devolving upon said board, under the provisions hereof. [G. S. 1915, § 10328.] § 52. Compensation of members of board; traveling expenses; payment of such amounts; no claim to be made against the state. Each member of said board shall receive a compensation of five dollars per day for his service, and such traveling expenses as may have been necessarily incurred in the proper discharge of his duties, and shall be paid out of any money in the hands of the treasurer of said board: Provided, That no charge or claim shall be made against the state for any such service rendered or expense incurred. [G. S. 1915, § 10329.] § 53. Board to report quarterly to the governor; money in excess of five hundred dollars to be paid over to state treasurer for public schools. Said board shall report quarterly to the governor of the state a full statement of the receipts and disbursements of the board, beginning April 1, 1913, and a full statement of its doings and proceedings and such recommendations as it may deem proper, looking to the better carrying out of the intent and purposes of this act. Any money in the hands of the treasurer of said board at the time of making such report, in excess of five hundred dollars, shall be paid over to the state treasurer for the maintenance if [of] the public schools of the state. [G. S. 1915, § 10330.] § 54. Board to hold public examinations; publication of notice of such meetings. Such board shall hold public examinations at least four times in each year, at such times and places as it may deem advisable, notice of such meetings to be given by publication thereof, in at least two newspapers published in this state, at least ten days prior to such meetings. [G. S. 1915, § 10331.] § 55. Persons engaged in occupation of barber April 30, 1913, to file affidavit, etc.; fee; issuance of certificate of registration; annual renewal of certificate; fee; fee for every license and certificate issued. Every person now engaged in the occupation of barber in this state shall, within ninety days after approval of this act, file with the secretary of said board an affidavit, setting forth his name, residence and the length of time and the place where he has practiced such occupation, and shall pay to the treasurer of said board one dollar; thereupon a certificate of registration, entitling him to pursue such avocation during the calendar year ending December thirty-first, and each such barber, thirty days prior to the expiration of their respective certificate, shall make application for the renewal of the same, stating the number of expiring certificate, and shall in each case pay to the treasurer of said board the sum of one dollar therefor. For any and every license or certificate given or issued by the board a fee of one dollar shall be paid by the person receiving the same. [G. S. 1915, § 10332.] § 56. Application by persons desiring to pursue occupation of barber; fee; qualifications of applicant; examination; issuance of certificate of registration; board to be judges concerning barber schools and colleges; persons making application allowed to practice until next regular examination by board; permit; extension of permit for good cause. Any person not following the occupation of a barber at the time of the taking effect of this act, desiring to pursue such occupation in this state, shall make application to said board therefor, and shall pay to the treasurer of said board an examination fee of five dollars, and shall present himself at the then next regular meeting of the board, for the examination; whereon said board shall proceed to examine such person and, being satisfied that he is above the age of nineteen years, of good moral character, free from contagious or infectious diseases, has either studied the trade for one year as an apprentice, under a qualified and practicing barber, or studied the trade for at least one year in a recognized barber school or college, under instructions of a qualified barber, or practiced the trade in another state for at least one year, and is possessed of the requisite skill in such trade to properly perform all of the duties thereof, including his ability in shaving, hair cutting, preparation of tools, and all duties and services incident thereto, and is possessed of sufficient knowledge concerning the common diseases of the face and skin, to avoid the aggravation and spreading thereof, shall enter his name in the register hereinafter provided for, and shall issue to him a certificate of registration, authorizing him to practice said trade in this state: Provided, That whenever it appears that applicant has acquired his knowledge of said trade in a barber school or college the board shall be judges of whether said barber school or college is properly appointed and conducted to give sufficient training in such trade. All persons making such application for examination under the provisions of this act shall be allowed to practice the occupation of barbering until the meeting for the next regular examination by the said board, and no longer, and the secretary shall give him a permit to do so: Provided, however, That such time may be extended by the board for good cause shown. [G. S. 1915, § 10333.] § 57. Act not to prevent person serving as apprentice under license issued by board nor from attending school or college teaching trade. Nothing in this act shall prohibit any person from serving as an apprentice in such trade under license issued by the board, under a barber authorized to practice, nor from attending as a student in any schood or college teaching such trade. [G. S. 1915, § 10334.] § 58. Board to furnish card or certificate bearing seal of board, etc.; holder of card, etc., to post same in conspicuous place in front of working