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LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE
JANUARY 1, 1904.
(The Tenth Special Report of this Bureau contains all laws of the various States and Territories and of the United States relating to labor in force January 1, 1904. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.]
CHAPTER 948. -Collection of statistics.
It shall be the duty of the United States Commissioner of Labor to collect, assort, arrange, and present in reports, in nineteen hundred and five, and every five years thereaiter, statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects as Congress may by law direct. The said Commissioner is especially charged to ascertain the highest, lowest, and average number of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress.
Approved, April 8, 1904.
ACTS OF 1904.
Act No. 49.--Peddlers' license-Exemption of mechanics.
Section 1. Section 12 of act No. 103 of the General Assembly of the State of Louisiana, approved July 10th, 1900, * [shall] be amended and reenacted so as to read as follows:
The provisions of this section governing peddlers shall not be construed to apply
to persons selling their own work or productions. Approved June 28, A. D. 1904.
Act No. 81.- Protection of employees on street railvays-- Inclosed platforms. SECTION 1. It shall be unlawful for any corporation, person, or receiver operating a line of electric street railways in the State of Louisiana, to require or permit the operation upon its lines of any electric car, during the period beginning November 15th, and ending March 15th, of each year, unless the forward end of such car is provided with a screen or vestibule, which shall fully protect the motorman or other person operating the motive power, by which such car is propelled, and such passengers as may be compelled to stand on the platform, from wind and storm.
SEC. 2. Any corporation, person or receiver, operating a line of street railways in the State of Louisiana, who shall in any manner violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court of competent jurisdiction, shall be fined not more than three hundred dollars, or imprisonment not more than six months, or both, at the discretion of the court having jurisdiction, “Provided, that each day upon which said act shall be violated shall constitute a separate offense and shall be punishable as such.”
Sec. 3. This act shall take effect from and after January 15th, 1905.
Act No. 165.—Exemption of wages from garnishment. SECTION 1. Wages earned out of this state and payable out of this state shall be exempt from attachment of garnishment in all cases where the cause of action arose out of this state, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with the process. Approved July 5, A. D. 1904.
Act No. 182.–Combinations to fix wages. SECTION 1. It shall be unlawful for any corporation, not domiciled in the State of Louisiana, to enter into any combination or agreement with another corporation to prevent its legally authorized representatives in Louisiana from accepting a higher compensation than the corporations, parties to the aforesaid agreement, pay.
Sec. 2. Any violation of this act shall be punished by revocation of the license of any and all corporations parties to the unlawful agreement herein before mentioned for the year for which said license, or licenses, shall have been granted and for 12 months succeeding the year for which said license, or licenses, shall have been revoked. Approved July 7, A. D. 1904.
Act No. 195.-- Time for meals for employees in mercantile establishments. SECTION 1. It shall be unlawful for any proprietor or proprietors, firm or corporation doing business in this State, in cities of more than fifty thousand inhabitants, engaged in the retail business, or conducting retail department stores or retail establishments, not to allow their clerks at least one hour of the day, between the hours of 10:00 a. m. and 3:00 p. m. for their midday meal, lunch or recreation.
SEC. 2. Any proprietor or proprietors, firm or corporation found guilty of, or evading, the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars, ($100), and in default of payment thereof be imprisoned not less than fifteen days (15) nor more than six months (6). Approved July 7, A. D. 1904.
ACTS OF 1904.
CHAPTER 37.-Payment of wages--Semimonthly pay day-Garrett County. SECTION 1. All corporations hereafter engaged in mining coal or fire clay in Garrett County are hereby required to pay each and all of their employees their wages earned in said employment semimonthly, that is to say, all wages earned on and before the 15th of each month shall be paid not later than upon the 25th day of said month; and all wages earned from the 16th to the end of each month, shall be paid not later than the 10th day of the succeeding month, unless said 25th day or 10th day of any month shall fall on Sunday or a legal holiday, in which case the time for payment shall be extended to the next day.
Sec. 2. Any such corporation, refusing to make said payment of wages at the time hereinbefore specified, or willfully withholding said wages from said employees beyond said times, shall be deemed guilty of a misdemeanor, and upon indictment and conviction thereof, shall be fined not less than fifty dollars nor more than three hundred dollars, in the discretion of the court. Approved March 9, 1904.
CHAPTER 93.- Payment of wages-Semimonthly pay day. Section 1. From and after a period of one month subsequent to the first day of April, in the year 1904, every association or corporation doing business in the State of Maryland employing wage workers, whether skilled or ordinary laborers, engaged
in manual or clerical work, in the business of mining, manufacturing, operating a steam or electric railroad, street railway, telegraph, telephone or express company, shall make payments in lawful money of the United States semimonthly to saiá employees, laborers and wageworkers, or to their authorized agents, at their respective places of employment, at intervals of not more than sixteen days and not more [less?] than fourteen days.
