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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner
WASHINGTON
GOVERNMENT "PRINTING OFFICE
1923
CONTENTS.
Page.
Introduction_________________________________________
Text of laws providing for bureaus of labor statistics:
Alabama________________________________________
Alaska__________________________________________
Arizona_________________________________________
Arkansas________________________________________
California_______________________________________
Colorado________________________________________
Connecticut_____________________________________
Delaware_______________________________________
District of Columbia____________________________
Florida_________________________________________
Georgia_________________________________________
Hawaii_________________________________________
Idaho___________________________________________
Illinois__________________________________________
Indiana_________________________________________
Iowa_____:______________________________________
Kansas--------------------------------------------------------------Kentucky-----------------------------------------------------------Louisiana----------------------------------------------------------Maine__________________________________________
Maryland-----------------------------------------------------------Massachusetts__________________________________
Michigan_______________________________________
Minnesota______________________________________
Mississippi_____________________________________
Missouri_______________________________________
Montana_______________________________________
Nebraska______________________________________
Nevada ------------------------------------------------------------New Hampshire________________________________
New Jersey------------------------------------------------------New M exico------------------------------------------------------New York______________________________________
North Carolina_________________________________
North Dakota___________________________________
O hio-----------------------------------------------------------------Oklahoma---------------------------------------------------------Oregon ------------------------------------------------------------Pennsylvania----------------------------------------------------Porto P ico-------------------------------------------------------Rhode Island----------------------------------------------------South Carolina-------------------------------------------------South Dakota---------------------------------------------------
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III
IV
CONTENTS,
Text of laws providing for bureaus of labor statistics— Continued.
Pag®.
Tennessee________________________________________________________ 132,133
Texas_____________________________________________________________ 134-136
U tah_____________________________________________________________137-143
Vermont__________________________________________________________
144
Virginia---------------------------------------------------------------------------------------- 145,146
Washington______________________________________________________ 147-150
West Virginia-------------------------------------------------------------------------------151,152
Wisconsin------------------------------------------------------------------------------------- 153-159
W yom ing------------------------------------------------------------------------------------ 160,161
United States------- :--------------------------------------------------------------------- 162-170
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
WASHINGTON
AUGUST, 1923
LAWS PROVIDING FOR BUREAUS OF LABOR STATISTICS, ETC.
INTRODUCTION.
The purpose of this bulletin is to present in convenient form the
existing laws providing for the organization and prescribing the
duties of the bureaus, departments, or commissions that are charged
with the general administration of labor laws and the compilation
of statistical and other matter of interest to labor. The term first
applied to these offices was “ bureau of labor,” or “ bureau of labor
statistics.” Labor activities have been united with agriculture and
immigration in a number of States, while a more recent development
is the creation of commissions charged with a wide range of subjects,
among them the administration of the workmen’s compensation laws.
Because of the special interest attaching to the subject of work
men’s compensation and the great bulk of the legislation relating to
it, that subject has been given separate consideration in previous
bulletins o f the Bureau of Labor Statistics. The present bulletin
therefore excludes, so far as separable, reference to the functions of
the various offices in respect to workmen’s compensation for injuries.
Certain references are of course unavoidable, as are also references
to factory regulations and inspection, employment service, arbitra
tion and mediation, and other activities which might well be the sub
ject o f separate bulletins, but must be mentioned in any presentation
of the organization and activities of the office administering them.
An attempt has been made to indicate the personnel and working
force of the different bureaus, etc., omitting that devoted solely to
workmen’s compensation. The results are presented, not as com
plete nor as satisfactory, but as representing the fruits o f special in
quiry addressed to each office, and such use of appropriation acts
and other sources o f information as seemed justifiable under the cir
cumstances. It is still too often the case that current legislation
providing for appropriations does not measure up to the standards
set by the laws enacted at some previous date; so that while an
organization may be formally provided for, it is in effect so restricted
by lack o f funds and working force as to fee ineffective for the accom
plishment of the ends contemplated in the enactment o f the law.
1
TEXT OF LAWS PROVIDING FOR BUREAUS OF LABOR
STATISTICS, ETC.
ALABAMA.
ACTS OF 1919.
A
ct
N o.
457.— Child-welfare department.
S e c t i o n 1. There is hereby established for the State of Alabama
Department esa child-welfare department, to be located in the State capitol, with *tablished'
the several powers, functions, and duties hereinafter prescribed.
S e c . 2. The said department shall have the power and it shall be
Duties,
its duty (1) to devise the plans and means for and have general
oversight over the welfare work for minor children in the State.
* * * (7) To enforce all laws regulating the employment of
minor children, with full power of visitation and inspection of all
factories, industries, and other establishments in which children
may be employed, permitted, or suffered to work, the duties, power,
and authority, with reference to the child labor law, heretofore or '
hereafter imposed upon the State prison inspector, being hereby
transferred to and imposed upon the child-welfare department
herein created. * * * (10) To cooperate with the State de
partment of education, the State board of health, all State, county,
and municipal, benevolent and religious, educational, and correc
tional institutions, and to solicit the aid and to coordinate the
activities of all private and volunteer social, labor, and welfare
organizations on all subjects affecting the health, education, mor
als, and general welfare of minor children. * * *
S e c . 3. ( 1 ) The child-welfare department shall be under the Organization,
control of a commission consisting of the governor, the State
superintendent of education, the State health officer, ex officio, and
six persons to be appointed by the governor whose terms of office
beginning from the date of their appointment shall be, respec
tively, two for two years, two for four years, and two for six
years, the said terms of office to be designated to each appointee
by the governor in making the appointment. All succeeding ap
pointees shall be appointed by the governor and shall hold office
for a term of six years and until their successors are appointed
and qualified. (2) The said commission shall within sixty
days after the approval of this act, and at the call of the gov
ernor, meet at the State capitol and proceed to organize the said
department. It shall hold at the State capitol at least one regu
lar meeting during each year, and as many special meetings as
may be necessary. At such meetings five members shall consti
tute a quorum. The governor shall be the presiding officer, but
in case of his absence, the commission shall have authority to
elect a temporary presiding officer. If there be no director as
hereinafter provided for, the commission may elect a secretary
pro tempore. ( 3 ) The director hereinafter provided for shall be
the secretary of the commission. (4) The members of the com
mission shall receive no compensation for their services other
than the amount of their traveling and other expenses, actually
paid out while in attendance on the meetings of the commission,
or on the business of the department. (5) The commission is
empowered to adopt rules for its own government, and for the
government of the department; to elect a director and to provide
3
4
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
for the selection or appointment of other officials or employees
as may be necessary and to fix their compensation; to have gem
eral control of the performance of every duty and the execution
of the several powers herein conferred upon the department; to
control and direct the expenditure of all appropriations which
may be made for the maintenance of the department; and to do
and perform such other acts and things as may be necessary to
carry out the true intent and purposes of this act.
Director.
Sec. 4. (1) The department shall be under the immediate man
agement and control of a director to be elected by the commission,
whose term of office shall be six years and until his successor
is elected and qualified. The commission shall have authority to
discharge at any time the director at its pleasure.
(2) The
director shall take oath of office, as other public officials, shall
be commissioned in like manner, shall devote his entire time to
the work of the department, and shall receive for his services
the sum of three thousand dollars per annum, payable monthly
as other State officials are paid. (3) The director shall have full
control and direction o f the work and operations of the depart
ment, and he shall use his best endeavors to develop and carry
forward the various activities herein provided.
Court reports.
Sec. 5. It is hereby made the duty of the probate and juvenile
court judges to make, on or before the tenth day of each month,
a report to the child-welfare department on the work of juvenile
courts administered by them, and all apprenticeships and adop
tions in their several counties.
Office.
Sec. 8. The child-welfare department shall occupy rooms or
apartments in the State capitol to be set aside for its use by
the governor; its furnishings and equipment shall be supplied from
the capitol. Repair and improvement fund as other State offices,
its stationery, office supplies and materials and postage shall be
supplied from the stationery and office supplies and postage funds,
and the printing and binding of its reports, bulletins, circulars,
blank forms, and other printing as may be required shall be
paid from the State printing fund.
Appropriation.
S e c . 9 (as amended by No. 4, Acts of 1920).
For the mainte
nance of the department, including the payment of salaries and
all expenses not provided for under the special provisions herein
provided, the sum of thirty thousand dollars ($30,000) is hereby
appropriated, and a continuing annual appropriation of said
sum is hereby made.
Approved September 25, 1919.
[The organization consists of a director and two child labor
inspectors, besides the office force.]
ALASKA.
ACTS OF 1919.
C haptek
59.—Labor commissioner— Creation of office—Factory
inspection.
S e c t i o n 1. The office of labor commissioner of the Territory of
Alaska is hereby created.
S e c . 2. The mining inspector of the Territory of Alaska shall
be ex officio labor commissioner, but shall receive no additional
compensation for acting as such labor commissioner. The mining
inspector is hereby empowered and authorized to perform the
duties of such labor commissioner as provided in this act.
S e c . 3. The duties of the labor commissioner of the Territory
of Alaska shall b e :
(a) To assort, systematize, and present in biennial report to
the Governor of Alaska statistical details relating to all depart
ments of labor in the Territory, especially in its relation to the
industrial, social, and sanitary conditions of the laboring classes,
and to the permanent prosperity of the industries of the Territory.
(b) He shall have the power to enforce all sanitary and safety
regulations, as are hereinafter set forth.
(c) He may inspect any factory, cannery, or other establish
ment where labor is employed, and is hereby empowered and
authorized so to do.
S e c .. 8. It shall be the duty of every employer of labor, his
superintendent, manager, or agent, in this Territory to afford to
the labor commissioner every facility for the inspection of his
factory, cannery, or other establishment where labor is employed,
and for procuring statistics of the wages and conditions of his
employees.
Sec. 9. Any person, firm, or corporation, or any agent, manager,
or superintendent of any person, firm, or corporation, who shall,
for himself or such person, firm, or corporation violate any of the
provisions of this act, or omits or fails to comply with any of
the requirements of this act, shall be deemed guilty of a misde
meanor, and upon conviction thereof shall be punished, for the
first offense, by a fine of not less than twenty-five ($25) dollars
nor more than fifty ($50) dollars, or by 10 days’ imprisonment in
the Federal jail, or by both such fine and imprisonment; and
upon conviction of a second or subsequent offense he shall be
fined not less than one hundred ($100) dollars nor more than two
hundred ($200) dollars, or by imprisonment for one (1) month
in the Federal jail, or by both such fine and imprisonment.
Approved May 5, 1919.
Office created.
Who to act.
Duties.
Inspection.
Violations.
ARIZONA.
[This State has no bureau of labor or office of like nature. A
mine inspector with three deputies is provided for by chapter 33,
acts of 1912, charged with the enforcement of laws making safety
provisions for employees in mines. No other labor officials are
authorized by any law of the State.]
5
ARKANSAS.
DIGEST OF STATUTES, 1921.
C hapter 105.—Labor and statistics.
Section 6535. A bureau of labor and statistics is hereby
created for a period of fifty years, which shall be under the charge
and control of a commissioner of labor and statistics.
S ec. 6536. A commissioner of labor and statistics shall be ap
pointed by the governor immediately upon the taking effect of
this act, who shall hold office until the first day of February,
1915, and until his successor shall have been appointed and
Commissioner. qualified, after which the term of office of each commissioner shall
begin on the first day of February of every odd numbered year,
and shall continue for two years, and until his successor is ap
pointed and qualified, and all appointments shall be made by the
governor of this State. The commissioner may be removed for
cause by the governor, record thereof being made in his office,
and any vacancy shall be filled in the same manner as the original
appointment. The commissioner of labor and statistics shall give
bond in the sum of two thousand dollars, with sureties to be
Bond.
approved by the governor, conditioned for the faithful discharge
of the duties of his office, and he shall also take the oath of
office prescribed by the constitution. He shall have an office in
the capitol building, and, except as hereinafter provided, he shall
safely keep and shall deliver to his successor all records, pa
pers, documents, correspondence, and property pertaining to or
coming into his hands by virtue of his office.
Duties.
Sec. 6537. The commissioner of labor and statistics shall col
lect, assort, systematize, and present in biennial reports to the
governor statistical details relating to all departments of labor
in Arkansas, and especially as affecting or bearing upon the com
mercial, social, educational, and sanitary conditions of the em
ployees and their families, the means of escape from dangers
incident to their employment, the protection of life and health
in factories and other places of employment, the labor of chil
dren and of women and the number of hours of labor exacted of
them, and in general all matters and things which affect or tend
to affect the prosperity of the mechanical, manufacturing, and
productive industries of this State, and of the persons em
ployed therein. Said commissioner shall also, as fully as may
be done, collect reliable reports and information from each county,
showing the amount and condition of the mechanical and manu
facturing interests therein, and all sites offering natural or ac
quired advantages for the location and operation of any of the
different branches o f industry, and he shall by correspondence
with interested parties in other parts of the United States, or
in foreign countries, impart to them such information as may
tend to induce the location of manufacturing and producing
plants within the State, together with such information as may
tend to increase the employment of labor and the products of such
employment in Arkansas.
B i e n n i a l re
Sec. 6538. In each biennial report the commissioner shall give a
ports.
full statement of the business of the bureau, since the last preced
ing report, and such information as may be of value to the in
dustrial interests and to persons employed therein, showing
among other things the number of laborers and mechanics em
ployed and the number of apprentices in each trade, with the
nativity of such laborers, mechanics and apprentices, the wages
earned, the savings from the same, the age and sex of the per
sons employed, the number and character of accidents, the
sanitary conditions of places where persons are employed, the
Bureau
ated.
cre
6
TEXT OE LAWS— ARKANSAS.
7
restrictions put upon apprentices when indentured, the proportion
of married employees living in rented houses, with the aver
age rental paid, the value of property owned by such employees,
and a statement as to the progress made in schools in operation
for the instruction of students in mechanic arts, and what sys
tems have been found most practical,, but such reports shall not
contain more than six hundred printed pages, and the same
shall be printed and distributed in such manner as is or may
be provided by law.
Sec. 6539. The commissioner of the bureau of labor and Powers.
statistics shall have the power to issue subpoenas, administer
oaths, and take testimony in all matters related to the duties
herein required of the said bureau, but such testimony must be
taken in the vicinity of the residence or office of the person
testifying. Any person duly subpoenaed under the provisions
of this act who shall willfully neglect or fail to attend or testify
at the time and place mentioned in the subpoena shall be
deemed guilty of a misdemeanor, and upon conviction thereof
before any court of competent jurisdiction shall be punished by
a fine of not to exceed fifty dollars or by imprisonment in the
county jail for not to exceed thirty days: Provided, however,
That no witness shall be compelled to go outside of the county
in which he resides in order to testify.
Sec. 6540. It shall be the duty of every owner, manager, and Reports by em
superintendent of every factory, mill, workshop, business house, ployers.
public or private work, or any other establishment or place
where five or more persons are employed at work, to make
to the bureau of labor and statistics, upon blanks to be furnished
by such bureau, such reports and returns as said bureau may re
quire for the purpose of securing such labor statistics as are
contemplated by this act, and such reports and returns shall
be made within not to exceed sixty days from the receipt of the
blanks furnished by the commissioner or by the bureau, and the
same shall be verified under oath. Any owner, manager, super
intendent, or any other person in charge or control of any factory,
mill, workshop, store, business house, public or private work, or
other establishment or place where five or more persons are em
ployed at work, who shall neglect or refuse to make such reports
and returns as are required by the provisions of this act, shall
be guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not to exceed one hundred dollars or by
imprisonment in the county jail not to exceed thirty days.
Sec. 6541. In the reports made by the commissioner of labor and I n f o r m a t i o n
statistics to the governor, the names of individuals, firms, or confidential.
corporations supplying information under the provisions of this
act shall not be disclosed, nor shall the name of any such in
individual, firm, or corporation be communicated to any person
or persons, except such as are employed in the bureau of labor
and statistics, and any officer or employee of such bureau violat
ing any of the provisions of this section shall be deemed guilty
of a misdemeanor, and upon conviction shall be fined not to
exceed five hundred dollars or by imprisonment in the county
jail for not more than ninety days.
Reports to be
Sec. 6542. No report or return made to the said bureau under
the provisions of this act, and no schedule, record, or docu preserved.
ment gathered or returned by its officers or employees, shall be
destroyed within two years of the collection or receipt thereof,
but at the expiration of two years all such reports, returns,
schedules, records, and documents as shall be considered by the
commissioner to be of no further value shall be destroyed: Pro
vided, That the permission of the governor shall first be obtained
for such destruction.
Sec. 6543. Upon the written complaint of two or more persons, Entering prem
or upon its failure otherwise to obtain information in accordance ises.
with the provisions of this act, the commissioner of labor and
statistics shall have the power to enter any factory, mill, work
shop, store, business house, public or private work, or other
8
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
establishment, or place where five or more persons are employed
at work, when the same is open or in operation, for the purpose
of gathering facts and statistics, such as are contemplated by
this act, and for the purpose of examining into the methods of
protecting employees from danger and the sanitary conditions in
and around such building or place, of all of which the said
commissioner shall make and return in to the bureau o f labor
and statistics a true and detailed record in writing.
Safety laws.
Strikes
lockouts.
and
Sec. 6544. Said commissioner shall make investigation concern
ing the operation of the various laws relating to the safety of
the life and limb of employees, and he shall take legal steps
looking to the proper enforcement and due observance of such
laws.
S e c . 6545. Said commissioner may inquire into the cause of
strikes and lockouts and other disagreements between employers
and employees; and, whenever practicable, offer his good offices
to the contending parties with a view of bringing about friendly
and satisfactory adjustment thereof.
Enforcement.
S e c . 6546. If the commissioner of labor and statistics shall
learn of any violation of the law with respect to the employ
ment of children, or fire escapes, or the safety of employees, or
the preservation o f health, or in any other way affecting the
employees, he shall at once give written notice of the facts to
county or district attorney of the county in which the law has
been violated, or of some other county, if any there be, having
jurisdiction of the offense, and the county or district attorney to
whom such notice has been given shall immediately institute the
proper proceedings against the guilty persons.
Hindering bu
S e c . 6547. Any owner, manager, superintendent, or other per
reau.
son in charge or control of any factory, mill, workshop, store,
business house, public or private work, or other establishment
or place, where five or more persons are employed at work, who
shall refuse to allow any officer or employee of the said bureau
of labor and statistics to enter the same, or to remain therein
for such time as is reasonably necessary, or who shall hinder any
such officer or employee, or in any way prevent or deter him
from collecting information, shall be deemed guilty of a mis
demeanor, and upon conviction shall be fined in any sum not to
exceed one hundred dollars or imprisonment [sic] in the county
jail for not to exceed sixty days.
Expenses.
S e c . 6548. The commissioner shall be allowed all necessary
postage, stationery and other expenses of a similar character
necessary to the transaction of the business of the bureau, and
the salaries and expenses shall be paid as in the case of other
State officers. The commissioner and his deputy shall be allowed
for his actual and necessary traveling expenses, while in the
performance of his duties under this act, but the total o f the
expenses of said bureau,?outside of the salaries paid, shall not
exceed one thousand five hundred dollars per annum.
Salary.
Sec. 8696. The labor commissioner shall receive a salary of
two thousand dollars per annum payable monthly.
S e c . 8697. He shall appoint a deputy at a salary of one hun
dred dollars per month.
Same.
[The personnel comprises the commissioner, a deputy commis
sioner, a chief boiler inspector, and an examiner in the FederalState employment service.]
CALIFORNIA.
GENERAL LAWS—1900.
A
ct
N o . 1 8 2 8 .—
Bureau of labor statistics.
S e c t i o n 1 (as amended by chapter 2 1 , Acts of 1911). As soon
Commissioner,
as possible after the passage of this act, the governor of this State
shall appoint a suitable person to act as commissioner of a bureau
of labor statistics. The headquarters of said bureau shall be
located in the city and county of San Francisco. Said commis
sioner shall hold office and serve solely at the pleasure of the
governor, and not otherwise.
S e c . 2 . The commissioner of the bureau, before entering upon
Bond,
the duties of his office, must execute an official bond in the sum of
five thousand (5,000) dollars, and take the oath of office, all as
prescribed by the Political Code for State officers in general.
S e c . 3. The duties of the commissioner shall be to collect, asDuties*
sort, systematize, and present, in biennial reports to the legisla
ture, statistical details, relating to all departments of labor, in
the State, such as the hours and wages of labor, cost of living,
amount of labor required, estimated number of persons depending
on daily labor for their support, the probable chances of all being
employed, the operation of labor-saving machinery in its relation
to hand labor, etc. Said statistics may be classified as follow s:
First. In agriculture.
Classes of staSecond. In mechanical and manufacturing industries.
lfe lcs*
Third. In mining.
Fourth. In transportation on land and water.
Fifth. In clerical and all other skilled and unskilled labor not
above enumerated.
Sixth. The amount of cash capital invested in lands, buildings,
machinery, material, and means of production and distribution
generally.
Seventh. The number, age, sex, and condition of persons em
ployed ; the nature of their employment; the extent to which the
apprenticeship system prevails in the various skilled industries;
the number of hours of labor per d a y ; the average length of time
employed per annum, and the net wages received in each of the
industries and employments enumerated.
Eighth. The number and condition of the unemployed, their
age, sex, and nationality, together with the cause of their idleness.
Ninth. The sanitary condition of lands, workshops, dwellings;
the number and size of rooms occupied by the poor, etc.; the
cost of rent, fuel, food, clothing, and water in each locality o f
the State; also the extent to which labor-saving processes are
employed to the displacement of hand labor.
Tenth. The number and condition of the Chinese in the State;
their social and sanitary habits; number of married and of single;
the number employed and the nature of their employment; the
average wages per day at each employment and the gross amount
yearly; the amounts expended by them in rent, food, and clothing,
and in what proportion such amounts are expended for foreign
and home productions, respectively; to what extent their employ
ment comes in competition with the white industrial classes of the
State.
Eleventh. The number, condition, and nature of the employment
of the inmates of the State prisons, county jails, and reformatory
institutions, and to what extent their employment comes in com
petition with the labor of mechanics, artisans, and laborers out
side of these institutions.
9
10
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Twelfth. All such other information in relation to labor as
the commissioner may deem essential to further the object sought
to be obtained by this statute, together with such strictures on the
condition of labor and the probable future of the same as he
may deem good and salutary to insert in his biennial reports.
Duties of state
S e c . 4. It shall be the duty of all officers of State departments,
officers.
and the assessors of the various counties of the State, to furnish,
upon the written request of the commissioner, all the information
in their power necessary to assist in carrying out the objects of
this a c t; and all printing required by the bureau in the discharge
of its duty shall be performed by the State printing department,
and at least three thousand (3,000) copies of the printed report
shall be furnished the commissioner for free distribution to the
public.
Hindering comS e c . 5. Any person who willfully impedes or prevents the com
missioner.
missioner, or his deputy, in the full and free performance of his
or their duty, shall be guilty of a misdemeanor, and upon convic
tion of the same shall be fined not less than ten (10) nor more
than fifty (50) dollars, or imprisoned not less than seven (7)
nor more than thirty (30) days in the county jail, or both.
Information to
S e c . 6. The office of the bureau shall be open for business from
be furnished by nine (9) o’clock a. m. until five (5) o’clock p. m. every day except
bureau.
nonjudicial days, and the officers thereof shall give to all persons
requesting it all needed information which they may possess.
Collecting
S e c . 7 (as amended by chapter 228, Acts of 1919). The commiswages.
sioner and his representatives duly authorized by him in writing
shall have the power and authority, when in his judgment he
deems it necessary, to take assignments o f wage claims and
prosecute actions for the collection of wages and other demands
of persons who are financially unable to employ counsel in cases
in which, in the judgment of the commissioner, the claims for
wages are valid and enforceable in the courts, to issue sub
poenas, to compel the attendance of witnesses or parties and the
Witnesses.
production of books, papers or records, and to administer oaths
and to examine witnesses under oath, and to take the verifica
tion or proof of instruments of writing, and to take depositions
and affidavits for the purpose of carrying out the provisions of
this act and all other acts now or hereafter placed in the bureau
for enforcement. The commissioner shall have a seal inscribed
Seal.
“ Bureau of Labor Statistics— State of California ” and all courts
shall take judicial notice of such seal. Obedience to subpoenas
issued by the commissioner or his duly authorized representatives
shall be enforced by the courts in any county or city and county.
The commissioner and his representatives shall have free access
Access to fac
to all places and works o f labor, and any principal, owner, oper
tories, etc.
ator, manager, or lessee of any mine, factory., workshop, manu
facturing or mercantile establishment, or any agent or employee
of such principal, owner, operator, manager, or lessee who shall
refuse to said commissioner, or his duly authorized representative,
admission therein, or who shall, when requested by him willfully
neglect or refuse to furnish to him any statistics or information,
pertaining to his lawful duties, which may be in his possession or
under the control of said principal, owner, operator, lessee,
manager or agent thereof, shall be punished by a fine of not more
than two hundred dollars.
information
S e c . 8 (added by chapter 1 0 , Acts of 1 8 8 9 ) . No use shall be
confidential.
made in the reports of the bureau of the names of individuals,
firms, or corporations supplying the information called for by this
act, such information being deemed confidential, and not for the
purpose of disclosing any person’s affairs; and any agent or em
ployee of said bureau violating this provision shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine not to exceed five hundred dollars or by im
prisonment in the county jail not to exceed six months.
Appointees, etc.
S e c . 9 ( as amended by chapter 211, Acts of 1917). The commis
sioner shall appoint two deputies who shall have the same power
TEXT OF LAWS— CALIFORNIA.
as said commissioner; an assistant deputy who shall reside in the
county of Los Angeles; a statistician and chief examiner; a
stenographer; and such agents or assistants as he may from time
to time require, at such rate of wages as he may prescribe, and
actual traveling expenses for each person while employed. He
shall procure rooms necessary for offices in San Francisco, Los
Angeles, Sacramento, San Diego, and in such other places as he
may deem necessary, at a rent not to exceed the sum of $400 per
month.
S e c . 10 (as amended by chapter 211, Acts of 1917). The salary
of the commissioner shall be four thousand dollars per annum,
the salary of each deputy commissioner shall be twenty-four hun
dred dollars per annum, the salary of the assistant deputy shall
be twenty-one hundred dollars per annum, the salary of the
statistician shall be twenty-one hundred dollars per annum, the
salary of the stenographer shall be twelve hundred dollars per
annum, to be audited .by the controller and paid by the State
treasurer in the same manner as other State officers. There
shall also be allowed a sum not to exceed forty thousand dollars
per annum for salaries of agents or assistants, for traveling ex
penses, and for other contingent expenses of the bureau.
11
Salaries,
ACTS OF 1915.
Chapter 484.— Commissioner of labor—Enforcement of laics.
Section 1. The commission of the bureau of labor statistics
shall have authority and power to enforce any and all labor
laws of the State of California, the enforcement of which is
not specifically vested in any other officer, board or commis
sion, and the deputies and agents of the said labor commis
sioner shall have the power and authority of sheriffs and other
peace officers to make arrests, and to serve any process or notice
throughout the State in the enforcement of such labor laws,
pursuant to the instructions of said commissioner.
Approved May 24, 1915.
St0 en
ACTS OF 1921.
C hapter 604.—Department of labor and industrial relations.
[This act adds Article lie, embracing sections 364 to 364d, to
the Political Code, as follow s: ]
Section 364. A department of the government of the State of at(^Pncies cre"
California to be known as the department of labor and industrial a e *
relations is hereby created. The department shall consist of the
following governmental agencies of the State of California, to
w it: The industrial accident commission, the commission of im
migration and. housing, the industrial welfare commission, and the
bureau of labor statistics. Said department shall be divided into
four divisions as follows:
(1) The division of workmen’s compensation insurance and Divisions,
saiety, which shall be administered by the industrial accident
commission and shall succeed to and is hereby invested with all
the duties, powers, purposes, responsibilities, and jurisdiction
now or hereafter conferred by law upon the industrial accident
commission.
(2) The division o f immigration and housing, which division
shall be administered by the commisson of immigration and hous
ing and sLall succeed to and is hereby invested with all the duties,
powers, purposes, responsibilities, and jurisdiction now or here
after conferred by law upon the commission of immigration and
housing.
(3) The division of industrial welfare, which division shall be
administered by the industrial welfare commission and shall
succeed to and is hereby invested with all the duties, powers, pur
poses, responsibilities, and jurisdiction now or hereafter con
ferred by law upon the industrial welfare commission.
12
LAWS PROVIDING POR BUREAUS OF LABOR, ETC.
(4)
The division of labor, which division shall be administered
by the commissioner of labor statistics and shall succeed to and is
hereby invested with all the duties, powers, purposes, responsi
bilities, and jurisdiction now or hereafter conferred by law upon
the commissioner o f labor statistics and the bureau o f labor
statistics.
Representa
S e c . 364a. On or before the first day o f October, 1921, and on
tives.
or before the first day of January of each and every year there
after, and at such other times in case o f a,vacancy, each of divi
sions one, two, and three shall designate one of its members as
its representative on the department of labor and industrial rela
tions; and the chief of the division o f labor shall be the repre
sentative o f the division of labor. Such representatives shall
meet at a place to be designated by them at least once each month
or oftener at the call of any two members. At their first meeting
which shall be held during the month of October, 1921, they shall
organize by electing one member as chairman and one as secre
tary. It shall be the duty of the secretary to keep a minute
record of the proceedings of each meeting.
Jurisdiction.
At each meeting of the department there shall be presented for
determination all problems involving conflict of authority or ac
tivity of two or more divisions and the department shall hear,
consider, and act upon any complaint or complaints o f duplica
tion of activities.
Adjustments.
S e c . 364b. The said department of labor and industrial rela
tions shall make and promulgate rules and regulations that will
eliminate overlapping and duplication of the activities of the
several divisions and may provide for the transfer of functions
and activities from one division to another in the interest of the
betterment of the service of such division or divisions.
S e c . 364 c. [This section merely allocates funds now or here
Funds.
after available for the various divisions, according to the organi
zation above provided for. It also authorizes the department of
industrial relations, with the approval of the board of control, to
transfer funds when any transfer of duties is effected.]
Report.
S e c . 364d. The department of labor and industrial relations
shall submit a report to the governor and to the forty-fifth ses
sion of the legislature embodying a complete plan of reorganiza
tion and departmentalization of the activities herein mentioned.
Approved May 31, 1921.
[The department of labor and industrial relations consists of
four members, representing separate divisions. In the bureau of
labor statistics are the commissioner and a director of public
employment bureaus. The appropriation act of 1921 provided for
two deputy commissioners, an assistant deputy, a statistician,
attorney, stenographer, and $90,000 for expenses other than for
the employment service.]
COLORADO.
COMPILED LAWS—1921.
Bureau of labor statisties.
Section 4195. There is hereby established a separate and dis- lisl^ £ eau estab‘
tinct bureau to be known as the bureau of labor statistics of the lls e
State of Colorado, which bureau shall be charged with the collec
tion of statistics pertaining to the internal resources of the State,
labor and agriculture. The secretary of state shall be designated
the ex officio commissioner of said bureau. He shall appoint a
deputy * * *, who shall hold his office for the term of two
years. He shall be an elector of this State, well versed in the
collection of statistics and matters relating thereto. The deputy
labor commissioner shall, within twenty days after receiving his
commission, and before entering upon the duties of his office,
give bonds to the State of Colorado in the sum of five thousand
(5,000) dollars to be approved by the attorney general. Said
deputy labor commissioner shall receive an annual salary of
twenty-five hundred (2,500) dollars, payable as other State officers.
The said deputy labor commissioner shall, upon entering upon
his duties, recommend and the secretary of state appoint one
statistician who shall hold his office for the term of two years
and who shall be an elector of the State; he shall receive an
annual salary of fifteen hundred (1,500) dollars, payable as other
State officers. Said deputy labor commissioner shall, upon en
tering upon the duties of his office, recommend and the secretary
of state appoint one stenographer who shall receive an annual
salary of twelve hundred (1,200) dollars, payable as other State
officers.
S e c . 4196. The duties of the commissioner shall be to collect,
Duties,
systematize, and present in biennial reports to the legislature,
statistical details relating to all departments of labor in the
State, such as the hours and wages of labor, cost of living,
amount of labor required, estimated number of persons depend
ing on daily labor for their support, the estimated number of
persons employed by the several industries within the State, the
operation of labor-saving machinery in its relation to handle
labor, etc. Said statistics may be classified as follow s:
First. In agriculture.
Classes of staSecond. In mining.
tistics.
Third. In mechanical and manufacturing industries.
Fourth. In transportation.
Fifth. In clerical and all other skilled and unskilled labor not
above mentioned.
Sixth. The amount of cash capital invested in lands, in build
ing and machinery, severally, and means of production and dis
tribution generally.
Seventh. The number, age, sex, and condition of persons em
ployed ; the nature of their employment; the extent to which the
apprenticeship system prevails in the various skilled industries;
the numbers of hours of labor per day; the average length of
time employed per annum, and the net wages received in each of
the industries and employments wii:hin the State.
Eighth. The number and condition of the unemployed, their
age, sex, and nationality, together with the cause of their idle
ness.
13
49735°—23----- 2
14
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Ninth. The sanitary condition o f lands, workshops, dwellings;
the number and size of rooms occupied by the workers, etc.; the
cost of fuel, rent, food, clothing, and water in each locality of the
State; also the extent to which labor-saving processes are em
ployed to the displacement of hand labor.
Tenth. The number and condition of the Chinese in the State;
their social and sanitary habits; number of married and single;
the number employed and the nature of their employment; the
average wages per day at each employment, and the gross amount
yearly; the amount expended by them in rent, food, and clothing,
and in what proportion such amounts are expended for foreign
and home productions respectively; to what extent their labor
comes in competition with the other industrial classes o f the State.
Eleventh. The number, condition, and nature of employment of
the inmates of the State prison, county jails, and reformatory in
stitutions, and to what extent their employment comes in compe
tition with the labor of mechanics, artisans, and laborers outside
o f these institutions.
Twelfth. All such other information in relation to labor as the
commissioner may deem essential to further the objects sought to
be attained by this statute.
Thirteenth. A description of the different kinds of labor organi
zations in existence in the State, and what they accomplish in
favor of the class for which they were organized.
Duties of offiS e c . 4197. It shall be the duty of all State, county, and precers and employ- cinct officers, every owner, operator, or manager of every factory,
ers.
workshop, mill, mine, or mercantile establishment doing business
in the State of Colorado where labor is employed to make to the
bureau upon blanks furnished by said bureau such reports and
returns as the commissioner or his deputies may require for the
purpose of compiling all statistics as are authorized by the law
creating the department of the bureau of labor statistics, and the
owner or business manager shall make such reports and returns
within the time prescribed therefor by the deputy commissioner
of labor, and shall certify to the correctness of the same. In the
report of said bureau no use shall be ma'de of the names of indi
viduals, firms, or corporations supplying the information called
for by this section, such information being deemed confidential
and not for the purpose of disclosing personal affairs. Any re
fusal on the part of any State, county, precinct, municipal officers,
or the owners, operators, or managers of any factory, workshop,
mill, mine, or mercantile establishment to make returns to the
deputy commissioner of labor or his deputy shall be deemed
guilty of a misdemeanor and upon conviction shall be fined not
less than fifty (50) dollars nor more than one hundred (100) dol
lars, or by imprisonment not less than ten days nor more than
thirty days in the county jail, or by both such fine and imprison
ment at the discretion of the court.
Hindering comSec* 4198- An^ Person who willfully impedes or obstructs the
missioner.
commissioner in the full and free performance of his duties, shall
be guilty of a misdemeanor, and upon conviction shall be fined not
less than ten (10) nor more than fifty (50) dollars, or imprison
ment not less than seven (7) nor more than thirty (30) days in
the county jail, or both.
Office hours.
S e c . 4199. The office of the bureau shall be open for business
from nine o’clock a. m. until five o’clock p. m. every day, except
nonjudicial days, and the officers thereof shall give to all persons
requesting it, all needed information which they may possess.
Powers of depS e c . 4200. The deputy commissioner shall have power to send
uty commission- for persons whenever in his opinion it is necessary and he may exer.
amine witnesses under oath, being hereby authorized to adminis
ter the same in the performance of his duty, and the testimony so
taken must be filed and preserved in the office of said deputy
commissioner.
Duty to enforce
sha11 a l s o b e the
of the deputy labor commissioner to
laws.
cause to be enforced all laws regulating the employment of chil-
TEXT OF LAWS— COLORADO,
15
dren, minors, and women; aH laws established for the protection
of the health, lives, and limbs of all operators in factories, mills,
mines, workshops, offices, bakeries, laundries, stores, hotels, rail
roads, or any public or private works where labor is employed or
machinery used; and all laws enacted for the protection of wage
workers.
S e c . 4201. The secretary of state shall provide a suitable office
office,
for said commissioner, properly furnished.
S e c . 4202. [Relates to labor disputes and certain powers of
Labor disputes,
the deputy commissioner in respect thereof. See also section
4851.]
S e c . 4203. The commissioner of the buread of labor statistics of
Quarterly buithe State of Colorado, is hereby authorized by the provisions of letins.
this act to compile and issue every three months in each calendar
year a four-page bulletin containing statistics pertaining to labor
or industries of the State, so that the public may have the benefit
of immediate information on such subject as is contained in the
bulletin.
S e c . 4204. Not more than three thousand copies of said bulletin #Free dfctrfbushall be issued quarterly and distributed free to the public; th e tion*
printing of said bulletins shall be paid for in the same manner
and from the same fund as State officers’ reports. * * *
[This bureau exists contemporaneously with the industrial
commission, which is charged with the performance of certain
similar and correlated duties. The law creating the commission
is therefore also reproduced, as follow s:]
Industrial commission.
S e c . 4329. There is hereby created a board which shall be Crec ? ? m!ssi0B
known as the “ industrial commission of Colorado.” W ithin crea ed*
thirty days after the passage of this act the governor, by and
with the consent of the senate, shall appoint one member whose
term of office shall expire March 1, 1917, a second member whose
term of office shall expire March 1, 1919, and a third member
whose term of office shall expire March 1, 1921. Upon the expi
ration of each appointment, the governor shall appoint members
of the commission, by and with the advice and consent of the
senate, for terms of six years each. Vacancies shall be filled in
the same manner for unexpired terms. Not more than two o f
the commissioners shall be members of the same political party.
Not more than one of the appointees to such commission shall be
a person who, on account of his previous vocation, employment,
or affiliations, can be classed as a representative of employers,
and not more than one of said appointees shall be a person who,
on account of his previous vocation, employment, or affiliations,
can be, classed as a representative of employees.
Each member of the commission, before entering upon the Oath and bonds,
duties of his office, shall take the oath prescribed by the constitu
tion, and shall give good and sufficient bond running to the people
of the State of Colorado, in the penal sum of ten thousand dol
lars, conditioned that he shall faithfully discharge the duties of
his office and shall account for and pay over to the person en
titled thereto such moneys as shall come into his possession;
said bond shall be signed by a surety company duly authorized
to do business in this State, or by two or more individuals as
surety or sureties, and shall be subject to approval by the gover
nor and shall then be filed with the secretary of state. If surety
company bonds shall be furnished, the premium therefor shall be
paid by the State as other expenses of the commission are paid.
In case of a vacancy, the remaining two members of the com
mission shall exercise all the powers and authority of the com
mission until such vacancy is filled. Each member of the Salary,
commission shall receive an annual salary of four thousand
dollars, and actual expenses necessarily incurred in the perform-
16
LAWS PROVIDING POR BUREAUS OF LABOR, ETC.
ance o f his duties, which shall be in full for all services per
formed. The commissioners shall devote their entire time to the
duties of their office.
Quorum.
A majority of said commissioners shall constitute a quorum to
transact business and for the exercise of any of the powers or
authority conferred by this act.
Employees.
S e c . 4330. The commission shall have power, with the approval
of the governor subject to the provisions of the civil-service laws
of this State, to employ during its pleasure such deputies, experts,
statisticians, accountants, actuaries, inspectors, clerks, and other
employees as it may deem necessary to carry out the provisions of
this act, or to perform the duties and exercise the powers con
ferred by law upon the commission. All employees, except ex
perts and actuaries, shall have been for one year prior to such
employment or appointment bona fide residents of the State of
Colorado and, except experts and actuaries, shall, while in the
employ of the commission, devote their entire time to their
duties. All employees of the commission shall receive such com
pensation as may be fixed by the commission; such compensation
to be paid monthly from funds appropriated for the use of the
Expenses.
commission. All expenses incurred by the commissioh and its
employees pursuant to the provisions of this act shall be paid
from funds appropriated for its use, upon the approval of the
commission: Provided, however, That the traveling expenses of
any member or members of the commission, or of any employee
or employees thereof, incurred while on business of the commis
sion outside the State of Colorado, shall be paid in the manner
aforesaid, but only when such expenses are, in advance, author
ized to be incurred by the commission and by the State auditing
board.
Title.
S e c . 4331. The commission shall be known collectively as the
“ industrial commission of Colorado,” and in that name may
sue and be sued. It shall have a seal upon which shall be in
Seal.
scribed the words “ Industrial Commission-Colorado-Seal.” Its
seal shall be affixed to all orders, awards, proceedings, and copies
thereof and to such other instruments as the commission shall
direct. All courts shall take judicial notice of said seal and any
copy of any record or proceeding of the commission certified
under said seal shall be received in all courts as evidence as if it
were the original thereof.
Office, supplies,
S e c . 4 3 3 2 . The commission shall keep its office at the capitol
etc.
and shall be provided by the board of capitol managers or its
successors with suitable rooms. The commission is authorized to
procure all necessary office furniture, stationery, books, periodi
cals, maps, instruments, apparatus and appliances, and other
necessary supplies and incure such other expenses as may be
actual and necessary, and the same shall be paid for in the same
manner as other expenses authorized by this act. The commis
sion or a commissioner may hold sessions at any place other than
the capitol when the convenience of the commission or the parties
interested requires.
Organization.
S e c . 4333. Within thirty days after the passage of this act, the
commission shall meet at the capitol and organize in the manner
herein provided. It shall be the duty of the secretary to keep a
full and correct record of all proceedings of the commission, to
issue all necessary processes, writs, warrants, orders, awards,
and notices and to perform all other duties as the commission
^uay prescribe. He shall also have supervision of the collection
of data, information concerning matters covered by the provisions
of the act, and make such reports thereon as the commission may
direct.
Sessions.
The sessions of the commission shall be open to the public
and shall stand and be adjourned without further notice thereof
on its record. All of the proceedings of the commission shall be
shown on its record, which shall be a public record, and all vot
ing shall be by the calling of each member’s name by the secre-
TEXT OF LAWS— COLORADO,
17
tary, and each member’s vote shall be recorded on the proceed
ings as the same is cast.
R«
S e c . 4334. Subject to the provisions of this act, the commission
**
may adopt its own rules of procedure and may change the same
from time to time in its discretion.
Dut i es
d
S e c . 4335. It shall also be the duty o f the commission, and it powers.
an
shall have the power, jurisdiction, and authority:
(a) To appoint advisors, who shall, without compensation,
assist the commission in the execution of its duties.
(b) To inquire into and supervise the enforcement, as far as
respects relations between employer and employee, of the laws
relating to child labor, laundries, stores, factory inspection, em
ployment of females, employment offices and bureaus, mining,
both coal and metalliferous, fire escapes and means of egress
from places of employment and all other laws protecting the life,
health, and safety of employees in employments and places of
employment.
(c) To investigate, ascertain, declare, and prescribe safety de
vices, safeguards, or other means or methods of protection best
adapted to render safe the employees of every employment and
place of employment, as may be required by law.
(d) To ascertain and fix such reasonable standards and to
prescribe, modify, and enforce such reasonable orders for the
adoption of safety devices, safeguards, and other means or
methods of protection to be as nearly uniform as possible, as may
be necessary to carry out all laws relative to the protection o f the
life, health, safety, and welfare of employees in employments and
places of employment.
(e) To ascertain, fix, and order such reasonable standards,
rules, or regulations as provided by law, for the construction,
repair, and maintenance of places of employment, as shall render
them safe.
(f) To adopt reasonable and proper rules and regulations
relative to the exercise of its powers and authorities and proper
rules to govern its proceedings and' to regulate the mode and
manner of investigations and hearings, and to alter and amend
said rules from time to time in its discretion; such rules and
regulations, amendments, and alterations shall be effective ten
days after same are adopted and posted upon the bulletin board
in the office of said commission in the city of Denver, Colorado.
A copy of such rules and regulations shall be mailed or delivered
personally to any person making application therefor. The certifi
cate of the secretary or any commissioner as to the posting of
said notice shall be sufficient proof thereof in any case.
(g) To license and supervise private employment agencies; to Employment
supervise State free employment agencies; to do all in its pow eragencies*
to bring together employers seeking employees, and working
people seeking employment. It shall investigate the extent and
causes of unemployment in the State of Colorado and the
remedies therefor, and it shall devise and adopt the most efficient
means within its power to avoid unemployment, and to prevent
involuntary idleness.
(h) Any county, city, or town may enter into an agreement
with the commission for such period o f time as may be deemed
desirable for the purpose o f establishing and maintaining local
free employment offices, and it shall be lawful for any county,
city, or town to appropriate and expend the necessary money
and to permit the use of public property for the joint establish
ment and maintenance of such offices as may be agreed upon.
(i) To collect, collate, and publish statistical and other in- ReP°rte*
formation relating to the work under its jurisdiction; annually,
on or before the twentieth day of December, to make a full report
to the governor covering its work during the year preceding the
first day of said month of December; to make public reports in
its judgment necessary.
18
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
(j) The commission shall cause to be printed and, upon appli
cation, furnished, free of charge, to any employer or employee,
such blank forms as it shall deem requisite to facilitate or pro
mote the efficient administration of this act; it shall provide
such proper record books or records as it shall deem required
for the proper and efficient administration of this act, all such
records to be kept in the office of the commission. It shall also
cause to be printed in proper form for distribution to the public
proper pamphlets showing its orders, regulations, and rules of
procedure, and shall furnish the same to any person upon applica
tion therefor, and the fact that such orders, regulations, and
rules of procedure are printed ready for distribution to all who
apply for the same, shall be a sufficient publication of the same
as required by this act
(k) To administer and enforce all the provisions of law relat
C om pensation
law.
ing to compensation for accidental injury to and death of em
ployees.
Orders in ef
S e c . 4836. All general orders shall be effective ten days after
fect.
the same are adopted by the commission and posted upon the
bulletin board of said commission in its offices in the city of Den
ver, Colorado.
Special orders shall take effect as therein directed.
The commission may, upon application of any person, grant
such time, as may be reasonably necessary for compliance with
any order. Any person may petition the commissioner for an ex
tension of time which the commission shall grant if it finds such
an extension of time necessary.
All orders of the commission shall be valid and in force, and
prima facie reasonable and lawful until they are found otherwise
in an action brought for that purpose, pursuant to the provisions
of this act, or until altered or revoked by the commission.
A substantial compliance with the requirements of this act
shall be sufficient to give effect to the orders or awards of the
commission, and they shall not be declared inoperative, illegal, or
void for any omission of a technical nature in respect thereto.
Power of com
S e <c . 4339. The commission is vested with the power and juris
mission to super diction to have such supervision of every employment and place
vise.
of^ employment in this State as may be necessary adequately to
ascertain and determine the conditions under which the em
ployees labor, and the manner and extent of the obedience by the
employer to all laws and all lawful orders requiring such employ
ment and places of employment to be safe, and requiring the pro
tection of the life, health, and safety of every employee in such
employment or place of employment, and to enforce all provisions
of law relating thereto; and is also vested with power and juris
diction to administer all provisions of this act with respect to
the relations between employer and employee and to do all other
acts and things convenient and necessary to accomplish the pur
poses of this act.
Duty of public
Sec. 4340. It shall be the duty of all officers and employees of
officials*
the State, the counties, and municipalities, upon request of the
commission to enforce in their respective departments, all lawful
orders of the commission, in so far as the same may be applica
ble and consistent with the general duties of such officers and em
ployees; and it shall also be their duty to make to such commis
sion such reports as it may require concerning matters within
their knowledge appertaining to the purposes of this act, and to
furnish to it such facts, data, statistics, and information as may
from time to time come to them appertaining to the purposes of
this act, and the duties of such commission thereunder, and par
ticularly all information coming to their knowledge respecting
the conditions of all places of employment subject to the pro
visions of this aet, as regards the health, protection, and safety
of employees, and the conditions under which they labor.
It shall be the duty of the labor statistician of the bureau of
Statistician.
labor statistics to collect, compile, and report to the commission
such data, facts, and information as shall come to his departForms, etc.
TEXT OF LAWS— COLORADO,
19
ment or to the commission concerning the relations between em
ployer and employee and relating in any way to the provisions of
this act.
S e c . 4341. For the purpose of making any investigation with
Deputies,
regard to any employment or place of employment, or other mat
ter contemplated by the provisions of this act, the commission
shall have power to appoint, by an order in writing, any mem
ber of the commission, any deputy or any other competent per
son as an agent whose duties shall be prescribed in such order.
In the discharge of his duties such agent shall have every
power whatsoever for obtaining information granted in this act
to the commission and all powers granted by law to officers
authorized to take depositions are hereby granted to such agent.
The commission may conduct any number of such investiga- Agent*,
tions contemporaneously through different agents, and may dele
gate to such agents the taking of all testimony bearing upon any
investigation or hearing. The decision of the commission shall
be based upon its examination of all testimony and records. The
recommendations made by such agents shall be advisory only and
shall not preclude any further investigation, or the taking of
further testimony, if the commission so order.
S e c . 4342. Every employer and employee shall furnish the cominformation to
mission, upon request, all information required by it to accom- be furnished,
plish the purposes of this act, which information shall be fur
nished on blanks to be prepared by the commission; and it shall
be the duty of the commission to furnish such blanks to such
employer free of charge, upon request therefor. Every employer
receiving from the commission any blanks, with directions to fill
out the same, shall cause the same to be properly filled out so
as to answer fully and correctly all questions therein propounded,
and to give all the information therein sought, or if unable to do
so, he shall give in writing good and sufficient reasons for such
failure. The commission may require that the information herein
required to be furnished be verified under oath and returned to
the commission within the period fixed by it or by law. The com
mission, or any person employed by it for that purpose, shall have
the right? to examine, under oath, any employee or employer, or
the officer, agent, or employee thereof, for the purpose of ascer
taining any information which such employer or employee is re
quired by this act to furnish to the commission. Any employer
or employee who shall fail or refuse to furnish such information
as may be required by the commission under authority of this act,
shall, if an employer, be deemed guilty of a misdemeanor and shall
be punished by a fine of two hundred dollars, and if an employee
shall be deemed guilty of a misdemeanor and shall be punished
by a fine of twenty-five dollars.
S e c . 4343. The information contained in the reports provided
use of inforfor in the preceding section, and such other information as may mation.
be furnished to the commission by employers and employees in
pursuance of the provisions of this act, shall be for the exclusive
use and information of said commission in the discharge of its
official duties, and the commission may treat and file the said
information or any part thereof as confidential, and when so
treated or filed by the commission the same shall be considered
as and be confidential information for the sole use of said com
mission and shall not be open to the public nor be used in any
court, in any action or proceeding pending therein, unless the
commission is a party to such action or proceeding; but the infor
mation contained in said report may be tabulated and published
by the commission in statistical form for the use and informa
tion of other State departments and the public. Any person in
the employ of the commission who shall divulge any such con
fidential information to any person other than the commission,
shall be punished by a fine of not more than one thousand dollars
($1,000) and shall thereafter be disqualified from holding any
appointment or employment with any department under the
State.
20
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Entering work
places.
Books, records,
etc.
Procedure.
Records.
Depositions.
Sec. 4344. The commission, or any member thereof, and, on
being authorized in writing by the commission, any other person,
may, without any other warrant than this act, at any reasonable
time, enter any building, mine, mine workings, factory, workshop,
place, or premises of any kind, wherein, or in respect of which,
any industry is carried on or any work is being or has been done
or commenced, or any matter or thing is taking place, which has
been made the subject of an investigation, hearing, or arbitra
tion by the commission or the board, and inspect and view any
work, material, machinery, appliance, or article therein, and in
terrogate any persons in or upon any such building, mine, mine
workings, factory, workshop, place, or premises as aforesaid in
respect of or in relation to any matter or thing hereinbefore
mentioned; and any person who shall hinder or obstruct the com
mission, or any such person authorized as aforesaid, in the ex
ercise of any power conferred by this section, shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than one hundred dollars nor more than
one thousand dollars.
S e c . 4345. All books, records, and pay rolls of employers, show
ing or reflecting in any way upon the amount of wage expendi
ture of such employers, and other data, facts, and statistics ap
pertaining to the purposes of this act, shall always be open for
inspection by the commission or any of its deputies or agents for
the purpose of ascertaining the conditions of employment, and
such other information as may be necessary for the uses and pur
poses of the commission in its administration of the law.
Any employer who shall refuse to exhibit to and furnish said
commission or any of its employees or agents an inspection of
any and all books, records, and pay rolls of such employer, show
ing or reflecting in any way upon the amount of wage expendi
ture of such employers, and other data, facts, and statistics ap
pertaining to the purposes of this act, or who shall refuse to ad
mit such commission or its agent to any place of employment,
shall pay a penalty of not less than $50 for each day that such
failure, neglect, or refusal shall continue.
S e c . 4346. Such commission, or persons by it duly designated,
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 or by the rules of the commission provided ;
but may make such investigations in such manner as in its judg
ment are best calculated to ascertain the substantial rights of
the parties and to carry out justly the spirit of this act.
Sec. 4347. A full and complete record shall be kept of all pro
ceedings had before or under the order of the commission on any
investigation and all testimony shall be taken down by a stenogra
pher appointed by the commission.
A transcribed copy of the evidence and proceedings, or any
specific part thereof, of any investigation or hearing taken by a
stenographer appointed by the commission, being certified by such
stenographer to be a true and correct transcript of the testimony
on the investigation or hearing of a particular witness, or of a
specific part thereof, carefully compared by him with his original
notes, and to be a correct statement of the evidence and pro
ceedings had on such investigation or hearing so purporting to
be taken and subscribed, may be received as evidence by the
commission and by any court with the same effect as if such
stenographer were present and testified to the facts so certified.
A copy of such transcript shall be furnished on demand to any
party upon the payment o f ten cents per folio. Fees received
from the sale of transcripts shall be applicable to the expenses
of the commission in addition to all sums which may be appro
priated for its use.
S e c . 4348. The commission or any party may in any investiga
tion cause the depositions of witnesses residing within or with
out the State to be taken in the manner prescribed by law for
TEXT OF LAWS— COLORADO,
21
like depositions in civil actions in district courts. All such de
positions shall be taken upon commission issued by the com
mission and shall be taken in accordance with the laws and rules
of court covering depositions in civil cases in the district courts
of this State.
Disobedience.
S e c . 4349. In case of failure or refusal of any person to comply
with the order of the commission or subpoena issued by it or
its agents, or on the refusal of a witness to testify to any matter
regarding which he may be lawfully interrogated, or refusal to
permit an inspection as provided in this act, the judge of the
district court for the county in which the person resides or of
the county in which said person has been ordered to appear and
testify before said commission, on application of the commission
or any person appointed by it, shall compel obedience by attach
ment proceedings as in case of disobedince of the requirements
of subpoena issued from such district court or on a refusal to
testify therein. Any person serving a subpoena or order shall
receive the same fees as a sheriff for like service. Such sub
poena or order may be served by any officer duly authorized to
subpoena witnesses, or by any person designated by the com
mission for such purpose, and proof of the serving of such sub
poena or order shall be by the return of such person or officer
endorsed thereon or attached thereto, and each witness who ap Witness fees.
pears in answer to a supoena before the commission or its agent
shall, if so ordered by the commission, receive for his attendance
the fees and mileage provided for in civil cases in the district
court in the county where such witness attends, which shall be
paid in the same manner as other expenses of the commission
are paid.
No witness subpoenaed at the instance of a party other than
the commission or its agent shall be entitled to compensation un
less the commission in its discretion shall so order.
Sec. 4350. The commission shall inquire into the general con General duties.
dition of labor in the principal industries in the State of Colorado
and especially in those which are carried on in corporate form s;
into existing relations between employers and employees; into
the effect of industrial conditions on public welfare and into
the rights and powers of the community to deal therewith;
into the conditions of sanitation and safety of employees and
the provisions for protecting the life, limb, and health of the
employees; into relations existing between lessees of State lands
and the State, as to production and royalties or rentals paid,
and into the relations between said lessees and their employees
with respect to wages paid and conditions of labor; into the
growth of associations of employers and of wage earners and
the effect of such associations upon the relations between employers
and employees ; into the extent and results of methods of collective
bargaining; into any methods which have been tried in any State
or in foreign countries far maintaining mutually satisfactory
relations between employees and employers; into methods of
avoiding or adjusting labor disputes through peaceable and con
ciliatory mediation and negotiations; into the scope, methods,
and resources of existing bureaus of labor and into possible
ways of increasing their efficiency and usefulness. The com
mission shall seek to discover the underlying causes of dis
satisfaction in the industrial situation and take all necessary
means and methods within the powers of such commission as
provided by law, to alleviate the same, and to report from time
to time to the general assembly such remedial legislation as
in the judgment of the commission may be advisable, with their
recommendations thereon.
A r b it r a t io n ,
S e c . 4351. The commission shall do all in its power to promote
the voluntary arbitration, mediation, and conciliation of dis etc.
putes between employers and employees, and avoid the necessity
of resorting to strikes, lockouts, boycotts, blacklists, discrimina
tions, and legal proceedings in matters of employment. * * *
22
Powers
mission.
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
of com-
P e titio n s
hearings.
Hearings.
Finding*.
A ction
court.
