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authority to contract for the employment of persons as operatives in any factory or manufacturing establishment who shall engage or contract with any female or any child under fourteen years of age to work as an operative in such factory or manufacturing establishment during more than ten hours in any one day of twentyfour hours shall be guilty of a misdemeanor, and be fined not less than five nor more than twenty dollars.
SEC. 3657bb. No child under the age of fourteen years and over Night work. twelve years of age shall be employed in any manufacturing, mechanical, or mining operations in this Commonwealth to work between the hours of six o'clock postmeridian and seven o'clock antemeridian; and that no child under the age of twelve years shall be Age limit. employed in any manufacturing, mechanical, or mining operation in this Commonwealth; and any owner, agent, superintendent, overseer, foreman, or manager of any manufacturing, mechanical, or mining operation who shall knowingly employ, or permit to be employed, in the operation of which he is owner, agent, superintendent, overseer, foreman, or manager any child contrary to the provisions of this act, and any parent or guardian who allows or consents to such employment of his child or ward, shall, upon conviction of such offense, be fined not less than twenty-five dollars nor more than one hundred dollars.
SECTION 3657c. No corporation, manufacturer, or manufacturing Blacklisting company doing business in this State, or any agent or attorney of forbidden. such corporation, manufacturer, or manufacturing company, after having discharged any employee from the service of such corporation, manufacturer, or manufacturing company shall willfully and maliciously prevent or attempt to prevent by word or writing, directly or indirectly, such discharged employee from obtaining employment with any other person or corporation. For any violation of this section the offender shall be guilty of a misdemeanor, and shall on conviction thereof be fined not less than one hundred nor more than five hundred dollars. But this section shall not be construed as prohibiting any corporation, manufacturer, or manufacturing company from giving in writing on application from any other person or corporation a truthful state ment of the reason for such discharge.
Payment of wages.
SECTION 3657d. 1. All persons, firms, companies, corporations, or Application associations in this Commonwealth engaged in mining coal, ore, or
of law. other minerals, or mining and manufacturing them or either of them, or manufacturing iron or steel, or both, or any other kind of manufacturing shall pay their employees as provided in this act.
2. All persons, firms, companies, corporations, or associations Monthly pay engaged in the business aforesaid shall settle with their em- day. ployees at least once in each month and pay them the amounts due them for their work or services in lawful money of the United
Lawful mon. States or by the cash order as described and required in section ey. three of this act: Provided, That nothing herein contained shall affect the right of an employee to assign the whole or any part of his claim against his employer. 3. * it shall not be lawful for any person, firm, com- Scrip, etc., to
be redeemable. pany, corporation, or association engaged in the business aforesaid, their clerk, agent, officer, or servant in this State to issue for payment of labor any order or other payment whatever unless the same purports to be redeemable for its face value in lawful money of the United States made payable on demand and without condition to employee or bearer, bearing interest at legal rate and redeemable by the person, firm, company, corporation, or association giving, making, or issuing the same; and any person, firm, company, corporation, or association engaged in the business afore
said, their clerks, agents, officers, or servants, who shall issue for payment of labor any paper or order other than the one herein specified in violation of this section shall be guilty of a misde meanor, and upon conviction shall be fined in any sum not es
ceeding one hundred dollars in the discretion of the court. Company
it shall be unlawful for any person, firm, company, corporation, or association engaged in mining or manufacturing, either or both, as aforesaid, and who shall likewise be either engaged or interested directly or indirectly in merchandising as owner or otherwise in any money per centum, profit, or commission arising from the sale of any such merchandise, their clerks, servants, officers, or agents to knowingly and willfully sell or cause to be sold to any employee any goods, merchandise, or supplies whatever for a greater per centum of profit than mercban. dise and supplies of like character, kind, quality, and quantity are sold to other customers buying for cash and not employed by them; and shall any person or member of any firm, company, corporation, or association, his or their clerk, agent, or servant violate this section of this act they shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding one hundred dollars in the discretion of the court.
Negligence of drivers, conductors, etc. Negli gence SECTION 3682. If any driver, conductor, or captain of any vehicausing injury. cle or boat for public conveyance, in the management of such
vehicle or boat, willfully or negligently inflict[s] bodily injury on any person, he shall be punished as for a misdemeanor.
Certain employments of children forbidden. Acrobatic, SECTION 3795a.
(2) It shall be unlawful for any permendicant, etc., occupations.
son having the care, custody, or control of any child under the age of fourteen years to sell, apprentice, give away, let, or hire out, or otherwise dispose of such child to any person in or for the vocation or occupation, service, or purpose of rope or wire walking, begging or peddling, or as a gymnast, contortionist, rider, or acrobat in any place whatsoever, or for any obscene, indecent, or immoral purpose, exhibition, or practice whatsoever, or for or in any business, exhibition, or vocation injurious to the health or morals or dangerous to the life or limb of such child, or cause, procure, encourage, or permit any such child to engage therein.
