ B ” standard fire escape
shall be at least 3 feet 4 inches wide. Such widths shall be the clear
distance between stringers, measuring at the narrowest point. Each
platform shall extent [extend] at least 4 inches beyond the jambs of
exit openings. The above minimum widths and lengths shall be
increased, wherever necessary, so that no exit door or window will,
when open, block any part of the required width of the fire escape.
Every platform shall consist of either
( 1 ) Flat bars on edge, not less than 1 x J inch; but not less than
IJ x i inch where bolts and separators are used; bars shall be not
more than 1 J inches center to center.
(2 ) i-inch or f-inch square bars with sharp edge up, not more than
1 J inches center to center.
(3) f-inch round bars, not more than 1J inches center to center.
The platform frame shall consist of not less than 2 x f inch flat bars
on edge or equivalent, provided the brackets are not more than 4
feet apart. If brackets are more than 4 feet apart, the frame shall be
correspondingly stronger and stiffer. Every platform wider than 30
inches, if made of square or round bars, shall have a third frame bar
through the center; if made of flat bars, the platform shall have sepa
rators and bolts through the center.
There shall be a platform at each story above the first and interme
diate platforms if floors are more than 18 feet apart vertically.
Platforms shall not be more than 8 inches below the doorsill, or not
more than 18 inches below the sill of exit windows; see Order 5122.
O r d e r 5125. Brackets for a 28-inch or 30-inch platform, when spaced
not more than 4 feet apart, shall be made of not less than f-inch square
bars or 1 £ x 1 J x \ inch angles; such bars or angles shall be larger if
the platform is wider or if the brackets are farther apart. Each bracket
shall be fastened at the top, to the wall, by a through bolt (at least
{-inch diameter), nut, and washer (at least 4-inch diameter). The
slope of the lower bracket bar shall be not less than 30 degrees with the
horizontal. The lower bar shall have a washer or shoulder to give
sufficient bearing against the wall.
The strength of the wall to which brackets are to be attached shall
be carefully considered in determining the spacing, shape, and inside
connection of brackets, so that under full load the wall will not be
unduly strained.
Order 5126. Each stairway of an “ A ” standard fire escape shall be
at least 24 inches wide between stringers; such stairway shall have a
uniform rise of not more than 8 inches, and a uniform run of not less
than 8 inches.
Each stairway of a “ B ” standard fire escape shall be at least 3 feet 4
inches wide between stringers; such stairway shall have a uniform
rise of not more than 8 inches, and a uniform run of not less than 9
inches.
Stairway stringers shall consist of either
( 1 ) A 5-inch channel or larger.
(2 ) Two angles 2 x 2 x £ inch or larger.
(3) Two flat bars 2 x f inch or larger.
(4) One flat bar 6 x £ inch or larger.
If two angles or two flat bars are used, they shall be properly tied
together by lattice bars, vertical as well as horizontal. If flat bars are
used, every stairway of more than 1 0 risers shall have lateral bracing.
The connection of stringers to platform, at top and bottom, shall be at
least equal in strength to the stringers and shall safely carry the full
live and dead loads. If stringers are carried by intermediate brackets,
the stringers shall have a horizontal bearing on the brackets and shall
be properly and securely connected thereto.
# Treads shall consist of either flat or square bars, (not round), of the
size and spacing specified for platforms. An “ A ” standard tread shall
consist of at least six such bars. A “ B ” standard tread shall consist
LABOR LEGISLATION OF 1914— WISCONSIN.
225
of at least seven such bars. A “ B ” standard tread made of flat bars
shall have separators and bolt through the center. A “ B ” standard
tread made of square bars shall be trussed.
O r d e r 5127. A balanced stairway shall be provided for every fire Balanced stairescape which does not reach to the ground, excepting “ A” standard fire ways*
escapes which have a platform at least 3 feet long, not more than 10 feet
about [above] the ground. The balanced stairway shall conform to the
requirements for other stairways except that the stringers and the top
rail may be lighter if they are properly trussed. The counterbalancing
device shall be attached to both sides of the stairway equally, or a
special attachment shall be used to prevent warping or twisting. The
counterbalancing device shall operate gradually and easily as the live
load is applied.
O r d e r 5128. Railings shall be provided on all open sides of plat- Railings,
forms and stairways, and on both sides of balanced stairways. Railings
shall be at least 3 feet high, measuring vertically from floor of platform
or from nose of step.
Every railing shall have posts, not more than 5 feet apart, made of
not less than l| x 1 J x i inch angles or tees, or lj-inch pipe; top rail not
less than 1 J x 1 J x i inch angle or equivalent; center rail not less than
1 J x A fiat bar or equivalent. All connections shall be such as to make
the railing stiff; two bolts (| inch or larger) shall be used at the foot of
each post wherever possible, or at least one J-inch bolt shall be used.
Railings shall be continuous. No projections on the inside of the rail
ing shall be permitted. Where a railing returns to the wall, it shall be
fastened thereto with a through bolt (at least f diameter), nut, and
washer; or (in reinforced concrete) with an approved insert; or the
railing shall be made equally secure with a diagonal brace extending
at least 3 feet horizontally and 3 feet vertically.
All outside railings which are more than 60 feet above grade shall be
at least 6 feet high, measuring vertically from floor of platform or from
nose of step. Such railings shall be of special design approved by the
industrial commission, having not less than four longitudinal rails, and
vertical lattice bars not more than eight inches apart, and proper stiffen
ing braces or brackets.
O r d e r 5129. Every standard fire escape shall be provided with a Fire ladders.
standard fire ladder (Order 5134) leading from the upper platform to the
roof, unless the fire escape stairway leads to the roof.
O r d e r 5130. Sliding or chute fire escapes may be used, upon the Chutes.
approval of the industrial commission, in place of standard “ A” or “ B ”
fire escapes. Every sliding fire escape shall be provided with a stand
ard fire ladder extending from 5 feet above grade, to 4 feet above the
roof coping, and securely fastened to the platforms of the sliding fire
escape.
O r d e r 5131. An outside stairway with solid platforms and treads Outside stairmay serve as a fire escape if it is covered by a roof. Such stairways ways*
shall be built of incombustible material and be protected as specified
in order 5121, except as otherwise provided.
O r d e r 5132. Every door which serves as a required exit from a Exit doors.
public passageway or stairway, or which forms a horizontal exit, shall
be a standard exit door.
Every standard exit door shall swing outward or toward the natural
means of egress (except as below and as in Orders 5406, 5712). It shall
be level with the floor (except for “ A” fire escapes on existing build
ings). It shall be so hung that, when open, it will not block any part
of the required width of any other doorway, passageway, stairway, or
fire escape. No revolving door, (unless collapsible) and no sliding door,
(except where it opens onto a stairway enclosure, or serves as a hori
zontal exit) shall be considered as a standard exit door.
A standard exit door shall have such fastenings or hardware that it
can be opened from the inside without using a key, by pushing against
a single bar or plate, or turning a single knob or handle; it shall not be
locked, jarred, or bolted at any time while the building is occupied.
3 feet 4 inches wide, except where especially provided (Orders 5512,
5607,5712). No such doorway or group of doorways shall be more than
73734°— Bull. 166— 15-------15
226
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
6 inches narrower than the required width of the stairway or passage
Exits.
Areas.
way leading thereto.
Over every emergency exit door, and over every exit door where
other doors or openings may cause confusion, a sign shall be placed
bearing the word “ Exit” or “ Out” in plain letters not less than 5
inches high. Red lights shall be provided over all such exits which
are liable to be used at night.
O r d e r 5133. Every exit mentioned in Orders 5115-5132 shall lead
to a street, alley or open court connected with a street. All such
exits, and all passageways leading to and from the same, shall be kept
unobstructed at all times.
O r d e r 5202. The maximum undivided floor area in any building
more than one story in height shall be as follows:
Fireproof construction.......................................... 18,000 square feet
Mill construction................................................... 10,000 square feet
Ordinary construction.......................................... 7,500 square feet
Frame buildings................................................... 5,000 square feet
The areas in the foregoing table may be increased as follows:
In two-story buildings, by 50 per cent.
In buildings equipped with an approved automatic sprinkler system,
by 30 per cent.
In buildings fronting on at least three streets, or two streets and an
alley, by 2 0 per cent.
Every such increase shall be computed on the original maximum
area. The increases are cumulative.
Where a dividing wall is required in any building, such wall shall
be of solid incombustible fire resisting material of the same thickness
as required for enclosing walls (Orders 5304-5310); and shall be con
tinuous from the foundation to the roof, in a fireproof building, or to
3 feet above the roof in a nonfireproof building. Each opening in a
division wall shall have a standard fire door on each side of the wall.
Windows.
O r d e r 5203. Every room in which one or more persons live, sleep,
or are employed, (except storage rooms or other rooms where the nature
of the occupancy will not permit) shall be lighted by a window or win
dows opening directly upon a street or alley or upon a court on the
same lot with the building. The windows shall be so constructed and
distributed as to afford proper light and ventilation. Every building
more than 40 feet deep (measuring at right angles to the windows) shall
have windows on at least two sides.
Oil lamps.
O r d e r 5224. Oil lamps shall not be used when gas or electricity is
available, except in private apartments.
Gas and oil lights shall be placed at least 6 feet above the floor level,
at least one foot from any combustible partition or wall, and at least
3 feet below any combustible ceiling unless properly protected by a
metal hood. Every such light shall be rigidly supported. In aisles
and public passageways, every such light shall be protected by an
incombustible guard unless the light is at least 6 feet 6 inches above
the floor.
Every gas supply main shall have a service cock outside of the
building, so placed and maintained that it can be shut off at any time
without entering the building.
Electrical work.
O r d e r 5225. All electrical work shall conform to the “ 1913 National
Electrical Code” (on file at the office of the industrial commission)
except where the same conflicts with any order of the industrial com
mission.
Scope of dassiO r d e r 5400. Under this classification are included all factories and
fication.
workshops (including all places where manual labor is employed),
office buildings, telegraph and telephone offices, mercantile estab
lishments where commodities are bought or sold, restaurants, ware
houses, railroad stations, and exhibition buildings.
Exits.
O r d e r 5401. At least one-half of the exits hereinafter required in
building[s] of more than one story, shall be exterior or interior enclosed
stairways (Orders 5115-5119), except that in two-story buildings such
stairways need not be enclosed. The remaining exits shall be either
such stairways, or horizontal exits (Order 5120); or fire escapes (Orders
LABOR LEGISLATION OF 1914— WISCONSIN.
227
5121-5131) may be used as exits from floors whicli are not more than 60
feet above grade, and also from floors whicli are not more than 90 feet
above grade in the case of fireproof office buildings or fireproof build
ings where such floors are used for storage only. Every fire escape
which accommodates more than 50 persons on any floor above the
second shall be a “ B ” fire escape. Every building which accommo
dates more than 50 persons above the second floor shall have at least
two exits other than fire escapes, excepting fireproof office buildings
and other fireproof buildings whose contents are entirely or almost
entirely incombustible, providing such building does not exceed 7,000
square feet in floor area at the third floor.
One stairway may serve as an exit for two divisions of a building
providing each section has a door opening directly into the stairway
encloseure [enclosure]: Provided, Each division shall have at least
two means of reaching the ground, either directly or indirectly.
The basement shall have at least one exit leading directly to the
outside.
O r d e r 5402. The number and location of exits shall be such that Distance beeach part of every building will be not more than 75 feet distant from tweenexltsan exit, measuring along public passageways and aisles; but such dis
tances may be increased to 10 0 feet m the following buildings, pro
viding no hazardous condition exists therein:
(1) Fireproof buildings whose contents are entirely or almost entirely
incombustible;
(2 ) Fireproof office buildings;
(3) Fireproof storage warehouses with fireproof individual compart
ments;
(4) Fireproof or mill constructed buildings having an approved
automatic sprinkler system, provided the contents are not especially
inflammable.
Exits shall be so located as to afford the best possible egress.
O r d e r 5403. Each story of every building or division of a building Number of exshall have at least two exits placed as far apart as practicable, with the
following exemptions:
( 1 ) First and second story rooms used only for storage and not more
than 2 ,0 0 0 sq. ft. in area;
(2) A two-story office and mercantile building not larger than 2,000
sq. ft. in ground area: Provided, The second floor is used only for offices
and is not more than 16 feet above the grade, and there is no special
hazard in the first floor or basement; and the stairway leads directly to
the outside, is enclosed with fireproof or semifireproof partitions, has
no connection with the basement, and is not over or near any boiler
or furnace unless separated therefrom by fireproof construction.
(3) In any two-story building of this classification, not greater than
2 ,0 0 0 square feet in area at the second floor, one inside stairway and
one outside covered wooden stairway will be considered to comply
with this order. *(This forms an exception to Order 5131, where out
side stairways are required to be incombustible.)
O r d e r 5404. In a building not provided with horizontal exits, the Width of stairtotal width of stairways shall be not less than the following:
ways.
In ordinary or frame buildings, 60 inches per 100 persons.
In fireproof and mill buildings:
Mill
Fireproof Fireproof
not
sprinksprrnk- sprinkfered.
lered.
lered.
P lu s...
Plus...
P lus...
Plu s...
P lu s...
P lus...
Mill not
sprinklered.
in. per 100persons on 2d floor,
in. per 100 persons on 3d floor,
in. per 100 persons on 4th floor,
in. per 100 persons on 5th floor,
12
9
12 in. per 100 persons on 6th floor,
8
6
4
3
6 in. per 100 persons on 7th floor,
0 in. per 100 persons on 8th floor and
0
0
but; in no case shall such total widt h be less than above.
60 |1in. per 100persons on any one floor.
30 |
»|
30
15
12
40
50
25
20
20
15
10
5
0
16
1
“I
60
30
24
18
228
BULLETIN OF THE BUREAU OF LABOR STATISTICS,
Standard fire escapes (Orders 5121-5131) may be substituted for
stairways to the extent of not more than one-third of the required total
width, subject to the provisions of Order 5401.
If horizontal exits (Order 5120), are provided for any floor, the number
of persons accommodated on such floor may be increased at the rate
of 10 0 persons for each 40 inches width of such exits: Provided, Such
increase shall not exceed 10 0 per cent of the number of persons
accommodated by the stairways.
Boors.
O r d e r 5406. Every door which serves as an exit from a room accom
modating more than ten persons (as well as doors which are exits from
public passageways or stairways) shall be a standard exit door as defined
m Order 5132; except that such exit door need not swing outward if it
accommodates less than 25 persons and is not located at the foot of a
stairway, and is not more than four risers above the outside grade.
Passageways.
O r d e r 5407. Every public passageway or aisle leading to or from a
stairway, fire escape, or exit door, shall conform in width to the rule for
width of stairways. (Order 5404). The required width shall be kept
clear and unobstructed at all times. Where loose chairs or seats would
be liable to cause confusion or obstruction, such chairs or seats must be
fastened.
Access to roof.
O r d e r 5408. Every building or section of a building two stories or
more in height shall have a permanent means of access to the roof from
the inside. The opening shall be not less than 20 by 30 inches and there
shall be a permanent ladder or stairway leading thereto.
Guards at floor
O r d e r 5409. Every opening through any floor shall be guarded by
openings.
a substantial enclosure or rail at least 3 feet high. Floor openings in
buildings of more than two stories, unless enclosed with standard fire
proof enclosures shall be protected by standard fire doors, except that
two stories may be connected by openings without fire doors if their
combined floor area does not exceed the permissible floor area according
to Order 5202.
Lights.
O r d e r 5410. All passageways and stairs when used at night shall
have lights at the head and foot of each flight of stairs, and at the inter
sections of all corridors and passageways. Where “ B ” fire escapes are
required, such fire escapes shall be lighted whenever the stairways are
required to be lighted. For red exit lights see Order 5132.
All gas jets or gas lights in factories or workshops where combustible
material is used, shall be properly inclosed by globes or wire cages, or
otherwise properly guarded.
Alarms.
O r d e r 5413. A proper alarm or gongs, which can be operated from
any floor and can be heard throughout the building, shall be provided
in every building of more than two stories, except the following (pro
vided no hazardous condition exists therein): (1 ) fireproof buildings
whose contents are (entirely or almost entirely) incombustible; (2 ) fire
proof office buildings; (3) three-story nonfireproof office buildings; (4)
fireproof storage warehouses with fireproof individual compartments.
Every alarm system shall be tested at least once each week.
Load.
O r d e r 5414. In every factory, workshop, warehouse, or other build
ing where material is piled, notices of a permanent character shall be
painted or otherwise prominently displayed, stating the live load
(pounds per square foot) which the floor is designed to carry. Such
notices shall be in plain letters at least 8 inches high and shall be placed
in full view, on each floor, near each stairway and elevator.
Number of perO r d e r 5415. In all buildings of this classification where 50 or more
ersons are accommodated on any floor above the second, notices shall
e prominently displayed stating the minimum number of persons on
each floor for whom stairways and other exits have been provided ac
cording to Orders 5401-5405. The size and location of such notices shall
be the same as required for floor load notices.
RULES OF THE INDUSTRIAL COMMISSION, 1914.
Employment offices.
Data required.
R ule 1. All employment agents whether charging fees for their serv
ices or not shall file with the industrial commission a statement giving
the following information:
LABOR LEGISLATION OF 1914---- WISCONSIN.
229
Name of Agency. Located at. In the City of. Name of Owner.
If engaged in other business, state nature of same. If a partnership,
names of members. If a Corporation, names of President, Secretary,
Treasurer.
R u le 2. No employment agent, whether licensed or unlicensed shall Acts forbidden,
send or cause to be sent any help or person to any place of bad repute,
house of ill fame or other place resorted to for the purpose of prostitution
or gambling, the character of which might be ascertained by the em
ployment agent on reasonable inquiry. No employment agent shall
knowingly permit any prostitute, gambler, intoxicated person, procurer
or other bad character to enter or remain in the office or place of business
of such employment agent.
R ule 3. No employment agent shall locate his place of business in a Location,
saloon, or in connection with any premises where intoxicating liquors
are sold; and the office or place of business of no employment agent shall
be located in rooms where boarders are kept or where meals are served
or persons sleep.
R ule 4. All employment agents shall keep a register or record in a
form approved by the industrial commission, of all accepted applications
for employment and for help, of all persons referred to employers, whether
they were hired or not, and if a fee has been paid the amount of such fee.
R ule 5. On the last day of every month every employment agent Reports,
shall send to the industrial commission at Madison a report, in such
form as the commission may prescribe, giving the number of applica
tions for employment and for help and the number of positions filled
during that month by industries and occupations.
