I vp"'' FROM THE UNITED STATES GOVERNMENT THROUGH THE SUPERINTENDENT OF DOCUMENTS Jj:t%f5-lt.. 0-^1^4-6 f^.. §506 Rev. Stat, prohibits the withdrawal of this book for home use. \^0EC:.14!P' COMMERCE AND LABOR tVU OF LABOR LAWS RELATING TO THE EMPLOYMENT OF WOMEN AND CHILDREN IN THE UNITED STATES JULY, 1907 WASHINGTON GOVBKNMENT FEINTING OFFICE 1907 foETll,^-?^' THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY DEPARTMENT OF COMMERCE AND LABOR U,S. — BUREAU OF LABOR LAWS RELATING TO THE EMPLOYMENT OF WOMEN AND CHILDREN IN THE UNITED STATES JULY, 1907 WASHINGTON GOVERNMENT PRINTING OFFICE 1907 3 A'~2,T.05^/ OONTEI^TS. Page. j/aws relatinu to the employment of women and children in the United States 5-145 Alabama 6, 7 Arizona 1 7, 8 Arkansas 8, 9 California 9-13 Colorado 13-17 Connecticut 17-19 Delaware 19-23 District of Alaska 23 District of Columbia 23-25 ' Florida 25 Georgia 26-28 Hawaii 28 Idaho 28-30 Illinois 30-35 Indiana 36-89 Iowa 39-41 Kansas 41, 42 Kentucky 42^5 Louisiana' 45^7 Maine 47-49 Maryland 49-56 Massachusetts 56-66 Michigan 66-69 Minnesota 69-71 Mississippi 71, 72 Missouri 72-76 Montana 76-79 Nebraska 79, 80 Nevada 80 New Hampshire 80-83 New Jersey 83-87 New Mexico 87 New York 87-98 North Carolina 99-101 North Dakota 101, 102 Ohio 102-107 Oklahoma 107, 108 Oregon 108-111 Pennsylvania 111-120 Porto Rico 120, 121 Rhode Island 121-124 South Carolina 124-126 South Dakota 126-128 Tenpessee 128, 129 Texas 129 Utah 130 Vermont 130, 131 Virginia 132, 133 Washington 133-136 West Virginia 136-138 Wisconsin Pr-operty-of 138-144 Wyoming ^,,_.^r-„->.— 1**. 145 United States .M5KrtKP.-CAI-WERWOOD-LIBRA^ NEW yORK STATE SCHOOL INDUSTRIAL ANO LABOR RELATIONS Cornell University 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/cu31924000605588 LAWS RELATING TO THE EMPLOYMENT OF WOMEN AND CHILDREN IN THE UNITED STATES. At its last session the Fifty-ninth Congress provided for an investi- gation of the subject of woman and child labor, which is to be conducted by the Bureau of Labor, and this collection of laws has been prepared for the information and assistance of the experts and special agents engaged on that work. All legislation of the year 1906 has been examined, together with the session laws of fifteen of the jurisdictions whose legislative bodies meet in 1907. The laws of nearly thirty States apd Territories having legislative sessions this year are not available at the date of issue of this compilation. As the work is desired for immediate use, however, the publication of such statutes as may have been enacted for the States whose laws are not at hand must of necessity be deferred until the statutes are available. Decisions by the higher State courts as to the construction and application of the laws here presented are not numerous, partly because of the comparatively recent date of their enactment, and partly, perhaps, on account of the methods of enforcement that are prescribed in many instances. The constitutionality of statutes regu- lating child labor is generally admitted, though with reference to those affecting the employment of adult females there has been greater diversity of opinion. Such opinions of the higher courts as have come to the knowledge of this office have been examined, and brief statements of the points determined are appended to the acts or sections which were the subjects of judicial consideration. . In a few instances laws apparently superseded by later enactments have been omitted, even though they appeared in the volumes con- sulted in preparing this compilation. 5 6 WOMAN AND CHILD LABOR LAWS — ALABAMA. ALABAMA. CODE OF 1897. Civil Code. Earnings of married iromen. Earnings SECTION 2521. Tlie earnings of the wife arc hef separate prop- separate prop- .^ . « 4, « erty. ^ ' ^-^ ' Employment of iromen and chihlreii in mifuH. Employment Section 2933. No woman, nor any boy under tlie age of twelve prohibited. years, shall be employed to work or labor in or aliout any mine in "this State. Seats for female employees. Seats to be SECTION 5512. Any person, owning or controlling a store or shop provided. in which any female is employed as a clerk or saleswoman, who fails to provide such female with proper accommodations for sit- ting and resting when not actively engaged in the work of her em- ployment, or who fails to permit her to do so when not so engaged, must, on conviction, be fined not less than ten dollars. ACTS OP 1903. Act No. 57. — Employment of children. (Page 68.) Age limit. Certificate. Section 1. No child under the age of twelve (12) years shall be employed in or about any factory or manufacturing establishment within this State unless a widowed mother or aged or disabled father is dependent upon the labor of such child, or in ease a child is an orphan and has no other means of support. No child under the age of ten (10) years shall be so employed under any circumstances. Sec. 2. It shall be unlawful for any factory or manufacturing establishment to hire or to employ any child unless there is first provided and placed on file in the office of such employer an afii- davit signed by the parent or guardian or person standing [in] parental relation thereto, certifying the age and date of birth of said child; any person knowingly furnishing a false certificate of the age of such child shall be deemed guilty of a misdemeanor, and shall be brought befoi'e some justice of the peace or other court or officer having jurisdiction for trial, and upon conviction shall be punished by a fine of not less than five nor more than one hundred dollars, or be sentenced to hard labor for a term not ex- ceeding three months. Sec. 3. No child under the age of thirteen (13) years shall be employed at labor or detained in any factory or manufacturing establishment in this State between the hours of 7 p. m. and 6 ai m. standard time, and no child under the age of sixteen (16) years shall be so employed or detained between said hours for more than Hours of la- forty-eight hours in any one week ; and no child under the age of °'' twelve shall be employed or detained in any factory or manufac- turing establishment for more than sixty-six (66) hours in any one week. Sec 4. Any person, persons or corporation or representative of such corporation who violates any of the provisions of this act. or who willfully or knowingly suffers or permits any child to be employed in viola-tion of its provisions, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than ($200) two hundred dollars. Night work. Penalty. WOMAK Al^D CHILD LABOR LAWS ALABAMA. 7 Act No. 229. — Children, laboring to support parents in idleness. (Page 244.) Section i. * * * Any person who is able to work, and who Hiring out does not work but hires out his minor children and lives upon™'°°'' cnllaren. their wages ; * * * is hereby declared to be a vagrant and must on conviction be fined not more than five hundred ($500) dol- lars aud may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months : Provided, Proviso. That it shall be a sufficient defense to the charge of vagrancy under any of the provisions of this act that the defendant has made bona fide efforts to obtain employment at reasonable prices for his labor, and has failed to obtain the same. The provisions of this act shall not apply to persons who are idle under strike orders or lockouts. ARIZONA. REVISED STATUTES OF 1901. Employment of children — School attendance. Paeagraph 2231 (as amended by chapter 67, Acts of 1907). No Employment child under the age of fourteen years shall be employed by any per- hour^f ^"^ °° son, persons, company or corporation during the school hours of any school day of the school term of the public school in the school district where such child resides, unless such child has been ex- cused from attendance on instruction, as provided in this section. Every such employer shall require proof that such child has been excused from such attendance, and shall keep a record of such proof, which shall be open to the inspection of any peace ofiicer or school trustee of the district. Any employer employing any child contrary to the provisions of this section shall be deemed guilty of a misdemeanor, and liable to a fine of not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars, to be placed to the credit of the school fund of the district. Every parent, guardian, or other person in the Territory of Arizona, hav- ing control of any child between the ages of eight and fourteen years (or of any child of the age of fourteen and under the age of te^ance° sixteen, who is unable to read and write in the English language), shall be required to send such child to a public school or private school taught by a competent instructor for a period of six schools [sic] months of which twenty school weeks shall be consecutive, in each school year, said child to begin attendance on school within two weeks after the opening of school for the admission of pupils : Provided, That such parent, guardian or other person having con- Proviso, trol of such child shall be excused from such duty by the board of trustees of the district whenever it shall be shown to its satisfac- tion that one of the following reasons exist [sic] therefor : 1. That such child is taught at home by a competent instructor in the branches taught in the primary and grammar schools of the Territory. 2. That such child has already completed the grammar school course prescribed by the Territorial board of education. 3. That such child is in such physical or mental condition (as declared by a competent physician, if required by the board) to render such attendance inexpedient or impracticable. 4. That circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm, or other sufiicient cause, shall work an exemption from the penalties of this act. ACTS OF 1907. Chapter 13. — Employment of icom.en and minors in saloons. Section 1. It shall be unlawful for the owner of any saloon '?,'SBl°^™®''* within the Territory of Arizona to permit any woman or minor, P''o°'''"8o- either for hire or otherwise, to sing, to recite, to dance, to play WOMAN AND CHILD LABOR LAWS — ARIZONA. on any musical instrument, to give any ttieatrical or otlier exliibi- tion, to drinli, serve drinks or any otlier form of refreshment or viands, or to solicit for the purchase of [or] sale thereof ; to engage in, or to take part in, any game of chance or amusement, or to loiter in any saloon or in any room or apartment, except the lobby of a legitimate hotel, opening from or into any saloon withm the Territory of Arizona. j, ^.v,- Penalty. Sec. 2. Any person who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than three hundred dollars, or by imprisonment in the county jail for not less than thirty days or more than one hundred and eighty days, or by both such fine and imprisonment in the dis- cretion of the court. ARKANSAS. DIGEST OF 1904. Employment of children. Age limit. Section 1947. No child under the age of twelve years shall be employed in or about any factory or manufacturing establishment within this State, unless a widowed mother or totally disabled father is dependent upon the labor of such child, or in ease a child is an orphan and has no other means of support. No child under the age of ten years shall be so employed under any circumstances. Certlflcate. Sec. 1948. It shall be unlawful for any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the oflSce of such employer ^n aflBdavit signed by the parent or guardian or person standing in parental relation thereto, certifying the age and date of birth of said child ; any person knowingly furnishing a false certificate of the age of such child shall be deemed guilty of perjury and upon conviction thereof shall be punished as provided by law in all cases of perjury. Sec. 1949. No child under the age of fourteen shall be employed at labor or detained in any factory or manufacturing establishment in this State between the hours of 7 p. m. and 6 a. m. or for more than sixty hours in any one week or more than ten hours in any one day. Sec 1950. No child under the age of fourteen shall be employed at labor in or about any factory or manufacturing establishment unless he or she can read and write his or her name and simple sentences in the English language. Sec 1951. No child under the age of fourteen years shall be em- ployed at labor in or about any factory or establishment, unless such child attends school for at least twelve weeks of each year — six weeks of said schooling to be consecutive — the year to be counted from the last birthday of the child preceding such employ- ment ; and at the end of every year a certificate to the effect that the law has been complied with, signed by the teacher of the school or schools attended by the child during said year must be produced by the parent or person standing in parental relation to said child, and filed by the employer of said child. All such cer- tificates shall be open to public inspection. Penalty. Sec 1952. Any person, persons, corporation or representative of such corporation who violates any of the provisions of this act, or who suffers or permits any child to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on con- viction thereof shall be punished l>y a fine of not more than five hundred dollars. Night work. Hours of la- bor. Illiterates. School at tendance. Earnings of married ironien. Earnings Section 5214. The property, both re:>l and personal, which any separate prop- carried woman * * * has acquired by her ti-ade, business. labor or services carried on or performed on her sole or separate WOMAN AND CHILD LABOE LAWS ARKANSAS. 9 account * * * and the rents, issues and proceeds of all such property shall, notwithstanding her marriage, be and remain her sole and separate property, and may be used, collected and invested by her, in her own name, and shall not be subject to the interfer- ence or control of her husband or liable for his debts, except such debts as may have been contracted for the support of herself or her children by her as his agent. Employment of tromen and children in mines. Section 5343. No person under the age of fourteen years, or Employment female of any ape, shall be permitted to enter any mine to work prohibited, therein ; nor shall any boy under the age of sixteen years, unless he can read and write, be allowed to work in any mine, and no owner, agent or operator of any mine operated by a shaft or slope shall place in charge on any engine whereby men are lowered into or hoisted out of the mines, any "but an experienced, compe- tent and sober person, not under eighteen years of age. * * * CALirORNIA. • CONSTITUTION. Article 20. — Sex -no disqualification for employment. Section 18. No person shall, on account of sex, be disqualified Sex not a bar. from entering upon or pursuing any lawful business, vocation, or profession. DEERING'S CODES AND STATUTES— 1885. Vol. II. — Civil Code. Earnings of minors. Section 212. The wages of a minor employed in service may be Wages paid paid to him until the parent or guardian entitled thereto gives ™ ^°'' ^"^'^■ the employer notice that he claims such wages. Vol. IV. — Penal Code. Certain employments of children forbidden. Section 272 (as amended by chapter 158, Acts of 1901, and chap- Mendicant, ter 568, Acts of 1905). Any person, whether as parent, relative, ^^™^|^\^'jj **"=•' guardian, employer, or otherwise, having the care, custody, or control of any child under the age of sixteen years, who exhibits, uses, or employs, or in any manner, or under any pretense, sells, apprentices, gives away, lets out, or disposes of any such child to any person, under any name, title, or pretense, for or in any busi- ness, exhibition, or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupa- tion, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gym- nast, acrobat, contortionist, or rider, in any place whatsoever, or for or in any obscene, indecent or immoral purposes, exhibition, or practice whatsoever, or for or in any mendicant or wandering business whatsoever, or who causes, procures, or encourages such child to engage therein is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Nothing in this section contained applies to or affects the employ- ment or use of any such child, as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music ; or the employment of any child as a musician at any concert or other musical entertainment, on the Hiring, etc. Sending messengers. 10 WOMAN AND CHILD LABOR LAWS — CALIFORNIA. written consent of the mayor of the city or president of the board of trustees of the city or town where such concert or entprtainment takes 'place. This section is constitutional. 86 Pac. Rep. 809. Sec. 273 (added by chapter 158, Acts of 1901, and chapter 568, Acts of 1905). Every person who talces, receives, hires, employs, uses, exhibits, or has in custody, any child under the age, and for any of the purposes mentioned in the preceding section, is guilty of a like offense, and punishable by a like punishment as therein DrovidGd Sec. 273e (added by chapter 158, Acts of 1901, and chapter 568, Acts of 1905). Every telephone, special-delivery company or asso- ciation, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, cor- poration, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor. Sec. 273f (added by chapter 294, Acts of 1907). Any person whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon, gambling house, house of prostitution, or other immoral place, any minor under the age of eighteen years, is guilty of a misdemeanor. SUPPLEMENT OF 1889. Seats for- female employeesi. (Page 554. Act of February 6, 1889.) Same sub ject. Seats to be SECTION 5 (as amended by chapter 12, Acts of 1903). Every per- provlded. Penalty. Enforce- ment. son, firm, or corporation employing females in any manufacturing, mechanical, or mercantile establishment shall provide suitable seats for the use of the females so employed, and shall provide such seats' to the number of at least one-third the number of females so employed; and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Sec. 6. Any person or corporation violating any of the provisions of this act shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offense. Sec 7. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act. ACTS OF 1905. Chapter 18. — Employment of chiUlren. Hours of la ')or. Night work. Section 1. No minor under the age of eighteen shall be em- ployed in laboring in any manufacturing, mechanical, or mercan- tile establishment, or other place of labor, more than nine hours in one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose. of making a shorter day's work for one day of the week ; and in no case shall the hours of labor exceed fifty- four hours in a week. Sec. 2 (as amended by chapter 524, Acts of 1907). No minor under the age of sixteen years shall be employed or permitted to work in any mercantile institution, ofiice, laundry, manufactur- ing establishment, or workshop between the hours of ten o'clock in the evening and six o'clock in the morning. WOMAN AND CHILD LABOJR LAW8 — OALlPORNtA. 11 No child under fourteen years of age shall be employed In any Age limit mercantile institution, office, laundry, manufacturing establish- ment, workshop, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages. Provided, That the judge of the juvenile court of the county, or rroviso. city and county, or in any county or city and county in which there is no juvenile court, then any judge of the superior court of the county or city and county in which such child resides, shall have authority to issue a permit to work to any child over the Permits, age of twelve years, upon a sworn statement being made to him by the parent of such child that such child is past the age of twelve years, that the parents or parent of such child are in- capacitated for labor, through illness, and after investigation by a probation officer or truant officer of the city, or city and county, in which such child resides, or in cities and counties where there are no probation or truant officers, then by such other competent persons as the judge may designate for this purpose. The permit so issued shall specify the kind of labor and the time for which it is issued, and shall in no case be issued for a longer period than shall seem necessary to the judge issuing such permit. Such permit shall be kept on file by the person, firm or corporation em- ploying the child therein designated, during the term of said em- ployment, and shall be given up to said child upon his quitting such employment. Such certificate shall be always open to the inspection of the truant and probation officers of the city and county, city or county, in which the place of employment is situated or of the officers of the State bureau of labor statistics : And provided, That the attendance officer of any county, city ^**^°^^'J<'^ and county, or school district in which any place of employ- vestlgate. ^ " ment, in this section named, is situated, shall have the right and authority at all times to enter into any such place of employ- ment for the purpose of investigating violations of the provisions of this act, * * * Provided however, That if such attendance officer Is denied entrance to such place of employment, any magis- trate may, upon the filing of an affidavit by such attendance officer setting forth the fact that he has good cause to believe that the provisions of this act, * * * are being violated in such place of employment, issue an order directing such attend- ance officer to enter said place of employment for the purpose of making such investigations ; And provided, That any such child, over the age of twelve years, Vacation may be employed at any of the occupations mentioned in this act Permits, during the regular vacation of the public schools of the city, county, or city and county in which the place of employment is situated, upon the production of a permit signed by the principal of the school which such child has attended during the term next preceding any such vacation. Such permit shall contain the name and age of the child to whom it is issued, and the date of the termination of the vacation for which it is Issued, and shall be kept on file by the employer during the period of employ- ment, and at the termination of such employment shall be returned to the child to whom it was Issued. No minor who is under sixteen years of age shall be employed Illiterates, or permitted to work at any gainful occupation during the hours that the public schools of the city, town or school district in which his place of employment is situated are in session, unless he or she can read English at sight and can write legibly and correctly simple English sentences, or unless he or she is a regular attendant for the then current term at a regularly conducted night school. A certificate of the ' principal of such school shall be held to be sufficient evidence of such attendance. Sec. 3. Every person, firm, or corporation employing minors List to be under eighteen years of age, in any manufacturing establishment, posted, shall post, and keep posted, in a conspicuous place in every room where such help is employed, a written or printed notice stating the number of hours per day for each day of the week required of such persons. , 12 WOMAN AND CHILD LABOR LAWS CALIFORNIA. Every, person, firm, corporation, agent or officer of a firm or corporation employing or permitting minors under sixteen years and over fourteen years of age to work in any mercantile in^itu- tlon, office, laundry, manufacturing establishment, workshop, res- taurant, hotel, apartment house, or in the distribution or trans- mission of merchandise or messages, shall keep a record of the names, ages, and places of residence of such minors, and shall have on file a certificate of age and schooling, as provided In this act, for every such minor so employed, said record and certificate to be open at all times to the inspection of those whose duty it is to enforce the provisions pt the act. Age and An age and schooling certificate shall be approved only by the schooling cer- superintendent of schools of the city or city and county, or by a tmcates. person authorized by him, in writing, or where there is no city or city and county superintendent of schools, by a person authorized by'the local school trustees: Proi-ided, That the superintendent or principal of any school of recognized standing shall have the right to approve an age and schooling certificate, and shall have the same rights and powers as the superintendent of public schools to issue the certificate herein provided, for children attending such schools. The persons authorized to issue age and schooling cer- tificates shall have the authority to administer the oaths necessary for carrying out the provisions of this act, but no fee shall be charged for issuing such certificates. An age and schooling certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of Tjirth or baptism of such child, the public register of birth of such child, or in some other manner, that such child is of the age stated in the certificate. A duplicate copy of each age and schooling certificate granted under the provisions of this act shall be kept by the person issuing such certificate, such copy to be filed with the county superintend- ent of schools in the count}' where the certificate was issued : Pro- vided, That all such copies of certificates issued between June 25th and December 2.jth of any year shall be filed not later than Decem- ber 31st of such year, and those issued between December 25th and June 2.'th of the ensuing year shall be filed not later than June 30th of each year. Such certificates shall be substantially in the following form, to wit : AGE AND SCHOOLING CEKTIFICATE. This certifies that I am the (father, mother, or guardian) of (name of child), and that (he or she) was born at (name of town or city). In the county of (name of county) (if known) and State (or country) of (name), on the (day and year of birth), and is now (number of years and of months) old. (Signature as provided in this act.) (Town or city, and date.) There personally apiieared before me the above-named (name of person signing) and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing certificate of (name of child) height (feet and inches), complexion (fair or dark), hair (color), having no sufficient reason to doubt that (he or she) is of the age therein certified, and I hereby certify that (he or she) cau or can not rea4 English at sight, and can or can not write legibly simple sentences in the English language. (Signature of the person authorized to sign, with his official character and authority.) (Town or city, and date.) This certificate belongs to, the person in whose behalf It is drawn, and it shall be surrendered to (him or her) whenever (he or she) leaves the services of the person, firm, or corporation hold- ing the same. WOMAN ANB CHILD LABOR LAWS CALIFORNIA. 13 The certificate as to the birthplace and age of the minor under sixteen and over fourteen years of age shall be signed by his father, his mother, his guardian ; if a child has no father, mother, or guardian living in the same city or town, his own signature to the certificate may be accepted by the person authorized to approve the same. Every person authorized to sign the certificate prescribed by this act, who knowingly certifies to any false statement therein, is guilty of a misdemeanor and upon* conviction thereof shall be fined not less than five nor more than fifty dollars, or imprisoned not more than thirty days, or by both such fine and imprisonment. Sec. 4. Any person, firm, corporation, agent, or officer of a firm Penalty, or corporation that violates or omits to comply with any of the foregoing provisions of this act, or that employs, or suffers, or per- mits any minor to be employed in violation thereof, is guilty of a luisdemeanor and shall, on conviction thereof be punished by a fine of not less than fifty dollars or more than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment, for each and every offense. A failure to produce any age and schooling certificate or permit, or to post any notice required by this act, shall be prima facie evidence of the Illegal employment of any person whose age and schooling certifi- cate or permit is not produced, or whose name is not so posted. Any fine collected under the provisions of this act shall be paid into the school funds of the county, or city and county, in which the offense occurred. Sec. 5 (as amended by chapter 322, Acts of 1907). Nothing in Agricultural, this act shall be construed to prohibit the employment of minors «tc., labor, at agricultural, horticultural, viticultural or domestic labor, dur- ing the time the public schools are not in session, or during other than school hours. For the purpose of this act, horticulture shall be understood to include the curing and drying, but not the can- ning, of all varieties of fruit. Sec. 6. It shall be the duty of the commissioner of the bureau Enforce- of labor statistics to enforce the provisions of this act. But any ment. person may lay an information before a magistrate of the commis- sion of any public offense defined in this act. This act is constitutional. 86 Pac. Rep. 896. COLOBADO. CONSTITUTION. Article 16. — Employment of children in mines. Section 2. The general assembly * * * shall prohibit the Age limit, employment in the mines of children under twelve years of age. [See section 4, chapter 138, Acts o( 1903, below.l MILLS' ANNOTATED STATUTES OP 1891. Employm,ent of children while school is in session. Section 417. It shall be unlawful for any person, persons or Employment corporation to employ any child under the age of fourteen to labor during school in any business whatever during the school hours of any school '^°^'^- day of the school term of the public school in the school district where such child is, unless such child shall have attended some public or private day school where instruction was given by a teacher qualified to instruct in those branches required to be taught in the public school of the State of Colorado, or shall have been regularly instructed at home in such branches, by some per- son qualified to instruct in the same, at least twelve weeks in each year, eight weeks at least of which shall be consecutive, and shall, at the time of such employment, deliver to the employer a certificate in writing, signed by the teacher, certifying to such attendance or instruction ; and any person, persons or corporation 14 WOMAN AND CHILD LABOR LAWS COLORADO. who shall employ any child contrary to the provisions of this sec- tion shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than twenty-five (25) dollars nor more than fifty (50) dollars, and all fines so collected shall be paid into the county treasury, and placed to the credit of the school district in which the offense occurs. ■Enforce- Sec. 420. It shall be the duty of any school director of the dis- ment. tj.jgt to inquire into all cases of neglect of the duty prescribed in this act, and ascertain from the person neglecting, the reason, it any, therefor ; and he shall forthwith proceed to secure the prose- cution of any offense occurring under this act ; and any director neglecting to secure such prosecution for such offense, within ten days after a written notice has been served on him by any tax- payer in said district, unless the person so complained of shall be excused by the district board of education for the reasons herein- before stated, shall, upon conviction, be deemed guilty of a mis- I demeanor, and fined in a sum not less than ten nor more than fifty dollars ; and such fine, when collected, shall be paid into the county treasury and placed to the credit of the school district in which the offense occurs. All actions for offenses committed under this act shall be prosecuted for in the name of the State of Colorado. Night schools. Sec. 422. Two weelcs' attendance, at half time or night school, shall be considered within the meaning of the article equivalent to an attendance of one week at a day school. Earnings of married women. Earnings sep- Section 3012. Any married woman may * * * perform arate property, ^j^y labor or Services, on her sole and separate account, and the earnings of any married woman, from her * * * labor or services, shall be her sole and separate property, and may be used and invested by her in her own name ; and she may sue and be sued as if sole, in regard to her * * * labor, services and earnings, and her property acquired by * * * services, and the proceeds thereof, may be talsen on any execution against her. Employment of women and children in mines. Employment SECTION 3185. * * * No * * * woman or girl of any prohibited. jjgg^ shall be permitted to enter any coal mine to work therein, nor any person under the age of sixteen years, unless he can read and write. Seats for female employees. Seats to be SECTION 3604. Every person, corporation or company employing provided. females in any manufacturing, mechanical or mercantile estab- lishments in this State, shall provide suitable seats for the use of the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Penalty. Sec. 3605. Any person, corporation or company violating any of the provisions of this act, shall be punished by fine of not less than ten dollars nor more than thirty dollars for each offense. ACTS OF 1891. Certain employments of children forbidden. (Page 59. .\ct approved April 13, 1891.) Immoral, SECTION 1. It shall be unlawful for any person having the care, tfoiis '"^'^"^"" custody or control of any child under the age of fourteen vears, to exhibit, use or employ as an actor or performer in any concert hall or room where intoxicating liquors are sold or given away, or in any variety theater, or for any illegal, obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for or In WOMAN AND CHILD LABOR LAWS — COLORADO. 15 any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage such child to engage therein. Nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or acad- emy, or at any respectable entertainment, or the teaching or learn- ing the science or practice of music. Sec. 2. It shall also be unlawful for any person to talie, receive, E m p loying hire, employ, use, exhibit or have in custody any child under the children, age and for the purpose prohibited in the first section of this act. Sec. 5. Any person who shall be convicted of violating any of Penalty, the provisions of the preceding sections of this act, shall be fined not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding three months, or both, in the discretion of the court ; and upon conviction for a second or any subsequent of- fense, shall be fined not exceeding two hundred dollars, or be imprisoned in the county jail not exceeding six months. Age of employment of telegraph operators on railroads. (Page 280. Act approved April 3, 1891.) Section 1. No railroad company operating a line or lines of Limit of 18 railroad within this State shall hire or employ any person or y^*''^- persons as telegraph operators for the purpose of receiving or transmitting telegraph messages or train orders for the movement of trains, unless said person or persons are at least eighteen (18) years of age, and who have had not less than one year's experience as a telegraph operator. Sec. 2. Any railroad company, its officers or agents, violating the Penalty, provisions of this act, shall be guilty of a misdemeanor, and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each and every offense. ACTS OF 1899. Chaptee 136. — Employment of children during school term — Illiterates. Section 1. In districts of the first and second class in this re|£fred°''*°'^* State * * * every parent, guardian or other person having charge of any child between the ages of 8 and 14 years, shall send such child to a public, private or parochial school for the following period: In each school year beginning in September, not less than 20 weeks, at least 10 weeks of which, commencing within the first four weeks of the school year, shall be consecutive : Provided, however. That if two reputable physicians within the Provisos, district shall certify in writing that the child's bodily or mental condition does not permit of its attendance at school, such child shall be exempted during such period of disability from the requirements of this act: And, provided, further. That if, in the opinion of the county superintendent of schools, the child is being instructed at home by a person qualified, such a child shall not be required to attend as herein provided. * * * Sec. 2. No child under the age of 14 years shall be employed by Employment any person, persons, company or corporations during the school ^^^"j^oK school term and while the public schools are in session, unless the parent, guardian or person in charge of such child shall have fully com- plied with section one of this act. Every such' employer shall re- quire proof of such compliance, and shall make and keep a written record of the proof given, which shall be subject to the inspection of the truant officer, superintendent of schools, or any school director of the district. Any employer employing any child con- trary to the provisions of this section, shall be fined not less than twenty-five nor more than one hundred dollars. Sec 3. All minors over the age of 14 years and under the age of illiterates. 16 years who can not read and write tb^ English language, shall 16 WOMAN AND CHILD LABOR LAWS — COLORADO. Proviso. Hours of la- bor of children. Unhealthful occupations. Hours of la- bor of women. Age- limit in mines, facto- ries, etc. Penalty. attend school at least one-half day of each day, or attend a public night school, or talce regular private instruction from some person qualified, in the opinion of the countj' superintendent of schools, in which such district or the greater portion of the same lies, until such minor obtains a certificate from such superintendent that he or she can read at sight and write legibly, simple sentences in English. Every employer employing or having in employment any such minor shall exact as a condition of employment the school attendance or instruction required by this section, and shall on request of.the truant officer, furnish the evidence that such minor is complying with the requirements of this section. Every em- ployer failing to comply with the requirements of this section as to any minor employed by him or in his employ, shall be fined not less than twenty-five dollars, and not more than one hundred dol- lars: Provided. That any employer with the approval or consent of the county superintendent of schools may make provision for the private instruction of minors in his employ. ACTS OF 1903. Chapter 1.38. — Hours of labor of women and children — Age limit. Section 1. It shall be unlawful for any person, agent, firm, com- pany, copartnership, or corporation to require any child, either boy or girl, of sixteen years of age or less, to labor or work in any mill, factory, manufacturing establishment, shop or store, or in or about coal or other mines, or any other occupation not herein enumerated which may be deemed unhealthful or dangerous, for a greater number than eight hours in the twenty-four hour day, except in cases where life or property is in imminent danger, or in the week before and following Christmas day : Provided, That any child between the age of fourteen and sixteen years coming within the provisions of this act may be exempted from the provisions thereof, if in the opinion of the judge of the county court of the county in which said child resides it would be for its best interests to be so exempted. Application may be made in writing to any county judge by any such child, its parent or guardian, to be granted such exemption, when it shall be the duty of such judge to hear the same and inquire particularly into the nature of the employment sought. No fees shall be charged or collected in any such case. Sec. 2. All paper mills, cotton mills and factories where wearing aiDparel for men or women is made, ore reduction mills or smelters, factories, shops of all kinds and stores may be held to be unhealth- ful and dangerous occupations within the meaning of this act at the discretion of the court. Sec. 3. No woman of sixteen years of age or more shall be required to work or labor for a greater number than eight hours in the twenty-four hour day, in any mill, factory, manufacturing establishment, shop, or store for any person, agent, firm, company, copartnership or corporation, where such labor, work or occupa- tion by its nature, requires the woman to stand or be upon her feet, in order to satisfactorily perform her labors, work or duty in such occupation and employment. Sec. 4. Any person who shall take, receive, hire or employ any ' child under the age of fourteen years in any underground works or mine, or in any smelter, mill or factory, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars, nor more than five hundred dollars, and shall be imprisoned in the county jail not less than thirty days, nor more than three months. The phrase, " any person," applies to corporations as well as to indi- viduals, and corporations are liable for the unlawful employment of a child even though the employing ofHcial had been instructed not to em- ploy any one under the prohibited age. 75 Pac. Rep. 924. Sec. 5. Any person, agent, firm, company, copartnership or cor- poration which shall violate any of the provisions of this act or WOMAN AND CHILD LABOR LAWS COLORADO. 17 shall require a greater number of bours of work or labor than herein specified of any child, either boy or girl, of sixteen years of age or less, in any employment or occupation herein enumerated, or any other which shall be deemed by the courts as unhealthful, shall be deemed guilty of a misdemeanor, and shall be fined in a sum of not less than one hundred dollars ($100), or more than five hundred dollars ($500), or be imprisoned in the county jail for not less than two, or more than four months, or by both such fine and imprisonment, in the discretion of the court, for each offense. Sec. 6. All district attorneys shall be required to make prose- Enforce- cutions for all violations of this act, upon the sworn complaint of ment. any reputable citizen that this act is being violated by any person, firm, company, copartnership or corporation. CONNECTICUT. GENERAL STATUTES OF 1902. Certain employments of children forMdden. Section 1163. Every person who shall exhibit, use, employ, ap- Acrobatic rentice, give away, let out, or otherwise dispose of any child under ncc^unations"^''' the age of twelve years, in or for the vocation, occupation, service, or purpose of rope or wire walking, dancing, skating! bicycling, or peddling, or as a gymnast, contortionist, rider, or acrobat, in any place whatever ; or for or in any obscene, indecent, or immoral purpose, exhibition, or practice, whatsoever ; or for or in any busi- ness, exhibition, or vocation, injurious to the health, or dangerous to the life or limb of such child ; or who shall cause, procure, or encourage any such child to engage therein, shall be fined not more than two hundred and fifty dollars, or imprisonment not more than one year, or both. But nothing herein shall prevent the em- ployment of any such child as a singer or musician, in any church or school, or in learning or teaching the science or practice of music. Employment of children during school time — Illiterates. Section 2119. Every person who shall employ a child under Employment fourteen years of age during the hours while the school which ^""''P^ school such child should attend is in session, and every person who shall "'^' authorize or permit on premises under his control any such child to be so employed, shall be fined not more than twenty dollars for every week in which such child is so employed. Sec. 2120. Every parent or other person, having' control of a False state- child, who shall make any false statement concerning the age of ™e°ts- such child with intent to deceive the town clerk or registrar of births, marriages, and deaths of any town, or the teacher of any school, or shall instruct a child to make any such false statement, shall be fined not more than twenty dollars. Sec. 2121. The school visitors or the town school committee in Visitors. e^■ery town shall, once or more in every year, examine into the situation of the children employed in all manufacturing establish- ments, and ascertain whether all the provisions of this chapter are duly observed, and report all violations thereof to the prose- cuting authority. Sec 2147. No person over fourteen and under sixteen years of Illiterates, age, who can not read and write, shall be employed in any town where public evening schools are established unless he can pro- duce every school month of twenty days a certificate from the teacher of an evening school showing that he has attended such school eighteen consecutive evenings in the current school month, and is a regular attendant. Every person who shall employ a child contrary to the provisions of this section shall be fined not more than fifty dollars, and the State board of education shall enforce the provisions of this section as provided in section 4707. 7054—07 2 18 WOMAN AND CHILD LABOR LAWS CONNECTICUT. Brnploj/ment of children on elevators. Employment Section 2614. No person, partnership, or corporation shall permit of chirdren nn- ^^ employ a person under the age of sixteen years to have the ^^^ care, custody, operation, or management of an elevator. Every person, partnership, or corporation violating any provision of this section shall forfeit not more than twenty-five dollars for each offense. Employment of minors in harrooms, etc. Employment SECTION 2682. No person having a license under the provisions prohibited. of this title shall employ any minor as bartender, porter, or in any other capacity, in any saloon where spirituous and intoxicat- ing liquors are kept for sale, and upon such employment the county commissioners shall revoke the license of such person. * 4 * Earnings of married ivomen. Earnings sep- SECTION 4545. * * arate property. |jg jj^j. g^jg property. The separate earnings of the wife shall ( * Hours of laljor of tvomcn and children — Age limit. Limit of ten SECTION 4091. No minor under sixteen years of age, and no hours. woman, shall be employed in laboring in any manufacturing, me- chanical, or mercantile establishment more than ten hours in any day, except when it is necessary to make repairs to prevent the inter- ruption of the ordinary running of the machinery, or where a differ- ent apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week. Every employer shall post in a conspicuous place in every room where such persons are employed a notice stating the number of hours of work required of them on each day of the week, and the em- ployment of any such person for a longer time in any day than so stated shall be a violation of this section, unless it appears that such employment is to make up for time lost on some pre- vious day of the same week in consequence of the stopping of machinery upon which such person was employed or dependent for employment ; but in no case shall the hours of labor exceed sixty in a week. Every person who willfully employs, or has in his employment, or under his charge, any person in violation of this section, and every parent or guardian who permits any such minor to be so employed, shall be fined not more than twenty dollars for each offense. A certificate of the age of a minor, made as provided in section 4705, shall be conclusive evidence of his age upon the trial of any person other than the parent or guardian for violation of any provision of this section. Sec. 4703. Every person, partnership, or corporation, employing females in any mercantile, mechanical, or manufacturing establish- ment shall furnish and provide suitable seats for the use of all females so employed, and shall permit the use of such seats by said females when they are not necessarily engaged in the active duties for which they are employed. Every person, partnership, or corporation violating any provision of this section shall be fined not more than fifty dollars. Sec. 4704. No child under fourteen years of age shall be em- ployed in any mechanical, mercantile, or manufacturing establish- ment. Sec. 4705 (as amended by chapter 115, Acts of 1905). Every person or corporation employing a child under sixteen years of age in any mechanical, mercantile, or manufacturing establish- ment shall obtain a certificate showing that the child is over fourteen years of age. Such certificate shall be signed by the i-egistrar of births, marriages, and deaths or by the town clerk of the town where the child was born, or by a teacher of the school which the child last attended, or by the person having custody of the register of sivid school, If a child was not born in the Seats for fe- males. Age limit. Certificates. WOMAN AND CHILD LABOK LAWS OONNEOTICUT. 19 United States, the State board of education may Investigate and, if it appears that said child is over fourteen years of age, may grant a certificate accordingly, and this certificate may be accepted as evidence of age. The parent or guardian of any child shall state, under oath, to the secretary or agent of the State board of education, the date of birth of the child, and shall present any family record, passport, or other documentary evidence which said board may require, showing the age of the child. The said secretary or agents may administer the oath required by this section. Every employer or other person having control of any establishment or premises where children under sixteen years of age are employed, who shall neglect to have and keep on file the certificates described in this section, or to show the same, with a list of the names of such children so employed, to the secretary or an agent of the State board of education, or to an agent of the board of school visitors, town school committee, or board of education, as the case may be, of the town in which the establish- ment or premises are located, when demanded during the usual business hours, shall be fined not more than one hundred dollars. Sec. -L70Q. Every person acting for himself, or as agent of a Penalty, mechanical, mercantile, or manufacturing establishment, who shall employ, authorize, or permit to be employed in such establishment any child, in violation of any provision of section -iTOi or 4705, shall be fined not more than sixty dollars, and every week of such illegal employment shall be a distinct offense : Provided, That no person shall be punished under this section for the employment of any child, when at the time of such employment the employer shall obtain, and thereafter during such employment keep on file, the certificate provided for in section 4705. Sec. 4707. It shall be the duty of the State board of education. Enforce- and the school visitors, boards of education, and town school com- ""^"t- mittees to enforce sections 4704, 4705, and 4706 ; and for that pur- pose the State board of education may appoint agents, under its supervision and control, for terms of not more than one year, who shall be paid not to exceed five dollars a day for time actually employed and necessary expenses, and whose accounts shall be approved by said board and audited by the comptroller. The agents so appointed may be directed by said board to enforce the provisions of the law requiring the attendance of children at school and to perform any duties necessary or proper for the due exe- cution of the duties and powers of the board. DELAWARE. REVISED CODE OP 1852, EDITION OP 1893. Chapter 76. — Earnings of married women. (Page 600.) Section 3. Any married woman may receive the wages of her Earnings sep- personal labor not performed for family, maintain an action there- arate property, for in her own name, and hold them in her own right against her husband or any other person ; * * * Chaptek 127. — Seats for female employees. (Page 932.) Section 1. Every person or corporation employing female em- Seats to be ployees in any manufacturing, mechanical or mercantile establish- provided, ments in this State shall provide suitable seats for the use of the female employees so employed, and shall permit the use of such by them when not necessarily engaged in the active duties for which they are employed. Sec. 2. Any person, firm or corporation violating any of the pro- Penalty, visions of this act, shall be punished by a fine of not less than twenty-five dollars ($25) nor more than fifty dollars ($50) for each offense. 20 WOMAN AN:D child labor laws DELAWARE. Chapter 131.— Certain employments of children forUdderu) (Page 954.) Acrobat if, SECTION 2. Any person having the care, custody, or control of mendicant, any minor child under the age of fifteen years who shall in any Hnn, °<=<="P''" manner sell, apprentice, give away, or otherwise dispose of such minor, or any person who shall take, receive, or employ such child for the vocation or occupation of rope or wire walking or dancing, or as an acrobat or gymnast, or any person who, having the care, custody, or control of any minor child whatsoever, and shall sell, apprentice, give away, or otherwise dispose of such ^ minor, or who shall take, receive, or employ such minor for begging or any obscure [sic], indecent, or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, or any person who shall retain, harbor, or employ any minor child in or about any assignation house or brothel, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or court of record shall be fined not less than twenty dollars nor more than one hundred dollars for each and every offense. ACTS OF 1897. Chaptek 452. — Factories and workshops — Provisions for female employees — yew Castle County. Dressing SECTION 1 (as amended by chapter 453, Acts of 1897). It shall rooms, etc. t,e the duty of every person or corporation employing female labor to the number of ten or upwards in New Castle County to provide, within three months after the passage of this act, a room or rooms, plainly and appropriately furnished, for such female employees to dress, wash and lunch in, separate and apart from the male employees of such person or corporation, allowing in said separate room or rooms [sic] ; and further, to provide wash- ing sinks for such female employees, separate and apart from such male employees, allowing one such washing sink to each fifteen of such female employees employed by such person or corporation ; and further, to provide water-closets for such female employees, separate from those used by such male employees : Provided, That nothing in this section shall apply to canning establishments doing business in the rural districts of said county. Seats. Sec. 2. It shall be the duty of every storekeeper in New Castle County to provide seats for his or her clerks and employees, so that when unemployed such clerks and employees may be seated. Workrooms Sec. 3. It shall be the duty of eveiy person or corporation em- to be warm. ploying female labor to provide such places for such female employees to work in during cold weather as shall be reasonably and comfortably warm. Abusive, etc.. Sec. 4. It shall be unlawful for any employer of female labor, language. or any overseer, superintendent, foreman or boss of any such employer of female labor to use toward female employees any abusive, indecent or profane language, or to in any manner abuse, misuse, unnecessarily expose to hardship, or maltreat any such female employee. Penalty. Sec. 5. Any person violating any provision of section 4 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten and not exceeding one hun- dred dollars for each offense ; any person or corporation violating any provision of the first, second and third sections of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined the sum of ten dollars, and shall be subject to the further penalty of ten dollars for each day thereafter dur- ing which such corporation or person shall refuse or neglect to provide the furnished rooms, seats, appliances or furnish the heat therein mentioned. WOMAN AND CHILD LABOR LAWS DELAWARE. 21 Sec. 7. The chief justice of the State of Delaware is hereby Female i n - authorized and required within sixty days after the passage of^P^''*"''- this act to appoint a female inspector, whose duty It shall be to visit from time to time all stores, mills, factories and other places of business where female labor is employed and to duly enforce the provisions of this act. Whenever said Inspector shall ascer- tain that the provisions of this act or any of them are being vio- lated by any employer In New Castle County, it shall be the duty of said inspector to serve upon such violator of the provisions of this act written notice that unless such employer shall conform to the requirements of this act, and wholly cease any violation thereof within ten days from the services of such notice, such employer will be prosecuted under the provisions of this act. And It shall further be the duty of said inspector in case of the neglect or failure of such employer, who has received such notice, to conform to the provisions of this act, and to cease all violations thereof within ten days from the said service of said notice, to institute the prosecution of such recalcitrant employer or employers under the provisions of this act, by swearing out before any justice of the peace in New Castle County resident in the hundred where said employer may have his, her or its place of business, or in an adja- cent hundred, the necessary warrant or complaint and thereupon to assist and enforce the prosecution of the person or corporation so complained of to the full extent of her power, and It shall further be the duty of such Inspector in case any prosecutions under the provisions of this act shall be begun or Instituted by any other person than such inspector, to aid, further and assist such independent prosecution of such employer to the best of her power, and whenever such independent prosecution of any such em- ployer shall be begun by any person other than said inspector it shall be the duty of the justice of the peace before whom such complaint shall be made to straightway notify by due course of mail the inspector appointed under this act, informing such Inspector of the name of the complainant and defendant, of the names of the witnesses indorsed upon said complaint and of the day, hour and place fixed for the hearing of said cause. Sec. 8. It shall be the duty of every employer of female labor In Access to New Castle County, whether to the number of ten or upward or workrooms, less, to permit said inspector to have full and free access at any time during the worliing noon hours of said employees to the place of business of such employer where such employees are employed, and in case any such employer shall refuse such Inspector full and free access to his place of business as aforesaid, or shall In any way hinder or prevent the full performance of her duties of inspec- tion under the provisions of this act, such employer shall be deemed guilty of a misdemeanor, and upon every conviction of such interference with said Inspector in the performance of her duties, shall pay a fine to New Castle County of ten dollars, which fine sliall be collected in the same manner as the other fines and penalties heretofore provided for in this act. Sec. 9. * * * The provisions of this act shall apply to and Law applies, be enforced only in duly incorporated towns and cities in New where. Castle County. ACTS OF 1905. Chapter 123. — Employment of children. Section 1. From and after the first day of July one thousand Age limit, nine hundred and five, no child or minor under the age of fourteen years shall be employed In any factory, workshop or establishment where the manufacture of any goods whatever is carried on. Sec. 2. From and after the first day of July one thousand nine Sciiooi a t - hundred and five no child between the ages of fourteen and six- tendance, teen years shall be employed in any factory, worlishop or estab- lishment where the manufacture of any kind of goods whatever i,s carried on, unless such child shall have attended, within twelve 22 WOMAN AND CHILD LABOR LAWS DELAWARE. Hours of la bor. ii\onths immediately preceding such employment some public, day or night school, or some well recognized school; such attendance to be for five days or evenings every week during a period of at least twelve consecutive weeks which may be divided into two terms of six consecutive weeks, so far as the arrangement of school terms will permit, and unless such child, or his parents or guardians, shall have presented to the manufacturer or other em- ployer seeking to employ such child a certificate giving the names of parents or guardian, the name and number of the school attended, and the number of weeks in attendance such certificate to be signed by the teacher or teachers of such child: Proinded, That in case the age of the child be not known, such teacher shall certify that the age given is the true age, to the best of his or her knowledge or belief. Sec. 3. No child or children under the age of sixteen years shall be employed in any factory, workshop or establishment where the manufacture of any kind of goods is carried on for a longer period than nine hours a day or fifty-four hours a week : And further pro- vided. That every such child so employed shall be entitled to not less than thirty minutes for mealtime at noon, and every em- ployer shall post in a conspicuous place, where such minor chil- dren are employed a printed notice, stating that the maximum work hours required in any one week shall not exceed fifty-four hours. The governor shall immediately after the passage of this bill, appoint by and with the advice and consent of the senate some suitable person, who shall be a resident and citizen of this State, who shall be designated and known by the official title of " Factory and workshop inspector," and who shall receive a salary of one thousand dollars per year, payable in equal quarterly in- stallments of two hundred and fifty dollars, and who shall hold office for the term of two years ; the said inspector shall be em- powered to visit and inspect at all reasonable hours and as often as practicable all factories, workshop's [workshops] and other establishments in this State, where the manufacture or sale of any kind of goods is carried on, and it shall be the duty of the said inspector to enforce the provisions of this act and to prosecute all violations of the same as hereinafter provided, and he shall have the power to demand a certificate of physical fitness from some regularly licensed physician of the State or county in which such establishment is located in the case of a child under sixteen years of age, who may seem physically unable to perform the labor at which such child may be employed, and the said inspector shall have power to prohibit the employment of any such rhild under the age of sixteen years, who shall be unable to obtain such certificate. Sec. 4. It shall be the duty of every person or corporation em- ploying a child or children under the provisions of this act to keep a register, in which shall be recorded the name, age. day of birth and place of residence of every child under the age of sixteen years so employed by such person or corporation, and it shall be unlawful for any person or corporation to employ any minor under the age of sixteen years unless there is furnished to said person or corporation a sworn statement made by the parent or guardian of such minor, stating the name, date and place of birth of such minor. Sec 5. Every person, or the officer or officers of any corporation violating the provisions of this act shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined a sum not less than fifty dollars nor more than one hundred dollars for each and every such offense. Enforce- Sec. 6. It shall be the duty of such factory or workshop inspector ™™t- appointed under the provisions of this act to inspect the sanitary conditions of any factory workshop or other establishment, wherein minors are employed in accordance with the provisions of this act and to make report in writing of his findings to the gov- ernor, to the board of health of the city of Wilmington and the State board of health quarterly, or more frequently if he shall deem it necessary. Register. Penalty. WOMAN AND CHILD LABOR LAWS DELAWARE. 