« ForrigeFortsett »
8 o'clock p. m. and 6 o'clock in the morning in any factory, mine or textile manufactory of this State: Prorided, That children under the age of twelve, whose employment is permissible, under the provisions of this act, may be permitted to work after the hour of 8 p. m. in order to make up lost time, which has occurred from some temporary shut down of the mill, on account of accident or breakdown in the machinery, which has caused loss of time: Provided, however, That under no circumstances shall a child below
the age of twelve work later than the hour of 9 p. m. (hildren of SEC. 3. Children of a widowed mother and the children of a dependent par- totally disabled father, who are dependent upon their own labor
for their support, and orphan children who are dependent upon their own labor for their support, may be permitted to work in textile establishments of this State for the purposes of earning their support : Provided, That in the case of a child or children of a widowed mother or totally disabled father, the said mother or the said father, and in case of orphan children, the guardian of said children or person standing in loco pa rentis of said child or children, shall furnish to any of the persons named in section 4 of this act an affidavit duly sworn to by him or her before some magistrate or clerk of court of the county in which he or she resides, stating that he or she is unable to support the said chil. dren, and that the said children are dependent upon their own labor for their support, then, and in that case, the said child or children of the said widowed mother and the said disabled father and said orphan children shall not be affected by the prohibitions of section 1 of this act; and filing of said affidavit shall be full justification for their employment: Provided, further, That the officer before whom the said affidavit shall be subscribed shall indorse upon the back thereof his approval and his consent to the employment of said child or children. Any person who shall swear falsely to the facts set forth in said acts shall be guilty of perjury and shall be indictable as provided by law: Provided, further, That the employment of said child or children shall be sub
ject to the hours of labor herein limited. Violations by SEC. 4. Any owner, superintendent, manager or overseer of any employers ;
factory, mine or textile manufacturing establishment, or any other person in charge thereof or connected therewith, who shall knowingly employ any child contrary to the provisions of this act, shall be guilty of a misdemeanor, and for every such offense shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than
thirty days, at the discretion of the court. By parents, SEC. 5. Any parent, guardian or other person having under his
or her control any child, who consents, suffers or permits the employment of his or her child or ward under the ages as above provided, or who knowingly or willfully misrepresents the age of such child or ward to any of the persons named in section 4 of this act, in order to obtain employment for such child or ward, shall be deemed guilty of a misdemeanor, and for every such offense shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer
than thirty days, in the discretion of the court. School certifi- Sec. 6. Any parent, guardian or person standing in loco pa rentis,
who shall furnish to the persons named in section 4 of this act a certificate that their child or ward has attended school for not less than four months during the current school year, and that said child or children can read and write, may be permitted to obtain employment for such child or children in any of the tex. tile establishments of this State during the months of June, July and August, and the employment of such child or children during the said months upon the proper certificate that such child or children have attended school as aforesaid, shall not in [sic] be in conflict with the provisions of this act.
Sec. 7. In the employment of any child under the age of twelve Affidavit years in any factory, mine or textile manufacturing establish- age. ment, the owner or superintendent of such factory, mine or tex. tile manufacturing establishment shall require of the parent, guardian or person standing in loco parentis of such child, an affidavit giving the age of such child, which affidavit shall be placed on file in the office of the employer; and any person knowingly furnishing a false statement of the age of such child shall be guilty of a misdemeanor, and for every such offense shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, in the discretion of the court.
ACTS OF 1905.
Act No. 467.-Bribery, etc., of employees.
SECTION 1. Whoever corruptly gives, offers or promises to an off e ring agent, employee or servant, any gift or gratuity whatever, with bribes. intent to influence his action in relation to his principal's, employer's or master's business; or an agent, employee or servant who corruptly requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any particular manner in relation to his principal's, employer's or master's business; or an agent, employee or servant, who, being authorized to procure materials, supplies or other articles either by purchase or contract for his principal, employer or master, re ceives directly or indirectly, for himself or for another, a com
Accepting mission, discount or bonus from the person who makes such sa le bonus. or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor; and any peson who gives or offers such an agent, employee or servant such coinmission, discount or bonus, shall be punished by a fine of not more than five hundred dollars, or by such fine and by imprisonment for not more than one year.
ACT No. 487.-Payment of wages earned within the State.
SECTION 1. All debts due and to become due by all corporations What debts doing business in this State, to employees who reside in this State payable within
State. for labor or services rendered to such corporations within the limits of this State, shall be deemed or held to be due and payable within this State.
