fish may be sold and delivered; that until nine o'clock in the morning and after three o'clock in the afternoon milk may be delivered and cattle, sheep and swine may be slaughtered; that during the entire day meals may be sold to be eaten on the premises where sold or served elsewhere by caterers, drugs, medicines and surgical appliances may be sold, personal baggage may be conveyed to and from vessels leaving and arriving at port on that day, that the railroads may on Sunday carry passengers to connect with the steamers and public carriages, horse cars and licensed shore boats may convey passengers for hire, and that all labor which may be lawfully performed on Sunday shall be conducted, as far as possible, so as not to interfere with the right of

the community and of each individual to quiet and repose. Penalty. Sec. 319. Any person violating any of the provisions of sections 317

* shall, on conviction, be fined not over fifty dollars or be im

prisoned not over thirty days. Deiinition. SEC. 321. Sunday, within the meaning of the provisions of this act,

is the first day of the week and includes the time between the midnight preceding and the midnight following the same day.

CHAPTER 59. - Regulation of laundries. Laundries, etc., SECTION 927. It shall be lawful for, and the minister of the interior to be erected.

is hereby authorized and empowered to cause to be built and erected in the district of Kona, Island of Oahu, a sufficient number of laundries and wash houses, and to let the same to persons applying therefor at such rents, and upon such terms as the said minister shall deem advisable. And in like manner to designate and use for such purposes

buildings already erected. Board of health. SEC. 928. Such laundries and wash houses when erected shall be

under the supervision and control of the board of health. Only buildings Sec. 929. From and after the date of publication of this act, every provided to be used.

person who shall carry on the business of laundry keeping or washing for hire, within the limits of the city of Honolulu, except in such build

ings as shall be provided for such purpose, in accordance with the proPenalty. visions of section 927, shall be liable to a fine not to exceed fifty dol

lars for each and every day or part of a day during which he shall so carry on such business, and in default of payment of such fine shall be imprisoned at hard labor until such fine is paid.

[See note following section 2152, Civil Laws, above. A superintendent of public works is charged with the duties of the former minister of the interior relative to public works.)

CHAPTER 59. Tenement and lodging houses—— Inspection, etc. Roof, capacity, SECTION 938. Every house or tenement used or occupied as a dwell

ing for lodgers or contract laborers shall be kept by its owner in good repair, and with roof water-tight, and shall have the capacity of not less than three hundred cubic feet of space for each adult, or nine hundred cubic feet for one man and woman and two children.

SEC. 939. The yard and grounds about all dwellings shall be well drained and kept free from rubbish of every description, with a closet, or privy, also to be kept in repair by the lodging-house keeper or employer of laborers, for every six adults.

Sec. 940. Every owner or keeper and every other person having the given.

care or management of a lodging house or of a dwelling for contract laborers shall at all times when required by the board of health or its

agents give free access to such house or any part thereof. Penalty. Sec. 941. ery lodging-house keeper or employer of laborers who

shall fail to comply with the provisions of this act shall pay a fine not exceeding fifty dollars.




to be

ACTS OF 1898.

Act No. 31.— Regulation of laundries. Sprinkling SECTION 1. It shall be unlawful for any person to eject water or goods from other fluid from his mouth upon any clothing, bed clothing, napery, mouth.

towels or other articles of like character, in preparing the same for ironing or pressing or in ironing or pressing them.


SEC. 2. Any person so doing shall be deemed guilty of a misde- Penalty. meanor and upon conviction thereof shall be fined not exceeding ten dollars; and upon conviction of a subsequent offense shall be fined not exceeding twenty dollars.

Act No. 33.- Regulation of laundries. SECTION 1. The minister of the interior with the approval of the Laundries executive council may issue to any person, partnership or corporation be licensed. a license to erect, maintain and operate a steam laundry within the District of Kona, Island of Oahu, upon such conditions as to location and otherwise as shall be set forth in the license.

SEC. 2. Said license shall not be issued except upon the certificate Inspection. of the board of health, setting forth that an agent of said board has examined the location at which it is proposed to operate said steam laundry, and that the same is suitable for the purpose. Sec. 3. The annual fee for said license shall be fifty dollars.

Fee. Sec. 4. Said steam laundries shall be subject to such regulations as Regulations. to sanitation as may be prescribed from time to time by the board of health.

(See note following section 2152, Civil Laws, above. The duties of the former minister of the interior as to the issuing of licenses devolve upon the treasurer of the Territory.)

ACTS OF 1901.

Act No. 9.- Exemption of wages from execution, etc. SECTION 1. The following described personal property shall be exempt from attachment, execution, distress and forced sale of every nature and description:






Sec. 8 (as amended by act No. 52, Acts of 1903). One half of the wages due every laborer or person working for wages.