23 Sec. 7. The provisions of tliis act shall not apply to any person Canneries, or corporation engaged in the canning or preserving of fruits, veg- ^^''■ etables or provisions or in the carrying on of any agricultural business " or to any person or persons, firm or corporation, en- gaged in the manufacture of fruit and berry baskets." Sec. 8. In every case where it shall appear to the satisfaction of w i d o w ' = the inspector appointed under the provisions of this act, that any c^ild- child or children under the age of sixteen years is a means of sup- port and maintenance of a widovs-ed mother that in every such case, the inspector may in his discretion issue a certificate to such child or children authorizing their employment, any provisions of this act to the contrary notwithstanding. DISTRICT OF ALASKA. ACTS OF U. S. CONGRESS, 1898-99. Chaptee 429. — TiTu: 2. — Employment of icomen and minors in 'barrooms. Section 478. No licensee under a barroom license shall employ, Employment or permit to be employed, or allow any female or minor * * * prohibited, to sell, give, furnish, or distribute any intoxicating drinks or any admixture thereof, ale, wine, or beer to any person or persons. * * * ACTS OF U. S. CONGRESS, 1899-1900. Chaptek 786. — Title 2. — Earnings of married women. Section 28. A wife may receive the wages of her personal labor. Earnings sep- and maintain an action therefor in her own name and hold the ""^^t^ property, same in her own right, and she may prosecute and defend all actions for the preservation and protection of her rights and prop- erty as if unmarried. DISTRICT or COLUMBIA. CODE. [Approved March 3, 1901 ; amended January 31 and June 30, 1902.] Certain employm,ents of children forbidden. Section 814. * * * Any person, having in his custody or Acrobatic and control a child under the age of fourteen years, who shall in any "^^^'j^^"* °'^' way dispose of it with a view to its being employed as an acrobat, or a gymnast, or a contortionist, or a circus rider, or a ropewalker, or in any exhibition of like dangerous character, or as a beggar, or mendicant, or pauper, or street singer, or street musician ; or any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child of the age last named for any of the purposes last enumerated, shall be deemed guilty of a misdemeanor, and, when convicted thereof, shall be subject to punishment by a fine of not more than two hundred and fifty dollars, or by imprison- ment for a term not exceeding two years, or both. Earnings of married women. Section 1151. All the property, real, personal, and mixed. Earnings sep- belonging to a woman at the time of her marriage, and all such arate property, property which she may acquire or receive after her marriage from any person whomsoever * * * by her own skill, labor, or personal exertions * * * shall be her own property as absolutely as if she were unmarried, and shall be protected from the debts of the husband and shall not in any way be liable for the payment thereof ; * * * 24 WOMAN AND CHILD LABOE LAWS DISTRICT OF COLUMBIA. ACTS OF U. S. CONGRESS, 1894-95. Chapter 192. — Seats for female employees. Seats to be SECTION 1. All persons who employ females in stores, shops, provided. offices, or manufactories as clerks, assistants, operatives, or help- ers in any business, trade, or occupation carried on* or operated by them in the District of Columbia, shall be required to procure and provide proper and suitable seats for all such females and shall permit the use of such seats, rests, or stools, as may be necessary, and shall not make any rules, regulations, or orders preventing the use of such stools or seats vs^hen any such female employees are not actively employed in their work In such busi- ness or employment. Penalty. Sec. 2. If any employer of female help in the District of Colum- bia, shall neglect or refuse to provide seats, as provided in this act, or shall make any rules, orders, or regulations in his shop, store, or other place of business, requiring females to remain standing when not necessarily employed in service or labor therein, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent Jurisdiction snail be liable to a fine therefor in a sum not to exceed twenty-five dollars, with costs, in the discretion of the court. ACTS OF U. S. CONGRESS, 1897-98. Chapter 8. — Factories and workshops — Water-closets. Water - clos- Section 9. Every building in said District * * * where per- ets to be pro- sons are employed or intended to be employed in any trade or vlded. business, shall be provided with sufficient and suitable privy ac- commodations, having regai-d to the number of persons employed in or in attendance at such building ; and also where persons of both sexes are employed or intended to be employed, or in attendance, with sufficient, suitable, and separate privy accommodations for persons of each sex. It shall be unlawful for any owner or agent to put any person or persons in possession of any building, or any part thereof, not provided with privy accommodations as afore- said, except a watchman for the purpose of guarding such build- ing or part thereof. • ACTS OF U. S. CONGRESS, 1905-1906. Chapter 3054. — Employment of children — School attendance. School a t - Section 1. Every parent, guardian, or other person residing in quired"^* •■ ® " the District of Columbia having charge and control of a child between the ages of eight and fourteen years shall cause such child to be regularly instructed in the elementary branches of knowledge, including reading, writing, English grammar, geog- raphy, and arithmetic, and pursuant to this end every such parent, guardian, or other person aforesaid shall cause any child under the charge and control of such person to attend some public, private, or parochial school during the period of each year the public schools in the District are in session, on the customary days and during the customary hours of the school term. No child shall be credited with attendance upon a private or parochial school unless the attendance officer hereinafter provided for receives a certificate of attendance signed by the person in charge of such school. A child between the ages aforesaid may be excused from school attendance or instruction upon presentation of satisfactory evidence to the superintendent of schools that such child is being or has been within said year instructed a like period of time in the branches taught in the public schools, or that such child has acquired these branches of learning, or that the physical or mental condition of such child is such as to render such attendance or instruction Inexpedient or impracticable. WOMAN AND CHILD LABOR LAWS DISTRICT OF COLUMBIA. 25 Sec. 5. Any person \Ybo induces or attempts to Induce any child Penalty, to be absent unlawfully from school, or who Ifnowingly employs or harbors while school is in session any child absent unlawfully from school, shall be deemed guilty of a misdemeanor and be punished by a fine of not more than twenty dollars. Skc. 6. The officers empowered under this act shall visit any Enforce- place or establishment where minor children are employed to "^°*- ascertain whether the provisions of this law are duly complied with, and shall as often as twice a year demand from all em- ployers of such children a list of children employed, with their names and ages. FLORIDA. GENERAL STATUTES OF 1906. Earnings of married women. Section 259.3. .A married woman's wages and earnings acquired Earnings sep by her in any employment separate from her husband shall be her ^'""'^ property, separate property and subject to her own disposal, and she shall be entitled to sue for and recover the same as though she were aisingle woman. Seats for employees in stores, etc. Section 3235. If any merchant, storelieeper, employer of male Seats to be or female clerks, salesmen, cash boys or cash girls, or other as- provided, sistants, in mercantile or other business pursuits, requiring such employees to stand or walk during their active duties, neglect to furnish at their own cost or expense suitable chairs, stools or sliding seats attached to the counters or walls, for the use of such employees when not engaged in their active work, and not required to be on their feet in the proper performance of their several duties ; or refuse to permit their said employees to make reason- able use of said seats during business hours, for purposes of neces- sary rest, and when such use will not interfere with humane or reasonable requirements of their employment, he shall, upon con- viction thereof, be punished by a fine of not more than one hun- dred dollars, or imprisonment not exceeding sixty days. Certain employments of children forbidden. Section 3237. Whoever takes, receives, hires, employs, uses. Acrobatic, exhibits or in any manner or under any pretense sells, appren- ^punatlons ^"^ ' tices, gives away, lets out or otherwise disposes of to any person any child under the age of fourteen years for or in the vocation, occupation, service or purpose of singing, playing on musical in- struments, rope or wire walking, dancing, begging or peddling, or as a contortionist, rider, acrobat, or for or in any obscene, indecent or immoral purpose, exhibition or practice, or for or in any busi- ness, exhibition or vocation injurious to the health or dangerous to the life or limbs of such child, or causes or procures, or en- courages any such child to engage therein, * * * or has in custody any such child for any of the purposes aforesaid, shall be fined not more than five hundred dollars, or imprisoned not more than six months. Nothing contained in this section shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or at any amateur concert or entertainment, or in learning the science or practice of music and social dancing. Employment of children. Section 3728. Whoever hires or employs or causes to be hired Consent of or employed any minor, knowing such minor to be under the age parents re- of fifteen years and under the legal control of another, without i""^^°- the consent of those having such legal control, for more than sixty days, shall be punished by imprisonment not exceeding sixty days or by fine not exceeding twenty dollars. 26 WOMAN AND CHILD LABOR LAWS GEORGIA. GEORGIA. CONSTITUTION. Abticle 3. — Earnings of married women. Earnings sep- Section 11. All property of the wife at the time of her marriage, arate property. ^^^^ ^^ property given to, inherited, or acquired by her, shall re- main her separate property, and not be liable for the debts of her husband. CODE OF 1895. Vol. II. — Civil Code. Age of employment of telegraph operators on railroads. Limit of Section 2237. No railroad company shall employ in this State 18 years. any telegraph operator to receive and transmit dispatches govern- ing the movement of trains, who is less than eighteen years of o o'p H^ 4= Hs Penalty. Sec. 22.38. Any railroad company violating the requirements of the preceding section shall forfeit for each offense not less than fifty dollars, and not more than five hundred dollars. Earnings of married women. Earnings sep- Section 2474. All property * * * acquired by the wife dur- arate property. jj,g coverture, shall vest in and belong to the wife, * * * Hours of laior of minors — Corporal punishment. Hours from SECTION 2619. The hours of labor by all persons under twenty- sunrise to sun- ojjg years of age, in all other [i. e., than cotton or woolen mills, ^^ ■ where eleven hours is the limit] manufacturing establishments, or machine shops in this State, shall be from sunrise until sunset, the usual and customary times for meals being allowed from the same; and any contract made with such persons or their parents, guardians, or others, whereby a longer time for labor is agreed upon or provided for, shall be null and void, so far as relates to the enforcement of said contracts against such laborers. [See section 3, Act No. 399, Acts of 1906, below.] Corporal Sec. 2620. No boss or other superior in any manufacturing estab- P"^'^''™^°* lishment shall intlict corporeal [corporal] punishment upon minor laborers ; and the owners of such factory or machine shop shall be 1 directly liable for all such conduct on the part of their employees ; and such minor may sue in his ovsm name for damages for such conduct, and the recovery shall be his own property, and not be- long to his parents. Vol. III. — Penal Code. Division 4. — Seats for female employees. Seats to be SECTION 127. All persons and corporations employing females in provided. manufacturing, mechanical or mercantile establishments, must pro- vide suitable seats, and permit their use by such females when not necessarily engaged in the active duties for which they were em- ployed. Any person who shall fail to comply with the require- ments of this section and the officers of any corporation which shall fail to comply with said requirements shall be guilty of a misdemeanor. Employment of minors in iarrooms. Employment SECTION 445. If any person keeping or carrying on. either by prohibited. himself or by another, a barroom, or other place where spirituous liquors are sold by retail to be drunk on the spot, shall employ a minor in such barroom or other place, he shall be guilty of a misdemeanor. "WOMAK AND CHILD LABOR LAWS GEOBGIA. 27 Employment of chihlrrn while parents live in idlenens. Section 453 (as iimended by net, page 100, Acts of 1905). ***** 7. AH persons \\lio are able to work and do not work, and who Who are va- have no property or other means of support, but hire out their grants, minor children and live upon their wages, shall be deemed and considered vagrants. ***** Certain employments of children forhid&en. Section TOG. Any person' who shall sell, apprentice, give away, Acrobatic, let out, or otherwise dispose of any child under twelve years, to f^\^ ^ 00™™' any person, for the vocation, occupation, or service of rope or wire tions. ' walking, begging, or as a gymnast, contortionist, circus rider, acrobat or clown, or for any indecent, obscene or immoral exhi- bition, practice or purpose, shall be guilty of a misdemeanor. Sec. 707. Whenever a child shall be disposed of in violation of Misdemeanor, the preceding section, the person who, under such selling, appren- ticing or letting out, shall receive and use such child for any of the purposes condemned in said section, shall be guilty of a mis- demeanor. ACTS OF 1906. Act jVo. 399. — Employment of ehildren in factories — Age limit — Night work. (Page 98.) Section 1. From and after the approval of this act no child Age limit. under ten years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State under any circumstances. Sec. 2. On and after January 1, 1907, no child under twelve Limit in years of age shall be so employed, or allowed to labor, unless such 1907. child be an orphan and has no other means of support, or unless a widowed mother or an aged or disabled father is dependent upon the labor of such child, in which event, before putting such child at such labor, such father shall produce and file in the office of such factory or manufacturing establishment, a certificate from the ordinary of the county in which such factory or establishment is located, certifying under his seal of office to the facts required to be shown as herein prescribed : Provided, That no ordinary shall issue any such certificate except upon strict proof in writing and under oath, clearly showing the necessary facts: And pro- vided further. That no such certificate shall be granted for longer than one year, nor accepted by any employer after one year from the date of such certificate. Sec. 3. On and after January 1, 1908, no child under fourteen . Night worlt years of age shall be employed or allowed to labor in or about any '° WOS. factory or manufacturing establishment within this State between the hours of seven p. m. and six a. m. Sec. 4. On and after January 1, 1908, no child, except as hereto- illiterates. fore provided, under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing estab- lishment within this State, unless he or she can write his or her name and simple sentences, and shall have attended school for School a t - twelve weeks of the preceding year, six weeks of which school tendance, attendance shall be consecutive; and no such child as aforesaid between the ages of fourteen and eighteen years shall be so employed unless such child shall have attended school for twelve weeks of the preceding /ear, six weeks of which school attend- ance shall be consecutive ; and at the end of each year, until such child shall have passed the public school age, an affidavit certify- Certificates, ing to such attendance, as is required by this section, shall be furnished to the employer by the parent or guardian or person sus- 28 WOMAN AND CHILD LABOR LAWS GEOBGIA. taining parental relation to such child. The provisions of this section shall apply only to children entering such employment at the age of fourteen years or less. Affidavits as Sec. 5. It shall be unlawful for any owner, superintendent, to age agent or any other person acting for^ or in behalf of any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the oflice of such employer an affidavit signed by the parent, guardian, or person' standing in parental relation thereto, certifying to the age and date of birth of such child, and other facts required in this act. Any person knowingly furnishing a false affidavit as to the age, or as to any other facts required in this act, shall be deemed guilty of a misdemeanor, * * * Inspection of Sec. 6. The affidavit and certificates required in this act shall ''^*'- be open to inspection by the grand juries of any county where such factory or manufacturing establishments are located. Misflemeanof. Sec. 7. Any person or agent, or .representative of any firm or- corporation, who shall violate any provision of this act shall be deemed guilty of a misdemeanor, * * * Any parent, guardian, or other person standing in parental relation to a child, who shall hire or place for employment or labor in or about any factory or manufacturing establishment within this State a child in vio- lation of any provision of this act, shall be deemed guilty of a misdemeanor * * *. HAWAII. REVISED LAWS— 1905. Earnings of married iromen. Earnings sep- SECTION 2253. All work and labor performed, or services rendered arate property. \yy ^ married woman for or to a person other than her husband and children, shall, unless there is an express agreement on her part to the contrary, be presumed to be performed or rendered on her separate account. ACTS OP 1905. Act No. 67. — Emplot/inent of minors in saloons. Section 12. Licenses shall be subject to the-following conditions and provisions : ***** Employment (4) No licensee of the first, second, fourth or fifth class, except prohibited. gmjjj ^s conduct an hotel business on the same premises, shall em- ploy a minor in or about the room or rooms where intoxicating liquors are manufactured or furnished ; ***** IDAHO. CONSTITUTION. Article 13. — Employment of children in mines. Age limit. . Section 4. The employment of children under the age of four- teen (14) years in underground mines is prohibited. CODES— 1901. Past II. — Civil Code. Earnings of minors. Wages to be Section 2073. The wages of a minor employed in service may be paid minor, paid to him, unless within thirty days after the commencement of ^ the service, the parent or guardian entitdel [entitled] thereto gives the employer notice that he claims such wag[e]s. WOMAN AND CHILD LABOR LAWS IDAHO. 29 ACTS OF 1907. Employment of children. (Page 248.) Section 1. No child under fourteen years of age shall be em- Age limit. ployed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, tele- graph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or Employment messages. It shall be unlawful for any person, firm or corporation ^"JjJ."^ school to employ any child under fourteen years of age in any such busi- ness or service whatever during the hours in which the public schools of the district in which the child resides are in session, or before the hour of six o'clock in the morning, or after the hour of Night woi-u. nine o'clock in the evening : Provided, That any such child, over the age of twelve years may be employed at any of the occupations mentioned in this act during the regular vacations of two weeks or' more of the public schools of the district in which such child resides. Sec. 2. No minor who is under sixteen years of age shall be illiterates, employed or permitted to work at any gainful occupation during the hours that the public schools of the school district in which he resides are in session, unless he can read at sight and write legibly simple sentences in the English language, and has received in- struction in spelling, English grammar, and geography and is familiar with the fundamental operations of arithmetic up to and including fractions, or has similar attainments in another language. Sec. 3. Every person, firm, corporation, agent or officer of a Eeglstei-. firm or corporation employing or permitting minors under six- teen years of age and over fourteen years of age to work in any mine, factory, workshop, mercantile establishment, store, tele- graph or telQphone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, shall keep a record of the names, ages, and places of residence of such minors. Sec. 4. No person under the age of sixteen years shall be em- Hours of la- ployed or suffered or permitted to work at any gainful occupation "°''' more than fifty-four hours in any one week, nor more than nine hours in any one day ; nor before the hour of six o'clock in the morning nor after the hour of nine o'clock in the evening. Sec. 5. AVhoever employs a child under sixteen years of age, and Penalty, whoever, having under his control a child under such age permits such child to be employed in violation of sections 1 and 2 of this act shall, for such offense, be fined not more than fifty dollars, and whoever continues to employ any child in violation of either of said sections of this act after being notified by a truant officer, probation officer or school authority shall, for every day there- after that such employment continues be fined not less than five nor more than twenty dollars. A failure to produce to a truant officer, policeman, probation officer or school authority, the age record required by this act shall be prima facie evidence of the illegal employment of any person whose age record is not pro- duced. Any parent, guardian or custodian of a minor under six- teen years of age who knowingly swears falsely as to the age of such, child for the purpose of obtaining an age record, is guilty of perjury. Sec. 6. Any person, whether as parent, relative, guardian, em- Dange-rous ployer or otherwise, having the care, custody or control of any a^°^ ™morai child under the age of sixteen years, who exhibits, uses or em- ploys in any manner or under any pretense, sells, apprentices, gives away, lets out or disposes of such child to any person, under any name, title or pretense, for or in any business, exhibition or voca- tion, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service or pur- pose of singing, playing on musical instruments, rope or wire walk- 30 WOMAN AND CHILD LABOR LAWS IDAHO. Ing, dancing, begging or peddling, or as a gymnast, acrobat, or contortionist, or rider, or in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice what- soever, or for or in any mendicant, or wandering business whatso- ever, or who causes, procures or encourages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every person who takes, receives, hires, employs, uses, exhibits or has in cus- tody any child under the age and for any of the purposes men- tioned In this section, is guilty of a like offense and punishable by like imprisonment. Nothing in this section contained applies to or affects the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning of the science or practice of music. Sending as Sec. 7. Any person, whether as parent, guardian, employer or messengers. otherwise, and any firm or corporation, who as employer or other- wise, shall send, direct, or cause to be sent or directed, any minor, to any saloon, gambling house, house of prostitution or other immoral place ; or who shall employ any minor to serve intoxi- Employment eating liquors to customers, or who shall employ a minor in m saloons. handling intoxicating liquor or packages containing such liquors in a brewery, bottling establishment or other place where such liquors are prepared for sale or offered for sale, shall, for each offense, be punished by a fine of not less than fifty dollars or im- prisonment for not less than two months or by both such fine and imprisonment. Enforce- Sec. 8. The probation ofiicer, or in counties where there is not ™®°'' [a] probation officer, one or more of the school trustees, shall visit the various places of emjiloyment mentioned in sections 1 and 7 of this act and ascertain whether any minora are employed therein contrary to the provisions of this act, and they shall bring complaint for offenses under this act to the attention of the pros- ecuting attorney for prosecution, but nothing herein shall be held to prohibit any- reputable citizen from bringing complaint for viola- tions of this act. All offences under this act shall be prosecuted in the probate court. ILLINOIS. STARR & CURTIS'S ANNOTATED STATUTES OF 1896. Chapter 38. — Certain employments of children forbidden. mend°ic'a*iit' Section 131. It shall be unlawful for any person having the etc., occupa- care, custody or control of any child under the age of fourteen tions. years, to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out or otherwise dispose of any such child to any person in or for the vocation or occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, contortionist, rider or acrobat in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice what- soever, or for, or in any business, exhibition or vocation injurious to the health, or dangerous to the life or limb of such child, or cause, procure or encourage any such child to engage therein. Nothing in this section contained shall apply to, or effect [affect] the em- ployment or use of any such child as a singer or musician in any church, school or academy, or in the teaching or learning the science or practice of music. Chapter 48. — Se.r no disqualification for employment. Sex not a Section 4. No person shall be precluded or debarred from any occupation, profession or employment (except military) on ac- count of sex: Provided, That this act shall not be construed to affect the eligibility of any person to an elective office. Act con- Sec. 5. Nothing in this act shall be construed as requiring any strued. female to work on streets or roads, or serve on juries. WOMA.N AND CHILD LABOR LAWS ILLINOIS. 31 Chapter 68. — Earnings of married, women. Section 7. A married ^yoman may receive, use and possess her Earnings sep- own earnings, and sue for the same in her own name, free from ^™*^ property, the interference of her husband or his creditors. ACTS OF 1899. Employment of women and children in mines. (Page 300.) Section 22 (as amended by act, page 320, Acts of 1905). No Employment boy under the age of sixteen years, and no woman or girl of any P^'"*^'^'*^**- age, shall be permitted to do any manual labor in or about any mine, and before any boy can be permitted to work in any mine he must produce to the mine manager or operator thereof an affidavit from his parent or guardian, or next of liin, sworn and subscribed to before a justice of the peace or notary public, that he, the said boy, is sixteen years of age. ACTS OF 1903. Employment of children. (Page 187.) Section 1. No child under the age of fourteen years shall be Age limit of employed, permitted or suffered to worli at any gainful occupa- ^^ years, tion in any theater, concert hall or place of amusement where intoxicating liquors are sold, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or workshop, or as a messenger or driver therefor, within this State. No child under fourteen years of age shall be employed at any work performed for wages or other compensation, to whomsoever payable, during any portion of any month when the public schools of the town, town- ship, village or city in which he or she resides are in session, nor be employed at any work before the hour of seven o'clock in the morning or after the hour of six o'clock in the evening : Provided, That no child shall be allowed to work more than eight hours in any one day. Where a child is employed in violation of this section, the employer is liable for any injury resulting to him so long as he continues In the' per- formance of the work which he was directed to do, even though the negligence of the child may have contributed to the accident. That the child falsely represented that he was of legal age is not a defense. An employer must ascertain at his peril that the persons he employs are members of the class that he may lawfully employ. The statute is aimed at the master and not at the servant. 73 N. E. Rep. 766. Sec. 2. It shall be the duty of every person, firm or corporation. Register, agent or manager of any firm or corporation employing minors over fourteen years and under sixteen years of age in any mer- cantile institution, store, office, hotel, laundry, manufacturing es- tablishment, bowling alley, theater, concert hall or place of amuse- ment, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, within this State, tt) keep a register in said mercantile institution, store, office, hotel, laundry, manu- facturing establishment, bowling alley, theater, concert hall or place of amusement, factory or workshop in which said minors shall be employed or permitted or suffered to work, in which register shall be recorded the name, age and place of residence of every child employed or suffered or permitted to work therein, or as messenger or driver therefor, over the age of fourteen and under the age of sixteen years ; and it shall be unlawful for any person, firm or corporation, agent or manager, of any firm or corporation to hire or employ, or to permit or suffer to work in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theater, concert hall or place of amusement, passenger or freight elevator, factorjr or workshop, oF 32 •WOMA.N AND CHILD LABOK LAWS ILLINOIS. List posted. Certificates. Wlio issue. Evidence. Scliool flcate. as messenger or driver therefor, any child under the age of six- teen years and over fourteen years of a^'e, unless there is first produced and placed on file in such mercantile institution, store, office, hotel, laundry, manufacturing establishment, bcnvling alley, factory or workshop, theater, concert hall or place of amusement, ;m age and school certificate approved as herinafter provided. lie Sec. 3. Every person, firm or corporation, agent or manager of a corporation employing or permitting or suffering to work five or more children under the age of sixteen years and over the age of fourteen in any mercantile institution, store, office, laundry, hotel, manufacturing establishment, factory or workshop, shall post and keep posted in a conspicuous place in every room in which such help is employed, or permitted or suffered to work, a list contain- ing the name, age and place of residence of every person under the age of sixteen years employed, permitted or suffered to work in such room. Sec. 4. No child under sixteen years of age and over fourteen years of age shall be employed in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theater, concert hall, or place of amusement, passengeror freight elevator, factory or workshop, or as messenger or driver therefor, unless there is first produced and placed on file in such mercantile institution, store, office, hotel, laundry, manufacturing establish- ment, bowling alley, theater, concert hall or place of amusement, factory or workshop, and accessible to the State factory inspector, assistant factory inspector or deputy factory inspector, an age and school certificate as hereinafter prescribed; and unless there is kept on file and produced on demand of said inspectors of factories a complete and correct list of all the minors under the age of six- teen years so employed who can not read at sight and write legibly simple sentences, unless such child is attending night school as hereinafter provided, may Sec. 5. An age and school certificate shall be approved only by the superintendent of schools or by a person authorized by him in writing; or where there is no suiJerintendent of schools by a per- son authorized by the school board: J'roridcrl, That the superin- tendent or principal of a parochial school shall have the right to approve an age and school certificate, and shall have the same rights and powers as the superintendent of public schools to admin- ister the oaths herein provided for children attending parochial schools: Provided, further, That no member of a school board or other person authorized as aforesaid shall have authority to ap- prove such certificates for any child then in or about to enter his own establishment, or the employment of a firm or corporation of which he is a member, officer or employee. The person approving these certificates shall have authority to administer the oath pro- vided herein, but no fee shall be charged therefor. It shall be the duty of the school board or local school authorities to designate a place (connected with their oflice, when practicable) where certifi- cates shall be issued and recorded, and to establish and maintain the necessary records and clerical service for carrying out the pro- \-isions of this act. Sec. 6. An age and school certificate shall not be approved unless satisfactory evide.nce is furnished by the last school census, the certificate of birth or baptism of such child, the register of birth of such child with a town or city clerk, or by the records of the public or parochial schools, that such child is of the age stated in the certificate : Provided. That in cases arising wherein the above proof is not obtainable, the parent or guardian of the child shall make oath before the juvenile or county court as to the a,ge of such child, and the court may issue to said child an age certificate as sworn to. Sec. 7. The age and school certificate of a child under sixteen years of age shall not be approved and signed until he ju-esents to the person authorized to aiiprove and sign the same, a school attendance certificate, as hereinafter prescribed, duly filled out and WOMAN AND CHILD LABOR LAWS ILLINOIS. 33 signed. A duplicate of such age and school certificate shall be Duplicates filled out and shall be forwarded to the State factory inspector's '''^i"''^^''- office. Any explanatory matter may be printed with such certifi- cate in the discretion of the school board or superintendent of schools. The employment and the age and school certificates shall be separately printed and shall be filled out, signed, and held or surrendered as indicated in the following forms : SCHOOL CBBTIFICATB. (Name of school). (City or town and date). This certifies (name of minor) of the — th grade, can read and Forms, write legibly simple sentences. This also certifies that according to the records of this school, and in my belief, the said (name of minor) was born at (name of city or town) in (name of county) on the (date) and is now (number of years and months) old. (Name of parent or guardian), (Residence). (Signature of teacher) grade. (Name of principal). Correct. (Name of school). EVENING SCHOOL ATTENDANCE CEETIPICATB. (Date). This certifies that (name of minor) is registered in and regu- larly attends the evening school. This also certifies that according to the records of my school and in my belief the said (name of minor) was born at (name of city or town) on the day of (year), and is now (number of years and months) old. (Name of parent or guardian), (Residence). (Signature of teacher). (Signature of principal) AGE AND SCHOOL CERTIFICATE. This certifies that I am (father, mother, guardian or custodian) Of (name of minor), and that (he or she) was born at (name of town or city) in the (name of county, if known) and State or count[r]y of , on the (day of birth and year of birth) and is now (number of years and months) old. (Signature of parent, guardian or custodian), (City or town and date). There personally appeared before me the above-named (name of person signing) and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge. I hereby approve the foregoing certificate of (name of child), height (feet and inches), weight , complexion (fair or dark), hair, (color) having no suflicient reason to doubt that (he or she) is of the age therein certified. OWNEE OF CERTrFICATE. This certificate belongs to (name of child in whose behalf it is drawn) and is to be surrendered to (him or her) whenever (he or she) leaves the service of the corporation or employer holding the same ; but if not claimed by said child within thirty days from such time it shall be returned to the superintendent of schools, or where there is no superintendent of schools, to the school board. (Signature of person authorized to approve and sign, with official character authority) (town, or city and date,) 7054r-07 3 34 "WOMAN AND CHILD LABOR LAWS ILLINOIS. Illiterates. Enforce ment. In the case of a child who can not read at sight and write legi- bly simple sentences, the certificate shall continue as follows, after the word sentences: "I hereby certify that (he or she) is regu- larly attending the (name of public or parochial evening school)." This certificate shall continue in force just as long as the regular attendance of said child at said evening school is certified weekly by the teacher and principal of said school. In any city or town in which there is no public or parochial evening school, an age and school certificate shall not be approved for a child under the age of sixteen years who can not read at sight and write legibly simple sentences. When the public or parochial evening schools are not in session, an age and school certificate shall not be approved for any child who can not read at sight and write legibly simple sentences. The certificate of the principal of a public or parochial school shall be prima facie evi- dence as to the literacy or illiteracy of the child. Sec. 8. No person shall employ any minor over fourteen years of age and under sixteen years, and no parent, guardian or custodian shall permit to be employed any such minor under his control, who can not read at sight and write legibly simple sentences, while a public evening school is maintained in the town or city in which such minor resides, unless such minor is a regular attendant at such evening school. Sec. 9. The State inspector of factories, his assistants or depu- ties, shall visit all mercantile Institutions, stores, oflSces, laundries, manufacturing establishments, bowling alleys, theaters, concert halls or places of amusement, factories or workshops, and all othet places where minors are or may be employed in this State, and ascertain whether any minors are employed contrary to the provi- sions of this act. Inspectors of factories may require that age and school certificates, and all lists of minors employed in such facto- ries, workshops, mercantile institutions and all other places where minors are employed as provided for in this act, shall be pro- duced for their inspection, on demand: And, provided further, That upon written complaint to the school board or loCal school authorities of any city, town, district or municipality, that any minor (whose name shall be given In such complaint) Is employed in any mercantile institution, store, office, laundry, manufacturing establishment, bowling alley, theater, concert hall or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, contrary to the provisions of this act, it shall be the duty of such school board or local school authority to report the same to the State inspector of factories. Sec. 10. No person under the age of sixteen years shall be employed or suffered or permitted to work at any gainful occupa- tion more than forty-eight hours in any one week, nor more than eight hours in any one day ; or before the hours of seven o'clock in the morning or after the hour of seven o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed, a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work, and the hours when the time or times allowed for dinner or for other meals begins and ends. The printed form of such notice shall be furnished by the State inspector of facto- ries, and the employment of any such minor for longer time i* any day so stated shall be deemed a violation of this section. emSfovmmts"^ ^'^'^- ^^- ^^ '^'^"'^ under the age of sixteen vears shall be P y ^- employed at sewing belts, or to assist in sewing belts, in any capacity whatever; nor shall any child adjust any belt to any machinery; they shall not oil or assist in oiling, wiping or clean- ing machinery; they shall not operate or assist in operating cir- cular or band saws, wood shapers, wool jointers [wood jointers], planers, sandpaper or wood-polishing machinery, emery or polish- ing wheels used for polishing metal, wood-turning or boring Children un- der 16 years. WOMAN AND CHILD LABOR LAWS ILLINOIS. 35 machinery, stamping machines in sheet metal and tinware manu- facturing, stamping machines in washer and nut factories, operat- ing corrugating rolls, such as are used in roofing factories, nor shall they be employed in operating any passenger or freight elevators, steam boiler, steam machinery, or other steam generat- ing apparatus, or as pin boys in any bowling alleys ; they shall not operate or assist in operating dough brakes, or cracker machinery of any description ; wire or iron-straightening machinery ; [n]or shall the [they] operate or assist In operating rolling-mill machin- ery punches or shears, washing, grinding or mixing mill or calen- dar rolls in rubber manufacturing, nor shall they operate or assist in operating laundry machinery ; nor shall children be employed in any capacity in preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating or assisting to operate any passenger or freight ele- Elevators. vator ; nor shall they be employed in any capacity whatever In the manufacture of goods for immoral purposes, or any other immoral, employment that may be considered dangerous to their lives orf^g^ sun-ound- limbs, or where their health may be injured or morals depraved ; nor In any theater, concert hall, or place of amusement wherein intoxicating liquors are sold ; nor shall females under sixteen years of age be employed in any capacity where such employment compels them to remain standing constantly. Sec. 12. The presence of any person under the age of sixteen Evidence, years in any manufacturing establishment, factory or workshop, shall constitute prima facie evidence of his or her employment therein. Sec. 13. It shall be the special duty of the State factory in- Enforce- spector to enforce the provisions of this act, and to prosecute all ™®°t- violations of the same before any magistrate or any court of com- petent jurisdiction in this State. It shall be the duty of the State factory inspector, assistant State factory inspector and deputy State factory inspectors under the supervision and direction of the State factory inspector, and they are hereby authorized and empowered to visit and inspect, at all reasonable times, and as often as possible, all places covered by this act. Sec. 14. Whoever, having under his control a child under the Penalty, age of 16 years, permits such child to be employed In violation of the provisions of this act, shall for each offense be fined not less than $o nor more than $25, and shall stand committed until such fine and costs are paid. A failure to produce to the inspector of factories, his assistants or deputies, any age and school certificates, or lists required by this act, shall constitute a violation of this act, and the person so failing shall, upon conviction, be fined not less than $5 nor more than $50 for each offense. Every person author- ized to sign the certificate prescribed by section 7 of this act, who certifies to any materially false statement therein shall be guilty of a violation of this act, and upon conviction, be fined not less than $5 nor more than $100 for each offense, and shall stand com- mitted until such -fine and costs are paid. Any person, firm or corporation, agent or manager, superintendent or foreman of any firm or corporation, whether for himself or for such firm or corpo- ration, or by himself or through subagents or foreman, superin- tendent or manager, who shall violate or fail to comply with any of the provisions of this act, or shall refuse admittance to prem- ises, or otherwise obstruct the factory inspector, assistant factory inspector or deputy factory inspector in the performance of their duties, as prescribed by this act, shall be deemed guilty of a mis- demeanor and, upon conviction thereof, shall be fined not less than $5 nor more than $100 for each offense, and shall stand committed until such fine and costs are paid. 36 WOMAN AND CHILD LABOR LAWS INDIANA. INDIANA. ANNOTATED STATUTES OP 189J^RBVISION OP 1901. Certain occupations of children forbidden. Acrobatic, SECTION 2241. Any person having the care, custody or control occuDatlonl''^'' °^ ^^^ minor child under the age of fifteen years, who shall in any manner sell, apprentice, give away, or otherwise dispose of such child, and any person who shall take, receive or employ such child for the vocation or oeeupatiou of rope or wire walking, or as an acrobat, gymnast, contortionist, or rider, and any person who, having the care, custody or control of any minor child shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child for any obscene, indecent or illegal exhibition or vocation, or any vocation inju- rious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, and any per- son who shall retain, harbor or employ any minor child in or about any assignation house or brothel, or in any place where any obscene, indecent or illegal exhibition takes place, shall be guilty of a misdemeanor, and upon conviction thereof before any jus- tice of the peace, mayor, police judge or criminal court shall be fined not less than ten dollars, nor more than one hundred dollars, to which may be added imprisonment not exceeding thirty days. Mendicant Sec. 2242. Any person having the care, custody or control, law- occupations, fyi Qj. unlawful, of any minor child under the age of eighteen years, who shall apprentice, give away, let out, hire, or otherwise dispose of such minor to any person for the purpose of singing, playing on musical instruments, begging, or for any mendicant business whatever, in the streets, roads or other highways of the State, and whosoever shall take, receive, hire, employ, use or have in custody any such [minor] for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments or begging upon the streets, roads or other highways of the State, or for any mendicant business whatever, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act, shall be fined not less than five dol- lars nor more than one' hundred dollars, to which may be added imprisonment not exceeding thirty days. Bmploymeut Sec. 2243. Any person having the care, custody or control of any h°ouses^°sa^™™°'^ <^'^''<^ Under the age of fifteen years, who shall in any man- loons, etc' ner sell, apprentice, give away, or permit such child to sing, dance, act, or in any manner exhibit in any dance house whatever, or in any concert saloon, theater, or place of entertainment where wines or spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected by any passage way or entrance, or any proprietor of any dance house whatever, or the proprietor of any such concert saloon, theater or place of enter- tainment so employing any such child, shall be guilty of a misde- meanor, and upon conviction thereof, * * * shall be fined not less than ten dollars nor more than one hundred dollars for each offense, to which may be added imprisonment not exceeding thirty days. Seats for female employees. orovfala '" ^ . Section 2246. Every person or corporation employing women or girls in any business in his State shall provide suitable seats for the use of said employees so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for the performance of which "they are so employed. Penalty. Sec 2247. Any person or persons, or any corporation violating any of the provisions of this act, shall be punished bv a fine of not less than ten dollars nor more than thirty dollars for each offense. And It IS made the duties of the prosecuting attorneys of the State tx) enforce the provisions of this act. WOMAN AND CHILD LABOB LAWS INDIANA. 37 Earnings of married women. Section 6975. A married woman may carry on any trade or Earnings sep- business and perform any labor or service on her sole and separate arate property, account. The earnings and profits of any married woman, accru- ing from her trade, business, services or labor, other than labor for her husband or family, shall be her sole and separate property. Services performed by a wife in connection with her husband, do not. in the absence of an agreement, give her a separate rlglit of action. 17 Ind. App. 253. Employment of wom,en and children. Section 7087a. No person under sixteen years of age, and no Hours of la- female under eighteen years of age, employed in any manu- ^''■ facturing or mercantile establishment, laundry, renovating worlss, baliery or printing office, shall be required, permitted or sufiCered to work therein more than sixty hours in any one week, nor more than ten hours in any one day, unless for the purpose of making a shorter day on the last day of the week ; nor more hours in any one week than will make an average of ten hours per day for the whole number of days which such person or such female shall so work during such week ; and every person, firm, corporation or company employing any person under sixteen years of age, or any female under eighteen years of age In any establishment as afore- said, shall post and keep posted in a conspicuous place in every room where such help Is employed a printed notice stating the num- ber of hours of labor per day required of such person for each day of the week, and the number of hours of labor exacted or per- mitted to be performed by such persons shall not exceed the num- ber of hours of labor so posted as being required. The time of beginning and ending the day's labor shall be the time stated in such notice: Provided, That such female under eighteen and per- sons under sixteen years of age may begin after the time set for beginning and stop before the time set In such notice for the stop- ping of the day's labor, but they shall not be permitted or required to perform any labor, before the time stated on the notices as the time for beginning the day's labor, nor after the time stated upon the notices as the hour of ending the day's labor. Sec. 7087b. No child under fourteen years of age shall be em- ^se limit, ployed in any manufacturing or mercantile establishment, mine, quarry, laundry, renovating works, bakery or printing office within this State. It shall be the duty of every person employing young persons under the age of sixteen years to keep a register, in which shall be recorded the name, birthplace, age and place of residence of every person employed by him under the age of sixteen years ; and it shall be unlawful for any proprietor, agent, foreman or other person connected with a manufacturing or mercantile estab- lishment, mine, quarry, laundry, renovating works, bakery or print- ing office to hire or employ any young person to work therein with- out there is first provided and placed on file in the office an affi- davit made by the parent or guardian,, stating the age, date and place of birth of said young person ; if such young person have no parent or guardian, then such affidavit shall be made by the young person, which affidavit shall be kept on file by the employer, and said register and affidavit shall be produced for inspection on de- mand made by the inspector, appointed under this act. There shall be posted conspicuously in every room' where young persons are employed, a list of their names, with their ages, respectively. No young person under the age of sixteen years, who is not blind, shall be employed in any establishment aforesaid, who can not read and write simple sentences in the English language, except during the vacation of the public schools in the city or town where such minor lives. The chief inspector of the department of inspection shall have the power to demand a certificate of physical fitness from some regular physician in the case of young persons who may seem physically unable to perform the labor at which they may be 38 WOMAN AND CHILD LABOR LAWS INDIANA. Night work. Operating elevators. C 1 e a n 1 n moving chinery Wasli rooms. Definitions. employed, and shall have the power to prohibit the employment of any minor that can not obtain such certificate. Employment of a boy under fourteen years of age Is negligence per so; but It must be the proximate cause of the injuries of a plamtift to make an employer liable therefor. 73 N. B. Rep. 117. The fact that a parent or guardian knows of the employment ot a child within the age limits requiring an affidavit of such parent or guardian, and that they do not Inform the employer of the age, does not excuse the latter from the duty of obtaining the certificate. 71 N. h. Rep. 922. Sec. 7087c. No person or corporation, or officer or agent thereol, shall employ any woman or female young person in any capacity for the purpose of manufacturing, between the hours of 10 o'clock at night and 6 o'clocli in the morning. Sec. 7087d. No person, company, corporation or association shall employ or permit any young person to have the care, custody, man- agement of or to operate any elevator. Sec. 70871. * * * No person under sixteen years of age, and m a" no female under eighteen years of age, shall be allowed to clea:i machinery while in motion. Sec. 7087J. A suitable and proper wash room and water-closets shall be provided by the owner, agent or lessee in each establish- ment above enumerated, and such water-closets shall be properly screened and ventilated and kept at all times in a clean condition, with not less than one seat for each twenty-five persons, and one seat for each fraction thereof above ten, employed in such estab- lishment ; and if women and girls are employed in any such establishment, the water-closets used by them shall have separate approaches and be separate and apart from those used by the men. All water-closets shall be kept free of obscene writing and mark- ing. A dressing room shall be provided for women and girls, when required by the chief inspector, in any establishment afore- said in which women and girls are employed; and the employer of such women and girls shall provide a suitable seat for the use of each female employee placed conveniently where she works, and shall permit the use of the same when she is not necessarily engaged in the active duties for which she is employed, and such seats shall be constructed or adjusted where practicable so as to be a fixture and not obstruct such female when actually engaged in the performance of such duties when such seat can not be used.- Sec 7087r. The language used in this act shall be interpreted to have the following meaning: The word "person" means any indi- vidual, corporation, partnership, company or association. The word " child " means a person under the age of fourteen years. The words " young person " means a person of the age of fourteen years and under the age of eighteen years. The word " woman " means a female of the age of eighteen years and upwards. The words " manufacturing or mercantile establishment, mine, quarry, laundry, renovating works, bakery or printing office " means [mean] any mill, factory, workshop, store, place of trade, or other establishment where goods, wares or merchandise are manufac- tured or offered for sale, or any mine or quarry where coal and stone are mined and quarried for the market, and persons are employed for hire. ACTS OF 1905. Chapter 50. — Employment of women and children in mines. Employment prohibited. Section 24. No male person under the age of fourteen years or female of any age shall be permitted to enter any mine in this State for the purpose of employment therein, and the parents or guardians of boys shall be required to furnish an affidavit as to the age of said boy or boys «hen there is any doubt in regard to their age, and in all cases of minors applying for work the oper- ator of any mine shall see that the provisions of this section are not violated. WOMAN AND CHILD LABOR LAWS INDIANA. 39 Chapter 169. — Hours of labor of children. Section 629. Any person, firm, company, corporation or associa- Bight hours tion engaged In manufacturing in tills State, and permitted by law ^ ^^^'^ ^°^^- to employ child labor; or any foreman, clerk, officer, or agent of any such person, firm, corporation or association, who shall em- ploy or keep at work any child under fourteen years of age more than eight hours per day, .shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars. IOWA. CODE OF 1897 AND SUPPLEMENT OF 1902. Employment of fem,ales in tarrooms. Section 2448. ***** Employment Stjbsec. 8. No female shall be employed in the place [where in- Prohibited, toxicating liquors are sold]. Earnings of married women. Section 3162. A wife may receive the wages for her personal arate o'^o^e??? labor, and maintain an action therefor in her own name, and hold P P y- the same In her own right, and may prosecute and defend all actions for the preservation and protection of her rights and property, as if unmarried. Earnings of minors. Section 3191. Where a contract for the personal services of a Payment to minor has been made with him alone, and the services are after- ™ ^°^^- wards performed, payment therefor made to him, In accordance with the terms of the contract, is a full satisfaction therefor, and the parent or guardian can not recover a second time. Employment of icomen and children. Section 4999. All employers of females in any mercantile or Seats, manufacturing business or occupation shall provide and maintain suitable seats, when practicable, for the use of such female em- ployees, at or beside the counter or workbench where employed, and permit the use thereof by such employees to such extent as the work engaged in may reasonably admit of. Any neglect or refusal to comply with the provisions of this section by any employer shall be punished by a fine not exceeding ten dollars. Sec. 4999a. Every manufacturing establishment, workshop or ^jg^^*®"^ " '''°^" hotel in which five or more persons are employed, shall be pro- vided with a sufficient number of water-closets, earth closets or privies for the reasonable use of the persons employed therein, which shall be properly screened and ventilated and kept at all times in a clean condition ; and if women or girls are employed in such establishment, the water-closets, earth closets or privies used by them shall have separate approaches and be separate and apart from those used by the men. Sec. 4999b. * * * No person under sixteen years of age, and Cleaning no ■female under eighteen years of age shall be permitted or^f^ery"^ ™^ directed to clean machinery while in motion. Children under six- teen years of age shall not be permitted to operate or assist in operating dangerous machinery of any kind. ACTS OF 1906. Chaptee ]03. — Employment of children. Section 1. No person under fourteen years of age shall be em- Age limit, ployed with or without wages or compensation in any mine, manu- facturing establishment, factory, mill, shop, laundry, slaughter- 40^ WOMAN AND CHILD LABOR LAWS IOWA. Dangerous, etc., occupa- tions. Night work. Hours of la bor. List. False ments. state Operating house or packing house, or in any store or mercantile establishment elevators. where more than eight persons are employed, or in the operation of any freight or passenger elevator. Sec. 2. No person under sixteen years of years [sic] of age shall be employed at any work or occupation by which, by reason of its nature or the place of employment, the health of such person may be injured, or his morals depraved, or at any work in which the handling or use of gunpowder, dynamite or other like explosive is required, and no female under sixteen years of age shall be em- ployed in any capacity where the duties of such employment com- pel her to remain constantly standing. Sec. 3. No person under sixteen years of age shall be employed at any of the places or in any of the occupations recited in section 1 hereof before the hour of six o'clock in the morning or after the hour of nine o'clock in the evening, and if such person is employed exceeding five hours of each day, a noon intermission of not less than thirty minutes shall be given between the hours of eleven and one o'clock, and such person shall not be employed more than ten hours in any one day, exclusive of the noon intermission, but the provisions of this section shall not apply to persons employed in husking sheds or other places connected with canning factories where vegetables or grain are prepared for canning and in which no machinery is operated. Sec. 4. Every person, firm or corporation having in its employ, at any of the places or in any of the occupations recited in section 1 of this act, any persons under sixteen years of age, shall cause to be posted at some conspicuous location at the place of such em- ployment, and where same shall be accessible to inspection at all times during business hours, a list of the names of such persons, giving after each 'name, the date of the birth of such person and the date when employed. Sec. 5. Any parent, guardian or other person, who having under his control any person under sixteen years of age causes or per- mits said person to work or be employed in violation of the pro- visions of this act, or any person making, certifying to, or causing to be made or certified to, any statement, certificate or other paper for the purpose of procuring the employment of any person in violation of the provisions of this act, or who makes,- files, exe- cutes or delivers any such statement [,] certificate or other paper containing any false statement for the purpose of procuring the employment of any person in violation of this act, or for the pur- pose of concealing the violation of this act in such employment, and every person, firm or corporation, or the agent [,] manager, superintendent, or officer of any person, firm or corporation, whether for himself or such person, firm or corporation, either by himself or acting through any agent, foreman, superintendent or manager, who knowingly employs any person or permits any person to be employed in violation of the provisions of this act, or who shall refuse to allow any authorized officer or person to in- spect any place of business under the provisions of this act, if demand is made therefor at any time during business hours or who shall willfully obstruct such officer or person while making such inspection, or who shall fail to keep posted the lists contain- ing the names of persons employed under sixteen years of age and other information as required by this act, or who shall knowingly insert any false statement in such list, or who violates any other provision of this act, shall be deemed guilty of a misdemeanor, and upon being found guilty thereof, shall be fined not to exceed one hundred dollars or be imprisoned in the county jail not to exceed thirty days. Sec. 6. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act, and such commissioner and his deputies, factory inspectors, assistants and other persons authorized by him in writing. State mine inspect- ors, and county attorneys, mayors, chiefs of police and police officers, acting under their written directions, city and town mar- shals, sheriffs and their deputies within the territories where they exercise their official functions, and any person having au- Enforce ment. WOMAN AND CHILD LABOR LAWS IOWA. 41 thority therefor in writing from tlie judge of a court of record within the territory over whieii such judge has jurisdiction, shall have authority to visit any of the places enumerated in section 1 of this act, and malie an inspection thereof to ascertain if any of the provisions of this act are violated or any person unli^wfully employed thereat, and such persons shall not be Interfered with or prevented from asking questions of any person found at the place being inspected by them with reference to the provisions of this act. It shall be the duty of the county attorney to invesci- gate all complaints made to him of the violation of this act, and to attend and prosecute at the trial of all cases for its violation upon any information that may be filed within his county. KANSAS. GENERAL STATUTES OF 1901. Certain employments of children forUdden. Section 2034. * * * Any person having in his custody or Acrobatic control a child under the age of fourteen years, who shall in any and mendicant way dispose of it with a view to its being employed as an acrobat, occupations, or a gymnast, or a contortionist, or a circus rider, or a rope- walker, or in any exhibition of like dangerous character, or as a beggar, or mendicant, or pauper, or street singer, or street musi- cian ; or any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child of the age last named for any of the purposes last enumerated, shall be deemed guilty of a mis- demeanor, and when convicted thereof shall be subject to punish- ment by a fine of not more than two hundred and fifty dollars, or by Imprisonment for a term not exceeding one year, or both. Seats for female employees. Section 3842. The proprietor, manager or person having charge Seats to be of any mercantile establishment, store, shop, hotel, restaurant or provided, other place where women or girls are employed as clerks or help therein in this State shall provide chairs, stools or other contriv- ances for the comfortable use of such female employees, and shall permit the use of same by such female employees for the preser- vation of their health and for rest when not actively employed in the discharge of their respective duties. Sec. 3843. Any proprietor, manager or other person violating the Penalty, preceding section of this act shall be deemed guilty of a misde- meanor, and upon conviction shall be fined in a sum not less than ten dollars nor more than one hundred dollars. Earnings of m,arried women. Section 4022. Any married woman may carry on any trade or Earnings sep- business, and perform any labor or services, on her sole and sepa- ^^^. ^ P''°PC''ty- rate account ; and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used and invested by her in her own name. Employment of children in mines. Section 4140. No person under twelve years of age shall be Age limit, allowed to work in any coal mine, nor any minor between the ages of twelve and sixteen years unless he can rea,d and write and furnish a certificate from a school teacher, which shall be kept on file, showing that he has attended school at least three months during the year; and in all cases of minors applying for work, the agent of such coal mine shall see that the provisions of this section are not violated; and upon conviction of a willful viola- tion of this section of this act, the agent of such coal mine shall be fined in any sum not to exceed fifty dollars for each and every offense. ' [See section 1, chapter 278, Acts of 1905, below.] 