« ForrigeFortsett »
persons shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment: Prorided, however, That no witness shall be compelled to go outside of the county in which he resides to testify. In the report of said bureau no use shall be made of the names of individuals, firms or corporations supplying the information called for by this act, unless by written permission, such information being deemed confidential and not for the purpose of disclosing personal affairs; and any officer, agent or employee of the bureau violating this provision shall forfeit á sum not exceeding five hundred dollars or be imprisoned not more than one year.
Sec. 6649. The commissioner, as State factory inspector, shall have Inspection of power to enter any factory or mill, workshop, private works or State factories, etc. institutions which have shops or factories, when the same are open or in operation, for the purpose of gathering facts and statistics such as are contemplated by this act, and to examine into the methods of protection from danger to employees and the sanitary conditions in and around such buildings and places, and to make a record thereof of such inspection. If the commissioner as State factory inspector shall find upon such inspection that the heating, lighting, ventilation or sanitary arrangement of any workshops or factories is such as to be injurious to the health of the persons employed or residing therein, or that the means of egress in case of fire or other disaster are not sufficient, or that the belting, shafting, gearing, elevators, drums, saws, cogs and machinery in such workshops and factories are located or are in a condition so as to be dangerous to employees, and not sufficiently guarded, or that the vats, pans, or any other structures, filled with molten metal or hot liquid, are not surrounded with proper safeguards for preventing accidents or injury to those employed at or near them, he shall notify in writing the owner, proprietor or agent of such workshops or factories to make, within thirty days, the alterations or additions by him deemed necessary for the safety and protection of the employees; and if such alterations or additions are not made within thirty days from the date of such written notice, or within such time as said alterations or additions can be made with proper diligence upon the part of such proprietors, owners, or agents, said proprietors, owners or agents so notified shall be deemed guilty of a misdemeanor, and upon complaint of the commissioner as State factory inspector before a court of competent jurisdiction, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment not more than ninety days, or by both such fine and imprisonment.
Sec. 6650. The following expressions used in this act shall have the following meanings: The expression “person" means an individual, corporation, partnership, company, or association. The expression “children” means minor persons under the age of fourteen years. The expression “minor” means a male person under the age of twentyone years, or a female person under the age of eighteen years. The expression “woman” means female persons of eighteen years of age and upward. The expression “factory” means any premises where steam, water or other mechanical power is used in aid of any manufacturing process there carried on. The expression “workshop" means any premises, room, or place, not being a factory as above defined, wherein any manual labor is exercised by way of trade, or for the purpose of gain in or incidental to any process of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place the employer of the person or persons working therein has the right of access or control: Provided, however, That the exercise of such manual labor in a private house, or a private room by the family dwelling therein, or by any of them, or in case a majority of persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition. The aforesaid expressions shall have the meaning above defined for them respectively in all laws of this State relating to the employment of labor, unless a different meaning is plainly required by the context.
Information to SEC. 6651. All State, county, township and city officers are hereby be furnished. directed to furnish said commissioner, upon his request, such statis
tical or other information contemplated by this act as shall be in their
possession as such officers. Reports. SEC. 6652. The annual reports of the bureau of labor and industry
provided for in this act shall be printed in the same manner and under the same regulations as the report of the executive officers of the State: Provided, Not less than three thousand nor more than ten thousand copies of the report shall be printed and distributed annually, as the judgment of the commissioner may deem best: And provided further
, That said report shall not contain more than six hundred pages. The blanks and other stationery required in accordance with the provisions of this act shall be furnished by the secretary of state upon the requisition of the commissioner of said bureau and paid for from the print
ing fund of the State. Special agents, SEC. 6653. In addition to the assistant commissioner provided for by
section 2 of this act (sec. 6646], the commissionershall appoint a stenographer for the bureau, and he may also employ special agents and such other assistants as may be necessary in the discharge of the official duties of said bureau. Such special agents and other assistants shall be paid for the services rendered such compensation as the commissioner may deem proper, but no such agents or assistants shall be paid more than three dollars per day in addition to necessary traveling
expenses. Compensation. SEC. 6654. The compensation of officials of said bureau of labor and
industry shall be as follows: Annual salary of the commissioner, one thousand five hundred dollars; annual salary of the assistant commissioner, one thousand two hundred dollars; annual salary of the stenographer, seven hundred and twenty dollars; and the further sums of eight hundred dollars for postage and expressage, and eight hundred dollars for special agents and other assistants and one thousand five hundred dollars for the necessary traveling and incidental expenses of the bureau, shall be allowed annually, and payable upon proper vouchers certified by the commissioner. All salaries herein provided for shall be payable in monthly installments.