(3) It shall also be unlawful for any person to take, receive, hire, employ, use, exhibit, or have in custody any child under the age aforesaid for any of the purposes prohibited in the second section (paragraph] of this act (sec. 3795a).
(6) Whenever any person or persons having the care or custody of any child within the age previously mentioned in this act shall engage, hire out, or use such child in or for any business, exhibition, vocation, or purpose prohibited in this act, or shall permit the use of such child therefor, and shall be convicted of the same, the court or magistrate before whom such conviction is had may at his discretion if he should think it desirable for the welfare of such child deprive the person or persons so convicted of the custody of such child, and thereafter such child shall be deemed in the custody of the court, and thereupon such proceedings shall be had as to the commitment, custody, care, and education of such child as are provided for in section five of this act [for vagrant or destitute children).
(7) A person convicted under any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by fine not exceeding two hundred dollars or by imprisonment in jail not exceeding twelve months or both.
(8) In this act the word “person " shall be construed to include corporations, partnerships, companies, and associations, as well as individuals.
SECTION 3799. If a person, on a Sabbath day, be found laboring Sunday labor at any trade or calling, or employ his apprentices or servants in forbidden. labor or other business, except in household or other work of necessity or charity, he shall forfeit two dollars for each offense. Every day any servant or apprentice is so employed shall constitute a distinct offense.
SEC. 3800. The forfeiture, declared by the preceding section, Observance of shall not be incurred by any person who conscientiously believes the seventh
day. that the seventh day of the week ought to be observed as a Sabbath, and actually refrains from all secular business and labor on that day, provided he does not compel an apprentice or servant, not of his belief, to do secular work or business on a Sunday, and does not on that day disturb any other person.
SEC. 3801. No railroad company, receiver, or trustee controlling Running or operating a railroad, shall, by any agent or employee, load, trains, etc. unload, run, or transport upon such road on a Sunday, any car, train of cars, or locomotive, nor permit the same to be done by any such agent or employee, except where such cars, train, or locomotives are used exclusively for the relief of wrecked trains, or trains so disabled as to obstruct the main track of the railroad; or for the transportation of the United States mail; or for the transportation of passengers and their baggage; or for the transportation of live stock; or for the transportation of articles of such perishable nature as would be necessarily impaired in value by one day's delay in their passage: Provided however, That if it should be necessary to transport live stock or perishable articles on a Sunday to an extent not sufficient to make a whole train load, such train load may be made up with cars loaded with ordinary freight.
This act is constitutional. Running empty coal cars on Sunday to a mine in West Virginia is a violation. 24 S. E. Rep. 837.
SEC, 3802. The word Sunday" in the preceding section shall Definition, be construed to embrace only that portion of the day between sunrise and sunset; and trains in transitu having started prior to twelve o'clock on Saturday night, may, in order to reach the terminus or shops of the railroad, run until nine o'clock the following Sunday morning, but not later.
SEC. 3803. Any railroad company, receiver, or trustee violating Penalty. the provisions of section thirty-eight hundred and one, shall be deemed to have committed a separate offense in each county or corporation in which such car, train of cars, or locomotive shall run, or in which such car or train of cars shall be loaded or unloaded; and shall be fined not less than fifty nor more than one hundred dollars for each offense.
SEC. 3803a. No steamboat company shall by any agent or em- Running ployee load or unload on a Sunday any steamship or steamboat
steamboats. arriving at any port or landings on the bays, rivers, or other waters of this state or permit the same to be done by any such agent or employee except where such steamship or steamboat is for the transportation of the United States mails, or for the transportation of passengers and their baggage, or for the transportation of through freight in transitu, or of live stock, or of articles of such perishable nature as would be necessarily impaired in value by one day's delay in their passage: Provided, That nothing in Proviso. this act shall be construed as preventing any steamship or stea mboat arriving at any port or landing on the bays, rivers, and other waters of this State not its final point of destination from unloading any and all freight intended for delivery at such intermediate port or landing or from loading and taking on any and all freight intended for shipment from such intermediate port or landing to the final destination of said steamship or steamboat. Any steamship or steamboat company violating the provisions of this act shall be deemed to have committed a separate offense in each
county or corporation in which said steamship or steamboat shall land and be unloaded, and shall be fined in a sum not less than fifty nor more than one hundred dollars for each offense.
