act, who knowingly and willfully violates or fails to comply with any of the provisions of this act shall be fined not less than five nor more than one hundred dollars. False certifi SEC. 45. Any person authorized to sign any certificate, affidavit or paper called for by this act, who knowingly certifies to cations. any materially false statement therein, shall be fined not less than five dollars nor more than one hundred dollars. reinfor SEC. 46. Any child working in or in connection with any of the Children fusing establishments or places or in any of the occupations mentioned mation. in this act, who refuses to give to the State child labor inspector his or her name, age and place of residence, shall be forthwith conducted by the inspector before the juvenile court if there be any juvenile court in the city where such child resides or if not before any justice of the peace of the State of Delaware, for examination and to be dealt with according to law. SEC. 47. Any person who, either for himself or herself or as agent of any other person or of any corporation, furnishes or sells to any minor any article of any description with the knowledge that said minor intends to sell said article in violation of the provisions of this act, or who shall continue to furnish or sell articles of any description to a minor after having received written notice from the State child labor inspector, or from the person issuing the permit and badge required by section 28, that said minor is unlicensed to sell such articles, shall be punished by a fine of not less than five dollars or more than two hundred dollars, or by imprisonment for not less than ten days nor more than thirty days, or by both such fine and imprisonment. SEC. 48. Any justice of the peace of the State of Delaware shall have jurisdiction of any offense arising under this act, but any person, firm or corporation convicted of such offense before any such justice of the peace, shall have the right to appeal to the court of general sessions of the State of Delaware in and for the county in which said conviction was had, upon giving bond in the sum of one hundred dollars to the State of Delaware with surety satisfactory to the said justice of the peace by whom said person was convicted: Provided, Such appeal shall be taken and bond given within three days from the time of said conviction. SEC. 49. That the Delaware child labor commission shall appoint some suitable person, within thirty days after this act shall go into effect, who shall be known and be the "State child labor inspector," who shall serve for the term of two years from the time of said appointment and whose duties shall be as herein prescribed. Any vacancies arising in the office of the State child labor inspector by death, resignation, removal from the State, expiration of term or otherwise shall be filled by the Delaware child labor commission as herein provided. The State child labor inspector shall have no other gainful occupation than the performance of his duties as herein set forth and he shall receive a salary of eighteen hundred [dollars] ($1800) per year payable in equal monthly installments by the State treasurer out of any State funds in his hands not otherwise appropriated. The State child labor inspector shall likewise have a contingent fund not exceeding three hundred dollars ($300) per year for the purpose of office expenses, traveling expenses and such other incidental expenses as may be attached to said office in the performance of his duties as herein provided, which contingent expenses shall be paid by the State treasurer out of any State funds in his hands not otherwise appropriated, upon the requisition of the State child labor inspector setting forth the uses to which said fund is to be put by him. SEC. 50. This act may be cited as the uniform Child Labor Law. It shall be so interpreted and construed as to effectuate its general purposes and objects. 39387°-Bull. 148-14- -29 Selling to children. Jurisdiction. Child inspector. labor Construction of act. DISTRICT OF COLUMBIA. CODE. [Approved March 3, 1901; amended January 31 and June 30, 1902.] Employment of children-Certain employments forbidden. mendicant oc cupations. SECTION 814. * * * Any person, having in his custody or con- Acrobatic and trol a child under the age of fourteen years, who shall in any way dispose of it with a view to its being employed as an acrobat, or a gymnast, or a contortionist, or a circus rider, or a ropewalker, or in any exhibition of like dangerous character, or as a beggar, or mendicant, or pauper, or street singer, or street musician; or any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child of the age last named for any of the purposes last enumerated, shall be deemed guilty of a misdemeanor, and, when convicted thereof, shall be subject to punishment by a fine of not more than two hundred and fifty dollars, or by imprisonment for a term not exceeding two years, or both. Hours of labor on public works. SECTION 892 (as amended by chapter 106, Acts of 1912-13). [See under United States, section 3738 (p. 2521, Act of Aug. 1, 1892, as amended by chapter 106, Acts of 1912-13).] Exemption of wages from attachment, etc. Certain earn SECTION 1107. The earnings, not to exceed one hundred dollars each month, of all actual residents of the District of Columbia ings exempt. who provide for the support of a family in said District, for two months next preceding the issuing of any writ or process from any court or officer of and in said District, against them, shall be exempt from attachment, levy, seizure, or sale upon such process, and the same shall not be seized, levied on, taken, reached, or sold by attachment, execution, or any other process or proceedings of any court, judge, or other officer of and in said District. Liability of common carriers for injuries to employees. SECTION 1303a. 1. Every common carrier engaged in trade or commerce in the District of Columbia, or in any Territory of the United States, or between the several States, or between any Territory and another, or between any Territory or Territories and any State or States, or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, shall be liable to any of its employees, or, in the case of his death, to his personal representative for the benefit of his widow and children, if any, if none, then for his parents, if none, then for his next of kin dependent upon him, for all damages which may result from the negligence of any of its officers, agents, or employees, or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways, or works. Liability for Negligence of employees; Defects. Comparative 2. In all actions hereafter brought against any common carriers to recover damages for personal injuries to an employee, negligence. or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence shall be for the jury. Contracts of 3. No contract of employment, insurance, relief benefit, or inexemption. demnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee: Provided, however, That upon the trial of such action against any common carrier the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the injured employee, or, in case of his death, to his personal representative. Limitation. Scope of law. Age limit. 