prescribed by section 7 of this act, who certifies to any materially false statement therein shall be guilty of a violation of this act, and upon conviction, be fined not less than $5 nor more than $100 for each offense, and shall stand committed until such fine and costs are paid. Any person, firm or corporation, agent or manager, superintendent or foreman of any firm or corporation, whether for himself or for such firm or corporation, or by himself or through subagents or foreman, superintendent or manager, who shall violate or fail to comply with any of the provisions of this act, or shall refuse admittance to premises, or otherwise obstruct the factory inspector, assistant factory inspector or deputy factory inspector in the performance of their duties, as prescribed by this act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $5 nor more than $100 for each offense, and shall stand committed until such fine and costs are paid.

Free public employment offices.

(Page 194.)

What cities

SECTION 1. Free employment offices are hereby created as follows: One in each city of not less than fifty thousand population, and three shall have. in each city containing a population of one million or over, for the purpose of receiving applications of persons seeking employment, and applications of persons seeking to employ labor. Such offices shall be designated and known as Illinois free employment offices.

SEC. 2. Within sixty days after this act shall have been in force, the Officers. State board of commissioners of labor shall recommend, and the governor, with the advice and consent of the senate, shall appoint a superintendent and assistant superintendent and a clerk for each of the offices created by section 1 of this act, who shall devote their entire time to the duties of their respective offices. The assistant superintendent or the clerk shall in each case be a woman. The tenure of such appointment shall be two years, unless sooner removed for cause. The salary of each superintendent shall be fifteen hundred (1,500) dollars per annum, the salary of such assistant superintendent shall be one thousand two hundred (1,200) dollars per annum. The salary of such clerk shall be one thousand (1,000) dollars per annum, together with proper amounts for defraying the necessary costs of equipping and maintaining the respective offices.

SEC. 3. The superintendent of each such free employment office Office to be shall, within sixty days after appointment, open an office in such opened. locality as shall have been agreed upon between such superintendent and the secretary of the bureau of labor statistics, as being most appropriate for the purpose intended; such office to be provided with a sufficient number of rooms and apartments to enable him to provide, and he shall so provide, a separate room or apartment for the use of women registering for situations or help. Upon the outside of each Regulations. such office, in position and manner to secure the fullest public attention, shall be placed a sign which shall read in the English language, Illinois Free Employment Office, and the same shall appear either upon the outside windows or upon signs in such other languages as the location of each such office shall render advisable. The superintendent of each such free employment office shall receive and record in books kept for that purposes [purpose], names of all persons applying for employment or help, designating opposite the names and aldresses of each applicant, the character of employment or help desired. Separate registers for applicants for employment shall be kept, showing the age, sex, nativity, trade or occupation of each applicant, the cause and duration of nonemployment, whether married or single, the number of dependent children, together with such other facts as may be required by the bureau of labor statistics to be used by said bureau: Provided, That no special registers shall be open to public inspection at any time, and that such statistical and sociological data as the bureau of labor may require shall be held in confidence by said bureau, and so published as not to reveal the identity of any one: And, provided further, That any applicant who shall decline to furnish answers as to the questions contained in special registers shall

not thereby forfeit any rights to any employment the office might

secure.

SEC. 4. Each such superintendent shall report on Thursday of each week to the State bureau of labor statistics the number of applications for positions and for help received during the preceding week, and the number of positions secured, also those unfilled applications remaining on the books at the beginning of the week. It shall also show the number and character of the positions secured during the preceding week. Upon receipt of these lists, and not later than Saturday of each week, the secretary of the said bureau of labor statistics shall cause to be printed a sheet showing separately, and in combination, the lists received from all such free employment offices.

SEC. 5. It shall be the duty of each such superintendent of a free employment office to immediately put himself in communication with the principal manufacturers, merchants and other employers of labor, and to use all diligence in securing the cooperation of the said employers of labor, with the purposes and objects of said employment offices. To this end it shall be competent for such superintendents to advertise in the columns of newspapers, or other medium, for such situations as he has applicants to fill, and he may advertise in a general way for the cooperation of large contractors and employers in such trade journals or special publication as reach such employers, whether such trade or special journals are published within the State of Illinois or not. SEC. 6. It shall be the duty of each such superintendent to make report to the State bureau of labor statistics annually, not later than December first of each year, concerning the work of his office for the year ending October first of the same year, together with a statement of the expenses of the same, including the charges of an interpreter when necessary, and such report shall be published by the said bureau of labor statistics annually with its coal report. Each such superintendent shall also perform such other duties in the collection of statistics of labor as the secretary of the bureau of labor statistics may require.

SEC. 7. No fee or compensation shall be charged or received, directly or indirectly, from persons applying for employment or help through said free employment offices, and any superintendent, assistant superintendent or clerk, who shall accept, directly or indirectly, any fee or compensation from any applicant or from his or her representative, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty-five nor more than fifty dollars and imprisoned in the county jail not more than thirty days.

