7835 IN7N6 I9ZO ALBERT R. MANN LIBRARY New York State Colleges OF Agriculture and Home Economics Cornell University Cornell University Library HD 7835.N7N5 1920 New York labor laws enacted In 1920. 3 1924 014 548 329 STATE or NEW YORK DEPARTMENT OF LABOR SPECIAL BULLETIN Issued Under tlie Olrectton of THE . INDUSTRUL^OMBI^^ EDWARD F. BOYLE, Chairman JAMGSH. LYNCH FRANCES PERKINS HENftY D. iSAYER , CYRUS W. PHILLIPS EDWARD W. BUCKLEY, Secretary BERNARD L. SBIENTAG, Counsel No. 99 JUNE, 1920 NEW YORHl labor LAWS ENACTED IN 1920 Prepared l)y. THE BUREAU OF STATISTICS AND INFORMATION • Previous Publications Coiiceriiini: New York Labor Laws Goinpilatioiis and r^viewB of the lq.ws enacted in individual years giinjlli?' to tiiosd in this Bulletin have been' publi^ed as follows: -> 1886 fuid ISST'-^In annilal report of Bureau of - Labor Statistics for IfST.-i 1888, 1889, 1890 — In annilal report of bureau of Labor Statistics for 188©. 1898, 1899^1900— -In annual reports^^f Bureau of Iwabor Statistics for each of jthpie ''years./' ' _ -' ' '■ ^ 1899 to 1913 ^- In jtine Bulletins cif eaofi year except 191! whai they appear^ in the September Bulletin. Similar compilations and; reyiews W^e published also in the repott of the Commissioner of Labor for 1903 and 190^: ,1914-^ In Bulletin No. 62, 1915 — In Bulletin No. 72., ., 1916 — In Bulletin No. 78. 1917 -rjtt Bulletin: No. 84. 1918— In Bulletin No. 88. ^ 1919-^ni BuUetiu No. 94. , Bills renting .to' labor introduced in. th? Legislature ■jvere reprintei^> for J903 bM 1904, and indexed for 1905 to 1913, in'tie reports of .the Coaimisi' eioner of Labor for those years except 1913 when th6 index was published, in the June Bulletin.. The index for 1914 was published in BullfetiSi No, 62; lor l»15,in Bulletin No. 72; for 1&I6 in Bulletin No. 78; for 19]t7 in; Bulletin No. 84, a;nd f or 1918 in Bulletin No. 88, ihel indexes for 1919 and IQ^'^ axe not printed. ^ ■ ' ' Compilations pf.all JTewYprk labor laws in force have been published as follows: ' ' ' . ljB84, 1895, 1897 — In ^ annual repbrts of Bureau, of ' Labor" Btatistjcis. for those yearn. ■ ' ^' ^ '"""'';,-' ' -" ' . ■ " -, ^". '' , -'"' 1902— ^ In annual report of th6 Bureau of Labor Statistics for 1901. 1905 to 1914 — In annual reports Of the Commissioner of Labor. These comp^ations were partly ;annotated. „ . 1915-1919 — In' separate pamphlets, ' : A historical review' of Labor Legislation in New York, by A. E. Weber, was pnbUshed as a'ttepajrate mpriogHplt (30 pp.) in- 1904. . , f ^'. Of the above publications, flies of whioli tiiay be found in many public libraries,, the Department can now supply onlv the following: ■ ' A-tmual reports of Commissioner of Labor: 1904, 1905, 1907,^1910 an'd 1913. Bepwrate pamphlets: Only the latest edition(for 1919) is now available.' BitZfefMis; June, 1908; Sept^Uiber, 191I; June, 1912. *• ' ALBANY J. B. LYON, COMPANY, PRINTERS , 19 2Ja~ STATE or NEW YORK DEPARTMENT OF LABOR SPECIAL BULLETIN Issued Under the Direction of THE INDUSTRIAL COMMISSION EDWARD F. BOTLE, dulrman JAMES M. LYNCH FRANCES PERKINS HENRY D. SAYER CYRUS W. PHILLIPS EDWARD W. BUCKLEY, Secretary BERNARD L. SHIENTAG, Counsel No. 99 JUNE, 1920 NE\Sr YORK LABOR LAWS ENACTED IN 1920 Prepared by THE BUREAU OF STATISTICS AND INFORMATION Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924014548329 LABOR LAWS OFii92o Chapter Subject Page Introductory sketch 5 Governor's messages — labor topics 18 Concurrent resolution for re-codification of the labor laws 32 4 Pensions and annuities for public employees — report of commission 33 9 Building for state industrial commission — purchase 33 242 Industrial codes bureau — created 34 266 War veterans in public employ — continuity of service 34 281 Workmen's compensation -^ interest on awards 35 284 Women upon subway, siu^ace or elevated railroads — employment 36 315 State hospital employees — salaries prior to July 1, 1920 37 348 Board of standards and appeals — powers 37 425 State prison and reformatory employees — pensions 37 435 State charitable and reformatory institution employees — salaries 39 513 State prison and reformatory employees — salaries 39 527 Workmen's compensation — lien upon carriers' assets 41 529 Workmen's compensation — fees, gratuities, solicitation of business 41 530 Workmen's compensation — state fund expenses 42 532 Workmen's compensation — minimums and maximums of award and per- centages of vision . . ; 43 533 Workmen's compensation — partial loss of digit or phalange 45 534 Workmen's compensation — awards vested interests 47 536 Workmen's compensation — village policemen 47 538 Workmen's compensation — occupational diseases 48 539 Workmen's compensation — deputy for death cases 53 590 Mattress law — administration of 53 592 Masonry construction — public inspectors' qualifications 56 597 Comptroller's budget and salary classification board — abolishment 57 601 Child employees in mercantile establishments — physical examination 57 602 Variations from labor law and industrial code — publication 58 603 Female employees — physical examination 59 604 Inspectors of department of labor — salaries 60 624 National guard or naval militia — pay of public employees absent as mem- bers of 62 697 State hospital employees — salaries subsequent to July 1, 1920 63 699 Child welfare investigating commission — created 68 741 Pensions and annuities for state employees — system established 69 750 Veterans in public employ — physical examination 82 760 Workmen's compensation — rehabilitation of cripples 82 794 State charitable institution employees — pensions 86 797 State hospital employees — approval of salaries 88 805 Public employees — appeal for redress of grievances 88 836 Public employees — status when positions abolished 88 851 Educational extension courses in places of employment, etc. — training of teachers 89 852 Educational extension courses in places of employment, etc. — regulations . . 90 853 Industrial teachers' scholarships — created 91 862 Accidents upon railroads — inspectors , 92 867 Locomotive boilers and appurtenances — inspectors 92 894 Governor's board for prevention of strikes — appropriation 93 LABOR LEGISLATION IN 1920 GENERAL STATEMENT This Bulletin presents the Governor's recommendations foi labor legislation and the texts of labor chapters of the Laws of 1920, of which seven amend the Labor Law and ten the Work- men's Compensation Law. It presents also the text of a resolu- tion appointing a joint legislative committee to recodify an.d revise the labor statutes and it notices certain chapters, mainly relating to public employees, without giving their texts. Changes in existing statutes are indicated by putting new words into italic type and by enclosing omitted words in brack- ets. Chapters consisting entirely of new matter are printed in Roman type throughout. ADMINISTRATION OF LABOR LAW Chapter 9 appropriates $545,000 for the purchase of a building on East Twenty-eighth street as New York City headquarters for the State Industrial Commission. Four chapters modify the administration of the Labor Law, as follows: Creation of Industrial Codes Bureau. Chapter 242 amends § 42 by adding an industrial codes bureau to the seven older bureaus of the department of labor. Regulation of Inspectors' Salaries. Chapter 604, amending § 54, increases the salaries of factory and mercantile inspectors in the first three grades three hundred dollars, in the fourth grade four hundred dollars, and in the sixth grade five hundred dollars; adds a fourth grade of mercantile inspectors at twenty- four hundred dollars; regulates the times of advancement from grade to grade ; and extends the provisions governing grades and salaries of factory inspectors in the first four grades to safety inspectors of the state insurance fund. The chapter is effective from July 1, 1920. Pvhlication of Variations. Chapter 602, amending § 52-d, provides that resolutions of the State Industrial Commission per- mitting variations from provisions of the Labor Law shall be [S] 6 New Yoeic State Iwditsteial Commission published in the Bulletin of the Department; also in the City Eecord, if they pertain to Ifew York City premises and condi- tions. Hitherto the law has required that they shall be pub- lished in the same manner as the Commission's rules and regulations. Powers of Board of Standards and Appeals. Chapter 348 empowers the chairman of the Board of Standards and Appeals of New York City to administer oaths and compel the attendance of witnesses. This board exercises certain functions of the State Industrial Commission relative to buildings and fire dangers within the city. WORKMEN'S COMPENSATION Eleven chapters affect workmen's competasation, ten of which amend the Workmen's Compensation Law and one the Labor Law. Their provisions are as follows: Deputy Commissioner for Death Gases. Under chapter 539, the Commission may appoint a deputy commissioner to hear compensation claims in death cases. The salary is five thousand dollars. The chapter amends Labor Law, i§ 41. Expenses of State Fund. Chapter 530, amending § 94, per- mits the State Industrial Commission to expend in excess of the Legislature's annual appropriation not to exceed twenty-five thousand dollars of state fund premiums a year for state fund expenses. Such additional expenditure is subject to the Gov- ernor's approval and to civil service requirements. The Com- mission must report state fund expenses annually to the Legislature. The chapter is effective from July 1, 1920. Compensation for Occupational Diseases. Chapter 538, effective May 5, 1920, adds to the Workmen's Compensation Law a new article making the occupational diseases enumerated by it compensatable. They are : lead, mercury, phosphorus, arsenic, wood alcohol and certain other poisonings ; chromic acid, tar and certain other ulcerations; anthrax; glanders; compressed air illness ; anemia, nystagmus and synovial inflammations of miners ; and cataract of glassworkers. To be compensatable, such diseases must have been contracted within a year prior to the employee's disablement. A certain described operation in which the The Labor Laws of 1920 7 employee was engaged at or immediately before disablement, as for example the handling of hides in an anthrax case, is pre- sumptive evidence that the disease is occupational. For examina- tion of claimants, the Commission may divide the State into dis- tricts and appoint one or more certifying physicians in each district. Employers and employees may appeal to the Commis- sion from the determinations of these physicians. The Com- mission may apportion the payment of compensation among successive employers. Coverage of Village Policemen. Chapter 536, effective May 5, 1920, adds to § 2 a new coverage group which reads : " 'Group 4Y, all policemen of villages." The courts will probably hold this provision ineffective because it does not make exception relative to the pecuniary gain provision of § 3, subd. 5, as do the three public employee groups immediately preceding. Partial loss of Vision. Chapter 532, amending § 15, subd. 3, njakes loss of eighty per cent of the vision of an eye or loss of binocular vision equivalent to entire loss of an eye. Chapters 532 and 583 were signed by the Governor upon the same day. Both amend § 15, subd. 3. Since the amendmenta which they affect are not inconsistent or conflicting, the courts may hold that both are valid (Bank of Metropolis v. Saber, 150 IST. Y. 200). The chap- ter is effective from May 5, 1920. Partial loss of Thwmb, Finger, Toe or Phalange. Chapter 533, amending § 15, subd. 3, empowers the Commission to make award for proportionate loss in case of partial loss of a digit or a phalange of a digit. The chapter is effective from May 5, 1920. Rehabilitation of Industrial Cripples. A person physically handicapped by a defect or infirmity due to an industrial acci- dent may have treatment and training to fit himself anew for remunerative occupation, and aid to secure employment, under the " Rehabilitation Law," Article 4Y of the Education Law, added by L. 1920, ch. Y60, if such employee is fourteen years of age or over, has been domiciled within New York a year or more and is a citizen of the United States or has declared inten- tion to become a citizen. The Kehabilitation Law does not apply to inmates of state institutions or to mental defectives. Its administration is intrusted to a commission of three ex-officio 8 !N"ew Yoek State Industrial CoMMissioisr members, the Commissioners of Education and Health and one of the five State Industrial Commissioners to be designated annually by the Governor. It outlines the activities of this Eehabilitation Commission in thorough detail, appropriates seventy-five thousand dollars for initiation of the work and accepts Federal aid. A particular feature of Chapter 760 is its addition of a new subdivision to § 15 of the Workmen's Compensation Law, which provides a special fund for rehabilita- tion of employees subject to the compensation law and crippled by industrial accident. For this fund insurance carriers must pay into the state treasury nine hundred dollars in every case of injury causing death of an employee covered by the Workmen's Compensation Law in which there are no surviving relatives entitled to death benefits. The State Industrial Com- mission is to report to the Rehabilitation Commission the names of such injured employees as need rehabilitation and to co-operate with the Education Department generally in carrying out the article. j Maximum cmd Minimum Limits of Compensation. Chapter 53'2, effective May 5, 1920, amends eubd. 5 of § 15, to provide a uniform maximum weekly compensation payment under the first four subdivisions of § 15, the maximum compensation per week for loss of a hand, arm, foot, leg or eye having been five dollars greater than the maximum compensation for other forms of dis- ability heretofore. The new law raises the maximum compensa- tion per week for such other forms of disability from fifteen to twenty dollars ; raises the minimum compensation per week from five dollars to eight dollars and allows the injured employee his full weekly wages if his wages at the time of his injury were less than eight dollars. The chapter also raises the maximum basis of death benefits from one hundred dollars per month to one hundred and twenty-five dollars per month by amendment of subd. 4 of § 16. An Award is a Vested Interest. The Appellate Division of the Supreme Court in the Third Department held in the case of Wozneak v. Buffalo Gas Co., 175 App. Div. 268, that an award for disability under subd. 3 of § 15 of the "Workmen's Compensa- tion Law does not descend to the injured employee's heirs if and The Labob Laws ob" 1920 9 when the injured employee dies from cause other than the acci- dental injury for which he has received the award. Under this decision, if an employee has been awarded compensation for fifteen weeks for loss of a little finger and a railroad accident has killed him after the insurance carrier has paid him in full to date of death but three weeks compensation upon the periodic payment plan, the insurance carrier has not been obliged to pay the remaining twelve weeks compensation to the employee's heirs. Laws of 1920, Chapter 534, effective May 5, 1920, offsets the Wozneak decision by providing that an award made under subd. 3 shall in such case of death be payable to the injured employee's surviving wife (or dependent husband) and children under eighteen, if there be any such survivors. When both wife (or dependent husband) and child or children survive, the children receive one-half. The chapter makes no provision for cases where no wife (or dependent husband) or children under eighteen survive. Whether ascending or collateral heirs will be entitled in such case under this new legislation is a matter which the courts may be called upon to decide. Compensaiion a Preferred Lien Against Insurance Companies. Chapter 52Y, effective July 1, 1920, gives an injured employee the same preferred lien against the assets of his employer's private insurance carrier that he has had for unpaid wages and unpaid compensation against the assets of his employer heretofore. Fees or Gratuities for Services. Under Chapter 529, amend- ing § 24, any person, firm or corporation, other than an attorney or a counselor-at-law or a claimant for medical services, treatment or supplies, who exacts or receives a fee or a gratuity for services on behalf of a compensation claimant, except in an amount deter- mined by the Commission, is guilty of a misdemeanor. Soliciting Compensation Business. Under Chapter 529, any person, firm or corporation who solicits the business of appearing before the Commission or employment for a lawyer on behalf of a compensation claimant is guilty of a misdemeanor. This penal- izing provision and the like provision under the title preceding may be read in the light of the Governor's message of January 19, 1920, below, page 19. Interest Upon Awards in Cases of Appeal. Chapter 281, changing the date of commencement of the interest paid upon 10 New Yoek State Inbusteiai, Commissioij- awards from which appeal has been taken to the court, effective April 19, 1920, has been superseded by Chapter 529, effective May 5, 1920. Both chapters amend § 24 but in different particu- lars. Chapter 529 being of later date prevails. It makes no change in the interest provision as such provision stood prior to the enactment of Chapter 281. Accordingly, Chapter 281 gov- erns the interest only in cases of appeal taken between April 19 and May 5, 1920. In such cases interest is calculable from the date when notice of the filing of the award was sent to the parties in interest, not from the date when the award was made by the Commission. In cases of appeal upon May 5, 1920, and upon subsequent dates, interest is calculable from the date of the making of the award. ADMINISTRATION OP MATTRESS LAW Article 25-B of the General Business Law, as enacted by Laws of 1918. Chapter 369, charged the State Industrial Commission with the duty of supervising and inspecting the manufacture and sale of new and second-hand bedding materials, the object being to prevent public contagion. Laws of 1920', Chapter 590, revises this so-called mattress law materially. It gives the Commission the additional power of seizing and holding bedding materials for evidence at trials. It eliminates the provision confining pro- ceedings against violators of the law to the county in which violation occurs. The old law permitted the manufacturer to adopt his own process of sterilizing second-hand material, subject to approval by the State Department of Health. The new law prescribes three alternative processes in detail. Changes in defi- nitions insert a definition of shoddy and include it as second- hand material. Other changes regulate tags. WOMAN LABOR Two chapters affect employment of women, as follows: Employment in Transportation. Legislation of 1919 added to the Labor Law a new section, 161-d, regulating the employ- ment of women upon subway, surface or elevated railroads (L. 1919, ch. 583). It forbade employment of females under twenty- one years of age and restricted employment of females over The Labob Laws of 192i0 twenty-one to not to exceed six days ar fifty-four hours in any one week or nine hours in any one day and to the period after six o'clock in the morning and before ten o'clock in the evening. Chapter 284 of the Laws of 1920 has amended the restrictions relative to females over twenty-one so as to make them applic- able only to work as conductors an,d guards and to permit females over twenty-one to work unlimited hours as ticket sellers or col- lectors, eta It is effective April 21, 19 2 Q. Physical Examiirudions. Chapter 603 amends § 23 of the Labor Law by extending its requirements relative to physical examination of female applicants for employment to physical examination of female employees for any cause whatsoever, by providing, as an alternative to examination by a female physician or surgeon, examination by a male physician or surgeon in the presence of a female attendant, and by requiring employers to post notices of the rights of females relative to physical examina- tions. The chapter is effective September 1, 1920. CHILD LABOR Two chapters affect employment of children, as follows: Employment in Mercantile Establishments. Chapter 601 amends § Te-a of the Labor Law by extending its provisions for physical examination of children employed in factories to children employed in mercantile establishments. The chapter is effective July 1, 1920. Investigation of Laws Relating to Children. Chapter 699 creates a mixed commission of sixteen members to study all laws relating to child welfare and to make to the legislature such rec- ommendations of remedial legislation as it may deem proper. The chapter appropriates five thousand dollars for the commis- sion's expenses. SAFETY UPON RAILROADS Three chapters affect the safety of railroad employees as well as of railroad passengers. Inspection of Locomotive Boilers and Equipment. Chapter 86*7, amending § 73 of the Railroad Law, provides for inspection of electric locomotives as well as steam locomotives and for in- spection of locomotive appurtenances as well as locomotive boilers. 