Sec. 4358. The commission shall have full power and authority
to b e a r a n (j determine all questions within its jurisdiction, and
its findings, award, and order issued thereon shall be final, ex
cept as in this act provided. Any person affected by any finding,
for order, or award of the commission, may petition for a hearing
Gn the reasonableness of any such finding, order, or award. Such
petition shall be verified, and shall specify the finding, order, or
award upon which a hearing is desired and every reason why
such finding, order, or award is considered unreasonable. The
petitioner shall be deemed to have finally waived all objections
to any irregularities and illegalities in the finding, order, or
award upon which a hearing is sought other than those set forth
in the petition. All hearings o f the commission shall be open
to the public.
Sec. 4359. Upon the filing with the commission by any party
in interest of such petition, the commission shall fix a time for
the hearing thereof, which shall not be more than forty days
after the filing of such application. The commission shall cause
reasonable notice of such hearing, embracing a general statement
of such claim, to be given to each party interested, by service
o f such notice on him personally or by mailing a copy thereof
to him at his last known post-office address at least ten days
before such hearing. Such hearing may be adjourned from time
to time in the discretion of the commission, and hearings shall
be held at such places as the commission may designate.
Either
party shall have the right to be present at any hearing, in person
or by attorney, or any other agent, and to present such testimony
as may be pertinent to the controversy before the commission,
and shall have the right of cross-examination: Provided, That
the commission may, with or without notice to either party,
cause testimony to be taken, or an inspection or investigation
to be made; the testimony so taken shall be reported to the
commission for its consideration upon final hearing. All ex
parte testimony taken by the commission shall be reduced to
writing and either party shall have opportunity to examine and
rebut the same on final hearing. Upon such hearing, if it shall
be found that the finding, order, or award complained of is
unreasonable, the commission shall substitute therefor such
other finding, order, or award as shall be just and reasonable,
or may rescind such finding, order, or award. Whenever at
the time of the final determination upon such hearing it shall
be found that further time is reasonably necessary for compliance
with the finding, order, or award of the commission, the com
mission shall grant such time as may be reasonably necessary
for such compliance.
S e c . 4360. After final hearings by said commission, it shall
make and file (1) its findings upon all the facts involved in the
controversy, and (2) its award, which shall state its determina
tion as to the rights of the parties. Pending the hearing and
determination of any controversy before it, the commission shall
have power to make such reasonable orders concerning the sub
ject matter thereof as may be necessary to give effect to the pro
visions of this a ct The commission, on its own motion, on three
days’ notice to the parties interested, by mail or served person
ally, may modify or change its order, finding or award at any
time within fifteen days from the date thereof, if it shall dis
cover any mistake therein.
In
S e c . 4361. Any person in interest being dissatisfied with any
such finding, order, or award of the commission issued or promul
gated by virtue of the authority conferred in this act, may com
mence an action in the district court in and for the county
wherein the injury was sustained or in the district court in and
for the city and county of Denver against the commission as de
fendant to modify or vacate the same on the ground that the
same is unlawful or unreasonable. All actions shall have preced
ence over any civil cause of a different nature pending in such
23
TEXT OF LAWS— COLORADO,
court, and the district court shall always be deemed open for
the trial thereof, and the same shall be tried and determined
by the district court as other civil actions.
S e c . 4362. No action, proceeding, or suit to set aside, vacate,
or amend any finding, order, or award of the commission, or to
enjoin the enforcement thereof, shall be brought unless the plain
tiff shall have first applied to the commision for a hearing there
on as provided in this act, and unless such action, proceeding, or
suit shall have been commenced within sixty days after final
decision by the commission; nor shall any injunction issue sus
pending or staying any order of the commission except upon appli
cation of the district court or a judge thereof, notice to the com
mission and hearing thereon.
In such action a copy of the complaint, which shall state the
grounds upon which a review is sought, shall be served with the
summons. The commission shall file its answer within twenty
days after the service of the complaint. With its answer the
commission shall make return to said court of all documents and
papers on file in the matter, and of all testimony which may
have been taken therein, and of its order, finding, and award.
Such return of the commission when filed in the office of the
clerk of the district court shall constitute a judgment roll in such
action; and it shall not be necessary to settle a bill of exceptions
in order to make such return part of the record of such court in
such action. Said action may thereupon be brought on for hear
ing before said court, upon such record by either party on ten
days’ notice to the other; subject, however, to the provisions of
law for a change of the place of trial or the calling in of another
judge.
S e c . 4363. If, upon trial of spch action, it shall appear that
all issues arising in such action have not heretofore been presented
to the commission in the petition filed as provided in this act, or
that the commission has not theretofore had an ample opportunity
to hear and determine any o f the issues raised in such action,
or has for any reason, not in fact heard and determined the issues
raised, the court shall, before proceeding to render judgment,
unless the parties to such action stipulate to the contrary, trans
mit to the commission a full statement of such issue or issues not
adequately considered, and shall stay further proceedings in such
action for fifteen days from the date of such transmission, and
majr thereafter grant such further stays as may be necessary.
Upon the receipt of such statement, the commission shall hear
and consider the issues not theretofore heard and considered, and
may alter, modify, amend or rescind its findings, order, or award
complained of in said action, and shall report its action thereon
to said court within ten days from the receipt of the statement
from the court for further hearing and consideration.
The court shall thereupon order such amendment or other pro
ceeding as may be necessary to raise the issues as presented by
such modification of the finding, order, or award as may have been
made by the commission upon the hearing, if any such modifica
tion has in fact been made, and shall proceed with the trial of
such action.
S e c . 4364. Upon such hearing, the court may confirm or set aside
such order, but only upon one or more of the following grounds:
(1) That the commission acted without or in excess of its
powers.
(2) That the finding, order, or award was procured by fraud.
(3) That the findings of fact by the commission do not support
the order or award.
(4) That the award does not do substantial justice to the
parties.
Any action commenced in court under this section to set aside
or modify any finding, order, or award of the commission shall be
brought to trial within thirty days after issue shall be joined, un
less continued on order of the court for good cause shown. No
continuance shall be for longer than thirty days at one time.
Procedure.
Seme.
Power of cou rt
24
Review by
preme court.
Fees.
Failure to
pear.
Violations.
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Upon the trial of any such action the court shall disregard any
irregularity or error of the commission unless it he made to
affirmatively appear that the claimant was damaged thereby.
The record in any case shall be transmitted to the commission
within twenty days after the order or judgment of the court, un
less, in the meantime, a writ of error addressed to the district
court shall be obtained from the supreme court, for the review of
such order or judgment.
Upon the setting aside of any finding, order, or award, the court
may recommit the controversy and remand the record in the case
to the commission for further hearing or proceedings; or it may
enter the proper judgment upon the findings, as the nature of
the case shall demand. An abstract of the judgment entered by
the trial court upon the review of any order or award, shall be
made by the clerk thereof upon the docket of said court, and a
transcript of such abstract may be obtained as of any entry upon
such docket.
suS e c . 4365. The commission or any party aggrieved by a judg
ment entered upon the review of any such finding, order, or
award, may have questions of law only reviewed summarily by
the supreme court by writ of error, as provided by law, and said
cause shall be advanced upon the calendar of the supreme court,
and a final decision rendered within sixty (60) days from date of
issuance of the writ. It shall not be necessary for said com
mission or any party aggrieved by said action to execute, serve,
or file any undertaking in order to obtain such writ of error.
S e c . 4366. No fees shall be charged by the clerk of any court
for the performance of any official service required by this act,
except for the docketing of judgments, and for certified copies of
transcripts thereof. In proceedings to review any finding, order,
or award, costs as between the parties shall be allowed, or not, in
the discretion of the court, but no costs shall be taxed against
said commission. In any action for the review of any finding,
order, or award, and upon any review thereof by the supreme
court, it shall be the duty of the district attorney of the county
wherein said action is pending, or the attorney general, if re
quested by the commission, to appear on behalf of the com
mission, whether any other party defendant should have appeared
or be represented in the action or not.
aP* S e c . 4367. Any person who shall fail, refuse, or neglect to ap
pear and testify, or to produce books, papers, and records as re
quired by the subpoena duly served upon him, or as ordered by
said commission, shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined not more than one hundred dol
lars, or imprisoned in the county jail not longer than thirty days
for each day or part of day that said person is so in default.
The district court of the county wherein such person resides or
of the city and county of Denver, or of the county wherein said
person has been ordered to appear and testify or to produce such
books, papers, and records, upon application of the commission
or its agent may issue an order compelling the attendance and
testimony of witnesses and the production of books, papers, and
records before such commission or any such agent.
S e c . 4368. If an employer or employee, or any other person shall
violate any provision of this act, or shall do any act prohibited
thereby, or shall fail or refuse to perform any duty lawfully en
joined and for which no penalty has been specifically provided,
for each such violation, failure, or refusal such employer, em
ployee, or other person shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of not
less than one hundred dollars for each offense, or by imprison
ment in the county jail for not longer than sixty days, or both,
for each such offense.
If any employer or employee or any other person shall fail or
refuse or neglect to perform any duty lawfully enjoined within
the time prescribed by the commission, or shall fail, neglect, or
TEXT OF LAWS— COLORADO,
25
refuse to obey any lawful order made by the commission, or any
judgment or decree made by any court as provided in this act, for
each such violation, failure, neglect, or refusal such employer,
employee, or other person shall pay a penalty of not less than one
hundred dollars for each day such violation, failure, neglect, or
refusal shall continue.
The violation of any of the provisions of this act, including
any violation herein fixed as a misdemeanor or other crime shall,
in the case of a corporation, be considered as and be a violation
of the provisions of said act by any and all officers, agents, and
representatives of said corporation aiding, abetting, advising,
encouraging, participating, inciting, or acquiescing in such vio
lation, and they and each and every one of them shall be indi
vidually and separately guilty of such violation and subject to the
fines, penalties, and punishments herein provided.
S e c . 4 8 6 9 . Every day during which any employer or officer or
S e p a r a t e ofagent thereof, or any employee, shall fail to comply with any enseB*
lawful order of the commission or to perform any duty imposed
by this act, shall constitute a separate and distinct violation
thereof.
Sec. 4 3 7 0 . All penalties provided for in this act shall be col- Penalties,
lected in a civil action brought against the employer or em
ployee as the case may be, in the name of the commission, and
all such penalties, when collected, shall be paid into the expense
fund of such commission and become a part thereof. Any fine
herein provided shall be considered as a penalty and recovered
in a civil action as above provided, unless the violation of this
act for the punishment of which said fine is provided, is desig
nated as a misdemeanor or other crime.
S ec. 4 3 7 1 . Upon request of the commission, the attorney genEnforcement,
eral, or the district attorney of any district or county, shall
institute and prosecute the necessary action or proceedings for
the enforcement of any of the provisions of this act, or for the
recovery of any money due the commission, or any penalty herein
provided for, and shall defend in like manner all suits, actions, or
proceedings brought against the commission. No district attor
ney or any assistant, or deputy district attorney, nor the attorney
general or deputy, or assistant attorney general within this State
shall appear in any proceedings, hearing, investigation, arbitra
tion, award, or compensation matter, except as attorney for and
on behalf of said commission, its members, and employees.
S e c . 4372. If, for the purpose of obtaining any order, benefit,
F a l s e stateor award under the provisions of this act, either for himself or ments*
for any other person, any one willfully makes a false statement or
representation, he shall be guilty of perjury and punished accord
ingly.
[The secretary of state is ex officio commissioner of labor. The
deputy commissioner, a statistician, and a stenographer are
the force provided for in the appropriation acts. The industrial
commission of three members and a secretary make up the official
force, except as regards the compensation work.]
CONNECTICUT.
GENERAL STATUTES—1918.
Department of labor and factory inspection
.
S e c t i o n 2212 (as amended by chapter 366, Acts of 1921).
* * * There shall be paid * * * to the commissioner of
labor and factory inspection, thirty-five hundred dollars and
necessary postage, stationery, and office expenses, and the travel
ing expenses of the commissioner and his assistants; and to
all other employees o f said department such sums as shall be
fixed by the commissioner of said department, subject to the
approval of the board of control, together with all necessary ex
penses incident to the performance of the duties of the office, to
be paid upon proper vouchers of such employees, signed by the
commissioner.
D ep a rtm en t
S e c . 2318. There shall continue to be a department of labor
continued.
and factory inspection in which shall be consolidated the func
tions, prerogatives, powers, and duties of the bureau of labor
statistics and of the department of factory inspection. The
department of labor and factory inspection shall be under the
direction and control of a commissioner of labor and factory in
spection.
Appointment of
S e c . 2319. The governor, on or before the first day of May
commissioner.
in 1919, and quadrennially thereafter, shall appoint, with the ad
vice and consent of the senate, a commissioner of labor and
factory inspection to serve for four years from the first day of
July next succeeding his appointment.
S e c . 2320. The commissioner of labor and factory inspection
Deputies, etc.
may appoint to and remove from office such deputies, assistants,
or employees in the conduct of his office as are authorized and
provided for the bureau of labor statistics and for the department
of factory inspection.
Railroad round
S e c . 2321. The commissioner of labor and factory inspection, or
houses.
his deputy, shall examine the lighting and sanitary conditions
of railroad roundhouses.
Salary.
Bureau of labor statistics.
Bureau
lished.
estab
Rooms.
Deputy.
Data.
Powers.
S e c t i o n 2322. There shall be a bureau of labor statistics under
the management of the commissioner of labor and factory in
spection.
S e c . 2323. The comptroller shall provide suitable rooms in the
capitol for the labor bureau. The commissioner of labor and
factory inspection may appoint or remove from office a deputy
commissioner of the labor bureau to serve under the commis
sioner of labor and factory inspection in the labor bureau.
Sec. 2324 (as amended by chapter 185, Acts of 1921). The com
missioner of labor and factory inspection shall collect informa
tion upon the subject of labor, its relation to capital, the hours
of labor, the earnings of laboring men and women, and the means
of promoting their material, social, intellectual, and moral pros
perity, and shall have power to summon and examine under
oath such witnesses, and may direct the production of and
examine or cause to be produced and examined such books, rec
ords, vouchers^ memoranda, documents, letters, contracts, or
other papers in relation thereto as he may find proper, and shall
have the same powers in reference thereto as are vested in
magistrates in taking depositions; but for this purpose persons
shall not be required to leave the vicinity of their residence or
places o f business.
26
TEXT OF LAWS— CONNECTICUT
27
S e c . 2 3 2 5 . The commissioner shall annually report to the govReports,
ernor all the statistical details relating to this department.
S e c . 2326. The commissioner may employ special agents to
Agents,
assist him in his investigations who shall receive compensation
for the time actually employed in such service.
S e c . 2 3 2 7 . The commissioner is authorized to investigate the
investigations,
wages, hours o f employment, necessary expense of living and
health so far as affected by their employment, of wage-earning
women and girls in stores, wholesale and retail, public utilities,
photographic, undertaking, millinery and dressmakers* establish
ments, hotels, restaurants, laundries, hairdressing and barber
shops, domestic service and tenement-house work. Said investi
gation shall be conducted under the supervision of said commis
sioner by a woman specially trained for this work and selected
by him. Other employees of said bureau may be detailed to
assist in the prosecution of such investigation. Said commis
sioner shall have power to demand from those possessed of it
such information as is pertinent to the investigation herein
authorized, and any person who refuses to furnish the informa
tion so demanded, within a reasonable time, shall be fined not
more than one hundred dollars. Each week during which any
person refuses to furnish the information aforesaid after a
reasonable time has elapsed shall be a separate offense.
S e c . 2328. The commissioner may appoint competent persons,
Aliena,
familiar with the language of alien laborers, as special agents
of the bureau, who shall inform said laborers, either personally
or through printed matter in their language, as to their right
o f contract under the laws of the State, and prevent illegal
advantage being taken of said laborers by reason of their ignor
ance, credulity, or want of knowledge of the English language.
The appointment o f such agents shall not be permanent but
simply to meet the exigencies of each case as presented to the
commissioner, and they shall be paid the same compensation as
is paid other agents of the bureau. The total expense in any one
year shall not exceed three hundred dollars. * * *
S e c . 2 3 2 9 . The public employment bureaus in New Haven,
Public bureaus.
Hartford, Bridgeport, Norwich, and Waterbury shall remain as
established. * * * The commissioner of labor and factory
inspection shall appoint for each bureau, and may remove for
good and sufficient cause, a superintendent for the proper ad
ministration of its affairs. Such public employment bureaus
shall be a department o f the bureau o f labor statistics.
S e c . 2 3 3 3 . No person shall open, keep, or carry on any such [priP r i v a t e buvate] employment agency unless he shall procure a license from reaus*
the commissioner authorizing the licensee to open, keep, or carry
on such agency at a designated place. * * *
S e c . 2338. There shall be a department of factory inspection
Factory inspecunder the management of the commissioner of labor and factory tioninspection.
S e c . 2340. The commissioner shall, by himself or a representaDuties,
tive, as often as practicable, examine all buildings and places
where machinery is used and may enter such buildings and places
at all proper times for the purpose of inspection. He shall, on or
before the first of December in each year, make a report to the
governor of the condition, as respects safety to life and health,
of the factories, buildings, and places visited.
S e c . 2343. The commissioner of labor and factory inspection
Deputies,
shall appoint eight deputies, two of whom shall be women, to
assist him in the performance o f his duties. Such deputies shall
have the same power as the commissioner has in the department of
factory inspection, subject to his approval. The commissioner and
all deputies appointed under authority of this section are author
ized to lodge a complaint with any prosecuting officer for the viola
tion of the provisions of this chapter, and if such prosecuting officer
shall refuse to prosecute such offense, the commissioner or his
deputy may present such complaint to the judge o f the court or
the justice of the peace having jurisdiction, and if such judge
28
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
Enforcement.
Booms.
or justice of the peace shall find that sufficient facts to warrant
prosecution have been presented, he shall forthwith order the
prosecuting officer to issue a warrant for such offender. Any
prosecuting officer refusing to issue such warrant when so ordered
shall be fined not more than twenty-five dollars for each offense.
S e c . 2349. The commissioner shall enforce the provisions of
this chapter by giving proper orders or notices to the persons or
corporations owning, operating, or managing the factories or
buildings inspected by him and shall make complaint to the
State’s attorneys of all violations of this chapter.
S e c . 2354. The comptroller shall provide suitable rooms in the
capitol for the department of factory inspection, and furnish
blank forms for the notices and orders required by this chapter,
and for annual reports. The commissioner shall keep in books
provided by the comptroller copies of all notices and orders given
by him, and a record of all inspections and examinations made;
and upon the expiration of his term of office shall file his books
of record with the secretary of the State.
[The commissioner of labor and a commissioner of State em
ployment offices comprise the reported personnel of the depart
ment of labor and factory inspection.]
DELAWARE,
[The State of Delaware has no bureau or office strictly of the
nature of a bureau of labor, but has a labor commission of lim
ited powers and duties, as follow s:]
REVISED CODE— 1915.
C hapter 38 (as amended by chapter 66, Acts of 1915).—Labor
commission.
987, S e c t i o n 1. From and after the approval o f this act the C h i l d labor
abol
Delaware child labor commission shall be abolished and the commission
ished.
terms of office, rights, powers, and duties of the members of the
said Delaware child labor commission are hereby and shall be
abolished, ended, and terminated. A commission is hereby cre
ated and established with the powers and duties hereinafter pro
vided, which shall be known as the " Labor Commission of Dela
ware.” The said commission shall consist of five members, one
of whom shall be appointed from among the bona fide residents Labor commis
of New Castle County, one from among the bona fide residents sion created.
of Kent County, and one from among the bona fide residents of
Sussex County; the remaining two shall be appointed at large
from among the bona fide residents of the State of Delaware. On
or before the first day of April, Anno Domini nineteen hundred
and fifteen, the governor shall appoint the members of the said
Labor Commission of Delaware provided herein, as follows:
One member for a term of one year, one member for a term of
two years, one member for a term of three years, one member for
a term of four years, and one member for a term of five yeas.
The term of office, after the first appointments made hereunder, Term.
shall be for five years, and annually, on or before the first day of
April, the governor shall appoint a suitable person to fill the
vacancy caused by the expiration of the term of office.
In case of vacancy caused by death, resignation, refusal to
serve, or otherwise, the governor shall make appointments to fill
such vacancy or vacancies for the balance of the unexpired term.
988, S e c . 2. The members of the commission shall receive no Organization.
salary for their services. They shall annually elect one of their
number as chairman of the said commission and may appoint a
person not a member of the commission as secretary who may
receive a salary not exceeding one hundred dollars per annum.
989, S e c . 3. The commission shall have power and authority Appointees.
by a majority vote of the whole commission to make all appoint
ments of officials or employees which may be made under any
law relating to the condition, regulation or inspection of labor o f
minor children, or the condition, regulation, or inspection of labor
of females in the State of Delaware. The officers or employees so
appointed shall make quarterly reports to the commission. When
in the opinion of the majority of the whole commission, any offi
cial or employee appointed or engaged by the commission shall
not perform his or her duty in a satisfactory and efficient manner,
the commission shall have the power to remove the said official
or employee and to appoint a new official or employee in his or
her stead: Provided, however, That no official shall be removed
from office until such official shall have had a fair and impartial
public hearing, and shall have been furnished with a copy of the
charges and specifications of complaints upon which the action
of the commission shall have been based, if such charges and
specifications be requested.
29
49735°—23-----3
30
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Report.
Appropriation.
Printing.
Appointees.
990, S e c . 4. The commission shall furnish annually to the gov
ernor during the first week in January a full account of their
expenditures, disbursements, and action. Such report shall at
all times be open to the inspection of the citizens of the State
in the office of the secretary of state.
9 9 1 , S e c . 5. To defray the expenses of the said commission
and its officers and employees the sum of one thousand dollars
is hereby appropriated annually out of the money in the State
treasury not otherwise appropriated, and the State treasurer is
authorized from time to time to pay said expenses out of the said
appropriation upon the requisitions of the chairman of said com
mission.
992, S e c . 6 The Labor Commission of Delaware shall formu
late and have printed certificates and papers required in the
issuing of employment certificates and the abstracts of the law
relating to the hours of child labor and the conditions and hours
of females in this State.
The said commission shall have the power to appoint and fill
vacancies in the office of the State child labor inspector, as pro
vided by section 91 [8191] of chapter 90, of said Revised Code of
the State of Delaware, and to appoint and fill vacancies in the
office of the inspector [of woman labor] as provided by section 39
[3139] of the said chapter 90 of the Revised Code of the State
of Delaware.
Approved February 19, 1915.
[The organization consists of five commissioners, a secretary, a
chief of the child labor division, an assistant in the woman’s
labor division, and an inspector of canneries.]
.
DISTRICT OF COLUMBIA.
[No office corresponding to a State labor bureau exists in the
District of Columbia. The Commissioners of the District enforce
certain safety laws, and appoint three inspectors of woman labor
under the act of February 29, 1914 (38 Stat. 291), relative to
the hours of labor of women, and two inspectors of child labor
under the act of May 28, 1908 (35 Stat. 420).]
FLORIDA.
[The State of Florida has no bureau of labor, its only provi
sion of law in this field being as follow s:]
REVISED GENERAL STATUTES— 192a
State labor inspector.
Office created
Salary.
Expenses.
S e c t i o n 4037. For the purpose of carrying out the provisions of
this article [relating to the employment of children and factory
inspection] the office of State labor inspector is hereby created,
such office to be filled by any capable person, male or female,
by appointment of the governor for a term of four years, such
term to begin from and after such appointment, but said in
spector shall have no power or authority except as conferred by
this Article.
S e c . 4038. The said State labor inspector shall receive an an
nual salary of eighteen hundred dollars, payable monthly out of
any moneys not otherwise appropriated, as other salaries of State
employees, together with such necessary traveling expenses as
may be incurred by him or her in making such trips of inspec
tion not to exceed eight hundred dollars. The inspector shall also
be allowed all office stationery and other expenses not to exceed
two hundred dollars per year, such expenses to be paid out of
any moneys not otherwise appropriated.
[The State labor inspector alone comprises the personnel of
the office.]
GEORGIA.
PARK’S ANNOTATED CODE—1914: SUPPLEMENT—1922.
Department of commerce and labor.
Department
S e c t i o n 2141(a). A department o f commerce and labor is
hereby created and established, the duties of which depart created.
ment shall be exercised and discharged by a commissioner, who
shall be designated as commissioner of commerce and labor, by
an assistant, and by a chief clerk, who shall be a stenographer.
Said assistant and said chief clerk shall be appointed by the
commissioner.
S e c . 2141(b). Said commissioner of commerce and labor shall Commissioner.
be elected by persons qualified to vote for members of the gen
eral assembly, at the same time, in the same manner, and under
the same rules and regulations as the governor and statehouse
officers; and shall hold his office for two years and until his
successor is elected and qualified, unless removed in the manner
now prescribed by law for the removal of officials of the State
government. In case of a vacancy in the office of commissioner
of commerce and labor from any cause, such vacancy shall be
filled by appointment by the governor, which appointee shall hold
the office until his successor is elected and qualified. * * *
Office.
S e c . 2141( c ). The office of said department shall be kept in
the capitol and shall be furnished and provided for as are other
departmental officers o f the State.
Sec. 2141(d). Said commissioner and his assistant shall de Foil time.
vote their whole time to the duties of their office and shall not
hold any other office during their terms of office.
S ec. 2141(e). The commissioner, aided by his lawful assistants,
Information to
shall collect and collate information and statistics concerning be obtained.
labor and its relation to capital, showing labor conditions through
out the State; the hours of labor; the earnings of laborers; and
their educational, moral, and financial condition, and the best
means of promoting their mental, moral, and material welfare;
shall investigate the cause and extent of labor shortage, and
the migration of labor; shall also collect and collate information
and statistics concerning the location, capacity of mills, factories,
workshops, and other industries, and actual output of manufactured
products, and also the character and amount of labor employed;
the kind and quantity of raw material annually used by them,
and the capital invested therein; and such other information
and statistics concerning the natural resources of the State and
the industrial welfare of the citizens as may be deemed neces
sary and of interest and benefit to the public and by the dis
semination of such data to advertise the various industrial and
natural resources of Georgia in order to attract desirable settlers
and to bring capital into the State. The department of com
merce and labor is also charged with the following duties:
[The duties named are the maintenance of a free employment
service, the supervision of private employment agencies and of
emigrant agents, and investigating and issuing permits to persons
desiring to secure in the State workmen to be employed outside
its boundaries.]
Sec. 2 1 4 1 (f). The commissioner shall furnish suitable blanks Blanks to be
to the heads of the various industries of this State, upon which furnished.
answers are desired in the collection of such statistical data.
S e c . 2141(g). No use shall be made in the report of the de I n f o r m a t i o n
partment of the names of individuals, firms, or corporations sup confidential.
plying the information called for by this law, such information
being deemed confidential, and not for the purpose of disclosing
any person’s private affairs.
31
32
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
County
cials.
Law
ment.
offi
enforce
Strikes, etc.
Reports.
Salary, etc.
S e c . 2141(h). All officers of the various comities o f this State
shall, when called upon, furnish the commissioner such statistical
and other information within their official knowledge or keeping,
concerning such industrial and other interests, within the pur
view and intent o f this law.
Sec. 2141 (i). Said commissioner shall make investigation con
cerning the operation of the various laws relating to the safety
of the life and limb of employees, especially those concerning the
employment of child labor and of women, and he shall take
legal steps looking to the proper enforcement and due observance
of such laws.
Sec. 2141 (j ). Said commissioner may inquire into the causes
of strikes and lockouts, and other disagreements between em
ployers and employees; and, whenever practicable, offer his good
offices to the contending parties with a view of bringing about
friendly and satisfactory adjustments thereof.
S e c . 2141 (k). The commissioner shall annually publish a re
port addressed to the governor, embodying therein such informa
tion and statistics as he may deem expedient and proper, which
report shall be printed and paid for by the State just as reports
of other public officers are printed and paid for, the number of
copies of such report to be printed to be designated by the com
missioner. He shall also make a full report to the governor as
other officers are required to do, embodying therein such recom
mendations as he may deem calculated to promote the efficiency
of his department
Sec. 2141(1). The commissioner shall receive a salary of thirtysix hundred dollars per annum; the assistant commissioner
eighteen hundred dollars per annum; and the chief clerk and
stenographer fifteen hundred dollars per annum, and eighteen
hundred dollars per annum shall be allowed for the incidental
expenses of said department, including the actual traveling ex
penses of said commissioner, assistant, and chief clerk, while
traveling for the purpose of collecting information and statistics
as provided for in this law.
[The organization of the department comprises the commis
sioner, assistant commissioner, chief clerk, and a factory in
spector.]
HAWAII.
HSk> labor official is provided for in the Territory o f Hawaii
other than the industrial accident boards for each county, charged
solely with the administration of the compensation a c t]
IDAHO.
CONSTITUTION.
A r tic le IS .—
Bureau of immigration, labor and statistics.
S e c t i o n 1. There shall be established a bureau of immigration,
°* im"
labor and statistics, which shall be under the charge of a com- lgrr* 1 n’ c‘
missioner of immigration, labor and statistics, who shall be ap
pointed by the governor, by and with the consent of the senate.
The commissioner shall hold his office for two years, and until his m^oMr. C°m*
successor shall have been appointed and qualified, unless sooner
removed. The commissioner shall collect information upon the
subject of labor, its relation to capital, the hours of labor and the
earnings of laboring men and women, and the means of promoting
their material, social, intellectual and moral prosperity. The
commissioner shall annually make a report in writing to the gov
ernor of the State of the information collected and collated by
him, and containing such recommendations as he may deem calcu
lated to promote the efficiency of the bureau.
S e c . 8. The commissioner of immigration, labor and statistics
841116 subject,
shall perform such duties and receive such compensation as may
be prescribed by law.
COMPILED STATUTES— 1919.
Department of immigration, labor and statistics.
S e c t i o n 331. The department of immigration, labor and statisDutiefc
tics is the bureau of immigration, labor and statistics heretofore
established by law. It shall have pow er:
1. To promote the welfare of workers and to improve their
commercial, industrial, social and sanitary condition.
2. To collect information upon the subject of labor, its relation
to capital, the hours of labor and the earnings of laboring men
and women, and the means of promoting their material, social,
intellectual and moral prosperity.
3. To visit and inspect, during reasonable hours, all shops, fac
tories and mercantile establishments and other places where
workmen are employed, as often as practicable, and to cause the
provisions of law to be enforced therein.
4. To inspect the sanitary conditions, system of sewerage, sys
tem of heating, lighting and ventilating of rooms where persons
are employed at labor and the means of exit in case of fire or
other disaster, within or connected with shops and factories. To
examine the machinery in and about such shops and factories to
see that it is not located so as to be dangerous to employees when
engaged in their ordinary duties.
5. To collect and compile reliable data which if disseminated
would tend to the development of the State by inducing popula
tion and capital to come within its borders.
6. To declare and prescribe what safety devices, safeguards or
other means or methods of protection are well adapted to render
employees and places of employment safe.
7. To fix. and order such reasonable standards for the construc
tion, maintenance and repair o f places of employment as shall
render them safe.
8. To require the performance of any act necessary for the
protection of the life, health and safety of employees.
S e c . 2268. In conformity with the requirements of section 1, O f f i c e estabArticle X III, of the constitution of the State of Idaho, a bureauhshed*
of immigration, labor and statistics for the State is hereby estab
lished, which is the department o f immigration, labor and sta
tistics.
S e c . 2269. It shall be the duty of the governor, by and with
Commissioner,
the consent of the senate, to appoint a competent person as com-
34
Duties.
Powers.
Report.
Statistics
bor.
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
missioncr of immigration, labor and statistics, who shall have
charge of said department, and who shall hold his office for the
term provided in Article X III of the constitution. He shall re
ceive a salary of $3,600 a year, and such additional sum for gen
eral expenses, including his traveling expenses, printing, clerical
hire and other actual and necessary expenses of his office, as the
legislature shall authorize and appropriate, to be paid as are the
salaries and expenses of other State officers. Before entering
upon the duties o f his office, he shall take oath for the faithful
discharge of the duties thereof, the same as other State officers.
The secretary of state shall provide a suitable room for the use
of said department and furnish the necessary fuel, light and ap
purtenances. All books, papers and documents in the office of
said commissioner shall be deemed public records of the State,
and shall be transferred by him to his successor in office.
S e c . 2270. It shall be, and is hereby made, the duty of said
commissioner to collect and compile all reliable data and infor
mation at his command, concerning the climate, soil and various
resources of the State; its agricultural, horticultural, mineral,
timber and grazing lands, and industries, and the development
thereof; * * * the wages and hours of labor, both skilled
and common, and its relation to capital; and, generally, any in
formation, which if disseminated abroad, would tend to the
development of the State by inducing population and capital to
come within its borders. * * *
Sec. 2271. In order to enable said commissioner to secure the
above required information, he is hereby clothed with the power
to call upon officers of the State, county assessors, superintendents
of public instruction, and other officers, for such information as
he may desire and deem valuable in his department.
Sec . 2274. The commissioner shall, on or before the first day of
December in each year, transmit to the governor a full and com
plete report of the doings of his office, including a tabulated state
ment of all statistics accumulated in his office, and a detailed and
itemized account of the expenses thereof.
S e c . 2275. The commissioner shall collect information upon the
of la
subject of labor, its relation to capital, the hours of labor, and
the earnings of laboring men and women, and the means of pro
moting their material, social, intellectual, and moral prosperity,
and assort, systematize, print and present in annual reports to
the governor, on or before the 1st day in December o f each year,
statistical details relating to all departments of labor in this
State, including the penal institutions thereof, particularly con
cerning the hours o f labor, the number of laborers and mechanics
employed, the number of apprentices in each trade, with the
nativity of such laborers, mechanics, and apprentices, wages
earned, the savings from the same, the culture, moral and mental,
with age and sex, of laborers employed, and number and char
acter of accidents, the sanitary condition of institutions and other
places where labor is employed, as well as the influence of the
several kinds of labor, and the use of intoxicating liquor upon
the health and mental condition of the laborer, the restrictions,
if any, which are put upon apprentices when indentured, the pro
portion of married laborers and mechanics who live in rented
houses, with the annual rental of the same, the average number of
members in the families of married laborers and mechanics, the
value of property owned by laborers and mechanics, together with
the value of property owned by such laborers and mechanics (if
foreign born), upon tlneir arrival in this country, and the length
o f time they have resided here, the subject of cooperation, strikes,
or other labor difficulties, trades-unions, and other labor organi
zations, and their effects upon labor and capital, with such other
matter relating to the commercial, industrial, and sanitary con
dition of the laboring classes, and permanent prosperity of the
respective industries of the State, as such department may be
able to gather, accompanied by such recommendations relating
thereto as the department shall deem proper.
ILLINOIS.
KEVISED STATUTES—191T.
C hapter 24$.— C iv i l A d m in is t r a t iv e C o d e .
Department of labor.
S e c t io n 3 . Departments o f the State government are created
D epartm ent
as follow s:
created*
/
«
*
«
*
*
*
*
The department of labor: * * *.
Sec. 4. Each department shall have an officer at its head who
shall be known as a director, and who shall, subject to the pro
visions of this act, execute the powers and discharge the duties
vested by law in his respective department.
Director
The following offices are hereby created: * * ♦ Director"
of labor, for the department o f labor; * ♦ *.
Sec. 5. In addition to the directors of departments, the follow- other officers,
ing executive and administrative officers, boards, and commis
sions, which said officers, boards, and commissions in the
respective departments, shall hold offices hereby created and
designated as follow s:
In the department of labor:
Assistant director of labor;
Chief factory inspector;
Superintendent o f free employment offices;
Chief:inspector of private employment agencies;
The industrial commission, which shall consist of five officers
designated Industrial Officers.
0
*
0
*
0
0
0
The above-named officers, and each of them, shall, except as
otherwise provided in this act, be under the direction, supervision,
and control of the director of their respective departments, and
shall perform such duties as such director shall prescribe.
Sec. 6. Advisory and nonexecutive boards, in the respective
departments, are created as follow s:
o
*
o
o
o
Boards,
o
In the department of labor:
A board of Illinois free employment office advisors, composed
of five persons;
A board of local Illinois free employment office advisors, for
each free employment office, composed o f five persons on each
local board.
*
*
o
*
*
*
The members of each of the above-named boards shall be
officers.
S e c . 7 (as amended by act, page 340, Acts of 1921).
Of the five industrial officers, two shall be representative citizens
of the employing class operating under the workmen’s compensa
tion act, two shall be representative citizens chosen from among
the employees operating under such act, and the other shall be
a representative citizen not identified with either the employing
or employee classes.
Of the five Illinois free employment office advisors, two shall
be representative employers, two representatives of organized
labor, and one representative citizen who is neither an employer
nor an employee.
The five local Illinois free employment office advisors shall
have the same qualifications as the Illinois free employment office
advisors.
35
Qualification*.
36
LAWS PROVIDING FOR BURE ADS OP LABOR, ETC.
Powers and du
ties.
Salaries.
Advisory board?
unpaid.
Entire time.
Appointments.
Sec. 8 . Each advisory and nonexecutive board, except as other
wise expressly provided in this act, shall, with respect to its
field of work, or that of the department with which it is asso
ciated, have the following powers and duties:
1. To consider and study the entire field; to advise the execu
tive officers of the department upon their request; to recommend,
on its own initiative, policies and practices, which recommenda
tions the executive officers of the department shall duly con
sider, and to give advice or make recommendations to the gov
ernor and the general assembly when so requested, or on its own
initiative;
2. To investigate the conduct of the work of the department
with which it may be associated, and for this purpose to have
access, at any time, to all books, papers, documents, and records
pertaining or belonging thereto, and to require written or oral
information from any officer or employee thereof;
3. To adopt rules, not inconsistent with law, for its internal
control and management, a copy of which rules shall be filed
with the director of the department with which such board is
associated;
4. To hold meetings at such times and places as may be pre
scribed by the rules, not less frequently, however, than quarterly;
5. To act by a subcommittee, or by a majority of the board, if
the rules so prescribe;
6 . To keep minutes of the transactions of each session, regular
or special, which shall be public records and filed with the di
rector of the department;
7. To give notice to the governor and to the director of the de
partment with which it is associated of the time and place of
every meeting, regular or special, and to permit the governor and
the director of the department to be present and to be heard upon
any matter coming before such board.
*
S e c . 9 (as amended by act, page 335, Acts of 1921).
* * *
The executive and administrative officers, whose offices are cre
ated by this act, shall receive annual salaries, payable in equal
monthly installments, as follows:
*
*
*
*
*
*
*
In the department of labor:
The director of labor shall receive seven thousand dollars;
The assistant director of labor shall receive four thousand
dollars;
The chief factory inspector shall receive four thousand dollars;
The superintendent of free employment offices shall receive three
thousand dollars;
The chief inspector of private employment agencies shall re
ceive four thousand dollars;
Each industrial officer shall receive five thousand dollars.
Sec. 10. No member of an advisory and nonexecutive board
shall receive any compensation.
Sec. 11. Each executive and administrative officer, except the
two food standard officers, the members of the mining board, and
the members of the normal school board shall devote his entire
time to the duties of his office and shall hold no other office or
position of profit.
Sec. 12. Each officer whose office is created by this act shall be
appointed by the governor, by and with the advice and consent
of the senate. In any case of vacancy in such offices during the
recess of the senate, the governor shall make a temporary ap
pointment until the next meeting of the senate, when he shall
nominate some person to fill such office; and any person so nomi
nated, who is confirmed by the senate, shall hold his office during
the remainder of the term and until his successor shall be ap
pointed and qualified. If the senate is not in session at the time
this act takes effect, the governor shall make a temporary ap
pointment as in case of a vacancy.
Sec. 13. Each officer whose office is created by this act, except
Term.
as otherwise specifically provided for in this act, shall hold office
37
TEXT OF LAWS— ILLINOIS,
for a term o f four years from the second Monday In January
next after the election o f a governor, and until his successor
is appointed and qualified. * * *
Sec. 14. [Prescribes an oath of office.]
Sec. 15. Each executive and administrative officer whose office
is created by this act shall, before entering upon the discharge
o f the duties of his office, give bond, with security to be approved
by the governor, in such penal sum as shall be fixed by the gov
ernor, not less in any case than $10,000, conditioned for the faith
ful performance of his duties, which bond shall be filed in the
office of the secretary of state.
Sec. 16. [Authorizes directors to make office rules.]
Sec. 17. Each department shall maintain a central office in the
capitol building at Springfield, in rooms provided by the secretary
o f state. The director o f each department may, in his discretion
and with the approval of the governor, establish and maintain,
at places other than the seat of government, branch offices for
the conduct o f any one or more functions of his department.
Sec. 18. Each department shall be open for the transaction
of public business at least from eight-thirty o’clock in the
morning until five o’clock in the evening of each day except Sun
days and days declared by the negotiable instrument act to be
holidays.
Sec. 19. [Authorizes official seal.]
Sec. 20. Each department is empowered to employ, subject to
civil service laws in force at the time the employment is made,
necessary employees, and, if the rate of compensation is not
otherwise fixed by law, to fix their compensation.
Sec. 21. All employees in the several departments shall ren
der not less than seven and one-half hours o f labor each day,
Saturday afternoons, Sundays, and days declared by the negotia
ble instrument act to be holidays, except in cases in which, in
the judgment of the director, the public service will not thereby
be impaired.
Sec. 25. Each director o f a department shall annually on or
before the first day o f December, and at such other times as the
governor may require, report in writing to the governor concern
ing condition, management, and financial transactions of their
respective departments. In addition to such reports, each direc
tor of a department shall make the semiannual and biennial
reports provided by the constitution. The departments shall
make annual and biennial reports at the time prescribed in this
section, and at no other time.
S e c . 43. The department of labor shall have pow er:
1. To exercise the rights, powers, and duties vested by law in
the commissioners of labor, the secretary, other officers and em
ployees of said commissioners o f labor;
2. To exercise the rights, powers, and duties vested by law in
the superintendents and assistant superintendents of free em
ployment offices, general advisory board of free employment
offices, local advisory boards of free employment offices, and other
officers and employees of free employment offices;
3. To exercise the rights, powers, and duties vested by law in
the chief inspector of private employment agencies, inspectors of
private employment agencies, their subordinate officers and em
ployees ;
4. To exercise the rights, powers, and duties vested by law in
the chief factory inspector, assistant chief factory inspector,
deputy factory inspector, and all other officers and employees of
the State factory inspection service;
5. To exercise the rights, powers, and duties vested by law in
the State board of arbitration and conciliation, its officers, and
employees;
6. To exercise the rights, powers, and duties vested by law in
the industrial board, its officers, and employees;
Oath.
Bond.
Rules.
Offices.
Hours.
SeaL
Employees.
Work time.
Reports.
Powers.
38
LAW'S PROVIDING FOB BUREAUS OF LABOR, ETC,
7. To foster, promote, and develop the welfare of wage earners;
8. To improve working conditions;
9. To advance opportunities for profitable employment;
10. To collect, collate, assort, systematize, and report statistical
details relating to all departments of labor, especially in its
relation to commercial, industrial, social, educational, and sani
tary conditions, and to the permanent prosperity of the manu
facturing and productive industries;
11. To collect, collate, assort, systematize, and report statistical
details of the manufacturing industries and commerce of the
State;
12. To acquire and diffuse useful information on subjects con
nected with labor in the most general and comprehensive sense
o f that w ord ;
13. To acquire and diffuse among the people useful information
concerning the means of promoting the material, social, intellec
tual, and moral prosperity of laboring men and women;
14. To acquire information and report upon the general condi
tion, so far as production is concerned, of the leading industries
o f the State;
15. To acquire and diffuse information as to the conditions of
employment, and such other facts as may be deemed of value
to the industrial interests of the State;
16. To acquire and diffuse information in relation to the pre
vention of accidents, occupational diseases, and other related
subjects.
S e c . 44. The department o f labor shall exercise and discharge
the rights, powers, and duties vested by law in the industrial
board under an act [the workmen’s compensation law] * * *
approved June twenty-eighth, nineteen hundred and thirteen, in
force July first, nineteen hundred and thirteen, or any future
amendments thereto or modifications thereof.
Industrial com
Said act and all amendments thereto and modifications thereof,
mission.
if any, shall be administered by the industrial commission created
by this act, and in its name, without any direction, supervision,
or control by the director o f labor.
The industrial commission shall also, in its name and without
any direction, supervision, or control by the director, administer
the arbitration and conciliation act.
[The personnel of the department o f labor consists o f a director,
assistant director, chief factory inspector, chief of division of
free employment agencies, chief inspector of private employment
agencies, and an advisory board of four members, a secretary,
and a statistician.]
INDIANA.
ANNOTATED STATUTES, 1914.
Bureau of statistics.
[This office was abolished by chapter 79, Acts of 1917. However,
its duties were continued, and devolved upon the industrial board,
which was created by chapter 106, Acts of 1915. The law
prescribing the duties, etc., of the bureau is reproduced below.]
S e c t i o n 9341. The duties of said bureau shall be to collect,
Dotie*.
systematize, tabulate, and present in annual reports, as hereinafter
provided, statistical information and details relating to agri
culture, manufacturing, mining, commerce, education, labor, social
and sanitary conditions, vital statistics, marriages and deaths, and
to the permanent prosperity of the productive industry of the
people of the State.
S e c . 9347. In addition to the other duties now imposed by law
statistics of laon the chief of the Indiana Bureau of Statistics, he shall collect, tx*.
compile and systematize statistics, with reference to the subject of
labor in its social, educational, industrial and general condition,
wages and treatment of all classes of our working people, to the
end that the effects of the same upon the permanent prosperity and
productive industry may be shown, and shall report to the legisla
ture, in convenient form, the results of his investigation.
S e c . 9348. The duties of such bureau shall be to collect
* * * Reports, etc.
assort, systematize, print and present in biennial reports to the
legislature statistical details relating to all departments of labor
in this State, including the penal institutions thereof, particularly
concerning the hours of labor, the number of laborers and me
chanics employed, the number of apprentices in each trade, with
the nativity of such laborers, mechanics and apprentices, wages
earned, savings from the same, the culture, moral and mental, with
age and sex of person employed, the number and character of acci
dents, the sanitary condition of institutions where labor is em
ployed, as well as the influence of the several kinds of labor, and
the use of intoxicating liquors upon the health and mental condi
tion of the laborers, the restrictions, if any, which are put upon
apprentices when indentured, the proportion of married laborers
and mechanics who live in rented houses, with the average annual
rental of the same, the average number of members in the families
of married laborers and mechanics, the value of property owned
by laborers or mechanics (if foreign born) upon their arrival in
this country, and the length of time they have resided here, the
subjects of cooperation, strikes or other labor difficulties, tradesunions, and other labor organizations, and their effects upon labor
and capital, with such other matter relating to the commercial,
industrial and sanitary condition of the laboring classes and per
manent prosperity of the respective industries of the State, as such
bureau may be able to gather, accompanied by such recommenda
tions relating thereto as the bureau may deem proper.
S e c . 9349. The chief or duly authorized deputy shall have power power of chief,
to examine witnesses under oath, to compel the attendance of wit
nesses and the production of papers while acting in any part of
this State, and witnesses may be summoned by said chief or
authorized deputy thereof by its process, in the same manner
administer oaths and take testimony in all matters relating to the
duties herein required of said bureau.
S e c . 9350. Any county, municipal or township officer, corporaRefusing to antion, firm, individual or association doing business within th isswer ^nestionsState, who shall neglect or refuse for thirty days, to answer ques-
39
40
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
Information
be furnished.
,
Penalty.
tions by circular or upon personal application, or who shall refuse
to obey the summons and give testimony according to the pro
visions of this act [secs. 9847 to 9350, inclusive], shall be liable
to a penalty of one hundred dollars, to be collected by the order
of the chief of said bureau of statistics in an action wherein the
to
of Indiana shall be plaintiff,
S e c . 9355. It shall be the duty of the several city, incorporated
town, county and township assessors, trustees, officers of school
boards and boards of health, in their respective cities, towns,
counties and townships; the agents or superintendents of all
manufacturing, mining, and mechanical establishments; the man
agers and superintendents of all corporations, manufacturing,
mechanical and transportation companies and associations; and
county superintendents of schools—to make reports and answer
questions relating to the duties of said bureau, upon such blanks
as may be furnished to them for such purposes by said bureau.
And the chief of said department shall have power to administer
oaths, and to examine witnesses, under oath, on questions relating
to production, manufacturing, mining, transportation, labor,
wages, savings, and respecting such other matters as relate to the
duties of said bureau.
Sec. 9357. Any person or persons authorized by the bureau to
collect statistics, or to answer questions relating thereto, who
shall neglect or refuse to make true returns, as provided for in
this act [secs. 9355, 9357], shall forfeit and pay a fine not exceed
ing two hundred dollars.
ACTS OF 1915.
Chapter
industrial
board-
Term.
.
Salaries.
106.—Industrial board.
S e c t i o n 50 (as amended by chapter 57, Acts of 1919). There is
hereby created the industrial board of Indiana, which shall con
sist of five members, two of whom shall be attorneys, and not
more than three of whom shall be of the same political party, ap
pointed by the governor, one of whom he shall designate as chair
man.
The chairman of said board shall be an attorney of recognized
qualifications.
Each member of the board shall hold his office for four years
and until his successor is appointed and qualified, unless removed
by the governor, except that the three present members of said
board shall continue to serve for and during the terms for which
they have been appointed, unless removed as hereinafter pro
vided, and of the two additional members hereby provided for,
one shall be appointed for two years and one for four years.
Thereafter, upon the expiration of the term of any member, the
governor shall appoint his successor for the full term of four
years.
®
Each member of the board shall devote his entire time to the
discharge of the duties of his office and shall not hold any other
position of trust or profit or engage in any occupation or business
interfering with or inconsistent with the discharge o f his duties
as such member.
Any member of said board may be removed by the governor at
any time for incompetency, neglect of duty, misconduct in office,
or other good cause, to be stated in writing in the order o f re
moval.
In case o f a vacancy in the membership of said board, the
governor shall appoint for the unexpired term.
Sec. ^ ( as amen(je(j by chapter 57, Acts of 1919). The annual
salary of each member of the board shall be four thousand
dollars.
The board may appoint a secretary at a salary of not more
than twenty-five hundred dollars a year and may remove him.
The secretary shall have the authority to administer oaths and
issue subpoenas.
TEXT OF LAWS---- INDIANA.
41
The board, subject to the approval of the governor, may em
ploy and fix the compensation of such clerical and other assist
ants as it may deem necessary. The clerical and other assist
ants shall be employed with special reference to their qualifica
tions for the discharge of the duties assigned to them, and with
out regard to their political affiliations, except that not more
than sixty per cent of such employees shall be of the same politi
cal party: Provided, That none of the present employees shall
be discharged merely to establish such political proportion.
The members of the board and its assistants shall be entitled
to receive from the State their actual and necessary expenses Expenses,
while traveling on the business of the board, but such expenses
shall be sworn to by the person who incurred the same and shall
be approved by the chairman of the board before payment is
made.
All salaries and expenses of the board shall be audited and
paid out of the State treasury in the manner prescribed for
similar expenses in other departments or branches of the State
service.
S e c . 52. The rights, powers, and duties conferred by law upon
T r a n s f e r of
the State bureau of inspection of the State of Indiana are hereby P°wers*
continued in full force and are hereby transferred to the indus
trial board hereby created and shall be held and exercised by
them under the laws heretofore in force and the said State
bureau of inspection is hereby abolished. The present chief
inspector of said State bureau of inspection is hereby made a
member of said industrial board until the expiration of one year
from the date of the taking effect of this act and until his suc
cessor is appointed and qualified. The deputy inspectors hereto
fore appointed by the governor as deputy inspectors in said
State bureau of inspection, to w it: Inspector of buildings, fac
tories, and workshops, inspector of boilers, and inspector of mines
and mining, together with their assistant inspectors, are hereby
continued in their respective offices, at their present salaries,
until the expiration of the terms for which they are respectively
appointed and until their successors are appointed and qualified,
and each of them respectively shall have and perform all the
rights, powers, and duties now held and performed by each of
them, respectively, together with such other rights, powers, and
duties as may be prescribed by said industrial board. Upon the
termination of the said terms of office for which said deputy
inspectors have been appointed, said industrial board, with the
concurrence of the governor, shall appoint their successors to
serve during the pleasure of said industrial board.
S e c . 5 3 . All the rights, powers, and duties of the labor com- , Labor commismission of the State of Indiana, heretofore created and subse- sion abolished*
quently transferred to and vested in the State bureau of in
spection, are hereby abolished.
S e c . 5 4 . The board shall be provided with adequate offices in
Offices,
the capitol or some other suitable building in the city of Indian
apolis, in which the records shall be kept and its official business
be transacted during regular business hours; it shall also be
provided with necessary office furniture, stationery, and other
supplies.
The board or any member thereof may hold sessions at any
place within the State as may be deemed necessary.
Approved March 8, 1915.
[The organization of the industrial board comprises the five
members of the board; a chief of the factory, building and work
shop inspection department, with five assistants; a chief of the
boiler inspection department, with four assistants; a chief of the
mine inspection department, with five assistants; a director of
the department of women and children, with two investigators;
and a director of the free employment department. The board
also administers the workmen’s compensation law of the State,
in which service the largest department under the board is
engaged.]
IOWA.
CODE AND SUPPLEMENT.
Bureau of labor statistics— Inspection, etc., of factories.
Commissioner.
Dnties.
Report.
Bulletins.
S e c t i o n 2469. The bureau of labor statistics shall be under the
control of a commissioner, biennially appointed by the governor,
by and with the advice and consent of the executive council,
whose term of office shall commence on the first day of April in
each odd-numbered year and continue for two years, and suntil
his successor is appointed and qualified. He may be remove*d for
cause by the governor, with the advice of the executive council,
record thereof being made in his office; any vacancy shall be
filled in the same manner as the original appointment. He shall
give bonds in the sum of two thousand dollars with sureties to
be approved by the governor, conditioned for the faithful dis
charge of the duties of his office, and take the oath prescribed by
law. He shall have an office in the capitol, safely keep all rec
ords, papers, documents, correspondence, and other property per
taining to or coming into his hands by virtue of his office, and
deliver the same to his successor, except as hereinafter pro
vided. * * ♦
Sec. 2470. The duties of said commissioner shall be to collect,
assort, systematize, and present in biennial reports to the gov
ernor statistical details relating to all departments of labor in
the State, especially in its relations to the commercial, social,
educational, and sanitary conditions of the laboring classes, the
means of escape from, and the protection of life and health in
factories, the employment of children, the number of hours of
labor exacted from them and from women, and to the permanent
prosperity of the mechanical, manufacturing, and productive in
dustries of the State; and he shall, as fully as practicable, collect
such information and reliable reports from each county in the
State, the amount and condition of the mechanical and manufac
turing interests, the value and location of the various manufac
turing and coal productions of the State, * * * and in said
biennial report he shall give a statement of the business o f the
bureau since the last regular report, and shall compile and pub
lish therein such information as may be considered of value to
the industrial interests of the State, the number of laborers and
mechanics employed, the number of apprentices in each trade,
with the nativity of such laborers, mechanics’ and apprentices’
wages earned, the savings from the same, with age and sex of
laborers employed, the number and character of accidents, the
sanitary condition of institutions where labor is employed, the
restrictions, if any, which are put upon apprentices when in
dentured, the proportion of married laborers and mechanics who
live in rented houses, with the average annual rental, and the
value of property owned by laborers and mechanics; and he
shall include in such report what progress has been made with
schools now in operation for the instruction of students in the
mechanic arts, and what systems have been found most practical,
with details thereof. Such report shall not contain more than
six hundred printed pages, and shall be of the number, and dis
tributed in the manner, provided by law. He shall make a re
port to the governor during the year 1906, and biennially there
after. * * *
Said commissioner may from time to time, with the consent
of the executive council, issue bulletins containing information of
importance to the industries of the State and to the safety of
wage earners.
42
TEXT OF LAWS— IOWA.
43
S e c . 2471. The commissioner of the bureau of labor statistics witnesses,
shall have the power to issue subpoenas, administer oaths, and
take testimony in all matters relating to the duties herein re
quired by said bureau, said testimony to be taken in some suit
able place in the vicinity to which testimony is applicable. Wit
nesses subpoenaed and testifying before the commissioner of the
bureau shall be paid the same fees as witnesses before a justice’s
court, such payment to be made out of the general funds of the
State on voucher by the commissioner, but such expense for wit
nesses shall not exceed one hundred dollars annually. Any per
son duly subpoenaed under the provisions of this section, who shall
willfully neglect or refuse to attend or testify at the time and
place named in the subpoena, shall be deemed guilty of a misde
meanor, and, upon conviction thereof before any court of com
petent jurisdiction, shall be punished by a fine not exceeding fifty
dollars and costs of prosecution, or by imprisonment in the county
jail not exceeding thirty days: Provided, however, That no wit
ness shall be compelled to go outside the county in which he re
sides to testify.
S e c . 2 4 7 2 . The commissioner of the bureau of labor statistics May enter premshall have the power to enter any factory or mill, workshop, ises.
mine, store, business house, public or private work, when the same
is open or in operation, for the purpose of gathering facts and
statistics such as are contemplated by this chapter, and to ex- inspection,
amine into the methods of protection from danger to employees,
and the sanitary conditions in and around such buildings and
places, and make a record thereof. If the commissioner shall
learn of any violation of, or neglect to comply with the law in
respect to the employment of children, or in respect to fire escapes, or the safety of employees, or for the preservation of
health, he shall give written notice to the owner or person in
charge of such factory or building, of such offense or neglect,
and if the same is not remedied within sixty days after service of
such notice, such officer shall give the county attorney of the
county in which such factory or building is situated, written Notice,
notice of the facts, whereupon that officer shall immediately in
stitute the proper proceedings against the person guilty of such
offense or neglect. And any owner or occupant of such factory
or mill, workshop, mine, store, business house, public or private
work, or any agent or employee of such owner or occupant, who
shall refuse to allow any officer or employee of said bureau to so Hindering) ementer, or who shall hinder him, or in any way deter him f rom ploye€Sof bureau*
collecting information, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof before any court of competent juris
diction, shall be punished by a fine of not exceeding one hundred
dollars and costs of prosecution, or by imprisonment in the county
jail not exceeding thirty days.
