offices, freight houses and passenger depots, shall be located, placed and arranged so as to insure, as far as possible, the safety of employees from injury or accident. SEC. 21. Within one month after the occupancy of any factory, workshop or mill, the occupant shall notify the inspector, in writing of such occupancy.

SEC. 22. Any person or persons, firm or corporation, being the owner, agent, lessee or occupant of any manufacturing, mechanical, mercantile or other establishment, business or calling in this State to which this act applies, or any employee therein or thereat, who shall violate, or aid or abet in violating, any of the provisions of this act, 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 nor more than two hundred dollars, and for each subsequent offense, not less than one hundred dollars nor more than five hundred dollars, and, in default of payment of such fine and costs, shall be committed to the common jail of the county or city in which the offense was committed until such fine and costs are fully paid.

SEC. 23. When any of the provisions of this act are violated by a corporation, proceedings may be had against any of the officers or agents of such corporation who in any way participated in such violation by the corporation of which they are the officers or agents, and, upon conviction, such officers or agents shall be subject to the same penalty as in case of individuals so offending.

SEC. 24. All fines collected for violation of this act shall be paid into the common school fund of the county in which the offense was committed.

SEC. 25. It is hereby made the express duty of the prosecuting attorney of each county or city in this State to lend all possible aid in all prosecutions for violation of the provisions of this act.

SEC. 26. This act is not intended to impair the force or effect of any law now in force in this State relating to the protection of labor, except such acts or parts of acts as may be inconsistent with this act, and all such are hereby repealed.

SEC. 27. In case of an offense which is a violation of both this act and of some other law of this State, then the inspector or assistant inspector may elect under which law he will prosecute; but where an offense is in violation of some other law of this State in relation to the protection of employees, but is not covered by this act, then it shall be the duty of the inspector or assistant inspector to prosecute for all such offenses under the law violated.

SEC. 28. All assistant inspectors appointed in accordance with the provisions of this act shall have the same authority as that vested in the state inspector, and, as far as consistent, their duties shall be the same as defined for the state inspector.

Seats for female employees.

(Page 179. Act approved March 26, 1891.)

SEC. 1. Every person or corporation employing females in any manufacturing, mechanical or mercantile establishment in this State shall provide suitable seats for the use of the females so employed, and permit the use of said seats by them when not engaged in the duties for which they are employed.

SEC. 2. A person or corporation violating the provisions of this act shall be punished by a fine of not less than ten dollars nor more than one hundred dollars for each offense.

Employment of women and children.

(Page 179. Act approved April 20, 1891.)

SEC. 1. 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 workshop in a cleanly state and free from effluvia from any drain, privy or other nuisance.

SEC. 2. 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 provide, with reasonable access, a sufficient number of proper water-closets, earthclosets or privies, for the reasonable use of all persons so employed; and wherever male and female persons are employed in the same factory 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.

SEC. 3. 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 ventilated 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, 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.

SEC. 4. If, in a factory or workshop included in section 3 of this act, 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 prevented 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 mechanical means shall be so provided, maintained and used.

SEC. 5. Any person employing labor in a factory or workshop, and violating any provision of this act, 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 prosecution shall be made for such violation until four weeks after notice in writing by an inspector of factories of the changes necessary to be made to comply with the provisions of this act has been sent by mail or delivered 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 act 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.

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SEC. 6. The following expressions used in this act shall 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 factory 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, however, 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 1893.

Protection of employees as voters.

(Page 157. Act approved March 31, 1893.)

SECTION 1. The following persons shall be deemed guilty of bribery at elections and shall be punished accordingly:

Second-Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure, or endeavor to procure, any office, place or employment, public or private, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any election.

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SEC. 2. * * *: 1. Every voter who shall, before or during any election, directly or indirectly, by himself, or by any other person on his behalf, receive, agree or contract for any money, gift, loan or valuable consideration, office, place or employment, public or private, for himself or for any other person, for voting, or agreeing to vote, or for refraining or agreeing to refrain from voting at any election, * shall be guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than one month and not more than one

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year.

Protection of employees as members of labor unions. (a)

(Page 187. Act approved March 6, 1893.)

