« ForrigeFortsett »
appoint a stenographer for the bureau, and he may also employ special agents and such other assistants as may be necessary in the discharge of the official duties of said bureau. Such special agents and other assistants shall be paid for the services rendered such compensation as the commissioner may deem proper, but no such agents or assistants shall be paid more than three dollars per day in addition to necessary traveling expenses.
ACTS OF 1903.
CHAPTER 222.-Protection of employees as members of labor
SECTION 1. It shall be unlawful for any individual or member Preventing of any firm, or any agent, officer or employee of any company or employees from
joining unions. corporation, to coerce, require, demand or influence any person or persons to enter into any agreement, either written or verbal, not to join or become or remain a member of any labor organization or association, as a condition of such person or persons securing employment, or continuing in the employment of such individual, firm, or corporation.
SEC. 2. Any individual or member of any firm or any agent. Penalty. officer or employee of any company or corporation violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty dollars or imprisoned in the county jail not less than thirty days.
CHAPTER 310.—Inspection of factories, etc.—Fire escapes.
SECTION 1. Every building now or hereafter used, in whole or
Fire escapes in part, as a public building,
three or more stories in required, when. height, shall, within six months after the passage of this act, be provided with one or more metallic ladders or stair fire escapes attached to the outer walls thereof, and extending from or suitably near the ground to the uppermost story thereof, with platforms of such forms and dimensions, and in such proximity to one or more windows of each story above the first as to render access to such ladders or stairs from each such story easy and safe; the number, location, material and construction of such escapes to be subject to the approval of the fire marshal, chief of the fire department, city or town marshal, or such other authority as may have the control of fire regulations in any city or town where such buildings are located : Provided, however, That all Factories. buildings more than two stories in height, used for manufacturing purposes,
shall have at least one such fire escape for every thirty persons for which working,
accommodations are provided above the second stories of said buildings;
CHAPTER 356.-Inspection of factories, etc.-F'ire escapes-Safety
SECTION 1. Every person owning or operating any manufactur- Elevator ing establishment which may contain any elevator, hoisting shaft shafts. or wellhole shall cause the same to be properly and substantially enclosed or secured, in order to protect the lives or limbs of those employed in such establishment.
Sec. 2. Proper and substantial hand rails shall be provided in Stairways. all stairways in manufacturing establishments. The stairs shall be properly secured at the sides and ends, and all doors leading into such establishments shall be so constructed as to open outwardly, and shall be neither locked, bolted nor fastened during working hours. Sec. 3. In all manufacturing establishments three or
Fire escapes. stories high, at least one fire escape, and as many more as may be reasonably necessary, shall be provided on the outside of said
establishment, connecting with each floor above the first, well fastened and secured, and of sufficient strength. Each of said fire escapes shall have landings or balconies not less than six feet in length and three feet in width, guarded by iron railings not less than three feet in height, and embracing at least two windows at each story, and connecting with the interior by easily accessible and unobstructed openings, and the balconies or landings shall be connected by iron stairs not less than eighteen inches wide, the steps not to be less than six inches tread, placed at a proper slant, and protected by a well-secured hand rail on each side, with twelve-inch drop ladder from the lower platform reaching to the
ground. Belt shifters, SEC. 4. Every person owning or operating any manufacturing guards, etc.
establishment in which machinery is used shall furnish and supply for use therein belt shifters, or other safe mechanical contrivance, for the purpose of throwing on or off belts or pulleys; and wherever it is practicable machinery shall be operated with loose pulleys. All vats, pans, saws, planers, cog gearing, belting, shafting, set screws and machinery of every description used in a manufacturing establishment shall, where practicable, be properly and safely guarded, for the purpose of preventing or avoiding the death of or injury to the persons employed or laboring in any such establishment; and it is hereby made the duty of all persons owning or operating manufacturing establishments to provide and
keep the same furnished with safeguards as herein specified. Action for SEC. 5. If any person employed or laboring in any manufacturinjuries.