4. No action shall be maintained under this act, unless commenced within one year from the time the cause of action accrued. 5. Nothing in this act shall be held to limit the duty of common carriers by railroads or impair the rights of their employees under the safety-appliance act of March second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three. This act was held to be unconstitutional by the Supreme Court of the United States, in a case involving interstate commerce, on the ground that it included in its terms interstate commerce as well, in excess of the powers of Congress to legislate. 28 Sup. Ct. Rep. 141. It was held in a later case by the court of appeals of the District of Columbia, that, as Congress had plenary power to legislate for the Territories and the District of Columbia, the law is valid in so far as it applies to these jurisdictions. 36 Wash. Law Rep. 374. The law is valid and of paramount authority in the Territories and the District of Columbia. 215 U. S. 87, 30 Sup. Ct. 21. APPENDIX. Liability of railroad companies for injuries to employees. (Page 412.) [See under United States, chapter 149, Acts of U. S. Congress, 19)7-8.] Railroads-Safety appliances. (Page 414.) [See under United States, chapter 976, Acts of U. S. Congress, 1902–3.] Hours of labor of employees on railroads. (Page 415.) [See under United States, chapter 2939, Acts of U. S. Congress, 1906–7.] Employment of children-General provisions. (Page 441.) SECTION 1. No child under fourteen years of age shall be employed or permitted to work in the District of Columbia in any factory, workshop, mercantile establishment, store, business office, telegraph or telephone office, restaurant, hotel, apartment house, club, theater, bowling alley, laundry, bootblack stand, or in the Employment distribution or transmission of merchandise or messages. No such during school child shall be employed in any work performed for wages or other compensation, to whomsoever payable, during the hours when the public schools of the District of Columbia are in session, nor be Nightwork. fore the hour of six o'clock in the morning or after the hour of time. seven o'clock in the evening: Provided, That the provisions of this section shall not apply to children employed in the service of the Senate: And provided further, That the judge of the juvenile court of said District may, upon the application of the parent, guardian, or next friend of said child, issue a permit for the employment of any child between the ages of twelve and fourteen years at any occupation or employment not in his judgment dangerous or injurious to the health or morals of such child, upon evidence satisfactory to him that the labor of such child is necessary for its support, or for the assistance of a disabled, ill, or invalid father or mother, or for the support in whole or in part of a younger brother or sister or a widowed mother. Such permits shall be issued for a definite time, but they shall be revocable at the discretion of the judge by whom they are issued or by his successor in office. Hearings for granting and revoking permits shall be held upon such notice and under such rules and regulations as the judge of said court shall prescribe. Permits when. A ge and schooling cer tificate. SEC. 2. No child under sixteen years of age shall be employed or permitted to work in the District of Columbia in any of the establishments named in section one, unless the person or corporation employing him procures and keeps on file and accessible to the inspectors authorized by this act and the truant officers of the District of Columbia an age and schooling certificate, and keeps two complete lists of all such children employed therein, one on file and one conspicuously posted near the principal entrance of the building in which such children are employed. SEC. 3. An age and schooling certificate shall be approved only Approval. by the superintendent of public schools, or by a person authorized by him in writing, who shall have authority to administer the oath provided for therein, but no fee shall be charged therefor. SEC. 4. No age and schooling certificate shall be approved unless satisfactory evidence is furnished by duly attested transcript of the certificate of birth or baptism of such child, or other religious record, or the register of birth or the affidavit of the parent or guardian or custodian of a child, which affidavit shall be required, however, only in case such last-mentioned transcript of the certificate of birth be not procured and filed, showing the place and date of birth of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath, and who shall not demand or receive a fee therefor. SEC. 5. The age and schooling certificate of a child under six teen years of age shall be in the following form: AGE AND SCHOOLING CERTIFICATE. This certifies that I am the (father, mother, guardian, or custodian) of (name of child) and that (he or she) was born at (name of town or city) of county, if known) (day and year of birth) Signature of (father, mother, guardian, or custodian). (Date.) There personally appeared before me the above-named (name of person signing) and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing certificate of (name of child) -; complexion (fair or dark), -; hair (color), having no sufficient reason to doubt that (he or she) is of the age therein certified, I hereby certify that (he or she) can read at sight and can write legibly simple sentences in the English language, and that (he or she) has reached the normal development of a child of (his or her) age, and is in sound health and is physically able to perform the work which (he or she) intends to do, and that (he or she) has regularly attended the public schools, or a school equivalent Evidence. Form. |