« ForrigeFortsett »
wages or earnings, by a duly chartered bank, by the payment in lawful money of the United States, to the amount of said paper, representing an amount due for wages or earnings, is a payment, and he, they or it shall, besides other requirements of law, pay into treasury of the Commonwealth 25 per centum on the face value of such orders, checks, dividers, coupons, pass-books, or other paper, representing an amount due for wages or earnings, not redeemed as aforesaid; and in case any person, firm, partnership, corporation, or association shall neglect or refuse to make report, required by this section, to the auditor general, on or before the first day of December of each and every year, such person, firm, partnership, corporation, or association, so neglecting or refusing, shall, besides other requirements of law, pay as a penalty into the State treasury twenty-five (25) per centum, in addition to the twenty-five (25) per centum tax imposed as aforesaid in this section, on the face value of all such orders, checks, dividers, coupon, pass-books, or other paper, representing an amount due for wages or earnings, not redeemed by paying the employee or a member of his family in lawful money of the United States, within said thirty (30) days, by the person, firm, partnership, corporation, or association making, giving, or issuing the same; the honoring of paper, representing wages or earnings, by a bank is a sufficient payment: Provided, This act shall not apply to tools and blasting material, and other mine supplies, furnished by the employer to the employee, used by the employee at or about the employee's vocation; "nor to coal sold by the employer to the employee, nor to rent for houses leased from the employer and occupied by the employee:” And provided further, That this act shall not apply to moneys paid to the treasurers of the employees about coal mines, who have agreed to have a pro rata part of their earnings paid by the operator to such treasurers, who are to pay check-weighmen or check-measurers.
SEC. 2. All acts or parts of acts inconsistent herewith are hereby repealed.
ACTS OF 1901.
CHAPTER 809.--State officers, etc.
SECTION 12. Section 3 of chapter 68 of the General Laws is hereby amended so as to read as follows:
Section 3. There shall be two factory inspectors, one of whom shall be a woman. The factory inspectors in office at the passage of this act shall continue to hold their offices for the remainder of the terms for which they were respectively appointed. At the January session of the general assembly in the year A. Ď. 1903, and in each third year thereafter, the governor, with the advice and consent of the senate, shall appoint two persons to be factory inspectors to succeed the factory inspectors then in office; and the persons so appointed shall hold their offices until the first day of February in the third year after their appointment.
Any vacancy which may occur in said offices 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 of the senate, appoint some person to fill such vacancy for the remainder of the term. The said inspectors shall be empowered to visit and inspect, at all reasonable hours and as often as practicable, the factories, workshops, and other establishments in the State employing women or children, and shall make a report to the general assembly at its January session in each year, including in said report the names of the factories, the number of such hands employed, and the number of hours work performed each week. It shall also be the duty of said inspectors to enforce the provisions of this chapter and to prosecute all violations of the same before any court of competent jurisdiction in the State. The said inspectors shall devote their whole time and attention to the duties of their respective offices. In case of any conflict of authority between the said inspectors, either of them may apply for instructions to the governor, whose decision of the controversy, after hearing the statement of each inspector and making such further investigation of the circumstances as he may deem necessary, shall be final.
SEC. 13. Section 1 of chapter 70 of the General Laws is hereby amended so as to read as follows:
Section 1. There shall be a commissioner of industrial statistics who shall perform the duties enumerated in this chapter and such others as are or may be from time to time provided by law. The person holding that office at the passage of this act shalı continue to hold the same for the remainder of the term for which he was appointed. At the January session of the general assembly in the year A. D. 1901, and in every second year thereafter, the governor, with the advice and consent of the senate, shall appoint some person to be commissioner of industrial statistics to succeed the person then holding such office; and the person so appointed shall hold his office until the first day of 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 of the senate, appoint some person to fill such vacancy for the remainder of the term. The commissioner of industrial statistics shall be ex-officio superintendent of the census of the State and shall perform the duties prescribed in chapter sixty-nine, 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 of labor and business in all mechanical, manufacturing, commercial, and other industrial business of the State, and especially in relation to the social, educational, and sanitary condition of the laboring classes, with such suggestions as he may deem to be proper for the improvement of their condition and the bettering of their advantages for intellectual and moral instruction, together with such other information as he may deem to be useful to the general assembly in the proper performance of its legislative duties in reference to the subjects in regard to which he is required to report
Passed January 29, 1901.
