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marking. A dressing room shall be provided for women and girls when required by the labor inspector in any manufacturing estab
lishment in which women and girls are employed. Seats for re- SEC. 6. Every person, firm, corporation, association, individual
or partnership employing girls or adult women in any manufacturing, mechanical or mercantile industry, laundry, workshop, renovating works or printing office in this Commonwealth shall provide seats for the use of the girls and women so employed, and shall permit the use of such by them when not necessarily en
gaged in the active duties for which they are employed. Whitewash- SEO. 7. The walls and ceilings of each room in every manufacing, etc.
turing establishment shall be lime washed or painted, when, in the opinion of the labor inspector, it shall be conducive to the
health or cleanliness of the person working therein. Enforcement.
SEC. 8. The grand jury shall have inquisitorial powers to investigate violations of this act, and judges of the circuit courts of the State shall specially charge the grand jury at the begin
ning of each term of the court to investigate violations of this act. Definition,
SEC. 9. The words “manufacturing establishment,” wherever used in this act, shall be construed to mean any mill, factory or
workshop where labor is employed. Act to be
SEC. 10. A copy of this act shall be conspicuously posted and posted.
kept posted in each workroom of every manufacturing establish
ment, mill, mine or workshop in this Commonwealth, Violations.
SEC. 11. Any person who violates any of the provisions of this act, or who suffers or permits any child to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor and, on conviction, shall be punished by a fine of not more than fifty dollars for the first offense and not more than two hundred
dollars for the second offense. Application of law.
Sec. 12. The provisions of this act shall not apply to the han. dling of fruits and vegetables in season, and the delivery of tobacco at the warehouses, and preparing same for the manufacturer.
CHAPTER 108.—Mine regulations-Inspectors.
The governor is hereby authorized and directed to appoint two additional assistant inspectors of mines, who shall hold office for four years and until their successors are appointed and qualified. Said assistants shall have a thorough knowledge of the different systems of working and ventilating coal mines and of the nature and properties of mine ga ses, especially of explosive gas, and shall have a thorough and practical knowledge of mining gained by at least five years experience at and in such mines. Said assistant inspectors before entering upon the discharge of their official duties, shall be sworn to discharge them faithfully and impartially, which oath shall be certified by the officer administering it and said certificate shall be filed with the secretary of state in his cffice and each of said assistants shall give bond in the penal sum of two thousand dollars, with surety to be approved by the governor, for the faithful discharge of his official duties. Each of said assistants shall give his entire time and attention to the duties of his office, which shall consist of aiding, under the directions of the chief inspector of mines, in carrying out the provisions of this act and of all other acts relating to the inspection of mines. He shall keep a record of all inspections made by him and make monthly report of the same to the chief inspector, and he shall at all times in all things pertaining to the duties of his oflice be subject to the orders of the chief inspector. Said assistants shall not be interested in operating any mine in this State, and they shall each be liable to dismissal for willful neglect of duty or malfeasance in office.
Each assistant inspector shall receive an annual salary of twelve hundred dollars, payable monthly, and shall likewise be allowed and paid his necessary traveling expenses when engaged in the discharge of his official duties.
SEC. 2. In order that the work of inspection of the mines may be
Districts. systematized and expedited, the State is hereby divided into two inspection districts, the main line of that division of the Louisville and Nashville Railroad, which extends from Louisville, Kentucky, to Nashville, Tennessee, being the division line between them. That part of the State west of the said railroad line shall be known as the first, or western, district, and that part east of said line shall be known as the second, or eastern, district. But, whenever he may deem it advisable to do so, the chief inspector of mines may divide the eastern district into two districts, thus making three inspection districts in all. One of the assistant inspectors shall reside in the western district and have as his especial assignment the inspection of the coal mines thereof; one shall reside in and have as his especial work the inspection of the coal mines of the eastern, or second, district; and one shall work in both districts, as the chief inspector may direct. Whenever the chief inspector may deem it expedient to divide the second district into two districts, he shall assign one of the assistant inspectors to work in the third district resulting therefrom, so that each of the three assistant inspectors (and the two additional ones herein provided for and the one already provided for by law) shall have charge of a district; but all the assistants shall be subject to the rules and regulations laid down by the chief inspector for the general conduct of the office of inspector of mines, and whenever the chief inspector may deem it necessary, in the interest of efficient supervision of the mines, to temporarily employ the services of two or of all three assistants at the same time in one and the same district, or whenever he may deem it desirable in the interest of efficient inspection to temporarily change assistants from one district to another, he shall have authority so to do.
