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The law frequently requires a certificate from the parent or guardian
ceding year, and shall deposit with the owner or person in charge of such mill or factory a certificate showing such attendance, signed by the teacher of such school.
Sec. 5. The town superintendent of schools may inquire of the owner or person in charge of a millor factory as to the employment of children therein; and may call for the production of the certificates required to be deposited with such person and ascertain if there is any violation of the law in the employment of such children.
Sec. 6. No person shall hereafter give employment to any child under fourteen years of age who can not read and write, but is capable of receiving such instruction during the time when the school which such person should attend is in session.
SEC. 7. A person who shall violate the provisions of sections three, four, or six of this act, or who shall refuse to give the information or exhibit the certificates required to be given and exhibited by section five of this act, shall forfeit not less than five nor more than twenty-five dollars, to be recovered by prosecution before a justice of the peace, and to be paid to the town in which the child resides. And each truant officer is hereby required to make complaint of any violation of said sections to a justice of the peace or judge of a municipal court, who shall issue his warrant, according to law, for the arrest and trial of such offender.
New York (G. L. 32, 70–76) :
The New York law provides that children between the ages of 14 and 16 may not be employed in factories unless a certificate, executed by a health officer, be filed with the employer, which shall not be issued unless the officer is satisfied that such child is 14 years of age and physically able to perform the work. The certificate describes the child, and may not be granted unless it appear that the child has attended school, in which the regular branches are taught, for one year previous to arriving at the age of 14, or during the year previous to applying for such certificate, and is able to read and write English. Children of 14 who can read and write may be employed during vacation upon vacation certificates, which require no school attend
The employer must keep a register open to the inspection of the factory inspector.
New Jersey (Sup., p. 937, 77):
In New Jersey no child under 15 can be employed in any business whatever unless it have attended, within 12 months preceding, some public day or night school for twelve consecutive weeks, or some well-recognized private school.
Pennsylvania (1897, 26, 2):
No child under 16, without an affidavit by the parent or guardian stating its age; and none such may be employed who can not read and write English, except he prasent a certificate of having attended during the preceding year an evening or day school for a period of 16 weeks, signed by a teacher of such school.
Ohio. See § 5, note 2, p. 25 above for the Ohio law (1898, p. 123).
In Indiana it is unlawful for manufacturers to employ children under 16 without an affidavit by the parent or guardian stating the age of child, which is open to the factory inspector, and no child under 16 shall be employed who can not read or write English, excepting in vacation of the public schools.
In Michigan (1895, 184, 2) and Illinois (1897, p. 90, 2) a register of children under 14 (16 in Michigan by statute of 1899, 77) must be kept, and certificate of age received from the parent, etc.
Minnesota (1895, 171):
No children under the required school age shall in the year next succeeding any birthday be employed at any occupation during the hours in which the schools are in session, unless and until he has attended some school for the prescribed period, and no child under 16 who can not read or write English shall, except in vacation, be employed in any indoor occupation unless such child is a regular attendant at á day or evening school; but (1897, 360) whenever it appears that the labor of any minor so debarred from employment is necessary for the support of the family to which it belongs, or its own support, the school board may, at its discretion, issue a permit authorizing his employment.
In Wisconsin there are two statutes. Section 1728a of the Code provides that no child under 13 shall be employed or allowed to work by any person in any shop, factory,
as to the age of such child as a preliminary to employment. Such certificate of age given by the parent, etc., is made conclusive evidence in prosecutions under the statute." The Massachusetts statute is perhaps the most elaborate, while the older system is still exemplified by the older Vermont statute, which merely requires the selectmen of towns to inquire into the treatment of minors employed in manufacturing establishments; and if their education, morals, etc., are unreasonably neglected, or he is treated with improper severity or compelled to labor unreasonable hours, they may, if he has no parent or guardian, discharge him from such employment and bind him out as apprentice, with the minor's consent (VT. 2518).
Posting of law and employees subject to it.--Most of the statutes limiting the labor of women or minors in factories require that a copy of the act be posted in the factory (Pa.), or a notice stating the hours, time, etc., required of such persons (N. Y., Ohio, Ind., Cal., Me., Mass., N. H., R. I., Pa., Conn., Nebr.), or a list of the minors laboring in the factory who are below the prescribed age open to the factory inspectors, etc. (Me., Ohio, N. Y., Ind., III., Mich., Cal., Pa., R. I., Mass.); and it is still more usual, in case of the educational laws referred to in the last paragraph, to require such posting.
Enforcement.--In all States where we have stated the law as compulsory, the employer (Ohio 1898, p. 123, 3; Ill. 1897, p. 90, 9; Mich. 1895, 184, 17; Minn., Cal., Md., La., Me., N. H., N. J., R. I., Va.,
mine, store, place of manufacture, business, or amusement except by order of the judge of the county court, who may grant such permit to any child over 10 on such time and such terms as may be named on its being shown that the child can read and write English, and that it is fit and proper that such permit shall be granted owing to lack of means of the family. The permit must state the age, residence, and amount of school attendance prior to granting it, and the child may not be employed without such permit.
