ter's business; or who, being authorized to purchase or contract for materials, supplies or other articles or to employ servants or labor for his principal, employer or master, shall ask or receive, directly or indirectly, for himself or another, a commission, discount, bonus or promise thereof from any person with whom he may deal in relation to such matters, shall be guilty of a gross misdemeanor.

SEC. 439. Every employee of a public house or public service corporation who shall solicit or receive any gratuity from any guest shall be guilty of a misdemeanor.

Waiters.

SEC. 440. Every person giving any such gratuity mentioned in Tipping. section 439 shall be guilty of a misdemeanor.

Approved March 22, 1909.

WEST VIRGINIA.

ACTS OF 1909.

CHAPTER 74.-Protection of employees on street railways.

SECTION 1. Chapter eight of the acts of one thousand nine hundred and one, entitled: "An act making provisions for the protec tion of street-car employees from the inclemencies of the weather," [shall] be amended and reenacted so as to read as follows:

Section 1. From and after the first day of November, in the year Inclosed vesof our Lord one thousand nine hundred and nine, it shall be un- tibules.

lawful for any person, partnership or corporation, owning or operating a street railway in this State, or for any officer or agent thereof having charge or control of the management of such line of railway, or the cars thereof operating electric, cable or other cars propelled either by steam, cable or electricity, which requires the constant services, care or attention of any person or persons upon the platforms of any such car, to require or permit such services, attention or care, of any of its employees, or any other person or persons, unless such person, partnership or corporation, its officers or superintending or managing agents, have first provided the platforms of said cars with a proper and sufficient enclosure constructed of wood, iron, glass or similar suitable material, sufficient to protect such employees from exposure to the winds and inclemencies of the weather.

Sec. 2. And any person, partnership or corporation, owning, Violations. operating, superintending or managing any such line of street railway, or managing or superintending officer or agent thereof, who shall be found guilty of a violation of the provisions of this act, shall be found guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars. Each day that said person or persons, partnership or corporation, cause any of their said employees to operate such car or cars in violation of the aforesaid provisions of this act, or cause a car or cars to be used or operated in violation of this act. shall be deemed a separate offense: Provided, That the provisions of this act shall not apply to cars used and known as trailing cars.

Sec. 3. It is hereby made the duty of the prosecuting attorney Enforcement. of the county in which any such street railway is situated and operated, upon information given him by any creditable person or persons, or upon knowledge that he may possess, that any person, partnership or corporation, has violated any of the provisions of this act, to promptly prosecute such person, members of such partnership or corporation, for such violation.

Approved by the governor February 19, 1909.

20092-- No. 85-10-23

WISCONSIN.

ACTS OF 1909.

[Arranged under section numbers as of Annotated Statutes

of 1898.]

Fire escapes on factories.

*

Required on SECTION 1636-4. Every person or corporation owning, occupywhat buildings. ing, or controlling any building now or hereafter used, in whole or in part, as a public building, and every factory, workshop or other structure three or more stories high, in which ten or more persons are employed above the ground floor, at any kind of labor, shall provide and keep connected with the same one or more good and substantial metallic or fireproof ladders, stairs or stairways, ready for use at all times, reaching from the cornice to the top of the first story and placed on the outside thereof in such position and number as may be designated by the chief of the fire department or fire marshal of the city or village in which such structure is situated, or by the state Construction. factory inspector, and at each story above the first a wroughtiron balcony in connection with such ladder, such balcony to be substantially attached to the structure, and of such length as to permit of access to it from two or more windows on each story, and of sufficient size to furnish reasonable means of escape to the persons therein from each and every floor or story above the first; and in all cities and villages where there is a water supply, either from waterworks, fire engines, or pumping station, there shall be attached to such fire escapes, except on structures equipped with automatic sprinklers, a three-inch wrought-iron Standpipes. standpipe extending from a point within five feet from the ground to a point three feet above the roof or cornice, and on the roof shall be attached a two and one-half inch angle hose valve, with male hose connection and a double or Siamese "Y" female hose connection at the base of the pipe, the threads of which shall conform to the size and pattern used by the fire department where the structure is located. Any such person or corporation who shall fail, for three months after the receipt of notice in writing, stating the substance of the provisions of this section, from such chief, marshal, or inspector to provide and keep such means of escape or such standpipe shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not more than thirty days.

Sanitation.

Protective

floors.

Guards required.

Inspection of bakeries.

[SECTION 1636-61 is amended by striking out the prohibition as to the construction of a floor in bakery and confectionery establishments more than eight feet below the level of a street, sidewalk, or adjacent ground. Painting once in two years and scrubbing once in six months is directed as an alternative to the whitewashing of the walls and ceiling once in six months. In the second subdivision the handling of, caring for, and the preparation of food in an unclean manner is prohibited.]

