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cial of the State labor department, and anyone who shall refuse to allow the visitation in this section provided for, shall be guilty of a misdemeanor.
SEC. 11. No children, under the age of 16 years shall be employed Occupations at sewing belts, or to assist in sewing belts, in any capacity what- prohibited. ever; nor shall any children adjust any belt to any machinery; they shall not oil, or assist in oiling, wiping or cleaning machinery; they shall not operate or assist in operating circular or band saws, wood shapers, wood joiners, planers, sandpaper or wood polishing machinery, emery or polishing wheels used for polishing metal, wood turning or boring machinery, stamping machines in sheet metal and tinware manufacturing, stamping machines in washer and nut factories, operating corrugating tools, such as are used in roofing factories, nor shall they be employed in operating any steam boiler, steam machinery or other steam generating apparatus, or as pin boys in any bowling alleys; they shall not operate or assist in operating dough brakes or cracker machinery of any description; wire or iron straightening machinery; nor shall they operate or assist in operating rolling mill machinery, punches or shears, washing, grinding or mixing mill or calendar rolls in rubber manufacturing, nor shall they operate or assist in operating laundry machinery; nor shall they be employed in any capacity in preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating or assisting to operate any passenger or freight elevator; nor shall they be employed in any capacity whatever in the manufacture of goods for immoral purposes, or any other employment that may be considered dangerous to their lives or limbs, or where their health may be injured or morals depraved; nor in any theater, concert hall, or place of amusement wherein intoxicating liquors are sold; nor shall females Saloons, etc. under 16 years of age be employed in any capacity where such employment compels them to remain standing constantly: Provided, That in any action brought against an employer of any child under 16 years of age, on account of injuries sustained by the child while so employed, if the employer shall have obtained, and kept on file in like manner as herein provided for employment certificates, an affidavit of the parent or guardian, stating in substance that the child is not less than 16 years of age, such employment shall not be deemed a violation of this act. Any person employing any child in violation of the provisions of this section shall be guilty of a gross misdemeanor.
SEC. 12. In case any child appears to be unable to perform the Physical fit. labor at which he or she is employed, the officials of the labor de- ness. partment or truant officers may require the employer of such child to produce a certificate from some reputable practicing physician of the physical fitness of the child for such work, and a child as to whom such certificate can not be obtained shall not be employed. Any person refusing to produce the certificate herein required upon demand, or who shall employ a child when a certificate has been produced stating that such child is physically unable to work, shall be guilty of a gross misdemeanor.
[The following annotation, based on an earlier statute which is superseded by the above act, is reproduced as probably applicable to the present law as well :)
Failure on the part of an employer to obtain the employment certificate prescribed is a violation of the statute, and entitles a plaintiff to a remedy for the negligent acts of the employer. Violation of the law, with conse: quent injury from the dangerous machinery in use in the defendant's mill was properly held to be prima facie, but not conclusive, evidence of the plaintiff's right to recover. 97 N. W. Rep. 137.
CHAPTER 356.-Bureau of labor industries and commerce.
SECTION 1. The bureau of labor industries and commerce shall Oncers consist of a commissioner of labor, an assistant commissioner, and bureau. a statistician, and shall have its office in the capitol. The commissioner shall be appointed by the governor, by and with the
advice and consent of the senale, for a term ending on the first Monday of January in the odd-numbered year next ensuing. The other two members shall be appointed for like terms by the com
missioner, but all the members shall hold office until their respecInspectors, tive successors qualify. The commissioner shall also appoint, and
at pleasure remove, three deputy commissioners, five factory inspectors, five assistant factory inspectors, and such other employees as may be necessary, and for whose compensation provision is made by law. Two of the said factory inspectors shall act as inspectors of railroads. The factory inspectors and the assistant factory inspectors must be persons possessed of practical experience and knowledge in and of the operation of factories, and the appointment of any not so qualified shall be void. The commissioner shall be the head of the bureau, and may assign any other
member or employee thereof to any duty imposed thereon by law. Defnitions. SEC. 2. The words "factory” and “mill," as used in this chap
ter, shall mean any premises where water, steam, or other mechanical power is used in aid of any manufacturing or printing process there carried on. The term “ workshop," as so used, shall mean any premises, room, or place, not factory or mill as above defined wherein manual labor is exercised by way of trade, or for purposes of making, altering, repairing, cleaning, ornamenting, finishing, or adapting for sale any article or part thereof, and to or over which premises, room, or place, the employer of such labor has the right of access or control; but the exercise of such labor in a private house or room by members of the family dwelling therein, or by persons, a majority of whom are members of such family, shall not of itself constitute such house or room a workshop. The term "engineering work," as so used shall mean any work of construction, operation, alteration, or repair of a railroad or street railway, of the works of any gas, telephone, telegraph, water, electric light, or mining company, or upon any sewer, bridge, tunnel, or building erected by a municipality. But nothing herein shall interfere with the powers conferred by law upon the
