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Act No. 89.—Civil service law- Laborers, etc., exempt-New Orleans. Board of com- SECTION 1. There shall be a board of civil service commissioners for missioners.
the city of New Orleans; * Employment Sec. 3. Said commissioners shall, as soon after their appointment as to be classified.
possible, classify, with reference to the examinations hereinafter provided for, all offices and places of employment in said city, except only such offices and places to which appointment or election is otherwise expressly provided for by law, and except such offices and places
as are exempted from the provisions and operations of this act. Classes ex- Sec. 29. The following persons shall be entirely exempt from the empt.
provisions and operations of this act:
Fourth. Street laborers, street bridge carpenters, drivers, watchmen, porters and janitors, except as to physical ability to perform the duties of the position to which they seek appointment.
ACTS OF 1902.
Act No. 194.-Examination and licensing of plumbers. Board of ex- SECTION 1. In all cities having a population of (30,000) thirty aminers.
thousand or more people, the mayor of each city shall appoint, with the consent of the common council of the city, for a term of four years, five plumbers at least two of whom shall be journeymen plumbers, who together with the president of the board of health and city engineer, shall constitute and act as a board of examiners of plumbers, and whose duty it shall be to examine all plumbers as to their practical knowledge and all other requirements of the business of plumbing; and shall submit the applicant to some satisfactory forms of practical
tests; and if satisfied with the competency of the said applicant, shall Permits. thereupon issue a permit to such applicant authorizing him to engage
in the business of plumbing either as a master plumber or as a journey
man plumber; which permit shall be renewed from year to year withProviso. out reexamination: Provided, That all persons actively engaged in
the business of plumbing in the State of Louisiana, either as a master plumber or journeyman plumber, for twelve months previous to the passage of this act, shall be entitled to receive a permit without pass
ing an examination. Examination. Sec. 4. Any person engaged or any person hereafter engaging in the
business either as a master plumber or a journeyman plumber, shall within thirty days from the organization of said board of examiners, or from engaging in the business of plumbing, apply to the said board and after undergoing an examination as to his qualifications, or show [showing] that he has been twelve months in business, as provided in section 1, if he shows his competency, shall be granted a permit to ply
his trade. Licenses. Sec. 5. No license shall be granted or issued by the municipal anthor
ities to a master plumber except upon production of a permit from the board of examiners, and no master plumber shall employ a journeyman plumber who has not secured the permit above provided for.
Sec. 7. The board of examiners shall have the power and are hereby authorized to charge moderate fees to defray the necessary expenses of the carrying out of the purposes of this law provided the said fees and all fees herein mentioned shall be approved by the city councils of said cities, and to hire and fix the salaries of their employees, which
they shall pay out of the fees above provided for. Penalty. Sec. 8. Any person violating any of the provisions of this act shall
be deemed guilty of a misdemeanor and shall upon conviction be subject to a fine of not more than twenty-five dollars or imprisoned for a period not exceeding thirty days.
Act No. 213.— Liability of employers for poll tax of employees. Employers lia- SECTION 3. In order to more effectually and promptly collect said ble.
poll tax, whosoever shall employ, in his service for any purpose for
which any wages or compensation are to be paid, any person subject and liable to pay such poll tax, between the first day of January and the thirty-first day of December, inclusive, of each year shall be liable to pay said poll tax of such employee, which amount of poll tax such employer shall have the right to deduct from the wages or compensa
Deduction tion of such employee: Provided, He shall pay the same to the proper collecting officer thereof, and shall take a receipt therefor in name of employee; but he shall not have such credit, until he shall exhibit said [sic] said receipt therefor and deliver the same to the employee. Receipt.
All employers, at any period of the year and without regard as to whether the employee had been previously employed during the same year, shall be liable for said poll tax unless it had previously been
Who liable. paid and no employer shall resist payment thereof on the ground that à previous or other employer is liable therefor, but that the collector of such poll tax may proceed against any of such employers or all of them if need be, to collect the same: Provided, That no enforcement Proviso. of said poll tax shall be made against any employer unless the employee shall have been in his service for at least sixty days during the year in which said tax is due.