R u l e 6 . N o employment agent shall offer or hold himself out as in a Orders required,
position to secure or furnish employment without having an order there
for from an employer * * * (section 2394-83). Every employ
ment agent who sends an applicant for employment to apply for the
same outside of the city in which the employment office is located shall
have a written order from the employer, giving his name and address,
the number and the kind of workers wanted, the probable duration of
the employment, the rate of wages, whether a strike is on at the place
where the men ara wanted, and what the price of board and lodging is if
these are furnished by the employer or if he deducts the cost of these
from the wages: Provided, however, That an employment agent may
send applicants out of town in response to a telephone order if the
employer promises to confirm the order in writing within two days.
R u l e 7. Every employment agent who sends any applicant for em- Sending appiiployment to apply for a position at any place outside of the city or town cants out oftownm which tha office of the employment agent is located shall give to such
applicant a card or letter stating the name and address of the person to
whom the applicant is referred, the kind of work supposed to be obtain
able, the name of the applicant for the position, the probable duration
of employment, the rate of wages to be paid by the employer, the price
of board and lodging if these are to be deducted from the earnings, the
cost of transportation to the employment and by whom it is to be paid,
and any other deductions that are to be made from the earnings. In
case of a strike or lockout the card or letter shall also state this fact.
Nothing contained herein shall prevent any employment agent from
referring an applicant for employment to a place of possible employ
ment by means of the telephone, and without any card or letter, in any
case where prompt action is necessary: Provided, That in every sucn
case the information that is required to be stated in such card or letter
shall be communicated in writing to such applicant as soon as is reason
ably possible.
B u l e 8. Whenever any employment agent induces a person to come Expenses to be
to a city from a distance on the promise of a position, or whenever any paid*
employment agent sends a person to a distant place outside of the city
where his office is located, if the applicant fails to secure employment
through no fault of his own, the employment agent shall pay all the
necessary expenses incurred by such person: Provided, however, That
the employment agent shall not be liable for these expenses if he has
informed the applicant in writing that the applicant travels at his own
risk.
230
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
R ule 9. No employment agent and no employee or agent of any
employment agent shall publish or circulate or cause to be published
or circulated any false or misleading advertisement, notice or statement
in any newspaper or other publication, or by means of cards or circulars;
or make any false statement or representation in connection with the
business of such employment agent to any person seeking employment
or to any employer seeking help, or make any false entry or statement
in any record or in any receipt or other document used in the business
of such employment agent; or pay, rebate, or remit to any employer or
agent of any employer any part of a fee or any sum or valuable consider
ation of any kind in connection with the employment of any employee.
Inducing disR ule 10 . No employment agent shall persuade, induce, or procure,
charge.
or attempt to persuade, induce or procure any employer or agent of any
employer to discharge any employee; or persuade or induce any em
ployee to break a contract with his employer,
Law to be R ule 11. Every employment agent shall keep posted in a conspicu
posted.
ous place in every room of his office printed copies of the law regulating
employment agents, together with any rules and regulations for the
government of such agents issued by the industrial commission in
pursuance of the law.
Licenses.
R u le 12. The industrial commission will upon application, license
suitable persons to operate as employment agents and charge fees for
Applications, their services. Applications for such license must be in writing and
must contain the name and address of the applicant, the street and
number of the building in which the office of the employment agent is
to be located, the name of the person who is to have the general manage
ment of the office, the name under which the business is to be carried
on, whether or not the applicant is pecuniarily interested in any other
business or businesses, the nature of the same and where they are
carried on. Said application must also state that the applicant is the
only person pecuniarily interested in the business to be carried on under
the license and shall be signed by the applicant and sworn to before a
justice of the peace or a notary public. If the applicant is a corpora
tion the application shall also state the names and addresses of the
officers and shall be signed and sworn to by the president, secretary,
and treasurer thereof. If the applicant is a partnership the names and
addresses of all the partners shall be given and the application shall
be signed by all of them. If a license to place women employees
exclusively is desired the application shall so state.
Investigation.
R ule 13. Upon the filing of an application as provided above, the
industrial commission will cause an investigation to be made as to the
character of the applicant or applicants, of the person who is to have
general management of the business, and as to the location of the place
of business. The application will be rejected if it is found that any
of the persons named in the application is not of good moral character,
or that any of said persons has previously been a licensed employment
agent, or manager or employee of the same and whose license has been
revoked or refused, or that the employment office is to be located upon
premises on which intoxicating liquors are sold, or if there is any false
statement in the application, or if there is any good and sufficient
reason for rejecting said application within the meaning and purpose of
sections 2394-82 to 2394-95 of the statutes.
Period of li- R u le 14. Every license will continue to be in force until the 30th
5nse*
day of June next ensuing the date thereof, unless sooner revoked for
cause by the industrial commission, and will be renewed annually
upon the payment of the proper license fee and the filing of a new bond,
unless the industrial commission shall refuse to issue a license for any
of the reasons given in these rules.
Violations.
R u le 15. When the industrial commission shall find that the licensee
or his agent has violated any of the provisions of sections 2394-82 to
2394-95 of the statutes, or has violated any lawful rules and orders of
the commission issued under the authority of these sections, or has
acted dishonestly in connection with his business, or has improperly
attempted to conduct his business in such a manner as to cause frequent
vacancies in employment for the purpose of increasing the number of
fees earned by him, or that any other good and sufficient reason exists
Advertisements.
LABOR LEGISLATION OF 1914— WISCONSIN.
231
within the meaning of the sections of the statutes above referred to,
the commission will revoke said license, or refuse to grant a new license
to the licensee upon the termination thereof. A written notice will be
given to such a licensee specifying the charges against him and he will
be afforded an opportunity, if he requests, to disprove or explain the
charges.
R u l e 16. No license issued by the industrial commission can be Transfer of litransferred or made to inure to the benefit of any person other than the cense*
licensee. (Section 2394-86). Licensed employment agents, however,
will be permitted to admit partners to the business or new officers of
the corporation under the following conditions. No licensee shall
permit any person not mentioned in the application for the license to
become connected with the business, either as a partner, or as general
manager, or as president or treasurer of a licensed corporation, unless
the written consent of the industrial commission shall first be obtained.
Such consent may be withheld for any reason for which an original
application might have been rejected if the person in question had
been mentioned therein.
R ule 17. No licensee shall open, conduct or maintain an office at change of locaany other place than that specified in the license without first obtaining n'
the written consent of the industrial commission. Such consent may
be withheld for any reason for which an original application might have
been rejected if such place had been mentioned therein.
R ule 18. Every licensed employment agent shall post his license L?^nse t0 be
and keep in a conspicuous place in every room of his office copies o f p
chapter 663, Laws of 1913, together with all rules and orders of the
industrial commission issued in pursuance thereof; and further shall
post on his outside door or window a sign with his name and the fact
that he is a licensed employment agent thereon. All stationary [sta
tionery] and advertising matter, shall likewise contain the name of the
employment agent and a statement that he is licensed.
R ule 19. Every licensed employment agent shall post in a conspicu- Rates to be
ous place in every room of his office copies of the schedule of rates or p
*
fees required to be filed with the industrial commission in accordance
with section 2394-92 of the statutes. This schedule must show the fees
to be charged both to employers and to employees for all kinds of
employment as to which the licensee proposes to act as employment
agent. It must show also to what extent, if at all, such fees for each
kind of employment are to vary with the rate of wages received by the
employee or with tha duration of the employment obtained. If differ
ent fees are to be ..charged for male and female employees, the rates for
each sex shall be clearly stated. The schedules so posted may be
changed at any time provided that a copy of such changes is filed with
the industrial commission before such changes are posted or acted upon.
R u le 20. (a) No employment agent shall charge a registration fee hWh®
m ay
without permission from the industrial commission. (Section 2394-92).
rge
•
This rule shall not apply to licensees who act as employment agents
only with reference to teachers and other employees of educational
institutions, and with reference to trained nurses.
- (b) All other licensed employment agents may charge a fee to any
employer, who applies for an employee or employees for each employee
applied for, at or after the time of such application; but no fee shall
be collected from any employee who applies to a licensed agent for
employment until said employee actually enters upon the duties of the
employment secured through the agency of the licensee, or at the time
when an applicant for employment is sent to apply for work to an
employer or at or after the time when an applicant for employment is
engaged by an employer at the office of the licensee.
R ule 21. Every employment agent who uses a written contract in F i l i n g c o a in his business shall file with the industrial commission the form o f tracts*
contract into which the licensee proposes to enter with persons apply
ing to him for employment, for the written approval of the industrial
commission and shall not act as employment agent for any person seek
ing employment except in accordance with the terms of such approved
form of contract. If the industrial commission shall find that such
contract is unfair, or oppressive, the commission may direct certain
232
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
changes to be made and upon failure of the licensee to comply with
such an order within thirty days of its issuance, the commission may
revoke the license of the employment agent. The contract may be
changed from time to time, but no such change shall be acted upon
until a new copy showing such changes has been filed with the indus
trial commission.
Receipts.
R ule 22. (a) Every licensed employment agent shall give to every
person from whom a fee is received for service rendered or assistance
given by such licensee a receipt stating the name of the person paying
the fee, the amount of the fee, the date of the payment and for what it
is paid; and if the employment agent shall furnish transportation for
any employee to his place of employment, the amount, if any, col
lected from such employee to cover the expense of such transportation
shall be stated in such receipt, separate from the amount of the fee.
(b) Upon every receipt so given shall be printed a statement that
complaints against the employment agent may be made to the Indus
trial Commission of Wisconsin at Madison.
Fee to be reR ule 23. If an employee shall not obtain employment at the place
funded.
to which he is sent by a licensee to apply for the same, or after being
engaged by an employer shall not be permitted by said employer to
go to work, the whole amount of the fee paid by said employee, shall
be refunded; but if an employee so engaged shall fail without a legal
excuse to enter upon the duties of such employment, or shall be law
fully excluded therefrom by reason of his own fault or misconduct, he
shall forfeit the fee paid by him.
Forfeiture of
R ule 24. If an applicant for employment is referred to an employer
Iee*
to apply for the same and he fails to report to such employer without
giving reasonable notice to the employment agent he shall forfeit the
whole amount of the fee; but if an applicant fails to appear at a railroad
station or other designated meeting place from which he is to be sent
to an employer the employment agent need not refund the fee, but he
shall get another position for the applicant.
Temporary emR ule 25. If an employment agent has different charges for tempioyment.
porary and for permanent positions, when an employee is hired for a
permanent position and pays a fee accordingly he shall, if the work
in question lasts less than seven weeks, be refunded so much of his fee
as to leave in the hands of the employment agent no more than the
scheduled fee for temporary positions.
Securing other
R ule 26 . If an employment agent refers an employee to an employer
position.
for a definite position and the applicant fails to secure that position,
but instead gets another from the same employer, the employment
agent shall be entitled to the fee that he would charge for the position
secured if the applicant had been referred to it in the first place.
I n f or ma t i on
R ule 27. If an employee is first referred to a position by an employirom other source. meri^ agen t and later receives information about the same position
from another source the employment agent shall be entitled to his
regular fee for the position.
WYOMING.
CONSTITUTION.
A r t i c l e 10.— L i a b i l i t y o f e m p lo y e rs f o r in j u r i e s to e m p lo y e e s — W o r k
m e n 's c o m p e n s a tio n .
S ection 4 (as amended, 1914). No law shall be enacted limiting the Damages for
amount of damages to be recovered for causing the injury or death of injuries.
any person. Any contract or agreement with any employee waiving
any right to recover damages for causing the death or injury of any
employee shall be void.
As to all extrahazardous employments the legislature shall provide Compensation
by law for the accumulation and maintenance of a fund or funas out of fund.
which shall be paid compensation as may be fixed by law according to
proper classifications to each person injured in such employment or to
the dependent families of such as die as the result of such injuries,
except in case of injuries due solely to the culpable negligence of the
injured employee. Such fund or funds shall be accumulated, paid into
the State treasury and maintained in such manner as may be provided
by law. The right of each employee to compensation from such fund
shall be in lieu of and shall take the place of any and all rights of action
against any employer contributing as required by law to such fund in
favor of any person or persons by reason of any such injuries or death.
Amendment adopted Nov. 3,1914.
233
UNITED STATES,
ACTS OF 1914— 63d CONGRESS, SECOND SESSION.
Antitrust laws—Labor organizations exempt.
(Public No. 161.)
S e c t io n 1
*
*
*
Under the Department of Justice * * * [the following is appro- Enforcement of
priated]: For the enforcement of antitrust laws, including not exceed-law*
mg $15,000 for salaries of necessary employees at the seat of government,
$300,000: Provided, however, That no part of this money shall be spent Exemption,
in the prosecution of any organization or individual for entering into
any combination or agreement having in view the increasing of wages,
shortening of hours, or bettering the conditions of labor, or for any act
done in furtherance thereof, not in itself unlawful: * * *
Approved August 1 , 1914.
Antitrust laws—Labor organizations exempt— Injunctions— Picketing—
Strike benefits.
(Public No. 212.)
S ection 6 . The labor of a human being is not a commodity or article Exemptions,
of commerce. Nothing contained in the antitrust laws shall be con
strued to forbid the existence and operation of labor, agricultural, or
horticultural organizations, instituted for the purposes of mutual help,
and not having capital stock or conducted for profit, or to forbid or
restrain individual members of such organizations from lawfully carry
ing out the legitimate objects thereof; nor shall such organizations, or
the members thereof, be held or construed to be illegal combinations or
conspiracies in restraint of trade, under the antitrust laws.
S e c. 19. Every order of injunction or restraining order shall set forth Injunctions to
the reasons for the issuance of the same, shall be specific in terms, and sPecificshall describe in reasonable detail, and not by reference to the bill of
complaint or other document, the act or acts sought to be restrained,
and shall be binding only upon the parties to the suit, their officers,
agents, servants, employees, and attorneys, or those in active concert
or participating with them, and who shall, by personal service or
otherwise, have received actual notice of the same.
S e c . 2 0 . No-restraining order or injunction shall be granted by any . Restrictions on
court of the United States, or a judge or the judges thereof, in any case lssue*
between an employer and employees, or between employers and
employees, or between employees, or between persons employed and
persons seeking employment, involving, or growing out of, a dispute
concerning terms or conditions of employment, unless necessary to
prevent irreparable injury to property, or to a property right, of the
party making the application, for which injury there is no adequate
remedy at law, and such property or property right must be described
with particularity in the application, which must be in writing and
sworn to by the applicant or by his agent or attorney.
And no such restraining order or injunction shall prohibit any per- Strikes,
son or persons, whether singly or in concert, from terminating any
relation of employment, or from ceasing to perform any work or labor,
or from recommending, advising, or persuading others by peaceful
means so to do; or from attending at any place where any such person Picketing,
or persons may lawfully be, for the purpose of peacefully obtaining or
communicating information, or from peacefully persuading any person
to work or to abstain from working; or from ceasing to patronize or Boycotting.
235
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
to employ any party to such dispute, or from recommending, advis
ing, or persuading others by peaceful and lawful means so to do; or
from paying or giving to, or withholding from, any person engaged in
benefits, such dispute, any strike benefits or other moneys or things of value;
or from peaceably assembling in a lawful manner, and for lawful pur
poses; or from doing any act or thing which might lawfully be done
m the absence of such dispute by any party thereto; nor shall any of
the acts specified in this paragraph be considered or held to be vio
lations of any law of the United States.
Approved October 15,1914.
CANAL ZONE.
EXECUTIVE ORDER.
Compensation to workmen for injuries.
By virtue of the authority vested in me by section 5 of the Panama Basis of °*der.
Canal act, approved August 24, 1912, directing the President to “ pro
vide a method for the determination and adjustment of all claims
arising out of personal injuries to employees thereafter occurring while
directly engaged in actual work in connection with the construction,
maintenance, operation or sanitation of the canal, or of the Panama
Railroad, or of 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 tnerefor,” I hereby establish the following
order:
S e c t io n 1 . The United States or the Panama Railroad Company Who to receive
shall pay compensation as hereinafter specified for personal injuries to compen
their respective employees occurring on and after April 1 , 1914, while
such employees are directly engaged in actual work in connection with
the construction, maintenance, operation or sanitation of the Panama
Canal, or of the Panama Railroad, or of any auxiliary canals, locks or
other works necessary and convenient for the construction, mainte
nance, operation or sanitation of the Panama Canal, whether such
injuries result in death or not: Provided, however, That no compen
sation shall be paid to any employee for any injury occurring to himself,
nor shall any compensation be paid to his legal representatives or other
erson in the event of his death, if such injury or death occurred to
im as the result of an intention upon his part to cause such injury to
himself or to cause his own death; and no compensation shall be paid
to any employee who is injured as the result of an intention upon his
part to cause injury or death to another person, nor shall any compen
sation be paid to his legal representatives or to any other person in the
event of his death, as the result of an intention upon his part to cause
injury or death to another person: And providedfurther, That no com
pensation shall be paid to any employee for any injury to himself which
was brought about by reason of his own intoxication; and similarly,
no compensation shall be paid to the legal representatives or to any
other person for or on account of the death of any employee when such
death was brought about by reason of the intoxication of such em
ployee.
S ec . 2. Except as provided in this order, the United States and the . System excluPanama Railroad Company shall not be liable for personal injury to or Slve*
the death of an employee for which compensation is provided in sec
tion 1 hereof.
S ec . 3. No compensation shall be paid for a period of disability Waiting time,
unless such period shall cover seven full consecutive days following
the day of the inception of such disability. For any part of the da>
on which disability on account of injury begins and for the first four
ation shall be paid at any time
E
Jient total disability, compenCompensation
sation shall be paid to the employee, except as provided in section 16, disabiiifyman
for a period of eight years. For the first three months of such period,
following the fourth entire day of disability, the monthly compensation
shall equal 75 per cent of his monthly pay, and for the remainder of the
period 50 per cent of his monthly pay.
The following cases shall be included among those held to result in
permanent total disability, to wit:
The total and irrecoverable loss of sight in both eyes;
The loss of both feet at or above the ankle;
The loss of one hand and one foot;
237
238
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The loss of both hands at or above the wrist;
Paralysis of the legs, arms, feet or hands, or an arm and a leg;
Injury resulting in incurable imbecility or insanity.