board of railroad and warehouse commissioners. Duties of bu- Sec. 3. The bureau shall enforce all laws regulating the em
ployment of minors and women, for the protection of the health, lives, limbs, and rights of the working classes, and those prescribing the qualifications of persons in trades and crafts, and whenever requested by the proper school authorities of any school district shall also be clothed with the same powers for the enforcement of the compulsory education and truancy laws as those conferred on truant oilicers by section 1445, Revised Laws of 1905. It shall gather statistics relating to all branches of labor, to labor troubles and unions, to Sunday labor, to the industrial and social condition of the laboring classes, and to the condition of industries, commerce and agriculture. In the discharge of its duties, the members and employees of the bureau may enter and inspect any factory, mill, workshop, hotel, restaurant or engineering work at all reasonable times, and give such directions as may be necessary to enforce the laws. They also may enter any store, theater, amusement hall, bowling alley, pool room and place where intoxicating beverages are sold, for the purpose of enforcing the child labor and school attendance laws or other duties imposed upon them. Any member of the bureau may issue subpoenas and take testimony, and compel the attendance of witnesses, and shall have authority to administer oaths and take testimony under oath, but no person shall be compelled to attend as a witness unless he has been paid the fees provided for witnesses in the district
court. Reports from Sec. 4. On request of the bureau, and within the time limited employers.
therein, every employer of labor shall make a certified report to the bureau upon blanks furnished by it, of all matters covered by the request. The names of persons or concerns supplying such information shall not be disclosed. Every notice, order, or direction given by the bureau shall be in writing, signed by a member
of the bureau, and be served by him, or by any officer or disinterested person, as a summons is served in the district court. Papers so served and all records and documents of the bureau are hereby declared public documents, and shall not be destroyed within two years after their return or receipt by the bureau.
Sec. 5. Within ten days after the service of any such order or di- Appeals. rection of the bureau, any person aggrieved may apply to a judge of the district court for an order restraining its enforcement, and upon not more than thirty days' notice a hearing may be had before such court, or before three impartial expert referees appointed by the court, who shall file their report within ten days after the hearing. The court may alter, annul, or affirm the order or direction complained of; the decision to be based upon the hearing by the court, or upon the report of the referees. Such decisions shall take the place of the original order. In case of affirmance, the losing party shall pay reasonable compensation to the referees, to be fixed by the courts; if the decision be against the order, such compensation shall be paid out of the appropriation for the support of the bureau.
Sec. 6. Whenever the bureau learns of a violation of a local ordinance for the protection of employees it shall give written notice thereof to the proper municipal authorities, and take any steps permissible under the ordinance for its enforcement. If such violation be also a violation of the State law, and such local authorities fail to enforce the ordinance within thirty days after receiving from any person written notice of its violation, the bureau, upon petition of such person, shall investigate the same, and take steps to enforce the law.
SEC. 7. The bureau shall report to the legislature at each regular Reports session. Such report shall contain an account of the doings of the bureau. bureau, the statistics gathered by it, a statement of all violations of law which have come to its knowledge, and any proceedings had in consequence, and such recommendations as the commissioner deems proper. The report shall be printed and distributed as in the case of other executive documents. The commissioner shall also be empowered to issue and have distributed special reports or bulletins on subjects of investigation by the bureau, of special interest to the welfare and prosperity of the State. Such special reports shall be printed as in the case of other executive documents.
SEC. 8. Any officer, agent, or employee of the bureau who shall Offenses. disclose the name of any person supplying information at the request of the bureau shall be guilty of a gross misdemeanor. Any person who, having been duly subpænaed, shall refuse to attend or testify in any hearing held under the direction of said commissioner shall be guilty of a misdemeanor. Any owner or occupant of any factory, mill, workshop, engineering works, store or other place enumerated in section 3 of this act, or the agent of such person, who shall refuse to admit thereto any officer, agent, or employee of the bureau seeking entrance in the discharge of his duty, shall be guilty of a misdemeanor.
SEC. 9. The commissioner shall receive a salary of twenty-six Salaries. hundred dollars per year, the assistant commissioner eighteen hundred dollars; and the statistician thirteen hundred dollars. One of said deputy commissioners shall receive twelve hundred dollars per year, and two of said deputy commissioners shall receive eleven hundred dollars each per year; the five factory inspectors shall receive eleven hundred dollars each per year, and the five assistant factory inspectors shall receive one thousand dollars each per year, and the other employees of the bureau such reasonable pay as the commissioner may fix, not exceeding four dollars per day of actual service. The necessary traveling and other expenses of each shall be paid by the State, but no more than ten thousand dollars in addition to the annual salaries shall be expended by the bureau in any one year.