42 WOMAN AND CHILD LABOR LAWS KANSAS. ACTS OF 1905. Chapteb 278. — Employment of children — Age limit in factories, mines, etc. Age limit. Certificate. Enforce ment. Penalty. Section 1. No child under fourteen years of age shall be em- ployed at any time in any factory or packing houses or in or about any mine. No person under sixteen years of age shall be em- ployed at any occupation nor at any place dangerous or injurious to life, limb, health, or morals. Sec. 2. All persons, firms or corporations employing children shall be required first to obtain a certificate of the age of such children, where possible, from the school board, principal of school or teacher of the school in district or city wherein such children reside. Said certificate shall be issued without charge; shall be substantially in the following form : State of Kansas, County or This certifies that City ob Disteict. -, according to the records of this school and from all the knowledge that I can obtain, was born at , in County, and city, of the State of and is now under years of age. (Signed.) To which shall be added the name of the school district or city and the ofiicial position of the member of the board, principal or teacher signing the same. When it is impossible to secure the certificate herein above provided for as to the age of the child, the firm, person or corporarion [corporation] employing such child shall secure a statement of the age of such child from the parent or legal guardian of such child, which statement shall be verified under oath before some oflicer authorized to administer oaths. Such certificate shall be suflJcient protection to the employer of any child as to the age of such child, except when such employer has actual knowledge of the falsity of such certificate ; and all such certificates shall be kept constantly on file in a convenient place, and shall at all times be open to the inspection of the proper authorities, as provided in this act. Sec. 3. It shall be the duty of the State factory inspector. State inspector of mines and their deputies to inspect the certificates herein above provided for, to examine children employed in facto- ries, mines and packing houses as to their age, and to file com- plaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all com- plaints so filed. Sec. 4. Any person, firm or corporation employing any person or child in violation of any provisions of this act, or permitting or conniving at such violation, shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be fined in a sum not less than twenty-fly e dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than ninety days. KENTUCKY. CONSTITUTION. Employment of cliihlren to be regulated. Assembly to SECTION 243. The general assembly shall, by law, fix the mini- pass aws. jjj^j^ ^ggg ^^ which children may be employed in places dangerous to life or health, or injurious to morals ; and shall provide ade- quate penalties for violations of such law. WOMAN AND CHILD LABOR LAWS KENTUCKY. 43 STATUTES OF 1903. Certain employmeiitx of children foriiaden^-Age limit in factories, etc. Section o2l!. A person who, for gain or reward, employs or Mendicant, causes to be employed, or who exhibits, uses, or who has in his immoral, etc.; custody for the purpose of exhibiting or employing any child °'^''"P'"'°°^- actually or apparently under the age of sixteen years, or any person who, having the care, custody, or control of such child, as parent, relative, guardian, employer, or otherwise, sells, lets out, • gives away, or in any way procures or consents for gain or reward to the employment or exhibition of such child, either, first, in begging or receiving alms, or in any mendicant occupation ; sec- ond, or (being a female) in peddling or in any wandering occupa- tion ; third, or male or female in any indecent or immoral occu- pation or practice, or in the exhibition of any such child when insane or idiotic ; or, fourth, in any practice or exhibition of unusual danger to the life, limb, health, or morals of the child, is guilty of a misdemeanor, and shall, for the first offense, be fined not more than twenty dollars, or confined in the county Jail or workhouse, in counties having a workhouse, not more than ninety days, or both so fined and confined within the discretion of the court ; and, upon conviction for the second, or any subsequent offense, shall be fined in any sum not exceeding one hundred dol- lars, or imprisoned in the penitentiary for a term not exceeding one year, or both so fined and confined within the discretion of the jury. Sec. 331a. 1. It shall be unlawful for a proprietor, foreman, Age limit, owner or other person to employ any child less than fourteen years of age in any workshop, factory, or mine, in this State ; un- less said proprietor, foreman or owner shall know the age of the child, it shall be his or their duty to require ihe parent or guardian to furnish a sworn statement of its age, and any swearing falsely to such by the parent or guardian shall be perjury and punishable as such. Provided, That if the parent or guardian and the county judge Proviso, of any county may consent in writing for such employment, then in that event such employment may be made, subject to the ap- proval of the county attorney of said county, in the event of any complaint, and if he thinks, after investigation of such complaint, that it is against the best interests or moral welfare of such infant child he may so notify said employer, and then this act applies as if no consent was given. 2. Any proprietor, foreman, or owner employing a child less than Penalty, fourteen years of age in conflict with the provisions of this act, except where such proprietor, foreman or owner has been fur- nished with a sworn statement of guardian or parent that the child is more than fourteen years of age, shall be guilty of a mis- demeanor, and upon conviction shall be fined not le^s than twenty- five dollars and not more than two hundred and fifty dollars. [See chapter 52, Acts of 1906, below.] ACTS OF 1906. Chapter 52. — Employment of children — Factory inspection. Section 1. Xo child under sixteen years of age, employed in any Hours of la- manufacturing establishment, mine, mill or workshop in this Com- tor. monwealth, shall be required, permitted or suffered to work therein more than sixty hours iu any one week, nor more than ten hours in any one day, unless for the purpose of making a shorter work day on any one day of the week, and in no case shall any child under sixteen years of age work in any manufacturing establishment, mine, mill or workshop after seven o'clock in the Night work, evening or before six o'clock in the morning of any day ; and every 44 WOMAN AND CHILD LABOE LAWS KENTUCKY. Age limit. Register. person, firm, corporation or company employing any child under sixteen years of age in any manufacturing establishnjent, mine, mill or workshop shall post, and keep posted, in a conspicuous place in the office, a printed notice, stating the number of hours of labor per day required of such persons for each day of the week, and the number of hours of labor exacted or permitted to be per- formed by such persons shall not exceed the number of hours of labor so posted as being required. The time of beginning and ending the day's labor shall be the time stated in such notice. Sec. 2. No child under fourteen (14) years of age shall be em- ployed at any time in any factory, workshop, mill or mine, unless said child shall have no other means of support. No such child shall be employed in any mercantile establishment, .nor in any service of any telegraph, telephone or public messenger company, laundry, printing establishment, except during the vacation of the public schools. No child under sixteen (16) years of age shall be employed at any occupation dangerous or injurious to health or morals. And in event of disagreement between the labor inspector and proprietor, the city or county physician shall be called in as referee, and his decision shall be final. It shall be the duty of every person employing children to keep a register in which shall be recorded the name, birthplace, age and place of residence of every person employed by him under the age of sixteen years ; and it shall be unlawful for any proprietor, agent, foreman or other person in or connected with a manufacturing establishment, mine, mill or workshop to hire any child under the age of sixteen years to work therein without there is first provided and placed on file in the oflice an affidavit made by the parent or guardian, stating the age, date and place of birth of said child. If said child has no parent or guardian, the said affidavit shall be made by the child, which affidavit shall be kept on file by the employer, and said register and affidavit shall be produced for inspection on demand by the labor inspector. There shall be posted conspicuously in every office of every factory, mill, workshop or mine, where children under sixteen years of age are employed, a list of their names, with their ages, respectively. The labor inspector shall have the power to demand a certificate of physical fitness from the city or county physician in the case of children whom he deems physically unable to perform the labor at which they may be employed, and shall have the power to prohibit the employment of any child that can not obtain such certificate. Operating Seo. 3. No person, firm or corporation shall employ or permit e eva or, e c. ^^^ ^^^^^ under the age of sixteen years to have the care, custody, management of, or to operate any elevator, nor shall any person under sixteen years of age be employed at sewing belts or [to] assist in sewing belts. Sec. 4. * * * nq person under eighteen years of age shall be allowed to clean machinery while in motion. Sec. 5. Suitable and proper wash rooms and water-closets shall be provided in each manufacturing establishment, and such water- closets shall be properly screened and ventilated and be kept at all times in a clean condition ; and if women and girls are employed in any such establishment, the water-closets shall have separate approaches and be separate and apart from those used by men. All closets shall be kept free [from] obscene writing and marking. A dressing room shall be provided for women and girls when re- quired by the labor inspector in any manufacturing establishment in which women and girls are employed. Sec. 6. Every person, firm, corporation, association, individual or partnership employing girls or adult women in any manufactur- ing, mechanical or mercantile industry, laundrv, workshop, reno- vating works or printing office in this Commonwealth shall provide seats for the use of the girls and women so employed, and shall permit the use of such by them when not necessarily engaged in the active duties for which they are employed. Enforce- Seo. 8. The grand jury shall have inquisitorial powers to investi- ment. g^tg violations of this act, and judges of the circuit courts of the Cl ea n 1 ng moving ma- cliiuery. Wash rooms, etc. Seats for fe- males. WOMAN AND CHILD LABOK LA W8— KENTUCKY . 45 State shall specially charge the grand jury at the beginning of each term of the court to investigate violations of this act. Sec. 9. The words "manufacturing establishment," .wherever Definition. used in this act, shall be construed to mean any mill, factory or workshop where labor is employed. Sec. 10. A copy of this act shall be conspicuously posted and 'Act to be kept posted in each worljroom of overy manufacturing establish- posted. ment, mill, mine or workshop in this Commonweiilth. Sec. 11. Any person who violates any of the provisions of this Penalty. act, or who sufCers or permits any child to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor and, on conviction, shall be punished Sy a fine of not more than fifty dol- lars for the first offense and not more than two hundred dollars for the second offense. Sec 12. The provisions of this act shall not apply to the handling Application of fruits and vegetables in season, and the delivery of tobacco at "* '''™^- the warehouses, and preparing same for the manufacturer. LOUISIANA. REVISED LAWS, 1897 Employment of women in saloons, etc. (Page 232. Act No. 43, Acts of 1894.) Section 1. No owner, proprietor, keeper, lessee or agent, man- Employment ager or conductor of any concert hall or saloon where spirituous prohibited. liquors, wines or malt are sold at retail, shall employ or suffer to be employed any female to distribute or appear among the audi- ence or frequenters of such concert hall or saloon for the purpose of distributing or selling or taking orders to be filled, any such spirituous liquors, wines or malt and any person or persons violat- ing the provisions of this act shall be deemed guilty of a misde- meanor, and, on conviction shall be imprisoned in the parish jail not less than thirty days nor more than three months and a fine of not less than fifty nor more than one hundred dollars for each and every offense. Children operating or cleaning machinery. (Page 516. Act No. 60, Acts of 1892.) Section 1. No child under the age of twelve years shall be per- Operating or mitted to operate or clean any part of the machinery in a factory cleaning mov- while such part is in motion by the aid of steam, water or other '"s machinery, mechanical power, or to clean any part of such machinery that is in dangerous proximity to such moving part. Sec 2. Whoever, either for himself, or superintendent, foreman. Penalty, overseer or other agent of another, violates the provisions of the preceding seotion, shall be punished by a fine of not less than ten nor more than twenty-five dollars, or shall be subject to impris- onment for a term not exceeding thirty days, or both at the dis- cretion of the court for each offense. Certain employments of children forMdden. (Page 516. Act No. 59, Acts of 1892.) Section 1. Any person who employs or exhibits or gives away Acrobatic, for the purpose of employing or exhibiting a child under fifteen etc., occupa- years of age, for the purpose of walking on a wire or rope, or *'°°^- riding or performing as a gymnast, contortionist or acrobat in any circus or theatrical exhibition or in any public place what- soever or who causes, procures or encourages any such child to engage therein, shall be punished by a fine, by any committing magistrate, of not less than ten dollars, nor more than twenty- 46 WOMAN AND CHILD LABOR LAWS LOUISIANA. five dollars or shall be subject to a term of imprisonment not ex- ceeding thirty days or both at the discretion of the court. License to be Sec. 2. No license shall be granted for a theatrical exhibition withheld. Qj. public show in which children under fifteen years age are em- ployed or [as] contortionists, acrobats, or in any feats of gymnast or equestrianism or where in the opinion of the mayor of a city or town authorized to grant licenses, such children are employed in such a manner as to corrupt their morals or impair their physical health. ACTS OF 1900. Act No. .5.5. — Employment of women. Time for SECTION 2. Hereafter all persons, firms or corporations doing lunch. business at retail in the State of Louisiana where female labor or female clerks are employed, shall be required to give every em- ployee each day, between the hours of ten (10) a. m. and three (3) p. m. not less than thirty (30) minutes for lunch or recreation. Penalty. Sec. 3. Whoever shall be found guilty of evading or disobeying any of the provisions of this act, shall be deemed guilty of a mis- demeanor, and upon arrest and conviction therefor shall be fined in a sum of not less than twenty-five ($25) dollars nor more than one hundred (.$100) dollars, and in default of the payment thereof shall be sentenced to imprisonment for a period not less than five (5) days nor more than six (6) months. ACTS OF 1904. Act No. 178. — Employtnent of irivcs ami children ichile men live in idleness. Who are va- SECTION 1. The several municipal corporations throughout the grants. State shall adopt ordinances declaring vagrants, and punishing as such, * * * (all persons able to work who do not work) but who live upon the wages or personal earnings of their wives or of their minor children ; * * * ACTS OF 1906. Act. No. 34. — Employment of tconicn and ehildren — Inspectio7i of factories, etc. Age limit. SECTION 1. No boy under the age of twelve years, and no girl under the age of fourteen years, shall be employed in any factory, mill, warehouse, workshop, or manufacturing establishment where the manufacture of any goods whatever is carried on, or where any goods are prepared for manufacturing. Hours of la- Sec. 2. No child or person under the age of eighteen years, and *""■• no woman, shall be employed in any factory, mill, warehouse, workshop, clothing, dressmaking or millinery establishment, or any place where the manufacture of any kind of goods is carried on, or where any goods are prepared for manufacturing, for a period longer than an average of ten hours in a day, or sixty hours in any week, and at least one hour shall be allowed in the labor period of each day for dinner. Seats to be Sbc. 3. Every person who shall employ any female in any fac- provided. tory, mill, warehouse, manufacturing establishment, workshop, or store, shall provide suitable seats, chairs, or benches, for the use of the females so employed, which shall be so placed as to be acces- sible to said employees, and shall permit the use of such seats, chairs or benches by them when they are not necessarily engaged in the active duties for which they are employed. Dressing Sec. 4. Every factory, mill, manufacturing establishment, work- rooms, etc. siiop, warehouse or store in which five or more persons are em- ployed, and every such institution in wliich two or more children, young persons, or women, are employed, shall be supplied with proper wash and dressing rooms, and kept in a cleanly state and WOMAN AND CHILD LABOR LAWS LOUISIANA. 47 free from effluvia arising from any drain, privy, or other nuisance, and slaall be provided, witliin reasonable access, vi^ith a sufficient number of proper water-closets, earth closets or privies, for the reasonable use of the persons employed therein, at least one of such closets for each twenty-five persons employed, and wherever two or more persons, and one or more female persons, are em- ployed as aforesaid, a sufficient number of separate and distinct water-closets, earth closets or privies, shall be provided for the use of each sex, and plainly so designated, and no person shall be allowed to use any such closet or privy assigned to persons of the other sex. Sec. 5. Stairways with substantial hand rails shall be provided Stairways in factories, mills, and manufacturing establishments, for the bet- ^'^° "oors. ter safety of persons employed in said establishments. Wherever practicable the dooi's of such establishments shall swing out- wardly, or slide, as ordered by the factory inspector, and it shall be neither locked, bolted, or fastened during working hours. Sec. 6. In incorporated cities and towns the mayor, with the con- Inspector, sent of the council, and in parishes the police jury, shall appoint a factory Inspector, who may be either male or female, to see that the regulations of this act are observed, and also to prosecute all persons who shall violate the same. Such inspector shall be paid a salary of not more than seven hundred and fifty dollars ($750) per annum. Said factory inspectors are hereby empowered to visit and inspect, at all reasonable hours, the factories, mills, manufac- turing establishments, workshops and other establishments in this State, where the manufacture of goods is carried on, and all stores employing ten or moife. persons. It shall also be the duty of the factory inspectors to enforce all the provisions of this act, and to prosecute for all violations of the same before any magistrate, in any court of competent jurisdiction in this State, in the city or town, in which the said inspector is appointed and in which he exercises his powers. Sec. 7. Any person who shall violate any of the provisions of Penalty, this act shall be deemed guilty of an offense for each violation thereof, and upon conviction for the same, shall be punished by a fine of not less than ten nor more than twenty-five dollars, or by imprisonment in the parish jail (parish prison in New Orleans) not more than thirty days, or both, in the discretion of the court. Sec. 9. The word "person" wherever used in this act shall be "Person" deemed to mean firms and corporations as well as individuals. defined. Sec. 11. This act shall apply only to cities and towns in this Application of State having a population of ten thousand or more persons and law. shall take effect from and after January 1st, 1907. Nothing con- tained in this act shall be construed to apply to domestic or agricultural laborers or industries. MAINE. REVISED STATUTES OF 1903. Chaptek 40. — Employment of women and children. Section 48. No female minor under eighteen years of age, no Hours of la- male minor under sixteen years of age, and no woman shall bet"""- employed in laboring in any manufacturing oi- mechanical estab- lishment in the State, more than ten hours in any one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week ; and in no case shall the hours of labor exceed sixty in a week ; and no male person sixteen years and over shall be so employed as above, more than ten hours a day during minority, unless he voluntarily contracts to do so with the consent of his parents, or one of them. If any, or guardian, and in such case he shall receive extra com- 48 "WOMAN AND CHILD LABOR LAWS MAINE. Proviso. pensation for his services : Provided, however. That any female of eighteen years of age or over, may lawfully contract for such labor for- any number of hours in excess of ten hours a day, not exceeding six hours in any one week or sixty hours in any one year, receiving additional compensation therefor; but during her minority, the consent of her parents,' or one of them, or guardian, shall be first obtained. Time sched- Seo. 49. Every employer shall post in a conspicuous place in ule to be post- every room where such persons are employed, a notice printed in plain, large type, stating the number of hours' work required of them on each day of the .week, the exact time for commencing work in the morning, stopping at noon for dinner, commencing after dinner, and stopping at night ; the form of such printed notice shall be furnished by the inspector of factories, workshops, mines and quarries, and shall be approved by the attorney-general. And the employment of any such person for a longer time in any day than that so stated, shall be deemed a violation of the pre- ceding section, unless it appears that such employment is to make up for time lost on some previous day of the same week, in conse- quence of the stopping of machinery upon which such person was employed or dependent for employment. Penalty. Sec. 50. Whoever, either for himself, or as superintendent, over- seer or agent of another, employs or has in his employment any person in violation of the provisions of section forty-eight, and every parent or guardian who permits any minor to be so employed, shall be punished by a fine of not less than twenty-five, nor more than fifty dollars for each offense. A certificate, of the age of a minor made by him and by his parent or guardian at the time of his employment, shall be conclusive evidence of his age in behalf of the hirer, upon any prosecution for a violation of the. provi- sions of section forty-eight. Whoever falsely makes and utters such a certificate with an Intention to evade the provisions of this chapter relating to the employment of minors, shall be subject to a fine of one hundred dollars. Age limit. Sec. 52 (as amended by chapter 46, Acts of 1907). No child under fourteen years of age, shall be employed in any manufac- turing or mechanical establishment in the State. Whoever, either for himself, or as superintendent, overseer or agent of another, employs or has in his employment any child in violation of the provisions of this section, shall be punished by a fine of not less than twenty-five, nor more than fifty dollars for each offense. Certificate. Sec. 53 (as amended by chapter 46, Acts of 1907). Any child over fourteen years of age, and under sixteen years of age, apply- ing for employment in any manufacturing or mechanical estab- lishment in this State, or any person applying in his behalf, shall produce and present to the owner, superintendent or overseer of such establishment a certified copy of the town clerk's record of the birth of such child, or a certified copy of his baptismal record showing the date of his birth, or his passport showing said date of birth, and without the production and presentation of said town record, baptismal record or passport, such child shall not receive the employment applied for. The employer shall retain such town record, baptismal record or passport and shall Issue to such child a certificate containing the name of the child, the name of his parents, if living, or guardian, if any, with the residence of said child, parent or guardian, and such other facts as may be required by the inspector of factories, workshops, mines and quarries, which certificate shall be furnished in blank by said inspector and shall be approved as to form by the attorney-general. The em- ployer shall furnish to said inspector a copy of each certificate thus issued immediately after the issuance of the original, which copy shall be retained by the inspector upon a file prepared for that purpose. When such child leaves such employment the employer shall return to such child the copy of town record, bap- tismal record or passport furnished by him as aforesaid and shall immediately notify said Inspector that such child has left his employment, and the date of such leaving. The inspector of fac- WOMAN AND CHILD LABOR LAWS MAINE. 49' torles, workshops, mines and quarries, or eitlier of liis assistants, may demand the names of the children under sixteen years of age employed in such establishment, in the several cities and towns of the State, and may require that the certificates of age prescribed in this section, shall be produced for his inspection, and a failure to produce the same, shall be prima facie evidence that the em- ployment of such child is illegal. Sec. 54 (as amended by chapter 40. Acts of 1907). The penal- Penalties, ties provided by section fifty-two of this chapter shall apply to all provisions of section fifty-three. It shall be the duty- of the in- spector of factories, worlcshops, mines and quarries, and of his assistants to investigate and prosecute all violations of the pro- visions of the two preceding sections. Sec. 55 (as amended by chapter 46, Acts of 1907). Nothing in Application the seven preceding sections shall apply to any manufacturing"* '^'''■ establishment or business, the materials and products of which are perishable and require immediate labor thereon, to prevent decay thereof or damage thereto : Provided, however, The employ- ment of children therein shall be under the supervision of said inspector who shall on complaint investigate the sanitary condi- tions, hours of labor and other conditions detrimental to children and if in his .judgment he finds detrimental conditions to exist, he may, in conjunction with the municipal officers of the town or city of which the complaint is made, prohibit the employment of chil- dren therein until such conditions are removed. Chapteh 63. — Earnings of married loomeii. Section 3. She [a married woman] may receive the wages of Earningssep- her personal labor, not performed for her own family, maintain an ^""^'^ property, action therefor in her own name, and hold them in her own right against her husband or any other person. ACTS OF 1905. Chapter 123. — Certain employments of children forhidden. Section 9. No person shall employ or cause to be employed. Mendicant, exhibit, use or have in custody, or train for use, employment or ™p'^°^^';'Q^g«*<=- exhibition, any child under sixteen years of age, and no parent, guardian or other person, having care, custody and control of such child, shall procure or permit the training, use, employment o exhibition of any such child, in begging or soliciting or receiving alms in any manner or under any pretense, or in any illegal, inde- cent or immoral exhibition or practice, or in any exhibition of any such child when insane or idiotic, or when possessing any deform- ity and unnatural physical formation, or in any practice, exhibi- tion or place dangerous or injurious to the life, limb, health or morals of such child. Whoever offends against the provisions of this section shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding sixty days. MARYLAND. CODE OF PUBLIC GEJNERAL LAWS, 1903. Aeticle 27. — Seats for female employees. Section 147A (as amended by chapter 287. Acts of 1904). All Seats t„ ^ proprietors or owners of any retail, jobbmg or wholesale dry goods proviaea.- store notion, millinery or any other business where any female salespeople or other female help are employed for the purpose of serving the public, shall provide a chair or stool for each one of such female help, in order that when they are not actively en- gaged in making sales or taking stock or in performing such other duties as they may have been engaged to perform, they shall have 7054—07 4 50 "WOMAN AND CHILD LABOR LAWS MARYLAND. an opportunity to rest, and they shall not be forbidden to avail themselves of such opportunity. Any such ovi'ner or proprietor who shall neglect or refuse to obey the provisions of this section shall be considered to have committed a misdemeanor, and shall, upon conviction thereof, be fined in an amount not less than ten dollars nor more than one hundred dollars for the first ofilense; and in the event that such proprietor or owner shall continue to disobey the provisions of this section, he shall be subject to a fine at the rate of one dollar a day, daily, for every chair or stool he fails to So furnish his said employees. It shall be the duty of the board or department of health or health commissioner or com- missioners of the cities and towns in the State to cause this sec- tion to be enforced, and whenever any of its provisions are violated, to cause all violators thereof to be prosecuted, and for that purpose the health commissioner or commissioners and the officer or officers of the board of health of every city and town in the State, or the inspectors thereof, or any other persons desig- nated by such board of health or health commissioner or commis- sioners are authorized and empowered to visit and inspect at all I'easonable hours and as often as shall be practicable and necessary all mercantile establishments in the city or town in which the office of the said board or department of health or health com- missioner or commissioners is situated, and it shall be unlawful for any person to interfere with or obstruct any such inspecting official while in performance of his or her duties or to refuse to properly and truthfully answer questions made pertinent by this section when asked by such inspecting official. Article 27. — Bours of labor of chihlreit — Certain employments forbidden — Employment of iroinen as waiters. Hours of la- Section 217. No child under sixteen years of age shall be em- °'^' ployed in laboring more than ten hours a day in any manufactur- ing business or factory established in any part of the State, or in any mercantile business in the city of Baltimore. Misdemeanor. Sec. 218. Any person who shall so employ a child or suffer or permit such employment shall be guilty of a misdemeanor. Definition. Sec 219. The word " suffer or permit," includes every act or omission whereby it becomes possible for the child to engage in such labor. Acrobatic, Sec. 309. Any person having in his custody or control a child etc", oCTupa-™'^®'' ^^^ '^Se of fourteen years who shall in any way dispose of tlons.' it with a view to its being employed as an acrobat, or a gymnast, or a contortionist, or a circus rider, or a ropewalker, or in any exhibition of like dangerous character, or as a beggar or mendi- cant, or street singer, or street musician, and any person who shall take, receive, hire, employ, use, exhibit or have in custody any child under the age last named for any of the purposes herein enumerated shall be deemed guilty of a misdemeanor and when convicted thereof shall be subject to punishment by fine of not more than one hundred dollars, or by imprisonment for a term not exceeding ninety days in jail, or both. [See section 398, below.] Employment Sec. .311. No person shall employ a minor under sixteen years in saloons, etc. of age in handling intoxicating liquors, or in handling packages containing intoxicating liquors, in any brewery or bottling estab- lishment where intoxicating liquors are prepared for sale or offered for sale. Penalty. Sec. .S12. Whoever violates the provisions of section 311, shall be guilty of a misdemeanor, and on conviction thereof shall in the discretion of the court be fined a sum not less than ten dollars nor more than one hundred dollars, or be imprisoned in jail for not less than five nor more than thirty days, in default of payment of said fine. Peddling, Sec. 313. No person engaged in performing upon any musical ^^- instrument in, upon or near to any street, lane, alley or highway, or engaged in selling, vending or disposing of any goods, wares or WOMAN AND CHILD LABOR LAWS — MARYLAND. 51 merchandise in, upon or near to any street, lane, alley or high- way, or engaged in any business, occupation or calling in, upon or near to any street, lane, alley or highway, and not having a fixed store, shop or place of business at which so engaged, shall have in his possession or company while so engaged, any boy or girl under the age of eight years ; and any person violating the provisions of this section shall be punished by a fine not exceeding ten dollars for each and every such offense. Sec. 371. It shall not be lawful for any proprietor, lessee cr Employment manager of any theater, museum or other place of amusement to jf women in employ women or girls as waiters, or to permit them to act in i'"=aters, etc. such theater or place of amusement, or among the audience or frequenters of such theater or place of amusement as waiters, or for the purpose or under the pretense of selling, serving, receiving orders or pay for spirituous or malt liquors, wines, lager beer or any other refreshments or merchandise. Sec. 398. Any person having in his care, custody or control Mendicant, any child under the age of sixteen years, whether as parent, guar- etc., occupa- dian, relative, employer or otherwise, who shall sell, apprentice or t'""^- give away, let out or otherwise dispose of any such child to any person under any name, title or pretense whatever, and any person, whether as parent, guardian, relative, employer or otherwise, who shall take, receive, hire, employ, use or have in custody any such child for the vocation, use, occupation, calling, service or purpose of singing, playing on musical instruments, rope wallcing, danc- ing, peddling, begging or any mendicant or wandering busi- ness whatsoever shall be deemed guilty of a misdemeanor, and upon conviction thereof before ,any competent tribunal to which such person may be committed for trial, shall be fined not less than fifty nor more than two hundred and fifty dollars, or be im- prisoned in a county jail for not less than thirty days nor more than a year, or suffer both such fine and imprisonment in the dis- cretion of the said tribunal ; one-half of all fines so imposed to be paid to the informer. [See section 309, above.] Article 45. — Earnings of married women. Section i. * * * All the property which she [a married Earnings sep- woman] may acquire or receive after her marriage, * * * by ^^'^^^ property, her own slsill, labor or personal exertions, * * * shall be pro- tected from the debts of the husband, and not in any way be liable for the payment thereof ; * * * Article 56. — Employment of minors in barrooms. Section 97. It shall not be lawful for any person, or for any Employment club or association, or for any corporation now formed or here- prohibited, after to be formed, or for any officer, agent or employee of any such club, association or corporation, to hire or employ any minor to sell or dispense anywhere in the State any beer or spirituous or fermented liquors of any kind at retail, where such beer or liquors are to be drunk upon the premises. Any person violating any provision of this section shall upon conviction be fined a sum not exceeding one hundred dollars. Aeticlb 77. — Employment of children — Allegany County and Baltimore City. , Section 160. No proprietor or owner of any mill or factory in j*^ertificates Allegany County or the city of Baltimore, other than establish- ^ ■ ments for manufacturing canned goods, or manager, agent, fore- man or other person in charge thereof, shall employ or retain in employment in any such mill or factory any person or persons under sixteen years of age, unless he procures af the time of such 52; "WOMAN AND CHILD LABOR LAWS— MARYLAND. employment or retention in employment, and keeps on file and. accessible to the attendance oflScers of said city or county where such minor is employed, a certificate of the principal or head teacher of the school which such child last attended, stating that Age limit. such child is more than twelve years of age, and a like certificate of the parent or guardian, or other person having control of such child ; but the first named certificate need not be procured if such child has not attended school in this State. He shall require such certificates, shall keep them in his place of business during the time the child is in his employment, and shall show the same dur- ing his business hours to any attendance ofiicer who may demand to see them, or either of them ; and for each failure to comply with any of the provisions of this section he shall be guilty of a misde- meanor, and shall be fined not exceeding one hundred dollars. Whoever continues to employ any such child under sixteen years of age, in violation of this section, after being notified of such viola- tion by an attendance ofiicer, shall for every day thereafter that such unlawful employment continues be fined not less than five nor more than twenty dollars, in addition to other penalties pre- scribed by this section for such offenses. A failure to produce on demand to an attendance ofiicer any certificate required by this section shall be prima facie evidence that the child, who is or should have been mentioned in the said certificate, is thus unlaw- fully employed. Duty of pa- Sec. 161. It shall be the duty of every parent, guardian or other rents, etc. person having control of a child under sixteen years of age, and of every principal or head teacher of said school where such child last attended, to furnish every employer of such child the certifi- cates required by the preceding section. Such certificates, if in substantial conformity with the requirements of that section, shall be prima facie evidence of the facts required to be certified to as therein provided. False state- gEc. 162. Any parent or guardian or other person having control ™^° ®" of a child, or principal or head teacher who shall make any will- fully false statement respecting any of the facts required to be certified to as provided in sections 160 and 161 of this subtitle, shall be deemed guilty of a misdemeanor, and shall be fined not more than fifty dollars, or to [sic] be imprisoned not more than thirty days, or suffer both fine and imprisonment in the discretion of the court. Illiterates. Sec. 163. No person shall employ any minor over twelve and less than sixteen years of age, and no parent, guardian or other person having control of a child, shall permit to be employed or retained in employment any such minor under his control, if the said minor can not read at sight and write legibly simple sentences in the English language while a public evening school is maintained in the city or election district or precinct in which such minor resides, unless such, minor is a regular .■'ittendant at an evening or other school : Provided, That upon presentation by such minor of a cer- tificate signed by a regular practicing physician, and satisfactory to such officer or officers as the school commissioners for such county or city may designate, showing that the physical condition of such minor would render such attendance, in addition to daily labor prejudicial to health, said officer or ofiicers so designated may issue a permit authorizing the employment of such minor for such period and upon such conditions as said officer or officers so desig- nated as aforesaid may determine. Any person who employs or retains.in employment a minor in violation of the provisions of this . section shall be deemed guilty of a misdemeanor and be fined for each offense not more than one hundred dollars, which fines shall be paid to the school commissioners for use in supporting evening schools in such city or county. Any parent, guardian or other person having control of a child, who permits to be employed any minor under his control in violation of the provisions of this section, shall be deemed guilty of a misdemeanor and be fined not more than twenty dollars,* which fines shall be also paid to the WOMAN AND CHILD LABOR LAWS ^MAKYLAND. 53 school commissioners for use In supporting evening schools in such city and county. Sec. 164. In said city or county where attendance officers may Enforce- have been appointed, it shall be the duty of the school commis- ™e°t- sioners to designate an attendance officer, who shall once or more frequently in every year examine into the situation of the children employed in such mills and factories in said city or county, and to ascertain whether all the provisions of this subtitle are duly ob- served and report all violations thereof to the grand jury of the said city or county. Sec. 165. Attendance officers may visit all establishments where Duties of of- minors are employed in said city or county and ascertain whether fleers, any minors are employed therein contrary to the provisions of this subtitle. Attendance officers may require that the certificates pro- vided for in this subtitle of minors employed in such establishments shall be produced for their inspection. Sec. 166. Any person violating any provision of sections 152-165, Penalty, where no special provision as to the penalty for such violation is made shall be deemed guilty of a misdemeanor, and be fined not exceeding fifty dollars for each offense. Sections 152-166 are re- stricted to Baltimore City and Allegany County. Akticle 100. — Hours of labor — Cotton and woolen manufactures. Section 1. No corporation or manufacturing company engaged Ten hours a in manufacturing either cotton or woolen yarns, fabrics or domes- •'^y'® work, tics of any kind, incorporated under the laws of this State, and no officer, agent or servant of such named corporation or manufac- turing company, and no person or firm owning or operating such corporation or manufacturing company within the limits of this State, and no agent or servant of such firm or person shall require, permit or suffer its, his or their employees in its, his or their service, or under his, its or their control, to work for more than ten hours during each or any day of twenty-four hours for one full day's work and shall make no contract or agreement with such employees or any of them : ProvMed. That they or he shall work for more than ten hours for one day's work during each or any day of twenty-four hours and said ten hours shall constitute one full day's work. Sec. 2. Any such named corporation or manufacturing company Male adult within the limits of this State shall be allowed, under the pro- employees, visions of this section, the privilege of working male employees, over the age of twenty-one years over the limit of ten hours for the express purpose only of making repairs and improvements and getting fires made, steam up and the machinery ready for use in their works, which can not be done during the limits of the ten hours ; the extra compensation for all such work to be settled between such corporation and manufacturing companies and the employees : Provided, That nothing in this article shall be so con- strued as to prohibit any employer from making a contract with his male employees, over the age of twenty-one years, to work by the hour for such time as may be agreed upon. Sec. 3. If any such corporation or manufacturing company penalty, within the limits of this State, or any officer, agent or servant of such corporation or manufacturing company in this State shall do any act in violation of any of the provisions of this article he or they shall be deemed to have been guilty of misdemeanor and shall, on conviction thereof in a court of competent jurisdiction, be fined not less than one hundred dollars for each and every offense so committed, together with the cost of such prosecution, * * * Abticle 100. — Employment of children — Age limit. Section 4 (as amended by chapter 192, Acts of 1906). No pro- Age limit. prietor, owner, superintendent, manager, or foreman, or other subordinate or agent of any mill, factory, workshop, office, res- 54 WOMAN AND CHILD LABOR LAWS MARYLAND. Exception. Permits. By whom is- sued. Evidence. taurant, hotel, apartment house, store, telephone or telegraph office, or other establishment or business shall, after the first day of September, in the year 1906, employ for wages or hire, or retain in employment in any such mill, factory, workshop, office, restaurant, hotel, apartment house, store, telephone or telegrapli office, or other establishment or business, any person or persons under twelve (12) years of age, except in the counties, from June 1st to October 15th, in every year. Sec. 5 (added by chapter 192, Acts of 1906). No child- between the age of twelve (12) and sixteen (16) shall be employed, per- mitted or suffered to worlv in any offices, establishment or busi- ness mentioned in the preceding section unless the person or corporation employing him or her produces and keeps on file and accessible to the inspectors authorized by this act and the attend- ance officer of the public schools, an employment permit, and keep a complete list of all such children employed therein on file, end in the case of children employed in factories, workshops, mills or messenger service, a duplicate of said list shall be conspicuously posted near the principal entrance of the building in which such children are employed. Sec. 6 (added l)y chapter 192, Acts of 1906). The employment permit for all employments in Baltimore City under the provisions of this act shall be issued by the JIaryland Bureau of Statistics and Information, and for employment in other cities or in the counties of this State, by any member of the board of health or principal health officer of the city or county in which the employ- ment is sought. Sec. 7 (added by chapter 192, Acts of 1906). The employment permit shall not be issued unless satisfactory evidence is furnished by duly attested transcript of the certificate of birth or baptism of such child, or other religious records, or the register of birth, or the affidavit of the parent or guardian or custodian of the child, which latter affidavit shall be required, however, only in case it Is certified by the proper authorities that the birth certificate showing the place and date of birth of such child is not on record, which affidavit must be taken before the officer issuing the employ- ment permit, who is hereby authorized and required to administer such oath and who shall not demand or receive a fee therefor. Sec. 8 (added by chapter 192, Acts of 1906). The employment permit shall read as follows ; employment permit. Certificate. The birth certificate giving the name, date and place of (name of child) is attached hereto. (If there be no birth certificate, then a certificate to that effect, i. e., that there is none from the proper authorities of the city or county where said child was born, shall be attached. ) This certifies that I am the father, mother, guardian or custodian of (name of child) and that (he or she) was born at (name of town or city) in the county of (name of county) and State of , on the day of , in year , and is now (number of years and months) old. Signature of (father, mother, guardian or custodian. ) Signature of child. (Date.) There personally appeared before me the above-named (name of •father, mother, guardian or custodian of) and made oath that the aforegoing certificate by (him or her) signed, is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing certificate of (name of child), height (feet and inches), eyes (color), complexion (fair or dark), hair (color) ; having no sufficient reason to doubt that (he or she) is of the age therein certified I hereby certify that (he or she) can read at sight and write legibly simple sentences in the English language, and that (he or she) has reached the normal develop- ment of a child of (his or her) age, and is in sound health and is WOMAN AND CHILD LABOR LAWS ^MARYLAND. 55 physically able to perform the work which (he or she) intends to do. This certificate belongs to (name of child in whose behalf it is drawn) and is to be surrendered to (him or her) whenever (he or .she) leaves the service of the corporation or employer holding the same ; but if not claimed by said child within thirty days from such time it shall be returned to the Maryland Bureau of Statis- tics and Information (if the employment be ih Baltimore City) or the board of health or principal health officer of (if the employ- ment be in any of the counties or other cities outside of Baltimore City). Signature of (person authorized to prove and sign with official character or authority.) Date . A duplicate of each employment permit shall be filled out and kept on file by the Maryland Bureau of Statistics and Information or board of health or principal health officer of the county or city outside of Baltimore City, as the case may be. Sec. 9 (added by chapter 192, Acts of 1906). Whoever employs a child in violation of the provisions of this act, and whoever having under his or her control a child, permits such child to be employed in violation of the provisions of this act, shall for such ofCense be fined not less than five (5) nor more than fifty ($50) dollars, and whoever continues to employ any child in violation of the provisions of this act, after being notified by an inspector authorized by this act or an attendance officer of the public schools, shall for every day thereafter that such employment con- tinues be fined not less than five (5) nor. more than twenty ($20) dollars. A failure to produce to an inspector authorized by this act or an attendance officer of the public schools any employment permit or list required by this act shall be prima facie evidence of illegal employment of any person whose employment permit is not produced, or whose name is not so listed. Any corporation or employer retaining any employment permit in violation of the provisions of this act shall be fined ten ($10) dollars. Every per- son authorized to sign the employment permit prescribed in this act who knowingly certifies to any materially false statement therein shall be fined not more than fifty ($50) dollars. The chief of the Maryland Bureau of Statistics and Information or any member of the board of health or principal health officer of any county or city outside of Baltimore City is hereby authorized to sign the employment permit mentioned herein and to administer the necessary oath without cost to the applicant. Sec. 10 (added by chapter 192, Acts of 1906). The inspectors authorized by this act and the attendance officers of the public schools may visit any officer, establishment or place of -business contemplated by this act throughout the State of Maryland and city of Baltimore and ascertain Whether any minors are employed therein contrary to the provisions of this act, and they shall re- port any cases of such illegal employment or other violations of this act to the justice of the peace having criminal jurisdiction in the locality where such illegal employment or other violations of this act occur, and which justices of the peace shall have full authority to try and determine all cases arising under this act. Inspectors authorized by this act, and the attendance officers of the public schools may require that the employment permits and lists provided for in this act of minors employed in any such office, establishment or business, shall be produced for their in- spection. They shall also be authorized to require a birth cer- tificate or other record evidence of the date of birth of any child, which they have reason to believe is being employed contrary to the provisions of this act, to be produced by either parents, guard- ian or custodian of said child, and in the absence of such record evidence of the date of birth of such child, they may require an affidavit from either parent, guardian or custodian of such child as to its age, name, place and date of birth. Sec. 12 (added by chapter 192, Acts of 1900). This act shall not include farm labor. Penalty. Enforcement. Farm labor. 56 "WOMAN AND OHILD LABOR LAWS MARYLAND. ClODE OF PUBLIC LOCAL LAWS, 1888. Article 1. — Fjiiiploiiiiiciit of iroiiien aiul children in mines. Employment Section 209n (added by chapter 124, Acts of 1902). Subsec. H.. prohibited. No person under the age of twelve years, or female of any age, shall be permitted to enter any mine to worli therein ; nor shall any boy under the age of fourteen years, unless he can read and write, be allowed to work in any mine. And the mine boss shall see that this requirement is fully met Abticle 4. — Seats for female employees — Baltimore-. Seats to be Section 505 (as amended by chapter 589, Acts of 1900). Every provided. employer of females and mercantile or manufacturing establish- ment in the city of Baltimore must provide and maintain suit- able seats for the use of such employees. A person is deemed not to maintain suitable seats for the use of female employees unless he permits the use thereof by such employees to such extent as may be reasonable for the preservation of health and proper rest, and the question of what is thus reasonable is one for determina- tion liy the juiy or the court acting as a jury in any prosecution hereunder. Penalty. Sec 506 (Revision of 1898: Chapter 12.3, Acts of 1898). Any violation of the preceding section by any employer shall be deemed a misdemeanor, and shall be punishable by a fine of one hundred and fifty dollars, to be collected as other fines are collected. MASSACHUSETTS. REVISED LAWS OF 1902. Chapter 44. — EmiiJoinnent of cJiihlren unlawfully absent from Kvhool. School tendance. Proviso. Section 1 (as amended by chapter 320, Acts of 1905, and chap- ter 383, Acts of 1906). Every child between seven and fourteen years of age, and every child under sixteen years of age who can not read at sight and write legibly simple sentences in the English language, shall attend some public day school in the city or town in which he resides during the entire time the public day schools are in session, subject to such exceptions as to children, places of attendance and schools as are provided for in section three of chapter forty-two and sections three, five and six of this chapter [relating to towns having no high school, to attendance and place of residence, and to exclusion on account of contagious diseases]. The superintendent of schools or, if there is no superintendent of schools, the school committee, or teachers acting under authority of said superintendent or committee, may excuse cases of neces- sary absence. The attendance of a child upon a public day school shall not be required if he has attended for a like period of time a private day school approved by the school committee of such city or town in accordance with the provisions of the following section, or if he has been otherwise instructed for a like period of time in the branches of learning required by law to be taught in the public schools, or if he has already acquired such branches of learning, or if his physical or mental conditon is such as to render such attendance inexpedient or impracticable. Every per- son having under his control a child as described in this section shall cause him to attend school as herein required ; and if he fails for five day sessions or ten half-day sessions within any period of six months while under such control to cause such child, whose physical or mental conditon is not such as to render his attendance at school harmful or impracticable, so to attend school, he shall, upon complaint by a truant officer and conviction thereof, be punished by a fine of not more than twenty dollars : Provided, hoivvvcr. That no physical or mental condition which is capable WOMAN AND CHILD LABOR LAWS — MA8SACHD8ETT8 57 of correction, or which renders the child ii fit subject for special instruction at public charge in institutions other than the public day schools, shall avail as a defense under the provisions of this section unless it shall be made to appear that the defendant has employed all reasonable measures for the correction of the condi- tion, or the suitable instruction of the child. Whoever induces or attempts to induce a child to absent himself unlawfully from school, or employs or harbors a child who, while school is in session, is absent "unlawfully from school shall be punished by a fine of not more than fifty dollars. Chapter 65. — Employment of cMldren in street trades. Section 17 (as amended by chapter 151, Acts of 1906). The Bootblacks, mayor and aldermen or selectmen may make regulations relative ^*-'^- to the exercise of the trade of bootblacking by minors and to the sale by minors of any goods, wares or merchandise the sale of which is permitted by section fifteen, and may prohibit such sales or such trade, or may require a minor to obtain from them a license therefor to be issued on terms and conditions prescribed in such regulations: Provided, That in the case of persons under the age of fourteen years in the cities of the Commonwealth the fore- going powers shall be vested in and exercised by the school com- mittees of said cities. A minor who sells such articles or exercises such trade without a license if one is required or who violates the conditions of his license or any of the provisions of said regulations shall be punished by a fine of not more than ten dollars for each offense. Chapter 100. — Employment of minors in 'barrooms, etc. Section 60. Whoever, being the holder of a license for the sale Employment of intoxicating liquors to be drunk on the premises, employs any '" saloons, person under the age of eighteen years to serve such liquors to be dmnk on the premises shall be punished by a fine of not more than one hundred dollars. Sec. 61. Whoever employs a minor under the age of eighteen ■^"?Pe°^i"fil* years in handling intoxicating liquors or packages containing such etc. '' ^ "" ' liquors in a brewery or bottling establishment in which such liquors are prepared for sale or offered for sale shall, for each offense, be punished by a fine of not less than fifty dollars or by imprisonment for not less than three months, or by both such fine and imprisonment. The provisions of this section shall not pro- hibit the employment of minors in drug stores. Chapter 106. — Employment of women and children. Section 8. The following words and phrases as used in all laws Definitions, relative to the employment of labor shall, unless a different meaning is plainly required by the context, have the following meanings : " Bleaching works " shall mean any premises in which the process of bleaching yarn or cloth of any material is carried on. " Dyeing works " shall mean any premises in which the process of dyeing yarn or cloth of any material is carried on. " Factory " shall mean any premises where steam, water or other mechanical power is used in aid of any manufacturing process there carried on. " Glass works " shall mean any premises in which the manufac- ture of glass is carried on. " Iron works " shall mean a mill, forge or other premises in or upon which any process is carried on for converting iron into malleable Iron, steel or tin plate, or for otherwise making or con- VGrtinff sIggI, " Letterpress establishments " shall mean any premises in which the process of letterpress printing is carried on. 58 WOMAN AND CHILD LABOR LAWS — "MASSACHUSETTS. " Mercantile establishments " shall mean any premises used for the purposes of trade in the purchase or sale of any goods or merchandise, and any premises used for the purposes of a restau- rant or for publicly providing and serving meals. " Paper mills " shall mean any premises in which the manufac- ture of paper is carried on. " Person " shall mean an individual, corporation, partnership, company or association. " Print works " shall mean any premises in which is carried on the process of printing figures, patterns or designs upon cotton, linen, woolen, worsted or silken yarn or cloth, or upon any woven or felted fabric which is not paper. " Public building " shall mean any building or premises used as a place of public entertainment, instruction, resort or assemblage. " School house " shall mean any building or premises in which public or private instruction is afforded to not less than ten pupils at one time. " Woman " shall mean a woman eighteen years of age or over. " Workshop " shall mean any premises, room or place, which is not a factory as above defined, wherein manual labor is exercised by way of trade or for purposes of gain in or incidental to a process of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place the employer of the persons working therein has the right of access or control ; but the exercise of such manual labor in a private house or private room by the family dwelling therein or by any of them or, if a majority of the persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition. " Young person " shall mean a person of the age of fourteen years and under the age of eighteen years. Hours of la- Seo. 23 (as amended by chapter 397, Acts of 1904). No child tile '"esTablisS under eighteen years of age and no woman shall be employed in ments ; laboring in a mercantile establishment more than fifty-eight hours in a week. Every employer shall post in a conspicuous place in every room in which such persons are employed a printed notice stating the number of hours' work which are required of them on each day of the week, the hours of commencing and stopping such work, and the hour when the time or times allowed for dinner or other meals begin and end. The printed form of such notice shall be furnished by the chief of the district police and shall be ap- proved by the attorney-general. The employment of any such per- son for a longer time in any day than that so stated shall be deemed a violation of the provisions of this section. An employer, super- intendent, overseer or other agent of a mercantile establishment who violates any of the provisions of this section shall be punished by a fine of not less than fifty nor more than one hundred dollars. In manufac- Sec. 24 (as amended by chapter 435, Acts of 1902). No child turlng estab- under eighteen years of age and no woman shall be employed iu s men . laboring in a manufacturing or mechanical establishment more than ten hours in any one day, except as hereinafter provided in this section, unless a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week ; and in no case shall the hours of labor ex- Schedule to ceed fifty-eight in a week. Every employer shall post in a con- be posted. spicuous place in every room in which such persons are employed a printed notice stating the number of hours' work required of them on each day of the week, the hours of commencing and stop- ping work, and the hours when the time allowed for meals begins and' ends or, in the case of establishments exempted from the pro- visions of sections thirty-six and thirty-seven, the time, if any, allowed for meals. The printed forms of such notices shall be provided by the chief of the district police, after approval by the attorney-general. The employment of such person at any time other than as stated in said printed notice shall be deemed a viola- tion of the provisions of this section unless it appears that such employment was to make up time lost on a previous day of the WOMAN AND CHILD LABOR LAWS MASSACHUSETTS. 