SEC. 2. In case of any said corporations or associations mentioned in section 1 of this act, and doing business as aforesaid, or any of their officers, shall refuse to make payment at the times set forth in section 1 of this act to their wageworkers, laborers or other employees the wages due them, or any of them, said association, corporation or officer so refusing shall be guilty of a misdemeanor, and be liable to indictment therefor, and, upon conviction, shall be fined a sum not exceeding two hundred dollars for each offense. Approved March 17, 1904.
Chapter 226.—Examination and licensing of barbers. Section 1. Within thirty days after the passage of this act the governor shall appoint a board of barber examiners for the State of Maryland. The board shall consist of three members, two of whom shall be journeymen barbers and one of whom shall be a master barber, and each of whom shall serve for a term of two years from the date when his appointment shall take effect, except in the case of an appointment to fill a vacancy. No person shall be eligible to appointment as a member of said board unless he has been continuously for five years last past engaged in the occupation of a barber within this State.
SEC. 2. Said board so appointed and its successors shall be known by the name “Board of Barber Examiners of the State of Maryland.” Every person so appointed to serve on said board shall receive a certificate of his appointment from the governor of the State of Maryland, and within ten days after receiving such certificate shall take, subscribe and file in the office of the secretary of state the constitutional oath of office.
SEC. 3. Each member of such board shall receive as compensation the sum of five dollars for each day necessarily and actually engaged in the performance of his duty as a member of said board, and three cents for each mile necessary and actually traveled by him in attending the meetings of said board, which sum or sums shall be paid out of any moneys in the hands of the treasurer of said board.
SEC. 4. The first meeting of said board shall be held within thirty days after their appointment as aforesaid at a time and place to be fixed by a majority thereof, who shall give suitable notice thereof to all the members of said board. At such meeting the board may adopt a common seal, and shall elect from its members a president, a secretary and treasurer. The treasurer shall receive all fees paid for licenses or certificates, and shall keep a record thereof and of all disbursements of said board in a book to be kept for that purpose. The treasurer shall not pay out or disburse any of the moneys received by him except upon the order of the board. Before entering upon the performance of his duties, the treasurer shall file with the State comptroller a bond, with sufficient sureties, to the people of the State of Maryland, in the penal sum of five thousand dollars, to be approved by the State comptroller, conditioned that he will well and truly pay over all moneys received by him, according to law and in compliance with the provisions of this act, and that he will otherwise faithfully discharge the duties of his office.
Sec. 5. The board of examiners shall have power to appoint subboards of examiners in such cities and villages of this state as they in their judgment shall deem necessary, said subboards shall each consist of one master barber and one journeyman barber, and shall possess the same qualifications, receive the same compensation, and have the same power as the said board of examiners of the State of Maryland, while conducting the examinations hereinafter provided for; said subboards shall be subject at all times to the jurisdiction and control of the “Board of Barber Examiners of the State of Maryland,” and shall serve during the pleasure of said State board. The subboards shall report the result of their examinations without delay to the State board of examiners, and the latter shall issue certificates of qualification to the persons who have qualified in said examinations.
SEC. 6. No person shall hereafter practice the occupation of a barber in this State unless such person shall have first received a certificate of qualification from the board of examiners provided for in section 1 of this act for the purpose of examining applicants for certificates of qualification as barbers. The said board of examiners shall appoint the time and places for holding examinations. Such appointment
shall be made with due regard to the convenience of the applicants and the public service. Said board of examiners shall prescribe the mode and manner of conducting such examinations, said State board to conduct examinations, or said board may designate a subboard to conduct such examinations. Said board of examiners is authorized to incur all expense necessary to carry out, in a prompt and efficient manner, the provisions of this act, and to pay the same out of any money in the hands of the treasurer of said board; except, however, said board of examiners shall not incur any expense or obligation for which the State of Maryland shall be liable.
Sec. 7. Each person filing his application for examination shall pay to the treasurer of the said board of examiners the sum of five dollars, which sum shall be returned in case said applicant shall fail to pass said examination. Such payment shall constitute a part of the fund to pay the compensation and expenses of said board. The board shall keep a list of the names and places of business of all persons to whom certificates of qualifications are granted under the provisions of this act in a book provided for that purpose, with the names arranged in alphabetical order, and said book shall at all times be open to public inspection.
Sec. 8. Every person now engaged in the business of a barber in this State shall, within three months after the passage of this act, file an affidavit with the secretary of said board setting forth his name, place of business, post-office address, the length of time he has been engaged in the business of a barber, and pay to the treasurer the sum of one dollar for the certificate provided for in this act.
Sec. 9. Said board shall furnish to each person to whom a certificate of registration is issued, a card or insignia bearing the seal of the board and the signatures of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of a barber in this state; and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in the shop where he is working, where it may be readily seen by all persons whom he may serve.
