accustomed to assemble, railroad or public highway, and to be so planned and managed as to insure as great safety as is consistent with the nature of the business, then the chief inspector of workshops and factories shall approve the plans and location of such factory, storehouse or magazine.

Plans to be submitted.

SEC. 2. Any person, corporation or partnership, that shall hereafter engage in the business of manufacturing, storing or handling any of the high explosives mentioned in section one of this act shall, before engaging in such business, report to the chief inspector of workshops and factories, upon blanks to be furnished by such chief inspector, upon application, the kind and amount of the explosives, such person, partnership or corporation proposes to manufacture or handle, together with a drawing showing the plans of all factories, storehouses and magazines, with an accurate statement of the distance such proposed factory, storehouse or magazine, shall be located from the nearest factory, workshop, mercantile or other establishment, occupied dwelling, church, schoolhouse, or building in which people are accustomed to assemble, railroad or public highway, which report, together with the plans, shall be submitted to the inspector of high explosives for personal examination, correction and approval. And it shall be unlawful for any person, partnership or corporation to engage in such business until such plans are approved by the chief inspector of workshops and factories, and it shall be unlawful for any person, partnership or corporation now engaged in the business of manufacturing, handling or storing any of the high explosives mentioned in section one of this act to continue such business after September 15, 1904, without the approval of the chief inspector of workshops and Approval refactories as provided in section 1 of this act. Any person, partner- quired. ship or corporation who shall engage in the business of manufacturing, storing or handling any of the high explosives mentioned in section one of this act on or at any time after September 15, 1904, without first having obtained the approval of the chief inspector of workshops and factories as herein provided, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $100, nor more than $1,000. Nothing in this act shall be Application held to apply to persons, partnerships or corporations engaged in of law. the wholesale or retail drug business, or to retail dealers in gunpowder, fuses or fireworks, who store not to exceed twenty-five (25) pounds at any one place at one time, and it shall be the duty of the chief inspector of workshops and factories and the inspector of high explosives to enforce the provisions of this act.

Employment offices.

(Page 485.)

License re

SECTION 1. No person, firm or corporation in this State shall open, operate or maintain a private employment agency for hire, quired. or where a fee is charged to either applicant for employment or for help without first obtaining a license for the same from the State commissioner of labor statistics. Such license fee in cities shall not be less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars per annum. In villages not less than ten ($10.00) dollars nor more than twenty-five ($25.00) dollars per annum. Every license shall contain the designation of the city or village, street and number of the building in which the licensed party conducts said employment agency. The license, together with a copy of this act, shall be posted in a conspicuous place in posted. each and every employment agency. No agency shall print, publish or paint [on] any sign, window, or insert in any newspaper or publication, a name similar to that of the Ohio free public employment offices. The commissioner of labor shall require with each applicant for a license a bond in the penal sum of five hundred ($500) dollars with one or more sureties, to be approved by the said commissioner, and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions or require

Law to be

Bond.

Register.

Fee.

ments of this act. The said commissioner is authorized to cause an action or actions to be brought on said bond in the name of the people of the State of Ohio for any violation of [any of] its conditions, and he may also revoke upon a full hearing, any license, whatever [whenever] in his judgment, the party licensed shall have violated any of the provisions of this act. It shall be the duty of every licensed agency to keep a register, in which shall be entered the name and address of every applicant. Such licensed agency shall also enter into a register the name and address of every person who shall make application for help or servants; and the name or nature of the employment for which such help shall be wanted. Such register shall at all reasonable hours, be open to the inspection and examination of the commissioner of labor or his agents. Where a registration fee is charged for receiving or filing applications for employment or help, said fee shall in no case exceed the sum of two ($2) dollars for which a receipt shall be given, in which shall be stated the name of the applicant, the amount of the fee, the date, the name or character of the work or situation to be procured. In case the said applicant shall not obtain a situation or employment through such licensed agency within one month after registration as aforesaid, then said licensed agency shall forthwith repay and return to such applicant, upon demand being made therefor, the full amount of the fee paid or delivered by said applicant to said licensed agency, provided that such demand be made within thirty (30) days after Immoral re- the expiration of the period aforesaid. No agency shall send or cause to be sent any female help or servant to any place of bad repute, house of ill fame or assignation house, or any house or place of amusement kept for immoral purposes. No such licensed agency shall publish or cause to be published any false or fraudulent notice or advertisement, or to give any false information, or to make any false promise concerning or relating to work or employment to anyone who shall register for employment, and no licensed agency shall make any false entries in the register to be kept as herein provided. No person, firm or corporation shall conduct the business of any employment office in, or in connection with, any place where intoxicating liquors are sold.

sorts.

Enforce

ment.

Definition.

Same.

Fund.

