Violations. Application of act. Fellow servant doctrine abrogated. SEC. 8. Any person, firm or corporation, or the superintendent, manager, or any officer of a manufacturing establishment employing any child or permitting any child to be employed by or to work in or to be detained in any mill, factory or manufacturing establishment in this State contrary to law, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars nor more than one hundred dollars, or may be sentenced to the county jail for not less than ten days nor more than sixty days, or both such fine and imprisonment. SEC. 9. The provisions of this act shall apply only to manufac turing establishments engaged in manufacturing or working in cotton, wool or other fabrics, and to manufacturing establishments where children are employed indoors at work injurious to health, or in operating dangerous machinery. Approved March 21, 1908. CHAPTER 194.-Liability of railroad companies for injuries to cmployees-Fellow-servants. SECTION 4056 of the Code of 1906 is hereby amended so as to read as follows: Section 1. Every employee of a railroad corporation, and all other corporations and individuals, using engines, locomotives or cars of any kind or description whatsoever, propelled by the dangerous agencies of steam, electricity, gas, gasoline or lever power, and running on tracks, shall have the same rights and remedies for an injury suffered by him from the act or omission of such railroad corporation or others, or their employees, as are allowed by law to other persons not employed. Knowledge Knowledge by any employee injured of the defective or unsafe not a defense. character or condition of any machinery, ways or appliances, or of the improper loading of cars, shall not be a defense to an action Exceptions. for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily Injuries caus- operated by them. When death ensues from an injury to an ening death. ployee, an action may be brought in the name of the widow of such employee for the death of the husband, or by the husband for the death of his wife, or by a parent for the death of a child, or in the name of a child for the death of an only parent, for such damages as may be suffered by them respectively by reason of such death, the damages to be for the use of such widow, husband, parent or child, except that in case the widow should have children, the damages shall be distributed as personal property of the husband. The legal or personal representatives of the person injured shall have the same rights and remedies as are allowed by law to such representatives of other persons. In every such action the jury may give such damages as shall be fair and just, with reference to the injury resulting from such death to the person suing. Any contract or agreement expressed or implied, made by an employee to waive the benefit of this section shall be null and void; and this section shall not deprive an employee of a person, natural or artificial, or the legal or personal representatives of such person, of any right or remedy they now have by law. Approved March 20, 1908. Waiver. MISSOURI. ACTS OF 1909. Inspection of factories and workshops. (Page 331.) SECTION 1. Article XVII of chapter 91 of the Revised Statutes of Missouri of 1899, relating to factory inspection in cities of five thousand inhabitants or more, is hereby amended by repealing switching at intermediate stations; nor to any locomotive engines in cases of washouts, wrecks, or when going to the assistance of engines so disabled as to block the main track of a railroad. SEC. 2. Any person or corporation violating the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than $100 or more than $1,000, and in addition thereto any person giving an order, permitting or requiring an employee of any railroad to violate the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail not less than ten nor more than thirty days. SEC. 3. Any person or corporation operating a railroad in violation of the provisions of this act shall be liable for injury or damage caused to any person by reason thereof, notwithstanding the negligence of the party injured or damaged. Approved March 16, 1908. CHAPTER 99.-Employment of children-General provisions. SECTION 1. No children under the age of twelve years shall be employed in or permitted to work in any mill, factory or manufacturing establishment in this State. Violations. Liability. Age limit. Hours of la Night work. SEC. 2. No child under the age of sixteen years shall be employed or detained in any mill, factory or manufacturing estab- bor. lishment within this State for more than ten hours in any one day, or for more than fifty-eight hours in any one week, or be employed in or detained in any such manufacturing establishment between the hours of 7 p. m. and 6 a. m. SEC. 3. It shall be unlawful for any person, firm or corporation to employ or detain or permit to work in any mill, factory or manufacturing establishment in this State any child under the age of sixteen years without first requiring said child to present the affidavit of the parent or guardian or person standing in parental relation to such child, stating the place and date of birth of such child, and also stating the last school attendance of such child and grade of studies pursued, and the name of school and name of teacher in charge. The employer shall preserve such affidavit and keep a complete register of all such affidavits showing all the facts contained therein. SEC. 4. It is the special duty of the sheriff of the county in which manufacturing establishments employing child labor are located to visit, at least