Temporary diss Eo. 5. If the injury results in temporary disability, compensation
y*
shall.be paid to the employee, except as provided in section 16, until
the end of the period for which compensation is payable as fixed below,
unless such employee in the opinion of the governor of the Panama
Canal is sooner able to resume work. For the first three months of such
period, following the fourth entire day of disability, the monthly com
pensation shall equal 75 per cent of his monthly pay, and for the
remainder of such period, 50 per cent of his monthly pay.
For the fracture of the skull, both tables, thirteen months;
For the fracture of the thigh, twelve months;
For the fracture of the arm between the elbow and shoulder, twelve
months;
For the fracture of the pelvis, ten months;
For the fracture of the leg, eight months;
For the fracture of the patella, eight months;
For the fracture of the forearm between the wrist and elbow, six
months;
For the fracture of two or more ribs, four months;
For the fracture of the foot, five months;
For the fracture of the clavicle, three months;
For the fracture of the lower jaw, three months;
For the fracture of two or more toes, two months;
For the fracture of two or more fingers, two months;
In all other cases of injury resulting in temporary disability, or in the
event of two or more injuries listed above, the governor shall fix the
period for which compensation shall be paid, basing his decision on the
relation that the injury or injuries received bears to those given above.
If before the expiration of the period for which compensation is pay
able, the governor of the Panama Canal determines that the employee
is capable of performing any class of work, and it is desired to continue
such employee in the service, there shall be paid to the employee until
the end of the period, or during such temporary partial disability, a
monthly compensation equal to seventy-five per cent of the difference
between the monthly rate of compensation received by him at time of
injury and the wages per month of the particular class of work which the
governor determines the employee capable of performing.
Partial disabilS e c. 6. If the injury results in permanent partial disability, compeny*
sation shall be paid to the employee, except as provided in section 16,
until the end of the period for which compensation is payable, as fixed
below. For the first three months of such period, following the fourth
entire day of disability, the monthly compensation shall equal 75 per
cent of his monthly pay, and for the remainder of the period, 50 per
cent of his monthly pay.
(A)
If the injury is included in the following list the period for
which the compensation is payable as stated for such injuries may be
increased by the governor of the Panama Canal at his discretion by not
to exceed fifty per cent of the period specified, having regard to the
nature of the employee’s trade or qualifications for work:
For the loss by separation of one arm, at or above the elbow joint or
permanent or complete loss of the use of one arm, forty months;
For the loss by separation of one hand at or above the wrist joint, or
the permanent and complete loss of the use of one hand, thirty-two
months;
For the loss by separation of one leg at or above the knee joint, or the
permanent or complete loss of the use of one leg, thirty-six months;
For the loss by separation of one foot at or above the ankle joint, or
the permanent or complete loss of the use of one foot, twenty-four
months;
For the permanent and complete loss of hearing in both ears, forty
months;
For the permanent and complete loss of hearing in one ear, eighteen
months;
For the permanent and complete loss of the sight of one eye, sixteen
months;
LABOR LEGISLATION OF 1914— CANAL ZONE.
239
(13) If the injury is included in the following list, the period shall
be that stated for such injury:
For the loss by separation of a thumb, ten months;
For the loss by separation of a first finger, seven months; a second
finger, five months; a third finger, four months; a fourth finger, three
months:
The loss of one phalanx of a thumb or two phalanges of a finger shall
be considered equal to the loss of one-half a thumb or finger, and com
pensation for one-half of the above period shall be payable;
The loss of more than one phalanx of a thumb and more than two
phalanges of a finger shall be considered as the loss of an entire thumb
or finger;
For the loss by separation of a great toe, compensation for eight
months, and any other toe, compensation for three months will be paid.
In all other cases of injury resulting in permanent partial disability,
or in the event of two or more injuries listed in clauses “ A ” and “ B,”
the governor shall fix the period for which compensation shall be paid,
basing his decision on the relation that the injury or injuries bears to
those given in clauses “ A ” and “ B ” : Provided, however, That in no
case shall payment be made for a period greater than sixty months.
If before the expiration of the period for which compensation is
payable the governor of the Panama Canal determines that the
employee is capable of performing any class of work, and it is desired
to continue such employee in the service, there shall be paid to the
employee until the end of the period a monthly compensation equal to
seventy-five per cent of the difference between the monthly rate of
pay received by him at the time of injury and his wage-earning
capacity per month.
S ec . 7. After the beginning of partial disability the governor of the Wages of benePanama Canal may, from time to time, require the injured employee dfeabled.P
to make an affidavit as to the wages per month which he is receiving.
In the statement of the wages, the value of rent, board, lodging and
other advantages received from the employer, which can be estimated in
money, shall be taken into account. If the employee at any time fails
to make such affidavit, he shall not be entitled to any compensation
while such failure continues, and the period of such failure shall be
deducted from the period during which compensation is payable to
the employee: Provided, however, That if the said employee, in any
such affidavit furnished, shall swear falsely with respect to any material
fact within his knowledge, the compensation otherwise payable to him
shall, from the time of the filing of such affidavit or the ascertainment
of the falsity thereof, cease and determine.
S ec . 8. If an employee, determined to be capable for such work, R e f u s a l to
refuses to work after suitable work is furnished to or secured for him wor *
by the United States or by the Panama Railroad Company, he shall
not be entitled to any compensation while such refusal continues, and
the period of such refusal shall be deducted from the period during
which compensation is payable to the employee.
Se c . 9. If at the time disability begins the employee has to his credit Sick leave,
any unused sick leave, he may, at his option, subject to the approval
of the governor of the Panama Canal, use such leave until it is exhausted.
During such time no compensation under this order shall accrue, and
any period of sick leave so used after the first four days of disability
following the day of injury shall be deducted from the period for which
compensation under this order is payable to the employee.
S ec . 10. There shall be furnished to the injured employee such Medical, etc.,
medical, surgical and hospital service and supplies as may in the a *
opinion of the governor of the Panama Canal be deemed just and
reasonable, except that when an injured employee not on the Isthmus
of Panama elects to furnish his own physician, or to care for himself, the
expense thereof is to be borne by the employee and no allowance there
for will be made under this order. If any such injured employee shall
refuse to submit to the medical or surgical treatment prescribed for him
and determined by the governor of the Panama Canal to be reasonable
and proper, the governor may in his discretion either reduce the amount
of compensation to which said employee might otherwise be entitled,
240
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
or consider such refusal on the part of the employee to be a waiver by
him of any right to compensation under this order.
Transportation S ec. 11. If in the opinion of the governor of the Panama Canal it is
pioyees?
em"not desirable to continue the injured employee in the service, such
employee, so soon as he is able to travel, may be furnished, in the dis
cretion of the governor of the Panama Canal, transportation to his home
port, or to any other port requiring no greater expenditure. If an
injured employee who is a citizen of the United States desired to go to a
port in the United States the cost of transportation to which is greater
than the cost to his home port, an amount may be paid toward the cost
of such transportation, not in excess of the cost of transportation to his
home port. In addition, an injured employee may be furnished rail
way transportation to or towards his home in the United States costing
not in excess of $30.00. If at the time of the injury the employee is
on the Isthmus, the governor of the Panama Canal may in his discre
tion suspend for such period as such employee remains on the Isthmus
after free transportation has been offered, as herein provided, the com
pensation payable to such employee.
,|
Compensation S e c. 1 2 . If the injured employee shall die within one year from the
date of and as the result of injuries received while directly engaged in
actual work, the persons mentioned in this section, except as provided
in section 16, shall be entitled to receive compensation as set forth in
the following schedule after deducting from the periods mentioned
therein any period for which payment has been made to the deceased
employee: Provided, however, That the total amount of compensation
paid to employee and beneficiaries shall not exceed the sum of $5,000.
(A) If the deceased employee leaves a widow to whom he was mar
ried at the time of the injury, she shall be paid monthly for eight years,
unless she sooner marries or dies, a sum equal to twenty-five per cent
of the monthly pay of the employee.
(B) If the deceased employee leaves a widow to whom he was mar
ried at the time of the injury with one or two children incapable of
self-support and dependent on her for support, there shall be paid her
monthly for each such child an additional allowance of ten per cent of
the monthly pay of the employee, such additional allowance to con
tinue until the child dies, marries or in the opinion of the governor of
the Panama Canal becomes capable of self-support. If there shall be
more than two children dependent on her for support the additional
monthly allowance for all children shall be twenty-five per cent of the
monthly pay of the employee. In no case, however, shall the addi
tional monthly allowances continue beyond a period of eight years. •
(C) If the deceased employee leaves a widow, or a widow and chil
dren, entitled to compensation under paragraphs A or B of this sec
tion, and also leaves another child or children incapable of self-sup
port and not supported by the widow, there shall be paid monthly
lor the benefit of such child or children last named, to such person as
may be designated under the provisions of section 16, such propor
tions as the governor of the Panama Canal may decide, of the de
ceased employee’s monthly pay, not exceeding ten per cent for each
such child: Provided, That the total proportion of monthly pay of
deceased employee to widow and all children under this paragraph
and paragraphs A and B of this section, shall not exceed thirty-five
per cent for widow and one child, forty-five per cent for widow and
two children, and fifty per cent for widow and three or more children,
and: Provided, That m order to make payment to the children under
this section the governor may if necessary reduce the proportion pay
able to widow or children under paragraphs A and B of this section:
And provided further, That payment for the benefit of a child or chil-j
dren not supported by the widow shall continue until the child dies,
marries, or in the opinion of the governor becomes capable of self-;
support, but in no case shall such payments continue more than eight:
years.
(D) If the deceased employee has left no widow entitled to com--1,
pensation under this order, but has left a child or children incapable,
of self-support, there shall be paid monthly for the benefit of such 1
child or children to the person designated under the provisions of ;
section 16, not more than twenty-five per cent of the monthly pay of.
LABOR LEGISLATION OF 1914---- CANAL ZONE.
241
the deceased employee for one child and not more than fifty per cent
of the monthly pay for two or more children: Provided, That payments
shall continue until the child dies, marries, or in the opinion of the
governor becomes capable of self-support, but in no case shall such
payments continue more than eight years.
(E) (As amended by Executive order of September 19,1914.) If the
deceased employee leaves a parent either partially or wholly dependent
on him for support, or a brother, sister, grandparent, or grandchild
wholly dependent on him for support, there may be paid to such rela
tion monthly such portion or portions of the monthly pay of the em
ployee as may be determined by the governor of the Panama Canal:
Provided, That the total compensation to all beneficiaries under this and
paragraphs A, B, C, and D of this section shall not exceed fifty per
cent of the monthly pay of the deceased employee: And provided, That
in order to make payment to the relatives under this paragraph the
governor of the Panama Canal may, if necessary, reduce the proportion
payable to widow or children under paragraphs A, B, C, ana D of this
section: And providedfurther, That payment for the benefit of a relative
under this paragraph shall cease if he dies, marries, or, in the opinion
of the governor, becomes capable of self-support, but in no case shall
payment continue more than eight years.
(F) As used in this section, the terms “ child” and “ children” Definitions,
include stepchildren, adopted children, posthumous children and
illegitimate children. The terms “ brother” and “ sister” and their
plurals include stepbrothers and stepsisters, half brothers and half sis
ters, and brothers and sisters adopted by the parent of the deceased
employee. The terms “ grandchild” and “ grandchildren” include
children of adopted children, and children of stepchildren, but do not
include stepchildren of children, stepchildren of stepchildren, or step
children of adopted children. The terms “ parent” and “ parents”
include step-parents and the parents by whom the deceased employee
was adoptea. The terms “ grandparent” and “ grandparents” include
the parents of the parents by whom the deceased employee was adopted,
but do not include parents of step-parents, step-parents of parents, or
step-parents of step-parents.
(G) If a beneficiary should die or for any other reason cease to be Readjustments,
entitled to compensation under this order, the amounts payable to the
remaining beneficiaries shall be recast; the amount payable to each
for the remainder of the period during which he is entitled to com
pensation being determined in accordance with the provisions of the
preceding paragraphs of this section.
S ec . 13. If, as the result of the injury, an employee whose home is Burial ex
in the United States dies while on the Isthmus of Panama or while penses*
away from his home or his office, such absence being under instructions
from the Panama Canal authorities, and the right to compensation has
not ceased, his body, if practicable and if desired by his relatives, and
if transportation has not been furnished the employee under section 1 1
before his death, shall be embalmed and transported in a hermetically
sealed casket to his home. If death occurs on the Isthmus and the
body is not transported from the Isthmus, the body shall be interred or
cremated on the Isthmus at the expense of the United States or of the
Panama Railroad Company.
Sec. 14. For the purpose of calculating compensation under this Computation of
order, the monthly pay of the employee shall be taken as the basis, to pay*
be computed as provided hereunder, except that where such monthly
pay so computed amounts to $ 2 0 0 or over, $ 2 0 0 shall be taken as the
basis for computing compensation. Subject to the maximum herein
fixed, monthly pay shall be computed as follows:
(A) If the employee is paid by the year, divide his yearly pay at the
time of the injury by twelve;
(B) If the employee is paid by the month, take his monthly pay at
the time of the injury;
(C) If the employee is paid by the week, multiply his weekly pay at
the time of the injury by 52 and divide the result by 12;
(D) If the employee is paid by the day divide his daily pay at the
time of the injury by the number of hours worked per day, and multi73734°— Bull. 166— 15-------16
242
BULLETIN OF TH E BUBEAU OF LABOR STATISTICS.
ply the result by 8 . When his daily rate of pay on the basis of eight
hours per day has been ascertained, multiply the result by 26.
(E) If the employee is paid by the hour multiply his hourly pay at
the time of the injury by eight. When his daily rate of pay on the
basis of eight hours per day has been ascertained, multiply the result
by 26.
(F) If the employee is paid by his output, find his daily pay at the
time of the injury by dividing the total amount earned by him in the
employment in which and at the rate of pay at which he was employed
at the time of the injury by the number of days he was so employed
during the thirty days immediately preceding the injury, then multi
ply the result by 26, except as provided in paragraph G. In all cases
under this paragraph (F) in which the employee works more than
eight hours per day and in such other cases as the governor of the
Panama Canal may deem proper he may fix the compensation that
shall be paid in case of injury based upon an average wage of employees
working eight hours per day in the same occupation as that of the
injured employee.
(G) Payments for a fractional part of a month to or on account of
employees who were on a per diem, hourly, or piecework basis, shall
be made for regular working days only, except that employees who
were at time disability was incurred entitled to pay for holidays will
receive pay therefor.
(H) Subsistence shall be included as a part of the pay and commuta
tion therefor at a rate fixed by the governor of the Panama Canal shall
be paid during any period subsistence is not actually furnished to an
employee entitled to subsistence.
Commuting to
S e c . 15. Unless it shall appear to the governor of the Panama Canal
lump sum.
to be for the best interest of the United States or of the Panama Railroad
Company or for the best interest of the injured employee or the bene
ficiary, the liability of the United States or the Panama Railway Com
pany for compensation to such injured employee or beneficiary shall
be discharged by the payment of a lump sum which will equal the total
sum of the probable future payments, capitalized at their present value
calculated at four per cent per annum with annual rests. The prob. ability of the death of the injured employee or the beneficiary before
the expiration of the period for which compensation is payable shall
be determined according to the American Table of Mortality. The
probability of the happening of any other contingency affecting the
amount or duration of the compensation shall be disregarded. Upon
paying such amount all further liability on the part of the United
States or Panama Railroad Company on account of such injury or death
shall cease.
Payments to
S e c . 16. The true intent and meaning of this order is to provide a
whom.
fund for the injured employee, or, in the event of his death, for those
beneficiaries herein provided for; and to that end payment shall be
made directly to the employee as herein provided for, or to the bene
ficiary as herein provided for, excepting in those cases where such
employee or such beneficiary is by reason of lunacy, infancy, or other
legal disability not in a position to receive and give legal acquittance
for such payment. In all cases of that character where the employee
or beneficiary named herein is under any legal disability whatever, so
that his receipt and release would not be an acquittance, the governor
of the Panama Canal shall pay the sum which would otherwise go
directly to such employee or beneficiary to whomsoever has been
qualified by legal proceedings to receive the same for or on account
of such employee or beneficiary, if any such there be who has made
application therefor to the governor; and in the event that no such
application is made to the governor, then the governor may appoint
some one to receive the money for and on account of such employee
or beneficiary so under disability, and may require such person to
make such formal application with respect thereto and to furnish such
bonds for the security of the money and the performance of his duties
as to the governor may seem proper.
Notice.
S e c . 17. Immediately after the injury, the injured employee or
some one on his behalf shall give to the immediate superior of such
employee notice, written if practicable, of the injury, and if the injury
LABOR LEGISLATION OF 1914---- CANAL ZONE.
243
results in the death of the employee, one of the persons entitled to com
pensation or some person on his behalf shall at once give either to the
immediate superior of such employee or to the governor of the Panama
Canal a written notice of such death. The notice shall state the name
of the employee, his class of service, the year, month, day, and hour
when and the particular locality where the injury or death occurred,
the cause of the injury or death, the nature of the injury, and the
address of the employee and of the person giving the notice. The
notice may be given personally or sent by mail.
Failure to promptly give the notice herein specified may, in the dis
cretion of the governor of the Panama Canal, be decided by him to be
a waiver by the employee or his beneficiary of any claim to compensa
tion under this order.
S e c . 18. Immediately after an injury to an employee resulting in his Reports.
death or in his probable disability, the immediate superior of the em
ployee shall at once make a report to the governor of the Panama Canal,
containing such information as the governor of the Panama Canal, may,
by regulation, require.
S e c . 19. No compensation under this order shall be allowed to any Claims.
person unless he, or some one on his behalf, shall make a written claim
therefor upon the governor of the Panama Canal within the time speci
fied in section 2 1 . The claim may be served personally upon or sent by
mail either to the governor of the Panama Canal or to such person as he
may, by regulation, require.
S e c . 20. The claim shall be signed by or on behalf of the person mak Claims to state
ing the claim and shall state the name of the employee, the age, sex,
nationality and class of service of such employee, the year, month, day
and hour when and the particular locality where the injury or death,
occurred, the cause of the injury or death, the nature of the injury, the
nature and extent of the disability resulting therefrom; the monthly
pay of the employee at the time of the injury, the relationship to the
employee of the person claiming to be entitled to compensation, the
names and addresses of all persons entitled to compensation on account
of such injury or death, ana the address of the person making the claim.
The claim shall be sworn to by the person entitled to compensation or
by the person acting on his behalf, and, except in case of death, or as
otherwise provided in regulations prescribed by the governor of the
Panama Canal, shall be accompanied by a certificate of the employee’s
physician, if any, stating the nature of the injury, and the nature and
extent of the disability. The claim shall, wherever possible, be made
on forms furnished by the governor of the Panama Canal, and in addi
tion to the statements above required, shall contain such other informa
tion as the governor of the Panama Canal may require.