12 'Nmw Yoek 'State Inbttsteial Commission Instead of one inspector as hitherto, the public service oommission must appoint six, five of whom must be familiar with steam loco- motives and one with electric locomotives. Accident Inspectors. Chapter 862, amending §, 47 of the Public Service Commissions Law, requires the public service commission of the first district to appoint at least one investi- gator of accidents occurring on railroads or street railroads and the public service commission of the second district to appoint at least two. Caboose Car Requirements. In 1913 the legislature amended § 78 of the Eailroad Law by appending to it detailed require- ments for the construction and equipment of caboose cars with regard to the safety and comfort of the trainmen and gave^the railroads seven years in which to comply (L. 1913, ch. 497). Chapter 430 of the Laws of 1920 extends the time for compliance till July 1, 1921. It is not reproduced in this bulletin. EDUCATION OF EMPLOYEES Three chapters give educational facilities to working people, as follows : Industrial Teachers' Scholarships. To meet the need of teachers in the vocational schools, Chapter 853 creates twenty-five scholarships in the vocational departments of the state normal schools. The scholarships are open to men of satisfactory educa- tional qualifications who have had at least five years of successful experience in trade, industrial or technical occupations. Each scholarship pays two thousand dollars per year. The State Edu- cation Department makes the awards. Extension Gou/rses in Places of Emploi/ment. Chapter 851 authorizes and enables the State Education Department to provide training for teachers of evening, extension, factory, home and community classes, appropriating forty thousand dollars for the purpose. Chapter 852 appropriates one hundred thousand dollars to the Education Department for extension courses in factories and other places of employment, or in such other places as it deems advisable. The courses are intended to promote good citizenship and vocational efficiency. The Laboe Laws ob- 1920 13 STRIKES AND LOCKOUTS As the outcome of a conference held upon call of the Governor in the Executive Chamber at Albany in August, 1919, a Labor Board of nine volunteer members, representative of the public, organized labor and employers, has been operating for prevention of strikes. The membership, objects and accomplishments of the Board have been set forth by the Governor in a special message to the legislature asking for an appropriation of twenty-four thous- and dollars to cover its expenses. The message is reproduced below, page 29. Chapter 894 makes the desired appropriation. PENSIONS AND ANNUITIES FOR PUBLIC EMPLOYEES In 1918 the legislature created a commission to inquire into the subject of retirement pensions, allowances and annuities for state and municipal officers and employees (L. 1918, ch. 414). Various retirement pension acts, local and special, were already upon the statute books at that time; such as pension funds for firemen and policemen in cities, retirement pensions for teachers and for war veterans in public service, retirement pensions for court, state banking department, state hospital and state prison employees. The commission made report March 30, 1920. Its time for further report has been extended by Chapter 4 of 1920 till Feb- ruary 1, 1921. A bill framed by the Commission has become Chapter 741 of the Laws of 1920. It has established a general annuity and pension system covering all persons in the state service who are not covered by the above-noticed or other special acts. The State Comptroller is to administer the law and care for the funds that it creates. Membership in the system is compulsory for persons entering the state service after January 1, 1921, and continuing therein for six months, but voluntary for persons in the state service prior to such date. The annuities are derived from deduc- tions from salaries ; the pensions from legislative appropriations. Persons in the state service may retire at sixty years of age and must retire at seventy after June 30, 1925. Upon retirement an officer or employee will receive annually during life a total an- nuity and pension payment equal to one-seventieth of his or her 14 New Yoek State Industeial Commission- average annual salary during the last five years of service multi- plied by the number of years of service. For illustration, a person who retires at age 65 vyith 25 years of service credit and with an average salary record of $1,500 for the final five years of service will receive $535.71 per year for the remainder of his or her life.* The person retiring may elect to take this payment in full or may elect . to take a reduced annual payment con- ditioned upon benefits to designated persons after his death in accordance with one of several options. The law also provides retirement annuities and pensions for employees who have served fifteen years or more and who are disabled from further service. A person withdrawing from the state's employ for cause other than superannuation or disability will be entitled to his salary deductions with four per cent interest. Employees may piTrchase additional annuity. The Comptroller will group persons in the system according to sex, duties, etc., for actuarial purposes. Chapter 794 of 1920 has added to the State Charities Law a section providing retirement pensions for employees in state char- itable institutions, and Chapter 425 has amended the Prison Law's provisions for retirement pensions to guards and other prison employees. Chapter 427 of 1920 has established a general annuity and pension system for New York city employees along lines similar to the general law for state employees but differing in material respects. It is not reproduced in this bulletin. STATUS OF PUBLIC EMPLOYEjES Numerous chapters of 1920 affect the status of public em- ployees.. They relate to the following subjects : 8uspens-ion and Reinstatement. Chapter 83'6 provides for civil service employees, state and local, whose positions are abolished or made unnecessary. In such cases the employees are to be deemed suspended without pay and are to be reinstated in their positions or in similar positions if there is need for their services within two years. * 25 years of service. „ *, -~„ . ...i- „.or.»* i =-r X $1500, average salary for final 5 years, = $a35.7l, anual pension and innitv navment. annuity payment The Laboe Laws of 1920 15 Redress of Grievances. Chapter 805 assures to civil service employees the right to appeal to the legislature or to public offi- cers, commissions, etc., for redress of civil service grievances. Inspectors of Masonry Construction. Chapter 592 prescribes the qualifications of public inspectors of masonry construction. They must have had three years practical experience but are not ordinarily required to have technical knowledge. Pri/vileges of War Veterans in Public Employ. Fourteen chapters of 1920 relate to the special privil^es of war veterans in civil service. The texts of only three of these, Chapters 266, 624, 750, are presented in this bulletin. Certain chapters extend the privileges of veterans of the Civil War and the Spanish American War to veterans of the World War. Chapters 638 and 843 extend the retirement pension to them; Chapter 883, the immunity against removal; and Chapter 384, the right of absence on Memorial Day. Certain chapters, 248, 329 and 630, grant the difference be- tween military and civil pay to veterans to whom it did not apply under World War legislation and Chapter 624 grants such differ- ence to every state or municipal officer or employee absent as a member of the national guard or naval militia in the future, at the same time repealing World War legislation along the same line. The numbering of sections and subdivisions of the Military Law under these several chapters is somewhat conflicting. Certain chapters add new provisions concerning war veterans in general. Chapter 266 makes periods of absence of public employees upon military or naval service during the World War count as part of civil service terms relative to pensions and privileges; Chapter 282 safeguards the interests of employees passing civil service examinations immediately before or during the Federal military or naval service ; Chapter 746 regulates pay- ment of the retirement allowance to veterans upon merger or abol- ishment of the departments or institutions with which they have served; Chapter 750 exempts crippled or diseased World War veterans from physical examinations under the civil service; Chapter 751 eliminates the one thousand dollar maximum of allowance to retired Civil War veterans; Chapter 839 entitles World War veterans prevented from taking examinations for 16 New York State Industrial Commission license as undertakers by their military or naval service to licenses without examination on or before September 1, 1920. Chapters 746 and 751 amend the same section of the Civil Service Law. They were signed by the Oovernor on the same day. The amend- ments they affect do not conflict. The courts will possibly hold that Chapter 751 does not repeal Chapter 746. (Bank of Metrop- olis V. Saber, 150 N. Y. 200). SALARIES OF STATE EMPLOYEES In addition to Chapter 604, increasing the salaries of inspectors under the Labor Law and the Workmen's Compensation Law and noticed above, page 5, a number of chapters of 1920 relate to the salaries of state employees. Abolishment of Comptroller's Budget. Chapter 597 repeals §!§ 48 and 49 of the State Finance Law under which all state departments and institutions have annually filed statements of desired appropriations for salaries and other purposes with the Comptroller, and the Comptroller has tabulated the statements for the use of the governor and the legislature. Abolishment of the State Classification Bowrd. Chapter 597 also amends § 17 of the State Finance Law by eliminating its provision constituting the Comptroller, the President of the State Board of Charities and the Fiscal Supervisor of State Charities an ex-officio board to classify the salaries of officers and employees in the various state charitable and reformatory institutions. Increase of State Charitable and Reformatory Institution Bates. Chapter 435 appropriates $153,000 to increase the rates of all employees in the state charitable and reformatory institu- tions who have been receiving $1,500 or less per year, exclusive of maintenance. Approval of State Hospital Salaries. Chapter 797 eliminates from the Insanity Law a provision requiring the approval in writing of the Governor, Secxetaiy of State and Comptroller of the annual salary lists for resident state hospital officers. Increase of State Hospital Bates. Chapter 697 makes an upward revision of the entire salary and allowance schedule for state hospital employees and gives equal pay to men and women. Chapter 315 tides over the salary and wage situation at the state The Labok Laws of 1920 17 hospitals by a general increase for the period April 23 to July 1, 1920. Increase of State Prison and BeforTnatory Bates. Chapter 513 gives a uniform $200 increase of the pay to guards in state prisons and uniform increases of $200 and $280 to guards and other em- ployees in the state reformatories at Elmira and Napanoch. Increase of State Police and State Election Department Bates. Chapters 83 and 899 give uniform increases of salary rates, the former to state police department employees and the latter to employees of the state superintendent of elections. The two chapters are not reproduced in this bulletin. MISCELLANEOUS Certain chapters not reproduced in the bulletin relate to the following subjects: Highwaly Labor. Chapter 170 authorizes employment of State reformatory inmates upon public highways. Exemption from Attachment Section 665 of Chapter 925, effective April 15, 1921, raise the value exemption of mechanics' tools from twenty-five dollars to one hundred dollars. Chapter 497, effective May 4, 1920, changes the wording of the law relative to' exemption of a householder's team, but compare Section 665 of Chapter 925. Village Policemen. Chapter 811 regulates the designations and qualifications of policemen in villages of the first class and in Westchester county. Seamen's Friend Society. Chapter 901 returns to the Ameri- can Seamen's Friend Society of the City of IsTew York a gift of ten thousand dollars loaned to it by the State and repaid under old-time laws and former agreement. Death Benefits to Families of New Yorh City Policemen and Firemen. Chapter 800 permits New York city to award and immediately pay a year's salary to the family of a city policeman or fireman killed while in discharge of duty. Vacations of New Yorh City Per Diem Employees. Chapter 349 gives New York city per diem employees a maximum annual vacation of three weeks instead of two weeks as hitherto. LABOR TOPICS IN GOVERNOR'S MESSAGES GOOD FAITH OF LABOR UNIONS* Much of the talk ahout strikes and labor troubles in the State has been exaggerated. In view of all the difficult conditions and circumstances, labor and capital on the whole have been living together in peace and content- ment. The one disquieting sound, made apparent on several occasions, is the tendency of some labor unions to disregard their written agreements with their employers. It has been called to my attention on several occasions that this action has been taken against the advice of their leaders. A determining factor with business men in ascertaining their manufacturing costs is the agree- ment fixing their labor costs. These agreements should be kept. No settled and prosperous condition can exist in any branch of industry where there are such uncertainties. There is no more excuse for a labor union repudiating its written pledge than there is for an employer to go back on his given word in any relationship. MINIMUM WAGE* The benefits that will accrue to a large number of women and children in this State by the removal of the industrial injustice that minimum wage boards seek to remedy must not be permitted to be obscured or clouded by smoke-screens from the reactionary interests of the State, who are pretending that it narrows women's opportunities. I have endeavored, with all the powers at my command, to impress upon your Honorable Bodies that this must not be regarded as legislation in the interest of or against any group, but as legislation in the interest of the public health and the general welfare, not only of the State as it exists to-day, but for the generations to come. If reactionary organizations are unable to see it in this light, it is most unfortunate, because the arguments which they employ against it oould just as reasonably be advanced against every regulatory statute protecting the health of women and minors that has ever been enacted since we have had a State. HOURS OF LABOR.* In recent years experience has taught that excessively long hours do not of themselves insure quantity in production, much less quality. Workers tired and ineffective from fatigue are no good to themselves or the community of which they are a part. It may be old-fashioned to make distinctions in powers of endurance as between the sexes. If so, I plead for place with the most reactionary elements who believe with our noted scientists that women and minors need a health protection in the point of hours of labor that is not necessary to apply to men. I again affirm my belief that the State should move forward and set a new standard of hours of labor for women and minors, based on a maximum eight-hour day, and ask for the enactment of such legislation applied to industrial and mercantile establishments. * Prom Annual Message of January 7, 1920. The Labor Laws of 1920 19 WORKMEN'S COMPENSATION* The provisions of the State Constitution under which the Compensation Law was enacted authorized a statute for the payment of compensation resulting from " injuries." The intent of this constitutional provision has been limited hy defining " injuries " in the Compensation Law as meaning " accidental injuries." This limitation deprives the Commission of juris- diction to award compensation for disability resulting from occupational diseases and occupational injuries. I recommend that the law be amended in keeping with the constitutional provision, to the end that occupational diseases and injuries may be subject to its provisions. This will entail a very small increase in cost in compari- son with the resulting benefit. I recommend the creation of a bureau of after-care for injured men and women. Under our present system, after the State decides the amount of compensation, the individual is thrown upon his own resources. I believe that in such cases the State should keep track of the injured man or woman until such time as the Commission, or the Bureau, in their judgment, believes that his or her interests are fully protected. It is to the interest of the State that injured men and women be returned as speedily as possible to the producing classes, and not be left dependent partly upon the compensation allowed as the result of injury and partly, in all probability, on the charity of some person or persons. It is important that the State prepare to meet Federal legislation on the subject of industrial cripples. There has already passed both Houses of Congress, and is awaiting final amendment, a bill appropriating $1,000,000 for the re-education of cripples. This money will be expended in conjunction with states that make appropriations for the same purpose, and New York State should be prepared to take advantage of this Federal legislation at the earliest moment. We have at our command through the Department of Health, the Department of Education and the Industrial Conunission, all of the needed facilities for the complete care of this group of our population. I would recommend that legislation be enacted which will enable us to take advantage of the Federal appropriation and creating a co-ordinating bureau, on which there shall be representation from the three State Departments named — Health, Education and Labor — which can then adequately super- vise the care and rehabilitation of cripples. Early in my administration I appointed a Special Commissioner, under the so-called Moreland Act, to inquire into the operation and management of the State Industrial Commission. Acting upon his suggestion, during your last session you amended the law so as to guard against the evils of direct settlements between insurance carriers and injured workmen. I will, at a later date, transmit to your Honorable Bodies a full report of the Com- missioner, with his recommendations, together with such comment as I may have to make thereon. WORKMEN'S COMPENSATION! I am transmitting to you herewith a copy of the final report made to me by Jeremiah F. Connor, who was appointed by me February 21, 1919, as a Commissioner under Section 8 of the Executive law to conduct an investigation into the management and affairs of the State Industrial Commission. • Prom Annual Message of January 7, 1920. t Special Message of January 19, 1920. 20 JiTEw YoEK State Industrial Commission' A preliminary report dealing with direct settlements was transmitted to the Legislature March 31, 1919, following which your Honorable Bodies enacted what is now Chapter 629 of the Laws of 1919, modifying the Com- pensation Law as amended by Chapter 157 of the Laws of 1915 so as to require a hearing in every compensation case by the Industrial Commission before the case could be closed. The oompletion of the investigation into direct settlement cases reveals underpayments of over fifty thousand dollars ($50,000) in one himdred and fourteen cases, and fully demonstrates the wis- dom of the legislature in changing the law so that compensation cases can no longer be settled directly between insurance carriers and employees without a hearing before the Industrial Commission. The final report now submitted makes a number of recommendations in relation to procedure and reorganization of departments within the State Industrial Commission, which have been taken up directly with the Commis sion itself. The report also contains a number of recommendations for amendments to the statute. These recommendations have been examined carefully by me, in conference with the State Industrial Commission. I will enumerate the recommendations of the Commissioner, and record my own opinion thereon: " 1. I recommend an amendment to the Compensation Law making it a, misdemeanor for any one to receive a fee in connection with a claim for compensation except in an amount determined by the Commission." This is made necessary by an unfortunate condition now existing in and around the offices of the Commission. It is intended to curb the activities of what are known as " runners," a class of persons not admitted to the Bar who have built up a business of appearing for ignorant claimants before the State Industrial Commission. These " runners " not only impose upon claim- ants who are rightfully entitled to compensation, but also, acting in concert with undeserving claimants, perpetrate frauds upon employers and insurance carriers. I am informed by members of the Industrial Commission that as many as forty of these "runners " have appeared before the Commission in a single day. Their presence has become a public scandal. In additional to the recommendation made to remedy this condition, I further recommend that it be made a misdemeanor for any person to solicit from claimants the business of appearing for such claimants before the Industrial Coromission. These changes in the law, together with administrative changes to be made by the Commission itself, will remedy the abuses. " 2. The creation of a Fourth Deputy Commissioner to be placed at the head of a division for the handling of claims when the injury results in death.'' I concur in this recommendation, except that the duties of the additional deputy commissioner should not be limited by statute to this particular work. At the present time the law provides for a second deputy commissioner, who has charge of the entire compensation bureau. It is impossible for this deputy commissioner to properly supervise the work of the department and in addition to sit as a hearing commissioner upon the disposal of claims. " 3. An amendment of section 28 extending the time for filing claims from one year to two years and providing that the time in disability The Labor Laws of 1920 21 cases shall commence to run from the date of disability instead of from the date of the accident.'' This recommendation is made by reason of the large number of claims disallowed for failure to file tlie claims within one year. " 4. An amendment to section 13 requiring that a panel of physicians be designated by the Commission, utilizing the advice of recognized medical societies, among whom injured workmen may have free choice, with