Protection of employees on buildings.

[SECTION 1636-83 is amended by requiring protective floors in fireproof construction to be kept within one tier of beams of the place of work instead of three, as before; and in other construction, within one story instead of two.]

Guards for dangerous machinery-Corn shredders.

SECTION 1636-131. No person, firm or corporation shall sell, offer or expose for sale any machine to be operated by steam or

other power, for the purpose of husking or shredding corn or cornstalks unless the said machine shall be provided with reasonable safety devices for the protection from accidents from the snapping rollers and husking rollers, and shall be so guarded that the person feeding said machine shall be compelled to stand at a reasonably safe distance from the snapping rollers.

SEC. 1636-131m. No person, firm or corporation shall use, op- Competent erate or permit to be used or operated any such machine pur- quired. oversight rechased prior to the passage and publication of this act unless during all the time such machine shall be used and operated it shall be in charge of a competent person whose sole duty shall be to oversee and attend to the operation and use of the same.

SEC. 1635-134 [1636–134]. Any such person, firm or corporation who shall violate any of the provisions of this act shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars for each offense.

Guards for dangerous machinery-Wood-sawing machines.

Violations.

Guards re

SECTION 1636–136. No person, firm or corporation shall offer or expose for sale any machine for the purpose of sawing wood unles quired. [unless] the said machine shall be provided with reasonable safety devices for the protection from accidents from saws, gears, knuckles, belts, set screws or other dangerous parts.

SEC. 1636-137. It shall be unlawful for any person, firm or corporation owning such machine to use, operate or permit to be used or operated any such machine while the safety devices or guards are detached.

SEC. 1636-138. Any such person, firm or corporation who shall violate any of the provisions of this act shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars for each offense.

SEC. 1636-139. Upon complaint to the commissioner of labor, factory inspector or assistant inspector, it shall be his duty to enforce the provisions of this act.

Not to be detached while in use.

Violations.

Enforcement.

Safety appliances on street railways.

SECTION 1636q. 1. Every person, partnership, or corporation What cars to owning or operating a street or interurban car line shall provide have brakes. and equip each and every motor car weighing over forty thousand pounds net or empty weight, used for the transportation of passengers or freight, and added to the service from and after the passage of this act, with air brakes of modern design, to be approved by the railroad commission.

2. Nothing herein contained shall limit or restrict the power of the railroad commission to order air brakes upon other cars. 3. Any such corporation neglecting or refusing to comply with any of the foregoing provisions shall forfeit and pay a penalty to the State of not less than twenty-five dollars nor more than one hundred dollars, and each day's operation of one or more cars in violation of this act shall be considered a separate offense.

Employment of children-General provisions.

Construction

of act.

Violations.

Permits

re

[SECTION 1728a, subdivision 1, is amended by inserting the words "or at any gainful occupation, directly or indirectly," following quired for employment. the list of occupations for which a permit must be obtained. A provision is inserted requiring a written and signed recommendation of the school principal where the child attended school or the clerk of the board of education of the district, if there was no principal, before an employment certificate can be issued. The words "register of probate" are stricken out wherever they occurred in subdivisions 1, 4, 5 and 6. The exemption in subdi- Farming excepted. vision 4, covering farming or other outdoor occupation not dangerous to life or limb, is amended by striking out all after the word "farming."

Public per

SEC. 1728a-1 is amended so as to prohibit singing or performformances. ing in a circus, theatrical exhibition, etc., except on the permission already provided for in the law. The words " for pay" are stricken out, and nonresident children are required to secure the same permit as are children who are residents of the State.

Enforcement.

Perishable

goods.

Delivery newspapers.

SEC. 1728b is amended by naming in the first subdivision the truant officer as one of the persons to whom the register of children employed must be open for inspection. The words "or register of probate" are sticken out in the last line of this section. SEC. 1728c, prohibiting night work, is amended by striking out the words except in cases where it is necessary to save perishable goods from serious damage." The proviso as to children of carrying newspapers permits such employment between the hours of three-thirty and seven p. m. for children from twelve to sixteen years of age, and between the hours of four-thirty and seven a. m. for children between fourteen and sixteen years of age.

SEC. 1728d is amended by the addition of truant officers to the force that is authorized to visit and inspect places where children are employed. The factory inspector and assistant factory inspector are also given the power of truant officers for the enforce ment of the laws relating to school attendance. This group of officials is charged with the enforcement of all the statutes of the State regulating or relative to child labor.

SEC. 1728g is amended by striking out all after the word "wages" in the last line but one.

SEC. 1728h is amended by inserting the words "or truant officers " after the words "assistant factory inspectors." The second subdivision of this section is amended by striking out the word "above" in the second line.

