Enforcement. SEC. 4. It shall be the duty of the factory inspector to examine and inquire into the employment of minors and women in the establishments described in this act, and to investigate all complaints of violations hereof, and to report all cases of such violation to the prosecuting officer having jurisdiction thereof. The factory inspector shall, on or before the first day of December in each year, make a report to the governor of the number of such violations so reported by him, and of the prosecutions instituted thereon.

Violations.

Repeal.

Seats to be

SEC. 5. Every person who willfully employs, or has in his employment or under his charge, any person in violation of section one, two, or three of this act, and every parent or guardian who permits any such minor to be so employed, shall be fined not more than twenty dollars for each offense. A certificate of the age of a minor, made as provided in section 4705 of the General Statutes and amendments thereof, shall be conclusive evidence of his age upon the trial of any person other than the parent or guardian for violation of any provision of this act.

SEC. 6. Sections one and two of chapter 251 of the Public Acts of 1907 are hereby repealed. Nothing in this act shall be construed as repealing any provision of section 2116 of the General Statutes or any amendments thereto.

Approved, August 12, 1909.

CHAPTER 237.—Street railways—Seats for motormen.

SECTION 1. Every company owning or operating a street railprovided, when. way in this State shall cause each of its cars having an air brake, and when running outside the territorial limits of any city or borough, to be provided with a seat or stool for the use of the motorman operating such car or the person having the motive power of the same under control: Provided, That the railroad commissioners may exempt from the provisions of this act any line or parts of a line, or any cars of such a company if, after public hearing, they shall find that the presence of such seats upon such line, parts of line, or cars would endanger or inconvenience any person or persons traveling or being legally upon such lines or cars.

Violations.

Age limit.

tendance

quired.

re

SEc. 2. Any company owning or operating any such car which shall neglect or refuse to cause the same to be provided with a seat or stool for the use of the motorman operating the same or the person having the motive power of such car under control, shall forfeit to the State twenty-five dollars for each day of such neglect or refusal.

*

Approved, August 19, 1909.

DELAWARE.

ACTS OF 1909.

CHAPTER 121.-Employment of children-General provisions. SECTION 1. Chapter 123, volume 23, of the Laws of Delaware is hereby amended as follows:

* *

By striking out section 1 of said act and inserting in lieu thereof the following:

Section 1. No child under the age of fourteen years shall be employed or suffered to work at any gainful occupation.

By striking out section 2 and inserting in lieu thereof the following:

School at- Section 2. No child between the ages of fourteen and sixteen years shall be employed in any factory, workshop or establishment where the manufacture of any kinds of goods whatever is carried on unless such child shall have attended a public school or a school equivalent thereto or a parochial school for not less than one hundred and forty days during the school year previous to his arriving at the age of fourteen years, or within the school

year immediately preceding such employment, and unless such child shall be able to read and write simple sentences in the English language, and be familiar with the fundamental operations of arithmetic up to fractions.

By striking out in section 3 of said act the words "in any factory, workshop or establishment where the manufacture of any kind of goods is carried on" and inserting in lieu thereof the words "in any gainful occupation."

66

By adding to section 3 of said act after the words "fifty-four hours a week" the following: or before the hour of seven o'clock in the morning or after the hour of six o'clock in the evening." Also by adding to section 3 of said act at the end thereof the following:

The said factory and workshop inspector is hereby further directed and empowered to inquire into and investigate whether the employers within this act observe its provisions and to examine the sworn statements of the parents or guardians and the certificates of teachers, as required by section 4 of this act, and to thoroughly investigate the truth of the facts therein recited, and after such inquiry, examination and investigation if it appears to the satisfaction of the said factory and workshop inspector that said employers have not observed the provisions of this act or that the said certificates or statements are untrue in whole or in part, he is hereby empowered to deliver to said employer a written notice in the following form, viz:

To

You are hereby notified and directed to discharge from your employ within days from the receipt of this notice.

Factory and Workshop Inspector.

It shall be unlawful for the employer of any child within the provisions of this act to fail to comply with the terms of said notice.

By striking out section 4 of said act and inserting in lieu thereof the following:

Application

of law.

Night work.

Enforcement.

Registers.

Proof of age.