chair; board to keep register of persons to whom certificates, permits, etc., issued; inspection of record; revocation of licenses; grounds for revocation; notice and opportunity for hearing and production of testimony; reissuance of certificate or permit; application. Said board shall furnish to each person to whom a certificate of registration is issued a card or certificate, in such form as it shall adopt, bearing the seal of the board and the signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in this state, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair where it may be readily seen by all persons whom he may serve. Said board shall keep a register, in which shall be entered the names of all persons to whom certificates are issued, and to whom permits for serving apprenticeship, or as students, under the provisions of this act, and said register shall, at all times, be open to public inspection. Said board shall have power to revoke any certificate of registration granted by it under this act, for habitual drunkenness, gross incompetency, failure or refusal to properly provide or guard against contagious or infectious disease, or the spreading thereof, in the practice of the occupation aforesaid, violation of the rules of the board, or for any extortion or overcharge practiced: Provided, That before any certificate or permit shall be revoked the holder thereof shall have notice in writing of the charge or charges against him and shall, at a day specified in said notice, at least five days after the service thereof, be given a public hearing on said charge by said board, and full opportunity to produce testimony in his behalf and to confront the witnesses against him. Any person, firm or corporation whose certificate or permit has been revoked may, after the expiration of ninety days, apply to have the same reissued, upon a satisfactory showing that the disqualification has ceased. [G. S. 1915, § 10335.] § 59. Penalty for practicing occupation of barber without certificate, employing person without certificate, failing to keep certificate, etc., displayed, failing to comply with sanitary rules or for violation of act. Any person practicing the occupation of barber without having obtained a certificate of registration as provided in this act, or knowingly employing a person to serve as barber, who has not such certificate, or failing to keep the certificate, card or permit mentioned in this act properly displayed, or failing to comply with such sanitary rules as the board, in conjunction with the state board of health, prescribes, or for the violation of the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, they shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than ninety days, or both such fine and imprisonment. [G. S. 1915, § 10336.] CHAPTER 6.-BLACKLISTING, ETC. $60. Employer not to prevent or attempt 62. Penalty for violation of this act. §63. Liability of employer to party injured where employer found guilty of violation of act; attorney fee taxed as part of costs. 64. Laws of 1897, ch. 120, and Laws of 1903, ch. 222, declared unconstitutional and void. LAWS OF 1897, CH. 144. AN ACT to prevent blacklisting by employers of labor, providing penalties therefor, and for the recovery of damages. § 60. Employer not to prevent or attempt to prevent discharged employee from obtaining employment from other person, company, etc. Any employer of labor in this state, after having discharged any person from his service, shall not prevent or attempt to prevent by word, sign or writing of any kind whatsoever any such discharged employee from obtaining employment from any other person, company or corporation, except by furnishing in writing, on request, the cause of such discharge. [G. S. 1915, § 5949.] § 61. Cause of discharge to be furnished; provision held unconstitutional and void. [The provision of this section, "that any employer of labor in this state shall, upon the request of a discharged employee, furnish in writing the true cause or reason for such discharge," was declared unconstitutional and void by the supreme court of Kansas in the case of Railway Co. v. Brown, 80 Kan. 312.] § 62. Penalty for violation of this act. Any employer of labor, his agent or employee, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be fined for each offense the sum of one hundred dollars, and thirty days' imprisonment in the county jail. [G. S. 1915, § 5951.] § 63. Liability of employer to party injured where employer found guilty of violation of act; attorney fee taxed as part of costs. Any person, firm or corporation found guilty of the violation of sections one and two of this act, shall be liable to the party injured to an amount equal to three times the sum he may be injured, and such employers of labor shall also be liable for a reasonable attorney fee, which shall be taxed as part of the costs in the case. [G. S. 1915, § 5952.] LAWS OF 1897, CH. 120, AND LAWS OF 1903, CH. 222. § 64. Laws of 1897, ch. 120, and Laws of 1903, ch. 222, declared unconstitutional and void. [Laws of 1897, ch. 120, made it unlawful to discharge an employee because he belonged to a lawful labor organization, and provided for the recovery of damages for such discharge. The act was declared unconstitutional and void in the case of Brick Co. v. Perry, 69 Kan. 297.] [Laws of 1903, ch. 222, made it unlawful to coerce, require, demand or influence person to enter into any agreement not to become or remain a member of any labor organization or association as a condition of securing employment or continuing in employment, and provided a penalty for the violation of the provisions of the act. This act was held, by the supreme court of Kansas, to be valid and to violate no constitutional right, in the case of The State v. Coppage, 87 Kan. 752. On appeal to the supreme court of the United States the decision was reversed and the act declared unconstitutional and void, in the case of Coppage v. Kansas, 236 U. S. 1.] CHAPTER 7.