Arts. 11, 12 Bureau of Mercantile Inspection. §§ 173, 180, 181 or injured by force or otherwise while in the performance of his duties. All persons connected with any 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. In cities of the first class the commissioner of labor shall enforce the provisions of this article, and for that purpose he and his subordinates shall possess all powers herein conferred upon town, village, or city boards and departments of health and their commissioners, inspectors, and other officers, except that the board or department of health of said cities of the first class shall continue to issue employment certificates as provided in section one hundred and sixty-three of this chapter. Formerly L. 1897, ch. 415, § 172, as am'd. by L. 1903, ch. 255, § 1, and L. 1908, ch. 520, § 8. § 173. Copy of article to be posted. A copy of this article shall be posted in a conspicuous place on every floor in each establishment wherein three or more persons are employed who are affected by its provisions. Formerly L. 1897, ch. 415, § 173, as am'd by L. 1903, ch. 255, § 1, and L. 1908, ch. 520, $ 9. ARTICLE 12 Bureau of Mercantile Inspection Section 180. Mercantile inspectors. 181. Deputies. 182. General powers and duties. 183. Reports. 184. Laws to be posted. § 180. Mercantile inspector. There shall be a bureau of mercantile inspection, which shall be under the immediate charge of a mercantile inspector, but subject to the direction and supervision of the commissioner of labor. The mercantile inspector shall be appointed and be at pleasure removed by the commissioner of labor, and shall receive such annual salary not to exceed two thousand dollars as may be appropriated therefor. Formerly L. 1897, ch. 415, § 180, as added by L. 1908, ch. 520, § 10. § 181. Deputies. The commissioner of labor may appoint from time to time not more than ten deputy mercantile inspectors, not less than two of whom shall be women, and who may be removed by him at any time. The deputy mercantile inspectors may be divided into three grades, but not more than two shall §§ 182, 183 Bureau of Mercantile Inspection. Art. 12 be of the third grade. Each deputy inspector of the first grade shall receive an annual salary of one thousand dollars, each of the second grade an annual salary of one thousand two hundred dollars, and each of the third grade an annual salary of one thousand five hundred dollars. Formerly L. 1897, ch. 415, § 181, as added by L. 1908, ch. 520, § 10. § 182. General powers and duties. 1. The commissioner of labor may divide the cities of the first class of the state into districts, assign one or more deputy mercantile inspectors to each district, and may in his discretion transfer them from one district to another; he may assign any of them to inspect any special class or classes of mercantile or other establishments specified in article eleven of this chapter, situated in cities of the first class, or to enforce in cities of the first class any special provisions of such article. 2. The commissioner of labor may authorize any deputy commissioner or assistant and any special agent or inspector in the department of labor to act as a deputy mercantile inspector with the full power and authority thereof. 3. The commissioner of labor, the mercantile inspector and his assistant or assistants and every deputy or acting deputy mercantile inspector may in the discharge of his duties enter any place, building or room in cities of the first class where any labor is performed which is affected by the provisions of article eleven of this chapter, and may enter any mercantile or other establishment specified in said article, situated in cities of the first class, whenever he may have reasonable cause to believe that any such labor is performed therein. 4. The commissioner of labor shall visit and inspect or cause to be visited and inspected the mercantile and other establishments specified in article eleven of this chapter situated in cities of the first class, as often as practicable, and shall cause the provisions of said article to be enforced therein. 5. Any lawful municipal ordinance, by-law or regulation relating to mercantile and other establishments specified in article eleven of this chapter, in addition to the provisions of this chapter and not in conflict therewith, may be enforced by the commissioner of labor in cities of the first class. Formerly L. 1897, ch. 415, § 182, as added by L. 1908, ch. 520, § 10. § 183. Reports. The commissioner of labor shall make an annual report to the legislature of the operation of this bureau. Formerly L. 1897, ch. 415, § 183, as added by L. 1908, ch. 520, § 10. Arts. 12, 13 Convict-Made Goods; Duties of Commissioner of Labor. §§ 184, 190 § 184. Laws to be posted. A copy or abstract of the applicable provisions of this chapter, to be prepared and furnished by the commissioner of labor, shall be kept posted by the employer in a conspicuous place on each floor of every mercantile or other establishment specified in article eleven of this chapter, situated in a city of the first class, wherein three or more persons are employed who are affected by such provisions. Formerly L. 1897, ch. 415, § 184, as added by L. 1908, ch. 520, § 10. ARTICLE 13 and Convict-Made Goods missioner of Labor Relative Thereto Section 190. License for sale of convict-made goods. 191. Revocation of license. 192. Annual statement of licensee. 193. Labeling and marking convict-made goods. 