ing establishment shall be killed or injured in any case wherein the absence of any of the safeguards or precautions required by the act shall directly contribute to such death or injury, the personal representatives of the person so killed, or the person bimself, in case of injury only, may maintain an action against the person owning or operating such manufacturing establishment for the recovery of all proper damages. In cases where the action is brought by the personal representative of the deceased, said action shall be governed in all respects not herein provided for by the provisions of the statutes now in force which authorize and regulate the bringing of actions to recover damages in cases where the death of one is caused by the wrongful act or omission of another: Provided, Action shall be commenced in the county where the acci
dent occurred. to
SEC. 6. In all actions brought under and by virtue of the proprovide appli
visions of this act, it shall be sufficient for the plaintiff to prove in the first instance, in order to establish the liability of the defendant, that the death or injury complained of resulted in consequence of the failure of the person owning or operating the manufacturing establishment where such death or injury occurred to provide sa id establishment with safeguards as required by this act, or that the failure to provide such safeguard directly contrib
uted to such death or injury. Definition. SEC. 7. Manufacturing establishments, as those words are used
in this act, shall mean and include all smelters, oil refineries, cement works, mills of every kind, machine and repair shops, and, in addition to the foregoing, any other kind or character of manufacturing establishment, of any nature or description whatsoever, wherein any natural products or other articles or materials of any kind, in a raw or unfinished or incomplete state or condition, are
converted into a new or improved or different form. Person de Sec. 8. Wherever the expression occurs in this act in substan
tially the following words: “Every person owning or operating any manufacturing establishment,” or where language similar to that is used, the word person in that connection shall be held and construed to mean any person or persons, partnership, corporation, receiver, trust, trustee, or any other person or combination of persons, either natural or artificial, by whatever name he or they may be called.
Assumption of risk is not a defense where an employer bas failed to comply with the provisions of the law. 90 Pac. Rep. 821.
The act does not exclude the defense of contributory negligence. 88 Pac. Rep. 260.
Violation by an employer resulting in injury is prima facie evidence of negligence. 95 Pac. Rep. 1047.
CHAPTER 377.--Examination and licensing of plumbers.
SECTION 1. Any person now or hereafter engaging or working at License rethe business of plumbing in cities of seven thousand population or quired. more in this State, either as master plumber or employing plumber or as a journeyman plumber, shall first receive a certificate thereof in accordance with the provisions of this act.
Sec. 2. Any person desiring to engage in or work at the business Examination. of plumbing, either as a master plumber or employing plumber or as a journeyman plumber, in cities having a population of seven thousand or more and a system of water supply or sewerage, shall make application to a board of examiners hereinafter provided for, and shall at such times and place as said board may designate be compelled to pass such examination as to his qualifications as said board may direct. Said examination may be made in whole or in part in writing and shall be of a practical and elementary character, but sufficiently strict to test the qualifications of the applicant.
Sec. 3. There shall be in every city of seven thousand inhabit- Boards of ex. ants or more a board of examiners of plumbers consisting of three aminers. members, one of which shall be chairman of the board of health, who shall be ex officio chairman of said board of examiners; a second member, who shall be a master plumber; and a third member, who shall be a journeyman plumber. Said second and third members shall be appointed by the mayor and approved by the council of said city within three months after the passage of this act, for the term of one year from the 1st day of May in the year of appointment, thereafter annually before the 1st day of May, and shall be paid from the treasury of said city the same as other officers, in such sum as the authorities may designate.
SEC. 4. Said board of examiners shall, as soon as may be after Duties of their appointment, meet, and shall then designate the times and boards. places for examination of all applicants desiring to engage in or work at the business of plumbing within their respective juris. diction. Said board shall examine said applicants as to the practical knowledge of plumbing, house drainage, and plumbing ventilation, and, if satisfied of the competency of such applicants, shall thereupon issue a certificate to such applicant authorizing him to engage in or work at the business of plumbing, either as master plumber or employing plumber or a journeyman plumber. The fee for a certificate for a master plumber or employing plumber shall be five dollars; for a journeyman plumber, it shall be two dollars. Said certificate shall be valid and have force throughout the State, and all fees received for said certificates shall be paid into the treasury of the city where such certificates are issued.
SEC. 6. All persons who are required by this act to take examina- Place of extions and procure a certificate as required by this act shall apply amination. to the board in the city where they reside, or to the board nearest their place of residence.
Sec. 7. Any person violating any provision of this act shall be Violations. deemed guilty of a misdemeanor, and be subject to a fine of not less than five dollars nor exceeding fifty dollars for each and erery violation thereof.
ACTS OF 1905.
CHAPTER 214.-Mine regulations-Car checks.
SECTION 1. It shall be unlawful for any person to change, ex- Changing or change, substitute, alter or remove any number or check num-altering checks. ber placed upon any car or pit car in or about any mine in the State of Kansas, with the intent to cheat or defraud any other
person out of the value of his services in mining and loading the coal or mineral contained in such car or pit car; and it shall be unlawful for any person, with the intent to cheat or defraud another, to place any number or check number upon any car or pit car loaded by any other person in or about any mine.
SEC. 2. Every person who shall violate any of the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not more than one hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.