SEC. 3. The owner, agent or operator of every coal mine in this Scales to be State at which the miners are paid by weight shall provide at such provided. mines suitable and accurate scales for the weighing of the coal for which the miners are to be paid ; and when differences arise between the owner, agent or operator of the mine and the miners employed in the same as to the accuracy or capacity of the scales, the question shall be referred to the chief State inspector of mines, whose duty it shall be to inspect and test said scales in person or by an assistant inspector of mines, as early as practicable after receiving notification; and should said inspector find the scales inaccurate or defective beyond the limit admitted in scales of standard manufacture, he shall notify the owner, agent or operator of the mine and said scales shall forthwith be repaired and made accurate or accurate scales substituted therefor. Any owner, agent or operator of a coal mine who refuses or fails to comply with instructions to render his mine scales accurate shall be guilty of a misdemeanor and, on conviction, shall be fined not less than five dollars nor more than fifty dollars.
SEC. 4. All mines known to generate fire damp or explosive gas Gas-produ: shall, as nearly as practicable, be inspected every sixty days; and cing mines. the chief inspector of mines is hereby directed to procure the most efficient and modern appliances and instruments, including a Shaw or other equally efficient gas tester, for detecting and estimating the amount of explosive gas in the mines, the same to be paid for upon the order of the inspector, approved by the governor, and they shall be the property of the State.
SEC. 5. It shall be unlawful for any person, firm or corporation, Oil. or any agent, or employee of same, to sell or furnish any oil to be used for illuminating purposes in coal mines in this State, unless the same shall have been inspected, approved and certified as hereinafter provided; and any person, firm or corporation, or the agent or employee of same, violating the provisions of this section, shall be guilty of a misdemeanor and fined not less than ten nor more than fifty dollars for the first offense; and for each subse
quent offense shall be fined not less than fifty dollars nor more
than one hundred dollars. Inspection of SEC. 6. It shall be the duty of the State inspector of mines, in oil,
person or by an assistant inspector of mines, to inspect all miners'
," the blanks to be filled out with the date and name of the inspector making the inspection ; but if the oil does not come up to the said requirements and tests, the barrel, cask or package shall be so marked substantially as follows: “Rejected for illuminating purposes in the coal mines of the State of Kentucky this - day of
- by Inspector -" the blanks to be filled out with the date and name of the person making the inspection. A record shall be kept in the office of the chief inspector of mines, showing the number of barrels or other packages or gallons inspected, whether approved or rejected, and giving date, place of business and name of the person, firm or
corporation for whom inspection was made. Tests.
Sec. 7. The requirements and tests which will authorize the approval provided for in the preceding section are as follows: It shall be a pure animal or vegetable oil or other material as free from smoke and bad odor and of equal merit as an illuminant as pure animal or vegetable oil, and not the product or by-product of rosin. The oil must be tested at sixty degrees Fahrenheit. Its specific gravity must not exceed twenty-four degrees Tagliabue. The test must be made in a glass jar one and five-tenths inches in width and seven inches in depth. Should the oil to be tested be below forty-five degrees Fahrenheit in temperature, it must be heated until it reaches eighty degrees Fahrenheit; and should the oil be at or over forty-five degrees Fahrenheit, but below sixty degrees, it must be raised to a temperature of seventy degrees Fahrenheit, and then, after being well shaken, it is to be allowed to cool gradually to a temperature of sixty degrees Fahrenheit before finally being tested. In testing the gravity of the oil, the Tagliabue hydrometer must be, when possible, read from below, and the last line which appears under the surface of the oil shall be re garded as the true reading. Should the oil be opaque or turbid, one-half of the capillary attraction shall be deemed and taken as the true reading. When the oil is tested under difficult circumstances, an allowance of one-half a degree may be made for possible errors in parallax before condemning the oil for use in the mine. All oil or other material used for illuminating purposes in mines shall be contained in barrels, casks or packages branded conspicuously with the name of the dealer, the specific gravity and
date of shipment. Time and SEC. 8. The inspection herein provided for shall be made at all place.
reasonable times and places on request of any person, firm or corporation enga ged in selling or furnishing illuminating oil for use
in the coal mines of this State. Wrongful use Sec. 9. Any person using any barrel, cask or package marked of barrels, etc. with the inspector's approval for the storage of any other oil than
that which was contained therein at the time said barrel, cask or package was so marked, shall be guilty of a misdemeanor and
punished as provided in the fifth section of this act. Instruments.
SEC. 10. There shall be provided for the office of inspector of mines all the instruments and appliances necessary for carrying out the provisions of this act, which shall be paid for on the order of the chief inspector, approved by the governor, and which shall belong to the State.
Local or special laws regulating labor, etc., not to be passed.
ARTICLE 48. The general assembly shall not pass any local or Certain lawg special law on the following specified subjects :
Granting to any corporation, association, or individual any special or exclusive right, privilege or immunity.
ART. 51. No law shall be passed fixing the price of manual labor. Fixing wages.
Who may be officers-Factory inspectors.