S e c . 2 4 7 3 . The expressions “ factory,” “ mill,” “ workshop,”
Definition.
44mine,” “ store,” “ business house,” and “ public or private work,”
as used in this chapter, shall be construed to mean any factory,
mill, workshop, mine, store, business house, public or private
work, where wage earners are employed for a certain stipulated
compensation.
S e c . 2 4 7 4 . It shall be the duty of every owner, operator, or
Reports to bumanager of every factory, mill, workshop, mine, store, business reauhouse, public or private work, or any other establishment where
labor is employed, as herein provided, to make to the bureau,
upon blanks furnished by said bureau, such reports and returns
as said bureau may require for the purpose of compiling such labor
statistics as are contemplated in this chapter; and the owner,
operator or business manager shall make such reports or returns
within sixty days from the receipt of blanks furnished by the
commissioner, and shall certify under oath to the correctness of
the same. Any owner, operator or manager o f such factory, mill,
workshop, mine, store, business house, public or private work, as
herein stated, who shall neglect or refuse within thirty days after violation*,
the receipt of notice given by said commissioner to furnish to the
44
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
commissioner of labor such reports or returns as may be required
by the commissioner in order to enable him to fully comply
with the duties enjoined upon him by section twenty-four hundred
and seventy (2470), supplement to the code, 1907, and amend
ments thereto and supplementary thereof, shall be deemed guilty
o f a misdemeanor, and, upon conviction thereof, shall be punished
by a fine not exceeding one hundred dollars and cost of prosecu
tion, or imprisoned in the county jail not exceeding thirty days.
In fo rm atio n
confidential.
Reports to be
preserved.
•Se c . 2475. In the reports of the commissioner no use shall be
made of names of individuals, firms or corporations supplying the
information called for by sections twenty-four hundred and
seventy and twenty-four hundred and seventy-one of this chapter,
such information being deemed confidential and not for the pur
pose of disclosing personal affairs; and any officer or employee of
the bureau of labor statistics violating this provision shall be
deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be fined in a sum not exceeding five hundred dollars and
costs of prosecution, or by imprisonment in the county jail not ex
ceeding one year.
Sec. 2476. No report or return made to said bureau in ac
cordance with the provisions of this chapter, and no schedule,
record or document gathered or returned by its officers or em
ployees, shall be destroyed within two years of the collection or
receipt thereof. A t the expiration of two years all records, sched
ules or papers accumulating in said bureau during said period
that may be considered of no value by the commissioner may be
destroyed, provided the authority of the executive council be first
obtained for such destruction.
Woman factory
Sec . 2477 (as amended by chapter 209, Acts o f 1921). One
inspector.
of the factory inspectors in the bureau of labor statistics shall
Expenses.
be a woman, who shall, in addition to the general duties required
of her, under the direction of the commissioner of the bureau of
labor statistics, inspect the sanitary and general conditions under
which the women and children are at work in all factories, work
shops, hotels, restaurants, stores, and any other places where
women and children are employed; collect statistics and make
recommendations and report the same to the commissioner of
labor, who shall make special reference thereto in his biennial
report to the governor, and said woman factory inspector shall
render any other or additional service under the direction of the
labor commissioner as will tend to promote the health and general
welfare of the women and children employees of this State. The
appointment by the commissioner of all factory inspectors shall
be subject to the approval of the executive council. Said com
missioner shall be allowed the necessary postage, stationery, and
office expenses. The said salaries and expenses shall be paid as
the salaries and expenses of other State officers are provided for.
The commissioner or any officer or employee o f the bureau of
l^bor statistics shall be allowed in addition to his salary his
actual and necessary traveling expenses while in the performance
erf his duties, said expenses to be audited by the executive council
and paid out of the general fund of the State upon a voucher
verified by the commissioner or his deputy; but the total amount
o f the expenses for the officers and employees of said bureau other
than the salaries shall not exceed four thousand dollars ($4,000)
per annum.
[The bureau cooperates with the Federal Government in main
taining a free employment service. The organization comprises
the commissioner, a deputy commissioner, three factory inspectors,
and a statistician. The clerk is the official cooperating in the
employment service.]
KANSAS.
GE N E RA L STATUTE S— 1915.
Department of labor and industry.
S e c t io n 10414. A department o f labor and industry is hereby
Departm«nt
created, to be under the control o f a commissioner o f labor and seated,
industry, * * *.
S e c . 10416. The commissioner o f labor and industry shall be
Duties of comex officio State factory inspector, State mine inspector, and missioner.
director o f the free employment bureaus, and is hereby given fu ll
jurisdiction over and control o f factory, workshop and mill in
spection, mine inspection, and the free employment bureau, and
all the duties now imposed by existing laws upon the commis
sioner o f the bureau o f labor and industry and State factory in
spector, State mine inspector and director o f the free employ
ment bureau shall, from and after taking effect o f this act,
devolve upon the commissioner o f labor and industry appointed
as herein provided.
S e c . 10418. The commissioner o f labor and industry shall Woman inspecappoint as one o f the deputy State factory inspectors a woman tor.
who, under the direction o f the commissioner o f labor and in
dustry, shall have charge o f the enforcement o f all law s relating
to the health, sanitary conditions, surroundings, hours o f labor,
and all other laws affecting the employment o f fem ale wage earn
ers. Such woman shall be a qualified elector o f this State, shall
have had at least tw o years’ actual experience along the line o f
her labors as prescribed by this act and who shall have been a
resident o f the State o f Kansas fo r at least two years immediately
preceding such appointment.
S e c . 1 0 4 2 0 . A ll appointees made by the commissioner o f labor Appointees,
and industry shall be under his direction and control, and shall
hold their office during his pleasure.
S e c . 10421. The commissioner o f labor and industry, assistant Bonds,
commissioner, deputy factory inspectors, and deputy mine inspec
tors shall give bond fo r the faithful perform ance o f their duties
in such sum as the executive council shall determine.
S e c . 10423. It Shall be the duty o f the commissioner to collect,
scope «f re
assort, arrange, and present in annual reports to the governor, to ports,
be by him biennially transmitted to the legislature, statistical de
tails relating to all departments o f labor and industrial pursuits
in the State; to the subjects o f cooperation, strikes, and other
labor difficulties; to trade-unions and other labor organizations
and their effect upon labor and ca p ita l; to other matters relating
to the commercial, industrial, social, educational, moral, and
sanitary conditions prevailing within the S ta te; and the exploita
tion o f such other subjects as w ill tend to promote the permanent
prosperity o f the respective industries o f the State. It shall also
be the duty o f the commissioner o f the bureau to cause to be
enforced all laws regulating the employment o f children, minors,
and w om en; all laws established fo r the protection o f health,
lives, and limbs o f operators in workshops and factories, on rail
roads, and other places; and all laws enacted fo r the protection
o f the working classes now in force or that may hereafter be
enacted. In its annual report the bureau shall also give an ac
count o f all proceedings which have been taken in accordance
w ith the provisions o f this act, or any o f the other laws herein
referred to, and in addition thereto such remarks, suggestions,
and recommendations as the commissioner may deem necessary
fo r the inform ation o f the legislature.
S e c . 10424. The commissioner is hereby authorized to furnish Question blanks,
and deliver a written or printed list o f interrogatories to any
49735°—23----- 1
45
46
LAW S PROVIDING FOR BUREAUS OF LABOR, ETC.
person, company, or the proper officer o f any corporation operat
ing within the State, and require fu ll and complete answers to be
made thereto, and returned under oath. The commissioner shall
geai#
have a seal, and have power to take and preserve testimony, to
issue subpoenas and administer oaths, and exam ine witnesses
under oath in all matters relating to the duties herein required by
said bureau, such testimony to be taken in some suitable place in
Witnesses.
the vicinity to which the testimony is applicable. W itnesses sub
poenaed and testifying before the comm issioner o f said bureau
shall be paid the same fees as witnesses before the district c o u r t;
such payment to be made from the incidental fund o f the bureau.
A ny person duly .subpoenaed under the provisions o f this act who
shall w illfu lly neglect or refuse to attend, or refuse to answer any
question propounded to him concerning the subject o f such exam i
nation as provided in this act, or if any person to whom a written
or printed list o f interrogatories has been furnished by said com
missioner shall neglect or refuse to answer and return the same
under oath, such person or persons shall be deemed guilty o f a
misdemeanor, and upon complaint o f the commissioner before a
court o f competent jurisdiction, and upon conviction thereof, such
person or persons shall be fined in a sum not less than twentyfive dollars nor more than one hundred dollars, or by imprisonment
in the county ja il not exceeding ninety days, or by both such fine
and im prisonment: Provided, however, That no witness shall be
compelled to go outside o f the county in which he resides to tes
tify. In the report o f said bureau no use shall be made o f the
names o f individuals, firms, or corporations supplying the inform a
tion called fo r by this act, unless by written permission, such
inform ation being deemed confidential and not fo r the purpose o f
disclosing personal affairs; and any officer, agent, or employee
o f the bureau violating this provision shall forfeit a sum not ex
ceeding five hundred dollars, or be imprisoned not m ore than one
year.
Sec. 10425 (as amended by chapter 228, Acts o f 1917). The com
missioner o f labor and industry as State factory inspector, his
Entering work deputies, assistants, and special agents, shall have power to enter
places.
any factory or mill, workshop, private works, or State institution
having shops or factories, mercantile establishment, laundry, or
any other place o f business where and when labor is being per
form ed, when the same are open or in operation, fo r the purpose
o f gathering facts and statistics such as are contemplated by
this act, and to examine into the methods o f protection from
danger to employees and the sanitary conditions in and around
such buildings and places and to keep a record thereof o f such
inspection. * * *
Duty of officers.
S e c . 10427. A ll State, county, township, and city officers are
hereby directed to furnish said commissioner, upon his request,
such statistical or other inform ation contemplated b y this act
as shall be in their possession as such officers.
Annual reports.
g EC# 10428. The annual reports o f the bureau o f labor and
industry provided fo r in this act shall be printed in the same
manner and under the same regulations as the report o f the
executive officers o f the S tate: Provided, Not less than three
thousand nor m ore than ten thousand copies o f the report shall
be printed and distributed annually, as the judgm ent o f the
comm issioner may deem b est: And provided further, T hat said
report shall not contain m ore than six hundred pages. The
blanks and other stationery required in accordance with the
provisions o f this act shall be furnished by the secretary o f state
upon the requisition o f the commissioner o f said bureau, and
paid fo r from the printing fund o f the State.
Same.
Sec. 10430. The commissioner o f labor is hereby authorized and
required to publish annually a report o f his department, and
said report shall contain the inform ation and matter required by
law fo r the fu ll period since his last report.
TEXT OF LAWS— KANSAS.
47
ACTS OF 1921.
C h a pter
2 6 2 .— Court of industrial relations—Duties
of com
missioner of labor and industry.
S e c t io n 1 . The jurisdiction conferred by law upon the comju ris d ic tio n
misgioner o f labor and industry o f the State o f Kansas is hereby transferred,
conferred upon the court o f industrial relations* and said office
o f commissioner o f labor and industry is hereby abolished.
office abolished.
S e c . 2 . A ll the laws relating to the powers, authority, jurisdic
tion and duties o f the commissioner o f labor and industry o f Duties devolve
this State are hereby adopted, and all the duties now imposed on court
by existing laws upon the commissioner o f labor and industry
and State factory inspector, State mine inspector, and director
o f the free employment bureau shall from and after the taking
effect o f this act devolve upon the court o f industrial relations.
S e c . 3 . The court o f industrial relations may employ such Employees,
deputy factory inspectors, deputy mine inspectors, and clerical
force o f said department o f labor and industry as are necessary in
carrying out the provisions o f this a c t
Approved February 28, 1921.
C h a p t e r 26 3 .— Court of industrial relations—Employment of
women.
S e c t io n 1. The jurisdiction conferred by law upon the Indus- co m m issio n
trial w elfare commission o f the State o f Kansas is hereby con- abolished,
ferred upon the court o f industrial relations, and said industrial
w elfare commission and all boards organized thereunder are
hereby abolished: Provided, That all orders and rules hereto
fore made by the industrial w elfare commission and now in
force shall continue in force until the same may be changed or
repealed by the court o f industrial relations.
S e c . 2. A ll laws relating to the powers, authority, jurisdiction,
J u ris d ic tio n
and duties o f the industrial w elfare commission o f this State are transferred,
hereby adopted except as amended and repealed in this a ct; and
all the duties imposed upon the industrial w elfare commission or
any board thereof shall from and after the taking effect o f this act
devolve upon the court o f industrial relations.
Approved March 8, 1921.
[The appointments provided fo r under the foregoing laws,
excluding the three judges o f the court o f industrial relations
and the reporter, a re : One ch ief clerk, two stenographer-clerks
and one statistical clerk ; tw o factory inspectors ( m e n ) ; six
superintendents o f free employment offices, and tw o assistant
superintendents; one mine inspector, five deputy inspectors, three
superintendents o f mine rescue stations, one clerk, and one
stenographer, mine inspection departm ent; one director o f
women’s work, one woman inspector, and one stenographer.]
KENTUCKY.
STATU TES— 1915.
/
Bureau of agriculture, labor, and statistics.
S ection 31. A bureau o f agriculture, labor, and statistics is
Bureau estate
lished.
established, and shall be under the management o f an officer,
who shall be known as the commissioner o f agriculture, labor,
and statistics. In one thousand eight hundred and ninety-two
there shall be appointed by the governor, by and with the advice
and consent o f the senate, a commissioner, who shall hold his
office until the first Monday in January, one thousand eight
hundred and ninety-six, and until his successor has qualified,
unless sooner removed by the governor, who shall also have power
to fill a vacancy in the office occurring from any cause. A t the
general election held in November, one thousand eight hundred
and ninety-five, and every fou r years thereafter, there shall be
elected a commissioner, who shall enter upon the discharge o f
his duties on the first Monday in January after his election, and
hold his office fo r fou r years, and until his successor is elected
and qualified.
Sec. 32. The commissioner shall keep his office at the seat o f
Duties of com
missioned
government, and devote his entire time and attention to the duties
o f his office. B efore entering upon his duties he shall take the
oath o f office and execute bond to the Commonwealth, with good
sureties, worth at the time, jointly or severally, twenty-five thou
sand dollars, to be approved by the governor, for the faith fu l dis
charge o f the duties o f his office; and shall receive an annual
salary o f twenty-five hundred dollars, payable at the same time
the salary o f the governor is paid.
Sec. 33. The efforts of the bureau shall be directed to the pro
Purpose of bu
ream
motion of agriculture, horticulture, manufactures, and to matters
relating to labor and statistics; and the commissioner shall pro
mote and encourage, as far as practicable, the organization of
agricultural and horticultural societies and other associations in
the several counties, and ascertain the agricultural, horticultural,
mechanical, commercial, and educational condition of every county,
giving, in detail, the quantity and quality of land under cultiva
tion ; the kinds, amounts, and value of the annual field crops; the
annual production of orchards, gardens, dairies, and m ines; the
quantity and value of domestic manufactures; the kinds, value,
and increase of live stock; the annual products of mechanical in
dustry and sk ill; the character of labor employed in mines, facto
ries, and the cultivation of the soil, and the prices paid therefor;
the value of exports and imports; the number of miles of rail
roads, turnpikes, navigable streams, and post offices, and names of
same, in each county; how and by whom turnpikes and other pub
lic roads are operated and kept in repair; the name, location, and
population of cities, towns, and villages; the number and value of
schoolhouses and churches; the names, capital, and purposes of
charitable institutions, together with such other vital, social,
physical, and political statistics as he may deem proper and
expedient
Sec. 33A. 1. In the bureau o f agriculture, labor, and statistics
Labor inspec
there shall be appointed by the commissioner, with the approval
tors.
o f the governor, tw o labor inspectors and tw o assistant labor in
spectors. One o f said inspectors and one assistant inspector
shall be men having practical knowledge o f factories, machine, or
workshops, and the other inspector and assistant inspector shall
be women, and said inspectors and assistants shall be under
the supervision o f the commissioner.
48
TEXT OF LAWS— KENTUCKY,
49
2. It shall be the duty o f the male labor inspectors to visit and Dutie«*
inspect the various factories, machine and workshops in this S tate;
and it shall be the duty o f the fem ale labor inspectors to visit
and inspect the various factories, laundries, workshops, stores, or
mercantile, manufacturing, or mechanical establishments or hotels,
restaurants, telephone exchanges, or telegraph offices in which
women are employed. It shall be the duty o f all such inspectors,
under the direction o f the commissioner, to report to the Common
wealth’s attorney and county attorney any violation occurring in
said county o f any law or laws enacted fo r the protection o f
women, children, and other persons employed in such county.
3. It shall be the duty o f every owner, manager, and agent o f inspectors to
any factory, machine or workshop where male laborers are em- be admitted,
ployed, and o f any factory, workshop, laundry, store, or mercan
tile, manufacturing, or mechanical establishment, or hotel, restau
rant, telephone exchange, or telegraph office where women are
employed, to admit the labor inspector during reasonable hours
and while the same is open, fo r the purpose o f making an inspec
tion o f same, and any person who shall refuse to admit such
inspectors in violation o f the provisions o f this section shall be
fined not to exceed one hundred ($100) dollars, or to be im
prisoned in ja il not more than six months, or both so fined and
imprisoned in the discretion o f the jury.
4. It shall further be the duty o f the labor inspectors to collect statistics,
statistics concerning labor wherever and however employed in this
State and report the same to the commissioner at such times as
he may direct, and it shall be the duty o f the owner, officers,
manager, or agent o f any factory, machine or workshop where
male laborers are employed, and o f any factory, workshop, laun
dry, store, or mercantile, manufacturing, or mechanical estab
lishment, or hotel, restaurant, telephone exchange, or telegraph
office where fem ales are employed, to furnish upon demand o f
the labor inspector statistical inform ation concerning the number
and sex o f persons employed, the exact amount o f compensation
paid to each o f such laborers, or women, the amount and kind o f
labor or work perform ed by each o f said men and women so em
ployed, and such other reasonable inform ation as may be required
by the com m issioner: Provided, That no person shall be required
to furnish the labor inspectors inform ation touching matters not
contemplated in the provisions o f this a ct: And provided further,
That no labor inspector fo r the purpose o f gathering statistics
shall interfere or detain from work any laborer, or any woman
employee while on duty during working hours.
5. The commissioner shall make a separate report biennially to Report on la
the legislature on or before the second Monday in January, on the bor*
subject o f labor, and include such recommendations as may be
deemed proper, together with an account o f the work done by the
labor inspectors, and the expenses incurred by them. The num
ber o f copies o f such reports shall not be less than one thousand
nor more than three thousand, in the discretion o f the commis
sioner.
7. Neither the labor inspectors nor assistant labor inspectors Not to intershall take any part, interfere or become involved in any strik e fere with strikesor similar labor difficulty other than the perform ance o f his or
her duty as prescribed by law, upon penalty o f forfeiting his or
her office.
8. The labor inspectors and assistant labor inspectors shall re- Salaries,
ceive annual salaries o f twelve hundred dollars and one thousand
dollars, respectively, and their actual necessary traveling expenses
while in the perform ance o f their duties to be paid out o f the
fund appropriated fo r the bureau. Said labor inspectors shall
make reports o f expenses as directed by the commissioner, who
shall approve the same when proper and certify same fo r payment
as other expenses o f said bureau are now allowed and paid.
9. Nothing in this act shall be construed to conflict with the Act construed,
powers and duties o f the State mine inspectors as now prescribed
50
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
In fo r m a tio n
to be furnished.
Reports.
Clerk.
by law. The words factory, machine and workshop, shall not be
construed to mean a newspaper or printing office.
Sec. 34. The auditor o f public accounts, assessors o f the several
counties, and all other officers o f the State and counties, shall fu r
nish the commissioner with such inform ation within their power
as he may require in regard to the matters connected with the
bureau; and as a further means o f procuring inform ation, the
commissioner shall put himself in communication with the differ
ent agricultural, horticultural, and labor societies, m anufacturing
and mining companies, and such other organizations or persons
in or out o f the State, as he may deem proper.
Sec. 36 (as amended by chapter 95, Acts o f 1916). He shall
before the assembling o f each regular session o f the general as
sembly compile a report giving a general review o f the agricul
tural, horticultural, mineral, and industrial resources o f the
State with brief notices o f each county, the character o f labor
generally employed in mines, factories, and the cultivation o f the
soil and the; price paid therefor, and such other inform ation as he
is required to ga th er; he shall have a sufficient number, not ex
ceeding five thousand, printed fo r the use o f the general assembly
and for general distribution. * * *
Sec. 41. The commissioner is allowed a clerk or clerks, to be
selected by himself, the salary of whom shall not exceed, in the
aggregate, twelve hundred dollars per annum.
Appropriation.
Sec. 42. The sum o f thirteen thousand dollars is hereby an
nually appropriated, out o f any funds in the hands o f the treas
urer not otherwise appropriated, for the support and maintenance
o f this bureau. Said amount shall cover all expenses o f every
kind growing out of this act, including comm issioner’s salary
and clerk’s pay, and all expenses connected with and growing
out o f this department o f the State government.
[The organization o f the bureau, so fa r as it concerns labor,
comprises the commissioner, a statistician, im migration clerk,
labor inspector and assistant (m a le), and a labor inspector and
assistant (fe m a le ).]
LOUISIANA.
ACTS OF 1908.
No. 155.—Bureau of labor and statistics.
S e c t i o n 1 (as amended by No. 1 8 6 , Acts of 1 9 1 4 ) . The g o v C om m issioner
ernor shall, by and with the advice and consent of the senate, to be aPP°inted.
appoint some suitable person who shall be designated comissioner
of labor and said commissioner of labor shall appoint with the ap
proval of the governor two suitable persons who shall be desig
nated assistant commissioners of labor, said assistant commis- Assistant com
sioners shall be residents of different sections of the State from missioners.
each other and from the commissioner of labor. The head
quarters 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 commissioner of labor.
Sec. 2 (as amended by No. 1 8 6 , Acts of 1 9 1 4 ) . The duties of Duties,
said commissioner and said assistant commissioners shall be to
visit and inspect manufacturing establishments, workshops, mills,
mercantile establishments, factories and other places where in
dustrial work is being done for the purpose of enforcing the
laws regulating or dealing with the conditions of employment of
labor of any kind, 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
governor to be by him biennially transmitted to the General As
sembly, 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, educa
tional and sanitary conditions of the laboring people and to the
permanent prosperity of the productive industries of the State.
It shall also be the duty of said commissioner and assistant com
missioners and they shall have authority to inquire into the causes
of strikes, lockouts, or other disturbances of the relation of em
ployers and employees and to report to the governor at as early
a date as possible thereafter the result of such inquiry.
Sec. 3 (as amended by No. 186, Acts of 1914). The commis- Powers,
sioner and his assistant commissioners shall have power to take and
preserve evidence, examine witnesses under oath and administer
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 appoint a factory inspector who may be either male or . Factory inspecfemale. The commissioner and each assistant commissioner tor‘
shall have power to investigate all cases where violations of the
laws pertaining to the conditions of employment of labor is
complained o f; and it is hereby made the duty of said commis
sioner and assistant commissioners to order the criminal prose
cution in any competent court of any person, firm, association
or corporation, acting in violation of any laws of this State, regu
lating the conditions of the employment of labor.
Sec. 4. All State, parochial, municipal and town officers are Duty of offi
hereby directed to furnish said commissioner, upon his request, cers*
all statistical information in reference to labor and industries,
which may be in their possession as such officers.
51
52
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Hindering com
missioner.
Salaries.
Expenses.
Sec. 5 (as amended by No. 186, Acts of 1914). Any person who
shall willfully impede or prevent the commissioner or assistant
commissioners in the full and free performance of his or their
duties shall be deemed guilty of a misdemeanor and upon con
viction of the same shall be fined not less than ten ($10) dollars,
nor more than fifty ($50) dollars or be imprisoned not less than
five (5) days or more than twenty-five (25) days in the parish
jail, or both, at the discretion of the court.
Sec. 6 (as amended by No. 144, Acts of 1920). The commis
sioner shall receive a salary of three thousand ($8,000) dollars
per annum, and each assistant commissioner a salary of eighteen
hundred ($1,800) dollars per annum. The commissioner shall
employ a secretary who shall receive a salary of twelve hundred
($1,200) dollars per annum. The commissioner and assistant
commissioners shall be allowed not to exceed six hundred ($600)
dollars per annum for office maintenance and not to exceed
twenty-five hundred ($2,500) dollars per annum for traveling and
all other necessary expenses incurred in the performance of their
duties. All salaries and expenses shall be payable monthly out
of the general fund upon the warrant of the commissioner.
[The organization of the bureau consists of the commissioner,
two assistant commissioners and a secretary.]
MAINE.
REVISED STATUTES—1916.
C h a p t e r 4 9 . —Department
of labor and industry.
S e c t i o n 9 (as amended by chapter 231, Acts of 1919). A State
Department
department of labor and industry shall be maintained under the continueddirection of an officer whose title shall be commissioner of labor Commissioner,
and industry and State factory inspector. He shall be appointed
by the governor, with the advice and consent of the council, for
a term of three years, and shall hold office until his successor is
appointed and qualified. He shall have an office in the State
capitol. He shall appoint a deputy who shall be clerk of the
department, and deputy State factory inspector, and shall hold
office during the pleasure of the commissioner; he shall also ap
point a stenographer for the department and a woman factory
inspector, and may employ special agents and such other assist
ants as may be required for the work of the department. The
special agents and other assistants shall work under the super
vision and direction of the commissioner and shall be paid for '
their services such compensation as he may deem proper, not
exceeding five dollars a day and necessary traveling expenses.
All expenses of the department shall be audited by the State
auditor and shall be payable upon proper vouchers certified by
the commissioner.
S e c . 10. The department shall collect, assort, and arrange staDuties,
tistical details relating to all departments of labor and industrial
pursuits in the State; to trade-unions and other labor organiza
tions and their effect upon labor and capital; to the number and
character of industrial accidents and their effect upon the injured,
their dependent relatives, and upon the general public; to other
matters relating to the commercial, industrial, social, educational,
moral, and sanitary conditions prevailing within the State, includ
ing the names of firms, companies, or corporations, where located,
the kind of goods produced or manufactured, the time operated
each year, the number of employees, classified according to age
and sex, and the daily and average wTages paid each employee,
and the exploitation of such other subjects as will tend to pro
mote the permanent prosperity of the industries of the State.
The commissioner of labor and industry shall cause to be enforced
all laws regulating the employment of minors and women; all
laws established for the protection of health, lives, and limbs of
operators in workshops and factories, on railroads, and in other
places; all laws regulating the payment of wages, and all laws
enacted for the protection of the working classes. He shall, on
or before the first day of January, biennially, report to the gov
ernor, and may make such suggestions and recommendations as
he may deem necessary for the information of the legislature.
He may from time to time cause to be printed and distributed
bulletins upon any subject that shall be of public interest and
benefit to the State.
S e c . 11. The commissioner may furnish a written or printed bl
estion
list of interrogatories for the purpose of gathering such facts and Da
statistics as are contemplated herein, to any person or the proper
officer of any corporation operating within the State, and may
require full and complete answers thereto under oath ; the com-
53
54
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Seal
Witnesses.
missioner shall have a seal, and may take and preserve testi
mony, issue subpoenas, administer oaths, and examine witnesses
under oath in all matters relating to the duties herein required
o f said department of labor and industry; such testimony shall
be taken in some suitable place in the vicinity to which the testi
mony is applicable. Witnesses summoned and testifying before
the commissioner shall be paid, from any funds at the disposal
o f the department, the same fees as witnesses before the supreme
judicial court. Whoever, being duly summoned under the provi
sions of this section, shall willfully neglect or refuse to attend,
or refuse to answer any question propounded to him concerning
the subject of such examination as provided in this section, or
whoever, being furnished by the commissioner with a written or
printed list of interrogatories, shall neglect or refuse to answer
and return the same under oath, shall be punished by a fine o f
not less than twenty-five nor more than one hundred dollars, or
by imprisonment in the county jail not exceeding thirty days,
or by both such fine and imprisonment: Provided, however, That
no witness shall be compelled to go outside of the county in which
he resides to testify. In the report of said department no use
shall be made of the names of individuals, firms, or corporations
supplying the information called for by this section unless by
written permission, such information being confidential and not
for the purpose of disclosing personal affairs.
Entering work
Sec. 12. The commissioner, as State factory inspector, and any
places.
authorized agent of the department of labor and industry, may
enter any factory or mill, workshop, private works, or State in
stitutions which have shops or factories when the same are open
or in operation, for the purpose of gathering facts and statistics
such as are contemplated by this section and the two preceding
sections, and may examine into the methods of protection from
danger to employees and the sanitary conditions in and around
speh buildings and places, and may make a record of such in
spection. * * *
Duty of offi
Sec. 14. All State, county, city, and town officers are hereby
cers.
directed to furnish the commissioner of labor and industry, upon
his request, such statistical or other information contemplated
by sections ten, eleven, and twelve as shall be in their possession
tus such officers.
[The personnel of the department consists of the commissioner
of labor, a deputy commissioner, a woman factory inspector, and
special agent who is also a factory inspector.]
a
MARYLAND,
ACTS OF 1922.
C hapter 29, Part II, A rticle X Y .— Commissioner of labor and
statistics.
Appointm ent,
Section 2. * * ♦ 1. The office o f commissioner o f labor and
etc., of commis
statistics is hereby created. The term o f office o f said commis sioner.
sioner shall be tw o years, and until his successor shall be appoint
ed and shall have qualified, said term beginning on the first Mon
day o f May succeeding his appointment, except that the commis
sioner first appointed under this act shall be appointed on the
taking effect o f this act and hold office until the first Monday
o f May, 1924, and until his successor shall qualify. Any vacancy
shall be filled by the governor fo r the unexpired term. The gov
ernor may at any time remove the commissioner from office fo r
inefficiency, neglect o f duty, or malfeasance in office. The salary
o f the commissioner shall be $3,000 per annum. The said com
missioner shall be allowed fo r actual and necessary expenses in
curred in the discharge o f his duties.
The commissioner o f labor and statistics is authorized and em Staff.
powered to appoint and employ such deputies, inspectors, assist
ants, and employees o f every kind as may be necessary fo r the
perform ance o f the duties now or hereafter imposed upon him by
this or any other la w : Provided, however , That such appointments
and employments, and the compensation to be allowed therefor,
shall in each and every case be subject to the approval o f the
governor.
T r a n s f e r of
Sec. 3. On the taking effect of this act, all the rights, powers,
duties, obligations, and functions o f the State board o f labor and powers.
statistics, under any provisions o f law, including all the powers
and duties transferred to and imposed and devolved upon said
board by the acts o f 1916, chapter 406, shall be transferred to and
thereafter be exercised and perform ed by the said commissioner
of labor and statistics, who shall be the law ful successor o f the
said State board of labor and statistics to the same extent as i f
the said commissioner had been named in said provisions o f law
as the official upon whom the said rights, powers, duties, obliga
tions, and functions were conferred.
[Chapter 406, A cts o f 1916, referred to above, amends the anno
tated code as fo llo w s :]
ANNO TATED CODE.
A r t ic l e 89.—State board of labor and statistics.
S e c t io n 2 (as amended by chapter 406, Acts o f 1916). It shall
be the duty o f the said State board o f labor and statistics:
1st. To collect statistics concerning and examine into the con
dition o f labor in this State, with especial reference to wages, and
the causes o f strikes and disagreements between employers and
employees.
2d. T o collect inform ation in regard to the agricultural condi
tions and products o f the several counties o f the State, the acre
age under cultivation and planted to the various crops, the char
acter and price o f lands, the live stock, et cetera, and all other
matters pertaining to agricultural pursuits, which may be o f
general interest and calculated to attract immigration to the State.
Duties.
55
56
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
3d. T o collect inform ation in regard to the mineral products
o f the State, the output o f mines, quarries, and so forth, and
the m anufacturing industries.
4th. T o collect inform ation in regard to railroads and other
transportation companies, shipping, and commerce.
5th. To keep a bureau o f general inform ation, and to this
end all officers and institutions o f this State, including officers
o f the General Assembly, are directed to transmit to the State
board o f labor and statistics all reports, as soon as published.
6th. T o classify and arrange the inform ation and data so
obtained, and as soon as practicable after entering upon the
duties o f its office, publish the same in substantial book form
and annually thereafter revise and republish the same.
Appropriations,
Sec. 14 (as amended by chapter 406, Acts o f 1916). The sum
o f thirty-five thousand dollars ($35,000) annually fo r the fiscal
years ending September 30, 1917, and September 30, 1918, re
spectively, or so much thereof as may be necessary annually fo r
the maintenance o f the State board o f labor and statistics,
and the perform ance o f the duties placed upon it by existing
law or laws, or by any law or law s passed at the present session
o f the General Assembly o f Maryland, and by all laws hereafter to
be passed and the payment o f the salaries and expenses o f said
board and its officers, deputies, assistants, inspectors and em
ployees, is hereby appropriated, and shall be payable on the
order or orders o f the said board from time to time, as in
law provided; and the comptroller shall draw his warrant upon
the treasurer o f Maryland, as in law provided, fo r the said ap
propriation.
V iolations.
S eC. 15 (added by chapter 406, A cts o f 1916). A ll violations
o f any o f the provisions o f any o f the laws the enforcem ent o f
which is by this act transferred to the State board o f labor
and statistics, which may be comm itted before this act takes
effect, shall be prosecuted and punished as if this act had not
been passed.
A ll violations o f any o f the provisions o f such laws which may
be committed after this act takes effect, shall be prosecuted and
punished in accordance with the terms th e re o f; and whenever
such law s confer any rights or privileges o f any kind upon any
o f the boards, commissions, bureaus, inspectors, or officials whose
powers and duties are by this act transferred to the State board
o f labor and statistics, and whenever such laws impose any duties
or obligations o f any kind upon any corporations, firms, or indi
viduals with respect to any o f the said boards, commissions,
bureaus, inspectors, or officials, then all violations o f such pro
visions o f such laws shall be prosecuted and punished as i f the
State board o f labor and statistics had been named in such law s
as the body having such rights or privileges or to which such
duties or obligations were owed.
[Other sections o f this act confer upon the board (n ow the
com m ission) the duty o f establishing and m aintaining public
employment offices, o f prom oting the mediation, conciliation, and
arbitration o f labor disputes, o f administering the law s relative
to the employment o f women and children, and o f factory in
spection.]
. [The appropriation act o f 1922 provides fo r the commissioner,
tw o medical examiners and a psychiatrist, ten inspectors, an
assistant officer, tw o boiler inspectors, a m ine inspector, and
seven clerks and stenographers.]
MASSACHUSETTS.
GENERAL LA W S— 1921.
C h a p t e r 23 .—Department of labor and industries.
S e c t io n 1 (as amended by chapter 306, Acts o f 1921). There Department e«shall be a department o f labor and industries, under the super- Wished,
vision and control o f a commissioner o f labor and industries, in
commissioner
this chapter called the commissioner, an assistant commissioner, etc.
*
who shall be a woman, and three associate commissioners, one o f
whom shall be a representative o f labor and one a representative
o f employers o f labor.
S e c . 2 . Upon the expiration o f the term o f office o f a com- Term,
missioner, an assistant commissioner, or an associate commis
sioner, his successor shall be appointed fo r three years by the
governor, with the advice and consent o f the council. The com
missioner shall receive such salary not exceeding seventy-five Salaries,
hundred dollars, and the assistant commissioner and associate
commissioners such salaries, not exceeding four thousand dollars
each, as the governor and council determine.
Sec . 3 (as amended by chapter 306, Acts o f 1921). The com- Duties of com
missioner shall be the executive and administrative head o f the missioner.
department. He shall have charge o f the administration and
enforcement o f all laws, rules, and regulations which it is the
duty o f the department to administer and enforce, and shall
direct all inspections and investigations except as otherwise pro
vided.
He shall organize in the department a division o f
standards and such other divisions as he may from time to time
determine, and m ay assign the officers and employees o f the
department thereto. H e shall prepare fo r the consideration o f
the assistant commissioner and the associate commissioners rules
and regulations fo r the conduct o f the department and all other
rules and regulations which the department is authorized by law
to make, and they shall, except as otherwise provided, take
effect when approved by the associate commissioners and the
assistant commissioner, or upon such date as they determine.
The commissioner may designate the assistant commissioner or an
associate commissioner to discharge the duties o f the commis
sioner during his absence or disability.
S e c . 4 (as amended by chapter 196, Acts o f 1922). The commis- Directors,
sioner, assistant commissioner, and associate commissioners may,
with the approval o f the governor and council, appoint, and fix
the salaries o f not more than five directors, and may, with like
approval, remove them. One o f them, to be known as the director
o f standards, shall have charge o f the division o f standards, and
each o f the others shall be assigned to take charge o f a division.
The commissioner may employ, fo r periods not exceeding ninety
days, such experts as may be necessary to assist the department
in the performance o f any duty imposed upon it by law, and
such employment shall be exempt from chapter thirty-one [re
lating to the civil service]. Except as otherwise provided in sec
tion eleven, the commissioner may employ and remove such in
spectors, investigators, clerks, and other assistants as the w ork
o f the department m ay require, and fix their compensation. Four
inspectors shall be men who, before their employment as such,
have had at least three years’ experience as building construction
workmen. The commissioner may require that certain inspectors
in the department, not more than seven in number, shall be per
sons qualified by training and experience in matters relating to
health and sanitation. * ♦ *
57
58
L A W S PROVIDING FOR BUREAUS OF LABOR, ETC,
To gire whole
Sec. 5 (a s amended by chapter 306, A cts o f 1921). A ll directors,
tim e
inspectors, and other permanent employees o f the department
shall devote their whole time to the affairs o f the departm ent;
and all directors and inspectors and such other employees as m ay
be designated by the commissioner shall, before entering upon
their duties, be sworn to the faith fu l perform ance thereof. The
number o f inspectors heretofore authorized by law m ay be in
creased only w ith the approval o f the governor and council.
The commissioner, assistant commissioner, and associate com
missioners shall determine from tim e to time how many o f the
inspectors employed shall be women.
Assistant com
S e c . 6. In all matters relating specifically to women and m inors
missioner.
the assistant commissioner shall have and exercise such duties
and authority as may be prescribed by the commissioner,. w ith the
approval o f the associate commissioners.
Associate com
S e c . 7. The associate commissioners shall constitute the board
missioners.
o f conciliation and arbitration, and shall have the powers and
perform the duties given them by chapter one hundred and fifty
relative to conciliation and arbitration o f industrial disputes, and
chapter one hundred and fifty-one relative to the minimum wage.
The board shall have assigned to it such assistants from the
officers and employees o f the department as the commissioner and
the board from time to time determine.
C h a p t e r 149.—Duties and powers of department of labor and in
dustries.
S e c t io n 2. The department shall, except as otherwise specifically provided, enforce the provisions o f this chapter and shall
have all necessary powers therefor.
Investigations.
S e c . 5. The department may investigate conditions existing in
any line o f industry, and such investigations may be extended out
side o f the Commonwealth to procure inform ation to prom ote in
dustrial development or to im prove industrial conditions.
It
shall receive all complaints concerning conditions existing in
any industry carried on in the Commonwealth, or concerning
alleged violations o f any laws enforced under its direction, and
shall thereupon make or direct all needful and appropriate in
vestigations and prosecutions.
S e c . 6. It shall investigate from time to time employments and
places o f employment, and determine what suitable safety devices
or other reasonable means or requirements fo r the prevention o f
accidents shall be adopted or follow ed in any or all such em
ployments or places o f em ploym ent; and also shall determine
what suitable devices or other reasonable means or requirements
fo r the prevention o f industrial or occupational diseases shall
be adopted or follow ed in any or all such employments or places
Rules, ete.
o f employment ; and shall make reasonable rules, regulations,
and orders applicable to either employers or employees or both fo r
the prevention o f accidents and the prevention o f industrial or
occupational diseases.
Committees.
S e c . 7 (as amended by chapter 306, A cts o f 1921). The com
missioner, assistant commissioner, and associate comm issioners
o f the department m ay appoint committees, on w hich employers
and employees shall be represented, to make such investigations
and recommend rules and regulations.
H earings.
S e c . 8 (as amended by chapter 306, Acts o f 1921). B efore adopt
ing any rule or regulation under section six, a public hearing shall
be given, and not less than ten days before the hearing a notice
thereof shall be published in at least three newspapers, o f which
one shall be published in Boston. Such rules or regulations shall,
when approved by the associate commissioners and the assistant
commissioner, be published in like manner and, subject to section
thirty-seven o f chapter thirty, shall take effect thirty days after
such publication or at such later time as the associate comm is
sioners and assistant commissioner may fix. B efore adopting
any order a hearing shall be given thereon, o f which a notice o f
Law
enforce-
ent
TEXT OF LAWS— MASSACHUSETTS,
59
not less than ten days shall be given to the persons affected
thereby.
S e c . 9. A ny person affected by an order, rule, o r regulation o f
Appeal*,
the. department may appeal to the associate commissioners within
such time as they by vote may fix, but not less than ten days
after notice o f the order or the taking effect o f the rules or regu
lations. The associate commissioners shall thereupon give a
hearing, and thereafter may amend, suspend, or revoke such
order, rule, or regulation. Pending the hearing the commissioner
may suspend the order, rule, or regulation appealed from . Any
persons aggrieved by an order approved by the associate commis
sioners may appeal to the superior court within fifteen days after
the date o f approval. The superior court may annul the order
if it is found to exceed the authority o f the department, and upon
petition o f the commissioner may enforce all valid orders issued
by the departm ent This section shall not deprive any person o f
any other law ful remedy.
S e c . 14 . The commissioner shall make an annual report, includEeport8,
ing the reports required by sections one hundred and sixty and
one hundred and seventy o f this chapter, section ten o f chapter
one hundred and fifty, section fifteen o f chapter one hundred and
fifty-one, and section fifty-seven o f chapter ninety-eight.
S e c . 16 0 . The department may establish and maintain in such
Em ploym ent
cities as may be selected by it after investigation, w ith the ap- service*
proval o f the governor and council, employment offices fo r the
purpose o f bringing together those seeking employment and those
desiring to employ, and may maintain such offices now established.
The commissioner shall make an annual report as to free employ
ment offices.
S e c . 17 0 . The commissioner shall make an annual report o f the statistical re
acts o f the department relative to statistics. He shall prepare P01*8*
annually fo r distribution as public documents a report on the
statistics o f labor which shall embody statistical and other in
form ation relating especially to labor affairs in the Common
wealth, and a report on the statistics o f manufactures to be
gathered as provided in the follow ing section. The State sec
retary shall print fo r the use o f the department and other pur
poses such numbers o f these reports as the supervisor o f admin
istration may designate. The commissioner may publish, at such
intervals as he deems expedient, bulletins or special reports rela
tive to industrial or economic matters.
[T he organization o f the department comprises a commissioner,
an assistant commissioner, three associate commissioners, and a
director for each division, three in number— industrial safety,
standards and statistics. The total number o f permanent em
ployees o f the department is about 160.]
MICHIGAN.
ACTS OF 1921.
A
Department
created.
Rules.
Staff.
Salaries.
Powers.
ct
N o.
43.—Department of labor and industry.
S e c t i o n 1. There is hereby created a department to be known
and designated as the department of labor and industry of the
State of Michigan, which shall possess the powers and perform
the duties hereby granted and imposed. The administration of
said powers and duties shall be vested in a commission of three
members appointed by the governor with the advice and consent
of the senate. Each member of the commission shall devote his
entire time in the performance of the duties of his office. Each
member of said commission shall qualify by taking and filing the
constitutional oath of office and shall hold office until the appoint
ment and qualification of his successor. Any vacancy shall be
filled in the same manner as appointments are made in the first
instance. The chairman of such commission shall be appointed
by the governor, and shall have general charge of and supervision
over the administrative affairs of such department in so far as
relates to the division and assignment of the work thereof. It
shall be the duty of the board of State auditors to provide suitable
offices at the city of Lansing for the department hereby created.
S e c . 2. The commission may adopt rules and regulations not in
consistent with law for the governing of its own organization and
procedure. It shall also adopt a suitable seal, of which all the
courts shall take judicial notice, and all orders and official pro
ceedings shall be authenticated thereby. The commission shall
have power to appoint such deputies, assistants, and employees as
may be necessary for the performance of the duties hereby im
posed, the compensation to be paid thereto and the number of such
deputies, assistants, and employees to be subject to the approval
of the State administrative board. Each of such deputies shall
take and file the constitutional oath of office and shall possess all
of the power and authority conferred by act number ten of the
Public Acts of Michigan, of the first extra session of nineteen hun
dred twelve, and the amendments thereto, upon the deputy mem
bers of the industrial accident board, and by act number two hun
dred eighty-five of the Public Acts of Michigan of nineteen hun
dred nine, and amendments thereto, upon the deputy commissioner
of labor. Each member of the commission shall receive an annual
salary of four thousand dollars; and all officers and employees o f
the department shall be entitled to their necessary expenses in
curred while traveling in performance of any of the duties hereby
imposed. All salaries and expenses hereby authorized shall be
paid in the same manner as the salaries and expenses of other
State officers and employees are paid.
S e c . 3. The powers and duties now vested by law in the indus
trial accident board, the department of labor, the State labor
commissioner, the board of boiler rules, created by act number
one hundred seventy-four of the Public Acts of nineteen hundred
seventeen, and the industrial relations commission are hereby
transferred to and vested in the department of labor and in
dustry hereby created. Immediately on the taking effect of this
act the boards, departments, commission, and officers whose
powers and duties are hereby transferred shall be abolished, and
eo
TEXT OF LAWS— MICHIGAN,
whenever reference thereto is made in any law o f the State
reference shall be deemed to be intended to be made to the de
partment o f labor and industry. Any hearing or other proceed
ing pending before any such department, board, commission, or
officers shall not be abated but shall be deemed to be transferred
to the commission provided for in section one o f this act, and
shall be conducted and determined thereby in accordance with
the provisions o f the law governing such hearing or proceeding.
S e c . 4. On or before the first day o f January o f each year in
which a regular session o f the legislature is held, the commis
sion shall make and file with the governor a report covering the
preceding biennial period, covering the activities o f the depart
ment, and the receipts and disbursements made thereby. Said
report shall be accompanied by the recommendations o f the com
mission with reference to such changes in the laws applying to
or affecting industrial and labor conditions as the said commis
sion may deem expedient. Said report shall, if so ordered by
the board o f State auditors, be printed by the board o f State
auditors and shall be distributed in such manner and to such
persons, organizations, institutions, and officials as the board o f
State auditors may direct.
S e c . 5. This act shall take effect on the first day o f July,
nineteen hundred tw enty-one; and all acts or parts o f acts in
any w ay contravening the provisions o f this act shall be deemed
to be superseded and repealed as o f said date. A ll records, files,
and other papers belonging to any o f the departments, boards,
commissions, and offices the duties o f which are hereby trans
ferred to the department o f labor and industry shall be turned
over to said department and shall be continued as a part o f the
records and files thereof.
Approved April 12, 1921.
61
Reports.
Act in effect.
COM PILED LAW S— 1915.
Department of Labor.
[This office was created by No. 285, Acts o f 1909, and is super
seded by the department o f labor and industry created by No. 43,
Acts o f 1921, above. The provisions o f the act o f 1909 remain
valid as setting forth the purpose and methods o f the depart
ment, and are as follow s, with the sections numbered as in the
compiled la w s:]
Scope
S e c t i o n 5323 (as amended b y No. 206, Acts o f 1923). It shall
ports.
be the duty o f the commission to collect in the manner herein
provided, assort, systematize, print, and present to the governor,
on or before the first day o f January o f each year in which a
regular session o f the legislature is held, statistical details re
lating to all departments o f labor in this State, including the
penal institutions thereof, particularly concerning the hours o f
labor, the number o f employees and sex thereof, and the daily
wages earned, the condition o f all m anufacturing establishments,
hotels, stores, and workshops and premises where labor is em
ployed, except farm s and households, with such other matter re
lating to the industrial, social, educational, moral, and sanitary
conditions o f the laboring classes and the productive industries
o f the State, including the names o f firms, companies, or corpora
tions, where located, the kind o f goods produced or manufactured,
the time operated each year, the number o f employees, male or
female, the number engaged in clerical work and the number en
gaged in manual labor, with a classification o f the number o f each
sex engaged in each occupation and the average daily wages paid
each : Provided, That the commission or any one connected with
4 9 7 3 5 °— 2 3 -------- 5
of
re
62
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
its office shall not publish, make public, nor give to any individual
or to the public the individual statistics obtained from any manu
facturing establishment, but all such statistics m ay be published
in connection with other sim ilar statistics and given to the public
in aggregates and averages: Provided further, That nothing in
this section shall be construed to prohibit other State depart
ments from taking transcripts o f such individual statistics for
statistical and classification purposes only.
Witnesses.
S e c . 5 3 2 4 . Such department or any member thereof shall have
fu ll power to examine witnesses on oath, compel the attendance o f
witnesses, the giving o f testimony and the production o f papers
w hile acting in any part o f this State, and witnesses m ay be sum
moned by such department or any member thereof, by its process
in the same manner, and paid the same fees as are allowed to
witnesses attending in the circuit court o f any county. Any
person duly subpoenaed under the provisions o f this section, who
shall w illfully neglect to attend or testify at the place named in
the subpoena served fo r such purpose, shall be guilty o f a misde
meanor, and on conviction before any court o f competent ju ris
diction may be punished by a fine not exceeding fifty dollars or
imprisonment in the county ja il not exceeding thirty days, or both
such fine and imprisonment in the discretion o f the cou rt: Pro
vided, That no witness shall be compelled to go outside o f the
county in which he or she resides to testify,
officials to furS e c . 5 3 2 6 . Said department may collect the inform ation called
nish information. f 0 r
section tw o o f this act [sec. 5 3 2 3 ], or such inform ation as
.shall by the commissioner be considered essential to perfect the
w ork o f the department, from the several State, county, city,
village, and township officers, and from the officers o f prisons,
penal and reform atory institutions, or by means o f special can
vassers under the direction o f the commissioner, and it shall be
the duty o f all such officers to furnish upon the written or printed v
request o f the commissioner such inform ation as shall be con
sidered necessary for the department upon blanks furnished by
said department.
Township, etc.
S e c . 5327. It shall be the duty o f the several supervisors o f the
officers.
townships, and the supervisor and assessor o f the wards o f cities
in this State, at the time o f assessing the property thereof, to ob
tain the facts and inform ation determined upon by said depart
ment, as provided in section five o f this act [sec. 5326], in
accordance with the terms, conditions, and requirements o f said
blanks, and to return said blanks properly filled and duly certi
fied to by such officer without delay to the commissioner o f labor
at Lansing.
Access to fac
S e c . 53 28 . The commissioner, his deputy, and deputy factory
tories, etc.
inspectors are authorized to enter any factory, workshop, hotel,
store, or other place where labor is employed when open or in
operation, fo r the purpose o f gathering facts and statistics relat
ing to hours o f labor, wages, industrial, economic, and sanitary
conditions or m atters; and if any employer or his or her agent or
agents shall refuse to allow the officers o f said department to so
en ter; or shall refuse to give such inform ation when requested
by said commissioner or deputy factory inspector, then such
employer or his or her agent or agents shall be deemed guilty o f
a misdemeanor, and upon conviction thereof before any court o f
competent jurisdiction shall be punished by a fine not to exceed
one hundred dollars or by imprisonment fo r not more than ninety
days or both such fine and imprisonment in the discretion o f the
court.
F a l s e state
S e c . 5329. A ny person who shall w illfu lly and intentionally
ments, etc.
testify falsely before said commissioner or any authorized deputy
shall be deemed guilty o f a felony, and on conviction thereof shall
be punished by imprisonment in the State prison fo r a period not
TEXT OF LAWS— MICHIGAN.
exceeding five years, and any person who shall refuse to testify
before said commissioner or before any deputy thereof shall on
conviction thereof be deemed guilty of a misdemeanor, and shall
be punished by a fine not exceeding one hundred dollars or im
prisonment not exceeding sixty days or both in the discretion of
the cou rt: Provided, That no person or corporation shall be re
quired to answer any question that shall be an improper subject
of inquiry or foreign to the object of this act.
[One of the three commissioners of the department of labor and
industry is assigned to the labor division, in which there is also
a deputy commissioner. Appropriations for the year 1922-23 in
cluded, for personal service, $131,780 and for contractual service,
$24,055, other items bringing the aggregate up to $174,935.]
63
MINNESOTA,
ACTS OF 1921.
C hapter
81.—Industrial commission.
S e c t i o n 1. The department of labor and industries is hereby
continued as a department of the State government, under the
control and management of the industrial commission of Min
nesota, hereinafter created, and the office of commissioner of
labor is hereby abolished.
Sec. 2. There is hereby created a commission to be known as
Commission
created.
the “ Industrial Commission of Minnesota,” hereinafter called
the commission. The commission shall be composed of three
commissioners who shall be appointed by the governor by and
with the advice and consent of the senate. The first three com
missioners shall be appointed within thirty (30) days after the
passage of this act and before the adjournment of the present
legislature, if practicable. One shall be appointed for a term
commencing March 15, 1921, and ending June 30, 1923; one for
a term commencing March 15, 1921, and ending June 30, 1925;
and one for a term commencing March 15, 1921, and ending
June 30, 1927; and thereafter each commissioner shall be ap
pointed for a term of six years. Not more than two commis
sioners shall belong to the same political party. Inasmuch as
the duties to be performed by such commission vitally concern
the employers, employees, as well as the whole people of the
State, it is hereby declared to be the purpose of this act that
persons be appointed as commissioners who shall fairly represent
the interests of all concerned in its administration. Any vacancy
on the commission shall be filled by the governor by and with
the advice and consent of the senate for the unexpired portion
of the term in which the vacancy occurs.
S e c . 3. Each commissioner shall receive an annual salary o f
Salaries, etc.
$4,500, payable in the same manner that other State salaries
are paid. Each commissioner shall devote his entire time to
the duties of his office. The commissioner whose term first ex
pires shall be chairman. Each commissioner, before entering
upon the duties of his office, shall take the oath prescribed by
law.
S e c . 4. The governor may at any time remove a commissioner
Removal from
office.
for inefficiency, neglect of duty, of malfeasance in office. Before
such removal he shall give such commissioner a copy of the
charges against him and fix a time when he shall be heard in
his own defense, which shall not be less than ten days there
after, and such hearing shall be open to the public. If such
commissioner shall be removed, the governor shall file in the
office of the secretary of state a complete copy of all the charges
made against such commissioner and his findings thereon, with
a record of the proceedings. Such power of removal shall be
absolute and there shall be no right of review in any court
whatsoever.
S e c . 5. Every commissioner and every officer or employee of
P o l i t i c a l ac
tion.
the commission, who by solicitation or otherwise exerts his in
fluence, directly or indirectly, to induce other officers or em
ployees of the State to adopt his political views, or to favor
any particular person or candidate for office, or to contribute
funds for campaign or political purposes, shall be removed from
his office or position by the authority appointing him.
Department
continued.
64
tE X T OE LAWS— MINNESOTA.
es
Sec . 6 . The commission shall keep its office at St. Paul and Offices.
shall be provided by the custodian of State property with suit
able rooms and necessary furniture. The commission may, how
ever, hold sessions at any other place in the State when the con
venience of the commission and the parties interested so requires.
Organization.
S e c . 7. Upon the taking effect of this act, the commission shall
meet at the State capitol and organize. A majority of the com
missioners shall constitute a quorum fbr the exercise of the
powers conferred and the duties imposed on the commission. A
vacancy shall not impair the right of the remaining commis
sioners to exercise all the powers and perform all of the duties
of the commission.
O f f i c e to be
Sec. 8. The department of labor and industries shall be open for open.
the transaction of business during all business hours of each and
every day, excepting Sundays and legal holidays. The sessions
of the commission shall be open to the public and may be ad
journed from time to time. All the proceedings of the commission
shall be shown on its records, which shall be public records.
Sec. 9. The commission shall have a seal for the authentication Seal.
of its orders and proceedings, upon which shall be inscribed the
words “ Industrial Commission of Minnesota — Seal,” and such
other design as the commission may prescribe. The courts of this
State shall take judicial notice of such seal and of the signatures
of the chairman and the secretary of the commission; and in all
cases copies of orders, proceedings, or records of the commission,
certified by the secretary of the commission under its seal, shall
be received in evidence, with the same force and effect given to the
originals.
Secretary.
S e c . 10. The commission shall appoint a secretary, who shall re
ceive an annual salary not exceeding $3,500, and who shall hold
office at the pleasure of the commission. It shall be the duty of
the secretary to keep a full and true record of all proceedings of
the commission, to issue all necessary processes, writs, warrants,
and notices which the commission is required or authorized to
issue, and generally to perform such other duties as the commis
sion may prescribe.
Staff.
S e c . 11. The commission may appoint with complete and abso
lute power of removal such division heads or chiefs, deputy di
vision heads or chiefs, managers, assistant managers, superin
tendents, officers, agents, architects, accountants, experts, engi
neers, physicians, and referees as may be necessary for the exer
cise of its powers and the performance of its duties; and subject
to the provisions of General Statutes 1913, sections 3813, 3814, 3815,
3816, which shall be applied as far as applicable, may also appoint
such statisticians, inspectors, deputy inspectors, and other em
ployees, and assistants as may be necessary for the exercise of its
powers and the performance of its duties. The commission shall
prescribe the duties and fix the salaries of all such appointees
which shall not exceed in the aggregate the amount appropriated
by the legislature for that purpose. All persons holding positions
in the department of labor and industries or under the State board
of arbitration on June 1, 1921, shall be transferred by the com
mission to the department of labor and industries as herein con
stituted, and assigned to such positions and duties as the com
mission may designate.