59 same week in consequence of the stopping of machinery upon which he was employed or dependent for employment ; but no stopping of machinery for less than thirty consecutive minutes shall justify such overtime employment, nor shall such overtime employment be authorized until a written report of the day and hour of its occurrence and its duration is sent to the chief of the district police or to an inspector of factories and public buildings. A law whicli merely prohibits a woman's being employed in any manu- facturing establishment more than a certain number of hours per day or week is within the power of the legislature to enact. 120 Mass. 383. The section applies only to such persons as are permanently employed. 130 Mass. 33. Sec. 25. A parent or guardian who permits a minor under his Penalty, control to be employed in violation of the provisions of the two preceding sections and any person, who, either for hims«^lf or as superintendent, overseer or agent for another, employs any person in violation of the provisions of said sections or fails to post the notice required by the preceding section or makes a false report of the stopping of machinery under the provisions of said section shall be punished by a fine of not less than fifty nor more than one hundred dollars. A certificate of the age of a minor, made and sworn to by him and by his parent or guardian at the time of his employment in a mercantile establishment, shall be prima facie evidence of his age in any prosecution under the provisions of this section. Sec 27. No person, and no agent or officer of a person or corpo- Night work, ration, shall employ a woman or minor in any capacity for tlie purpose of manufacturing between ten o'clock at night and six o'clock in the morning. Whoever violates the provisions of this section shall be punished by a fine of not less than twenty nor more than fifty dollars for each offense. Sec. 28 (as amended by chapter 267, Acts of 1905). 1. No child Age limit. under the age of fourteen years and no child who is over fourteen and under sixteen years of age who does not have a certificate as required by the following four sections certifying to the child's ability to read at sight and to write legibly simple sentences in the English language shall be employed in any factory, workshop or mercantile establishment. No child under the age of fourteen years shall be employed at work performed for wages or other compensation, to whomsoever payatjie, during the hours when the Night work, public schools of the city or town in which he resides are in ses- sion, or be employed at work before six o'clock in the morning or after seven o'clock in the evening. 2. No certificate as provided for by Sections twenty-nine to illiterates. thirty-two inclusive of chapter one hundred and six of the Revised Laws shall be approved by any person for a minor under the age of sixteen years who intends to be employed in a factory, work- shop or mercantile establishment, unless such person is satisfied that such minor is able to read at sight and to write legibly simple sentences in the English language. Sec. 29. No child under sixteen years of age shall be employed Certificates. In a factory, workshop or mercantile establishment unless his em- ployer procures and keeps on file, accessible to the truant ofiicers of the city or town, and to the district police and inspectors of factories and public buildings, an age and schooling certificate and keeps two complete lists of all such minors employed therein, one on file, and one conspicuously posted near the principal entrance of the building in which such children are employed, and also keeps on file and sends to the superintendent of schools or, if there is no superintendent, to the school committee a complete list of the names of all minors employed therein who can not read at sight and write legibly simple sentences in the English language. Sec. 30. An age and schooling certificate shall be approved only Who may ap- by the superintendent of schools or by a person authorized by him vrove. in writing, or, if there is no superintendent of schools, by a person authorized by the school committee; but no member of a school committee or other person authorized as aforesaid shall approve ticket. 60 WOMAN AND CHILD LABOR LAWS — MAS8A0HUBETTS. such certificate for any minor then in or about to enter his own employment or the employment of a firm or corporation of which he is a member, officer or employee. The person who approves the certificate may administer the oath provided for therein, but no fee shall be charged therefor. Evidence. Sec. 31 (as amended by chapter 213, Acts of 1905). An age or schooling certificate shall not be approved unless satisfactory evidence is furnished by a certificate of birth or baptism of such minor, or by the register of birth of such minor with a city or town clerk, that such minor is of the age stated in the certificate, except that other evidence, under oath, may be accepted in case the superintendent or person authorized by the school committee, as provided in the preceding section, decides, that neither the cer- tificate of birth or baptism, nor the register of birth is available for the purpose. Employment g^c. 32. The age and schooling certificate of a minor under six- teen years of age shall not be approved and signed until he pre- sents to the person who is authorized to approve and sign it an employment ticlcet duly filled out and signed. A duplicate of each age and schooling certificate shall be filled out and shall be kept on file by the school committee. Any explanatory matter may, in the discretion of the school committee or superintendent of schools, be printed with such certificate. The employment ticket and the age and schooling certificate shall be separately printed, and shall be filled out, signed and held or surrendered, as indicated in the following forms : EMPLOYMENT TICKET, BEVTSED LAWS, C. 106, SEC. 32. When [name of minor], height [feet and inches], complexion [fair or dark], hair [color], presents an age and schooling certifi- cate duly signed, I intend to employ [him or her]. (Signature of intending employer or agent) (Town or city and date.) AGE AND SCHOOLING CEBTIFICATE, REVISED LAWS, O. 106, SEC. 32. Age and This certifies that I am the [father, mother, guardian or custo- Hfl°°t'°^ '^^''" dian] of [name of minor], and that [he or she] was born at [name ''^ ^' of city or town], in the county of [name of county, if known], and State [or country] of , on the [day and year of birth], and is now [number of years and months] old. (Signature of father, mother, guardian or custodian.) (City or town and date.) Then personally appeared before me the above-named [name of person signing], and made oath that the foregoing certificate bs [him or her] signed is true to the best of [his or her] knowledge and belief. I hereby appi-ove the foregoing certificate of [name of minor], height [feet and inches], complexion [fair or dark], hair [color], having no sufficient reason to doubt that [he or shej is of age therein certified. I hereby certify that [he or she] [can or can not] read at sight and [can or can not] write legibly simple sentences in the English language. This certificate belongs to [name of minor in whose behalf it is drawn], and is to be surrendered to [him or her] whenever [he or she] leaves the service of the corporation or employer holding the same ; but if not claimed by said minor within thirty days from such time, it shall be returned to the superintendent of schools, or, if there is no superintendent of schools, to the school committee. (Signature of person authorized to approve and sign, with offi- cial character or authority.) (City or toysfn and date.) WOMAN AND CHILD LABOR LAWS MASSACHUSETTS. 61 In the ease of a minor who can not read at sight and write legibly simple sentences in the English language, the certificate shall continue as follows, after the word " language " : — I hereby certify that [he or she] is regularly attending the [name] public evening school. This certificate shall continue in force only so long as the regular attendance of said minor at the evening school is endorsed weekly by a teacher thereof. Whoever, being authorized to sign the foregoing certificate, knowingly certifies to any materially false statement therein shall be punished by a fine of not more than fifty dollars. Sec. 34. Truant ofiicers may visit the factories, workshops and Enforcement. mercantile establishments in their several cities and towns and ascertain whether any minors are employed therein contrary to the provisions of this chapter, and shall report any cases of such illegal employment to the school committee and to the chief of the district police or to the inspector of factories and public buildings. Inspectors of factories and public buildings and truant ofl3cers may require that the age and schooling certificates and lists of minors who are employed in such factories, workshops or mercan- tile establishments shall be produced for their inspection. Com- plaints for ofifenses under the x'rovisions of this chapter shall be made by inspectors of factories and public buildings. Sec. 35 (as amended by chapter 183, Acts of 1902). While a illiterates, public evening school is maintained in the city or town in which any minor who is over fourteen y.ears of age and who does not have a certificate signed by the superintendent of schools, or by the school committee, or by some person acting under authority thereof, certifying to the minor's ability to read at sight and write legibly simple sentences in the English language resides, no person shall employ him and no parent, guardian or custodian shall permit him to be employed unless he is a regular attendant at such evening Evening school or at a day school ; but, upon presentation by such minor schools. of a certificate signed by a registered practising physician and satisfactory to the superintendent of schools, or, if there is no such superintendent, to the school committee, showing that his physical condition would render such attendance in addition to daily labor prejudicial to his health, said superintendent or school committee shall issue a permit authorizing the employment of such minor for such period as said superintendent or school com- mittee may determine. Said superintendent or school committee, or teachers acting under authority thereof, may excuse any absence from such evening school which arises from justifiable cause. Any minor not holding the certificate described above shall furnish to his employer a record of his school attendance each week while the evening school is in session, and when this record shows uneicused absences from the sessions his attendance shall be deemed irregular according to this act. Whoever employs a minor in violation of the provisions of this section shall forfeit not more than one hundred dollars for each offense to the use of the evening schools of such city or town. A parent, guardian or custodian who permits a minor under his control to be employed in violation of the provisions of this section shall forfeit not more than twenty dollars to the use of the evening schools of such city or town. , . rr. - . Sec. 36. Women and young persons, five or more m number, who Tim e for are employed in the same factory shall be allowed their meal times at the same hour, except that any such persons who begin work in such factory at a later hour in the morning than other such per- sons employed therein may be allowed their meal times at a dif- ferent time; but no such persons shall be employed during the regular meal hour in tending the machines or doing the work of any other women or young persons in addition to their own. Sec. 37. No woman or young person shall be employed for more Continuoua than six hours at one time in a factory or workshop in vvhich five employment- or more such persons are employed without an interval of at least half an hour for a meal ; but such person may be so employed for 62 "WOMAN AND CHILD LABOR LAWS MASSACHUSETTS. not more than six and one-half hours at one time if such employ- ment ends not later than one o'clock in the afternoon and if he or she is then dismissed from the factory or workshop for the re- mainder of the day; or for not more than seven and one-halt hours at one time if he or she is allowed sufficient opportunity for eating a lunch during the continuance of such employment and If such employment ends not later than two o'clock in the after- noon, and he or she is then dismissed from the factory or work- shop for the remainder of the day. Exemptions. Sec. 38. The provisions of the two preceding sections shall not apply to ironworks, glassworks, paper mills, letterpress estab- lishments, print works, bleaching works or dyeing works; and the chief of the district police, if it is proved to his satisfaction that in any other class of factories or workshops it is necessary, ' by reason of the continuous nature of the processes or of special circumstances affecting such class,, to exempt it from the pro- visions of the two preceding sections and that such exemption can be made without injury to the health of the women or young per- sons affected thereby, may, with the approval of the governor, issue a certificate granting such exemption, public notice whereof shall, without expense to the Commonwealth, be given in the man- ner directed by said chief. Working Sec. 39. If a minor under the age of eighteen years or a woman without orders, gjjaii, without the orders, consent or knowledge of the employer or of a superintendent, overseer or other agent of the employer, labor in a manufacturing or mechanical establishment, factory or workshop during a part of any time allowed for meals in such establishment, factory or workshop, according to the notice re- quired by section twenty-four, and if a copy of such notice was posted in a conspicuous place in the room where such labor was performed with a rule of the establishment, factory or workshop forbidding such minor or woman to labor during such time, then neither the employer nor a superintendent, overseer or other agent of the employer shall be held responsible for such labor. Penalty. Sec. 40. Whoever either for himself or as a superintendent, over- seer or agent violates the provisions of the four preceding sec- tions shall be punished by a fine of not less than fifty nor more than one hundred dollars. \ Seats for fe- Sec. 41. A person who employs females in any manufacturing, males. mechanical or mercantile establishment shall provide suitable seats for their use and shall permit the use of such seats liy them when they are not necessarily engaged in the active duties of their employment. Whoever violates the provisions of this section shall be punished by a fine of not less than ten nor more than thirty dollars for each offense. Children Sec. 42. Whoever, either for himself or as superintendent, over- tag" machl^ryi ^^^^ *"■ ^Sent permits a child under fourteen years of age to clean ' any part of the machinery in a factory, if it is in motion by the aid of steam, water or other mechanical power, or if it is in dangerous proximity to such moving part, shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offense. Manufacture Sbc. 44. The State board of health shall, upon the application of of acids. ^jjy citizen of the Commonwealth, determine, after such investi- gation as it considers necessary, whether or not the manufacture of a particular acid is dangerous or injurious to the health of minors under eighteen years of age ; and its decision shall be con- clusive evidence thereof. Whoever employs a child under eighteen years of age in the manufacture of an acid after the State board of health has determined that such manufacture is dangerous or injurious to his health shall be punished by a fine of one hundred' dollars for each offense. Acrobatic, Sec. 45. No person shall employ, exhibit or sell, apprentice or tlons °'^''^^^' give away, a child under fifteen years of age for the purpose of employing or exhibiting him in dancing on the stage, playing on musical instruments, singing, walking on a wire or rope, or riding WOMAN AND CHILD liABOR LAWS MASSACHUSETTS. 63 or performing as a gymnast, contortionist or acrobat in a circus, theatrical exhibition or in any public place, or cause, procure or encourage such child to engage therein ; but the provisions of, this section shall not prevent the education of children in vocal' and instrumental music or dancing or their employment as musicians In a church, chapel, school, or school exhibition, or prevent their taking part in any festival, concert or musical exhibition upon the special written permission of the mayor and aldermen of a city or of the selectmen of a town. Whoever violates the provi- sions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months. Sec. 46. A license shall not be granted for a theatrical exhibi- Licenses for tion or public show in which children under fifteen years of age ^°°^^- are employed as acrobats or contortionists or in any feats of gymnastics or equestrianism, or in which such children who belong to the public schools are employed or allowed to take part as performers on the stage in any capacity, or if, in the opinion of the board authorized to grant licenses, such children are em- ployed in such a manner as to corrupt their morals or impair their health ; but the provisions of this section shall not prevent the granting of special permission' authorized by the preceding section. Sec. 47. Every factory in which five or more persons are em- Sanitation of ployed, and every factory, workshop, mercantile or other establish- factories, ment or office in which two or more children, under eighteen years of age or women are employed, shall be kept clean and free from effluvia arising from any drain, privy or nuisance, and shall be provided, within reasonable access, with a sufficient number of proper water-closets, earth closets or privies ; and wherever two or more males and two or more females are employed together, a sufficient number of separate water-closets, earth closets or privies shall be provided for the use of each sex, and plainly so designated ; and no person shall be allowed to use a closet or privy which is provided for persons of the other sex. Sec. 48. The owner, lessee or occupant of any premises which (,f,^'l°g*'' ™ are used as described in the preceding section shall make the changes necessary to conform thereto. If such changes are made upon the order of an inspector of factories and public buildings by the occupant or lessee of the premises, he- may, within thirty days after the completion thereof, bring an action against any other person who has an interest in such premises, and may re- cover such proportion of the expense of making such changes as the court adjudges should justify and equitably be borne by the defendant. j * Sec 49. If it appears to an inspector of factories and Public ^^^,0^^^ a m buildings that any act, neglect or fault in relation to any drain water-closet, earth closet, privy, ash pit, water supply, nuisance or other matter in a factory or workshop included under the pro- visions of section forty-seven, is punishable or remediable under the provisions of chapter seventy-flve or any other law relative to the preservation of the public health, but not under the pro- visions of this chapter, he shall give notice in writing thereof to the board of health of the city or town in which such factory or workshop is situated, and such board of health shall thereupon inquire into the subject of the notice and enforce the laws relative thereto. , . . „. Sec 50. A criminal prosecution shall not be mstituted against a Time aliow- persoii for a violation of the provisions of sections forty-seven '^°<=«- and forty-eight until four weeks after notice in writing by an inspector of factories and public buildings of the changes neces- sary to be made to comply with the provisions of said sections has been sent by mail or delivered to such person, nor if such changes shall have been made in accordance with such notice. A notice shall be sufficient under the provisions of this section if JNotice. given to one member of a firm, or to the clerk, cashier, secretary, 64 WOMAN AND CHILD LABOR LAWS MA8SA0HU8BTT8. agent or any other officer who has charge of the business of a corporation or to its attorney ; and in case of a foreign corpora- tion, to the officer who has the charge of such factory or workr sbop'i and such officer shall be personally liable for the amount of any fine if a judgment against the corporation is returned unsatisfied. Ventilation. Sec. 51. A factory in which five or more persons and a work- shop in which five or more women or young persons are employed shall, while work is carried on therein, be so ventilated that the air shall not become so impure as to be injurious to the health of the persons employed therein and so that all gases, vapors, dust or other impurities injurious to health, which are generated In the course of the manufacturing process or handicraft carried on therein shall, so far as practicable, be rendered harmless. Same sub- Sec. 52. If, in a \yorkshop or factory which is within the pro- ject, visions of the preceding section, any process is carried on by which dust is caused which may be inhaled to an injurious extent by the persons employed therein, and it appears to an inspector of factories and public buildings that such Inhalation would be sub- stantially diminished without unreasonable expense by the use of a fan or by other mechanical means, such fan or other mechanical means, if he so directs, shall We provided, maintained and used. Time allow- Sec. 53. A criminal prosecution shall not be instituted for any ''°'^®' violation of the provisions of the two preceding sections unless such employer neglects, for four weeks after the receipt of a notice in writing, to make such changes in his factory or workshop as shall be ordered by an inspector of factories and public buildings. Deductions Sec. 69. Deductions shall not be made from the wages of women from wages. aug minors who are paid by the day or hour, and are employed in manufacturing or mechanical establishments, for time during which the machinery is stopped, if said women and minors are refused the privilege of leaving the mill while the damage to said machinery is being repaired ; and if such employees are detained In their workrooms during the time of the breaking down of machinery, they shall not be compelled. to make up time lost by such breakdown unless they are compensated therefor at their regular rates of wages. Whoever violates the provisions of this section shall be punished by a fine of not more than twenty dol- lars for each offense. Penalty. Sec. 70. Whoever, violates a provision of this chapter for which no specific penalty is provided shall be punished by a fine of not more than one hundred dollars. Chapter 153. — Earnings of married women. Earnings sep- Section 4. Work and labor performed by a married woman for a arate property, person other than her husband and children shall, unless there is an express agreement on her part to the contrary, be presumed to be performed on her separate account. ACTS OF 1902. Chaptbe 350. — Employment of children on elevators. Age limit ol Section 1. All elevators for the carriage of freight or passen- 18 years ; gg^g^ running at a speed of more than one hundred feet a minute, saall be operated by competent persons not less than eighteen years of age, and no other person shall operate or have the care or charge of such an elevator. 16 years Sec. 2. No elevator for the carriage of freight or passengers shall be operated by or placed in charge of any person under sixteen years of age. Penalty. Sec. 3. Any person, firm or corporation violating any provision of this act by operating or causing an elevator to be operated or to be taken care or charge of in any manner contrary to the. pra- visions of this act shall be punished by a fine of not less than twenty-five nor more than one hundred dollars for each offense. WOMAN AND CHILD LABOR LAWS MASSACHUSETTS. 65 ACTS OF 1906. Chaptek 284. — Employment of children — WorJc on Saturdays. Section 1. The ability to read at siglit and. to write legibly sim- Literacy de- ple sentences in the English language, wliich is required by chapter fined. two hundred and sixty-seven of the acts of the year nineteen hun- dred and five, amending section twenty-eight of chapter one hun- dred and six of the Revised Laws, as a condition of the employment of certain minors in factories or otherwise, shall be construed as meaning, in the year nineteen hundred and six, such ability to read and write as is required for admission to the second grade, in the year nineteen hundred and seven such as is required for admis- sion to the third grade, and in the year nineteen hundred and eight and thereafter such as is required for admission to the fourth grade of the public schools of the city or town in which such minors live. Sec. 2. Minors to whom the said chapter two hundred and Work on Sat- sixty-seven applies shall be permitted to work on Saturdays be- urdays. tween the hours of six in the morning and seven in the evening, in mercantile establishments. Chapter 463 — Paet III. — Street railways — Allowing, newsboys on cars. Section 89. If a: street railway company, its agent or servant. Newsboys un- allows a child under the age of ten years to enter upon or into any der 10. of its cars for the purpose of selling newspapers or other articles therein or offering them for sale, it shall forfeit fifty dollars for each offense, which shall be recovered by any person by an action brought within three months after the offense has been committed. Chapter 499. — Employment of children — Requirements as to age. etc. — Enforcement. Section 1. Whoever employs a minor under the age of sixteen Illegal em- years, and whoever procures or, having under his control a minor 5'°^"^°*- under such age.-permits such minor to be employed in violation of the provisions of sections twenty-eight or twenty-nine of chapter one hundred and six of the Revised Laws, as amended by chapter two hundred and sixty-seven of the acts of the year nineteen hundred and five [relative to requirements as to age and school attendance], shall for each offense be punished by a fine of not Penalty, more than three hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment ; and whoever continues to employ a minor in violation of the pro- visions of either of said sections as so amended, after being notified thereof by a truant oflicer or by an inspector of factories and public buildings, shall for every day thereafter while such employment continues be punished by a fine of not less than twenty nor more than one hundred dollars, or by imprisonment for not more than six months. Sec. 2. Inspectors of factories and public buildings shall visit all Enforcement. factories, worlsshops and mercantile establishments within their respective districts, and ascertain whether any minors are em- ployed therein contrary to the provisions of chapter one hundred and six of the Revised Laws and amendments thereof or additions thereto or contrary to the provisions of this act, and shall enter complaint against whomever is found to have violated any of said provisions. Any injector of factories and public buildings who Isnowingly and willfully violates any provision of this section may be punished by a fine of not more than one hundred dollars. Sec. 3. A truant officer may apprehend and take to school, with- Same subject, out a warrant, any minor under the age of sixteen years who is employed in any factory, workshop or mercantile establishment in violation of the provisions of sections twenty-eight or twenty-nine 7054—07 5 66 WOMAN AND CHILD LABOR LAWS MASSACHUSETTS. of chapter one hundred and six of the Revised Laws, and of any amendments thereof or addition thereto, and such truant officer shall forthwith report to the police, district or municipal court or trial justice within whose judicial district the illegal employment occurs, the evidence In his possession relating to the illegal employ- ment of any child so apprehended, and shall make complaint against whomever the court or trial justice may direct. Any truant officer who knowingly and willfully violates any provision of this section may be punished by a fine of not more than one hundred dollars for each offense. Lists may be gsc. 4. Inspectors of factories and public buildings, and truant Inspected. officers may require that the age and schooling certificates and lists of minors who are employed in factories, workshops or mer- cantile establishments shall be produced for their inspection. A failure to produce to an inspector of factories and public buildings or to a truant officer an age and schooling certificate or list required by law shall be prima facie evidence of the Illegal employ- ment of any person whose age and schooling certificate is not pro- duced or whose name is not so listed. A corporation or other employer or any agent or officer thereof, who retains an age and schooling certificate in violation of the provisions of said certificate shall be punished by a fine of not less than ten nor more than one hundred dollars. Jurisdiction. Sec. 5. Police, district and municipal courts and trial justices shall have 'jurisdiction of offenses arising under the provisions of this act. A summons or warrant issued by any such court or justice may be served, at the discretion of the court or magistrate, by an inspector of factories and public buildings, or by a truant officer, or by any officer qualified to serve criminal process. MICHIGAIT. COMPILED LAWS OF 1897. Judgments for tvages of female employees — Escemptions — Attor- ney's fee. No statutory SECTION 900. No property, except as exempted by the State con- exemptions, stitution, shall be exempt from levy or sale, under an execution, issued upon a judgment obtained before any justice of the peace, for work, labor, or services done or performed by any woman, when such amount does not exceed the sum of twenty-five dollars. Fee. exclusive of costs. * * * In addition to all other costs allowed by law, the plaintifC in any such suit shall recover an attorney's fee of five dollars, * * *. Employment of females in barrooms, etc. Employment Section'5361. No person shall employ any girl or woman as bar- prohibited. keeper, or to serve liquors, or to furnish music, or for dancing in any saloon, or barroom where spirituous or intoxicating liquors, or malt, brewed or fermented liquors are sold or kept for sale. Same subject. Sec. 5362. No girl or woman shall be employed to tend bar, serve liquors, to dance or furnish music in any saloon or barroom where spirituous or intoxicating liquors, or malt, brewed or fermented liquors are sold or kept for sale. Females not Sec. 5363. No keeper or proprietor of a saloon where spirituous P|p™'"®'' *"'"■ intoxicating liquors or malt, brewed or fermented liquors are sold or kept for sale shall permit any girl or woman to tend bar, serve liquors, dance or furnish music for hire in his saloon or bar- Proviso, room : Provided, That this act shall not be so construed as to pre- vent the wife or other females who are bona fide members of the family of a proprietor of a saloon from tending bar or serving liquors in his saloon. WOMAN AND CHILD LABOR LAWS MICHIGAN. 67 Sec. 5364. Any person who shall violate any of the provisions of Penalty, this act shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be punished by a flue not to exceed fifty dollars and costs of prosecution, or by imprisonment in the county jail for a term not to exceed thirty days, or by both such fine and imprison- ment, in the discretion of the court. Seats for female employees. Section 5373. All persons who employ females, in stores, shops. Seats to be offices or manufactories, as clerks, assistants, operatives or helpers provided, in any business, trade or occupation carried on or operated by them, shall be required to procure and provide proper and suit- able seats for all such females, and shall permit the use of such seats, rests or stools as may be necessary, and shall not make any rules, regulations or orders preventing the use of such stools or seats, when such female employees are not actively employed In their work in such business or employment. Sec. 5374. If any employer of female help shall neglect or refuse Penalty, to provide seats as provided in this act, or shall make any rules, orders or regulations in their shops, stores or other places of busi- ness requiring females to remain standing when not necessarily employed In service or labor therein, they shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be liable to a fine therefor, in a sum not to exceed twenty-five dollars, with costs, in the discretion of the court. Certain employments of children forbidden. Section 5553. Any person having the care, custody, or control Acrobatic, of any child under sixteen years of age, who shall exhibit, use or ™ gu^ations''*'^'' employ, or who shall apprentice, give away, let out or otherwise dispose of any such child to any person in or for the vocation, service or occupation of rope or wire wallting, gymnast, contor- tionist, rider, or acrobat, dancing or begging, in any place what- soever, or for any obscene, indecent, or immoral purpose, exhibition or practice whatsoever, or for any exhibition injurious to the health or dangerous to the life or limb of such child, or who shall cause, procure, or encourage such child to engage therein, and any person who shall take, receive, hjre, employ, use, exhibit, or have in custody any such child for any of the purposes mentioned in this section, shall be deemed guilty of a misdemeanor. Sec. 5557. Any person who shall sell, give away, or in any way Sales, etc., of furnish to any minor child any book, pamphlet, or other printed certain books; paper or other thing, containing obscene language, or obscene prints, pictures, figures or descriptions tending to the corruption of the morals of youth, or any newspapers, pamphlets or other printed paper devoted to the publication of criminal news, police reports, or criminal deeds, and any person who shall in any manner hire, use, or employ such child to sell, give away, or in any manner Bmplo ying distribute such books, pamphlets, or printed papers, and any ver- ^^^'^'^^'^ *° son having the care, custody, or control of any such child, who shall permit him or her to engage in any such employment, shall on conviction thereof be deemed guilty of a misdemeanor. ACTS OF 1899. Act No. 202. — Employment of women at polishing and grinding. Section 7 (added by act No. 172, Acts of 1905). No female shall Employment be employed in operating or using any of the wheels or belts prohibited, specified In section one of this act [wheels or emery belts of any description, * * * either leather, leather covered, felt, canvas paper, cotton or wheels or belts rolled or coated with emery or corundum, or cotton, wheels used as buffs]. 68 WOMAN AND CHILD LABOR LAWS MICHIGAN- ACTS OF 1901. Act No. 113. — Employment of children. Hours of la- SECTION 1. No male under the age of eighteen years and no tor. female under the age of twenty-one years shall be employed in any manufacturing establishment in this State for any longer period than sixty hours In one week unless for the purpose of making necessary repairs to machinery in order to avoid the stop- page of the ordinary running of the establishments, and no male under the age of eighteen years and no female under the age of twenty-one years shall be employed in any store in this State employing more than ten persons for a longer period than sixty hours in one week : Provided, That no more than ten hours shall be exacted from such male minors or females under twenty-one years on any day unless for the purpose of making a shorter work day on the last day of the week. Age limit. Sec 2 (as amended by act No. 171, Acts of 1905). No child under the age of fourteen years shall be employed, permitted or suffered to work in any theater, concert hall or place of amusement where intoxicating liquors are sold or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or workshop, telegraph or messenger service within this State. It shall be the duty of every person employing children to keep a register in which shall be recorded the name, birthplace, age and place of residence of every person employed by him or her under the age of sixteen years and Night wofli:. no child shall be employed between the hours of six o'clock p. m. and seven o'clock a. m. in any manufacturing establishment or Illiterates, workshop in tliis State and it shall be unlawful for any mercantile institution, store, office, hotel, laundry, manufacturing establish- ment, bowling alley, workshop, telegraph or messenger service or any person coming within the provisions of this act to hire or employ any child under the age of sixteen years without there is Certificates, first provided and placed on file a sworn statement made by the parent or guardian, stating the age, date and place of birth of said child and that the child can read and write the English language.: Provided, hou'ecer. That if said child has been born in a foreign country, not having been a resident of the United States for three years prior to the application for permit to be employed between the age of fourteen and six.teeu years a permit shall be issued to said child upon proof that said child can read and write. If said child have no parent or guardian then said statement shall be made by the child, which statement shall be kept on file by the employer, and be returned to the child upon leaving his employ, and which said register and statement shall be produced for in- spection on demand of any factory inspector appointed under this act: Provided, That in the city of Detroit and the city of Grand Rapids all sworn statements shall be made before a deputy factory inspector. D^angerous Sec. 3. No child under the age of sixteen years shall be employed occupations"'^'' ^^ '^^^ person, firm or corporation conducting any manufacturing establishment in this State, at employment whereby its life or limb is endangered, or its health is likely to be injured, or its morals may be depraved, by such employment. No female under the age of twenty-one years and no male under the age of eighteen years shall be allowed to clean machinery while in motion. The employment of a minor in violation of this statute is negligence, and the employee does not assume the risk of injury. 105 N. W. Rep. 755. Physical fit- Sec. 4. Factory inspectors shall have power to demand a certifi- °«^s- cate of physical fitness from the county physician, who shall make such examination free of charge, in the case of persons who seem physically unable to perform the labor at which they may be em- ployed, and shall hare power to prohibit the employment of any person that can not obtain such a certificate : Provided, This sec- tion shall not apply except to children under sixteen years of age. WOMAN AND CHILD LABOR LAWS MICHIGAN. 69 ACTS OF 1903. Act No. 106. — Tender to children of employment away from home. Section 1. * * * It shall be unlawful for any person to Consent of make a tender of inducement to go away from the home locality nuir|(f *^ ^^' to work, to any child under sixteen years of age unless the written consent of the parents of such child has been first obtained, as well as the consent of the truant officer or county agent of the board of corrections and charities for the locality where said child belongs ; and in case such ^consent is obtained and the child goes abroad under the influence of the inducements so offered, such child under sixteen years of age shall be safely returned to its home at any time when its parents shall request, in writing, such return. * * * Sec. 3. Every person found guilty of violating the provisions of Penalty, this act shall be punished by a fine not exceeding twenty-five dol- lars or by imprisonment of not less than ten nor more than sixty days. MINNESOTA. EE VISED LAWS OP 1905. Hours of labor — Children. Section 1798. Unless a shorter time be agreed upon, the Ten hours a standard day's work for hire shall be ten hours. Every employer ^^ ^ labor, and other person having control who shall compel any person, or who shall permit any minor under the age of fourteen, to labor more than ten hours in any one day, sliall be guilty of a misde- meanor, but persons over fourteen may labor extra hours for extra pay; and this section shall not apply to farm laborers, to Exceptions, domestic servants employed by the week or month, or to persons engaged in the care of live stock. Seats for female employees. Section 1802. Every employer of females in any mercantile, ^^.^t^, *" ^^ manufacturing, hotel, or restaurant business, and every agent in P'"o'>'i"ea- charge of any such business, shall provide and maintain suitable seats in the room where they work, and permit such use thereof by them as may be necessary for the preservation of their health. Sec. 1803. The certificate or testimony of any licensed and Violations. practicing physician to the effect that, in his opinion, any person is not complying with the provisions of Sec. 1802 in respect to a specified employee, shall be prima facie evidence of a violation thereof. The labor commissioner, upon information of any such violation, shall forthwith cause the matter to be 'brought to the attention of the proper authorities, and assist in procuring evi- dence thereof ; but this shall not prevent any one else from making complaint and furnishing evidence, nor interfere with any State or county oflicer in the performance of his duty. Employment of children. Section 1804. No child under fourteen years of age shall be Age limit, employed at any time in any factory or workshop or about any mine; nor shall he be employed in any mercantile establishment, or in the service of a telegraph, telephone, or messenger company, except during the vacation of the public schools. No child under sixteen shall be employed at any time in an occupation dangerous to life health or morals, or at any labor, outside of the family in which he resides, before 6 o'clock a. m., or after 7 o'clock p. m. Night work. Nor shall he be so employed for more than ten hours in any day, or sixty hours in any week; except that on Saturdays and for ten ^Honrs of la- davs prior ti Christmas he may be so employed until 10 o clock p m but not longer in any day or week than the hours aforesaid. 70 WOMA.N AND CHILD LABOR LAWS MINNESOTA. Physical fit- Sec. 1805. In the ciise of any child appearing to be unable to ■^^s^- perform the labor at which he is employed, any member or em- ployee of the bureau of labor may require the employer to pro- duce a certiflcate from some reputable practicing physician of the physical fitness of the child for such work. And a child as to whom such certiflcate can not be obtained shall not be employed. Operating Sec. 180(>. No person shall employ or permit any child under the elevators. j^gg qj sixteen years to have the care, management, or operation of any elevator, or permit any minor under eighteen years to manage or operate any elevator capable of running over two hun- dred feet per minute. Employment Sec. 1807. Except as provided in Sec. 1808, no child under six- during scliool teen years of age shall work for hire during the hours in which ''°"''^' the public schools in the place of his residence are in session, unless since his last birthday he shall have attended school at least twelve weeks, six of them in succession ; nor shall he be so hired at any indoor occupation, except in vacation of the public schools, or while he is a daily attendant at some day or evening school, unless he can write and read simple sentences in English. Children of Sec 1808. Whenever it appears upon investigation that the dependent fam- jjij^q^ qj j^ minor, who would be barred from employment under the lirovisions of Sec. 1807, is necessary for his support, or that of the family to which he belongs, the school board or school trustees of the place where he resides may issue a permit authorizing his employment within certain hours to be fixed therein. Illiteratea. Sec. 1800. No child under sixteen years shall be employed in any factory, workshop, or mercantile establishment, or in the service of any public telegraph, telephone, district messenger company, or other like corporation, unless the employer shall keep on file the certificate herein required, and a complete list of such employees. Certificates. Such certificate shall be executed by the school superintendent, where there is one, or by some person authorized by him in writ- ing ; elsewhere, by a member of the school board, authorized so to do by its vote. It shall state the name, date and place of birth, and the age of the child, and that he can read at sight, and write in a legible hand, simple English sentences ; or that he is a regular attendant at some school, or during the past twelve months has attended school as required by law, or has been lawfully excused therefrom. Attendance at a private school shall be certified to by the teacher thereof on this certificate. The labor commissioner shall prepare and furnish to school superintendents and board! the necessary blanks. Factories, Sec. 1810. Every factory, workshop, mine, mercantile establish- visi'ted"'^'' raent, or other place in or in connection with which children are engaged at labor of any kind, shall at all times be subject to visita- tion by the members or agents of the board of education, or by the governing body of the nmnicipality in which such place of labor is situated. Penalty. Sec 1811. Every parent or guardian of a child under sixteen years of age who shall permit the employment of such child con- trary to the provisions of this chapter, and every owner, super- intendent, or overseer of any place of labor who shall employ or permit to be employed therein any child contrary to said provi- sions, or who shall refuse to allow the visitation permitted by law, shall be guilty of a misdemeanor. Failure to produce to any ofiicer or employee of the bureau of labor, or member or author- ized agent of a school board or governing body of the city or dis- trict in which such child is employed, on demand, the certificate and list required by law to be kept, shall be prima facie evidence of illegal employment. Failure on the part of an employer to obtain the lemployment certifi- cate prescribed by this act (Sections 1804 to 1811) Is a violation of the statute, and entitles a plaintiff to a remedy for the negligent acts of the employer. Violation of the law, with consequent injury from the s dangerous machinery in use in the defendant's mill was properly held to ' be prima facie, but not conclusive evidence of the plalntifC's right to pe- ) cover. 97 N. W. Rep. 137. WOMAN AND CHILD LABOR LAWS MINNESOTA. 71 Sec. 1812. Any parent or guardian claiming tlie wages of a Wages pay- minor In service shall so notify his employer, and if he fails so to ^^g^j,*" ™'°<"^' do, payment to the minor of wages so earned shall be valid. Dressing rooms, etc.. for female employees. Section 1818. Every factory, mill, and worlvshop shall be kept Sanitation of clean and free from effluvia arising from any sewer, drain, or factories, etc. privy ; be properly ventilated ; and provided with privies for the separate use of male and female employees, properly screened, and at all times kept in a sanitary condition. Whenever the labor performed is such as to require a change of clothing, separate dressing rooms shall be provided for the sexes. Earnings of minors — Exemption from execution. Section 4317. No property hereinafter mentioned shall be liable . Minor's earn- to attachment, or sale on any final process, issued from any court : °^^ e^emp . ***** 17. The earnings of the minor child of any debtor or the pro- ceeds thereof, by reason of any liability of such debtor not con- tracted for the special benefit of such minor child. * ' * * * * Certain employments of children proMMted — Overworlc. Section 4939. Every person who shall employ or cause to be Acrobatic, employed, exhibit, or have in his custody for exhibition or employ- ™cupa«ons. ment, any minor actually or apparently under the age of eighteen years ; and every parent, relative, guardian, employer, or other person having the care, custody, or control of any such minor, "who shall sell, let out, give away, or in any way ])rocure or con- sent to the employment of such minor — 1. As a rope or wire walker, dancer, gymnast, contortionist, rider, or acrobat ; 2. In begging, receiving alms, or in any mendicant occupation ; 3. In any indecent or immoral exhibition or practice; 4. In any practice or exhibition dangerous or injurious to life, limb, health, or morals ; 5. In labor of any kind outside the family of his residence ■before 7 o'clock a. m. or .after 6 o'clock p. m. ; or 6. As a messenger for delivering letters, telegrams, packages, or bundles to any known house of prostitution or assignation — Shall be guilty of a misdemeanor, and be punished by a fine of not less than fifty dollars, or by imprisonment in the county jail for not less than thirty days, or by both. ■ Sec. 4940. Every person who shall torture, torment, or cruelly ^^Compeuing or unlawfully punish any child under the age of sixteen years, etc. or shall compel any such child to labor more than ten hours in any day In a factory, workshop, or mercantile or manufacturing business, or who shall commit any act of cruelty toward such child, shall be guilty of a misdemeanor. MISSISSIPPI. CODE OF 1906. Enticing minors for purpose of emplofment. Section 1080. Any person who shall persuade, entice, or decoy Consent of away from its father or mother, with whom it resides, any child P^j^^^^nts ro- under the age of twenty-one years if a male, or eighteen if a female, being unmarried, for the purpose of employing such child without the consent of its parents, or one of them, shall, upon conviction be punished by a fine of not more than twenty dollars, or Imprisonment in the county jail not more than thirty days, or both. 72 WOMAN AND CHILD LABOR LAWS MISSISSIPPI. Employment of cnUilren while parents live in idleness. Who are va- Section 5055. The following persons are and shall be punished grants. ^g vagrants, viz. : ***'■* (m) All persons who are able to work and do not work, but hire out their minor children or allow them to be hired out, and live upon their wages. MISSOURI. REVISED STATUTES OP 1899. Employment of women in saloons, etc. Employment Section 2185. No owner, proprietor or keeper of any dramshop, prohibited. saloon or place where spirituous, malt or vinous liquors are sold at retail shall employ or suffer to be employed any female other than the wife, daughter, mother or sister of the owner, as a servant, bartender, waiter, dancer or singer in said dramshop or place where spirituous, malt or vinous liquors are sold at retail and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by imprisonment in the county jail not less than three nor more than twelve months, or by fine of not less than fifty nor more than five hundred dollars, or by both such fine and imprison- ment ; * * * Certain employments of children forbidden — Age limit. Acrobatic, SECTION 2186. It shall be unlawful for any person having the mendicant, etc., care, custody or control of any child under the age of fourteen occupations. yg^j-g ^^ exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out or otherwise dis- pose of any such child to any person in or for the vocation or occupation, service or purpose of singing, playing on musical in- struments, rope or wire walking, dancing, begging or peddling, or as a gymnast, contortionist, rider or acrobat in any place what- soever, or for any obscene, indecent or immoral purpose, exhibi- tion or practice whatsoever, or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage any such child to engage therein. Nothing In this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or at any respectable entertainment, or the teaching or learning the science or practice of music. Hiring, etc. Sec. 2187. It shall also be unlawful for any person to take, re- cinve, hire, employ, use, exhibit or have in custody any child under the age and for the purposes prohibited in section 2186 of this article. Penalty. Sec. 2188. Any person convicted under the provisions of the two preceding sections shall for the first offense be fined not exceeding one hundred dollars, or imprisoned in the county jail not exceed- ing three months, or both, in the discretion of the court, and upon conviction for a second or any subsequent offense, shall be fined in any sum not exceeding five hundred dollars, or im- prisoned in the penitentiary for a term not exceeding two years, or both, in the discretion of the court. Age limit In Sec. 2189. No child under the age of fourteen years shall be factories. employed in any manufacturing or mechanical establishment in this State wherein steam, water or any other mechanical power is used in the manufacturing process carried on therein, or. where the work to be done by such child would, in the opinion of two reputable physicians in the locality where such work Is to be done, be dangerous to the health of such child. Penalty. Seo. 2190. Any person, firm or corporation, or its agent, who employs, and any parent or person in charge of such child who WOMAN AND CHILD LABOR LAWS MISSOURI. 73 permits the employment of such child in violation of this article, shall be deemed guilty of a misdemeanor, and shall, upon con- viction, be fined not less than ten nor more than one hundred dollars, or imprisonment [imprisoned] in the county jail for a period of not less than two days nor more than ten days, or both fined and imprisoned, for each offense : Provided, That extreme Proviso, poverty of the parent, or person in charge of such child, shall be a good defense to such proceeding. Earnings of married women. Section 4340. All real estate and any personal property, includ- Earnings sep- ing rights in action, belonging to any vcoman at her marriage, or ^™t« property. which may have come to her during coverture, by gift, bequest or inheritance, or by purchase with her separate money or means, or be due as the wages of her separate labor, or has grown out of any violation of her personal rights, shall, together with all in- come. Increase and profits thereof, be and remain her separate property and under her sole control, and shall not be liable to be taken by any process of law for the debts of her hus- band. * * * Employment of women and children in factories. Section 6434. No minor or woman shall be required to clean Cleaning any part of the mill, gearing or machinery in any such establish- ^J'^^^JEIS^^ma- ment in this State, while the same is in motion, or worli between the fixed or traversing parts of any machine, while it is in motion by the action of steam, water or other mechanical power. A person requiring a minor to work at machinery of the kind interdicted by this section is guilty of negligence, and can not plead that the employee assumed the risk of injury. 96 S. W. Rep. 679. Sec. 6438. Every factory and workshop in this State where Roo™s to te women and children are employed, and where dusty work is car- ""^washed, ried on, shall be limewashed or painted at least once in every twelve months. Sec. 6440. In every factory, workshop or other establishment in Wash rooms this State where girls or women are employed, where unclean "'' ^° ^°' work of any kind has to be performed, suitable places shall be provided for such girls or women to wash and dress, and stairs in use by female employees shall in all such establishments be prop- erly screened. Sec 6441. Separate water-closets shall be provided for the use Water - clos- of employees of either sex in manufacturing, mechanical, mercan- ^t®- tile and other establishments in this State where persons of both sexes are employed. Sec. 6443. In every manufacturing, mechanical, mercantile and Seats for fe- other establishment in this State wherein girls or women are™|'6 employ- employed, there shall be provided and conveniently located seats sufficient to comfortably seat such girls or women, and during such times as such girls or women are not necessarily required by their duties to be upon their feet, they shall be allowed to occupy the seats provided. Sec. 6450. Any person or persons, firm or corporation, being the Penalty, owner, agent, lessee or occupant of any manufacturing, mechan- ical, mercantile or other establishment, business or calling in this State to- which this article applies, or any employee therein or thereat, who shall violate, or aid or abet in violating, any of the provisions of this article, shall be deemed guilty of a misdemeanor, and, upon conviction in any court of competent jurisdiction in this State, be fined for the first offense not less than twenty-five dollars Dor more than two hundred dollars, and for each subsequent offense, not less than one hundred dollars nor more than five hun- dred dollars, and, in default of payment of such fine and costs, shall be committed to the common jail of the county or city in \\hich the offense was committed until such fine and costs are fully paid. 74 WOMAN AND CHILD LABOR LAWS MISSOURI. Employment of women and children in mines. Section 8811 (as amended by act, page 211, Acts of 1901, and act, page 237, Acts of 1905). ***** Employment No male person under the age of fourteen years, or female of prohibited. any age, shall be permitted to enter any mine to work therein ; nor shall any boy under the age of sixteen years, unless he can read or write, be allowed to work in any mine. Any party or person neglecting or refusing to perform the duties required to be per- formed by the provisions of this article shall be deemed guilty of a misdemeanor, and punished by a fine in the discretion of the court trying the same, subject, however, to the limitations as pro- vided by * * * [statute]. Age of hoist- Sec. 8812. No owner, agent or operator of any mine operated by ing engineers, gjjaft or slope Shall place in charge of any engine whereby men are lowered into or hoisted out of the mines any but an experi- enced, competent and sober person not under eighteen years of age. * * * ^igM work of children in bakeries. Night work Section 10088. * * * No person under the age of sixteen prohibited. years shall be employed in any bake shop between the hours of nine o'clock at night and five o'clock in the morning. Employment of women and children in factories — Inspection. Sanitation. Section 10099. Every person employing five or more persons in a factory, or employing children, young persons or women, five or more in number, in a workshop, shall keep such factory or work- shop in a cleanly state and free from effluvia from any drain, privy or other nuisance. Water - clos- Sec. 10100. Every person employing five or more persons in a ets. factory or employing children, young persons or women, five or more in number, in a workshop, shall provide, with reasonable access, a sufficient number of proper water-closets, earth closets or privies, for the reasonable use of all persons so employed ; and wherever male and female persons are employed in the same fac- tory or workshop, a sufficient number of separate and distinct water-closets, earth closets or privies shall be provided for the use of each sex, and shall be plainly designated ; and no person shall be allowed to use any such closet or privy assigned to persons of the other sex. Ventilation. Sec. 10101. Every factory in which five or more persons are employed, and every workshop in which children, young persons or women, five or more in number, are employed, shall be so ven- tilated while work is carried on therein that the air shall not become so exhausted as to be injurious to the health of the persons employed therein, and shall also be so ventilated as to render harmless, so far as is practicable, all the gases, vapors, dust or other impurities generated in the course of the manufacturing process or handicraft carried on therein that may be injurious to health. Exhaust Sec. 10102. If, in a factory or workshop included in section 'i°s- 10101 of this article, any process is carried on by which dust is generated and inhaled to an injurious extent by the persons employed therein, and it appears to an inspector of factories that such inhalation could be to a great extent isrevented by the use of a fan or other mechanical means, and that the same could be provided without excessive expense, such inspector may direct a fan, or other mechanical means of a proper construction, to be provided within a reasonable time ; and such fan or other mechan- ical means shall be so provided, maintained and used. Penalty. Sec. 10103. Any person employing labor in a factory or work- shop, and violating any provision of this article, shall be deemed guilty of a misdemeanor, and punished by a fine of not less than fifty nor more than two hundred dollars ; but no criminal prose- WOMAN AND CHILD LABOR LAWS MISSOURI. 75 eutlon shall be made for such violation until four weel« after notice m writing by au inspector of Victories of the changes neces- sary to be made to comply with the provisions of this article has been sent by mail or delivereil to such person, nor then, if in the meantime such changes have been made in accordance with such notification. A notice shall be a sufficient notice under this article to all the members of a firm, company or corporation, when given to one member of such firm or company, or to the clerk, cashier, secretary, agent or any other officer having charge of the business of such corporation, or to its attorney ; and in case of a foreign corporation, notice to the officer having charge of such factory or workshop shall be sufficient. Sec. 10104. The following expressions used in this article shall Definitions. have the following meanings: The expression "person" means any individual, corporation, partnership, company or association. The expression " child " means a person under the age of fourteen years. The expression "young person" means a person of the age of fourteen years and under the age of eighteen years. The expression " woman " means a woman of the age of eighteen years and upward. The expression " factory " means any premises where steam, water or other mechanical power is used in aid of any manufacturing process there carried on. The expression " workshop " means any premises, room or place, not being a fac- tory as above defined, wherein any manual labor is exercised by way of trade, or for purposes of gain, in or incidental to any process of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place the employer of the persons working therein has the right of access or control : Provided, how- ever. That the exercise of manual labor in a private house or room by a family dwelling therein, shall not in itself constitute such house or room a workshop within this definition. ACTS OF 1905. Employment of children during school time. (Page 146.) Section 1. Every parent, guardian or other person in the State School at- of Missouri having charge and control of a child between the ages t^f^Jance re- of eight and fourteen years shall cause such child to attend ''" '^ ' regularly some day school, public, private, parochial or parish, not less than one-half of the entire time the school which said child attends is in session, or shall provide such child at home with such regular daily instruction during the usual hours as shall be, in the judgment of a court having competent Jurisdic- tion, substantially equivalent at least to the instruction given the children of like age at said day school in the locality in which said child resides : Provided, That every parent, guardian, or Unemployed person in the State of Missouri having charge and control of a children, child between the ages of fourteen and sixteen years who is not actually and regularly and lawfully engaged in some useful employment or service, shall cause said child to attend regularly some day school as aforesaid. Sec. 2. A child between the ages aforesaid may be excused Children of temporarily from complying with the provisions of this act, iDenfg"'^™' P^''" whole or in part, if it be shown to the satisfaction of a court of competent jurisdiction that said parent or guardian, or person having charge and control of said child is not able through extreme destitution to provide or obtain in any way proper cloth- ing for said child; or that said child is mentally or physically incapacitated to attend school for the whole period required, or any part thereof, or that there is no public school taught within two and one-half miles of the residence of said child by the nearest traveled road, or that the labor of said child is absolutely necessary for the support of the family, or that said child has 76 WOMAN AND CHILD LABOR LAWS- — MISSOTJBI. completed tlie common school course as prescribed by constituted authority or its equivalent and has received a certificate of graduation therefrom. Enforcement. Sec. 3. The board having charge of a public school In a city or district of three thousand or more population by the last census may appoint, and remove at pleasure, one or more attendance offi- cers to enforce the provisions of this act, and shall fix the com- pensation and manner of performance of the duties of said at- tendance officer, and shall pay them from the public school funds; and the attendance officers, as aforesaid, * * * shall have the right to visit and enter any office, or factory or business house employing children as aforesaid ; shall have the right to acquire a properly attested certificate of the attendance of any child or children at such day school : * * * Certificates. Sec. 7. No child betvi^een eight and fourteen years of age shall be employed in any mine, factory, woriishop, mercantile establish- ment, or in any other manner, during the usual school hours unless the person employing him, shall first procure a certificate from the superintendent or teacher of the school he attended stating that such child attended school for the period required by lav?, or has been excused from attendance as provided in section two ; and it shall be the duty of such superintendent or teacher to furnish such certificate upon application of the parent, guard- ian or other Dersons having control of such child entitled to the same. Penalty. Sec. 8. Every owner, superintendent or officer of any mine, factory, workshop or mercantile establishment, and any other per- son who shall employ any child between eight and fourteen years of age contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined for each offense in a sum not less than twenty nor more than fifty dollars and costs. MONTANA. CONSTITUTION. Aeticle 18. — Employment of chiUlren in mines. Age limit. Section 3. It shall be unlawful to employ children under the age of sixteen (16) years of age in underground mines. CODES AND STATUTES— 1895. Political Code. Employment of children during school term — Illiterates. School tendance quired. at- Section 1920 (as amended by chapter 45, Acts of 1903). All ''®" parents, guardians and other persons who have care of children, shall instruct them, or cause them to be instructed in reading, spelling, writing, English grammar, geography, physiology and hygiene, and arithmetic. Every parent, guardian or other per- son having charge of any child between the ages of eight and fourteen years shall send such child to a public, private, or paro- chial school, for the full time that the school attended is in session, which shall in no case be for less than sixteen weeks during any current year, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance * * * ^pon satisfactory showing, either that the bodily or mental condition of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified, * * * q^ ^-jj.