Barbering.

Injuries re

defective machinery, etc.

on Sunday; nor shall it be so construed as to prevent families emigrating from traveling, or watermen from landing their passengers, or keepers of toll bridges, tollgates or ferries from attending the same, on Sunday.

SEC. 7033-1. Any person who engages in the business of barbering on Sunday shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifteen dollars, and upon a subsequent conviction for a like offense shall be fined not less than twenty dollars and not more than thirty dollars, or imprisoned in the county jail for a period of not less than twenty days nor more than thirty days, or be both fined and imprisoned at the discretion of the court.

This section is not in conflict with the constitution. 84 N. E. Rep. 419.

ACTS OF 1902.

Liability of employers for injuries to employees.
(Page 114.)

SECTION 1. An employer shall be responsible in damages for sulting from personal injury caused to an employee, who is himself in the exercise of due care and diligence at the time, by reason of any defect in the condition of the machinery or appliances connected with or used in the business of the employer, which arose from, or had not been discovered or remedied owing to the negligence of the employer, or of any person in the service of the employer, entrusted by him with the duty of inspection, repair, or of seeing that the machinery or appliances were in proper condition.

Railroads-Passenger trains not to be run without a full crew. (Page 343.)

SECTION 1. It shall be unlawful for any railroad company doing business in the State of Ohio, to run over its road, or part of its road, outside of the yard limits, any passenger train with five cars or less, carrying passengers, with less than a full passenger crew, consisting of one engineer, one fireman, one conductor and one brakeman; for more than five cars, two brakemen; and on trains of more than two cars the said brakemen shall not be required to perform the duties of the baggage master or express agent while on the road: Provided, That nothing in this section shall apply to trains picking up a car or cars between terminals in this State, or to trains propelled by electricity.

SEC. 2. Any superintendent, or train master, or their assistants, or other employee of any railroad company doing business in the State of Ohio, who shall send out on the road, or cause to be sent out on the road, outside of yard limits, any passenger train, whose crew consists of a less train crew than that stated in section one of this act, shall be guilty of a misdemeanor, and on conviction before any police judge, mayor or justice of the peace having jurisdiction, shall be fined not less than twenty-five dollars for each offense.

SEC. 3. It shall be the duty of the commissioner of railroads and telegraphs to have this law enforced.

Examination and licensing of horseshoers.

(Page 450.)

SECTION 1. It shall be unlawful for any person to be engaged in or working at the business of a horseshoer exclusively in this State without having first received a license to do so, as hereinafter provided.

SEC. 2. There shall be a State board of examiners consisting of four practicing horseshoers and one veterinary surgeon, two of said horseshoers shall be master horseshoers and two shall be journeymen horseshoers, and such veterinary surgeon shall not be

engaged in the practice of horseshoeing during his term or service in said board; and should either of said journeymen horseshoers become a master horseshoer, or either of said master horseshoers become a journeyman horseshoer during the said term of office, he shall thereupon cease to be a member of said board, and his place shall thereupon become vacant. All vacancies occurring as aforesaid, or by death, resignation, or in any other manner, shall be filled in the same manner as provided for the original appointment. The members of said board shall be appointed by the governor of the State and shall hold office for the term of five years, and until their successors shall be duly appointed and qualified, except that the terms of the members of said board first appointed hereunder shall be one, two, three, four, and five years respectively.

SEC. 3. Said board shall organize by choosing one of its mem- Organization, bers as president, one as secretary, and one as treasurer thereof, etc. who shall give bond in such sum as the board may determine, and said board shall meet at least three times a year and as much oftener and at such times and places as it may deem necessary. The board shall keep a complete record of all its proceedings; and a copy from its records certified by the secretary shall be competent evidence in all courts. A majority of said board shall constitute a quorum, and the proceedings thereof shall at all times be open to public inspection. A special meeting shall be called upon the written request of two members of said board, one being a master horseshoer and the other a journeyman horseshoer, signed by the president or secretary of the said board.

tion.

SEC. 4. It shall be the duty of every person who is now exclu- License withsively engaged in the business of horseshoeing in the State of out examinaOhio to file a written application stating his or her name and resiIdence with said board of examiners within six months after the passage of this act. Upon receipt of such application it shall be the duty of said board to investigate the facts stated therein, and if said board be satisfied that the facts so stated are true, it shall be the duty of the said board to record the facts stated in the application in a register kept for that purpose; and every person who shall be so registered by the said board as a horseshoer may continue practicing such vocation without incurring the penalties herein provided for, and shall be entitled to be licensed for one year in accordance with the provisions of this act. SEC. 5. No person whose name is not registered upon the books of said board within the time prescribed in the preceding section required. shall be permitted to engage in the business of horseshoeing within this State until such person shall have been duly examined by said board and regularly licensed in accordance with the provisions of this act.