The governor of the Panama Canal may waive the making of and
swearing to claims and the inclusion therein of any of the above require
ments in such cases as he may deem proper.
S e c . 21. Claims for compensation shall be made within sixty days Time for claim,
after the beginning of disability resulting from an injury, or, in case of
death, within one year after the death. For any reasonable cause
shown, the governor of the Panama Canal may allow claim for injury to
be filed within one year after the injury.
No claim for compensation shall be allowed where the disability com
mences more than six months after the occurrence of the alleged injury,
nor where the disability begins after the separation of the employee
from the service.
S e c . 2 2 . After the injury and during disability the employee shall na^ ! lcal examl“
as frequently and at such times and places as may be reasonably re
quired submit himself to examination by a medical officer of the
United States or by a physician designated by the governor of the
Panama Canal and paid by the United States or by the Panama Rail
road Company^ as the case may be. The employee may have a duly
qualified physician designated and paid by him present to participate
in such examination. If an examination of an employee is ordered
while he is away from the Isthmus of Panama, and such order requires
him to travel from the place wherein he dwells, then he shall be paid his
244
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
reasonable traveling and other expenses and loss of wages incurred in
order to submit to such examination. If the employee refuses to
submit himself for or in any way obstructs any examination, his right
to claim compensation under this order shall be suspended until such
refusal or obstruction ceases. No compensation shall be payable while
such refusal or obstruction continues and such period shall be deducted
from the period for which the compensation would otherwise be payable.
Referee physi- S e c . 23. In case of any disagreement between the physician making
eian‘
an examination on the part of the United States or the Panama Rail
road Company and the employee’s physician, the governor of the
Panama Canal shall appoint a third physician. The decision of the
majority shall be final. A reasonable fee shall be allowed and paid by
the United States or by the Panama Railroad Company, as the case
may be, to such third physician if he is not a medical officer of the
United States.
.^sigrmients of S e c . 24. If an injury or death for which compensation is payable
rights of action. un(jer this order is caused under circumstances creating a legal liability
upon some person other than the United States or the Panama Rail
road Company to pay damages therefor, no compensation shall be
payable to any beneficiary for such injury or death until he assigns to
the United States or to the Panama Railroad Company, as the case
may be, any right of action which he may have to enforce such liability
of such other person, or any right which he may have to share in any
money (or other property) received in satisfaction of such liability
of such other person. The United States or the Panama Railroad Com
pany, as the case may be, if it realizes upon such right shall after
deducting the amount of any compensation already paid to the bene
ficiary and the expenses of such realization or collection, pay over
to the beneficiary any surplus remaining. Such surplus so paid over
shall be credited on future installments of compensation as they become
due. The governor of the Panama Canal may waive the requirement
of such assignment or may waive it for such period as he may deem
proper.
Liabilities
gEC# 25. If an injury or death for which compensation is payable
roadlcSSpamr. " under this order is caused under circumstances creating a legal liability
upon the Panama Railroad Company to pay damages therefor under the
laws of the United States or of any State, Territory or possession of
the United States or of the District of Columbia or of any foreign
country, no compensation shall be payable to any beneficiary for such
injury or death until he releases to the Panama Railroad Company,
any right of action which he may have to enforce such liability of the
Panama Railroad or until he assigns to the United States or to the
Panama Railroad Company, as the case may be, any right which he
may have to share in any money (or other property) received in satis
faction of such liability of the Panama Railroad Company. The
governor of the Panama Canal may waive the requirement of such
assignment or release for such period as he may deem proper.
Assignments,
S e c . 26. No claims for compensation under tins order shall be assign
ed., of claims.
an(j an compensation and claims therefor shall be exempt from
all claims of creditors.
Attorneys’ fees. Sec. 27. No claim for legal services in connection with any claim
arising under this order shall be enforceable unless approved by the
governor of the Panama Canal.
R e v i e w of
S e c . 28. The governor of the Panama Canal may at any time review,
awards.
and, in accordance with his determination thereon, end, diminish,
or increase any compensation previously fixed or determined.
Erroneous pay- S e c . 29. If any compensation is paid under mistake of law or of fact,
ments.
the governor of the Panama Canal shall have power to cancel any order
under which such compensation has been paid, and shall be entitled
to recover whatever has been so paid.
Powers of gov- S e c . 30. The governor of the Panama Canal shall make all necessary
emor.
rules and regulations for the proper, effective, and economical enforce
ment of this order, and shall decide all questions arising under this
order or in regard to the interpretation thereof. His determination
of any fact necessary to or underlying any claim hereunder, shall be
final and conclusive.
LABOR LEGISLATION OF 1914—
CANAL ZONE.
245
Sec. 31. Wherever used in this order the singular includes the plural Use of words,
and vice versa, and the masculine gender includes the feminine and
neuter, and the word ‘‘ person5’ includes any firm, association, or cor
poration.
Sec . 32. If the payment of compensation under this order on account Payments o n
of an injury or death is from the funds of the United States, the Panama releaseRailroad Company shall be released and discharged from all liability
on account of such injury or death, and if it is from the funds of the
Panama Railroad Company, the United States shall be released and
discharged from all liability on account of such injury or death.
Sec. 33. All laws of the Canal Zone inconsistent with any of the pro- Repeal,
visions of this order are hereby repealed.
S e c . 34. This order shall take effect on April 1 ,1 91 4 .
Act in effect.
Issued March 2 0 , 1914.
CUMULATIVE INDEX.
Bulletin
No. 148.
No.
I
Page.
Page.
Accidents in mines, re
ports, etc., of—Concid.
Iowa.........................
A.
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. (See
Insurance, accident.)
Accident, old age, etc.,
ilief:
Alaska......................
186
vident prevention:
Illinois......................
587,588
1285
Nebraska..................
New Jersey...............
1430
Ohio.........................
1674
Virginia....................
166
Wisconsin.................
2256
Accidents, i n d u s t r i a l
commission on, digest
of law as to...................
146
Accidents, i n d u s t r i a l ,
reports and investiga
tion of:
Connecticut............. .
416,417
561,571
Illinois......................
646
Indiana................... .
757
Iowa........................ .
Kansas.................... .
776,777
861,862
Louisiana................ .
Maine........................
878,889
Massachusetts........... 1033-1035 166
1097
Minnesota.................
1132,1133
Missouri___
1179
1300
Nebraska...
1391
New Jersey.
1415,1421
1481,1482
New York..
1489,1510
Ohio...............
1647,1648
1717,1718
Oklahoma___
Oregon...........
1769
1787
Pennsylvania.
1849,1927
1971
Rhode Island.
Tennessee.......
2030
2064,2065
Wisconsin..
2258
2292,2293
(See also Inspection of
factories, etc.)
Accidents in mines, reports and investigation
of:
Alabama...................
166,168
Alaska............. .........
193
Arizona.....................
219,220
236
Arkansas...................
Colorado....................
336,340
341,387
Idaho...
510
Illinois..
614
658
Indiana.
Bulletin
No. 148.
Bulletin.
Kansas..............
Kentucky.........
Maryland..........
Michigan...........
Minnesota.........
Missouri............
Montana...........
Nevada.............
New Mexico___
New York.........
North Carolina.,
Ohio.................
Oklahoma___
Pennsylvania.
209
141
South Dakota.......
Tennessee.............
Utah.....................
Virginia................
Washington.........
West Virginia.......
Wyoming.............
United States...........
(See also Mine regula
tions.)
Accidents on railroads,
etc., reports and inves
tigation of:
Alabama...................
Arizona.....................
Colorado...................
Connecticut..............
District of Columbia.
Florida.................
Hawaii.................
Illinois..................
Indiana................
Iowa....................
Kansas................
Kentucky............
Maine..................
Maryland............
Massachusetts....
Michigan.............
Minnesota...........
Mississippi..........
Missouri..............
Montana..............
Nevada...............
New Hampshire.
New Jersey.........
New York...........
North Dakota__
Ohio....................
Oregon................
Pennsylvania__
Rhode Island__
South Carolina...
South Dakota__
Vermont.............
Virginia...............
730,753
758,759
780,781
927
1077
1111
1190,1191
1268
1330,1331
1448
1525,1526
1569-1571
1618,1619
1621,1627
1735
1812
1813,1876
1904,1915
Bulletin.
No.
166
2010
2030,2050
2117,2118
2174
2203,2204
2253
2339,2344
2410
157
230
351
403,422
464
467,478
506
627
664
675,705
724
776,777
813
949,950
1073
1109
1149
1216
1231,1271
1335,1336
1366
1409
1554
1593,1594
1604
1764,1773
1937,1938
1989
1995-1997
2020
2138,2139
2154
247
Page.
58
248
BULLETIN OF THE BUBEAU OF LABOR STATISTICS.
Bulletin
No. 148.
Page.
No.
Accidents on railroads,
etc., reports, etc., of—
Concluded.
Washington.............. 2210,2213
2214,2217
Wisconsin................. 2284,2285
United States..*........ 2425,2426
2429,2430
Accidents on vessels, etc.:
Michigan...................
1059
1542
New York.................
Accidents, provisions for:
Alabama...................
180
Arizona.....................
220
244
Arkansas...................
California..................
307,308
Colorado....................
378
580-582
Illinois......................
614
Indiana. r..................
659,677
Iowa..........................
753
Kentucky..................
831 166
Maryland..................
932
982 166
Massachusetts...........
Michigan...................
1091
Montana........... .......
1243
1244,1266
Nevada.....................
1335
New Hampshire.......
1362
New Jersey...............
1409
New Mexico..............
1447
New York.................
1515
North Carolina.......... 1575,1576
Ohio.......................... 1620,1625 166
Oklahoma.................
1738
Pennsylvania............ 1803,1836
1837,1897
Porto Rico................
1955
Tennessee..................
2063
2065-2067
Utah.......................... 2113,2120
Virginia.. n ____
2172,2173
Washington.............. 2205,2206
West Virginia...........
2251
Wisconsin.................
2284
Wyoming..................
2341
Actions for injuries. (See
Injuries.)
Actions for wages. (See
Suits for wages.)
Advances made by em
ployers. (^ E m p lo y
ers' advances, etc.)
Aeronauts, examination,
etc., of. digest of law re
lating to........................
143
Age not ground for dis
charge:
Colorado...................
Age of employment of
children. ( S e e Chil
dren, etc.)
Age of employment of tel
egraph operators on rail
roads. (See Telegraph
operators, etc.)
Agents, emigrant. (See
Emigrant agents.)
Aid societies. (See Bene
fit societies.)
Air, compressed, work in.
(See Compressed air.)
Air space required in
workrooms:
Arizona.....................
Illinois.......................
Indiana
Maryland
Michigan
Minnesota
Bulletin
No. 148.
Bulletin.
Page.
67
132
193
Page.
No.
Air space required in
workrooms—Concld.
New Jersey................
1390
New York................. 1509,1518
Pennsylvania............ 1839,1847
Porto Kieo................
1963
Wisconsin.................
2264
2266,2321
(See also Factories
and workrooms.)
Alien contract labor:
Delaware......... .........
434
Hawaii......................
495
Indiana.....................
642
Virginia...................
2152
Wyoming..................
2331
United States__ ___ 2414-2416
(See also
Coolie
labor.)
Alien laborers, employ
ment of, in fisheries:
Alaska......................
185,186
Alien laborers, protection
of:
Connecticut...............
405
Hawaii......................
505
New York................. -1531,1532
Wyoming..................
2347
Aliens, employers of, to
deduct taxes from
wages:
Pennsylvania............ 1844,1845
Aliens, employment of,
on public works:
Arizona.....................
196,197
California..................
261,277
Hawaii.....................
496,502
Idaho........................
507,519
967
Massachusetts...........
New Jersey..............
1386
New York................. 1479,1480
Pennsylvania............ 1838,1839
Wyoming.................
2328
(See also Chinese, em
ployment of; Pub
lic works, prefer
ence of resident la
borers on.)
American Museum of
Safety:
New York.................
1561 166
Antitrust act:
Texas......................... 2094,2095
United States............ 2402-2404
Antitrust act, labor or
ganizations not included
under:
California..................
Louisiana..................
334
Bulletin.
Massachusetts...........
Michigan...................
290
840
1051
1237
1238,1244
2284
Wisconsin................
Page.
186
166
142
166
235,236
Montana....................
United States............
Appliances, safety, in fac
tories. (See Guards for
dangerous machinery.)
Appliances, safety, on
railroads. (See Rail
roads, safety appliances
on.)
568,569
648
918 166
1069
1120
1141,1142
Apprentice laws, digest of
9-27
Alabama...................
Alaska.......................
Arkansas...................
California................
Colorado....................
Connecticut........ —
163-165
190-192
259
277,278
333
408,409
Arbitration and media
tion:
211
103,104
249
CUMULATIVE INDEX OF LABOR LAWS.
Bulletin
No. 148.
Page.
Arbitration and media
tion—Concluded.
Georgia.....................
Idaho........ ...............
Illinois___
Indiana...
Iowa........
Kansas__
Louisiana.
Maine.......
Maryland.
Massachusetts__
Minnesota...........
Missouri..............
Montana........... .
Nebraska............
Nevada.......... .
New Hampshire.
New Jersey.........
New York..........
Ohio...................
Oklahoma..
Pennsylvania...........
Philippine Islands..,
Texas...................... .
Utah........................
Vermont..................
Washington.............
Wisconsin.................
United States........
Armed guards, hiring:
Alaska...................
Arkansas................
Colorado................
Illinois...................
Massachusetts........
Missouri................
Oklahoma.............
Page.
No.
493
507
513,517
535-538
634-638
761-763
765,766
837-839
879-881
893,894
903,905
963-966 166
1099,1100
1173-1175
1223-1225
1308-1310
1322-1324
1367,1368
1373
1529,1530
1605,1609
1658-1661
1703,1704
1709,1710
1925,1926
1946 166
2071-2073
2105-2108
2147-2150
2196,2197
2297
2328
2440-2445
188,189
231,232
364,365
551
969,970
1164
1720
2056,2057
2184
Washington..............
Wisconsin............... .
(See also Industrial
police.)
Assignment of wages:
165
Alabama...................
Arkansas.................
250
265
California..................
Colorado..................
350,351
Connecticut............. .
411
434
Delaware..................
485
Georgia.....................
Illinois......................
621
Indiana................... .
639
640,663
676,677
Iowa................
738
Kentucky........
834,835
Louisiana........
851,862
Maine..............
874,875
Maryland........
894,895
984,986
Massachusetts..
987,1010
1112,1121
Minnesota.......
1133,1134
Mississippi...__
166
Missouri..............
1202
Montana.............
1246,1247
Nebraska............
1287-1290
New Hampshire.
1356
New Jersey........
1374-1376
1398,1399
New York..........
1479,1552
Ohio...................
1672,1673
Pennsylvania___
1825
1864,1926
Rhode Island.
1985,1986
Bulletin
No. 148.
Bulletin.
136
Assignment of wages—
Concluded.
2034
Tennessee.................
Vermont.................. 2135-2137
Washington.............
2190
Wisconsin.................
2292
Wyoming.................
2332
(See also Payment of
wages; Wage bro
kers.)
Assignments of claims to
avoid exemption laws.
(See Exemption of
wages.)
Associations, cooperative,
87-92
list of laws relating to..
Associations of employees.
(See Benefit societies.)
Attachment of wages:
Connecticut...............
397
Pennsylvania............
1824
Attorneys’ fees in suits
for wages. (See Suits
for wages.)
B.
198
Badges, etc., of labor or
ganizations. (See La
bor organizations, etc.)
Bakeries, hours of labor
in. (See Hours of la
bor.)
Bakeries, inspection, etc.,
of.
(See Inspection,
etc.)
Bankruptcy:
United States............ 2406,2407
Barber shops, inspection
of. (See Inspection,
etc., of barber shops.)
Barbers, examination,
etc., of, digest of laws
relating to.....................
127-132
Barrooms, payment of
wages in. (See Pay
ment of wages in bar
rooms.)
Basements. (See Cellars,
etc.)
Benefit societies:
Michigan...................
1060
Ohio..........................
1603
Philippine Islands.. . 1941,1942
(See also Relief de
partments.)
Benefit societies, forced
contributions for. (See
Forced contributions.)
Blacklisting:
Alabama....................
154,155
Arizona.....................
196
Arkansas...................
California..................
Colorado....................
Connecticut...............
145
155
174,190
Florida......................
Illinois.......................
Tndiflnfl......................
Iowa..........................
Kansas......................
Minnesota..................
Mississippi................
Missouri....................
Montana,..................
Nevada.....................
New Mexico..............
North Carolina.. . . . . .
228,229
243
275
324
417
422,423
466
539
641,642
743
773
1097
1107,1108
1149,1150
1165
1230,1239
1341
1441,1442
1575
Bulletin.
No.
Page.
250
BULLETIN OF THE BUKEATJ OP LABOR STATISTICS.
Bulletin
No. 148.
Page.
Bulletin.
No.
Blacklisting—Concld.
North Dakota........... 1583,1591
1721
Oklahoma.................
1750
Oregon......................
Texas........................ 2073-2075
2092,2093
Utah......................... 2105,2109
2158
Virginia.....................
Washington.............. 2190,2191
Wisconsin......... .......
2308
(See also Discharge,
statement of cause
of;
Interference
with employment,
and cross refer
ences.)
Blasting in mines. (See
Mine regulations.)
Boarding houses. (See
Lodging houses.)
Boards of arbitration, etc.
(See Arbitration of la
bor disputes.)
Boatmen. (See Seamen.)
Boilers, creating an un
safe amount of steam in.
(See Negligence of oper
ators, etc.)
Boilers, entering under
pressure:
Oklahoma.................
1723
Boilers, steam, inspection
of. (See Inspection, etc.)
Bonds,contractors’, list of
laws relating to............
76-79
Bonds of employees:
213,214
Arizona.....................
251,252
Arkansas...................
Florida......................
476,477
494
Georgia.....................
Idaho........................
533
865,866
Louisiana..................
Massachusetts...........
968
Mississippi................
166
Missouri.................... 1205,1206
New Mexico..............
1435
North Carolina.......... 1577,1578
Oklahoma................. 1704,1705
Virginia.....................
166
Boycotting:
Alabama.. . ...............
154,155
Colorado...................
324
Illinois......................
539
Indiana.....................
632,633
Texas........................ 2095,2099
United States...........