Section 4. It shall be the duty of every person or corporation employing a child or children within the provisions of this act to keep a register, in which shall be recorded the name, age, day of birth and place of residence of every child under the age of sixteen years so employed by such person or corporation; and such register shall be produced on demand and shown to the factory and workshop inspector. It shall be unlawful for any person or corporation to employ any minor under the age of sixteen years unless there is furnished to said person or corporation a sworn statement made by the parent or guardian of such minor, stating the name, date and place of birth of such minor, and also unless there is furnished to said person or corporation a certifi-Schooling cercate of the teacher or teachers of said minor child showing that tificate. it has attended school, has received the instruction and is qualified as prescribed by section 2 of this act.

It shall be the duty of said person or corporation employing such child to keep on file said affidavit and certificate during such employment, and upon the termination thereof to deliver up said affidavit and certificate to said child upon its request therefor. The sworn statement of the parent or guardian shall be filled out and made in the following form:

State of Delaware,

County. SS. Before me a Notary Public for the State of Delaware, personally appears (parent or guardian of child), who being sworn in due form of law, doth depose and say that (he or she) is the (parent or guardian) of (name of minor), who is years of age.

Files.

Form of certificate.

That said (minor) was born on the

at

A. D. and that the present residence of the said (minor's name)

day of

is

Sworn and subscribed before me the

day of

A. D.

Notary Public for the State of Delaware.

Exemption.

Employers

payments on

The certificate of the teacher or teachers shall be made out in the following form:

19

This is to certify that (minor's name) has attended school in
Hundred and

County from

to

during

and of my personal knowledge (minor's name) is able to read and write simple sentences in the English language, and is familiar with the fundamental operation of arithmetic up to fractions.

Teacher.

It shall be unlawful for any person or corporation to employ a child within the provisions of this act without first receiving and filing said sworn statement of the parent or guardian of such child and said teacher's certificate as hereinabove provided.

By adding to section 7 of said act at the end thereof the following:

"Or to any person or corporation employing a child or children in domestic service."

By striking out section 8 of said act.
Approved April 19, A. D. 1909.

CHAPTER 233.-Assignment and garnishment of wages-Usurious

loans.

SECTION 1. From and after the approval of this act, it shall be not to make unlawful for any employer in this State to knowingly pay any usurious debts. warrant or order issued by any employee against his or her salary and intended to be in payment or part payment of any indebtedness due any person, firm or corporation for borrowed money in cases where a greater rate of interest than six per cent per annum has been received or charged for such borrowed money.

Usurious SEC. 2. Whenever any employer, whether individual, firm, or rates may be corporation, shall be summoned as garnishee of any employee at pleaded.

Violations.

the suit of any person, firm or corporation in an action to recover from such employee borrowed money or interest thereon, and the employee claims that a greater rate of interest than six per centum per annum has been charged the employee shall plead such fact in lieu of an answer by the garnishee, whereupon a trial shall be had to determine whether or not such excessive rate of interest had been charged and if upon such trial it shall be determined that a greater rate of interest than six per cent per annum had been charged upon such borrowed money, the garnishee shall be discharged.

SEC. 3. Any employer whether an individual, member of a firm, agent or agents, officer or officers of a corporation, who shall knowingly do contrary to the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars, and in the default of payment of such fine, together with the costs, may be imprisoned for a term not exceeding six months at the discretion of the court.

Approved April 15, A. D. 1909.

CHAPTER 250.-Assignments of wages-Loan offices.

Assignees of

SECTION 1. It shall be unlawful for any person or corporation not having a known place of business within the State, to take or wages to have accept as security for money loaned, orders or warrants of em- offices, ployees upon their employers for salary due or to become due. Any person or the agent of any corporation violating the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars nor more than five hundred dollars and in default of the payment of such fine, together with the costs, shall be imprisoned for a term not exceeding six months at the discretion of the court.

Approved April 5, A. D. 1909.

DISTRICT OF COLUMBIA.

ACTS OF 1908-9.

CHAPTER 166.-Private employment offices.