power conferred on the Commission to add to, or to remove from, such panel, at their discretion." This recommendation is designed to provide a panel of physicians desig- nated by the Commission from which injured employees may have free choice. The provision of the statute in regard to medical service has given consider- able trouble and has been a source of much criticism both on the part of medical societies and of employees generally. As the law has worked out, the attending physician in the great majority of cases is selected by the insur- ance companies, so that the medical testimony upon the hearing of a claim is controlled by them to a large extent. On the other hand, it has been found that an absolutely free choice of physicians on the part of the injured work- men has not resulted in the best treatment. I believe that the Commission might well be given discretionary power to appoint panels of physicians, and I concur in this recommendation. As far as it can reasonably be done, free- dom of choice should be left with the injured workman as to the physicians by whom he is to be treated. " 5. An amendment of section 34, making claims for compensation and death benefits and awards made thereupon preferred over all other claims against, and debts of, insurance companies as well as employers." I concur in this recommendation because I believe that this preference should' be extended as against insurance companies. " 6. Definite provision should be made permitting the Commission to call and require to be paid into a trust fund the present value of awards against all insurance companies." I concur in this recommendation, and my concurrence is prompted by the failure of one insurance company since the law became eflFective, resulting in much delay in the payment of claims, and in many cases, where the employer was irresponsible, in the failure to pay compensation entirely. " 7. A new section should be added to the law requiring stock com- panies to set up and maintain reserves to meet the actual liability upon each claim instead of setting up as reserves a percentage of its premiums." At the present time mutual insurance companies and the State Insurance Fund are required by the Superintendent of Insurance to set up and main- tain reserves to meet the actual liability on each individual claim, whereas the reserve required from stock companies is based upon an arbitrary per- centage of their premiums. The method permitted for the stock companies 22 New Toek State Industrial Commission is open to the eiticism that the liability may he higher than the arbitrary percentage named by the Superintendent of Insurance, or, where the losses are low, large profits may be concealed. I concur in this recommendation. " 8. Self insurers should be required to set up and deposit reserves in the same manner and in the same amount as other insurance carriers." I understand that self insurers are now required by the Industrial Com- mission to deposit securities sufBcient to meet all claims for compensation. I believe that specific authority should be conferred for the practice now employed by the Commission in this respect, and this I believe would make unnecessary the recommendation made by the Commissioner. " 9. An amendment making all employers failing to give security for compensation automatically insured in the State fund, and establishing a summary method for the collection of premiums and penalties for the period during which the insurance attaches." After long conference with the members of the State Industrial Commis- sion, I feel compelled to disagree with Recommendation No. 9. While it is strongly urged by Miles M. pawson, who served as actuary and counsel during the investigation, the Industrial Commission is of the opinion that it would be impossible to collect premiums and penalties from such employers and that a provision of this character might cause serious embarrassment to the State fund. " 10. The benefits of compensation law have now been so thoroughly demonstrated that the law should be extended to cover all employees without regard to the character of the employment." I agree that the Compensation Law should be extended to cover additional classes of employees, but I am not convinced that the law should be extended to cover all employees without regard to the nature of their employment. This matter has been taken up with the State Industrial Commmission, and they will suggest changes in the statute in this respect. "11. The amount of compensation and death benefits' should be gen- erally increased, particularly as regards limits." I concur in this recommendation. There has been no change in the sched- ule of benefits since the law was enacted in 1913, although the cost of living has steadily increased. Wages have increased at least 60 per cent., resulting in large additional premiums to the insurance companies, without any corresponding increase in compensation benefits. The limit of compen- sation in disability cases is $19 per week, except for loss of limb, where the limit is $20 per week. In case of death from an industrial accident the highest award payable to a widow at the present time is $6.92 per week. I believe these limits should be raised, and I submit the matter for your careful consideration. '■' 12. The State Fund should be authorized by law to pay expenses directly out of its premium income under such restrictions as may be laid down by the Legislature." The Labob Laws of 1920 23 The Slate Treasury is now being reimbursed for the entire expense of the administration of the State Insurance Fund. It is obvious that the State Fund cannot successfully compete with other insurance carriers unless it has more leeway in the employment of help. As the State Fund is engaged in a business enterprise, I see no reason why the money should be first appro- priated by the Legislature and then returned to the State Treasury. I concur in this recommendation. " 13. Provision should be made for appointment by the Governor of an advisory board selected from employers insured in the State Fund to take part in its management and to confer upon them extensive powers of review and regulations." The need of such a board, in my opinion, was thoroughly demonstrated by the investigation, and I therefore concur in this recommendation. " 14. The provision for pro rata dividends in the State Fund should be amended to give the Commission power to declare and pay dividends according to the individual experience of each employer." While I concur in this recommendation, I believe it should be made dis- cretionary with the Commission. The remaining recommendations concern procedure and reorganization and have been taken up at great length with the Commission. I would, how- ever, call your attention to Recommendation No. 19, which will require action by the Legislature. It provides for the employment of medical advisers in the offices maintained by the Commission in Albany, Syracuse, Rochester and Buffalo. At present the appropriation is insufficient for this purpose, and, as a result, in a great many cases the physician employed by the Commission to assist in determining the claim is paid a fee directly by the insurance company in each individual case. I recommend, after a reading of the report, that the Industrial Council created under Section 40-a of the Labor Law be extended in accordance with the Commissioner's recommendation, in order to give to the Industrial Council broader powers, so that they may initiate proceedings and not be limited as at present to the power of passing upon matters submitted to the Council by the Industrial Commission. I urge upon your Honorable Bodies that the entire report of the More- land Commissioner appointed to inquire into the workings and operation of the Industrial lOommission be read with great care. No department of the State government deals more intimately with questions affecting the lives, health and comfort of our people than does the Industrial Commission. The State of New York has pointed with pride to her Workmen's Compensation Act as being the most progressive statute of its kind in the country. The weaknesses of the law herein pointed out are the result of six years of experience. The recommendations herein made, if enacted, will greatly strengthen the law and increase the benefits to the unfortunate victims of industrial accidents. 24 New Yoek State Iitdusteial Commissiow workmen's compensation* I submit to you herewith for yoiir consideration a communication received by me from the Industrial Commission with respect to the need for an Emergency Deficiency Appropriation to carry out the provisions of Chapter 629 of the Laws of 1919, relative to settlements under Workmen's Compen- sation Law. The communication of the Commission is as follows: 230 Fifth Avenue, New Yoek City, Febrawry 2, 1920. Hon. Alpeed E. Smith, Govm-nor, Exeaubtwe Ghamher, Albany, N. Y.: My Deab Govebnoe: The Commission desires to call to your attention a critical condition of affairs with respect to its appropriation for administering the work of the Bureau of Workmen's Compensation. The situation is one of extreme emer- gency and is one that the Commission believes warrants your certifying to the Legislature that the emergency exists that calls for a speedy enactment of an Emergency Deficiency Appropriation bill. Chapter 629, Laws of 1919, was an act to amend the Workmen's Compen- sation Law in regard to direct settlements. It was passed, as you will recall, upon the preliminary report of Hon. Jeremiah F. Connor, the Moreland Act Commissioner appointed by you to investigate the administration of the Workmen's Compensation Law. The law, as amended, practically abolished the direct settlement, and required the Industrial Commission to hold a hear- ing in every claim filed under the Compensation Law whether settled by direct agreement or not within sixty days from the filing of a claim, or joint report of a direct agreement. Chapter 629 carried an appropriation of $72,000 to carry out the purposes of the Act, $12,000 of which, by its terme, was limited to statistical work, and $60,000 of which was for the organization of the administrative work neces- sary to carry out the amended law. At the time the bill was passed and the appropriation made the amount of the appropriation was, as I am informed, merely an estimate of the amount that would be necessary to organize the work, and owing to the haste with which the bill was drafted and enacted in the closing days of tlie session, no detailed plan of organization was submitted nor could the exact extent of new organization necessary even be accurately estimated. Very early after the passage of that Aot tlie Commission fotmd that the amended law imposed a tremendous amount of additional work upon the Commission and, as I am informed, the matter was one of consideration between members of the Com- mission, the Governor and the leaders of the financial committees in the Legislature. In view of the provision requiring the Commission to hear every compen- sation case it was manifestly impossible to require claimants in up-state towns and villages to appear in the cities in which the principal oflBces of the Commission were maintained. An arrangement, therefore, had to be made for the appointment of deputy commissioners to travel a circuit going into the smaller towns and cities in which no ofBoe is maintained, for the purpose of hearing cases at least once in every sixty days in order that the terms of the law might be complied with. The Commission, therefore, was obliged to appoint four (4), additional deputy commissioners in the up-state districts and two (2) additional in Greater New York. In New York City * Special message of February 10, 1920. Thjb Laboe Laws of IQ^O 25 the number of hearings was tremendously increased, necessitating three trial parts to be kept continuously going every day in the week. Experience had demonstrated that many of the cases, formerly settled by direct agreement, when made the matter of adjudication by the Commission became complicated cases requiring the taking of a great deal of testimony. The nature of the injury often is such as to require careful examination of our medical examiners in order that the Commission may be sure that the injured worltman receives the full benefits to which he is entitled under the law. In addition, therefoi'e, to the additional deputy commissioners it became necessary to appoint two (2) other medical examiners. The Commission also appointed five assistant examiners of claims, ten (10) hearing stenographers, as it was necessary for each of the new deputies to have a hearing stenographer to accompany him on his circuit and additional ones in the New York office; 19 additional stenograjphers, 4 clerks, 6 clerk-stenographers, 2 interpreters and an investigator, 2 typewriter copyists and a multigraph operator. Anything less than this organization would have produced a condition where the Industrial Commission would have been unable to cope with the volume of work thrown upon it. Claims would have been long delayed, and by the present time such an accumulation of undetermined claims would have been created as to cause not only a scandal but inconceivable distress as to the needy and worthy beneficiaries of the law. I enclose herewith a statement of the account of the appropriation with expenditures to December 31st. From this you will see that of the $60,000 appropriated $49,457.01 had been expended leaving a net available balance of $10,542.99. At the present rate of expenditure this balance will be absorbed before February 15, 1920. Our present situation, therefore, is such that unless an immediate appro- priation can be made the Commission will be obliged to discontinue the serv- ices of all of the employees taken on to execute the provisions of chapter 629, Laws of 1919, until such time as the Legislature makes available the neces- sary funds. It is inconceivable that this situation could be permitted to develop. Not only would it be disastrous to employees who have been employed and are working for the Commission and would render it exceed- ingly diflScult for the Commission to organize the work when appropriations might later become available, but you will readily appreciate the disastrous condition that would be created with respect to the Commission's work in adjudicating Workmen's compensation claims. The second deputy commis- sioner, who is in charge of the administration of the Workmen's Ocxmpen- sation Bureau, assures us that two weeks delay in disposing of the current cases would create such a condition of congestion that it would require a long time to straighten the work out and bring it up to date. In order to carry the present pay rolls to June 30, 1920, would require the sum of $34,060.50. This does not take into account any other items of expense, such as traveling, supplies and rents. The account for rent has been greatly increased on account of the necessity of additional space for the examination of claims and for hearing rooms. In the New York office this necessitated moving the entire division of the State Insurance Fund out of the main office into new space procured at 411 Fifth Avenue at a rate of $10,000 per annum. Additional space was also required in Syracuse, 26 IN'ew York State Industrial Commission Rochester and Buffalo. Amounts expended, for rent to December 31st aggre- gated $6,875, for traveling $3714.64, and supplies $267.80. An examination of the accounts of this appropriation for the month of December reveal expendi- tures at the rate of $7,600 per month. Assuming it be necessary to continue expenditures at this rate it will require an immediate appropriation of at least $35,000 to take care of immediate needs and carry this work of the Bureau until June 30th. The Commission is mindful, however, of the fact that between now and the end of this fiscal year there will be certain other expenses necessary to be incurred. New forms had to be printed entailing additional charges for printing, and at certain points the present organiza- tion needs strengthening, so that the Commission would not 'regard it safe to proceed on an appropriation less than $40,000. The Commission, therefore, recommends that an Emergency Deficiency Bill be passed at the earliest possible day, appropriating $40,000 for the use of the Industrial Oommission in carrying out the purpose of chapter 629 of the Laws of 1919. In this connection I feel it proper to call to your attention that out of the $12,000 appropriated in chapter 629 of the Laws of 1919 for the use of the Bureau of Statistics there is an unexpended balance of $5,000 that might safely be made available to the use of the Bureau of Compensation. Under the wording of the present appropriation, however, this $5,000 is not avail- able for any charge except for statistical work. The Commission suggests that any bill making an emergency appropriation it would be proper to make the unexpended balance of the appropriation for the statistical work available to meet the deficiency in the appropriation for the Compensation Bureau. The Commission recommends, therefore, that you submit the matter to the Legislatvire for its immediate consideration and certify to the emergency that exists requiring an immediate appropriation. Very truly yours, EDWARD F. BOYLE, Chairman. ♦»**»»«»»*» » • I trust that your Honorable Bodies will give immediate attention to this important matter. HEALTH AND MATERNITY INSURANCE FOR INDUSTRIAL WORKERS.* Investigations have shown that tworthirds of the cases of poverty depend directly or indirectly on sickness. It is thus a fact that illness falls with crushing weight on those least able to bear the burden. Health insurance assures some measure of that peace of mind which comes from the certainty of proper medical care, the absence of which in cases of illness is always the dread of the worker. It is clearly indicated by recent experience that health protection is essential if we are to have sound, able citizens. There cannot be adequate industrial production, nor can the arts of peace be pursued effectively when people are suffering from the thousand minor and major ills, many of which could be prevented if adequate provision was made for the proper medical care of workers. • Prom annual message of January 7, 1920, Tub Labor Laws of 1920 27 If the individual is to have adequate pratection, he must be prepared at all times to defray the expenses of a maximum period of illness. This maxi- mum provision by each individual is financially impossible. Insurance as applied to sickness has thus far developed along three lines; either through the voluntary efforts of the workers, or through their efforts stimulated by government subsidy, or through legislation making insurance obligatory. I reiterate my belief in the principle that health insurance for industrial workers should be compulsory. Expenditure for voluntary health protection is apt to be considered a non-essential and often would prove too heavy a burden on the budgets of workers. It does not mean that a worker will not be free under health insurance to select a physician of his own choice. It does mean that the worker is assured of the means to provide for proper medical care. The legislation carrying this principle into execution can be so drawn as to safeguard the interests of the medical profession. Of the benefits of maternity insurance there can be no doubt. Under cur present industrial organization, we must assure to workers the certainty that at this most critical period in the lives of mother and child, there will be proper medical care for the mother and the new life which has such potential value to the State. Linked up with the whole policy of a broad extension of the health activities of the State, there should necessarily be interwoven a compulsory health and maternity insurance, and I once again urge upon you to consider fairly the proposals laid before you and not to be blinded by a specious propaganda directed to appease selfish interests. Health insurance will not in any way endajiger the liberties of any individual, pro- fessional or lay. It will insure to the State a body of industrial workers fully equipped at all times to meet the drain upon their physical powers. STATE HOSPITALS.* The hospitals of this State are well and ably managed. With a total census on December 1st of 38,111 patients, the State hospitals for the insane have had a very trying year, principally because of the shortage of physicians and the extreme shortage of ward employees. These conditions have been aggravated by the serious influenza epidemic and the problems resulting from overcrowding. The ward service in the State hospitals calls for a total of 4,382 positions, and on December 1st, 1,020 of these were vacant. This condition is due in part to the actual labor shortage in this country and in part to the low wages paid. If the State is to give the service it should to its unfortunate wards, the salaries of nurses and attendants must be made adequate. The work of caring for the insane requires so much tact, patience and skill that it should be well paid. An increase in wages was granted last year, but a still further and more extensive increase will be necessary this year if the State is to carry on this great humanitarian project in a creditable and praiseworthy manner. The State must meet pri- vate competition, and, if we are to continue to secure the services of com- petent people and to hold those we already have, we must meet the salaries that are offered to them in fields outside of the State employ. A short time ago I requested Dr. Pearce Bailey and Dr. Hermann M. Biggs to make a survey cf several of the State hospitals and to report to me. Their report I have on file in this oflice, where it is available for reference. * From annual message of January 7, 1920. 