Act No. 488.-Relief departments-Settlements not a bar to legal
SECTION 1. When any corporation, firm or individual runs or Settlement operates what is usually called a relief department for its em- required. ployees, the members of which are required or permitted to pay dues, fees, money or other compensation, by whatever name called, to be entitled to the benefit thereof, upon the death or injury of the employee, a member of such relief department, such corpora.' tion, firm or individual, so running or operating the same, is hereby required to pay to the person entitled to the same the amount it was agreed the employee, his heirs or other beneficiary under such contract should receive from such relief department; the acceptance of which amount shall not operate to estop, or in
in lieu of damany way bar the right of such employee or his personal repre- ages. sentative from recovering damages of such corporation, firm or individual for personal injury or death caused by the negligence of such corporation, firm or individual, their servants or agents, as are now provided by law; and any contract or agreement to the contrary, or any receipt or release given in consideration of the payment of such sum, is and shall be null and void.
ACTS OF 1907.
Act No. 233.—Hours of labor of employees in cotton and woolen
Limit of ten SECTION 1. Ten hours a day, or sixty hours a week, shall conhours.
stitute the hours for working for all operatives and employees in cotton and woolen manufacturing establishments engaged in the manufacture of yarns, cloth, hosiery and other products for merchandise except mechanics, engineers, firemen, watchmen, teamsters, yard employees and clerical force. All contracts for longer hours of work other than herein provided in said manufacturing establishments shall be, and the same are hereby, declared null and void; and any person entering into or enforcing such contracts shall be deemed guilty of a misdemeanor, in each and every instance, and on conviction in a court of competent jurisdiction
shall be fined a sum of money not less than $25 nor more than Proviso. $100, or imprisonment not exceeding thirty days: Provided, That
nothing herein contained shall be construed as forbidding or preventing any such manufacturing company from making up lost time, to the extent of sixty hours per annum, where such lost time has been caused by accident or other unavoidable cause.
ACT No. 259,-Emigrant agents.
SECTION 1. No person shall carry on the business of an emigrant agent in this State without having first obtained a license therefor from the county treasurer of each county in which he solicits emigrants. Any person shall be entitled to a license, which shall be good for one year, upon payment into the county treasury, for the use of said county, two thousand dollars in each county in which he operates or solicits emigrants, for each year so engaged. Any person doing business of an emigrant agent without having first obtained said license, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine, not less than one thousand dollars and not more than five thousand dollars, or may be imprisoned in the county jail or on the public works not less than four months, or confined in the State prison, at hard labor, not exceeding two years for each and every offense, within the discretion of the court.
SEC. 2. The term “ emigrant agent", as contemplated in this act, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State, to be employed beyond the limits of the same.
Mine regulations-Inspector of mines.
SECTION 136. There shall be an inspector of mines appointed by the governor, by and with the advice and consent of the senate, who shall be a qualified elector of the State, not under thirty years of age, and who shall be practically acquainted with mines and mining in all its branches, and who is not the officer of, director in, or employee of, any mining company or corporation during his term of office, and who shall keep his office at Lead City, Lawrence County, this state, and whose term of office shall be two years, unless sooner removed by the governor.
Sec. 140. It shall be the duty of the inspector of mines to visit, enter, and examine in person any mine or piece of mining ground for the purpose of ascertaining the condition of the same in regard to its safety, ventilation and means of egress; and for this purpose he shall have access at any and all times to any
mine stopes, levels, winses, tunnels, drifts, crosscuts, shafts, works and machinery, for the purpose of such inspection: Pro
Provisos. vided, however, That the workings of such mine shall not be impeded or obstructed during such examination: Provided, further, That this inspection shall not be at the expense of the owner, lessor, lessee or agent of the mine being examined; but said owners, lessor, lessee or agent shall render such assistance as may be necessary to enable the inspector to make the required examination.
