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The same exceptions are made as in the factory acts applying to adult women (see above) in many States. Thus, there is an exception “to make a shorter work day on the last day of the week (N. Y., Ind., Mich., Cal.), or in New York and Indiana enough hours may be taken in any one week to make an average of 10 hours per day for the whole number; and there is an exception“ for the purpose of making necessary repairs of machinery, in order to avoid the stoppage of the ordinary running of the establishment” (Mich., Cal.).
A few of these laws go further and prescribe the time of day as to both women and minors. Thus, not before 6 a. m. or after 9 p. m. in New York; 6 a. m. and 10 p. m. in Massachusetts (1890, 183), Nebraska, and Indiana; 7 a. m. and 10 p. m. in New York as to mercantile establishments; 7 a. m. and 6 p. m. in Michigan (1899, 77).
And the hours of beginning and ending must be posted (see below) and earlier or later work than the intervening period is not permitted. (N. Y., Ind., Me., Mass., R. I., Nebr.).”
When the notice of factory hours is posted (see below) it may not and no child shall be employed between 6 p. m. and 7 a. m; and it shall be unlawfui for any manufacturing establishment to hire or employ any child under the age of sixteen years without there is first provided and placed on file a (sworn) statement in writing 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. If said child have no parent or guardian, then such statement shall be made by the child, which statement shall be kept on file by the employer, and which said register and statement shall be produced for inspection on demand made by any factory inspector appointed under this act.
SEC. 14. Nothing in this act shall apply to canning factories or evaporating works, but shall apply to any other place where goods, wares or products are manufactured, repaired, cleaned, or sorted, in whole or in part; but no other person, persons or corporation employing less than five persons or children, excepting in any of the cities of this State, shall be deemed a manufacturing establishment within the meaning of this act.
Minnesota (G. S.):
SEC. 2240 (as amended by chapter 49, acts of 1895). In all trades, professions, callings and departments of labor and in all manufactories, workshops, mills and other places wherein persons are employed to perform labor for hire or reward, in this State, the time of labor for persons so employed and performing labor, shall not exceed ten hours for each day, and any owner, stockholder or overseer, employer, clerk or foreman who shall compel any person or shall permit any child under the age of fourteen years, so employed, to labor for any more than ten hours in any one day, where such owner, stockholder, or overseer, clerk or foreman has control, such person so offending shall be liable to a prosecution in the name of the State of Minnesota, before any justice of the peace, of [or] court of competent jurisdiction of the county wherein the same occurs, and upon conviction thereof shall be fined in any sum not less than ten nor more than one hundred dollars; Provided, That the provisions of this section shall not apply to agricultural laborers and domestics employed by the month and to persons engaged in the care of live stock; And provided further, That extra labor may be performed for extra compensation, except in the case of children under fourteen years.
SEC. 6541. Á person who compels a child under sixteen years of age to labor more than ten hours in any day in any factory, workshop or mercantile or manufacturing business, is guilty of a misdemeanor.
(1895, 171, 1, as am. by 1897, 360):
SECTION 1. No child under fourteen (14) years of age shall be employed at any time in any factory or workshop, or about any mine. No such child shall be employed in any mercantile establishment nor in the service of any telegraph, telephone or public messenger company except during the vacation of the public schools in the town
be changed after beginning labor on the first day of the week without the consent of the factory inspector (N. Y.)."
Meal hours.-Several of the statutes discussed in this section prescribe that a certain time must be taken out of such labor hours for meals. Thus, in New York, Indiana, Louisiana, 1 hour for dinner; in Pennsylvania and Michigan, 45 minutes; in Ohio, 30 minutes; but this time is not counted as part of the labor period. In New York 20 minutes must be allowed for lunch before overtime work after 6 p. m. In Massachusetts half an hour for a meal must be given after a 6 hours' work time; and all children, women, etc., more than 5 in num
where such child is employed. No child under sixteen (16) years of age shall be employed at any occupation dangerous or injurious to life, limb, health or morals; nor at any labor of any kind outside of the family of such child's residence before six o'clock in the morning, nor after seven o'clock in the evening, nor more than ten (10) hours in any one day, nor more than sixty hours in any one week, except in accordance with the following express permission or condition, to wit: Children not less than fourteen years of age may be employed in mercantile establishments on Saturdays and for ten days each year before Christmas until ten (10) o'clock in the evening: Provided, however, That this permission shall not be so construed as to permit such children to toil more than ten hours in any one day, nor over sixty hours in any one week.
California (1889, 7):
SEC. 1. No minor under the age of eighteen shall be employed in laboring in any manufacturing, mechanical, or mercantile establishment, or other place of labor, more than ten 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 sixty hours in a week.
