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dollars for each offense, and its charter, or authority to do business in this State, shall, upon such conviction, be repealed, revoked, annulled and held for naught.
ACTS OF 1902.
CHAPTER 16.-Employment of children-Age limit. Age limit. SECTION 1. It shall be unlawful for a proprietor, foreman, owner or
other person to employ any child less than fourteen years of age in any workshop, factory, or mine, in this State; 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.
Provided, That if the parent or guardian and the county judge of any county may consent in writing for such employment, then in that event such employment may be made, subject to the approval of the county attorney of said county, in the event of any complaint, and if he thinks after investigation of such complaint, that it is against the best interests or moral welfare of such infant child he may so notify
said employer and then this act applies as if no consent was given. Penalty. Sec. 2. Any proprietor, foreman or owner employing a child less
than fourteen 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 fourteen years of age, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty-five dollars and not more than two hundred and fifty dollars.
CHAPTER 23.- Exemption of wages from garnishment, etc. earned SECTION 1. Wages earned out of this State and payable out of this outside of State. State shall be exempt from attachment or garnishment in all cases,
where the cause of action arose out of this State, and it shall be the
inspector. La bor
SECTION 1. In the bureau of agriculture, labor and statistics there spector.
shall be appointed by the commissioner, with the approval of the governor, a labor inspector, and one assistant labor inspector, who shall be men having practical knowledge of factories, machine or work
shops, and who shall be under the supervision of the commissioner. Duties.
SEC. 2. It shall be the duty of the labor inspector to visit and inspect the various factories, machine and work shops in this state, and under the direction of the commissioner, to report to the Commonwealth's attorney and county attorney of the county or district, where such factory, machine or work-shop is located, any violation or infraction of laws enacted for the protection of women, children and other persons laboring in such places.
SEC. 2 . It shall be the duty of every owner, manager and agent tories, etc.
of any factory, machine or work shop where laborers are employed, to admit the labor inspectors during reasonable hours and while the same is open, for the purpose of making an inspection of same, and any person who shall refuse to admit such inspectors in violation the provisions of this section shall be fined not to exceed one hundred dollars, or to be imprisoned in jail not more than six months, or both
be so fined and imprisoned in the discretion of the jury. Collection of SEC. 4. It shall further be the duty of the labor inspector to collect statistics.
statistics concerning labor wherever and however employed in this State, and report the same to the commissioner at such times as he may direct. It shall be the duty of the owner, officers, manager, or agent of any factory, machine or work shop where laborers are employed, to furnish upon demand of the labor inspectors statistical information concerning the number and sex of laborers employed, the
Access to fac
compensation of each, the amount and kind of labor performed by such laborers, and such other reasonable information as may be required by the commissioner: Provided, That no person shall be Provisos. required to furnish the labor inspectors information concerning the private conduct or condition of his affairs, or the affairs of the firm or concern he represents, touching matters not contemplated in the provisions of this act: And provided, further, That no labor inspector, for the purpose of gathering statistics, shall interfere or detain from work any laborer while on duty during working hours.
Šec. 5. The commissioner shall make a separate report biennially to Report on lathe legislature on or before the second Monday in January, on the bor. subject of labor, and include such recommendations as may be deemed proper, together with an account of the work done by the labor inspectors, and the expenses incurred in by them. The number of copies of such reports shall not be less than one thousand nor more than three thousand, in the discretion of the commissioner.
Sec. 7. Neither the labor inspector nor assistant labor inspector shallInterference take any part, interfere, or become involved in any strike or similar with strikes, etc. labor difficulty, other than the performance of his duty as prescribed by law, upon penalty of forfeiting his office.
Sec. 8. The labor inspector and assistant labor inspector shall receive Salaries. annual salaries of twelve hundred dollars and one thousand dollars, respectively, and their actual necessary traveling expenses while in the performance of their duties to be paid out of the fund appropriated for the bureau. Said labor inspectors ehall make reports of expenses as directed by the commissioner, who shall approve the same when proper and certify same for payment as other expenses of said bureau are now allowed and paid.
Sec. 9. Nothing in this act shall be construed to conflict with the Act construed. powers and duties of the State mine inspectors as now prescribed by law. The words factory, machine and work shop, shall not be construed to mean a newspaper or printing office.