REVISED STATUTES OF 1903.
CHAPTER 18. – Vaccination of employees in paper mills. SECTION 83. No owner, agent or superintendent of any paper mill Vaccination where domestic or foreign rags are used in the manufacturing of paper required. shall hire or admit any person to work in or about said mill who has not been successfully vaccinated or revaccinated within two years, or to the satisfaction of the local board of health.
Sec. 84. No person shall work in or about any paper mill where Same subject. rags are used, who has not been successfully vaccinated or revaccinated within two years, or to the satisfaction of the local board of health.
Sec. 85. The owner, agent and superintendent in every paper mill List of employwhere rage are used shall every year, in the months of February and ees. September, make out and deliver to the local board of health, a list containing the names, ages, kind of work, and places of residence of all persons employed'in or about said milí.
SEC. 86. In the months of March and October, annually, each and Examination. every person who is employed in a paper mill, shall be examined by the local board of health as to whether he or she is successfully and sufficiently protected by vaccination, and the local board of health shall in all cases be the judges of the sufficiency of the protection by vaccination. SEC. 87. Whoever violates any provision of the four preceding sec
Penalty. tions shall be punished by a fine of not more than fifty dollars.
CHAPTER 22.-Inspection of steam boilers.
Safety plugs. cause to be used, except as hereinafter provided, any steam boiler in the State unless it is provided with a fusible safety plug, made of lead for boilers carrying steam pressure above fifty pounds per square inch, and of tin for boilers carrying steam pressure of fifty pounds and less per square inch, and said safety plug shall be not less th one-half inch in diameter, and shall be placed in the roof of the fire box when a fire box is used, and in all cases shall be placed in the part of the boiler fully exposed to the action of the fire, and as near the surface line of the water as good judgment shall dictate, excepting in cases of upright tubular boilers, when the upper tube sheet is placed above the surface line of the water, which class of boilers shall be exempted from the provisions of this section.
Sec. 23. If any person without just and proper cause removes from the boiler the safety plug, or substitutes any material more capable of resisting the action of the fire, or if any person or corporation uses or
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causes to be used, for six consecutive days, or manufactures or sells a steam boiler of a class not exempted from the provisions of the preceding section, unprovided with such safety fusible plug, such offender shall be fined not exceeding one thousand dollars.
CHAPTER 28.-Factories and workshops— Inspection, etc. Doors opening SECTION 37. Every building intended temporarily or permanently outwardly. for public use,
shall have all inner doors, intended for egress, open outwards. The outer doors of all such buildings shall be kept open when the same are used by the public, unless they open
outwards; but fly doors opening both ways may be kept closed. Fire escapes.
Sec. 38. * every building in which any trade, manufacture or business is carried on, requiring the presence of workmen above the first story, * shall at all times be provided with suitable and sufficient fire escapes, outside stairs or ladders from each story or gallery above the level of the ground, easily accessible to all inmates in case of fire or of an alarm of fire; the sufficiency thereof to
be determined as provided in the following section. Inspection. SEC. 39. In towns or parts of towns having no organized fire depart
ment, the municipal officers shall annually make careful inspection of the precautions and safeguards provided in compliance with the foregoing requirements, and pass upon their sufficiency as to arrangement and number, and upon their state of repair; and direct such alterations, additions and repairs as they adjudge necessary. In towns, cities and villages having an organized fire department, the duties
aforesaid shall be discharged by the board of fire engineers. Notice.
Sec. 40. Such municipal officers or fire engineers shall give written notice to the occupant of such building, also to the owner thereof, if known, of their determination as to the sufficiency of said precautions and safeguards, specifying in said notice any alteration, addition or repair which they require. Sixty days are allowed for compliance
with such notice and order. Penalty.