SEC. 1. No employer, superintendent, foreman or other person exercising superintendence or authority over any mechanic, miner, engineer, fireman, switchman, baggageman, brakeman, conductor, telegraph operator, laborer or other workingman, shall enter into any contract or agreement with any such employee, requiring said employee to withdraw from any trade union, labor union or other lawful organization of which said employee may be a member, or requiring said employee to refrain from joining any trade union, labor union, or other lawful organization, or requiring any such employee to abstain from attending any meeting or assem blage of people called or held for lawful purposes, or shall by any means attempt to compel or coerce any employee into withdrawal from any lawful organization or society.

SEC. 2. Corporations, and the managers, superintendents, overseers, master mechanics, foremen, officers and directors, and others exercising authority for and on behalf of corporations doing business in this State, shall be subject to the provisions of this act, and, upon conviction of the violations of any of its provisions, to the punishment prescribed by it.

SEC. 3. Any person or corporation violating any of the provisions of this act shall, upon conviction, be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

ACTS OF 1895.

Sunday labor—Barbers. (a)

(Page 150. Act approved March 18, 1895.)

SECTION 1. It shall be a misdemeanor for any person to carry on the business of barbering on Sunday.

SEC. 2. Any one found guilty of violating the first section of this act shall be fined not less than twenty-five dollars nor more than fifty dollars, or imprisoned in the county jail not less than fifteen nor more than thirty days, or both, in the discretion of the court.

Certain employments of children forbidden.

(Page 205. Act approved April 11, 1895.)

SEC. 1. It shall be unlawful for any person having the 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 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 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 teacing or learning the science or practice of music.

SEC. 2. It shall also 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 the first section of this act.

SEC. 3. Any person convicted under the provisions of the preceding sections shall for the first offense be fined not exceeding one hundred dollars, or 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 offense, shall be fined in any sum not exceeding five hundred dollars, or imprisoned in the penitentiary for a term not exceeding two years, or both, in the discretion of the court.

a See Decision, page 1303.

Payment of wages.

(Page 206. Act approved April 8, 1895.)

SEC. 1. It shall not be lawful for any person, firm or corporation in this State to issue, pay out or circulate, for payment of the wages of labor, any order, note, check, memorandum, token, evidence of indebtedness, or other obligation, unless the same is negotiable and redeemable at its face value, in lawful money of the United States, by the person, firm or corporation issuing the same.

SEC. 2. All persons, firms or corporations issuing or circulating any such order, note, check, memorandum, token, evidence of indebtedness, or other obligation, shall be at all times during the business hours of the day prepared to redeem, and shall redeem, all such orders, notes, checks, memorandum, tokens, evidence of indebtedness, or other obligation, when presented at their place of business or office, at their face value, in good and lawful money of the United States, or in goods, at the option of the holder.

SEC. 3. Any person, firm or corporation, or the officer or officers of any corporation, who shall violate this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than fifty (50) nor more than five hundred (500) dollars, or by imprisonment in the county jail, or by both such fine and imprisonment.

SEC. 4. All fines, exclusive of the expenses of the court, collected under and by virtue of this act shall be immediately paid into the treasury of the school trustees or board of each county where such fines are collected: Provided, however, That nothing contained herein shall be so construed as to apply to any municipality, township, county, or other subdivision of the State.

Coal mines-Illumination

(Page 225. Act approved April 9, 1895.)

SEC. 1. Only a pure animal or vegetable oil, or other oil as free from smoke as a pure animal or vegetable oil, and not the product or by-product of rosin, and which shall, on inspection, comply with the following test, shall be used for illuminating purposes in the mines of this State. All such oil must be tested at 60 degrees Fahrenheit. The specific gravity of the oil must not exceed 24 degrees Tagliabue. The test of the oil must be made in a glass jar one and five-tenths inches in diameter by seven inches in depth. If the oil to be tested is below 45 degrees Fahrenheit in temperature, it must be heated until it reaches about 80 degrees Fahrenheit; and should the oil be above 45 degrees and below 60 degrees Fahrenheit, it must be raised to a temperature of about 70 degrees Fahrenheit, when, after being well shaken, it should be allowed to cool gradually to a temperature of 60 degrees Fahrenheit before finally being tested. In testing the gravity of the oil, the Tagliabue hydrometer must be, when possible, read from below, and the last line which appears under the surface of the oil shall be regarded as the true.reading. In case the oil under test should be opaque or turbid, one-half of the capillary attraction shall be deemed and taken to be the true reading. When the oil is tested under difficult circumstances, an allowance of one-half degree may be made for possible error in parallax, before condemning the oil for use in the mine. All oil sold to be used for illuminating purposes in the coal mines of this State shall be contained in barrels or packages, branded conspicuously with the name of the dealer, the specific gravity of the oil, and the date of shipment.