once each month, each such manufacturing establishment, and see to the enforcement of this act. SEC. 5. It is the duty of each county health officer to visit, without notice of his intention to do so, all manufacturing establishments employing child labor within his county, at least twice each year, and oftener if requested by the sheriff, and to promptly report to the sheriff any unsanitary condition of the premises, any child or children afflicted with an infectious, contagious or communicable disease, or whose physical condition renders such child or children incapacitated to perform the work required of them; and the sheriff shall promptly remove such child or children from such manufacturing establishment, and order the premises put in sanitary condition; and the judgment of the county health officer as to the physical condition of the children and sanitary condition of the premises shall be final and conclusive. SEC. 6. It shall be the duty of the circuit judge to specially charge the grand jury to investigate violations of this act. Affidavits. Register. Enforcement. Inspection. Investiga tions. Refusing in SEC. 7. Any officer, manager or superintendent of any manufacturing establishment in which child labor is employed who shall formation. fail or refuse to give true and correct information demanded of him by any of the officers hereinbefore directed to inspect such establishments, or who shall fail or refuse to obey any lawful order of the sheriff or health officer of the county in which such establishment is located, for carrying out the purposes of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than one hundred dollars. Fellow servant doctrine abrogated. SEC. 8. Any person, firm or corporation, or the superintendent, manager, or any officer of a manufacturing establishment employing any child or permitting any child to be employed by or to work in or to be detained in any mill, factory or manufacturing establishment in this State contrary to law, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars nor more than one hundred dollars, or may be sentenced to the county jail for not less than ten days nor more than sixty days, or both such fine and imprisonment. SEC. 9. The provisions of this act shall apply only to manufacturing establishments engaged in manufacturing or working in cotton, wool or other fabrics, and to manufacturing establishments where children are employed indoors at work injurious to health, or in operating dangerous machinery. Approved March 21, 1908. CHAPTER 194.-Liability of railroad companies for injuries to employees-Fellow-servants. SECTION 4056 of the Code of 1906 is hereby amended so as to read as follows: Section 1. Every employee of a railroad corporation, and all other corporations and individuals, using engines, locomotives or cars of any kind or description whatsoever, propelled by the dangerous agencies of steam, electricity, gas, gasoline or lever power, and running on tracks, shall have the same rights and remedies for an injury suffered by him from the act or omission of such railroad corporation or others, or their employees, as are allowed by law to other persons not employed. Knowledge Knowledge by any employee injured of the defective or unsafe not a defense. character or condition of any machinery, ways or appliances, or of the improper loading of cars, shall not be a defense to an action Exceptions. for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily Injuries caus- operated by them. When death ensues from an injury to an eming death. ployee, an action may be brought in the name of the widow of such employee for the death of the husband, or by the husband for the death of his wife, or by a parent for the death of a child, or in the name of a child for the death of an only parent, for such damages as may be suffered by them respectively by reason of such death, the damages to be for the use of such widow, husband, parent or child, except that in case the widow should have children, the damages shall be distributed as personal property of the husband. The legal or personal representatives of the person injured shall have the same rights and remedies as are allowed by law to such representatives of other persons. In every such action the jury may give such damages as shall be fair and just, with reference to the injury resulting from such death to the person suing. Any contract or agreement expressed or implied, made by an employee to waive the benefit of this section shall be null and void; and this section shall not deprive an employee of a person, natural or artificial, or the legal or personal representatives of such person, of any right or remedy they now have by law. Approved March 20, 1908. Waiver. MISSOURI. ACTS OF 1909. Inspection of factories and workshops. (Page 331.) SECTION 1. Article XVII of chapter 91 of the Revised Statutes of Missouri of 1899, relating to factory inspection in cities of five thousand inhabitants or more, is hereby amended by repealing section 6431 of said article, and by [The amendment consists in substituting the words factory inspector for the words commissioner of labor, in the sections amended.] Inspection of factories and workshops-Blowers for emery wheels, etc. (Page 333.) SECTION 1. Section 6444 of the Revised Statutes of 1899 is Hoods and hereby repealed, and the following section, to be known as section blowers for dust-producing 6444, is hereby enacted in lieu thereof: Section 6444. Every person, machinery, etc. firm or corporation using any polishing wheel or machine of any character which generates dust, smoke or poisonous gases in its operation, shall