Sec. 141. Whenever the inspector of mines shall receive a Action formal complaint in writing, signed by three or more persons, complaint. setting forth that the nine in which they are employed is dangerous in any respect, he shall in person visit and examine such mine: Provided, Every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine, and shall describe with as much certainty as is possible how such danger, apparently or really, renders such mine dangerous, the time the cause of such danger was first observed, and shall distinctly set forth whether or not any notice of such danger has been given by the complainants, or anyone else to their knowledge, to the superintendent of such mine; and if no such complaint has been made to such superintendent, the reason why it has not been made. After such complaint shall have been received by the inspector of mines it shall be the duty of such inspector to serve a certified copy thereof, but without the names of the complainants, upon the superintendent or manager, or owner of such mine, at any time before he visits the same, and, as soon as possible, to visit such mine; and if from examination he shall ascertain that the said mine is from any cause in a dangerous condition, he shall at once notify the owner, lessor, lessee or agent thereof; such notice to be in writing and to be served by copy on such owner, lessor, lessee or agent in the same manner as provided by law for the serving of legal notices or process; and said notice shall state fully and in detail in what particular manner said mine is dangerous or insecure, and shall require all necessary changes to be made without delay for the purpose of making such mine safe for the laborers employed therein; and in case of any criminal or civil procedure at law against the party or parties so notitied, on account of loss of life or bodily injury sustained by any employee subsequent to such notice, and in consequence of a neglect to obey the inspector's requirement a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so complained of. Nothing herein shall be so construed as to give the control of any mine to the mine inspector or allow him to interfere with the working of any mine.
Sec. 142. It shall be the duty of the inspector of mines, at least Annual in. once in each year, to visit each mining county in South Dakota spection. and examine as many of the mines in the different counties as practicable, and shall make such recommendations as in his judgment are necessary to insure the safety of the workmen employed therein; and whenever, from his examination, he shall find any mine to be in an unsafe condition he shall at once serve a notice upon the owner, lessor, lessee or agent thereof, as provided for in the preceding section.
Sec. 143. Whenever a serious or fatal accident shall occur in Accidents. any mine in South Dakota it shall be the duty of the owner, lessor, lessee, agent or superintendent thereof to immediately and by the quickest means, notify the inspector of mines; and upon receiving such notice the inspector in person shall at once repair to the place of accident and investigate fully the cause of such accident; and whenever possible to do so the inspector shall be present at the coroner's inquest held over the remains of the person or persons killed by such accident, and shall testify as to the cause thereof, and shall state whether in his opinion the accident was due to the negligence or mismanagement of the lessor, lessee, owner or agent of such mine, or the manager, superintendent or other persons in
If the inspector can not be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the superintendent, owners or persons in charge of the mine to have written statements made by those witnessing the same and duly sworn to. In case of no person being present at the time of the accident, then the statement of those first present shall be taken which statement shall be sworn to before some person qualified to administer oaths; and such sworn statements shall be placed in
the hands of the inspector upon the demand of that officer. Penalty. Sec. 144. Any owner, lessor, lessee or agent of any mine who
shall fail to comply with the provisions of the preceding section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars,
and not less than two hundred dollars. Employment Sec. 145. All corporations or individuals working mines in South of children.
Dakota who shall employ, or permit to be employed, in such mines any children under fourteen years of age shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by
a fine not exceeding one thousand dollars. Application of SEC. 146. The provisions of this article shall not apply to mines law.
in which no other person but the owner or owners, or lessees
thereof, are permitted to work. Annual re- Sec. 147. The inspector of mines shall make a report to the govport.
ernor of South Dakota on the fifteenth day of November of each year, and said report shall enumerate all accidents that have oc. curred in the mines of South Dakota, which have occasioned seri. ous injury or resulted fatally to persons employed therein, together with the nature and cause of such accident. Said report shall also contain statistical and other information which may tend to promote the development of the mineral resources of South Dakota ; and shall generally set forth the result of the inspector's labors for the year. Such report shall be printed as are the reports of other State officers.
Time to vote to be allowed employees.
Two hours to SECTION 1924. Any person entitled to vote at any election held be allowed.
within this State shall, on the day of such election be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls, and such voter shall not because of so absenting himself be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or wages: Provided, however, That application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee muy absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or who shall directly or indirectly violate the provisions of this section, shall be guilty of a misdemeanor.
Mine regulations--Safety apparatus.
Safety cages, SECTION 2581. It shall be unlawful for any person to sink or etc.
work through any vertical or inclined shaft, where mining cages are used, at a greater depth than two hundred feet unless the said shaft is provided with an iron bonneted safety cage, to be used in lowering and hoisting employees or any other persons into or from such shaft. The safety apparatus, whether consisting of eccentrics, springs or other devices, must be securely fastened to the cage and be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet must be made of boiler sheet iron of good quality, at least three-sixteenths of an inch in thickness, and must cover the top of the cage in