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DISTRICT OF COLUMBIA,

CODE.

[Approved March 3, 1901 ; amended January 31 and June 30, 1902. ]

Employment of children-Certain employments forbidden,

Acrobac and
SECTION 814. *

Any person, having in his custody or conmendicant oc-trol a child under the age of fourteen years, who shall in any way cupations.

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. Eight hours SECTION 892. The service and employment of all laborers and a day's work.

mechanics who are now or may hereafter be employed by the Government of the United States, by the District of Columbia, or by any contractor or subcontractor upon any of the public works of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the United States Government or of the District of Columbia, or any such contractor or subcontractor, whose duty it shall be to employ, direct, or control the service of such laborers or mechanics, to require or permit any such laborer or mechanic to work more than eight hours in

any calendar day except in case of extraordinary emergency. Penalty. SEC. 893. Any officer or agent of the Government of the United

States or of the District of Columbia, or any contractor or subcontractor, whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the United States or of the District of Columbia who shall intentionally violate any provision of the last preceding section for each and every such offense shall be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months, or both.

Ercmption of wages from attachment, etc.

Certain earn- SECTION 1107. The earnings, not to exceed one hundred dollars ings exempt. each month, of all actual residents of the District of Columbia,

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 office and in said Dis ict.

[The following laws, though not embodied in the Code, wero not repealed by the law enacting it and are still in force:]

ACTS OF U. S. CONGRESS, 1886–87.

CHAPTER 272.-Examination, licensing, etc., of steam engineers.

License re

SECTION 1. It shall be unlawful for any person to act as steam quired. engineer in the District of Columbia who shall not have been regu

larly licensed to do so by the Commissioners thereof.

SEC. 2. All persons applying for such license shall be examined Board of exby a board of examiners composed as follows: The boiler inspector aminers. for the District of Columbia and two practical engineers to be appointed by the District Commissioners, Said examination shall be conducted in all respects under such rules and regulations as the Commissioners of the District of Columbia shall from time to time provide; and all steam boilers and engines shall be subjected to such tests as the said Commissioners may prescribe.

SEC. 3. Applicants for license as steam engineers must be twen- Applicants. ty-one years of age and of temperate habits; must make application in writing, to which application must be attached a certificate as to character and moral habits signed by at least three citizens of the District of Columbia, themselves of moral standing.

SEC. 4. The fee for a license as steam engineer shall be three Fee. dollars.

Sec. 5. Any person employed as a licensed steam engineer in Intoxication the District of Columbia who is found under the influence of in- of engineers. toxicating liquor while on duty, shall, for the first offense, have his license revoked for six months; for the second offense, twelve months; and for the third offense, shall have his license revoked and be debarred from following the occupation of licensed steam engineer in the District of Columbia for the period of five years.

SEC. 6. Any owner or lessee of steam boiler or engine, or the Employment secretary of any corporation, who shall knowingly employ a of unlicensed

engineers. steam engineer as such who has not been regularly licensed to act as such, shall on conviction thereof by the police court of the District of Columbia, be fined fifty dollars, and in default of payment of such fine shall be confined for a period of one month in the workhouse of the District of Columbia : Provided, That boilers used for steam heating, where the water returns to the boiler Steam heat. without the use of a pump and injector or inspirator, and which ing apparatus. are worked automatically, shall be exempt from the provisions of this section,

CHAPTER 390.Elevators. SECTION 1. The Commissioners of the District of Columbia Commission

ers to regulate. are hereby, authorized and directed to make and publish such orders as may be necessary to regulate the construction, repair, and operation of all elevators within the District of Columbia, and prescribe such means of security as may be found necessary to protect life and limb. SEC. 2. Any person or persons, or corporations, who shall neglect

Penalty. or refuse to comply with the orders made pursuant to this act, shall, upon conviction thereof in the police court of the District of Columbia,

be fined not less than ten dollars nor more than one hundred dollars for each offense.

ACTS OF 1894–95.

CHAPTER 192.-Seats for female employees. SECTION 1. All persons who employ females in stores, shops, Seats to be offices, or manufactories as clerks, assistants, operatives, or provided. helpers in any business, trade, or occupation carried on or operated by them in the District of Columbia, shall be required to procure and provide proper and suitable seats for all such females and shall permit the use of such seats, rests, or stools, as may be necessary, and shall not make any rules, regulations, or orders preventing the use of such stools or seats when any such female employees are not actively employed in their work in such business or employment.