^^ there is no school taught the required length of time within 2J miles of the residence of such cliild by the nearest traveled road: Provided, That no child shall be refused admission to any public school on account of race or color. * * * WOMAN AND CHILD LABOR LAWS MONTANA. 77 Sec. 1921 (as amended by chapter 45, Acts of 1903). No child Certlflcates. under fourteen years of age shall be employed or be in the employ- ment of any person, company ov I'orporation during the school term and while the public schools are in session, unless such child shall present to such person, company or corporation an age and school- ing certificate herein provided for. An age and schooling certifi- cate shall be approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk of the board of trustees in village and township districts not having such superintendent, upon a satisfactory proof of the age of such minor and that he has successfully completed the studies enumerated in section 1920 of this article ; or if between the ages of fourteen and sixteen years, a knowledge of his or her ability to read and write legibly the English language. The age and schooling certificate shall be formulated by the superintendent of public instruction and the same furnished, in blank, by the clerk of the board of trustees or the clerk of the district. Every person[,] company, or corpora- tion employing any child under sixteen years of age, shall exact the age and schooling certificate' prescribed in this section, as a condition of employment and shall keep the same on file, and shall upon the request of the truant ofiicer hereinafter provided for, permit him to examine such age and schooling certificate. Any person, company, cr corporation, employing any minor contrary to the provisions of this section shall be fined not less than twenty- five nor more than fifty dollars for each and fevery offense. [See section 1, chapter 00, Acts of 1907.] Sec. 1922 (as amended by chapter 45, Acts of 1903). All minors lllitarates. over the age of fourteen and under the age of sixteen years, who can not read and write the English language shall be required to attend school as provided in section 1920, of this article and all the provisions of said section shall apply to said minors : Provided, That such attendance shall not be required of such minors after they have secured a certificate from the superintendent of schools in districts having superintendents, or the clerk of the board of trustees in districts not having superintendents, that they can read, and write the English language. No person, company or corpora- tion shall employ any such minor during the time schools are in session, or having such minor in their employ siall immediately cease such employment, upon notice from the truant officer who is hereinafter provided. Every person, company, or corporation violating the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars for each and every offense. Sec. 1924 (as amended by chapter 4.'5, Acts of 1903). * * * The truant officer shall be vested with police powers, the authority Enforcement, to serve warrants, and have authority to enter workshops, fac- tories, stores and all other places where children may be employed, and do whatever may be necessary, in the way of investigation or otherwise to enforce the provisions of this act ; * * * Civil Code. Earnings of married women. Section 223. The earnings and accumulations of the wife are ^j,Barningssep- not liable for the debts of the husband. Sec. 225. AH work and labor performed by a married woman for Same subject. a person other than her husband and children shall, unless there is a written agreement on her part to the contrary, be presumed to be performed on her separate account. Earnings of minors. Section 299. The wages of a minor employed in service may be Payments to paid to him until the parent or guardian entitled thereto gives the ™™°';^ ^^"°' employer notice that he claims such wages. 78 WOMAN AND CHILD LABOR LAWS MONTANA, Penal Code. Certain emploi/inentu of children forbidden. Acrobatic SECTION 472. Any person, whether us parent, relative, guardian, nnd mendicant employer or otherwise, hiiving in his care, custody or control any occupations. ^j^.j^ under the age of sixteen years, who shall sell, apprentice, give away, let out or otherwise dispose of any such child to any person, under any name, title or pretense, for the vocation, use, occupation, calling, service, or purpo>^e of singing, playing on musical instruments, rope walking, dancing, begging or peddling in any public street or highway, or in any mendicant or wander- ing business whatever, and any person who shall take, receive, hire, employ, use or have in custody any child for such purposes, or either of them, is guilty of a misdemeanor. ACTS OF 1905. Chapteb -Enforoemciit of laws — Bureau c' protection. child and animal Powers secretary bureau. of Section 10 (as amended by chapter 19, Acts of 1907). The sec- °* retary of the bureau of child and animal protection is hereby vested with authority to make arrests of any person, or persons, violating any provisions of the laws relating to wrongs to chil- dren and dumb animals, and is hereby further vested with the authority to enter workshops, factories, stores, mines, mills and smelters, and all other places where children may be employed, and do what may be necessary iu the way of investigation, or otherwise, to enforce the laws pertaining to minor children and animals. ACTS OF 1907. Chapter 90. — Age limit of children. Age limit. SECTION 1. Any person, company, firm, association, or corpora- tion engaged in business in this State, or any agent, officer, fore- man or other employee having control or management of em- ployees, or having the power to hire or discharge employees, who shall knowingly employ or permit to be employed any child under the age of sixteen years, to render or perform any service or labor, whether under contract of employment or otherwise. In, on, or about any mine, mill, smelter, workshop, factory, steam, electric, hydraulic, or compressed air railroad, or passenger or freight elevator, or where any machinery is operated, or for any telegraph, telephone or messenger company, or in any occupation not herein enumerated which is known to be dangerous or un- healthful, or which may be in any way detrimental to the morals of said child, shall be guilty of a misdemeanor and punishable as hereinafter provided. Hiring out Sec. 2. Any parent, guardian or other person having the care, custody or control of any child under the age of sixteen years, who shall permit, suffer or allow any such child to work or per- form service for any person, company, firm, association or cor- poration doing business in this State, or who shall permit or allow any such child over whom he has such care, custody or control, to retain such employment as is prohibited in section one of this act, whether under contract of employment or not, shall be guilty of a misdemeanor and punishable as hereinafter provided. Sec. 3. The commissioner of the bureau of agriculture, labor and industry shall compile and preserve iu his office from reports made to him by the county superintendent of schools, as otherwise provided, a full and complete list of the name, age, date of birth and sex of each child, and the names of the parents or guardians of each child under the age of sixteen years who is now or may hereafter become a resident of this State, and such list shall be the official record of the age of children in this State. children. List of chil dren. WOMAN AND CHILD LABOR LAWS MONTANA. 79 Sec. 4. Upon attaining tlie age of sixteen years any cliilcl may malse application to tlie commissioner of ttie bureau of agricul- ture, labor and industry for an age certificate, which must be pre- sented to any employer with whom such child may seek employ- ment. The employer, if such employment be given, must counter- sign the certificate, and return the same to the commissioner of said bureau, who shall keep the same on file in his office. Any person, firm, company, association or corporation who em- ploys or permits to he employed in any occupation prohibited in section cue of this jict, any child without such certificate showing the child to be at least sixteen years of age, shall be guilty of a misdemeanor and punishable as hereinafter provided. Should such child prove to be less than sixteen years of age [sic]. Sec. 5. To enforce this act the commissioner of the bureau of agriculture, labor and industry, the bureau of child and animal protection and all county attorneys shall, each upon thier [their] own volition, or upon the sworn complaint of any reputable citi- zen that this act is being violated, make prosecutions for such violations. Sec. 6. Every person, firm, company, association or corporation who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than six months, or by both such fine and impi-isonment. NEBRASKA. Certificate. Enforcement. Penalty. Night work. Schedule I he posted. COMPILED STATUTES OF 1881— TENTH EDITION, 1901. Earnings of married women. Section 3662. * * * The earnings of any married woman. Earnings sep- from her trade, business, labor, or services, shall be her sole andarate property, separate property, and may be used and invested by her, in her own name. Employment of women and children. Section e942a. No female shall be employed in any manufactur- Hours of la- ing, mechanical or mercantile establishment, hotel or restaurant bor of females, in this State more than sixty hours during any one week and ten hours shall constitute a day's labor. The hours of each day may be so arranged as to permit the employment of such females at any time from six o'clock a. m. to ten o'clock p. m. ; but in no case shall such employment exceed ten hours in any one day. Sec 6942b. Every such employer shall post in a conspicuous place in every room where such females are employed, a printed i notice, stating the number of hours' work required of them each day of the week the hours of commencing and stopping such work and the hours when the time or times allowed for dinner or for other meals begins and ends. Printed forms of said notice shall be furnished by the deputy labor commissioner, and the form of such notice approved by the attorney-general of this State. Sec. 6942c. Every such employer in such establishment, shall provide suitable seats for the females so employed, and shall per- mit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Sec. 6942d. Any employer, overseer, superintendent or other agent of any such employer who shall violate any of the provi- sions of this act, shall be fined for each offense in a sum not less than twenty dollars nor more than fifty dollars ; and it is hereby made the duty of the deputy labor commissioner to enforce the provisions of this act : Provided, however, That nothing m this act shall be construed to prevent any other person from enforcing its provisions. This act (sections 6942a to 6942d) is constitutional. 91 N. W. Rep. 421. Seats. Penalty. 80 WOMAN AND CHILD LABOR LAWS — NEBEASKA. Age limit of Sec. 6953. Any male or female child under the age of ten years children. gfj^ji not be employed in any manufacturing, rtiechanical indus- trial or merchantile [mercantile] establishment. Employment Sec 6954. Any male or female child under the age of fourteen aurlng school years shall not be employed in any manufacturing, mechanical, ™^' industrial or merchanttle [mercantile] establishment, except dur- ing the vacations of the public schools ; unless during the year next preceding such employment, said child has for at least twenty weelis attended some public or private day school where the Eng- lish [language] is taught ; nor shall such employment continue, unless such child shall in each and every yedr attend school as herein provided, and no child shall be so employed who does not present a certificate signed by the president and secretary of the school board of the school district in which said child resides, of their compliance with the requirements of this section. Nor shall any owner, superintendent or overseer of any such establishment parent or guardian consent to or permit the employment of any child contrary to the provisions of this act. Certificates. Sec 6955. Any owner, superintendent or overseer of any such establishment shall require and keep on file, open to the inspection of the public, a certificate of the age, place of birth and residence of every male and female child under sixteen years of age em- ployed therein, so long as such child is so employed ; which certifi- cate shall also state, in case the child is under fourteen years of age, the amount of said child's school attendance during the [year] next preceding his employment, and such certificate shall be signed by the president and secretary of the school board of the school district in which such child resides, and the forms of certificate herein referred to shall be approved by the attorney-general of this State. Penalty. Sec 6955a. Any person who shall be convicted of a violation of any of the provisions of this act shall pay for every such offense a fine of not less than twenty dollars nor more than fifty dollars: Provided, hoicerer. That no conviction shall be had under this act, unless the proceedings therefor shall be commenced within one year after the offense shall have been committed. Enforcement. Sec. 6955b. It is hereby made the duty of the deputy labor com- missioner of this State upon complaint being filed with him to ' inspect any and all establishments to which this act applies, and ascertain whether any of the provisions of this act have been vio- lated. Whenever it shall come to his knowledge that any of the provisions of this act have been or [are] being violated, it shall be his duty to cause the same to be enforced: Provided, however, That nothing in this section contained shall be construed to pre- vent any other person from causing the enforcement of the pro- visions of this act. NEVADA. COMPILED LAWS— 1899. Earnings of married women. Earnings Sep- Section 522. The earnings of the wife are not liable for the arate property, flgijts of the husband. NEW HAMPSHIRE. PUBLIC STATUTES OF 1891. Chapter 92. — Employment of children during school term. Enforcement Section 18 (as amended by chapter 70, Acts of 1899). Truant of laws. oflScers shall, if required by the school board, enforce the laws pro- hibiting the employment of children in manufacturing, mechanical, or mercantile establishments who have not attended school the prescribed time ; and for this purpose, they may, when so author- WOMAN AND CHILD LABOE LAWS — NEW HAMPSHIRE. 81 Certificates. Age limit. ized and required by vote of the school board, visit the manu- facturing, mechanical, and mercantile establishments in their respective cities and towns, and ascertain whether any children under the age of sixteen are employed therein contrary to the provisions of law, and they shall report any cases of such illegal employment to the school board; and the truant officers, wheu authorized as aforesaid, may demand the names of all children under sixteen years of age employed in such manufacturing, me- chanical, and mercantile establishments, and may require that the certificates and lists of such children provided for by lavf shall be produced for their inspection. Truant officers shall in- quire into the employment, otherwise than in such manufacturing, mechanical, and mercantile establishments, of children under the age of sixteen years, during the hours when the public schools are in session, and may require that the certificates of all children under sixteen shall be produced for their inspection ; and any such officer may bring a prosecution against a person or corpora- tion employing any such child, otherwise than as aforesaid, dur- ing the hours when the public schools are in session, contrary to the provisions of law. A refusal or failure on the part of an employer of children under sixteen years of age to produce the certificate required by law; when requested by a truant officer, shall be prima facie evidence of the illegal employment of the child whose certificate is not produced. Truant officers shall have authority without a warrant to take and place in school any children found employed contrary to the laws relating to the employment of children, or violating the laws relating to the com- pulsory attendance at school of children between the ages of six and sixteen years. Chapter 93. — Employment of children. Section 10 (as amended by chapter 61, Acts of 1901). No child under the age of twelve years shall be employed in any manu- facturing establishment. No child under the age of fourteen years shall be employed in any manufacturing establishment, nor in any mechanical, mercantile, or other employment during the time in which the public schools are In session in the district in which he resides. Sec. 11 (as amended by chapter 61, Acts of 1901). No child Employment under the age of sixteen years shall be employed in any manu- fiJ^e?^ school facturing establishment, or In any mechanical, mercantile, or other employment, during the time in which the public schools are in session in the district In which he resides, without first pre- senting a statement of his age from his parent or guardian, sworn to before the superintendent of schools or, if there is no superin- tendent of schools, by some person authorized by the school board of the district in which such child is employed. And no child under the age of sixteen years shall be employed as aforesaid during the time in which the public schools are in session in the district in which he resides without first presenting a certificate from the superintendent of schools or, if there is no superintendent of schools, some person authorized by the school board, that such child can read at sight and write legibly simple sentences in the English language. And any superintendent of schools or person authorized by the school board who certifies falsely as to matters prescribed by this section shall be fined not less than twenty nor more than fifty dollars for each ofEense. Sec. 12 (as amended by chapter 61, Acts of 1901). No minor shall be employed in any manufacturing establishment, or in any mechanical, mercantile, or other employment, who can not read at sight and write legibly simple sentences in the English lan- guage, while a free public evening school is maintained in the district in which he resides, unless he is a regular attendant at such evening school or at a day school : Provided, That upon pre- sentation by such minor of a certificate signed by a regular prac- ticing physician, and satisfactory to the superintendent of schools, Certificates. Illiterates. 7054^-07- -6 82 WOMAN AND CHILD LABOR LAWS NEW HAMPSHIRE. or, where there is no superintendent of schools, the school hoard, showing that the physical condition of such minor would render such attendance in addition to daily labor prejudicial to his health, said superintendent of schools or school board shall issue a permit authorizing the employment of such minor for such period as said superintendent of schools or school board may determine. Said superintendent of schools or school board, or teachers acting under authority thereof, may excuse any absence from such evening school arising from justifiable cause. Any parent, guardian, or custodian who permits to be employed any minor under his control in violation of the provisions of this section shall forfeit not more than twenty dollars for the use of the evening schools of such town or city. Penalty. Sec. 13 (as amended by chapter 61, Acts of 1901). If any owner, agent, superintendent, or overseer of a manufacturing, mechanical, or mercantile establishment, or any other person, shall employ any child in violation of the provisions of either of the three preceding sections, he shall be fined not exceeding fifty dollars for each offense, for the use of the district. Enforcement. Sec. 18. It shall be the duty of the school board to prosecute offenders for violations of the provisions of this chapter. If they neglect to perform this duty they shall forfeit twenty dollars for each neglect, for the use of the district, to be recovered in the name of the district by the selectmen of the town. All necessary expenses incurred in such proceedings shall be paid by the district. ijimltation. Sec. 19. No prosecution under this chapter shall be sustained unless begun within one year after the offense Is committed. Chapter 176. — Earnings of niarrierl women. EarnlngBsep- Section 1. Every woman shall hold to her o>vn use, free from arate property, ^j^^ jnterference or control of any husband she may have, all prop- erty at any time earned, * * * jf gugij earning, * * * were not occasioned by payment or pledge of the property of the husband. Chapter 180. — Hours of labor of women and children. Hours of la- Section 14 (as amended by chapter 102, Acts of 1905). No ''°^' woman and no minor under eighteen years of age shall be em- ployed in a manufacturing or mechanical establishment for more than ten hours in one day, except in the following cases : I. To make a shorter day's work for one day in the week. II. To make up time lost on some day in the same week in consequence of the stopping of machinery upon which such person was dependent for employment. III. When it is necessary to make repairs to prevent interrup- tion of the ordinary running of the machinery. In no case shall the hours of labor exceed sixty in one week, nor fifty-eight in one week during the months of July and August. be^Dost^d'* *" ^^*^' ^^' ^'^^ proprietors of every such establishment shall keep posted in a conspicuous place in every room where such persons are employed a notice printed in plain, large letters, stating the exact time of beginning and of stopping work in the forenoon and in the afternoon, and the number of hours' work required of them each day of the week. Penalty. gj.Q jg jf ^ny owner, agent, superintendent, or overseer of any such establishment shall willfully violate the provisions of either of the two preceding sections, he shall be fined not exceeding fifty dollars for each offense, certificate. g^^ -^,j. ^ certificate of the age of a minor, made by him and by his parents or guardian and presented to the employer at the time the minor is employed, shall be conclusive evidence of his age upon a prosecution for the violation of the provisions of sec- tion fourteen. False state- Sec. 18. If any person shall make and utter a false certificate ment. jq regard to the age of a minor, with intent to evade the provi- WOMAN AND CHILD LABOR LAWS — -NEW HAMPSHIEE. 83 sions of this chapter, he shall be fined twenty-five dollars, or be imprisoned thirty days, or both, for each offense. Sec. 19. * * * Prosecutions under sections sixteen and eight- Limitation, een shall be barred unless begun within one year after the offense was committed. Chapteb 205. — Certain employments of children forMdden. Section 3. If any person shall employ or exhibit a child under Acrobatic, the age of fourteen years in dancing, playing on musical instru- etc., occupa- ments, singing, wallsing on a wire or rope, or riding or performing *'°"^- as a gymnast, contortionist, or acrobat in any circus or theatrical exhibition, or in any public place whatsoever, or shall cause, pro- cure, or encourage any such child to engage therein, or if any per- son having the custody or control of any such child shall permit him to be so employed, such person shall be fined not exceeding one hundred dollars ; but nothing in this section shall be construed to prevent the education of children in. vocal and instrumental music, or their employment as musicians in any church, chapel, or school, or school exhibition, or to prevent their tailing part in any concert or musical exhibition. ACTS OF 1895. Chapter 16. — Seats for female employees. Section 1. Every person, firm, or corporation employing females Seats to be in any manufacturing, mechanical, or mercantile establishment inP^^'^ed. this State, shall provide suitable seats for the use of the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Sec. 2. Any person, firm, or corporation violating any of the pro- I'enalty. visions of this act shall be punished by a fine of not less than ten dollars nor more than thirty dollars for each offense. ACTS OP 1903. Chapter 95. — Employment of wmnen and minors in barrooms. Section 17 (as amended by chapter 49, Acts of 1905). It shall Employment not be lawful prohibited. ***** 2. To permit any girl or woman * * * to sell or serve any liquor on the premises; or to permit any male person under the age of twenty-one years to sell or serve any lic^uor on the premises, except to bona fide registered guests in their rooms and in dining rooms with meals under licenses of the first class. ***** NEW JERSEY. GENERAL STATUTES— 1895. Seats for female employees. (Page 1675.) Section 217. Every person or corporation employing female em- Seats to be ployees in any manufacturing, mechanical or mercantile establish- pioviaed. ment in this State shall provide suitable seats for the use of the female employees so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Sec. 218 (as amended by chapter 192, Acts of 1898). Any person Penalty. or corporation who shall be guilty of any violation of the pro- visions of this act shall be liable to a penalty of fifty dollars for 84 WOMAN AND CHILD LABOR LAWS NEW JEBSEY. each offense : Provided, That ten days' notice in writing shall be given by any person or persons who may choose to do so, to any person or persons or corporation violating this act, that they are required to comply with the provisions of the first section of this act [sec. 217], and any person or corporation failing to comply therewith upon or before the expiration of ten days from the date of service of such notice, shall be liable to the said penalty of fifty dollars for each offense, to be recovered in an action of debt in any district court in any city or before any justice of the peace having jurisdiction in civil causes ; * * * Earnings of married women. (Page 2013.) Earnings Sep- SECTION 4. The wages and earnings of any married woman, arate property, acquired or gained by her * * * , in any employment, occupa- tion, or trade in which she is employed, and which she carries on separately from her husband, and all investments of such wages, earnings, money, or property, shall be her sole and separate' prop- erty, as though she were a single woman. Hours of labor in factories, etc. (Page 2350.) Hours of la- Section 66. * * * , fifty-five hours shall constitute a week's bor. work in any factory, workshop, or establishment where the manu- facture of any goods whatever is carried on ; and the periods of employment shall be from seven o'cloclj in the forenoon until twelve o'clocli noon, and from one o'clock in the afternoon until six o'clock in the evening of every working day except Saturday, upon which last named day the period of employment shall be from seven o'clock in the forenoon until twelve o'clock noon. Women and Sec. 67. No person under the age of eighteen years, male or children. female, and no woman above that age shall be employed in any factory, workshop, or manufacturing establishment except during Proviso. the periods of employment hereinbefore mentioned : Provided, That the provisions in this act in relation to the hours of employment shall not apply to or affect any person engaged in preserving per- ishable goods in fruit canning establishments or in any factory engaged in the manufacture of glass. Enforcement. Sec. 68. The inspector of factories shall investigate any reported violation of the provisions of this act and of the act to which this is a supplement, after it has been discovered by him or brought to his notice, and may proceed against the violator or violators in the manner prescribed by the act to which this is a supplement Penalty. Sec. 69. Any manufacturer or other employer who shall violate any of the provisions of this act shall be liable to a penalty of one hundred dollars for each offense, to be recovered in the same way and for the same purpose as prescribed in the act to which this is a supplement. Employment of children — School attendance. (Page 3039.) School at- Section 146. No child under the age of fifteen years shall be qmred"*^^ ^^' employed by any person, company or corporation to labor in any business whatever, unless such child shall have attended within twelve months immediately preceding such employment, some pub- lic day or night school, or some well-recognized private school; such attendance to be for five days or evenings every week during a period of at least twelve consecutive weeks, which may be divided into two terms of six consecutive weeks each, so far as the arrangement of school terms will permit, and unless each [such] child or his or her parents or guardians shall have complied with WOMAN AND CHILD LABOR LAWS — NEW JEESEY. 85 the provisions of the act approved March fifth, eighteen hundred and eighty-three, limiting the employment hours of the labor of children. Act of March fifth, eighteen hundred and eighty-three, repealed, ap- parently superseded by chapter 64, Acts of 1904. ACTS OF 1896. Chapter 181. — Night work of children in iakeries. Section 10 (added by chapter 64, Acts of 1903). No person Night work under the age of eighteen years shall be employed, or required, prohibited, permitted or suffered to work, in a biscuit, bread or calie bakery between the hours of seven o'clock in the afternoon and seven o'clock in the forenoon. ACTS OF 1898. Chapter 235. — Certain employments of children forMdden. Section 56. Any person who, whether as parent, relative, guard- Acrobatic, ian, employer, or otherwise, having in his or her custody or con- ™ g° p^yg^'g^**^' troi, lawfully or unlawfully, any minor child under the age of eighteen years, who shall sell, apprentice, give away, let out, employ, hire or otherwise dispose of such minor or minors for the purpose of begging, singing and playing on a musical instru- • ments [instrument], ropewalking, dancing, or for any mendicant or wandering business whatsoever, or in any immoral conduct or occupation in the streets, roads and other highways or public places of this State, and any person who shall take, receive, hire, employ, use or have in custody any such minor or minors, under the age of eighteen years, and use or employ him, her or them in any such purpose, or any of them, for any mendicant or immoral business whatsoever, either in public or private places within this State, shall be guilty of a misdemeanor, and punished accord- ingly ; and if, upon such conviction, the minor or minors shall have no home or means of support and no one to take proper care of him, her or them, the court may, in its discretion, if it shall appear a humane and proper thing to do, commit such minor or minors to the State reform school for boys, or the State in- dustrial school for girls, until such minor or minors attain the age of eighteen years, or for a less age, in the discretion of the court. ACTS OF 1904. Chapter 64. — Employment of children. Section 1. No child under the age of fourteen years shall be employed, allowed or permitted to work in any factory, workshop, mill or place where the manufacture of goods of any kind is car- ried on ; any corporation, firm, individual, parent, parents or cus- todian of any child who shall violate any of the provisions of this section, shall be liable to a penalty of fifty dollars for each offense. Sec. 2. The word custodian as used in this act shall include any person, organization or society having the legal custody of a child. Sec. 3. If at the time of the employment of a child, the proofs of age specified in subdivisions I. and II. of this section, are filed with the corporation, firm or person employing the child, such proofs shall be conclusive evidence of the age of child in a suit against such employer for a violation of section one: Provided, however. That correct copies of all papers, certificates, passports and affidavits relating to such employment shall be mailed, postage prepaid to the department having charge of the enforcement of this act, at Trenton, New Jersey, within twenty-four hours after the same are filed, together with a statement of the legal name of the person, firm or corporation employing such child. Age limit. Definition. Evidence. 86 WOMAN AND CHILD LABOR LAWS NEW JEKSEY. I. NATIVE BORN CHILDREN. The parent, parents or cufstodian shall make and swear to an affidavit before some officer authorized by the law of this State to take affidavits, setting forth the following facts : The name of the child in full ; his or her residence, giving street and number; place where and year, month and day when born ; name of father ; maiden name of mother ; church attended, if any ; school last attended and time when, if any, and where the church and school are situated ; if child was baptized, name and location of church or parish in which such baptism took place ; there must accom- pany such affidavit a transcript of the record of the child's birth ; duly attested by an officer having by law the authority to keep records of birth in the State, county, town or city in which the child was born ; if no such birth record can be obtained and the child was baptized, then a certified copy of the baptismal record of the church or parish in which such baptism took place, duly certi- fied as a true copy, under the hand of the person having the cus- tody of such church or parish records, shall accompany the affidavit, and the affidavit shall set forth the age of child at time of baptism. II. FOREIGN BORN CHILDREN. An affidavit to be made by the same persons and containing the same statement of facts as in the case of native born children, with an additional statement that the child named in the affidavit is the same mentioned and described in the passport under which the child was admitted to this country ; a true copy of said pass- port must in all cases be attached to the affidavit. III. OTHER CHILDREN. Records evidence. The commissioner shall have power to issue permits of employ- ment to children upon the production of evidence of the child's age satisfactory to him : Provided, That he shall first be satisfied that the child can not obtain a transcript of birth record, a baptismal certificate or passport, as provided in either subdivision I. or II. Sec 4. In any suit brought to recover a penalty for violation of section one of this act, a copy of the baptismal record, certified to be a true copy under the hand of the person having the custody of such records for the church or parish in which such child was baptized, shall be prima facie evidence of the child's age (pro- vided, that in case the age of the child is not set forth in the bap- tismal record, that there shall be other proof showing the age of the child at the time he or she was baptized). Enforcement. Sec. 5. The commissioner, assistant or any inspector Is hereby empowered to demand of any parent, parents or custodian, proof of the age of a child satisfactory to the commissioner, and such parent, parents or custodian shall, within five days after such demand is made, furnish to such officer proofs of such child's age ; and in event of the failure to procure and furnish such proof of age, such child shall be discharged by his or her employer upon notice in writing signed by the commissioner, and shall not be reemployed until such proof of age shall have been furnished to the commissioner ; any person violating the provisions of this sec- tion shall be liable to a penalty of fifty dollars for each offense. ite- Seo. 6. Any one who shall swear falsely to any affidavit or pre- sent any certificate or passport which he or she knows to be false, and any person or persons who shall aid, assist or advise the mak- ing of a false affidavit or the obtaining of a false certificate or passport, shall be liable to a penalty of fifty dollars for each offense. fit- Sec. 7. The commissioner, assistant or the inspectors shall have power to demand a certificate of physical fitness from some regular practicing physician in the case of minors under the age of sixteen years, who, in the judgment of such officer, shall be physically unable to do the \\'ork in which such minor is employed, and shall False ments. Physical ness. WOMAN AND CHILD LABOR LAWS — NEW JERSEY. 87 have the power to prohibit the employment of such minor until he or she shall produce a certificate of physical fitness ; and any manufacturer or employer who shall retain in his employ a minor after such certificate shall be demanded, shall be liable to a penalty of twenty-five dollars. Sec. 8. A corporation, firm or person, owning or operating a Register, place coming under the provisions of this act and employing, allowing or permitting minors under the age of sixteen years to work therein, shall keep or cause to be kept in the main otBce of such place, in the town or city where such place is located, a register in which shall be recorded the names, places of residence and time of employment of such minors working under certificates, transcripts, passports or affidavits ; such registers and certificates, transcripts and affidavits shall be produced for inspection upon demand of the commissioner, assistant or any of the inspectors ; truant officers shall have the same right as inspectors to examine such registers and the certificates, transcripts, passports or affi- davits, when authorized in writing so to do by the commissioner; any corporation, firm or person failing to keep such register or refusing to permit the persons herein authorized to inspect the same or the certificates, transcripts, passports or affidavits, shall be liable to a penalty of fifty dollars for each offense. Sec. 9. No minor under the age of sixteen years shall be em- Hours of la- ployed, permitted or allowed to work in places coming under the^°'"- provisions of this act, more than ten hours" in a day or fifty-five hours in a week ; any corporation, firm or person permitting or allowing any violation of the provisions of this section, shall be liable to a penalty of fifty dollars for each offense. Sec. 21. No minor under sixteen years of age shall be required. Cleaning allowed or permitted to clean any part of the gearing or machinery ™|j?nery.^ '"*' in any place coming under the provisions of this act, while the same is in motion, or to work between the fixed or traversing parts of any machinery while it is in motion by the action of steam, water or other mechanical power. Sec. 23. Every factory, workshop or mill shall contain sufficient. Water - clos- suitable, convenient and separate water-closets for each sex, which «'s- shall be properly screened, ventilated and kept clean ; and also a suitable and convenient washroom ; the water-closets used by women shall have separate approaches; if women or girls are employed, a dressing room shall be provided for them when ordered by the conjmissioner. Sec. 24. Factories and workshops in which women and children Rooms to be are employed, and where dusty work is carried on, shall be lime- "mewashea. washed or painted at least once in every twelve months. NEW MEXICO. ACTS OF 1907. Chapter 37. — Earnings of married women. Section 12. The earnings of the wife are not liable for the '^^I'ts ^^^Ewnings^sep- of the husband. NEW YORK. REVISED STATUTES— THIRD EDITION— 1901. Suits for wages by female employees — Costs — City of Brooklyn. (Page 329.) Section 16 In an action brought in a justice's court of the city Special al- of Brooklyn to recover a sum of money, for wages earned by aJ.owance oi female employee other than a domestic servant, or for material furnished by such employee in the course of her employment, or in or about the subject-matter thereof, or for both, the plaintiff, 88 WOMAN AND CHILD LABOE LAWS NEW YORK. if entitled to costs, recovers the sum of ten doljars as costs in addition to the costs allowed by title ninth of this chapter, unless the amount of damages recovered is less than ten dollars, in which case the plaintiff recovers the sum of five dollars as such addi- tional costs. Where the employee is the plaintiff in such an ac- tion she is entitled, upon a settlement thereof, to the full amount of costs which she would have recovered if judgment had been rendered in her favor for the sum received by her upon the settle- No exemp- ment. In such action brought in said court, if the plaintiff re- *''"'^' cover a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant shall be exempt from levy and sale, by virtue of an execution against property issued there- upon ; and, if such an execution is returned wholly or partly un- satisfied, the clerk must, upon the application of the plaintiff, issue an execution against the person of the defendant for the Execution sum remaining uncollected. A defendant arrested by virtue of against person. ^.^ execution so issued against his person, must be actually con- fined in the jail and is not entitled to the liberties thereof; but he must be discharged after having been so confined fifteen days. After his discharge an execution against his person can not be again issued upon the judgment, but the judgment creditor may enforce the judgment against property as if the execution, from which the judgment debtor is discharged, had been returned with- out his being taken. Certain employments of children forbidden. (Page 428.) Acrobatic, Section 18. A person who employs or causes to be employed, or mendicant, etc., ^jio exhibits, uses, or has in custody, or trains for the purposes of occupa ons. ^-^^ exhibition, use or employment of, any child actually or appar- ently under the age of sixteen years ; or who having the care, cus- tody or control of such a child as parent, relative, guardian, em- ployer, or otherwise, sells, lets out, gives away, so trains, or in any way procures or consents to the employment, or to such training, or use, or exhibition of such child ; or who neglects or refuses to restrain such child from such training, or from engaging or acting, either 1. As a rope or wire walker, gymnast, wrestler, contortionist, rider or acrobat; or upon any bicycle or similar mechanical vehi- cle or contrivance ; or, 2. In begging or receiving or soliciting alms in any manner or under any pretense, or in any mendicant occupation ; or in gath- ering or picking rags, or collecting cigar stumps, bones or refuse from markets ; or in peddling ; or, 3. In singing; or dancing; or playing upon a musical instru- ment ; or in a theatrical exhibition ; or in any wandering occupa- tion ; or 4. In any illegal, indecent or immoral exhibition or practice; or in the exhibition of any such child when insane, idiotic, or when presenting the appearance of any deformity or unnatural physical formation or development ; or 5. In any practice or exhibition or place dangerous or injurious to the life, limb, health or morals of the child, is guilty of a mis- demeanor. But this section does not apply to the employment of any child as a singer or musician in a church, school or academy ; or in teaching or learning the science or practice of music ; or as a musician in any concert or in a theatrical exhibition, with the written consent of the mayor of the city, or the president of the board of trustees of the village where such concert or exhibition takes place. Such consent shall not be given unless forty-eight hours previous notice of the application shall have been served in writing upon the society mentioned in section two hundred and ninety-three of the Penal Code [any incorporated society for the prevention of cruelty to children], if there be one within the WOMAN AND CHILD LABOR LAWS — NEW YOBK. 89 county, and a hearing had thereon if requested, and shall be revocable at the will of the authority giving it. It shall specify the name of the child, its age, the names and residence of its parents or guardians, the nature, time, duration and number of performances permitted, together with the place and character of the exhibition. But no such consent shall be deemed to authorize any violation of the first, second, fourth or fifth subdi- visions of this section. Employment of children during school term. (Page 645.) Section 31G (as amended by chapter 459, Acts of 1903, and by Employment chapter 280, Acts of 1905). It shall be unlawful for any person, §*^<=^|'^''«° ""- firm or corporation to employ any child under fourteen years of age, in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session ; or to employ any child between fourteen and sixteen years of age who does not, at the time of such employment, present a certificate signed by the superin- Certificate tendent of schools or by the principal or the principal teacher of attendance, the city or district in which the child resides or by the principal or the principal teacher of the school where the child has attended or is attending, or by such other ofiicer as the school authorities may designate, certifying that such child during the twelve months next preceding his fourteenth birthday or during the twelve months next preceding his application for such certificate, has attended for not less than one hundred and thirty days the public schools, or schools having an elementary course equivalent thereto, in such city or district and that such child can read and write easy English prose and is familiar with the fundamental opera- tions of arithmetic ; or to employ, in a city of the first class or a city of the second class, any child between fourteen and sixteen years of age who has not completed such course of study as the public elementary schools of such city require for graduation from such schools and who does not hold either a certificate of graduation from the public elementary school or the preacademic certificate issued by the regents of the University of the State of New Yorli or the certificate of the completion of an elementary school issued by the department of public instruction, unless the employer of such child, if a boy, shall keep and shall display in the place where such child is employed and shall show whenever so requested by any attendance officer, factory inspector, or repre- sentative of the police department, a certificate signed by the school authorities or such school ofiicers in said city as said school authorities shall designate, which school authorities, or officers designiited by them, are hereby required to issue such certificates to those entitled to them not less frequently than once in each month during which said evening school is in session and at the close of the session of said evening school, stating that said child has been in attendance upon said evening school for not less than six hours each weeli for such number of weeks as will, when taken in connection with the number of weeks such evening school will be in session during the remainder of the current or calendar year, make up a total attendance on the part of said child in said even- ing school of not less than six hours per week for a period of not less than sixteen weeks, and any person who shall employ any child contrary to the provisions of this section or who shall fail to keep and display certificates as to the attendance of employees in evening schools when such attendance is required by law shall, for each offense, forfeit and pay to the treasurer of the city or vil- lage, or to the supervisor of the town in which such child resides, a penalty of fifty dollars, the same, when paid, to be added to the public school moneys of the city, village or district in which such child resides. 90 WOMAN AND CHILD LABOR LAWS NEW YOBK. Earnings of married women. (Page 1048.) Barnlngssep- SECTION 30 (added by chapter 289, Acts of 1902). A married arate property, woman shall have a cause of action in her own sole and separate right for all wages, salary, profits, compensation or other remuner- ation for which she may render work, labor or services, or which may be derived from any trade, business or occupation carried on by her, and her husband shall have no right or action therefor, unless she, or he, with her knowledge or consent, has otherwise expressly agreed with the person obligated to pay such wages, salary, profits, compensation or other remuneration. In any ac- tion or proceeding in which a married woman or her husband shpll seek to recover wages, salary, profits, compensation or other remuneration for which such married woman has rendered work, labor, or services, or which was derived from any trade, business or occupation carried on by her or in which the loss of such wages, salary, profits, compensation or other remuneration shall be an item of damage claimed by a married woman or her husband, the presumption of law in all such cases shall be that such married woman Is alone entitled thereto, unless the contrary expressly appears. Earnings of minors. (Page 1049.) Payment to SECTION 42. Where a minor is in the employment of a person minors valid, other than his parent or guardian, payment to such minor of his ^^^^- wages is valid, unless such parent or guardian notify the employer in writing, within thirty days after the commencement of such service, that such wages are claimed by such parent or guardian, but whenever such notice is given at any time payments to the minor shall not be valid for services rendered thereafter. Seats- for female employees. (Page 2092.) Seats to be Section 17. Every person employing females in a factory -or as provided. waitresses in a hotel or restaurant shall provide and maintain suitable seats for the use of such female employees, and permit the use thereof by such employees to such an extent as may be reasonable for the preservation of their health. Emploijment of women and children in factories. (Page 2100.) Age limit for Section 70 (as amended by chapter 184, Acts of 1903). No child children. under the age of fourteen years shall be employed, permitted or suffered to work in or in connection with any factory in this State. No child between the ages of fourteen and sixteen years shall be so employed, permitted or suffered to work unless an employment certificate issued as provided in this article shall have been there- tofore filed in the office of the employer at the place of employment of such child. The employment of a child under lawful age is of itself evidence of negli- gence, where the child is injured on account of such employment. Such a child Is not, as a matter of law, chargeable with contributory negligence, nor with the assumption of the risks of his employment. The employer is liable for in.1uries, though the State makes such employment a misde- meanor. 66 N. E. Rep. 572. Issue of cer- Sec. 71 (as amended by chapter 184, .\cts of 1903, and chapter tmcates. 5J8, Acts of 1905). Such certificate shall be issued by the commis- sioner of health or the executive officer of the board or department of health of the city, town or village where such child resides, or WOMAN AND CHILD LABOR LAWS NEW YOKK. 91 Proofs. Is to be employed, or by such other ofl3cer thereof as may be designated by such board, department or commissioner for that purpose, upon the application of the parent or guardian or cus- todian of the child desiring such employment. Such officer shall not issue such certificate until he has received, examined, ap- proved, and filed the following papers duly executed: (1) The school record of such child properly filled out and signed as pro- vided in this article. (2) A passport or duly attested transcript of the certificate of birth or baptism or other religious record showing the date and place of birth of such child. A duly at- tested transcript of the birth certificate filed according to law with a registrar of vital statistics or other oflicer charged with the duty of recording births, shall be conclusive evidence of the age of such child. (3) The affidavit of the parent or guardian or custodian of a child, which shall be required, however, only in case such last-mentioned transcript of the certificate of birth be not produced and filed, showing the place and date of birth of such child ; which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath, and who shall not demand or receive a fee therefor. In case it shall appear to the satisfaction of the oiBcer to whom application is made, as herein provided, for an employment certificate, that a child for whom such certificate is requested and who has presented the school record and affidavit above provided for, is in fact over fourteen years of age and that satisfactory documentary evidence of such age can be produced which does not fall within any of the provisions of subdivision two of this section, and that none of the papers mentioned in said subdivision exists or can be produced, then and not otherwise he shall present to the board of health of which he is an officer, or agent for its action thereon, a statement signed by him showing such facts, together with such affidavits or papers as may have been produced before him constituting such evidence of the age of such child, and the board of health, at a regular meeting thereof, may then, in Its discretion, in a proper case, by resolu- tion, provide that such evidence of age shall be fully entered on the minutes of such board and shall be received in place of the papers specified and required by subdivision two of this section. On due proof, in like manner, that a child who is a graduate of a public school of the State of New York or elsewhere having a course of not less than eight years, or of a school in the State of New York other than a public school, having a substantially equivalent course of study of not less than eight years duration, and in which a record of the attendance of such child has been kept as required by the compulsory education law, and who pro- duces and files a certificate of graduation duly issued to him therefrom, and who is recorded in the school records as fourteen years of age, is unable to further produce the evidence of age re- quired by subdivision two of this article, the board may, by reso- lution, permit the issuance to such child of an employment certificate and dispense with such evidence of age as is in said subdivision provided. Such employment certificate shall not be issued until such child farther has personally appeared before and been examined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which It intends to do. In doubtful cases such fitness shall be determined by a medical officer of the board or department of health. Every such employment certificate shall be signed, in the presence of the officer issuing the same, by the child in whose name it is issued. Sec. 72 (as amended by chapter 184, Acts of 1903). Such cer- tificate shall state the date and place of birth of the child, and to describe the color of the hair and eyes, the height and weight and Illiterates. Certificates c u t a i n 92 WOMAN AND CHILD LABOR LAWS — NEW YORK. Record. Reports certificates. Register. any distinguishing facial marks of such child, and that, the papers required by the preceding section have been duly examined, ap- proved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been exam- ined. Sec. 73 (as amended by chapter 184, Acts of 1903). The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child entitled thereto or to the board, department or commissioner of health. It shall eon- tain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and thirty days during the school year previous to his arriving at the age of fourteen years or during the year previous to applying for such school record and is able to read and write simple sentences in the English language, and has received during such period instruction in reading, spell- ing, writing, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions. Such school record shall also give the age and resi- dence of the child as shown on the records of the school and the name of its parent or guardian or custodian, of Sec. 75. The board or department of health or health commis- sioner of a city, village or town, shall transmit, between the first and tenth day of each month, to the office of the factory inspector a list of the names of the children to whom certificates have been issued. Sec. 76 (as amended by chapter 184, Acts of 1903, and chapter 493, Acts of 1905). Each person owning or operating a factory and employing children therein shall keep, or cause to be kept in the office of such factory, a register, in which shall be recorded the name, birthplace, age and place of residence of all children so em- ployed under the age of sixteen years. Such register and the certificate filed in such office shall be produced for inspection upon the demand of the commissioner of labor. On termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith surrendered by the em- ployer to the child or its parent or guardian or custodian. The commissioner of labor may make demand on any employer in whose factory a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this article, that such employer shall either furnish him within ten days, evidence sat- isfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such factory. The commissioner of labor may require from such employer the 'same evidence of age of such child as is required on the issuance of an employment certificate ; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said factory, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corporation such notice may be served either personally upon an officer of such cor- poration, or by sending it by post addressed to the office or the principal place of business of such corporation. The papers con- stituting such evidence of age furnished by the employer in response to such demand shall be filed with the commissioner of labor and a material false statement made in any such paper or affidavit by any person, shall be a misdemeanor. In case such employer shall fail to produce and deliver to the commissioner of labor within ten days after such demand such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such factory, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prose- WOMAN AND CHILD LABOR LAWS NEW YORK. 93 cution brought for a violation of tliis article that such child is under sixteen years of age and is unlawfully employed. Sec. 77 (as amended by chapter 490, Acts of 1906). No minor Night work, under the age of sixteen years shall be employed, permitted or suffered to work in any factory in this State before six o'clock in the morning, or after seven o'clock in the evening of any day, or for more than nine hours in any one day. No minor under the Hours of la- age of eighteen years, and no female shall be employed, permitted lior. or suflfered to work in any factory in this State before six o'clock in the morning, or after nine o'clock in the evening of any day ; or for more than ten hours in any one day except to make a shorter work day on the last day of the week ; or for more than sixty hours in any one week, or more hours in any one week than will make an average of ten hours per day for the whole number of days so worked. A printed notice, in a form which shall be prescribed and furnished by the commissioner of labor, stating the number of hours per day for each day of the week required of such persons, and the time when such work shall begin and end, shall be kept posted in a conspicuous place in each room where they are employed. But such persons may begin their work after the time for beginning and stop before the time for ending such work, mentioned in such notice, but they shall not otherwise be employed, permitted or suffered , to work in such factory 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 commissioner of labor. The presence of such persons at work in the factory at any other hours than those stated in the printed notice shall constitute prima facie evidence of a violation of this section of the law. The provision prohibiting night work by adult females is an interference with the rights of citizens, and is unconstitutional. 81 N. B. Rep. 778. Sec. 78 (as amended by chapter 184, Acts of 1903). When in Work for order to make a shorter work day on the last day of the week, a P*""® *'"'° *™ minor over sixteen and under eighteen years of age, or a female °"'^^' sixteen years of age or upwards, is to be required or permitted to work In a factory more than ten hours in a day, the employer of such persons shall notify the commissioner of labor in writing, of such intention, stating the number of hours of labor per day, which it is proposed to require or permit, and the time when it is proposed to cease such requirement or permission ; a similar noti- fication shall be made when such requirement or permission has actually ceased. A record of the names of the employees thus required or permitted to work overtime, with the amount of such overtime, and the days upon which such work was performed, shall be kept in the ofiBce of such factory, and produced upon the demand of the commissioner of labor. The word custodian as used in this act [sections 70 to 78, in- clusive] shall include any person, organization or society having the custody of said child. Sec. 79. * * * No child under the age of fifteen years shall Operating be employed or permitted to have the care, custody or management elevators. of or to operate an elevator in a factory, nor shall any person under the age of eighteen years be employed or permitted to have the care, custody or management of or to operate an elevator therein running at a speed of over two hundred feet a minute. Where a boy of fourteen is injured by the voluntary use of an elevator, in a single instance and without suggestion from any one, the master is not liable under the above provision. 