Reports by owners, etc.

Liability.

Inspector.

Duty of inspector.

Access

mines.

section results in the death of the person injured, notice in writing shall be sent to the inspector within twenty-four hours after such death comes to the knowledge of the owner, agent or manager; and when loss of life occurs in any mine by explosion, or accident, or results from personal injury so received, the owner, agent or manager of such mine shall notify the coroner of the county in which such mine is situated, and the coroner shall hold an inquest upon the body of the person whose death has been caused, and inquire carefully into the cause thereof, and return a copy of the finding of the jury and all the testimony to the inspector.

SEC. 4941. The owner, lessee or agent in charge of any mine, any limestone quarry, or who is engaged in mining or producing any mineral whatsoever in this State, shall, on or before the thirtieth day of November in every year, send to the office of the inspector upon blanks to be furnished by him a correct return, specifying with respect to the year ending on the preceding first day of October the quantity of coal, iron ore, fire clay, limestone or other mineral product of such mine or quarry, and the number of persons ordinarily employed in or about such mine or quarry below and above ground, distinguishing the persons and labor below ground and above ground.

SEC. 4942. For any injury to person or property occasioned by any willful violation of this chapter, or any willful failure to comply with its provisions, by any owner, agent or manager of the mine, a right of action shall accrue to the party injured for any damage he may have sustained thereby; and in any case of loss of life by reason of such willful neglect or failure aforesaid, a right of action shall accrue to the personal representative of the deceased, as in other actions for wrongful death.

SEC. 4943. The commissioner of labor and printing shall perform the duties of mine inspector as provided in this chapter.

SEC. 4944. It shall be the duty of the inspector to examine all the mines in the State as often as possible to see that all the provisions and requirements of this chapter are strictly observed and carried out; he shall particularly examine the works and machinery belonging to any mine, examine into the state and condition of the mines as to ventilation, circulation and condition of air, drainage and general security.

to SEC. 4945. For the purpose of making the inspection and examinations provided for in this chapter, the inspector shall have the right to enter any mine at all reasonable times, by night or by day, but in such manner as shall not unnecessarily obstruct the working of the mine; and the owner or agent of such mine is hereby required to furnish the means necessary for such entry and inspection; the inspection and examination herein provided for shall extend to fire-clay, iron ore and other mines as well as coal mines.

Investigation of accidents.

Records.

SEC. 4946. Upon receiving notice of any death resulting from accident it shall be the duty of the inspector to go himself, or send a representative, at once to the mine in which said death occurred and inquire into the cause of the same, and to make a written report fully setting forth the condition of the part of the mine where such death occurred and the cause which led to the same; which report shall be filed by the inspector in his office as a matter of record, and for future reference.

SEC. 4947. He shall make a record of all examinations of mines, showing the date when examination [was] made, the conditions in which the mines are found, the extent to which the laws relating to mines and mining are observed or violated, the progress made in the improvements and security of life and health sought to be secured by the provisions of this chapter, number of accidents, injuries received or deaths in or about the mines, the number of mines in the State, the number of persons employed in or about each mine, together with all such other facts and information of public interest, concerning the condition of mines, development and progress of mining in the State as he may think useful and proper, which record shall be filed in the office of the inspector, and as much thereof as may be of public interest to be included in his annual report.

SEC. 4948. He shall keep in his office and carefully preserve all maps, surveys and other reports and papers required by law to be filed with him, and so arrange and preserve the same as shall make them a permanent record of ready, convenient and connected reference.

Maps, etc.,

to be filed.

Disagree

SEC. 4949. In case of any controversy or disagreement between the inspector and the owner or operator of any mine or the per- ments. sons working therein, or in case of conditions or emergencies requiring counsel, the inspector may call on the governor for such assistance and counsel as may be necessary. Should the inspector find any of the provisions of this chapter violated or not complied with by any owner, lessee or agent in charge, unless the same is within a reasonable time rectified, and the provisions of this chapter fully complied with, he shall institute an action in the name of the State to compel the compliance therewith. The inspector shall exercise a sound discretion in the enforcement of this chapter.

SEC. 4950. On application of the inspector, after suit brought as directed in the preceding section, any court of competent jurisdiction may enjoin or restrain the owner or agent from working or operating such mine until it is made to conform to the provisions of this chapter; and such remedy shall be cumulative, and shall not take the place of or affect any other proceedings against such owner or agent authorized by law for the matter complained of in such action.

Injunction.