CHAPTER 111.— Trade-marks of trade unions, etc. Counterfeit- SECTION 7852. Whenever any association or union of workingmen ing, etc., unlaw- have adopted or shall hereafter adopt for their protection any label,
trade-mark, or form of advertisement, announcing that goods to which (such] label, trade-mark or form of advertisement shall be attached were manufactured by a member or members of such association or union, it shall be unlawful for any person or corporation to counter
feit or imitate such label, trade-mark or form of advertisement. Penalty.
Every person violating this section shall upon conviction be punished by imprisonment in the county jail for not less than three months (n)or more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both fine and imprison
ment. Using counter- SEC. 7853. Every person who shall use any counterfeit or imitation
of any label, trade-mark or form of advertisement of any such union or association, knowing the same to be counterfeit or imitation, shall
be guilty of a misdemeanor, and shall be punished by imprisonment Penalty. in the county jail for a term of not less than three months nor more
than one year, or by a fine of not less than one hundred dollars nor
more than two hundred dollars, or both. Filing labels, Sec. 7854. Every such association or union that has heretofore
adopted or shall hereafter adopt a label, trade-mark or form of advertisement as aforesaid may file the same for record in the office of the secretary of state by leaving two copies, counterparts or facsimiles thereof with the secretary of state. Said secretary shall deliver to such association or union so filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of one dollar. Such certificate of record shall, in all suits and prosecutions under this act, be sufficient proof of the adoption of such label, trademark, or form of advertisement, and of the right of said union or association to adopt the same.
SEC. 7855. Every such association or union adopting a label, trade- Enjoining mark or form of advertisement as aforesaid may proceed by suit to counterfeiting, enjoin the manufacture, use, display or sale of any such counterfeits or imitations; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display, or sale, and shall award the complainant in such suit such damages resulting from such wrongful manufacture, use, display or sale as may by said court be deemed just and reasonable, and shall require the defendants to pay such association or union the profits derived from such wrongful manufacture, use, display, or sale; and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed.
Sec. 7856. Every person who shall use or display the genuine label, Unauthorized trade-mark or form of advertisement of any such association or union use. in any manner not authorized by such association or union shall be deemed guilty of a misdemeanor, and shall be punished by imprison- Danalty. ment in the county jail not less than three months nor more than one year, or by a fine of not less than one hundred dollars, or both. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union on behalf of and for the use of such association or union.
Sec. 7857. Any person or persons who shall in any way use the name Use of name, or seal of any such association or union, or officer thereof, in and about etc. the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor, punishable by imprisonment in the
Penalty. county jail of not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both.
ACTS OF 1903.
CHAPTER 70.— Examination and licensing of barbers. SECTION 1. It shall be unlawful for any person to follow the occupa- License tion of a barber in this State, unless he shall have first obtained a cer
quired. tificate of registration as provided in this act: Provided, however, That Provisos. nothing in this act contained shall apply to or affect any person who is now actually engaged in such occupation, except as hereinafter provided: Provided, That the provisions of this law shall not apply to barbers in any city, town or village containing less than three thousand inhabitants.
Sec. 2. A board of examiners, to consist of three persons, citizens Board of examof this State for at least three years prior to their appointment, is iners. hereby created to carry out the purposes and to enforce the provisions of this act. Such board shall be appointed by the governor: Provided, That all barbers must have had a practice of at least five years at the said occupation prior to their appointment. Each member so recommended shall appear before the State board of health, whose duty it shall be to determine whether or not such member possesses sufficient knowledge of inoculable contagious and inoculatious diseases to enable such member to pass judiciously upon the qualifications of others in the occupation of barber. If said board of health shall reject an appointee, then the governor shall appoint some one else in place of the person rejected, such appointment to be made from the same class of persons from which the appointment was made. If, on the other hand, the appointment be confirmed by the board, said board shall issue a certificate to that effect, and all appointments made under the provisions of this act shall date from the confirmation thereof by said State board. Each member of said board shall serve for a term of three years and until his successor is appointed and qualified, except in the case of the first board, whose members shall serve one, twoand three years, respectively, as specified in their appointment. Said board shall, with the approval of the State board of health, prescribe such sanitary rules as it may deem necessary, with particular reference to the precautions necessary to be employed to prevent the creating and spreading of infectious
or contagious diseases. A copy of such rules shall be furnished each person to whom a certificate of registration is granted. Each member of said board shall, before entering upon the discharge of his duties, give a bond in the sum of two thousand dollars, with a surety or sureties to be approved by the secretary of state, con«litioned for the faithful performance of his duties, and shall take the oath provided by law for public oflicers. Vacancies upon said board caused by death, resignation or expiration from any cause of the term of any member thereof shall be filled by appointment from the same class of persons to which