76 N. Y. S. 123. Sec. 81. * * * No male person under eighteen years or Cleaning woman under twenty-one years of age shall be permitted or moving ma- directed to clean machinery while in motion. Children under six- "^ ^^■ teen years of age shall not be permitted to operate or assist in operating dangerous machines of any kind. Sec. 88. Every factory shall contain a suitable, convenient and Water -clos- separate water-closet or water-closets for each sex, which shall be ets. 94 WOMAN AND CHILD LABOR LAWS NEW YOKK. properly screened, ventilated, and kept clean and free from all obscene writing or marking; and also, a suitable and convenient wash room. The \yater-closets used by women shall have separate approaches. Inside closets shall be maintained whenever practi- cable and in all cases when required by the commissioner of labor. When women or girls are employed, a dressing room shall be provided for them, when required by the commissioner of labor. Working at Sec. 92 (as amended by ctiapter 561, Acts of 1903). No male ^hPp/s^pV'^ ^ child under the age of eighteen years, nor any female, shall be ^ ■ employed in any factory in this State in operating or using any emery, tripoli, rouge, corundum, stone, carborundum or any abra- sive, or emery polishing or buffing wheel, where articles of the baser metals or of iridium are manufactured. The owner, agent or lessee of a factory who employs any such person in the per- formance of such work is guilty of a misdemeanor and upon con- viction thereof shall be fined in tlie sum of fifty dollars for each such violation. The commissioner of labor, his assistants and deputies, shall enforce the provisions of this section. Employment Sec. 133 (added by chapter 375, Acts of 1906). No child under in mines. sixteen years of age shall be employed, permitted or suffered to work in or in connection with any mine or quarry in this State. No female shall' be employed, permitted or suffered to work in any mine or quarry in this State. Employment of women and children in stores, offices, etc. (Page 2114.) Application SECTION 160. The provisions of this article shall apply to all of law. villages and cities which at the last preceding State enumeration liad a population of three thousand or more. Hours of la- Sec. 161 (as amended by chapter 490, Acts of 1906). No child ''°'"- under the age of sixteen years shall be employed, permitted or suffered to work in or in connection with any mercantile estab- lishment, business oflice, or telegraph office, restaurant, hotel, apartment house, or in the distribution or transmission of mer- chandise or messages, more than fifty-four hours in any one week, or more than nine hours in any one day, or before seven o'clock in the morning or after ten o'clock in the evening of any day. Night work. But in cities of the tirst class no child under the age of sixteen years shall be employed, permitted or suffered to work in or in connection with any such establishment after seven o'clock in the Females. evening of any day. No female employee between sixteen and twenty-one years of age shall be required, permitted or suffered to work in or in connection with anj- mercantile establishment more than sixty hours in any one week ; or more than ten hours in any one day, unless for the purpose of making a shorter workday of some one day of the week ; or before seven o'clock in the morning or after ten o'clock in the evening of any day. This section does not apply to the employment of persons sixteen years of age or upward on Saturday, provided the total number of hours of labor in a week of any such person does not exceed sixty hours, nor to the employment of such persons between the fifteenth day of December and the following first day of January. Not less than Time for forty-five minutes shall be allowed for the noonday meal of the ™*^'^- employees of any such establishment. Age limit. Sec. 162 (as amended by chapter 490, Acts of 1906). No child under the age of fourteen years shall be employed, permitted or suffered to work in or in connection with any mercantile or other establishment specified in the preceding section, except that a child upward of twelve years of age may be employed therein in villages and cities of the second or third class, during the summer vacation of the public schools of the city or district where such establish- ment is situated. No child under the age of sixteen years shall be employed in any such establishment, unless an employment cer- Certiflcate. tificate issued as provided in this article, shall have been thereto- fore filed in the office of the employer at the place of employment of such child. WOMAN AND CHILD LABOR LAWS NEW YORK. 95 [Sections 163 to 165, inclusive, are identical with sections 71 to 73, pages 90 to 92, supra.] Sec. 166 (as amended by chapter 255, Acts of 1903). Children vacation em- of the age of twelve years or .more who can read and write simple pioyment. sentences In the Engli^ language, may be employed, in mercantile" and other establishmelits specified in section one hundred and sixty-one, in villages and cities of the third class during the sum- mer vacation of the public schools in the city or school districts where such children reside upon obtaining the vacation certificate herein provided. Such certificate shall be issued in the same man- ner, upon the same conditions, and on like proof that such child is twelve years of age or upwards, and is in sound health, as is required for the issuance of an employment certificate under this article, except that a school record of such child shall , not be required. The certificates provided for in this section shall be designated summer vacation certificates, and shall correspond in form and substance as nearly as practicable to such employment certificate, and shall in addition thereto specify the time in which the same shall remain in force and effect which in no case shall be other than the time in which the public schools where such children reside are closed for a summer vacation. Sec. 167 (as amended by chapter 255, Acts of 1903, and chapter Register. 493, Acts of 1905). The owner, manager, or agent of a mercantile or other establishment specified in section one hundred and sixty- one, employing children, shall keep or cause to be kept, in the oflice of such establishment, a register, in whicli shall be recorded the name, birthplace, age and place of residence of all children so employed under the age of sixteen years. Such register and the certificates filed in such oflice shall be produced for inspection, upon the demand of an officer of the board, department or commis- sioner of health of the town, village or city where such establish- ment is situated. On termination of the employment of the child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or custodian. An ofiicer of the board, depart- ment or commissioner of health of the town, village or city where a mercantile or other establishment mentioned in this article is situated, may make demand on an employer in whose establish- ment a child apparently under the age of sixteen years is employed or permitted or sufCered to work, and whose employment certificate is not then filed as required by this chapter, that such employer shall either furnish him within ten days, evidence satis- factory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such establishment. The ofiUcer may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate ; and the employer furnishing such evidence shall not be required to furnish any fur- ther evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said establishment, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corporation such notice may be served either personally upon an ofl3cer of such corporation, or by sending it by post addressed to the ofiice of the principal place of business of such corporation. The papers con- stituting such evidence of age furnished by the employer in re- sponse to such demand shall be filed with the board, department, or commissioner of health and a material false statement made in any such paper or affidavit by any person, shall be a misdemeanor. In case such employer shall fail to produce and deliver to the officer of the board, department, or commissioner of health within ten days after such demand such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such mercantile or other 96 WOMAN AND CHILD LABOR LAWS NEW YOBK. establishment, proof of the giving of such notice and of such fail- ure to produce and file such evidence sha. 1 be prima facie evidence in any prosecution brought for a violation of this article that such child Is under sixteen years of age and is unlawfully employed. Wash rooms, Sec. 168. Suitable and proper wash rooms and water-closets etc- shall be provided in, adjacent to or connected with mercantile establishments where women and children are employed. Such rooms and closets shall be so located and arranged as to be easily accessible to the employees of such establishments. Such water-closets shall be properly screened and ventilated, and, at all times, kept in a clean condition. The water-closets assigned to the female employees of such establishments shall be separate from those assigned to the male employees. If a mercantile establishment has not provided wash rooms and water-closets, as required by this section, the board or department of health or health commissioners of the town, village or city where such establishment is situated, shall cause to be served upon the owner of the building occupied by such establishment, a written notice of the omission and directing such owner to- comply with the provisions of this section respecting such wash rooms and water-closets. Such owner shall, within fifteen days after the receipt of such notice, cause such wash rooms and water-closets to be provided. Lunchrooms. SEC. 169. If a lunch room is provided in a mercantile establish- ment where females are employed, such lunch room shall not be next to or adjoining the water-closets, unless permission is first obtained from the board or department of health or health com- missioners of the town, village or city where such mercantile es- tablishment is situated. Such permission shall be granted unless it appears that proper sanitary conditions do not exist, and it may be revoked at any time by the board or department of health or health commissioner, if it appears that such lunch room is kept in a manner or in a part of the building injurious to. the health of the employees. Seats. Sec. 170. Chairs, stools or other suitable seats shall be main- tained in mercantile establishments for the use of female em- ployees therein, to the number of at least one seat for every three females employed, and the use thereof by such employees shall be allowed at such times and to such extent as may be necessary for ' the preservation of their health. If the duties of the female em- ployees, for the use of whom the seats are furnished, are to be principally performed in front of a counter, table, desk or fixture, such seats shall be placed in front thereof ; If such duties are to be principally performed behind such counter, table, desk or fix- ture, such seats shall be placed behind the same. Basements. Sec. 171. Women or children shall not be employed or directed to work in the basement of a mercantile establishment, unless permitted by the board or department of health, or health com- missioner of the town, village or city where such mercantile estab- lishment is situated. Such permission shall be granted unless it appears that such basement is not sufiBciently lighted and venti- lated, and is not in good sani]tary condition. Enforcement. Sec 172 (as amended by chapter 255, Acts of 1903). The board or department of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Proceedings to prosecute such violations must be begun within thirty days after the alleged offense was committed. All officers and members of such boards, or department, all health commissioners, inspectors, and other persons appointed or designated by such boards, departments or commissioners may visit and inspect at reasonable hours and when practicable and necessary, all mercantile or other establish- ments herein specified within the town, village or city for which they are appointed. No person shall interfere with or prevent any such officer from making such visitations and inspections, nor shall he be obstructed or injured by force or otherwise while in the performance of his duties. All persons connected with any WOMAN AND CHILD LABOR LAWS — NEW YORK. 97 such mercantile or other establishment herein specified shall properly answer all questions asked by such officer or inspector in reference to any of the provisions of this article. Sec. 173 (as amended by chapter 255, Acts of 1903). A copy of Law to be this article shall be posted in three conspicuous places in each posted, establishment affected by its provisions. Sec. 174 (added by chapter 151, Acts of 1903, amended by chap- SeiUngnews- ter 519, Acts of 1905). No male child under ten, and no girl under papers, sixteen years of age shall in any city of the first or second class sell or expose or offer for sale newspapers in any street or public place. Sec. 175 (added by chapter 151, Acts of 1903). No male child Badges, actually or apparently under fourteen years of age shall sell or expose or offer for sale said articles unless a permit and badge as hereinafter provided shall have been issued to him by the dis- trict superintendent of the board of education of the city and school district where said child resides, or by such other officer thereof as may be officially designated by such board for that purpose, on the application of the parent, guardian or other person having the custody of the child desiring such permit or badge, or in case said child has no parent, guardian or custodian then on the application of his next friend, being an adult. Such permit and badge shall not be issued until the officer issuing the same shall have received, examined, approved and placed on file in his office satisfactory proof that such male child is of the age of ten years or upwards. No permit or badge provided for herein shall be valid for any purpose except during the period in which such proof shall remain on file, nor shall such permit or badge be authority beyond the period fixed therein for its duration. After having received, examined, approved and placed on file such proof the officer shall issue to the child a permit and badge. Sec. 176 (added by chapter 151, Acts of 1903). Such permit shall Permit to state the date and place of birth of the child, the name and ad- state what, dress of its parent, guardian, custodian or next friend as the case may be and describe the color of hair and eyes, the height and weight and any distinguishing facial mark of such child, and shall further state that the proof required by the preceding sec- tion has been duly examined, approved and filed ; and that the child named in such permit has appeared before the officer issuing the permit. The badge furnished by the officer issuing the per- mit shall bear on its face a number corresponding to the number of the permit, and the name of the child. Every such permit, and every such badge on its reverse side, shall be signed In the presence of the officer issuing the same by the child in whose name it is issued. Sec. 177 (added by chapter 151, Acts of 1903, amended by chap- Badge to be ter 519, Acts of 1905) . The badge provided for herein shall be worn worn, conspicuously at all times by such child while so working; and such permit and badge shall expire at the end of one year from the date of their Issue. No child to whom such permit and badge are issued shall transfer the same to any other person nor be engaged In any city of the first or second class as a newsboy, or shall sell or expose or offer for sale newspapers in any street or public place without having upon his person such badge, and he shall exhibit the same upon demand at any time to any police, or attendance officer. Sec. 178 ( added by chapter 151, Acts of 1903 ) . . The parent, guard- r e t u r n of ian, custodian or next friend, as the case may be, of every child badge, to whom such permit and badge shall be issued shall surrender the same to the authority by which said permit and badge are issued at the expiration of the period provided therefor. Sec 179 (added by chapter 151, Acts of 1903). No child to whom s e 1 1 Ing at a permit and badge are issued as provided for in the preceding night, sections shall sell or expose or offer for sale any newspapers after ten o'clock in the evening. 7054—07 7 98 WOMAN AND CHILD LABOE LAWS BTEW YORK. Law strued. Failure to Violations. Sec. 179a (added by chapter 151, Acts of 1903, amended by chapter 519, Acts of 1905). Any child who shall work in any city of the first or second class in any street or public place as a news- boy or shall sell or expose or offer for sale newspapers under cir- cumstances forbidden by the provisions of this article, must be arrested and brought before a court or magistrate having juris- diction to commit a child to an incorporated charitable reformatory or other institution and be dealt with according to law ; and if any such child is committed to an institution, it shall when practi- cable, be committed to an institution governed by persons of the same religious faith as the parents of such child. 2. Nothing in this act contained shall be deemed or construed to repeal, amend, modify, impair or in any manner affect any pro- vision of the Penal Code or the Code of Criminal Procedure. Sec. 207. Any person employing females in a factory or mercaa- provide seats tile establishment who does not provide and maintain suitable for females. ggats for the'use of such employees and permit the use thereof by such employees to such an extent as may be reasonable for the preservation of their health, is guilty of a misdemeanor. . Sec. 209 (as amended by chapter 380, Acts of 1903). Any person who violates or does not comply with : 1. The provisions of article six [sections 70 to 92] of the labor law, relating to factories ; 4. The provisions of article eleven [sections 160 to 173] of the labor law, relating to mercantile establishments, and the employ- ment of women and children therein ; 5. Any person who knowingly makes a false statement in or in relation to any application made for an employment certificate as to any matter required by articles six and eleven of the labor law to appear in any affidavit, record, transcript or certificate therein provided for, is guilty of a misdemeanor and upon conviction shall be punished for a first offense by a fine of not less than twenty nor more than one hundred dollars ; for a second offense by a fine of not less than fifty nor more than two hundred dollars, or by im- prisonment for not more than thirty days or by both such fine and imprisonment ; for a third offense by a fine of not less than two hundred and fifty dollars, or by imprisonment for not more than sixty days, or by both such fine and Imprisonment. Sundry latlons. vlo- Penalty. Age of employment of telegraph operators on railroads. (Page 3005.) Limit of Section 186. Any person * * * ^jjq employs a person as a 18 years. telegraph operator who is under the age of eighteen years, or who has less than one year's experience in telegraphing, to receive or transmit a telegraphic message or train order for the movement of trains, is guilty of a misdemeanor. ACTS OF 1903. Chapteb 486. — Employment of females in barrooms, etc. Employment prohibited. Section 31. * * * It shall not be lawful for any person, whether having paid such [liquor] tax or not, f. To permit any girl or woman, not a member of his family, * * to sell or serve any liquor upon the premises; » * "» „ WOMAN AND CHILD LABOR LAWS — NORTH CAROLINA. . 99 NORTH CAROLINA. CONSTITUTION. Abtiole X. — Earnings of married women. Section 6. The real and personal property of any female in this Earnings sep- State acquired before marriage, and all property, real and per- ^'■**® property. sonal, to which she may, after marriage, become in any manner entitled, shall be and remain the sole and separate estate and property of such female, and shall not be liable for any debts, obligaiions or engagements of her husband, and may be devised and bequeathed, and, with the written assent of her husband, con- veyed by her as if she were unmarried. EBVISAL OF 1905. Earnings of married women. Section 2093. [This section repeats the language of the section of the State constitution given above.] Employment of children. Section 3362. If any mill owner, superintendent or other per- Age limit. son acting in behalf of a factory or manufacturing establishment shall knowingly and willfully employ any child under twelve years of age to work in any factory or manufacturing establishment, except in oyster canning and packing manufactories where said Exceptions, canning and packing manufactories pay for opening or shucking oysters by the gallon or bushel, he shall be guilty of a misde- meanor. Employment of minors in violation of this section is negligence, which, if tonowed by injury, gives a cause of action. 53 S. E. Rep. 891. Illegal employment is negligence per se. 57 S. E. Rep. 11. Sec. 3363. If any mill owner, superintendent, or other person Hours of ia- acting in behalf of a factory or manufacturing establishment shall knowingly and willfully require any person under eighteen years of age, except engineers, firemen, machinists, superintendents, overseers, section and yard hands, office men, watchmen or re- pairers of breakdowns, to work in such factories or establishments a longer period than sixty-six hours in one week, he shall be guilty of a misdemeanor, Sec. 3364. If any parent or person standing in the relation of Statement as parent, upon hiring his children to any factory or manufacturing °^*' establishment, shall fail to furnish such establishment a written statement of the age of such child or children being so hired, and if any such parent, or person standing in the relation of parent to such child or children shall, in such written statement misstate the age of such child or children being so employed he shall be guilty of a misdemeanor, and upon conviction shall be punished at the discretion of the court. Employing minors with intent to defraud. Section S428a. Whenever any person having a contract with Failure to any corporation, company or person for the manufacture or P^^ P'''^® ^°' dhange of any raw material by the piece or pound shall hire and employ any minor to assist in said work upon the faith of and by color of said contract and with intent to cheat and defraud said minor, and shall secure the contract price and shall willfully fail to pay said minor when he shall have performed his part of said contract work, whether done by the day or by the job, the person so offending shall be guilty of a misdemeanor, and upon conviction Penalty, shall be fined not more than fifty dollars or imprisoned not more than thirty days. 100. WOMAN AND CHILD LABOR LAWS NORTH CAROLINA. Employing minors for service outside of State. Consent of SECTION 3630. If any person shall employ and carry beyond the parents. limits of this State, any minor, or shall induce any minor to go beyond the limits of this State for the purpose of employment without the consent in writing, duly authenticated, of the parent, guardian or other person having authority over such minor, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred and not more than one thou- sand dollars for each offense. The fact of the employment and going out of the State of the minor, or of the going out of the State by the minor, at the solicitation of the person for the purpose of employment, shall be prima facie evidence of knowledge that the person employed or solicited to go beyond the limits of the State is a minor. Hiring out loomen and children to support men in idleness. Who are va- Section 3740. If any person shall come within any of the fol- grants. lowing classes, he shall be deemed a vagrant, and shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. « 4: « ^ * 6. All able-bodied men who have no other visible means of support who shall live in idleness upon the wages or earnings of their mother, wife or minor child or children, except male child or children over eighteen years of age. Employment of children in mines. Age limit. SECTION 4931. No minor under twelve years of age shall be allowed to work in any mine, and in all cases of minors applying for work the agent of such mine shall see that the provisions of this section are not violated ; and the inspector may, when doubt exists as to the age of any person found working in any mine, examine under oath such person and his parents, or other wit- nesses, as to his age. Application ggc. 4952. The provisions of this chapter shall not apply to or of law. affect any mine in which not more than ten men are employed at the same time ; * * * ACTS OP 1907. Chapter 463. — Employment of children. Age limit. Section 1. No child under twelve years of age shall be em- ployed or worked in any factory or manufacturing establishment within this State : Provided further. That after one thousand nine hundred and seven no child between the ages of twelve and thirteen years of age shall be employed or work in a factory ex- cept in apprenticeship capacity, and only then after having at- tended school four months in the preceding twelve months. Hours of la- Sec. 2. Not exceeding sixty-six hours shall constitute a week's l""^- work in all factories and manufacturing establishments of this State. No person under eighteen years of age shall be required to work in such factories or establishments a longer period than sixty-six hours in one week : Provided, That this section shall not apply to engineers, firemen, machinists, superintendents, overseers, section and yard hands, office men, watchmen or repairers of breakdowns. Certificates. Sec. 3. All parents, or persons standing in the relation of parent, upon hiring their children to any factory or manufacturing estab- lishment, shall furnish such establishment a written statement of the age of such child or children being so hired, and certificate as to school attendance ; and any parent, or person standing in the relation of parent to such child or children, who shall in such written statement misstate the age of such child or children being WOMAN AND CHILD LABOR LAWS — NORTH CAROLINA. 101 SO employed, or their school attendance, shall be guilty of a mis- demeanor, and upon conviction shall be punished at the discretion of the court. Any millowner, superintendent or manufacturing Penally, establishment, who shall knowingly or willfully violate the pro- visions of this act shall be guilty of a misdemeanor and upon con- viction shall be punished at the discretion of the court. Sec. 4. After one thousand nine hundred and seven no boy or Night work, girl under fourteen years old shall work in a factory between the hours of eight p. m. and five a. m. Sec. 5. This act shall be In force from and after January first, Act in force, one thousand nine hundred and eight. when. NORTH DAKOTA. CONSTITUTION. Abticle 17. — Employment of children — Age limit. Section 209. The labor of children under twelve years of age Age limit, shall be prohibited In mines, factories and workshops in this State. REVISED CODES OF 1899. Political Code. Em,ploym,ent of children. Section 759. Every parent, guardian or other person having School at- control of any child between eight and fourteen yeafs of age, tendance re- shall be required to send such child to a public school in the dis- 1"'"'^"- trict, city or village in which he resides at least twelve weeks in each school year, six weeks of which shall be consecutive ; * * * Provided, That such parent, guardian or other person having con- Proviso, trol of any child shall be excused from such duty by the school board of the district or the board of education of the city or vil- lage, whenever It shall be shown to their satisfaction, subject to appeal as provided by law, that one of the following reasons therefor exists : 1. That such child is taught for the same length of time in a private school, approved by such board ; but no school shall be approved by such board unless the branches usually taught in the public schools are taught in such school. 2. That such child has already acquired the branches of learn- ing taught in the public schools. 3. That such child is in such a physical or mental condition (as declared by the county physician if required by the board), as to render such attendance inexpedient or impracticable. If no school is taught the requisite length of time within two and one-half miles of the residence of such child by the nearest route, such attendance will not be enforced. * * * Sec 762. No child between eight and fourteen years of age Employment shall be employed in any mine, factory or workshop or mercantile gur'^ng school establishment, or, except by his parents or guardian, in any other manner, during the hours when the public schools in the city, village or district are in session, unless the person employing him shall first procure a certificate from the superintendent of schools Certificate, of the city or village, if one is employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as provided in section 759 ; and it shall be the duty of such super- intendent or clerk to furnish such certificate upon application of the parent, guardian or other persons having control of such child, entitled to the same. Sec. 763. Each owner, superintendent or overseer of any mine. Penalty, factory workshop or mercantile establishment, and any other person who shall employ any child between eight and fourteen 102 WOMAN AND CHILD LABOR LAWS-'-^NOETH DAKOTA. years of age contrary to the provisions of this article, is guil^ of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum not less than twenty nor more than fifty dollars and costs. Each person authorized to sign a certificate as prescribed in the preceding section, who certifies to any mate- rially false statement therein, shall be fined not less than twenty nor more than fifty dollars and costs. Civil Code. Earnings of married women. Section 2770. Neither the husband nor the wife, as such, is answerable for the acts of the other. Earnings Sep- 2. The earnings of the wife are not liable for the debts of the arate property, husband and the earnings and accumulations of the wife and of her minor children living with her or in her custody, while she is living separate from her husband, are the separate property of the wife. ***** Earnings of minors. Payment to SECTION 2793. The wages of a minor employed in service may be minors valid, p^j^ ^q jjJjj, ^j. jjer until . the parent or guardian entitled thereto ^ *°' gives the employer notice that he claims such wages. Penal Code. Hours of lahor of women and children. Ten hours a SECTION 76G6. Every owner, stockholder, overseer, employer, day's work. clerk or foreman, of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having con- trol, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a mis- demeanor, and upon conviction, shall be puuished by fine not exceeding one hundred and not less than ten dollars. OHIO. BATES' ANNOTATED STATUTES— THIRD EDITION. Part I. — Political. Employment of children in mines. Age limit. Section 302. No child under fifteen years of age shall be allowed to work in any mine, during the school term of the public schools in the district in which such minor resides, and no child under fourteen years of age shall be employed in any mine during the vacation interim of the public schools in the school district in which such minor resides, and in all cases of minors applying for work the agent of such mine shall see that the provisions of this section are not violated ; he shall also keep a record of all minors employed by him, or by any person employed in said mines, giving the name, age, place of birth, parents' name and residence, with character of employment, and he shall demand from such minor proof that he has complied with the requirements of the school laws ; and it shall be the duty of the mine inspector to Inspect such record and to report to the chief inspector of mines the number of minors employed in or about such mines and to enforce the provisions of this section. Enforcement. Sec. 303. In case any coal mine does not, in appliances for the safety of the persons working therein, conform to the provisions of this chapter, or the owner or agent disregards the requirements of WOMAK AND CHILD LABOR LAWS — 'OHIO. 108 •this chapter, any court of competent jurisdiction may, on applica- tion of the inspector, by civil action, in the name of the State, enjoin or restrain the owner or agent from working or operating such mine, until It is made to conform to the provisions of this chapter ; and sueh remedy shall be cumulative, and shall not take the place of or affect any other proceedings against such owner or agent authorized by law for the matter complained of in such action. Employment of children in elevators. Section 2575-91. No person under twenty-one years of age shall Minors not be employed in running or operating any electric, steam or to operate. hydraulic passenger or freight elevators, and it shall be unlawful for any firm, company or person in the State of Ohio, owning, oper- ating or having in charge any such passenger or freight elevator or elevators to employ a person under twenty-one years of age to run or operate any such elevator. SiEC. 2575-92. Any person, firm or corporation, or any agent, trus- Penalty, tee, director, officer or employee of any person, firm or corporation, who shall employ any person contrary to the provisions of the fore- going section, or who shall violate any of its provisions, shall, upon conviction thereof, be fined in any sum not less than twenty- five nor more than one hundred dollars, or imprisonment not less than thirty nor more than sixty days. Paet II. — Civil. Employment of children during school term — Illiterates. Section 4022-1 (as amended by act, page 615, Acts of 1&02). School at- AU parents, guardians and other persons who have care of chil- *®°pg^''® ■"*" dren, shall instruct them, or cause them to be instructed In read- ing, spelling, writing, English grammar, geography and arithmetic. Every parent, guardian or other person having charge of any child between the ages of eight and fourteen years shall send such child to a public, private or parochial school, for the full time that the school attended is in session, which shall in no case be for less than twenty-four weeks, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance by the superintendent of the puhlic schools, in city or other districts having such superintendent, or by the clerk of the board of education in village, special and township districts not having such superintendent, or by the principal of the private or parochial school, upon satisfactory showing, either that the bodily or mental condition of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified * * * to teach the branches named in this section. * * * All children between the ages of fourteen and sixteen years, not engaged in some regular employment, shall attend school for the full term the schools of the district in which they reside are in session during the school year, unless excused for [the] reasons above named. * * * Sec. 4022-2 (as amended by act, page 615, Acts of 1902, and act, Certlfitates. page 334, Acts of 1904). No child under sixteen years of age shall be employed or be in the employment of any person, company or corporation during the school term and while the public schools are in session, unless such child shall present to such person, com- pany or corporation an age and schooling certificate herein pro- vided for. An age and schooling certificate shall be approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having sueh superintendent, or by the clerk of the board of education in village, special and town- ship districts not having such superintendent, upon a satisfactory proof of the age of such minor and that he has successfully com- pleted the studies enumerated in section 4022-1 of the Revised Statutes of Ohio ; or if between the ages of fourteen and sixteen years, a knowledge of his or her ability to read and write legibly 104 WOMAN AND CHILD LABOR LAWS — OHIO. the English language. The age and schooling certificate shall be formulated by the State commissioner of common schools and the same furnished, in blank, by the cleric of the board of education. Every person, company or corporation employing any child under sixteen years of age, shall exact the age and schooling certificate prescribed in this section, as a condition of employment and shall keep the same on file, and shall upon request of the truant officer herein provided for, permit him to examine such age and schooling certificate. Any person, company or corporation, employing any minor contrary to the provisions of this section shall be fined not less than tvi'enty-five nor more than fifty dollars. Illiterates. Sec. 4022-3 (as amended by act, page 615, Acts of 1902). All minors over the age of fourteen and under the age of sixteen years, who can not read and virite the English language shall be required to attend school as provided in section 4022-1 of the Revised Statutes of Ohio and all the provisions of said section shall apply to said minors : Provided, That such attendance shall not be required of such minors after they have secured a certifi- cate from the superintendent of schools, in districts having super- intendents or the clerk of the board of education in districts not having superintendents, that they can read and write the English language. No person, company or corporation shall employ any such minor during the time schools are in session, or having such minor in their employ shall immediately cease such employment, upon notice from the truant officer who is hereinafter provided for. Every person, company or corporation violating the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars. Enforcement, ggc. 4022-5. To aid in the enforcement of this act, truant offi- •ers shall be appointed * * * ; The truant officer shall be zested with police powers, the authority to serve warrants, and shall have authority to enter workshops, factories, stores and all other places where children may be employed, and do whatever may be necessary, in the way of investigation or otherwise, to enforce this act ; he is also authorized to take into custody the person of any youth between eight and fourteen years of age, or between fourteen and sixteen years of age when not regularly employed or when unable to read and write the English language, who is not attending school, and shall conduct said youth to the school he has been attending, or which he should rightfully attend. The truant officer shall institute proceedings against any officer, parent, guardian, person or corporation violating any pro- visions of this act, * * * Children of Sec. 4022-9 (as amended by act, page 615, Acts of 1902). When dependent par- any truant officer is satisfied that any child, compelled to attend ents, etc. school by the provisions of this act, is unable to attend school because absolutely required to work, at home or elsewhere, in order to support itself or help support or care for others legally entitled to its services, who are unable to support or care for themselves, the truant officer shall report the case to the authori- ties charged with the relief of the poor, and it shall be the duty of said officers to afford such relief as will enable the child to attend school the time each year required under this act. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein provided for. * * * In all cases where relief is necessary it shall be the duty of the board of education to furnish text books free of charge and said board may furnish any further relief it may deem necessary, the ex- penses incident to furnishing said books and relief to be paid from the contingent funds of the school district. Retaining wages of minors — Written contracts. Fines, etc., SECTION 4364-65. It shall be unlawful for any person, company prohibited. or corporation doing business in the State of Ohio, to retain or withhold from an employee, male or female, who is a minor, the wages or compensation, or any part thereof, agreed to be paid to WOMAN AND CHILD LABOR LAWS — OHIO. 105 such employee, and due to the same for work performed or services rendered, because of presumed negligence or failure to comply with rules, or for breakage of machinery, or for alleged incompetency to produce work or to perform labor in accordance with any standard of merit set up; nor shall any firm, corpora- tion, or individual as aforesaid, receive any guarantee, bonus, or money deposit, or any other form of security, in order to obtain or to secure for any such minor employment, or to insure faithful performance of labor, or to guarantee strict observance of rules, or to make good any losses which may be ascribed or charged to the incompetence, negligence, or inability of such minor employee. Sec. 4364r-6e (as amended by act, page 59S, Acts of 1902). No contracts to person, company or corporation, as aforesaid, shall give employ- be iQ writing, ment to any minor, without agreeing with said minor what wages or compensation he or she shall be entitled to receive per day, week, month or year or per piece for work performed ; and written evidence of such agreement shall be furnished to such minor, and on or before each pay day a statement of earnings due, and the amount thereof to be paid to him or her on such pay day shall be given to such minor, and no subsequent change shall be made in the wages or compensation of such minor without notice of the same being given to him or her at least twenty-four hours previous to its going into effect, and when such change is effected written agreement shall be given as in the first instance to said minor employee. Sec. 4364-67. Any person, or officer, or agent of any company or Penalty, corporation, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, be fined in any sum not exceeding two hundred dollars, or imprisonment in the county jail for a period not exceeding six months, or both, at the discretion of the court ; and it is hereby declared to be the duty of the State inspector of workshops and factories to see that the provisions of this act shall be enforced. Seats, etc., for female employees. Section 4364—69. Every person or corporation employing female Seats to be employees in any manufacturing, mechanical or mercantile estab- P™^'"'*''- lishments in this State, shall provide a suitable seat for the use of each female employee so employed, and shall permit the use of such by them when they are not necessarily engaged in the active duties for which they are employed, and shall permit the use of such seats at all times when such use would not actually and neces- sarily interfere with the proper discharge of the duties of such employees, and such seat shall be constructed or adjusted where practicable so as to be a fixture and not obstruct such female when actually engaged in the performance of such duties when such seat can not be used. And the owner of the building shall provide, on Toilet rooms. the same floor, or floor immediately above or below, of the building wherein any female persons are employed, suitable and separate toilet and dressing rooms and water-closets for the exclusive use of such female employees, and where possible, such dressing rooms and water-closets shall be situated together, with one water-closet for every twenty-five females or less, and where there are more than twenty-five there shall be provided aif additional water- closet, up to the number of fifty, and above that number in the same ratio : Provided, That no such closet for the use of females shall be placed in a basement or cellar, unless such basement or cellar is used for manufacturing, mechanical or mercantile pur- poses, and females are employed therein : And, provided, further, That such closets, in the same ratio as above mentioned, shall be placed on the outside of such building at a distance not to ex- ceed twenty feet in such cities, towns and villages as are not provided with a system of waterworks; unless such building is provided with a dry closet system such closets to be kept in good sanitary condition at all times. The State inspector of factories 106 WOMAN AND CHILD LABOR LAWS— OHIO. and workshops is hereby charged with the duty of seeing that the provisions of this section are observed and enforced. Penalty. Sec. 4364-70. Any person or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdic- tion shall be punished by a flue not less than ten dollars nor more than twenty-five dollars for each offense. Part IV. — Penal. Certain employments of children forbidden. Acrobatic, SECTION 6984. Whoever takes, receives, hires, employs, uses, occupations**'^" exhibits, or in any manner, or under any pretense, sells, appren- tices, gives away, lets out, or otherwise disposes of, to any person, any child under the age of fourteen years, for or in the vocation, occupation, service, or purpose of singing, playing on musical in- struments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, contortionist, rider, or acrobat, or for or in any obscene, indecent, or immoral purpose, exhibition, or practice, or for or in any business, exhibition, or vocation injurious to the health or dangerous to the life or limbs of such child, or causes, or procures, or encourages, any such child to engage therein, or causes or permits any such child to suffer, or Inflicts upon it, un- justifiable physical pain or mental suffering, or willfully causes or permits the life of any such child to be endangered, or its health to be injured, or such child to be placed in such situation that its life may be endangered, or its health injured, or has in custody any such child for any of the purposes aforesaid, shall be fined not more than two hundred dollars, or imprisoned not more than six months, or both. Dangerous Sec. 6986-1. No child under the age of sixteen years, shall be employments, employed by any person, firm or corporation in this State, at em- ployment whereby its life or limb is endangered, or its health is likely to be injured, or its morals may be depraved by such em- ployment. Penalty. Sec. 6986-2. Any person, firm or corporation in this State who willfully causes or permits the life or limb of any child under the age of sixteen years to be endangered, or its health to he injured, or its morals to become depraved, from and while actually in their employ, or who willfully permits such child to be placed in such a position or to engage in such employment that its life or limb is in danger, or its health likely to be injured, or its morals likely to be impaired by such position or employment, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten ($10) dollars nor more than fifty ($50) dollars, or Imprisonment not less than thirty nor more than ninety days for each and every offense. Enforcement. Sec. 6986-3. It shall be the duty of the State inspector of work- shops and factories to enforce the provisions of this act. Employment of children. Age limit. SECTION 6986-7 (as amended by act, page 598, Acts of 1902, and act, page 321, Acts of 1904). No child under the age of fourteen years shall be employed in qny factory, workshop, mercantile or other establishment, directly or indirectly at any time, nor be employed as messenger or driver therefor; and no child under [said] the age shall be employed in any other manner, whether it be for compensation or otherwise, when the public schools in which district such child resides are in session. Cei-tiflcates. Every person, company or corporation, or agent having charge of or the management of such factory, workshop, mercantile or other establishment employing any child over fourteen years and under sixteen years of age, shall exact the age and schooling certificate prescribed in section 4022-2 as a condition of employment, and shall keep the same on file, and shall upon the request of the chief or district inspector of workshops and factories produce said cer- WOMAN AND CHILD LABOR LAWS — OHIO. 107 tiflcates for inspection ; but no person authorized as aforesaid ^all approve such certificates for any child under sixteen years ef age then In or about to enter his own employment or the em- ployment of a firm, company or corporation of which he is a member, officer, or employee. An age and schooling certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of birth or baptism, or in some such manner, that said child is of the age required as aforesaid; failure to produce to an inspector of workshops and factories an age and schooling certificate, as aforesaid required, shall be prima facie evidence of the illegal employment of any person whose age and schooling certificate is not produced. In case of doubt of the physical fitness of such minor, the in- spector shall require a certificate signed by a medical officer of the board of health, certifying that such child is in sound health and physically able to perform the work he is required to do. Sec. 6986-8 (as amended by act, page 598, Acts of 1902, and act, Register. page 321, Acts of 1904). It shall be the duty of every person employing minors under the age of eighteen years to keep a reg- ister in which shall be recorded the name, birthplace, age and place of residence of every minor employed by him under the age of eighteen years. No boy under sixteen years of age and no Night work, girl under eighteen years of age, shall be employed at any worls at ni0it time later than seven o'clock in the evening nor earlier than six o'clock in the morning, and no minor under eighteen years of age shall be employed in any of the places named in section 6986-7 of the Revised Statutes of Ohio for a longer period than ten hours in one day, nor more than fifty-five hours in one week ; Hours of la- and every such minor under eighteen years of age shall be enti- tor. tied to no less than thirty minutes for mealtime at noon, but such mealtime shall not be included as part of the work hours of the day; and every employer shall post in a conspicuous place in every room where such minors are employed a printed notice stating the maximum number of woric hours required in one week, and in each day of the week from such minors ; such printed notice to be furnished by the chief inspector of workshops and factories, and approved by the attorney-general. Sec. 6986-9 (as amended by act, page 321, Acts of 1904). Any Penalty. person, firm or corporation who shall employ any minor contrary to the provisions of this act, or who shall violate any of the pro- visions thereof, shall, upon conviction, be fined in any sum not less than ten dollars nor more than fifty dollars, and upon failure or refusal of any such person, firm or corporation to pay said fine or costs according to the order of the court, then such person, firm or corporation shall be imprisoned in the county jail until such fine is paid. OKLAHOMA. STATUTES OF 1893. Hours of labor of women and children. Pabageaph 2550. Every owner, stockholder, overseer, employer. Ten hours a clerk or foreman, of any manufactory, workshop, or other place ' used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age^ or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceeding one hundred and not less than ten dollars. Chapter 40. — Earnings of married women. Pabageaph 2972. ***** Second. The earnings of the wife are not liable for the debts of Earnings sep- the husband, • * • arate property. 108 WOMAN AND CHILD LABOB LAWS OKLAHOMA. Chapteb 59. — Earnings of minors. Payment to Pabaqbaph 3562. The wages of a minor employed in service minors valid, ,^jjy be paid to him or her until the parent or guardian entitled ^ °" thereto gives the employer notice that he claims such wages. OBEGON. ANNOTATED CODES AND STATUTES— 1902. Earnings of married women. Earnings sep- SECTION 31. A wife may receive the wages of her personal labor, arate property, g^n^ maintain an action therefor in her own name, and hold the same in her own right, * * * as if unmarried. ACTS OF 1903. Employment of children. (Act, page 79, as amepded by chapter 208, Acts of 1905.) Age limit. SECTION 2. No child under fourteen years of age shall be em- ployed in any factory, store, workshop, in or about any mine, or in the telegraph, telephone, or public messenger service. Employment Sec. 3. No child under the age of fourteen years shall be em- during school ployed in any worii, or labor of any form, for wages or other ''°"'"^' compensation to whomsoever payable, during the hours when the public schools of the town, district, or city in which he or she resides are in session. School at- Sec. 4. Attendance at school shall be compulsory upon all chil- tendance re- ^ijgn between the ages of eight and fourteen years in all cities, '^^ towns and villages of the State of Oregon during the whole of the school term in the city, town or village in which the child resides, and upon all children in such city, towns, and villages between the ages of fourteen and sixteen years who are not employed in some lawful worls. Hours of la- Sec. 5. No child under sixteen years of age shall be employed at '*°'"- any work before the hour of seven in the morning, or after the hour of six at night, nor employed for longer than ten hours for any one day, nor more than six days in any one week ; and every such child, under sixteen years of age, shall be entitled to not less than thirty minutes for mealtime at noon, but such mealtime shall not be included as part of the work hours of the day ; and every employer shall post in a conspicuous place where such minors are employed, a printed notice stating the maximum work hours required in one week, and in every day of the week, from such minors. The limitation of the hours of labor is a valid exercise of the legisla- tive power. 86 Pac. Rep. 881. Certificates. Sec. 0. No Child under sixteen years of age shall be employed, permitted or suffered to worli in any employment enumerated in section 2 unless the person or corporation employing him pro- cures and keeps on file and accessible to the school authorities of the district where such child resides, and to the police and board of inspectors of child labor an age and schooling certificate as hereinafter prescribed, and keep a complete list of all such children employed therein. Who may is- Sec. 7. An age and schooling certificate shall be executed, issued ^"^- and approved only by the superintendent of schools, or by a person authorized by him in writing or, where there is no superintendent of schools, by a person authorized by the board of school directors : •Provided, That no member of a board of school directors or other person authorized as aforesaid shall have authority to approve such certificate for any child then in or about to enter his own employment, or the employment of a firm or corporation of which he is a member, oflicer or employee. The person approving the certificate shall have authority to administer the oath provided for therein, but no fees shall be charged therefor. WOMAN AND CHILD LABOR LAWS — OREGON. 109 Sec. 8; An age and schooling certificate sliall not be approved unless satisfactory evidence is furnished by the last school census, the duly attested transcript of the certificate of birth or baptism of such child or other religious record, or the register of birth of such child with a town or city clerk, that such child is of the age stated in the certificate. Sec 9. The age and schooling certificate of a child under sixteen years of age shall not be executed, approved and signed until he presents to the person authorized to execute, approve and sign the same an employment ticliet issued by the board of child labor inspectors duly filled out and signed as hereinafter prescribed. A duplicate of each age and schooling certificate shall be filled out and kept on file by the board of school directors. Any explan- atory matter may be printed with such certificate, in the dis- cretion of the board of school directors or superintendent of schools. The employment ticket and the age and schooling cer- tificate shall be separately printed, and shall be filled out, signed, and held or surrendered, as Indicated in the following form : EMPLOYMENT TICKET. height, (feet and inches) complexion, (fair or dark,) hair, When (name of child) — ' , eyes, (color) — (color) , presents an age and schooling certificate duly signed, I intend to employ (him or her) at (nature of occupation.) (Signature of intending employer or agent) (Town or city and date.) AGE AND SCHOOLING CERTIFICATE. This certifies that I am the (father, mother, guardian, or cus- todian) of (name of child) , and that (he or she) was born at (name of town or city) in the county of (name of county, if known) and State (or country) of on the (day and year of birth) and is now (number of years and months) old. (Signature of father, mother, guardian, or custodian.) (Town or city and date.) Then personally appeared before me the above-named (name of person signing) and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing cer- tificate of (name of child) , height, (feet and inches) ■ , eyes, (color) , complexion, (clear or dark,) hair, (color,) having no sufficient reason to doubt that (he or she) is of the age therein certified. I hereby certify that (he or she) can read at sight and (can or can not) write legibly simple sentences in the English language, and that (he or she) has reached the normal development of a child of (his or her) age, and is in sound health and is physically able to perform the work which (he or she) intends to do, and that (he or she) has regularly attended the public schools or a school equivalent thereto, for not less than 160 days during the school year previous to arriving at the age of fourteen years, or during the year pre- vious to applying for such school record, and has received during such period instruction in reading, spelling, writing, English grammar, and geography, and is familiar with the fundamental operations of arithmetic to and including fractions. This certificate belongs to (name of child in whose behalf it is drawn) and is to be surrendered (to him or her) whenever (he or she) leaves the service of the corporation or employer holding the same; but if not claimed by said child within thirty days from such time it shall be returned to the superintendent of schools, or, where there is no superintendent of schools, to the school committee. (Signature of person authorized to approve and sign, with oflicial character or authority.) (Town QV city and date.) Proof of age. Forms. 110 WOMAN AND CHILD LABOB LAWS-^OREGOH. Evidence. Penalty. Same ject. Employment during vaca- tion. Inspectors. Sec. 10. A failure to produce to the school autboritleg o( the district where such child resides and to the police and to the t)oard of inspectors of child labor any age and schooling certifleate or list required by this act shall be prima facie evidence of the illegal employment of any person whose age and schooling certifloate ig not produced or whose name is not so listed. Any corporation or employer retaining any age and schooling certificate in violation of section 5 of this act shall be fined ten dollars. Every person authorized to sign the certificate prescribed by section 5 of this act who knowingly certifies to any materially false statement therein shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than five dollars and not more than fifty dollars. The board of inspectors of child labor or any one or more of them or anyone authorized by such board in writing may visit the factories, worlishops, and mercantile establishments in their sev- eral towns and cities and ascertain whether any minors are em- ployed therein contrary to the provisions of this act, and they shall report any cases of such illegal employment to the proper school authorities and to the district attorney of the county. The board of inspectors of child labor may require that the age and school- ing certificates and lists provided for [by] this act, of minors em- ployed in such factories, workshops, or mercantile establishments, shall be produced for their inspection. Complaints for offenses under this act shall be brought by the board of Inspectcra of child labor to the attention of the proper district attorney and offenses hereunder shall be prosecuted by such district attorney. Sec. 11. Any person or corporation who shall employ a minor contrary to the provisions of this act, or who shall violate any of the provisions thereof, shall be guilty of a misdemeanor and upon conviction shall be fined in a sum not less [than] $10 nor more than $25 for the first offense, nor less than $25 nor more than $50 for the second offense, and be imprisoned for not less than ten nor more than thirty days for the third and each succeeding ofCense. Sec. 12. Any parent or guardian who shall violate any of the provisions of this act or allow any child under their custody or control to be employed contrary to the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall [be] fined not less than five dollars and not more than twenty-five dollars. Sec. 13. The board of inspectors of child labor may in its dis- cretion allow children between the ages of twelve and fourteen to be employed in any suitable work during any school vacation extending over a term of two weeks and may issue permits there- for. It shall be the duty of such board to exercise careful dis- cretion as to the character of such employment and its effect on the physical and moral well-being of the child. Sec. 14. The board of inspectors of child labor of the State of Oregon, heretofore appointed such board under the provislonB of the act of which this is amendatory, are hereby appointed a board of inspectors of child labor of the State of Oregon, and shall serve without compensation. The term for which such inspectors shall serve shall be one, two, three, four, and five years, respectively, from the time of their original appointment, the terms to remain as already determined by lot under said original act, and upon the expiration of the term of any one of said inspectors the governor shall appoint his or her successor to serve for a term of five years. Appointments shall be so made that three at least of said inspec- tors shall always be women. Hours of labor of women — Seats. (Act, page 148, as amended by chapter 200, Acts of 1907.) Ten hours a Section 1. No female shall be employed in any manufacturingi day's work. mechanical or mercantile establishment, laundry, hotel or restau- rant in this State more than ten hours during any one day. The hours of work may be so arranged as to permit the employment WOMAN AND CHILD LABOR LAWS — OREGON. HI of iftmales at any time so that they shall uot work more than ten hours during the twenty-four hours of any one day : Provided, That females may be employed in retail stores to work not to exceed twelve hours in any one day for one week immediately preceding Christmas day. The provisions of this section are constitutional. 85 Pac. Rep. 855. Sec. 2. Every employer in any manufacturing, mechanical or seats to be mercantile establishment, laundry, hotel or restaurant, or other pi-ovided. establishment employing any female, shall provide suitable seats for all female employees, and shall permit them to use such seats when they are not engaged in the active duties of their emjiloj- ment. Sec. 3. Any employer who shall require any female to work in Penalty. any of the places mentioned in section 1 more than the number of hours provided for in this act during any day of tweiity-four liours, or who shall fail, neglect or refuse to so arrange the" work of females in his employ so that they shall not work more than the number of hours provided for in this act during any day of twenty- four hours, or who shall fail, neglect or refuse to provide suitable seats, as provided in section 2 of this act, or who shall permit or suffer any overseer, superintendent, or other agent of any such employer to violate any of the provisions of this act, shttll be guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense not less than $25 nor more than $100. PENNSYLVANIA. BRIGHTLY'S PURDON'S DIGEST, TWELFTH EDITION— 1895. Employment of children. (Page 1015.) Section 9. Any person having the care, custody or control, law- Mendicant ful or unlawful, for [of] any minor child under the age of eighteen occupations years, who shall use such minor or apprentice, give away, let out, '<""''""^^°- hire or otherwise dispose of such minor, to any person, for the purpose of singing, playing on musical instruments, begging, or for any mendicant business whatsoever, in the streets, roads or other highways of this Commonwealth, and whosoever shall take, receive, hire, employ, use or have in custody, any such minor, for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments or begging upon the street, roads, or other highways of the Commonwealth, or for any men- dicant business whatever, shall be guilty of a misdemeanor, and upon conviction thereof * * * shall be fined not less than fifty dollars nor more than one hundred dollars. Sec. 10. Any person having the care, custody or control of any Employment minor child under the age of fifteen years, who shall in any in dance manner sell, apprentice, give away or permit such child to sing, houses, etc. dance, act, or in any manner exhibit, in any dance house what- ever, or in any concert saloon, theater or place of entertainment, where wines or spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected, by any passage- way or entrance, and any proprietor of any dance house whatever, or any such concert saloon, theater or place of entertainment, so employing any such child, shall be guilty of a misdemeanor, and upon conviction thereof * * * shall be fined not less than fifty dollars nor more than one hundred dollars for each offense. Sec. 11. Any person having the care, custody or control of any Acrobatic, minor child under the age of fifteen years, who shall in any etc., employ- manner sell, apprentice, give away or otherwise dispose of such ™''° ®- qhild, and any person who shall take, receive or employ such child for the vocation or occupation of rope or wire walking, or as an acrobat, gymnast, contortionist or rider, and any person who, having the care, custody or control of any minor child whatsoever, 112 WOMAN AND CHILD LABOB LAWS PENNSYLVANIA. Shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child, for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor or employ any minor child in or about any assignation house or brothel, or in any place where any obscene, indecent or illegal exhibition takes place, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, magistrate or court of record, shall be fined not less than fifty dollars nor more than one hundred dollars for each offense. Operating Sec. 12^ No person, firm or corporation shall employ or permit elevators. j,jjy jajnor under the age of fourteen years to have the care, custody, management or operation of any elevator. Any person, firm or corporation, employing any minor under the age of four- teen years to operate, manage or otherwise have the care or. custody of an elevator, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not less than twenty-five dollars nor more than one hundred dollars. Women and Sec. 14 (as amended .by act No. 266, Acts of 1903). No boy "^Ves^" '° under the age of sixteen years, and no woman or girl of any age, ™ ° ■ shall be employed or permitted to be in tiny mine for the purpose of employment therein ; nor shall a boy under the age of fourteen years or a woman or girl of any age, be employed or permitted to be in or about the outside structures or workings of a colliery for the purpose of employment ; but it is provided, however, that this prohibition shall not affect the employment of a boy or female, of suitable age, in an office or in the performance of clerical work at a colliery. Certificates. Sec. 15. When an employer is in doubt as to the age of any boy or youth applying for employment in or about a mine or colliery, he shall demand and receive proof of the said lawful employment age of such boy or youth, by certificate from the parent or guar- dian, before said boy or youth shall be employed. Violations. Sec 16. If any person or persons contravene or fail to comply with the provisions of this act [sections 14 to 16] in respect to the employment of boys, young male persons or females, or if hei or they shall connive with or permit others to contravene or fail to comply with said provisions, or if a parent or guardian of a boy or youQg male person make or give a false certificate of the age of such boy or young male person, or knowingly do or perforin any other act for the purpose of securing employment for a boy or young male person under the lawful employment age and in con- travention of the provisions of this act, he or they shall be guilty of an offense against this act. Earnings of married women. (Page 1301.) Earnings Sep- SECTION 39. The separate earnings of any married woman of ai-ate property. ^^^ g^^^g ^f Pennsylvania, whether said earnings shall be as wages for labor, salary, property, business or otherwise, shall accrue to and inure to the separate benefit and use of said mar- ried woman, and be under the control of such married woman, independently of her husband, and so as not to be subject to any legal claim of such husband, or to the claims of any creditor or creditors of such husband, the same as if such married woman were a feme sole ; * * * Employment of children about mine machinery. (Page 1349.) Breaker en- SECTION 86. A sober and competent person, not under eighteen gineera. (jg) years of age, shall be engaged to run the breaker engine, and he shall attend to said engine while the machinery is in motion. WOMAN AND CHILD LABOB LAWS — ^PENNSYLVANIA. 