CHAPTER 841.- Exemption from execution, etc.— Wages.
SECTION 1. Clause 12 of section 5 of chapter 255 of the General Laws as amended by chapter 751 of the Public Laws, passed May 4, 1900, is hereby amended so as to read as follows:
Clause 12. The salary or wages due or payable to any debtor not exceeding the sum of ten dollars, except when the cause of action is for necessaries furnished the defendant, in which case costs shall in whole or in part or not all be allowed in the discretion of the court.
SEC. 2. This act shall take effect on and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.
Passed March 28, 1901.
CHAPTER 921.–Factories and workshops-Elevators.
SECTION 1. Section 16 of Chapter 108 of the General Laws shall be amended so as to read as follows:
Section 16. All hoistway and elevator openings through floors where there is no shaft shall be protected by sufficient railings, gates, trapdoors or, other mechanical devices equivalent thereto, and the same shall be kept closed in the night time or when not in use. Every passenger elevator, except plunger-elevators, shall be provided with some safety arrangement to prevent falling, and every passenger elevator shall be fitted with some mechanical device to prevent the elevator car from being started until the door or doors opening into the elevator shaft are closed; and no person under the age of eighteen years shall take charge of or operate any passenger elevator. Every person using or operating any elevator contrary to the provisions of this and the preceding section shall be fined not less than fifty nor more than one hundred dollars for each day that the same shall be so used or operated.
SEC. 2. This act shall take effect on and after the first day of January, A. D. 1902, and all acts and parts of acts inconsistent herewith are hereby repealed.
Passed November 22, 1901.
ACTS OF 1901.
Act No. 374.—Convict labor—Chain gangs.
SECTION 1. The authorities governing any city, town or village situated in counties where county chain gangs do not exist, if they see fit so to do, may establish and operate a chain gang for the purpose of working the streets of such city, town or village, and the public roads leading into such city, town or village.
SEC. 2. All able-bodied male persons convicted before the court of magistrates in counties where no county chain gang exists, shall be sentenced according to law, to work upon the chain gang established under this act, by the city, town or village nearest the office of the magistrate sentencing such person.
SEC. 3. All able-bodied male persons convicted before the court of general sessions of counties not having county chain gangs, who are sentenced for a period of one year or less, shall be sentenced to work upon some one of the chain gangs established under this act.
SEC. 4. If after the passage of this act, any county which has not already established a county chain gang, should hereafter establish a county chain gang, then this act shall not apply to such county. And if after the passage of this act any county should abandon the county chain gang, then and in that event this act shall immediately become operative and of full force and effect as to such county so abandoning the county chain-gang system.
Sec. 5. All acts and parts of acts inconsistent with this act are hereby repealed. Approved the 19th day of February, A. D. 1901.
Act No. 378.—Convict labor on public roads, etc. SECTION 1. From and after the passage of this act, the superintendent and directors of the State penitentiary are hereby authorized and required to hire out to such of the several counties of this State, as may desire them, all able-bodied male convicts to hard labor in said institution to work on the public high ways or the sanitary drainage in said counties as can be spared from the State farms, and departments connected with the State penitentiary, and the convicts sentenced to hard labor in the State penitentiary shall not be hired out for farming purposes, and when hired out to the counties as aforesaid, the compensation for their services shall be at the rate of four dollars per month, with board, lodging, clothing and medical attendance: Provided, That nothing herein contained shall apply to contracts now in force.
Approved the 21st day of February, A. D. 1901.
Act No. 405.—Rights and remedies of employees on street railways.
SECTION 1. On and after the passage of this act, every employee of any street railway doing business in this State shall have the same rights and remedies for an injury suffered by any person from the acts of omission of said corporations, or its employees, as are provided by the constitution for employees of railroad corporations.