SEC. 41. Any owner or occupant who neglects to comply with such order, within the time so allowed, forfeits fifty dollars, besides five dollars for every day's continuance of such neglect; and the building or part of a building so occupied shall be deemed a common nuisance, without any other evidence than proof of its use; and the keeper shall be punished accordingly. Said officers may forbid the use of such building for any public purpose until their order has been complied with. And if the owner or occupant of said building lets or uses the same in violation of such order, he forfeits not less than twenty nor
more than fifty dollars for each offense. Certificate. Sec. 42. Whenever the municipal officers or engineers upon inspec
tion, find that proper safeguards and precautions for escape in case of fire, or of alarm, have been provided, they shall give to the occupant of such building a certificate, under their hands, of such fact; which shall be valid for one year only from its date; * * Such officers shall return to the clerk's office of their town, monthly, a list of such certificates by them issued, which the clerk shall record in a suitable
book. Evidence. Sec. 43. Every person receiving such certificate shall keep the
same posted in such building. Such annual certificate, so posted, is prima facie evidence of the inspection of such building, and of the presence of such suitable safeguards and precaution. Every occupant of such building who neglects or refuses to procure such certificate, or to post the same as aforesaid, forfeits ten dollars for every week
that he so neglects and refuses. Penalty. Sec. 44. Every municipal officer or fire engineer who refuses or neg
lects to perform the duties imposed upon him by the seven preceding sections forfeits fifty dollars.
CHAPTER 37.- Employment offices. License re- SECTION 6. The municipal officers of any town may, on payment of quired.
the sum of five dollars each into the town treasury, grant licenses to suitable persons for one year, unless sooner revoked after notice and
for cause, to keep offices for the purposes of obtaining employment for domestics, servants or other laborers, except seamen, or of giving information relating thereto, or of doing the usual business of intelligence offices; whoever keeps such an office, without a license, forfeits not exceeding fifty dollars for every day that it is so kept. The keeper of an intelligence office shall not retain any sum of money received from any person seeking employment through the agency of such intelligence office, unless employment of the kind sought for is actually furnished. No license shall be granted to a person who is directly or indirectly engaged in or interested in the sale of intoxicating liquors. The keeper of a licensed intelligence office shall cause two copies of this section, printed in type of sufficient size to be legible and easily read, to be conspicuously posted in each room used or occupied for the purposes of such intelligence office. Whoever violates any provision of this section shall have the license revoked, and shall be punished by fine not exceeding twenty dollars for each offense.
CHAPTER 40.— Trade-marks of trade unions. SECTION 30. No person shall counterfeit or imitate any label, trade- Counterfeiting, mark, device or form of advertisement, adopted or used by any associ- etc., unlawful. ation or union of workingmen, to indicate that goods to which such label, trade-mark, deviceorform of advertisement may be attached or affixed, or on which the same may be printed, painted, stamped or impressed were manufactured, or produced, packed or put on sale by such association or union, or by any member or members thereof, or use such label, trade-mark, device or form of advertisement without the consent or authority of the association or union so having adopted and used it: Provided, That such label, trade-mark, device or form of advertisement was not, before such adoption and use, lawfully adopted, owned and used by another; but any association or union, desiring to adopt and use such label, trade-mark, device or form of advertisement previously adopted, owned and used by another, may acquire from such owner the right to so adopt and use it.