Expenses.
S e c . 12. The commission and the officers, assistants, and em
ployees of the commission shall be paid out of the State treasury
their actual and necessary expenses while traveling on the busi
ness of the commission. Vouchers for such expenses shall be
itemized and sworn to by the persons incurring the expense, and
be subject to the approval of the commission.
Powers trans
S e c . 13. On and after June 1, 1921, the commission shall possess
ferred.
all the powers and perform all the duties now conferred and im
posed by law on the department of labor and industries and the
State board of arbitration except that any power or duty vested
in the commissioner of labor at the time of the taking effect of
this act and requiring individual action, shall, on the taking effect
66
LAW S PROVIDING FOR BUREAUS OF LABOR. ETC,
o f this act, be exercised or perform ed by such member o f the com
mission, or officer or employee o f the department, as shall be
designated by the commission. The State board o f arbitration, as
now constituted, is hereby abolished.
Divisions.
S e c . 14. The department o f labor and industries shall consist
o f the follow ing divisions, to w it : Division o f workm en’s com
pensation, division o f boiler inspection, division o f accident pre
vention, division o f statistics, division o f women and children [in
cludes administration o f minimum wage law, the special comm is
sion being abolished: ch. 84, acts o f 1916], division o f employ
ment, division o f mediation and arbitration, and such other divi
sions as the commission may deem necessary and establish. Bach
division o f the department and persons in charge thereof shall
be subject to the supervision and direction o f the commission and
o f any commissioner assigned to supervise the w ork o f such divi
sion, and, in addition to such duties as are or m ay be imposed
on them by statute, shall perform such other duties as m ay be
assigned to them by the commission.
P o w e r s and
S e c . 1 5 . The commission shall have the follow ing powers and
duties.
duties:
Workmen's
( i ) T o exercise such powers and perform such duties concerncompensation.
ing the administration o f the workmen’s compensation law s o f
the State as may be conferred and imposed on it by such laws.
Inspection, etc.
( 2 ) To exercise all powers and perform all duties now con
ferred and imposed on the department o f labor and industries
as heretofore constituted, and the bureaus o f such department,
so fa r as consistent with the provisions o f this act.
E m p lo y m e n t
( 3 ) To establish and conduct free employment agencies, and
agencies.
after the first o f June, 1921, to supervise the w ork o f pri
vate employment offices all as now provided by la w ; to make
known the opportunities for self-employment in this State, to
aid in inducing minors to undertake promising skilled employ
ments, to encourage wage earners to insure themselves against
distress from unemployment, to investigate the extent and causes
o f unemployment in the State and remedy therefor, and to
devise and adopt the most efficient means in its pow er to avoid
unemployment.
Labor disputes.
(4 ) T o promote the voluntary arbitration, mediation, and con
ciliation o f disputes between employers and employees in order
to avoid strikes, lockouts, boycotts, black lists, discriminations,
and legal proceedings in matters o f employment. In pursuance
o f this duty it may appoint tem porary boards o f arbitration or
conciliation, provide the necessary expenses o f such boards, order
reasonable compensation not exceeding $15 per day fo r each mem
ber engaged in such arbitration or conciliation, prescribe rules
o f procedure fo r such arbitration or conciliation boards, conduct
investigations and hearings, issue or publish statements, findings
o f facts, conclusions, reports, and advertisements, and may do all
other things convenient and necessary to accomplish the pur
poses directed in this act. The commission may designate a
subordinate, to be known as ch ief mediator, and may detail
other assistants or employees fo r the purpose o f executing these
provisions, without extra compensation. In order to carry out
the provisions o f this subsection the industrial commission or
any commissioner thereof, the ch ief mediator or any tem porary
board o f conciliation or arbitration, shall have pow er to admin
ister oaths to witnesses and to issue subpoenas fo r the attendance
o f w itnesses; and if any person refuses to com ply w ith any
subpoena issued by the commission, a commissioner, the chief
mediator, or a tem porary board o f conciliation or arbitration,
or i f any witness refuses to testify regarding that about which
he may be law fully interrogated, the judge o f any district court
o f any county in the State, on application o f the commission or
o f a commissioner, shall compel obedience by attachment proceed-
67
TEXT OE LAWS— MINNESOTA,
ings as fo r contempt, as in the case o f the disobedience o f a sub
poena issued by such court.
( 5 ) To adopt reasonable and proper rules and regulations relativ^tto the exercise o f its powers and duties, and proper rules
to govern its proceedings and to regulate the mode and manner
o f all investigations and hearings. But such rules and regula
tions shall not be effective until ten days after their adoption.
A copy o f such rules and regulations shall be delivered to every
citizen making application therefor.
( 6 ) To collect, collate, and publish statistical and other in f ormation relating to the work under its jurisdiction and to make
public reports in its judgment necessary. On or before the first
Monday in January o f each year the commission shall report
its doings, conclusions, and recommendations to the governor,
which report shall be printed and distributed biennially to the
members o f the legislature and otherwise as the commission may
direct.
( 7 ) To establish and maintain branch offices as needed for the
conduct o f its affairs.
Sec. 16. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
investigations
Statistics,
Branch office
Repealer,
Approved March 14, 1921.
[The follow ing provisions o f law, in so fa r as not inconsistent
with chapter 81, Acts o f 1921, above, continue in fo r c e :]
GEN ERAL STATUTES— 1913.
Department of labor and industries.
S e c t i o n 3819 (as amended by chapter 110, A cts o f 1919).
Duties
The department shall enforce all laws regulating the em ploy-powers*
ment o f minors and women, the protection o f the health, lives,
limbs, and rights o f the working classes, and those prescribing
the qualifications o f persons in trades and crafts, and shall be
clothed with the same powers fo r the enforcement o f the com
pulsory education and truancy laws as those conferred mi truant
officers by section 1448, Revised Laws o f 1905 [sec. ft8 6 ]. It
shall be empowered to gather statistics relating to all branches
o f labor, to labor troubles and unions, and to the economic and
social conditions o f the laboring classes. In the discharge o f its
duties the members and employees o f the department may enter
any factory, mill, workshop, warehouse, mercantile establishment,
office, engineering work or other place where persons are em
ployed, or any office from which such place o f employment is
directed or managed, at all reasonable times, give such direction
as may be necessary to enforce the laws and remain while en
gaged in their official duties. They may also enter any place
where intoxicating beverages are sold, for the purpose o f en
forcing the child labor and school attendance laws or other
duties imposed upon them. Any member o f the department o f
labor and industries may issue subpoenas and take testimony,
and compel the attendance o f witnesses, and shall have authority,
to administer oaths and take testimony under oath, but no person
shall be compelled to attend as a witness unless he is paid the
fees provided for witnesses in the district court.
The bureau o f women and children shall have power to enforce
and cause to be enforced, by complaint in any court or other
wise, all laws and local ordinances relating to the health, morals,
com fort, and general w elfare o f women and children.
S e c . 3821. On request o f the department, and within the time
Reports,
limited therein, every employer o f labor, any officer o f a labororganization, or any other person from whom the department o f
labor shall find it necessary to gather information, shall make a
certified report to the department upon blanks furnished by it,
and
68
LAWS PROVIDING DOR BUREAUS OE LABOR, ETC.
of all matters covered by the request. The names of persons or
concerns supplying such information shall not be disclosed. Ev
ery notice, order, or direction given by the department shall be
in writing, signed by any officer or inspector of the department,
or a person specially designated for the purpose, and be served
by him. Papers so served and all records and documents of the
Records.
department are hereby declared public documents and shall not.
be destroyed within two years after their return or receipt by the
department.
Sec. 3822. Within ten days after the service of any order or
Appeal
to
courts.
direction of the department, any person aggrieved may apply to a
judge of the district court for an order restraining its enforce
ment, and upon not more than thirty (30) days’ notice a hearing
may be had before such court, or before three impartial expert
referees appointed by the court, who shall file their report within
ten days after the hearing. The court may alter, annul, or affirm
the order or direction complained o f; the decision to be based
upon the hearing by the court, or upon the report of the referees.
Such decision shall take the place of the original order. In cases
of affirmance, the losing parties shall pay a reasonable compensa
tion to the referees, to be fixed by the court. In cases of deci
sions rendered adverse to the order of the department of labor,
such compensation shall be paid out of the appropriation for the
support of the department.
Local
ordi
S e c . 3823. Whenever the department learns of a violation of a
nances.
local ordinance for the protection of employees it shall give
written notice thereof to the proper municipal authorities, and
take any steps permissible under the ordinance for its enforce
ment.
Penalties.
S e c . 3825 (as amended by chapter 14, Acts of 1917). Any offi
cer, agent, or employee of the department who shall disclose the
name of any person supplying information at the request of the
department shall be guilty of a misdemeanor. Any person who,
having been duly subpoenaed, shall refuse to attend or testify in
any hearing under the direction of said commissioner shall be
guilty of a misdemeanor. Any owner or occupant of any factory,
mill, woi%shop, engineering work, store, or other place enumerated
in section 8 [sec. 38191 of this act, or agent of such person, who
shall refuse to admit thereto any officer, agent, or employee of the
department seeking entrance in the discharge of his duty, shall
be guilty of a misdemeanor. Any person, firm, or corporation, or
any of its officers or agents, who or which shall refuse to file with
the department such reports as are required by it under the pro
visions of this act shall be guilty of a misdemeanor.
D i v i s i o n foi
deaf.
Chief.
Title.
Sec. 3828. There shall be created in the bureau of labor a
division devoted to the deaf.
S ec. 3829. The commissioner of labor shall appoint a competent
man to take charge of such division who shall devote his time to
the special work of labor for the deaf, under the supervision of
the commissioner. He shall collect statistics of the deaf, ascer
tain what trades or occupations are most suitable for them, and
best adapted to promote their interest, and shall use his best
efforts to aid them in securing such employment as they may
be fitted to engage in.
He shall keep a census of the deaf and obtain facts, information,
and statistics as to their condition in life with a view to the
betterment of their lot. He shall endeavor to obtain statistics and
information of the condition of labor and employment and edu
cation of the deaf in other States with a view to promoting the
general welfare of the deaf of this State.
S e c . 3830. He shall be designated as chief of the bureau o f labor
for the deaf.
[The organization of the commission, other than for the admin
istration of the compensation Jaw, is as follow s:]
Division of boiler inspection: One chief boiler inspector, one
assistant chief boiler inspector.
FEXT OF LAWS— MINNESOTA,
division of accident prevention: One chief of division, i i fac
tory inspectors, 2 elevator inspectors, 2 railroad inspectors.
Division of statistics: One statistical secretary, one chief sta
tistical clerk, one statistical clerk.
Division of women and children: One superintendent of divi
sion, six investigators.
Division of employment: Three managers, three women super
visors.
Division for the deaf: One superintendent of division.
M ISSISSIPP I.
[No bureau of labor exists in this State. The only labor official
provided for is a factory inspector appointed by the State board
of health, and charged with the inspection of factories and can
neries where women and children are employed. A stenographer
is also furnished.]
69
MISSOURI.
REVISED STATUTES— 1919.
Bureau of labor statistics.
S e c t i o n 6737. There is hereby established a separate and distinct department in this State, to be known as the “ Bureau of
Labor Statistics.”
Object of buS e c . 6738. The object of this department shall be to collect,
au*
assort, systematize and present in annual report to the governor,
to be by him transmitted biennially to the general assembly, statis
tical details and information relating to all departments of labor
in the State, especially in its relations to the commercial, indus
trial, social, educational and sanitary condition of the laboring
classes and to the permanent prosperity of the productive indus
tries of the State.
Commissioner.
S e c . 6739. The governor shall, with the advice and consent of
the senate, appoint, immediately after this article goes into effect,
and every four years thereafter, some suitable person to perform
the duties herein required, who shall be known as commissioner of
labor statistics, and who shall keep an office in such place as may
be designated by the governor.
Reports.
S e c . 6740. The commissioner shall, annually, on or before the
5th day of November, present a report in writing to the governor,
which shall contain statistical details relating to all departments
of labor in the State, together with such other information as is
contemplated by section 6738.
Witnesses.
S e c . 6741. The commissioner shall have power to administer
oaths or affirmations, to examine witnesses, and to take and pre
serve evidence; and it shall be the duty of all State, county, and
municipal officers to furnish to said commissioner, upon his re
quest, all statistical information in reference to labor which may
be in their possession as such officers.
S e c . 6742. The commissioner of labor statistics shall be au
thorized to have printed not to exceed three thousand copies of
his annual report for general distribution, and all printing,
binding, bulletins, blanks, stationery, or map work shall be done
under any contract which the State now has or shall have,
and the expense thereof shall be audited and paid for in the same
manner as for similar work for the State out of the appropria
tion for the purchase of material, printing, and publishing docu
ments for the State.
Access to facS e c . 6743 (as amended by act, p. 3, Acts of 1921). Any owner,
)ries, etc.
operator, manager, or lessee of any mine, factory, workshop, ware
house, elevator, foundry, machine shop, or other manufacturing
establishment, or any other employer of labor, or any agent or
employee of such owner, operator, manager, or lessee, who shall
refuse to said commissioner, when requested by him, any statis
tical or other information relative to his duties which may be in
their possession or under their control, shall, for every such
neglect or refusal, be deemed guilty of a misdemeanor, and shall,
on conviction, be fined in a sum not less than twenty-five nor more
than one hundred dollars.
Salary.
Sec. 6744. The commissioner of labor statistics shall receive an
annual salary of three thousand five hundred dollars, payable
monthly, and said commissioner is hereby authorized to employ
such assistance and incur such expense as may be necessary to
carry out the provisions of this article, such expense to be paid
on the vouchers presented by the commissioner: Provided, hoivBureau
estab-
5hed-
70
TEXT
OF LAWS— MISSOURI,
71
ever, That said expenses shall not exceed, in any one year, the
amount appropriated therefor; said commissioner shall before
entering upon the duties of his office execute a bond to the State Bond,
of Missouri, in the sum o f twenty thousand dollars, with two or
more good and sufficient sureties, conditioned upon the faithful,
honest, and impartial performance of his duties under this article,
which bond shall be approved by the State auditor and filed in
his office. Said commissioner shall include in his annual report
to the governor an itemized statement o f the expenses o f the
bureau incurred by him.
S e c . 6745. The commissioner of labor statistics is hereby diDuty of tomrected to collect any information he may deem necessary to carry missl0ner*
out the objects of the bureau as set forth in je ctio n 6738, and is
hereby authorized to furnish suitable blanks to managers o f
public-service corporations, county, city, and township officers,
and to the officers of prisons, penal and reformatory institutions,
and it shall be the duty of all such managers and officers to fur
nish such information as the commissioner may require and which
may be in their possession with the least possible delay.
S e c . 6746. It shall be the duty o f every owner, operator, or
Duty of owners
lessee of any factory, foundry, or machine shop, or other manu- of factories, etc.
facturing establishment doing business within this State to re
port annually, on or before the first day of March, to the com
missioner of the bureau of labor statistics the name of firm or
corporation and the number of members, male and female, con
stituting the same; where located; capital invested in grounds,
buildings, and machinery; class and value of goods manufac
tured; aggregate value of raw material used; total number o f
days in operation; amount paid yearly for rent, tax, and insur
ance; total amount paid in wages; total number of employees,
male and female; number engaged in clerical and manual labor,
with detailed classification of the number and sex of employees
engaged in each class, and average daily wages paid to each.
S e c . 6747. The commissioner of the bureau of labor statistics
Blanks, etc.
is hereby authorized to furnish suitable blanks to the owner,
operator, manager, or lessee of any factory, workshop, elevator,
foundry, machine shop, or any other manufacturing establishment,
to enable said owner, operator, manager, or lessee to intelligently
comply with the provisions of section 6746 of this article; and
any such owner, operator, manager, or lessee who shall neglect or
refuse to comply with the provisions of this article, or who shall
untruthfully answer any question or questions put to him by the
commissioner of labor, in a circular or otherwise, hi furtherance
of the provisions of sections 6745 and 6746, shall be deemed guilty
of a misdemeanor, and on conviction thereof shall be punished
by a fine of not less than one hundred dollars nor more than two
hundred dollars.
[The officers named are the commissioner and a chief of indus
trial inspection. The sum of $50,000 is appropriated for the years
1921 and 1922 for salaries, etc., including salaries of special
agents and clerks.]
Mo n t a n a .
CONSTITUTION.
A r t i c l e 1 8 . —Bureau
Assembly may
provide for bu-
reau*
of agriculture, labor, and industry.
The legislative assembly may provide for a bureau
agriculture, labor, and industry, to be located at the capital
and be under the control of a commissioner appointed by the gov
ernor subject to the confirmation of the senate. The commissioner
shall hold his office for four years and until his successor is
appointed and quaSned; his compensation shall be as provided
by law.
ACTS OF 1921.
S e c t io n 1.
C h a p t e r 2 1 6 . —Department
Purpose.
Title.
Surety.
Salary.
Authority.
Assistants.
Divisions.
of agriculture, labor, and industries.
S e c t i o n 1. There is hereby created a department of the govern
ment of the State of Montana to be known as the “ department
of agriculture, labor, and industry.” The general purpose of said
department is the promotion of the agricultural and labor interests
of the State of Montana as hereafter more specifically provided.
S e c . 2. The chief executive officer of the department q£ agricul
ture, labor, and industry, hereinafter referred to as the commis
sioner of agriculture, shall be a commissioner of agriculture, to
be appointed by the govenor, by and with the consent of the
senate, and such commissioner shall hold office for a term of four
years or until his successor is appointed and qualified.
S e c . 3. Before entering upon the duties of his office, the commis
sioner of agriculture shall take and subscribe the constitutional
oath of office, and shall give a surety company bond in the sum of
$5,000 conditioned for the faithful performance of his duties, the
cost of said bond to be paid by the State. The commissioner shall
receive an annual salary of $5,000, payable in the same manner
as the salaries of other State officers, and shall be allowed such
expenses as may be actually and necessarily incurred in the per
formance of his duties. He shall maintain his office at the State
capitol.
S e c . 4. The commissioner of agriculture is empowered to pre
scribe regulations not inconsistent with law for the government
of his department, the conduct of its employees and clerks, the
distribution and performance of its business, and the custody, use,
and preservation of the records, papers, books, documents, and
property pertaining thereto. He shall also have authority to
designate the form of and to use a seal to authenticate his official
acts.
S e c . 5. The commissioner o f agriculture shall have the author
ity to appoint for the performance of the work of said depart
ment such number of secretaries, assistants, clerks, and other em
ployees as he shall deem necessary for the performance of the
work of the department, subject, however, to the approval of the
State board of examiners. All persons so employed shall receive
the compensation fixed by law or fixed by the board or depart
ment to whom may be intrusted the power to fix the compensa
tion of deputy State officers and employees; if not so fixed, the
commissioner of agriculture shall determine the amount of said
compensation. No employee of the department of agriculture,
labor, and industry who is paid a fixed compensation shall receive
pay for any extra services rendered by him unless expressly
authorized by law.
S e c . 9. There shall be four main divisions of the department of
agriculture, labor, and industry, to w it:
The division of farming and dairying.
The division of grain standards and marketing.
72
TEXT OF LAWS— MONTANA,
73
The division o f horticulture.
The division of lqbor and publicity.
The divisions hereby created are intended for the sole purpose o f
promoting the logical and convenient classification of the work (p iange Permit'
of the department, and nothing herein contained shall be deemedtecl*
to prevent any person engaged in the work of a particular division
from performing the work of another division; the commissioner
may likewise create additional divisions at his discretion.
.
S e c . 56. The division of labor and publicity.
The department of for lvlslon of la*
agriculture, labor, and industry, through the division of labor and
publicity, shall be charged with the duty of enforcing all the laws
of Montana relating to hours of labor, conditions of labor, protec- D t>
tion of employees, and all laws relating to child labor regulating
u1 *
the employment o f children in any manner; it shall also be the
duty of such division to administer all the laws of the State rela
tive to free employment oflices.
E m p lo y m e n t
S e c . 57. It is the duty of the city council of any incorporated agencies,
city of the first or second class within this State, and it shall be
lawful for the city council of any other incorporated city, to pro
vide for the establishment of a free public employment office to be
conducted on the most approved plans, and to provide for the ex
penses thereof out o f the revenues of the city in which the same is
established. The annual report of the department of agriculture,
labor, and industry shall contain a detailed account of all such
free employment offices within the State showing the number of
applicants for employment, the number securing employment, and
the expenses of maintaining such office.
S e c . 58. In discharging the duties imposed upon the division o f
Powersu
labor and publicity, the commissioner of agriculture shall have
power to administer oaths, to examine witnesses under oath, to
take depositions or cause same to be taken, to deputize any male
citizen over the age of 21 years to serve subpoenas upon wit
nesses, and to issue subpoenas for the attendance of witnesses bef
fore him in the same manner as for attendance before district
courts. The commissioner of agriculture shall likewise have the
authority to inspect any mine, factory, workshop, smelter, mill,
warehouse, elevator, foundry, machine shop, or other industrial
establishment, and any person who shall refuse to the commis
sioner admission to any of the industrial establishments herein
enumerated when admission is requested for the purpose of in
spection, or who shall, when requested by the commissioner, will
fully neglect or refuse to furnish to him any statistics or other
information which may be in the possession or under the control
of such person, or who shall refuse to obey any subpoena issued by
the commissioner, shall be deemed guilty of a misdemeanor and be
punished accordingly. Nothing herein contained shall in any Limitations
manner confer upon the commissioner of agriculture the authority
to interfere in any manner with the conduct of the matters under
the control of the industrial accident board, nor shall said com
missioner be charged with the duty of enforcing any of the laws of
the State of Montana pertaining to the affairs of said industrial
accident board, nor with the enforcement of the safety provisions
of the workmen’s compensation act.
S e c . 70. Any person, firm, company, or corporation who shall
violations,
violate any of the provisions of this act, or who shall fail to
comply with any order o f the department of agriculture, labor
and industry,‘ or o f the commissioner of agriculture, or any of
his lawfully constituted agents, provided that said order be made
in pursuance of the authority granted by this act, shall be deemed
guilty of a misdemeanor and punishable by a fine o f not to
exceed five hundred dollars, or by imprisonment in the county
jail for not to exceed six months, or by both such fine and im
prisonment.
Approved March 5, 1921.
[The organization comprises the commissioner o f agriculture
and a chief o f the division o f labor and publicity.]
NEBRASKA.
COMPILED STATUTE S—1922.
Civil administrative code—Department of labor.
TITLE I.
A
r t ic l e
I .— General provisions.
7242. The civil administration of the laws o f the State
vested in the governor. For the purpose of aiding the
governor in the execution and administration of the laws, the
executive and administrative work shall be divided into the
several departments enumerated in section 2 [sec. 7243] o f this
article.
S e c . 7243. There are hereby created and established the follow
ing departments of the State government. * * * ; the depart
ment of labor; * * *
S e c . 7244. To aid the governor in carrying out the constitu
tional duties, vested in him as the supreme executive, each
department shall have a departmental officer who shall be known
as “ secretary,” who shall, subject to the provisions o f this act,
and under the general direction of the governor, execute the
power and discharge the duties vested by law in his respective
department.
Such officers shall be designated as follow s:
* * * ; the secretary of labor, for the department of labor;
Power of govS e c t io n
ernor.
is hereby
Departments.
Secretaries.
*
*
*
Salaries.
Sec. 7245. The secretaries o f the respective departments created
by this article shall receive annual salaries in monthly or yearly
periods as fo llo w s : * * ♦; the secretary o f labor shall receive
$5,000; * * *
staff.
S e c . 7246. The governor shall, in each department, have power
to appoint such deputies, assistants, employees, and clerical help
as shall be necessary or essential to the economical but efficient
and proper enforcement and administration of the laws o f the
State, and shall at the same time fix the salaries o f such ap
pointees and prescribe their duties. The governor shall also have
power to discontinue the service o f any secretary or employee
when, in his judgment, the same is not longer necessary. * * *
TITLE IV.
A
Functions.
r t ic l e
I.—Department of labor—General powers.
S e c t i o n 7654. The governor, through the agency o f the depart
ment of labor created by this act, shall have the pow er:
l . To foster, promote, and develop the welfare of wage earners ;
2. To improve working conditions;
3. To advance opportunities for profitable employment;
4. To collect, collate, assort, systematize, and report statistical
details relating to all departments of labor, especially in its rela
tion to commercial, industrial, social, economic, and educational
conditions, and to the permanent prosperity of the manufacturing
and productive industries;
5. To require [acquire] and diffuse useful information on sub
jects connected with labor in the most general and comprehensive
sense of the w ord ;
6. To acquire and diffuse among the people useful information
concerning the means o f promoting the material, social, intellec
tual, and moral prosperity o f laboring men and women;
74
TEXT OF LAWS---- NEBRASKA.
75
7. To acquire and diffuse information as to the conditions o f
employment and such other facts as may be deemed o f value to
the industrial interests of the State;
8 . To acquire and diffuse information in relation to the preven
tion of accidents, occupational disease, and other related subjects;
9. To administer and enforce the workmen’s compensation laws w 0 r k
»
or employers’ liability acts of the State, and for that purpose the compensation!
secretary of the department of labor shall be the deputy com- etc.
missioner of labor and compensation commissioner, and the duty
hereby imposed upon him, as such, of executing all of the provi
sions of Article VIII, chapter 85, Revised Statutes of Nebraska
for the year 1913 [ch. 28, relating to workmen’s compensation],
and any and all act or acts amendatory thereof.
A r t ic l e
II.—Employment regulations.
7655. In addition to the general powers conferred upon Law
.
the governor in the preceding article, he is hereby invested with ment.
n rc*
the power and charged with the duty of enforcing, through the
agency of the department of labor created by this act, all of the
provisions contained in this article and all provisions which may
be hereafter enacted as amendatory thereof.
S e c . 7656. The department of labor shall establish and maintain
Free employin its office and in connection therewith a free public employment ment offices,
bureau.
[The secretary of labor is also charged with the licensing and
supervision of private employment offices. The secretary is the
only official designated by the act or by the appropriation act o f
1921.]
S e c t io n
NEVADA.
ACTS OF 1915.
C hapter
Office created.
. Salary.
Assistance.
Reports.
•Statistics.
203.—Labor commissioner.
S e c t i o n 1 (as amended by chapter 5 6 , Acts of 1 9 1 9 ) .
There
is hereby created the office of labor commissioner o f the State
of Nevada, and one member of the Nevada Industrial Commission,
other than the chairman, shall be designated by the governor to
act as ex officio labor commissioner. Said commissioner shall
receive as compensation for his services as labor commissioner a
salary of fifteen hundred ( $ 1 ,5 0 0 ) dollars per annum, payable
in monthly installments out of the State treasury of Nevada as
other salaries are paid. Said commissioner may employ steno
graphic <fr clerical help not to exceed fifteen hundred ( $ 1 , 5 0 0 )
dollars per annum, and statistical assistance not to exceed three
hundred ( $ 3 0 0 ) dollars per annum. Said labor commissioner
shall be entitled to receive from the State, when travel is neces
sary in the performance of his official duty, reimbursement for
the actual cost of transportation to points within the State over
the shortest usually traveled route, and such other expenses as
are allowed to other State officers.
Sec. 2. Said commissioner shall collect and systematize, and
present in biennial reports to the governor and legislature, statisti
cal details relating to labor in the State.
Sec. 3. Said statistics may be classed as follow s:
First— In agriculture.
Second— In mining.
Third— In mechanical and manufacturing industries.
Fourth— In transportation.
Fifth— In clerical and other skilled and unskilled labor not
mentioned above.
Sixth— The number, age, sex, and condition of persons employed,
the nature of their employment, the extent to which the apprentice
ship system prevails in the various industries, the number of
hours of labor per day, the average length of time employed per
annum, and the net wages received in the industries and em
ployments within the State.
Seventh— The number and condition of the unemployed, their
age, sex, and nationality, and the cause of their unemployment.
Eighth— The sanitary conditions of workshops, dwellings, the
cost of fuel, rent, food, clothing, and necessities of life ; the ex
tent to which labor-saving processes are employed in the dis
placement of labor.
Ninth. The number and condition of the Chinese and Japanese
in this State, and to what extent their labor comes into competi
tion with the other industrial classes of the State.
Tenth. The number and nature of the employment of inmates
in State prisons and county jails and the extent their employment
comes into competition with labor outside of these institutions.
Eleventh. The number of hospitals within the State; the num
ber of hospitals maintained through cooperative arrangements
between employer and employee; the cost of maintenance thereof;
the amount of fees charged for hospital, medical, and surgical
attention to employees in the State; the character of the arrange
ments and maintenance thereof between employer and employee;
the sanitary condition and efficiency of such hospitals; the nature
o f their equipment and the character o f services, expert agd other
wise, rendered therein.
76
TEXT OF LAWS— NEVADA,
77
Twelfth. A description of the different kinds of labor organiza
tions within the State, their objects, purposes, and accomplish
ments, as near as may be.
Thirteenth. The number of employment bureaus or agencies
within the State, character and nature of their business, require
ments, fees, and service.
Fourteenth. All such other information in relation to labor as
said commissioner may deem essential to further the objects of
this act.
S e c . 4 (as amended by chapter 1 3 8 , Acts o f 1 9 2 1 ) . Said comDuties o f com
missioner shall inform himself of all laws of the State for th emissloner'
protection of life and limb in any of the industries o f the State,
all laws regulating the hours of labor, the employment of minors,
the payment of wages, and all other laws enacted for the protec
tion and benefit o f employees, and shall have the power and
authority, when in his judgment he deems it necessary, to take
assignment of wage claims and prosecute actions for collection o f
wages and other demands of persons who are financially unable
to employ a counsel in cases in which, in the judgment of the
commissioner, the claims for wages are valid and enforceable in
the courts; and it shall be the duty of said labor commissioner
to enforce all labor laws of the State of Nevada, the enforcement
of which is not specifically and exclusively vested in any other
officer, board, or commission, and whenever after due inquiry he
shall be satisfied that any such law has been violated, or that
persons financially unable to employ a counsel have a valid and
enforceable claim for wages or other demand, he shall present the
facts to the district attorney of the county in which such violation
occurred or wage claim accrued, and it shall be the duty o f such
district attorney to prosecute the same.
S e c . 5. Said labor commissioner shall cooperate with such buCooperation,
reaus or departments o f labor of the National Government and
other States as may be established.
S e c . 6 . It shall be the duty of all State, county, and precinct
Duty of offlofficers to furnish, upon written request of said labor commis-cers*
sioner, all information in their power necessary to assist in car
rying out the objects of this a ct
S e c . 7 . The office o f the bureau shall be open for business from
Office hours.
9 a. m. until 5 o’clock p. m. every day, except Sunday and the
holidays observed by other State officers; and the officers shall Giving inforgive to all persons requesting it all needed information which they mation.
may possess: Provided, That no information that is of such a
nature that it would be against public policy and against the best
interest of the bureau will be given to any one.
S e c . 8 . Said labor commissioner shall have the power to exWitnesses,
amine witnesses, administer oaths, and take testimony in all
matters relating to the duties and requirements of this act, and
such testimony shall be taken in some suitable place in the
vicinity to which the testimony is applicable. Said labor com
missioner may compel the attendance of witnesses, and may issue
subpoenas: Provided, hovcevcr, That no witness fees shall be paid
to any witness unless he be required to testify at a place more
than five miles from his place of residence, in which event the
witness shall be paid the same fees as a witness before a district
court, such payment to be made from the fund appropriated for
such purposes in the county in which the testimony is taken and
witness examined in the same manner as provided for the pay
ment of witness fees in the district court of such county. Any per
son duly subpoenaed under the provisions of this section, who shall
willfully refuse or neglect to testify at the time and place named
in the subpoena, shall be guilty of a misdemeanor, and upon con
viction thereof shall be punished by a fine o f not less than one
hundred dollars nor more than five hundred dollars, or by im
prisonment in the county jail not less than ten days nor more
than thirty days, or by both such fine and imprisonment
S e c . 9 . Said labor commissioner shall have the power to enter
Entering work
any store, foundry, mill, office, workshop, mine, or public or pri- places.
4 9 7 3 5 ° — 2 3 -------6
78
LAWS PROVIDING FOR BUREAUS OP LABOR, ETC,
Bulletins.
Forms, etc.
Printing.
Prosecutions.
Appropriation.
Offices.
vate works at any reasonable time for the purpose of gathering
facts and statistics contemplated by this act, and to examine
safeguards and methods of protection from danger to employees;
the sanitary conditions of the buildings and surroundings, and
make a record thereof; and any owner, corporation, occupant, or
officer who shall refuse such entry to said labor commissioner,
his officers, or agents, shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not less
than one hundred dollars nor more than five hundred dollars, or
by imprisonment in the county jail not less than ten days nor
more than thirty days, or by both such fine and imprisonment.
S e c . 10. The labor commissioner is hereby authorized, with the
approval of the board of examiners, to compile and issue such bul
letins pertaining to labor and industries of the State as he may
deem necessary, and such bulletins, when approved for printing
and distribution, shall be printed at the State printing office.
Sec. 11. Said labor commissioner shall prepare forms and
blanks for the purpose of gathering the information and statistics
required by this act, and may require any person, firm, or cor
poration to give the information and statistical detail desig
nated in such forms, and any person, firm, or corporation who
shall refuse to furnish such detail and statistics in the form
required shall be guilty of a misdemeanor, and upon conviction
thereof may be fined not less than one hundred dollars nor more
than five hundred dollars.
S e c . 1 2 (as amended by chapter 5 6 , Acts of 1 9 1 9 ) . All forms,
blanks, envelopes, letterheads, circulars, bulletins, and reports
required to be printed by said labor commissioner shall be printed
at the State printing office in the same manner and under the
same regulations which are specified in an act entitled “ An act to
designate and authorize the work to be done in the State printing
office,” approved March 5, 1 9 0 9 .
S e c . 13. It shall be the duty of the district attorneys of the
several counties, upon the complaint of the labor commissioner,
to prosecute all violations of law which may be reported to said
district attorney by the labor commissioner.
S e c . 14 (as amended by chapter 56, Acts of 1919). For the pur
pose of carrying out the provisions of this act there is hereby
appropriated, out of any moneys in the State treasury not other
wise appropriated, the sum of ten thousand ($10,000) dollars. All
salaries and expenses enumerated in this act, except the expenses
of printing at the State printing office and the providing of prop
erly furnished offices at the capitol, shall be paid from the appro
priations made for the salaries and support of the office of labor
commissioner.
S e c . 15. The labor commissioner shall be provided with prop
erly furnished offices at the capitol in Carson City, Kev.
Approved March 13, 1919.
[The appropriation act for the years 1921 and 1922 provides
for the commissioner, a clerk, and $300 per year for statistical
assistants.]
N E W H A M P SH IR E .
ACTS OF 1893.
Ch apter
48.— Commissioner of labor.
S e c t i o n 5. The duties of the commissioner shall be to collect,
assort, arrange, and present in annual reports, on or before the
first day of January each year, statistical details relating to all
departments of labor in the State of New Hampshire, especially in
relation to the commercial, industrial, social, educational, and
sanitary condition of the laboring classes, and the permanent pros
perity of the productive industry of the State.
Duties.
ACTS OF 1911.
Chapter
198.—Bureau of labor.
S e c t i o n 1 (as amended by chapter 70, Acts of 1913). The Bureau created.
office of commissioner of labor is hereby abolished and a bureau
of labor is established in place thereof in accordance with the
provisions of this act. Said bureau of labor shall consist of a
labor commissioner who shall be appointed by the governor with
the advice and consent of the council, within thirty days after the
passage of this act, and such clerics and assistants as shall be
necessary for the performance of the duties of the bureau. The
labor commissioner shall hold his office for three years from the
date of his appointment and until his successor shall be appointed
and qualified, and he may be removed at any time by the governor
with the advice and consent of the council, for cause, and his
successor shall be appointed in the same manner for the same
term. Any vacancy existing in the office of labor commissioner
shall be filled for the unexpired portion of the term by appoint
ment by the governor with the advice and consent of the council.
Said commissioner shall appoint a clerk of the bureau and such
other clerical assistants as may be necessary and fix their com
pensation subject to the approval of the governor and council.
The records of said bureau shall be public records open to the in
spection of any person interested. The salary of said labor com
missioner shall be one thousand six hundred dollars ($1,600) a
year, payable monthly by the State treasurer in full for his serv
ices, and his actual expenses incurred in the work of his office
shall be paid by the State treasurer on duly detailed vouchers ap
proved by .the governor.
Sec. 2. Said labor commissioner shall exercise and perform all D u t i e s and
the powers and duties heretofore exercised and performed by the powers.
commissioner of labor, together with such other powers and duties
as are authorized by this act. It shall be the duty of the commis
sioner, without notice, at such times as he shall deem it necessary,
to visit the manufacturing, mechanical, and mercantile establish
ments in the State, so far as practicable, for the purpose of ascer
taining whether the laws with reference to the employment of
help are complied with, and for the further purpose of ascertain
ing if reasonable sanitary and hygienic conditions are maintained
calculated to promote the health and welfare of the working
people. If he shall deem it necessary, he shall transmit to the
legislature a report upon these matters when he shall deem the
79
80
LAWS PROYTDTN'G FOR BUREAUS OF LABOR, ETC,
occasion of sufficient importance, with snch recommendations as
he shall think advisable. Whenever he shall deem it necessary,
the commissioner shall prosecute any offense against the laws
regulating the employment of help.
[The commissioner of labor also has certain duties in con
nection with the adjustment of labor disputes, and is authorized
to make rules and regulations with regard to safety appliances,
etc., in factories, mills, workshops and manufacturing establish
ments. The personnel comprises the commissioner and three
factory inspectors.]
NEW JERSEY.
A C T S O F 1916.
C hapter 4 0 .—Department o f labor.
S ection 1 (a s amended by chapter 252, A cts o f 1 9 2 2 ). T h e
departm ent o f labor shall be reorganized and hereafter com
posed o f :
F irst. One com m issioner o f labor.
Organization.
Second. A bureau o f general and structural inspection.
Third. A bureau o f electrical and m echanical equipm ent
Fourth. A bureau o f hygiene, sanitation, and m ine inspection.
F ifth . A bureau o f engineers’ and firemen’s licenses.
Sixth. A bureau o f industrial statistics.
Seventh. A bureau o f employment.
Sec. 2. T h e commissioner o f labor shall be a citizen and resi Commissioner.
dent o f this State, appointed by the governor, by and w ith the
advice and consent o f the senate.
H e shall hold his office for
the term o f five years and until his successor is appointed and
qualified. H e sh all receive a salary o f six thousand dollars per
annum.
Sec. 3. H e shall be the executive and adm inistrative head o f Powers and du
ties.
the departm en t A ll powers and duties heretofore vested in and
devolved upon the com m issioner o f labor or the departm ent o f
labor shall hereafter be exercised and perform ed by him in person
or under his personal supervision and control, through and by
any bureau or representative thereof, duly authorized by the
com m issioner o f labor fo r that purpose. W h e n not inconsistent
w ith the provisions o f any statute, he shall assign to the various
bureaus and cause to be perform ed through them, under his
supervision and in his name, such duties as m ay have been or
hereafter m ay be devolved generally upon the department o f labor
or upon the com m issioner o f labor, to the end that through the
several bureaus, each perform ing its assigned correlated func
tions, the work o f the department shall be economically, efficiently,
and prom ptly perform ed.
G e n e r a l and
Sec. 4 (a s amended by chapter 252, A cts o f 1 9 2 2 ). The bureau
structural inspec
o f general and structural inspection shall consist o f a chief in tion.
spector, who shall be a structural expert, appointed by the com
m issioner o f labor, and who shall be hereafter known as deputy
com m issioner o f labor, and nineteen inspectors appointed by the
com m issioner o f labor, o f which at least three shall be women.
Duty of deputy
Sec. 5 (a s amended by chapter 252, A cts o f 1 9 2 2 ). The deputy
com m issioner o f labor in charge o f the bureau o f general and commissioner.
structural inspection shall direct and assign, under the supervision
and control o f the com m issioner of labor, the work o f general and
structural inspection except as hereinafter provided; supervise
the work relating to plans for the alterations o f old and the
erection o f new buildings, elevators, fire escapes, fire protec
tion [ ;] supervise the inspection o f the m anufacture, storage,
and transportation o f explosives and such additional correlated
duties as the com m issioner shall direct. Th e deputy com m issioner
o f labor in charge o f the bureau o f general and structural in
spection shall be the representative o f the commissioner o f labor,
in his absence, in the adm inistrative duties o f the general office
and as the com m issioner o f labor shall authorize.
Sec. 6 (a s amended by chapter 252, A cts o f 1 9 2 2 ). The bureau Electrical and
o f electrical and m echanical equipment shall consist o f a chief mechanical bu
reau.
inspector, who shall be appointed by the com m issioner o f labor.
In addition to the ch ief inspector, there shall be one inspector,
w ho sh all be appointed by the commissioner o f labor.
81
82
Fire
etc.
LAWS PROVIDING FOR BUREAUS OF LABOR, ETO,
S e c . 7 (a s amended by chapter 2 5 2 , A cts o f 1 9 2 2 ) . The bureau
o f electrical and m echanical equipm ent shall, under the super
vision and control o f the com m issioner o f labor, perform such
duties in m atters relating to fire alarm in stallations or other
electrical equipment, the installation o f m echanical safeguards on
m achinery and other correlated duties as the com m issioner shall
direct*
Hygiene, etc.
S e c . § ( as amended by chapter 2 5 2 , A cts o f 1 9 2 2 ) . T h e bureau
o f hygiene, sanitation, and mine inspection shall consist o f a chief
inspector appointed by the com m issioner o f labor, w ho shall be
hereafter known as deputy com m issioner o f labor, an expert in
vestigator o f occupational diseases, a m ine inspector having prac
tical knowledge and skill in the work in and operation o f m ines
and quarries, a bakery inspector who shall be a practical baker,
one inspector, who shall be a person having practical knowledge
and skill as a m etal polisher and buffer, and such other inspectors
or employees as m ay be assigned to the bureau.
Ventilation,
S e c . 9 (a s amended by chapter 252, A cts of 1 9 2 2 ). T h e deputy
sanitation, etc.
com m issioner o f labor in charge o f the bureau o f hygiene, sanita
tion, and m ine inspection shall perform , under the supervision and
control o f the com m issioner o f labor, the duties devolving upon
the department o f labor or the com m issioner o f labor, w ith rela
tion to the elim ination o f dust, fum es, and excessive heat in
industrial operation ; the investigation o f occupational diseases,
and the ventilation and sanitation o f factories, m ills, bakeries,
workshops, and places where the m anufacture o f goods is carried
o n ; the inspection o f mines, quarries, tunnels, and c a isso n s; the
direction o f industrial sa fety education and such additional cor
related duties as the com m issioner o f labor shall direct. T he
deputy commissioner o f labor in charge o f the bureau o f hygiene,
sanitation, and m ine inspection shall be the personal representa
tive o f the com m issioner o f labor in the field and as authorized.
Bureau of enS e c . 10. T h e bureau o f engineers’ and firemen’s licenses shall be
gineers’ and fire- constituted in the manner and form prescribed by and subject
naan’s licenses.
£0
provis ions 0f an act entitled “ A n act to provide for the
exam ination and license o f engineers and firemen having charge
o f stationary and portable steam boilers and steam engines, and
to prohibit the use o f such steam boilers and steam engines unless
the person in charge thereof sh all be so licensed,” approved A p ril
fourteenth, one thousand nine hundred and thirteen, and the
amendm ents thereof and supplements thereto, and shall continue
Duties.
to exercise and perform the powers and duties conferred and de
volving upon them by the provisions o f that act. T h is bureau
shall also perform , under the supervision and control o f the com
m issioner o f labor, such additional correlated duties as the com
m issioner shall direct.
Bureau of inS ec . 11. T h e bureau o f industrial statistics shall consist o f a
dustrial statistics, chief o f the bureau, who shall be appointed by the com m issioner
o f labor. T h e salary o f the ch ief o f the bureau shall be tw entyfive hundred dollars per annum.
Duties.
S ec . 12. T h e bureau o f industrial statistics shall perform , under
the supervision and control o f the com m issioner o f labor, the
duties form erly vested in the bureau o f labor statistics pursuant
to the provisions o f an act entitled “A n act to establish a bureau
o f statistics upon the subject o f labor, considered in a ll its rela
tions to the grow th and development o f State industries,” ap
proved M arch tw enty-seventh, one thousand eight hundred and
seventy-eight, and the amendm ents thereof and supplem ents
thereto, which bureau is now merged w ith the departm ent o f
labor, and, in addition, sh all publish and issue bulletins and
pam phlets on m atters pertaining to the work o f the bureau, and
perform such other duties as m ay be assigned to said bureau by
the com m issioner o f labor.
Bureau of emS ec . IS. T h e bureau o f em ploym ent shall be constituted as conpioyment.
templated by an act o f the legislature entitled “ A n act to author
ize the departm ent o f labor to establish free labor bureaus, and
alarms,
S3
TEXT OF LAWS*— N E W JERSEY,
providing fo r their m aintenance,” approved M arch tenth, one
thousand nine hundred and fifteen, except that the commissioner
o f labor shall appoint a chief o f the bureau and fix his compensa
tion and appoint such additional clerks and employees as m ay be
necessary, and fix their compensation. B y the bureau thus or
ganized the powers and duties devolved upon the department o f
labor in and by the said act shall be exercised and performed.
Sec. 14. T h e commissioner o f labor shall appoint and assign to Office force.
duty such clerks and stenographers as he m ay consider necessary,
and fix their compensation. A ll offices and employments, except
that o f the commissioner o f labor, in the department shall be
w ithin the classified service o f the State, subject to a ll the provi
sions o f the civil service act.
Sec. 15. The com m issioner o f labor m ay assign or tran sfer T r a n s f e r ©f
stenographers or clerks from one bureau to another, or inspectors employees.
from one bureau to another, or combine the clerical force o f two
or more bureaus, as m ay be necessary or advisable, ©r require
from one bureau assistance in the work o f another bureau. T h e
system o f organization hereby created is intended to facilitate
and not to retard the economical and efficient perform ance of the
work o f the department and not to im pair the control or responsi
bility o f the com m issioner over and for such work.
P r e s e n t offi
S ec. 16. Upon this act taking effect the present commissioner cials,
etc.
o f labor, who shall continue to hold his office in accordance w ith
the provisions o f this act, shall proceed to reorganize the depart
ment o f labor as provided by this act. A ll the inspectors and
other employees and appointees now in the service o f the depart
ment shall continue in such service. T h e present commissioner o f
labor shall make all necessary appointments, assignm ents, and
transfers from the inspectors, experts, employees, clerks, and ste
nographers now in the employ o f the department, and fill any
positions required to be filled after such transfer or assignm ent,
in accordance w ith the provisions o f the civil service act.
Additional ap
Sec. 17. Th e com m issioner o f labor m ay appoint and employ pointees.
such additional inspectors, except investigators or advisers, at
such compensation and for such period as he m ay consider neces
sary. H e m ay also appoint volunteer inspectors to serve w ithout
compensation. A ll persons appointed under this section shall
have the same rights and powers as the regular inspectors.
Sec. 18. Th e term o f office o f the present commissioner o f labor Term extended.
is hereby extended and he shall continue to hold and execute his
office for a fu ll term o f five years from the date o f issue o f his
present commission and until his successor, at the end o f the term
o f five years from the date o f the present commission, shall be
appointed and qualified.
Expense*.
Sec. 19. A ll officers and employees or appointees in this depart
ment shall, in addition to their compensation, be reimbursed for
their actual and necessary expenses incurred in the perform ance
o f their duties.
Repeal.
Sec. 20. A ll acts and parts o f acts inconsistent herew ith are
hereby repealed and this act shall take effect im m ediately.
Passed M arch 14, 1916.
A C T S O F 1917.
C h a p t e r 58. —
Department of labor— Inspectors.
S e c t io n 1 (a s amended by chapter 172, A cts o f 1 9 1 9 ). T h e inspectors o f the departm ent o f labor shall perform such duties as
sh all be designated by the commissioner o f labor, and shall be
divided into four grades, as hereinafter provided, which shall be
designated, respectively, first grade, second grade, third grade,
and fourth grade.
Fourth g ra d e: Inspectors o f this grade shall receive such com
pensation as is or m ay hereafter be provided by the State civil
service commission in accordance w ith the provisions o f chapter
24, P. L . 1918. Appointm ents o f inspectors to this grade shall be
Dntfe8*
Grade®,
84
Salaries.
Same.
Expenses.
Status.
Term .
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
m ade from the list o f eligibles fo r th is grade submitted by the
board o f civil service com m issioners obtained through open com
petitive exam ination.
T h ird g r a d e : Appointm ents o f inspectors to this grade sh all be
m ade from the list o f eligibles fo r this grade subm itted by the
board o f civil service com m issioners obtained through open com
petitive exam inations and shall receive such com pensation as is
or m ay hereafter be provided by the State civil service com m is
sion in accordance w ith the provisions o f chapter 24, P. L . 1918.
Second g ra d e : Inspectors o f this grade shall receive such com
pensation as is or m ay hereafter be provided by the State civil
service com m ission in accordance w ith the provisions o f chapter
24, P. L. 1918. A n y inspector, a fter having sa tisfactorily served
fo r five years as an inspector in the third grade, shall, if recom
mended by the commissioner o f labor, be adm itted to noncom peti
tive promotion exam ination, to be conducted by the board o f
civil service commissioners, and upon successfully passing such
exam ination, shall be promoted to the second grade. No appoint
m ent o f inspectors o f the second grade shall be m ade except a fte r
noncom petitive promotion exam ination, as aforesaid.
F irst g ra d e : Inspectors o f this grade shall receive such com
pensation as is or m ay hereafter be provided by the State civil
service com m ission in accordance w ith the provisions o f chapter
24, P. L. 1918. A n y inspector, after having satisfactorily served as
an inspector o f the second grade for five years, shall, if recom
mended by the com m issioner o f labor, be adm itted to a noncom
petitive promotion exam ination, to be conducted by the board o f
civil service commissioners, and, upon successfully passing such
exam ination, shall be promoted to the first grade. N o appoint
m ent o f inspectors o f the first grade shall be m ade except a fter a
noncom petitive promotion exam ination, as aforesaid.
S e c . 2. T h e salary o f the assistant com m issioner o f labor shall
be $3,000 per annum. T h e assistant com m issioner o f labor, a fter
having satisfactorily served as such assistant com m issioner fo r
five years, shall, if recommended by the com m issioner o f labor,
be adm itted to a noncompetitive promotion exam ination, to be
conducted by the board o f civil service com m issioners, and upon
successfully passing such exam ination shall receive a sa lary o f
$3,500 per annum.
Sec. 3. The chief inspector of the bureau of structural inspec
tion, the chief inspector of the bureau of electrical equipment, the
chief inspector of the bureau of hygiene and sanitation, and the
chief of the bureau of industrial statistics shall each receive a
salary of $2,500 per annum. Th e chief of any of the above-named
bureaus, after having satisfactorily served as chief of such bu
reau for five years, shall, if recommended by the commissioner
of labor, be admitted to a noncompetitive promotion examination,
to be conducted by the board of civil service commissioners, and,
upon successfully passing such examination, shall receive a salary
of $3,000 per annum.
Sec. 4. T h e inspectors in the employ o f the departm ent o f
labor, the assistant com m issioner o f labor and the chiefs o f the
bureaus above m entioned shall, in addition to the annual salaries
received by them, receive the expenses incurred by them in the
perform ance o f their duties.
A ll inspectors now in the em ploy o f the departm ent o f labor
shall be classified as inspectors o f the third grade and shall be
considered, fo r the purposes o f this act, to have been inspectors
o f the third grade from the date o f their original appointm ents as
in sp ectors: Provided, however, T h a t nothing in this act contained
shall operate to reduce the salary o f any inspector now employed
by the department o f labor.
T he period o f service o f the assistant com m issioner o f labor
and the chiefs o f the bureaus above mentioned, now in the em
ploy o f the department o f labor, shall, for the purposes o f this
TEXT OF LAWS---- NEW JERSEY.
85
act, run from the appointment o f such persons as assistant com
missioner or chiefs o f the bureaus herein named, as the case
m ay be.
Approved M arch 19, 1917.
A C T S O F 1920.
Chapter
33 4 .—Industrial
safety museum—Department of labor.
S e c t i o n 1. The department o f labor m ay establish in the b u ild -. Museum author
ing known as 571 Jersey Avenue, Jersey City, now under le a s e lze ‘
by the said department o f labor, or at any other location it m ay
deem advisable, a State industrial safety museum in which m ay
be installed such exhibits as said department o f labor shall ap
prove to further the standardization of safety and economic
stability in m anufactories.
Purposes.
S ec . 2. Said museum shall furnish inform ation by m eans o f said
exhibits, which m ay include practical equipment appliances and
devices, photographs, blue prints, engineering data, reports, sta
tistics, and lectures on the production and personnel standards
now successfully operative in this country and abroad, covering
the problems of—
F actory construction and plant la y o u t ;
F ire prevention and p rotection ;
E levator installation and protection;
Electrical eq u ip m en t;
E lim ination o f boiler-room h az ard s;
N atu ral and artificial lighting m eth o d s;
M achine safeguarding and accident reduction;
N atural and mechanical v en tilation ;
Fan rem oval o f dusts, fumes, and excessive h u m id ity ;
Shop h ygien e;
The installation o f betterment provisions, including toilet, wash,
dressing and lunch room fa c ilitie s;
F irst aid and hospital equ ipm en t;
Industrial training in vestibule schools and sh o p s;
The development o f technical and shop library serv ice;
T he reduction o f the labor turnover by means o f approved em
ploym ent methods, shop relations, A m ericanization activities, and
insurance benefits;
Th e stabilizing o f working forces through im proved transporta
tion and housing fa c ilitie s ;
and such other safety and industrial problems as the said depart
ment o f labor shall from tim e to tim e determine.
S e c . 3. T h e commissioner o f labor shall appoint and be an ex Administration,
officio member o f an adm inistrative committee consisting o f the
director o f the museum as chairm an and at least one represent
ative each o f a chamber of commerce, a compensation insurance
company, an accident insurance company, a life insurance com
pany, a fire insurance company, a representative o f labor, and
such additional representatives o f the m anufacturers and safety
and conservation organizations o f the State as m ay be deemed
expedient for insuring the greatest usefulness o f said museum, all
o f whom excepting the director shall serve w ithout salary, who
shall conduct said m useum within the jurisdiction o f said depart
ment o f labor.
Approved A p ril 21, 1920.
[T h e personnel o f the department o f labor consists o f the com
missioner, two deputy commissioners, a chief o f bureau for each
o f the various bureaus, 17 general factory inspectors, 2 mine
inspectors, 2 bakery inspectors, and about 30 clerks and stenog
raphers.]
NEW MEXICO.
[T h e State o f N ew M exico has no bureau o f labor or corre
sponding office.
The only labor official o f the State is a mine
Inspector, charged with the enforcem ent o f the m ining la w s o f
the State.]
NEW YORK.
A C T S O F 1921.
C hapter
50.— A r t i c l e I I .—Department
of labor.
S e c t i o n 10. Th e department o f labor is continued.
T he head
of the department shall be the industrial commissioner. T h e
industrial commissioner shall be appointed by the governor, by
and with the advice and consent o f the senate. T h e term o f office
commissioner.1 a l ° f tlie commissioner shall be four years, except that the term o f
the commissioner first appointed hereunder shall expire January
first, nineteen hundred and twenty-five.
Deputy c o m S e c . 11. There shall be a deputy commissioner, who shall be
missioner.
appointed by and removed at the pleasure o f the commissioner.
industrial
Sec.
There shall be in the department an industrial board
board.
consisting o f three members. Th e members o f such board shall
be appointed by the governor, by and w ith the advice and consent
of the senate, one of whom shall be designated by the governor
as chairm an. Upon the appointment o f a successor to the chair
man the governor shall designate such successor or other member
o f the board as chairman. The term o f office o f a member o f
such board shall be six years, except that the term s o f the m em
bers first appointed shall expire, one on January first, nineteen
hundred and twenty-three, one on January first, nineteen hundred
and twenty-five, and one on January first, nineteen hundred and
twenty-seven.
Oaths.
S e c . 13. T he industrial commissioner, members o f the industrial
board, and the deputy commissioner shall, before entering upon
the duties o f their office, take and subscribe the constitutional
oath o f office. Such oaths shall be filed in the office o f the secre
tary o f state.
Offices.
S e c . 14. The principal office o f the department sh all be in the
city o f A lban y in rooms designated by the trustees o f public
buildings as provided by law . There shall be a branch office in
the city o f N ew Y ork and in such other cities o f the State as the
commissioner m ay determine.
Department of
labor*
Seal.
Sec 15. The commissioner may adopt a seal of the department
and require that it be used for the authentication of orders and
proceedings and for such other purposes as he may prescribe.
vacancies and
Sec. 16. I f a vacancy occurs otherw ise than by expiration o f
removals.
term in the office o f the com m issioner or o f a m em ber o f the
industrial board it shall be filled by appointment fo r the u nex
pired term. The governor m ay remove the com m issioner or a
member o f the industrial board fo r inefficiency, neglect o f duty,
or misconduct in office after giving him a copy o f the charges and
an opportunity o f being publicly heard in person or by counsel on
not less than ten days’ notice. I f a commissioner or a m em ber o f
the industrial board be removed the governor shall file w ith the
secretary o f state a record o f his proceedings in respect o f such
rem oval and h is findings thereon.