SEC. 2. It shall be the duty of the commissioner of labor to enforce this act, when informed of any violation, [and] it shall be his duty to institute criminal proceedings for the enforcement of its penalties before any court of competent jurisdiction. Any person convicted for the violation of the provisions of this act shall be guilty of a misdemeanor and shall be fined not less than fifty ($50) dollars nor more than one hundred ($100) dollars for each offense, or by imprisonment in the county jail for a period not exceeding six (6) months, or both, at the discretion of the court.

SEC. 3. A private employment agency is defined and interpreted to mean any person, firm or corporation furnishing employment or help, or who shall display any employment sign or bulletin, or through the medium of any card, circular or pamphlet, offering employment or help, shall be deemed an employment agency, and subject to the provisions of this act, whether a fee or commission is charged or not: Provided, That charitable organizations are not included.

SEC. 4. The term "applicant for employment" as used in this act, shall be construed to mean any person seeking work of any lawful character, and “applicant for help shall mean any person or persons seeking help in any legitimate enterprise; and nothing in this act shall be construed to limit the meaning of the term "work" to manual labor, but it shall include professional service and all other legitimate service.

SEC. 5. All money or moneys received from fees and fines as herein provided shall be held by [the] said commissioner of labor, and the same shall constitute a fund for the purpose of enforcing the provisions of this act; and the said commissioner shall at the

end of each fiscal year, make an account of said fund and pay into the State treasury whatever balance shall remain after paying the necessary disbursements for the purpose of enforcing the provisions of this act.

Employers' liability-Assumption of risk.

(Page 547.)

Negligence

SECTION 1. In any action brought by an employee, or his legal representative, against his employer, to recover for personal in- of employers. juries, when it shall appear that the injury was caused in whole or in part by the negligent omission of such employer to guard or protect his machinery or appliances, or the premises or place where said employee was employed, in the manner required by any penal statute of the State or United States in force at the date of the passage of this act, the fact that such employee continued in said employment with knowledge of such omission, shall not operate as a defense; and in such action, if the jury find for the plaintiff, it may award such damages not exceeding, for in- limited. juries resulting in death, the sum of five thousand dollars, and for injuries not so resulting, the sum of three thousand dollars, as it may find proportioned to the pecuniary damages resulting from said injuries; but nothing herein shall affect the provisions of section 6135 of the Revised Statutes [relating to injuries causing death.]

Recovery

Contributory

Nothing herein contained shall be construed as affecting the defense of contributory negligence, nor the admissibility of evi- negligence. dence competent to support such defense.

ACTS OF 1906.

Safety appliances on railways-Self-cleaning ash pans on

locomotives.

(Page 46.)

SECTION 1. Any person, firm or corporation, owning, operating Dump pans or controlling any railroad running through or within the State required. of Ohio, shall in all cases where practical, cause each and every locomotive now in use upon such railroad, to be equipped with a self-cleaning ash dump pan of modern and approved pattern and design; and all engines or locomotives now in course of construction or that shall be built or constructed in the future, shall be so equipped. And in no case shall any engineer or fireman be compelled to go under any locomotive for the purpose of removing ashes from the same, except in cases of emergency.

SEC. 2. Any person, or corporation who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined for each offense in any sum not less than $500 or more than $1,000: Provided, That this act shall not apply to any person, firm or corporation owning, operating or controlling any railroad or division thereof running through or within this State, who do not require engineers or firemen to go under the engine for the purpose of removing ashes from the same except in cases of emergency.

Violations.

Defenses ab

SEC. 3. Any person, firm or corporation failing to comply with the provisions of this act, shall not be allowed to set up or make rogated. the defense of contributory negligence, or assumption of risk, in any action for personal injury to, or death of, any engineer or fireman resulting from the failure of such person, firm or corporation to comply with the provisions of this act.

Safety appliances on railways-Brakes, couplers, etc.

(Page 75.)

SECTION 1. It shall be unlawful for any common carrier engaged in moving traffic by railroad between points within this State to use on its line any locomotive in moving such traffic not equipped

Brakes.

Couplers.

with power driving wheel brakes and appliances for operating the train brake system, or to run any train in such traffic that has not seventy-five per centum of its cars in such train having their brakes used and operated by the engineer of the locomotive drawing such train, and all power brake cars in such train shall be associated together and have their brakes used and operated. The commissioner of railroads and telegraphs, or any board or railroad commission, which may by law assume the authority and perform the duties of the commissioner of railroads and telegraphs, may from time to time, after full hearing and for good cause shown, increase the minimum percentage of cars in any train required to be operated by power or train brakes and failure to comply with any such requirement of said commissioner, or commission, shall be subject to a like penalty as failure to comply with any requirement of this act.

SEC. 2. It shall be unlawful for any such common carrier to haul, or permit to be hauled or used on its line, any locomotive, car, tender, or similar vehicle used in moving State traffic, not equipped with couplers coupling automatically by impact, and which can be uncoupled, without the necessity of men going between the ends of the cars.

