Limit

1907.

in

Night work in 1908.

Illiterates.

about any factory or manufacturing establishment within the State under any circumstances.

SEC. 2. On and after January 1, 1907, no child under twelve years of age shall be so employed, or allowed to labor, unless such child be an orphan and has no other means of support, or unless a widowed mother or an aged or disabled father is dependent upon the labor of such child, in which event, before putting such child at such labor, such father shall produce and file in the office of such factory or manufacturing establishment, a certificate from the ordinary of the county in which such factory or establishment is located, certifying under his seal of office to the facts required to be shown as herein prescribed: Provided, That no ordinary shall issue any such certificate except upon strict proof in writing and under oath, clearly showing the necessary facts: And provided further, That no such certificate shall be granted for longer than one year, nor accepted by any employer after one year from the date of such certificate.

SEC. 3. On and after January 1, 1908, no child under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State between the hours of seven p. m. and six a. m.

SEC. 4. On and after January 1, 1908, no child, except as heretofore provided, under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State, unless he or she can write his or her name and simple sentences, and shall have attended school for School at- twelve weeks of the preceding year, six weeks of which school attendance. tendance shall be consecutive; and no such child as aforesaid between the ages of fourteen and eighteen years shall be so employed unless such child shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance Certificates. shall be consecutive; and at the end of each year, until such child shall have passed the public school age, an affidavit certifying to such attendance, as is required by this section, shall be furnished to the employer by the parent or guardian or person sustaining parental relation to such child. The provisions of this section shall apply only to children entering such employment at the age of fourteen years or less.

Affidavits as to age.

SEC. 5. It shall be unlawful for any owner, superintendent, agent or any other person acting for or in behalf of any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent, guardian, or person standing in parental relation thereto, certifying to the age and date of birth of such child, and other facts required in this act. Any person knowingly furnishing a false affidavit as to the age, or as to any other facts required in this act, shall be deemed guilty of a mis

SEC. 6. The affidavit and certificates required in this act shall be open to inspection by the grand juries of any county where such factory or manufacturing establishments are located.

SEC. 7. Any person or agent, or representative of any firm or corporation, who shall violate any provision of this act shall be deemed guilty of a misdemeanor, * Any parent, guardian,

*

*

or other person standing in parental relation to a child, who shall hire or place for employment or labor in or about any factory or manufacturing establishment within this State a child in violation of any provision of this act, shall be deemed guilty of a misde

meanor.

The employment of a child under the prescribed age is negligence per se, and if such child is injured by reason of his employment he has, as a matter of law, a cause of action against his employer. The failure to obtain a certificate, where a child is of proper age for employment, is criminal, but entails no liability to the child in case of his injury. 60 S. E. Rep. 1068.

SECTION 2. *

ACTS OF 1907.

Emigrant agents.

(Page 25.)

The following specific taxes shall be levied and collected for each of said fiscal years:

Twelfth.-Upon each emigrant agent, or employee or employees of such agents, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted. This provision was embodied in the tax law of 1898, where it was held to be constitutional. 21 Sup. Ct. Rep. 128.

HAWAII.

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

Agents to be taxed.

CHAPTER 339.-Contracts of employment-Alien labor. SECTION 10. *** Provided, That no suit or proceedings Specific performance of lashall be maintained for the specific performance of any contract bor contract. heretofore or hereafter entered into for personal labor or service, nor shall any remedy exist or be in force for breach of any such contract, except in a civil suit or proceeding instituted solely to recover damages for such breach: Provided further, That the provisions of this section shall not modify or change the laws of the United States applicable to merchant seamen.

All contracts made since August twelfth, eighteen hundred and ninety-eight, by which persons are held for service for a definite term, are hereby declared null and void and terminated, and no law shall be passed to enforce said contracts in any way; and it shall be the duty of the United States marshal to at once notify such persons so held of the termination of their contracts.

The act approved February twenty-six, eighteen hundred and eighty-five, “To prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia," and the acts amendatory thereof and supplemental thereto, are hereby extended to and made applicable to the Territory of Hawaii.

[The act named is repealed and superseded by chapter 1134, Acts of 1906-7. See under United States, post.]

Collection of statistics.