TEXT OF LAWS— NEW YORK,
87
Salaries and €XS ec . 17. T h e com m issioner and m embers o f the industrial board
sh all devote their entire tim e to the duties o f their respective
offices. T h e com m issioner shall receive an annual salary o f eight
thousand d o lla r s ; each member o f the industrial board shall re
ceive an annual salary o f eight thousand d o lla r s ; and the deputy
com m issioner sh all receive an annual salary o f seven thousand
dollars. T h e reasonable and necessary expenses o f the depart
m ent and the reasonable and necessary traveling and other ex
penses o f the com m issioner, deputy commissioner, members o f
the industrial board, and other officers and employees o f the
departm ent, w hile actu ally engaged in the perform ance o f their
duties, outside o f the city o f A lban y, or if any such officer or
employee be in charge or actu ally em ployed at a branch office
o f the department, the reasonable and necessary traveling and
other expenses outside o f the place in which such branch office is
located, shall be paid by the State treasurer upon the audit o f
the comptroller, upon vouchers approved by the commissioner.
Employees.
S ec . 18 (a s amended by chapter 642, A c ts o f 1 9 2 1 ). T h e officers,
deputy com m issioners, and employees o f the department o f labor
in office when this section takes effect shall continue in office
subject to the power o f rem oval or the appointment o f their suc
cessors as provided in this chapter. T here sh all be in such de
partm ent and the com m issioner m ay appoint such heads o f divi
sions or bureaus and such inspectors, investigators, statisticians,
and other assistants, and employees as he shall deem necessary
fo r the exercise o f the powers and the perform ance o f the duties
o f the departm ent. Th e commissioner, notw ithstanding the pro
visions o f any other general or special law , saving and excepting
the provisions o f section tw enty-tw o o f the civil service law , m ay
tran sfer officers or employees from their positions to other posi
tions in the department, or abolish or consolidate such positions,
and m ay remove any officer or employee in the department.
S ec . 19 (a s amended by chapter 642, A cts o f 1 9 2 1 ). The com Referees.
m issioner sh all appoint as m any persons as m ay be necessary to
be referees to perform the duties prescribed by this section. A
referee shall devote his entire tim e to the duties o f his office and
sh all receive an annual salary to be fixed by the com m issioner
w ithin the appropriation m ade therefor. I t shall be the duty o f a
referee, under rules adopted by the industrial board, to hear and
determine claim s fo r compensation, and to conduct such hear
ings and investigations and to m ake such orders, decisions, and
determ inations as m ay be required by any general or special rule
or order o f the industrial board, under the w orkm en's compensa
tion la w pursuant to the provisions o f such law . T he decision o f
a referee on such a claim shall be deemed the decision o f the
industrial board from the date o f the filing thereof in the depart
m ent unless the in du strial board, on its own m otion or on appli
cation duly m ade to it, m od ify or rescind such decision.
S ec . 20. E x istin g divisions or bureaus in the department shall Bureaus.
continue u ntil changed, consolidated, or abolished pursuant to this
section.
T h e com m issioner m ay establish such divisions or bureaus
as m ay be necessary fo r the adm inistration and operation o f the
department, under th is chapter, and m ay change, consolidate, or
abolish divisions or bureaus. E ach division and bureau shall be
subject to the supervision and direction o f the commissioner, and
sh all have jurisdiction o f such m atters, exercise such powers, and
perform such duties as m ay be assigned to it by the commissioner.
S ec . 21 (a s amended by chapter 642, A cts o f 1 9 2 1 ). T h e com
m issioner shall be the adm inistrative head o f the department.
Duties of com
T h e commissioner
missioner.
1. Sh all enforce a ll the provisions o f this chapter and o f the
industrial code except a s in th is chapter otherw ise p rovid ed ;
2. Sh all exercise the powers and perform the duties in relation
to the adm inistration o f the workm en’s com pensation la w hereto
fo re vested in the industrial com m ission by chapter six hundred
and seventy-four o f the la w s o f nineteen hundred and fifteen, ex -
88
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
cept in so far as such powers and duties are vested by this chapter
in the industrial board;
3. Shall cause proper inspections to be m ade o f a ll m atters pre
scribed by this chapter or by the industrial c o d e ;
4. Shall cause investigations to be m ade o f the condition o f
women in in d u stry ;
5. Shall inquire into the cause o f a ll strikes, lockouts, and other
industrial controversies, and endeavor to effect an am icable settle
m ent thereof, and m ay create w ithin the departm ent a board to
which a controversy between an em ployer and his em ployees m ay
be subm itted fo r m ediation and a rb itra tion ;
6. Shall propose to the industrial board such rules or such
changes in such rules as he m ay deem a d v isa b le ;
7. M ay provide for the establishm ent and m aintenance o f public
em ploym ent offices fo r the purpose o f securing em ploym ent fo r
men, women, and ch ild ren ;
8. M ay m ake investigations, collect and com pile statistical in
form ation and report upon the conditions o f labor generally and
upon all m atters relating to the enforcem ent and effect o f the pro
visions o f th is chapter and o f the rules th ereu n d er;
9. M ay enforce any la w fu l m unicipal ordinance, by-law , or reg
ulation relating to any place affected by the provisions o f this
chapter, not in conflict w ith the provisions o f this chapter or o f
the industrial cod e;
10. M a y investigate the condition o f aliens relative to their em
ploym ent in industry.
S e c . 2 2 . Th e com m issioner m ay sit w ith the industrial board in
the consideration o f any m atter except review s under the provi
sions o f the workm en’s compensation la w ; but shall not have a
vote upon any such m atter. H e shall be the custodian o f the
records o f the board.
‘ S e c . 23. T he com m issioner m ay m ake, amend, and repeal regu
lations necessary for the internal adm inistration o f the depart
m ent, and not in conflict w ith the rules adopted by the industrial
board pursuant to this chapter fo r the enforcem ent o f the labor
law . Such regulations shall not be deemed rules w ithin the m ean
ing o f this chapter unless the context otherw ise requires.
Review.
Regulations.
Delegation
powers.
Inspection.
'
Sec. 24. The commissioner may by order filed in the department
delegate any of his powers to or direct any of his duties to be
performed by the deputy commissioner or a head of a division or
bureau of such department.
Sec. 25. The commissioner or the officers and employees of the
department shall inspect every place which is, or which they have
reasonable cause to believe is, affected by the provisions of this
chapter, and they may in the discharge of their duties enter any
such places.
Books and pa
S e c . 26. A ll papers, books, records, or other documents required
per*.
to be kept by the provisions o f this chapter or o f the w orkm en’s
com pensation la w or o f the industrial code shall at a ll tim es be
open fo r the inspection o f the com m issioner and the officers and
em ployees o f the departm ent, and the persons in charge thereof
shall afford every reasonable fa cility fo r their exam ination and
perm it copies to be m ade when required by the com m issioner.
Powers of in
Sec. 27 (a s amended by chapter 642, acts o f 1921). T h e indus
dustrial board.
trial board shall have pow er to make, amend, and repeal rules
fo r carrying into effect the provisions o f this chapter, applying
such provisions to specific conditions and prescribing m eans,
methods, and practices to effectuate such provisions.
I t shall
have power to hear and determine a ll claim s fo r compensation
under the w orkm en’s com pensation law in the m anner provided
by this chapter or the w orkm en’s compensation law * * ♦.
S e c . 28. R ules o f the industrial board m ay be m ade for—
Rules.
1.
T h e proper sanitation in a ll places to w hich this chapter
applies and fo r guarding against and m inim izing fire hazards,
personal in ju ries and diseases in all places to w hich this chapter
applies w ith respect t o :
89
TEXT OF LAWS— NEW YORK.
a.
T h e construction, alteration, equipment, and m aintenance o f
a ll such places, including the conversion o f structures into fa c
tories, fa cto ry buildings, and m ercantile establish m en ts;
b. T h e arrangem ent and guarding o f m achinery and the storing
and keeping o f property and a rtic le s ;
c. T h e places w here and the m ethods and operation by which
trades and occupations m ay be conducted and the conduct o f em
ployers, employees, and other person s;
I t being the policy and intent o f th is chapter th a t a ll places to
w hich it applies sh all be so constructed, equipped, arranged, oper
ated, and conducted in a ll respects as to provide reasonable and
adequate protection to the lives, health, and sa fety o f a ll persons
em ployed therein and frequenting the same, and th at the board
sh all from tim e to tim e m ake such rules as w ill effectuate such
policy and in te n t
2. W h en ever the board finds th at any industry, trade, occupa
tion, or process involves such elem ents o f danger to the lives,
health, or sa fety o f persons em ployed therein as to require special
regulation fo r the protection o f such persons, the board m ay m ake
special rules to guard against such elements o f danger by estab
lishing requirements as to tem perature, hum idity, the rem oval o f
dusts, gases, or fum es, by requiring licenses to be applied for and
issued by the departm ent as a condition o f carrying on any such
industry, trade, occupation, or process, by requiring m edical in
spection and supervision o f persons em ployed or applying fo r
em ployment, and by other appropriate means.
3. T h e rules m a y be lim ited in their application to certain
classes o f establishm ents, places o f em ployment, m achines, appa
ratus, articles, processes, industries, trades, or occupations, or
m ay apply only to those to be constructed, established, installed,
or provided in the future.
4. T h e rules o f the board sh all have the force and effect o f la w
and shall be enforced in the sam e manner a s the provisions o f
th is chapter.
5. N o provision o f th is chapter specifically conferring powers
on the board to m ake rules sh all lim it the power conferred by
th is section.
Sec. 29. T h e rules o f the board sh all constitute the industrial
code, and u ntil amended or repealed, the rules o f the industrial
com m ission continued in force by th is chapter sh all constitute the
industrial code, and be deemed to have been adopted or m ade
by the industrial board fo r the purposes in such rules provided.
A t least tw o affirm ative votes sh all be necessary fo r the adop
tion, amendm ent, or repeal o f any rule.
B efore any rule is
adopted, amended, or repealed there shall be a public hearing
thereon, notice o f w hich sh all be published at least once, not less
than ten days prior thereto, in such newspaper or new spapers a s
the board m ay prescribe, and w here it affects prem ises in the city
o f N ew Y o rk in the C ity Record o f the city o f N ew Y ork . T h e
com m issioner m ay appoint com m ittees composed o f em ployers,
employees, and experts to suggest rules or changes therein. E v ery
rule adopted and every amendm ent or repeal thereof shall be
prom ptly published in the bulletins o f the departm ent and w here
it affects prem ises in the city o f N ew Y o rk in the C ity Record
in the city o f N ew Y ork .
T h e rules and a ll amendm ents and
repeals thereof shall, unless otherw ise prescribed by the board,
take effect tw enty days a fter the first publication thereof, and
certified copies thereof shall be filed w ith the secretary o f state.
S ec . 30. I f there sh all be practical difficulties or unnecessary
hardship in carrying out a provision o f this chapter or a rule o f
the board thereunder affecting the construction or alteration o f
buildings, exits therefrom , the installation o f fixtures and appa
ratus, or o f the safeguarding o f m achinery and prevention o f acci
dents, the board m ay m ake a variation from such requirements
i f th e spirit o f the provision or rule shall be observed and public
sa fe ty secured. A n y person affected by such provision or rule, or
h is agent, m ay petition the board fo r such variation, stating the
Industrial code.
Variations.
90
LAWS PROVIDING FOR BUREAUS OF LABOR, BTC.
on
grounds therefor. T h e board sh all fix a day fo r a hearing
such petition and give notice th ereof to the petitioner. I f the
board sh all perm it such variation, it sh all be in the form o f a
resolution adopted b y at least tw o votes, and the variation sh all
apply to a ll buildings, installations, or conditions w here the fa c ts
are su bstan tially the sam e a s those stated in the petition. T h e
resolution shall describe th e conditions under w hich the variation
sh all be perm itted and sh all be published in the bulletin o f the
departm ent. W h e re the variation affects prem ises or conditions
in the city o f N ew Y o rk , it sh all also be published in the C ity
R ecord o f N ew Y o rk C ity. A properly indexed record o f a ll
variation s sh all be kept in the office o f the departm ent and open
to public inspection.
Information to
Sec. 31. T h e owner, operator, m anager, or lessee o f any place
be given.
affected by the provisions o f th is chapter, or his agent, superin
tendent, subordinate, or employee, and any person em ploying or
directing any labor affected by such provision shall, w hen re-*
quested by the com m ission or board, furnish any inform ation in
his possession or under his control w hich the com m issioner or
board is authorized to req u ire ; sh all answ er tru th fu lly a ll ques
tions authorized to be put to h im ; sh all adm it the com m issioner, a
deputy commissioner, or other officer or em ployee o f th e depart
m ent, to any place w hich is affected by the provisions o f th is
chapter fo r the purpose o f m aking inspection or enforcing the
provisions thereof and the industrial code, and sh all render assist
ance necessary fo r a proper inspection.
Obstruction of
Sec. 32. No person shall interfere with, obstruct, or otherwise
officers.
hiDder any officer or employee of the department in the perform
ance of his duties.
Sec. 33. W h en ever the com m issioner or board or any person
Notice.
affected by the provisions o f th is chapter is required to give notice
in w ritin g to any person, such notice m ay be given by m ailin g it
in a letter addressed to such person at his last know n place o f
business or by delivering it to him personally. N otice to a part
nership m ay be given to an y o f the partners and notice to a corpo
ration m ay be given to an y officer or agent thereof upon w hom a
sum m ons m ay be served as provided by the Code o f C ivil Proce
dure. W h en ever an order or dem and o f the departm ent is re
quired to be served it sh all be served in the m anner hereinbefore
provided fo r the service o f a notice or by delivering it to any per
son o f suitable age and discretion in charge o f the prem ises a f
fected by such order, or i f no person is found in charge by affixing
a copy th ereof conspicuously upon the premises.
Record
censes.
o f li
Report.
Old records.
Process.
Oaths.
H earings.
Sec. 34. The department shall keep records of all licenses, per
mits, or certificates issued, revoked, or amended by it and publish
lists thereof at such times and in such forms as it may determine.
Sec. 35. T h e com m issioner sh all m ake an annual report o f the
departm ent to the legislatu re on or before the first day o f
F ebruary.
Sec. 36. A ll statistics and other documentary m atter filed w ith
the departm ent m ay be destroyed by the com m issioner a fte r the
expiration o f six years from the filing thereof.
Sec. 37. A ll notices or orders shall be given by and in the name
of the department by the commissioner, by the industrial board
or a member thereof, or by the deputy commissioner or other
officer or employee thereunto duly authorized.
Sec. 38. The commissioner, a member of the industrial board,
the deputy commissioner, a referee, and any other officer or em
ployee of the department, if duly authorized by the commissioner,
may administer oaths and take affidavits in matters relating to
the provisions of this chapter and the workmen’s compensation
law.
Sec. 39. T h e com m issioner, the m em bers o f the industrial board,
the deputy com m issioner, and referee shall have p o w e r:
1.
T o issue subpoenas fo r and compel the attendance o f w it
nesses and the production o f books, contracts, papers, documents,
and other eviden ce;
91
TEXT OF LAWS— NEW YORK.
2.
T o hear testim ony and take or cause to be taken depositions
o f w itnesses residing w ithin or w ithout th is State in the manner
prescribed by la w fo r like depositions in civil actions in th e
suprem e court. Subpoenas and com m issions to take testim ony
sh all be issued under the seal o f the departm en t
Sec. 40. Any investigation, inquiry, or hearing which the commissioner or board has power to undertake or to hold may by
special authorization be undertaken or held by or before any of
the officers of the department, and any decision rendered on such
investigation, inquiry, or hearing, when approved and confirmed
by the commissioner or board and ordered filed in the office, shall
be the order of the department.
Proceeding*,
S e c . 41. The com m issioner and the board sh all not be bound b y . Rules for hear*
technical rules o f evidence and shall conduct a ll hearings a c c o r d -ings*
ing to procedure prescribed by them, respectively.
A b t ic e e I I L
S e c t i o n 110 (a s amended by chapter 642, A cts o f 1 9 2 1 ). 1. A n y duSdaTboard.111
person in interest, or his duly authorized agent, m ay petition the
industrial board fo r a review o f the valid ity or reasonableness o f
any rule or order m ade under the provisions o f this chapter.
2. T h e petition sh all be verified, sh all be filed w ith the com
m issioner, and sh all state the rule or order proposed to be re
viewed and in w h at respects it is claim ed to be invalid or unrea
sonable. A n y objections to the rule or order not raised in the
petition shall be deemed w aived. T h e board m ay join in one
proceeding a ll petitions alleging in validity or unreasonableness o f
substantially sim ilar rules or orders. T h e filing o f such petition
shall operate to stay a ll proceedings under such rule or order
until the determ ination o f such review.
3. T h e board sh all order a hearing, i f necessary, to determine
the issues raised, or if the issues have been considered in a prior
proceeding the board m ay w ithout hearing confirm its previous
determination. N otice o f the tim e and place o f hearing shall be
given to the petitioner and to such other persons as the board
m ay-determ ine.
4. I f the board finds th at the rule or order is invalid or unrea
sonable it shall revoke or amend the same.
5. T h e decision o f the board sh all be final, unless w ithin th irty
days a fter it is filed one o f the parties commences an action as
provided in section one hundred and eleven.
S e c . 111. 1. A n y person in interest m ay bring an action in the
supreme court against the departm ent to determine the valid ity
and reasonableness o f any provisions o f th is chapter or o f the
rules m ade in pursuance thereof or o f any order directing com- By courts*
pliance th erew ith : Provided, T h a t no such action to determine
the valid ity and reasonableness o f any rule or order sh all be
brought except as an appeal from the determ ination o f the board
as provided in section one hundred and ten.
2. I f the action is an appeal from a determ ination o f the board
it sh all file w ith the clerk o f the court a certified copy o f the
record o f its hearings in the m atter.
3. T h e court m ay refer any issue arising in such action to the
board fo r further consideration. A t any tim e during such action
the party appealing m ay apply to the court w ithout notice fo r an
order directing any question o f fa ct arising upon any issue to be
tried and determined by a ju ry, and the court shall thereupon
cause such question to be stated fo r tria l accordingly and the
findings o f the ju r y upon such question sh all be conclusive. A p
peals m ay be taken from the supreme court to the appellate divi
sion o f the supreme court and to the court o f appeals in such
cases, subject to the lim itation s provided in the Code o f C ivil
Procedure.
S e c . 112. 1. E v ery provision o f this chapter and o f the rules
Validity,
m ade in pursuance thereof, and every order directing compliance
92
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
therewith, shall be valid, unless declared invalid in a proceeding
brought under the provisions o f section one hundred and ten.
E xcept as provided in section one hundred and eleven, no court
sh all have jurisdiction to review or annul any such provision or
order or to restrain or interfere w ith its enforcem ent.
2. E very such provision, rule, or order shall in a prosecution
or action to impose a penalty fo r its violation be deemed v alid
unless prior thereto such provision, rule, or order has been re
voked or modified by the board or annulled by a court pursuant
to sections one hundred and ten and one hundred and eleven, or
unless such proceeding is pending, in which case the prosecution
©r action shall be stayed by the court pending the final determ ina
tion thereof.
I f any such prosecution or action is commenced
against a defendant who has not previously been served w ith an
order to com ply w ith such provision, or who has been served
w ith such an order but has not had a reasonable opportunity
to com ply therewith, and if w ithin five days the defendant com
mences proceedings under the provisions o f sections one hundred
and ten and one hundred and eleven, the prosecution or action
sh all be stayed as if such proceeding w ere pending at the tim e it
w as commenced.
[T h e personnel o f the department o f labor consists o f the com
m issioner, a deputy, three assistan ts to the com m issioner, three
m em bers o f the industrial board, a secretary and assistants, and
statisticians, clerks, inspectors, investigators, etc., in excess o f
700 em ployees and officials,
show n by the latest report a v a il
able.]
as
NORTH CAROLINA,
CONSOLIDATED STATUTES—1919.
Department of labor and printing.
S e c t i o n 7309. A department of labor and printing is hereby Department
created and established. The duties of the department shall b e created*
exercised and discharged by a commissioner, who shall be desig
nated as commissioner of labor and printing, and an assistant
commissioner, who shall be appointed by the commissioner, and
who shall be a practical printer.
S e c . 7 3 10 . The commissioner shall be elected by the people in commissioner,
the same manner as is provided for the election of the secretary
of state. His term o f office shall be four years. The office o f
the department shall be kept in the city of Raleigh and same
shall be provided for as are other public offices of the State. The
assistant commissioner shall perform the duties of the commis
sioner in his absence from office or in case of a vacancy therein.
S e c . 7311. The commissioner, aided by the assistant commisD u t i e s and
sioner, shall collect and collate information and statistics con- P°wers*
cerning labor and its relation to capital, the hours of labor, the
earnings of laborers and their educational, moral, and financial
condition, and the best means of promoting their mental and
moral and material welfare; shall also collect and collate in
formation and statistics concerning the various mining, milling,
and manufacturing industries in this State, their location,
capacity, and actual output of manufactured products, the kind
and quantity o f raw material annually used by them and the
capital invested therein; shall also collect and collate information
and statistics concerning the location, estimated and actual horse
power and conditions o f valuable water powers, developed and
undeveloped, in this State; also concerning farm lands and farm
ing, the kinds, character, and quantity of the annual farm prod
ucts in this State; also of timber lands and timbers, truck
gardening, dairying, and such other information and statistics
concerning the agricultural and industrial welfare of the citizens
of this State as he may deem to be o f interest and benefit to the
public, and shall also perform the duties o f mine inspector as
prescribed in the chapter entitled mines; and shall have the
powers and perform the duties in relation to the public printing
that are set forth in this chapter.
S e c . 7312. The commissioner shall annually publish a report,
Reports,
embodying therein such information and statistics as he may
deem expedient and proper, which report shall be printed and
paid for by the State just as the reports of other public officers
are printed and paid for. The number of copies of such report
to be printed to be designated by the commissioner. The dis
tribution of the reports will be paid for from the general fund
and not from the appropriation. The commissioner shall send or
cause to be sent a copy o f the report to every newspaper in this
State and a copy to each member o f the general assembly; a
copy to each of the several State and county officers; a copy to
each labor organization in the State, and a copy to any citizen
who may apply for the same either in person or by mail, and
he may also send a copy to such officers of other States and
Territories and to such corporations or individuals in other States
and Territories as may apply for the same or as he may think
proper. He shall also make a full report to the governor as
other State officers are required to do, embodying therein such
93
49735°—23-----7
94
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
recommendations as he may deem calculated to promote the
efficiency of his department.
[The salary of the commissioner of labor and printing is $3,000
per annum, of the assistapt commissioner $2,500, a bookkeeper
and stock man $1,800, and a stenographer $1,200. Traveling
expenses are also allowed while on duty.
An act of 1923, approved March 2, provides for a “ division
devoted to the deaf,” at the head of which is to he “ a competent
deaf man,” who may also assist in other duties as assigned by
the commissioner.]
NORTH DAKOTA.
CONSTITUTION.
Department of agriculture and labor— Commissioner.
S e c t i o n 82. There shall be chosen by the qualified electors of
C om m issioner
the State at the times and places of choosing members of the leg- to be elected,
islative assembly, * * * one commissioner of agriculture and
labor, who shall have attained the age of twenty-five years, shall
be citizens of the United States, and shall have the qualifications
of State electors. They shall severally hold their offices at the
seat of government, for the term of two years and until their suc
cessors are elected and duly qualified. * * *
REVISED CODES OF 1913.
P o l i t i c a l C o d e .—Department
of agriculture and labor— Commis
sioner.
S e c t i o n 163. It shall be the duty of the commissioner of agriDuty of comculture and labor to collect, systematize, and present in biennialmissl0ner*
reports to the legislative assembly statistical details relating to
all labor departments in the State, such as hours and wages of
labor, the estimated number of persons employed by the several
industries within the State, the operation of labor-saving ma
chinery and its relation to hand labor, a description of the differ
ent kinds of labor organizations in existence in this State, and
what they have accomplished in favor of the class for which they
were organized. Such statistics may be classified as the commis
sioner of agriculture and labor deems best.
S e c . 164. It shall be the duty of all State, county, township, and Duty of officials,
municipal officers to furnish upon the written request of the
commissioner of agriculture all the information in their power
necessary to assist in carrying out the objects of this article. For
the purpose of obtaining statistics relating to manufactures and
mining the commissioner of agriculture shall procure in a manner
that may seem best to him, the names and addresses of all the
manufacturers and mine owners and operators in the State, and
shall transmit by mail to each owner, operator, or manager of Owners of faceach shop, mill, manufacturing establishment, or mine, not latertones* etc*
than the first day of July of each year, suitably prepared blanks
embodying inquiries into the subjects upon which the commis
sioner is required or authorized to prepare statistics, which blanks
shall be filled out complete and returned to the commissioner not
later than the first day of August following. The information so
obtained shall be preserved, systematized, and tabulated by the
commissioner, but no information concerning the business or
affairs of any individual, firm, company, or corporation shall be
divulged or in any manner made public by the commissioner or
any one in the employ of his office, ; nd any violation of this pro
vision shall subject the party violating to a fine of not more than Penalty,
five hundred dollars or to imprisonment of not more than one
year, or both such fine and imprisonment. The refusal or neglect
of any such owner, operator, or manager of any shop, mill, manu
facturing establishment, or mine to supply the information asked
by the commissioner within the time designated shall be con
strued as a violation of section 165, and shall subject the party
so offending to the penalties therein prescribed: Provided, That
no prosecution shall be begun against such persons for such
neglect or refusal until at least twenty days after a second notice
and blank shall have been mailed them by the commissioner.
95
96
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
S e c . 165. Any person who willfully impedes or obstructs the
commissioner in the full and free performance of his duties shall
be guilty of a misdemeanor and upon conviction shall be punish
able by a fine of not less than ten nor more than fifty dollars, or
by imprisonment of not less than seven nor more than thirty days
in the county jail, or by both. The refusal or neglect of any per
son for himself or for any person, firm, company, or corporation of
which he may be a member, or agent, to furnish the information
or statistical statement required to be furnished to assessors,
shall be construed to be a violation of the provisions o f this sec
tion, and it is hereby made the duty of the county auditor to re
port such violation, with the names and post-office address and
place of residence of the violator as furnished him by the as
sessor to the State’s attorney for the county in which such viola
tions occurred, and the State’s attorney shall forthwith proceed
to enforce the penalty provided in this section against such per
sons; and he is hereby authorized to subpoena the assessor and
such other witnesses as may be necessary, and to introduce the
assessor’s returns in evidence.
Powers.
S e c . 1 0 6 . He shall have power to send for persons, books, and
papers whenever in his opinion it is necessary, and he may ex
amine witnesses under oath, being hereby authorized to admin
ister the same in the performance of his duty, and the testimony
so taken must be filed and preserved in his office.
S e c . 170. The commissioner shall report to the legislative asCoai mining, sembly the number of coal mines being operated within the State,
the number of tons of coal being mined annually, the number of
persons employed in coal mining, the wages paid coal miners, and
the cost per ton to mine coal at the different mines. The com
missioner is hereby authorized to give out to the press of this or
Reports may 0ther States at any time such parts of any reports in course
be given press.
preparation as may be sufficiently concluded to admit of publi
cation, or such information regarding the statistics of the State
as may in his judgment be of interest or value to the people, the
design being to furnish to the people through the press as fresh
information regarding the State and its industries and condition
as possible without awaiting the official publication through bien
nial or other reports.
Salary.
S e c . 171. The commissioner of agriculture and labor shall re
ceive an annual salary of three thousand dollars, and shall reside
at the capital of the State.
[The commissioner is also State statistician and head of the
free employment service. To assist him there are a deputy com
missioner and an office deputy, a chief clerk, and stenographers.]
O b s tr u c tin g
commissioner.
OHIO.
ACTS OF 1921.
(P a g e 1 0 5 .)
Department of industrial relations.
S e c t io n
154-3. The following administrative departments are
created:
*
*
*
*
*
The department o f industrial relations, which shall be administered by the director of industrial relations, hereby created.
*
♦
*
*
*
The director of each department shall, subject to the provisions
of this chapter, exercise the powers and perform the duties vested
by l&w in such department
S e c . 154-4. Each director whose office is created by section
154-3 o f the General Code shall be appointed by the governor by
and with the advice and consent o f the senate, and shall hold his
office during the pleasure o f the governor.
S e c . 154-5. In each department there shall be an assistant director, who shall be designated by the director to fill one of the offices
within such department, enumerated in section 154-6 o f the Gen
eral Code, or as the head of one of the divisions created within
such department as authorized by section 154-8 of the General
Code. When a vacancy occurs in the office of director of any de
partment, the assistant director thereof shall act as director of
the department until such vacancy is filled.
S e c . 154-6. Offices are created within the several departments as
follow s:
*
*
*
*
*
In the department o f industrial relations chiefs of divisions as
follow s:
Factory inspection.
Labor statistics.
Mines.
♦
*
*
*
Department
created.
Director,
Appointment.
Assistant
Divisions,
*
154-7. The officers mentioned in sections 154-5 and 154-6 o f Appointment of
the General Code shall be appointed by the director of the depart- officers*
ment in which their offices are respectively created, and shall
hold office during the pleasure o f such director.
S e c . 154-8. The officers mentioned in sections 154-5 and 154-6
Duties,
of the General Code shall be under the direction, supervision, and
control of the directors of their respective departments, and shall
perform such duties as such directors shall prescribe.
S ec.
*
*
*
*
*
154-15. The director o f each department may, with the ap- A d v i s o r y
proval of the governor, establish and appoint advisory boards to hoards,
aid in the conduct of the work of his department or any division
or divisions thereof. Such advisory boards shall exercise no ad
ministrative function, and their members shall receive no com
pensation, but may receive their actual and necessary expenses.
S e c . 1 5 4 -1 6 . Each officer whose office is created by sections Entire time to
1 5 4 - 3 , 1 5 4 - 5 , and 1 5 4 -6 of the General Code shall devote his entire be eivcntime to the duties of his office, and shall hold no other office or
position of profit. In addition to his salary provided by law, each
such officer and each member of the boards and commissions in the
departments created by this chapter shall be entitled to his actual
and necessary expenses incurred in the performance of his official Expense,
duties.
Sec.
97
98
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Offices.
S e c . 15 4 r -17 . Each department shall maintain a central office in
the. city of Columbus. The director of each department may, in
his discretion and with the approval of the governor, establish
and maintain, at places other than the seat of government, branch
offices for the conduct of any one or more functions of his de
partment
Hours of labor.
S e c . 154r-20. All employees in the several departments shall
render not less than eight hours of labor each day, Saturday
afternoons, Sundays, and days declared by law to be holidays
excepted in cases in which, in the judgment of the director, the
public service will not thereby be impaired.
Leave of ab
Each employee in the several departments shall be entitled
sence.
during each calendar year to fourteen days’ leave of absence with
full pay. In special and meritorious cases where to limit the
annual leave to fourteen days in any one calendar year would
work peculiar hardships, it may, in the discretion of the director
of the department, be extended. No employee in the several
departments, employed at a fixed compensation, shall be paid for
any extra services, unless expressly authorized by law.
Duties.
S e c . 154r-45. The department of industrial relations shall have
all powers and perform all duties vested by law in the industrial
commission of Ohio, excepting the following:
Those powers and duties of the commission which it exercises
as successor of the State liability board of awards, the State
board of arbitration, the board of boiler rules, and in the investi
gation, ascertainment, and determination of standards, devices,
safeguards, and means of protection, * * * which shall con
tinue to be exercised and performed by the industrial commis
sion of Ohio in the manner provided by law for the exercise
of such powers and the performance of such duties.
Industrial com
The industrial commission of Ohio shall be a part of the
mission.
department of industrial relations for administrative purposes
in the following respects: The director of industrial relations
shall be ex officio the secretary of said commission, shall succeed
to and perform all of the duties of the secretary of said com
mission, and shall exercise all powers of said secretary as pro
vided by law ; but such director may designate any employee of
the department as acting secretary to perform the duties and
exercise the powers of secretary of the commission. All clerical,
inspection, and other agencies for the execution of the powers
and duties vested in the said industrial commission shall be
deemed to be in the department of industrial relations, and the
employees thereof shall be deemed to be employees of said de
partment and shall have and exercise all authority vested by
law in the employees of such commission. But the industrial
commission of Ohio shall have direct supervision and control
over, and power of appointment and removal of such employees
whose position shall be designated by the governor as fully sub
ject to the authority of such commission.
T1 e commission may appoint advisers, who shall without com
pensation assist the commission in the execution o f the powers
and duties retained by it under this section.
ACTS OF 1918.
(Page 9 5.)
Industrial commission.
Membership.
Qualifications.
871-1 (as amended by act, page 58, Acts of 1919). The
industrial commission of Ohio, heretofore created, shall be com
posed of three members, to be appointed by the governor, with the
advice and consent of the senate. Such appointment shall be
made to take effect upon the expiration of the present term of
each member, and each of such appointments hereafter made shall
be for the term of six years. Not more than one of the appointees
to such commission shall be a person who, on account of his pre
vious vocation, employment, or affiliations can be classed as a
S e c t io n
99
TEXT OF LAWS— OHIO,
representative o f employers; and not more than one of such ap
pointees shall be a person who, on account of his previous vocation,
employment, or affiliations can be classed as a representative of
employees; not more than two of the members of said commis
sion shall belong to the same political party.
S e c . 871-2. The governor at any time shall remove any member
of the industrial commission of Ohio for inefficiency, neglect of
duty, malfeasance, misfeasance, or nonfeasance in office.
Removal.
Sec. 871-3. No commissioner shall hold any position of trust Inconsistent po
or profit, or engage in any occupation or business, interfering sitions.
or inconsistent with his duties as such commissioner, and no com
missioner shall serve on any committee of any political party.
Sec. 871-4 (as amended by act, page 169, Acts of 1917). Each Salary.
of the members of the industrial commission of Ohio shall re
ceive an annual salary of five thousand dollars, payable in the
same manner as the salaries of other State officers are paid.
Before entering upon the duties of his office, each member of
said commission shall take and subscribe the constitutional oath
of office and shall swear or affirm that he holds no position under
any committee of a political party, which oath or affirmation shall
be filed in the office of the governor. Each member of said com
mission shall give a bond in the sum of ten thousand dollars,
which bond shall be approved by the governor and filed with the
treasurer of state. All employees or deputies of the said com
mission receiving or disbursing funds of the State shall give bond
to the State in amounts and with surety to be approved by said
commission.
S e c . 871-5 (as amended by act, page 157, Acts of 1917). The
industrial commission of Ohio shall choose one of its members as
chairman. A majority of such commission shall constitute a quo
rum to transact business. No vacancy shall impair the rights of
the remaining commissioners to exercise all of the powers of said
commission so long as a majority remains; any investigation, in
quiry, or hearing which said commission is authorized to hold, or
undertake, may be held or undertaken by or before any one mem
ber of said commission, or by or before one of its deputies, and
every order made by a member thereof, or by one of its duly
authorized deputies, when approved and confirmed by a majority
of its members, and so shown on its record of proceedings, shall
be deemed to be the order of said commission.
S e c . 871-6. The commission shall keep and maintain its office
in the city of Columbus, Ohio, and shall provide suitable room
or rooms, necessary office furniture, supplies, books, periodicals,
maps, and appliances as they deem necessary, the expense thereof
to be audited and paid in the same manner as other State ex
penses. The commission may hold sessions in any place within
the State of Ohio.
S e c . 871-7. The commissioners, employees and deputies of the
commission shall be entitled to receive from the State their neces
sary and actual expenses while traveling on business o f the com
mission, either within or without the State of Ohio. Such ex
penses shall be presented in an account verified by the person who
incurred the expense, approved by the chairman o f the commis
sion, and shall be audited and paid as other similar expenses are
audited and paid.
S e c . 871-8. The commission shall have an official seal for the
authentication of its orders and proceedings, upon which seal
shall be engraved the words, “ The Industrial Commission of
Ohio,” and such other design as the commission may prescribe;
and the courts in this State shall take judicial notice of the seal
of the said commission, and in all cases copies of orders, proceed
ings, or records in the office of the industrial commission of Ohio,
certified by the secretary of the said commission under its seal,
shall be equal to the original as evidence.
S ec. 871-9 (as amended by act, page 157, Acts of 1917). The
industrial commission of Ohio shall be in continuous session and
Oath.
Bond.
Organization.
Office.
Expenses.
Official seal.
Judicial notice,
Sessions.
100
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
open for the transaction of business during all business hours of
each and every day, excepting Sundays and legal holidays. The
sessions of said commission shall be open to the public and shall
stand and be adjourned without further notice thereof on its
Records.
record. All of the proceedings of said commission shall be shown
on its record, which shall be a public record, and all voting shall
be had by calling each member’s name by the secretary, and each
member’s vote shall be recorded on the record of proceedings as
cast. Said commission shall keep a separate record of its pro
ceedings relative to claims coming before it for compensation for
injured and the dependents of killed employees, which record
shall contain its findings and the award in each such claim for
compensation considered by it, and in all such claims the reason
or reasons for the allowance or rejection thereof shall be stated
in said record. Said commission may hold sessions at or in any
place in the State of Ohio.
Rules of proS e c . 8 7 1 - 1 0 . Subject to the provisions of this act, the commiscedure.
sion may adopt its own rules of procedure and may change the
same from time to time in its discretion.
Sec. 871-14. The commission is authorized and empowered to
employ, promote, and remove a secretary or secretaries, deputies,
clerks, stenographers, and other assistants as needed; to fix com
pensation, and to assign to them their duties. Such employments
and compensation to be first approved by the governor.
E m p l o y e r to
S e c . 8 7 1 - 1 8 . Every employer shall furnish to the commission
Assistants.
furnish
t0“*
information required by it to carry into effect the provisions
of this act and shall make specific answers to all questions sub
mitted by the commission relative thereto.
informa- a u
Blanks to be
Sec. 871-19. Any employer receiving from the commission any
filled out.
blanks calling for information required by it to carry into effect
the provisions of this act, with directions to fill out the same,
shall cause the same to be properly filled out so as to answer
fully and correctly each question therein propounded, and in case
he is unable to answer any question, he shall give a good and
sufficient reason for such failure; and said answers shall be veri
fied under oath by the employer, or by the president, secretary,
or other managing officer of the corporation, if the employer is
a corporation, and returned to the commission at its office within
the period fixed by the commission.
Entering work
S e c . 8 7 1 -2 0 . Any commissioner or deputy of the commission
places.
may enter any place of employment for the purpose of collecting
facts and statistics, examining the provisions made for the health,
safety, and welfare of the employees therein,’ and bring to the
attention of every employer any law or any order of the com
mission, and any failure on the part of such employer to comply
therewith. No employer shall refuse to admit any commissioner
or deputy of the commission to his place of employment.
P o w e r and
S e c . 8 7 1 - 2 1 . The industrial commission of Ohio is vested with
jurisdiction.
the power and jurisdiction on and after the first day of Septem
ber, 1 9 1 3 , to have such supervision of every employment and
place of employment and of every other building and establish; ment in this State as may be necessary adequately to enforce and
' administer all laws and all lawful orders requiring such employ
ment and place of employment or building or establishment, to be
safe, and requiring the protection of the life, health, safety, and
welfare of every employee in such emplqyment or place of employ
ment, and every frequenter of such place of employment, in
cluding the power to regulate the hours of labor of employees
in such employments and places o f employment, with regard to
the health and welfare of such employees to such extent as the
nature of the employment will reasonably permit, not inconsistent
with law.
S e c . 871-22. It shall also be the duty of the industrial commis
sion, and it shall have full power, jurisdiction and authority:
Appointment oi
(1) To appoint advisers, who shall without compensation,
advisers.
assist the industrial commission in the execution of its duties;
to retain and assign to their duty any or all officers, subordinates.
TEXT OF LAWS— OHIO.
101
and clerks o f the commissioner of labor statistics, the chief in
spector of mines, the chief inspector of workshops and factories,
the chief examiner o f steam engineers, the board of boiler rules,
chief inspector of steam boilers, the State board of arbitration
and conciliation, and the State liability board of awards.
(2) On and after the first day of September, 1913, to adminis Enforcement ol
ter and enforce the general laws of this State relating to mines, laws.
manufacturing, mechanical, electrical, art and laundering estab
lishments, child labor, employment of minors, explosives, printing,
telegraph and telephone offices, railroad depots, hotels, memorial
buildings, tenement and apartment houses, schoolhouses, colleges,
opera houses, halls, theaters, churches, infirmaries, children’s
homes, hospitals, medical institutes, asylums, and other buildings
used for the assemblage or betterment of people in the State,
bakeries, employment offices, stores, intelligence offices and bu
reaus, manufacturers o f cigars, sweat shops, fire escapes, and
means of egress from buildings, scaffolds, hoists, ladders, and
other matters relating to the erection, repair, alteration, or
painting of buildings and structures, employment o f females,
hours of labor, licensed occupations, and school attendance and
all other laws protecting the life, health, safety, and welfare of
employees in employments and places of employment, frequenters
o f places o f employment, or relating to the health and safety
of persons occupying or assembled in the structures named above,
on and after the first day of September, 1913.
(3) To investigate, ascertain, and on and after the first day of Hours of la
September, 1913, to declare and prescribe what hours of labor, bor, safety do
safety devices, safeguards, or other means or methods of protec vices, etc.
tion are best adapted to render the employees of every employment
and place of employment and frequenters o f every place of em
ployment, safe, and to protect their welfare as required by law
or lawful orders, and to establish and maintain museums of
safety and hygiene in which shall be exhibited safety devices,
safeguards and other means and methods for the protection of
life, health, safety, and welfare of employees.
(4) To ascertain and on and after the first day of September, Fixing stand
1913, to fix such reasonable standards and to prescribe, modify ards.
and enforce such reasonable orders for the adoption o f safety
devices, safeguards, and other means or methods o f protection to
be as nearly uniform as possible as may be necessary to carry
out all laws and lawful orders relative to the protection of the
life, health, safety, and welfare o f employees in employments and
places of employment or frequenters of places of employment.
(5) To ascertain, and on and after the first day of September, Same.
1913, fix and order such reasonable standards for the construc
tion, repair, and maintenance of places of employment as shall
render them safe.
(6) To investigate, ascertain, and determine such reasonable Classification.
classifications of persons, employments, and places o f employ
ment as shall be necessary to carry out the purposes of this act.
(7) To adopt reasonable and proper rules and regulations rela Rules and regu
tive to the exercise of its powers and authorities, and proper lations.
rules to govern its proceedings and to regulate the mode and
manner of all investigations and hearings; such rules and regu
lations shall not be effective until ten days after their publica
tion. A copy of such rules and regulations shall be delivered to
every citizen making application therefor, and a copy delivered
with every notice of hearing.
(8) To do all in its power to promote the voluntary arbitra Arbitration.
tion, mediation, and conciliation of disputes between employers
and employees and to avoid the necessity o f resorting to lockouts,
boycotts, blacklists, discriminations, and legal proceedings in mat
ters of employment. In pursuance of this duty it may appoint
temporary boards o f arbitration, provide the necessary expenses
of such boards, order reasonable compensation not exceeding five
dollars per day for each member engaged in such arbitration,
prescribe rules of procedure for such arbitration boards, conduct
102
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
investigations and hearings, publish reports and advertisements,
and may do all other things convenient and necessary to accom
plish the purposes directed in this act. The commission shall
designate a deputy to be known as chief mediator and may detail
other deputies from time to time to act as assistants for the
purpose of executing these provisions. The deputies may act on
temporary boards without extra compensation.
Free
employ
(9)
To establish and conduct free employment agencies, and
ment agencies.
on and after the first day o f September, 1913, to license and super
vise the work of private employment offices to do all in its power
to bring together employers seeking employees and working people
seeking employment, to make known the opportunities for selfemployment in this State, to aid in inducing minors to undertake
promising skilled employments, and to encourage wage earners to
insure themselves against distress from unemployment. It shall
investigate the extent and causes o f unemployment in the State
Unemployment. 0 f Q h i 0 and the remedies therefor in this and other States and
countries, and it shall devise and adopt the most efficient means
in its power to avoid unemployment, to provide employment, and
to prevent distress from involuntary idleness,
statistical in(io ) To collect and collate and publish all statistical and
irmatiou.
other information relating to employees, employers, employments,
and places o f employment and such other statistics as may be
necessary and to make public reports in its judgment necessary.
Licensing steam
( U ) On and after September 1, 1913, to examine and license
engineers, etc.
persons who desire to act as steam engineers, and persons who
desire to operate steam boilers and persons who desire to act as
inspectors o f steam boilers; to provide for the scope, conduct,
and time o f such examinations, to provide for, regulate, and en
force the renewal and revocation of such licenses, to inspect and
examine steam boilers, and to make, publish, and enforce rules
and regulations and orders for the construction, installation, in
spection, and operation o f steam boilers and all appliances con
nected with steam boilers, and to do and require and enforce all
things necessary to make such examination, inspection, and re
quirement efficient
Offices.
( 1 2 ) To rent and furnish offices as needed in cities in this
_
.
. State for the conduct o f its affairs,
p iw ^ o f EmployS e c . 8 7 1 -2 3 . ( 1 ) Upon petition after the first day of September,
ment.
1 9 1 3 , by any person that any employment or place o f employ
ment is not safe or is injurious to the welfare of any employee or
frequenter, the commission shall proceed, with or without notice,
to make such investigation as may be necessary to determine the
matter complained of.
Entry of order. (2 ) After such hearing as may be necessary the commission
may enter such order relative thereto as may be necessary to ren
der such employment or place o f employment safe and not in
jurious to the welfare o f the employees therein or frequenters
thereof.
ownmotion.upOD
( 3 ) Whenever the commission shall learn that any employment
or place of employment is not safe or is injurious to the welfare
of any employee or frequenter, it may o f its own motion sum
marily investigate the same, with or without notice, and issue
such order as may be necessary thereto.
Transfer of dw
S e c . 871-24. All duties, liabilities, authority, powers, and privi
ties and powers. legeg c o n f e r r e d and imposed by law upon the commissioner o f
labor statistics, special agents for the commissioner o f labor
statistics, chief inspector of mines, district inspectors o f mines,
chief inspector of workshops and factories, first assistant chief
inspector o f workshops and factories, second assistant chief in
spector o f workshops and factories, district inspectors o f work
shops and factories, chief examiner o f steam engineers, assistant
chief examiner o f steam engineers, district examiners o f steam
engineers, the board o f boiler rules, head o f the department o f the
board o f boiler rules, and chief inspector of steam boilers, assist
ant chief inspector o f steam boilers, general inspectors o f steam
boilers, special inspector o f steam boilers, State board o f arbitra-
ttsrr
laws—onto,
103
tion and conciliation, are hereby imposed upon the Industrial
Commission o f Ohio and its deputies on and after the first day of
September, 1913.
All laws relating to the commissioner o f labor statistics, special Laws appiicaagents of the commissioner of labor statistics, chief inspector o f bl* $° the «>m*
mines, district inspectors of mines, chief inspector of workshops nussion*
and factories, first assistant chief inspector of workshops and
factories, second assistant chief inspector of workshops and fac
tories, district inspectors o f workshops and factories, chief ex
aminer of steam engineers, assistant chief examiner of steam
engineers, district examiners of steam engineers, the board of
boiler rules, head o f the department of the board of boiler rules,
and chief inspector of steam boilers, assistant chief inspector o f
steam boilers, general inspectors of steam boilers, special in
spectors of steam boilers, State board of arbitration and concilia
tion, on and after the first day o f September, 1913, shall apply
to, relate, and refer to the Industrial Commission of Ohio and
its deputies. Qualifications prescribed by law for said officers
and their assistants and employees shall be held to apply, wher
ever applicable to the qualifications o f the deputies of the com
mission assigned to the performance of the duties now cast upon
such officers, assistants, and employees.
S e c . 871-25. All orders of the Industrial Commission o f Ohio Or der s prima
in conformity with law shall be in force and shall be prima fa c ie facie lawful,
reasonable and law fu l; and all such orders shall be valid and in
force and prima facie reasonable and lawful until they are found
otherwise in an action brought for that purpose pursuant to the
provisions of section 41 of this act, or until altered or revoked by
the commission.
S e c . 8 7 1 -2 6 . ( 1 ) All general orders shall take effect within Orders in efthirty days after their publication. Special orders shall tak efect*
effect as therein directed.
(2) The commission shall, upon application o f any employer,
grant such time as may be reasonably necessary for compliance
with any order.
(3) Any person may petition the commission for an extension
of time, which the commission shall grant if it finds such exten
sion of time necessary.
S e c . 871-27. (1) Any employer or other person interested, either P e t i t i o n for
because o f ownership in or occupation of any property affected by hearing,
any such order or otherwise, may petition for a hearing on the
reasonableness and lawfulness of any order of the commission in
the manner provided in this act.
(2) Such petition for hearing shall be by verified petition filed
with the commission setting out specifically and in full detail the
order upon which a hearing is desired and every reason why
such order is unreasonable or unlawful and every issue to be con
sidered by the commission on the hearing. The petitioner shall
be deemed to have finally waived all objection to any irregulari
ties and illegalities in the order upon which a hearing is sought
other than those set forth in the petition. All hearings o f the
commission shall be open to the public.
( 3 ) Upon receipt of such petition, i f the issues raised in such Procedure,
petition have theretofore been adequately considered, the com
mission shall determine the same by confirming, without hearing,
its previous determination, or, if such hearing is necessary to
determine the issues raised, the commission shall order a hear
ing thereon and consider and determine the matter or matters in
question at such time as shall be prescribed. Notice o f the time
and place o f such hearing shall be given to the petitioner and to
such other persons as the commission may find directly interested
in such decision.
(4) Upon such investigation, if it shall be found that the order
complained of is unlawful or unreasonable, the commission shall
substitute therefor such other« order as shall be lawful and
reasonable.
104
LAWS PROVIDING FOR BUREAUS OP LABOR, ETC,
E x t e n s i o n oi
time*
(5 ) W henever at the tim e o f final determ ination upon such
hearing it shall be found that fu rth er tim e is reasonably necessary
fo r com pliance w ith the order o f the com m ission, the com m ission
shall grant such tim e as m ay be reasonably necessary fo r such
com pliance.
S e c . 871-28. (1) Nothing contained in this act shall be construed to deprive the council of any city or village or any board
of trustees or officer of any city or village o f any power or juris
diction over or relative to any place o f employment: Provided,
{That whenever the industrial commission o f Ohio shall, by an
»rder fix a standard of safety or any hygienic condition for em
ployments or places o f employment, such order shall, upon the
filing by the commission of a copy thereof with the clerk o f the
village or city to which it may apply, be held to amend or modify
any similar conflicting local order in any particular matters gov
erned by said order. Thereafter no local officer shall make or
enforce any order contrary thereto.
Local orders in
(2) Any person affected by any local order in conflict with an
conflict.
order o f the commission may, in the manner provided in this act,
petition the industrial commission for a hearing on the ground
that such local order is unreasonable and in conflict with the
order o f the commission. The petition for such hearing shall con
form to the requirements set forth for a petition in section 27 of
this act.
Hearings.
(8) Upon receipt of such petition the commission shall order a
hearing thereon, to consider and determine the issues raised by
such appeal, such hearing to be held in the village or city where
the local order appealed from was made. Notice of the time and
place of such hearing shall be given to the petitioner and such
other persons as the commission may find directly interested in
such decision, including the clerk of the village, or the mayor o f
the village or city from which such appeal came. I f upon such
investigation it shall be found that the local order appealed from
is unreasonable and in conflict with the order of the commission,
the commission may modify its order and shall substitute *for
the local order appealed from such order as shall be reasonable
and legal in the premises, and thereafter the said local order
shall, in such particulars, be void and of no effect,
,
Action to set
Sec. 871-29. No action, proceeding or suit to set aside, vacate
aside orders.
or amend any order of the commission, or to enjoin the enforce
ment thereof, shall be brought unless the plaintiff shall have
applied to the commission for a hearing thereon at the time and
as provided in section 27 o f this act, and in the petition therefor
shall have raised every issue raised in such action.
Every order of the commission shall, in every prosecution for
violation thereof, be conclusively presumed to be just, reasonable
and lawful, unless prior to the institution of the prosecution for
such violation an action shall have been brought to vacate and
set aside such order, as provided in section 41 of this act.
Oaths and witS e c . 871-30. Each of the commissioners and the secretary of
the commission for the purposes mentioned in this act shall have
power to administer oaths, certify to official acts, issue subpoenas,
compel attendance of witnesses, and the production o f papers,
books, accounts, documents, and testimony. In case of the failure
o f any person to comply with any order of the commission or any
subpoena lawfully issued, or upon the refusal o f any witness to
testify to any matter regarding which he may be lawfully in
terrogated, it shall be the duty o f the common pleas judge of
any county in this State on the application of a commissioner, to
compel obedience by attachment proceeding for contempt, as in
the case of disobedience of the requirements of a subpoena issued
from such court or a refusal to testify therein.
Fees and mfle
S e c . 871-31. Each witness who shall appear before the commis
age.
sion by its order shall receive for his attendance the fees and
mileage now provided for witnesses in civil cases in the court
of common pleas, which shall be audited and paid by the State
Powers of local
officers.
TEXT OF LAWS— OHIO.
105
out o f the State treasury in the same manner as other expenses
are audited and paid, upon the presentation o f properly verified
vouchers approved by the chairman o f the commission. But no
witness subpoenaed at the instance o f the parties other than the
commission shall be entitled to compensation from the State fo r
attendance or travel, unless the commission shall certify that his
testimony was material to the matter investigated.
S e c . 8 7 1 -3 2 . The commission or any party may in any investigaD epositions,
tion cause deposition o f witnesses residing within or without the
State to be taken in the manner prescribed by law for like depo
sitions in civil actions.
S e c . 871-33. A fu ll and complete record shall be kept o f all
Record of proproceedings had before the commission on any investigation, and codings,
all testimony shall be taken down by a stenographer appointed
by the commission.
S e c . 871-34. Publication o f rules and orders o f the commisPublication of
sion shall be made by the commission in pamphlet form to be rules and orders*
furnished on demand at the office o f the commission. The ex
pense o f publication shall be audited and paid as are other
expenses o f the commission.
S e c . 871-35. (1 ) F or the purpose o f making any investigation
Agents, etc.
with regard to any employment or place o f employment, the
commission shall have power to appoint, by an order in writing,
any member o f the commission, any deputy, who is a citizen
o f the State, or any other competent person, who is a resident
o f the State, as an agent whose duty shall be prescribed in
such order.
(2 ) In the discharge o f his duties such agent shall have Powers and duevery power whatsoever o f an inquisitorial nature granted in ties.
this act to the commission and the same powers as a master
commissioner appointed by a court o f common pleas with regard
to taking testimony.
(3 ) The commission may conduct any number o f such investi- Contemjporanegations contemporaneously through different agents, and m a y ous lnvestlgation.
delegate to such agents the taking o f all testimony bearing
upon any investigation or hearing. The decision o f the commisDecision,
sion shall be based upon its examination o f all testimony and
records. The recommendations made by such agents shall be
advisory only and shall not preclude the taking o f further
testimony if the commission so orders, nor further investiga
tion.
S e c . 871-36. The commission shall have the authority to diSpecial proserect any deputy who is a citizen to act as special prosecutor cutorin any action, proceeding, investigation, hearing, or trial relat
ing to matters within its jurisdiction.
Upon the request o f the commission, the attorney general or
Attorney genthe prosecuting attorney o f the county in which any investiga- eral t0 assist*
tion, hearing, or trial had under the provisions o f this act is
pending, shall aid therein and prosecute under the supervision
o f the commission, all necessary actions or proceedings for the
enforcement o f this act and all other laws o f this State relating
to the protection o f life, health, safety, and welfare, and fo r
the punishment o f all violations thereof.
S e c . 871-37. A substantial compliance with the requirements
S u b s t a n t ia l
o f this act shall be sufficient to give effect to the c~ders o f compliance,
the commission, and they shall not be declared inoperative,
illegal, or void fo r any omission o f a technical nature in respect
thereto.
S e c . 8 7 1 -3 8 . Any employer or other person in interest being
Action to set
dissatisfied with any order o f the commission may commence as*de or modify
an action in the Supreme Court o f Ohio, against the commission or
as defendant to set aside, vacate, or amend any such order on
the ground that the order is unreasonable or unlaw ful and the
supreme court is hereby authorized and vested w ith exclusive
jurisdiction to hear and determine such action. The commis
sion shall be served with summons as in other civil cases. The
106
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
answer o f the commission shall be filed within ten days after
service o f summons upon it and with its answer it shall file
a certified transcript o f its record in said matter. Upon the
filing o f said answer said action shall be at issue and shall be
advanced and assigned for trial by the court, upon the applica
tion o f either party, at the earliest possible date,
s t a y of proS e c . 871-89. (1 ) I f upon the trial o f such action it shall ap
ceedings.
pear that all issues arising in such action have not heretofore
been presented to the commission in the petition filed as provided
in section 27 o f this act, or that the commission l a s not there
tofore had ample opportunity to hear and determine any o f the
issues raised in said act, or has fo r any reason not in fa ct heard
and determined the issues raised, the court shall, before pro
ceeding to render judgment, unless the parties to such action
stipulate to the contrary, transmit to the commission a fu ll state
ment o f such issue or issues not adequately considered and shall
stay further proceedings in such action for fifteen days from
the date o f such transmission and may thereafter grant such
further stay as may be necessary.
Altering, etc.
(2 ) Upon the receipt o f such statement, the commission shall
orders.
consider the issues not theretofore considered, and may alter,
m odify, amend, or rescind its order complained o f in said action,
and shall report its order thereon to said court within ten days
from the receipt o f the statement from the court fo r further
hearing and consideration.