Act No. 17.Payment of wages, Deductions, offsets, etc. SECTION 1. It shall be unlawful for any person, firm, partnership or Written concorporation, within this Territory, to deduct and retain any part or sent required. portion of any wages due and payable to any laborer or employee, or to collect any store account, offset or counter claim without the written consent of such laborer or employee or by action in court as provided by law.

Sec. 2. No fines, offsets or counter claims shall be collected, de- Fines, offsets, ducted, or retained out of any wages due and payable to any laborer etc. or employee by any person, firm, partnership or corporation, in this Territory, unless by action in court and judgment therefor first obtained as provided by law.

Sec. 3. Any person, partnership, firm or corporation who shall vio- Penalty. late any provision of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars and not more than one hundred dollars.

ACTS OF 1903.

Act No. 37.-Employment of labor on public works. SECTION 1.—No person shall be employed as a mechanic or laborer Aliens not to upon any public work carried on by this Territory, or by any political be employed. subdivision thereof, whether the work is done by contract or otherwise, unless such person is a citizen of the United States, or eligible to become a citizen: Provided, however, In the event unskilled citizen Proviso. labor, or unskilled labor eligible to become citizen labor, can not be obtained to do the required work, the superintendent of public works, or the county board of control, or the mayor, or other chief executive of any municipality, respectively, shall have the power to issue permits to employ other than citizen, or eligible to become citizen, unskilled

H. Doc. 733, 58-217


labor until said citizen, or eligible to become citizen, unskilled labor

can be obtained. Eight hours a SEC. 2. Eight hours of actual service shall constitute a day's labor day's work.

for all mechanics, clerks, laborers and other employees employed upon any public work or in any public office of this Territory, or any political subdivision thereof, whether the work is done by contract or otherwise: Provided, however, That the full eight hours shall not apply to Saturdays or any holiday.

SEC. 3. Å stipulation that no mechanics, clerks, laborers and other employees employed upon any public work in the employ of the contractor or subcontractor shall be required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency, and that no mechanic or laborer, other than a citizen of the United States, or eligible to become a citizen, shall be employed, shall be contained in every contract to which the Territory or any political

subdivision thereof is a party. Penalty. Sec. 4. Any contractor, person, firm or corporation, or any officer

of the Territory, or of any political subdivision thereof, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense. Any and each and every such violation shall be deemed a separate offense for each day thereof, and for each mechanic, clerk, laborer and other employee employed upon any public work, employed in violation of the provisions of this act. Any contract or subcontract for any public work in this Territory that does not comply with the provisions of section 3 of this act shall be absolutely void.



ARTICLE 13.-Bureau of immigration, labor and statistics. Bureau of im- SECTION 1. There shall be established a bureau of immigration, labor migration, etc. and statistics, which shall be under the charge of a commissioner of

immigration, labor and statistics, who shall be appointed by the govDuties of com-ernor, by and with the consent of the senate. The commissioner shall missioner.

hold his office for two years, and until his successor shall have been appointed and qualified, unless sooner removed. The commissioner shall collect information upon the subject of labor, its relation to capital, the hours of labor and the earnings of laboring men and women, and the means of promoting their material, social, intellectual and moral prosperity. The commissioner shall annually make a report in writing to the governor of the State of the information collected and collated by him, and containing such recommendations as he may

deem calculated to promote the efficiency of the bureau. Same subject. SEC. 8. The commissioner of immigration, labor and statistics shall

perform such duties and receive such compensation as may be prescribed by law.

Article 13.- Hours of labor on public works. Eight hours a SECTION 2. Not more than eight (8) hours' actual work shall constiday's work.

tute a lawful day's work on all State and municipal work.

ARTICLE 13.- Employment of children in underground mines. Age limit.

SECTION 4. The employment of children under the age of fourteen (14) years in underground mines is prohibited.

ARTICLE 13.Employment of aliens on public works. Aliens not to Section 5. No person, not a citizen of the United States, or who has be employed.

not declared his intention to become such, shall be employed upon, or in connection with, any State or municipal works.

ARTICLE 13.-Boards of arbitration. SECTION 7. The legislature may establish boards of arbitration, whose Boards of arbiduty it shall be to hear and determine all differences and controversies tration. between laborers and their employers, which may be submitted to them in writing by all the parties. Such boards of arbitration shall possess all the powers and authority, in respect to administering oaths, subpænaing witnesses, and compelling their attendance, preserving order during the sittings of the board, punishing for contempt, and requiring the production of papers and writings, and all other powers and privileges, in their nature applicable, conferred by law on justices of the peace.







CAAPTER 6.—Mine regulations, Inspector of mines. SECTION 139. The office of inspector of mines for the State of Idaho Inspector is hereby created.

Sec. 141. He shall hold his office for the term of two years, and until his successor is elected and qualified. Before entering upon the Bond. discharge of his duties as inspector of mines he shall file an official bond in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office, in form and manner as are other official bonds of State officers.