SECTION 76 (as amended by chapter 948, Acts of 1903-4).

Certain contracts null.

Alien contract labor.

It shall be the duty of the United States Commissioner of Labor Statistics of to collect, assort, arrange, and present in reports, in nineteen hun- labor, etc. dred and five, and every five years thereafter, statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects as Congress may by law direct. The said Commissioner is especially charged to ascertain the highest, lowest, and average number of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress.

Registration of Chinese.

SECTION 101. Chinese in the Hawaiian Islands when this act Certificates of takes effect may within one year thereafter obtain certificates of residence. residence as required by "An act to prohibit the coming of Chinese

Proviso.

Semimonthly pay days.

Aliens not to be employed.

Proviso.

Hours of labor.

Contract.

Penalty.

persons into the United States," approved May fifth, eighteen hundred and ninety-two, as amended by an act approved November third, eighteen hundred and ninety-three, entitled "An act to amend an act entitled 'An act to prohibit the coming of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two," and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificate: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands.

ACTS OF U. S. CONGRESS, 1901–2.

CHAPTER 641.-Exclusion of Chinese laborers.

[See under United States, Acts of 1901-2, post.]

REVISED LAWS-1905.

Employment of labor on public works.

SECTION 120. The fifteenth and last days in each month shall be the pay days of all employees engaged in constructing or repairing roads, bridges or streets for the Territory of Hawaii.

SEC. 121. No person shall be employed as a mechanic or laborer upon any public work carried on by this Territory, or by any political subdivision thereof, whether the work is done by contract or otherwise, unless such person is a citizen of the United States, or eligible to become a citizen: Provided, however, That in the event that unskilled citizen labor, or unskilled labor eligible to become citizen labor, can not be obtained to do the required work, the superintendent of public works, or the county board of control, or the mayor, or other chief executive of any municipality, respectively, shall have the power to issue permits to employ other than citizen, or eligible to become citizen, unskilled labor until such citizen, or eligible to become citizen, unskilled labor can be obtained.

SEC. 122 (as amended by act No. 11, Acts of 1907). Eight hours of actual service on any working-day, except on Saturday, on which day only five hours of actual service shall constitute a day's labor for all mechanics, laborers, clerks and other employees employed upon any public work or in any public office of this Territory, or any political subdivision thereof, whether the work is done by contract or otherwise.

SEC. 123. A stipulation that no mechanics, clerks, laborers or other employees employed upon any public work in the employ of the contractor or subcontractor shall be required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency, and that no mechanic or laborer, other than a citizen of the United States, or person eligible to become a citizen, shall be employed, shall be contained in every contract to which the Territory or any political subdivision thereof is a party. SEC. 124. Any contractor, person, firm or corporation, or any officer of the Territory, or of any political subdivision thereof, violating any of the provisions of sections 121-124, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense. Any and each and every such violation shall be deemed a separate offense for each day thereof, and for each mechanic, clerk, laborer or other employee employed upon any public work, employed in violation of the provisions of said sections. Any contract or subcontract for any public work in this Territory that does not comply with the provisions of section 123 shall be absolutely void.

Tenement and lodging houses-Inspection, etc.

Roof, capac

SECTION 1020. Every house or tenement used or occupied as a dwelling for lodgers or contract laborers shall be kept by its 1ty, etc. owner in good repair, with roof water-tight, and shall have the capacity of not less than three hundred cubic feet of space for each adult, or nine hundred cubic feet for one man and woman and two children.

SEC. 1021. The yard and grounds about all dwellings shall be Sanitation. well drained and kept free from rubbish of every description, with a closet, or privy, also to be kept in repair by the lodginghouse keeper or employer of laborers, for every six adults.

Access to be

SEC. 1022. Every owner or keeper and every other person having the care or management of a lodging house or of a dwelling for given. contract laborers, shall at all times when required by the board of health or its agents give free access to such house or any part thereof.

SEC. 1023. Every lodging-house keeper or employer of laborers who shall fail to comply with the provisions of this chapter shall pay a fine not exceeding fifty dollars.

Regulation of laundries.

SECTION 1063. The superintendent of public works may cause to be built and erected in the district of Kona, Island of Oahu, a sufficient number of laundries and washhouses, and to let the same to persons applying therefor at such rents, and upon such terms as the said superintendent shall deem advisable. And in like manner to designate and use for such purposes buildings already erected.