(3 ) The court shall thereupon order such amendment or other
proceeding as may be necessary to raise the issues as changed
by such modification o f order as m ay have been made by the
commission upon the hearing, if any such modification has in
fact been made, and shall thereupon proceed with such action in
the manner provided by law for other civil actions.
W h a t court
S e c . 871-40. No court o f this State except the supreme court
has jurisdiction.
to the extent specified by this act, shall have jurisdiction to
review, vacate, set aside, reverse, revise, correct, amend or annul
any order o f the industrial commission o f Ohio, or to suspend or
delay the execution or operation thereof or to enjoin, restrain or
interfere with the commission in the perform ance o f its official
duties: Provided, That the w rit o f mandamus shall lie from the
said supreme court to the commission in all proper cases.
Pendency of ac
S e c . 871—11. The pendency o f an action to set aside, vacate or
tion not stay.
amend an order o f the commission shall not o f itself stay or
suspend the operation o f an order o f the com m ission; but, dur
ing the pendency o f said action the said supreme court in its
discretion may stay or suspend, in whole or in part, the operation
o f the commission’s order. But no order so staying or suspending
an order o f the commission shall be made by the said court other
Bond.
wise than upon three days’ notice and after hearing. In case the
order is stayed or suspended the order o f the court shall not be
come effective until a suspending bond first shall have been exe
cuted, filed with and approved by the commission, or by the said
court or the clerk thereof, payable to the State o f Ohio, and
sufficient in amount and security to insure the prompt payment
by the party petitioning to set aside, vacate or amend such order
o f all damages caused by the delay in the enforcement o f the
order o f the commission.
Preference of
S e c . 871-42. A ll actions and proceedings under this act, and
actions.
all actions or proceedings to which the industrial commission o f
Ohio or this State o f Ohio may be parties, and in which any
question arises under this act, or under or concerning any order
o f the industrial commission, shall be preferred over all other
civil cases, except election causes and causes involving or affect
ing the public utilities commission o f Ohio, irrespective o f position
on the calendar. The same preference shall be granted upon ap
plication o f the attorney o f the industrial commission in any ac
tion or proceeding in which he may be allowed to intervene.
V iolations.
S e c . 871-43. I f any employer, employee or other person shall
violate any provision o f this act or shall do any act prohibited
Time o f filing
answer.
107
TEXT OF LAWS---- OHIO.
by this act or shall fa il or refuse to perform any duty law fully
enjoined, within the time prescribed by the commission, for which
no penalty has been specifically provided, or fail, neglect or re
fuse to obey any law ful order given or made by the commission,
or any judgment or decree made by any court in connection with
the provisions o f this act, for each such violation, failure or re
fusal such employer or other person shall be fined not less than
fifty dollars nor more than one thousand dollars for the first o f
fense and not less than one hundred nor more than five thousand
dollars for each subsequent offense.
Sec. 871-44. Every day during which any person, persons or Each day a viocorporations, or any officer, agent, or employee thereof shall fa il lati()n.
to observe and comply with any order o f the commission, or to
perform any duty enjoined by this act shall constitute a separate
and distinct violation o f such order or said section as the case
may be.
Sec. 871-45. The sections o f this act, and every part o f such Provisions B i
sections, are hereby declared to be independent sections, and parts erableo f sections and the holding of any section or part thereof to be
void or ineffective shall not affect any other section or part
thereof.
S e c . 2250 (as amended by act, page 105, Acts o f 1921). The anSalaries,
nual salaries o f the appointive State officers and employees herein
enumerated shall be as follow s :
*
*
*
*
*
*
*
Department o f industrial relations:
D irector o f industrial relations, six thousand five hundred
dollars.
Chief o f division o f factory inspection, three thousand six
hundred dollars.
Chief o f division o f labor statistics, three thousand dollars.
Chief o f division o f mines, three thousand six hundred dollars.
*
*
*
*
*
*
*
[The department o f industrial relations consists o f a director,
assistant director, the three members o f the industrial commission,
and a chief o f each o f the divisions o f labor statistics, factory in
spection, boiler inspection, and mines. Appropriations provide
for 39 factory, etc., inspectors, 35 deputies in mine, boiler, and
steam engineer divisions, 7 superintendents o f employment o f
fices, and approximately 100 clerks, etc.]
OKLAHOMA,
CONSTITUTION.
Department of labor.
D ep artment
created.
Arbitration.
Section 20. A department o f labor is hereby created to be
under the control o f a commissioner o f labor who shall be elected
by the people, whose term o f office shall be fou r years, and whose
duties shall be prescribed by law.
S ec . 21. T h e legisla tu re sh a ll create a board o f a rb itra tion and
con ciliation in th e departm ent o f lab or and th e com m ission er o f
labor sh a ll be e x officio ch airm an.
COM PILED STATU TES— 1921.
i
Department of labor— Commissioner.
Duties of com
missioner.
Bureaus.
Reports.
Bond.
Assistants.
Section 7164. The duties and scope o f the commissioner o f
labor is to carry into effect all laws in relation to labor, passed
by the legislature, in regard to the transportation, mechanical,
and m anufacturing industries o f the S ta te; to supervise the w ork
o f the different branches o f his department, which shall be
divided into fou r bureaus, as fo llo w s : Statistics; arbitration, and
con ciliation; free employment and factory inspection. He shall
appoint all officers, clerks, and employees in the department o f
la b or; to collect, assort, and systematize reports o f all persons,
firms, or corporations required to report to the comm issioner o f
labor annually, and present the same to the legislature at the
follow ing session thereof, to compile statistical detailed reports
relating to the commercial, industrial, educational, and sanitary
conditions o f the people, included in the mining, transportation,
transmission, commercial, mechanical, and manufacturing indus
tries o f the State; he may administer oaths, issue subpoenas for
the attendance o f witnesses, and take testimony in all matters
relating to the proper enforcem ent o f all laws over which he has
supervision under this a c t H e shall also give bond o f approved
security in the sum o f ten thousand dollars ($ 10 ,000 ), the same to
be approved by the governor, fo r the faith fu l perform ance o f his
duties as defined by the laws passed by the legislature.
Sec . 7165. The commissioner o f labor is hereby authorized to
appoint an assistant at a salary o f fifteen hundred dollars
($1,500) per annum, payable monthly, who shall act as his
deputy, i f by reason o f sickness, absence, or fo r other cause the
commissioner o f labor is tem porarily unable to perform the duties
o f his office, and said assistant shall perform the duties o f the
office o f commissioner o f labor until such disability ceases and
said assistant shall act as secretary to the board o f arbitration
and conciliation. He is also authorized to appoint one statistical
clerk at a salary o f fifteen hundred dollars ($1,500) per annum,
payable m onthly; a deputy State factory inspector, who shall be
under his supervision, and whose term o f office shall be during
the term o f the commissioner o f labor, unless sooner removed fo r
cause, and who shall receive a salary o f fifteen hundred dollars
($1,500) per annum, payable monthly, and one stenographer, at
a salary o f nine hundred dollars ($900) per annum, payable
monthly.
108
TEXT OE LAWS— OKLAHOMA.
109
Sec. 7166. No person shall interfere with, obstruct, or hinder by Hindering comforce or otherwise the commissioner of labor, his deputies, assist- missioner.
ants, or special agents, or factory inspectors while in the per
formance of their duties, or refuse to properly answer questions
asked by such officers pertaining to the laws over which he has
supervision under the provisions of this act, or refuse them ad
mittance to any place where and when labor is being performed
which is affected by the provisions of this act.
[The organization comprises a commissioner, assistant com
missioner, five inspectors of factories, etc., four superintendents
of free employment offices, statistician, stenographer, and pro
vision for temporary employees.]
49735°—23------8
OREGON.
LAW S— 1920.
Bureau of labor.
Section 6660. There is hereby established a separate and distinct department in this State, to be known as the “ bureau o f
labor statistics and inspector o f factories and workshops,” to be
in charge and under control o f a commissioner o f the bureau o f
labor statistics, which office is hereby created.
Commissioner.
S e c . 6661. At the general election in the year 1906, there shall
be elected, as other State officers are elected, a citizen o f the
State o f Oregon, who has been a resident o f the State over five
years, to fill the office o f commissioner o f labor statistics and
inspector o f factories and workshops, whose term o f office shall
be fou r years and until his successor shall be elected and quali
fied. At the general election every fourth year thereafter there
shall be elected a commissioner o f labor statistics and inspector
o f workshops and factories, whose term o f office shall be fou r
years and until his successor is elected and has qualified.
Duties.
S e c . 6662. It shall be the duty o f such officer to cause to be
enforced all the laws regulating the employment o f children,
minors, and w om en ; all laws established for the protection o f
the health, lives, and limbs o f operatives in workshops, factories,
mills, and other places, and all laws enacted fo r the protection o f
the working classes; laws which declare it to be a misdemeanor
on the part o f the employers to require as a condition o f employ
ment the surrender o f any rights o f citizenship; law s regulating
and prescribing the qualifications o f persons in trades and hand
crafts, and similar laws now in force or hereafter to be enacted.
It shall also be the duty o f the officers to collect, assort, arrange,
and present, in biennial reports to the legislature, on or before
the first Monday in January, statistical details relating to all the
departments o f labor in the S ta te; to the subject o f corporations,
strikes or other labor difficulties; to trade-unions and other labor
organizations, and their effect upon labor or ca p ita l; the number
and condition o f the Japanese and Chinese in the State, their
social and sanitary h a b its; number o f married and o f sin g le; the
number employed and the nature o f their em ploym ent; the aver
age wages per day at each employment and the gross amount
y e a rly ; the amount expended by them in rent, food, and clothing,
and in what proportion such amounts are expended for foreign
and home productions, respectively; to what extent their employ
ment comes in competition with the white industrial classes o f
the State; and to such other matters relating to the commercial,
industrial, social, educational, moral, and sanitary conditions o f
the laboring classes, and the permanent prosperity o f the respec
tive industries o f the State as the bureau may be able to gather.
In its biennial report the bureau shall also give account o f all
the proceedings o f its officers which have been taken in accord
ance with the provisions o f this act, herein referred to, including
a statement o f all violations o f law which have been observed,
and the proceedings under the same, and shall join with such
amounts [accounts] and such remarks, suggestions and recom
mendations as the commissioner may deem necessary.
information
S e c . 6663. It shall be the duty o f every owner, operator, or
confidential.
manager o f every factory, workshop, mill, or other establishment,
excepting mines, where labor is employed, to make to the bureau,
Bureau
lished.
estab-
110
TEXT OF LAWS— OREGON,
111
upon blanks furnished by said bureau, such reports and return#
as the said bureau may require, fo r the purpose o f compiling
such labor statistics as are authorized by this act, and the owner
or business manager shall make such reports and returns within
the time prescribed therefor by said commissioner, and shall cer
tify to the correctness o f the same. In the report o f said bureau
no use shall be made o f the names o f individuals, firms, or cor
porations supplying the inform ation called for by this section;
such inform ation shall be deemed confidential, and not for the
purpose o f disclosing personal affairs. Any officer, agent, or
employee o f said bureau violating this provision shall be guilty
o f a misdemeanor and shall be fined in a sum not exceeding $500,
or be imprisoned fo r not more than one year in the county jail.
S e c . 6 6 6 4 . Said commissioner shall have the power to issue
Powers,
subpoenas, administer oaths, and take testimony in all matters
relating to the duties herein required by such bureau, and such
testimony to be taken in some suitable place in the vicinity to
which testimony is applicable Witnesses subpoenaed and testify
ing before any officer o f the said bureau shall be paid the same
fees as witnesses before a circuit court, such payment to be made
from the fund appropriated for the use o f the bureau, and in the Witnesses,
manner provided in section 6 6 6 7 fo r the payment o f other expenses
o f the bureau. A ny person duly subpoenaed under the provisions
o f this section, who shall w illfully neglect or refuse to attend, or
testify, at the time and place named in the subpoena, shall be
guilty o f a misdemeanor, and, upon conviction thereof before any
court o f competent jurisdiction, shall be punished by a fine o f not
less than $25 nor more than $100, or by imprisonment in the
county ja il not exceeding thirty days.
Sec. 6665. Said commissioner o f the bureau o f labor shall have Entering work
power to enter any factory, mill, office, workshop, or public or places,
private works, at any reasonable time, fo r the purpose o f gather
ing facts and statistics, such as are contemplated by this a ct;
and to examine into the methods o f protection from danger to
employees, and the sanitary conditions in and around such build
ings and places, and make a record th ereof; and any owner or
occupant o f said factory, mill, office, or workship, or public or
private works, or his agent, or agents, who shall refuse to allow
an inspector or employee o f said bureau to enter shall be guilty
o f a misdemeanor, and, upon conviction thereof, before any court
o f competent jurisdiction, shall be punished by a fine o f not less
than $25 nor more than $100, or be imprisoned in the county ja il
not to exceed ninety days for each and every offense.
Sec. 6666 . A t the expiration o f two years all records, schedules, R ecords, etc.
and papers accumulating in said bureau that may be considered
o f no value by the commissioner may be destroyed: Provided,
The authority o f the governor be first obtained for such destruc
tion.
S e c . 6 6 6 7 . The commissioner o f the bureau o f labor statistics
Salary, etc.
and inspector o f workshops and factories shall from and after
the first day o f January, 1911, receive an annual salary o f $3,000,
payable quarterly, and is authorized to incur such expense and
employ such clerical aid as may be necessary to carry out the
provisions o f this act. The secretary o f state is hereby author
ized to draw warrants on the State treasurer fo r the payment o f
such expense upon properly verified vouchers approved by the
com m issioner: Provided, however, That said expense shall not
exceed at any time the amount appropriated therefor. Said com
missioner shall, before entering upon the duties o f his office,
execute a bond to the State o f Oregon in the sum o f $3,000, condi- Bond,
tioned upon the faithful, honest, and im partial perform ance of
his duties under this act, which bond shall be approved by the
secretary o f state and filed in his office. Such commissioner shall
include in his biennial report to the governor and legislature an
itemized statement o f the expense o f the bureau incurred by him.
112
Salaries.
Fund.
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Sec. 6750 (as amended by chapter 244, Acts o f 1921). The sal
aries o f the deputy labor commissioners, required to enforce the
provisions o f this act, shall be in such amounts as the labor com
missioner shall designate, but at no time shall they be higher than
the going wages paid to mechanics o f like skill and ability, and
in no event shall the wages or salary o f any such deputy exceed
the sum o f $150 in any single month, and they shall be paid in the
same manner as the salaries o f other State officers are paid, which
salaries and expenses o f such deputy labor commissioners and
the salaries o f not more than two clerks or stenographers, whom
the labor commissioner is hereby authorized to employ, in his
discretion, and all other expenses o f every kind incurred in carry
ing out the provisions o f this act, shall be paid from the special
factory inspection fund in the same manner as other State
salaries and expenses are paid, for which purpose said fund is
hereby permanently appropriated.
[The staff consists o f a commissioner, a deputy commissioner,
five deputy labor commissioners and factory inspectors in the
field, an electrical inspector, and a board o f inspectors o f child
labor (five persons) appointed by the governor, but working in co
operation with the bureau o f labor. The bureau is also charged
with the enforcement o f the rulings and standards established by
the industrial w elfare commission fo r the employment o f women
and minors.]
PENNSYLVANIA.
ACTS OF 1913.
No. 267.—Department of labor and industry.
Section 1. There is hereby established a department o f labor Department of
and industry, the head o f which shall be a commissioner o f labor ^ yor an in us*
and industry, who shall be appointed by the governor, by and Commissioner,
with the consent o f the senate, and who shall hold office for the
term o f four years from the date o f his appointment, shall ap
point, and may at pleasure remove, all officers, clerks, and other
employees o f the department o f labor and industry, except as
herein otherwise provided.
[The salary o f the ch ief medical inspector was fixed at $5,000
by No. 88 , Acts o f 1915.]
S e c . 13. The industrial board shall have the power to make in
vestigations concerning, and report upon, all matters touching the
enforcement and effect o f the provisions o f all laws o f the Com
monwealth, the enforcement o f which shall now and hereafter be
imposed upon the department o f labor and industry, and the
rules and regulations made by the industrial board in connection
therew ith; and to subpoena and require the attendance in this
Commonwealth o f all witnesses, and the production o f books
and papers pertinent to the said investigation, and to examine
them and such public records as it may require in relation to any
matter which it has power to investigate. Any witness who re
fuses to obey a subpoena o f the said board, as hereinabove pro
vided for, or who refuses to be sworn or to testify, or who fails
or refuses to produce any books, papers, or documents touching
any matter under investigation or examination by the said board,
or who is guilty o f any contempt after being summoned to ap
pear before the said board as above provided, may be punished as
fo r contempt o f c o u r t; and, for this purpose, application may be
made to any court within whose territorial jurisdiction the said
contempt took place, and for which purpose the courts o f the
common pleas o f this Commonwealth are hereby given ju risdic
tion. In the course o f such investigation each member o f said
board shall have power to administer oaths. Each member shall
have the further power to make personal investigations o f all
establishments in this Commonwealth where labor is employed.
S e c . 1 4 . A ll rooms, buildings, and places in this Commonwealth
C o n s traction ,
where labor is employed, or shall hereafter be employed, shall be etc*’ of buildinsa*
so constructed, equipped, and arranged, operated, and conducted,
in all respects, as to provide reasonable and adequate protection
for the life, health, safety, and morals o f all persons employed
therein. For the carrying into effect o f this provision, and the
provisions o f all the laws o f this Commonwealth, the enforcement
o f which is now or shall hereafter be entrusted to or imposed
upon the commissioner or department o f labor and industry, the
industrial board shall have power to make, alter, amend, and
repeal general rules and regulations necessary for applying such
provisions to specific conditions, and to prescribe means, methods,
and practices to carry into effect and enforce such provisions.
Sec. 15. The rules and regulations o f the industrial board, and Rules and re»the amendments and alterations thereof, may embrace all mat- uiations.
ters and subjects to which power and authority o f the depart-
113
114
V iolations.
Vesting
powers.
LAW S PROVIDING FOR BUREAUS OF LABOR, ETC.
ment o f labor and industry extends, and shall be distributed to all
applicants. Every rule or regulation adopted by the board shall
be promptly published in bulletins o f the department o f labor and
industry, and in such daily newspapers as the board may pre
scribe, and no such rule or regulation shall take effect until
thirty days after such publication. Any employer, employee, or
other person interested, either because o f ownership in or oc
cupation o f any property affected by any such order or regula
tion, or otherwise, may petition fo r a hearing on the reasonable
ness o f a rule or regulation. Such petition fo r hearing shall be
by verified petition, filed with the said industrial board, setting
out specifically and in fu ll detail the rule or regulation upon
which a hearing is desired, and the reasons w hy such rule or
regulation is deemed to be unreasonable. A ll hearings o f the
board shall be open to the public. Upon receipt o f such petition,
i f the issues raised in such petition have theretofore been
adequately considered, the industrial board shall determine the
same by confirming, without hearing, its previous determ ination;
or, i f such hearing is necessary to determine the issue raised, the
industrial board shall order a hearing thereon, and consider and
determine the matter or matters in question at such time as shall
be prescribed. Notice o f the time and place o f such hearing
shall be given to the petitioner, and to such other persons as the
industrial board may find directly interested in such decision.
Sec . 16. Every person who violates any o f the provisions o f this
act, or any o f the rules or regulations o f the industrial board,
or w ho resists or interferes with any officer or agent o f the de
partment o f labor and industry in the performance o f his duties
in accordance with the said rules and regulations, shall be deemed
guilty o f a misdem eanor; and shall, upon conviction thereof, be
punished by a fine o f not more than one hundred dollars ($ 100 ),
or by imprisonment not exceeding one month, or both, at the dis
cretion o f the court.
of
S e c . 23. A ll o f the powers and duties now by law vested in and
imposed upon the department o f factory inspection, w hich is
hereby abolished, are now hereby vested in the department o f
labor and industry.
A CTS OF 1915.
No. 397.— Commissioner of labor and industry—Inspection of
labor camps, etc.
U n itary, e tc.,
mentions.
A liens.
S e c t io n 18. The commissioner shall inspect all labor camps
and b onSing accommodations for employees, maintained directly
or indirectly in connection w ith any work or place where w ork
is being performed, and all places established fo r the tem porary
shelter and care o f aliens and unemployed persons, and pre
scribe minimum standards o f sanitation fo r all such labor
camps, accommodations, and tem porary quarters.
S e c . 19. The commissioner shall investigate the general in
dustrial, social, and educational w elfare and conditions o f aliens
within the State, fo r the purpose o f cooperating w ith the vari
ous agencies o f the State possessing the requisite jurisdiction
in securing such remedial action as may be necessary.
The commissioner shall enforce all laws pertaining to the
sale o f steamship tickets or orders fo r transportation; and pre
scribe rules and regulations fo r the protection o f purchasers in
the purchase o f and cancellation o f third-class or steerage tickets,
or orders fo r transportation; investigate conditions prevailing
at all docks, ferries, railw ay stations, and other places where
employees or aliens arrive or depart; and, in cooperation with
the proper authorities, afford such employees or aliens protec
tion against frauds, crimes, and exploitations; investigate all
complaints o f employees and aliens with respect to frauds, ex
tortion, and improper practices by any person or corporation,
115
TEXT OF LAWS— PENNSYLVANIA.
whether public or private, and present to the proper authorities
the results o f such investigation for action thereon.
S e c . 2 0 . The commissioner shall have power to issue subpoenas, administer oaths, take affidavits and testimony, in all
matters relating to the duties and powers herein prescribed.
H e shall have power to subpoena any witness or any person;
to examine all books, contracts, records, and documents o f any
person or corporation, and by subpoena duces tecum to compel
production thereof.
A ll subpoenas shall be issued in the name o f the commis
sioner, under the seal o f the Commonwealth.
A ll hearings held before the commissioner, or his deputy duly
authorized, shall be governed by rules prescribed by the com
missioner, who shall not be bound by the technical rules o f
evidence in the examination o f witnesses or in the conduct o f
such hearings.
Sec. 21. * * * A ny person making any false statement or
testifying falsely under oath shall be subject to prosecution
fo r perjury, upon the recommendation o f the commissioner to
the officials having the requisite jurisdiction.
A ny individual, copartnership, or corporation, or association
who shall neglect or refuse to obey any subpoena and give tes
timony, according to the provisions o f this act, or who shall
neglect or refuse to answer questions by circular or upon per
sonal application, shall be liable to a penalty o f one hundred
dollars, to be collected, by order o f the commissioner, in an ac
tion in which the Commonwealth o f Pennsylvania shall be plain
tiff, as debts o f like amout are collected.
A ny person, copartnership, association, or corporation that
shall violate any o f the provisions o f this act shall be guilty o f
a misdemeanor, and upon conviction thereof shall be sentenced
to pay a fine o f not more than one hundred dollars, or to undergo
imprisonment not exceeding one year, or both, at the discretion
o f the cou rt; and, in addition thereto, such person, or each o f
the members o f a copartnership association, or each o f the direc
tors o f the corporation, as the case may be, with guilty knowl
edge o f the fact, may be sentenced to pay a fine o f not more
than one hundred dollars, or to undergo imprisonment in the ja il
in the proper county fo r a period o f not exceeding one year,
or both, at the discretion o f the co u r t
Approved, June 7, 1915.
Powers,
H earings,
violation s,
ACTS OF 1923.
No.
2 7 4 .— Administrative
code.—Department of labor and
industry.
S e c t io n 1. This act shall be known and m ay be cited as “ The
Title*
Adm inistrative Code.”
Sec. 2. T o accomplish the purposes o f this act, * * * the Bureaus, etc.,
follow ing departments, bureaus, divisions, boards, commissions, abolished»
offices, and agencies o f the State Government as now established
by law are hereby abolished, nam ely: * * * ch ief inspector
o f the department o f labor and industry, bureaus o f inspection,
o f mediation and arbitration, o f rehabilitation, o f workmen’s com
pensation, and o f employment in the department o f labor and in
du stry; division o f industrial hygiene and engineering; industrial
b oa rd ; manager, assistant manager, actuary, and counsel fo r the
State workmen’s insurance boa rd ; * * *
S ec. 201. The executive and administrative work o f this Com- Executive, etc.,
monwealth shall be perform ed by the executive department, departments.
♦ * * by the executive board, * * * by the * * *
department o f labor and industry, * * *
S e c . 2 0 2 . The follow ing departments, boards, commissions, and
Boards, etc.
offices are hereby placed and made departmental administrative
bodies, boards, commissions, or offices, as the case may be, in the
116
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
respective administrative departments mentioned in the preceding
section, as fo llo w s :
*
*
*
*
*
*
*
In the department o f labor and industry— W orkm en’s compensa
tion board, W orkmen’s compensation referees, State workmen’s
insurance board.
*
Advisor
boards.
*
*
*
*
*
*
Sec. 203. The following advisory boards and commissions are
7 hereby created and designated in and as parts of the respective
departments, as follow s:
*
*
*
*
*
*
*
In the department o f labor and industry— Industrial board.
*
*
*
*
*
Sec . 205. Each administrative department shall have as its
head an officer who shall either personally, by deputy, or by the
duly authorized agent or employee o f the department, and sub
ject at all times to the provisions o f this act, exercise the powers
and perform the duties by law vested in and imposed upon the
departm ent
{a) The follow ing officers shall be the heads o f the adminis
trative departments follow ing their respective titles:
*
*
*
*
*
Commissioner o f labor and industry, who shall hereafter be
known as secretary o f labor and industry o f the department o f
labor and industry.
*
*
*
*
*
208. Annual salaries shall be payable in equal semimonthly
installments, as fo llo w s :
S ec.
*
Bureaus.
*
*
*
*
T o the secretary o f labor and industry, ten thousand d o lla rs;
*
*
*
*
*
Sec. 212. [Authorizes the heads o f the administrative depart
ments, subject to the approval o f the executive board, to estab
lish such bureaus or divisions “ as may be required fo r the proper
conduct o f the work.” ]
S e c . 213. [Authorizes the heads of departments, with the ap
proval of the governor, to appoint and fix the compensation of a
deputy or such number of deputies as the executive board shall
approve, to perform such duties as may be prescribed by the head
of the department, within his authority under the law.]
Appointees.
Sec. 214. [Authorizes heads of departments to appoint and fix
the compensation of directors, superintendents, bureau or divi
sion chiefs, experts, inspectors, clerks, stenographers, etc., as may
be required for the proper conduct of the work of their respec
tive departments, the number and compensation to be subject to
the approval of the governor, and after the executive board shall
have fixed the standard compensation for any kind, grade, or
class of service, compensation of appointees shall be fixed accord
ing to such standard.]
Workmen’s
gEC 431 The workmen’s compensation board shall consist o f
Deputies.
b oa rd f ensatl0n
three members, o f whom the governor shall designate one as
chairman. The secretary o f labor and industry shall be ex officio
a member o f the board. T w o members o f the board shall be a
quorum and no action o f the board shall be valid unless it shall
have the concurrence o f at least two members. A vacancy on the
board shall not impair the right o f a quorum to exercise all the
rights and perform all the duties o f the board.
The secretary o f labor and industry, with the approval o f the
governor, shall appoint a secretary to the workm en’s compensation
board, who shall receive such salary as the secretary o f labor and
industry, with the approval o f the governor, shall determine.
The chairman o f the workm en’s compensation board shall re
ceive a salary at the rate o f nine thousand dollars per annum.
The other members o f the board, except the secretary o f labor
and industry, shall receive salaries at the rate o f eight thousand
five hundred dollars per annum.
117
TEXT OF LAWS— PENNSYLVANIA.
Sec. 482. There shall be in the department o f labor and Industry as many workmen’s compensation referees as in the judgment
o f the governor and o f the secretary o f labor and industry shall
be necessary properly to administer the workmen’s compensation
law s o f the Commonwealth. Such referees shall be subject to
the direction and control o f the workmen’s compensation board.
The board shall assign them to the various workmen’s compensa
tion districts, and shall prescribe from time to time the duties to
be perform ed by them.
Each workmen’s compensation referee shall receive a salary at
the rate o f five thousand dollars per annum.
Referees,
Sec. 439. The advisory boards and commissions created by this
article shall be constituted as follow s:
*
*
*
*
*
(d ) The industrial board shall consist o f the secretary o f labor i n d u s t r i a l
and industry and fou r additional members, one o f whom shall b e boardan employer o f labor, one a wage earner, and one a woman.
The secretary o f labor and industry shall be the chairman o f the
board.
Three members o f the board shall be a quorum.
The members o f the industrial board, other than the chairman,
shall receive ten dollars per day while in the perform ance o f their
official duties.
( f ) The State w elfare commission shall consist o f nine mem- We l f a r e com
bers, three o f whom, as ex officio members, shall be the secretary mission,
o f welfare, the secretary o f labor and industry, and the secretary
o f health.
*
*
*
♦
*
Sec. 442. The State workmen’s insurance board shall consist o f
Workmen’s in
the secretary o f labor and industry, who shall be the chairman surance board.
thereof, the State treasurer, and the insurance commissioner.
Sec. 1701. The department o f labor and industry shall, subject Powers and du
to any inconsistent provisions in this act contained, continue to ties.
exercise the powers and perform the duties by law vested in and
imposed upon the said department, the several bureaus and di
visions thereof, and the industrial board. It shall also exercise
such addit.onal powers and perform such additional duties as are
vested in and imposed upon it by this act.
Seq. 1702. The department o f labor and industry shall have the Inspection and
administration.
power and its duty shall b e :
(a ) To inspect during reasonable hours and as often as prac
ticable every room, building, or place within this Commonwealth
where and when any labor is being perform ed which is affected
by the provisions o f any law o f this Commonwealth and all
buildings in which public assemblies are held, and fo r this pur
pose to enter any such room, building, or place.
(b ) T o receive and examine plans fo r all buildings more than
tw o stories high, and all places o f assembly outside o f cities o f the
first and second classes, and to approve the same, as may now or
hereafter be provided by law.
(c ) To receive and check plans fo r elevator installations out
side o f cities o f the first and second classes, and to issue permits
fo r the erection and repair o f elevators, as may now or hereafter
be provided by law.
(d ) To file reports o f inspection o f elevators received from in
spectors employed by the department or from inspectors holding
certificates o f competency issued by the department.
(e ) To inspect boilers and to receive and check reports o f in
spection o f boilers made by inspectors holding certificates o f com
petency issued by the departm ent
( f ) T o issue licenses, after examination, to motion-picture pro
jectionists and apprentices, as may now or hereafter be provided
by law.
(g ) To receive reports o f industrial accidents to persons, and
to direct the investigation o f such accidents and prescribe means
fo r the prevention o f similar accidents.
118
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
(h) To issue orders for removing or safeguarding against haz
ards that may cause accidents to employees, as may now or here
after be provided by law.
Investigations.
Sec. 1703. The department of labor and industry shall have the
power to make investigations and surveys upon any subject
within the jurisdiction of the department, either upon its own
initiative or upon the request of the industrial board.
Statistics.
Sec. 1704. The department of labor and industry shall have the
power to collect, compile, and publish statistics relating to labor
and industry, to organizations of employees, and to organizations
of employers.
Rules and reg
{$e c . 1705. Subject to approval by the industrial board, the de
ulations.
partment of labor and industry shall have the power to make
rules and regulations for carrying into effect the laws regulating
the labor of persons within this Commonwealth and the con
struction, ventilation, and equipment o f the rooms, buildings,
or places where such labor is performed, or where public as
semblies are held, and to enforce all such rules and regulations.
Mediation and
Sec. 1706. The department of labor and industry shall have the
arbitration.
power and its duty shall be, whenever a difference arises between
an rmployer and his employees with regard to wages, hours, or
conditions of employment, to send a representative o f the depart
ment promptly to the locality in which such difference exists and
endeavor by mediation to effect an amicable settlement of the
controversy. If such settlement can not be effected and the dis
pute is submitted for arbitration, the department, in the event
of the failure of representatives of employer and employees to
name an impartial chairman of the board of arbitration, shall
select such chairman to act as such third member.
W o m e n and
Sec . 1707. The department of labor and industry shall have the
children.
power and its duty shall be—
(a) To make studies and investigations of the special prob
lems connected with the labor of women and children.
(b) To create the necessary organization and to appoint an
adequate number of inspectors to enforce the laws and rules
and regulations of the department relating to the work of women
and children.
Workmen’ s com
Sec. 1708. The department of labor and industry shall have the
pensation.
power and its duty shall be—
(a) To administer and enforce the laws of this Common
wealth as now existing or hereafter enacted relating to work
men’s compensation: Provided, however, That the workmen’s
compensation board and the workmen’s compensation referees
shall perform their respective duties independently of the sec
retary of labor and industry or any other official of the depart
ment, except that all clerical, stenographic, and other assistance
required by the workmen’s compensation board and the several
workmen’s compensation referees shall be appointed by the de
partment as provided in this act.
(b) To receive and classify reports of all accidents and to
receive and approve or disapprove agreements and receipts in
workmen’s compensation cases as provided by law.
(c) To follow up all cases in which workmen’s compensation
agreements shall have been filed and see that such agreements
are fulfilled in accordance with the provisions thereof and the
laws o f this Commonwealth.
(d) To advise injured workmen of their rights under the
workmen’s compensation laws.
(e) To receive and refer to the workmen’s compensation board
claims in contested cases and mail decisions of the workmen’s
compensation board and of workmen’s compensation referees in
all contested cases to claimants and defendants.
(f) To render to the workmen’s compensation board any
reasonable assistance requested by the board in the conduct of
its work.
(g) To prepare and issue to the auditor general certificates or
requisitions for the payment of workmen’s compensation to in
jured employees of the Commonwealth.
TEXT OE LAWS— PENNSYLVANIA,
119
S e c . 1709. The department o f labor and industry shall have Rehabilitation,
the p o w e r :
(a )
To render aid to persons injured in industrial pursuits,
to arrange fo r medical treatment for such persons, and procure
artificial limbs and appliances to enable them to engage in re
munerative occupations.
(b ; To make surveys to ascertain the number and condition o f
physically handicapped persons within the Commonwealth.
(c ) T o cooperate with the department o f public instruction in
arranging fo r training courses in the public schools or other edu
cational institutions fo r persons injured in industrial pursuits,
and to arrange fo r such courses in industrial or agricultural
establishments; and
(d ) To such extent as the department shall have funds avail
able for the purpose, to provide maintenance for such injured
persons during such training in such amounts as may be pro
vided by law.
S e c . 1710. The department o f labor and industry shall have E m p l o y m e n t
the power—
a n d unemploy(a ) To endeavor to bring together employers seeking en j-ment*
ployees and applicants for employment.
(b ) To supervise all public and private employment agencies.
(c ) To report on the extent o f unemployment, the remedy
therefor, and the means for the prevention thereof.
(d ) T o establish employment offices or labor exchanges at con
venient places throughout the Commonwealth.
(e ) To promote the intelligent distribution o f labor and, when
necessary, to assist in securing transportation fo r employees de
siring to go to places where work is available.
S e c . 1711. Subject to any inconsistent provisions in this act Workmen’s in
contained, the State workmen’s insurance board shall continue t o surance board*
exercise the powers and perform the duties by law vested in and
imposed upon the said board.
S e c . 1 7 1 2 . Subject to any inconsistent provisions in this act Workmen’s comcontained, the workmen’s compensation board shall continue t o pensatl0n board*
exercise the powers and perform the duties by law vested in and
imposed upon the said board.
S e c . 1713. Subject to any inconsistent provisions in this act Workmen’s comcontained, each workmen’s compensation referee shall have the U ™ 1011 refer*
pow er and his duty shall be to hear such claims fo r compensation
as shall be assigned to him by the workmen’s compensation board
and to perform such other duties as shall be required o f him by
the workmen’s compensation board or imposed upon him by law.
S e c . 1714. The industrial board created by this act shall have i n d u s t r i a l
the power and its duty shall b e :
board.
(a ) T o meet at least once each month for the purpose o f con
sidering such matters as are brought before it or the secretary
shall request
(b ) To hold hearings with reference to the application by the
department o f the laws affecting labor upon appeal either o f em
ployees or employers or o f the public, and after such hearings to
make recommendations to the department.
(c ) To approve or disapprove the rules and regulations estab
lished by the department o f labor and industry and to make sug
gestions to the department fo r the form ulation o f such rules
and regulations.
(d ) To consider, study, and investigate the conduct o f the
work o f the department o f labor and industry. F or this pur
pose the board shall have access at any time to all books, papers,
documents, and records pertaining to or belonging to the depart
ment, and may require oral or written inform ation from any
officer or employee thereof.
S e c . 18 0 3 . [D irects the department o f health to cooperate with Housing inspect
the department o f labor and industry in the inspection o f th e tion*
sanitary condition o f tenements, lodging, and boarding houses
“ for the purpose o f avoiding any duplication o f inspection or
overlapping o f functions.” ]
PORTO RICO.
ACTS OF UN ITED STATES CONGRESS, 1916-17.
C hapter
Departments.
Duties of com
missioner.
145.—Department of agriculture and labor.
S e c t i o n 13. The following executive departments are hereby
created: * * * a department of agriculture and labor, the
head of which shall be designated as the commissioner of agri
culture and labor; * * *
S e c . 18. The commissioner of agriculture and labor shall have
general charge of such bureaus and branches of government as
have been or shall be legally constituted for the study, advance
ment, and benefit of agricultural and other industries, the chief
purpose of this department being to foster, promote, and develop
the agricultural interests and the welfare of the wage earners of
Porto Rico, to improve their working conditions, and to advance
their opportunities for profitable employment, and shall perform
such other duties as may be prescribed by law.
LEGISLATURE OF PORTO RICO—ACTS OF 1921.
A
ct
N o. 65.—Bureau of labor.
Bureau created.
S e c t i o n 1. There is hereby established in the department of
agriculture and labor a bureau of labor under the direction of the
chief of the bureau of labor, who shall be appointed by the com
missioner of agriculture and labor, and who, upon his induction
into office, shall be included in the classified civil service.
Assistant.
Sec. 2. There shall also be in the bureau of labor an assistant
chief, appointed by the commissioner of agriculture and labor, who
shall render such services as the chief of the bureau may require
and shall act as chief of said bureau in the absence of the chief.
Sec. 3. The chief of the bureau of labor shall collect and col
Duties.
Report.
Duty
ployer.
of em
late data relative to labor, and shall report specifically to the
commissioner of agriculture and labor on the wages of male and
female laborers and the means of improving their material, intel
lectual, and moral welfare. He shall investigate the causes and
facts in connection with controversies and disputes between em
ployers and employees, and shall prepare, collate, and publish
labor statistics, and shall issue such reports and bulletins relative
to general labor conditions throughout the island of Porto Rico
as may from time to time, with the approval of the commissioner
of agriculture and labor, be deemed necessary for transmittal to
the commissioner of health in regard to the sanitary conditions
of all factories, farm or agricultural properties, shops, and sugar
or industrial establishments in the island of Porto Rico where
laborers are employed.
Sec. 4. The chief of the bureau of labor shall render monthly
a written report to the commissioner of agriculture and labor,
which report shall contain the data collected and collated by him
and such recommendations as he may deem pertinent for the
development and efficiency of the bureau and for the purposes of
section 3 hereof, and which shall be transmitted to the legis
lature of Porto Rico.
Sec. 5. It shall be the duty of every employer, operator, or
manager of any .factory, shop, mine, mill, or other establishment
where laborers are employed to furnish the bureau of labor, on
blanks supplied by said bureau, all such data and reports as said
bureau may require for the purpose of compiling the statistics
120
TEXT OF LAWS— PORTO RICO,
121
required by this act, and said employer, operator, or manager
shall furnish such reports and data as m ay be requested by said
bureau within a term o f not more than thirty (30) days after
such employer, operator, or manager has been duly required to
furnish such da ta ; but such data and reports as the aforesaid
bureau may publish shall not give the names o f such persons,
firms, or corporations as furnish said data, which shall be deemed
absolutely confidential, and any employer, operator, or manager
failin g to perform the duty required by this section shall be
punished by a fine o f not to exceed fifty (50) dollars.
S e c . 6. The chief or assistant chief o f the bureau o f labor shall witnesses*
have power to summon witnesses and to administer oaths in all
matters connected with labor laws and with sueh other duties as
may be expressly imposed by any act. Any person refusing to
appear when summoned in writing and failing to show justified
cause for such nonappearance in order to testify on any fa ct o f
which such person has knowledge shall be guilty o f a misde
meanor, and upon conviction shall be punished by a competent
court by a fine o f not to exceed fifty (50) dollars or by confine
ment in ja il for a term o f not more than thirty (30) days: Pro
vided, That no witness shall be summoned to appear at said
investigation in a m unicipality other than that where his domi
cile is located.
Sec. 7. The chief o f the bureau o f labor, or any inspector Examination of
thereof, shall have power to enter any factory, mill, or mine by condltions*
first notifying the chief or person in charge o f said establishment,
fo r the purpose o f obtaining data or inform ation fo r the statistics
herein required and to examine the methods employed fo r the
protection o f employees against accidents and to ascertain and
investigate the sanitary conditions o f the place where said labor
ers w ork ; and any employer, manager, or operator o f any indus
try, factory, farm , or agricultural property, mill, mine, or public
works, or his agent, who refuses admission thereto o f an inspector
or employee o f said bureau, or who refuses to furnish such infor
mation as may be really necessary in the manner prescribed by
section 5 o f this act shall be guilty o f a misdemeanor and pun
ished by a fine o f not more than fifty (50) dollars.
S e c . 8. The chief o f the bureau o f labor, in person or through Public lectures,
his duly authorized officials, shall give public lectures and shall
strive to advance the w elfare o f workmen o f Porto Rico, improve
their working conditions, and promote their opportunities fo r
securing lucrative employment, and may attend laborers’ and em
ployers’ assemblies or meetings and take part in the debates,
should he be invited to do so.
S e c . 9. In addition to the chief and assistant chief, there shall Employees,
be one chief clerk, one stenographer, one translator, one file clerk,
ten inspectors, and one messenger.
The employees o f said bureau shall receive such salaries as may
be determined in the appropriation act o f Porto Rico.
S e c . 10. The ch ief o f the bureau o f labor, through the commis- Data,
sioner o f agriculture and labor, may request o f the heads o f
departments and o f municipal commissioners all the data in the
possession o f said departments and municipalities which may be
o f interest to the bureau o f labor fo r carrying out the duties
imposed upon him by law.
S e c . 11. The present officials o f the bureau o f labor shall con
tinue in office with the same rights and prerogatives as they now
have.
S e c . 12. F or the purposes o f this act the words “ em ployer”
and “ employee ” shall mean—
(a ) “ E m ployer” includes any person, whether natural or arti- Definitions,
ficial, who employs one or more persons in any agricultural,
industrial, or public-service enterprise, fo r payment in money or
other compensation or remuneration o f any kind, and the man
ager, superintendent, inspector, principal, supervisor, agent, or
representative o f said person or association o f persons.
122
LAWS PROVIDING POR BUREAUS OF LABOR, ETC,
(b) “ Employee” includes any person or persons employed by
any employer or who works for him for money, remuneration, or
compensation of any kind.
Sec. IB. All the office clerks and inspectors of the bureau of
labor shall be appointed by the commissioner of agriculture and
labor.
Approved, July 16, 1921.
[The commissioner of the department of labor and industry and
the chief of the bureau of labor constitute the reported organiza
tion. The appropriation act of 1921 provides for an assistant
chief in the bureau of labor, chief clerk and statistician, ten
inspectors, and four other office employees.]
RHODE ISLAND,
GENERAL LAW S— 1909.
C h apter
80.— Bureau of industrial statistics— Commissioner.
S e c t io n 1 . There shall be a commissioner o f industrial statistics Comm issioner,
who shall perform the duties enumerated in this chapter and such
others as are or may be from time to time provided by law. At
the January session o f the general assembly in the year A. D.
nineteen hundred and nine, and in every second year thereafter,
the governor, with the advice and consent o f the senate, shall
appoint some person to be commisisoner o f industrial statistics to
succeed the person then holding such office; and the person so
appointed shall hold his office until the first day o f February in
the second year after his appointment. Any vacancy which may
occur in said office when the senate is not in session shall be filled
by the governor until the next session thereof, when he shall, with
the advice and consent o f the senate, appoint some person to fill
such vacancy fo r the remainder o f the term. The commissioner
o f industrial statistics shall be ex officio superintendent o f the
census o f the State * * * and in addition thereto he shall
collect, arrange, tabulate, and publish, in a report by him to be
made to the general assembly annually in January, the facts and
statistical details in relation to the condition o f labor and business
in all mechanical, manufacturing, commercial, and other industrial
business o f the State, and especially in relation to the social,
educational, and sanitary condition o f the laboring classes, with
such suggestions as he may deem to be proper fo r the improve
ment o f their condition and the bettering o f their advantages fo r
intellectual and moral instruction, together with such other in
form ation as he may deem to be useful to the general asesmbly in
the proper performance o f its legislative duties in reference to the
subjects in regard to which he is required to report.
S e c . 2 . Every employer o f labor, and every person engaged in
Reports o f emany industrial pursuit, shall give the commissioner o f industrial Payers,
statistics all proper and necessary inform ation to enable him to
perform the duties herein required o f him, and in default thereof;
upon reasonable demand, shall be fined twenty dollars.
Sec. 3. [Repealed.]
ACTS OF 1919.
C h a p t e r 1 7 4 1 .— State
board of labor— Commissioner.
S e c t io n 1. The office created and established under the provisions o f section 1 o f chapter 80 o f the General Laws, entitled
“ O f the Commissioner o f Industrial Statistics,” under the name
and title o f commissioner o f industrial statistics, shall from and
after the passage o f this act be known and described under the
name and title o f commissioner o f labor and the person holding
said office o f commissioner o f industrial statistics at the time
o f the passage o f this act shall thereafter be known and de
scribed as the commissioner o f labor and shall be vested with
all the power and authority and subject to all the duties and
liabilities now vested in and imposed upon the commissioner o f
industrial statistics. In any general law, public law or resolu
tion o f the general assembly, and in any document, record,
instrument or proceeding authorized by any such law or resolu-
T itle changed,
123
124
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
tion, unless the context or subject matter otherwise require, the
words “ commissioner of industrial statistics ” shall be construed
to mean the commissioner of labor.
D e p u t y comS e c . 2 (as amended by chapter 1865, Acts o f 1920). There
dssioner.
shall be a deputy commissioner of labor, who shall receive an
annual salary of twenty-three hundred dollars, and the sum of
twenty-three hundred dollars is hereby annually appropriated for
the purpose of paying such salary. Upon the passage of this
act the governor by and with the advice and consent of the
senate shall appoint a deputy commissioner of labor who shall
be a representative of labor, and the deputy commissioner so
appointed shall hold office until the first day of February, A. D.
1922, and in the month of January, A. D. 1922, and in the month
of January of every third year thereafter, the governor by and
with the advice and consent of the senate shall appoint a
deputy commissioner to succeed the deputy commissioner whose
term expires. Any vacancy which may occur in said office of
deputy commissioner shall be filled by the governor by and with
the advice and consent of the senate, if the senate be in session,
and if the senate should not then be in session shall be filled by
the governor until the next session of the general assembly,
when with the advice and consent of the senate he shall appoint
a proper person to fill such vacancy. Said deputy commissioner
shall act as agent to the labor commissioner in the conduct of
investigations of labor conditions, ordered by the labor com
missioner and shall perform such other duties as said labor
commissioner may direct. He shall act as secretary to the State
board of labor as provided in the following section. He shall,
under the direction of the said State board of labor, aid and
assist any board of mediation and conciliation appointed by said
State board of labor under the provisions of section 4 of this
chapter.
Board of labor.
S e c . 3. There shall be a State board of labor consisting of the
labor commissioner, who shall be chairman of the board, and four
other members, two of whom shall be representatives of employers
of labor in the State and two of whom shall be representatives of
labor in the State, to be appointed as hereinafter provided. Upon
the passage of this act the governor, by and with the advice and
consent of the senate, shall appoint as members of said board two
citizens of the State to hold office until the first day o f February,
A. D. 1922, and two to hold office until the first day of February,
A . D. 1925, and in the month of January, A. D. 1922, and in the
month of January in every third year thereafter the governor,
by and with the advice and consent of the senate, shall so appoint
two members of said board to succeed the members whose term
will next expire, and the persons so appointed shall hold office
until the first day of February in the sixth year after their
appointment. Any vacancy which may occur in said board when
the senate is not in session shall be filled by appointment by the
governor until the next session thereof, when the governor, by
and with the advice and consent of the senate, shall appoint some
citizen to fill such vacancy for the unexpired term. The board
shall meet at least once a month and at such other times as the
commissioner of labor may direct.
Monthly conferSec. 4. The commissioner of labor shall report to the board
nces*
of labor at each of its monthly meetings such matters relating to
the interests of labor as may have come to his attention in the
discharge of the duties of his office, and it shall be the duty of
the board to advise and confer with the commissioner in relation
to the administration of the laws of the State relating to labor.
Annual renorts T h e boar(i shall report to the general assembly at its January
p ‘ session and present in such report any recommendations it may
deem advisable in regard to the administration of such laws, and
suggest any changes or amendments to such laws as it may deem
desirable. It shall be the duty of the board to do all in its power
to promote the voluntary mediation and conciliation o f contro-
TEXT OF LAWS— RHODE ISLAND,
versies and disputes between employers and employees, and to
avoid resort to strikes, lockouts, boycotts, blacklists, discrimina
tions, and legal proceedings in or arising out o f such controversies
and disputes and matters o f employment. In pursuance o f this
duty, said board may, whenever it deems advisable, but subject
to the approval o f the governor, appoint a board o f mediation
and conciliation fo r the consideration and settlement o f such con
troversies and disputes. The said board shall prescribe rules
o f procedure fo r such mediation and conciliation, and the said
mediation and conciliation boards shall have the power to conduct
investigations, to hold hearings, and to summon witnesses.
S e c . 5 (as amended by chapter 2160, A cts o f 1922). Said com
missioner shall employ such assistants and incur such expenses
incident to the proper discharge o f the duties o f his office as may
be necessary, not exceeding five thousand dollars in amount in
any one y ea r; but no such assistant shall be paid more than
fou r dollars per day in addition to his necessary traveling ex
penses, and the salary provided fo r said commissioner shall be in
addition to the compensation fixed by the general assembly fo r
said commissioner fo r taking the census.
[Chapter 81 o f the General Laws provides fo r the establishment
and maintenance o f free employment offices under the care and
direction o f the commissioner o f industrial statistics.
Under the law, the department o f labor consists o f a commis
sioner and a deputy commissioner, who also acts as secretary o f
the State labor board.]
49735°— 23----- 9
125
Labor disputes.
Assistants, etc.
SOUTH CAROLINA.
CODE OF 1912.
Civil Code.
Department of agriculture, commerce, and industries.
Section 851. A State department o f agriculture, commerce, and
industries is created, which shall be charged, as fa r as possible,
with the execution o f the w ork usually devolved upon a bureau o f
industries, a bureau o f agriculture, and a bureau o f publicity.
Commissioner.
Sec. 852 (as amended by act No. 346, Acts of 1912). The ch ief
officer o f the said department o f agriculture, commerce, and indus
tries shall be denominated the commissioner o f agriculture, com
merce, and industries. The said commissioner shall have the
qualifications o f a competent knowledge o f agriculture, m anufac
turing, and general industries, commerce, chemistry, and pub
licity, and shall be elected, immediately upon the approval o f this
act, by the qualified electors in the general election now provided
by law fo r the election o f State officers o f the State government,
fo r a term o f two years, and each succeeding two years thereafter
beginning on the first day o f January, 1913. In case a vacancy
should occur the governor shall appoint, fo r the unexpired term.
The commissioner shall be empowered to appoint a competent
clerk, whose qualifications shall be in the main the same as those
required o f the commissioner.
Salary.
Sec. 853. The compensation o f the commissioner o f agriculture,
commerce, and industries shall be $1,900 per annum, and that o f
the clerk $1,000 per annum, payable monthly by the treasurer, on
the warrant o f the comptroller general.
Report.
s EC. 854. The commissioner shall make and submit to the gov
ernor, on or before the tenth day o f January o f each year, a re
port covering the department’s work o f the preceding year, and
the report shall be transmitted to the general assembly, printed
in the same manner as other public documents, or as shall other
wise be ordered.
Dnties.
Sec. §55 The commissioner shall be charged with all w ork look
ing to the promotion o f agriculture, manufacturing, and other
industries, cattle raising, and all matters tending to the industrial
development o f the State, with the collection and publication o f
inform ation in regard to localities, character, accessibility, cost
and modes o f utilization o f soils and m ore specifically to the
inducement o f capital by the dessemination o f inform ation rela
tive to the adventures o f soil and climate, and to the natural re
sources and industrial opportunities offered in this S ta te; that he
shall also collect from the farm ers and landowners o f the State
and list inform ation as to lands, stating the number o f acres,
location, the terms upon which they may be b ou g h t; that a land
registry shall be kept, and in connection therewith, from time to
time publication shall be made, descriptive o f such listed agricul
tural, mineral, forest, and trucking lands and factory sites as may
be offered to the department fo r sale or share, which publication
shall be in attractive form , setting forth the county, township,
number o f acres, names and addresses o f owners, and such other
inform ation as may be helpful in placing inquiring home seekers
in communication with landowners.
reat5.artm€Bt
126
TEXT OF LAWS— SOUTH CAROLINA.
127
S e c . 856. The commissioner shall collect and collate in the form Handbook o f
o f a handbook o f the State, to be issued when practicable, infor- resources>etc*
n a tion showing the nature and industrial resources and advan
tages o f the State o f South Carolina, dealing with soil, climate,
raw and m anufactured products, agricultural and horticultural
products, textile fabrics, manufacturing industries, mines and
mining, native woods, means o f transportation, cost o f living, the
market, and all material and social advantages for those seek
ing homes and investments in agricultural or manufacturing
industries.
S e c . 858. In order to facilitate the collection and collation o f duties o f offleach [such] inform ation o f the resources o f the State on all lin es,cials*
the heads o f the several departments o f the State government and
o f the State institutions are hereby required to furnish accu
rately such inform ation as may be at their command to the com
missioner when called upon for the same. The commissioner is
hereby empowered to enter m anufacturing establishments, char
tered by the State, in prosecution o f this work, and that the cor
porations operating same shall furnish such inform ation as may
be not injurious to their business.
S e c . 860. The commissioner o f agriculture, commerce, and in d u s-. N ot to bring in
tries shall not directly or indirectly attempt to bring im m igrantsimmigrants*
into the State.
S e c . 8 6 1. He shall collect, assort, systematize, and present in a Duties,
report to the governor, on or before the 5th day o f January o f
each year, who shall transmit it to the general assembly, statis
tical details relating to all departments o f labor in this State, such
as the hours o f labor, cost o f living, supply o f labor required, esti
mated numbers o f persons depending on daily labor for their sup
p o r t Said statistics may be classified as fo llo w s :
1. Agriculture.
2. In m anufacturing and mechanical industries.
3. In transportation.
[4.] In clerical and all other skilled and unskilled labor not
above enumerated.
5. The amount o f capital invested in lands, buildings, machin
ery, material, and means o f production and distribution generally.
6. The number, age, sex, and condition o f persons em ployed;
the nature o f their em ploym ent; the number o f hours o f labor per
day, and the wages received in each o f the industries and em
ployments enumerated.
7. The sanitary conditions o f factories, foundries, machine
shops, mercantile establishments, where five or more people are
employed as laborers.
8. The number, condition, and nature o f employment o f the in
mates o f the State prison, eounty jails, and reform atory institu
tions, and to w hat extent their employment comes in competi
tion with the labor o f artisans and laborers outside o f these
institutions.
9. A ll such other inform ation in relation to labor as may seem
advisable to further the object sought to be obtained by this
article.
S e c . 862. The commissioner shall annually, on or before the first Schedule of in,
day o f November, transmit by mail to the owner, operator, or <iuirymanager o f every m anufacturing establishment in this State a
schedule embodying inquiries as to—
1. Name o f person, partnership, or corporation.
2. Kinds o f goods manufactured or business done.
3. Number o f partners or stockholders.
4. Capital invested.
5. Average number o f persons employed, distinguishing as to
sex, adults, and children under sixteen years o f age.
6. T otal wages, not including salaries o f managers, paid dur
ing the year, distinguishing as to sex, adults, and children under
sixteen years o f age.
128
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Answer to in S e c . 863. The owner, operator, or manager o f every establishquiries.
ment which is engaged in m anufacturing shall answer the inqui
ries thereon fo r the twelve months, November 1st to October 31st
preceding, and return said schedule to the comm issioner on or
before the fifth day o f Decem ber follow ing receipt o f said
schedule.
information to
S e c . 864. It shall be the duty o f all State and county officials,
be furnished.
every employer o f labor, and every person engaged in any indus
trial pursuit, to give to the commissioner, or his agents, all neces
sary inform ation to enable him to perform the duties herein
required o f him.
Sec. 865. The commissioner shall have power to send for per
sons or papers whenever in his opinion it is necessary, and he
m ay exam ine witnesses under oath, being duly qualified to admin
ister the same in the performance o f his duty, and the testim ony
so taken m ust be filed and preserved in the office o f the com
m issioner; he and his agents and inspectors shall have free
access to a ll places where five or more people are employed as
laborers.
Names not to
Sec. 866. No use shall be made in the reports o f the commisbe disclosed.
sioner o f the names <of individuals, firms, or corporations sup
Powers.
plying the inform ation called fo r by this article, such inform ation
being deemed confidential and not fo r the purpose o f disclosing
any person’s affairs.
Inspectors.
S e c . 867. Said commissioner may employ tw o inspectors, who
shall be appointed by the commissioner at a salary o f ten hun
dred dollars each per annum and necessary traveling expenses,
not to exceed tw o hundred dollars each in any one year, to as
sist him in the discharge o f the duties imposed by this article
from and including section 861 to the end o f this article. The
inspectors shall be under the supervision and control o f the
commissioner.