SEC. 3. It shall be unlawful for any such common carrier to haul Grab irons. or permit to be hauled or used on its line any locomotive, car, tender, or similar vehicle used in moving State traffic, not provided with secure grab irons or hand holds in the sides and ends thereof; each and every car used in the movement of State traffic shall be provided with secure sill steps on each end of each side thereof.

Drawbars.

Cars of connecting lines.

Violations.

Defenses abrogated.

SEC. 4. It shall be unlawful for any such common carrier to use any locomotive, tender, car, or similar vehicle used in the movement of State traffic, that is not provided with drawbars of the standard height, to wit, standard-gauge cars, 344 inches; narrowgauge cars, 26 inches, measured perpendicular from the level of the tops of the rails to the centers of the drawbars; the maximum variation from such standard heights between drawbars of empty and loaded cars shall be three inches.

SEC. 5. Any such common carrier may refuse to receive from connecting lines or from any shipper any car not equipped in accordance with the foregoing sections of this act.

SEC. 6. Any such common carrier using or permitting to be used or hauled on its line any locomotive, tender, car, or similar vehicle, or train, in violation of any of the provisions of this act shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the prosecuting attorney in the common pleas court of the county having jurisdiction in the locality where such violation shall have occurred; and it shall be the duty of such prosecuting attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall be the duty of the commissioner of railroads and telegraphs, or any board or railroad commission, which may by law assume the authority and perform the duties of the commissioner of railroads and telegraphs, to lodge with the proper prosecuting attorneys information of any such violations as may come to its knowledge: Provided, That nothing in this act contained shall apply to locomotives, tenders, cars, or trains, exclusively used in the movement of logs, and when the height of the drawbars on such locomotives, tenders and cars does not exceed 25 inches, or to street cars, or to locomotives, tenders, cars, similar vehicles, or trains, while any of which are in actual use in interstate commerce.

SEC. 7. Any employee of any such common carrier who may be killed or injured by any locomotive, tender, car, similar vehicle, or train, in use contrary to the provisions of this act, shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carrier after the unlawful use of such locomotive, tender, car, similar vehicle, or train had been brought to his knowledge, nor shall such employee

be held to have contributed to his injury in any case where the carrier shall have violated any provision of this act, when such violation contributed to the death or injury of such employee.

SEC. 8. The commissioner of railroads and telegraphs, or any board or railroad commission, which may by law assume the authority and perform the duties of the commissioner of railroads and telegraphs, is hereby authorized to grant to any common carriers, upon full hearing and for good cause, a reasonable extension of time in which to comply with the provision of this act: Provided, That in no case shall such extension or extensions in the aggregate exceed the period of one year from the passage of this act.

Mine regulations-Sprinkling dusty entries, etc.

(Page 169.)

Extensions.

SECTION 1. In case any entry or air way of any mine is so dry Sprinkling that the air becomes charged with dust the operator, or whoever required, when. is operating said mine, as owner, lessee, agent or in any capacity shall have such entry or air way regularly and thoroughly sprayed and sprinkled with water or cleaned in such manner that the air will not become charged with dust.

Duty

of

SEC. 2. It shall be the duty of the State mine inspectors to enforce all possible preventive measures necessary to maintain the mine inspectsafety of the persons employed in any mine against the gathering ors. or accumulating of any combustible matter that is explosive in its nature, and shall cause the operator or whoever is operating such mine as owner, lessee, agent or in any capacity, to immediately remove any such gathered or accumulated matter.

SEC. 3. Any operator, or whoever is operating such mine as owner, lessee, agent or in any capacity, who shall neglect or refuse to comply with the conditions required to be performed by sections one (1) and two (2) of this act shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not exceeding five hundred dollars ($500) nor less than two hundred ($200), at the discretion of the court.

Mine regulations-Employment of miners.

(Page 259.)

Violations.

Qualifica

SECTION 1. Every person desiring to work by himself as a miner in the coal mines of this State shall first produce satisfactory evi- tlons. dence to the mine boss of the mine in which he is employed, or desires to be employed, that he has worked at least one year with, or as a practical coal miner. Until said applicant has so satisfied the mine boss of the mine in which he seeks such employment of his competency, he shall not be allowed to mine coal unless accompanied by some competent coal miner, until he becomes duly qualified: Provided, That this act shall not [only] apply to mines generating fire damp, gas or combustible matter.

SEC. 2. Any person violating section one of this act, shall be deemed guilty of a misdemeanor, and upon conviction be fined, not more than two hundred dollars, nor less than twenty-five dollars, at the discretion of the court.

Accidents on railroads.

Violations.

(Page 356.)

Accidents to

SECTION 29. Every railroad shall, whenever an accident attended with loss of human life occurs within this State, upon its line of be reported. road or on its depot grounds or yards, give immediate notice thereof to the commission. In the event of any such accident, the commission, if it deem the public interest requires it, shall cause tions. an investigation to be made forthwith, which investigaton shall be held in the locality of the accident, unless, for greater conven

Investiga