Stairways

Inspector.

SEC. 5. Stairways with substantial hand rails shall be provided in factories, mills, and manufacturing establishments, for the bet- and doors. ter safety of persons employed in said establishments. Wherever practicable the doors of such establishments shall swing outwardly, or slide, as ordered by the factory inspector, and it shall be neither locked, bolted, or fastened during working hours. SEC. 6. In incorporated cities and towns the mayor, with the consent of the council, and in parishes the police jury, shall appoint a factory inspector, who may be either male or female, to see that the regulations of this act are observed, and also to prosecute all persons who shall violate the same. Such inspector shall be paid a salary of not more than seven hundred and fifty dollars ($750) per annum. Said factory inspectors are hereby empowered to visit and inspect, at all reasonable hours, the factories, mills, manufacturing establishments, workshops and other establishments in this State, where the manufacture of goods is carried on, and all stores employing ten or more persons. It shall also be the duty of the factory inspectors to enforce all the provisions of this act, and to prosecute for all violations of the same before any magistrate, in any court of competent jurisdiction in this State, in the city or town, in which the said inspector is appointed and in which he exercises his powers.

Penalty.

"Person"

SEC. 7. Any person who shall violate any of the provisions of this act shall be deemed guilty of an offense for each violation thereof, and upon conviction for the same, shall be punished by a fine of not less than ten nor more than twenty-five dollars, or by imprisonment in the parish jail (parish prison in New Orleans) not more than thirty days, or both, in the discretion of the court. SEC. 9. The word "person" wherever used in this act shall be deemed to mean firms and corporations as well as individuals. SEC. 11. This act shall apply only, to cities and towns in this, Application of law. State having a population of ten thousand or more persons and shall take effect from and after January 1st, 1907. Nothing contained in this act shall be construed to apply to domestic or agricultural laborers or industries.

ACT No. 54.-Contracts of employment-Violation-Interference.

SECTION 1. Whoever shall willfully violate a hire, tenant or share contract, conditioned on the cultivation of land in this State, upon the faith of which contract money or goods have been advanced, by leaving the employ of the person or abandoning the land, the subject of the contract, without first tendering to the person by whom said money or goods was advanced, the amount of money or the value of the goods obtained; shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than ten ($10) dollars nor more than two hundred ($200) dollars, and in default of the payment of the fine shall be imprisoned in the parish jail for not more than ninety days at the discretion of the court.

defined.

Willful violations.

SEC. 2. Whoever shall willfully interfere with, entice away, in- Interference. timidate or induce a hired person, tenant or share band to leave the service of the employer or to abandon the land the subject of the contract, or who shall knowingly take into his employ any such person before the expiration of the contract, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than ten ($10) dollars nor more than two hundred ($200) dollars for each offense, and shall be liable in a civil action for damages to double the amount of any debt due by said hired person, tenant or share hand to the person, who had made the advances.

Fraudulent

SEC. 3. Any person taking advantage of the provisions of this act who shall falsely or fraudulently cause the arrest of, or other- prosecutions. wise unlawfully detain a hired person, tenant or share hand, who has not violated the contract, or after its expiration, such person shall be guilty of a misdemeanor and upon conviction shall be

fined in a sum not less than two hundred ($200) dollars nor more than five hundred ($500) dollars or imprisonment for not less than thirty days nor more than sixty days.

Contracts for SEC. 4. *# * * None of the penalties prescribed by this act, more than one shall apply to any farming contract which may be made' for a period longer than one year.

year.

MAINE.

Vaccination required.

Same subject.

List of employees.

Examination.

Penalty.

Safety plugs.

Violations.

Doors

open

REVISED STATUTES-1903.

CHAPTER 18.-Vaccination of employees in paper mills.

SECTION 83. No owner, agent or superintendent of any paper mill where domestic or foreign rags are used in the manufacture of paper shall hire or admit any person to work in or about said mill who has not been successfully vaccinated or revaccinated within two years, or to the satisfaction of the local board of health. SEC. 84. No person shall work in or about any paper mill where rags are used, who has not been successfully vaccinated or revaccinated within two years, or to the satisfaction of the local board of health.