Access to buildS e c . 868. The commissioner, his agents and inspectors, may
ings*
enter all buildings and parts thereof which are subject to the
provisions o f this article and examine the methods o f protection
from accidents, the means o f escape from fire, the sanitary pro
visions and the means o f ventilation, and may make investiga
tions as to the employment o f children and women.
W ater-closets,
gEC# g 69. E very factory, m ercantile or other establishment or
etc.
office where tw o or m ore males and tw o or more fem ales are
employed together, shall be provided w ith a sufficient number o f
separate water-closets, earth closets, or privies, fo r the use o f
each sex, and plainly so designated; and no person shall be
allowed to use a closet or privy which is provided fo r persons o f
other sex. Such water-closets, earth closets, or privies, shall be
kept clean and free from disagreeable odors.
Employment oi
S e c . 870. It shall be the duty o f each corporation or other em
children.
ployer to place in one or m ore conspicuous places in each room o f
the factory in which any children under fourteen years o f age are
employed a notice or notices to the effect that said children are
forbidden to clean any gears, cams, or pulleys, or to clean in dan
gerous proxim ity thereto, while the same are in motion by aid o f
steam, water, electricity, or other mechanical p o w e r ; and no such
employer, or its officers, superintendents, overseers, or agents
shall knowingly or w illfu lly permit or consent to such children
so cleaning the said moving parts.
Statements as
S ec .. 8 7 1 . E very person, firm, or corporation employing children
to age, etc.
shall procure from the parent, guardian, or person in custody o f
said child or children, a signed statement in w hich shall be
recorded the name, birthplace, age, and place o f residence o f
every such child under fourteen years o f age, and the same shall
be produced fo r inspection on demand o f the comm issioner or his
agents or inspectors.
Inspections.
S e c . 872. The inspectors appointed under this article are em
powered to visit and inspect, at reasonable hours, and as often as
129
TEXT OF LAWS— SOUTH CAROLINA.
practicable, the factories, workshops, and other establishments in
this State referred to in this article, and shall report to the com
missioner the result of their inspections. They shall enforce the
provisions of this article and prosecute all violations of the same.
S e c . 873. All blanks and forms required by the commissioner
under this article shall be furnished by the comptroller general.
S e c . 874. Inspectors provided for in this article shall keep and
furnish to the comptroller general and commissioner itemized
statements of necessary expenses incurred in enforcing this ar
ticle. And all the money paid out under this article shall be on a
warrant of the comptroller general.
[The reported organization of the department is the com m it
sioner and a chief inspector.]
Blanks.
Expenses.
SOUTH DAKOTA.
REVISED CODE—1919.
Commissioner of immigration.
Board
tinued.
con*
Commissioner.
Duties.
S e c t i o n 10119. The State board of immigration, heretofore
created, shall continue to be composed of three members; the
governor, the secretary of State and the commissioner of school
and public lands, who shall serve as such without compensation.
The governor shall be ex officio chairman of such board.
S e c . 10120. Such board shall appoint a qualified elector of this
State to be its general executive, who shall be officially known and
styled commissioner of immigration. Such commissioner shall
hold office during the pleasure of the board and shall receive
such compensation as the board shall determine. The person
so appointed shall qualify by subscribing the constitutional oath
of office and executing to the Sthte an official bond in the penal
sum of ten thousand dollars, with sufficient security, to be ap
proved, recorded and filed as the official bonds of other State
officers, conditioned upon the faithful discharge of the duties of
his office. It shall be the duty of such commissioner, under the
direction of the board of immigration, to look after and devise
means to advance the immigration interests of the State and to
encourage and promote the permanent settlement and improve
ment of all sections of the State. He shall prepare, publish
and distribute, by mail and otherwise, documents and articles of
reading matter and advertisements designed to convey correct
and full information on all matters pertaining to the growth and
development of the agricultural, manufacturing, commercial, and
mining interests of the State. He may in his discretion, with the
approval o f such board, prepare displays or exhibits of the agri
cultural, horticultural and manufactured products and mineral
specimens o f the State for such exhibition, or display as such
board may direct He shall attend to all correspondence relat
ing to immigration and do all in his power to secure the most
liberal and extensive advertisement of the resources and oppor
tunities of the State. It shall be his duty to encourage the in
vestment of capital in agriculture, in mining and other industrial
pursuits, and to facilitate the coming to the State of persons and
families seeking locations for new homes.
Industrial commissioner.
Who to act.
Expenses, etc.
Assistants.
S e c t i o n 9464. The office of the industrial commissioner shall
continue as heretofore created; the commissioner of immigration
shall be ex officio industrial commissioner, and such industrial
commissioner shall have authority and be charged with the duty
o f carrying out and enforcing the provisions of this article [relat
ing to workmen’s compensation]. He shall also assist employers
o f labor to secure needed laborers, assist laborers to secure posi
tions, and cooperate with the United States department o f labor,
and agencies of this State, in maintaining a free employment
service for bringing employer and laborer together.
S e c . 9465. The actual necessary expenses o f the industrial
commissioner shall be paid by the State, and he shall be provided
with adequate and necessary office rooms, furniture, equipment,
and other supplies necessary to the discharge of his duties. The
commissioner, by and with the consent of the governor, may ap
point a deputy and employ such other assistants and clerical help
130
TEXT OF LAWS— SOUTH DAKOTA,
as may be required and fix the compensation of each: Provided,
That the salary of the deputy shall not exceed fifteen hundred
dollars per annum. Such deputy shall possess and exercise all
the powers conferred by this article upon the industrial com
missioner, and, except as to appointment and salary, the phrase
“ industrial commission,” wherever it occurs in this article, shall
be construed to include such deputy. The commissioner shall
provide himself with a seal, which shall be used to authenticate
his orders, decisions and other proceedings deemed necessary,
upon which shall be inscribed the words, “ South Dakota Indus
trial Commissioner.” The commissioner shall have the power
to remove at any time any person appointed or employed by him.
Before entering upon his duties the commissioner shall qualify
by taking the constitutional oath of office.
[The commissioner and a deputy constitute the reported organ
ization. An official communication reports no other activities
engaged in than those connected with the administration of the
compensation law.]
131
TENNESSEE.
ACTS OF 1923.
C hapter
Powers.
Divisions.
7 .—
Administration officials—Department of labor.
S e c t i o n 5 5 . The department of labor shall have power:
1. To exercise all the rights, powers, and duties vested by law
in the chief mine inspector, the mining statistician, the district
mine inspectors, and their assistants and employees;
2. To exercise all the rights, powers, and duties vested by law
in the workshop and factory inspector, his deputies, assistants,
and employees;
3. To supervise the administration o f the workmen’s compen
sation law;
4. To inspect hotels now under the supervision of the food and
drug inspector;
5. To collect information on the subject of labor, its relation
to capital, the hours of labor, and the earnings of laboring men
and women, and the means of promoting their material, social,
intellectual, and moral prosperity;
6. To visit and inspect during reasonable hours all shops,
factories, and mercantile establishments and other places where
workmen are employed as often as necessary, and to cause the
provisions of law to be enforced therein;
7. To inspect the sanitary conditions, system of sewerage,
system of heating, lighting, and ventilating of rooms where per
sons are employed at labor, and the means of exit in case of fire,
or other disaster within or connected with shops and factories;
8. To examine the machinery in and about workshops and fac
tories, to see that it is not located so as to be dangerous to em
ployees when engaged in their ordinary duties;
9. To declare and prescribe what safety devices, safeguards, or
other means of protection are well adapted to render employees
or places of employment sa fe ;
10. To order such reasonable changes in the construction, main
tenance, and repair of places of employment as shall render them
sa fe ;
11. To require the performance of any act necessary for the
protection of life, health, and safety of employees;
12. To collect and compile reliable data, which, if disseminated,
would tend to the development of the State by inducing popula
tion and capital to come within its borders.
Sec. 56. The department of labor shall be organized under four
divisions, as follow s:
1. The division o f mines, the head of which shall be the chief
mine inspector;
2. The division o f factory inspection, the head of which shall
be the chief factory inspector;
3. The division o f fire prevention, the head of which shall be
the State fire marshal;
4. The division o f workmen’s compensation, the head of which
shall be the superintendent of workmen’s compensation.
The commissioner of labor shall act as the head of the division
of fire prevention, or the division of factory inspection, or the
division o f mines: Provided, That no additional compensation
132
TEXT OF LAWS— TENNESSEE,
shall be paid the commissioner for acting as head of one of the
divisions. In case said commissioner of labor shall act as head
of the division of mines, he shall be a person thoroughly con
versant with the theory and practice of coal mining, but who is
not identified with either coal operators or coal miners.
Approved January 31, 1923.
[The department consists of a commissioner; a secretary; a
chief inspector, a special inspector, and four deputy inspectors of
factories; a chief inspector and three district inspectors of mines;
a hotel inspector; six assistants in the division of fire prevention;
a superintendent of division of workmen’s compensation; and five
clerks and stenographers.]
133
TEXAS.
REVISED CIVIL STATUTES—191L
Bureau of labor statistics.
Bureau created.
Commissioner.
Bond.
Duties.
R eports.
A b t i c l e 5235. The bureau of labor statistics shall be under the
charge and control of a commissioner of labor statistics.
A r t . 5286. The commissioner of labor statistics shall be ap
pointed by the governor, whose term of office shall begin on the
first day of February of every odd-numbered year, and shall con
tinue for two years, and until his successor is appointed and quali
fied. The commissioner may be removed for cause by the gov
ernor, record thereof being made in his office [sic], and any
vacancy shall be filled in the same manner as the original appoint
ment. Said commissioner shall give bond in the sum of two
thousand dollars, with sureties to be approved by the governor,
conditioned for the faithful discharge of the duties of his office,
and he shall also take the oath of office prescribed by the consti
tution. He shall have an office in the capital building; and, except
as hereinafter provided, he shall safely keep and shall deliver to
his successors all records, papers, documents, correspondence, and
property pertaining to or coming into his hands by virtue of his
office.
A r t . 5237. The commissioner shall collect, assort, systematize,
and present in biennial reports to the governor, statistical details
relating to all departments of labor in Texas, and especially as
affecting or bearing upon the commercial, social, educational, and
sanitary conditions of the employees and their families, the
means of escape from dangers incident to their employment, the
protection of life and health in factories and other places of em
ployment, the labor of children and of women and the number of
hours of labor exacted o f them, and, in general, all matters and
things which affect or tend to affect the prosperity of the mechani
cal, manufacturing, and productive industries of this State, and of
the persons employed therein. Said commissioner shall, also, as
fully as may be done, collect reliable reports and information
from each county, showing the amount and condition of the me
chanical, mining, and manufacturing interests therein, and all
sites offering natural or acquired advantages for the location and
operation o f any of the different branches of industry, and he
shall, by correspondence with interested parties in other parts of
the United States, or in foreign countries, impart to them such
information as may tend to induce the location of manufacturing
and producing plants within the State, together with such infor
mation as may tend to increase the employment of labor and the
products of such employment in Texas.
A r t . 5238. In each biennial report, the commissioner shall give
a full statement of the business o f the bureau since the last pre
ceding report, and such information as may be of value to the in
dustrial interests and to persons employed therein, showing, among
other things, the number o f laborers and mechanics employed, the
number of apprentices in each trade, with the nativity of such
laborers, mechanics, and apprentices, the wages earned, the sav
ings from the same, the age and sex of the persons employed, the
number and character of accidents, the sanitary conditions of
places where persons are employed, the restrictions put upon
apprentices when indentured, the proportion of married employees
living in rented houses, with the average rental paid, the value of
134
TEXT OE LAWS— TEXAS,
135
property owned by such employees, and a statement as to the
progress made in schools in operation for the instruction of
students in mechanic arts, and what systems have been found
most practical; but such reports shall not contain more than six
hundred printed pages, and the same shall be printed and dis
tributed in such manner as is or may be provided by law.
A s t . 5239. The commissioner shall have power to issue subPowers,
poenas, administer oaths, and take testimony in all matters related
to the duties herein required of the said bureau, but such testi
mony must be taken in the vicinity of the residence or office of
the person testifying.
A r t . 5240. No report or return made to the bureau under the
Returns to be,
provisions of this chapter, or the penal laws of this State, and ™**1ned two
no schedule, record, or document gathered or returned by it s y
officers or employees shall be destroyed within two years of the
collection or receipt thereof; but at the expiration of two years
all such reports, returns, schedules, records, and documents as
shall be considered by the commissioner to be of no further value
shall be destroyed: Provided, That the permission of the governor
shall first be obtained for such destruction.
A r t . 5241. Upon the written complaint of two or more persons,
Action on com*
or upon his failure otherwise to obtain information in accord- plaint*
ance with the provisions of this law, the commissioner shall have
the power to en-ter any factory, mill, workshop, mine, store, busi
ness house, public or private work, or other establishment or place
where five or more persons are employed at work when the same
is open and in operation, for the purpose of gathering facts and
statistics, such as are contemplated by this chapter, and for the
purpose of examining into the methods of protecting employees
from danger and the sanitary conditions in and around such
building or place, of all of which the said commissioner shall
make and return [to] the bureau of labor statistics a true and
detailed record in writing.
A r t . 5242. If the commissioner shall learn of any violation of
Attorneys
to
the law with respect to the employment of children, or fire es- act» when*
capes, or the safety of employees, or the preservation of health,
or in any other way affecting the employees, he shall at once
give written notice of the facts to the county or district attorney
of the county in which the law has been violated, or of some other
county, if any there be, having jurisdiction of the offense, and
the county or district attorney to whom such notice has been
given shall immediately institute the proper proceedings against
the guilty person.
A r t . 5243 (as amended by chapter 106, Acts of 1919). The
Salary,
commissioner of the bureau of labor statistics shall receive a
salary of $3,000 per annum, payable monthly, and he shall be al
lowed a secretary at a salary of $1,800 per annum; an assistant Assistants,
secretary and stenographer at a salary of $1,500 per annum; a
chief deputy at a salary of $2,000 per annum; six deputies at a
salary of $1,800 each per annum; a chief of the woman’s division
at a salary of $2,000 per annum; and two women inspectors
at a salary of $1,800 each per annum—each to be appointed by
him—and such assistants and employees as the legislature may
at any time in the future authorize, within the limits of the
appropriations made therefor. The commissioner shall also be
allowed necessary postage, stationery, printing, and other ex- Expenses,
penses to transact the business of the bureau, within the limits
of the appropriations made therefor, and the salary shall be
paid as in the case o f other State officers and employees. In
addition to his salary, the commissioner and any employee of the
bureau shall be allowed his actual necessary traveling expenses
while in the performance of duties required by this act, and
within the limits of the appropriations made therefor.
136
LAW S PROVIDING FOR BUREAUS OF LABOR, ETC.
REVISED CRIMINAL STATUTES— 1911.
Bureau of labor statistics.
1585, 1586. [See Arts. 5287, 5289, pp. 184 and 185.]
1587. It shall be the duty of every owner, manager, and
superintendent of every factory, mill, workshop, mine, store,
business house, public or private work, or any other establish
ment or place, where five or more persons are employed at work,
to make to the bureau of labor statistics, upon blanks to be fur
nished by such bureau, such reports and returns as said bureau
may require for the purpose of securing such labor statistics as
are contemplated by this chapter; and such reports and returns
shall be made within not to exceed sixty days from the receipt
of the blanks furnished by the commissioner or by the bureau;
and the same shall be verified under oath. Any owner, manager,
superintendent, or other person in charge or control of any fac
tory, mill, workshop, mine, store, business house, public or pri
vate work, or other establishment or place, where five or more
persons are employed at work, who shall neglect or refuse to
make such reports and returns as are required by the provisions
of this chapter, shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a fine of not to
exceed one hundred dollars, or by imprisonment in the county
jail for not to exceed thirty days.
to
A r t . 1588. In the reports made by the commissioner of labor
statistics to the governor, the names of individuals, firms, or
corporations, supplying information under the provisions of this
chapter, shall not be disclosed; nor shall the name of any such
individual, firm, or corporation be communicated to any person
or persons, except such as are employed in the bureau of labor
statistics; and any officer or employee of such bureau violating
any of the provisions of this article shall be deemed guilty of a
misdemeanor, and, upon conviction, shall be fined not to exceed
five hundred dollars, or by imprisonment in the county jail for
not more than ninety days.
Reports of em
ployers.
Names not
be disclosed.
A
A
r t ic l e s
rt.
A rts. 1589, 1590. [See Arts. 5241, 5242, p. 135.]
Hindering commissioner.
r t . 1591. Any owner, manager, superintendent, or other per
son in.charge or control of any factory, mill, workshop, mine,
store, business house, public or private work, or other establish
ment or place, where five or more persons are employed at work,
who shall refuse to allow any officer or employee of the said
bureau of labor statistics to enter the same, or to remain therein
for such time as is reasonably necessary, or who shall hinder
any such officer or employee, or in any way prevent or deter him
from collecting information, shall be deemed guilty of a mis
demeanor, and, upon conviction, shall be fined in any sum not to
exceed one hundred dollars, or imprisonment in the county jail
for not to exceed sixty days.
[See also Arts. 5235-5243, pp. 134 and 135.]
[The personnel of the bureau consists of the commissioner and
a director of the woman’s division.]
A
UTAH.
COMPILED LAWS—1917.
Industrial commission.
S e c t io n 3061. There is hereby created the industrial commission C o m m i s s i o n
of Utah, to be composed of three members, who shall be ap- created,
pointed by the governor within thirty days after this title goes
into effect. Two o f the members of such commission shall be
appointed for the term o f two years and one for four years, and
thereafter each member shall be appointed with the advice and
consent o f the senate, for the term of four years. Not more than
two o f the members o f said commission shall belong to the same
political party.
S e c . 3 0 6 2 . The governor at any time may remove any member
Removals,
of the commission for inefficiency, neglect o f duty, malfeasance,
misfeasance, or nonfeasance in office.
S e c . 3 0 6 3 . No commissioner shall hold any office o f trust or
other employprofit, or engage in any occupation or business interfering o r m«»t*
inconsistent with his duties as such commissioner, and no com
missioner shall serve on any committee o f any political party.
S e c . 3 0 6 4 . Each o f said commissioners shall receive an annual
Salary, bond,
salary of $ 4 ,0 0 0 , payable in the same manner as the salaries o f etc*
other officers of the State are paid. Before entering upon the
duties of his office, each commissioner shall take and subscribe to
the constitutional oath of office, which oath shall be filed in the
office of the secretary of state. Each member of the commission
shall give a corporate surety bond in the sum of $10,000, which
bond shall be approved by the governor and filed with the State
treasurer. All employees or deputies of the commission receiving
or disbursing funds of the State shall give corporate surety bonds
to the State in amounts and with surety to be approved by the
commission. The premiums o f all bonds provided for in this sec
tion shall be paid out of the State treasury.
S e c . 3 0 6 5 . Within thirty days after this title goes into effect,
Organization,
the commission shall meet at the seat of government and organize
by choosing one o f its members as chairman. A majority of the
commission shall constitute a quorum to transact business. No
vacancy shall impair the rights of the remaining commissioners
to exercise all the powers o f the commission; and in case a va
cancy exists, the remaining members o f the commission shall
exercise all of the powers and authorities of the commission
until such vacancy is filled.
S e c . 3 0 6 6 . The commission shall keep and maintain its offices at
offices,
the State capitol, in suitable room or rooms. Necessary office
furniture shall be furnished to the commission in the State
capitol. The commission may hold sessions in any place within
the State of Utah.
S e c . 3 0 6 7 . The commission shall have an official seal for the auSeal,
thentication of its orders and proceedings, upon which seal shall
be engraved the words, “ The Industrial Commission o f Utah,”
and such other design as the commission may prescribe; and the
courts of this State shall take judicial notice of the seal o f the
commission, and in all cases copies of orders, proceedings, or
records in the office of the industrial commission of Utah, certified
by the secretary of the said commission under its seal, shall be
equal to the original as evidence.
137
138
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
S e c . 3068. The commission shall be open fo r the transaction o f
business during all business hours o f each and every day except
Sunday and legal holidays. The sessions o f the comm ission shall
be open to the public. A ll proceedings o f the commission shall
be shown on its records, which shall be a public record, and all
voting shall be had by calling each member’s name by the secre
tary, and each member’s vote shall be recorded on the proceed
ings as cast.
Rule#.
S ec. 3069. Subject to the provisions o f this title, the commission
m ay adopt its own rules o f procedure, and m ay change the same
from time to time in its discretion.
Employee*.
s e c . 3070. The commission m ay employ a secretary, deputies,
actuaries, accountants, inspectors, examiners, experts, clerks, phy
sicians, stenographers, and other assistants, and fix their compen
sation. Such employment and compensation shall be first ap
proved by the governor, and shall be paid out o f the State treas
ury. The members o f the commission, deputies, secretary, actu
aries, accountants, inspectors, examiners, experts, clerks, phy
sicians, stenographers, and other assistants that m ay be em
ployed shall be entitled to receive from the State treasury their
salaries or compensation, and also their actual and necessary ex
penses while traveling on the business o f the commission, and
the members o f the commission may confer and meet w ith officers
o f other States and officers o f the United States on any matters
pertaining to their official duties. Such expenses shall be item
ized and sworn to by the person w ho incurred the expense and
allowed b y the commission.
Access to work
S e c . 3074. A ny commissioner or deputy o f the commission may
places.
enter any place o f employment fo r the purpose o f collecting facts
and statistics, exam ining the provisions made fo r the health,
safety, and w elfare o f the employees therein, and bring to the
attention o f every employer any law, or any order o f the com
mission, and any failure on the part o f such employer to com ply
therewith. No employer shall refuse to admit any comm issioner
or deputy o f the commission to his place o f em ploym ent
Power of comS e c . 3075. The commission is vested with the power and jurismission.
diction to have such supervision o f every employment and place o f
employment and o f every building and establishment in this State
as may be necessary adequately to enforce and administer all
laws and all law ful orders requiring every employment and place
o f employment to be safe, and requiring the protection o f the life,
health, safety, and w elfare o f every employee in such employment
or place o f employment.
Same.
S e c . 3076 (as amended by chapter 67, A cts o f 1921). It shall
also be the duty o f the commission, and it shall have fu ll power,
jurisdiction, and au th ority:
(1 ) T o administer and enforce all law s fo r the protection o f
life, health, safety, and w elfare o f em ployees;
(2 ) T o ascertain and fix such reasonable standards and pre
scribe, m odify and enforce such reasonable orders fo r the adoption
o f safety devices, safeguards, and other means or methods o f
protection, to be as nearly uniform as possible, as m ay be neces
sary to carry out all law s and law fu l orders relative to the pro
tection o f the life, health, safety, and w elfare o f employees in
employment and places o f em ploym ent;
(3 ) T o ascertain, fix, and order such reasonable standards fo r
the construction, repair, and maintenance o f places o f employ
ment as shall render them s a fe ;
(4 ) T o investigate, ascertain, and determine such reasonable
classifications o f persons, employments, and places o f employment
as shall be necessary to carry out the purposes o f this t itle ;
(5 ) T o do all in its power to prom ote the voluntary arbitration,
mediation, and conciliation o f disputes between employers and
em ployees;
(6 ) T o establish and conduct free employment agencies, and
license, supervise and regulate private employment offices and
to do all in its power to bring together employers seeking emSessions,
etc.
TEXT OF LAWS— UTAH,
139
ployees and working people seeking employment, and to make
known the opportunities fo r employment in this State;
(7 ) T o collect, collate, and publish all statistical and other
inform ation relating to employees, employers, employments, and
places o f employment and such other statistics as it may deem
p ro p e r;
(8 ) Upon petition by any person that any employment or place
o f employment is not safe or is injurious to the w elfare o f any
employee, the commission shall proceed, with or without notice,
to make such investigation as m ay be necessary to determine the
matter complained of. A fter such investigation, the commission
shall enter such order relative thereto as m ay be necessary to
render such employment or place o f employment safe and not
injurious to the w elfare o f the employees therein.
Whenever the commission shall believe that any employment
or place o f employment is not safe or is injurious to the w elfare
o f any employee, it may o f its own motion summarily investigate
the same, with or w ithout notice, and issue such order as it m ay
deem necessary to render such employment or place o f employment
sa fe ;
(9 ) A ll duties, liabilities, authority, powers, and privileges con- Transfer of duferred and imposed by law upon the commissioner o f im m igration,ties*
labor, and statistics, State mine inspector o f coal and hydro
carbon mines, and board o f conciliation and arbitration are hereby
imposed upon the commission. A ll laws relating to the commis
sioner o f immigration, labor, and statistics, State mine inspector
o f coal and hydro-carbon mines, and board o f conciliation and
arbitration shall apply to, relate, and refer to the industrial com
mission o f Utah. The industrial commission o f Utah shall be
deemed the commissioner o f immigration, labor, and statistics,
State mine inspector o f coal and hydro-carbon mines, and board o f
labor conciliation and arbitration within the meaning o f the
existing la w s;
(10) A ll orders o f the commission in conform ity with law shall Orders,
be valid and in force and prima facie reasonable and law ful until
they are found otherwise in an action brought fo r that purpose
pursuant to the provisions o f this title or until altered or revoked
by the com m ission;
(11) A ll general orders o f the commission shall take effect
within thirty days after their publication, special orders shall
take effect as therein directed.
The commission shall, upon application o f any employer, grant
such time as may be reasonably necessary fo r compliance with
any order.
A ny person m ay petition the commission fo r an extension o f
time, which the commission shall grant i f it find such extension
©f time necessary.
S e c . 8077 (as amended by chapter 67, Acts o f 1921). (1 ) A ny
Hearing,
employer or other person interested either because o f ownership in
or occupation o f any property affected by any such order, or oth
erwise, may petition fo r a hearing on the reasonableness and law
fulness o f any order o f the commission provided in this title.
(2 ) Such petition fo r hearing shall be by verified petition filed
with the commission, setting out specifically and in fu ll detail
the order upon which a hearing is desired, and every reason w hy
such order is unreasonable or unlawful, and every issue to be con
sidered by the commission on the hearing. The petitioner shall
be deemed to have finally waived all objection to any irregu
larities and illegalities in the order upon which a hearing is
sought other than those set forth in the petition.
(§ ) Upon receipt o f such petition, i f the issues raised in such
petition have theretofore been adequately considered, the com
mission shall determine the same by confirming, w ithout hearing,
its previous determination, or if such hearing is necessary to
determine the issue raised, the commission shall order a hearing
thereon and consider and determine the matter or matters in ques-
140
Application.
Powers.
Witnesses.
Depositions.
Records.
Rules, etc.,
be published.
Agents.
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
tion at such time as shall be prescribed. Notice o f the time and
place o f such hearing shall be given to the petitioner and to such
other persons as the commission may find directly interested in
such decision.
(4 ) Upon such investigation i f it shall be found that the order
complained o f is unlawful or unreasonable, the commission shall
substitute therefor such other order as shall be law fu l and
reasonable.
(5 ) Whenever at the time o f final determination upon such
hearing it shall be found that further time is reasonably neces
sary fo r compliance with the order o f the commission, the com
mission shall grant such time as may be reasonably necessary fo r
such compliance.
Sec. 3078. No action, proceeding, or suit to set aside, vacate, or
amend any order o f the commission, or to enjoin the enforcement
thereof, shall be brought unless the plaintiff shall have applied
to the commission fo r a hearing thereon at the time and as pro
vided in section 3077 and in the petition therefor shall have raised
every issue raised in such action. Every order o f the commission
shall, in every prosecution fo r violation thereof, be cone1asively
presumed to be just, reasonable, and law ful, unless prior to the
institution o f the prosecution fo r such violation an action shall
have been brought to vacate and set aside such order, as provided
in section 3087.
Sec. 3079. Each o f the commissioners and the secretary o f the
commission, fo r the purposes mentioned in this title, shall have
power to administer oaths, certify to official acts, issue subpoenas,
compel attendance o f witnesses and the production o f papers,
books, accounts, documents, and testimony. In case o f the failure
o f any person to com ply with any order o f the commission or any
subpoena law fully issued, or upon the refusal o f any witness to
testify to any matter regarding which he may be law fully interro
gated, it shall be the duty o f the district court o f any county in
this State, on the application o f a commissioner, to compel
obedience by attachment proceedings fo r contempt, as in the case
o f disobedience o f the requirements o f a subpoena issued from
such court or a refusal to testify therein.
Sec. 3080. Each witness who shall appear before the commis
sion by its order shall receive fo r his attendance the fees and
mileage now provided fo r witnesses in civil cases in the district
court, which shall be audited and paid by the State out o f the
State treasury, in the same manner as other expenses are audited
and paid, upon the presentation o f properly verified vouchers ap
proved by the chairman o f the commission. But no witness
subpoenaed at the instance o f the parties other than the commis
sion shall be entitled to compensation from the State fo r attend
ance or travel unless the commission shall certify that his testi
mony was material to the matter investigated.
Sec. 3081. The commission or any party m ay in any investiga
tion cause depositions o f witnesses residing within or without the
State to be taken as in civil actions.
Sec. 3082. A fu ll and complete record shall be kept o f all
proceedings had before the commission on any investigation, and
all testimony shall be taken down by a stenographer appointed
by the commission.
to Sec. 3083. Publication o f rules and orders o f the commission
shall be made by the commission in pamphlet form , to be fu r
nished on demand at the office o f the commission. The expenses
o f publication shall be audited and paid as are other expenses o f
the commission.
Sec. 3084. 1. F or the purpose o f making any investigation with
regard to any employment or place o f employment, the commission
shall have power to appoint, by an order in writing, any member
o f the commission, any deputy, or any other competent person
who is a resident o f the State as an agent, whose duty shall be
prescribed in such order.
TEXT OF LAWS— UTAH,
2. In the discharge o f his duties such agent shall have every
power whatsoever o f an inquisitorial nature granted in this title
to the commission, and the same powers as a referee appointed
by a district court w ith regard to taking testimony.
3. The commission may conduct any number o f such investiga
tions contemporaneously through different agents, and may dele
gate to such agents the taking o f all testimony bearing upon any
investigation or hearing. The decision o f the commission shall
be based upon its examination o f all testimony and records. The
recommendations made by such agents shall be advisory only
and shall not preclude the taking o f further testimony if the
commission so orders, nor further investigation.
S e c . 3085. The commission shall have authority to direct any
deputy to act as special prosecutor in any action, proceeding,
investigation, hearing, or trial relating to matters within its
jurisdiction.
Upon the request o f the commission, the attorney general, dis
trict attorney, or the county attorney o f the county in which any
invesigation, hearing, or trial had under the provision o f this
title is pending, shall aid therein and prosecute, under the super
vision o f the commission, all necessary actions or proceedings
fo r the enforcement o f this title and all other laws o f this State
relating to the protection o f life, health, safey, and welfare, and
fo r the punishment o f all violations thereof.
Sec. 3086. A substantial compliance with the requirements of
this title shall be sufficient to give effect to the orders of the
commission, and they shall not be declared inoperative, illegal, or
void for any omission of a technical nature in respect thereto.
141
Investigations.
Attorneys.
Compliance.
Precedence.
S e c . 3091. A ll actions and proceedings under this title and all
actions or proceedings to which the commission or this State may
be parties, and in which any question arises under this title or
under or concerning any order o f the commission, shall be pre
ferred over all other civil cases, except election causes and causes
involving or affecting the public utilities commission, irrespective
o f position on the calendar. The same preference shall be granted
upon application o f the attorney o f the commission in any action
or proceeding in which he may be allowed to intervene.
Sec. 3092. I f any employer, employee, or other person shall Violations.
violate any provisions o f this title or shall do any act prohibited
by this title or shall fa il or refuse to perform any duty law fully
enjoined, within the time prescribed by the commission, for which
no penalty has been specifically provided, or fail, neglect, or
refuse to obey any law fu l order given or made by the commission,
or any judgment or decree made by any court in connection with
provisions o f this title, fo r each such violation, failure, or refusal
such employer or other person shall be fined not less than $50 nor
more than $1,000 fo r the offense, and not less than $100 nor more
than $5,000 fo r each subsequent offense.
Each day an
S e c . 3093. Every day during which any person, persons, or cor
porations, or any officer, agent, or employees thereof, shall fa il to offense.
observe and comply with any order o f the commission, or to per
form any duty enjoined by this title, shall constitute a seperate
and distinct violation o f such order, or said section, as the same
may be.
Employers’
S ec. 3094 (as amended by chapter 67, Acts o f 1921). Every
employer shall furnish the commission upon request all inform a statements.
tion required by it to carry out the purpose o f this title. In the
month o f July o f each year every employer shall prepare and
mail to the commission at the State capitol, Salt Lake City, Utah,
a statement containing the follow ing inform ation, v i z : The num
ber o f employees employed during the preceding year from
July 1 to June 30, inclusive; the number o f such employees
employed at each kind o f em ploym ent; and the scale o f wages
paid to each class o f employment, showing the minimum and
maximum wage paid, and the aggregate amount o f wages paid
to all em ployees; which inform ation shall be furnished on a
49735°— 23------ 10
142
Definitions.
LAWS PROVIDING POR BUREAUS OP LABOR, ETC.
blank or blanks to be prepared by the com m ission; and it shall
be the duty o f the commission to furnish such blanks to employers
free o f charge, upon request therefor. E very employer shall cause
said blanks to be properly filled out so as to answer fu lly and
correctly all questions therein propounded, and to give all the
inform ation therein sought, or i f unable to do so, he shall give
to the commission, in writing, good and sufficient reasons fo r such
failure. The commission may require the inform ation herein
required to be furnished to be certified under oath and returned
to the commission within the period fixed by it or by law. The
commission, or any member thereof, or any person employed by
the commission fo r that purpose, shall have the right to examine,
under oath, any employer, or the officer, agent, or employee
thereof, fo r the purpose o f ascertaining any inform ation which
such employer is required by this title to furnish to the com
mission.
A ny employer who shall refuse to furnish to the commission
the annual statement herein required, or who shall refuse to
furnish* such other inform ation as may be required by the com
mission under authority o f this section, or who shall w illfu lly
furnish a false or untrue statement, shall Be liable to a penalty
o f not to exceed $500 fo r each offense, to be collected in a civil
action brought against said employer in the name o f the State;
all such penalties, when collected, shall be paid into the State
treasury.
S e c . 3112 (as amended by chapter 67, Acts o f 1921). The fo l
low ing terms as used in this title shall be construed as fo llo w s :
(1 ) The term “ o r d e r ” shall mean and include any decision,
rule, regulation, direction, requirement, or standard o f the com
mission, or any other determination arrived at or decision made
b y such commission.
(2 ) The term “ general o r d e r ” shall mean and include such
order as applies generally throughout the State to all persons,
employments or places o f employment o f a class under the ju ris
diction o f the commission. A ll other orders o f . the commission
shall be considered special orders.
♦
*
*
*
*
3157. Upon the request o f the commission, the attorney
general or, under his direction, any district attorney or the county
attorney o f any county, shall institute and prosecute the necessary
actions or proceedings fo r the enforcement o f any o f the provi
sions o f this title, or fo r the recovery o f any money due the State
insurance fund, or any penalty herein provided for, arising w ithin
the county in which he was elected, and shall defend in like
manner all suits, actions, or proceedings brought against the com
mission or the members thereof in their official capacity.
E xpen ditu re
Sec. 3158. The commission m ay make necessary expenditures to
for information. 0 kfcain statistical and other inform ation provided fo r herein.
Annual report.
S e c . 3159 (as amended by chapter 67, A cts o f 1921). On or
before the fifteenth day o f December, preceding the regular ses
sions o f the legislature, the commission, under the oath o f at
least tw o o f its members, shall make a report to the governor fo r
the preceding biennial period, which shall include a statement o f
the number o f awards made by it, and a general statement o f the
causes o f accidents leading to the injuries fo r which the awards
were made, a detailed statement o f the disbursements from the
expense fund, and the condition o f its respective funds, together
with any other matters which the commission deems proper to
call to the attention o f the governor, including any recommenda
tions it m ay have to m a k e; and it shall be the duty o f the com
m ission from time to time to publish and distribute among em
ployers and employees such general inform ation as to the business
transacted by the department as in its judgment m ay be useful.
Restraining orS e c . 3161. No injunction shall issue suspending or restraining
der.
any order, classification, or rate adopted by the commission, or any
action o f the State auditor, State treasurer, attorney general, or
Enforcement
S ec.
TEXT OF LAWS— UTAH,
143
the auditor or treasurer o f any county, required to be taken by
them or any o f them by any o f the provisions o f this titW; but
nothing herein shall affect any right or defense in any action
brought by the commission or the State in pursuance o f authority
contained in this title.
Sec . 3162. Should any section or provision o f this title be de Provisions
cided by the courts to be unconstitutional or invalid, the same erable.
shall not affect the validity o f the title as a whole or any part
thereof other than the part so decided to be unconstitutional.
[T he appropriation fo r the industrial commission fo r the bien
nium 1921-1923, w as $95,000.
The officials o f the industrial commission are the three mem
bers and a secretary.]
sev
VERMONT.
G EN ERAL LAW S— 1917.
Commissioner of industries.
S e c t io n 5752. The governor shall biennially, in the month o f
January, w ith the advice and consent o f the senate, appoint
a commissioner o f industries.
S e c . 5753. Said comm issioner shall be provided with an office
Office.
in the capitol or in some other State building at M ontpelier in
which his records shall be kept. Said commissioner shall have
a seal fo r the authentication o f his orders, awards and proceed
Seal.
ings upon which shall be inscribed the w ords “ Commissioner o f
industries— Seal— Vermont.”
Deputies.
S e c . 5754 (as amended by No. 166, A cts o f 1921). Said com
missioner shall, subject to the approval o f the governor, appoint
one or more deputy commissioners, also a woman inspector fo r
part or fu ll tim e .a s may be required, fo r whose official acts
he shall be responsible. Said deputy or deputies and said in
spector shall hold office during the pleasure o f said commissioner,
and their compensation shall be fixed by the board o f control.
Assistants.
S e c . 5755. Said commissioner shall maintain such office and
employ such assistance, clerical or otherwise, as the governor
deems necessary fo r the proper perform ance o f the duties o f said
commissioner.
Sec. 5756. Said commissioner shall make examinations and in
Enforcement of
laws.
vestigations to see that the laws pertaining to the employment o f
minors and women and to the weekly payment o f wages are being
complied with and fo r such purposes may enter any place where
persons are employed, and summon witnesses, administer oaths,
and demand the production o f books and papers. The county
court, a justice o f the supreme court or a superior judge shall
have power to enforce by proper proceedings the attendance and
testimony o f witnesses and the production and exam ination o f
books, papers, records and documents before said commissioner,
and, in the case o f a corporation, the provisions o f sections fou r
thousand nine hundred and fifty-one to fou r thousand nine hun
dred and fifty-five, both inclusive, shall apply. W henever said
commissioner finds a violation o f the provisions o f chapter
tw o hundred and forty-three [relating to the inspection o f
factories] ; o f the provisions o f law relating to the employment o f
minors and w om en; o f the provisions o f law relating to the
weekly payment o f wages and the provisions o f law relating to the
health, lives, and limbs o f operators in factories, w ork shops, rail
roads, and other places and the provisions o f law relating to the
protection o f the working classes; he shall submit the evidence
thereof to the proper prosecuting officer, who shall prosecute the
offender.
Reports.
Sec. 5828. Said commissioner shall, in each even year, make
a report to the governor showing the w ork done during the pre
ceding two years and shall include therein a properly classified
statement o f his expenses, statistical inform ation relating to the
number and character o f industrial accidents during such tw o
years, inform ation as to the general industrial conditions prevail
ing within the State, and such other inform ation and recom
mendations as seem pertinent Such report shall be printed.
S e c . 7348. The annual salary o f the commissioner o f industries
Salary.
shall be three thousand dollars and he shall be paid his necessary
expenses when aw ay from home on official business.
[The commissioner, a deputy commissioner, and a secretary
comprise the personnel o f the office.]
Appointment.
144
V IR G IN IA .
CONSTITUTION.
Bureau of labor and statistics.
S e c t io n 8 6 . The general assembly shall have pow er to establish . Bureau authorand maintain a bureau o f labor and statistics, under such reg u -ized*
lations as may be prescribed by law.
CODE, ANNOTATED— 1919.
Bureau of labor and industrial statistics.
S e c t io n 1797. The bureau o f labor and industrial statistics is
continued. It shall be the duty o f said bureau to collect, assort,
systematize, and present in annual reports to the governor, to be
by him biennially transmitted to the general assembly, statistical
details relating to all departments o f labor, penal institutions,
and industrial pursuits in the State, especially in their relation to
the commercial, industrial, social, educational, and sanitary con
dition o f the laboring classes and to the permanent prosperity o f
the productive industries o f the State.
S e c . 1798. The governor shall appoint, by and with the consent
o f the Senate, some suitable person identified with the labor in
terests ot^the State, who shall be designated commissioner o f
labor, and who shall, upon the request o f the governor, furnish
such inform ation as he may require. The term o f office fo r said
commissioner shall be tw o years from the date o f his appoint
ment, with power o f removal by the governor fo r cause. * * *
S e c . 1799 (as amended by chapter 373, Acts o f 1922). The com
missioner o f labor shall have pow er to take and preserve testi
mony, examine witnesses, administer oaths, and under proper re
strictions enter any public institution o f the State, and any fa c
tory, store, workshop, laundry, or mine, and interrogate any per
son employed therein or connected therewith, or the proper
officer o f a corporation, or file a written or printed list o f inter
rogatories and require fu ll and complete answers to the same, to
be returned under oath within thirty days o f the receipt o f said
list o f questions.
He shall have general supervision and control o f the bureau o f
labor and industrial statistics and shall have authority to appoint
such assistants as may be necessary to carry out the objects and
purposes o f the bureau.
He shall secure the enforcement o f all laws relating to the in
spection o f factories, mercantile establishments, mills, workshops,
and commercial institutions in the State and to aid him in this
w ork shall have pow er to appoint such factory inspectors and
other assistants as may be necessary. The duties o f such inspec
tors and other assistants shall be prescribed by the commissioner
o f labor.
The commissioner o f labor, his assistants and factory inspec
tors shall visit and inspect at reasonable hours, as often as practi
cable, the factories, mercantile establishments, mills, workshops,
and com m ercial institutions in the State, where goods, wares, or
merchandise are manufactured, purchased, or sold, at wholesale
or retail. The commissioner o f labor shall report in w riting to
the governor annually concerning the w ork o f his department,
w ith such other inform ation and with such recommendations as
he may deem proper.
Duties.
Commissioner.
Powers.
Duties.
145
146
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
It shall be the duty o f the commissioner o f labor to enforce the
provisions o f this chapter, and to prosecute all violations o f law
relating to the inspection o f factories, mercantile establishments,
mills, workshops, and commercial institutions in this State before
any justice o f the peace or court o f competent jurisdiction.
It shall be the duty o f the Commonwealth’s attorney o f the
proper county or city, upon the request o f the commissioner o f
labor or any o f his assistants or deputies, to prosecute any viola
tion o f law, which is made the duty o f said commissioner o f labor
to enforce.
Duty of offiSEC* 1800. A ll State, county, town, and city officers shall furnish
cers.
the commissioner o f labor, upon his request, such statistical in
form ation in reference to labor as may be in their possession as
such officers.
Appropriations
S e c . 1801. The bureau o f labor and industrial statistics shall
to be made.
be maintained from such appropriations as the general assembly
may make fo r the purpose, and the general assembly shall fix the
compensation of all persons perform ing service in said depart
ment. The compensation paid on the day before this code takes
effect shall continue to be paid until changed by law.
Violations.
S e c . 1802 (as amended by chapter 873, Acts o f 1922). I f any
person, who may be sworn to give testimony, shall w illfu lly fa il or
refuse to answer any legal and proper question propounded to
him concerning the subject o f such examination as indicated in
section seventeen hundred and ninety-nine, or if any person, to
whom a written or printed list o f such interrogatories has been
furnished by the commissioner o f labor, shall neglect or refuse to
fu lly answer and return the same under oath, or if any person
in charge o f any factory, mill, workshop, laundry, mercantile or
m anufacturing establishment shall refuse admission to or ob
struct in any manner the inspection o f such establishment or the
proper perform ance o f the authorized duties o f the commissioner
o f labor or any o f his assistants or any factory inspector, or other
duly authorized representative o f the bureau o f labor and indus
trial statistics, he shall be guilty o f misdemeanor and, upon con
viction thereof, shall be fined not exceeding one hundred nor less
than twenty-five dollars, or imprisoned in ja il not exceeding
ninety days, or both.
Nothing in this chapter shall be construed as permitting the
commissioner or any employee o f said bureau to make use o f any
inform ation or statistics gathered from any person, company, or
corporation for any purposes other than those o f this chapter.
[The commissioner is also charged with the enforcement o f the
laws regulating private employment offices. The organization
comprises the commissioner, an assistant commissioner, director
o f women and children’s division, chief clerk and statistician,
ch ief factory inspector, three factory inspectors, chief mine in
spector, mine inspector, clerk, and stenographer. The salary o f
the commissioner is $3,600 per annum, o f the assistant commis
sioner and chief clerk $2,400, and o f director o f the women
and children’s division not exceeding $1,800. The total appro
priation for the year ending February 29,1924, is $32,640.]
WASHINGTON.
ACTS OF 1921.
C hapter 7.— Administrative code—Department of labor and
industries.
Section 2 . There shall be, and are hereby created, departments Department
o f the State .government which shall be known, respectively, as created.
* * * (7 ) the department o f labor and industries, * * *
which departments shall be charged, respectively, with the execu
tion, enforcement, and administration o f such laws, and invested
with such powers and required to perform such duties as the
legislature may provide.
Sec. 3. There shall be a chief executive officer of each of the
departments of the State government created by this act, to be
known, respectively, as * * * (7 ) the director of labor and
industries, * * * who shall be appointed by the governor,
with the consent of the senate, and hold office at the pleasure of
the governor. * * *
Sec. 19. The director o f each department created by this act
Officers,
Powers,
shall have the power to prescribe rules and regulations, not incon
sistent w ith law, fo r the government o f his department, the con
duct o f its subordinate officers and employees, the disposition and
perform ance o f its business, and the custody, use, and preserva
tion o f the records, papers, books, documents, and property per
taining thereto.
^
Sec. 20. Each department created by this act shall maintain
its principal office at the State capital in rooms provided by the
department o f business control. The director o f each department
may, with the approval o f the governor, establish and maintain
branch offices at other places than the State capital fo r the con
duct o f one or m ore o f the functions o f his department.
Sec. 74. The department o f labor and industries shall be or- Dlvisi0Ba‘
ganized into and consist o f three divisions, to be known, respec
tively, as (1 ) the division o f industrial insurance, (2 ) the divi
sion o f safety, (3 ) the division o f industrial relations. The
director o f labor and industries shall receive a salary o f not to
exceed seventy-five hundred dollars per annum, and have power
to appoint such clerical assistants as m ay be necessary fo r the
general administration o f the department.
Sec. 75. The director o f labor and industries shall have t h e . Supendsor of
pow er to appoint and deputize an assistant director, to be known
insur‘
as the supervisor o f industrial insurance, who shall have charge
and supervision o f the division o f industrial insurance, and, with
the approval o f the director, appoint and employ such adjusters,
medical and other examiners, auditors, inspectors, clerks, and
other assistants as may be necessary to carry on the w ork o f the
division.
Sec. 76. The director o f labor and industries shall have power, Supervisor of
(1 ) to appoint and deputize an assistant director, to be known Miet7as the supervisor o f safety, who shall have charge and supervision
o f the division o f safety, (2 ) to appoint the State mining board, Mining board,
the members o f which shall have the qualifications provided by
law, and (3 ) to appoint and deputize a ch ief inspector o f mines, InsPector*
who shall have the qualifications provided by law fo r the office
o f the State mine inspector. The supervisor o f safety, w ith the
approval o f the director, shall have power to appoint and employ Appointees,
such inspectors, clerks, and other assistants as m ay be necessary
147
148
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
to carry on the work o f the division. The ch ief mine inspector,
w ith the approval o f the director, shall appoint such qualified
deputies as are provided by law.
Supervisor of
S ec. 77. The director o f labor and industries shall have power
industrial
rela
to appoint and deputize an assistant director, to be known
tions.
as the supervisor o f industrial relations, w ho shall be the State
mediator, have charge and supervision o f the division o f in
dustrial relations, and, w ith the approval o f the director, shall
Appointees.
appoint an assistant to be known as the industrial statistician,
and a fem ale assistant to be known as the supervisor o f women
in industry, and have power to appoint and employ such assistant
mediators, experts, clerks, and other assistants as m ay be neces
sary to carry on the w ork o f the division.
Industrial in
surance.
Sec. 78. The director of labor and industries shall have the
power, and it shall be his duty through and by m eans of the
division o f industrial insurance:
(1 ) T o exercise all the powers and perform all the duties now
vested in and required to be perform ed by the industrial insur
ance department and the commissioners th ereof;
(2 ) T o exercise all the powers and perform all the duties now
vested in and required to be perform ed by the State medical aid
b o a rd ;
(3 ) T o exercise all the powers and perform all the duties now
vested in and required to be perform ed by the local aid b oards;
(4 ) T o have the custody o f all property acquired by the State
at execution sale upon judgments obtained fo r delinquent indus
trial insurance premiums or m edical aid contributions, and
penalties and costs, to sell and dispose o f the same at private
sales fo r the sale purchase price, and to pay the proceeds into
the State treasury to the credit o f the industrial insurance fund
or m edical aid fund as the case m ay be. In case o f the sale o f
real estate the director shall execute the deed in the name o f
the S ta te;
(5 ) T o exercise such other powers and perform such other
duties as may be provided by law.
Joint decisions.
S e c . 79. The director o f labor and industries, the supervisor o f
industrial insurance, and the supervisor o f safety shall have the
power, and it shall be their duty to join tly hear and decide by a
m ajority vote all matters arising in either the division o f indus
trial . insurance or the division o f safety, which the director o f
labor and industries or the supervisor o f industrial insurance or
the supervisor o f safety, respectively, shall deem to be o f sufficient
importance to require their join t action, and to hear and decide
by a m ajority vote any matter concerning which any person
affected by the decision o f either the ^supervisor o f industrial
insurance or the supervisor o f safety shall, by request in writing,
ask fo r a join t decision : Provided, however, That nothing herein
contained shall be construed as depriving any person feeling
him self aggrieved by any decision o f either the director o f labor
and industries, the supervisor o f industrial insurance, the super
visor o f safety, or by any join t decision o f the right o f appeal
therefrom to a court o f competent jurisdiction in the manner
provided by law.
D i v i s i o n of
Sec. 80. The director o f labor and industries shall have the
safety.
power, and it shall be his duty, through and by means o f the divi
sion o f sa fety :
(1 ) T o exercise all the powers and perform all the duties now
vested in, and required to be perform ed by, the State safety
board, except the appointment o f the State mining b oa rd ;
(2 ) T o exercise all the pow ers and perform all the duties in
relation to the inspection o f factories, mills, workshops, store
houses, warerooms, stores and buildings, and the m achinery and
apparatus therein contained, and steam vessels, and other ves
sels operated by machinery, and in relation to the administration
and enforcement o f all law s providing fo r the protection o f em-
TEXT? OF LAWS— WASHINGTON,
149
ployees in mills, factories, workshops, and other places where ma
chinery is used, and in relation to the enforcement, inspection,
and certification o f safe places and safety device standards in all
industries, now vested in, and required to be performed by, the
commissioner o f la b or;
( 3 ) To excerise all the powers and perform all the duties now
vested in, and required to be perform ed by, the State mine in
spector and deputy mine inspectors;
( 4 ) T o exercise all the powers and perform all the duties in
relation to the inspection o f tracks, bridges, structures, machinery,
equipment, and apparatus o f railroads, street railways, gas
plants, electrical plants, water systems, telephone lines, telegraph
lines, and other public utilities, with respect to the safety o f
employees, and the administration and enforcement o f all laws
providing fo r the protection o f employees o f railroads, street rail
ways, gas plants, electrical plants, water systems, telephone lines,
telegraph lines, and other public utilities, now vested in, and re
quired to be perform ed by, the public service com m ission;
(5 ) To exercise all the powers and perform all the duties in
relation to the enforcement, amendment, alteration, change, and
making additions to, rules and regulations concerning the opera
tion, placing, erection, maintenance, and use o f electrical appa
ratus, and the construction thereof, now vested in, and required
to be perform ed by, the public service com m ission;
(6 ) To exercise all the powers and perform all the duties now
vested in, and required to be perform ed by, the inspector o f h otels;
(7 ) T o exercise all the powers and perform all the duties now
vested in, and required to be perform ed by, the bureau o f la b or;
(8 ) To exercise such other powers and perform such other
duties as may be provided by law.
Sec. 81. The director o f labor and industries shall have the industrial reiapower, and it shall be his duty, through and by means o f the divi- tions.
sion o f industrial relations:
(1 ) To promote mediation in, conciliation concerning, and the
adjustment of, industrial disputes, in such manner and by such
means as may be provided by la w ;
(2 ) To study and keep in touch with problems o f industrial re
lations and, from time to time, make public reports and recom
mendations to the legislature;
( 3 ) To, with the assistance of the industrial statistician, exercise all the powers and perform all the duties in relation to col
lecting, assorting, and systematizing statistical details relating to
statistics,
labor within the State, now vested in, and required to be per
form ed by, the secretary o f state, and to report to, and file with,
the secretary o f state duly certified copies o f the statistical in
form ation collected, assorted, systematized, and compiled, and in
collecting, assorting, and systematizing such statistical inform a
tion to, as fa r as possible, conform to the plans and reports o f the
United States Department o f L a b or;
( 4 ) To, with the assistance o f the industrial statistician, make
such special investigations and collect such special statistical in
form ation as may be needed for use by the department or division
o f the State government having need o f industrial statistics;
(5) To, with the assistance o f the supervisor o f women in in- Women and
dustry, supervise the administration and enforcement o f all law s minors*
respecting the employment and relating to the health, sanitary
conditions, surroundings, hours o f labor, and wages o f women
and m in ors;
(6 ) To exercise all the powers and perform all the duties, not other duties,
specifically assigned to any other division o f the department o f
labor and industries, now vested in, and required to be perform ed
by, the commissioner o f la b o r ;
(7 ) T o exercise such other powers and perform such other
duties as may be provided by law.
150
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
Industrial weifare.
Sec. 82. The director of labor and industries, the supervisor o f
industrial insurance, the supervisor of industrial relations, the
industrial statistician, and the supervisor of women in industry
shall constitute a committee, of which the director shall be chair
man, and the supervisor of women in industry shall be executive
secretary, which shall have the power, and it shall be its du ty:
(1 ) To exercise all the powers and perform all the duties now
vested in, and required to be performed by, the industrial welfare
commission.
[The organization comprises the director, supervisors of safety
and of women in industry, an industrial statistician, and a
secretary. The appropriation for salaries and wages is $338,225,
for the two years 1921-1923.]
*
WEST VIRGINIA.
BAR N E S’ CODE, ANNOTATED— 1923,
Ch apter
15H .—Bureau of labor.
S e c t io n 1. There hereby is created a State bureau o f labor, to Bureau created,
be under the control and management o f a commissioner to be
known as the State commissioner o f labor, who is to be appointed
as hereinafter provided.
S e c . 2 . The governor shall, w ith the advice and consent o f the Commissioner,
senate, appoint a competent person, who is identified with the labor
interests o f the State, to be State commissioner o f labor, who
shall hold his office fo r a term o f fou r years and until his suc
cessor is appointed and qualified. In case o f a vacancy in the
office o f the commissioner o f labor, caused by death, resignation,
removal, or otherwise, the governor shall appoint a commissioner
o f labor fo r the unexpired term in the manner above provided.
S e c . 3 . It shall be the duty o f the commissioner o f labor to col- Duties,
lect, compile, and present to the governor an annual report, sta
tistical details relating to all departments o f labor and the indus
trial interests o f the State, especially in relation to the financial,
social, educational, and sanitary condition o f the laboring classes
and all statistical inform ation that may tend to increase the pros
perity o f the productive industries o f the State. He shall, once
at least in every year, visit and inspect the principal factories
and workshops o f the State; and shall, upon complaint and re
quest o f any three or more reputable citizens, visit and inspect
any place where labor is employed and make true report o f the
result o f his inspection.
S e c . 4. The commissioner o f labor shall have power, in the dis- Entering work
charge o f his duties, to enter and inspect any public institution places,
o f the State and any factory, workshop, or other place where labor
is employed. He may furnish a written or printed list o f inter
rogatories asking inform ation essential to a proper discharge o f
his duties, to any person, company, or corporation employing
labor, and require fu ll and complete answers thereto. And i f any
person, or the officers o f any company or corporation shall neglect
or refuse to answer, within a reasonable time, any proper ques
tion propounded to him by the commissioner o f labor, or i f any
person or the officers o f any company or corporation to whom a list
o f interrogatories has been furnished, shall neglect or refuse to
fu lly and truthfully answer and return the same, such person or
such officer o f such company or corporation shall be deemed guilty
o f a misdemeanor. The commissioner o f labor shall report to the
prosecuting attorney o f the proper county all such violations o f
this a c t; whereupon said prosecuting attorney shall proceed
against the guilty persons thereof, as in any other cases o f mis
dem eanor; and any person, or any officer, or any company or
corporation, convicted in such proceedings shall be fined not less
than ten dollars, nor more than fifty dollars, or shall be confined
in the county ja il not less than ten nor more than ninety days,
or shall be both fined and imprisoned within the above limits.