CHAPTER 51.— Examination and licensing of barbers. SECTION 1. It shall be unlawful for any person to follow the occu- Barbers to have pation of barber in all cities of the first, second and third class of this certificates. State unless he shall have first obtained a certificate of registration as provided in this act: Provided, however, That nothing in this act con- Proviso. tained shall apply to or affect any person who is now and for the past three years has been actually engaged in such occupation. A person so engaged less than three years shall be considered an apprentice, and at the expiration of three years of such employment shall be subject to the provisions of this act as hereinafter provided. Sec. 2. A board of examiners, to consist of three persons is hereby. Board of ex
aminers. created to carry out the purpose and enforce the provisions of this act. The governor shall on or before July first, nineteen hundred and two, appoint one barber to serve for one year, one barber to serve for two years and one barber to serve for three years, who, with their respective successors, to be appointed annually thereafter, and to serve for a term of three years, shall constitute a board of examiners of barbers, all of whom shall be practical barbers who have been actually engaged in the business of barbering for at least five years. Each member of said board shall give a bond in the sum of one thousand dollars, with sureties to be approved by the secretary of state, conditioned for the faithful performance of his duties, and shall take the oath provided by law for public officers. Vacancies in said board shall be filled by the governor for the unexpired portion of the term.
Sec. 3. Such board shall have power to adopt reasonable rules and Power of board. regulations prescribing the sanitary requirements of a barber shop in cities of the first, second and third class, subject to the approval of the State board of health, and to cause the rules and regulations so approved to be printed in suitable form, and to transmit a copy thereof to the proprietor of each barber shop in cities of the first, second and third class. It shall be the duty of every proprietor, or person oper- Rules to ating a barber shop in cities of the first, second and third class to keep posted. posted in a conspicuous place in his shop, so as to be easily read by
his customers, a copy of such rules and regulations. A failure of any such proprietor to keep such rules so posted,
or to observe the requirements thereof, shall be sufficient grounds for the revocation of his license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor to be heard in his defense. Any member of said board shall have power to enter and make reasonable examination of any barber shop in cities of the first, second and third class during business hours for the purpose of ascertaining the sanitary conditions thereof. Any barber shop in cities of the first, second and third class in which tools, appliances and furnishings in use therein are kept in an unclean and insanitary condition, so as to endanger health, is hereby declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment
therefor. Compensation. Sec. 4. Each member of said board shall receive a compensation of
three dollars per day for actual service, and ten cents per mile for each mile actually traveled in attending the meetings of the board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board, after an allowance thereof by the board upon an itemized and verified claim therefor being filed with the secretary by the member claiming the same; but in no event shall any part of the expense of the board or any member thereof be paid out of the
State treasury. Annual re- Sec. 5. Said board shall report annually to the governor a full state
ment of the receipts and disbursements of the board during the preceding year, a full statement of its doings and proceedings, and such recommendations as it may deem proper looking to the better carrying out of the intents and purposes of this act. Any moneys 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 to be kept by him for the future maintenance of the board, and to be disbursed by him upon warrants signed by the president and
treasurer of said board. Examinations. SEC. 6. Said board shall hold each year throughout the State, at
such times and places as it shall designate, at least four public examinations, notice whereof shall be given by publication at least ten days before the holding of any such meeting, in at least one newspaper printed and published in the city of Louisville, and in at least one newspaper printed and published in the county in which said meeting shall be held. Said board is authorized to incur all necessary expenses for the proper discharge of their duties, and pay the same out of any moneys in the hands of the treasurer of the board, or of the funds in
the hands of the State treasurer as aforesaid. Registration. SEC. 7. Every person now engaged in the occupation of barber in cities of the first, second and third class shall
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 said
occupation thereupon shall be issued to him. Applicants for SEC. 8. Any person desiring to obtain a certificate of registration examination. under this act shall make application to said board therefor, and shall Fee.
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 Requirements. nineteen years, of good moral character, free from contagious or in
fectious diseases, that he had either studied the trade for at least three years as an apprentice under a qualified and practicing barber; or that he has studied the trade in a barber school or schools, as defined by this act, for at least three years, or had practiced the trade in another State for at least three years, and is possessed of the requisite skill in said trade to properly perform all the duties thereof, including his ability in the preparation of tools, shaving, hair cutting, and all the 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 in the practice of said
trade; his name shall be entered by the board in the register hereinafter provided for, and a certificate of registration shall be issued to Certificate. him, authorizing him to practice said trade in cities of the first, second and third class: Provided, That whenever it appears that the applicant Proviso has acquired his knowledge of said trade in a barber school, the board may subject him to an examination and withhold from him a certificate if it shall thus appear that he is not qualified to practice the said trade.
A barber school is hereby declared to be a school conducted by a suitable person who is authorized to practice the trade of a barber in this State, and in which all instruction is given by competent persons so authorized, and in which the course and period of training shall comply with the rules and regulations of the said board adopted for the government of barber schools.
SEC. 9. Nothing in this act shall prohibit any person from serving Apprentices. as an apprentice in said trade under a barber authorized to practice the same under this act, nor from serving as a student in any school for the teaching of such trade under the instruction of a qualified barber.