28 New York State Indttsteial Commissioit I, therefore, recommend that the Finance Committees of both Houses give serious consideration to the question of making the salaries adequate, In order to command the neceaary help. MERIT AND FITNESS IN THE CIVIL SERVICE* During the past year I reappointed that one of the Civil Service Commis- sioners whose term expired. An additional vacancy subsequently occurring I filled it by the selection of Mrs. Charles Bennett Smith of Buffalo, thus giving women for the first time direct representation in the State Civil Service Commission. I am in hearty sympathy with the intelligent endeavors of the Commis- sion generally to advance the efficiency of our State service. Jmproved methods of examination have been put in operation. These more surely than ever before afford all citizens an equal opportunity to establish their qualifi- cations for public employment. An amendment to the rules signed by me December 31st places men and women upon an equal footing in examination ■ and certification and thus extends to women still further the political rights already accorded to them. Progress has been made in carrying out the plan which requires all State agencies to record! and rate the capacity and service of employees. Under the system now in force it is believed demonstrated faithfulness and capacity will hereafter more surely have definite weight in promotions and that thus not only will justice be done to employees but that in addition there will be built up for the benefit of the taxpayers of the State a body of employees who will transact that part of the business of the State entrusted to them with constantly increasing interest, accuracy and skill. We can fix the standards of service rendered to the State by giving to the Civil Service Commission opportunity to develop their work to the point we have a right to expect, by giving the Commission sufficient funds to enable it to do con- structive work. I suggest, also, to your Finance Committees that where you find it abso- lutely necessary to create new positions to take charge of new activities, that you refrain from fancy titles giving rise, after the creajtion of the place, to contention that seeks to have the place exempted from competitive service. HOUSING OF STATE INDUSTRIAL COMMISSION.f An emergency has arisen in reference to the housing of the State Indus- trial Commission in the City of New York. At the present time the Indus- trial Commission occupies quarters at number 230 Fifth Avenue, and number 411 Fifth Avenue. The rental of these quarters is $60,700 per year. The present leases expire May 1, 1921, and the landlords have refused to renew the leases. The State Industrial Commission is not a desirable tenant. The Compen- sation Bureau is especially undesirable, for the reason that the chief business of this bureau is the consideration at claims for workmen's compensation, and the offices and the corridors leading to the offices and the elevators are * From annual message of January 7, 1920. t Special message of February 16, 1920. The Labor Laws of 1920 29 crowded daily with claimants, much to the annoyance and discomfort of the other tenants. The Trustees of Public Buildings requested the State Architect and Mr. Wendell M. Bender, Supervising Auditor, to make inquiry as to what arrange- ments could be made for the housing of the State Industrial Commission. The Commission requires about 45,000 square feet of space, and it is very desirable to have all bureaus of the Department housed in the same building. After quite an extensive survey, these gentlemen reported that the most available place was a seven story and basement building situate at 120 East 28th Street, owned by the International Committee of the Y. M. C. A., and found that the owner was desirous of selling this property. There was some doubt as to the owners being able to lease this building for other than Y. M. C. A. purposes, by reason of a stipulation contained in the deed. The rental asked, provided it could be rented at all, was $110,000 per year. This building has a frontage of 40 feet on 28th Street and 41 feet and one inch on 27th Street and is seven stories and basement in height. There is also a small lot twenty feet wide on 28th Street that goes with the property, which was purchased to protect the light of the building. The landlords from whom the State is now renting quarters for the Com- mission have offered the State $10,000 if it will surrender its leases in April, 1920, instead of in April, 1921. After some negotiation the property on 28th Street has been offered to the State for $545,000, that being the cost price of this property to the Interna- tional Committee of the Y. M. C. A., the present owner. The building will require comparatively little alteration to make it available for the purpose of housing the Commission, and the maintenance charge will be around $40,000 per year. The Trustees of Public Buildings deem it not only eco- nomical and advisable, but to the best interests of the State, to purchase this building, for the reason that the housing of the Industrial Commission will always be a problem and, even if the State should subsequently determine to construct an office building in the City of New York, it would probably not be advisable to put the offices of the Industrial Commission in such a build- ing along with the other State Departments. The Trustees of Public Build- ings had the building appraised by a disinterested real estate firm in New York City, which reported that in its judgment the property was worth at least $500,000 as a commercial proposition, but that, needing it as badly as the State does, and which can use it in its present condition it is worth $545,000 to the State. The Trustees of Public Buildings have passed a resolution authorizing the purchase of said building, and a bill appropriating the necessary moneys, therefor, accompanied by an emergency message, is transmitted with this message. BOARD FOR PREVENTION OP STRIKES.* To discuss constructively the unusual condition of industrial unrest preva- lent this last year throughout the State, I called a conference in the Execu- tive Chamber at Albany on August 20, 1919. This conference was attended by a large and representative group of employ- ers, employees and public spirited citizens. The industrial problems confront- ing the State were thoroughly discussed. It was especially emphasized that • Special message of March 2, 1920. 30 Nmw Yoek State Iitdusteial Commissiom" it is essential to maintain production and to see that the wheels of industry are kept turning. It was agreed that the period after the war with the high cost of living and the business uncertainties prevailing calls for the assistance of specially qualified public spirited citizens willing to give time and thought to the solution of the State's problems of industrial readjustment. Such a group flexible as to personnel, when special difficulties might arise, would be of the greatest assistance to the Industrial Commission in developing standards and methods later applicable to the Department when the situation returns to normal. The discussion resolved itself into a consensus of opinion resulting in the passage of a resolution that the Governor appoint a, special board represent- ing the three elements of employers, employees and the public, whose function would be the promotion at better relations between workers and their employ- ers, by means of mediation, constructive suggestion and such other methods as they could devise. Their chief function was to be the prevention so far as possible, of strikes or lookouts. Added to the value of such action is the prestige of the voluntary service of citizens familiar with the problems at issue and able to deal with them at first hand in a way that is not possible by any other method. It supple- ments and broadens the work of a State agency to have at hand such a mediatory group and both workers and employers have confidence in a Board composed of the elements suggested in the provisions of the resolutions of the conference requesting its appointment. I appointed such a Board with the following initial personnel: Representing Labor James P. Holland, President State Federation of Labor ; T. M. Guerin, Vice- President State Federation of Labor; Hugh Frayne, National Organizer American Federation of Labor. Representing Employers W. D. Baldwin, Chairman Board of Directors, Otis Elevator Co., Yonkers, N. Y. ; Saul Singer, Representing needle industries of the State, 136 Madison Ave., New York; Edward J. Barealo, President Barcalo Mfg. Co., Buffalo, N. Y. Representing the Publio at Large Lieutenant Governor Harry C. Walker of Binghamton; Adjutant General Charles White Berry of Brooklyn; Edward S. Walsh, Superintendent of Pub- lic Works, Brooklyn. The experience of the Board has demonstrated the value of dealing with industrial unrest before it ripens into a strike. In this way, loss of pro- duction and wages and a general demoralization of the community through a strike or lockout are avoided. The Board has functioned in a number of industrial crises. Its most recent activity has been in connection with the threatened strike in the cloak and suit industry in New York City, which had it not been averted by the activity of this Board, would have resulted in the idleness of fifty thousand employees and their dependents, making a total of nearly one-quarter of a million people The Laboe Laws of 1920 31 The Board as constituted has also been of great service in preventing or mediating strikes in various industrial fields, including railway express work- ers, picture frame workers, certain of the needle trades, and has just success- fully arbitrated differences which arose in the shirt making industry in New York. They have prevented a strike aflfecting five thousand workers in that industry. The Board has co-operated closely with the Industrial Commission, utilizing some of the facilities existing there, such as the Bureau of Statistics and some of the special investigators. In fact, in several instances, members of the Industrial Commission have been designated as members of the Board. During the present disturbed condition, and until our people find them- selves, I consider it essential to be able to continue the work of this Board and to utilize for adding to its personnel, as special members, from time to time, local representatives of the industries involved. For this, I have asked the mayors of cities to supply me with the names of citizens willing to act in such capacity. This Board is in no sense a permanent institution. It has been called into being to meet an emergency and will be discontinued when that emergency has passed. Such a Board must necessarily incur expenses, which are unprovided for in other channels. Its members serve without compensation, and I have been unable to ask them to function as fully as would be necessary because of the inability of the Sitate to reimburse them for necessary outlays for clerical and other essential expenses. I, therefore, request that you make an appropriation of twenty-five thou- sand dollars to continue the work of this Board, B'2 New Yoek State Industrial Commission CONCURRENT RESOLUTION FOR RE-CODIFICATION OF THE LABOR LAWS. By Mr. Walters. — Whereas, there is obvious need for the re-codification of the Labor Laws of the State of New York, and Whereas, Certain substantive changes in such laws have been demanded during the successive sessions of the legislature by the industrial commis- sion and by employees and employers, which would seem to indicate that some revision of the labor law is necessary, and Whereas, The Legislature has been loath to make such substantive changes without full and complete knowledge of the facts at first hand, therefore, be it Resolved (if the Assembly concur), That a joint committee of the Senate and Assembly be and hereby is created, to consist of five members of the committee of labor and industry of the Senate, to be appointed by the Tempo- rary President of the Senate, and six members of the Committee on Labor and Industries of the Assembly, to be appointed by the speaker of the Assembly, to re-codify the existing labor laws and to revise such portions of the said laws as, in the judgment of the committee and upon investigation, need revision, and to report thereto, with its recommendations, to the next legislature; vacancies in the membership of the committee shall be filled in the same manner as original appointments ; and further Resolved, That the chairman of the joint committee shall be the chairman of the committee on labor and industry of the Senate and the vice-chairman of the joint committee shall be the chairman of the committee on labor and industries in the Assembly; that the joint committee shall have full power to select its other oificers and conduct its work through sub- committees; have the service and advice of the Industrial Commission or other departments of the State necessary for its work and employ such other assistants, experts and stenographers, clerks or other employees as it may deem necessary for the proper prosecution of its work; to sit and conduct its studies and investigations anywhere within the State and outside of the State within the United States; to take and hear proofs and testimony and subpoena and compel the attendance of witnesses and the production of books, papers and records within the State and otherwise have all the powers of a legislative committee as provided in the legislative law, including the adoption of rules for the conduct of its proceedings; and further Resolved, That the sum of five thousand dollars, or so much thereof as may be necessary, be and hereby is appropriated from the funds set aside for the cpntingent expenses of the legislature for the necessary expenses of such committee, to be paid by the treasurer upon vouchers approved by the chairman of such committee. Adopted in Senate, April 23; in Assembly, April 24. TEXT OF LABOR LAWS OF 1930 [Arranged in chronological order of enactment as indicated by chapter numbers. In the case of acts which make changes in the existing law, new matter intro- duced is printed in italic type and old matter omitted is enclosed in brackets. Acts containing new matter only are in Koman type throughout.] Chapter 4. An Act to amend chapter four hundred and fourteen of the laws of nineteen hundred and eighteen, entitled "An act to create a state commission to inquire into the subject of retirement pensions, allowances and annuities for state and municipal officers and employees, and making an appro- priation therefor, in relation to the report of the commission. The People of the State of New York, represented in Senate and AssemMy, do enact as follows; Section 1. Section five of chapter four hundred and fourteen of the laws of nineteen hundred and eighteen, entitled "An act to create a state com- mission to inquire into the subject of retirement pensions, allowances and annuities for state and municipal officers and employees, and making an appropriation therefor," as amended by chapter twenty-two of the laws of nineteen hundred and nineteen, is hereby amended to read as follows: § 5. Report to governor and legislature. The commission shall on or before February first, nineteen hundred and twenty-ome, report the result of Its inquiry to the governor and legislature, including such proposed legislation as it may deem advisable. § 2. This act shall take effect immediately. Approved January 31. Chapter g. An Act to provide for the acquisition by the state of certain real property in the city of New York, and making an appropriation therefor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The trustees of public buildings are hereby authorized to acquire for the State and in its name by purchase, at a price not exceeding the amount appropriated by this act, the following described real property in the city of New York: Commencing at a point in the south line of East Twenty-eighth street, one himdred and eighty feet westerly from the west line of Lexington avenue; thence easterly, sixty feet; thence southerly along the east line of the property of the Young Men's Christian Association, ninety- eight feet, nine inches; thence westerly parallel with East Twenty-eighth street, on the boundary line of the property of such association, five feet, four inches; thence southerly on the east line of the property of such associa- tion, ninety-eight feet, nine inches; thence westerly along the north line of 2 [33] 34 New Yoek State Industrial Commission West Twenty-seventh street, forty-one feet, one inch; thence northerly along the west line of the property of such association, ninety-eight feet, nine inches; thence westerly approximately parallel to East Twenty-eighth street, fifteen feet, seven inches; thence northerly in a straight line, ninety-eight feet, nine inches, to the place of beginning. The contract for the purchase of such property shall be made by the trustees of public buildings. The trustees of public buildings shall have charge of such property and the build- ings thereon and may assign the use thereof to such State department, board, commission or office, or one or more of them, from time to time, as they deem proper. § 2. The sum of five hundred and forty-five thousand dollars ($545,000), or so much thereof as may be necessary, is hereby appropriated for carrying out the provisions of this act. The moneys hereby appropriated shall be paid out by thp State treasurer on the warrant of the comptroller on vouchers approved by the trustees of public buildings. No part of such money, how- ever, shall be paid out until the attorney-general shall have approved the title to such property and the deed of conveyance thereof to the state, nor until a certificate of such approval shall have been filed with the comptroller. § 3. This act shall take effect immediately. Approved February 18. Chapter 242. An Act to amend the labor law, in relation to bureaus. The People of the Btate of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section forty-two of chapter thirty-six of the laws of nineteen hundred and nine, entitled "An act relating to labor, constituting chapter thirty-one of the consolidated laws," as last amended by chapter eighty-five of the laws of nineteen hundred and nineteen, is hereby amended to read as follows : § 42. Bureaus. The department of labor shall have the following bureaus: inspection; industrial codes; statistics and information; mediation and arbi- tration; industries and immigration; employment; workmen's compensaton; women in industry; and such other bureaus as the commission may deem necessary, subject to appropriation by the legislature. Each bureau and division of the department and the persons in charge thereof shall be subject to the supervision and direction of the commission and of any commissioner duly designated to supervise the work of such bureau, and in addition to their respective duties as prescribed by this chapter shall perform such other duties as may be assigned to them by the commission. § 2. This act shall take effect immediately. Approved April 16. Chapter 266. An Act to amend the civil service law, in relation to the continuity of service of soldiers, sailors or marines. The People of the State of New York, represented in Senate and Assembly, do enact as follows; Section 1. Chapter fifteen of the laws of nineteen hundred and nine, entitled "An act in relation to the civil service of the state of New York and the The Labor Laws of 1920 35 civil divisions and cities thereof, constituting chapter seven of the consoli- dated laws," is hereby amended by adding thereto after section twenty-two-b, as added by chapter two hundred and twenty-flve of the laws of nineteen hundred and nineteen, a new section, to be section twenty-two-c, to read as follows : § 22-c. Continuity of service of persons in federal, military, naval or marine service. If any oflScer or employee of the civil service of the state or of a civil division or city thereof shall have left his position or employment for the purpose of entering and did enter the military, naval or marine service of the United States and served therein during the world war, and having been honorably discharged therefrom shall have been reinstated in his posi- tion or employment or appointed to any position or employment in the civil service of the state or of such civil division or city, the period of such absence shall be deemed to count as a part of any term of civil service entitling such officer or employee to any pension, privilege or immunity; provided such officer or employee shall have been reinstated in or appointed to such position or employment within one year from the date of his honor- able discharge from the service of the United States. § 2. This act shall take effect immediately. Approved April 19. Chapter 281. An Act to amend the workmen's compensation law, in relation to interest payable on awards. The People of the State of New York, represented in, Senate and Assembly, do enact as follows; Section 1. Section twenty-four of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in relation to assur- ing compensation for injuries or death of certain employees in the course of their employment and repealing certain sections of the labor law relating thereto, constituting chapter sixty-seven of the consolidated laws," as amended' and re-enacted by chapter forty-one of the laws of nineteen hundred and fourteen, such section having been last amended by chapter seven hundred and five of the laws of nineteen hundred and seventeen, is hereby amended to read as follows: § 24. Costs ancl fees. If the commission or the court before which any proceedings for compensation or concerning an award of compensation have been brought, under this chapter, determines that such proceedings have not been so brought upon reasonable ground, it shall assess the whole cost of the procedings upon the party who has so brought them. Claims for legal services in connection with any claim arising under this chapter, and claims for services or treatment rendered or supplies furnished pursuant to section thirteen of this chapter, shall not be enforceable unless approved by the commission. If so approved, such claim or claims shall