SEC. 2. Any person or persons, firm or corporation which ships any oil contained in any barrel or barrels, package or packages, which are not branded as prescribed in section 1, said oil to be used for illuminating purposes in coal or other mines, and any person or persons, firm or corporation which sells any oil other than that proscribed in section 1, to be used for illuminating purposes in coal mines, and any person or persons, firm or corporation having in charge the operation or running of any coal mine, which, in a mine under his or its charge, uses or permits the use of any oil other than that prescribed in section 1, and any miner or mine employee who uses, with a knowledge of its character, in any coal mine in this State, any other oil than that prescribed in section 1, shall be deemed guilty of a misdemeanor, and on conviction shall be fined for each offense not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail not less than three nor more than twelve months, or by both such fine and imprisonment. SEC. 3. It shall be the duty of the state coal mine inspector, in person or by some person designated by him, to inspect oils being used by miners to determine if the

goods is of the standard described in section 1 of this act-said inspection to be made at the pleasure of the coal mine inspector, or a person designated by him. Should he find the grade of oil used below the grade fixed in this act, he shall notify the owner, agent or operator of the mine, and also notify the miners using the oil, that the quality is inferior, and if change is not made as soon as practical, he shall notify the prosecuting attorney of the county in which the mine is located, giving him all the facts, and the prosecuting attorney shall forthwith proceed to enforce the provisions of this act.

Coal mines-Room and pillar.

(Page 227. Act approved March 18, 1895.)

SEC. 1. The owner, agent or operator of any coal mine in this State, employing five or more persons, if said mine is worked on the room and pillar plan, shall cause the work in such mine to be prosecuted in the following manner, and none other, to wit: Two entries must be driven parallel for the ingress and egress of the air, and crosscuts must be made at intervals not to exceed fifty feet apart, and no rooms, entries or other openings shall be allowed to start inside of the last crosscut until the next one be made.

SEC. 2. Any owner, agent or operator in charge of any coal mine worked on the room and pillar plan failing to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail not less than six months nor more than one year, or by both such fine and imprisonment; and every day that the mine is operated contrary to the provisions of this act, after the owner, agent or operator in charge thereof shall have been convicted for a first offense under this act, shall be and constitute a separate and distinct subsequent offense, and shall be punished as such.

SEC. 3. The state coal mine inspector shall, after this act becomes a law, give notice, in writing, to the owner, agent or operator in charge of each coal mine in this State now being worked on the room and pillar plan, to conform the working of such mine to the requirements herein before set out and prescribed; and such owner, agent or operator shall have thirty days in which to comply before being liable to the penalty provided herein.

Contractor's bond-Security for wages of employees on public works.

(Page 240. Act approved February 23, 1895. )

SEC. 1. All counties, cities, towns and school districts making contracts for public work of any kind to be done for such county, city, town or school district, shall require every contractor to execute a bond with good and sufficient securities, and such bond among other conditions shall be conditioned for the payment for all material used in such work, and all labor performed on such work, whether by subcontract or otherwise.

SEC. 2. Every person furnishing material or performing labor for any contractor with any county, city, town or school district, where bond shall be executed as provided in section one, shall have the right to sue on such bond, in the name of such county, city, town or school district, for his use and benefit; and in such suit it shall be sufficient to file a copy of such bond, certified by the clerk or secretary of such county, city, town or school district, which copy shall, unless execution thereof be denied under oath, be sufficient evidence of execution and delivery of the original: Provided, however, That this act shall not be taken to in any way make such county, city, town or school district liable to such subcontractor, material-man or laborer to any greater extent than it is liable under the law as it now stands.

ΜΟΝΤΑΝΑ.

CONSTITUTION.

ARTICLE 3.-Slavery, etc., prohibited.

SECTION 28. There shall never be in this State either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.