CHAPTER 456.-Factorice, workshops, etc.--Female inspector.
in- SECTION 1. The commissioner of labor is hereby authorized and
directed to appoint, in addition to the other employees of his de-
Protection of employees as voters, etc.
Laws to be SECTION 191. The legislature shall provide for the protection of passed. the employees of all corporations doing business in this State
from interference with their social, civil, or political rights by
Liability of railroad companies for injuries to employees.
Negligence of SECTION 193. Every employee of any railroad corporation shall superiors ; have the same right and remedies for any injuries suffered by
him from the act or omission of said corporation or its enployees,
ligence of a fellow-servant engaged in another department of or fellow- labor from that of the party injured, or of a fellow-servant on servants. another train of cars, or one engaged about a different piece of
work. Knowledge by any employee injured, of the defective or
unsafe cars, or engines voluntarily operated by them. Where Death. death ensues from any injury to employees, the legal or personal
representatives of the person injured shall have the same right
other persons. Any contract or agreement, express or implied, Contracts made by any employee to waive the benefit of this section shall waiving bene- be null and void ; and this section shall not be construed to deprive fits.
any employee of a corporation or his legal or personal representa-
A railroad company is liable for the death of a locomotive fireman occa-
brakeman on a train acting on the signal of the engineer to apply brakes, and injured by the engineer's negligence can not hold the company liable. While thus engaged in routine duties the engineer is not the superior of the brakeman within the meaning of this section. 70 Miss, 527.
A brakeman hurt while uncoupling a car without the use of a stick, in violation of a rule of the company, though acting in obedience to the order of his superior, the conductor, can not maintain an action under this section. 15 So. Rep. 133.
This section abolishes the defense of contributory negligence unless it be willful or reckless. 70 Miss, 20.
The injured employee need not be at the time carrying out a special command of his superior, but is entitled to recover if injured by his neg.
ligence. The superior officer may likewise be engaged in the primary duties of his station, and not in the positive duties of a master. 36 So. Rep. 691.
The provision that knowledge of defects shall not be a defense does not preclude such knowledge as a fact controlling the degree of care to be exercised by the employee under the circumstances from being admissible to show contributory negligence. 18 So. Rep. 449.
This ection is self-executing. Rights accruing thereunder are nforce able outside the State. 75 Fed. Rep. 873.
CODE OF 1906.
Protection of employees as voters.
SECTION 905. Any corporation doing business in this State shall Rights of embe liable to a penalty of two hundred and fifty dollars for every
ployees. unlawful interference with the social, civil, or political rights of any of its agents or employees, and the same may be recovered by suit, to be brought by the injured party.
Employment of children-Enticing.
SECTION 1080. Any person who shall persuade, entice, or decoy
children. away from its father or mother, with whom it resides, any child under the age of twenty-one years if a male, or eighteen if a female, being unmarried, for the purpose of employing such child without the consent of its parents, or one of them, shall, upon conviction, be punished by a fine of not more than twenty dollars, or imprisonment in the county jail not more than thirty days, or both.
5. To prevent another from exercising a lawful trade or calling,
with or doing any other lawful act, by force, threats, intimidation, or
ment. by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use or employment thereof;
Such persons, and each of them, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than twenty-five dollars, or shall be imprisoned not less than one month or more than six months, or both.
Enticing laborers-Contracts of employment-Fraud. SECTION 1146. If any person shall willfully interfere with, en
tract laborers. tice away, knowingly employ, or induce a laborer or renter who has contracted with another person for a specified time to leave his employer or the leased premises, before the expiration of his contract without the consent of the employer or landlord, he shall, upon conviction, be fined not less than twenty-five dollars nor more than one hundred dollars, and in addition shall be liable to the employer or landlord for all advances made by him to said renter or laborer by virtue of his contract with said renter or laborer, and for all damages which he may have sustained by reason thereof. Sec. 1147. Any laborer, renter or share cropper who has con
ployment. tracted with another person for a specified time in writing, not exceeding one year, who shall leave his employer or lea sed premises before the expiration of his contract, without the consent of
New the employer or landlord, and makes a second contract with a tract. second party without giving notice of the first contract to the second party, shall be guilty of a misdemeanor, and on conviction shall be fined not exceeding fifty dollars.
Fraudulent SEC. 1148. If any person, with intent to injure or defraud his employer or any person, enters into a contract, in writing duly