CHAPTER 278.—Employment of children-Age limit in factories,
Age limit. SECTION 1. No child under fourteen years of age shall be em
ployed at any time in any factory or packing houses or in or about any mine. No person under sixteen years of age shall be employed at any occupation nor at any place dangerous or injurious
to life, limb, health, or morals. Certificate. SEC. 2. All persons, firms or corporations employing children
shall be required first to obtain a certificate of the age of such
CITY OR DISTRICT.
according to the records of this school and from all the knowledge that I can obtain, was born at
city, of the State
(Signed.) To which shall be added the name of the school district or city and the official position of the member of the board, principal or teacher signing the same. When it is impossible to secure the certificate herein above provided for as to the age of the child, the firm, person or corporarion [corporation] employing such child shall secure a statement of the age of such child from the parent or legal guardian of such child, which statement shall be verified under oath before some officer authorized to administer oaths. Such certificate shall be sufficient protection to the employer of any child as to the age of such child, except when such employer has actual knowledge of the falsity of such certificate; and all such certificates shall be kept constantly on file in a convenient place, and shall at all times be open to the inspection of
the proper authorities, as provided in this act. Enforcement. SEC. 3. It shall be the duty of the State factory inspector, State
inspector of mines and their deputies to inspect the certificates herein above provided for, to examine children employed in factories, mines and packing houses as to their age, and to file complaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all com
plaints so filed. Penalty. SEC. 4. Any person, firm or corporation employing any person
or child in violation of any provisions of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than ninety days.
CHAPTER 305.—Mine regulations—Ventilation.
Method pre- SECTION 1. The owner, agent or operator of any coal mine in bcribed.
this State, if said mine is worked on the room and pillar plan, shall cause the work in such mine to be prosecuted in the follow
ing manner, and none other, to wit: Two entries must be driven parallel for the ingress and egress of the air, and crosscuts must be made at intervals not to exceed forty feet apart, and no rooms, entries or other openings shall be allowed to start inside of the last crosscut until the next one is made: Provided, That in the case of mines already opened and in operation under the singleentry plan, the provisions of this act shall not apply to such parts thereof as have been worked out when this act takes.effect.
SEC. 2. The State coal mine inspector shall, after the taking Inspector to effect of this law, give notice in writing to the owner, agent or
give notice. operator in charge of each coal mine in this State now being worked on the room and pillar plan to conform the working of such mine to the requirements hereinbefore set out and prescribed; and such owner, agent or operator shall have thirty days in which to comply before being liable to the penalty provided herein.
Sec. 3. Any owner, agent or operator in charge of any coal mine Violations. worked on the room and pillar plan failing to comply with the provisions of section 1 shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than six months nor more than one year, or by both such fine and imprisonment; and every day that the mine is operated contrary to the provisions of section 1 after the owner, agent or operator in charge thereof shall have been convicted for a first offense under section 1 shall be and constitute a separate and distinct subsequent offense, and shall be punished as such.
CHAPTER 342 (as amended by chapter 280, Acts of 1907).-Hours
of labor of employees on railroads.
SECTION 1. It shall be unlawful for any corporation or receiver Limit of sixoperating a line of railroads (railroad] in whole or in part in the teen hours. State of Kansas, for any officer, agent or representative of such corporation or receiver, to require or permit any conductor, engineer, fireman, brakeman, train dispatcher, telegraph operator or any trainman who has worked in his respective capacity for sixteen consecutive hours to continue on duty or perform any work for such railroad until he has had at least eight hours' rest: Provided, That this act shall not apply in case of washout, wrecks, or unavoidable blockades, nor shall it be construed to prevent the crew of a train which contains live stock or perishable freight in carload lots from running to the next division point after the expiration of the time limit provided for in this act: Provided further, That this section shall not apply to employees of sleeping-car companies, baggagemen, and express messengers.
SEC. 2. Any corporation or receiver operating a line of railroad Violations. in whole or in part in this State who shall knowingly violate any provisions of this act shall be liable to the State of Kansas for a penalty of not less than one hundred dollars nor more than two hundred dollars for each offense, and such penalties shall be recovered and suits thereof shall be brought in the name of the State of Kansas in a court of competent jurisdiction in any county in the State into or through which any such railroad may run, by the attorney-general or under his direction, or by the prosecuting attorney of the proper county through or into or out of which trains may be operated by said company; and upon complaint being made to the commissioner of labor, he is thereby authorized to investigate such complaint, and shall be empowered to examine the train sheets, registers, and dispatchers' reports, and to hear such other evidence as may be offered by officers or employees of such railroad company to determine whether such complaint is well founded; and if the complaint appears to be well founded, it shall be the duty of said commissioner of labor to file a complaint before the county attorney of the proper county through which said company may operate.