Sec. 2. No child under ten years of age shall be employed in any factory, workshop, or mercantile establishment; and every minor under sixteen years of age when so employed shall be recorded by name in a book kept for the purpose, and a certificate (duly verified by his or her parent or guardian, or if the minor shall have no parent or guardian, then by such minor, stating age and place of birth of such minor) shall be kept on file by the employer, which book and which certificate shall be produced by him or his agent at the requirement of the commissioner of the bureau of labor statistics.
Maryland (P. L. 27): SEC. 139 (as amended by chapter 443, acts of 1892). No child under sixteen years of age shall be employed in laboring more than ten hours a day in any manufacturing business or factory established in any part of the State, or in any mercantile business in the city of Baltimore.
SEC. 140 (as amended by chapter 443, acts of 1892). Any person who shall so employ a child or suffer or permit such employment is guilty of a misdemeanor.
SEC. 141 (as amended by chapter 443, acts of 1892). The word “suffer or permit,' includes every act or omission, whereby it becomes possible for the child to engage in such labor.
SEC. 1885. The hours of labor by all persons under twenty-one years of age, in all cotton, woolen, or other manufacturing establishments, or machine shops in this State, shall be from sunrise untill [sic] 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.
3 The New York law in full is as follows (1899, 192):
$ 77. A printed notice 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
ber employed in the same factory must be allowed their meal time at the same hour, with various still more specific provisions (Mass. 1894, 508, 26-27).
Labor of children absolutely forbidden.-But besides this, there is another line of statutes absolutely forbidding the labor of children in factories under a certain age (the constitution of Kentucky (8 243 requires such laws), and also limiting their employment below a somewhat higher age, with a view to their education in the public schools by restricting it unless they have certain educational qualifications, or by requiring licenses from the truant officers, factory inspectors, board of health, or other persons before they can be employed in factories at all. Thus, Massachusetts (1898, 494, § 1), Connecticut (1753), New York (G. L. 32, $ 70), Indiana (1899, 142), Illinois (1897, p. 90, § 1), Michigan (1897, 92), Missouri (1897, p. 143), Minnesota (1897, 360), and Colorado (Ann. Stats. 413) absolutely prohibit the employment of children in factories below the age of 14; New Jersey (Sup., p. 407, $ 9) and Louisiana (1886, 43) below the age of 14 for girls or 12 for boys; Pennsylvania (1897, 26, 2) and Ohio (1898, p. 123) below the age of 13; Maine (1887, 139, 5), Rhode Island (68, 1; in factories, etc., employing five or more women and children), Wisconsin (1728) (in factories, etc., employing three or more), Maryland (local law, 100, 4), West Virginia (p. 998), North Dakota (Const., 209), and Tennessee (1893, 159) below the age of 12, while New Hampshire (93, 10), Vermont (4320), Nebraska (1899, 108), and California (1889, 7, 2), put the age as low as 10. In Nebraska ($ 6953) children under 12 can not be employed in factories more than four months in the year, and in Wisconsin (1728) children under 14 not more than seven months; but a later statute allows the employment of children over 12 in mines, factories, and places of
the time for ending such work, mentioned in such notice, but they shall not be required to perform any labor 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 factory inspector.
$ 78. Change of hours of labor of minors and women.—When, in order to make a shorter work day on the last day of the week, a minor under eighteen years of age, or a female 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 factory inspector, 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 notification 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 office of such factory, and produced upon the demand of the factory inspector.
In Indiana (1899, 142, 1):
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 aforesaid shall post and keep posted in a conspicuous place in every room where such help is employed a printed notice stating the number 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 permitted to be performed by such person 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: Provided, That such female under eighteen and persons under sixteen years of age may begin after the time set for beginning and stop before the time set in such notice for the stopping 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 for ending the day's labor.
amusement upon license of the county judge (Wis., 1891, 109). This accounts for a few more States, so that we can now say that there is absolutely no limitation for persons of any age or sex only in Iowa,
* For the laws in full for Massachusetts, Wisconsin, Pennsylvania, the Dakotas, Oklahoma, California, see note 1 above; for Illinois, Michigan, Minnesota, Ohio, Vermont, see note 2 above.
The Connecticut law ($ 1753, as amended by chapter 118, acts of 1895–
No child under fourteen years of age shall be employed in any mechanical, mercantile, or manufacturing establishmentis followed in New York, as to “factories” (see definition) only.