Sec. 10. Said board of examiners shall have power to revoke any certificate of reg. istration granted [by) it under this act for (a) conviction of felony, (b) habitual drunk. enness of six months immediately preceding a charge duly made, (c) gross incompetence, or (a) the use of unclean towels, cups, or any other unclean utensils used by barbers which are liable to spread contagious or infectious diseases: Provided, That before any certificate shall be so revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall, at a day and place specified in said notice, at least ten days after the service thereof, be given a public hearing and full opportunity to produce testimony in his behalf or to confront the witnesses against him. Any person whose certificate has been so revoked may, after the expiration of three months, apply to have the same regranted, and the same shall be regranted to him upon a satisfactory showing that the disqualification has ceased.
Sec. 11. The board shall cause to be made and filed with the State comptroller, on or before the first day of December of each year, a report showing the receipts and disbursements of.said board and the balance in the hands of the treasurer of said board, together with a statement of the amount of such balance necessary to be held in the hands of the said treasurer to meet the expenses of the ensuing year. The comptroller shall thereupon make and file in his office an estimate of the amount of such balance necessary to be held by said board for the purpose herein before stated, which sum may be retained by said board for said purposes, and the balance of said surplus paid by the treasurer of said board into the State treasury.
SEC. 12. Upon the report of a member of the State board of examiners, duly appointed as herein provided, or a member of a subboard of examiners in a city or village of the State, that a barber shop is in an unsanitary condition, said State board of examiners shall be empowered to call upon the State or local board of health to declare such shop a public nuisance, and should the proprietor of said shop fail to abolish said nuisance within a period of thirty days after a notice to do so by either the State or local board of health, the board of examiners provided for in this act shall be empowered to call upon the aforesaid board to abolish the aforesaid public nuisance.
Sec. 13. To shave, to trim the beard, or cut the hair of any person for hire or reward, received by the person performing such service, or any other person, shall be construed as practicing the occupation of a barber within the meaning of this act. This act shall not in any way apply to or affect any person who is now occupied or working as a barber in this State, nor any person employed in a barber shop, or an apprentice, except that a person so employed less than three years prior to the passage of this act, shall be considered an apprentice, and at the expiration of such three years of such employment shall be subject to the provisions of this act.
Sec. 14. Any person violating any of the provisions of this act shall be deemed
guilty of misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars or imprisonment in the county jail for a period of not less than thirty days or by both such fine and imprisonment.
Approved, April 1, 1904.
CHAPTER 287.-Seats for female employees.
SECTION 1. Article 27, section 147A, of the Code of Public General Laws, is hereby repealed and reenacted with amendments to [so] as to read as follows:
147A. All proprietors or owners of any retail, jobbing or wholesale dry goods 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 engaged in making sales or taking stock or in performing such other duties as they may have been engaged to perform, they shall have an opportunity to rest, and they shall not be forbidden to avail themselves of such opportunity. Any such owner 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 offense; 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 nis said employees. It shall be the duty of the board or department of health or health commissioner or commissioners of the cities and towns in the State to cause this section to be enforced, and whenever any of its provisions are violated, to ause all violators thereof to be prosecuted, and for that purpose the health conmissioner 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 designated by such board of health or health commissioner or commissioners are authorized and empowered to visit and inspect at all reasonable 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 commissioner 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.
Approved, April 7, 1904.
CHAPTER 671.- Arbitration of labor disputes.
Section 1. Upon information furnished by an employer of labor, whether person, firm or corporation, or by a committee of employees, or from any other reliable source, that a controversy or dispute has arisen between employer and employees, involving ten or more persons, which controversy may result in a strike or lock-out, the chief of the Bureau of Industrial Statistics of Maryland, or such person officially connected with said Bureau of Industrial Statistics as may be deputized in writing by the said chief of said Bureau of Industrial Statistics, shall at once visit the place of controversy or dispute and seek to mediate between the parties, if in his discretion it is necessary so to do.
Sec. 2. If mediation can not be effected as provided for in section 1 of this article, the chief of the Bureau of Industrial Statistics, or such person officially connected with said Bureau as may be by him deputized in writing, may, at his discretion, endeavor to secure the consent of the parties to the controversy or dispute to the formation of a board of arbitration, which board shall be composed of one employer and one employee engaged in the same or similar occupation to the one in which the dispute exists, but who are not parties to the controversy or dispute, and to be selected by the respective parties to the controversy; the third arbitrator may be selected by the two first-named arbitrators, and said third arbitrator so selected shall be president of the board of arbitration; and upon the failure of the two first-named arbitrators, as aforesaid, to agree upon the third arbitrator, then the chief of said Bureau of Industrial Statistics shall act as third arbitrator, or he may deputize, in writing, some person officially connected with said Bureau to so act, and the said chief, or the person who may be so deputized by him, shall act as president of said board.
Sec. 3. The president of the said board, provided in section 2 of this article, shall have power to summon witnesses, enforce their attendance and administer oaths and hear and determine the matter in dispute, and within three days after the investiga