become a lien upon the compensation awarded, but shall be paid therefrom only in a manner fixed by the commission. [In case an award is affirmed upon an appeal to the appellate division, the same shall be payable with interest thereon from the date when said award was made by the commission.] When an appeal taken from an a/ward of compensation is withdrawn or an award is affirmed 36 l^EW YoEK State Industeial Commission iy the courts, the amovMt of the aisard shall be payable with interest thereon from the date when notice of the filing of the award has been sent to the parties in interest. § 2. This act shall take effect immediately. Approved April 19. Chapter 284. An Act to amend the labor law, in relation to employment of women on street, surface, electric, subway or elevated railroads. The People of the State of 'New York, represented in Senate and Assembly, do enact as follows,- Section 1. Subdivisions two, three and six of section one hundred and sixty-one-d of chapter thirty-six of the laws of nineteen hundred and nine, entitled "An act relating to labor, constituting chapter thirty-one of the con- solidated laws,'' as added by chapter five hundred and eighty-three of the laws of nineteen hundred and nineteen, are hereby amended to read as follows : 2. No female over twenty-one years of age shall be employed, permitted or suffered to work as a conductor or guard in [or in connection with] the operation of any street, surface, electric, subway or elevated railroad car or train [, or to sell or accept fares or admissions in any railroad station, car or train of any street, surface, electric, subway or elevated railroad] more than six days or fifty-four hours in any one week, nor more than nine hours in any one day, nor before six o'clock in the morning, nor after ten o'clock in the evening of any day. 3. The daily hours of labor of such female employees shall be the period between the time of reporting for duty at the bam, terminal [,] or car [or station] and the time when the employee is released for the day. 6. A printed notice, in a form which shall be furnished by the state indus- trial commission, statilig the number of daily hours of labor for each day In the week of the employees enumerated in this section, and the time when their work shall begin and end, shall be kept posted in a conspicuous place in each terminal, station or ear barn where they are employed or report Tor duty. Such employees may begin their work after the time for beginning, or stop before the time fca: ending such work, as stated in such notice, but shall not be otherwise employed, permitted or suffered to work in any occu- pation specified in this section, except as stated therein. The terms of such notice shall not be changed after the beginning of labor on the first day of the week without the consent of the state industrial commission. The presence of such empaoyees in[, or in connection with,] the occupations specified in this secfaon at any other hours than those stated in the printed notice, or, if no such notice be posted, before six o'clock in the morning, or after ten o'clock in the evening of any day, shall constitute prima facie evidence of a violation of this section. § 2. This act shall take effect immediately. Approved April 21. The Labor Laws of 1920 ST Chapter 315. An Act to amend the insanity law, in relation to the wages which may be paid state hospital employees for services in order that proper and suitable employees can be secured for state hospitals for the insane. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The employees of state hospitals for the insane as defined under chapter twenty-seven of the consolidated laws, article three, section fifty, under the insanity law as revised to July first, nineteen hundred and nine- teen, may receive as wages in the discretion of the state hospital commission the maximum moneys prescribed therein instead of the minimum. The pay- ment of these maximum wages shall, in the discretion of the state hospital commission, be made on all payrolls subsequent to the passage of this act for services rendered prior to July first, nineteen hundred and twenty. § 2. This act shall take effect immediately. Approved April 22. Chapter 348. An Act to amend the Greater New York charter, in relation to the power of the board of standards and appeals and of the board of appeals, throu^ the chairman, to administer oaths and compel the attendance of witnesses. The People of the State of New York, represented in Senate and Assembly, do enact as foUoios; Section 1. Subdivision three of section seven hundred and eighteen of the Greater New York charter, as re-enacted by chapter four himdred and sixty- six of the laws of nineteen hundred and one, as added by chapter five hundred and three of the laws of nineteen hundred and sixteen, is hereby amended to read as follows: 3. Meetings. Mee'tings of the board and of the board of appeals shall be held at the call of the chairman and at such other times as such boards may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of such boards shall be open to the public. Each board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official action. f 2. This act shall take effect immediately. Approved April 27. Chapter 425. An Act to amend the prison law, in relation to retixement. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section four hundred and ten of chapter forty-seven of the laws of nineteen hundred and nine, entitled "An act relating to prisons, constitut- ing chapter forty-three of the consolidated laws," as added by chapter seven 38 ISTew Yoek State Industrial Commission- hundred and twelve of the laws of nineteen hundred and seventeen, and last amended by chapter two hundred and seven of the laws of nineteen hundred and nineteen, is hereby amended to read as follows: § 410. When guards and other employees may be retired. A guard or other employee in a state prison or reformatory, or an employee in the prison department, who shall have served a term of employment of twenty- five years, which employment, in the case of a guard or employee in a state prison or reformatory, was either wholly in such prison or reformatory or partly therein and partly in another prison or reformatory or in a state hospital or penitentiary, or which employment, in the case of an employee of the prison department, was either wholly in such department, or partly therein and partly as a guard or other employee in a prison, reformatory, hospital or penitentiary, or in one or more of them, and which, in the case of any such guard or employee in a state prison or reformatory or employee in the prison department, was either in one consecutive term or in two or more terms which shall together amount to a total period of employment of twenty-five years, may, if unable to perform his regular duties in a manner satisfactory to the superintendent of prisons or superintendent of reform- atories, as the case may be, be retired as hereinafter provided at one-half the salary paid to him for the year immediately preceding such retirement. Any such guard or employee who shall have reached the age of seventy years, who shall ha%'e served a term of employment of not less than fifteen years, may, if unable to perform his regular duties in a manner satisfactory to the superintendent of prisons or the superintendent of reformatories, as the ease may be, be retired as hereinafter provided, and be paid such proportion of one-half of the salary paid him for the year immediately preceding such retirement, as the number of years served bears to the full term of twenty- five years. Such payment [shall in no case exceed one thousand dollars per annum and] shall be payable out of moneys appropriated therefor [by the state for the salary of such guard or employee], and shall not be revoked, diminished or subject to the claims of creditors, such guard or employee may be r'etired when such action shall be in the interest of the state in the following manner: [A guard or employee in a state prison or an employee in the prison department, by the superintendent of prisons, a guard or employee in a state reformatory, by the board of managers of such reforma- tory, on the recommendation of the superintendent of reformatories.] A guard or employee of the prison department shall be retired upon approval of the superintendent of prisons at the expiration of twenty-five years of service, upon application for such retirement to the superintendent of prisons; a guard or employee in a state reformatory shall be retired at the expira- tion of twenty-five years of service upon approval by the board of managers of such reformatory, upon application by such guard or employee to the superintendent of reformatories. Within the meaning of this section, an employee of the prison department means any person employed under the superintendent of state prisons. § 2. This act shall take effect immediately. Approved May 3. The Laboe Laws of 1920 39 Chapter 435. An Act making appropriation for increased allowance to employees of state charitable and reformatory institutions reporting to the fiscal supervisor of state charities. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section I. The sum of one hundred and fifty- three thousand dollars ($153,000) is hereby appropriated for employees receiving compensation not in excess of fifteen hundred dollars exclusive of maintenance allowance, to make effective for the fiscal year beginning July first, nineteen hundred and twenty, the rates of compensation to be established, prior to the taking effect of this act, by the salary classification for the state charitable and reforma- tory institutions reporting to the fiscal supervisor of state charities. § 2. This act shall take effect immediately. Approved May 3. Chapter 513. An Act to amend the prison law, in relation to the compensation of guards in state prisons and reformatories, and making an appropriation therefor. The People of the State of New York, represented in Senate and Assembly, do enact as follows; Section 1. Section one hundred and fourteen of chapter forty-seven of the laws of nineteen hundred and nine, entitled "An act relating to prisons, con- stituting chapter forty-three of the consolidated laws," as last amended by chapter five hundred and seventy-seven of the laws of nineteen hundred and eighteen, is hereby amended to read as follows: § 114. Compensation of other officers. The superintendent of state prisons shall, from time to time, prescribe the compensation of the other officers of said prisons, but the compensation so fixed and prescribed in each of such prisons shall not in any case exceed the rate of the annual salary appro- priated for the position of each of such officers. The compensation of guards [and attendants] in state prisons [hospitals] shall [be as follows:] not exceed the following: For the first year's service, [ten] twelve hundred dollars; for the second year's service, [eleven] thirteen hundred dollars; for the third year's service, [twelve] fourteen hundred dollars; for the fourth year's service, [thirteen] fifteen hundred dollars; for the fifth year's service, and thereafter [fourteen] sicoteen hundred dollars; but an increase of com- pensation based upon the, length of service shall not take effect until the first day of the month succeeding the date when the period of service herein prescribed shall have terminated. § 2. Section two hundred and eighty -nine of such chapter, as amended by chapter fifty of the laws of nineteen hundred and twelve, is hereby amended to read as follows: § 289. Compensation of officers and employees in state reformatories. Except as provided in this section the annual compensation of the several officers, keepers and employees, of both said institutions, shall be fixed by the state board of managers, not exceeding the maximum sums fixed under 40 JSTew York State Industeial Commission- section seventeen of the state finance law. Tke chief giiard, guards, store- keepers, trade instructors and booli-keepers employed in both such institu- tions shall receive the same compensation allowed by law to guards in the state prisons, as provided hy section one hundred and fourteen of this chapter. [The compensation of clerks in both such institutions shall be as follows: For the first year's service, six himdred dollars; for the second year's service, seven hundred and twenty dollars; for the third year's service, eight hundred and forty dollars; for the fourth year's service, and thereafter, nine hundred and sixty dollars.] Maintenance and supplies may be allowed to such officers, guards, keepers and employees in the discretion of the board of managers as a part of said compensation. § 3. The treasurer shall pay, on the warrant of the comptroller, from the several sums specified, to the persons and for the purposes indicated in the act the amounts named or so much thereof as may be sufficient to accomplish, in full, the purposes designated by the appropriations, which several amounts are hereby appropriated out of any moneys in the treasury not otherwise appropriated. The increase for each is to be at the rate of two hundred dollars a year. The amounts as herein appropriated are for the fiscal year beginning July first, nineteen himdred and twenty, and are to be considered as supplementing the amounts for the several positions included under the several subdivisions in any other appropriation. Auburn prison. Payable from general fund. Guard, 83 at $200 $16, 600 00 Clinton prison. Payable from general fund. Guard, 96 at $200 19, 200 00 Great Meadow prison. Payable from general fund. Guard, 50 at $200 10, 000 00 Sing Sing prison. Payable" from general fund. Guard, 93 at $200 18, 600 00 Auburn prison. OPayable from prison capital fund. Guard, 10 at $200 2, 000 00 Clinton prison. Payable from prison capital fund. Guard, 8 at $200 1 600 00 Sing Sing prison. Payable from prison capital fimd. Guard, 2 at $200 4qO oo New York State Reformatory — Ehnira. Payable from general fund. 8 chief guards, 50 guards, 2 storekeepers, 16 instructors, ^* ^2^" 21, 280 00 20 guards, 1 farmer-guard, 1 garden-guard, 2 bookkeepers, ^* $200 4 800 00 Eastern New York Eeformatory, Napanoch. Payable from general fund. The Laboe Laws of IQ^O 41 3 chief guards, 20 guards, 1 bookkeeper, 1 storekeeper, 1 farm guard, 4 instructors, at $280 $8, 400 00 § 4. This act shall take effect on the first day of July, nineteen hundred and twenty. Approved May 4. Chapter 527. An Act to amend the workmen's compensation law, in relation to the prefer- eiBnce of compensation awards against assets of insurance carriers. Tlie People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section thirty -four of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in relation to assur- ing compensation for injuries or death of certain employees in the course of their employment and repealing certain sections of the labor law relating thereto, constituting chapter sixty-seven of the consolidated laws," as re-en- acted and amended by chapter forty-one of the laws of nineteen hundred and fourteen, and last amended by chapter six hundred and twenty-two of the laws of nineteen hundred and sixteen, is hereby amended to read as follows: § 34. Preferences. The right of compensation granted by this chapter and any awards made thereunder shall have the same preference or lien without limit of amount against the assets of [the] an employer, or of any stock cor- poration or mutual association authorized to transact business of workmen's compensation insurance in this state, as is now or hereafter may be allowed by law for a claim for unpaid wages for labor. § 2. This act shall take effect July first, nineteen hundred and twenty. Approved May 5. Chapter 529. An Act to amend the workmen's compensation law, in relation to fees ia connection with claims for compensation. The People of the State of New York, represented in Senate and Assembly, do enact as follows.- Section 1. Section twenty-four of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in relation to assur- ing compensation for injuries or death of certain employees in the course of their employment, and repealing certain sections of the labor law relating thereto, constituting chapter sixty-seven of the consolidated laws," as re-en- acted by chapter forty-one of the laws of nineteen hundred and fourteen and as such section was last amended by chapter seven hundred and five of the laws of nineteen hundred and seventeen, is hereby amended to read as follows : § 24. Costs and fees. If the commission or the court before which any proceedings for compensation or concerning an award of compensation have been brought, under this chapter, determine that such preceedings have not beer^ so brought upon reasonable ground, it shall assess the whole cost of the proceedings upon the party who has so brought them. Claims of attorneys and counselor s-at-law for legal services in connection with any claim arising under this chapter, and claims for services or treatment rendered or supplies 42 New Yoek State Iwdusteial Commission furnished pursuant to section thirteen of this chapter, shall not be enforce- able unless approved by the commission. If so approved, such claim or claims shall become a lien upon the compensation awarded, but shall be paid therefrom only in the manner fixed by the commission. Any other person, firm or corporation who shall exact or receive a fee or gratuity for any services, rendered on behalf of a claimant except m an amount determined by the commission, shall be guilty of a misdemeanor. Any person, firm or corporation who shall solicit the business of appearing before the commis- sion 'on behalf of a claimant, or who shall make it a business to solicit employment for a lawyer in connection with amy claim for compensation under this act shall be guilty of a misdemeanor. In case an award is aflSrmecl upon an appeal to the appellate division, the( same shall be payable with interest thereon from the date when said award was made by the commission. § 2. This act shall take effect immediately. Approved May 5. Chapter 530. An Act to amend the workmen's compensation law, in relation to the payment of administration expenses of the state insurance fund directly out of itsi premium income. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section ninety -four of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in relation to assur- ing compensation for injuries or death of certain employees in the course of their employment and repealing certain sections of the labor law relating thereto, constituting chapter sixty-seven of the consolidated laws," as re-en- acted and amended by chapter forty-one of the laws of nineteen hundred and fourteen and as last amended by chapter six hundred and twenty-two of the laws of nineteen hundre'd and sixteen, is hereby amended to read as follows: § 94. Administration expenses. The entire expense of administering the state insurance fund shall be paid in the first instance by the state, out of moneys appropriated therefor. In the month of July, nineteen hundred and seventeen, and annually thereafter in such months, the commission shall ascertain the just amount incurred by the commission during the preceding fiscal year, in the administration of the state insurance fund, and shall refund such amount to the state treasury. The commission Tnay, with the approval of the governor, pay directly out of its premium, income such amounts in excess of those appropriated in the annuM appropriation bill, as may be found necessary for the successful administration of the fund. Such amounts, however, shall not exceed in any one year the sum of twenty-five thousand dollars. Any positions created out of such fund shall be regarded as tem- porary in character only and shall not be continued beyond the commence- ment of the next fiscal year ensuing such appointment unless provision there- for is contained in the next annual appropriation bill. If there be employees of the commission other than the commissioners themselves and the secretary whose time is devoted partly to the general work of the commission and partly to the work of the state insurance fund, and in case there is other expense which is incurred jointly on behalf of the general work of the commission The Laboe Laws of 1920 43 and the state insurance fund, an equitable apportionment of the expense shall be made for such purpose and the part thereof which is applicable to state insurance' fund shall be chargeable thereto. The commission on or before the fifteenth day of Ja/mtary in each year shall submit to the legisla- ture a detailed statement of the eaypense of administering the state fund for the preceding year ending June thirtieth, vn the form adopted by the legisla- ture in the annual appropriation bills. All appointments to positions in the state insurance fund shall, as heretofore, be made subject to civil service requirements. § 2. This act shall take effect July first, nineteen hundred and twenty. Approved May 5. Chapter 532. An Act to amend the workmen's compensation law, generally. The People of the State of New York, represented in Senate and Assembly, do enact as follows.