Examination

SEC. 6. The necessary qualifications for all persons not regis- Qualifications tered in accordance with the preceding section, within six months of applicants. after the passage of this act to engage in the exclusive business of horseshoeing, in this State, shall be that the applicant has served a three years' apprenticeship or worked for four years at the business of horseshoeing exclusively and shall pass an examination before the said board of examiners. Said examination shall test the knowledge of the applicant on physiology and workmanship. The examination on physiology shall consist in naming Examination. the bones of the hoof and leg of a horse from the shoulder down; also the hind leg, from the hip down, and in pointing out the various divisions of the hoof and leg, and naming them; also the articulation, ligaments, tendons, and muscles attached to the bones; also the circulatory apparatus[,] veins, and arteries, of the hoof and leg and the nerve supply to the same. The examination on workmanship shall include a statement of the causes of the different defects of the foot, and their remedy; also the competency of the applicant to shoe a horse completely, viz: to make the four shoes and to heel and toe the shoes; to dress the hoof, fit the shoes, and to properly nail them on.

License to be

SEC. 7. All persons who shall so desire may appear before said board at any of its meetings and be examined with reference to given.

their knowledge of the anatomy of the horse's foot and the mechanical skill necessary in shoeing the same; and if, upon such examination, any such person shall prove himself competent to the satisfaction of said board, said board shall issue to such person a license to practice for one year in this State as a horseshoer, and after the expiration of such year, and from year to year Relicensing. thereafter, any person so licensed, or licensed in accordance with section four (4) of this act, shall be relicensed without examination upon application to said board.

Temporary li

cense.

Penalty.

Fees.

SEC. 8. The secretary of said board, shall issue a temporary license on the recommendation of two members of said board, one of whom shall be a master and the other a journeyman, to any applicant upon the presentation by such applicant of the evidence of the necessary qualifications to practice as horseshoer, and said board may provide such method of temporary examination as it may deem wise, and such temporary license shall remain in force until the next meeting of said board occurring after the date of such temporary license, and no longer. All licenses issued under this act shall be signed by the secretary and countersigned by the president of said board.

SEC. 9. Any person who shall violate this act by engaging in horseshoeing contrary to the provisions hereof shall be guilty of a misdemeanor and shall be liable to prosecution before any court of competent jurisdiction, and, upon conviction, shall be fined not less than twenty-five dollars ($25) nor more than two hundred dollars ($200) for each and every offense. All fines recovered under this act shall be paid into the common school fund of the county in which said conviction takes place. It shall be the duty of the said board to secure the prosecution of all persons violating the provisions of this act.

SEC. 10. In order to carry out the provisions of this act, and to provide a fund for the maintenance of the said board of examiners, each person, applying to or appearing before said board for examination for license to practice as a horseshoer shall pay into the treasury of said board a fee of five dollars ($5), and for registration and license without examination within six months from the passage of this act, in accordance with the provisions of section four (4), one dollar ($1), and for each yearly renewal of a license fifty cents ($0.50); and out of the funds coming into the possession of the said board from fees so charged, the members of Compensation said board shall receive as compensation the sum of five dollars of board. ($5) per diem for each and every day that they are necessarily engaged in the discharge of the duties of their office, and all necessary expenses incurred by said board, but no part of the salary of the said board or other expense shall be paid out of the State treasury. The said secretary of this board to receive the same per diem as the other members when in actual service, and in addition thereto, an annual salary not to exceed two hundred and fifty dollars ($250) per year; said sum to be determined by a majority of said board. All moneys received in excess of said per diem allowance and other expenses above provided for, shall be held by the treasurer of said board, and shall not be paid out, used or expended by him except in accordance with a resolution duly passed by said board, and said board shall make an annual report of its proceedings to the governor by the 15th of December of each year showing the names of all horseshoers licensed, their place of business and the moneys received and disbursed by them pursuant to this act. All moneys over five hundred dollars ($500) in the hands of the treasurer of the board on making his annual report to the governor, shall be turned over into the State treasury to the credit of the common school fund.

Report.

Apprenti ce

quired.

SEC. 11. No person shall present himself for examination as ship, etc., re- above provided as an applicant for a license until he shall have served a three years' apprenticeship at horseshoeing, nor unless he has attended a course of lectures devoted to the anatomy of horse's feet for one school year in some institution of learning: Provided, however, If no institution affording such instruction

shall have been convenient to the applicant's place of residence, the board may, upon finding that the applicant has by other means acquired a satisfactory knowledge of such subject, dispense with said qualification. Applicants who are not found qualified by said board may present themselves again for examination after the expiration of six months.