Labor agents. SECTION 128. Any person who hires or contracts with laborers male or female, to be employed by persons other than himself, shall be deemed to be a labor agent; and no person shall engage in such business without having first obtained a license therefor. Every person who shall without a license conduct business as a labor agent, shall pay a fine of not less than one hundred dollars, nor more than five hundred dollars.
SEC, 129. Every person who engages in the business of a labor agent shall pay twenty-five dollars for the purpose of transacting said business, but before any such license shall be issued, the applicant shall produce a certificate from the corporation court of the city, or the circuit court of the county in which such labor agent proposes to have his office, or of the county in which he proposes to do business, that to the personal knowledge of the judge of such court, or from the information of credible witnesses under oath before such court, the court is satisfied that the applicant is a person of good character and honest demeanor.
ACTS OF 1906.
CHAPTER 260.-Bribery of employees. offering SECTION 1. Any person who gives, offers, or promises to an bribes.
agent, employee, or servant, any gift or gratuity whaterer, without the knowledge and consent of the principal, employer, or master of such agent, employee, or serrant, with intent to influence his action in relation to his principal's, employer's, or master's business; or an agent, employee, or servant who without
the knowledge and consent of his principal, employer, or master, Accepting requests or accepts a gift or gratuity or a promise to make a gift gifts.
or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any particular manner as 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, or to employ service or labor for his principal, employer, or master, receives directly or indirectly, for himself or for another, a commission, discount, or bonus from the person who makes such sa le or contract, or furnishes such materials, supplies, or other articles, or from a person who renders such service or labor; and any person who gives or offers such an agent, employee, or servant such commission, discount, or bonus shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, or by such fine and by inprisonment for not more than one year: Provided, That notbing contained in this act shall be construed to mean that an ageat
, servant, or employee shall not resign his position whenerer he so desires, nor shall it be construed to mean that no person shall employ said agent, servant, or employee.
SEC. 2. No witness called by the court or Commonwealth's attorney and giving evidence for the prosecution either before the justice of the peace, the grand jury, or the court in a prosecution under this act, shall ever be proceeded against for any offense hereunder concerning which he testifies, but such witness shall be compelled to testify and for refusing to answer a question shall be fined not less than one hundred dollars, and be imprisoned for a term not exceeding six months.
ABTICLE 2.—Protection of employees-Life and health. SECTION 35. The legislature shall pass necessary laws for the Protective protection of persons working in mines, factories, and other em-laws to be ployments dangerous to life or deleterious to health, and fix pains
passed. and penalties for the enforcement of the same.
CODES AND STATUTES--1897.
Inspection of mines.
SECTION 172. The mining bureau shall,
with the ad- Appointment vice and consent of the senate, appoint a State geologist, who shall of geologist. be a person known to be competent; SEC. 179. The State geologist shall, at least once in each year, Inspection of
mines. visit each mining county in the State, and examine as many of the mines in the different counties and mining districts as may be practicable. He shall have power and authority to visit and examine any mine or piece of mining ground, for the purpose of ascerta ining the condition of the same in regard to its safety and means of egress from the same, and for this purpose shall have access to all levels, slopes, tunnels, winzes, shafts, and shaft powers of any mine for the purpose of said inspection.
SEC. 180. Whenever the mining bureau or the State geologist Dangerous shall receive a formal complaint in writing, signed by five or more
mines. persons, employees in a mine, setting forth that the mine in which they are employed is dangerous in any respect, the State geologist shall visit and examine such mine, and if, from such personal examination, he shall ascertain that the facilities for egress are insufficient, or that from want of timbering, scaling, or slacking of the ground in such mine so visited, or from other causes, or that the timber, ladders or ladder ways, pentices or plats, in any such mine are in a dangerous condition, it shall become his duty to notify the owners, lessor, or lessee thereof; such notice to be in Notice. writing, and to be served by copy on any person or persons in the same manner as provided by law for the service of legal notices or process; said notice shall state in what particulars timbers, ladders, ladder ways, pentices, or plats are dangerous, and shall require the necessary changes to be made without delay; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injuries sustained by any employee subsequent to such notice and in consequence of a neglect to obey the State geologist's requirements, a certified copy of the notice served by the State geologist shall be prima facie evidence of the culpable negligence of the party or parties complained of.
Protection of employces as members of the National Guard. SECTION 2006, No member of the National Guard shall be dis- Discharge on charged by his employer by reason of the performance of any
membership. duties which he may be ordered upon. When any member of the National Guard is ordered upon duty which takes him from his employment, upon the termination of such duty, if the same shall not continue for a longer period than three months, he may apply to be restored to his position or employment. Any employer, or the officer or other manager of any corporation, having authority to employ, who fails or refuses so to do, or violates any of the provisions of this chapter, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum not exceeding one hundred dollars, or imprisonment not more than thirty days, or both such fine and imprisonment.