the deceased or retiring member belonged. Organization. Sec. 3. Said board shall elect a president, secretary, and treasurer,
shall have its headquarters at such place in the State as the board may determine, shall have a common seal, and the secretary and president shall have the power to administer oaths. A majority of said board may, in meeting duly assembled, perform the duties and exercise the powers devolving upon said board under the provisions
of this act. Compensation. SEC. 4. Each member of said board shall receive a compensation of
three dollars per day for his services, and also railroad fare and such other traveling expenses as may be necessary in the proper discharge of his duties, and shall be paid out of any money in the hands of the treasurer of the said board. Said board shall also be allowed for such other expenditures and outlays, payable out of the moneys in the hands of its treasurer, as shall be reasonable and proper for the dis
charge of their duties and to carry out the provisions of this act. Reports. SEC. 5. Said board shall report to the auditor of this State at each
of its regular meetings a full statement of the receipts and disbursements of the board during the preceding two years, 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 purpose of this act. Any money in the hands of the treasurer of said board at the time of making such report in excess of two hundred and fifty dollars shall be paid over to the State treasurer for the maintenance
of the public schools of this State. Examinations. Sec. 6. 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 meeting to be given by publications thereof at least ten days prior to such meetings in at least two newspapers published in
this State, in the locality of such proposed meeting. Registration. Sec. 7. Every person now engaged in the occupation of barber in
this State shall, within ninety days after the approval of this act, file with the secretary of said board an affidavit setting forth his name, residence, and the length of time during which and the place where he has practiced such occupation, and shall pay to the treasurer of said board one dollar, and a certificate of registration entitling him to practice the said occupation for the fiscal year ending January 31, 1904, thereupon shall be issued to him; and the holders of such certificates shall, within thirty days after the expiration of their respective certificate, make application for the renewal of the same, stating the number of expiring certificates, 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. Applicants to Sec. 8. Any person not following the occupation of a barber at the
time this act goes into operation, desiring to obtain a qualified certifi. cate of the said 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 next regular meeting of the board for the examination of applicants; whereupon said board shall proceed to examine such person, and, being satisfied
that he is above the age of nineteen years, of good moral character, Requirements. free from contagious or infectious diseases, has either (a) studied the
trade for two years as an apprentice under a qualified and practicing barber, or (b) studied the trade for at least two years in a properly appointed and conducted barber school or college under the instructions of a qualified barber, or (c) practiced the trade in another State for at least two years, and is possessed of the requisite skill in said
trade to properly perform all the duties thereof, including his ability
Apprentices. as an apprentice in said trade under license issued by the board, under a barber authorized to practice the same under this act, nor from serving as a student in any school or college for the teaching of said trade, under the instructions of a qualified barber: Prorided, That in no barber shop shall there be more than one apprentice to two barbers authorized under this act to practice said occupation, but all barber shops having onechair shall be entitled to one apprentice: And prorided, That all barber schools or colleges shall keep prominently displayed a sign, “barber college” or “barber school," and no other sign or signs: Provided, That all barbers or barber schools or colleges who shall take an apprentice or student shall file immediately with said board the name and age of such apprentice or student, and the said board shall cause the same to be entered in a register kept for that purpose.
Sec. 10. Said board shall furnish to each person to whom a certifi- Card. cate 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.
Sec. 11. Said board shall keep a register, in which shall be entered Register the names of all persons to whom certificates are issued and to whom permits for serving apprenticeship or as students are granted under this act, and said register shall at all times be open to public inspection.
Sec. 12. Said board shall have power to revoke any certificate of Revocation of registration granted by it under this act for (a) conviction of crime, certificate. (b) habitual drunkenness, (c) gross incompetency, (d) failure or refusal to properly provide or guard against contagious or infectious disease or the spreading thereof in the practice of the occupation aforesaid, or (e) violation of the rules of the board mentioned in section 2 of this act: Provided, That before any certificate shall be so 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 charges, and full opportunity to produce testimony in his behalf and to confront the witnesses against him. Any person whose certificate has been so revoked may, after the expiration of ninety days, apply to have the same regranted to him, upon a satisfactory showing that the disqualification has ceased.
SEC. 13. Any person who is engaged in the occupation in shaving Definition. the beard or cutting or dressing the hair for the general public shall be construed as practicing the occupation of barber, and the so said barber or barbers shall be required to fulfill all requirements of this act.
Sec. 14. Any person practicing the occupation of barber without hav- Violation, ing obtained a certificate of registration as provided in this act, or knowingly employing a barber who has not such certificate, or falsely pretending to he qualified to practice as barber or instructor or teacher of said occupation under this act, or failing to keep the certificate or