195. Article not to apply to goods manufactured for use § 190. License for sale of convict-made goods. No person or corporation shall sell, or expose for sale, any convictmade goods, wares or merchandise, either by sample or otherwise, without a license therefor. Such license may be obtained upon application in writing to the comptroller, setting forth the resi dence or post-office address of the applicant, the class of goods desired to be dealt in, the town, village or city, with the street number, if any, at which the business of such applicant is to be located. Such application shall be accompanied with a bond, executed by two or more responsible citizens, or some legally incorporated surety company authorized to do business in this state, to be approved by the comptroller, in the sum of five thousand dollars, and conditioned that such applicant will comply with all the provisions of law relative to the sale of convict-made goods, wares and merchandise. Such license shall be for a term of one year unless sooner revoked. Such person or corporation shall pay, annually, on or before the fifteenth day of January, the sum of five hundred dollars as a license fee, into the treasury of the state, which amount shall be credited to the maintenance account of the state prisons. §§ 191-193 Convict-Made Goods; Duties of Commissioner of Labor. Art. 13. Such license shall be kept conspicuously posted in the place of business of such licensee. Formerly L. 1897, ch. 415, § 50. § 191. Revocation of license. The comptroller may revoke the license of any such person or corporation, upon satisfactory evidence of, or upon conviction for the violation of any statute regulating the sale of convict-made goods, wares or merchandise; such revocation shall not be made until after due notice to the licensee so complained of. For the purpose of this section, the comptroller or any person duly appointed by him, may administer oaths and subpoena witnesses and take and hear testimony. Formerly L. 1897, ch. 415, § 51. Each person § 192. Annual statement of licensee. or corporation so licensed shall, annually, on or before the fifteenth day of January, transmit to the secretary of state a verified statement setting forth: 1. The name of the person or corporation licensed. 2. The names of the persons, agents, wardens or keepers of any prison, jail, penitentiary, reformatory or establishment using convict labor, with whom he has done business, and the name and address of the person or corporation to whom he has sold goods, wares and merchandise, and 3. In general terms, the amount paid to each of such agents, wardens or keepers, for goods, wares or merchandise and the character thereof. Formerly L. 1897, ch. 415, § 52. § 193. Labeling and marking convict-made goods. All goods, wares and merchandise made by convict labor in a penitentiary, prison, reformatory or other establishment in which convict labor is employed, shall be branded, labeled or marked as herein provided. The brand, label or mark, used for such purpose, shall contain at the head or top thereof, the words "convict-made," followed by the year when, and the name of the penitentiary, prison, reformatory or other establishment in which the article branded, labeled or marked was made. Such brands, labels and marks shall be printed in plain English lettering, of the style and size known as great primer Roman condensed capitals. A brand or mark shall be used in all cases where the nature of the article will permit and only where such branding or marking is impossible shall a label be used. Such label shall be in the form of a paper tag and shall be attached by wire to each article, where the nature of the article will per Arts. 13, 14 Employer's Liability. §§ 194, 195 mit, and shall be placed securely upon the box, crate or other covering in which such goods, wares or merchandise are packed, shipped or exposed for sale. Such brand, mark or label shall be placed upon the most conspicuous part of the finished article and its box, crate or covering. No convict-made goods, wares or merchandise shall be sold or exposed for sale without such brand, mark or label. Formerly L. 1897, ch. 415, § 53. § 194. Duties of commissioner of labor relative to violations; fines upon convictions. The commissioner of labor shall enforce the provisions of this article. If he has reason to believe that any of such provisions are being violated, he shall advise the district attorney of the county wherein such alleged violation has occurred of such fact, giving the information in support of his conclusion. The district attorney shall, at once, institute the proper proceedings to compel compliance with this article and secure conviction for such violations. Upon the conviction of a person or corporation for a violation of this article, one-half of the fine recovered shall be paid and certified by the district attorney to the commissioner of labor, who shall use such money in investigating and securing information in regard to violations of this chapter, and in paying the expenses of such conviction. Formerly L. 1897, ch. 415, § 54. § 195. Article not to apply to goods manufactured for use of state or a municipal corporation. Nothing in this article shall apply to or affect the manufacture in state prisons, reformatories and penitentiaries, and furnishing of articles for the use of the offices, departments and institutions of the state or any political division thereof, as provided by section one hundred fifty-eight, one hundred seventy to one hundred seventyfive, both inclusive, one hundred seventy-seven, one hundred seventy-eight, one hundred eighty-one, one hundred eighty-three, one hundred eighty-five, one hundred eighty-six, one hundred eighty-nine, and one hundred ninety-one of the prison law. Formerly L. 1897, ch. 415, § 55. ARTICLE 14 Employer's Liability Section 200. Employer's liability for injuries. 201. Notice to be served. : |