166
(See also Interference
with employment,
and cross refer
ences.)
Brakemen, sufficient
number of. (See Rail
road trains, sufficient
crew required on.)
Brakes on railroad trains.
(See Railroads, safety
appliances on.)
Bribery, etc., of employ
ees:
Connecticut...............
411,412
Indiana.....................
668,669
Iowa..........................
743,744
Maine........................
876
Massachusetts...........
968,969
Michigan................... 1054,1055
Nebraska.................. 1318,1319
Nevada..................... 1342,1343
New Jersey...............
1377
New York.................
1543
North Carolina.......... 1581,1582
Rhode Island............ 1987,1988
South Carolina.......... 2000,2001
Page.
146,147
209,210
235,236
Bulletin
No. 148.
Page.
Bribery, etc.—Concld.
2162
Virginia.....................
Washington..............
2184
Wisconsin................. 2308,2309
Bribery of representatives
of labor organizations:
Nevada.....................
1343
1406
New Jersey...............
New York................. 1542,1543
Brickyards, hours of la
bor of employees in:
1476
New York.................
1477,1548
Bridges over r a i l r o a d
tracks. (See Railroad
tracks, etc.)
Buildings, protection of
employees on. (See
Protection of employ
ees, etc.)
Bureau. Children’s:
2431
United States...........
Bureau of labor:
257-259
Arkansas...................
284-286
California..................
306
331-334
Colorado....................
405
Connecticut...............
492-494
Georgia.....................
495
Hawaii......................
499-501
504-506
507
Idaho........................
512,513
565,566
Illinois.......................
650,651
Indiana.....................
724-726
Iow a .......................
Trfl-nsfts..............
796-798
803,804
809-812
Kentucky.................
849
Louisiana..............
852,853
878,879
Maine........................
884-887
903-905
Maryland..................
961,962
Massachusetts...........
1015-1017
Michigan................... 1061-1063
1073
1126
Minnesota....... ........
1134,1138
Missouri.................... 1170,1171
1217
Montana................
1271,1272
Nebraska.................. 1290,1291
New Hampshire___ 1358,1359
1366-1368
New Jersey............... 1385,1386
1392,1393
1417,1418
New York................. 1482-1490
1532
North Carolina.......... 1567,1568
North Dakota........... 1583,1584
Ohio.......................... 1605,1663
Oklahoma................. 1703,1708
1709,1742
Oregon...................... 1750-1752
Pennsylvania........... 1921-1926
Philippine Islands... 1945-1947
Porto R ic o ............. 1959-1961
Rhode Island............
1975
1991-1994
South Carolina ..
South Dakota........... 2023-2025
Tennessee................ 2029-2031
Texas........................ 2077-2079
2096,2097
Utah......................... 2121,2122
2129,2130
2151
Virginia...................
2155,2156
Washington.............. 2187-2189
Bulletin.
No.
Page.
166
90,91
166
132
166
158
166
174-176
166
198
166
211,212
251
CUMULATIVE INDEX OF LABOR LAWS.
Bulletin
No. 148.
Page.
Bureau of labor—Concld.
(See also Commission,
industrial, etc.)
Bureau of mines:
Colorado....................
Tennessee.........
Virginia............
We«t- Virgirn>,
United States
(See also Mine regula
tions.)
Bureau of public print
ing. (See Public print
ing office.)
C.
Caissons, etc., work in.
(See Compressed air,
work in.)
C a m p s , labor. (See
Labor camps.)
Candidates for office, pro
tection of employees as:
Wyoming..................
Canneries, employment
of women in:
New York.................
Cause of discharge. (See
Discharge, statement of
cause of.)
Cellars and basements,
use of:
California..................
Illinois.......................
Michigan...................
Minnesota.................
New Jersey...............
New York.................
Ohio..........................
Oklahoma.................
Wisconsin..................
Certificates, employers’.
(See Employers’ certifi
cates.)
Charges, false, against
railroad empl oyees .
(See Railroad employ
ees, etc.)
Chauffeurs, examination,
etc., of, digest of laws re
lating to.......................
Checks, p a y m e n t of
wages in. (See Payment
of wages in scrip.)
Child labor commission:
Delaware..................
Child labor, national com
mittee on, incorpora
tion of:
United States...........
Childbearing wo me n ,
employment of. (See
Women, childbearing.)
Children and women,
commission on employ
ment of, digest of laws
as to.............................
Children and women,
employment of, in base
ments:
New York.................
Bulletin.
No.
Page.
2233,2234
2353,2354
2411-2413
2434
2438-2440
335-341
863
1191
1831-1834
1933
2029-2031
2166
2243-2245
2426,2427
2332
1561
278
561
1071
1119
1418
1523,1524
1649
1741
2262,2266
132-135
438,439
2416,2417
149
1535,1536
166
53-56
Bulletin
No. 148.
Page.
Children and women, em
ployment of, in mines:
Alabama...................
183
236
Arkansas...................
381
Colorado..................
615
Illinois.......................
Indiana.....................
663
932,933
Maryland..................
1189
•Missouri....................
1526
New York.................
1704
Oklahoma.................
Pennsylvania............ 1791,1805
1899,1900
Utah......................... 2105,2108
Virginia.....................
2173
2203
Washington..............
West Virginia............
2252
Wyoming.................. 2327,2330
(See also Children,
etc.; Women, etc.)
Children and women,
wages of:
986
Massachusetts...........
(See also Earnings of
married women;
Earnings of minors;
Minimum wages;
Women, wages of.)
Children, corporal pun
ishment of, by employ
ers, etc.:
Georgia.....................
484
1955
Porto Rico................
Children, earnings of.
(See E a r n i n g s of
minors.)
Children, employed, cer
tificates, registers, etc.,
of:
Alabama...................
161
Arizona.....................
199-202
Arkansas...................
248
California..................
279-283
Colorado....................
353-358
Connecticut...............
419
420,425
Delaware...................
442-449
District of Columbia..
453-455
Florida......................
472,473
Georgia.....................
484,485
Idaho........................
531
Illinois.......................
542-549
Indiana......................
645
707,708
Iowa..........................
727
Kansas......................
791
Kentucky..................
827
828,832
Louisiana..................
857-860
Maine........................
870-872
Maryland..................
901,902
907-910
Massachusetts...........
953
973-979
Michigan................... 1063-1066
Minnesota..................
1115
1116,1118
Mississippi................ 1150,1151
Missouri.................... 1156-1158
Montana...................
1218
1219,1229
1275,1276
Nebraska.................. 1293-1297
New Hampshire.......
1355
1363-1365
New Jersey...............
1387
1388,1407
1428,1429
New York................. 1457,1458
1490-1494
1533-1535
Bulletin.
No.
Page.
166
31,32
166
33-35
166
123,124
166
126,133
166
148,149
166
162-165
168-170
252
BULLETIN OF TH E BTJBEAU OF LABOB STATISTICS.
Bulletin
No. 148.
Page.
Bulletin.
No.
Page.
Children, employed, cer
Children, employment of,
tificates, etc.—Concld.
age limit for—Concld.
North Carolina.......... 1578,1579
Pennsylvania............
North Dakota........... 1596-1598
Porto Rico................
Ohio.......................... 1667,1668 166 191-193
1674-1677
195
Rhode Island............
1695-1698
Oklahoma................. 1713-1715
South Carolina..........
Oregon...................... 1753,1754
South Dakota............
1
Pennsylvania______
1791
Tennessee................
1805,1846
Texas........................
1859-1862
XJtah..........................
1962
Vermont...................
Porto Rico................
!
Rhode Island............ 1968-1970
Virginia...........
........
South Carolina.......... 1994,2002
Washington..............
2026
South Dakota............
West Virginia...........
2060
Wisconsin.................
TftnnftssAA r___
Utah......................... 2131,2132
Vermont................... 2141,2142
(See also Children and
2163 166
213
women, employ
Virginia...........
Washington.............. 2185,2191
ment of, in mines;
West Virginia........... 2231,2232
Children employed,
i
2269
Wisconsin.................
certificates, regis
2272-2276
ters, etc., of; Chil
2278-2280
dren of widows, de
Children, e m p l o y e d ,
pendent parents,
etc.)
schools for:
Alabama...................
Children,
employment of,
163
i
as messengers.
(See
Massachusetts........... 1018,1019
i
Children,
employment
Wisconsin.................
2275
of, in street trades.)
Children, employed, seats
Children, employment of,
for. (See Seats for em
fraud in:
ployed children.)
North Carolina..........
Children, employment of,
age limit for:
Children, employment
of, general provisions
A labam a................
160
i
for:
Arizona.....................
195
I
Alabama...................
197-202
1
Arizona.....................
Arkansas .
247,248
i
California..................
279,281
I
Arkansas...................
Colorado . »
325,352
Connecticut..............
401
1
California..................
419-421
1
Delaware...................
440
441,445
|
Colorado....................
District of Columbia..
452
Florida......................
472
Connecticut...............
31,32
Georgia.....................
484 166
Idaho........................
530
Delaware.. . .............
Illinois
542,546
Tp^iana..............
District of Columbia..
645
i
692,693
!
Florida......................
727
Iow a ........................
Kansas
................
790,791
33
Georgia.....................
Kentucky..................
827 166
88
Hawaii......................
Louisiana..................
857 166
Idaho........................
870,877
Maine
Illinois.......................
906
Maryland
133
973 166
Massachusetts...........
Indiana.....................
Michigan
1063
Minnesota................ 1115-1118
148
166
1150
Mississippi................
Iowa..........................
1155
Missouri
1228
Montana
Kansas......................
1293
Nebraska
1344
Nevada.....................
Kentucky.................
1345,1348
1363
New Hampshire..
Louisiana..................
155
New Jersey
1386 166
Maine..........-.............
166-168
1406,1407
170
Marvland..................
1457
New York
1490,1533
Massachusetts...........
1572,1578
North Carolina
North Dakota........... 1583,1596
1674
Ohio..........................
1696-1700
Oklahoma................ 1704,1712
Michigan...................
1752
Oregon
1761,1769
Bulletin
No. 148.
Page.
Bulletin.
No.
1791,1845
1858,1860
1962-1964
1967
1968,1980
2001,2007
2019,2026
2060
2097,2098
2131,2132
2135
2158,2163 166
2191
2231
2270-2272
2278
Page.
212
1565
160-163
197-202
229
247,248
252,253
279-283
289,290
292
324,325
352-358
399,400
419-421
440-449
452-455
458,459
470
472-476
484,485
496,497
530-532
542-547
580
644-646
692,693
707,708
727,728
737,738
790,791
795,796
809
827-832
857-860
867
869-872
900-903
906-915
941,942
971-979
1018,1019
1030,1031
1035-1039
1054
1063-1066
166
31,32
166
33-38
166
87,88
166
123,124
166
133
1
253
OTJMUUmVB INDEX OF LABOR LAWS,
Bulletin
No. 148.
Page.
Children, employment
of, etc.—Concluded.
Minnesota................
No.
.. .....
Montana.....
Nebraska..................
Nevada.
Nfiw TTfympshirA. . . .
New Jersey...............
New York.................
North Carolina..........
North Dakota...........
Ohio........................ .
Oklahoma......... , ,
Oregon......................
Pennsylvania..
Porto Rico................
Rhode Island............
South Carolina..........
South Dakota...........
Tennessee.................
Texas........ : ............
1121,1122
Page.
Children, employment of,
in dangerous occupa
tions:
Arizona.....................
148,149
1200,1201
1218,1219
1222,1223
1228,1225)
1275,1270
1293-1298
1316,1317
1326,1327
1348-1350
1363-1365
1386-1388 166
1406-1409
1427-1429
1455-1458
1565,1566
1572,1581
1596-1599
1667,1668 166
1674-1677
1695-1701
1712-1716
1752-1755
1845,1846
1857-1862
1864,1865
1962-1964
1967-1971
Colorado....................
Connecticut...............
Delaware...................
Florida......................
Illinois......................
Indiana.....................
Iowa.........................
Kansas.....................
Kentucky..................
162-171
Louisiana..................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
191-193
195
2001,2002
2025,2026
2060-2063
2097,2098
2100.2101
Utah.......................... 2131,2132
Vermont..... ..............
2135
2141,2142
Virginia.....................
166
Washington..............
2185
West Virginia........... 2231,2232
Wisconsin................. 2255,2256
(See also Children and
women.)
Children, employment of,
in barrooms, etc.:
Alaska.......................
187
Arizona.....................
198,211
Colorado....................
352
Connecticut...............
423,424
Delaware..................
445
Florida............ .........
474
Hawaii......................
501,502
Idaho........................
532
Indiana.....................
630,693
Kentucky..................
166
Maryland..................
900
911,919
AAA
Massachusetts...........
945,1036
Minnesota.................
1117
Missouri..................
1158
Nevada.....................
1338
New Hampshire.......
1360
New Jersey...............
1384
New Y o r k ..............
1540
Ohio..........................
1700
Pennsylvania............
1790
Porto Rico................
1963
Rhode Island............
1977
South Dakota............
2011
Texas........................ 2091,2092
Utah..........................
2129
Vermont...................
2139
Virginia... . . . . . . . . . . .
166
West Virginia...........
2238
Wisconsin....... .........
2271
Page.
1105
1115-1118
1144 166
1150,1151
Missouri.................... 1155-1158
Mississippi
Bulletin
No. 148.
Bulletin.
212-214
36
210
Missouri....................
Montana...................
Nebraska..................
Nevada.....................
New Jersey...............
Bulletin.
No.
Page.
195,198
200,201
352.353
420,421
441
442,445
474,475
546
647
692.693
727,740
791
809 166
829,830
859,861
906
907,911
978
1035,1036
1065
1117
1129,1130
1158,1179
1228
1298
1348,1349
1390 166
New York................. 1512,1513
North Dakota...........
1598
Ohio.......................... 1698-1700
Oklahoma.................
1713
Pennsylvania............ 1787,1802
1845,1858
Rhode Island............
1971
South Carolina.......... 1994,2002
South Dakota...........
2026
Tennessee..................
2060
Texas........................ 2097,2098
Utah.........................
2131
Vermont..................
2141
Washington..............
2191
West Virginia............
2238
Wisconsin................. 2269-2271
Children, employment of,
in mendicant, acrobat
ic, immoral, etc., occu
pations:
Arizona...................
198,200
California..................
271,272
Colorado....................
352.353
Connecticut...............
398
Delaware..................
431
District of Columbia.
451
Florida......................
469
Georgia.....................
491,492
Idaho........................
531,532
Illinois.......................
540
Indiana..................
630
692.693
Iowa..........................
727
Kansas.......................
791,792
Kentucky..................
812,813
Louisiana..................
863-865
Maine........................
877
Maryland..................
919,920
Massachusetts...........
978,979
Michigan................... 1046,1065
Minnesota................. 1105,1117
Missouri................... 1165,1166
Montana...................
1238
Nebraska...............
1298
Nevada.....................
1344
New Hampshire....... 1356,1357
New Jersey............... 1383,1384
New York................. 1543,1544
North Dakota.. . . ___
1598
Ohio..........................
1695
Oklahoma................. 1712,1713
35,36
168
169,171
■
254
BULLETIN OF T H E BUREAU OF LABOR STATISTICS.
Bulletin
No. 148.
Page.
Children, employment
of, in mendicant, etc.,
occupations—Concld.
Pp.rmsylvarn’f*, . ___
Porto Rico................
Rhode Island............
Texas........................
Utah..........................
Virginia.....................
Washington.......... .
West Virginia...........
Wisconsin.................
1790,1791
1857,1858
1955
1957,1963
1982,1983
2097,2098
2131
2159,2160
2181
2237,2238
2271
2272,2309
2330
Bulletin.
No.
Wyoming..............
(See also Children,
employment of, in
dangerous occupa
tions.)
Children, employment of,
in mines:
Arizona.....................
198,226
Colorado...................
323,353
Delaware..................
441
Idaho........................
507
Indiana.....................
630
Iowa.........................
727
Kansas......................
781,790
Kentucky.................
827 166
Louisiana..................
857
Maryland..................
907
Michigan...................
1063
Minnesota.................
1115
Montana................... 1217,1229
1344
Nevada.....................
New Jersey...............
1384 166
New Mexico.............
1433
North Carolina..........
1568
North Dakota........... 1583,1596
Ohio..........................
1629
1698,1700
Oklahoma................. 1704,1715
Pennsylvania............ 1860-1862
South Dakota............ 2010,2026
Tennessee..................
2060
Texas........................
2098
Virginia.....................
2163 166
Wisconsin............
2270
United States...........
2410
(See also Children and
women.)
Children, employment of,
in street trades:
Arizona...............:...
201
Delaware..................
446,447
455
District of Columbia.
472,474
Florida......................
Georgia...................
492
Kentucky..................
166
Louisiana..................
859
Maryland..................
897 166
911-914
942
Massachusetts...........
943,1009
1036-1039
1118
Minnesota.................
Missouri....................
1158
New Hampshire.......
1363
New Jersey...............
1416
New York................. 1538-1540 166
1544
O h io.......................
1697
1713
Oklahoma.................
Oregon.......................
1755
Rhode Island............
1975
South Carolina._____ 2007,2008
Utah.......................... 2131,2132
Virginia.....................
166
2270
Wisconsin.................
2278-2280
Page.
Bulletin
No. 148.»
Page.
Children, hiring out, to
support parents in idle
ness:
Alabama...................
160
Georgia....................
491
Louisiana..................
850
1149
Mississippi................
North Carolina..........
1566
Tennessee..................
2057
Texas........................
2092
Virginia.................... 2152,2153
Children, hours of labor
of:
Alabama...................
160
Arizona.....................
195,201
Arkansas...................
248
California..................
279
Colorado....................
356
Connecticut..............
417,418
Delaware..................
445
District of Columbia.
454
Florida......................
473,474
Georgia.....................
483,484
Idaho........................
531
Illinois......................
542,545
Indiana.....................
644,645
664,692
Iow a ........................
727
Kansas......................
791
Kentucky.................
829
35f36
Louisiana..................
859
Maine........................
869
Maryland..................
905
906,916
Massachusetts...........
971,972
1000,1036
Michigan................... 1041,1063
166
Minnesota.................
1116
Mississippi................
1150
Missouri...................
1155
Nebraska..................
1296
Nevada.....................
1349
New Hampshire....... 1355,1363
1370,1371
New Jersey............... 1388,1407
New York.................
1494
1495,1533
North Carolina..........
212
1572
North Dakota........... 1593,1598
Ohio..........................
1697
Oklahoma.................