Annual

SEC. 4951. The inspector shall annually make report to the governor of all his proceedings, the condition and operation of the ports. different mines of the State, and the number of mines and the number of persons employed in or about such mines, the amount of coal, iron ore, limestone, fire-clay or other mineral mined in this State; and he shall enumerate all accidents in or about the mines, and the manner in which they occurred, and give all such other information as he thinks useful and proper, and make such suggestions as he deems important relative to mines and mining, and any legislation that may be necessary on the subject for the better preservation of the life and health of those engaged in such industry.

re

Application

SEC. 4952. The provisions of this chapter shall not apply to or affect any mine in which not more than ten men are employed at of law. the same time; but the inspector shall at all times have free ingress to such mines for the purpose of examination and inspection, and shall direct and enforce any regulation in accordance with the provisions of this chapter that he may deem necessary for the safety of the health and lives of the miners employed therein.

Emigrant agents.

SECTION 5132. Taxes in this subchapter shall be imposed as license tax for the privilege of carrying on the business or doing the act named, *** The license issued under this subchapter shall be for twelve months, and shall expire on the thirty-first day of May of each year. * * *

Тах ге. quired;

Of emigrant

SEC. 5180. On every emigrant agent or person engaged in procuring laborers for employment out of this State an annual license agents. tax of one hundred dollars for the State and one hundred dollars for the county for each county in which such agent or person does business, the same to be collected by the sheriff. Anyone engaging in this business without first paying said tax shall be guilty of a misdemeanor and fined not less than two hundred dollars or imprisoned, in the discretion of the court.

Employers to furnish names of taxable employees.

SECTION 5201. *

Any corporation, firm or person who

Duty of

shall, on demand or request made, refuse to give to the tax col- employers. lector of any county, city or town a list giving the names of all persons employed by them who are liable for tax, shall be guilty

of a misdemeanor.

*

Limit:

ACTS OF 1907.

CHAPTER 456.-Hours of labor of employees on railroads.

SECTION 1. It shall be unlawful for any railroad company doing business in the State of North Carolina, or for any officer, agent or employee thereof who has the direction of or control over any employee or agent of the classes mentioned below, to cause or knowingly permit or allow any employee belonging to any such class to render any service of such railroad company pertaining to the movement of trains, for a greater number of hours in any twenty-four hours than is hereinafter specified, to-wit:

For train dis- (a) Any employee doing the work of a train dispatcher (or telepatchers, etc.; graph operator), having in charge in any degree the direction of the movement of any train or trains in North Carolina, for more than eight hours in any twenty-four hours: Provided, The corporation commission of North Carolina is hereby authorized to permit any such telegraph operator at any station on any road in this State to work for a longer time, not exceeding twelve hours in any twenty-four hours, where the said corporation commission shall determine that the safety of the traveling public will not be endangered by such extension of hours.

For men.

train

Violations.

Overtime.

(b) Any conductor, flagman, engineer, brakeman, fireman or other member of any train crew, for more than sixteen hours in any twenty-four hours.

SEC. 2. Any railroad company, or officer or agent thereof, having the direction of or control over any employee mentioned in section one of this act, who shall violate any of the provisions hereof, shall be guilty of a misdemeanor, and upon conviction such railroad company shall be fined not less than five hundred dollars; and such officer or agent shall be fined or imprisoned, or both, in the discretion of the court.

Working SEC. 3. Any train dispatcher or telegraph operator, having in charge in any degree the direction of the movement of any train or trains in North Carolina, who shall work more than eight hours in any twenty-four hours as an employee performing the duties aforesaid, except as shall be permitted by the corporation commission under the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, in the discretion of the court.

Same.

Proviso.

Age limit.

SEC. 4. Any conductor, flagman, fireman, engineer, brakeman, or other member of any train crew, who shall work for any railroad company more than sixteen hours in any twenty-four hours, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, or both, in the discretion of the court: Provided, That it shall not be held a violation of this act by any conductor, brakeman, flagman, engineer, fireman or other member of any train crew who shall work more than sixteen hours in any twenty-four hours in order to clear the track or tracks of said railroad company from wrecks, washouts, or obstruction caused by the act of God, so that they may bring the train or trains operated by them to a station on said road, which station shall be either the schedule destination of said train or the station at which there is regularly a change of train crews; nor shall it be held a violation of this act by the corporation, officers or agents thereof, to permit the said conductor, flagman, brakeman, fireman, engineer or other member of a train crew to work overtime under the circumstances and conditions hereinbefore stated.

CHAPTER 463.-Employment of children.

SECTION 1. No child under twelve years of age shall be employed or worked in any factory or manufacturing establishment within this State: Provided further, That after one thousand nine hundred and seven no child between the ages of twelve and thirteen years of age shall be employed or work in a factory except in

apprenticeship capacity, and only then after having attended school four months in the preceding twelve months.

Hours of la

SEC. 2. Not exceeding sixty-six hours shall constitute a week's work in all factories and manufacturing establishments of this bor. State. No person under eighteen years of age shall be required to work in such factories or establishments a longer period than sixty-six hours in one week: Provided, That this section shall not apply to engineers, firemen, machinists, superintendents, overseers, section and yard hands, office men, watchmen or repairers of breakdowns.