Notice to be

SEC. 12. It shall be the duty of the secretary of said board to notify all practicing horseshoers in the State after said board has given. been appointed by [cf] the provisions of this act within thirty (30) days after said board shall have been appointed: Provided, That the failure of said secretary to so notify any horseshoer, or the failure of any horseshoer to receive said notice, shall not be a defense to any prosecution begun in accordance with the provisions of this act.

Railroads-Through freight trains not to be run without a full

crew.

(Page 522.)

Full crew re

SECTION 1. It shall be unlawful for any railroad company in the State of Ohio, that runs more than four freight trains in every quired. twenty-four hours, to run over their road, or any part thereof, outside of yard limits, any through freight train with less than a full train crew, consisting of five persons; one engineer, one fireman, one conductor, and two brakemen except that a light engine without cars shall have the following crew: One engineer, one fireman, and one conductor or flagman when running a distance of more than twenty-five miles from starting point.

SEC. 2. Any superintendent or his assistants or other officer, Penalty. or employee of any railroad company doing business in the State of Ohio, who shall send out on the road, or cause to be sent out on any road, that runs more than four freight trains in twentyfour hours, any through freight train whose crew consists of less than those named in section one of this act, shall be guilty of a misdemeanor, and shall be fined not less than twenty-five dollars for each offense, [.] the probate courts of the several counties of this State shall have final jurisdiction of offenses under this act. SEC. 3. It shall be the duty of the commissioners [commissioner] of railroads and telegraphs to enforce this act.

ACTS OF 1904.

Mine regulations-Provisions for accidents.

(Page 63.)

Enforcement.

quired.

SECTION 1. It shall be the duty of operators or superintendents Appliances reto keep at the mouth of drift, shaft or slope, where more than ten miners are employed, or at such other place about the mine as shall be designated by the State or district mine inspector, a stretcher properly constructed, and a woolen blanket and a waterproof blanket in good condition, for use in carrying away any person who may be injured at the mine.

Provided, That where more than four hundred persons are employed, two stretchers and two woolen blankets and two waterproof blankets shall be kept. And in mines generating fire damp a sufficient quantity of linseed or olive oil, bandages and linen shall be kept in store at the mine for use in emergency, and bandages shall be kept at all mines.

Proviso.

Railroads-Illiterate employees.

(Page 72.)

Employment

SECTION 1. No person, firm or corporation, owning, operating or controlling any railroad, running through or within the State of forbidden. Ohio, shall employ as flagman or hostler, or assistant hostler,

within said State, any person who can not read and write and speak the English language; but this act shall not apply to flagmen at street or highway crossings.

SEC. 2. Any person, firm, or corporation who shall violate the provisions of the foregoing section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five hundred dollars ($500), or more than one thousand dollars ($1,000).

Elections-Time to vote to be allowed employees.

(Page 185.)

SECTION 6. The first Tuesday after the first Monday in November of each year, from and between the hours of five-thirty o'clock a. m. and nine o'clock a. m., shall be, for election purposes only, a legal part holiday. And no person who is an elector shall be compelled or required to perform any labor between said hours, nor shall any employer or his or its officers or agents discharge any such person because he fails or refuses to labor between said hours, or require or order such employee to accompany him to the voting place of such employee; and any person violating any of the provisions of this act, shall, upon conviction be fined not more than twenty-five dollars.

Railroads-Structures near tracks.

(Page 274.)

SECTION 1. No person, firm or corporation, owning, operating or controlling any railroad running through or within the State of Ohio, shall erect or permit to be erected, place or maintain along the line of said railroad, any mail crane or live stock chute, any portion of which shall approach nearer than eighteen inches to the nearest point of contact with the cab of the widest locomotive that is now or hereafter may be operated or used on such railroad. SEC. 2. Any person, firm or corporation who shall violate the provisions of the foregoing section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

Inspection of factories—Manufacture of explosives.

(Page 302.)

SECTION 1. All persons, partnerships and corporations, within the State of Ohio, now engaged in manufacturing, selling, handling or storing powder, dynamite, nitroglycerine, fuses or other explosives and their compounds, shall on or before the 15th day of September, 1904, file with the chief inspector of workshops and factories, upon blanks which shall be furnished by such inspector upon application, a statement of the location of each factory, storehouse, or magazine, owned or controlled by such person, corporation or partnership, together with the character of the explosive manufactured, the quantity stored or kept on hand, the number of persons employed there, and the distance such factory, storehouse, or magazine is located from the nearest factory, workshop, or mercantile or other establishment, occupied dwelling, church, schoolhouse or building in which people are accustomed to assemble, railroad or public highway. Each report filed shall be examined by the chief inspector of workshops and factories, and submitted to the inspector of high explosives who shall make a personal examination of each factory, storehouse and magazine, and if upon such examination, such factory, storehouse or magazine in his judgment shall be found to be located at a safe distance from [any] factory, workshop, mercantile or other establishment, occupied dwelling, church, schoolhouse or building in which people are