SEC. 85. The owner, agent and superintendent in every paper mill where rags are used shall every year, in the months of February and September, make out and deliver to the local board of health, a list containing the names, ages, kind of work, and places of residence of all persons employed in or about said mill.

SEC. 86. In the months of March and October, annually, each and every person who is employed in a paper mill, shall be examined by the local board of health as to whether he or she is successfully and sufficiently protected by vaccination, and the local board of health shall in all cases be the judges of the sufficiency of the protection by vaccination.

SEC. 87. Whoever violates any provision of the four preceding sections shall be punished by a fine of not more than fifty dollars.

CHAPTER 22.-Inspection of steam boilers.

SECTION 22. No person or corporation shall manufacture, sell, use or cause to be used, except as hereinafter provided, any steam boiler in the State unless it is provided with a fusible safety plug, made of lead for boilers carrying steam pressure above fifty pounds per square inch, and of tin for boilers carrying steam pressure of fifty pounds and less per square inch, and said safety plug shall be not less than one-half inch in diameter, and shall be placed in the roof of the fire box when a fire box is used, and in all cases shall be placed in the part of the boiler fully exposed to the action of the fire, and as near the surface line of the water as good judgment shall dictate, excepting in cases of upright tubular boilers, when the upper tube sheet is placed above the surface line of the water, which class of boilers shall be exempted from the provisions of this section.

SEC. 23. If any person without just and proper cause removes from the boiler the safety plug, or substitutes any material more capable of resisting the action of the fire, or if any person or corporation uses or causes to be used, for six consecutive days, or manufactures or sells a steam boiler of a class not exempted from the provisions of the preceding section, unprovided with such safety fusible plug, such offender shall be fined not exceeding one thousand dollars.

CHAPTER 28.-Factories and workshops-Inspection, etc.

SECTION 37. Every building intended temporarily or permanently ing outwardly. for public use, *本 shall have all inner doors, intended for egress, open outwards. The outer doors of all such buildings shall be kept open when the same are used by the public, unless they

open outwards; but fly doors opening both ways may be kept

closed.

SEC. 38. * * every building in which any trade, manufacture or business is carried on, requiring the presence of workmen above the first story, * * * shall at all times be provided with suitable and sufficient fire escapes, outside stairs or ladders from each story or gallery above the level of the ground, easily accessible to all inmates in case of fire or of an alarm of fire; the sufficiency thereof to be determined as provided in the following section.

SEC. 39. In towns or parts of towns having no organized fire department, the municipal officers shall annually make careful inspection of the precautions and safeguards provided in compliance with the foregoing requirements, and pass upon their sufficiency as to arrangement and number, and upon their state of repair; and direct such alterations, additions and repairs as they adjudge necessary. In towns, cities and villages having an organized fire department, the duties aforesaid shall be discharged by the board of fire engineers.

SEC. 40. Such municipal officers or fire engineers shall give written notice to the occupant of such building, also to the owner thereof, if known, of their determination as to the sufficiency of said precautions and safeguards, specifying in said notice any alteration, addition or repair which they require. Sixty days are allowed for compliance with such notice and order.

SEC. 41. Any owner or occupant who neglects to comply with such order, within the time so allowed, forfeits fifty dollars, besides five dollars for every day's continuance of such neglect; and the building or part of a building so occupied shall be deemed a common nuisance, without any other evidence than proof of its use; and the keeper shall be punished accordingly. Said officers may forbid the use of such building for any public purpose until their order has been complied with. And if the owner or occupant of said building lets or uses the same in violation of such order, he forfeits not less than twenty nor more than fifty dollars for each offense.