SEC. 3. All parents, or persons standing in relation of parent, Parents to upon hiring their children to any factory or manufacturing estab- report age. lishment, shall furnish such establishment a written statement of the age of such child or children being so hired, and certificate as to school attendance; and any parent, or person standing in the relation of parent to such child or children, who shall in such written statement misstate the age of such child or children being so employed, or their school attendance, shall be guilty of a misdemeanor, and upon conviction shall be punished at the discretion of the court. Any mill-owner, superintendent or manufacturing establishment, who shall knowingly or willfully violate the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished at the discretion of the court.

SEC. 4. After one thousand nine hundred and seven no boy or Night work. girl under fourteen years old shall work in a factory between the hours of eight p. m. and five a. m.

NORTH DAKOTA.

CONSTITUTION.

Interfering with employment.

to be free.

SECTION 23. Every citizen of this State shall be free to obtain Employment employment wherever possible, and any person, corporation or agent thereof, maliciously interfering or hindering in any way,. any citizen from obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of a misdemeanor.

Commissioner of agriculture and labor.

*

to be elected.

SECTION S2. There shall be chosen by the qualified electors of Commissioner the State at the times and places of choosing members of the legislative assembly, one commissioner of agriculture and labor, who shall have attained the age of twenty-five years, shall be citizens of the United States, and shall have the qualifications of State electors. They shall severally hold their offices at the seat of government, for the term of two years and until their successors are elected and duly qualified,

Employment of children.

* *

*

SECTION 209. The labor of children under twelve years of age shall be prohibited in mines, factories and workshops in this State.

Age limit.

Blacklisting.

"

SECTION 212. The exchange of "black lists' between corporations shall be prohibited.

Blacklisting

prohibited.

Duty of commissioner.

Duty of officials.

REVISED CODES OF 1905.

POLITICAL CODE.

Commissioner of agriculture and labor.

SECTION 127. It shall be the duty of the commissioner of agriculture and labor to collect, systematize and present in biennial reports to the legislative assembly statistical details relating to all labor departments in the State, such as hours and wages of labor, the estimated number of persons employed by the several industries within the State, the operation of labor saving machinery and its relation to hand labor, a description of the different kinds of labor organizations in existence in this State, and what they have accomplished in favor of the class for which they were organized. Such statistics may be classified as the commissioner of agriculture and labor deems best.

SEC. 128. It shall be the duty of all State, county, township and municipal officers to furnish upon the written request of the commissioner of agriculture all the information in their power necessary to assist in carrying out the objects of this article. For the purpose of obtaining statistics relating to manufactures and mining the commissioner of agriculture shall procure in a manner that may seem best to him, the names and addresses of all the manufacturers and mine owners and operators in the State, and Owners of shall transmit by mail to each owner, operator or manager of each factories, etc. shop, mill, manufacturing establishment or mine, not later than the first day of July of each year, suitably prepared blanks embodying inquiries into the subjects upon which the commissioner is required or authorized to prepare statistics, which blanks shall be filled out complete and returned to the commissioner not later than the first day of August following. The information so obtained shall be preserved, systematized and tabulated by the commissioner, but no information concerning the business or affairs of any individual, firm, company or corporation shall be divulged or in any manner made public by the commissioner or any one in the employ of his office, and any violation of this provision shall subject the party violating to a fine of not more than five hundred dollars or to imprisonment of not more than one year, or both such fine and imprisonment. The refusal or neglect of any such owner, operator or manager of any shop, mill, manufacturing establishment or mine to supply the information asked by the commissioner within the time designated shall be construed as a violation of section one hundred and twenty-nine and shall subject the party so offending to the penalties therein prescribed; Provided, That no prosecution shall be begun against such persons for such neglect or refusal until at least twenty days after a second notice and blank shall have been mailed them by the commissioner.

Penalty.

Obstructi ng SEC. 129. Any person who willfully impedes or obstructs the commissioner. commissioner in the full and free performance of his duties shall

be guilty of a misdemeanor and upon conviction shall be punishable by a fine of not less than ten nor more than fifty dollars, or by imprisonment of not less than seven nor more than thirty days in the county jail, or by both. The refusal or neglect of any person for himself or for any person, firm, company or corporation of which he may be a member, or agent, to furnish the information or statistical statement required to be furnished to assessors, shall be construed to be a violation of the provisions of this section, and it is hereby made the duty of the county auditor to report such violation with the names and post-office address and place of residence of the violator as furnished him by the assessor to the State's attorney for the county in which such violation occurred, and the State's attorney shall forthwith proceed to enforce the penalty provided in this section against such persons; and he is hereby authorized to subpoena the assessor and such other wit