SEC. 1728i is amended by inserting the words "at any gainful occupation directly or indirectly," after the word employed" in the second line.]

Employment of children in street trades.

SECTION 1728p. No boy under the age of ten years and no girl under the age of sixteen years shall in any city of the first class distribute, sell or expose or offer for sale newspapers, magazines or periodicals in any street or public place.

SEC. 1728q. No boy under twelve years of age, shall, in any city of the first class, work at any time or be employed or permitted to work at any time as a bootblack or in any other street trade or shall sell or offer any goods or merchandise for sale or distribute handbills or circulars or any other articles, except newspapers, magazines or periodicals as hereinafter provided.

SEC. 1728г. No girl under sixteen years of age shall in any city of the first class work at any time or be employed or permitted to work at any time as a bootblack or at any other street trades or in the distribution of handbills or circulars or any other articles upon the street or from house to house.

SEC. 1728s. No boy under fourteen years of age shall, in any city of the first class, distribute, sell or expose or offer for sale any newspapers, magazines or periodicals in any street or public place or work as a bootblack or in any other street or public trade or sell or offer for sale or distribute any handbills or other articles unless he complies with all the legal requirements concerning school attendance and unless a permit and badge, as hereinafter provided shall have been issued to him by the state factory inspector, or assistant factory inspector, or the county judge, municipal judge, or judge of a juvenile court of the county where such child resides. No such permit and badge shall be issued until the officer issuing the same shall have received an application in writing therefor signed by the parent or guardian or other person having the custody of the child desiring such permit and badge and until such officer shall have received, examined and placed on file the written statement of the principal or chief executive officer of the public, private or parochial school which

the said child is attending, stating that such child is an attendant at such school with the grade such child shall have attained and provided that no such permit and badge shall be issued unless such officer issuing it is satisfied that such child is mentally and physically able to do such work besides his regular school work as required by law: And provided further, That in case of the illness or absence of any boy, who shall belong to the regular delivery or distributing force of any newspaper at the time when such delivery or distribution of newspapers is to be made, if there shall be no other boy, who has a permit and badge, as provided herein, ready to make the delivery and distribution, such delivery and distribution may be made for a period which shall not exceed seven days, by any other boy over the age of ten years, who shall have complied with all the other requirements of this act, but who has not obtained a permit and badge as required herein, upon written authority signed by the circulation or business manager of such newspaper or their authorized representative.

SEC. 1728t. Before any such permit shall be issued, the said Evidence. state factory inspector, assistant factory inspector, or the county judge, municipal judge, or judge of a juvenile court of the county where such child resides, shall demand and be furnished with proof of such child's age by the production of a verified baptismal certificate or a duly attested birth certificate or, in case such certificates can not be secured, by the record of age stated in the first school enrollment of such child, and, if such proof does not exist or can not be secured, then by the production of such other proof as may be satisfactory to the officer granting said permit. Whenever it appears that a permit was obtained by wrong or false statements as to any child's age, the officer who granted such permit shall forthwith revoke the same. After having received, examined and placed on file such papers, the officer shall issue to the child a permit and badge. The principal or chief executive officer of schools in which children under fourteen years of age are pupils shall keep a complete list of all children in their school to whom a permit and badge has been issued, as herein provided.

SEC. 1728u. Such permit shall state the place and date of birth of the child, the name and address of its parent, guardian, custodian or next friend as the case may be, and describe the color of hair and eyes, the height and weight and any distinguishing facial marks of such child, and shall further state that the papers required by the preceding section have been duly examined and filed; and that the child named in such permit has appeared before the officer issuing the permit. The badge furnished by the officer issuing the permit shall bear on its face a number corresponding to the number of the permit, and the name of the child. Every such permit, and every such badge on its reverse side, shall be signed in the presence of the officer issuing the same by the child in whose name it is issued.

Permit to state, what.

Badge to be

SEC. 1728v. The badge provided for herein shall be worn conspicuously at all times by such child while so working; and all displayed. such permits and badges shall expire annually on the first day of January. The color of the badge shall be changed each year. No child to whom such permit and badge are issued shall transfer the same to any person nor be engaged in any city of the first class as a newsboy, or distribute, sell or expose or offer for sale newspapers, magazines or periodicals in any street or public place or be employed as a bootblack or in any street trade or distribute handbills without having conspicuously upon his person such badge, and he shall exhibit such badge upon demand at any time to any factory inspector and to any police or truancy officer.

Night em

SEC. 1728w. No boy under fourteen years of age shall, in any city of the first class, sell, expose or offer for sale any newspapers, ployment. magazines or periodicals after the hour of ten o'clock in the evening, or before six o'clock in the morning; and no such boy shall be employed as a bootblack or in any other street trades or distribute handbills between the hours of seven o'clock in the