ABTICLE 210 (as amended, 1906). No person shall be eligible to Electors eligiany office, State, judicial, parochial, municipal, or ward, who is not
ble. a citizen of this State and a duly qualified elector of the State, judicial district, parish, municipality or ward, wherein the functions of said office are to be performed. And whenever any officer, State, judicial, parochial, municipal or ward, may change his residence from this State, or from the district, parish, municipality or ward in which he holds such office, the same shall thereby be vacated, any declaration of retention of domicile to the contrary notwithstanding. But the appointment or election to office of Exception. either male or female persons is allowed, to serve as factory inspectors as provided for by an act entitled "An act to regulate the employment of children, young persons and women in certain cases, and to provide penalties for violations of the provisions of this act;” adopted by the general assembly at its session of the year 1906.
Exemption of laborers, etc., from license tar.
ARTICLE 229. The general assembly may levy a license tax, and Laborers, etc., in such case shall graduate the amount of such tax to be collected not to pay lifrom the persons pursuing the several trades, professions, vocations, and callings. All persons, associations of persons and corporations pursuing any trade, profession, business or calling, may be rendered liable to such tax, except clerks, laborers, clergymen, school teachers, those engaged in mechanical, agricultural, horticultural, and mining pursuits, and manufacturers other than those of distilled, alcoholic or malt liquors, tobacco, cigars, and cotton seed oil.
State board of arbitration and conciliation.
(Page 20. Act No. 139, Acts of 1894.)
SECTION 1. Within thirty days after the passage of this act, the Appointment governor of the State, with the advice and consent of the senate, of board. shall appoint five competent persons to serve as a board of arbitration and conciliation in the manner hereinafter provided. Two of them shall be employers, selected or recommended by some association or board representing employers of labor, two of them shall be employees, selected or recommended by the various labor organizations and not an employer of labor, and the fifth shall be appointed upon the recommendation of the other four: Provided, Provisos. however, That if the four appointed do not agree on the fifth man at the expiration of thirty days, he shall be appointed by the governor: Provided, diso, That if the employers or employees fail to make their recommendation as herein provided within thirty
days, then the governor shall make said appointments in accordance with the spirit and intent of this act; sa id appointments, if made when the senate is not in session, may be confirmed at the
next ensuing session. Organization. SEC. 3. Each member of said board shall before entering upon
the duties of his office, be sworn to a faithful discharge thereof. They shall organize at once by the choice of one of their number as chairman, and one of their number as secretary. The board shall, as soon as possible after its organization, establish rules of
procedure. Mediation. SEC. 4. Whenever any controversy or difference not involving
questions which may be the subject of a suit or action in any court of the State, exists between an employer, whether an individual, copartnership, or corporation, and his employees, if at the time he employs not less than twenty persons in the same general line of business in any city or parish of this State, the board shall, upon application as hereinafter provided and as soon as practicable thereafter, visit the locality of the dispute and make ca reful inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective parties what, if anything, ought to be done or submitted to by either or
both to adjust said dispute. Decision to Sec. 5. Such mediation having failed to bring about an adjustbe published. ment of the said differences, the board shall immediately make
out a written decision thereon. This decision shall at once be made public, shall be recorded upon proper books of record to be kept by the secretary of said board, and a short statement thereof published in the annual report hereinafter provided for, and the said board shall cause a copy thereof to be filed with the clerk
of the court of the city or parish where said business is carried on. Applications
SEC. 6. Said application for arbitration and conciliation to said to board.
board can be made by either or both parties to the controversy ; and shall be signed in the respective instances by said employer or by a majority of the employees in the department of the business in which the controversy or difference exist(s), or the duly authorized agent of either or both parties. When an application is signed by an agent claiming to represent a majority of such employees, the board shall satisfy itself that such agent is duly authorized in writing to represent such employees, but the names of the employees giving authority shall be kept secret by said
SEC. 7. Said application shall contain a concise statement of the what.
grievances complained of, and a promise to continue on in business or at work in the same manner as at the time of the application without any lockout or strike until the decision of said board if it shall be made within ten days of the date of filing said
application. Ilearing. SEC. 8. As soon as may be after the receipt of said application,
the secretary of said board shall cause public notice to be given of the time and place for the hearing therein, but the public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given. When such request is made, notice shall be given to the parties interested in such manner as the board may order, and the board may, at any stage of the proceedings, cause public notice to be given, notwithstanding such request. Should the petitioner or petitioners fail to perform the promise made in said application, the board shall proceed no further therein until said petitioner or petitioners have complied with every order and
requirement of the board. Witnesses, Sec. 9. The board shall have power to summon as witnesses any etc.
operative in the department of business affected and any person who keeps the record of wages earned in these departments, and examine them under oath and to require the production of books and papers containing the record of wages earned or paid. Summons may be signed and oaths administered by any member of the board. The board shall have the right to compel the attendance of witnesses or the production of papers.