Approved the 20th day of February, A. D. 1901.
Act No. 432.--Payment of wages in scrip.
SECTION 1. It shall not be lawful for any corporation, person or firm in this State to issue, pay out or circulate for payment of the wages of labor, any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, unless the same is negotiable and redeemable at its face value, without discount, in cash or in goods, wares or merchandise or supplies, at the option of the holder, at the store or other place of business of such firm, person or corporation, or at the store of any other person on whom such paper may be drawn, where goods, wares or merchandise are kept for sale, sold or exchanged, and the person who, or corporation, firm or company, which may issue any such order, check, memorandum, token or other evidence of indebtedness, sball, upon presentation and demand, within thirty days from date of delivery thereof, redeem the same in goods, wares, merchandise or supplies at the current cash market price for like goods, wares, merchandise or supplies, or in lawful money of the United States, as may be demanded by the holder of any such order, memorandum, token or other evidence of indebtedness: Provided, That if said corporation, person or firm engaged as specified in this section have a regular pay day once in every thirty days, then said corporation, person or firm shall not be required to redeem such token or evidence of indebtedness in cash until the first pay day after the same becomes payable, as herein provided, and such token or evidence of indebtedness shall be presented for payment in cash only on such pay days: Provided, That the provisions of this act shall not apply to agricultural contracts or advances made for agricultural purposes.
SEC. 2. Any officer or agent of any corporation or any person, firm or company engaged in the business of manufacturing or mining in this State, who by themselves or agent shall issue or circulate in payment for wages of labor any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, without being negotiable and payable at the option of the holder in goods, wares, merchandise, supplies or lawful money of the United States, as required by section 1 of this act, or who shall fail to redeem the same when presented for payment within thirty days from date or delivery thereof, by the said company or its agent, at his or their office or place of business, in lawful money of the United States, or who shall compel or attempt to coerce any employee of any such corporation, shall forfeit to the employee fifty dollars to be recovered in any court of competent jurisdiction.
Sec. 3. This act shall take effect immediately upon its approval by the governor, and all acts and parts of acts inconsistent with this act are hereby repealed.
Approved the 20th day of February, A. D. 1901.
ACTS OF 1901.
CHAPTER 113—CHAPTER VII.
Employment of children.
SECTION 3. No child between eight and fourteen years of age shall be employed in any mine, factory or workshop or mercantile establishment, or, except by his parent or guardian, in any other manner during the hours when the public schools in the city, town, village or district, are in session unless the person, firm or corporation employing him shall first procure a certificate from the superintendent of the schools of the city, town or village, if one be employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as provided in section 1 of this article; and it shall be the duty of such superintendent or clerk to furnish such certificate upon application of the parent, guardian or other person having control of such child, entitled to the same. Every owner, superintendent or overseer of any mine, factory, workshop, or mercantile establishment, and any other person who shall employ any child between eight and fourteen years of age contrary to the provisions of this article, shall be deemed guilty of a misdemeanor, and for every such offense shall upon conviction thereof, be fined not less than ten ($10) dollars nor more than twenty ($20) dollars and costs.
Approved March 5, 1901.
ACTS OF 1901.
CHAPTER 8.—Hours of labor on public roads.
* It is hereby declared that eight hours shall constitute a day's
CHAPTER 34.—Employment of children-Age limit. SECTION 1. Chapter 159 of the Acts of 1893, is hereby amended so as to read as follows:
That it shall be unlawful for a proprietor, foreman, owner or other person to employ any child less than 14 years of age in any workshop, factory or mine in this State; that unless said proprietor, foreman or owner shall know the age of the child, it shall be his or their duty to require the parent or guardian to furnish a sworn statement of its age, and any swearing falsely to such by the parent or guardian shall be perjury and punishable as such.
That any proprietor, foreman or owner employing a child less than 14 years of age in conflict with the provisions of this act, except where such proprietor, foreman or owner has been furnished with a sworn statement of guardian or parent, that the child is more than 14 years of age, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $25 and not more than $250.