1713
Oregon......................
1752
Pennsylvania............
1827
1858-1861
Porto Rico................ 1955,1962
Rhode Island........... 1984,1985
South Carolina..........
2001
South Dakota. .
2025,2026
Tennessee.................. 2057,2058
36,37
2062,2063
2132
Utah.........................
93
Vermont................... 2135,2145
Virginia..................... 2157,2158
Wisconsin................. 2266,2275
(See also Hours of
labor in general
employments.)
Children, illiterate, em
ployment of:
Arkansas...................
248
173,174
Colorado....................
325
Connecticut...............
399,400
444
Delaware..................
District of Columbia..
453
484
Georgia.....................
Idaho........................
531
Illinois.......................
545
645
Indiana.....................
Kansas..............
213
781
902,909
Maryland............. . .
932.933
Bulletin.
No.
Page.
166
35
166
148
166
166
169,170
181,182
i 66* *‘ 2i6;2i3
255
CUMULATIVE INDEX OF LABOR LAWS*
Bulletin
No. 148.
Page.
Children, illiterate, em
ployment of—Concld.
Massachusetts...........
Michigan...................
Minnesota.................
Missouri....................
Montana...................
Nebraska..................
New Hampshire.......
New York................
North Dakota...........
Ohio..........................
Oklahoma.................
Oregon......................
Pennsylvania............
Rhode Island............
Vermont..................
Wisconsin.'...............
Children, medical, etc.,
certificates for.
(See
Children, employed,
certificates, etc., for.)
Children, nightwork by:
Alabama...................
Arizona.....................
Arkansas...................
California..................
Colorado...................
Connecticut..............
Delaware..................
District of Columbia..
Florida......................
Georgia................ .
Hawaii......................
Idaho........................
Illinois......................
Indiana.....................
Iowa..........................
Kansas......................
Kentucky.................
Louisiana..................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
Mississippi................
Missouri....................
Nebraska..................
Nevada.....................
New Hampshire.......
New Jersey...............
New York.................
North Carolina..........
North Dakota...........
Ohio..........................
Oklahoma.................
Oregon......................
Pennsylvania............
Rhode Island___ ___
South Carolina..........
Tennessee..................
Utah.........................
Vermont...................
Virginia.....................
Washington..............
Wisconsin.................
Children of widows, de
pendent parents, etc.:
Arkansas...................
California..................
Colorado....................
Delaware...................
District of Columbia..
Georgia.....................
Michigan...................
Bulletin.
No.
Page.
974,975
1018,1019
1065
1116
1156
1218
1219,1276
1294
1363
1492
1597
1695
1713
1753
1860,1862
1968
2135
2273
160,161
201
248
279,299
352,356
418
445
452-454
474
484,492
506
530
542,545
645,692
727
791
829
859
897
972,1009
1036,1037
1063
1116
1150
1155
1296
1349
1363,1370
1388,1407
1416,1419
1494,1533
1572,1578
1598
1697
1713
1752,1755
1859,1861
1968,1975
2001,2007
2060
2131,2132
2135
2158
2186
2270
2275,2279
166
31,32
166
35-37
166
148
166
169,170
166
182
166
248
279
324
448
453
484 166
1064
1078,1079
212,213
31,32
Bulletin
No. 148.
Page.
Bulletin.
No.
Children of w i d o w s ,
etc.—Concluded.
1276
Montana..................
Nebraska.. . . . . . . . . . 1316,1317
166
New Jersey..............
1581
North Carolina........
1596
North Dakota..........
1677
Ohio........................
2026
South Dakota..........
2163
Virginia...................
2191
Washington..............
{See also Mothers’
pensions.)
Children, school attend
ance by. (See Children,
employment of, general
provisions.)
Children, seats for. (See
Seats for e m p l o y e d
children.)
Children,
vocational
training for. (See Vo
cational training.)
Children, wages of. (See
Earnings of minors.)
Children’s Bureau:
2431
United States...........
Children. (See
also
Children and women.)
Chinese, employment of:
261
California................ .
1230
Montana...................
1327
Nevada.....................
1764
Oregon......................
United States........... 2356,2412
Chinese, exclusion, regis
tration, etc., of:
Hawaii.................... .
1939
Philippine Islands....
1942-1944
2355-2360
United States..
2411,2412
Chinese labor, products
of, not to be bought by
State officials:
263
California................
Cigar factories, regulation
of:
166
Maryland.................
Wisconsin............... .
Citizens to be employed.
(See Aliens, employ
ment of; Public works,
preference of resident
laborers on.)
Civil service:
Colorado...................
Louisiana................ .
941 166
Massachusetts...........
1215
Missouri....................
1376,1402
New Jersey..............
1417,1418
1453,1454
New Y o rk ....
1604
Ohio...............
1850,1851
Pennsylvania.
1856,1857
2257
Wisconsin.................
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.)
Coercion of employees in
trading, etc.:
187
Alaska......................
346,347
Colorado.................. .
468,469
Florida.....................
529
Idaho................... .
Page.
93,94
131
256
BULLETIN OP TH E BUREAU OF LABOR STATISTICS.
Bulletin
No. 148.
Page.
No.
Coercion of employees in
trading, etc.—Concld.
Indiana-T, ________
640,641
735
Iowa..........................
821
Kentucky.................
Maryland..................
920
967
Massachusetts...........
Minhigati... r___
1050
Montana T T . „- 1239
Nevada ........ r, r,,
1342,1343
New Jersey...............
1398
New Mexico..............
1438
1693
Ohio..........................
Oregon...................... 1749,1750
1950
Philippine Islands...
1954
Porto Rico................
2093
Texas.......................
Utah......................... 2125,2129
Washington,____ ,
2190
2214,2215
2235
West Virginia...........
(See also Company
stores.)
Coercion. (See Intimida
tion; Protection of em
ployees, etc.)
Collection of statistics.
(See Bureau of labor.)
Color blindness of rail
road employees. (See
Examination, etc., of
railroad employees.)
Combination, right of.
(See Conspiracy, labor
agreements not; Protec
tion of employees as
members o f labor or
ganizations.)
Combinations to fix
wages, etc.:
850,851
Louisiana.. . . . . . . . . . .
Commerce and Labor,
Department of:
united States............ 2412,2413
Commission, employers’
liability:
New Jersey............... 1414,1415
Commission, industrial,
etc.:
304
California.................
316-321
Massachusetts...........
166
New Y ork................ 1484-1486
1496
1500,1506
1516,1524
Ohio.......................... 1604-1615
Oregon , ............. .... 1775-1780
Pennsylvania............ 1923,1924
Wisconsin ............. 2255,2268
2293-2302
Commission, industrial,
etc., orders of:
New York................ 1561,1562
Wisconsin................. 2311-2325
Commission, labor. (See
Labor commission.)
Commission on convict
labor, digest of laws as
145
to..................................
Commission on cost of
living, digest of laws as
145
to .............................
Commission on employ
er’s liability and work
mens’ compensation,
149,150
digest of laws as to.......
Commission on employ
ment offices, digest of
145
law as to.......................
Bulletin
No. 148.
Bulletin.
Page.
Page.
Commission on employ
ment of women and
children, digest of laws
as to.............................
Commission on. factory
inspection, digest of
laws as to.....................
Commission on homes for
w o r k i n g me n . (See
Homes, etc.)
Commission on immigra
tion. (See Immigra
tion.)
Commission on immigra
tion, digest of laws as to.
Commission on industrial
accidents, digest of law
as to.............................
Commission on indus
trial relations, digest of
law as to.......................
Commission on labor on
public works, digest of
law as to...................
Commission on mine reg
ulations:
Marviand..................
Commission on mine reg
ulations. etc., digest of
laws as to.....................
Commission on mini
mum wages, digest of
laws as to.....................
Commission on mothers’
pensions, digest of laws
as to.............................
Commission on occupa
tional diseases, digest
of laws as to.................
Commission on old-age
pensions, digest of law
as to.............................
Commission on rates of
insurance for work
men’s compensation:
Massachusetts...........
Commission on unem
ployment, resolution as
135
No.
Page.
149
145,146
146
146
146,147
147
166
94
166
143
Arizona......................
126
California _________ !.................. 126
182,183
190-192
237-241
216-218
227-230
Commissioner of labor.
(See Bureau of labor.)
Company doctors. (See
Physicians, employ
ment of.)
Company stores:
Colorado...................
Connecticut...............
Indiana.....................
Louisiana..................
Maryland..................
New Jersey...............
New York.................
Ohio..........................
Pennsylvania............
Virginia.....................
West Virginia...........
(See also Coercion of
employees in trad
ing; Payment of
wages in scrip.)
Compensation, amount
of:
•
Bulletin.
Canal Zone................ !
Connecticut............... !
Illinois....................... I
147
147,148
148
148
148,149
149
346,347
408
640
641,687
853
895,896
920,940
1397,1398
1479
1693
1791
1792,1817
2159
2235
166
'126
'126
257
CUMULATIVE INDEX OF LABOR LAW S.
Bulletin
No. 148.
Page.
Compensation, amount
of—Concluded.
Iowa..........................
"Kansas_______
Kentucky..................
Louisiana
Maryland..................
Massachusetts...........
Michigan___________
Minnpsnta__________
Nebraska..................
Nevada.....................
New Hampshire.......
New Jersey...............
New York.................
Ohio..........................
Oregon......................
Rhode Island............
Tp/ras-.............
Washington_____
West Virginia............
Wfc^vnsfn______
United States............
Compensation awards,
determination of:
Arizona.....................
California..................
Canal Zone................
Connecticut...............
Illinois.......................
Iowa..........................
Kansas......................
Kentucky..................
Louisiana..................
Maryland..................
Massachusetts...........
Michigan....................
Minnesota..................
Nebraska..................
Nevada.....................
New Hampshire.......
New Jersey...............
New York.................
Ohio..........................
Oregon......................
Rhode Island............
Texas........................
Washington..............
West Virginia...........
Wisconsin...........
United States............
Compensation, burial ex
penses as part of:
Arizona.....................
California..................
Canal Zone................
Connecticut...............
Illinois.......................
Iowa..........................
Kansas......................
Kentucky..................
Louisiana..................
Maryland..................
Massachusetts........
Michigan...................
Minnesota.................
Nebraska..................
Nevada.....................
73734°—'•Bull. 1 6 6 -1 5 -
Bulletin.
No.
Page.
Compensation, burial ex
penses as part of—Con.
243,244
New Hampshire.......
256
New Jersey...............
46-48
New York.................
78-81
116-118
Ohio.........................
Oregon......................
266-268
137,138
Rhode Island............
Texas........................
279-281
292-294
Washington..............
305,306
West Virginia...........
Wisconsin.................
320
326,327 Compensation, classifica
tion of employments
329-331
for:
167
338,339
Arizona.....................
Illinois......................
344,345
Kentucky.................
180
166
Maryland..................
126 368,369
126 379-382
Nevada........
126 387-389 1
397
New Y ork...
126
Oregon.........
126 409,410
424
Washington..
126
126 431-434
West Virginia...........
126 441,442
Compensation commis
sions, administrative:
California..................
126 184,185
Connecticut..............
126 195-197
Illinois......................
209-213
Iowa.........................
166 243,244
Kentucky
126 219-221
126 231-234
Massachusetts..
245
126
249,250
Michigan........ .
126 258,260
Nevada...........
45
166
New York___
48-50,53
81-84
166
Ohio.............. .
166 119,121
Oregon........... .
126 268-271
Texas..............
166 139,140
Washington__
282
126
West Virginia.,
284,285
126 296-298
Wisconsin.................
126 309,310
322 Compensation commis
126
sions, etc., employers
327
126
to report accidents to:
329
126
California..................
332,334
Canal Zone.............. .
126
339
4 346,347
Connecticut............. .
Illinois................... .
126 370,371
Iowa........................
.
382
126
Kentuck'
384,385
126 390-394
Massachusetts..
126
398
Michigan.........
411
126
413-415
New York...............
126
425
Ohio........................
126 436,437
Oregon.....................
126 441,442
Texas.......................
Washington.............
United States..........
126 183,184
126 192,197 Compensation, commis
sions to investigate__
166
241
126
217 Compensation, contrac
tors’ and subcontrac
126
227
243
tors’ liability for:
126
California.................
126
256
Connecticut.............
166
46
Illinois.....................
166
81
Kansas.....................
166
118
126
Louisiana................
267
Massachusetts..........
280
126
Michigan..................
294
126
126
306
Nebraska.................
126
Nevada....................
320
Bulletin
No. 148.
Page.
126
126
166
166
166
126
166
126
126
126
126
126
126
166
126
-17
Bulletin.
No.
Page.
326
330,331
167
338,345
370
379
388
397
409
423
432
181,182
226
40-42,52
110
113-115
318
340,342
376
403
407,408
420,421
188,189
219
231,232
248,249
38-40,51
104-107
269,270
135,140
283,284
316-318
350-353
174
358-361
373-375
398
414-416
417,418
428,429
436
208
241
219,220
237,238
250,251
51
118
271,272
285
322
356,357
372
384
399
413
442
149,150
197,198
216
238
254
78
271
278
304
316
258
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
Bulletin
No. 148.
Page.
Compensation, contrac
tors’ , etc.—Concluded.
New Jersey...............
Texas, r
T____
Wisconsin.................
Compensation, employ
ments covered by:
Arizona.....................
California............. ...
f!a.nal Znno.
Connecticut..............
Illinois...................
Iowa........... .............
Kansas......................
Kentucky.................
Louisiana,_____
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
No.
328
399
430
126
126
166
126
126
126
126
166
166
166
126
126
126
181,182
190
237
215,216
226,227
239
254,255
40-42
75,76
113-115
266
277,278
291
300,301
302,304
313,314
324,325
328,334
337,338
340-342
363
371,372
375-377
379
386,399
396,405
403,411
418,424
430,437
441-444
Ohio..........................
126
Oregon......................
126
Rhode Island............
Texas........................
Washington..............
West Virginia...........
Wisconsin.................
United States...........
Compensation for alien
nonresident beneficia
ries:
California..................
Connecticut..............
Kansas......................
Maryland..................
Micnigan...................
Minnesota.................
Nebraska..................
New Hampshire.......
New Jersey...............
126
126
126
126
126
126
126
126
126
166
126
126
126
126
126
166
126
126
126
126
126
126
126
126
Canal Zone................
Connecticut...............
Illinois.......................
Iowa..........................
166
126
126
126
Kansas......................
Kentucky.................
Louisiana..................
Maryland..................
126
166
166
166
Massachusetts...........
Michigan...................
126
126
Minnesota.................
126
Nebraska..................
126
Nevada.....................
New Hampshire.......
New Jersey...............
126
126
126
Page.
126
126
126
Nebraska. . . . . . .
126
12fi
Nevada.....................
New Hampshire . ..... ................ '126
New Jersey............... _________
New York...............
126
New York.................
Ohio..........................
Oregon......................
Washington..............
West Virginia...........
Wisconsin.................
Compensation, injuries
entitled to:
Arizona.....................
California..................
Bulletin
No. 148.
Bulletin.
190
217
256
118
2/8
296,297
306,307
326
331
167
346
373
376
404
425
435
181,182
190
191,193
237
215-217
225,228
239
243,247
253,256
46,49
76,85
107,108
119,120
266
277
279,281
290,291
295,301
302
308,313
313-315
325
328.329
Bulletin.
No.
Compensation, injuries
entitled to—Concluded.
New York.
338
343,345
364,367
194,195
375
382,383
386
387,389
396
Ohio...............
Oregon...........
Rhode Island.
Washington__
404
409,411
423
429
431,434
441-443
West Virginia..
Wisconsin......
United States...........
Compensation insurance,
general provisions as to:
California..................
Connecticut...............
Iowa..........................
Kentucky..................
Louisiana..................
Maryland..................
199,200
222-224
252,253
42-44,52
84-86
95-98
109-113
272-274
127
286
298,299
311,312
349,350
365
367,368
402
439,440
Massachusetts..
Michigan...
Minnesota..
Nebraska..
New York.
Ohio..........
Texas........................
Wisconsin.................
Compensation insurance,
premiums for:
Kentucky.................
Maryland..................
42
96
109-111
273
140,143
287
318
319,322
354,356
173
361-364
- 378
379,383
400,401
405
406,411
421
422,426
Massachusetts..
Michigan..
Nevada...
New York.
Ohio__
Oregon..
Texas...........
Washington..
West Virginia.
Compensation insurance,
State funds for:
California..................
Kentucky................
Maryland................
Massachusetts..........
Michigan..................
Nevada...................
New York...............
201-205
43,44
109-113
274
287-289
320
349
353-356
361-365
377-379
399-401
405
414-416
417,422
Ohio.............
Oregon.........
Texas...........
Washington..
West Virginia...........
Compensation law not
retroactive:
Iowa..........................
Compensation, liability of
third parties for:
Canal Zone................
Connecticut...............
Illinois.......................
Iowa..........................
756
244
216
237
242
259
CUM ULATIVE INDEX OF LABOR LAWS,
Bulletin
No. 148.
Page.
Compensation,liability of
third parties for—Con.
Kansas......................
Kentucky..................
Louisiana..................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
Nebraska...................
Nevada.....................
New Jersey...............
New York.................
Oregon......................
Rhode Island............
Washington...............
Wisconsin..................
Compensation, medical,
etc., treatment as part
of:
California..................
Canal Zone................
Connecticut...............
Illinois.......................
Iowa..........................
Kentucky........ .........
Louisiana..................
Maryland........ .........
Massachusetts...........
Michigan__
Minnesota...
Nebraska__
New Jersey..
New York..
Ohio...........
Oregon.............. . —
Rhode Island............
Texas........................
Washington..............
West Virginia...........
Wisconsin.................
Compensation, notices,
etc., of accidents sub
ject to:
Arizona.....................
California..................
Canal Zone................
Connecticut..............
Illinois......................
Iowa..........................
Kansas......................
Kentucky................ .
Louisiana.................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
Nebraska................. .
Nevada................... .
New Hampshire.......
New Jersey............. .
New York................
Ohio........................
Oregon......................
Rhode Island..........
Texas...................... .
Washington..............
West Virginia...........
Wisconsin.................
United States...........
(See also Accidents,
industrial, reports
and investigations
of.)
Bulletin
No. 148.
Bulletin.
No.
Page.
254
52
78
121
271
285
299,300
305
316
335
348
375
394
404
439
190
239,240
216,217
228
243
46
81
118,119
266
137
279
295
305
331
343
364
366,370
383
387
397
410
423
431
184,185
195
242,243
220
235
242
258
51,53
82,85
118
268,269
282
295,296
309,310
322
326
332,335
338
346,348
366,367
384
390,394
397,398
412,413
425
435,436
442,443
Page.
