Penalty.

Same subject.

Inspection.

Duty to

re

SEC. 5. Any person, firm or corporation who violates any of the provisions of this act, or who knowingly permits any child to be employed or detained in, or be in or about his, their or its mills, factory or manufacturing establishments, contrary to the provisions of this act, shall be deemed guilty of a misdemeanor and on conviction shall be punished by fine of not less than fifty dollars nor more than one hundred dollars, for each offense.

SEC. 6. Any person, firm or corporation, who violates any provisions of this article, or who employs any child, or knowing permits any child to be employed, or to work in or about, or be detained in or be about any mill, factory or manufacturing establishment contrary to law, or who fails or refuses to obey promptly every lawful order or 'direction given by the inspector under this law, must on conviction be fined not less than fifty dollars nor more than one hundred dollars [dollars], and upon a second conviction, for any violation of this law, must be fined not less than one hundred nor more than five hundred dollars, and if a natural person be sentenced to hard labor for not more than six months, and any person, who knowingly makes any false affidavit, when an affidavit is required hereby is guilty of perjury. SEC. 7. The inspector of jails and almshouses is charged with the duty of inspecting all mills, factories and manufacturing establishments wherein women and children work, and he must inspect every such mill, factory or manufacturing establishment at least four times a year if practicable, without notice of his purpose to do so. He shall thoroughly inspect such manufacturing establishments, and ascertain their sanitary condition, and whether a good supply of fresh drinking water and fresh air and suitable water-closets for the women and girls are provided, separate and apart from those for the use of boys and men and particularly the ages and conditions of the children employed, at work in, or detained herein; and shall carefully examine all allidavits filed in the probate office under this law and in connection therewith, the children named therein and all other matters concerning the operation and condition of the manufacturing establishments in which children work or are detained, or make written orders requiring correction of any defects in or about the mill, or manufacturing establishment, and make written report to the governor of every examination of every manufacturing establishment inspected by him, and note every refusal or failure to comply with or observe the law, in any respect, which reports must be published annually.

SEC. 8. It shall be the duty of the inspector to remove from any move children. mill, factory or manufacturing establishment, any child found working or detained therein contrary to law, and to remove therefrom any child who is afflicted with any infections [sic], contagious or communicable disease. The judgment of the inspector as to the removal of any child shall be final and conclusive.

Enforcement.

Iindering inspector, etc.

SEC. 9. It shall be the duty of the inspector to institute prosecutions against the owners, operators, managers and superintendents of any such mill, factory or manufacturing establishment, for every violation of law that they may discover, and to furnish to the solicitor of the circuit or county the names and addresses of all necessary wit

nesses.

SEC. 10. The inspector shall have free access at any time, to any mill, factory or manufacturing establishment wherein women and children work, or are detained, and any person who refuses to allow the inspector to have free access to a manufacturing establishment and every part thereof, or who hinders or obstructs him in inspection, or makes any false or misleading statement to the inspector about the establishment, its operation or condition, or about any person working or detained therein or who fails to have a plainly printed copy of this law posted up in the office and in every room in which any person works in the mill, factory or manufacturing establishment, must on conviction be fined not less than one hundred nor more than five hundred dollars, and on subsequent conviction be fined not less than five hundred dollars and may be sentenced to hard labor for not more than one year.

Disobeying SEC. 11. Any owner or manager of a mill, factory or manufacturing establishment who disobeys any order of the inspector, removing a

orders.

child from the mill, factory or manufacturing establishment; or who permits any child who has been removed by the inspector to return to work therein, or to be in or about the mill, factory or manufacturing establishment without the written permission of the inspector must on conviction be fined not less than fifty dollars, nor more than one hundred dollars.

SEC. 12. The inspector of jails and almshouses is authorized to employ a competent clerk with the approval of the governor who shall be authorized to perform the same duties as by law the inspector is authorized to perform and shall have and exercise the same powers under the direction of the inspector as the inspector has by law. The annual salary of the clerk of the inspector shall be eighteen hundred dollars, payable monthly out of the State treasury as clerks of the other departments are paid, and appropriation therefor is hereby made for the payment thereof.

Clerk.

SEC. 13. This act shall apply only to manufacturing establishments Application engaged in manufacturing or working in cotton, wool, clothing, tobacco, law. printing and binding, glass or any other kind of work that is injurious to health when carried on in doors.

ARIZONA.