Sec. 10. Said board shall furnish to each person to whom a certifi- Card. cate of registration is issued, a card or insignia 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 in- Posting card. signia to post the same in a conspicuous place in front of his working chair, where it may readily be seen by all persons whom he may serve. Said card or insignia shall be renewed on or before the first day of July of each year, and the holder of said certificate of registration shall pay to the secretary of said board the sum of one dollar for Fee. said renewal card or insignia. Upon the failure of any holder of a certificate of registration to apply for a renewal of his card or insignia on or before the first day of July in each year, his said certificate may be revoked by said board, subject to the provisions of section twelve of this act.
Sec. 11. Said board shall keep a register in which shall be entered Register. the names of all persons to whom certificates are issued under this act, and said register shall be at all times open to public inspection.
Sec. 12. Said board shall have power to revoke any certificate of Revocation. registration granted by it under this act for: (a) Conviction of crime; (b) habitual drunkenness for six months immediately preceding the filing of a charge with it therefor; (c) gross incompetency; (d) the keeping of a shop or the tools, appliances or furnishings thereof in an unclean and unsanitary condition; (e) failure to comply with the requirements of section ten of this act: Provided, That before any cer
Proviso. tificate shall be so revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall have a reasonable opportunity to be heard in his defense. Any person whose certificate has been so revoked, may at the expiration of ninety days, apply to have the same regranted, and the same shall be regranted Reissue. to him upon a satisfactory showing that the disqualification has ceased. The said board shall have power to summon any person to appear as a witness and testify at any hearing appointed by it touching any such charge preferred against any barber of cities of the first, second and third class, and to examine such witness relating thereto, and shall have the right to administer oaths.
SEC. 13. Any person practicing the occupation of barber without Penalty. having obtained a certificate of registration, as provided by this act, or willfully employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this act, or violating any of the provisions of this act, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars, or more than one hundred dollars, or by imprisonment in the county jail not less than ten days [n] or more ihan ninety days.
CONSTITUTION OF 1898.
Local or special laws regulating labor, etc., not to be passed. Certain laws
ARTICLE 48. The general assembly shall not pass any local or special forbidden.
law on the following specified subjects:
Granting.to any corporation, association, or individual any special or exclusive right, privilege or immunity.
Fixing wages. Art. 51. No law shall be passed fixing the price of manual labor.
Liability of corporations, etc., for debts of contractors for labor. Wages of con- ARTICLE 185. The general assembly shall pass laws to protect labortractors' employees.
ers on buildings, streets, roads, railroads, canals, and other similar works, against the failure of contractors and subcontractors to pay their current wages when due, and to make the corporation, company, or individual, for whose benefit the work is done, responsible for their ultimate payment.
Exemption of laborers, etc., from license tax. Laborers, etc., ARTICLE 229. The general assembly may levy a license tax, and in not to pay li
such case shall graduate the amount of such tax to be collected from the persons pursuing the several trades, professions, vocations, and callings. All persons, associations of persons and corporations pursuing any trade, profession, business or calling, may be rendered liable to such tax, except clerks, laborers, clergymen, school teachers, those engaged in mechanical, agricultural, horticultural, and mining pursuits, and manufacturers other than those of distilled, alcoholic or malt'liquors, tobacco, cigars, and cotton-seed oil.
REVISED LAWS OF 1897.
State board of arbitration and conciliation.
(Page 20. Act No. 139, Acts of 1894.) Appointment Section 1. Within thirty days after the passage of this act, the govof board.
ernor of the State, with the advice and consent of the senate, shall appoint five competent persons to serve as a board of arbitration and conciliation in the manner hereinafter provided. Two of them shall be employers, selected or recommended by some association or board representing employers of labor, two of them shall be employees, selected or recommended by the various labor organizations and not an em
ployer of labor, and the fifth shall be appointed upon the recomProvisos. mendation of the other four: Provided however, that if the fourappointed
do not agree on the fifth man at the expiration of thirty days, he shall be appointed by the governor: Provided, also, That if the employers or employees fail to make their recommendation as herein provided within thirty days, then the governor shall make said appointments in accordance with the spirit and intent of this act; said appointments, if made when the senate is not in session, may be confirmed at the
next ensuing session. Organization. Sec. 3 Each member of said board shall before entering upon the
duties of his office, be sworn to a faithful discharge thereof. They shall organize at once by the choice of one of their number as chairman, and one of their number as secretary. The board shall, as soon
as possible after its organization, establish rules of procedure. Mediation. Sec. 4. Whenever any controversy or difference pot involving ques
tions which may be the subject of a suit or action in any court of the