of New York, or of any department or bureau thereof, a vacation of not less than one week in each year and for such further period of time as the duties, length of service and other qualifications of an employee may warrant, at such time as the executive head of the department or any officer having supervision over said employee may fix, and for such time they shall be allowed the same compensation as if actually employed, except that no such vacation shall be granted to per diem employees for longer than one week, and only during the months of June, July and August. Became a law May 28, 1909.

NORTH CAROLINA.

ACTS OF 1909.

CHAPTER 285.-Sunday labor.

[This chapter amends section 2613, Revisal of 1905, so that said section now reads:] No railroad company shall permit the loading or unloading of any freight car on Sunday; nor shall permit any car, train of cars, or locomotive to be run on Sunday on any railroad, except in case of accident and except such as may be run for the purpose of transporting the United States mails and passengers with their baggage, and ordinary express freight in express cars exclusively, and except such as shall be run for the purpose of transporting fruits, vegetables, live stock and perishable freights. Where there are not sufficient cars of live stock or other perishable freights to make a complete train, or section of a train, the company may add other cars to complete the same: Provided, That solid trains, made up of through freight cars, reaching on Sunday any point upon any railroad in North Carolina and destined for some point or points beyond the limits of the State of North Carolina, may be continued as a solid through freight train along the line of said railroad through the State of North Carolina, without stopping said train for other purposes than to take on fuel and receive necessary running orders: Provided, The word Sunday in this section shall be construed to embrace only that portion of the day between sunrise and sunset; and trains in transitu, having started on Saturday, may, in order to reach the terminus or shops, run until nine o'clock a. m. on Sunday, but not later, nor for any other purpose than to reach the terminus or shops.

Ratified this the 23d of February, A. D. 1909.

CHAPTER

446.-Safety appliances on
headlights.

railroads-Locomotive

or

Operation of railroads.

SECTION 1. Every company, corporation, lessee, manager Headlights receiver owning or operating a railroad in this State is hereby required. required to equip and maintain and use upon each and every locomotive in operation in railroad service on main lines in this State an electric or power headlight of at least one thousand five hundred candlepower, measured without the aid of a reflector: Provided, That only twenty-five per cent of said locomotives not now so equipped shall be required to be so equipped or used by April first, one thousand nine hundred and ten; another twenty-five per cent by April first, one thousand nine hundred and eleven; another twenty-five per cent by April first, one thousand nine hundred and twelve, and the remainder by April first, one thousand nine hundred and thirteen: Provided, That this act shall not apply to locomotive engines regularly used in switching cars or trains: And further providing That this act shall not apply to locomotive engines used exclusively between sunup and sundown, nor going to nor returning from repair shops when ordered in for repairs: Provided further, That this act shall not apply to independently owned and operated railroad companies in this State whose mile

Violations.

State.

age of road in this State is one hundred and twenty-five miles or less, nor to railroads having only lines extending into this State, no one of which is one hundred miles in length in this State: Provided further, The corporation commission may relieve from the operation of this act such locomotives and roads or parts or sections or branches of roads upon which the said corporation commission may deem electric or power headlights not advisable: Provided further, That should an engine start on a trip with the headlight in good working condition, and from some unavoidable cause such headlight becomes disabled and can not be repaired on the line of the road on which such run is being made, there shall be nothing in this act to prevent said engine from continuing on said trip, and the railroad shall not be liable for prosecutions on account of such failure.

SEC. 2. That any company, corporation, lessee, manager or receiver violating the provisions of this act shall be guilty of a misdemeanor.

Ratified this the 5th day of March, A. D. 1909.

CHAPTER 504.-Exemption of wages from execution—Unlawful assignments.

Sending SECTION 1. No resident creditor or other holder of any book claims out of account, negotiable instrument, duebill or other monetary demand arising out of contract, due by or chargeable against any resident wage-earner or other salaried employee of any railway corporation or other corporation, firm or individual engaged in interstate business shall send out of the State, assign or transfer the same, for value or otherwise, with intent to thereby deprive such debtor of his personal earnings and property exempt by law from application to the payment of his debts under the laws of the State of North Carolina, by instituting or causing to be instituted thereon against such debtor, in any court outside of this State, in such creditor's own name or in the name of any other person, any action, suit or proceeding for the attachment or garnishment of such debtor's earnings in the hands of his employer, when such creditor and debtor and the railway corporation or other corporation, firm or individual owing the wages or salary intended to be reached are under the jurisdiction of the courts of this State.