S e c . 5. A ll State, county, district, and city officers shall furnish
Duty of offithe commissioner o f labor, upon request, all statistical inform a- cere,
tion relating to labor which may be in their possession as such
officers. The commissioner o f labor shall report to the governor,
on or before the first day o f December in each year, all the sta
tistics he has collected and compiled, with such suggestions as
he may deem advisable as to legislation tending to prom ote and
increase the prosperity o f the industrial establishments o f the
151
152
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
State, and to protect the lives and health and to promote the
prosperity of the persons employed therein,
S e c . 6. All rooms, buildings, and places in this State where
iafoor is employed, or shall hereafter be employed, in any fac
tories, mercantile establishments, mills, or workshops shall be
so constructed, equipped and arranged, operated, and conducted,
in all respects, as to provide reasonable and adequate protection
for the life, health, safety, and morals of all persons employed
therein. For the carrying into effect of this provision, and the
provisions of all the laws of this State, the enforcement of which
is now or shall hereafter be intrusted to or imposed upon the
bureau of labor, the commissioner of labor shall appoint not more
than four factory inspectors, who shall be under the supervision
of the commissioner of labor. The commissioner of labor may at
Inspectors.
any time divide the State into inspection districts as to him may
seem advisable, and assign the inspectors to the districts as the
good of the service requires. The salary of a factory inspector
shall be eighteen hundred dollars per annum, and actual traveling
and hotel expenses. The commissioner of labor shall appoint a
Salaries.
chief clerk, whose salary shall be twenty-four hundred dollars
per annum, an assistant clerk who shall be a stenographer, at
a salary of eighteen hundred dollars per annum, and a statistical
clerk whose salary shall be twelve hundred dollars per annum.
The salary of the commissioner of labor provided for in this act
shall be three thousand six hundred dollars per annum, and he
shall be allowed his actual traveling and incidental expenses.
E m p lo y m e n t
S e c . 7. The commissioner of labor is hereby authorized to orserviee.
ganize and establish, in connection with the bureau of labor, a
free public employment bureau, for the purpose of receiving ap
plications from persons seeking employment and applications
from persons seeking to employ labor.
[The commissioner of labor is the only official reported.]
inspection of
factories, etc.
WISCONSIN.
STATUTES (AM ENDM ENTS TO 1923).
Industrial commission.
S e c t io n 2057. There is appropriated from the general fund to
the industrial com m ission:
(1 ) Annually, beginning July 1, 1921, two hundred and eightyfive thousand dollars fo r the execution o f its functions. O f this
there is allotted :
{a) T o each member o f the commission an annual salary o f
five thousand dollars.
*
*
*
*
*
*
Appropriation.
Salaries.
*
S ec . 2394-42. There is hereby created a board which shall be
Commissi on
known as the “ Industrial Commission o f W isconsin.” The gov created.
ernor, by and with the advice and consent o f the Senate, shall
appoint a member who shall serve two years, another who shall
serve fou r years, and another who shall serve six years. There
after each member shall be appointed and confirmed fo r terms o f
six years each. Vacancies shall be filled in the same manner fo r
unexpired terms. Each member o f the board before entering
upon the duties o f his office shall take the oath prescribed by the
constitution. A m ajority o f the board shall constitute a quorum
fo r the exercise o f the powers or authority conferred upon it.
In case o f a vacancy, the remaining two members o f the board
shall exercise all the powers and authority o f the board until
such vacancy is filled. Each member o f the board shall receive
an annual salary o f five thousand dollars, and actual expenses
necessarily incurred in the perform ance o f his duties, which
shall be in fu ll fo r all services performed under sections 2394-41
to 2394-71, inclusive. This board shall supersede and perform
all o f the duties o f the industrial accident board provided in sec
tions 2394-1 to 2394-40, inclusive.
Organization.
S e c . 2394-43. W ithin thirty days after the passage and publica
tion o f this act such commission shall meet at the State capitol
and organize in the manner provided for the organization o f the
industrial accident board in section 2394-13 o f the statutes. A
m ajority o f said commissioners shall constitute a quorum to
transact business. No vacancy shall impair the right o f the re
maining commissioners to exercise all the powers o f the commis
sion.
Office,
S e c . 2394-44. The commission shall keep its office at the capitol
and shall be provided by the superintendent o f public property
with suitable rooms, necessary furniture, stationery, books, pe
riodicals, maps, instruments, and other necessary supplies. The
commission may, however, hold sessions at any place other than
the capitol when the convenience o f the commission and the
parties interested so requires.
Expenses.
S e c . 2394-45. The commissioners and employees o f the commis
sion shall be entitled to receive from the State their actual neces
sary expenses while traveling on the business o f the commission,
either within or without the State o f Wisconsin. Such expendi
ture shall be presented in an account verified by the person who
incurred the expenses, approved by the chairman o f the commis
sion, and shall be audited and paid as are the expenses o f em
ployees and members o f other State commissions.
153
154
LAW S PROVIDING FOR BUREAUS OF LABOR, ETC,
S e c . 2394-46. The commission shall be known collectively as
the “ Industrial Commission o f W isconsin,” and in that name may
Seal
sue and be sued. It shall have a seal fo r the authentication o f
its orders and proceedings, upon which shall be inscribed the
words “ I n d u s t r i a l C o m m i s s i o n — W i s c o n s i n — S e a l .”
be1fur^hedn to ^EC- 2349-50. 1. E very employer and every owner shall furnish
m
*
to the commission all inform ation required by it to carry into
effect the provisions o f sections 2394-41 to 2394-71, inclusive, and
shall make specific answers to all questions submitted by the
commission relative thereto.
2.
A ny employer receiving from the commission any blanks
calling fo r inform ation required by it to carry into effect the
provisions o f sections 2394-41 to 2394-71, inclusive, w ith directions
to fill the same, shall cause the same to be properly filled out so
as to answer fu lly and correctly each question therein propounded,
and, in case he is unable to answer any question, he shall give
a good and sufficient reason fo r such fa ilu re; and said answer
shall be verified under oath by the employer, or by the president,
secretary, or other managing officer o f the corporation, i f the
employer is a corporation, and returned to the commission at its
office within the period fixed by the commission.
Entering work
3. A ny commissioner or deputy o f the commission m ay enter
places.
any place o f employment or public building, fo r the purpose o f
collecting facts and statistics, examining the provisions made
fo r the health, safety, and w elfare o f the employees, frequenters,
the public, or tenants therein, and bringing to the attention o f
every employer or owner any law, or any order o f the commission,
and any failure on the part o f such employer or owner to com ply
therewith. No employer or owner shall refuse to admit any com
missioner or deputy o f the commission to his place o f employ
ment or public building.
Powers.
S e c . 2394-51. The industrial commission is vested w ith the
power and jurisdiction to have* such supervision o f every employ
ment, place o f employment, and public building in this State as
may be necessary adequately to enforce and administer all law s
and all law ful orders requiring such employment, place o f em
ployment, or public building to be safe, and requiring the protec
tion o f the life, health, safety, and w elfare o f every employe in
such employment or place o f employment and frequenter o f such
place o f employment, and the safety o f the public or tenants in
any such public building.
S e c . 2394-52. It shall also be the duty o f the industrial com
mission, and it shall have power, jurisdiction, and a u th ority:
Assistants.
( i ) To employ, promote, and remove deputies, clerks, and other
assistants as needed; to fix their compensation and to assign to
them their duties; and to appoint advisors who shall, w ithout
compensation, assist the industrial commission in the execution
o f its duties.
L a w enforce( 2 ) T o administer and enforce, so fa r as not otherwise proment*
vided fo r in the statutes, the laws relating to child labor, laun
dries, stores, employment o f females, licensed occupations, school
attendance, bakeries, employment offices, intelligence offices and
bureaus, manufacture o f cigars, sweatshops, corn shredders, w ood
sawing machines, fire escapes and means o f egress from build
ings, scaffolds, hoists, ladders, and other matters relating to the
erection, repair, alteration, or painting o f buildings and struc
tures, and all other laws protecting the life, health, safety, and
w elfare o f employees in employments and places o f employment
and frequenters o f places o f employment.
Safety stand(3 ) To investigate, ascertain, declare, and prescribe what safety
a**38*
devices, safeguards, or other means or methods o f protection are
best adapted to render the employees o f every employment and
place o f employment and frequenters o f every place o f employ
ment safe, and to protect their w elfare as required by law or
law ful orders, and to establish and maintain museums o f safety
and hygiene, in which shall be exhibited safety devices, safeTitle.
155
TEXT OF LAWS— WISCONSIN,
guards, and other means and methods fo r the protection o f life,
health, safety, and w elfare o f employees.
(4 ) To ascertain and fix such reasonable standards and to
prescribe, m odify, and enforce such reasonable orders fo r the
adoption o f safety devices, safeguards, and other means or meth
ods o f protection, to be as nearly uniform as possible, as may be
necessary to carry out all laws and law ful orders relative to the
protection o f the life, health, safety, and w elfare o f employees
in employments and places o f employment or frequenters o f places
o f employment.
(5 ) To ascertain, fix, and order such reasonable standards,
rules, or regulations fo r the construction, repair, and maintenance
o f places o f employment and public buildings as shall render them
safe.
( 6 ) T o investigate, ascertain, and determine such reasonable
classifications o f persons, employments, places o f employment, and
public buildings as shall be necessary to carry out the purposes
o f sections 2394-41 to 2394-71, inclusive.
(7 ) To adopt reasonable and proper rules and regulations rela- Rules, etc.
tive to the exercise o f its powers and authorities and proper rules
to govern its proceedings and to regulate the mode and manner o f
all investigations and hearings; such rules and regulations shall
not be effective until ten days after their publication. A copy
o f such rules and regulations shall be delivered to every citizen
making application therefor and a copy delivered w ith every
notice o f hearing.
( 8) To do all in its power to promote the voluntary arbitration,
Arbitration,
mediation, and conciliation o f disputes between employers and
employees, and to avoid the necessity o f resorting to lockouts,
boycotts, blacklists, discriminations, and legal proceedings in mat
ters o f employment. In pursuance o f this duty it may appoint
tem porary boards o f arbitration, provide necessary expenses o f
such boards, order reasonable compensation, not exceeding five
dollars per day, fo r each member engaged in such arbitration,
p rescribe'ru les o f procedure fo r such arbitration boards, con
duct investigations and hearings, publish reports and advertise
ments, and may do all other things convenient and necessary
to accomplish the purposes directed in sections 2394-41 to 2394-71,
inclusive. The commission shall designate a deputy to be known
as ch ief mediator and may detail other deputies from time to
time to act as his assistants fo r the purpose o f executing these
provisions. Deputies may act on temporary boards without extra
compensation.
(9 ) To establish and conduct free employment agencies, to
Employment
license and supervise the w ork o f private employment offices, to service*
do all in its power to bring together employers seeking employees
and working people seeking employment, to make known the op
portunities fo r self-employment in this State, to aid in procuring
employment for the blind adults o f the State, to aid in inducing
minors to undertake promising skilled employments, to provide
industrial or agricultural training fo r vagrants and other persons
unsuited for ordinary employments, and to encourage wage earn
ers to insure themselves against distress from unemployment. It
shall investigate the extent and causes o f unemployment in the
State o f Wisconsin and the remedies therefor in this and other
countries, and it shall devise and adopt the most efficient means
within its power to avoid unemployment, to provide employment,
and to prevent distress from involuntary idleness.
(10) T o collect, collate, and publish statistical and other in- statistics,
form ation relating to the work under its jurisdiction and to make
public reports in its judgment necessary.
(11) To rent, furnish and equip * * * such offices as
needed in cities fo r the conduct o f its affairs.
*
S ec . 2394-54.
*
*
*
♦
1. A ll duties, liabilities, authority, powers, and
Transfer of du-
privileges heretofore or hereafter conferred and imposed by law ties.
156
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC.
upon the commissioner o f labor and industrial statistics, deputy
comm issioner o f labor and industrial statistics, factory inspec
tor, woman factory inspector, and assistant fa ctory inspectors,
are hereby imposed and conferred upon the industrial commis
sion and its deputies.
2.
A ll laws relating or referring to the comm issioner o f labor
and industrial statistics, and the deputy comm issioner o f labor
and industrial statistics, except those laws relating or referring
to their appointment and qualification and to their membership
or service on the industrial accident board and ali law s relating
or referring to the factory inspector, the woman fa ctory in
spector, and assistant factory inspectors, shall apply to and
be deemed to relate and refer to the industrial commission,
so fa r as the said laws are applicable.
Orders.
Sec. 2394-55. A ll orders o f the industrial commission in con
form ity w ith law shall be in force, and shall be prim a facie
la w fu l; and a ll such orders shall be valid and in force, and
prim a facie reasonable and law fu l until they are found otherwise
in an action brought for that purpose, pursuant of the provisions
o f section 2394-69 o f the statutes, or until altered or revoked by
the commission.
in effect.
S e c . 2 3 9 4 4 5 6 . 1 . A ll general orders shall take effect within
thirty days after their publication in the official State papers.
Special orders shall take effect as therein directed.
2. The commission shall, upon application o f any employer or
owner, grant such time as m ay be reasonably necessary fo r com
pliance w ith any order.
3. A ny person may petition the commission fo r an extension
o f time, which the commission shall grant if it finds such an ex
tension o f time necessary.
Petitions
hearing.
fo r
Sec. 2394457. 1. Any employer or other person interested either
because o f ownership in or occupation o f any property affected
by any such order, or otherwise, m ay petition for a hearing on
the reasonableness of any order o f the commission in th£ manner
provided in sections -2394-41 to 2394-71, inclusive.
2. Such petition fo r hearing shall be by verified petition
filed with the commission, setting out specifically and in fu ll
detail the order upon which a hearing is desired and every
reason why such order is unreasonable, and every issue to be
considered by the commission on the hearing. The petitioner
shall be deemed to have finally waived all objections to any
irregularities and illegalities in the order upon which a hear
ing is sought other than those set forth in the petition. A ll
hearings o f the commission shall be open to the public.
3. Upon receipt o f such petition, i f the issues raised in such
petition have theretofore been adequately considered, the com
mission shall determine' the same by confirming without hear
ing its previous determination, or if such hearing is neces
sary to determine the issues raised, the commission shall order
a hearing thereon and consider and determine the matter or
matters in question at such times as shall be prescribed. Notice
o f the time and place o f such hearing shall be given to the
petitioner and to such other persons as the commission may
find directly interested in such decision.
4. Upon such investigation, if it shall hi found that the
order complained o f is unjust or unreasonable the commission
shall substitute therefor such other order as shall be ju st and
reasonable.
5. Whenever at the time o f the final determination upon
such hearing it shall be found that further time is reasonably
necessary fo r compliance with the order o f the commission,
the commission shall grant such time as m ay be reasonably
necessary fo r such compliance.
Local authori-
ties*
Sec. 2394-58. 1. Nothing contained in sections 2394-41 to
2394-71, inclusive, shall be construed to deprive the common
council, the board o f aldermen, the board o f trustees or the
village board o f any village or city, or the board o f health o f
TEXT OF LAWS— WISCONSIN,
157
any municipality o f any power or jurisdiction over or relative
to any place o f employment or public building, provided that,
whenever the industrial commission shall, by an order, fix a
standard o f safety or any hygienic condition fo r employments
or places o f employment or public buildings, such order shall,
upon the filing by the commission o f a copy thereof with the
clerk o f the village or city to which it may apply, be held to
amend or m odify any similar conflicting local order in any
particular matters governed by said order. Thereafter no local
officer shall make or enforce any order contrary thereto.
2. A ny person affected by any local order- in conflict with an
order o f the commission, may in the manner provided in section
2394-57 o f the statutes, petition the industrial commission fo r a
hearing on the ground that such local order is unreasonable and
in conflict with the order o f the commission. The petition fo r
such hearing shall conform to the requirements set forth fo r a
petition in said section 2394r-57 o f the statutes.
3. Upon receipt o f such petition the commission shall order
a hearing thereon, to consider and determine the issues raised
by such appeal, such hearing to be held in the village, city, or
municipality where the local order appealed from was made.
Notice o f the time and place o f such hearing shall be given to
the petitioner and such other persons as the commission may
find directly interested in such decision, including the clerk o f
the municipality or town from which such appeal comes. I f
upon such investigation it shall be found that the local order ap
pealed from is unreasonable and in conflict with the order o f the
commission, the commission may m odify its order and shall sub
stitute for the local order appealed from such order as shall be
reasonable and legal in the premises, and thereafter the said local
order shall, in such particulars, be void and o f no effect.
S e c . 2394-59. 1. No action, proceeding or suit to set aside,
H earings,
vacate, or amend any order o f the commission or to enjoin the
enforcement thereof, shall be brought unless the plaintiff shall
have applied to the commission fo r a hearing thereon at the time
and as provided in section 2394-57 o f the statutes, and in the
petition therefor shall have raised every issue raised in such
action.
2. E very order o f the commission shall, in every prosecution
fo r violation thereof, be conclusively presumed to be just, reason
able, and lawful, unless prior to the institution o f prosecution
fo r such violation an action shall have been brought to vacate
and set aside such order, as provided in section 2394-68 o f the
statutes.
Sec. 2394r-60. Every day during which any person, persons, cor- . Separate vioiaporation, or any officer, agent, or employee thereof, shall fa il to tions*
observe and com ply with any order o f the commission or to
perform any duty enjoined by sections 2394-41 to 2394-71, in
clusive, shall constitute a separate and distinct violation o f such
order, or o f said section, as the case may be.
Sec. 2394-61. Each o f the commissioners, fo r the purposes men- Powers,
tioned in sections 2394-41 to 2394r-71, inclusive, shall have power
to administer oaths, certify to official acts, issue subpoenas, compel
the attendance o f witnesses, and the production o f papers, books,
accounts, documents, and testimony. In case o f failure o f any
person to comply with any order o f the commission or any
subpoena law fully issued or on the refusal o f any witness to
testify to any matter regarding which he m ay be law fu lly inter
rogated, it shall be the duty o f the circuit court o f any county, or
the judge thereof, on application o f a commissioner to compel
obedience by attachment proceedings fo r contempt, as in the case
o f disobedience o f the requirements o f a subpoena issued from
such court, or a refusal to testify therein.
Sec . 2394-62. Each witness who shall appear before the com- witnesses,
mission by its order shall receive fo r his attendance the fees and
mileage now provided fo r witnesses in civil cases in courts o f
record, which shall be audited and paid by the State in the same
49735°— 23----- 11
158
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
manner as other expenses are audited and paid, upon the presen
tation o f properly verified vouchers approved by the chairman o f
the commission. But no witness subpoenaed at the instance o f
parties other than the commission shall be entitled to compensa
tion from the State fo r attendance or travel unless the commis
sion shall certify that his testimony was material to the matter
investigated.
Depositions.
Sec. 2394t-63. The commission or any party may in any investi
gation cause the depositions o f witnesses residing within or with
out the State to be taken in the manner prescribed by law fo r
like depositions in civil actions in circuit.courts.
Records.
Sec. 2394-64. A fu ll and complete record shall be kept o f all
proceedings had before the commission on any investigaton and
all testimony shall be taken down by the stenographer appointed
by the commission.
Special agents.
S e c . 2394-65. 1. F or the purpose o f making any investigation
with regard to any employment or place o f employment or public
building, the commission shall have pow er to appoint, by an
order in writing, any member o f the commission, any deputy who
is a citizen o f the State, or any other competent person as an
agent whose duties shall be prescribed in such order.
2. In the discharge o f his duties such agent shall have every
power whatsoever o f an inquisitorial nature granted in this act
to the commission, and the same powers as a court commissioner
with regard to the taking o f depositions; and all powers granted
by law to a court commissioner relative to depositions are hereby
granted to such agent.
3. The commission may conduct any number o f such investiga
tions contemporaneously through different agents, and m ay dele
gate to such agent the taking o f all testimony bearing upon any
investigation or hearing. The decision o f the commission shall
be based upon its examination o f all testimony and records.. The
recommendations made by such agents shall be advisory only
and shall n ot preclude the taking o f further testimony i f the com
mission so order nor further investigation.
Special prosegEC. 2394-66. 1. The commission shall have authority to direct
ltor*
any deputy who is a citizen to act as special prosecutor in any
action, proceeding, investigation, hearing, or trial relating to the
matters within its jurisdiction.
2. Upon the request o f the commission, the attorney general or
district attorney o f the county in which any investigation, hear
ing, or trial had under the provisions o f sections 2394-41 to
2394-71, inclusive, is pending, shall aid therein and prosecute
under the supervision o f the commission, all necessary actions or
proceedings fo r the enforcement o f said sections and all other
laws o f this State relating to the protection o f life, health, safety,
and welfare, and fo r the punishment o f all violations thereof.
Technical omisgEC. 2394-67. A substantial compliance with the requirements
ons*
o f sections 2394-41 to 2394r-71, inclusive, shall be sufficient to
give effect to the orders o f the commission, and they shall not
be declared inoperative, illegal, or void fo r any omission o f a
technical nature in respect thereto.
Review*
S e c . 2394-68. 1. A ny employer, owner, or other person in
interest being dissatisfied w ith any order o f the commission m ay
commence an action in the circuit court fo r Dane County against
the commission as defendant to vacate and set aside any such
order on the ground that the order is unlawful, or that any such
order is unreasonable, in w hich action the complaint shall be
served w ith the summons.
2. The answer o f the commission to the complaint shall be
served and filed within ten days after service o f the complaint,
whereupon said action shall be at issue and stand ready fo r trial
upon ten days’ notice to either party.
3. A ll such actions shall have precedence over any civil cause
o f a different nature pending in such court, and the circu it court
shall alw ays be deemed open fo r the trial thereof, and the same
shall be tried and determined as other civil actions.
TEXT OF LAWS— WISCONSIN,
159
4.
No injunction shall issue suspending or staying any order o f
the commission, except upon application to the circuit court or
the presiding judge thereof, notice to the commission and hearing.
S e c . 2394-69. 1. I f upon trial o f such action it shall appear
stay of prothat all issues arising in such action have not theretofore been codings,
presented to the commission in the petition filed as provided in
section 2394-57, or that the commission has not theretofore had an
ample opportunity to hear and determine any o f the issues raised
in such action, or has fo r any reason, not in fa ct heard and deter
mined the issues raised, the court shall, before proceeding to
render judgment, unless the parties to such action stipulate to the
contrary, transmit to the commission a fu ll statement o f such
issue or issues not adequately considered, and shall stay further
proceedings in such action fo r fifteen days from the date o f such
transmission, and may thereafter grant such further stays as may
be necessary.
2. Upon the receipt o f such statement, the commission shall
consider the issues not theretofore considered, and may alter,
m odify, amend or rescind its order complained o f in said action,
and shall report its action thereon to said court within ten days
from the receipt o f the statement from the court fo r further hear
ing and consideration.
3. The court shall thereupon order such amendment or other
proceeding as may be necessary to raise the issues as charged by
such modification o f the order as may have been made by the
commission upon the hearing, i f any such modification has in fa ct
been made, and shall proceed w ith such action.
Sec. 2394—70. I f any employer, employee, owner or other per- Violation*
son shall violate any provisions o f sections 2394-41 to 2394-55,
inclusive, of the statutes, or shall do any act prohibited in sec
tions 2394-41 to 2394-71, inclusive, or shall fa il or refuse to per
form any duty law fully enjoined, within the time prescribed by
the commission, fo r which no penalty has been specifically pro
vided, or shall fail, neglect or refuse to obey any law ful order
given or made by the commission, or any judgment or decree made
by any court in connection with the provisions o f sections 2394-41
to 2394-71, inclusive, fo r each such violation, failure or refusal,
such employer, employee, owner or other person shall forfeit and
pay into the State treasury a sum not less than ten dollars nor
more than one hundred dollars for each such offense. It shall
be the duty o f all officers o f the State, the counties and munici
palities, upon request of the industrial commission, to enforce in
their respective departments, all law ful orders o f the industrial
commission, in so far as the same may be applicable and con
sistent w ith the general duties o f such officers.
[The personnel comprises the 3 commissioners, a secretary, as
sistant secretary, 5 clerks and stenographers; 3 engineers in the
safety and sanitation department, with 24 deputies, etc., and 11
clerks and stenographers; a director o f the employment depart
ment, a deputy, and 33 em ployees; a director o f the women’s de
partment and one o f the children’s department, with 6 deputies
and 8 clerks and stenographers; a supervisor o f the apprentice
ship department, with 3 deputies and a clerk ; and a statistician
in charge o f the statistical departm ent]
WYOMING,
ACTS OF 1917.
C hapter
113.— Commissioner of labor and statistics.
S e c t io n 1. There is hereby created the office o f commissioner
o f labor and statistics, whose powers and duties shall be as. here
inafter provided.
Commissioner.
S e c . 2 (as amended by chapter 31, A cts o f 1919). The gov
ernor shall within thirty days after the passage o f this act ap
point a commissioner o f labor and statistics whose term shall
be fou r years and until his successor is appointed and qualified.
In case o f a vacancy in the office caused by death, resignation, or
incapacity to act the governor shall fill such vacancy by an ap
pointment for the unexpired term.
Office.
Sec. 3. The commissioner o f labor and statistics shall be fu r
nished with office room in the capitol building in the State
capital in which he shall maintain his office and records.
Duties.
S e c . 4 (as amended by chapter 31, Acts o f 1919). It shall be
the duty o f the commissioner o f labor and statistics to enforce all
l,aws enacted by the Legislature o f W yoming, relating to labor,
hours o f labor, and to the health, welfare, life, and limb o f the
workers o f this State; to see that workers are protected in the
collection o f their wages law fully due; to make such inspections
as may be by him deemed necessary o f the industrial establish
ments and buildings hereinafter provided f o r ; to make an inpection o f all living accommodations provided fo r employees
wherever employed, where such are furnished as a part o f the
wages, and to report biennially his findings to the governor,
together with such recommendations thereon as he may consider
as being helpful.
Report.
S e c . 5. The commissioner o f labor shall collect, classify, have
printed, and submit to the governor in the biennial report o f the
commissioner o f labor and statistics, as hereinafter provided, the
follow ing statistics touching the industrial life o f the State, to
w it: The hours o f labor and number o f [each] sex engaged in
manual labor, the aggregate and average daily wages classified
by sex and occupation, the number and character o f accidents,
the working conditions o f all industrial establishments (includ
ing m anufacturing establishments, hotels, stores, workshops, the
aters, halls, and other places where labor is em ployed), and such
other inform ation relating to industrial, economic, social, educa
tional, moral, and sanitary conditions o f the working class, as
the commissioner may deem needful to protect the w ork o f his
office; and such [com m issioner] shall also gather all available
statistics from sim ilar departments in other States as may by
him be deemed advisable.
Access to work
Sec . 9, The commissioner o f labor shall have pow er to enter
laces#
any m anufacturing establishment, mill, workshop, office, bakery,
laundry, store, hotel, theater, hall, or any public or private
works where labor is employed, room s are rented to the public,
or machinery is used, fo r the purpose o f enforcing the provisions
o f this a c t
witnesses.
Sec. 10. The commissioner o f labor shall have the pow er to ad
minister oaths, to examine witnesses under oath, to compel the
attendance o f witnesses, and the giving o f testimony in any part
o f this State. Witnesses m ay be summoned by the commissioner
in [b y ] process issued in same manner as in district cou rt:
Provided, That no witness shall be compelled to go outside o f
the county in w hich he or she resides to testify.
Office created.
160
TEXT OP LAWS—WYOMUTGL
S ec. 11. The county and prosecuting attorney o f any county in
this State shall, upon complaint on oath, o f the commissioner o f
labor, prosecute to termination before any court o f competent
jurisdiction, in the name o f the State o f Wyoming, actions or
proceedings against any person or persons charged with violation
o f any o f the provisions o f this act, or any o f the .laws o f this
State enacted fo r the protection o f employees.
S e c . 12. On or before the first day o f December, 1918, and
biennially thereafter, the commissioner o f labor shall make a
complete report to the governor in writing, which report shall
cover statistics gathered in this State, the conditions discovered
by his inspections o f industrial establishments in this State,
relating particularly to industrial or working conditions, and
the economic, social, educational, moral, and sanitary conditions
o f the workers therein; the efforts made to enforce the laws as
comprehended by this a ct; together with such recommendations
as he shall deem advisable as relating to the w elfare o f the
working people o f the State and to the efliciency o f his office.
S ec. 18. The commissioner o f labor, before entering upon the
duties o f his office, shall take the oath o f office prescribed by law,
and shall enter into a bond, with sufficient sureties to the State
o f Wyoming, in the sum o f $2,000 conditioned fo r the faithful
perform ance and discharge o f the duties o f his office.
Sec. 14 (as amended by chapter 31, Acts o f 1919). The salary
o f the commissioner o f labor shall be tw o thousand five hun
dred dollars ($2,500) per annum, such compensation to be
audited and paid in the same manner as the salaries o f other
State officers. The commissioner shall appoint a deputy com
missioner o f labor whose salary shall be one thousand eight
hundred dollars ($1,800) per annum, such compensation to be
audited and paid monthly as other State salaries are paid. The
deputy labor commissioner shall w ork under the direction o f
the commissioner o f labor and statistics who shall be responsible
fo r his official acts. His term o f office shall extend during the
pleasure o f the commissioner o f labor and statistics or until his
successor is appointed.
S e c . 15 (as amended by chapter 31, Acts o f 1919). In addition
to the salaries provided fo r in the preceding section, the com
missioner o f labor shall be allowed fo r the other expenses o f
his office the sum o f two thousand five hundred dollars ($2,500)
per annum ; all such compensation fo r expenses shall be audited
and paid in the same manner as the expenses o f other State
officers: Provided, Said commissioner shall have printed not more
than one thousand five hundred copies o f his biennial report fo r
the use o f his office and general distribution; also such printed
matter and supplies as may be necessary fo r the conduct o f his
office, and the expenses thereof shall be audited in the same
manner as other State printing and supplies.
161
Prosecutions.
R eports.
Oath.
Bond.
Salaries.
Expenses.
Sec. 16. Any person who violates or om its to comply w ith any
o f the provisions o f this act or any of the law ful orders o f the
commissioner o f labor shall be deemed guilty o f a misdemeanor
and upon conviction thereof shall be punished by a fine o f not
more than one hundred dollars ($100) or by imprisonment in the
county ja il not to exceed ninety days (9 0 ), or by both such fine
and imprisonment, in the discretion o f the court.
Violations.
S e c . 17. Provided nothing herein contained shall be construed to
be applicable to coal and m etalliferous mines and workshops con
nected therewith as such mines and workshops are by law placed
under the jurisdiction o f State coal mine inspectors or o f the
State geologist, nor shall anything herein be construed to apply to
railroads engaged in interstate commerce or workshops con
nected therewith, the same being under Federal jurisdiction.
Approved February 21, 1917.
[T he office consists o f the commissioner and a deputy.]
Exemptions. *
UNITED STATES.
ACTS OF CONGRESS.
An act to establish a Department of Labor.
[25 Stat. 182.]
Departm ent
reated.
Com m issioner.
Chief clerk.
Dutiefc
Section 1. There shall be at the seat o f government a Denartment o f Labor, the general design and duties o f which shall be
to acquire and diffuse among the people o f the United States use
fu l inform ation on subjects connected with labor, in the most
general and comprehensive sense o f that word, and especially
upon its relation to capital, the hours o f labor, the earnings o f
laboring men and women, and the means o f prom oting their ma
terial, social, intellectual, and moral prosperity.
S ec. 2. The Department o f Labor shall be under the charge o f a
Commissioner o f Labor, who shall be appointed by the President,
by and with the advice and consent o f the Senate; he shall hold
his office fo r fou r years, unless sooner removed, and shall receive
a salary o f five thousand dollars per annum.
Sec. 4 During the necessary absence o f the commissioner, or
when the office shall become vacant, the ch ief clerk shall perform
the duties o f commissioner.
Sec. 7. * * * It shall be the duty o f the commissioner also
to ascertain and report as to the effect o f the customs laws, and
the effect thereon o f the state o f the currency, in the United
States, on the agricultural industry, especially as to its effect on
mortgage indebtedness o f farmers. * * * He shall also estab
lish a system o f reports by which, at intervals o f not less than tw o
years, he can report the general condition, so fa r as production is
concerned, o f the leading industries o f the country. The Commis
sioner o f Labor is also specially charged to investigate the causes
of, and facts relating to, all controversies and disputes between
employers and employees as they may occur, and which m ay tend
to interfere with the w elfare o f the people o f the different States,
and report thereon to Congress. The Commissioner o f Labor shall
also obtain such inform ation upon the various subjects committed
to him as he may deem desirable from different foreign nations,
and what, if any, convict-made goods are imported into this coun
try, and if so, from whence.
Approved June 13, 1888.
An act making appropriation for legislative, executive, and judicial
expenses of the Government for the fiscal year ending June SO,
1896, and for other purposes.
[2 8 Stat. 8 0 5 .]
BoUettas.
*
The Commissioner o f Labor is hereby authorized to prepare and
publish a bulletin o f the Department o f Labor, as to the condition
o f labor in this and other countries, condensations o f State and
foreign labor reports, facts as to conditions o f employment, and
such other facts as may be deemed o f value to the industrial
interests o f the country, and there shall be printed one edition o f
not exceeding ten thousand copies o f each issue o f said bulletin
fo r distribution by the Department o f Labor .1
Approved March 2,1895.
*T h e sundry civil appropriation bill o f June 4, 1897 (30 Stat. L. 6 1 ).
authorizes the printing o f 15,000 copies of each issue, while that of June
6 , 1900 (31 Stat. L . 6 4 4 ), authorizes not to exceed 20,000 copies o f any
single issue as an extra edition.
162
TEXT OF LAWS— UNITED STATES.
163
An act to provide a government for the Territory of Hawaii.
[31 Stat. 155.]
S e c t i o n 76 ( as amended by act of April 8, 1904 [33 Stat. 164]).
* * * It shall be the duty of the United States Commissioner
of Labor to collect, assort, arrange, and present in reports in
nineteen hundred and five, and every five years thereafter, statis
tical details relating to all departments of labor in the Territory
of Hawaii, especially in relation to the commercial, industrial,
social, educational, and sanitary condition of the laboring classes,
and to all such other subjects as Congress may by law direct.
The said commissioner is especially charged to ascertain the high
est, lowest, and average number of employees engaged in the vari
ous industries in the Territory, to be classified as to nativity, sex,
hours of labor, and conditions of employment, and to report the
same to Congress.2
Statistics.
An act to establish the Department of Commerce and Labor.
[32 Stat. 825.]
S e c t i o n 1. There shall be at the seat of government an execu Department
tive department to be known as the Department of Commerce and created.
Labor, * * *
S e c . 4. * * * The Department of Labor
* * * and all Transfer.
that pertains to the same, hereby are placed under the jurisdic
tion and made a part of. the Department of Commerce and L abor;
*
*
*
Approved February 14, 1903.
An act making appropriations for the legislative, executive, and
judicial expenses of the Government for the fiscal year ending
June SO, 1907, and for other purposes.
[34 Stat. 442.]
The following sums are hereby appropriated out of any money
in the Treasury not otherwise appropriated, in full compensation
for the service of the fiscal year ending June thirtieth, nineteen
hundred and seven, for the objects hereinafter expressed, namely:
* * * Bureau of Labor * * * chief statistician, who shall Title
also perform the duties of chief clerk, three thousand dollars. clerk.
* * *
Approved June 22, 1906.
of chief
An act creating a Department of Labor.
[37 Stat. 736.]
S e c t i o n 1. There is hereby created an executive department D epartment
in the Government to be called the Department of Labor, with a created.
Secretary of Labor, who shall be the head thereof, to be appointed
by the President, by and with the advice and consent of the Sen
ate; and who shall receive a salary of twelve thousand dollars
per annum, and whose tenure of office shall be like that of the
heads of the other executive departments; and section one hun
dred and fifty-eight of the Revised Statutes is hereby amended
to include such department, and the provisions of title four of the
Revised Statutes, including all amendments thereto, are hereby
made applicable to said department; and the Department of Com
merce and Labor shall hereafter be called the Department of
Commerce, and the Secretary thereof shall be called the Secretary
of Commerce, and the act creating the said Department of Com-
2 The original act called for annual reports; otherwise it was almost
identical with the act as amended.
%
164
law s
m o v m m s K)H b u r e a u s oe l a b o e , e t c .
merce and Labor is hereby amended accordingly. * The purpose
o f the Department of Labor shall be to foster, promote, and de
velop the welfare of the wage earners of the United States, to im
prove their working conditions, and to advance their opportuni
ties for profitable employment. The said Secretary shall cause
a seal of office to be made for the said department of such device
as the President shall approve and judicial notice shall be taken
of the said seal.
Assistant SecSec. 2. There shall be in said department an Assistant Secreretary, etc.
tary of Labor, to be appointed by the President, who shall receive
a salary of five thousand dollars a year. He shall perform such
duties as shall be prescribed by the Secretary or required by law.
There shall also be one chief clerk and a disbursing clerk, and
such other clerical assistants, inspectors, and special agents as
may from time to time be provided for by Congress. The Auditor
for the State and Other Departments shall receive and examine
all accounts of salaries and incidental expenses of the office of
the Secretary of Labor and of all bureaus and offices under his
direction, and all accounts relating to all other business within
the jurisdiction of the Department of Labor, and certify the bal
ances arising thereon to the division of bookkeeping and warrants
and send forthwith a copy of each certificate to the Secretary of
Labor.
Officers transSec.
following-named officers, bureaus, divisions, and
ferred.
branches of the public service now and heretofore under the
jurisdiction of the Department of Commerce and Labor, and all
that pertains to the same, known as the Commissioner General
of Immigration, the commissioners of immigration, the Bureau
of Immigration and Naturalization, the Division of Information,
the Division of Naturalization, and the immigration service at
large, the Bureau of Labor, the Children’s Bureau, and the Com
missioner of Labor hereby are transferred from the Department
of Commerce and Labor to the Department of Labor, and the
same shall hereafter remain under the jurisdiction and super
vision of the last-named department. The Bureau of Immigration
and Naturalization is hereby divided into two bureaus, to be
known hereafter as the Bureau of Immigration and the Bureau
ew ureaa.
Naturalization, and the titles Chief [of] Division of Nat
uralization and Assistant Chief shall be Commissioner of Naturali
zation and Deputy Commissioner of Naturalization. The Com
missioner of Naturalization or, in his absence, the Deputy Com
missioner of Naturalization shall be the administrative officer in
charge o f the Bureau of Naturalization and of the administration
of the naturalization laws under the immediate direction of the
Secretary of Labor, to whom he shall report directly upon all
naturalization matters annually and as otherwise required, and
the appointments of these two officers shall be made in the same
manner as appointments to competitive classified civil-service posiBureau of La- tions.
The Bureau of Labor shall hereafter be known as the
bor statistics.
Bureau of Labor Statistics, and the Commissioner of the Bureau
of Labor shall hereafter be known as the Commissioner of Labor
Statistics; and all the powers and duties heretofore possessed by
the Commissioner of Labor shall be retained and exercised by the
Commissioner of Labor Statistics ; * * *.
Duties.
S e c . 4. The Bureau o f Labor Statistics, under the direction of
the Secretary of Labor, shall collect, collate, and report at least
once each year, or oftener if necessary, full and complete sta
tistics of the conditions of labor and the products and distribution
of the products of the same, and to this end said Secretary shall
have power to employ any or either of the bureaus provided for
his department and to rearrange such statistical work and to dis
tribute or consolidate the same as may be deemed desirable in the
public interests; and said Secretary shall also have authority to
call upon other departments of the Government for statistical
data and results obtained by them ; and said Secretary o f Labor
may collate, arrange, and publish such statistical information so
obtained in such manner as to him may seem wise.
TEXT OP LAWS— UNITED STATES,
165
S e c . 5. T h e official records and papers now on file in and per Transfer of rec
taining exclu sively to the business o f any bureau, office, depart ords.
ment, or branch o f the public service in th is act transferred to the
D epartm ent o f Labor, together witli the furniture now in use in
such bureau, office, department, or branch o f the public service,
sh all be transferred to the D epartm ent o f Labor.
S e c . 6 . The Secretary o f Labor shall have charge in the build
Quarters.
ings or premises occupied by or appropriated to the Department
o f Labor o f the library, furniture, fixtures, records, and other
property pertaining to it or hereafter acquired fo r use in its busi
ness; he shall be allowed to expend for periodicals and the pur
poses o f the library and for rental o f appropriate quarters fo r the
accommodation o f the Department o f Labor within the District o f
Columbia, and fo r all other incidental expenses, such sums as Con
gress may provide from time to tim e: Provided, however, That
where any office, bureau, or branch o f the public service trans
ferred to the Department o f Labor by this act is occupying rented
buildings or premises, it may still continue to do so until other
suitable quarters are provided fo r its use : And provided further,
That all officers, clerks, and employees now employed in any o f Officers, clerks,
the bureaus, offices, departments, or branches o f the public service etc.
in this act transferred to the Department o f Labor are each and
all hereby transferred to said department at their present grades
and salaries, except where otherwise provided in this a ct: And
provided further, That all laws prescribing the w ork and defining
the duties o f the several bureaus, offices, departments, or branches
o f the public service by this act transferred to and made a part
o f the Department o f Labor shall, so fa r as the same are not in
conflict with the provisions o f this act, remain in fu ll force and
effect, to be executed under the direction o f the Secretary o f
Labor.
S e c . 7. There shall be a solicitor o f the Department o f Justice
Solicitor.
fo r the Department o f Labor, whose salary shall be five thousand
dollars per annum.
Conciliation.
S e c . 8. The Secretary o f Labor shall have power to act as
mediator and to appoint commissioners o f conciliation in labor
disputes whenever in his judgment the interests o f industrial
peace may require it to be d on e; and all duties perform ed and all
pow er and authority now possessed or exercised by the head o f
any executive department in and over any bureau, office, officer,
board, branch, or division o f the public service by this act trans
ferred to the Department o f Labor, or any business arising there
from or pertaining thereto, or in relation to the duties perform ed
by and authority conferred by law upon such bureau, officer,
office, board, branch, or division o f the public service, whether o f
an appellate or revisory character or otherwise, shall hereafter
be vested in and exercised by the head o f the said Department o f
Labor.
S e c . 9. The Secretary o f Labor shall annually, at the close o f
Reports.
each fiscal year, make a report in w riting to Congress, giving an
account o f all moneys received and disbursed by him and his de
partment and describing the work done by the department. He
shall also, from time to time, make such special investigations and
reports as he may be required to do by the President, or by Con
gress, or which he him self may deem necessary.
S e c . 10. The Secretary o f Labor shall investigate and report to
Organization.
Congress a plan o f coordination o f the activities, duties, and
powers o f the office o f the Secretary o f Labor with the activities,
duties, and powers o f the present bureaus, commissions, and de
partments, so fa r as they relate to labor and its conditions, in
order to harmonize and unify such activities, duties, and powers,
with a view to further legislation to further define the duties and
powers o f such Department o f Labor.
Approved, March 4, 1913.
166
LAWS PROVIDING FOR BUREAUS OF LABOR, ETC,
Department of Labor—Second Assistant Secretary.
[4 2 Stat. 7 6 6 .]
Appointment.
S e c t io n 1. There shall be in the Department o f Labor an
additional Secretary, who shall be known and designated as
Second Assistant Secretary o f Labor. H e shall be appointed by
the President and shall receive a salary o f $5,000 a year. H e
shall perform such duties as shall be prescribed by the Secretary
o f Labor, or required by law, and in case o f the death, resignation,
absence, or sickness o f the Assistant Secretary, shall, until a
successor is appointed or such absence or sickness shall cease,
perform the duties devolving upon the Assistant Secretary by
reason o f section 177, Revised Statutes, unless otherwise directed
by the President, as provided by section 179, Revised Statutes.
Approved, June 30, 1922.
An act making appropriations for the Departments of Commerce
and Labor for the fiscal year ending June 80, 1924, an& for
other purposes.
[42 Stat. 1110.]
The follow ing sums are appropriated, out o f any m oney in the
Treasury not otherwise appropriated, fo r the Departments o f
Commerce and Labor fo r the fiscal year ending June 30, 1924,
n am ely:
*
*
T it l e
%
Salaries.
*
I I .— D e p a r t m e n t
*
op
*
L abor.
OFFICE OF TH E SECRETARY.
S alaries: Secretary o f Labor, $12,000; Assistant Secretary,
$5,000; Second Assistant Secretary, $5,000; ch ief clerk and super
intendent, $3,000; disbursing clerk, $3,000; private secretary to the
Secretary, $2,500; clerk to the Secretary, $1,800; private secre
tary to the Assistant Secretary, $2,100; private secretary to the
Second Assistant Secretary, $2,100; chief o f division o f publica
tions and supplies, $2,500; appointment clerk, $2,100; deputy dis
bursing clerk, $2,100; assistant chief, division o f publications and
supplies, $2,000; librarian, $2,000; clerks— fou r o f class four,
eleven o f class three, nine o f class two, thirteen o f class one, nine
at $1,000 each, fou r at $900 each ; three telephone switchboard
operators at $720 e a ch ; tw o messengers at $840 e a c h ; five assist
ant messengers at $720 each ; five messenger boys at $480 ea ch ;
carpenter, $1,200; engineer, $1,100; tw o skilled laborers, at $840
ea ch ; electrician, $1,000; three firemen at $720 ea ch ; eleven
laborers at $660 each (one o f whom, when necessary, shall assist,
and relieve the elevator conductor) ; lieutenant o f the watch, $840;
six watchmen at $720 each ; thirteen charwomen at $240 each ;
three elevator conductors at $720 ea ch ; in all, $147,480.
Commissioners o f con ciliation: T o enable the Secretary o f
Labor to exercise the authority vested in him by section 8 o f the
act creating the Department o f Labor, and to appoint commis
sioners o f conciliation, fo r per diem in lieu o f subsistence at not
exceeding $4, traveling expenses, and not to exceed $12,000 fo r
personal services in the D istrict o f Columbia, and telegraph and
telephone service, $200,000.
CONTINGENT EXPENSES, DEPARTMENT OF LABOR.
Expenses.
F or contingent and miscellaneous expenses o f the offices and
bureaus o f the department fo r which appropriations fo r contin
gent and miscellaneous expenses are not specifically made, includ
ing the purchase o f stationery, furniture, and repairs to the same,
carpets, matting, oilcloth, file cases, towels, ice, brooms, soap,
167
TEXT O f LAWS— UNITED STATES.
sponges, laundry* street-car fares not exceeding $200; lighting
and heating; purchase, exchange, maintenance, and repair o f
m otor cycles and motor tru ck s; purchase, exchange, maintenance,
and repair o f a motor-propelled passenger-carrying vehicle, to be
used only fo r official purposes; freight and express charges, post
age to foreign countries, telegraph and telephone service, type
writers, adding machines, and other labor-saving devices; repairs
to the building occupied by the office o f the Secretary o f L a b or;
purchase o f law books, books o f reference, and periodicals not
exceeding $3,000; in all, $50,000; and in addition thereto sueh
sum as m ay be necessary, not in excess o f $13,500, to facilitate
the purchase, through the central purchasing office, as provided
in the act o f June 17, 1910 (36 Stat., L., p. 531), o f certain sup
plies fo r the Imm igration Service, shall be deducted from the
appropriation “ Expenses o f regulating im m igration” made fo r
the fiscal year 1924 and added to the appropriation “ Contingent
expenses, Department o f Labor,” fo r that y e a r ; and the total sum
thereof shall be and constitute the appropriation fo r contingent
expenses fo r the Department o f Labor, to be expended through
the central purchasing office (D ivision o f Publications and Sup
p lies), Department o f Labor.
R e n t : F or rent o f buildings and parts o f buildings in the D is
trict o f Columbia fo r the use o f the Department o f Labor, $24,(XXX
Printing and binding: F or printing and binding for Depart
ment o f Labor, including all its bureaus, offices, institutions, and
services located in Washington, D istrict o f Columbia, and else
where, $215,000.
BUREAU OF LABOR STATISTICS.
S alaries: Commissioner, $5,000; chief statistician, who shall also
perform the duties o f chief clerk, $3,000; statistician, $3,000; six
statistical experts, at $2,000 e a c h ; employees— two at $2,760 each,
one $2,520, five at $2,280 each, one $1,800, six at $1,600 each, seven
at $1,400 each, two at $1,200 e a c h ; special agents— fou r at $1,800
each, six at $1,600 each, eight at $1,400 each, fou r at $1,200 e a c h ;
clerks— eight o f class four, seven o f class three, ten o f class two,
seventeen o f class one, eight at $1,000 e a c h ; tw o copyists at $900
e a c h ; messenger, $840; three assistant messengers, at $720 e a c h ;
tw o laborers, at $660 e a ch ; in all, $172,960.
Per diem in lieu o f subsistence, not exceeding $4, o f special
agents and employees, and fo r their transportation; experts and
tem porary assistance fo r field service outside o f the D istrict o f
Columbia, to be paid at the rate o f not exceeding $8 per d a y ;
temporary statistical clerks, stenographers, and typewriters in
the D istrict o f Columbia, to be selected from civil-service registers
and to be paid at the rate o f not exceeding $100 per month, the
same person to be employed fo r not more than six consecutive
months, the total expenditure for such temporary clerical assist
ance in the D istrict o f Columbia not to exceed $6,000; traveling
expenses o f officers and employees, purchase o f reports, and
materials fo r reports and bulletins o f the Bureau o f Labor Statis
tics, $69,000.
For periodicals, newspapers, documents, and special reports fo r
the purpose o f procuring strike data, price quotations, and court
decisions for the Bureau o f Labor Statistics, $300.
Salaries.
Expenses.
BUREAU OF IM M IGRATION .
S alaries: Commissioner General, $5,000; Assistant Commissioner
General, who shall also act as ch ief clerk and actuary, $3,500;
private secretary, $1,800; chief statistician, $2,000; tw o law exam
iners, at $2,000 e a c h ; clerks— five o f class four, five o f class three,
eight o f class two, ten o f class one, nine at $1,000 each, seven at
$900 ea ch ; tw o messengers, at $840 each ; assistant messenger,
$720; in all, $74^00.
Salaries.
168
Expenses.
L A W S PR O V ID raG BOR BTTRRATJS OP LABO R, BTC.
Regulating im m igration: For enforcement o f the law s regu
lating im migration o f aliens in to the United States, including
the contract labor la w s; cost o f reports o f decisions o f the Fed
eral courts, and digests thereof, fo r the use o f the Commissioner
General o f Im m igration; salaries and expenses o f all officers,
clerks, and employees appointed to enforce said laws, including
per diem in lieu o f subsistence when allowed pursuant to section
13 o f the sundry civil appropriation act approved August 1,
1914; enforcement o f the provisions o f the act o f February 5,
1917, entitled “ An act to regulate the immigration o f aliens to
and the residence o f aliens in the United States,” and acts
amendatory th ereof; necessary supplies, including exchange o f
typew riting machines, alterations, and repairs, and fo r all other
expenses authorized by said a c t; preventing the unlaw ful entry
o f Chinese into the United States by the appointment o f suit
able officers to enforce the laws in relation th ereto; expenses o f
returning to China all Chinese persons found to be unlaw fully in
the United States, including the cost o f imprisonment and actual
expenses o f conveyance o f Chinese persons to the fron tier or
seaboard fo r deportation; refunding o f head tax and maintenance
bills upon presentation o f evidence showing conclusively that
collection was made through error o f Government officers; all to
be expended under the direction o f the Secretary o f Labor,
$3,300,000: Provided, That the purchase, exchange, use, main
tenance, and operation o f horse and m otor vehicles required in
the enforcement o f the immigration and Chinese exclusion law s
outside o f the D istrict o f Columbia m ay be contracted fo r and the
eost thereof paid from the appropriation fo r the enforcem ent o f
those law s under such terms and conditions as the Secretary o f
Labor m ay prescribe: Provided further, That not m ore than
$12,000 o f the sum appropriated herein m ay be expended in the
purchase and maintenance o f such motor vehicles: Provided fur
ther, That the appropriation herein made fo r the enforcem ent o f
the immigration laws shall be available fo r carrying out the pro
visions o f the act entitled “ An act to exclude and expel from the
United States aliens who are members o f the anarchistic and
sim ilar classes,” approved October 16, 1918, and acts amendatory
thereof.
BUREAU OF N ATU RALIZATION .
Salaries.
Expenses.
Salaries: Commissioner, $4,000; deputy commissioner, $3,250;
clerks— eight o f class four, twelve o f class three, sixteen o f class
two, sixteen o f class one, ten at $1,000 each, one $900; messenger,
$900; messenger, $840; two assistant messengers at $720; messen
ger boy, $480; in all, $97,010.
General expenses: F or compensation, to be fixed by the Secre
tary o f Labor, o f examiners, interpreters, clerks, and stenog
raphers, fo r the purpose o f carrying on the w ork o f the Bureau
o f Naturalization, provided fo r by the act approved June 29, 1906,
as amended by the act approved March 4, 1913 (Stat. L., vol. 37,
p. 736), and May 9, 1918 (Stat. L., vol. 40, p. 542 to 548, inclu
siv e), including not to exceed $50,000 fo r personal services in the
D istrict o f Columbia, and fo r their actual and necessary traveling
expenses while absent from their official stations, including street
car fa re on official business at official stations, together with per
diem in lieu o f subsistence, when allowed pursuant to section 13
o f the sundry civil appropriation act approved August 1, 1914,
and fo r such per diem, together with actual necessary traveling
expenses, o f officers and employees o f the Bureau o f Naturaliza
tion in W ashington while absent on official duty outside o f the
D istrict o f C olum bia; telegrams, verifications o f legal papers, tele
phone service in offices outside o f the D istrict o f C olum bia; not
to exceed $25,000 fo r rent o f offices outside o f the D istrict o f Co
lumbia where suitable quarters can not be obtained in public
buildings; carrying into effect section 13 o f the act o f June 29,
169
TEXT OF LAWS— UNITED STATES.
1906 (34 Stat., p. 600), as amended by tbe act approved June 25,
1910 (36 Stat., p. 765), and in accordance with the provisions o f
the sundry civil act o f June 12, 1917; and fo r mileage and fees
to witnesses subpoenaed on behalf o f the United States, the ex
penditures from this appropriation shall be made in the manner
and under such regulation as the Secretary o f Labor may pre
scribe, $600,000: Provided, That no part o f this appropriation
shall be available fo r the compensation o f assistants to clerks o f
United States courts.
Lump sum.
CHILDREN’ S BUREAU.
S alaries: Chief, $5,000; assistant chief, $2,400; experts— one on
sanitation $2,800, industrial $2,000, social service $2,000, statis
tical $2,000; administrative clerk, $2,000; editor, $2,000; special
agents— one $1,800, fou r at $1,600 each, ten at $1,400 each, twelve
at $1,200 each ; private secretary to chief o f bureau, $1,500;
clerks— two o f class four, fou r o f class three, fou r o f class two,
seventeen o f class one, ten at $1,000 e a c h ; copyist, $900; messen
ger $840; in all, $106,040.
T o investigate and report upon matters pertaining to the welfare o f children and child life, and especially to investigate the
questions o f infant mortality, including personal services in the
D istrict o f Columbia and elsewhere, $120,000: Provided, That not
exceeding twelve persons shall be employed hereunder at a rate
o f compensation o f $2,000 each per annum and above that sum.
F or traveling expenses and per diem in lieu o f subsistence at
not exceeding $4 o f officers, special agents, and other employees o f
the Children’s B ureau; experts and temporary assistants, to be
paid at a rate not exceeding $6 a day, and interpreters to be paid
at a rate not exceeding $4 a day when actually em ployed; pur
chase o f reports and material fo r the publications o f the Chil
dren’s Bureau, newspapers and clippings to enable the Children’s
Bureau to secure data regarding the progress o f legislation affect
ing children and the activities o f public and private organizations
dealing with children, and fo r reprints from State, city, and
private publications for distribution when said reprints can be
procured more cheaply than they can be printed by the Govern
ment, $85,000.
Promotion o f the w elfare and hygiene o f maternity and in fa n cy :
F or carrying out the provisions o f the act entitled “ An act fo r the
promotion o f the w elfare and hygiene o f maternity and infancy,
and fo r other purposes,” approved November 23, 1921, $1,240,000:
Provided, That no salary shall be paid from the portion o f this
appropriation allotted for administrative purposes at a rate ex
ceeding $2,000 per annum except the follow in g : One at $3,600,
one at $3,500, and one at $3,000.
w o m en ’s
Salaries,
Expenses,
bureau.
F or carrying out the provisions o f the act entitled “ An act to General
establish in the Department o f Labor a bureau to be known as the priation.
W omen’s Bureau,” approved June 5,1920, including personal serv
ices in the D istrict o f Columbia and elsewhere, purchase o f mate
rial fo r reports and educational exhibits, and traveling expenses,
$105,000: Provided, That no person shall be employed hereunder
at a rate o f compensation exceeding $1,800 per annum except the
follow in g : One at $5,000, one at $3,500, one at $3,000, one at
$2,500, three at $2,200 each, and three at $2,000 each.
em plo ym ent
se r v ic e .
T o enable the Secretary o f Labor to foster, promote, and develop the w elfare o f the wage earners o f the United States, ineluding juniors legally employed, to improve their working condi
tions, to advance their opportunities fo r profitable employment by
appro
General appropriation.
170
LAWS PROYIDmG FOR BUREAUS OF LABOR, ETC,
regularly collecting, furnishing, and publishing employment infor
mation as to opportunities for em ploym ent; maintaining a system
fo r clearing labor between the several States; cooperating with
and coordinating the public employment offices throughout the
country, including personal services in the D istrict o f Columbia
and elsewhere, and fo r their actual necessary traveling expenses
while absent from their official station, together with their per
diem in lieu o f subsistence, when allowed pursuant to section 13
o f the sundry civil appropriation act approved August 1, 1914;
supplies and equipment, telegraph and telephone service, and mis
cellaneous expenses, $210,000.
Approved, January 5, 1923.
[Besides the statutory positions provided fo r in the appropria
tion act as above, it is also disclosed that a number o f employees
are paid from lump sum and general appropriations, v a ry in g ^
according to needs.]
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