SEC. 8. The term, "applicant for employment," as used in this act, shall be construed to mean any person seeking work of any lawful character, and "applicant for help" shall mean any person or persons seeking help in any legitimate enterprise; and nothing in this act shall be construed to limit the meaning of the term work to manual occupation, but it shall include professional service, and all other legitimate service.

SEC. 9. No person, firm or corporation in this State shall open, operate or maintain a private employment agency for hire, or where a fee is charged to either applicant for employment or for help without first obtaining a license for the same from the State commissioners of labor. Such license fee, in cities of fifty thousand (50,000) population and over, shall be fifty dollars ($50) per annum. In all cities containing less than fifty thousand (50,000) population a uniform fee of twenty-five dollars ($25) per annum will be required. Every license shall contain a designation of the city, street and number of the building in which the licensed party conducts said employment agency. The license, together with a copy of this act, shall be posted in a conspicuous place in each and every employment agency. No agency shall print, publish or paint on any sign, window, or insert in any newspaper or publication, a name similar to that of the Illinois Free Employment Office. The commissioners of labor shall require with each applicant for a license a bond in the penal sum of five hundred dollars ($500), with one or more sureties, to be approved by the said commissioners, and conditioned that the obligor will not violate any

of the duties, terms, conditions, provisions or requirements of this act. The said commissioners are authorized to cause an action or actions to be brought on said bond in the name of the people of the State of Illinois for any violation of any of its conditions, and they may also revoke, upon a full hearing, any license, whenever, in their judgment, the party licensed shall have violated any of the provisions of this act. It shall be the duty of every licensed agency to keep a register, in which shall be entered the name and address of every applicant. Such licensed agency shall also enter into a register the name and address of every person who.shall make application for help or servants; and the name and nature of the employment for which such help shall be wanted. Such register shall, at all reasonable hours, be open to the inspection and examination of the commissioners of labor or their agents. Where a registration fee is charged for receiving or filing applications for employment or help, said fee shall in no case exceed the sum of two dollars ($2), for which a receipt shall be given, in which shall be stated the name of the applicant, the amount of the fee, the date, the name or character of the work or situation to be procured. In case the said applicant shall not obtain a situation or employment through such licensed agency within one month after registration as aforesaid, then said licensed agency shall forthwith repay and return to such applicant, upon demand being made therefor, the full amount of the fee paid or delivered by said applicant to said licensed agency, provided that such demand be made within thirty (30) days after the expiration of the period aforesaid. No agency shall send or cause to be sent any female help or servants to any place of bad repute, house of ill-fame or assignation house, or to any house or place of amusement kept for immoral purposes. No such licensed agency shall publish or cause to be published any false or fraudulent notice or advertisement, or to give any false information, or to make any false promise concerning or relating to work or employment to anyone who shall register for employment, and no licensed agency shall make any false entries in the register to be kept as herein provided. No person, firm or corporation shall conduct the business of any employment office in, or in connection with, any place where intoxicating liquors are sold.

Enforcement.

SEC. 10. It shall be the duty of the commissioners of labor, and the secretary thereof, to enforce this act. When informed of any violation, it shall be their duty to institute criminal proceedings for the enforcement of its penalties before any court of competent jurisdiction. Any person convicted of a violation of the provisions of this act shall Penalties. be guilty of a misdemeanor and shall be fined not less [than] fifty dollars ($50) nor more than one hundred (100) dollars for each offense, or by imprisonment in the county jail for a period not exceeding six (6) months, or both, at the discretion of the court.

SEC. 11. A private employment agency is defined and interpreted to Definitions. mean any person, firm or corporation furnishing employment or help or giving information as to where employment or help may be secured, or who shall display any employment sign or bulletin, or through the medium of any card, circular or pamphlet, offering employment or help, shall be deemed an employment agency, and subject to the provisions of this act, whether a fee or commission is charged or not: Provided, That charitable organizations are not included.

SEC. 12. All money or moneys received from fees and fines shall be held by the said commissioners of labor, and shall constitute a fund for the purpose of enforcing the provisions of this act; and the said commissioners shall, at the end of each fiscal year, make an account of said fund and pay into the State treasury whatever balance shall remain after paying the necessary disbursements for the purpose of enforcing the provisions of this act.

Enforcement

fund.

SEC. 13. All printing, blanks, blank books, stationery and such Supplies. other supplies as may be necessary for the proper conduct of the business of the offices herein created shall be furnished by the secretary of state upon requisition for the same made by the superintendents of the several offices.

H. Doc. 733, 58-2—21

Payment of wages.

(Page 198.)