In Indiana (1899, 142, $ 2) the law reads:
No child under fourteen years of age shall be employed in any manufacturing or mercantile [etc.] establishment 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 under the age of sixteen years; and it shall be unlawful for any proprietor, agent, foreman, or other person in or connected with (such] establishment to hire or employ any child under the age of sixteen years to work therein without there is first provided and placed on file in the office an affidavit made by the parent or guardian, stating the age, date and place of birth of said child; if said child have no parent or guardian, then such affidavit shall be made by the child, which affidavit shall be kept on file by the employer, and said register and affidavit shail be produced for inspection on demand made by the inspector, appointed under this act. There shall be posted conspicuously in every room where children under sixteen years of age are employed, a list of their names, with their ages, respectively. (No chil! under the age of sixteen years shall be employed in any manufacturing establishment 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 factory inspector shall have the power to demand a certificate of physical fitness from some regular physician in the case of children who may seem physically unable to perform the Tabor at which they may be employed, and shall have the power to prohibit the employment of any minor that can not obtain such a certificate.)
In Missouri (1897, p. 143):
SECTION 1. No child under the age of fourteen years shall be 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.
SEC. 2. Any person, firm or corporation, or its agents, who employs, and any parent or person in charge of such child who permits the employment of such child in violation of this act, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined not less than ten nor more than one hundred dollars, or imprisonment 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 poverty of the parent, or person in charge of such child, shall be a good defense to such proceeding.
In Wisconsin (see also in note 1, above):
Sec. 1728a. No child under thirteen years of age shall be employed or allowed to work by any person, company, firm, or corporation at labor or service in any shop, factory, mine, store, place of manufacture, business or amusement except as hereinafter provided.
The judge of the county court in the county where the child resides and is to be employed or to work, may, by order of record, grant a permit to any child over ten years to be exempt and in such county from the operation of this act as to such employment, and to such extent, and for such time and on such terms as may be named in such permit, on its being shown to his satisfaction that such child can read and write the English language and that it is fit and proper considering the lack of means of support of the family of which such child is a member, that such permit should be granted, and such permit may be rescinded by any such judge on written notice to such child, or to any person having control of or employing such child. Such permit must state the age, place of residence and the amount of school attendance prior to the granting of such permit. A record of such permits must be kept in
Kansas, Oregon, Nevada, Washington, Idaho, Montana, Wyoming, Utah, Kentucky, Arkansas, Texas, North Carolina, Alabama, Florida,
* and every
such court. * No charge or fee shall be required in any matter under this section.
No child shall be so employed or work who does not present such permit, and every person before employing or permitting such child to so labor, or be at service, shall require and retain such permit, and shall keep the same together with a correct list of all children so employed, posted in a conspicuous manner in the place of employment, and shall show such list on demand, to any school officer or teacher or police officer.
Any person, company or corporation who employs or permits to be employed or to work any child in violation of this act, and any person having the control of any such child who permits such employment or work, shall for every offense forfeit a sum of not less than ten dollars nor more than fifty dollars day of such illegal employment shall constitute a distinct offense.
Any person having control of or in his employ a child who, with intent to evade the provisions of this act, shall make a false statement concerning the age of such child or the time such child has attended school or shall instruct such child to make any false statement shall, for such offense forfeit the sum of not less than ten dollars, nor more than fifty dollars, for the use of the public schools of such city, town, or district.
But by a later law (1891, 109):
SECTION 1. No child under fourteen years of age shall be employed at labor or service in any mine, factory, workshop or place of public entertainment or amusement, in this State, except upon permit as hereinafter provided; but nothing herein shall interfere with or prohibit the employment of such child in the service of its parent outside of school hours.
SEC. 2. The county judge of the county wherein any child resides may, by order 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 act as to employment. Every such permit shall specify the conditions and the time during which such child may be employed, fixing such limitations as to said judge shall seem proper; and in determining whether such permit shall be granted, the said county 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 limitations and with the same conditions be exercised by the mayor of the city or the president of the incorporated village in which or nearest to which said child or its parent resides.
Sec. 3. Any person, company, firm or corporation that employs or permits to be employed at work any child in violation of the foregoing provisions of this act, and any parent or other person having the control of any such child who permits such employment, shall, on conviction, be punished by a fine of not less than ten nos more than fifty dollars. Nothing herein shall be construed to interfere with the district attorney of any county presenting violations of this act.
SEC. 4. It shall be the duty of the commissioner of the bureau of labor, census, and industrial statistics, the factory inspector and the deputy or deputies of said bureau to enforce the provisions of this act and to prosecute all violations thereof before any magistrate or any court of competent jurisdiction.
In Colorado (Ann. Stats.) :
SEC. 413. Any person who shall take, receive, hire or employ, any children under fourteen years of age in any underground works, or mine, or in any smelter, mill or factory, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or court of record, shall be fined not less than ten dollars nor more than fifty dollars for each offense. Provided, That a jury on the trial of any such case before a justice of the peace, shall be called and empaneled as in the case of assault and battery, and that the jury in such cases shall designate the amount of the fine in their verdict.
SEC. 414. Whenever any person shall before a justice of the peace make oath, or affirm that the affiant believes that this act has been, or is being violated, naming the person charged with such violation, such justice shall forthwith issue a warrant