SEC. 1065. Such laundries and washhouses when erected shall be under the supervision and control of the board of health.

SEC. 1066 (as amended by act No. 111, Acts of 1907). Every person who shall carry on the business of laundry keeping or washing for hire, within the limits of the city of Honolulu, except in such buildings as shall be provided for such purpose, in accordance with the provisions of section 1063, or in such buildings as may be approved and designated for such purpose by the board of health, shall upon conviction be liable to a fine not to exceed ten dollars for each and every day during which he shall so carry on such business, and in default of payment of such fine shall be imprisoned until such fine is paid.

This act is constitutional. 10 H. Rep. 491.

Employers to furnish names of employees to assessors, etc.

SECTION 1227. Each person liable to pay taxes and every owner or possessor of any property, real or personal, whether entitled to exemption or not, shall in the month of January of each year give in to the assessor or the deputy assessor of the district in which said property is located a written or printed taxation return, signed and sworn to by him, enumerating the following facts, viz:

4. The names and nationalities of all persons subject to taxation in the employ of such persons on January 1.

Contracts of employment-Stamp duties.

Penalty.

Laundries, etc., to be erected.

Board of health.

Use of other buildings.

Duty of employers.

Stamps re

SECTION 1298. There shall be due and payable to the Territory in respect of the several deeds, documents, and instruments men- quired. tioned and specified in section 1320, the several sums of money for stamp duty set forth in the said section.

SEC. 1320.

Contracts between masters and servants for labor--

If for more than one year, then for each year or part of a year after the first__.

(This duty to be charged on the original and duplicate copies, fifty cents on each copy for each year, or fractional part thereof, of the term of the contract, and to be paid by the employer.)

Regulation of laundries.

SECTION 1375. The treasurer with the approval of the governor may issue to any person, partnership or corporation a license to erect, maintain and operate a steam laundry within the District of Kona, Island of Oahu, upon such conditions as to location and otherwise as shall be set forth in the license.

SEC. 1376. Said license shall not be issued except upon the certificate of the board of health, setting forth that an agent of said board has examined the location at which it is proposed to operate said steam laundry, and that the same is suitable for the purpose.

SEC. 1377. The annual fee for said license shall be fifty dollars. SEC. 1378. Said steam laundries shall be subject to such regulations as to sanitation as may be prescribed from time to time by the board of health.

Employment offices.

SECTION 1418C (added by act No. 96, Acts of 1907). Every person, firm or corporation conducting an employment or intelligence office or advertising as an employment or intelligence agent shall pay an annual license fee of twenty-five dollars.

Exemption of wages from execution, etc.

SECTION 1831. The following described personal property shall be exempt from attachment, execution, distress and forced sale of every nature and description:

7. One-half of the wages due every laborer or person working for wages.

Garnishment of wages of public employees.

SECTION 2128. Any officer or employee, or other person in the service of the government of the Territory of Hawaii or of any political of [or] municipal subdivision thereof, or in receipt of, or entitled to a salary, stipend, wages, annuity or pension from the government of said Territory, or any department, board or bureau thereof, or from any political or municipal subdivision of said Territory, shall for the purposes of this chapter, and of any proceedings hereunder, be known and described as a government beneficiary, hereinafter denominated such beneficiary.

SEC. 2129. The salary, stipend, wages, annuity or pension of such beneficiary may be attached for, and applied in the payment of his debts, * * *

SEC. 2137. It shall not be incumbent upon such garnishee to appear in any court or file any answer to such process, but the trial of such suit may proceed, in all respects, as though such garnishee had not been included in the suit. But from the time of the service of such copy on such garnishee, it shall be unlawful for him to draw, sign or issue any warrant payable to the order of such beneficiary as shall be named in such copy, or to any other person designated by such beneficiary, or permit or cause the same to be drawn, signed or issued for more than seventy-five per cent of the salary, stipend, wages, annuity or pension, which shall then be or shall thereafter become due, owing or payable to such beneficiary, until the suit against him shall have been withdrawn or dismissed, or the judgment obtained against him therein, if any, shall have been fully paid, with legal interest thereon;