Sec. 31. Every such association or union adopting a label, trade- Filing labels. mark, device or form of advertisement as aforesaid, shall file the same for record in the office of the secretary of state, by leaving two copies, counterparts or facsimile[s] thereof, with the secretary of state, together with a statement in writing, signed and sworn to by some person for and in behalf of such association or union, stating when and by whom so far as he knows and believes, said label, trade-mark, device or form of advertisement was adopted or used, in what manner and for what purpose the same is to be used and by what right the same is claimed, and such other particulars as shall serve to identify the same; said secretary shall deliver to such association or union, so filing the same, a duly attested certificate of the record of the same. Such certificate of record, in all suits and prosecutions under this Certificate. chapter, shall be sufficient proof of the adoption of such label, trademark, device or form of advertisement. Whoever willfully swears or affirms falsely to any such statement in writing is guilty of perjury. No label, trade-mark, device or form of advertisement, so closely resembling one already recorded as to be liable to be mistaken therefor, shall be recorded, and when in the judgment of the secretary of state, such resemblance exists he may refuse to record such label, trade-mark, device or form of advertisement, and thereupon proceedings may be had for a writ of mandamus, upon the application of any such association or union,
Sec. 32. Every such association or union that has adopted and uses Enjoining a label, trade-mark, device or form of advertisement, as aforesaid,
wrongful use. wbich has been recorded in the office of the secretary of state as herein before provided, may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, or of any goods to which such counterfeits or imitations shall be affixed or attached, or on which the same shall be printed, painted or impressed, 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 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. Penalty. Sec. 33. Whoever knowingly and with intent to mislead or deceive,
counterfeits or imitates any such recorded label, trade-mark, device or form of advertisement, or knowingly uses or sells any counterfeit or imitation of any such recorded label, trade-mark, device or form of advertisement, or knowingly sells or disposes of, or keeps, or has in his possession with intent that the same shall be sold, any goods to which any such counterfeit or imitation of such recorded label, trademark, device or form of advertisement is attached or affixed, or on which the same is printed, painted, stamped or impressed, shall be punished for the first offense by a fine not exceeding one hundred dollars, or by imprisonment for less than one year, and for every subsequent offense by a fine of not less than one hundred, nor more than five hundred dollars, or by imprisonment for not less than sixty days,
nor more than three years. Unauthorized Sec. 34. Whoever willfully uses or displays the genuine label, trade
mark, device or form of advertisement of any such association or union, in any manner not authorized by such association or union, shall be punished by imprisonment for not more than six months, or by a fine not exceeding one hundred dollars; and, for a second offense, shall be punished by imprisonment for not less than thirty days nor more than one year, or by fine of not less than fifty nor more than three hundred dollars.
Sec. 35. Whoever in any way willfully uses the name or seal of any such association or union, or officer thereof, in and about the sale of goods or otherwise, without the authority of such association or union, shall be punished by imprisoninent for not more than six months, or by a fine not exceeding one hundred dollars; and, for a second offense shall be punished by imprisonment for not less thirty days nor more than one year, or by fine of not less than fifty nor ‘more than three
hundred dollars. Who may sue. Sec. 36. In all cases where such association or union is not incorpo
rated, suits and proceedings hereunder may be commenced and prosecuted by an officer or member of such association or union, for and in behalf of and for the benefit of such association or union.
Use of name, etc.
CHAPTER 40.—Bureau of labor. Separate bu- SECTION 40. The bureau of industrial and labor statistics shall con
stitute a separate and distinct department. The governor shall, with the advice and consent of the council, biennially, on the first Wednes.
day in February, appoint some guitable person identified with the Commissioner, industrial and labor interests of the State, who shall be designated com
missioner of industrial and labor statistics, with an office in such place
as shall be designated by the governor. Duties.
Sec. 41. The said commissioner shall collect, assort, systematize and present in annual reports to the governor, to be by him transmitted biennially to the legislature, statistical details, relating to all departments of labor in the State, and especially to the commercial, industrial, social, educational and sanitary condition of the laboring people, and to the permanent prosperity of the productive industries of the State; and shall also inquire into the immediate causes of strikes, lockouts or other disturbances of the relations between employers and employees.
Sec. 42. He may take and preserve evidence, examine witnesses under oath, and administer the same, and in the discharge of his duty, may enter any public institution of the State, and at reasonable
hours, when open for business, any factory, workshop, mine or other Information to place where labor may be employed. All State, county, city and be furnished.
town officers, are hereby directed to furnish to said commissioner upon his request, all statistical information in reference to labor and labor industries, which shall be in their possession as such officers.