Sec. 142. The inspector of mines shall not at the time of his election Not or at any time during his term of office, be an officer, director, or em- interested in ployee in or of any mining corporation in this State, or in, or of any

mines, etc. milling corporation in the State engaged in the business of smelting or reducing ores and such inspector shall devote his whole time to the duties of his office and shall take and subscribe to the following oath: State of Idaho, County of I,

of County do solemnly swear that I will perform Oath. each and every duty required of me as inspector of mines for the State of Idaho; that I will at all times while acting in my official capacity fulfill the duties of such office according to law and to the best of my skill and understanding, that I will never at any time while holding the office of inspector of mines disclose to anyone, directly or indirectly, under any circumstances any information relative to ore bodies, chutes, or deposits of ore, or the location, course or character, of underground workings, or give my opinion, founded on any examination made in the performance of my official duties, relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same, to all of which I pledge my sacred honor. So help me God.

Nothing in said oath however, shall be construed to prevent such mining inspector from making full and complete statistical reports as required by law.

Sec. 143. It shall be the duty of the inspector of mines, at least once Duties. each year, to visit in person each mining county in the State of Idaho and examine all such mines therein as, in his judgment, may require examination for the purpose of determining the condition of such mines as to safety, and to collect information and statistics relative to mines and mining and the mineral resources of the State, and to collect, arrange and classify mineral and geological specimens found in this State and to forward the same to the State school of mines.

Sec. 144. Said inspector shall have full power and authority, at all Access reasonable hours, to enter and examine any and all mines in this mines. State, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager or other person in charge of such mine or mines, shall render the inspector such assistance as may be required by the inspector to enable him to make a full, thorough and complete exami



nation of each and every part of such mine or mines, and whenever, as a result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided,

or otherwise) the inspector shall find the same to be in an unsafe conNotice, dition, he shall at once serve, or cause to be served, a written notice

upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in detail in what particular or particulars the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein, and in case of any criminal or civil proceeding at law against the party or parties so notified, on account of the loss of life, or bodily injury sustained by any employee subsequent to the service of such notice, and in consequence of a neg. lect or refusal to obey the inspector's requirement, a certified copy of the notice served by the inspector shall be prima facie evidence of the

culpable negligence of the party or parties so notified. Office, records, SEC. 145. The inspector of mines shall be provided with a properly

furnished office, at the statehouse in Boise City, Idaho, in which he shall carefully keep a complete record of all mines examined showing the date of examination, the condition in which the mines were found, the manner and method of working, the extent to which the laws are obeyed, and what recommendations, if any, were ordered by the

inspector Reports of It is hereby made the duty of the owner, lessor, lessee, agent, manowners, etc., of ager or other person in charge of each and every mine, of whatever

kind or character, within the State to forward to the inspector of mines at his office, not later than the first day of June in each year, a detailed report showing the character of the mine, the number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year, the method of working such mine and the general condition thereof, and such owner, lessor, lessee, agent, manager or other person in charge of any mine within the State, must furnish whatever information relative to such mine as the inspector of mines may from time to time require for his guidance

in the proper discharge of his official duties. Complaints. Sec. 146. Whenever the inspector of mines shall receive a formal

complaint in writing, signed by three or more persons, setting forth that the mine in which they are employed is dangerous in any respect, he shall, in person, visit and examine such mine: Provided, Every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine and shall describe with as much certainty as is possible, how such danger, apparent or real, renders such mine dangerous, and shall set forth the time when such danger was first observed, and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants, or anyone else to their knowledge, to the superintendent or other person in charge of such mine, and if no such complaint has been made to such superintendent or other person in person [sic] in charge, the reason why it has not been made: Provided further, That all complaints shall be duly verified by the parties complaining, before some officer authorized by law to administer oaths. After such complaint shall have been received by the inspector of mines, it shall be the duty of such inspector to serve a certified copy thereof, but without the names of the complainants, upon the owner, lessor, lessee, agent, manager, or other person in charge, and, as soon as possible after receiving such complaint, to visit and examine such mine, and if from such examination he shall find such complaint to be just, he shall give notice in writing of the danger existing to the owner, lessor, lessee, agent, manager, or other person in charge thereof, and in such notice may, in his discretion, order such mine or workings in which such danger exists, closed until such danger has been removed. The names of complainants complaining as in this section provided, shall not, under any circumstances, be divulged to any person by said inspector except such action be necessary in the administration of

justice in the courts of the State. Attorney-gen- SEC. 147. It shall be the duty of the inspector of mines upon the eral to be noti- neglect or refusal of any owner, lessor, lessee, agent, manager, or fied, when.

other person, in charge of any mine or working, notified of the unsafe

« ForrigeFortsett »