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CHAPTER 429.-TITLE 2.-Employment of females and minors in

barrooms.

forbidden.

SECTION 478. No licensee under a barroom license shall employ, Employment or permit to be employed, or allow any female or minor or person in barrooms convicted of crime, to sell, give, furnish, or distribute any intoxicating drinks or any admixture thereof, ale, wine, or beer to any person or persons.

*

ACTS OF U. S. CONGRESS, 1899-1900.

CHAPTER 786.-TITLE 2.-Exemption of wages from execution.

SECTION 273.

Sixty days'

ex

The following property shall be exempt from execution if selected and reserved by the judgment debtor earnings empt, when. or his agent at the time of the levy, or as soon thereafter before sale thereof as the same shall be known to him, and not otherwise: First. The earnings of the judgment debtor, for his personal services rendered at any time within sixty days next preceding the levy of execution or attachment, when it appears by the debtor's affidavit or otherwise that such earnings are necessary for the use of his family supported in whole or in part by his labor;

CHAPTER 786.-TITLE 2.-Wages preferred-In administration.

*

Order of pay

mands.

SECTION 872. The charges and claims against the estate * shall be paid in the following order, * : First, ment of defuneral charges; second, taxes of whatever nature due the United States; third, expenses of last sickness; fourth, all other taxes of whatever nature; fifth, debts preferred by the laws of the United States; sixth, debts which at the death of the deceased were a lien upon his property or any right or interest therein according to the priority of their several liens; seventh, debts due employee[s] of decedent for wages earned within the ninety days immediately preceding the death of the decedent; eighth, all other claims against the estate.

ACTS OF U. S. CONGRESS, 1901-2.

CHAPTER 641.-Exclusion of Chinese laborers.

[See under United States, Acts of 1901-2, post.]
ACTS OF U. S. CONGRESS, 1905-6.

CHAPTER 3299.-Alien laborers in fisheries.

SECTION 1. It shall be unlawful for any person not a citizen of the United States, or who has declared his intention to become a citizen of the United States, and is not a bona fide resident therein, or for any company, corporation, or association not organized or authorized to transact business under the laws of the United States or under the laws of any State, Territory, or District thereof, or for any person not a native of Alaska, to catch or kill, or attempt to catch or kill, except with rod, spear, or gaff, any fish of any kind or species whatsoever in any of the waters of Alaska under the jurisdiction of the United States: * * * And provided further, That nothing contained in this Act shall prevent any person, firm, corporation, or association lawfully entitled to fish in the waters of Alaska from employing as laborers any aliens who can now be lawfully employed under the existing laws of the United States, either at stated wages or by piecework, or both, in connection with Alaskan fisheries, or with the canning, salting or otherwise preserving of fish.

Aliens not to

fish.

Laborers.

DISTRICT OF COLUMBIA.

CODE.

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

Employment of children-Certain employments forbidden.

Acrobatic 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 impris onment for a term not exceeding two years, or both.

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Hours of labor on public works.

SECTION 892. The service and employment of all laborers and 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.

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.

Exemption of wages from attachment, etc.

SECTION 1107. The earnings, not to exceed one hundred dollars 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 officer of and in said District.

[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.

SECTION 1. It shall be unlawful for any person to act as steam engineer in the District of Columbia who shall not have been regularly licensed to do so by the Commissioners thereof.

SEC. 2. All persons applying for such license shall be examined by a board of examiners composed as follows: The boiler inspector 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 twenty-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 dollars.

Board of examiners.

Applicants.

Fee.

Intoxication

SEC. 5. Any person employed as a licensed steam engineer in 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 steam engineer as such who has not been regularly licensed to act engineers. 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 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

Steam heat

Commission

are hereby, authorized and directed to make and publishers to regulate. 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 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.

Penalty.

ACTS OF 1894-95.

CHAPTER 192.-Seats for female employees.

Seats to be

SECTION 1. All persons who employ females in stores, shops, 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 Columbia, 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

Penalty.

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.

Water-closets

CHAPTER 8.-Factories and workshops-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.

Board of examiners.

Duties.

Applicants.

Fee.

License quired.

of plumber.

CHAPTER 467.—Examination and licensing of plumbers.

SECTION 1. The Commissioners of the District of Columbia are 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.

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.

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.

SEC. 4. The fee for a license as master plumber or gas fitter shall be three dollars.

re- SEC. 5. It shall be unlawful for any person to engage in the 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 buildunlicensed ing in the District of Columbia, or the agent or representative of such owner or lessee, to knowingly employ an unlicensed person to do plumbing or gas fitting in or about such building.

Penalty.

Vestibules required.

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 dollars; 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 1904-5.

CHAPTER 1434.-Protection of employees on street railways-Inclosed platforms.

SECTION 1. Every person or corporation operating street cars in 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 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.

Violations.

Liability

SECTION 1. Every common carrier engaged in trade or commerce in the District of Columbia, or in any Territory of the United forStates, 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 employees; due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways, or works.

Negligence of

Defects.

Comparative

Contracts of

SEC. 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. SEC. 3. No contract of employment, insurance, relief benefit, or 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 indemnity 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 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 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, 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 Territories 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

Limitation.

Scope of law.

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