That the grand jury shall have inquisitorial powers to investigate violations of this act, and that judges of the circuit and criminal courts of the State shall specially charge the grand jury at the beginning of each term of the court to investigate violations of this act.
SEC. 2. This act [shall] take effect from and after its passage, the public welfare requiring it.
Passed April 5, 1901. Approved April 10, 1901.
CHAPTER 37.- Mine regulations— Examination, licensing, etc., of mine foremen and
assistants. SECTION 1. It shall be unlawful, neither shall it be permitted for any person or persons to act as mine foremen, or assistant mine foremen, of any coal mine of this State unless they are registered as a holder of a certificate of qualification under this act.
SEC. 2. A certificate of qualification to mine foremen, and assistant mine foremen shall be granted by the secretary of state to every applicant who may be reported by the examiners, as hereinafter provided, as having passed a satisfactory examination and given satisfactory evidence of at least five (5) years' practical experience as a miner, and of good conduct, capability and sobriety. The certificates shall be in manner and form as shall be prescribed by the secretary of state, and a record of all certificates issued shall be kept in his department.
SEC. 3. For the purpose of examination of candidates for such certificates a board of examiners shall be appointed, to consist of the commissioner of labor and mine inspector, who shall act as ex-officio and be chairman of said board, one practical miner and one owner, operator or superintendent of a mine; said miner and owner, operator or superintendent shall be appointed by the governor for two years.
Meetings of said board may be held at any time, and they may make such rules and conduct such examinations as in their judgment may seem proper, for the purpose of such examination. Place of holding such examination shall be as nearly as possible the center of the mining region of the State. Said board shall report their action to the secretary of state, and at least two (2) of the members thereof shall certify to the qualification of each candidate, who passes such examination. The traveling expenses of said miner, and owner, operator or superintendent of the board, together with four dollars for each day they are actually engaged therein, not to exceed twenty (20) days in all during the two years, shall be paid by the State upon the certificate of the chairman of said board, who shall act without extra pay, but in no case can said members draw more money for their work than is collected as fees and paid into the treasury by said board.
SEC. 4. Said certificates shall contain the full name, the age and place of birth of the applicant, as also the length and nature of his previous service in or about the coal mines, and the secretary of state shall keep a record in his department of all certificates issued.
SEC. 5. Before certificate, as aforesaid, shall be granted, the applicants for same shall pay to the board of examiners the following sum as fee, namely: Two dollars for examination, to be paid before examination; one dollar for registration of certificate, and one dollar for certificate. All fees so collected shall be paid by the chairmen of said board, with the treasurer of the State.
SEC. 6. No mine shall be operated for a period longer than thirty (30) days without such certified mine foreman. The owner, operator or superintendent thereof shall be subject to a fine of twenty dollars per day for each day after the said thirty (30) days, during which the said mine is operated.
Sec. 7. In case of the loss or destruction of a certificate the secretary of state may supply a copy thereof to the person losing same, upon the payment of the sum of fifty cents; Provided, It shall be shown to the satisfaction of the secretary that the loss has actually occurred.
SEC. 8. If any person or persons shall forge or counterfeit a certificate, or knowingly make or cause to be made any false statement in any certificate, under this act, or in any official copy of the same, or shall urge others to do so, or shall utter or use any such forged or false certificate or unofficial copy thereof, or shall make, give, utter, produce, or make use of any false declaration, representation or statement in any such certificate or copy thereof, or any document containing the same, he, or they, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than two hundred dollars or imprisoned for a term not exceeding six months, nor less than three months, or both, at the discretion of the court.
SEC. 9. Any person who shall act as mine foreman, or assistant mine foreman, for a period of more than thirty days, without being the holder of a certificate, as herein provided, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than fifty dollars and imprisonment at the discretion of the court.
Sec. 10. This act [shall] take effect on and after the first day of September, 1901, the public welfare requiring it. Passed April 9, 1901. Approved April 20, 1901.
CHAPTER 69.—Protection of street railway employees—Inclosed platforms. SECTION 1. Street car companies operating street cars by electricity, by cable, by horse power, or by any other motive power requiring the operator to be on the front of