-CHAIRS, ETC., FOR WOMEN AND GIRLS. $65. Employers of Women and girls as clerks or help to furnish chairs, stools, etc., for use of such employees when not actively engaged. $66. Penalty for violation of preceding section. LAWS OF 1901, CH. 187. AN ACT requiring proprietors, managers and persons having charge of establishments or places where women or girls are employed to provide chairs, stools or other contrivances for the seating of such employees, and to permit them to use the same for rest when not actively engaged in duties inconsistent with such requirement, and providing penalties for the violation thereof. § 65. Employers of women and girls as clerks or help to furnish chairs, stools, etc., for use of such employees when not actively employed. The proprietor, manager, or person having charge of any mercantile establishment, store, shop, hotel, restaurant or other place where women or girls are employed as clerks or help therein in this state shall provide chairs, stools or other contrivances for the comfortable use of such female employees, and shall permit the use of the same by such female employees for the preservation of their health and for rest when not actively employed in the discharge of their respective duties. [G. S. 1915, § 5947.] § 66. Penalty for violation of preceding section. Any proprietor, manager or other person violating the preceding section of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than ten dollars nor more than one hundred dollars. [G. S. 1915, § 5948.] CHAPTER 8.-CHILD LABOR.* §67. Child under fourteen not to be employed in factory, workshop, theatre, mill, cannery, packing house or operating elevator; not to be employed in any business during school hours. 68. Child under sixteen not to be employed in mine or quarry, or any dangerous occupation. 69. Child under sixteen not to be em- p. m.; number of hours employed 70. Employers required to obtain and 71. Employer of children under sixteen 74. Permits to be issued on blanks fur- 75. Employer to return permit .to officer transmission to commissioner of §78. Penalty for employing child in violation of act or permitting or conniving at such violation. 79. Sections repealed by this act; repeal of acts in conflict with this act. Penalty for inducing or permitting child under eighteen years to assist in giving public exhibition of hypnotism, mesmerism, animal magnetism, etc. 81. Disposing of child with view to its being employed as an acrobat, gymnast, contortionist, circus-rider, beggar, pauper, street singer, etc.; taking, receiving, employing, etc., child for such purposes; misdemeanor; punishment. 82. Parents, guardians, etc., required to send children between ages of eight and fifteen to public or private school; required attendance of child fourteen years or older employed for support of himself, etc.; children having graduated from common schools exempt; children physically or mentally incapacitated; examination by physician. 83. Duty of truant officer when child absent from school; written notice to parent or guardian, etc.; service of notice; complaint if act not complied with in five days; jurisdiction of juvenile court, etc.; employment of children between ages of eight and fifteen years; school authorities may permit temporary absences in extreme cases of emergency or domestic necessity; penalty for violation of provisions of act; county attorneys and city attorneys to prosecute complaints. Period of minority in males and females. 84. * The federal act, passed September 1, 1916, has been declared unconstitutional and void by the supreme court of the United States. The act was entitled "An act to prevent interstate commerce in the products of child labor, and for other purposes," and contained the following provisions, all of which are now, of course, inoperative. (The act was included in this note before it had been passed upon by the supreme court, and, with the explanation here given, it is permitted to remain for the information of those desiring to know what its terms were.) "No producer, manufacturer, or dealer shall ship or deliver for shipment in interstate or foreign commerce any article or commodity the product of any mine or quarry, situated in the United States, in which within thirty days prior to the time of the removal of such product therefrom children under the age of sixteen years have been employed or permitted to work, or any article or commodity the product of any mill, cannery, workshop, factory, or manufacturing establishment, situated in the United States, in which within thirty days prior to the removal of such product therefrom children under the age of fourteen years have been employed or permitted to work, or children between the ages of fourteen years and sixteen years have been employed or permitted to work more than eight hours in any day, or more than six days in any week, or after the hour of seven o'clock postmeridian, or before the hour of six o'clock antemeridian; Provided, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any article or commodity under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such article or commodity before the beginning of said prosecution." Provided, That nothing in this act shall be construed to apply to bona fide boys' and girls' canning clubs recognized by the Agricultural Department of the several states and of the United States." The act contains further provisions for carrying the same into effect, punishing violations, etc., and took effect from and after one year from the date of its passage. |