- Section 1. Subdivisions three and five of section fifteen of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in relation to assuring compensation for injuries or death of certain employees in the course of their employment and repealing certain sections of the labor law relating thereto, constituting chapter sixty-seven of the con- solidated laws," such section having been last amended by chapter seven hun- dred and five of the laws of nineteen hundred and seventeen, are hereby amended to read as follows: 3. Permanent partial disability. In case of disability partial in character but permanent in quality the compensation shall be sixty-six and two-thirds per centum of the average weekly wages and shall be paid to the employee for the period named in the schedule, as follows: Thumb. For the loss of a thumb, sixty weeks. First finger. For the loss of a first finger, commonly called index finger, forty-six weeks. Second finger. For the loss of a second finger, thirty weeks. Third finger. For the loss of a third finger, twenty-five weeks. Fourth finger. For the loss of a fourth finger, commonly called the little finger, fifteen weeks. Phalange of thumb or finger. The loss of the first phalange of the thumb or finger shall be considered to be equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount above specified. The loss of more than one phalange shall be considered as the loss of the entire thumb or finger. Where the injury results in the loss of more than one finger, compensation therefor may be awarded for the proportionate loss of the use of the hand thereby occasioned; provided, however, that in no case shall the compensation awarded for more than one finger exceed the amount provided in this schedule for the loss of a hand. Great toe. For the loss of a great toe, thirty-eight weeks. Other toes. For the loss of one of the toes other than the great toe, sixteen weeks. Phalange of toe. The loss of the first phalange of any toe shall be con- sidered to be equal to the loss of one-half of said toe, and the compensation 44 ^N'ew Yoek State Ibtdusteial Commission shall be one-half of the amount specified. The loss of more than one phalange shall be considered as the loss of the entire toe. Where the injury results in the loss of more than one toe compensation therefore may be awarded for the proportionate loss of the use of the foot thereby occasioned, provided, however, that in no case shall the compensation awarded for more than one toe exceed the amount provided in this schedule for the loss of the foot. Hand. For the loss of a hand, two hundred and forty-four weeks. Arm. For the loss of an arm, three hundred and twelve weeks. Foot. For the loss of a foot, two hundred and five weeks. Leg. For the loss of a leg, two hundred and eighty-eight weeks. Eye. For the loss of an eye, one hundred and twenty-eight weeks. Loss of use. Permanent loss of the use of a, hand, arm, foot, leg, eye, thumb, finger, toe or phalange, shall be considered as the equivalent of the loss of such hand, arm, foot, leg, eye, thumb, finger, toe or phalange. The loss of eighty per centum of the vision of the eye shall he considered to 6e the equivalent of the loss of the use of the eye and the loss of binocular vision shall ie considered to he equivalent to the loss of one eye. Partial loss and partial loss of use. For the partial loss or the partial loss of the use of a hand, arm, foot, leg or eye, compensation therefor may be awarded for the proportionate loss or proportionate loss of the use of such hand, arm, foot, leg or eye. Amputations. Amputation between the elbow and the wrist shall be con- sidered as the equivalent of the loss of a hand. Amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be considered as the loss of an arm. Amputation at or' above the knee shall be considered as the loss of the leg. The compensation for the foregoing specific injuries shall be in lieu of all other compensation, except the benefits provided in section thirteen of this chapter. In case of an injury resulting in serious facial or head disfigurement the commission may in its discretion, make such award or compensation as it may deem proper and equitable, in view of the nature of the disfigurement, .but not to exceed three thousand five hundred dollars. Other cases. In all other cases in this class of disability, the compensa- tion shall be sixty-six and two-thirds per centum of the difference between his average weekly wages and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such par- tial disability, but subject to reconsideration of the degree of such impair- ment by the commission on its own motion or upon application of any party in interest. 5. Limitation. The compensation payment under subdivisions one, two and four and under subdivision three except in case of the loss of a hand, arm, foot, leg or eye, shall not exceed [fifteen] twenty dollars per week nor be less than [five] eight dollars per week; the compensation payment under subdivision three in case of the loss of a hand, arm, foot, leg or eye, shall not exceed twenty dollars per week nor be less than [five] eight dollars [a] per week; provided, however, that if the employee's wages at the time of injury are less than [five] eight dollars per week he shall receive his full weekly wages. The Labor Laws of 1920 45 § 2. Subdivision fcmr of section sixteen of such chapter, such section hav- ing been last amended by chapter six hundred and twenty-two of the laws of nineteen hundred and sixteen, is hereby amended to read as follows: 4. If there be no surviving wife (or dependent husband) or child under the age of eighteen years or if the amount payable to surviving wife (or dependent husband) and to children under the age of eighteen years shall be less in the aggregate than sixty-six a^d two-thirds per centum of the average wages of the deceased, then for the support ot grandchildren or brothers and sisters xmder the age of eighteen years, if dependent upon the deceased at the time of the accident, fifteen per centum of such wages for the support of each such person until the age of eighteen years; and for the support of each parent, or grandparent, of the deceased if dependent upon him at the time of the accident, twenty-five per centum of such wages dur- ing such dependency. But in no case shall the aggregate amount payable under this subdivision exceed the difference between siacty-six and two-thirds per centum of such wages, and the amount payable as hereinbefore , provided to surviving wife (or dependent husband) or for the support of surviving child or children. Any excess of wages over one hundred amd twenty-five dollars a month shall not be taken into account in computing compensation under this section. All questions of dependency shall be determined as of the time of the accident. § 3. This act shall take effect immediately. Approved May 5. Chapter 533. An Act to amend the workmen's compensation law, in relation to partial loss or partial loss of use of a thumb, finger, toe or phalange. The People of the State of New York, represented in Senate and Assemhly, do enact as follows,- Section 1. Subdivision three of section iifteen of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in relation to assuring compensation for injuries or death of certain employees in the course of their employment and repealing certain sections of the labor law relating thereto, constituting chapter sixty-seven of the consolidated laws," as re-enacted by chapter forty-one of the laws of nineteen hundred and fourteen, as last amended by chapter seven hundred and five of the laws of nineteen hundred and seventeen, is hereby amended to read as follows: 3. Permanent partial disability. In case of disability partial in character but permanent in quality the compensation shall be sixty-six and two-thirds per centum of the average weekly wages and shall be paid to the employee for the period named in the schedule, as follows: Thumb. For the loss of a thumb, sixty weeks. First finger. For the loss of a first finger, commonly called index finger, forty-six weeks. Second finger. For the loss of a second finger, thirty wedis. Third finger. For the loss of a third finger, twenty-*ve weeks. Fourth finger. For the loss of a fourth finger, commonly called the little finger, fifteen weeks. 46 New Yoek State Industeial Commissioit Phalange of thumb or finger. The loss of the first phalange of the thumb or finger shall be considered to be equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount above specified. The loss of more than one phalange shall be considered as the loss of the entire thumb or finger. Where the injury results in the loss of more than one finger, compensation therefor may be awarded for the proportionate loss of the use of the hand thereby occasioned; provided, however, that in no case shall the compensation awarded for more than one finger exceed the amount provided in this schedule for the loss of a hand. Great toe. For the loss of a great toe, thirty-eight weeks. Other toes. For the loss of one of the toes other than the great toe, sixteen weeks. Phalange of toe. The loss of the first phalange of any toe shall be con- sidered to be equal to the loss of one-half of said toe, and the compensation shall be one-half of the amount specified. The loss of more than one phalange shall be considered as the loss of the entire toe. Where the injury results In the loss of more than one toe compensation therefor may be awarded for the proportionate loss of the use of the foot thereby occasioned, provided, how- ever, that in no case shall the compensation awarded for more than one toe exceed the amount provided in this schedule for the loss of the foot. Hand. The loss of a hand, two hundred and forty-four weeks. Arm. For the loss of an arm, three hundred and twelve weeks. Foot. For the loss of a foot, two hundred and five weeks. Leg. For the loss of a leg, two hundred and eighty-eight weeks. Eye. For the loss of an eye, one hundred and twenty-eight weeks. Loss of use. Permanent loss of the use of a hand, armi, foot, leg, eye, thumb, finger, toe or phalange, shall be considered as the equivalent of the loss of such hand, arm, foot, leg, eye, thumb, finger, toe or phalange. Partial loss and partial loss of use. For the partial loss or the partial loss of the use of a hand, arm, foot, leg, [or] eye, thumb, finger, toe or phalangej compensation therefor may be awarded for the proportionate loss or proportionate loss of the use of such hand, arm, foot leg [or] eye,^ thumb, finger, toe or phalange'. Amputations. Amputation between the elbow and the wrist shall be con- sidered as the equivalent of the loss of a hand. Amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be considered as the loss of an arm. , Amputation at or above the knee shall be considered as the loss of the leg. The compensation for the foregoing specific injuries shall be in lieu of all other compensation, except the benefits provided in section thirteen of this chapter. In case of an injury resulting in serious facial or head disfigurement the commission may in its discretion, make such award or compensation as it may deem proper and equitable, in view of the nature of the disfigurement, but not to exceed three thousand five hundred dollars. Other cases. In all other cases in this class of disability, the compensa- tion shall be sixty-six and two-thirds per centum of the difference between his average weekly wages and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such par- The Labok Laws of 1920 47 tial disability, but subject to reconsideration of the degree of such impair- ment by the commission on its own motion or upon application of any party in interest. § 2. This act shall take effect immediately. Approved May 5. Chapter 534. An Act to amend the workmen's compensation law, in relation to the effect of an award. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision three of section fifteen of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in rela- tion to assuring compensation for injuries or death of certain employees in the course of their employment, and repealing certain sections of the labor law relating thereto, constituting chapter sirty-seven of the consolidated laws," as re-enacted by chapter forty-one of the laws of nineteen hundred and fourteen, such section having been last amended by chapter seven hundred and flve of the laws of nineteen hundred and seventeen, is hereby amended by adding at the end thereof a new paragraph to read as follows : Effect of award. An award made to a claimant under this subdivision shall in case of his death* to be payable to and for the benefit of the per- sons following: 1. If there be a surviving wife (or dependent husband) and no child of the deceased under the age of eighteen years, to such wife (or dependent husband). 2. If there be a surviving wife (or dependent husband) and surviving child or children of the deceased under the age of eighteen years, one-half shall be payable to the surviving wife (or dependent husband) and the other half to the surviving child or children. The commission may in its discretion require the appointment of a guardian for the purpose of receiving the compensation of the minor child. In the absence of such a requirement by the commission the appointment for such a purpose shall not be necessary. 3. If there be a surviving child or children of the deceased under the age of eighteen years, but no surviving wife (or dependent husband) then to such child or children. §• 2. This act shall take effect immediately. Approved May 5. Chapter 536. An Act to amend the workmen's compensation law, in relation to policemen in villages. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section two of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in relation to assuring » So in original. 48 ^New Yohk State Iitdusteial Commission compensation for injuries or death of certain employees in the course of their employment, and repealing certain sections of the labor law relating thereto, constituting chapter sixty-seven of the consolidated laws," as re-enacted by chapter forty-one of the laws of nineteen hundred and fourteen and last amended by chapter seven hundred and iive of the laws of nineteen hundred and seventeen, is hereby amended by inserting therein after group forty-five, as added by chapter six hundred and thirty-four of the laws of nineteen hun- dred and eighteen, and before the succeeding paragraph a new group, to be group forty-seven, to read as follows: Group 47. All policement of villages. § 2. This act shall take effect immediately. Approved May 5. Chapter 538. An Act to amend the workmen's compensation law, in relation to occupational diseases, and making an appropriation therefor. The People of the State of New York, represented in Senate and AssemMij, do enact as follows.- Section 1. Chapter eight hundred and sixteen of the laws of nineteen hun- dred and thirteen, entitled "An act in relation to assuring compensation for injuries or death of certain employees in the course of their employment and repealing certain sections of the labor law relating thereto, constituting chap- ter sixty-seven of the consolidated laws,'' as re-enacted and amended by chap- ter forty-one of the laws of nineteen hundred and fourteen, is hereby amended by the insertion therein of a new article, to be article two-a, to read aa follows : ARTICLE 2-A. OccuPATioNAi, Diseases. Section 37. Definitions. 38. Disablement treated as accident. 39. Eight to compensation. 40. Time limit. 41. Certifying physicians 42. Appeal to commission. 43. Fees of physicians. 44. Date of disablement. 45. Workmen, when not entitled. 46. Liability of employer. 47. Notice to employers. 48. Information; penalty. 49. Presumption; as to cause of disease. 49-a. Schedule of occupational diseases. 49-b. Diseases which are accidents. § 37. Definitions. Whenever used in this article: 1. "Disability" meana the state of being disabled from earning full wages at the work at which the employee was lafit employed. The Labor Laws of 1920 49 2. " Disablement " means the act of becoming so disabled as defined in sub- division one. § 38. Disablement treated as accident. The disablement of an employee resulting from an occupational disease described in section forty-nine-a of this article, except where specifically otherwise provided, shall be treated as the happening of an accident within the meaning of this chapter and the procedure and practice provided in this chapter shall apply to all proceedings under this article, except where specifically otherwise provided herein. § 39. Right to compensation. If an employee is disabled or dies and his disability or death is caused by one of the disease^ mentioned in section forty-nine-a of this article, and the disease is due to the nature of the corre- sponding employment as described in- section forty-nine-a in which such employee was engaged and was contracted therein, he or his dependents shall be entitled to compensation for his death or for the duration of his disable- ment in accordance with the provisions of article two, except as hereinafter stated; provided, however, that if it shall be determined that such employee is able to earn wages at another occupation which shall be neither unhealth- ful nor injurious, and such wages do not equal his full wages prior to the date of his disablement, the compensation payable shall be a percentage of full compensation proportionate to the reduction in his earning capacity. I 40. Time limit. Neither the employee nor his dependents shall be entitled to compensation for disability or death resulting from disease unless the dis- ease is due to the nature of his employment and contracted therein within the twelve months previous to the date of disablement, whether under one or more employers. § 41. Certifying physicians. The industrial commission and the industrial council, in joint session, shall divide the state into districts, and the com- mission, with the advice and consent of the industrial council, shall, so far as they are needed, appoint one or more competent and suitable physicians in each of such districts whose duty it shall be to examine any claimant under this article, either at the request of such claimant or at the request of his or her employer, and certify ( 1 ) whether he is suffering from a disease men- tioned in the schedule of diseases in section forty-nine of this article, and (2) whether he is thereby disabled from earning full wages at the work at which he was employed, and (3) whether the disease is due to the nature of the employment and contracted therein, and (4) the date on which the disability began. § 42. Appeal to commission. If an employer or an employee be aggrieved by the action of a certifying physician in giving or omitting or refusing to give a certificate as to disability or as to date or cause of disability, such employer or employee may appeal to the commission for the designation of another physician. The commission shall thereupon agree with such employer or employee upon the physician to be designated by the commission, who shall have all the powers of a certifying physician under this article. If the deter- mination of such physician shall in anywise differ from the determination of the certifying physician in the same case the commission shall finally deter- mine the questions involved, in accordance with the provisions of this article. § 43. Fees of physicians. The industrial commission, with the advice and assistance of the industrial council, shall make rules regulating the duties and fees of certifying and other physicians under this article. These fees 50 l^EW York State Industeial Commission shall be paid by the state as the other expenses oi the commission are paid. § 44. Date of disablement. For the purposes of this article the date of disablement, unless fixed by agreement of the parties, shall be such date as the certifying physician certifies as the date on which disability began, or, if he is unable to certify such a date, the date on which his certificate Is given; provided, however, that if appeal is taken to the commission under section forty-two, the date of disablement shall be such date as the com- mission may determine. But where an employee dies from an occupational disease covered by this article without having obtained a certificate stating the date on which such disability began, the date of his death shall be the date of disablement. § 45. Workmen, when not entitled^ If an employee, at the time of his employment, wilfully and falsely represents in writing that he has not pre- viously suffered from the disease which is the cause of disability or death, no compensation shall be payable. § 46. Liability of employer. The total compensation due shall be recover- able from the employer who last employed the employee in the employment to the nature of which the disease was due and in which it was contracted. If, however, such disease was contracted while such employee was in the employment of a prior employer, the employer who is made liable for the total compensation as provided by this section, may appeal to the commis- sion for an apportionment of such compensation among the several employ- ers who since the contraction of such disease shall have employed such employee in the employment to the nature of which the disease was due. Such apportionment shall be proportioned to the time such employee was employed in the service of such employers, and shall be determined only after a htering, notice of the time and place of which shall have been given to every employer alleged to be liable for any portion of such compensation. If the commission find that any portion of such compensation is payable by an employer prior to the employer who is made liable to the total compen- sation as provided by this section, it shall make an award accordingly in favor of the last employer, and such award may be enforced in the same manner as an award for compensation. § 47. Notice to employers. The employer to whom notice of death or dis- ability is to be given, or against whom claim is to be made by the employee, shall be the employer who last employed the employee during the said twelve months in the employment to the nature of which the disease was due and in which it was contracted, and such notice and claim shall be deemed sea- sonable as against prior employers. § 48. Information; penalty. The employee or his dependents, if so requested, shall furnish the last employer or the commission with such infor- mation as to the names and addresses of all his other employers during the said twelve months, as he or they may possess; and if such information is not furnished, or is not sufficient to enable such last employer to take pro- ceedings against a prior employer under section forty-six, unless it be estab- lished that the disease actually was contracted while the employee was iu his employment, such last employer shall not be liable to pay compensation, or, if such information is not furnished or is not sufficient to enable such last employer to take proceedings against other employers under section forty-six, such last employer shall be liable only for such part of the total The Labor Laws of 1920 51 compensation as under the particular circurastances the commision may deem just; but a false statement in the information furnished as aforesaid shall not impair tlie workman's rights unless the last employer is prejudiced thereby. § 49. Presumption as to the cause of disease. If the employee, at or imme- diately before the date of disablement, was employed in any process mentioned in the second column of the schedule of diseases in section forty-nine-a, and his disease is the disease in the' first column of such schedule set apposite the description of the process, the disease presumptively shall be deemed to have been due to the nature of that employment. § 49-a. Schedule of occupational diseases. For the purposes of this chap- ter only the diseases enumerated in column one, following, shall be deemed to be occupational diseases: Column 1. Description of diseases. 