to gain admission by the use of said credential, certificate or letter of introduction as a member of any convention, or meeting of representatives of labor organizations of the state, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than twenty dollars nor more than fifty dollars, and imprisonment for not less than ten days nor more than thirty days in the jail of the county wherein such conviction is had, or by both such fine and imprisonment.

LAWS OF 1901.

CHAPTER 9.

In effect Feb. 7.

AN ACT to create a department of labor and the office of commissioner of labor, and abolishing the offices of commissioner of labor statistics and factory inspector, and the state board of mediation and arbitration.

Department of Labor and Office of Commissioner of Labor Created.

SEC. 1. A department of labor and the office of commissioner of labor are hereby created. Within twenty days after this act takes effect, the governor, by and with the advice and consent of the senate, shall appoint a commissioner of labor, who shall hold his office until January first, nineteen hundred and five. A successor to such commissioner shall be appointed in like manner and shall hold his office for a term of four years, beginning. on the first day of January of the year in which he is appointed. Such commissioner shall be the head of such department and receive an annual salary of three thousand five hundred dollars.

Offices Abolished; Powers of Commissioner of Labor.

SEC. 2. The offices of commissioner of labor statistics and factory inspector, and the state board of mediation and arbitration, shall be abolished upon the appointment and qualification of such commissioner of labor. The

commissioner of labor shall have the powers conferred and perform the duties imposed by law upon the commissioner of labor statistics and the factory inspector. (See pages 74-79 for duties and powers).

Deputy Commissioners.—

SEC. 3. The commissioner of labor shall forthwith upon entering upon the duties of his office appoint and may at pleasure remove, two deputy commissioners of labor to be designated respectively as the first and second deputy commissioners of labor, each of whom shall receive an annual salary of two thousand five hundred dollars. Upon the appointment of such deputies the offices of the assistant factory inspector, deputy commissioner of labor statistics and chief clerk of the commissioner of labor statistics are abolished.

Bureaus of Department.

SEC. 4. The department of labor shall be divided by the commissioner of labor into three bureaus as follows: factory inspection, labor statistics and mediation and arbitration. The bureau of factory inspection shall be under the special charge of the first deputy commissioner of labor, who, under the supervision and direction of the commissioner of labor shall have such of the powers conferred, and perform such of the duties imposed, by law upon the factory inspector, as shall be designated by the commissioner of labor. The bureau of labor statistics shall be under the special charge of the second deputy commissioner of labor, who, subject to the supervision and direction of the commissioner of labor shall have such of the powers conferred and perform such of the duties imposed by law upon the commissioner of labor statistics, as shall be designated by the commissioner of labor. The bureau of mediation and arbitration shall be under the special charge and supervision of the commissioner of labor, who, together with the first and second deputy commissioners of labor shall constitute a board, which shall have the powers conferred, and perform the duties imposed, by law on the state board of mediation and arbitration. The powers hereby conferred upon the

first and second deputy commissioners shall not include the appointment of officers, clerks or other employes in any of the bureaus of the department of labor.

Officers and Employes.

SEC. 5. Except as provided by this act, the deputies, officers and employes in the office of, or appointed by the factory inspector, the commissioner of labor statistics and the state board of mediation and arbitration are continued in office until removed pursuant to law.

Construction.

SEC. 6. Wherever the terms commissioner of labor statistics, or factory inspector, occur in any laws, they shall be deemed to refer to the commissioner of labor, and wherever the term state board of mediation and arbitration occurs in any law, it shall be deemed to refer to the board created by this act.

Pending Actions and Proceedings.

SEC. 7. This act shall not affect pending actions or proceedings, civil or criminal, brought by or against the commissioner of labor statistics or factory inspector. All proceedings and matters pending before the state board of mediation and arbitration when this act takes effect shall be continued and completed before the board hereby created; and where a grievance or dispute has been submitted to the state board of mediation and arbitration, prior to the taking effect of this act, the board hereby created may make such further investigation in relation thereto as it deems necessary.

SEC. 8. All acts and parts of acts inconsistent with this act are hereby repealed.

DUTIES AND POWERS OF COMMISSIONER OF LABOR.

(As given by Sections 31 and 32 of the labor law to be the duties, powers etc. of the commissioner of labor statistics.)

DUTIES AND POWERS OF COMMISSIONER OF LABOR. 75

SEC. 31. The commissioner of labor shall collect, assort, systematize and present in annual reports to the legistature, within ten days after the convening thereof in each year, statistical details in relation to all departments of labor in the state, especially in relation to the commercial, industrial, social and sanitary condition of workingmen and to the productive industries of the state. He may subpoena witnesses, take and hear testimony, take or cause to be taken depositions and administer oaths.

SEC. 32. The owner, operator, manager or lessee of any mine, factory, warehouse, elevator, foundry, machine shop or other manufacturing establishment, or any agent, superintendent, subordinate, or employe thereof, shall, when requested by the commissioner of labor, furnish any information in his possession or under his control which the commissioner is authorized to require, and shall admit him to any place herein named for the purpose of inspection. All statistics furnished to the commissioner of labor, pursuant to this article, may be destroyed by such commissioner after the expiration of two years from the time of the receipt thereof

A person refusing to admit such commissioner, or a person authorized by him, to any such establishment, or to furnish him any information requested, or who refuses to answer or untruthfully answers questions put to him by such commissioner, in a circular or otherwise, shall forfeit to the people of the state the sum of one hundred dollars for each refusal and answer untruthfully given, to be sued for and recovered by the commissioner in his name of office. The amount so recovered shall be paid into the state treasury.

(As given by sections 62-67, to be the duties, powers etc. of the Factory Inspector).

SEC. 62. The commissioner of labor may divide the state into districts, assign one or more deputies to each district, and may, in his discretion, transfer them from one district to another.

The commissioner of labor shall visit and inspect, or

cause to be visited and inspected, the factories, during reasonable hours, as often as practicable, and shall cause the provisions of this chapter to be enforced therein and prosecute all persons violating the same.

Any lawful municipal ordinance, by-law or regulation relating to factories or their inspection, in addition to the provisions of this chapter and not in conflict therewith, shall be observed and enforced by the commissioner of labor.

The commissioner of labor and deputies may administer oaths and take affidavits in matters relating to the enforcement of the provisions of this chapter.

No person shall interfere with, obstruct or hinder, by force or otherwise, the commissioner of labor or deputies while in the performance of their duties, or refuse to properly answer questions asked by such officers pertaining to the provisions of this chapter.

All notices, orders and directions of deputies given in accordance with this chapter are subject to the approval of the commissioner of labor.

SEC. 63. The commissioner of labor shall report annually to the legislature in the month of January. The deputies shall report to the commissioner of labor, from time to time as he may require.

SEC. 67. The commissioner of labor and his deputies shall enforce the provisions of the Domestic Relations Law, relative to indentures of apprentices, and prosecute employers for failure to comply with the provisions of such indentures and of such law in relation thereto.

(As given by sections 142-149.)

SEC. 142. A grievance or dispute between an employer and his employes may be submitted to the Bureau of Arbitration and Mediation for their determination and settlement. Such submission shall be in writing, and contain a statement in detail of the grievance or dispute and the cause thereof, and also an agreement to abide the determination of the bureau, and during the investigation to continue in business or at work, without a lock-out or strike.