Alding violations.

Violations.

Evidence.

SEC. 2. No person residing or sojourning in this State shall counsel, aid or abet any violation of the provisions of section one of this act.

SEC. 3. Any person or persons violating any provision of sections one and two of this act shall be answerable in damages to any debtor from whom any book account, negotiable instrument, duebill or other monetary demand arising out of contract shall be collected, or against whose earnings any warrant of attachment or notice of garnishment shall be issued, in violation of the provisions of section one of this act, to the full amount of the debt thus collected, attached or garnisheed, to be recovered by civil action in any court of competent jurisdiction in this State; and any person so offending shall likewise be guilty of a misdemeanor, punishable by a fine of not more than two hundred dollars.

SEC. 4. In any civil or criminal action instituted in any court of competent jurisdiction in this State for any violation of the provisions of sections one and two of this act, proof of the institution or prosecution of any action, suit or proceeding in violation of the provisions of section one hereof, or the issuance of service therein of any warrant of attachment, notice or garnishment or other like writ for the garnishment of the earnings of the defendant therein, or of the payment by the garnishee therein of any final judgment rendered in any such action, suit or proceeding shall be deemed prima facie evidence of the intent of the creditor or other holder of the debt sued upon to deprive such debtor of his personal earnings and property exempt from application to the payment of his debts under the laws of this State, in violation of the provisions of this act.

Construction

SEC. 5. No provision of this act shall be so construed as to deprive any person entitled to its benefits of any legal or equitable of act. remedy already possessed under the laws of this State. Ratified this the 5th day of March, A. D. 1909.

CHAPTER 637.-Fire escapes on factories, etc.

* of all Doors to Open outwardly.

* *

SECTION 3. All doors for ingress and egress * * * * factories with more than twenty employees which shall hereafter be erected, together with all those heretofore erected and which are still in use as such buildings * shall be so hung as to open outwardly from the * * * workshops of such buildings or places: Provided, That said doors may be hung on double hinges, so as to open with equal ease outwardly or inwardly.

SEC. 4. All factories, manufactories, establishments or workshops of three or more stories in height, in which thirty or more people are employed above the first floor thereof, shall be provided with one or (if the proper officials shall deem necessary) more outside fire escapes, not less than six feet in length and three feet in width, properly and safely constructed, guarded by iron railings not less than three feet in length and taking in at least one door and one window or two windows at each story and connected with the interior by easily accessible and unobstructed openings; and the said fire escapes shall connect by iron stairs not less than twenty-four inches wide, the steps to be not less than six inches tread, placed at not more than an angle of forty-five degrees slant and protected by a well-secured hand rail on both sides, with a twelve-inch wide drop ladder from the lowest platform reaching to the ground; that no outside fire escapes shall be required where there are already sufficient inside stairways; that for every twenty people employed on any floor above the second floor of every factory and workshop there shall be one rope or portable fire escape, and that each story shall be amply supplied with means for extinguishing fires; that all the main doors, both inside and outside, in factories, except fire doors, shall open outwardly when the proper official shall so direct, and that no outside or inside door of any building wherein operatives are employed shall be so locked, bolted or otherwise fastened during the hours of labor as to prevent egress.

Fire escapes.

Other provisions.

Means of

SEC. 5. * * * every building in which twenty or more persons are employed above the second story in a factory, workshop egress. or mercantile or other establishment, the owner or agent of the owner of which said buildings is notified in writing by the insurance commissioner or any one of his deputies, shall be provided with proper ways of egress or other means of escape from fire sufficient for the use of all persons * * * * employed

**

in such building or buildings, and such ways of egress and means of escape shall be kept free from obstructions, in good repair and ready for use. Every room above the second story in any such building in which twenty or more persons are employed shall be provided with more than one way of egress by stairways on the inside or outside of the building. All doors in any building subject to the provisions of this act shall open outwardly, if the insurance commissioner or one of his deputies shall direct in writing.

SEC. 6. The insurance commissioner is charged with the execution of this law, and the said commissioner or chief of the fire department are hereby vested with all privileges, duties and obligations placed upon them in section four, chapter fifty-eight, Public Laws of one thousand eight hundred and ninety-nine, in regard to the inspection of buildings for the purpose of enforcing the provisions of this act in regard to the buildings and requirements herein, and any owner or occupant of premises failing to comply with the provisions of this act in accordance with the orders of

Enforcement.

Violations.