113 Sec. 88. No person under fifteen (15) years of age shall be ap- Oilers, pointed to oil the machinery, and no person shall oil dangerous parts of such machinery while it Is in motion. Sec. 155. An engineer placed in charge of an engine wherry Hoistlne en persons are hoisted or lowered in any mine shall be a sober anflglneere. competent person of not less than twenty-one (21) years of age. BRIGHTLY'S DIGEST— 1893-1903. Employment of loomen and children in Mkeries. (Page 62.) Section 1. * * * No person under the age of eighteen (18) Night work, years shall be employed in any baiiehouse between the hours of nine (9) o'clock at night and five (5) in the morning. Excepted from this rule shall be the time on Sunday for setting the sponges for the night's worli following. Sec. 13. No minor male or female, or adult woman, shall be em- Hours of la- ployed at labor or detained in any biscuit, bread, pie or ca]£e''or. bal£ery, pretzel or macaroni establishment, for a longer period than twelve hours in any one day, nor for a longer period than sixty hours in any one week. Sec. 23. Any person who' violates any of the provisions of this Penalty, act, * * * shall be guilty of a misdemeanor, and on conviction before any justice of the peace, magistrate, alderman, mayor or burgess, shall be punished by a fine of not less than twenty nor more than fifty ($50) dollars, for a first offense; and not less than fifty ($50) [dollars] nor more than one hundred ($100) dollars, for a second offense, or imprisonment for not more than ten (10) days; and for a third offense, by a fine of not less than two hundred and fifty ($250) dollars and [not] more than thirty (30) days imprisonment. Employment of children — School attendance, (Page 143.) Section 128. Every parent, guardian or other person in this School at- Commonwealth, having control or charge of a child or children nu^rea*^* ™ between the ages of eight and sixteen years, shall be required to send such child or children to a day school in which the common English branches are taught, and such child or children shall attend such school continuously during the entire time in which the public school in their respective districts shall be in session, unless such child or children shall be excused from such attend- auce by the board of the school district in which the parent, guardian or other person resides, upon the presentation to said board of satisfactory evidence showing such child or children are prevented from attendance upon school or application to study by mental, physical or other urgent reasons. But the term urgent reasons shall be strictly construed, and shall not permit of irregu- lar attendance : Provided, That the school board in each district shall have power, at its June meeting, to reduce the period of com- pulsory attendance to not less than seventy per centum (70 per centum) of the school term in such district, in which case the board must, at that date, fix the time for compulsory attendance to begin. This act shall not apply to any child between the ages of thirteen and sixteen years who can read and write the English Literates, language intelligently, and is regularly engaged in any useful employment or service : Provided, That in case there be no public school in session within two miles, by the nearest traveled road, of any person within the school district, he or she shall not be lia- ble to the provisions of this act : Provided, That this act shall not apply to any child that has been or is being otherwise instructed in English, in the common branches of learning for a like period 7054—07 8 114 WOMAN AND CHILD LABOR LAWS PENNSYLVANIA. of time, by any legally qualified governess or private teacher in a family: And provided further, That any teacher or principal of any private school or educational institution shall report non- Employers to attendance, * * * : Provided further, That any person em- furnisTi lists, ploying a child or children shall furnish, on or before the third Monday of the school term and quarterly thereafter, to the super- intendent of schools, to the secretary of the board of school direct- ors or controllers of the district in which such child or children reside, the names, age, place of residence, and name of parent or guardian of every person under the age of sixteen years in his employ at the time of said report ; * * * Employment of tcomen. (Page 254.) Seats to be SECTION 6. Every person, firm, association, individual, partner- provided, sijip or corporation, employing girls or adult women in any manu- facturing, mechanical or mercantile industry, laundry, workshop, : ' renovating works, or printing office in this State, shall provide suitable seats for the use of the girls and women so employed, and shall permit the use of such by them when they are not necessarily engaged in the active duties for which they are employed. Toilet rooms. Sec. 10. A suitable and proper wash and dressing room and water-closets shall be provided for males and females, where em- ployed in factories and department stores ; and the water-closets, wash and dressing room used by females shall not adjoin those ■used by males, but shall be built entirely away from them, and shall be properly screened and ventilated, and at all time[s] kept in a clean condition. renalty. Sec. 21. Any person who violates any of the provisions of this act, or who suffers any child or female to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by [a] fine of not more than five hundred dollars. In all such cases the hearing shall be conducted by the alderman or justice of the peace before whom information is lodged, and, after full hearing of parties in interest, the alder- man or justice of the peace shall impose the fine herein provided, which shall be final unless an appeal be taken to the court of quar- ter sessions within twenty days from the date of the imposition of the fine, as herein provided. This act (passed In 1901) supersedes the act of 1897. The act of 1897 was constitutional. 15 Superior Ct. 5. The provisions of the act of 1901 which related to the employment of children have been omitted as super- seded by act No. 226, Acts of 1905. ACTS OP 1905. Act No. 222. — Employment of children in mines. (<■) Age limit. Section 1. It shall be unlawful for any person, firm, copartner- ship or corporation to employ any minor child, under the age of sixteen years, inside of any anthracite coal mine, or to employ any minor child, under the age of fourteen years, in any anthra- cite coal breaker or colliery, or around the outside workings of any anthracite coal mine. Enforcement. Sec. 2. It shall be the duty of the chief of the department of mines of this Commonwealth, and the right of any citizen of this Commonwealth, in the name of the Commonwealth of Pennsylvania, upon any violation of the provisions of section one of this act, to bring suit in the court of common pleas of the county wherein said oflCense or violation occurred; and if, upon the trial of the case, the jury shall find that such violation did occur, they shall render a verdict against the offending party or parties, to an » This act, except sections one, two, and fourteen, was declared uncon- stitutional by the court of common pleas of Luzerne County, and^ on appeal, by the superior court of the State. (Collett v. Scott.) It is here reprod-uced, however, as It has not yet been passed upon by the supreme court of the State. WOMAN AND CHILD LABOR LAWS — PENNSYLVANIA. 115* « amount equal to ten dollars for each and every day said tninor child or children were employed contrary to the provisions of this act; said amounts, v^hen collected, to be paid into the State treasury, for the use of the Commonwealth ; and the State treas- urer shall return one-half of the fine or fines so collected to the school district in which the child, so illegally employed, resided. Sec. 3. It shall be unlawful for any person, firm, copartnership Certificates. or corporation to employ any minor child in or about any anthra- cite coal mine or colliery, or to permit any such minor child to work in or around any anthracite coal mine or colliery, unless the person, firm, copartnership or corporation, employing said child or permitting said minor child to work, Is furnished with and keeps on file an employment certificate, as hereinafter pre- scribed, and maintains a complete list of such children employed. Such lists and employment certificates, at all times during the employment of such minor children, shall be subject to the inspec- tion of any common school superintendent, any truant or attend- ance ofljcer of any school district, the chief of the department of mines of this Commonwealth, or any mine inspector, and shall be returned to each child when his or her employment shall cease. Sec. 4. It shall be the duty of the city, Dorough or township who may is- common school superintendents within their various jurisdictions, sue. and of the principal teacher, where no common school superintend- ent has jurisdiction, or their duly authorized deputies, to issue the employment certificates provided for in this act; but no principal teacher shall be authorized to issue said employment certificates within any district under a duly authorized common school super- intendent. The district of such city, borough or township super- intendent or principal teacher shall be the same as that in which the child seeking an employment certificate resides. Said employ- ment certificate shall only be issued after the affidavits and docu- ments hereinafter prescribed have received careful consideration by said common school superintendent or principal teacher, as the case may be, or their duly authorized deputies, as aforesaid ; and no fee or emolument shall be charged for issuing the same. Sec. 5. An affidavit, in duplicate, as to the age of any child Proof of age. under sixteen years seeking an employment certificate, shall be made by the father, mother, guardian or custodian of the child; and shall. set forth the place and date of his or her birth, and the date and place of his or her baptism or circumcision, if any ; shall be accompanied by a certificate of the registration of birth, bap- tism or circumcision of such child, as kept by any religious [reli- gious] denomination ; or by a certificate of the registration of his or her birth, as kept by any public authority, or, in the case of a foreign-born child, a true copy of passenger manifest, passport or other official record, filed at the office of the commissioner of immi- gration, at the port of arrival. Sec. 6. The employment certificate required by the third section Forms of cer- of this act, shall consist of the affidavit as to age, made before the t'^^ates. city, borough or township common school superintendent, or prin- cipal teacher, as aforesaid, or their duly authorized deputies ; and the other certificate, as herein provided, together with the certi- ficate of approval by the said common school superintendent or principal teacher, as the ease may be, or their duly authorized deputies, as hereinbefore provided, and shall be called employment certificate number one, and shall be in form following : employment certificate, number 1. Commonwealth of Pennsylvania, 1^ County of / 1. AflBdavit of parent, guardian or custodian. being duly sworn (or afl3rmed) according to law, deposes and says: I am the (father, mother, guardian or cus- todian) of (name of child), and that to the best of my knowledge and belief (he or she) was born at (name of village, township, town or city) in the State (or country) of . on the (here 116 WOMAN AND CHILD lABOB LAWS — ^PENNSYLVANIA. state day, month and year of birth), and Is now (state years and months of age), and that (he or she) was baptised (or circum- cised) in the (state name of church) at (name of place), in the State (or country) of on the (state day, month and year of baptism or circumcision). (Signature-of person maliing oath). 2. Examination and approval of affidavit and certificates. Personally appeared before me the above named (name of per- son signing) , this day of , Anno Domini one thousand nine hundred , at (town or city), and made oath that the aforesaid affidavit signed by (him or her) is true, to the best of (his or her) knowledge and belief. I hereby approve the fore- going affidavit as to age of (name of child) ; height, (feet and inches) ; eyes, (color) ; complexion, (dark or fair) ; hair, (color). I hereby certify that I have examined the affidavits of (parent, guardian or custodian), the certificate of religious record of birth, baptism or circumcision, the certificate of public registra- tion of birth, the passport, or other official immigration record (strike out the alternative certificates not presented) ; and find that these certificates or certificate agree in every particular with the statements of the affidavit. These certificates or certificate furnish proof that (he or she) is now years of age. I further certify, that (he or she) can read at sight, and write legibly simple sentences in the English language, has complied with the education laws of this Commonwealth now in force, and may be employed at such times and in such employments as the laws of this Commonwealth permit such children to be employed. This certificate belongs to (name of child), and is to be sur- rendered to (him or her) when (he or she) leaves the service of the corporation, firm, copartnership, or person employing the same and holding this certificate, and if not claimed by such child within thirty days from such time shall be returned to the said common school superintendent or principal teacher, as the case may be. (Signature of person authorized to approve and sign, with official character and authority.) Provided, That where no certificate of registration of birth, baptism or circumcision of such child is obtainable, or, ip case of a foreign-born child, no copy of passenger manifest, passport or other official record of the child's age is obtainable, such certifi- cate or copy may be substituted by an affidavit, by the father, mother, guardian or custodian of such child, setting forth his or her age, and date and place of his or her birth ; which affidavit shall be accompanied by a statement of the principal teacher of the last school which said child attended, certifying that such child has received instruction in reading, spelling, writing, English grammar, and geography, and is familiar with the fundamental * operations of arithmetic, to and including fractions ; in which case the employment certificate shall be called employmeat certifi- cate number two, and shall be in form following : employment certificate, number 2. Commonwealth of Pennsylvania, \ County of . J 1. Affidavit of parent, guardian or custodian. being duly sworn (or affirmed) according to law, deposes and says: I am the (father, mother, guardian or custo- dian) of (name of child), and that, to the best of my knowledge and belief (he or she) was born at (name village, township, town or city), in the State (or "country) of on the (here state day, month and year of birth), and is now (state years and months of age)-, and that (he or she) was baptised (or circum- cised) in the (state name of church) at (name of place), in the State (or country) of , on the (state day, month and year of ibaptism or circumcision). (Signature of person making oath.) WOMAN AND CHrLD LABOR LAW& — PENNSYLVANIA. Il7 2. Examination of affidavit and school record. Personally appeared before me the above named (name of per- son signing), this day of , Anno Domini [one thou- sand] nine hundred , at (town or city), and made oath that tbe aforesaid affidavit signed by (him or her) is true, to the best of (his or her) knowledge and belief. I hereby approve the fore- going affidavit as to age of (name of child) ; height, (feet and inches); eyes, (color); complexion, (dark or fair); hair, (color). Having no sufficient reason to doubt that (he or she) is of the age therein certified, 1 hereby certify that (he or she) can read at sight, and write legibly simple sentences in the English language; that (he or she) has regularly attended the public schools, or schools equivalent thereto, during the year previous to applying for such school record, and for the period required by the compulsory attendance laws of this Commonwealth. I have examined the certificate furnished by the principal teacher of the last school which said child attended, which states that (he or she) has received instruction in reading, spelling, writing, English grammar, and geography, and is familiar with the fundamental operations of arithmetic, to and including fractions. I have fur- ther satisfied myself that the certificate required by law as to proof of age can not be produced, for good cause, and said child may be employed at such times and in such employments as the laws of this Commonwealth permit children to be employed. This certificate belongs to (name of child), and is to be sur- rendered to (him or her) when (he or she) leaves the service of the corporation, copartnership, firm, or person or employer, hold- ing the same ; but if not claimed by said child within thirty days from such time, it shall be returned to the said common school superintendent or principal teacher, as the case may be. ( Signature of person authorized to approve and sign, with official character or authority.) Sec. 7. The blank forms of these several certificates shall be Blanks to be famished, free of charge, by the department of mines of this *""''®''*'l- Commonwealth, upon application by the proper persons, and shall be uniform throughout the State. A duplicate of each employ- ment certificate shall be filled out and kept on file by the city, piles, borough or township common school superintendent, or the prin- cipal teacher in localities not under the jurisdiction of any city, borough or township superintendent issuing the certificate, to- gether with a certificate of the registration of birth, baptism or circumcision, or, in case of a foreign-born child, a copy of pas- senger manifest, passport, or other official record, as herein pro- vided by this act. Sec. 8. False swearing to any affidavit given in accordance with False swear- the provisions of this act shall constitute perjury, and be punish- '°^- able as such. Sec. 9. A failure to produce to the common school superin- Evidence, tendent, any truant or attendance officer, the chief of the depart- ment of mines of this Commonwealth, or any mine inspectors, an employment certificate and the list required by this act, when requested so to do, shall be prima facie evidence .of the illegal employment of any minor child whose employment certificate is not produced or whose name is not so listed ; and it shall be the duty of the chief of the department of mines of this Common- wealth, and the right of any citizen of this Commonwealth, in the name of the Commonwealth of Pennsylvania, upon any viola- tion of the provisions of this act providing for the keeping and filing of said employment certificate and list of minor children, to bring suit in the court of common pleas of the county wherein said violation occurred ; and if, upon the trial of the case, the jury shall find such violation actually did occur, they shall render penalty, a verdict against the offending party or parties to an amount equal to ten dollars for each and every day said minor child or children were employed contrary to the provisions of this act; said amounts, when collected, to be paid Into the State treasury for the use of the Commonwealth ; and the State treasurer shall 118 WOMAN AND CHILD LABOE LAWS — PENNSYLVANIA, return one-half of the fine or fines so collected to the school dis- trict in which the child, so illegally employed, resided. Enforcement. Sec. 11. Truant or school attendance officers shall report any eases of such illegal employment to the city, borough or township superintendent, or to the principal teacher in localities not under the jurisdiction of any city, borough or township superintendent, and to the inspector of mines of the district. Powers of Sec. 12. The city, borough or township superintendent, and the school officers, pjj^gipj^j teachers in localities not within the jurisdiction of any common school superintendent, and their duly authorized deputies, shall have the power to administer oaths and affirmations in all matters where persons desire to swear to, affirm or verify any documents or affidavits necessary to properly carry out the pro- visions of this act. Act No. 226. — Employment of wom,en and children. ^cflniaon. Section 1. The term " establishment " where used for the pur- pose of this act, shall mean any place within this Commonwealth other than where domestic, coal-mining or farm labor is employed ; where men, women or children are engaged, and paid a salary or wages, by any person, firm or corporation, and where such men, women or children are employees, in the general acceptance of the term. Age limit. Sec. 2. No child under fourteen years of age shall be employed in any establishment. Hours of la- Sec 3. No minor under sixteen, and no female, shall be employed ^°'- in any establishment for a longer period than sixty hours in any one week, nor for a longer period than twelve hours in any one Night work. day. No minor under sixteen shall be employed in any establish- ment between the hours of nine postmeridian and six anteme- Proviso. ridian : Provided, That where the material in process of manufac- ture requires the application of manual labor for an extended period after nine o'clock postmeridian, to prevent waste or destruc- tion of said material, male minors over fourteen years of age, and who have not been employed in or about such establishment be- tween the hours of six antemeridian and nine postmeridian, may be employed, for not more than nine consecutive hours in any one day, after nine postmeridian : And provided further. That in establishments where night work is hereby permitted to prevent waste or destruction, and where the nature of the employment requires two or more working shifts in the twenty-four hours, males over fourteen years of age may be employed, partly by day and partly by night: Provided, Said employment does not exceed nine consecutive hours : And provided further, That retail mercan- tile establishments shall be exempt from the provisions of this section on Saturday of each week, and during a period -of twenty days beginning with the fifth day of December and ending with the twenty-fourth day of the same month : Provided, That during the said twenty days preceding the twenty-fourth day of Decem- ber, the working hours shall not exceed ten hours per day, or sixty hours per week. A provision of law limiting the hours of labor of adult females is within the police power of the State, and does not interfere with their constitutional rights, nor is it class legislation. 15 Superior Ct. 5. Cleaning Sec. 4. No minor under sixteen years of age shall be permitted moving ma- to clean or oil machinery while in motion, or to operate, or other- c inery. ^^.^^ jj^yg the care or custody of, any elevator or lift. Certificates. Sec. 5. It Shall be unlawful for the owner, superintendent, lessee, or other person in charge of any establishment where per- sons are employed for wages or salary, to employ any child be- tween the ages of fourteen and sixteen years, unless there is first provided, and placed on file in the office of the establishment where said child is employed, a certificate in the form provided by the chief factory inspector, which certificate shall be uniform throughout the State. It shall be the duty of the factory inspector or any of his office force, the deputy factory inspectors, or of the WOMAN AND CHILD LABOR LAWS — PENNSYLVANIA. 119 city or borough common school superintendents within their various jurisdictions, or of the principal teacher of the common schools In localities not under the jurisdiction of any city or borough superintendent, or of their respective duly authorized deputies, to issue the employment certificate hereinafter pre- scribed. No principal teacher shall be authorized to issue said employment certificate within any district over which a superin- tendent has jurisdiction. The district of such city or borough superintendent or principal teacher shall be the same as that in which the child seeking an employment certificate resides. Sec. 0. The employment certificate shall state the name, age, date, Contents, place of birth, and description (including color of eyes, hair and complexion) of said child, its residence, and the residence of its parent, guardian or custodian, and the ability of said child to read and write simple sentences In the English language, that it has complied with the educational laws of the Commonwealth, and is physically able to perform the work to be required of it. Provided, That before any such certificate of employment is Proof of age, issued, the person authorized to issue the same shall first demand ®*'^- and obtain of the parent, guardian or custodian of said child an aflSdavit, sworn to before any officer authorized to administer oaths, made by him or her, stating the age, date and place of birth of said child ; and shall further demand and obtain a certificate of said child's birth, as kept by any public authority, or, tran- script of the record of its birth, baptism or circumcision, as kept by any religious denomination, or, in the case of a foreign-born child (if such evidence of age be lacking), a true copy of the pas- senger manifest, passport or official record filed at the office of the commissioner of immigration at the port of arrival, as corrobora- tive evidence of the truth of the facts set forth in the affidavit; and shall note in his statement, as aforesaid, the character of such record and by what public or religious authority the same is issued: Provided, however. That where no such transcript of public or religious record, or passenger manifest, passport or official record, as aforesaid, of said child's age is obtainable, the same may be substituted by a statement signed by the principal teacher of the last school which said child attended, certifying that said child has received instruction in reading, spelling, writing, English grammar, and geography, and is familiar with the fundamental operations of arithmetic, and has completed the course of study in the common schools prescribed for the first five years, or a course of study in other schools equivalent thereto. At the time of the issue of the employment certificate, the person so issuing the same shall make one copy thereof, which copy shall be filed, within ten days from the date of its issue, in the office of the common school superintendent in the district in which the child holding the certificate resides ; and in districts not having such a superintendent, the said copy shall be filed in the office of the chief factory inspector, and shall be subject to the in- spection of the public. The certificate of the registration of birth, baptism or circumcision, or, in the case of a foreign-born child, the copy of passenger manifest, passport or official record, as herein- before prescribed, or, in the absence of such transcripts, the state- ment of the principal ' teacher, certifying that such child has re- ceived instruction as prescribed, as well as the affidavit of the parent, guardian or custodian, shall be filed with a copy of said employment certificate. The certificate when issued shall be the property of the said child, who shall be entitled to a surrender of the certificate to him or her by the employer whenever said child shall leave the service of any employer holding the certificate. Sec. 10. 'Every person, firm or corporation employing men, women Laws, etc., to or children, in any establishment, shall post and keep posted in a^e posted, conspicuous place, in every room where such help is employed, a printed copy of the factory laws, a printed notice stating the num- ber of hours per day for each day of the week required of such persons ; and in every room wliere children under sixteen years of age are employed, a list of their names, with their ages. 120 WOMAIf AND CHILD LABOR LAWS PENNSYLVANIA. Enforcement. Sure. 25; The chief factory inspector shall prepare the form of the employmient certificates for children, and the permits, blanks, orders and' notices required by this act ; the same to be printed in accordance with the laws regulating printing and publishing, under the supervision of the superintendent of public printing and binding. He shall also divide the State into inspection dis- tricts, and assign one of the deputy factory inspectors to each district, and may transfer any of the said inspectors from one district to another, and make such rules and regulations govern- ing their employment as the best interests of the service shall require. And he, the deputy factory inspector, and those em- ployed in the office of the chief factory inspector, shall have the same power to administer oaths or affirmations as is now given to notaries public, in all cases where any person desires to verify documents necessary and incident to the issuing of employment certificates for children. PORTO RICO. REVISED STATUTES AND CODES— 1902. Revised Statutes. Hours of labor of children — Inhumane treatment. SJx hours a SECTION 166. No child of either sex, under sixteen years shall oay 8 work. ^^ compelled to work in agricultural factories and manufacturing establishments over six hours per day, three in the morning and three in the afternoon. All persons who shall violate this pro- vision shall be fined in a sum of from five to fifteen dollars, or imprisonment not to exceed thirty days for each offense. Inhumane SEC. 167. No foreman, teacher or other person having under his Wdde"*"'' ^""^ charge the work, care or education of a minor under sixteen years "■ of age, shall resort to inhumane treatment to compel such minor to work or to study. Any violation of the provisions hereof shall be punished with a fine of from five to fifteen dollars or imprison- ment not to exceed thirty days for each offense. Penal Code. Certain employments of children forbidden. Mendicant, SECTION 265. Any person, whether as parent, relative, guardian, tions °'^'^"P"" employer or otherwise, having in his care, custody, or control any child under the age of twelve years, who shall sell, apprentice, give away, let out, or otherwise dispose of any such child to any person, under any name, title, or pretense, for the vocation, use, occupation, calling, service of begging, or peddling, in any public street or highway, or in any mendicant or wandering business whatsoever, and any person who shall take, receive, hire, employ, use, or have in custody any child for such purposes, or either of them, is guilty of a misdemeanor. Civil Code. Earnings of minors. loMs^'tS*^*™?" Section 225. Property acquired by an unemancipcted child by ents, when. '"•'O'' or industry, or for any valuable consideration, belongs to the said child, but the usufruct thereof belongs to the parents having potestas over him whilst he lives in their company ; but if the child, with the consent of his parents, lives independently, he shall be deemed emancipated for all effects as regards the said property, and he shall be the full owner and have the usufruct and administration thereof. WOMAN AND CHILD LABOR LAWS PORTO RICO. Earnings, etc., of married women. 121 Section 1314. Tbe following is the separate property of each Earnings sep- of the spouses : arate property. ***** 2. That acquired for a good consideration by either of them during the marriage. * * * * ^•. RHODE ISLANB. GENERAL LAWS OF 1896. Chapter 68. — Employment of eliildren. Section 1 (as amended by chapter 1215, enacted 1903). No child Age limit. under thirteen years of age shall, on or before the thirty-first day of December, A. D. 1906, and no child under fourteen years of age shall, after said thirty-first day of December, A. D. 1906, be em- ployed or permitted or suffered to worls in any factory, manufac- turing or business establishment within this State, and no child under sixteen years of age shall be employed or permitted or suf- fered to work in any factory or manufacturing or business estab- lishment within this State between the hours of eight o'clock in the Nigbt work afternoon of any day and six o'clock in the forenoon of the fol- lowing day: Provided, however. That this restriction as to hours of work shall not apply to mercantile establishments on Satur- days, or on either of the four days immediately preceding Christ- mas in each year. No child under sixteen years of age shall be employed or permitted or suffered to work in any factory or manufacturing or business establishment unless said child shall present to the person or corporation employing him or her a certificate, given by or under the direction of the school com- Certificates, mittee of the city or town in which said child resides, certifying, if said certificate is presented on or before the thirtj'-flrst day of December, A. D. 1906, that such child has completed thirteen years of age, and if said certificate is presented after said thirty- first day of December, A. D. 1906, that said child has com- pleted fourteen years of age, and stating the name, date and place of birth of such child, which facts shall be substantiated by a duly attested copy of birth certificate, baptismal certificate, or passport, stating also the name and place of residence of the person having control of such child: Provided, Ixoivever, That all age certificates in force at the time of the passage of this act shall be Valid until the first day of January, A. D. 190G, and no longer. All certificates required by this act relating to the qualification of children employed in any factory or manufactur- ing or business establishment coming under the provision of this statute shall be kept by the employer at the place where such child is employed, and shall be shown to the factory inspectors provided for in this chapter, or either or any of them, on demand by said inspector or inspectors ; and the proprietor or manager of any such factory or manufacturing or business establishment who shall refuse to show to any factory inspector any such cer- tificate when demand is made therefor shall be deemed guilty of a misdemeanor and, on conviction, be punished by a fine of not less than ten dollars nor more than fifty dollars. When any child em- ployed under the provisions of this section leaves his employment, the person or corporation by whom such child has been employed shall, on demand by said child, deliver to him (or her) the cer- tificate on the authority of which such child has been employed or, if such certificate is not demanded by said child, shall within two weeks after said child has left the employment of said person or corporation send said certificate to the school committee which issued it, or such person as the school committee may designate. The school committee of each town, or such person as the school committee may designate to issue the certificates provided for in 122 WOMAN AND CHILD LABOE LAWS — RHODE ISLAND. this section, shall keep on file a copy of each certificate granted, together with the evidence of the 'date of birth on the basis of which such certificate is granted. The certificates provided for in this section shall be uniform throughout the State and in the following form or such substantially similar form as may be approved by the secretary of the State board of education. AGE AND SCHOOLING CEETIFICATE. Form. This certifies that I am the (father, mother, guardian, or cus- todian) of (,name of child) , and that (he or she) was born at (name of town or city) in the county (name of county, if known) and State (or country) of on the (day and year of birth) and is now (number of years and months) old. (Signature of father, mother, guardian, or custodian). (Town or city and date.) There personally appeared before me the above-named (name of person signing) , and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing cer- tificate of (name of child) height (feet and inches) eyes (color) complexion (fair or dark) hair (color) , having no sufiicient reason to doubt that (he or she) is of the age therein certified, and is apparently in sound health and physically able to perform the work which (he or she) intends to do. This certificate belongs to (name of child in whose behalf it is drawn) , and is to be surrendered to (him or her) whenever (he or she) leaves the service of the corporation or employer holding the same ; but if not claimed by said child within two weeks from such time it shall be returned to the school com- mittee or such person as such committee may designate. (Signature of person authorized to approve and sign, with oflScial character or authority.) (Town or city, and date.) No action will lie to recover a minor's wages earned while employed In violation of this statute. 13 R. I. 299. Application Sec. 2 (as amended by chapter 1215, enacted 1905). Every per- of law. son, firm, or corporation doing business within this State employ- ing five or more persons, or employing any child under sixteen years of age, shall be subject to the provisions of this chapter, whatever shall be the business conducted by said person, firm, or corporation: Provided, liouever, That the provisions of this act shall not apply to children employed in household service or in agricultural pursuits. Cleaning Sec. 6. No minor under sixteen years of age slHill be allowed to moving ma- clean machinery while in motion, unless the Same is necessary and chinery. j^ approved by said inspectors as not dangerous. * * * Water - cios- Sec. 8. Water-closets, earth closets or privies shall be provided ets, etc., for ju all places where women and children are employed, in such pfoyeesl ^ ^™ manner as shall, in the judgment of said inspectors, meet the de- mands of health and iiropriety. Separate dressing rooms for women and girls shall be provided in all establishments where such are deemed a necessity by said factory inspectors ; and in every manufacturing, mechanical or mercantile establishment in Seats. which women and girls are employed, there shall be provided, con- veniently located, seats for such women and girls, and they shall be permitted to use them when their duties do not require their standing. Pena,ity. g^_ -^2 (^g amended by chapter 1215, Acts of 1905). Any per- son or corporation who employs a child under sixteen years of age without the certificate required by section one of this chapter, or who makes a false statement in regard to any part required by WOMAN AND CHILD LABOR LAWS — RHODE ISLAND. 123 such certificate or who violates any of the provisions of this chap- ter, or who suffers or permits any child or woman to be employed in violation of its provisions, shall be deemed guilty of a misde- meanor and, on conviction, shall be punished by a fine of not more than five hundred dollars : Provided, however, That this sec- tion shall not apply to that portion of section 1 of this chapter which fixes the penalty for the refusal to show to the inspector any certificate provided for in that section. Chapter 108. — Employment of children on elevators. Section 16 (as amended by chapters 921, enacted 1901, and 973, Age limit, enacted 1902). * * * No person under the age of eighteen years shall take charge of or operate any passenger elevator. Chapter 115. — Certain employments of children forhidden. Section 4 (as amended by chapter 475, enacted 1897). Every Acrobatic, person having the custody or control of any child under the age™®°'^''=f,°''^*<^' of sixteen years, who shall exhibit, use or employ, or shall in any °<=<="P»''°°^- manner or under any pretense sell, apprentice or give away, let out or otherwise dispose of any such child to any person for or in the vocation, occupation, service or purpose of rope or wire walking, or as a gymnast, wrestler, contortionist, equestrian per- former, acrobat, or rider upon any bicycle or mechanical con- trivance, or in any dancing, theatrical or musical exhibition unless it be in connection with churches, schools, or priv.ate instruction in dancing or music or unless it be under the auspices of a Rhode Island society incorporated, or organized without incorporation, for a purpose authorized by section 11 of chapter 176 of the Gen- eral Laws, or unless it be with the written consent, previously obtained and revocable at will, of the mayor of the city or the president of the town council where such child is to be employed ; or for or in gathering or picking rags, or collecting cigar stumps, bones, or refuse from markets, or in begging, or in any mendicant or wandering occupation, or in peddling in places injurious to the morals of such child ; * * * or in any illegal, obscene, indecent, or immoral purpose, exhibition or practice whatsoever ; or for or in any business, exhibition or vocation injurious to the health or morals, or dangerous to the life or limb of such child, or who shall cause, procure or encourage any such child to engage therein, or who after being notified by an officer mentioned in section 6 of this chapter to restrain such child from engaging therein, shall neglect or refuse to do so, shall be held guilty of a misdemeanor and shall, for every such offense, be imprisoned not exceeding one year or be fined not exceeding two hundred [and] fifty dollars, or be both fined and imprisoned as aforesaid, and shall forfeit any right which he may have to the custody of such child. Sec. 5 (as amended by chapter 475, enacted 1897). Every person Hiring child, who shall take, receive, hire or employ, exhibit, or have in custody, or who shall cause to be taken, hired or employed, ex- hibited, or held in custody, any child under the age of sixteen years, for any of the purposes prohibited in the preceding section, shall be held guilty of a misdemeanor, and shall be punished for every such offense In the manner provided in said section. Sec. 6 (as amended by chapter 475, enacted 1897). The town Enforcement. sergeant of any town, the chief of police of any city, or the gen- eral agent or agents of the Rhode Island Society for the Preven- tion of Cruelty to Children may enter any place where any child may be held, detained or employed in violation of this chapter, and without process of law, seize and detain such child and hold him as a witness to certify upon the trial of any person charged with violating the provisions of this chapter ; * * * 124 WOMAN AND CHILD LABOR LAWS- — RHODE ISLAND. Chapter 194. — Earnings of married ivomcn. Earnings Sep- Section 1. The real estate, chattels real, and personal estate, arate property. ■^yIJi(.ll are the property of any woman before marriage, or which may become the property of any woman after marriage, or which may be acquired by her own industry, including damages recovered in suits or proceedings for her benefit and compensation for her property taken for public use, and the proceeds of all such prop- erty, shall be and remain her sole and separate property free from control of her husband. Chapter 198. — Hours of lahor of women and children. Limit of flf- Section 22 (as amended by chapter 994, enacted 1902). Xo ty-eight hours, ^^^^j. ynder sixteen years of age, and no woman, shall be employed in laboring in any manufacturing or mechanical estab- lishment more than fifty-eight hours in any one week ; and in no case shall the hours of labor exceed ten bout's in any one day, excepting when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week. Schedule to Every employer shall post in a conspicuous place in every room be posted. where such persons are employed a printed notice stating the number of hours' work required of them on each day of the week ; and the employment of any such person for a longer time in any day than so stated shall be deemed a violation of this section, unless it appears that sucli employment is to make up for time lost on some previous day of the same week in consequence of the stopping of tlie machinery upon vi'hich such person was employed iir dependent for employment: Provided, That the provisions of this section shall not be construed to enlarge or impair any restriction placed upon the employment of any minor mentioned in chapter 04. Penalty. Sec 23. Every person who willfully employs, or has in his employment or under his charge any person, in violation of the provisions of the preceding section, and every parent or guardian who permits any such minor to be so employed, shall be fined not exceeding twenty dollars for each offense. A certificate of the age of a minor, made by him or by his parent or guardian, at the time of his employment in a manufacturing establishment, shall be conclusive evidence of his age upon any trial of any person other than the parent or guardian for a violation of the preceding section. SOUTH CAROLIITA. CODE OP 1902. Civil Code. Earnings of married icomen. Earningssep- SECTION 2G66. All the earnings and income of a married woman arate property, gbaii be her own separate estate, and shall be governed by the same provisions of law as apply to her other separate estate. Earnings of minors. Wages to he Section 2094. If any person shall hire or employ any minor, or wlien ''^''''°'®' person under the age of twenty-one years, without the knowledge and consent of the parents or guardian of such minor, such per- son shall pay to the said parents or guardian the full value of the labor of said minor from and after notice from the parents or guardian that payment of such service shall be made to him or them, as the case may be. WOMAN AND CHILD LABOR LAWS SOUTH CAROLINA. 125 Criminal Code. Seats for female employees. Section 333. It shall be the duty of all employers of females in Seats to be any mercantile establishment, or any place where goods or wares provided. or merchandise are offered for sale, to provide and maintain chairs or stools, or other suitable seats, for the use of such female em- ployees, to the number of one seat for every three females employed, and to permit the use of such seats by such employees, at reasonable times, to such an extent as may be requisite for the preservation of their health. And such employees shall be per- mitted to use same, as above set forth, in front of the counter, table, desk or any fixture when the female employee for the use • of whom said seat shall be kept and maintained is principally engaged in front of said counter, table, desk or fixture ; and behhid such counter, table, desk or fixture when the female employee for the use of whom said seat shall be kept and maintained is prin- cipally engaged behind said counter, table, desk or fixture. Any person who violates or omits to comply with any of the foregoing provisions of this section, or who suffers or permits any woman to stand, in violation of its provisions, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars for each offense. ACTS OP 1903. Act No. 74. — Employment of children. Section 1. From and after the first day of Jlay, 1903, no child Age limit. under the age of ten years shall be employed in any factory, mine or textile manufacturing establishment of this State; and from and after the first day of ilay, 1904, no child under the age of eleven shall be employed in any factory, mine or textile establish- ment of this State ; from and after the first day of May, 1905, no child under the age of twelve years shall be employed in any fac- tory, mine or textile establishment of this State, except as herein- after provided. Sec. 2. From and after May first, 1903, no child under the age Night work. of twelve years shall be permitted to work between the hours of 8 o'clock p. m. and 6 o'clock in the morning in any factory, mine or textile manufactory of this State : Provided, That children under the age of twelve, whose employment is permissible, under the provisions of this act, may be permitted to work after the hour of 8 p. m. in order to make up lost time, which has occurred from some temporary shut down of the mill, on account of accident or breakdown in the machinery, which has caused loss of time : Pro- vided, however. That under no circumstances shall a child below the age of twelve work later than the hour of 9 p. m. Sec. 3. Children of a widowed mother and the children of a Children of totally disabled father, who are dependent upon their own labor ^eP|°'3«°t P^''- for their support, and orphan children who are dependent upon their own labor for their support, may be permitted to work in textile establishments of this State for the purposes of earning their support: Provided, That in the case of a child or children of a widowed mother or of a totally disabled father, the said mother or the said father, and in case of orphan children, the guardian of said children or person standing, in loco parentis of said child or children, shall furnish to any of the persons named in section 4 of this act an affidavit duly sworn to by him or her before some magistrate or clerk of court of the county in which he or she resides, stating that he or she is unable to support the said children, and that the said children are dependent upon their own labor for their support, then, and in that case, the said child or children of the said widowed mother and the said disabled father and said orphan children shall not be affected by the prohibitions of section 1 of this act; and filing of said affidavit shall be full justification for their employment: Provided, further, That the 126 WOMAN AND CHILD LABOR LAWS SOUTH CAEOLINA. officer before whom the said affidavit shall be subscribed shall indorse upon the back thereof his approval and his consent to the employment of said child or children. Any person who shall swear falsely to the facts set forth in said acts shall be guilty of perjury and shall be indictable as provided by law: Provided, further, That the employment of said child or children shall be subject to the hours of labor herein limited. Penalty. Sec. 4. Any owner, superintendent, manager or overseer of any factory, mine or textile manufacturing establishment, or any other person in charge thereof or connected therewith, who shall know- ingly employ any child contrary to the provisions of this act, shall be guilty of a misdemeanor, and for every such offense shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, at the discretion of the court. Same subject. Sec. 5. Any parent, guardian or other person having under his or her control any child, who consents, suffers or permits the em- ployment of his or her child or ward under the ages as above pro- vided, or who knowingly or willfully misrepresents the age of such child or ward to any of the persons named in section 4 of this act, in order to obtain employment for such child or ward, shall be deemed guilty of a misdemeanor, and for every such ofifense shall, upon conviction thereof, be fined. not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, in the discretion of the court CertiBcates. Sec. 6. Any parent, guardian or person standing in loco parentis, who shall furnish to the persons named in section 4 of this act a certificate that their child or ward has attended school for not less than four months during the current school year, and that said child or children can read and write, may be permitted to obtain employment for such child or children in any of the textile estab- lishments of this State during the months of June, July and August, and the employment of such child or children during the said months upon the proper certificate that such child or children have attended school as aforesaid, shall not be in conflict with the provisions of this act. Proof of age. Sec. 7. In the employment of any child under the age of twelve years in any factory, mine or textile manufacturing establishment, the owner or superintendent of such factory, mine or textile manufacturing establishment shall require of the parent, guardian or person standing in loco parentis of such child, an affidavit giving the age of such child, which affidavit shall be placed on file in the office of the employer ; and any person knowingly furnish- ing a false statement of the age of such child shall be guilty of a misdemeanor, and for every such offense shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, in the discretion of the court. SOUTH DAKOTA. CONSTITUTION. Aeticle XXI. — Earnings of married women. Earnings Sep- SECTION 5. * * * All property to which [a woman] may arate property, after marriage become in any manner rightfully entitled, shall be her separate property, and shall not be liable for the debts of her husband. REVISED CODES OF 1903. PoLmcAL Code. Employment of children in mines. Age limit. SECTION 145. All corporations or individuals working mines in South Dakota who shall employ, or permit to be employed, in such mines any children under fourteen years of age shall be deemed guilty of a misdemeanor, and on conviction thereof shall be pun- ished by a fine not exceeding one thousand dollars. WOMAN" AND CHILD LABOR LAWS — SOUTH DAKOTA. 127. Employment of children during session of school. Section 2359. Eveiy pei-son having uncler his control a child School at- between the age of eight and fourteen years, shall annually cause tendance le- such child to attend for at least twelve vireeks, at least eight weeks ^"''^^''• of which attendance shall be consecutive, in some public day school in the district in which he resides, which time shall com- mence with the beginning of the first term of the school year or as soon thereafter as due .notice shall be served upon the person having such control of his duty under this article. For every neglect of such duty the person offending shall forfeit to the use of the public schools of his school corporation a sum not less than ten dollars nor more than twenty dollars, and shall stand com- mitted until such fine and costs of suit are paid. But if the per- son so neglecting shall show to the board of education or district school board, as the case may be, that such child has attended for a like period of time a private day school, or that instruction has otherwise been given for a like period to such child, in branches commonly taught in public school, that such child has already acquired the branches of learning taught in the public schools, or that his physical or mental condition as declared by a competent physician is such as to render such attendance inexpedient and impracticable, then such penalty shall not be incurred. * * * Sec. 2361. No child between eight and fourteen years of age Employment shall be employed in any mine, factory or workshop or mercantile dui'ing school establishment, or, except by his parent or guardian, in any other *" manner during the hours when the public schools in the city, town, village or district, are in session unless the person, firm or corpora- tion employing him shall first procure a certificate from tbe super- Certificate, intendent of the schools of the city, town or village, if one be employed, otherwise from the clerk of the school board or board of education, stating that said child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as provided in section 2359 ; and it shall be the duty of such superintendent or clerk to furnish such certificate upon application of the parent, guardian or other person having control of such child, entitled to the same. Every owner, superintendent or overseer of any mine, factory, workshop, or nlercantile establishment, and any other person who shall em- ploy any child between eight and fourteen years of age contrary to the provisions of this article, shall be deemed guilty of a mis- demeanor, and for every such offense shall upon conviction thereof, be fined not less than ten dollars nor more than twenty dollars and costs. Sec. 2362. Any person having control of a child who with the False state- intent to evade the provisions of this article, shall make a will-™ents. fully false statement concerning the age of such child or the time such child shall attend school, shall for such an offense forfeit a sum not less than ten dollars nor more than twenty dollars for the use of the public school corporation. Employment of minors in barrooms. Section 2844 (as amended by chapter 165, Acts of 1903). Employment * * * it shall also be unlawful for any person to whom any f '"■l'"iden. license may be granted to employ any person under twenty-one (21) years of age as a bartender or in any other capacity in connection with the place or room where intoxicating liquors are sold. CrviL Code. Earnings of married women. Section 102. * * * 2. The earnings of the wife are not Earnings sep- liable for the debts of the husband. * * - * ^"^^^^ property. 128 WOMAN AND CHILD LABOK LAWS — SOUTH DAKOTA. Earnings of minors. Payments to SECTION 124. The wages of a minor employed in service may be ™hen^ ^''"^' P^^*^ ^° ^™ °'' ^^^ '^"*'' ^^^ parent or guardian entitled thereto ^ ■ gives the employer notice that he claims such wages. Penal Code. Hours of labor of loomen and children. Limit of ten SECTION 764. Every owner, stocisholder, jverseer, employer, clerk l"'"''^- or foreman of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall 1)e deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding one hun- dred and not less than ten dollars. TEITNESSEE. ACTS OF 1893. Chapter 159 (as amended by chaptCx 34, Acts of 1901). — Employ- ment of children — Age limit. Age limit. SECTION 1. It slinll be unlawful for a proprietor, foreman, owner or other person to employ any child less than 14 years of age in any workshop, factory or mine in this State ; unless said propri- etor, foreman or owner shall know the age of the child, it shall be his or their duty to require the parent or guardian to furnish a sworn statement of its age, and any swearing falsely to such by the parent or guardian shall be perjury and punishable as such. Penalty. Sec. 2. Any proprietor, foreman or owner employing a child less than 14 years of age in conflict with the provisions of this act, except where such proprietor, foreman or owner has been fur- nished with a sworn statement of guardian or parent, that the child is more than 14 years of age, shall be guilty of a misde- meanor, and upon conviction, shall be fined not less than $25 and not more than $250. Enforcement. Sec. 3. The grand jury shall have inquisitorial powers to inves- tigate violations of this act, and judges of the circuit and criminal courts of the State shall specially charge the grand jury at the beginning of each term of the court to investigate violations of this act. The employment of a child in violation of tliis law constitutes such nesligence as maizes the employer liable for all injuries sustained by the infant in the course of his employment. 65 S. W. Rep. 390. [The following annotation is based on an act of 1881, relating to employment in mines only:] The employment of a boy under twelve years of age in violation of this statute is negligence, but the defense of contributory nesligence may be set up in an action by such boy for injuries sustained by reason of his employment. 32 S. W. Rep. 460. ACTS OF 1897. Water - clos ets. Males ex- cluded. Penalty. Chapter 98. — Factories and iroii,-slwps — Proinsions for female employees. Section 1. All persons hiring or employing female help in any manufacturing or mercantile business or establishment, shall pro- vide separate privies or water-closets for such female help. Sec. 2. No male person shall enter such separate privies or water-closets except for the purpose of repairing or cleaning the same. Sec. 3. A violation of the foregoing sections shall be a misde- meanor punishable by a fine of not less than two or more than ten dollars. WOMAN AND CHILD LABOR LAWS TENNESSEE. 129 ACTS OF 1905. Chapteb 171. — Seats for female employees. Section 1. All proprietors or owners of any retail, Jobbing, or Seats to be wholesale dry-goods store, or dealers in notions, millinery, or provided, any other business where any female help are employed for the purpose of serving the public in the capacity of clerks or sales ladies, shall provide a chair or stool for each one of such female help or clerks, in order that during such period as they are not actively engaged in making sales or taking stock or performing other duties of their employment, they may have an opportunity to be seated and to rest. Sec. 2. Any proprietor, owner, or dealer, mentioned in section 1 Preventing of this act, who shall undertake by any direction or order to "®^- prohibit or prevent any one of such female help or clerks to use the seats provided for in the foregoing section shall be guilty of a misdemeanor, and, upon conviction, shall be fined as provided in the next section of this act. Sec 3. Any owner, proprietor, or dealer, mentioned in the fore- Penalty, going sections, who shall neglect or refuse to obey and observe the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not less than ten dollars and not exceeding one hundred dollars for the first offense, and in the event said owner or proprietor shall continue to disobey said act he shall be subjected to a fine at the rate of one dollar daily for every chair he fails to furnish his said employees, and for every violation of section 2 of this act such owner, pro- prietor, or dealer shall, upon conviction, be fined not less than ten dollars and not exceeding one hundred dollars for each and every violation. TEXAS. ACTS OP 1903. Chapter 28. — Employment of children. Section 1. Any person or any agent or employee of any person. Age limit, firm or corporation, who shall hereafter employ any child under the age of twelve, years to labor in or about any mill, factory, manufacturing establishment, or other establishment using ma- chinery, shall be deemed guilty of a misdemeanor, and upon con- viction shall be fined not less than fifty dollars, and not more than two hundred dollars, and each day the provisions of this act are violated shall constitute a separate offense. Sec. 2. Any person, or any agent or employee of any person, illiterates, firm or corporation, who shall hereafter employ any child between the ages of twelve and fourteen years (who can not read and write simple sentences in the English language) to labor in or about any mill, factory, manufacturing establishment, or other establishment using machinery, shall be deemed guilty of a mis- demeanor, and upon conviction shall be fined not less than fifty dollars, nor more than two hundred dollars ; and each day the provisions of this act are violated shall constitute a separate offense: Provided, That such child who has a widowed mother, or parent incapacitated to support it, may be employed between the hours of 6 a. m. and 6 p. m. : Provided, further. That such parent is incapacitated from earning a living, and has no means of support other than the \ahoT of such child ; and in no event shall any child between the ages of twelve and fourteen years be per- mitted to work outside the hours between 6 a. m. and 6 p. m. Sec. 3. Any person, or agent or employee of any person, firm or corporation, owning, operating or assisting in operating, any cries, etc' mine, distillery or brewery, who shall employ any child under the age of sixteen years to labor in or about any mine, distillery or brewery, shall be deemed guilty of a misdemeanor, and upon con- viction shall be fined not less than fifty, nor more than two hun- dred dollars. Night work. Mines, distlll- 7054^-07- -9 130 WOMAN AND CHILD LABOR LAWS UTAH. UTAH. CONSTITUTION. Abticle 16. — Employment of women and children in mines. Employment SECTIONS. The legislature shall prohibit : to be prohib- (]^) rpj^g employment of women, or of children under the age of ^ ' fourteen years, in underground mines. * * * * * REVISED STATUTES— 1898. Earnings of married tcontcn. Barningssep- SECTION 1201. A wife may receive the wages for her personal arate property, i^bor, and maintain an action therefor in her own name, and hold the same in her own right, * * * as if unmarried. * * *. Employment of women and children. Employment Section 13.38. It shall be unlawful for any person, firm, or cor- in mines, etc. poration to employ any child under fourteen years of age, or any female, to work in any mine or smelter in the State of Utah. Any person, firm, or corporation who shall violate any of the provisions of this section shall be deemed guilty of a mis- demeanor. Seats for fe- Sec. 1339. The proprietor, manager, or person having charge of males. any store, shop, hotel, restaurant, or other place where women or girls are employed as clerks or help therein, shall provide chairs, stools, or other contrivances where such clerks or help may rest when not employed in the discharge of their respective duties. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor. Earnings of minors. Payments to Section 1544. When a contract for the personal services of a when"^^ ^ minor has been made with him alone, and those services are after- ward performed, payment made therefor to such minor in accord- ance with the terms of the contract, is a full satisfaction for those services, and the parent or guardian can not recover therefor a second time. Exemption of wages of minors from execution, etc. Minors' earn- Section 3243. The earnings of any minor child of any debtor ings exempt, y^mjin this State and the proceeds thereof are exempt from e.xe- cution against such debtor by reason of any debts or liability of such debtor, not contracted for the special benefit of such minor child. VERMONT. STATUTES OF 1894. Employment of cMMren. School at- Section 711 (as amended by act No. 19, Acts of 1896, and act tendance re- No. 39, Acts of 1904). A person having the control of a child """"•^ • between the ages of eight and fifteen years, shall cause such child to attend a public school at least twenty-eight weeks in a year, and such attendance shall be continuous, beginning with the school year, unless the child is mentally or physically unable to attend, has already acquired the branches required by law to be taught in the public school, or is otherwise being furnished with the same education. If a child is a pupil of a school held for more than twenty-eight weeks in a year, he shall attend such school during the time it is to be held in excess of twenty-eight WOMAN AND CHILD LABOR LAWS VEEMONT. 131 weeks unless he is mentally or physically unable to attend or is excused in writing by the school directors from attendance during the whole or a part of such time. A child under eight years, or a youth of over fifteen years of age, who shall begin attendance and be enrolled as a pupil in a public, elementary or high school, or a school in which his tuition is paid at public expense, shall attend such school during the term for which he is enrolled unless he is mentally or physically unable to attend or is excused in writing by the school directors from attendance during the whole or part of said term. Sec 712 (as amended by act No. 52, Acts of 1906). A child Children un- under sixteen years of age, who has not completed the elementary ''^'' ^' course of study of nine years prepared' for the public schools by the superintendent of education, shall not unless excused in writing by the town superintendent of schools be employed in worls connected with railroading, mining, manufacturing, or quarrying, or be employed In delivering messages by any corpora- tion or company, except during vacation and before and after school, unless said child deposits with his employer in work herein specified a certificate from the town superintendent of schools to Cei-tiacates. the effect that he is eligible to employment in accordance with the provisions of this chapter, and no child under sixteen years of age shall be employed after eight o'clock at night in any of the Night worm. occupations or industries herein enumerated. In case said child has been in attendance upon a private or parochial school, the superintendent of schools is hereby empowered to examine said child for the purpose of determining his eligibility to employment in accordance with this section. Sec. 715 (as amended by act No. 52, Acts of 1906). A town Enforcement, superintendent may inquire of the owner or superintendent of a mill, factory, quarry, workshop, or railroad oflice, shop, or yards, as to the employment of children therein, may call for the pro- duction of the certificates deposited with such owner or superin- tendent, and satisfy himself that the requirements of law have been complied with. Earnings of married women. Section 2647. All personal property and rights of action ac- Earnings sep- quired by a woman before coverture, or during coverture, except arate property, by gift from her husband, shall be held to her sole and separate use, * * * ACTS OF 1904. Act No. 115. — Employment of women and children in harrooms. Section 23. Licenses shall be subject to the following conditions Employment and prohibitions. prohibited. That no female person nor any person under the age of twenty- one years, shall be employed in the barroom in which a license is operated. Act No. 155. — Employment of children. Section 1 (as amended by act No. 52, Acts of 1906). No child Age limit. under the age of twelve years shall be employed by or permitted to work for any railroad company, or in any mill, factory, quarry, or workshop, or in delivering messages for a corporation or com- pany. Sec. 3. Any person who shall employ or suffer to be employed in Penalty, any mill, factory or workshop of which he is the owner, or owner in part, or of which he is the superintendent or manager, any child in violation of the provisions of this act [includes section 712, Statutes of 1894, as amended], and a parent or guardian who allows or consents to such employment, shall be fined fifty dollars. Sec 4. County courts, municipal courts and justices of the Enforcement, peace shall have concurrent jurisdiction of oflfenses under this act and truant oflicers and all informing officers are authorized to make complaint for violation of this act. 132 WOMAN AND CHILD LABOR LAWS VIRGINIA. VIRGINIA. CODE— 1904. Employment of children while parents live in idleness. Who are va- Section 884. The following persons shall be deemed vagrants : erants. * * ♦ * * All persons who are able to work and who do not work, but hire out their minor children and live upon their wages. Earnings of married women. Earnings Sep- Section 2286a. A married woman shall have the right to ac- arate property, q^ji-e, bold, use, control, and dispose of property, as if she were unmarried, and such power of use, control, and disposition shall apply to all property pf a married woman heretofore or hereafter acquired: Provided, however. That her husband shall be entitled to curtesy in her real estate when the common law requisites therefor exist, and he shall not be deprived thereof by her sole act; * * * Earnings of minors. Minors' earn- SECTION 3652c. The wages of a minor shall not be liable to ngs exemp . garnishment or otherwise liable to the payment of the debts of parents. Seats for female em,ployees. Seats to be Section 3657a. All persons who employ females in shops, stores, provided. . offices, or manufactories as clerks, operatives, or helpers in any business, trade, or occupation carried on or operated by them in the State of Virginia shall be required to procure and provide proper and suitable seats for all such females, and shall permit the use of such seats, rests, or stools as may be necessary, and shall not make any rules, regulations, or orders preventing the use of such stools or seats when any such female employees are not actively employed in their work in such business or employment. If any employer of female help in the State of Virginia shall neglect or refuse to provide seats as provided in this act or shall make any rules, orders, or regulations in his shop, store, or other place of business requiring females to remain standing when not necessarily employed in service or labor therein he shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be liable to a fine therefor in a sum not to exceed twenty-five dollars with costs in the discretion of the court. Employment of women and children. Hours of la- SECTION 3657b. No female and no child under fourteen years of ^°^- age shall work as an operative in any factory or in any factory or manufacturing establishment in this State more than ten hours in any one day of twenty-four hours. All contracts made or to be made for the employment of any female or of any child under fourteen years of age as an operative in any factory or manu- facturing establishment to work more than ten hours' in any one day of twenty-four hours, are and shall be void. Any person hav- ing the authority to contract for the employment of persons as operatives In any factory or manufacturing establishment who shall engage or contract with any female or any child under four- teen years of age to work as an operative in such factory or manu- facturing establishment during more than ten hours in any one day of twenty-four hours shall be guilty of a misdemeanor, and be fined not less than five nor more than twenty dollars. Night work. Sec. 3657bb. No child under the age of fourteen years and over twelve years of age shall be employed in any manufacturing, me- chanical, or mining oi)erations in this Commonwealth to work be- tween the hours of six o'clock postmeridian and seven o'clock WOMAN AND CHILD LABOR LAWS VIRGINIA. lo3 antemeridian ; and no child under the age of twelve years shall be Age limit, employed in any manufacturing, mechanical, or mining operation in this Commonwealth ; and any owner, agent, superintendent, overseer, foreman, or manager of any manufacturing, mechanical, or mining operation who shall Ijnowingly employ, or permit to be employed, in the operation of which he is owner, agent, superin- tendent, overseer, foreman, or manager any child contrary to the provisions of this act, and any parent or guardian who allows or consents to such employment of his child or ward, shall, upon con- viction of such offense, be fined not less than twenty-five dollars nor more than one hundred dollars. Certain employments of children forbidden. Section 3795a. * * * (2) It shall be unlawful for any per- Acrobatic, son having the care, custody, or control of any child under the age ™«'"5i<=|'.°t' «*<=•> of fourteen years to sell, apprentice, give away, let, or hire out, or o^^cupations. otherwise dispose of such child to any person in or for the vocation or occupation, service, or purpose of rope or wire walking, begging or peddling, or as a gymnast, contortionist, rider, or acrobat in any place whatsoever, or for any obscene, indecent, or immoral pur- pose, exhibition, or practice whatsoever, or for or in any business, exhibition, or vocation injurious to the health or morals or danger- ous to the life or limb of such child, or cause, procure, encourage, or permit any such child to engage therein. (3) It shall also be unlawful for any person to take, receive, hire, employ, use, exhibit, or have in custody any child under the age aforesaid for any of the purposes prohibited in the second section of this act. (6) Whenever any person or persons having the care or custody of any child within the age previously mentioned in this act shall engage, hire out, or use such child in or for any business, exhibi- tion, vocation, or purpose prohibited in this act, or shall permit the use of such child therefor, and shall be convicted of the same, the court or magistrate before whom such conviction is had may at his discretion if he should think it desirable for the welfare of such child deprive the person or persons so convicted of the cus- tody of such child, and thereafter such child shall be deemed in the custody of the court, and thereupon such proceedings shall be had as to the commitment, custody, care, and education of such child as are provided for in section five of this act [for vagrant or destitute children]. (7) A person convicted under any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding two hundred dollars or by imprisonment in jail not exceeding twelve months or both. (8) In this act the word " person " shall be construed to include corporations, partnerships, companies, and associations, as well as individuals. WASHINGTON. CODES AND STATUTES OF 1897. Employment of women and children in mines. Section 3172. No boy under the age of fourteen years, and no Employment female of any age, shall be employed or permitted to be in any prohibited, mine for the purpose of employment therein, nor shall a boy under the age of twelve years be employed or permitted to be in or about the outside structures or workings of a colliery for the purpose of employment: Provided, however. That this prohibition shall not affect the employment of a boy of suitable age in an office or in the performance of clerical work at a colliery. When an employer is in doubt as to the age of any boy applying for employment in or about a mine or colliery, he shall demand and receive proof of the age of such boy by certificate from the parents or guardian of such boy before he shall be employed. 134 WOMAN AND CHILD LABOR LAWS WASHINGTON. Sex no diHfjiialiflcation for employment. Sex not a bar. SECTION 3322. * * * Every avenue o( employment shall be open to vi'omen ; and any business, vocation, profe.ssion, and call- ing followed and pursued by men may be followed and pursued by women, and no person shall be disqualified from engaging in or pursuing any business, vocation, profession, calling, or employ- ment on account of sex: Provided. That this section shall not be construed so as to permit women to hold public offlce. Earnings of married women. Earnings Sep- Section 4493. A wife may receive the wages of her personal arate property, labor, and maintain an action therefor in her own name, and hold the same in her own right, and she may prosecute and defend all actions at law for the preservation and protection of her rights and property as if unmarried. Earnings of minors. Payments to SECTION 4583. When a contract for the personal services of a minors valid, rninor has been made with him alone, and those services are after- ^ ^°' wards performed, payment made therefor to such minor in accord- ance with the terms of the contract is a full satisfaction for those services, and the parents or guardian can not recover therefor. Employment of women in saloons. Employment SECTION 7258. No female person shall be employed in any ca- prohibited. pacity in any saloon, beer hall, barroom, theater-, or place of amuse- ment, where intoxicating liquors are sold as a beverage, and any person or corporation convicted of so employing, or of partici- pating in so employing, any such female person shall be fined not less than five hundred dollars ; and any person so convicted may be imprisoned in the county jail for a period of not less than six months. Seats for female employees. Seats to be Section 7287. It shall be the duty of every agent, proprietor, provided. superintendent, or employer of female help in stores, offices, or schools within the State of Washington, to provide for each and every such employee a chair, stool, or seat, upon which such female worker or workers shall be allowed to rest when their duties will permit, or when such rest shall or does not interfere with a faithful discharge of their incumbent duties. A violation of any of the provisions of this section shall be deemed a misde- meanor, and upon conviction thereof by any court of competent jurisdiction shall subject the person offending to a fine of not less than ten dollars nor more than fiftj' dollars. ACTS OP 1901. Chapter 68. — Employment of women. Limit of ten SECTION 1. No female shall be employed in any mechanical or tours. mercantile establishment, laundry, hotel or restaurant in this State more than ten hours during any day. The hours of work may be so arranged as to permit the employment of females at any time so that they shall not work more than ten hours during the twenty-four. This provision is constitutional. 70 Pac. Rep. 52. Seats to be Sec. 2. Every , employer in establishments where females are provided. employed shall provide suitable seats for them and shall permit the use of such seats by them when they are not engaged in the active duties for which they are employed. WOMAN AND CHILD LABOR LAWS WASHINGTON. 135 Sec. 3. Any employer, overseer, superintendent, or other agent Penalty, of any such employer who shall violate any of the provisions of this act, shall, upon conviction thereof be fined for each offense in a sum not less than ten dollars nor more than twenty-five dollars. ACTS OF 1903. Chapter 135. — 'Night work of children in haJceries. Section 9. No employer shall require, permit or siifCer any per- Nigbt wort son under sixteen years of age to work in his bake shop between forbidden, the hours of eight o'clock in the evening and five o'clock in the morning. Sec. 10. Any person who violates the provisions of this act Penalty. * * * shall be guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall be fined not less than twenty-five nor more than fifty dollars or impris- oned not more than ten days for the first offense ; and shall be fined not less than fifty nor more than one hundred dollars and imprisoned not less than ten nor more than thirty days for each offense after the first. Chapter 136. — Female messengers — Age limit of children. Section 1. No femlile person under eighteen years of age shall be G i r i s u n- employed as public messenger by any person, telegraph company, ^'^^ ^^■ telephone company, or messenger company in this State, nor shall any child of either sex under the age of fourteen years be hired Age limit, out to labor in any factory, mill, workshop or store at any time : Provided, That any superior court judge, living within the resi- dence district of any such child, may issue a permit for the em- ployment of any child between the ages of twelve and fourteen years at any occupation, not in his judgment, dangerous or injuri- ous to the health or morals of such child, upon evidence, satisfac- tory to him, that the labor of such child is necessary for its sup- port or for the assistance of any invalid parent. Such permits shall be issued for a definite time, but shall be revocable at the discretion of the judge by whom they are issued. Sec. 2. Any employer, overseer, superintendent, or agent of Penalty, such employer, who shall violate any of the provisions of this act shall, upon conviction thereof, be fined for each offense not less than $50 nor more than $100, or be imprisoned in the county jail not exceeding one month. Employment as well as hiring out is forbidden. An employer who know- ingly employs or keeps in his employ a minor within the prohibited age is guilty of a violation of the statute, and the employment itself is illegal. A minor's misrepresentation of his age is not a defense in an action growing out of his unlawful employment, as a fraudulent representation of capacity can not be an equivalent for an actual capacity. 81 Pac. Eep. 869. ACTS OF 190.5. Chapter 162. — Einployment of children. Section 1. All parents, guardians and other persons in this School at- State having or who may hereafter iave immediate custody of nufroj""^® '^^" any child from eight to fifteen years of age shall cause such ^ child to attend the public schools of the district in which the child resides for the full time in which such school may be in session, or private school for the same time, unless the child is physically or mentally unable to attend, has already attained a reasonable proficiency in the branches required by law to be taught in the first eight grades of public schools in this State or provided by the course of study of the said school, is otherwise being furnished with the same education, or has been excused from .such attendance for some other suflicient reason by the superintendent of the schools of the district in which the child resides, if there be such a superintendent, or, in all other cases, by the county superintendent of common schools. 136 WOMAN AND CHILD LABOR LAWS WASHINGTON. Employment Sec. 2. No child under the age of fifteen years shall be employed flrne"^ school jjj jjjjy manufacturing, mechanical or other mercantile establish- ment, or by any telegraph or telephone company, or by any other corporation in this State during the time in which the public schools of the district in which such child resides are in session, Certiflcates. unless the said child shall present a certificate from a school super- intendent, as provided for in section one of this act, excusing the said child from attendance In the public schools and setting forth the reason for such excuse, the residence and age of the child, and the time for which such excuse is given. Every owner, superin- tendent, or overseer of any establishment, corporation or company employing any such child shall keep such certificate on file so long as such child is employed by him or her. The form of said certificate shall be furnished by the superintendent of public instruction. Penalty. Sec. 3. Any person violating the provisions of the two preceding sections shall be fined not more than twenty-five dollars. Attend- ance oflScers shall make complaint for violation of the provisions of this act to a justice of the peace or to the judge of the superior court. Enforcement. Sec. 4. * * * rpjjg attendance officer shall be vested with police powers, the authority to make arrests and serve all legal processes contemplated by this act, and shall have authority to enter all stores, mills, shops or other places ia which children may be employed, for the purpose of making such investigations as may be necessary to tlae enforcement of this act. * * * WEST VIRGINIA. CODE— EDITION OP 1899. Chapter CO. — Earnings of married women. Earnings Sep- Section 12. The earnings of a married wom.in, or any and all arate property, property, real and personal, purchased by her with the proceeds of such earnings, shall in all cases be her sole and separate prop- erty, and shall not be subject to the control or disposal of her hus- band nor liable for his debts. And the separate personal property of every married woman shall be liable to the payment of her debts contracted during the coverture, as well after the coverture Is terminated as during its continuance. Appendix. Employment of tcomen and children in mines. (Page 1053.) Employment SECTION 1.3. No boy under twelve years of age, nor female pro 1 1 e . person of any age, shall be permitted to work in any coal mine, and in all cases of doubt, the parents or guardians of such boys shall furnish affidavits of their ages. Penalty. gjgp jj r^j^g operator or agent of any coal mine, who shall willfully neglect or refuse to perform the duties required of him by any section of this act, or who shall violate any of the pro- visions hereof, and any person who shall neglect or refuse to perform the duties required of him by sections * * * thirteen * * * or who shall violate any of the provisions thereof, * * * shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars ; in default of payment of such fine and costs for the space of ten. days, the defendant may in the discretion of the court, be imprisoned in the county jail for a period not exceeding three months. Application Sec. 18. The provisions of this act shall apply only to coal mines ^^' in ^yhich ten or more persons are employed in a period of twenty- four hours. WOMAN AND CHILD LABOR LAWS — WEST VIRGINIA. 137 Employment of children. (Act, page 1055, as amended by chapter 75, Acts of 1905.) Section 1. No minor, male ot female, under the age of twelve Age limit, years shall be employed for wages or otherwise in any mine, fac- tory, workshop, mercantile or manufacturing establishment where goods or wares are made or sold, and no such minor under the age of fourteen years shall be employed during the free school term of the district In which such child resides : Provided, however. That this section shall not be construed to apply if such employment Employment win not interfere with the regular attendance at the school of^"^'°s school such minor. And in all cases of minors applying for work it shall be the duty of the manager, superintendent, foreman or operator, to see that the provisions of this section are complied with. Sec. 2. Any manager, superintendent, foreman or operator in Penalty, any mine, factory, workshop, mercantile or manufacturing estab- lishment, and parents and guardians, allowing any child to work In violation of section one of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than twenty dollars for each and every offense. Sec. 3. It shall be the duty of the prosecuting attorney to en- Enforcement, force the provisions of this act, and to prosecute the violations of the same before any magistrate or court of competent jurisdiction in this State, and it shall be the duty of the commissioner of labor to report all violations of this act to the prosecuting at- torney. ACTS OF 1901. Chaptee 14. — Certain employments of children forbidden. Section 2. Any person having the care, custody, or control of Acrobatic, any minor child under the age of fifteen years, who shall in any Immoral, etc., manner sell, apprentice, give away, or otherwise dispose of such °'^^"P''' '"'®- child, or any person who shall take, receive or employ such child for the vocation or occupation of rope or wire walking or as an acrobat, gymnast, contortionist or rider, and any person who, having the care, custody, or control of any minor child whatso- ever, shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health, or dangerous to the life or limb, of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor, or employ any minor child in or about any assignation house or brothel, or any place where any obscene, indecent or illegal, exhibition takes place, shall be guilty of a misdemeanor, and shall be fined not less than five dollars, nor more than one hundred dollars, for each offense. Sec. 3. Any person having the care, custody, or control, lawful Mendicant or unlawful, of any minor child under the age of eighteen years, occupations, who shall use such minor, or apprentice, give away, let out, hire or otherwise dispose of, such minor child to any person, for the purpose of singing, playing on musical instruments, begging or for any mendicant business whatsoever in the streets, roads, or other highways of this State, and whosoever shall take, receive, hire, employ, use or have in custody, any minor for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments or begging upon the streets, roads or other highways of this State, or for any mendicant business whatever shall be guilty of a misdemeanor and shall be fined not less than five dollars nor more than one hundred dollars. Sec. 4. Any person having the care, custody, or control of any Employment minor child under the age of fifteen years, who shall in any i° saloons, etc. manner sell, apprentice, give away or permit such child to sing, dance, act, or in any manner exhibit it in any dance house, con- cert saloon, theater or place of entertainment where wines or 138 WOMAN AND CHILD LABOR LAWS WEST VIRGINIA. spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected by any passageway or entrance, and any proprietor of any dance house whatever, or any such concert saloon, theater, or place of entertainment, so employing any such child, shall be guilty of a misdemeanor, and shall be fined not less than five dollars nor more than one hundred dol- lars for each offense. Chapter IS). — EinpJoijriiciit of KOiiirn in factories. Safety appll- SECTION 1. In all manufacturing, mechanical and other estab- ances. lishments, in this State, where the machinery, belting, shafting, gearing, drums and elevators, are so arranged and placed as to be dangerous to persons employed therein, while engaged in their ordinary duties, shall be safely and securely guarded when pos- sible, and if not possible, the notices of the danger shall be con- Cleaning spicuously posted in such establishments, and no minor or female moving ma- ^f a,jy ^^gg shall be permitted to clean any of the mill gearing or cliinery- machinery in such establishments while the same is in motion. Toilet rooms. Sec. 3. In every factory, workshop or establishment, in this State, where females are employed, where unclean work of any kind has to be performed, suitable places shall be provided for such females to wash and to change clothing, and stairs in use by females shall, in all such establishments, be properly screened, and separate water-closets shall be provided for the use of employees of either sex. In all manufacturing, mechanical, mercantile and other establishments in this State where persons of both sexes are employed. Seats. Sec. 4. In every manufacturing, mechanical, mercantile and other establishments, in this State, wherein females are employed, there shall be provided, and conveniently located, seats sufficient to comfortably seat such females ; and during such times as such females are not necessarily required by their duties to be upon their feet, they shall be allowed to occupy the seats provided. Sanitation. Sec. 5. And all establishments, to which this act applies, must be kept in a clean condition ; the sanitary and hygienic regula- tions shall he-such as will not endanger or be injurious to the lives or health of the employees employed therein. Penalty. Sec. 6. Any person or persons, firm or corporation of any manu- facturing, mechanical, mercantile or other establishments, business or calling, in this State, to wliich this act applies, who shall violate any of the provisions of this act shall be deemed guilty of a mis- demeanor, and upon conviction, in any court of competent juris- diction in this State, shall be fined not less than twenty dollars nor more than one hundred dollars, and in default of payment of such fine shall be imprisoned imtil such fine and costs are fully paid. Enforcement. Sec. 7. It shall be the duty of the commissioner of labor or his assistant to enforce the provisions of this act, and to prosecute all violations of the same before any magistrate or court of competent jurisdiction in this State. WISCONSIN. ANNOTATED STATUTES OF 1898. Emplui/mciit of women and children. Limit of Section 1728. In all manufactories, workshops or other places day's wort. used for mechanical or manufacturing purposes the time of labor of children under the age of eighteen years and of women em- ployed therein shall not exceed eight hours in one day ; and any employer, stockholder, director, officer, overseer, clerk or foreman wlio shall compel any woman or any such child to labor exceed- iiiK eight hours in any one day, or who shall permit any child under fourteen years of age to labor more than ten hours in any WOMAN AND CHILD LABOK LAWS — WISCONSIN. 139 one day in any sucli place, if he shall have control over such child sufficient to preveht it, or who shall employ at manual labor any child under twelve years of age in any factory or workshop ^® limit. where more than three persons are employed, or who shall employ any child of twelve and under fourteen years of age in any such factory or vi'orkshop for more than seven months in any one year shall be punished by fine not less than five nor more than fifty dollars for each such offense. [See chapter 274, Acts o( 1899, below.] The mere employment of a child under the prescribed age, and his pres- ence in a factory, do not constitute actionable negligence on the part of the employer. 93 Wis. 448. Sec. 1728a. No child under fourteen years of age shall be em- Permits, ployed at labor or service in any mine, factory, workshop or place of public entertainment or amusement except upon permit as hereinafter provided ; but nothing herein shall interfere with or prohibit the employment of such child in the service of Its parents outside of school hours. The county judge of the county wherein any child resides may, by order entered of record, grant a permit and deliver a copy thereof under seal to any child over twelve years of age exempting such child from the operation of this section as to employment. Every such permit shall specify the conditions and the time during which such child may be em- ployed and fix such limitations as to said judge shall seem proper ; and in determining whether such permit shall be granted the judge shall consider the moral and physical condition of the child, his state of education, the necessities of the family to which such child belongs and such other circumstances as, in the discretion of the judge, ought to affect the question of exemption. No charge or fee shall be required in any matter under this section : Provided, That where such child resides at a distance of more than ten miles from the county seat the power to grant permits herein conferred upon the county judge may, under the same limi- tations and with the same conditions, be exercised by the mayor of the city or the president of the village in which or nearest to which said child or its parents resides. Any person, company, firm or corporation that employs or permits to be employed at work any child in violation of the foregoing provisions and any parent or other person having the control of any such child who permits such employment shall be punished by a fine of not less than ten dollars nor more than fifty dollars. Earnings of married icomen. Section 2343. The individual earnings of every married woman. Earnings sep- except those accruing from labor performed for her husband, or^rate property, in his employ or payable by him, shall be her separate property and shall not be subject to her husband's control or liable for his debts. A married woman may contract with a firm of which her husband is a member to run a boarding house for a share of the profits though she has no separate estate. 68 Wis. 572. -Earnings of minors. Section 2344a (added by chapter 226, Acts of 1905). During any Earnings be- time when, by reason of abandonment, drunkenness or profligacy, long to minor, a parent of a minor shall neglect or refuse to provide for his sup- when. port, or for his support and education, the earnings of such minor shall be his sole property as against such parent or any creditor of such parent. Certain employments of children forbidden. Secvion 4587a. Any person having the care, custody or control obscene and of any child under the age of fourteen years who shall exhibit, immoral em- use or employ, or in any manner or under any pretense sell, ap- P'oy™ents. prentice, give away, let out or otherwise dispose of such child to 140 WOMAN AND CHILD LABOR LAWS WISCONSIN. any person for any obscene, indecent or immoral purpose, exhibi- tion or practice, or for any business, exhibition or vocation in- jurious to tlie health or dangerous to the life or limb of such child, or who shall cause, procure or encourage any such child to engage therein, and any person who shall take, receive, hire, em- ploy, use, exhibit or have in custody any such child for any such purpose shall be punished by imprisonment in the county jail not exceeding six months or by fine of not more than one hundred dollars, or by both imprisonment and fine. ACTS OF 1899. Chaptek 77. — Seats for female employees. Seats to provided. Penalty. be Section 1. Every person or corporation employing females in any manufacturing, mechanical or mercantile establishment in the State of Wisconsin shall provide suitable seats for the fe- males so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Sec. 2. Any person or corporation who shall violate the provi- sions of this act shall, upon conviction thereof, be considered guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars, nor more than thirty dollars for each and every offense. Chapter 70. — Employment of iromeii and children in cigar factories. Hours ot la- SECTION 0. No person under eighteen years of age shall be em- bor of minors, pjoyed or permitted to worlf in a cigar shop or a cigar factory at manufacturing cigars for longer than eight hours a day or forty- eight hours a week. Dressing Sec 7. Where men and women are employed there shall be sep- rooms, etc. arate ilressing r(jom« and water-clusets for the different sexes. Penalty. Sec. 8. Any person violating any provision of this act shall he punished by fine not exceeding twenty-five dollars and no less than ten dollars for the first offense, and by fine not exceeding fifty dollars, and no less than twenty-five dollars for the second and each following offense. Chapter 274 (as amended by chapter 340, Acts of 1903).- liloymciit of children. -Em- Age cates. certifl- Section 1. No child between the ages of fourteen and sixteen years shall be employed at any time in any factory or workshop, bowling alley, barroom, beer garden, in or about any mine, store, oflice, hotel, mercantile establishment, laundry, telegraph, tele- phone, public messenger service or work for wages at any gainful occupation at any plade, unless there Is fi.rst obtained from the commissioner of labor, State factory inspector, any assistant fac- tory inspector, or from the judge of the county court or municipal court or from the judge of a juvenile court where such child resides, a written permit authorizing the employment of such child within such time or times as the said commissioner of labor. State factory inspector, any assistant factory inspector, county judge, municipal judge or judge of a juvenile court may fix. Xo child under fourteen years of age shall be employed at any time in any factory or workshop, bowling alley, barroom, bear [beer] garden, or in or about any mine. No child under fourteen years shall be employed, required or suffered to work for wages at any gainful occupation at any time except that during the vacation of Vacation per- the public school in the town, district or city where any child between the ages of twelve and fourteen years resides, it may be employed in any store, office, hotel, mercantile establishment, Age limit. WOMAN AND CHILD LABOR LAWS WISCONSIN. 141 laundry, telegraph, telephone or public messenger service in the town, district or city where it resides, and not elsewhere : Pro- vided, That there is first obtained from the commissioner of labor, Proviso. State factory Inspector, any assistant factory inspector, county judge, municipal judge, or from the judge of a juvenile court where such child resides, a written permit authorizing the employ- ment of such child within such time or times as the said commis- sioner of labor. State factory inspector, any assistant factory inspector, county judge, municipal judge or judge of a juvenile court may fix. The said commissioner of labor. State factory inspector, any assistant factory inspector, county judge, municipal, or judge of a juvenile court shall keep a record, stating the name, date and place of birth and place of school attended by any such child, and the county judge, municipal judge or such judge of a juvenile court shall report when so requested by the commissioner of labor or State factory inspector, the number of permits issued by him from time to time as hereinbefore provided. When the commissioner of labor. State factory inspector, any assistant fac- tory inspector, county judge, municipal judge, or judge of a juvenile court has reason to doubt the age of any child who applies for such permit, [the] commissioner of labor, State factory in- spector, any assistant factory inspector, county judge, municipal judge or judge of a juvenile court shall demand proof of such child's age by the production of a verified baptismal certificate or a duly attested birth certificate, or in case such certificate can not be secured, by the record of age stated in the first school enrollment of such child, and if such proof does not exist or can not be secured then by the production of such other proof as may be satisfactory to said commissioner of labor, State factory inspector, any assistant factory inspector, county judge, municipal judge or judge of a juve- nile court, and no permit shall be issued unless proof of such child's age is filed with the said commissioner of labor, State fac- tory inspector, any assistant factory inspector, county judge, muni- cipal judge or judge of a juvenile court. Whenever it appears that a permit has been obtained by a wrong or false statement as to any child's age, the commissioner of labor. State factory inspector, any assistant factory inspector, county judge, municipal judge or judge of a juvenile court of the county where such child resides shall revoke such permit. Sec. 2. It shall be the duty of every person, firm or corporation, Register, agent or manager of any firm or corporation employing minors in any mine, factory or workshop, bowling alley, barroom, beer gar- den, store, office, hotel, mercantile establishment, laundry, tele- graph, telephone or public messenger service within this State to keep a register in the place where such minor is employed and subject at all times to the inspector, or assistant factory inspector, in which register shall be recorded the name, age and -date of birth, place of residence, of every child employed, permitted or suffered to work therein, under the age of sixteen years, and it shall be unlawful for any person, firm or corporation, agent or manager of any firm or corporation to hire or employ, permit or suffer to work in any mine, mercantile establishment, factory or workshop, bowling alley, barroom, beer garden, store, office, hotel, laundry, telegraph, telephone or public messenger service, any child under sixteen years of age unless there is first provided and placed on file in such mine, mercantile establishment, factory, or workshop, bowling alley, barroom, beer garden, store, office, hotel, laundry, telegraph, telephone or public messenger [office], a permit granted by either the commissioner of labor, State factory in- spector, any assistant factory inspector, county judge, municipal judge, or judge of a juvenile court of the county court where such child resides. Sec. 3. No person under the age of sixteen years shall be em- Hours of la- ployed, required, permitted or suffered to work for wages at any tor. gainful occupation longer than ten hours in any one day, nor more than six days in any one week, nor after the hour of nine at night nor before the hour of six in the morning : Provided, That this Niglit work. 142 WOMAN AND CHILD LABOR LAWS WISCONSIN. Enforcement. Physician certificate. Night woi-lj. section shall not apply to boys carrying newspapers between the hours of four and six in the morning. Sec. 4. It shall be the duty of the commissioner of labor, the factory or assistant factory inspector to enforce the provisions of this act, and to prosecute violation of the same before any court of competent jurisdiction in this State. It shall be the duty of said commissioner of labor or the factory or assistant factory in- spectors, and they are hereby authorized and empowered to visit and inspect, at all reasonable times, and as often as possible, all places covered by this act. Sec. 5. The commissioner of labor, the factory or assistant fac- tory inspector shall have the power to demand a certificate of physical fitness, from some regularly licensed physician. In the case of children who may seem physically unable to perform the labor at which they may be employed, and no minor shall be employed who can not obtain su'ch a certificate. Care of eie- Sec. 6. No firm, person or corporation shall employ or permit tors. Qjjy child under sixteen years of age to have the care, custody, management or operation of any elevatoi-. Sec. 7. The words " manufacturing establishment," " factory " or " workshop " as used in this act, shall be construed to mean any place where goods or products are manufactured or repaired, dyed, cleaned or storted [sorted], stored or packed, in whole or in part, lor sale or for wages, and not for the personal use of the maker or his or her family or employer. Sec. 8. Any person, firm or corporation, agent or manager of any corporation who, whether for himself or for such firm or cor- l^oration or by himself or through agents, servants, or foreman, shall violate or fail to comply with any of the provisions of this act or shall hinder or delay the commissioner of labor, the factory or assistant inspectors or any or either of them in the performance of their duty or refuse to admit or shut or lock them out from any place required to be inspected by this act, shall be deerned guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Any corporation which, by its agents, officers or servants, shall violate or fail to comply with any of the above provisions of this act shall be liable to the above penalties, which may be re- covered against such corporations in action for debt or assumpsit brought before any court of competent jurisdiction. Sec. 9. Any parent or guardian, who suffers or permits a child to be employed, or suffered or permitted to work, in violation of this act shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than five nor more than twenty- five dollars. Sec.-IO. When in any proceeding in any court under this section there is any doubt as to the age of any child, a verified baptismal certificate or a duly attested birth certificate shall be produced and filed with the court. In case such certificates can not be se- cured, upon proof of such fact, the record of age stated in the first school enrollment of such child shall be admissible as evidence thereof. Definitions. Penaity. Same subject. Evidence. Chapter 330. — Certain eiiiploymeiits of children forbidden. Acrobatic occupations. Penalty. Section 3. No license shall be granted for a theatrical exhibi- tion or public show in which children under fifteen years of age are employed as acrobats, contortionists or in any feats of gym- nastics or equestrianism, when in the opinion of the board of ofii- cers authorized to grant licenses such children are employed in such manner as to corrupt their morals or impair their physical health. Sec 4. Any person who shall violate any of the provisions of this act shall, upon conviction, be fined in a sum not exceeding one hundred dollars. WOMAN AND CHILD LABOR LAWS WISCONSIN. 143 ACTS OF 1903. Chaptee 323. — Erni>loyment of women — Inspection of fac- tories, etc. Section 1. Every factory, mill, or workshop, mercantile or me- Water - clos - clianical establishment or other building where eight or more per- eta, etc. sons are employed, shall be provided within reasonable access, with a suflScient number of water-closets, earth closets, or privies for the reasonable use of the persons employed therein, and whenever male and female persons are employed as aforesaid together, water-closets, earth closets or privies separate and apart, shall be provided for the use of each sex, and plainly so desig- nated, and no person shall be allowed to use such closet or privy assigned to the other sex. Such closet shall be properly inclosed and ventilated and at all times kept in a clean and good sanitary condition. When the number employed is more than twenty of either sex, there shall be provided an additional closet for such sex up to the number of forty, and above that number in the same ratio. The commissioner of labor or any factory inspector may require such changes in the placing of such closets as he maytdeem necessary and may require other changes which may serve the best interest of morals and sanitation. Sec. 2. In factories, mills or workshops, mercantile or mechan- Dressing ical establishments or other places where the labor performed by rooms, the operator is of such a character that it becomes desirable or necessary to change the clothing, wholly or in part, before leaving the building at the close of the day's work, separate dressing rooms shall be provided for females whenever so required by the commissioner of labor or any factory inspector. It shall be the duty of every occupant, whether owner or lessee of any such premises used as specified by this act, to make all the changes and additions thereto. In case such changes are made upon the order of the commissioner of labor, or any factory inspector to the lessee of the premises, the lessee may at any time within thirty days after the completion thereof, bring an action against any person or corporation or partnerships having interest in such premises, and may recover such proportion of expenses of making such changes and additions as the court adjudges should justly and equitably be borne by such defendant. Sec. 5. Any owner, lessee or any person or corporation having penalty, charge of any of the aforesaid buildings or places, who shall vio- late any of the provisions of this act, shall be guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine of not less than ten (10) dollars and not exceeding one hundred (100) dollars. Chapteb 402. — Female messengers. •• Section 1. Xo female under eighteen years of age shall be em- Girls uu- ployed as a messenger by any telegraph or telephone company, ^^'^ ^^■ firm or corporation or by any company, firm, corporation or indi- vidual engaged in similar business. Sec 2. Whoever violates the provisions of this act shall be Penalty, punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not more than six months. ACTS OF 1905. Chapter 246. — Unlawful employment of children. Section 1. Any truant officer within this State shall have power Enforcement to visit factories, workshops, mercantile establishments and other «* ^a-ws. places of employment in their respective localities and ascertain whether any minors are employed therein contrary to law. They may require that the age and school certificates and lists of minors 144 WOMAH AND CHILD LABOR LAWS WISCONSIN. who are employed in such factories, workshops, mercantile estab- lishments and other places of employment, shall be produced for their inspection, and they shall report all cases of such illegal employment to the school authorities of their respective cities, towns, villages or districts and to the commissioner of labor, State factory inspector or any assistant factory inspector. Such truant officer shall receive no compensation from the State for perform- ing such services. WYOMING. CONSTITUTION. Article 9. — Employment of women and children in mines. Employment Section 3. No boy under the age of fourteen years and no prohibited. \'soman or girl of any age shall be employed or permitted to be in or about any coal, iron or other dangerous mines for the purpose of employment therein : Provided, however. This provision shall not affect the employment of a boy or female of suitable age in an office or in the performance of clerical work at such mine or colliery. REVISED STATUTES— 1899. • Certain rmployments of children forbidden — Employment of ■women and children, in mines. Acrobatic, SECTION 2289. It shall be unlawful for any person having the occu'patioiis^*'^ ' care, custody or control of any child under the age of fourteen years to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out or otherwise dispose of any such child to any person, in or for the vocation or occupa- tion, service or purpose of singing, playing on musical instruments, dancing, rope or wire wallting, begging or peddling, or as a gym- nast, contortionist, rider or acrobat, in any place whatsoever ; or as an actor or performer in any concert hall or room where intoxi- cating liquors are sold or given away, or in any variety theater, or for any illegal, obscene, indecent or immoral purpose, exhibition or practice whatsoever ; or for or in any business exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage such child to engage therein. Nothing in this section contained shall apply to or affect the employment or use of any child as a singer or musician in any church, school or academy, or at any respectable entertainment, or the teaching or learning the science or practice of music. It shall be unlawful for any person to take, receive, hire, employ, use, exhibit or have in custody any child, under the age, and for the purposes prohibited in this section. Employment Seo. 2295. Any person who shall take, receive, hire or employ, in mines. either in his or her own behalf, or as the agent, servant or em- ployee of any person, persons, association of persons, copartner- ship, company, corporation, any boy or male child under the age of fourteen years, or any woman or girl of any age, or shall allow or permit the said persons to be in or about any coal, iron or other dangerous mine, or underground works or dangerous place whatsoever in this State, for the purpose of employment therein or thereabouts, shall be fined not less than twenty-flve dollars, nor more than one hundred dollars to which may be added imprison- ment in the county jail not more than six months: Provided, however. That the provisions of this section shall not affect or apply to the employment of a boy or female of suitable age in an office, or in the perfomance of clerical work at such mine, colliery or place. Earnings of married women. Earnings Sep- SECTION 2976. Any married woman may * * * perform any arate property, j.^jjqj. ^^ services on her sole and separate account and the earn- ings of any married woman from her * * * jabor or services, WOMAN AND CHILD LABOR LAWS WYOMING. 145 shall be her whole and separate property and may be used aud intrusted by her in her own name, and she may sue and be sued as if sole in regard to her * * * labor, services and earnings, * * IH ACTS OF 1901. Chapter 33. — Seats for female employees. Section 1. Every person or corporation employing females in seats to be any manufacturing, mechanical or mercantile establishment in provided, the State of Wyoming shall provide suitable seats for females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Sec. 2. Any person or corporation who shall violate the provi- Penalty, sions of this act shall, upon conviction thereof, be considered guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars, nor more than thirty dollars for each and every offense. ACTS OF 1903. Chapteb 35. — Mining regulations — Engineers. Section 8. No person * * * under eighteen years of age . Hoisting en- shall be employed as hoisting engineer. gineers. UNITED STATES. ACTS OF 1890-91. Chapter 564. — Employment of children in mines. Section 12. No child under twelve years of age shall be em- Age limit. ployed in the underground workings of any mine. And no father or other person shall misrepresent the age of anybody so employed. Any person guilty of violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed one hundred dollars. [This section applies to coal mines in the Territories of the United States, unless superseded by act of Territorial legislature, certified by the governor of the Territory to the Secretary of the Interior.] 7054—07 10 Il^DEX. A. Page. Age of employment of children — Alabama 6 Arizona 7 Arkansas 8 California 11 Colorado 13, 15, 16 Connecticut 18 Delaware 21 Georgia 1 27 Idaho 29 Illinois 31-35 Indiana 37, 38 Iowa 39,40 Kansas 42 Kentucky 42-44 Louisiana 46 Maine 48, 49 Maryland 51-55 Massachusetts 59, 65, 66 Michigan 68 Minnesota 69 Missouri 72, 73 Montana 78, 79 Nebraska 80 New Hampshire 81-83 New Jersey 85-87 New York 90-96 North Carolina 99, 100 North Dakota 101 Ohio 106, 107 Oregon 108, 110 Pennsylvania 118-120 Rhode Island 121-123 South Carolina 125 Tennessee 128 Texas i 129 Vermont 131 Virginia 133 Washington 135 West Virginia 137 Wisconsin 139-142 (See also Elevators, employment of children on ; Engineers at mines, age limit for ; Mines, employment of children in ; Telegraph operators, railroad, age limit for.) Bureau of child and animal protec- tion — Montana 78 c. Cleaning moving machinery — Indiana 38 Iowa — 39 Kentucky 44 Louisiana 45 Massachusetts 62 Michigan 68 Missouri 73 New Jersey 87 New York 93 Pennsylvania 118 , Rhode Island 122 West Virginia 138 Corporal punishment of minor em- ployees — Georgia 26 D. Page. Dangerous employments. (See Em- ployment of children in certain oc- cupations forbidden.) Deductions tram wages. (See Wages, deductions from.) Dressing rooms. (See Toilet rooms.) E. Earnings of married women — Alabama 6 Arkansas 8, 9 Colorado 14 Connecticut 18 Delaware 19 District of Alaska '— 23 District of Columbia 23 Florida 25 Georgia 26 Hawaii 28 Illinois 31 Indiana 37 Iowa 39 Kansas 41 Maine 49 Maryland 51 Massachusetts 64 Missouri 73 Montana 77 Nebraska 79 Nevada 80 New Hampshire , 82 New Jersey 84 New Mexico 87 New York 90 North Carolina 99 North Dakota 102 Oklahoma 107 Oregon 108 Pennsylvania 112 Porto Rico 121 Rhode Island 124 South Carolina 124 South Dakota 126, 127 Utah 130 Vermont 131 Virginia 132 Washington 134 West Virginia 136 Wisconsin 139 Wyoming 144, 145 Earnings of minors — California 9 Idaho 28 Iowa 39 Minnesota 71 Montana 77 New York 90 North Dakota 102 Ohio 104 Oklahoma 108 Porto Rico 120 South Carolina ^ 124 South Dakota 128 Utah 130 Virginia 132 Washington 134 Wisconsin 139 Elevators, employment of children on — Connecticut 18 Illinois 35 Indiana 38 147 148 INDEX. Page. Elevators, employment of children on — Concluded. Iowa 40 Kentucky 44 Massachusetts 64 Minnesota 70 New York 9,8 Ohio 103 Pennsylvania 112 Rhode Island 123 Wisconsin 142 Employment 'of children, consent of parents required for — Florida 25 Michigan 69 Mississippi 71 North Carolina 100 Employment of children during school time — ^ Arizona SF- 7 California 11 Colorado 13-15 Connecticut 17 District of Columbia 24, 25 Idaho 29 Illinois 31 Massachusetts 56 Minnesota 70 Missouri 75, 76 Montana 76, 77 Nebraska 80 New Hampshire 80-82 New York 89 North Dakota 101, 102 Ohio 102-104 Oregon 108 Pennsylvania 113, 114 South Dakota 127 Vermont 130, 131 Washington 135, 136 West Virginia 137 Employment of children in certain occupations forbidden — California 9, 10 Colorado 14, 15 Connecticut 17 Delaware 20 District of Columbia 23 Florida 25 Georgia 27 Idaho 29, 30 Illinois 30,34,35 Indiana 36 Iowa 40 Kansas 41 Kentucky 43 Louisiana 45, 46 Maine 49 Maryland 50, 51 Massachusetts 62, 63 Michigan 67, 68 Minnesota 71 Missouri 72 Montana 78 New Hampshire 83 New Jersey 85 New York 88, 89 Ohio 106 Pennsylvania 111, 112 Porto Rico 120 Rhode Island 123 Virginia 133 West Virginia 137, 138 Wisconsin 139, 140, 142 Wyoming 144 (See also Cleaning moving ma- chinery ; Mines, etc. ; Saloons, etc.) Employment of minors, contracts for — Ohio 105 Emt)loyment of minors with Intent to defraud — • North Carolina 99 Engineers at mines, age limit for — Missouri 74 Pennsylvania 112, 113 United States 145 H. Page. Hiring out children to support par- ents in Idleness — Alabama 7 Georgia 27 Louisiana 46 Mississippi 72 North Carolina 100 Virginia 132 Hours of labor of children — Alabama 6 Arkansas 8 California 10 Colorado 16 Connecticut 18 Delaware 22 Georgia 26 Idaho 29 Illinois 34 Indiana 37-39 Iowa 40 Kentucky 43 Louisiana 46 Maine 47, 48 Maryland 50 Massachusetts 58, 59, 61, 02, 65 Michigan 68 Minnesota 69, 71 New Hampshire 82 New Jersey 84, 87 New York 93, 94 North Carolina 99-101 North Dakota 102 Ohio 107 Oklahoma 107 Oregon 108 Pennsylvania 113, 118 Porto Rico 120 Rhode Island 124 South Dakota 128 Virginia 132 Wisconsin 138-142 Hours of labor of women — Colorado 16 Connecticut 18 Louisiana 46 Maine 47, 48 Maryland 53 Massachusetts 58, 59, 61, 62 Nebraska , 79 New Hampshire 82 New Jersey 84 New York 93 North Dakota , 102 Oklahoma ' 107 Oregon 110, 111 Pennsylvania 113, 118 Rhode Island 124 South Dakota 128 Virginia 132 Washington 134, 135 Wisconsin 138, 139 Illiterate children, employment of — Arizona 7 Arkansas g California n Colorado 15, 10 Connecticut 17 Georgia 27 Idaho Of) Illinois 34 Indiana 37 Maryland 52 Massachusetts 59 61, 65 Michigan gg Minnesota 70 Montana 77 New Hampshire si 82 New York ' 9I Ohio --—- . 104 rennsylvania 113 Texas 129 INDEX. 149 M. Page. Messengers, female- Washington 135 Wisconsin 143 Messengers, sending to immoral piaces — California 10 Idaho 30 Mines, employment of children in — Alabama 6 Arljansas 9 Colorado 13, 14 Idaho 28 Illinois 31 Indiana 38 Iowa 39 Kansas 41, 42 Kentueisy 43, 44 Maryland 56 Missouri 74 Montana 76 New York 94 North Carolina 100 Ohio 102, 103 Oregon 108 Pennsylvania 112-11.8 South Daltota 126 Texas 129 Utah 130 Washington 133 West Virginia 136 Wisconsin 140 Wyoming 144 United States 145 Mines, employment of women in — Alabama 6 Arkansas 9 Colorado 14 Illinois 31 Indiana 38 Maryland 56 Missouri 74 New York 94 Pennsylvania 112 Utah 130 Washington 133 West Virginia 136 Wyoming 144 N. Newsboys. (See Street trades.) Night work by children — Alabama 6 Arkansas 8 California 10 Georgia 27 Idaho 29 Illinois 31 Indiana 38 Iowa 40 Kentucky 43, 44 Massachusetts ^ 59 Michigan 68 Minnesota 69 Missouri 74 New .Jersey 85 New York 93,94 North Carolina 101 Ohio lOT Oregon 108 Pennsylvania 113, 118 Rhode Island 121 South Carolina 125 Texas 129 Vermont 131 Virginia 132, 1.33 Washington 135 Wisconsin 141, 142 Night work by women — Indiana 38 Massachusetts 59 Nebraska '" P. „ Page. Parents of minor employees, names of, to be furnished — Pennsylvania 114 Polishing, grinding, etc., employment at — Michigan 67 New York 94 B. Registers, etc., to be kept by employ- ers — Alabama 6 Arizona 7 Arkansas 8 California 11, 12 Colorado 15 Connecticut 19 Delaware 22 Georgia ■ 27 Idaho 29 Illinois 31 Indiana 37 Iowa 40 Kansas 42 Kentucky 44 Maine 48 Maryland 54 Massachusetts 59 Michigan 68 Minnesota 70 Montana 77 Nebraska 80 New Hampshire 81 New .Jersey 87 New York 92, 95 Ohio 107 Oregon , 108 Pennsylvania 114 Rhode Island 121 South Carolina 126 Vermont 131 Washington 136 Wisconsin 140, 143, 144 Saloons, etc., employment of children in — Arizona 7, 8 Connecticut 18 District of Alaska 23 Georgia 26 Hawaii 28 Idaho 30 Illinois 35 Indiana 36 Maryland 50, 51 Massachusetts 57 New Hampshire 83 Pennsylvania 111 South Dakota 127 Vermont 131 West Virginia 137 Saloons, etc., employment of women in — Arizona 7, 8 District of Alaska 23 Iowa 39 Louisiana 45 Maryland 51 Michigan 66, 67 Missouri 72 New Hampshire 83 New York 98 Vermont 131 Washington 134 Sanitation of factories, etc. — Delaware 20, 21 Louisiana 46, 47 Massachusetts 63, 64 Minnesota 71 150 INDEX. Page. Sanitation of factories, etc. — Con. Missouri 73-75 New Jersey 87 New Yorl£ 93,94,96 West Virginia 138 School attendance, certificate of, re- quired — Arliansas 8 California 12, 13 Colorado 15 Delaware 21, 22 Georgia 27,28 Illinois 32, 33 Massachusetts 59-61 Minnesota 70 Missouri 75, 76 Montana 77 Nebraska 80 New Jersey 84 New York 89 North Carolina 100, 101 ■ North Dakota 101, 102 Ohio 103, 104, 106, 107 Oregon 108-110 Pennsylvania 118-120 South Carolina 126 South Dakota 127 Vermont 131 Washington 136 Seats for female employees — Alabama 6 California 10 Colorado 14 Connecticut 18 Delaware 19, 20 District of Columbia 24 Florida 25 Georgia 26 Indiana 36 Iowa 39 Kansas 41 Kentucky 44 Louisiana 46 Maryland 49,50,56 Massachusetts 62 Michigan 67 Minnesota 69 Missouri 73 Nebraska 79 New Hampshire 83 New Jersey 83, 84 New York 90,96,98 Ohio 105 Oregon 111 Pennsylvania 114 Rhode Island 122 South Carolina 125 Tennessee 129 Utah 130 Page. Seats for female employees — Con. Virginia 132 Washington 134, 135 West Virginia 138 Wisconsin 140 Wyoming 145 Sex not a bar to employment — California 9 Illinois 30 Washington 134 Street trades — Massachusetts 57, 65 New York 96,97 T. Telegraph operators, railroad, age limit for — Colorado 15 Georgia 26 New York 98 Time for meals to be allowed — Iowa 40 Louisiana 46 Massachusetts 61, 62 New York 94 Ohio 107 Oregon 108 Toilet, etc., rooms for female em- ployees — Delaware 20 District of Columbia 24 Indiana 38 Iowa 39 Kentucky 44 Louisiana 46, 47 Massachusetts 63 Minnesota 71 Missorfrl 73, 74 New Jersey 87 New York 93, 94, 96 Ohio 105, 106 Pennsylvania 114 Rhode Island 122 Tennessee 128 West Virginia 138 Wisconsin 143 W. Wages of children and women, deduc- tions from — Massachusetts 64 Ohio 104, 105 Wages of females, suits for — Michigan 66 New York 87,88 Water-closets. (See Toilet rooms.) DATE DUE mj.£m SCI" "3 2-SiL--^ £^ .==i:3*HW iinTir 1 1 ' 36» . - 1 k\ \ . ^W^ iVl^ APH i 1 1994 MAY 1 2 2nnA ivinl 1 ^ CAVLORD PRINTCO IN U.S.A. HD6083.U5A3Tm7""'"''"^ ""'TiNrMlJ!?,.!,? '"^ employment of women 3 1'924 06'0"605 SSs"