SEC. 42. Whenever the municipal officers or engineers upon inspection, find that proper safeguards and precautions for escape in case of fire, or of alarm, have been provided, they shall give to the occupant of such building a certificate, under their hands, of such fact; which shall be valid for one year only from its date;

* Such officers shall return to the clerk's office of their town, monthly, a list of such certificates by them issued, which the clerk shall record in a suitable book.

SEC. 43. Every person receiving such certificate shall keep the same posted in such building. Such annual certificate, so posted, is prima facie evidence of the inspection of such building, and of the presence of such suitable safeguards and precaution. Every occupant of such building who neglects or refuses to procure such certificate, or to post the same as aforesaid, forfeits ten dollars for every week that he so neglects and refuses.

SEC. 44. Every municipal officer or fire engineer who refuses or neglects to perform the duties imposed upon him by the seven preceding sections forfeits fifty dollars.

Fire escapes.

Inspection.

Notice.

Penalty.

Certificate.

Evidence.

Penalty.

Separate bu

reau.

CHAPTER 40.-Bureau of labor-Inspector of factories. SECTION 40. The bureau of industrial and labor statistics shall constitute a separate and distinct department. The governor shall, with the advice and consent of the council, biennially, on the first Wednesday in February, appoint some suitable person identified with the industrial and labor interests of the State, who shall be designated Commissioner of Industrial and Labor Statistics, with an office in such place as shall be designated by er. the governor.

SEC. 41. The said commissioner shall collect, assort, systematize and present in annual reports to the governor, to be by him transmitted biennially to the legislature, statistical details, relating to

Commission

Duties.

Power.

all departments of labor in the State, and especially to the commercial, industrial, social, educational and sanitary condition of the laboring people, and to the permanent prosperity of the productive industries of the State; and shall also inquire into the immediate causes of strikes, lockouts and other disturbances of the relations between employers and employees.

SEC. 42. He may take and preserve evidence, examine witnesses under oath, and administer the same, and in the discharge of his duty, may enter any public institution of the State, and at reasonable hours, when open for business, any factory, workshop, mine Information or other place where labor may be employed. All State, county, be fur-city and town officers, are hereby directed to furnish to said commissioner upon his request, all statistical information in reference to labor and labor industries, which shall be in their possession as such officers.

to nished.

Inspector.

Duties.

Same.

Doors opening outwardly.

Report.

SEC. 43. The governor, with the advice and consent of the council, shall appoint an inspector of factories, workshops, mines and quarries who shall hold office for two years, or until his successor is appointed, unless sooner removed. Said inspector shall inquire into any violations of sections forty-eight to fifty-six inclusive, of this chapter, and assist in the collection of statistics and other information which may be required, for the use of the bureau of industrial and labor statistics. Whenever the governor shall be satisfied that said inspector can not perform all the duties of his office required by this section, in person, he shall, with the advice and consent of the council, appoint a sufficient number of assistant inspectors to assist him in so doing, who shall hold office for the term of two years, and act under the direction of said inspector, and shall receive the sum of two dollars a day and reasonable expenses while actually engaged in duty. They may, at any time, be removed for cause by the governor. For the purpose of inquiring into any violation of the provisions of said sections forty-eight to fifty-six of this chapter, relating to the regulation of the hours of labor and the employment of women and children in manufacturing and mechanical establishments, and enforcing the penalties thereof, such inspector and assistants may, at all reasonable times, enter any such establishments and make investigation concerning such violations. Such investigation shall be conducted with as little interruption as possible to the prosecution of the business of such establishment. Whoever interferes with said inspector or his assistants, in the performance of their duties as prescribed in this chapter, shall be fined fifty dollars.

The refusal and neglect of an employer to produce the certificates required by section 55 when requested by an inspector to do so, is not an interference with the performance of his duties within the meaning of this chapter. Active personal obstruction or interference is meant, and not mere nonaction. 84 Me. 55.