provide each and every such wheel or machine with a hood, which shall be connected with a blower or suction fan of sufficient power to carry off said dust, smoke and gases and prevent its inhalation by those employed about said wheel or machine; and any violation of this section is hereby declared to be a misdemeanor, and a person, firm or corporation so violating this section shall, upon conviction, be punished by a fine of not less than one hundred nor more than five hundred dollars for each and every offense. It shall be the duty of the factory inspector and his deputies to see that this section is enforced and to prosecute any violations thereof. Approved June 1, 1909. Payment of wages of railroad employees-Time. (Page 366.) SECTION 1. All railroad corporations incorporated under the laws of this State and conducting and operating a railroad therein, and all foreign corporations conducting and operating railroads in this State (including receivers of said domestic and foreign corporations) shall and it is hereby made their duty to pay the employees of said corporations their wages monthly, and said monthly wages or compensation shall be paid on or before the 15th of the month following the month during which said wages or compensation shall be earned. SEC. 2. That any railroad corporation referred to in the foregoing section, or any superintendent, manager or receiver thereof, who shall willfully refuse, neglect or fail to pay said employees, their agents, assign[s], or any one duly authorized to collect said wages, their wages or compensation as required by this act, shall be guilty of a misdemeanor, and shall be punishable by a fine of not less than twenty-five dollars and not more than three hundred dollars for each offense, and each day during which said payment of wages or compensation shall not be made as required by this act shall constitute a separate and distinct offense. Approved June 14, 1909. Employment of females in barrooms. ** Monthly pay day. Violations. Women not to be em SECTION 1. Section 2185 of the Revised Statutes of Missouri, 1899, is hereby amended ** SO that said section as ployed. amended shall read as follows: Section 2185. No company, corporation, firm, owner, proprietor, lessee or person owning, conducting or operating any dramshops, saloon or place where spirituous, malt or vinous liquors are sold at retail shall employ or suffer to be employed any female as a servant, bartender, waiter, dancer or singer in said dramshop or place where spirit uous, malt or vinous liquors are sold at retail, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by imprisonment in the county jail not less than three nor more than twelve months, or by fine of not less than fifty nor more than five hundred dollars, or by both such fine and imprisonment; and it shall be the duty of the judge of the court before whom any person is convicted for the violation of the provisions of this section to declare the license of such person for the keeping of a dramshop forfeited and revoked, and enter the same on record; and thereupon it shall be the duty of the clerk of the said court to certify the fact to the authority granting such license, and no such license shall be renewed or again granted to such person until after the expiration of the two years from the day of conviction. Approved May 6, 1909. Offenses of employees-Intoxication. (Page 450.) Iutoxication SECTION 4. Section 1868 of of engineers, 1899] is hereby amended etc. Repeal. * * * [the Revised Statutes of * so that said section, as amended, shall read as follows: Section 1868. Every person whe whilst actually employed in discharging the duties of a pilot or engineer on any steamboat, or of an engineer or conductor on any railroad engine, car or train of cars, or of a motorman or conductor on any electric car or cars moved or propelled by any other power, shall be intoxicated, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding three years or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars. SEC. 5. Sections 1858 and 1869 of utes of 1899] are hereby repealed. Approved June 4, 1909. [the General Stat Inspection of factories-Guards for dangerous machinery. (Page 502.) Belting, etc., SECTION 1. Section 6433, Revised Statutes of 1899, [shall] be to be guarded. amended * * *, so that said section, as amended, shall read as follows: Section 6433. The belting, shafting, machines, machinery, gearing and drums, in all manufacturing, mechanical and other establishments in this State, when so placed as to be dangerous to persons employed therein or thereabout while engaged in their ordinary duties, shall be safely and securely guarded when possible; if not possible, then notice of its danger shall be conspicuously posted in such establishments. Approved June 14, 1909. Employment of women and children—Cleaning moving machinery. (Page 502.) Cleaning SECTION 1. Section 6434, Revised Statutes of Missouri, 1899, is moving ma- hereby repealed and a new section enacted in lieu chinery prohibited. thereof, as follows: Section 6434. No minor or woman shall be required to clean any part of the mill, gearing or machinery while it is in motion in such establishment, nor shall any minor under the age of sixteen years be required to work between the fixed and Working be traversing or the traversing parts of any machine while it is in tween moving motion by the action of steam, water, electricity or other mechanparts. ical power; and no woman shall be required to work between the fixed and traversing or the traversing parts of any such machine, except the machine being operated by her. Approved May 3, 1909. |