1. Anthrax. 2. Lead poisoning or its sequelae. 3. Mercury poisoning or its sequelae. 4. Phosphorous poisoning or its sequelae. 5. Arsenic poisoning or its sequelae. 6. Poisoning by wood alcohol. 7. Poisoning by nitro and amido- derivatives of benzine (dinitro- benzol, anilin, and others), or its sequelae. 8. Poisoning by carbon bisulphide or its sequelae. 9. Poisoning by nitrous fumes or its sequelae. 10. Poisoning by nickel carbonyl or its sequelae. 11. Dope poisoning (poisoning by tetrachlor-methane or any sub- stance used as or in conjunc- tion with a solvent for acetate of cellulose) or its sequelae. Column 2. Description of process. 1. Handling of wool, hair, bristles, hides or skins. 2. Any process involving the use of lead or its preparations or com- pounds. 3. Any process involving the use of mercury or its preparations or compounds. 4. Any process involving the use of phosphorous or its preparations or compounds. 5. Any process involving the use of arsenic or its preparations or compounds. 6. Any process involving the use of wood alcohol or any preparation containing wood alcohol. 7. Any process involving the use of a nitro- or amido-derivative of benzine or its preparations or compounds. Any process involving the use of carbon bisulphide or its prepa- rations or compounds. Any process in which nitrous fumes are evolved. 10. Any process in which nickel car- bonyl gas is evolved. Any process involving the use of any substance used as or in con- junction with a solvent for ace- tate of cellulose. 8. 9. 11 52 New Yoek State Iwdustkial Commissioit Column 1. Description of process. 12. Poisoning by gonioma kamassl (African boxwood) or its seque- lae. J3. Chrome ulceration or its seque- lae. 14. Epitlieliomatous cancer or ulcera- tion of the skin or of the cor- neal surface of the eye, due to tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances. 15. Glanders. 16. Compressed air illness or its sequelae. 17. Ankylostomiasis. 18. Miner's nystagmus. 19. Subcutaneous cellulitis of the hand (beat hand). 20. Subcutaneous cellulitis over the patella (miner's beat knee). 21. Acute bursitis over the elbow (miner's beat elbow). 22. Inflammation of the synovial lin- ing of the wrist joint and ten- don sheaths. 23. Cataract in glasswoxkers. Column 2. Description of process. 12. Any process in the manufacture of articles from gonioma kam- assi (African boxwood). 13. Any process involving the use of chromic acid or bichromate of ammonium, potassium, or so- dium, or their preparations. 14. Handling or use of tar, pitch, bitumen, mineral oil, or paraffin or any compound, product or residue of any of these sub- stances. 15. Care or handling of any equine animal or the carcass of any such animal. 16. Any process carried on in com- pressed air. 17. Mining. 18. Mining. 19. Mining. 20. Mining. 21. Mining. 22. Mining. 23. Pi'ocesses in the manufacture of glass involving exposure to the glare of molten glass. § 49-b. Diseases which are accidents. Nothing in this article shall effect the rights of an employee to recover compensation in respect to a disease to which this article does not apply if the disease is an accidental personal injury within the meaning of subdivision seven of section three of this chapter. § 2. The provisions of this act shall not apply to disability or death resulting from a disease contracted prior to the date on which this act takes effect. I 3. The sum of twenty-five thousand dollars ($25,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the uses and purposes of the state industrial commission in carrying out the provisions of this act. § 4. All acts or parts of acts inconsistent with this act are hereby repealed. § 5. This act shall take effect immediately. Approved May 5. The Labor Laws of 1920 53 Chapter 539. An Act to amend the labor law, in relation to the creation of an additional deputy commissioner in compensation cases. The People of the State of yew YorU, represented in Senate and Assembly, do enact as follows: Section 1. Section forty-one of chapter thirty-six of the laws of nineteen hundred and nine, entitled "An act relating to labor, constituting chapter thirty-one of the consolidated laws," as last amended by chapter five him- dred and ninety-five of the laws of nineteen hundred and eighteen, is hereby amended to read as follows: § 41. Deputy commissioners. The commission shall appoint and may remove a first deputy commissioner who shall be in charge of the bureau of inspection; a second deputy commissioner who shall be in charge of the workmen's compensation bureau; a third deputy commissioner who shall be in charge of the bureau of mediation and arbitration. The annual salaries of the deputies shall be as follows: first deputy, six thousand dollars; second deputy, six thousand dollars; third deputy, six thousand dollars. The com- mission shall also appoint and may remove a deputy commissioner to assist the second deputy commissioner in hearing and disposing of claims for com- pensation in death oases. He shall perform such other duties as the com- mission may prescribe and shall receive an annual salary of five thousand dollars. § 2. The sum of five thousand dollars ($5,000) is hereby appropriated for the purposes of this act. § 3. This act shall take effect July first, nineteen hundred and twenty. Approved May 5. Chapter 590. An Act to am.end the general business law, repealing article twenty-five-b' thereof, in relation to mattresses, upholstered box springs and metal bed springs, and inserting in place thereof a new article in relation to thei same. The People of the State of yew York, represented in Senate and Assembly, do enact as follows; Section 1. Article twenty-five-b of chapter twenty-five of the laws of nine- teen hundred and nine, entitled "An act relating to general business, con- stituting chapter twenty of the consolidated laws " as such article was added by chapter three hundred and sixty-nine of the laws of nineteen hundred and eighteen, and all acts amendatory thereof or supplemental thereto are hereby repealed, and in place thereof a new article is inserted in such chapter to follow article twenty-five-a, to be article twenty-five-b, to read as follows: ARTICLE XXV-B. Mattkesses, Upholstered Spring Beds and Metal Bed SpEiNOa. Section 389-m. Definitions. 389-n. Prohibition as to manufacture. 389-0. Prohibition as to sale. 389-p. Tagging when new ; idem. " second hand." 54 New Yoek State Industeial Commission Section 389^q. Tagging "remade or renovated." 389-r. Tag, how made and attached. 389-s. Removing, defacing or altering tag prohibited. 389-t. Industrial commission to enforce article. 389-v. Complaints. 389-w. Violation a misdemeanor. i 389-m. Definitions. Whenever used in this article The term ''mattress" shall include any mattress, pillow, cushion, down quilt, quilted bed mattress, mattress pad, comforter, bunk quilt or pad, or bed quilt; The term "uphoUtered spring bed" shall include any metal spring bed placed or built upon a metal or wooden frame, covered with felt or other material, and encased in a covering or ticking; The term "metal bed spring" shall include any metal bed spring, metal couch, metal folding bed, metal cot, metal cradle or metal bassinet and frames or parts thereof; and The term "second hand material" shall include any material which has been used on, for or about the person or previously used in any mattress, upholstered spring bed or metal bed spring, or shoddy which is defined as made in whole or in part of old or worn clothing, carpets, cement sacks, awn- ings, horse blankets, rags, et cetera. § 389-n. Prohibition as to manufacture. No person shall in the making, remaking or renovating of any mattress, upholstered spring bed or metal bed spring for sale, use any second hand material, which has not been thoroughly sterilized by an effective process, as follows: First method. Loose mattress materials or made up mattresses shall be subjected to treatment by steam under a pressure of fifteen pounds main- tained for thirty minutes or a pressure of twenty pounds maintained for twenty minutes. Alternate method. Two applications of streaming steam maintained for a period of one hour each to be applied at intervals of not less than six or more than twenty-four hours will be accepted as an alternate for steam under pressure for disinfection of mattress materials and made up mattresses. A gauge for registering steam pressure visible from the outside of the room shall be provided where steam under pressure is used and valved out- lets shall be provided near the bottom and also the top of the room in cases where streaming steam is employed. Second method. Mattress materials are to be treated with formaldehyde and sulphur concurrently in a modst atmosphere for a period of at least ten hours. Formaldehyde gas shall be generated from the use of one pint of formaldehyde solution thirty seven per centum to each one thousand cubic feet of air space or through the use of any of the high class commercial fiuni- gators which generate an equivalent quantity of gas. Sulphur shall be from the burning of three pounds of sulphur for each one thousand cubic feet of air space. The moist atmosphere shall be produced! by thorough sprinkling of the floor of the room with warm water just prior to undertaking disinfection. The room shall be provided with a separate air inlet and also an exhaust ventilator leading to the open air. Both inlet and exhaust connection shall be equipped with tight dampers or closure gates which can be operated from The Laboe Laws of 1920 55 the outside of the room. Rooms for disinfection of mattresses and mattress materials shall be made gas and steam tight. Shelving for loose mattress materials shall be of lattice or other open construction. Solid shelves of a type to prevent passage of gas through the materials on the shelves shall not be permitted. § 389-0. Prohibition as to sale. No person shall sell, offer for sale, deliver or consign for sale or have in his possession with like intent any mattress, upholstered spring bed or metal bed spring in the making, remaking or reno- vating of which there has been used any second hand material, which has not been thoroughly sterilized by an effective process, described above. § 389-p. Tagging when new; idem, " second hand." No person shall sell, expose for sale, deliver or consign for sale or have in his possession with like intent ; (a) Any mattress, upholstered spring bed or metal bed spring which con- tains only new material, unless there is attached thereto a white tag specifying: 1. The name and address either of the manufacturer or of the vendor or of the successive vendors, and 2. A description of the filling used and a statement that all the material used is new; or (b) Any mattress, upholstered spring bed or metal bed spring which con- tains any second hand material, unless there is attached thereto a yellow tag, bearing the words, " second hand," and specifying : 1. The name and address either of the manufacturer or vendor or successive vendors. 2. A description of the filling used, and 3. The date of sterilization of the material used and the name and address of the person, firm or corporation sterilizing it; 4. In the description of the material used upon said label or tag it shall be unlawful to use in the description of su^h material used as the filling or in the construction of any article of bedding any term or designation likely to mislead. § 389-q. Tagging " remade or renovated." Xo person shall redeliver to the owner or have in his possession with intent to so redeliver, any mattress, upholstered spring bed or metal bed spring which has been remade or reno- vated unless there is attached thereto a blue tag bearing the words " remade or renovated" and specifying: 1. The name and address of the person remaking or renovating the same, 2. The date of sterilization of the material and the name and address of the person, firm or corporation sterilizing it. § 389-r. Tag, how made and attached. Whenever a tag is required by this article it shall be made of muslin, linen or other material of like durability, legibly printed, stamped or written on one side only, in the English language and in letters at least of eighteen point Grothic face type. The tag shall be attached to an upholstered spring bed or mattress by prominently and securely sewing it on the article labeled, and upon a metal bed spring by fastening same prominently and securely with a metal seal. No tag men- tioned in this article shall be delivered by any manufacturer to any person unless the same be afiixed or attached to an article as required herein. 56 New Yoek State Iwdusteial Commission § 389-s, Removing, defacing or altering tag prohibited. No person other than a purchaser for his own use shall remove, deface or cause to be removed, defaced or altered any tag placed upon any mattress or upholstered spring bed or metal bed spring, required by this article. § 389-t. Industrial commission to enforce article. Every place where mattresses, upholstered spring beds or metal bed springs are made, remade or renovated, or materials therefor are prepared or sterilized, or where such articles or materials are sold, exposed for sale, delivered or redelivered or consigned for sale, or held in possession with like intent, shall be subject to the supervision and inspection of the industrial commission which shall have power to supervise and inspect the manufacture and sale of the articles cov- ered by this article, and seize and hold for evidence at a trial for the violation of this article, any mattress, upholstered spring bed or metal bed spring, which is sold, exposed for sale, delivered, redelivered or consigned for sale, or held in possession with like intent, and to prosecute all violations of this article. § 389-v. Cksmplaints. Any person who has reason to believe that this article has been or is being violated may present the facts to the industrial commission and it shall be the duty of the commission to investigate the same and to institute a prosecution if it finds reasonable cause to believe that there had been such violation. Any individual may institute proceedings to enforce this article and pxmish any violation thereof. § 389-w. Violation a misdemeanor. Any person who violates any provision of this article is guilty of a misdemeanor. The imit for each separate and distinct violation of this article shall be each mattress, upholstered spring bed or metal bed spring made, remade or renovated, sold or exposed for sale, delivered or consigned for sale, or possessed with like intent, contrary to the provisions of this article. § 2. This act shall take effect immediately. Approved May 10. Chapter 592. An Act to amend the civil service law, in relation to inspectors of masonry! construd:ion. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter fifteen of the laws of nineteen hundred and nine, entitled "An act in relation to the civil service of the state of New York and the civil divisions and cities thereof, constituting chapter seven of the consol- idated laws," is hereby amended by inserting therein a new section, to follow section thirty, to be section' thirty-a, to read as follows: § 30-a. Inspectors of masonry construction. Persons hereafter employed by the state of New York or by any state board or commission, or by any county, city or tovni, as inspectors of masonry construction, shall have had at least three years' practical experience in masonry construction, but shall not be required to have technical knowledge as engineers, architects or draftsmen, unless they have other duties for which such knowledge Is necessary. The provisions of this section shall apply only to persons whose principal duty is the inspection of masonry construction consisting of stone, brick or substitutes therefor. The Labor Laws of 1920 5Y i 2. The proviBions of this act shall not apply to persons now in the employ of the state of New York or of any state board or commission or any county, city or town as inspectors of masonry construction. § 3. This act shall take effect immediately. Approved May 10. Chapter 597. An Act to amend the state finance la\r, in relation to statements of desired appropriations and board for classification of salaries, and repealing sec- tions forty-eight and forty-nine relating thereto. The People of the State of New York, represented in Senate and Assemhly, do enact as follows: Section 1. Section seventeen or chapter fifty-eight of the laws of nineteen hundred and nine, entitled "An act in relation to state finance, constituting chapter fifty-six of the consolidated laws," as last amended by chapter one hundred and eighteen of the laws of nineteen hundred and sixteen, is hereby amended to read as follows: § 17 * * * [The state comptroller, the president of the state board of charities, and the fiscal supervisor of state charities shall from time to time classify into grades the officers and employees of the various charitable and reformatory institutions required by law to report to the fiscal supervisor, and in the month of September of each year recommend to the governor suet changes in the salaries or wages of such officers and employees for the ensu- ing fiscal year as may seem proper, but such changes shall not be made unless the governor shall approve the same in writing. Differences in the expense of living and rates of wages in the localities in which such institu- tions are situate may be considered. The comptroller shall have the power of audit subject to such classification.] § 2. Sections forty-eight and forty-nine of such chapter, as added by chapter one hundred and forty-nine of the laws of nineteen hundred and ten, are hereby repealed. § 3. This act shall take eff'ect immediately. Approved May 10. Chapter 601. An Act to amend the labor law, in relation to physical examination of children in factories and mercantile establishments. The People of the State of Neiv Yorlc, represented in Senate and Assembly, do enact as follows: Section 1. Section seventy-six-a of chapter thirty-six of the laws of nine- teen hundred and nine, entitled "An act relating to labor, constituting chapter thirty-one of the consolidated laws," as added by chapter two hundred of the laws of nineteen hundred and thirteen, is hereby amended to read as follows : § 76-a. Physical examination of children in factories or mercantile estab- lishments; cancellation of employment certificates. 1. All children between fourteen and sixteen years of age employed in factories or mercantile estal- Ushments shall submit to a physical examination whenever required by a medical inspector of the state [department of labor] industrial commission. 58 New -York State Industeial Commissioit The result of all such physical examinations shall be recorded on blanks furnished for that purpose by the [commissioner of labor] industrial commis- sion- and shall be kept on file in such office or offices [of the department] as the [commissioner of labor] industrial commission may designate. 2. If any child shall fail to submit to such physical examination, the [commissioner of labor] industrial commission may issue an order cancelling such child's employment certificate. Such order shall be served upon the employer of such child who shall forthwith deliver to an authorized repre- sentative of the [department of labor] industrial commission the child's employment certificate. A certified copy of the order of cancellation shall be served on the board of health or other local authority that issued the said certificate. No such child whose employment certificate has been cancelled, as aforesaid, shall, while said cancellation remains unrevoked, be permitted or suffered to work in any factory or mercantile establishment of the state before it attains the age of sixteen years. If thereafter such child shall submit to the physical examination required, the [commissioner of labor] industrial commission may issue an order revoking the cancellation of the employment certificate and may return the employment certificate to such child. Copies of the order of revocation shall be served upon the former employer of the child and the local board of health as aforesaid. 