SEC. 2. If any employer of female help in the District of Co- Penalty. lumbia, shall neglect or refuse to provide seats, as provided in this act, or shall make any rules, orders, or regulations in his shop, store, or other place of business, requiring females to remain standing when not necessarily employed in service or labor therein, he shall be deemed guilty of a misdemeanor, and upon con

viction thereof in any court of competent jurisdiction shall be liable to a fine therefor in a sum not to exceed twenty-five dollars, with costs, in the discretion of the court.

ACTS OF 1897-98.

CHAPTER 8.-Factories and workshops-Water-closets. Water-closets SECTION 9. Every building in said District

where perto be provided. sons are employed or intended to be employed in any trade or

business, shall be provided with sufficient and suitable privy accommodations, having regard to the number of persons employed in or in attendance at such building; and also where persons of both sexes are employed or intended to be employed, or in attendance, with sufficient, suitable, and separate privy accommodations for persons of each sex. It shall be unlawful for any owner or agent to put any person or persons in possession of any building, or any part thereof, not provided with privy accommodations as aforesaid, except a watchman for the purpose of guarding such building or part thereof.

CHAPTER 467.-Examination and licensing of plumbers.

Board of ex- SECTION 1. The Commissioners of the District of Columbia are aminers.

hereby authorized to appoint a plumbing board to be composed of two master plumbers, one journeyman plumber competent to be licensed as master plumber, and two employees of the District of Columbia having a knowledge of plumbing and gas fitting and sanitary work, whose compensation shall be three hundred dollars per annum each, payable monthly. A majority of the board shall

be deemed competent for action. Duties.

SEC. 2. In addition to such advisory duties as said Commissioners shall assign them, it shall be the duty of said plumbing board to examine all applicants for license as master plumbers or gas fitters, and to report to said Commissioners, who, if satisfied from such report that the applicant is a fit person to engage in the business of plumbing or gas fitting, shall issue a license to

such person to engage in such business. Applicants. Sec. 3. Applicants for licenses as master plumbers or gas fitters

must be twenty-one years of age, must make application in their own handwriting, and must accompany such application with a certificate as to good character, signed by at least three reputable

citizens of the District of Columbia. Fee.

SEC. 4. The fee for a license as master plumber or gas fitter

shall be three dollars, License

SEC. 5. It shall be unlawful for any person to engage in the quired.

work of plumbing or gas fitting in the District of Columbia unless he is licensed as provided in this act, or is an employee of a

licensed master plumber. Employment SEC. 6. It shall be unlawful for the owner or lessee of any buildof unlicensed ing in the District of Columbia, or the agent or representative of plumber.

such owner or lessee, to knowingly employ an unlicensed person

to do plumbing or gas fitting in or about such building. Penalty. SEC. 8. Any person violating any of the provisions of this act

shall, on conviction thereof in the police court, be punished by a
fine of not less than five dollars nor more than one hundred dol-
lars; and in default of payment of such fine such person shall be
confined in the workhouse of the District of Columbia for a period
not exceeding six months; and all prosecutions under this act
shall be in the police court of said District, in the name of the
District of Columbia.

ACTS OF 1901–5.
CHAPTER 1434.---Protection of employees on street railways-In-

closed platforms.

re

Vestibules re- SECTION 1. Every person or corporation operating street cars in quired.

the District of Columbia shall provide each of the same with a

glass vestibule, surrounding, as nearly as possible, the place where the motorman operating said car stands, so that said motorman shall be protected from inclement weather.

SEC. 2. Every person or corporation who or which shall violate Violations. the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred nor more than five hundred dollars for each and every day any street car is operated not provided with the vestibule required by this act: Provided, however, That the requirements of this act shall not apply to cars operated from the first day of April to the first day of November of each and every year.

ACTS OF 1905-6.

CHAPTER 219.Liability of common carriers to their employees.

SECTION 1. Every common carrier engaged in trade or commerce Liability in the District of Columbia, or in any Territory of the United for 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, Negligence of agents, or employees, or by reason of any defect or insufficiency employees;

Defects. due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways, or works.

Sec. 2. In all actions hereafter brought against any common Comparative 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.