SEC. 44 (as amended by chapter 77, Acts of 1907). The said inspector, upon complaint, shall inquire into, and prosecute for, any violations of sections fifty-seven and fifty-eight of this chapter, relating to the fortnightly payment of wages. He shall also examine into the sanitary condition of factories, workshops, mines and quarries, and when any condition or thing is found that, in his opinion endangers the health or lives of the employees, he shall notify and direct the employer to rectify the same; and if said employer shall neglect or refuse so to do within a reasonable time, said inspector may cause the same to be done at the expense of the employer.

SEC. 45. He shall enforce the due observance of sections thirtyseven and thirty-eight of chapter twenty-eight, relating to the swinging of doors, and fire escapes in factories and workshops.

SEC. 46. He shall, on or before the first day of December annually, submit his report to the commissioner of industrial and labor statistics, and it shall be incorporated in, and printed with the annual report of the bureau of industrial and labor statistics.

CHAPTER 40.-Employment of women and children.

SECTION 48. No female minor under eighteen years of age, no male minor under sixteen years of age, and no woman shall be employed in laboring in any manufacturing or mechanical establishment in the State, more than ten hours in any one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and in no case shall the hours of labor exceed sixty in a week; and no male person sixteen years and over shall be so employed as above, more than ten hours a day during minority, unless he voluntarily contracts to do so with the consent of his parents, or one of them, if any, or guardian, and in such case he shall receive extra compensation for his services: Provided, however, That any female of eighteen years of age or over, may lawfully contract for such labor for any number of hours in excess of ten hours a day, not exceeding six hours in any one week or sixty hours in any one year, receiving additional compensation therefor; but during her minority, the consent of her parents, or one of them, or guardian, shall be first obtained.

Ten hours a

day's labor.

Proviso.

SEC. 49. Every employer shall post in a conspicuous place in Timeschedule to be posted. every room where such persons are employed, a notice printed in plain, large type, stating the number of hours' work required of them on each day of the week, the exact time for commencing work in the morning, stopping at noon for dinner, commencing after dinner, and stopping at night; the form of such printed notice shall be furnished by the inspector of factories, workshops, mines and quarries, and shall be approved by the attorney-general. And the employment of any such person for a longer time in any day than that so stated, shall be deemed a violation of the preceding section, unless it appears that such employment is to make up for time lost on some previous day of the same week, in consequence of the stopping of machinery upon which such person was em ployed or dependent for employment.

SEC. 50. Whoever, either for himself, or as superintendent, overseer or agent of another, employs or has in his employment any person in violation of the provisions of section forty-eight, and every parent or guardian who permits any minor to be so employed, shall be punished by a fine of not less than twenty-five, nor more than fifty dollars for each offense. A certificate of the age of a minor made by him and by his parent or guardian at the time of his employment, shall be conclusive evidence of his age in behalf of the hirer, upon any prosecution for a violation of the provisions of section forty-eight. Whoever falsely makes and utters such a certificate with an intention to evade the provisions of this chapter relating to the employment of minors, shall be subject to a fine of one hundred dollars.

etc.

Penalty.

Certificate.

SEC. 51. Any person, firm or corporation engaged in any manu- Notice of infacturing or mechanical business, may contract with adult or tention to leave minor employees to give one week's notice of intention on such employment, employee's part, to quit such employment under a penalty of forfeiture of one week's wages. In such case, the employer shall be required to give a like notice of intention to discharge the employee; and on failure, shall pay to such employee, a sum equal to one week's wages. No such forfeiture shall be enforced when the leaving or dicharge of the employee is for a reasonable cause: Provided, however, That the enforcement of the penalty aforesaid, shall not prevent either party from recovering damages for a breach of the contract of hire.

An employee does not incur forfeiture by leaving without notice on account of reduction of wages. Nor does an employer incur forfeiture by reducing wages without notice. 39 Atl. Rep. 280.

SEC. 52 (as amended by chapter 46, Acts of 1907). No child under fourteen years of age, shall be employed in any manufacturing or mechanical establishment in the State. Whoever, either for

Proviso.

Age limit.