Bulletin.
No.
Compensation of work
men for injuries:
Arizona...................
California................
Canal Zone..............
Connecticut.............
Illinois.....................
Iowa........................
Kansas.....................
Kentucky................
Louisiana................
Maryland................
Massachusetts..
Michigan.............
Minnesota...........
Nebraska............
Nevada...............
New Hampshire.
New Jersey.........
New York.
Ohio.
Oregon...................
Philippine Islands.
Rhode Island..
Texas..............
Vermont.........
Washington__
West Virginia..
Wisconsin........
Wyoming........
United States.
Compensation payments,
assignment,
attach
ment, etc., of:
Arizona....................
California..................
Canal Zone................
Connecticut..............
Illinois......................
Kansas......................
Louisiana.................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
Nebraska..................
Nevada.....................
New Hampshire.......
New Jersey.......... .
New York.................
Ohio.........................
Oregon......................
Rhode Island...........
Texas........................
Washington..............
West Virginia...........
Wisconsin.................
United States...........
Compensation payments,
mode of:
Arizona.....................
California..................
1939
1944,1945
2365,2366
2435-2437
Canal Zone..
Connecticut.
Illinois........
Iowa............................................ 126
Page.
181-187
187-215
237-245
215-225
225-238
239-253
253-262
38-53
75-86
95-98
104-123
266-277
127
134-140
277-290
290-301
302-313
313-324
324-328
328-337
167
337-357
173,174
179-181
358-373
194,195
373-385
386-395
396-402
402
403-417
417-429
429-441
441
233
441-444
186
197,198
244
222
234
257
84
120
269
282
297,298
303,312
312,321
328
329,334
339,349
370
384
391
396
412
425
439
442
183
190
194,199
240-242
221,222
227
228,230
243,245
OF TH E BUREAU OF LABOR STATISTICS.
Bulletin
No. 148.
Bulletin
No. 148.
Bulletin.
No.
Page.
257,260
47-49
80,81
120
267-269
138,139
282,283
286,289
292
294,297
308,310
320,321
326,327
331-334
336,337
167
338
347,348
366,370
380-383
387
390,391
397,398
409-411
424.425
431
432,434
441,442
126
126
126
126
126
126
166
166
166
126
126
126
126
126
126
126
126
126
126
126
186
197,200
222
235,236
252,253
260
52
84
108,109
272-275
286
297,298
311,312
319,320
325,328
334
339
348,349
180,181
361-363
368
382,384
391
399
400,402
407,410
417,422
439
126
166
126
126
126
126
166
166
126
166
126
126
126
126
126
166
126
126
126
126
190
237
223
226
239
254
75
116
275-277
134
277
301
302,304
314
336,337
179
363
413
430
441-444
166
126
126
126
126
Bu]
No.
Compensation schedules
for specific injuries:
Connecticut..............
Canal Zone..............
Illinois......................
Iowa.........................
Kentucky.............
Louisiana.................
Maryland..................
Massachusetts...........
Michigan...................
Miinnesota.................
Nebraska..................
Nevada.....................
New Jersey...............
New York....... : ........
Ohio..........................
Oregon......................
Rhode Island............
Texas........................
West Virginia...........
Wisconsin.................
Compensation, substitute
schemes of:
Arizona.....................
California..................
Connecticut...............
Illinois......................
Iowa..........................
Louisiana...
Maryland...
Michigan__
Minnesota..
Nebraska...
Nevada.......
New Jersey.
New York..
Ohio...............
Rhode Island.
Texas.............
Washington..............
West Virginia...........
Wisconsin.................
(See also Compensa
tion, waiver of
right to.)
Compensation system,
defenses abrogated for
rejection of:
Arizona...................
California............... .
Connecticut.............
Illinois.....................
Iowa........................
Kentucky..................
Louisiana..................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
Nebraska..................
Nevada.....................
New Hampshire.......
New Jersey...............
New York................
Ohio..........................
Oregon......................
Rhode Island...........
Texas........................
Washington..............
West Virginia.......
Wisconsin................
Compensation system,
mode of election of:
Connecticut.............
Illinois.....................
Iowa........................
&e.
.126
. 166
. 126
. 126
. 166
. 166
.166
. 126
166
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
218
'-239
1,229
244
[6,47
79
117
r,268
138
),281
5,293
>,306
>,321
330
1,345
5,369
,382
5,389
397
424
433
. 126
. 126
. 126
.126
. 126
. 126
. 166
. 166
. 126
. 126
. 126
. 126
. 126
. 126
166
. 126
. 126
. 126
),200
186
221
236
252
261
86
. 126
. 126
. 126
)7,98
286
299
312
321
329
349
180
5,372
395
396
7,402
412
422
439
. 126
. 126
. 126
. 126
. 126
. 126
. 166
. 166
. 166
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
. 126
1,182
190
215
226
239
262
46
77,78
108
266
277
290
302
314
325
328
343
366
377
386
396
403
423
429
. 126
. 126
.126 1
216
225
261
CUMULATIVE INDEX OF LABOR LAW S.
Bulletin
No. 148.
Page.
Compensation system,
etc.—Concluded.
Kansas....................
Kentucky................
Louisiana................
Maryland.................
Massachusetts..........
Michigan.............
Minnesota...........
Nebraska............
Nevada...............
New Hampshire.
New Jersey.........
New York...........
Oregon................
Rhode Island............
Texas........... ............
West Virginia............
Wisconsin.................
Compensation, waiting
time for:
Arizona.....................
California..................
Canal Zone................
Connecticut...............
Illinois.......................
Iowa..........................
Kansas......................
Kentucky..................
Louisiana..................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
Nebraska...................
Nevada.....................
New Hampshire.......
New Jersey...............
New York.................
Ohio..........................
Rhode Island............
Texas........................
West Virginia............
Wisconsin.................
United States...........
Compensation, waiver of
right to:
California..................
Connecticut...............
Illinois.......................
Iowa..........................
Kentucky..................
Louisiana..................
Maryland..................
Massachusetts...........
Michigan...................
Nebraska..................
Nevada.....................
New Jersey...............
New York.................
Ohio..........................
Rhode Island..........
Texas........................
Washington........... ..
JVest Virginia............
Wisconsin.................
United States...........
Complaints by railroad
employees:
Massachusetts...........
949
Compressed-air tanks:
Massachusetts...........
1022
Compressed air, work in:
New Jersey..............
New York................. 1526-1529
Conciliation. (See Arbi
tration.)
Bulletin
No. 148.
Bulletin.
No.
Page.
261
44,45,53
76-78
115,116
266,272
134
277,278
291,292
303
313-316
325
329
337
375,377
378
386
396,400
422
430
182
191
237
217
253
46
81
120
266
279
295
305
321
325
331
338,343
368
387
397
424
431
442
222
235
242,247
45,50
86
120
269
282
309
321
335
349
371
391
397
412
422
429
443
135
155-158
Page.
Bulletin.
No.
Conspiracy against work
men:
Alabama...................
154
Florida......................
469,470
Georgia.....................
488,489
Hawaii......................
498,499
Kansas......................
767
Minnesota.................
1104
Mississippi................
1144
Nevada.....................
1338
New York.......... ......
1545
North Dakota...........
1591
Washington..............
2180
(See also Interference
with employment,
and cross refer
ences.)
Conspiracy, labor agree
ments not:
276
California..................
Colorado....................
334
Maryland..................
916
Massachusetts...........
166
Minnesota..................
1104
1344
Nevada.....................
New Jersey...............
1400
New York.................
1545
North Dakota...........
1591
Oklahoma.................
1720
Pennsylvania............ 1784,1818
Porto Rico................
1953
Texas........................
2079
West Virginia...........
2252
Conspiracy. (See also In
terference: Intimida
tion.)
Contract labor, alien. (See
Alien contract labor.)
Contract work on public
buildings:
California..................
263
Contractors’ bonds for the
protection of wages,
summary of laws re
quiring.........................
77-79
Contractors’ debts, liabil
ity of stockholders for,
list of laws determining.
79
Contracts of employees
waiving right to dam
ages:
Alabama...................
153
Arizona.....................
213
241
Arkansas...................
266
California..................
Colorado...................
323
Florida......................
477
Georgia.....................
481,483
643
Indiana................... .
644,665
666,689
Iowa.............. .
720
878
Maine..............
Massachusetts-.
990
Michigan.........
1057
Mississippi___
1143
Missouri..........
1168
1217,1232
Montana.........
1242,1246
1312
Nebraska...............
1337
Nevada........ ; .......
New Mexico...........
1433
New York..............
1555
North Carolina.......
1577
North Dakota........
1593
1667,1685
Ohio......................
1704
Oklahoma..............
Philippine Islands.
1949
South Carolina.......
1991
Page.
142
262
BULLETIN OF TH E BUREAU OF LABOR STATISTICS.
Bulletin
No. 148.
Page.
Contracts of employees
waiving right to dam
ages—Concluded.
Texas........................
Virginia.....................
Wisconsin.................
Wyoming.................
No.
2087,2088
2152,2154
2289,2290
2327,2328
2332,2352
United States...........
2420
(See also Compensa
tion; Liability of
employers for inju
ries, etc.)
Contracts of employment,
regulation, etc., of.
(See Employment of
labor.)
Contracts of employment,
violation of, endanger
ing life:
Nevada.....................
1310
New York.................
1550
2182
Wash inpton..............
Contracts of employment
with intent to defraud.
(See Employers’ ad
vances, repayment of.)
Contributions,
forced.
(See Forced contribu
tions.)
Convict labor, commis
sions, etc., on...............
145
Convict labor, digest of
laws relating to...........
99-127
Convict labor, employ
ment of, in mines:
Oklahoma.................
1737
Coolie labor:
261
California..................
Nevada.....................
1345
United States........... 2355,2356
Cooperative associations,
I
list of laws relating to ..
87-92
Cooperative retirement,
etc., funds:
993
Massachusetts...........
Copyrights:
united States........... 2405,2406
Core rooms, employment
of women in:
Massachusetts ... . 1011,1012
New York.................
1513
Com huskers, guards on.
(See Guards for danger
ous machinery.)
Corporal punishment of
minor employees. (See
Children, corporalpunishment of, by employ
ers.)
Corporations, liability of
stockholders in, for
wage debts; list of laws
determining..................
79
Corporations, pensions for
employees of:
1783
Pennsylvania
Corporations, profit shar
ing by.
(See Profit
sharing.)
Corporations, restriction
of powers of:
|1791,1792
Pennsylvania
Corporations, s p e c i a l i
stock for employees of: i
|
946 166
Massachusetts
Cost of living, commis
145
sion, etc., on.................
Costs in suits for wages.
(See Suits for wages.) 1
Bulletin
No. 148.
Bulletin.
Page.
Page.
Bulletin.
No.
Page.
Cotton bales, bands, ties,
etc., of:
Texas......................... 2075,2076
Couplers, safety. (See
Railroads,safety appli
ances on.)
D.
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.)
Dangerous,inj urious,etc.,
employments:
Arizona.....................
198
203,204
Colorado....................
389
Massachusetts...........
978
Missouri.................... 1211-1214
New York.................
1516
Ohio.......................... 1668,1669
1698-1700
Oklahoma................. 1712,1713
Penns ylvania............
1934
W ashington...............
2179
Wisconsin................. 2269-2271
Days of rest for railroad
employees:
Maryland..................
166
Massachusetts...........
166
(See also Weekly day
of rest.)
Deaf, division for, in bu
reau of labor:
Minnesota.................
1126
Death.
(See Injuries
causing death; Negli
gence, etc.)
Deceased employees, pay
ment of wages due.
(See Payment of wages
due deceased employ
ees.)
Deception in employ
ment of labor. (toE m ployment of labor, de
ception in.)
Department of Commerce
and Labor:
United States........... 2412,2413
Department of labor.
(See Bureau of labor.)
Department of mines.
(See Bureau of Mines.)
Discharge, etc., of em
ployees of public-service corporations:
Massachusetts...........
968
Discharge, notice of intentention to. (See Em
ployment, termination
of, notice of.)
Discharge of employees
on account of age:
Colorado...................
334
Discharge, statement of
cause of:
Florida......................
466,467
Indiana.....................
642,690
Missouri.................... 1160,1161
Montana...................
1230
Nebraska.................. 1292,1293
141
Nevada.....................
1341
Ohio..........................
1685
Oklahoma.................
1721
Oregon...................... 1771,1772
Texas........................ I 2074,2075
93
140,141
263
CUMULATIVE INDEX OF LABOR LAW S.
Bulletin
No. 148.
Page.
Discharge, statement of
cause of—Concluded.
Wisconsin.................
(See also Blacklisting;
Employment of laDischarged 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.)
Docks, safety appliances
at:
New Jersey...............
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., pro
vision for. (See Fac
tories and workrooms,
ventilation of.)
2308
1423
E.
Earnings of married wo
men, list of laws secur
79,80
ing the.....
...........
Earnings of minors:
265
California
521
Idaho
738
Io w a .......................
790
Kansas
.............
1096,1104
Minnesota
1230
Montana
1454
New York.................
1586
North Dakota..........
1738
Oklahoma...............
1955
Porto Rico................
1997
South Carolina........
2012
South Dakota...........
Utah..........................
2120
Virginia. .
....... .. .
2157
Washington.. .
2185
Eating in workrooms.
(See Food, taking into
certain workrooms.)
Education, industrial.
(See Vocational train
ing.)
Eight-hour day:
187,188
Alaska.......................
195-197
Arizona.....................
205,206
209,215
216
247
Arkansas...................
261,263
California..................
264,274
275,305
323
Colorado...................
334,389
Connecticut..............
407
415,423
District o f Columbia.
451,463
Hawaii......................
496
Idaho........................
507
519,520
529,530
Illinois......................
541
Indiana.....................
639
Kansas......................
770
Kentucky..................
832,833
Maryland..................
934
Bulletin.
No.
Page.
Bulletin
No. 148.
Page.
Bulletin.
No.
Page.
Eight-hour day—Concld.
Massachusetts........... 970,1001
Minnesota................. 1095,1096
Missouri....................
1175
1185,1216
Montana................... 1217,1226
1227,1230
Nevada..................... 1325,1326
1338-1340
New Jersey...............
1415
1429,1430
New Mexico..............
1433
New York.................
1476
Ohio.......................... 1603,1665
Oklahoma.................
1704
1718,1737
Oregon...................... 1760,1761
1773,1774
Pennsylvania............ 1791,1845
Porto Rico................ 1953,1954
1964,1965
Texas........................
2101
Utah......................... 2105,2108
Washington.............. 2191-2193
West Virginia........... 2236,2237
Wisconsin.................
2280
Wyoming.................. 2327,2334
2335,2350
United States........... 2361-2363
2412,2414
2430,2432
2433,2436
(See also Hours of la
bor on public roads.)
Electric installations, sub
ways, etc.:
California..................
297,298
Indiana.....................
697
Massachusetts.............
946
Nevada..................... 1350-1353
Oregon...................... 1759,1760
Washington.............. 2221-2224
Electricians, examina
tion, etc.. of, digest of
law relating to.............
143
Electricity, use of, in
mines.
(See Mines,
electric wiring, etc., in.)
Elevatoroperators, exam
ination, etc., of, digest
of law relating to..........
143
Elevators, inspection and
regulation of:
Massachusetts........... 1031-1033
New Jersey............... 1423-1426
New York.................
1496 JL66 " i.82, i.83
Wisconsin................. 2313-2320 166 215,216
(See also Inspection
of factories, etc.)
Emigrant agents:
Alabama...................
155
Florida......................
465,469
Georgia.....................
479,491
Hawaii......................
502-504
Mississippi................
1152
North Carolina..........
1571
South Carolina..........
2007
(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:
852
Louisiana..................
264
B ULLETIN OF TH E BUREAU OF LABOR STATISTICS.
Bulletin
No. 148.
Page.
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
agamst.)
Employees, forced con
tributions from. (See
Forced contributions.)
Employees, intimidation
of. (See Intimidation.)
Employees, intoxication
of. (See Intoxication,
etc.)
Employees’ inventions:
United States........... 2433,2435
Employees, loans to:
8GG
Louisiana..................
Employees not to be dis
charged on account of
age:
334
Colorado...................
Employees, protection of.
(See Protection of em
ployees, etc.)
Employees,
railroad.
(See Railroad employ
ees.)
Employees, safety and
health laws authorized
for:
1453
New York.................
Ohio..........................
1603
Employees, sale of liquor
to. (See Intoxicants,
sale of, to employees.)
Employees,
soliciting
money from. (See Em
ployment, foremen, etc.,
accepting fees for fur
nishing.)
Employees, taxes of.
(See Liability of em
ployers for taxes, etc.)
Employees, time for, to
vote. (See Time to
vote, etc.)
Employees, transporta
tion of. (See Trans
portation of employees.)
Employees, vaccination
of. (See vaccination.)
Employer and employee,
obligations of. (See
Employment of labor.)
Employers’ advances, in
terest on:
866
Louisiana.................
Employers’ advances, re
payment of:
155,156
Alabama..................
162,163
246,247
Arkansas.................
469,478
Florida....................
491
Georgia....................
851,852
Louisiana................
Minnesota................ 1108,1109
Bulletin
No. 148.
Bulletin.
No.
Page.
Bulletin.
No.
Employers’ advances,re
payment of—Concld.
Mississippi................
New Mexico..............
North Dakota...........
Philippine Islands...
South Carolina..........
Employers’ certificates,
forgery of:
Georgia.....................
Minnesota.................
Nevada.....................
Pennsylvania............
Washington..............
Wisconsin.................
Empl o ye r s ’ liability.
(See Liability of em
ployers for injuries, etc.)
Employers’ liability com
mission. (See Commis
sion.)
Employers to furnish
names of employees to
officials of county, etc.:
Arkansas...................
California..................
Colorado...................
Hawaii......................
Idaho........................
New Mexico..............
North Carolina..........
South Carolina..........
Washington..............
Wyoming..................
Employment, abandon
ment of. (See Con
tracts of employment.)
Empl o yme nt agents.
(See Employment of
fices.)
Employment, contracts
of. (See Contracts of
employment; Employ
ment of labor.)
Employment, discrimi
nation in, forbidden:
Indiana.....................
Employment, foremen,
etc., accepting fees for
furnishing:
Alabama...................
Arizona.....................