Seats to be provided.

Violations.

Blacklisting forbidden.

Agreement to blacklist.

the authorities above specified shall be guilty of a misdemeanor and punished by a fine of not less than ten dollars nor more than fifty dollars for each day's neglect: Provided, however, That if any owner or lessee of any building referred to in this act shall deem himself aggrieved by any ruling or order of any chief of fire department or local inspector, he may within twenty-four hours appeal to the insurance commissioner, and the cause of complaint shall at once be investigated by the direction of said commissioner, and unless by his authority the order or ruling is revoked it shall remain in full force and effect and be forthwith complied with by said owner or lessee.

Ratified this the 6th day of March, A. D. 1909.

CHAPTER 857.-Seats for female employees.

SECTION 1. All persons, firms or corporations who employ females in a store, shop, office or manufacturing establishment, as clerks, operatives or helpers in any business, trade or occupation carried on or operated in the State of North Carolina, shall be required to procure and provide proper and suitable seats for all such females, and shall permit the use of such seats, rests or stools as may be necessary, and shall not make any rules, regulations or orders preventing the use of such seats, stools or rests when any such female employee or employees are not actively employed or engaged in their work in such business or employment. SEC. 2. If any employer of female help in the State of North Carolina shall fail, neglect or refuse to provide seats, as provided in this act, on or before the first day of June, one thousand nine hundred and nine, or shall make any rules, orders or regulations in his or its shop, store or other place of business requiring females to remain standing when not necessarily employed or engaged in service or labor therein, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court.

Ratified this the 8th day of March, A. D. 1909.

CHAPTER 858.-Blacklisting.

SECTION 1. If any person, agent, company or corporation, after having discharged any employee from his or its service, shall prevent or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent or corporation shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars, and such person, agent, company or corporation shall be liable in penal damages to such discharged person, to be recovered by civil action; but this section shall not be construed as prohibiting any person or agent of any company or corporation from informing, in writing, upon request, any other person, company or corporation to whom such discharged person or employee has applied for employment a truthful statement of the reason for such discharge.

SEC. 2. It shall be unlawful for two or more persons to agree together to blacklist any discharged employee or to attempt, by words or writing or any other means whatever, to prevent such discharged employee or any employee who may have voluntarily left the service of his employer from obtaining employment with any other person or company. Such persons violating the provisions of this section shall be guilty of a misdemeanor and shall be fined or imprisoned, or both, at the discretion of the court. Ratified this the Sth day of March, A. D. 1909.

NORTH DAKOTA.

ACTS OF 1909.'

CHAPTER 46.-Barbers-Regulations of practice.

SECTION 1. Registered barbers or barber apprentices, and all persons engaged in hairdressing and manicuring, must disinfect all tools used in the performance of their profession before they are brought in direct contact with the person of any one of their customers. This disinfection must be carried on in a manner approved by the board of health of the State of North Dakota. SEC. 2. Any violation of this act shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars.

Approved March 15, 1909.

CHAPTER 153.-Employment of children-General provisions.

Tools to be disinfected.

Violations.

Age limit.

Employment

term.

Files.

Enforcement.

SECTION 1. No child under fourteen years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, business office, telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service during school whatever, during any part of the term during which the public schools of the district in which the child resides are in session. SEC. 2. No child between fourteen and sixteen years of age Certificates. shall be employed, permitted or suffered to work in any mine, factory, workshop or mercantile establishment unless the person or corporation employing him procures and keeps on file and accessible to the superintendent of schools of the city or village, if one is employed, otherwise, to the clerk of the school board or board of education, an employment certificate as hereinafter prescribed, and keeps two complete lists of all such children employed therein, one on file and one conspicuously posted near the principal entrance of the building in which such child is employed. On termination of the employment of a child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or custodian. The superintendent of schools or clerk of the school board or board of education, as the case may be, may make demand on an employer in whose factory a child apparently under the age of sixteen years is employed or permitted or suffered to work and whose employment certificate is not then filed as required by this act, that such employer shall either furnish him within ten days evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such factory. The superintendent of schools of the city or village or clerk of the school board or board of education may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer shall fail to produce and deliver to the superintendent of schools of the city or village or the clerk of the school board or board of education, as the case may be, within ten days after such demand, such evidence of age herein required by him and shall thereafter continue to employ such child or permit or suffer such child to work in such factory, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this act that such child is under sixteen years of age and is unlawfully employed.

Evidence.