SECTION 1. (Section eight of) * * * entitled "An act to regulate the keeping of employment agencies in the District of Columbia where fees are charged for procuring employment or situations," approved June nineteenth, nineteen hundred and six, [chapter 3438, acts of 1905-6, shall] be amended to read as follows:

Fees to bo

SEC. 8. The fees charged for the employment of agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, charged. waitresses, scrub women, nurses (except professional nurses), chambermaids, maids of all work, domestics, servants, or other laborers (except seamen), or for the purpose of procuring or giving information concerning such person for or to employers, shall be as follows:

Employment agents or agencies shall be entitled to receive in advance from an employer, for male or female employees, two dollars each: Provided, That such fee shall entitle said employer to at least thirty days' service from said male or female employee, or from other employees at the same rate of wages to be furnished by said employment agent or agencies.

Employment agents or agencieshall be entitled to receive in advance from the applicant for work or employment, either male or female, one dollar each, one-half of which is to be returned on demand if such applicant is not secured a fair opportunity of employment within fifteen days after the receipt of said original fee of one dollar: Provided, That where the male or female employee receives employment at a rate of wage of twenty-five dollars per month or more, said employment agent or agency shall, on obtaining employment for such employee, receive an additional one dollar from said employee: Provided, That the whole fee and any sums paid by the applicant for transportation in going to and returning from such employer shall be refunded within four days of demand, if no employment of the kind applied for was vacant at the place to which the applicant was directed: And provided further, That it shall be unlawful for any employment agent or agency to receive more than the fees set forth in this act in the business aforesaid.

It shall be the duty of such licensed person to give to every applicant for employment from whom a fee shall be received a receipt in which shall be stated the name of said applicant, the date and amount of the fee, and the purpose for which it was paid, and to every applicant for help a receipt stating the name and address of said applicant, the date and amount of the fee, and the kind of help to be provided. Every such receipt, excepting only those given by theatrical and teachers' agencies and those procuring technical, clerical, sales, and executive positions for men only, shall have printed on the back thereof a copy of this section in the English language. No such licensed person shall

20092-No. 85-10-6

Receipts.

Experience required.

Violations.

Headlights required.

Violations.

Exemption.

Liability of employer for

divide fees with contractors or their agents or other employers or anyone in their employ to whom applicants for employment are sent. Every such licensed person shall give to each applicant for employment a card or printed paper containing the name of the applicant for employment, name and address of such employment agency, and the written name and address of the person to whom the applicant is sent for employment. Every such licensed person shall post in a conspicuous place in each room of such agency a plain and legible copy of this act, which shall be printed in large type.

Approved, February 20, 1909.

GEORGIA.

ACTS OF 1908.

ACT No. 321.-Railroads-Employment of locomotive engineers.

(Page 49.)

SECTION 1. No railway company operating trains in this State shall have employed or allow in charge of one of its locomotives in this State, as a locomotive engineer, (except such engines used in yard service) any person who shall not have had as much as three years actual bona fide experience as a fireman or engineer on a railway locomotive, or who shall not have served an apprenticeship of four years in a regular railroad machine shop, and have had in addition thereto one year bona fide experience as a locomotive fireman.

SEC. 2. Any railway company violating this act shall be guilty of a misdemeanor and liable to indictment and punishment in any county in this State in which such inexperienced person shall be allowed to work upon such locomotive. Approved July 23, 1908.

ACT No. 537.—Railroads-Headlights on locomotives.

(Page 50.)

SECTION 1. All railroad companies are hereby required to equip and maintain each and every locomotive used by such company to run on its main line after dark with a good and sufficient headlight which shall consume not less than three hundred watts at the arc, and with a reflector not less than twenty-three inches in diameter, and to keep the same in good condition. The word main line as used herein means all portions of the railway line not used solely as yards, spurs and side tracks.

SEC. 2. Any railroad company violating this act in any respect shall be liable to indictment as for a misdemeanor in any county in which the locomotive not so equipped and maintained may run, and on conviction shall be punished by fine as prescribed in section 1039, of the Code of 1895.

SEC. 4. Provided, This act shall not apply to tramroads, mill roads and roads engaged principally in lumber or logging transportation in connection with mills.

Approved August 17, 1908.

ACTS OF 1909.

Liability of railroad companies for injuries to employees.

(Page 160.)

SECTION 1. Every common carrier by railroad shall be liable in damages to any person suffering injury while he is employed by such carrier, or in case of death of such employee, to his or her