The statute of 1891 (109, 2) provides that no child under 14 shall be employed in any mine, factory, workshop, or place of public entertainment or amusement except upon permit of the county judge, which may be granted to any child over 12, specifying the conditions, fixing limitations, etc.; and in granting such permit the county judge shall consider the moral and physical condition of the child, his state of education, the necessities of the family, and other circumstances. (For the laws in full see 5, notes 1 and 4.)
Colorado (§ 417):
In Colorado it is unlawful for any person to employ a child under 14 to labor in any business during the school hours, unless it have attended some public or private day school at least 12 weeks in each year with certificate from the teacher, etc., or twice the time of such school attendance at half time, or at a night school.
North and South Dakota (N. Dak., $ 762; S. Dak., 1897, 57, 7, 3) :
In North and South Dakota no child between 8 and 14 shall be employed in any mine, factory, workshop, or mercantile establishment, or in any other manner, except by its parents or guardian, during the hours when the public schools are in session, unless with certificate from the superintendent of schools that such child has attended school for a period of 12 weeks during the year, or has been excused from such attendance.
Louisiana (1886, 43, 2):
In Louisiana there is a general prohibition against the employment of children under 14 in any employment who have not attended school for four months of the year preceding?
10 N. Y. G. L. 32, 71; N. J. Sup., p. 407, 10; Pa. 1897, 26, 2; Ind. 1897, 65, 2; Ill. 1897, p. 90, 2; Mich. 1895, 184, 2; Cal. 1889, 7, 2; Minn. 1895, 171, 8.
11 Me. ib. 3; N. H. ib. 17; R. I. ib. 23; Mass. 1894, 508, 61; Conn. 1745; Tenn. 1893, 159, 2.
Pa., Mass., Conn., Wis., Vt. 4320; Mo. 1897, p. 143; Wyo., Nebr.) or employee (Mich.) or parent or guardian of the child (R. I., Conn.) violating it or permitting its violation (Ill., Mich., Minn., Cal., Md., Pa., Wyo.), or the officers, agents, etc., of an employer corporation (Ill., Me., N. H., Mass., Wis., Nebr.), are subject to a fine for each offense ($20 to $50 in Ohio and Nebraska; $10 to $100 in New York, Illinois, Minnesota, Louisiana, and Missouri; $5 to $100 in Michigan; $50 to $200 in California; $25 to $50, Maine and Massachusetts ib. 68; $50, New Hampshire, Vermont; $100, New Jersey; $20, Rhode Island, Connecticut, 1745; $5 to $20, Virginia; $500, Pennsylvania; $20 to $100 for first offense, $50 to $200 or imprisonment 30 days for second offense, $250 fine as a minimum and sixty days' imprisonment for third offense, N. Y. 1897, 416, $ 384-1; $5 to $50, Wisconsin; $50 to $200, Wyoming; or imprisonment 10 to 30 days in Ohio and Louisiana; 10 to 90 days, Michigan; 3 months, Wyoming; 2 to 10 months in Missouri or is declared guilty of a misdemeanor (Md. 27, 140; S. Dak. Pen. C. 6931). But “extreme poverty” is declared "a defense to this proceeding” (Mo.).
The factory inspectors, school committee, or commissioners of labor are generally charged with the enforcement of the act (Me. ib., $ 7; Mich. ib., § 16; Cal. ib., § 5; N. J. ib., $ 3; Pa. ib., § 14), and have in some States the powers of truant officers (Ohio) and fines inure to the school fund of the district (Ohio, Me.) or one-half to complainant and one-half to the county (N. H.); in other States it is left to the police.
The presence of such child in the factory is made prima facie evidence of his employment therein (Ill. 1897, p. 90, $ 5).
Table of labor-hour laws in all occupations for men, women, or minors in all States and Territories, November 1, 1899.
[Oreg., Nev., Mont., Ky., N.C., Ala., Miss., N.M.,and Ariz. have no legislation whatever on the subject.]
day in the in State or
coal mines and
Boys under 12.
12 or 16 who can not read,
12 in any; all
or 16, etc.
coal mines and
N. Dak. S. Dak
14. All women and
children under 14.3
All women in
coal mines and
Minn ...... 10 hrs.
10 hrs. a day, 60 per Under 21, 10 hrs., 14.
week; under 16, 60 per week; 1 10 hrs. a day.1
under 16, 10 hrs. a day. 1
Same laws as in
1 If such labor is compulsory only. 2 Except upon permit of the judge, etc. 3 Provided by the constitution of such State.
4 Lawannulled as unconstitutional. 6 In certain kinds of factories.