Connecticut...............
Florida......................
Montana...................
Nevada.....................
New Hampshire.......
New Jersey...............
Pennsylvania______
Utah.........................
Employment, interfer
ence with. (See Inter
ference with employ
ment.)
Employment, notice of
termmation 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.)
1144,1145
1439,1440
1594,1595
1949
2004,2005
1107
1342
1828,1829
2183
2307
238
274
343
497
523,524
1440,1441
1571,1572
2006
2186,2187
2329
648
182,183
202,203
407
471
1242
1341
1362
1406
1837,1867
2129
Page.
265
CUMULATIVE INDEX OF LABOR LAWS.
Bulletin
No. 148.
Page.
No.
Page.
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 employEmployment of labor by
public-service corpora
tions:
Employment of labor,
deception, etc., in:
Page.
Employment of women.
(See Women, employ
ment of.)
E m p l o y m e n t offices,
commission on.............
E m p l o y m e n t offices,
free public:
Colorado...................
Connecticut...............
Illinois.......................
Indiana.....................
Kansas......................
Louisiana..................
Maryland................
Massachusetts...........
Michigan...................
Minnesota.................
Missouri....................
Montana...................
Nebraska..................
New York.................
Ohio..........................
Oklahoma.................
Philippine Islands__
908
188,189
276
364,365
550,551
Illinois.......................
968
1138
1239
1325,1353
1546
New York.................
1720
1761,1762
2056,2057
2282
{See also Strikes, no
tice of, in adver
tisements for la
borers.)
Employment of labor,
general provisions:
233,234
Arkansas...................
265-269
California
...........
407,408
Connecticut
... .
frAnroiii
483
486,488
TTaWflii
497
518
Idaho
■
TiidiflTift
629,648
816
Kentucky
846-848 166
966-970
1053,1054
Michigan
1160,1161
Missouri
Montana
1232-1235
1475-1482
New York
North Dakota
1586-1589
1603
Ohio
1718-1721
Oklahoma
1949
Philippine Islands...,
1955,1956
Porto Rico
South Carolina.......... 1997-1999
2004,2005
2012-2015
South Dakota
2105
Utah
2152
Virginia
2258
Wisconsin
2280-2282
Wvomin?
2327
2354
United States...........
2362,2363
(See also Contracts of
employment; Dis
charge, statements
of cause of; Em
ployers’ advances;
Employment, ter
mination of; Exam
ination, etc.; In
spection of facto
ries; Wages, etc.)
Employment of labor on
public works.
(See
Public works, labor
on.)
Employment of police
men as laborers:
038
Marvland..................
Bulletin
No. 148.
Bulletin.
87
Bulletin.
No.
Page.
145
329-331
406,410
551-553
698,699
771,772
92
166
904 166
94
962,963
1072,1073
1135,1137
1171,1173
1218
1291
i 66 ” i74-i76
1609,1615
1710,1711
1946
1949,1950
1976
Rhode Island............
South Dakota........... 2023,2024
West Virginia...........
2238
Wisconsin.................
2297
Employment offices, pri
vate:
264
California..................
308-312
Colorado...................
348-350
406,407
Connecticut...............
412,413
459-463
District of Columbia.
497
Hawaii......................
Idaho........................
517,518
574-579
Illinois......................
677-680
Indiana.....................
728,729
Iowa..........................
799,800
Kansas......................
Kentucky..................
821
Louisiana.................. . 843,844
887-889
Maine........................
945
Massachusetts...........
Michigan................... 1093,1094
Minnesota................. 1097,1098
Missouri.................... 1172,1173
Montana...................
1230
Nevada..................... 1328,1342
New Hampshire....... 1359,1360
New Jersey............... 1377-1382
New York................. 1461-1469
1532,1533
Ohio.......................... 1615-1617
Oklahoma................. 1711,1712
Pennsylvania........... 1852-1856
Rhode Island............
1967
2058
Tennessee..................
Utah......................... 2125-2129
2161
Virginia.....................
2162,2165
Washington..............
2183
2229
West Virginia...........
Wisconsin................. 2302-2304 166 228-232
(See also Emigrant
agents;
Lodging
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:
870
Maine........................
£83
Massachusetts...........
266
BULLETIN OF TH E BUBEAU OF LABOB STATISTICS.
Bulletin
No. 148.
Bulletin
No. 148.
Bulletin.
No.
No.
Examination, etc.—Con.
Tennessee.................. 2044-2046
2048
Utah___
2118
Virginia.,
2167
2171,2172
Wyoming................. 2340,2341
Examination, etc., of
moving-picture
ma
chine operators, digest
of laws relating to........
136,137
Examination of plumb
ers, digest of laws re
lating to.......................
Examination, etc., of rail
road employees:
Alabama...................
153
154,159
Georgia.....................
479
Massachusetts...........
952
Ohio.........................
(See also Railroad
employees, qualifi
cations for; Tele
graph operators,
railroad, etc.)
Examination, etc., of
steam engineers, fire
men, etc., digest of laws
relating to....................
140-143
Examination, etc., of
street railway employ-
Employment, termina
tion of, etc.—Concld.
New Jersey...............
1391
1393,1394
1821
Pennsylvania............
1985
Rhode Island............
2008
South Carolina..........
2277
Wisconsin.................
(See also Discharge;
Employment of la
bor, general provi
sions.)
Engineers, examination,
etc., of, digest of laws
relating to....................
140-143
Engineers, illiterate, em
ployment of, on rail
roads. (See Railroad
employees, illiterate.)
Engineers, unlicensed,
employment of:
Alabama...................
157
Enticing employees, etc.:
156
Alabama...................
234
Arkansas...................
Florida......................
468
Georgia.....................
488
503,509
Hawaii......................
814
Kentucky.................
851
Louisiana..................
Mississippi................ 1144,1145
1565
North Carolina..........
2006
South Carolina..........
Tennessee..................
2033
2422
United States...........
(See also Interference,
etc.)
Examination, etc., of
aeronauts, digest of law
relating to....................
143
Examination, etc., of
barbers, digest of laws
relating to....................
127-132
Examination, etc., of
chauffeurs, digest of
laws relating to............
132-135
Examination, etc., of
electricians, digest of
law relating to.............
143
Examination, etc., of ele
vator operators, digest
of law relating t o .........
143
Examination, etc., of
hoisting-machine oper
ators, digest of law re
lating to........................
144
Examination, etc., of
horseshoers, digest of
laws relating to............
135,136
Examination, etc., of
miners, mine foremen,
etc.:
Alabama...................
169-171
Colorado....................
370,371
Illinois.......................
594,595
625-627
662
Indiana.....................
699-702
733,734
Iowa..........................
Kentucky..................
825 166
831,832
Missouri.................... 1196-1198
Mont ana...................
1253
1254,1269
Ohio..........................
1638
1639,1091
1724
Oklahoma.................
Pennsylvania............ 1803-1805
1833-1836
1871,1876
1905-1908
Bulletin.
Louisiana.................
New York................
Washington.,...........
Execution, exemption
from.
(See Exemp
tion, 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...................
Alaska......................
Arizona....................
Arkansas..................
California................ .
Colorado...................
Connecticut............. .
Delaware..................
District of Columbia..
Florida.....................
Georgia.....................
Hawaii.................... .
Idaho......................
Illinois......................
Indiana................... .
Iowa........................
Kansas....................
Kentucky.
Louisiana..
69-71
Maine..............
Maryland........
Massachusetts.
Michigan.........
Minnesota.......
Mississippi......
Missouri..........
Montana.............
Nebraska............
Nevada...............
New Hampshire.
1555
2215
137-140
166
0,81
153,154
186
206,211
233,249
270
331
417
428,429
451
465
487-489 166
498
521
554-556
629,665
738-740
769
792,793
815
848
850,862
874
895,903
Q4.fi
1041,1042
1103,1104
1147
1159,1160
1183,1202
1235
1317,1318
1336
1356
Page.
88
267
CUM ULATIVE INDEX OF LABOR LAWS.
Bulletin
No. 148.
Page.
Exemption of wages from
execution, etc.—Concld.
New Jersey...............
North Carolina..........
Dak-nta______
Ohio..........................
Oklahoma..........
- -
Pennsylvania______
Bulletin
No. 148.
Bulletin.
No.
Page.
1374
1434,1435
1559-1561
1573
1589
1687,1688
1692,1693
1708,1739
1747
1786,1787
1956,1957
1986
Rhode Island............
2000
8011th Carol rna.
2015
South Dakota...........
Tennessee.............. - - 2032,2055
2071
Texas........................
2073,2077
2123
Utah.........................
Vermont................... 2135,2136
2156,2157
W ashington..............
2179
West Virginia...........
2230
Wisconsin................. 2304-2307
Wyoming.................. 2331,2346
Explosives, storage, man
ufacture, etc., of:
743
Iowa
..................
934
Maryland..................
982
Massachusetts...........
1179
Missouri....................
1390
New Jersey...............
1664
Ohio..........................
1665,1689
Oklahoma................. 1739,1740
Explosives, use of, in
mines. (See Mine reg
ulations.)
Extortion:
1107
Minnesota.................
1242
Montana...................
(See also Intimida
tion.)
F.
Factories, accidents in.
(See Accidents, etc.)
Factories and workrooms,
ventilation, sanitation,
etc., of:
Alabama...................
Arizona.....................
California..................
Colorado....................
Connecticut...............
Florida..................... :
Georgia.....................
Illinois......................
Indiana.....................
Iowa..........................
Kentucky.................
Louisiana..................
Maryland..................
161
211
278,279
300,301
360
405
424,425
475
549,550
561,562
568,569
589,590
616,617
647,648
682,683
741
166
166
861,866
917,918 166
939,940
943,949 166
Massachusetts...........
979,980
991-993
1029
Michigan...................
1067
1070-1072
32
36
99-101
103,104
126
127,141
Page.
Factories and w o r k
rooms, etc.—Concld.
Minnesota..'.............. 1096,1097
1120,1142
Missouri....................
1179
1180,1182
1213,1214
Nebraska.................. 1280,1281
1298,1299
New Jersey............... 1382,1383
1389,1390
1409,1418
New York................. 1506-1510
1521-1523
Ohio.......................... 1649-1652
1668-1670
Oklahoma.................
1741
Oregon......................
1756
Pennsylvania............
1827
1839,1847
1928,1930
1934-1937
Porto Rico................
1963
Rhode Island__ ___
1973
South Dakota........... 2011,2026
Tennessee.................. 2036,2058
Vermont...................
2150
Virginia....................
2164
Washington..............
2185
2186,2194
West Virginia...........
2239
W'isconsin.................
2261
2264,2266
2310,2320
2321,2325
(See also Air space.)
Factories, etc., inspec
tion of. (See Inspec
tion, etc.)
Factories, eating, etc., in.
(See Food, taking into
certain workrooms.)
Factories, fire escapes on.
(See Fire escapes, etc.)
Factories, etc., registra
tion of:
California..................
306,307
Maryland..................
Mississippi................
New York.................
1490
1518,1519
Wisconsin.................
2265
Factories, smoking in.
(See Smoking, etc.)
Factory inspectors. (See
Inspectors, factory.)
Factory regulations. (See
Inspection of factories,
etc.)
False charges against
railroad
employees.
(See Railroad employ
ees, etc.)
False credentials, etc., of
labor
organizations.
(See Labor organiza
tions, using false cards
of.)
False pretenses.
(See
Employers’ advances,
repayment of; Em
ployers’
certificates,
forgery of; Employ
ment of labor, decep
tion in.)
Fees for furnishing em
ployment. (See Em
ployment,
foremen,
etc., accepting fees for
furnishing.)
Bulletin.
No.
Page.
166
159,160
166
178,179
184,185
i 66‘ ” 21(^-212
i
i 66 "I02’ i04
166
148
268
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Bulletin
No. 148.
Page.
Fellow servant, negli
gent, to be named in
verdict:
Fellow servants.
(See
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,
Alabama...................
Delaware..................
TrlfiJin.......................
Illinois......................
Tndiana...
______
Iowa..........................
Kentucky.................
Louisiana..................
Maine........................
Maryland..................
Massachusetts...........
Michigan...................
Minnesota.................
Missouri....................
Nebraska..................
New Hampshire.......
New Jersey...............
New York.................
North Carolina..........
North Dakota...........
Ohio..........................
Oklahoma.................
Pennsylvania............
Rhode Island............
South Dakota...........
.................
Tennessee
Vermont...................
Virginia....................
West Virginia...........
Wisconsin.................
(See also Inspection
and regulation of
factories and work
shops.)
Fire marshal:
New York.................
Pennsylvania............
Fire, safeguards against,
in factories. (See In
spection of factories,
etc.)
Firemen, stationary, ex
amination, etc., of.
(See Examination, etc.)
First-aid provisions. (See
Accidents, provisions
for.)
No.
1103
984
985,1008
157
362,363
401
415,423
430
456-458
485,491
520
553
554,569
680,681
741,742
774
815,816
844,845 166
868
Bulletin
No. 148.
Bulletin.
935
960
1024,1025
1066,1067
1131
1179
1198-1200
1305,1306
1361
1410-1414
1474 166
1498-1500
1574
1585
1663,1664
1717,1739 ..
1788-1790
1838,1849
1863,1866
1867,1920
1921
1977-1981
Page.
Bulletin.
Page.
Page.
No.
Food products, manufac
ture of. (See Inspec
tion and regulation of
bakeries, etc.)
!
Food, taking into certain
workrooms:
Illinois.......................
568,589
Missouri....................
1213
New Jersey...............
166
New York.................
1512
Ohio..........................
1670
Pennsylvania.. ........
1935
Forced contributions from
employees:
Indiana.....................
631
Maryland..................
896
Michigan................... 1051,1052
Nevada.....................
1326
New Jersey...............
1398
New York.................
166
Ohio..........................
1685
Foremen, etc., accepting
fees for furnishing em
ployment. (See Em
ployment, foremen,
etc., accepting fees for
furnishing.)
Forgery of cards, etc., of
l a b o r organizations.
(See Labor organiza
tions, using false cards,
etc., of.)
Forgery of employers’
89,90
certificates. (See Em
ployers’ certificates.)
Foundation for Promo
tion of Industrial Peace:
United States........... 2417,2418
Fraudulent contracts of
employees. (See Em
ployers’ advances, re
payment of; Employ
ment of labor, decep
tion in.)
Free public employment
1S3,184
offices. (See Employ
ment offices, free pub
lic.)
Freedom to trade. (See
Coercion, etc.)
i
1 ____
181
G»
2012
Garnishment, exemption
of wages from. (See
Exemption of wages
from execution, etc.)
Garnishment of wages:
Arkansas...................
Colorado...................
Delaware...................
Hawaii......................
Missouri....................
1472-1475
1866,1867
New Mexico............ .
Ohio..........................
Oregon......................
Utah..........................
Virginia.....................
Wyoming..................
Goods' etc., of local pro
duction preferred for
public use. (See Pub
lic supplies, etc.)
Government Printing Of
fice. (See Public print-
2067-2069
2140
2153
2241,2242
2294-2296 166* ” 222-225
160
Guaranty companies:
New Mexico..............
Guards, armed.
(See
Armed guards.)
232,233
323
434
498
1159
1160,1201
1444
1688
1747
2122,2123
2157
2345,2346
1435
|
CUMULATIVE INDEX OP LABOK LAWS.
Bulletin
No. 148.
Page.
Guards for dangerous ma
chinery, etc.:
New Jersey................
New York.................
Ohio..........................
OVIqJioma...........
Oregon......................
Pennsylvania............
Rhode Island............
Tennessee..................
Virginia.....................
Washington..............
West Virginia............
Wisconsin.................
359,360
404
475
556
566-568
646
647,697
740,743
774,797
830 166
981,982 166
1055,1067
11211128,1129
1179
1299,1300
1343,1344
1388,1389
1409,1423
1482
1505,1506
1607,1608
1651,1652
1716,1717
1755,1756
1787,1847
1970,1971
2036
166
2193,2194
2238,2239
2267
2295,2306
2311-2313
Page.
36
126
207
H.
Hatch tenders:
California..................
272,273
Headlights on locomo
tives. (See Railroads,
safety provisions on.)
Health, effect of em
ployments on, to be in
vestigated:
California..................
263
Massachusetts...........
1008
Highways, hours of labor
on, summary of laws
fixing............................
85,86
Hiring. (See Employ
ment of labor.)
Hoisting-machine opera
tors, examination, etc.,
of, digest of law relating
to..................................
144
Holiday labor:
Massachusetts........... 999,1000
New Hampshire....... ;
1371
Holidays for per diem
employees of Govern
ment:
United States...........
2355
Holidays in the different
States and Territories,
list of............................
97-99
Homes for workingmen,
commission on:
Massachusetts........... 1009,1019
Porto Rico................
166
Homes for workingmen,
State aid for:
Massachusetts...........
166
Horseshoers, examina
tion, etc., of, digest of
laws relating to............
135,136
H o s p i t a l f ees. (See
Forced contributions,
etc.)
Bulletin
No. 148.
Bulletin.
No.
1(J9,200
143
269
Page.
Hospital for miners. (See
Miners’ hospital.)
Hospital, erection of, for
employees:
Arkansas...................
New Mexico..............
Hospitals for seamen:
United States...........
Hours of labor in general
employments:
Arkansas...................
California..................
Connecticut...............
Florida......................
Georgia.....................
Illinois.......................
Indiana...................
Maine........................
Maryland..................
Michigan...................
Minnesota..................
Mississippi................
Missouri....................
Montana...................
Nebraska.................
New Hampshire........
New York.................
Ohio..........................
Oregon...................
Pennsylvania............
Porto Rico................
Rhode Island............
South Carolina..........
Wisconsin.................
Hours of labor of children
and women. (See Chil
dren, etc.)
Hours of labor of deck
officers:
United States...........
Hours of labor of drug
clerks:
California..................
New York.................
Hours of labor of employ
ees in bakeries:
New Jersey.............
Pennsylvania...........
Hours of labor of employ
ees in brickyards:
New York.................
Bulletin.
No.
Page.
250
1439
2405
242,243
263,264
407,423
466
483,484
541
639
874
905,906
1042,1043
1095
1154 166
1175
1230,1234
1291
1355
1476,1477
1665
1780
1791
1958,1959 166
1985
150
199
2001
2280
2438
289
1553 166
186,187
1419,1420
1827
1476
1477,1548
Hours of labor of employ
ees in compressed air:
New Jersey...............
166
New York................. 1526,1527
Hours of labor of em
p
@FedFRASER