3. If as a, result of the physical examination made by a medical inspector it appears that the child is physically unfit to be employed in a factory or mercantile establishment, such medical inspector shall forthwith submit a report to that efi'ect to the [commissioner of labor] industrial commission which shall be kept on file in the office of the [commissioner of labor] indus- trial commission setting forth in detail his reasons therefor, and the [commis- sioner of labor] industrial commission may issue an order cancelling the employment certificate of such child. Such order of cancellation shall be served, and the child's employment certificate delivered up, as provided in subdivision two hereof, and no such child while the said order of cancellation remains unrevoked shall be permitted or suffered to work in any factory or mercantile establishment of the state before it attains the age of sixteen years. If upon a subsequent physical examination of the child by a medical inspector of the [department of labor] industrial commission it appears that the physical infirmities have been removed, such medical inspector shall certify to that effect to the [commissioner of labor] industrial commission and the [commissioner of labor] industrial commission may thereupon make an order revoking the cancellation of the employment certificate and may return the certificate to such child. The order of revocation shall be served in the manner provided in subdivision two hereof. § 2. This act shall take effect July first, nineteen hundred and twenty. Approved May 10. Chapter 602. An Act to amend the labor law, in relation to the powers and duties of the industrial board. The People the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section fifty-two-a of chapter thirty-six of the laws of nineteen hundred and nine, entitled "An act relating to labor, constituting chapter The Labor Laws of 1920 59 thirty-one of the consolidated laws," as added by chapter seven hundred and nineteen of the laws of nineteen hundred and fifteen, is hereby renxunbered section flfty-two-d, and as thus renumbered, is hereby amended to read as follows : § 52-d. Variations. If there shall be practical difficulties or unnecessary hardship in carrying out any provision of this chapter, or rule or regulation adopted by the industrial [board] commission thereunder, affecting the con- struction or alteration of buildings, exits therefrom, the installation of fix- tures and apparatus, or the safe-guarding of machinery and prevention of accidents, the industrial [board! commission shall have power to make a variation from such requirements if the spirit of the provision or rule or regulation shall be observed and public safety secured. Any person affected by such provision or rule or regulation, or his agent, may petition the board for such variation stating the grounds therefor. The [board] commissio^n shall fix a day within a reasonable time for a hearing on such petition and give notice thereof to the petitioner who may appear in person or by agent or attorney. If the [board] commission shall permit such variation it shall be in the form of a resolution and such variation shall apply to all buildings, installations or conditions where the facts are substantially the same as those stated in the petition. At least three affirmative votes shall be neces- sary for the adoption of any such resolution. Such resolution shall contain a description of the conditions under which such variations shall be per- mitted and shall be published [in the manner provided for rules and regula- tions of the board] in the hulletim of the department. Where the variation affects premises or conditions im, the city of New York it shall also he pub- lished in the City Record of New York city. A record of all such varia- tions shall be kept in the office of the industrial [board] commission and shall be properly indexed under section numbers of the law or industrial code to which each variation applies, and shall be open to public inspection during business hours. § 2. Section fifty-two-d of such chapter, as added by chapter six hundred and seventy-four of the laws of nineteen hundred and fifteen, is hereby repealed. § 3. This act shall take effect immediately. Approved May 10. Chapter 603. An Act to amend the labor law, in relation to physical examination of employees. The People the 'State of New York, represented in, Senate and Assembly, do enact as follows: Section 1. Section twenty-two of chapter thirty-six of the laws of nineteen hundred and nine, entitled "An act relating to labor, constituting chapter thirty-one of the consolidated laws," as added by chapter three hundred and twenty of the laws of nineteen hundred and thirteen, and renumbered section twenty-three by chapter five hundred and forty-five of the laws of nineteen hundred and nineteen, is hereby amended to read as follows: § 23. Physical examination of employees. 1. Whenever an employer shall require a physical examination by a physician or a surgeon as a condition 60 New Yoek State Iitoustkial Commission , of employment, or an annual or periodical eaoammation or an examination for physical disaiility or for leave of absence, or on account of illness or supposed illness, or for any other coMse whatsoever, the party to be examined, if a female, shall be entitled to have such examination before a *physician or surgeon of her own sex or, in Ueu thereof, before a male physician or surgeon if a female attendant shall be present. 2. Whenever wn as the "normal contribution," and an additional percentage of his eamable com- pensation to be known as the "defieiraicy contribution." The rates per centum ai such contributions shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuations. Until • the first valuation, the normal contribution shall be one and fifteen one-hundredths per centum and the deficiency contribution shall be two and thirty-seven one-hundredths per centum of the salaries of all members. (b) On the basis of regular interest and of such mortality and other tables as shall be adopted by the comptroller, the actuary engaged by him to make each valuation required by this article during the period over which the deficiency contribution is payable, imaDorediately after making such valua- ticm, shall determine the uniform and eonstaait p«^eentage of the eamable eempensation of the average new entrant, which if contributed on the basis of his compraisaftioii throughout his entire period of active service would be suflEicient to provide at the time of his retirement the total amount of his pension reserve. The rate per centum so determined shall be known as the " normal contribution " rate. After the defidieDey contribution has ceased to be payable, the normal contribution shall be the rate per caatiim of the eamable salary of all contributors obtained by dieducting from the total liabilities of the pension fund the amount of the funds in hand to the credit of that fnnd and dividing the remainder by ome per centum of the present value of the prospective future salaries of all contributors as computed on the basis of the mortality and service tables adopted by the comptroller and The Laboe Laws of 1920 T7 on the basis of regular interest. The nortnal rate uty of the industrial oommisaion. The industrial commission shall : 1. Keport to the department of education all reports made to it of cases of injuries received by employees which may result in remdering the person, in the judgment of the industrial commission, in need of rehabilitation. 2. Oo-operate with the department of education in carrying out this article. § 1206. Duty of department of health. The diepartoient of health shall: 1. Arrange with all public* private hospitals, clinics, aad dispensarieB and with practicing physicians to send to the department of edncaftion prompt and complete reports of any persons under treatment in swA hospitals, clinics, or dispensaries, or by such physdcians, for any injury or disease that may render them physically handicapped. 2. Arrange with health officers to send to the department of education prompt and complete reports to any persons who in the course of their • So in original ; no connective. The Laboe Laws of 1920 86 official duties «.ey find to be suffering from any injury or disease that may render them physically handicapped, if such persons have not already been reported. 3. Make physical examinations of any persons applying for or reported as needing rehabilitation, except persons reported by the indmstrial com- mission. § 1207. Application for rehabilitation. Any physically handicapped per- son residing within the state may apply to the department of edBcation for advice and assistance regarding his rehabilitation. § 1208. Duty of the department of education. It shall be the duty of the department of education: 1. To provide that all persons reported to it or making application to it as physically handicapped shall be promptly visited by its representative who shall report upon their condition to the department, which shall then determine whether the person is susceptible of rehabilitation. Any person found susceptible shall be acquainted with the rehabilitation facilities offered by the state and the benefits of entering upon remunerative work at an early date. Any person who Aooses to take advantage of the rehabilitation facilities shall be registered with the department and a, record kept of every such person and the measures taken for his rehabilitation. The education department shall proffer to any such person counsel regarding the selection of a suitable vocation and an appropriate course of training, and shall initiate definite plans for beginning rehabilitation as soon as the i^yslcal condition of i^He person permits. 2. To arrange for special training courses in the public schools in the state, in selected occupations for physically handicapped persons. 3. To arrange with any private or commercial educational institution for training courses in selected occupations for physically handicapped persons. 4. To arrange with any public or private establishment or any employer for training courses in selected occupations of physically handicapped persons. 5. To arrange for social service for the visiting of physically liandicapped persons and of their families in their homes during the period of treatment and training and after its completion, to give advice regarding any matter that may affect rehabilitation. 6. To aid physically handicapped persons in securing such employment as will facilitate their training or will be suitable to their condition. 7. To procure and furnish at cost to physically handicapped persons arti- ficial limbs and other orthopedic and prosthetic appliances, to be paid for in installments, when such appliances cannot be otherwise provided. The pro- ceeds of the sale thereof shall be paid to the treasurer of the state and shall be held by him in a special fund for the purposes of this subdivision. Pay- ments from this fund shall be made at the direction of the commissioner of education. 8. To make surveys with the co-operation of the industrial commission and the department of health, to ascertain the number and conditions of physically handicapped persons within the state. ■ 9. To make such studies as may be helpful for the operation of this act. 10. To co-operate with any department of the government of the state of New York or with any county or other municipal authorities within the state or with any private agency, in the operation of this act. 86 New Yoek State Indtjsteial Commission § 1209. Gifts and donations. The department is authorized to receive gifts and donations for the purpose of this article which may be offered unconditionally. All money received as gifts or donations shall be paid to the state treasurer and shall constitute a special fund to be used under the direction of the department for the purpose of this act. A full report of all such gifts and dcmations, together with the names of the donors, the amounts contributed by each and all disbursements therefrom shall be sub- mitted annually to the legislature as part of the report of the department. § 1210.. Acceptance of law of the United States. The state of New York, through its legislative authority: 1. Accepts the provisions of any law of the United States making appro- priation to be apportioned among the states for vocational rehabilitation of disabled persons; 2. Empowers and directs the board of regents of the university, hereby designated the New York state board for vocational education, to co-operate with such agency as the federal government shall designate to carry out the purposes of such law; 3. Appoints the state treasurer as custodian of all money given to the state by the United States under the authority of such law, and such money shall be paid out in the manner provided by such act for the purposes therein specified; 4. Authorizes the board of regents of the university as the state board for vocational education and the industrial commission to formulate a plan of co-operatibn in accordance with this act, which shall be effective when approved by the governor of the state. § 3. The sum of seventy-flve thousand dollars ($75,000) is hereby appro- priated to the department of education for the purposes of this act, which shall be in addition to any moneys allotted to the state for a similar pur- pose by the government of the United States. The appropriations may be used for the payment of salaries, reasonable traveling and other expenses, including purchase of necessary oflSce furniture and stationery and tuition fees; books and supplies and traveling expenses of persons receiving training. § 4. Article forty-seven of the education law, as renumbered by chapters four hundred and twenty-four and six hundred and seventy-six of the laws of nineteen hundred and thirteen, is hereby renumbered article forty-eight and sections twelve hundred, twelve hundred and one and twelve hundred and two, are hereby renumbered twelve hundred and fifty, twelve hundred and fifty-one and twelve hundred and fifty-two, respectively. § 5. This act shall take effect immediately. Approved May 13. Chapter 794. An Act to amend the state charities law, in relation to retirement of, employees of state charitable institutions. The People of the State of 'New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter fifty-seven of the laws of nineteen hundred and nine, entitled "An act relating to state charities, constituting chapter fifty-five of the consolidated laws," is hereby amended by inserting therein at the end The Labor Laws of 1920 87 of article twentjirtwo a new section to be section four hundred and sixty, to read as follows: § 460. When teachers, attendants, assistants and employees of state chari- table institutions may be retired. A teacher, attendant, assistant or other employee in a state charitable institution, who shall have served a term of employment of twenty-five years in such institution or in one or more of such institutions, and which employment was either in one consecutive term or In two or more terms in state charitable institutions which shall together amount to a total period of employment of twenty-live years, except such period that such employee is absent from duty on leave of absence for sick- ness or other disability, may, if unable to perform his or her regular duties in a manner satisfactory to the superintendent or other head of such state charitable institution, be retired as hereinafter provided at one-half the salary paid to such teacher, attendant, assistant or employee for the year immedi- ately preceding such retirement, except that the minimum amount of such payment or allowance shall not be less than three hundred dollars per annum. Any such teacher, attendant, assistant or employee, who shall have reached the age of seventy years, who shall have served a term of employment in a state charitable institution of not less than fifteen years, may, if unable to perform his or her regular duties in a manner satisfactory to the super- intendent or other head of such institution in which he or she is employed, be retired as hereinafter provided, and be paid such proportion of one-half of the salary paid to him or her, as the case may be, for the year immediately preceding such retirement, as the number of years served bears to the full term of twenty-five 'years. Such payment shall in no case be less than three hundred dollars per annum nor more than one thousand dollars per annum, except in the case of an employee who has been employed in such charitable institution for only fifteen years, in which event his or her payment shall be determined by the method hereinbefore provided; and such payment shall be payable out of moneys appropriated by the state for the salary of such teacher, attendant, assistant or employee and shall not be revoked, diminished or subject to the claims of creditors of such teacher, attendant, assistant or employee. Such teacher, attendant, assistant or employee may be retired, when such action shall be in the interest of the state, in the following manner: A teacher, attendant, assistant or other employee shall be retired in a proper case as above provided, upon his or her application therefor, by the board of managers or trustees of such state institution in which he or she is employed, on the recommendation of the superintendent or other head of such institution. Such payment or annuity shall become effective and pay- able to such teacher, attendant, assistant or employee from the first of the month immediately subsequent to the date of the meeting of the board of managers of such charitable institution taking action on the same and shall be payable for the natural life of such teacher, attendant, assistant or employee in quarterly instalments. Within the meaning of this section, a teacher, attendant, assistant or employee means any person employed in a state charitable institution as the same is defined in section two of this chapter. § 2. This act shall take effect Immediately. Approved Mlay 17. 88 'New Yoek State IiroTrsTKiAi, OoMMissioisr Chapter 797. • Au Act to amend the insanity law, in relation to salaries and wages of officers and employees in state hospitals. The People of the State of New Yor%, represented in Senate and Assembly, do enact as follows: Section 1. Section forty-nine of chapter thirty-two of the laws of nineteen himdred and two, entitled "An act in relation to the insane, constituting chapter twenty-seven of the consolidated laws," as last amended by chapter fonr hundred and sixty-eight of the laws of nineteen hundred and fifteen, is hereby amended to read as follows: § 49. Salaries of officers and wa,ges of employees. The state hospital com- mission, from time to timeC, with the approval in writing of the governor, secretary of state and comptroller,] shall fix subject to the approval of the legislature, tlie annual salaries of the resident officers of the state hospitals, which shall be uniform for like service. They shall classify the other officers and employees into grades, and, except as provided by section fifty of this chapter, shall determine, subject to the approval of the legislature, the sala- ries and wages to be paid in each grade, which shall be uniform in all the hospitals. » * * § 2. This act shall take effect immediately. Approved May 17. Chapter 805. An Act to amend the civil rights law, in relation to light of appeaL The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Article two of chapter fourteen of the laws of nineteen hundred and nine, entitled "An act relating to civil rights, constituting chapter six of the consolidated laws," is hereby amended by adding at the end a new section, to be section fifteen, to read as follows: § 15. Eight of appeal not to be denied. Notwithstanding the provisions of any general or special law to the contrary, a citizen shall not be deprived of the right to appeal to the legislature, or to any public officer, board, commission or other public body, for the redress of grievances, on account of employment in the civil service of the state or any of its civil divisions or cities. § 2. This act shall take effect immediately. Approved May 17. Chapter 836. An Act to amend the civil service law, in relation to the suspension and reinstatement of employees. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter fifteen of the laws of nineteen hundred and nine, entitled "Aa act in relation to the civil service of the state of New York, and the civil divisions and cities thereof, constituting chapter seven of the consolidated The Laboe Laws of 1920 89 laws," ia hereby amended by adding thereto, aiter section twenty-two, a, new section, to be section twenty-two-a, to read as follows: § 22-a. Whenever a position in the competitive class or qualified grades in the civil service of the state or any civil division or city thereof is abol- ished or made unnecessary, the person holding sudh position shall be deemed to be suspended without pay. Such suspension shall be made in the inverse order of their original appointment in the service and such person so sus- pended ahall be entitled to reinstatement in that or ajiy corresponding or similar position if within two years thereafter there is need for his serv- ices. It shall be the duty of the departinent or office in which such position has existed to furnish the names of all persons so suspended to the state civil service commission, or if the position is in the service of the city, to. the municipal civil service commisaion of the said city, with a statement in the case of each of the date of his original appointment in the service, the nature of his work and his compensation and the cause of his suspension. It shall be the duty of the state civil service commission, or if the person or persons affected have been in the service of a city, of the municipal civil service commission of the said city, forthwith to place the names of said person or persons on a list of suspended employees, and for two years thereafter to , and for October, 1916, December, 1917, January, W 19, and January, 1920 are Out of print. , ■ ^he Laior MarTcet. In October, . 1915, was begun th«; publication of a monthly Labor Market Bulletin, containing statistics compiled from returns of representative manufacturers and city building depjtrtmenls. The first issue Contained figures for June to December, 1915. The issues for October, 1915, to April, 19'16, and for Aiigust, October and ifovember^ 1919, are out of print. No. 68. No. 69. No"; 59. N«. 60; No;- -61. No. 62. No.' 63. No. tl: No. No> 66. No. 67. No. 6g. 'ito. i69. No. 70. NO. -71 No. 72. No.. 73. N«; 74. No. 75. No, 76. No. 77. No. 78. No, 79. No. 80. No. 81. No. :82. No. '83. No. ,84, No. 85. No. 86. No! •87. No. ,88. No. 1^: No. NJj. 91. No. >92. No. 83. No. 94. No. 95. N6<»6. No, 97. No, ,98. No. 99. If Iff