Sec. 3. Vo contract of employment, insurance, relief benefit, or Contracts of indemnity for injury or death entered into by or on behalf of any exemption. 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 indemuity that may have been paid to the injured employee, or, in case of his death, to his personal representative.

Sec. 4. No action shall be maintained under this act, unless Limitation. commenced within one year from the time the cause of action accrued.

Sec. 5. Nothing in this act shall be held to limit the duty of Scope of law. 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 hun. dred and ninety-six, and March second, ninteen 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 intrastate 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 Territor les and the District of Columbia, the law is valid in so far as it applies to these jurisdictions. 36 Wash, Law Rep. 374.

In a case where an injury was received by an employee in the Territory of New Mexico, It was held that, according to the decision of the Supreme Court, the law is invalid as to all its parts and for all jurisdictions. s. W. Rep. 480.

108

etc.

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CHAPTER 957.Fire escapes on factories, etc. Fire escapes SECTION 2 (as amended by chapter 2566, Acts of 1906-7). It required.

shall be the duty of the owner entitled to the beneficial use, rental, or control of any building already erected, or which inay here. after be erected, in which ten or more persons are employed at the same time in any of the stories above the second story, ex. cept three-story buildings used exclusively as stores or for office purposes, and having at least two stairways from the ground floor each three or more feet wide and separated from each other by a distance of at least thirty feet, from one of which stairways shall be easy access to the roof, to provide and cause to be erected and affixed thereto a sufficient number of * * * fire escapes, (of such material, type, and construction as the Commissioners of the District of Columbia may determine) the location and number of the same to be determined by the said Commissioners, and to keep the hallways and stairways in every such building as is used and occupied at night properly lighted, to the satisfaction of the Commissioners of the District of Columbia, from sunset to

sunrise. Signs, lights, Sec. 3 (as amended by chapter 2566, Acts of 1906–7). It shall

be the duty of the owner entitled to the beneficial use, rental, or control of

any building in which ten or more persons are employed, as set forth in section two of this act where fire escapes are required, also to provide, install, and maintain therein proper and sufficient guide signs, guide lights, exit lights, hall and stairway lights, fire hose, and fire extinguishers in such location and numbers and of such type and character as the Com

missioners of the District of Columbia may determine. Elevator Sec. 5 (as amended by chapter 2566, Acts of 1906–7). Each eleshafts.

vator shaft and stairway extending to the basement of the buildings heretofore mentioned shall terminate in a fireproof compartment or inclosure, separating the elevator shaft and stairs from other parts of the basement, and no opening shall be made or maintained in such compartment or inclosure unless the same be pro

vided with fireproof doors. Obstructions. Sec. 6. It shall be unlawful to obstruct any hall, passageway,

corridor, or stairway in any building mentioned in this act with baggage, trunks, furniture, cans, or with any other thing what

soever. Same.

Sec. 7. No door or window leading to any fire escape shall be covered or obstructed by any fixed grating or barrier, and no person shall at any time place any incumbrance or obstacle upon any fire escape or upon any platform, ladder, or stairway leading to or

from any fire esca pe. Licenses re- Sec. 8. No license shall be issued to any person to conduct any fused, when.

business for which a license is required in any building mentioned in this act until such building has been provided and equipped with a sufficient number of fire escapes and other appliances required

by this act. Violations, Sec. 9. Any person failing or neglecting to provide fire escapes,

alarm gongs, guide signs, fire hose, fire extinguishers, or other appliances required by this act, after notice from the Commissioners of the District of Columbia so to do, shall, upon conviction thereof, be punished by a fine of not less than ten dollars nor more than one hundred dollars, and shall be punished by a further fine of five dollars for each day that he fails to comply with the notice aforesaid. Any person violating any other provision of this act shall be punished, upon conviction thereof, by a fine of not less than

ten dollars nor more than one hundred dollars for each offense. Contents of SEC. 10. The said notice requiring the erection of fire escapes notice.

and other appliances mentioned in this act shall specify the character and number of fire escapes or other appliances to be provided, the location of the same, and the time within which said fire escapes or other appliances shall be provided, and in no case shall more than ninety days be allowed for compliance with said notice unless the Commissioners of the District of Columbia sball, in their discretion, deem it necessary to extend their time.

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