SECTION 1. It shall be unlawful for any corporation doing business within this State to withhold from any of its laborers, servants or employees any part or per cent of the wages earned by such laborer, servant or employee, beyond the date of the regular pay day of said corporation, under the guise or pretext, that the amount of wages so withheld, is to be given or presented to such laborer, servant or employee as a present or gratuity from said corporation, at the expiration of any future date, on condition that the services of such laborer, servant or employee have been performed to the entire satisfaction of said corporation, or upon condition that such laborer, servant or employee shall, unless sooner discharged by said corporation, remain in its employ until the expiration of some future date designated by said corporation, or under any other similar pretext or condition, but all such wages shall be paid in full by said corporation on its regular pay day: Provided, That nothing in this act contained shall be held to abridge the right of any corporation not making or requiring contracts of the class specified above, to make such contract or arrangement as may be legal, concerning the payment of wages to employees: And provided further, Nothing herein contained shall be construed to affect the right of any corporation to contract for the retention of a part of the wages of said laborers, servants and employees for the purpose of giving to said servants, laborers and employees insurance, hospital, sick or other similar relief.

SEC. 2. All contracts or agreements of the kind and character referred to and described in section 1 of this act, hereafter made by any corporation doing business in this State, are hereby declared to be illegal, against public policy and null and void, and no such agreement or contract shall constitute a defense upon the part of any such corporation, to any action brought by any such laborer, servant or employee, for the recovery of any wages due him, and withheld from him by any such corporation, contrary to the provisions of this act.

SEC. 3. Any such corporations doing business in this State, who shall violate the provisions of this act, shall, for each offense, forfeit the sum of two hundred dollars to be recovered from it in any [an] action of debt in the name of the people of the State of Illinois, or by any person who may sue for the same.

SEC. 4. It is hereby made the duty of the several State's attorneys of this State in their respective counties, to prosecute all actions commenced in the name of the people of the State of Illinois, under the provisions of this act.

Exemption of wages from garnishment.
(Page 217.)

Wages earned SECTION 1. Wages earned out of this State, and payable out of this outside the State. State, shall be exempt from attachment or garnishment in all cases where the cause of action arose out of this State, unless the defendant in the attachment or garnishment suit is personally served with process; and, if the writ of attachment or garnishment is not personally served on the defendant, the court, justice of the peace or police magistrate issuing the writ of attachment or garnishment, shall not entertain jurisdiction of the cause, but shall dismiss the suit at the cost of the plaintiff.

Size of charges.

Measurement.

Mine regulations-Explosives.

(Page 252.)

SECTION 1. In all coal mines in this State, where coal is blasted, the quantity of powder used in the preparation of shots shall not in any case exceed sixty inches in coal seams five and one-half feet and over; and shall not exceed forty-eight inches in coal seams under five and one-half feet in thickness.

SEC. 2. For the purpose of determining the quantity of powder, prescribed in section one (1) of this act, to be used in the preparation

of any given shot, an inch of powder shall be one lineal inch, one and one-half inches in diameter, and it shall be measured in a metallic charger not to exceed twelve inches in length and one and one-half inches in diameter.

SEC. 3. No person shall drill or shoot what is known as a "dead" hole for any part of its depth; nor tamp any drill hole with drill dust, or other combustible material.

Drill holes.

SEC. 4. Any violation of any of the conditions or requirements of Penalty. this act shall be deemed a misdemeanor, punishable by a fine of not less than ten dollars ($10) and not exceeding one hundred dollars, ($100), or by imprisonment in the county jail for a period not exceeding three months or both, at the discretion of the court.

Mine regulations— Wash rooms.

(Page 252.)

SECTION 1. Every owner or operator of a coal mine in this State shall provide and maintain a wash room at a convenient place at the top of each mine for the use of the miners and other employees of such mine; and such wash room shall be so arranged that such miners and other employees may hang therein their clothes, for the purpose of drying the same.

Wash rooms.

SEC. 2. Any mine owner or operator who shall fail or refuse to com- Penalty. ply with the provisions of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one hundred dollars, and shall stand committed to the county jail until such fine is fully paid.

Protection of employees on street railways—Inclosed platforms.

(Page 289.)

SECTION 1. Every cable, grip, electric, horse or other street car, other, Platforms to be than trail cars, which are attached to motor cars, shall be provided inclosed. during the months of November, December, January, February and March of each year, at both ends with a screen or vestibule constructed of glass or other material, which shall fully and completely protect the driver or motorman or gripman or conductor, or other persons stationed on both ends and guiding or directing the motor power by which they are propelled from wind and storm.

SEC. 2. Any person, agent, or officer of any association or corpora- Penalty. tion violating the provisions of this act shall, upon conviction, be fined in any sum not less than $25 nor more than $100 for each day each car belonging to and used by any such person, association or corporation is directed or permitted to remain unprovided with the screen required in section 1 of this act; and it is hereby made the duty of the prosecuting attorney of each county in this State, to institute the necessary proceedings to enforce the provisions of this act.

INDIANA.

CONSTITUTION.

ARTICLE 1.-Compensation for services.

SECTION 66. No man's particular services shall be demanded without Services to be just compensation.

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ANNOTATED STATUTES OF 1894-REVISION OF 1901.

CHAPTER 2.-Right of action for injuries causing death.

compensated

for.

Death caused

SECTION 285. When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former by negligence. may maintain an action therefor against the latter, if the former might have maintained an action, had he or she (as the case may be) lived,

against the latter for an injury for the same act or omission. The Limitation.