REVISED STATUTES OF 1901.

Employment of children-School attendance.

hours.

PARAGRAPH 2231 (as amended by chapter 67, Acts of 1907). No Employment child under the age of fourteen years shall be employed by any per- during school son, persons, company or corporation during the school hours of any school day of the school term of the public school in the school district where such child resides, unless such child has been excused from attendance on instruction, as provided in this section. Every such employer shall require proof that such child has been excused from such attendance, and shall keep a record of such proof, which shall be open to the inspection of any peace officer or school trustee of the district. Any employer employing any child contrary to the provisions of this section shall be deemed guilty of a misdemeanor, and liable to a fine of not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars, to be placed to the credit of the school fund of the district. Every parent, guardian, or other person in the Territory of Arizona, having control of any child between the ages of eight and fourteen years (or of any child of the age of fourteen Age of attendand under the age of sixteen, who is unable to read and write in the ance. English language), shall be required to send such child to a public school or private school taught by a competent instructor for a period of six schools [sic] months of which twenty school weeks shall be consecutive, in each school year, said child to begin attendance on school within two weeks after the opening of school for the admission of pupils: Provided, That such parent, guardian or other person having control of such child shall be excused from such duty by the board of trustees of the district whenever it shall be shown to its satisfaction that one of the following reasons exist [sic] therefor:

1

1. That such child is taught at home by a competent instructor in the branches taught in the primary and grammar schools of the Territory.

2. That such child has already completed the grammar school course prescribed by the Territorial board of education.

3. That such child is in such physical or mental condition (as declared by a competent physician, if required by the board) to render such attendance inexpedient or impracticable.

4. That circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm, or other sufficient cause, shall work an exemption from the penalties of this act.

ACTS OF 1907.

Proviso.

CHAPTER 13.-Employment of women and minors in saloons. SECTION 1. It shall be unlawful for the owner of any saloon within the Territory of Arizona to permit any woman or minor, either for prohibited.

Employment

Penalty.

Earnings separate property

Employment prohibited.

Age limit: 12 years.

Fourteen

years.

Hours of labor, night work.

hire or otherwise, to sing, to recite, to dance, to play on any musical instrument, to give any theatrical or other exhibition, to drink, serve drinks or any other form of refreshment or viands, or to solicit for the purchase of [or] sale thereof; to engage in, or to take part in, any game of chance or amusement, or to loiter in any saloon or in any room or apartment, except the lobby of a legitimate hotel, opening from or into any saloon within the Territory of Arizona.

SEC. 2. Any person who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and upan conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than three hundred dollars, or by imprisonment in the county jail for not less than thirty days or more than one hundred and eighty days, or by both such fine and imprisonment in the discretion of the court.

ARKANSAS.

DIGEST OF 1904.

Earnings of married women.

SECTION 5214. The property, both real and personal, which any married woman *** has acquired by her trade, business, labor or services carried on or performed on her sole or separate account * * * and the rents, issues and proceeds of all such property shall, notwithstanding her marriage, be and remain her sole and separate property, and may be used, collected and invested by her, in her own name, and shall not be subject to the interference or control of her husband or liable for his debts, except such debts as may have been contracted for the support of herself or her children by her as his agent.

Employment of women and children in mines.

SECTION 5343. No person under the age of fourteen years, or female of any age, shall be permitted to enter any mine to work therein; nor shall any boy under the age of sixteen years, unless he can read and write, be allowed to work in any mine, and no owner, agent or operator of any mine operated by a shaft or slope shall place in charge on any engine whereby men are lowered into or hoisted out of the mines, any but an experienced, competent and sober person, not under eighteen years of age.

ACTS OF 1907.

ACT No. 456.-Employment of children-General provisions. SECTION 1. From and after the passage of this act no child under twelve years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State under any circumstances: Provided, That this act shall not apply to industries engaged in the preservation of fruits or vegetables during the school vacation period.

SEC. 2. On and after September 1, 1907, no child under fourteen years of age shall be so employed, or allowed to labor unless such child be an orphan and has no other means of support, or unless a widowed mother or an aged or disabled father is dependent upon the labor of such child in which event, before putting such child at such labor, such father shall produce and file in the office of such factory or manufacturing establishment, a certificate from the county clerk of the county in which said factory or manufacturing establishment is located, certifying under his seal of office to the facts required to be shown as herein prescribed:

Provided, That no county clerk shall issue any such certificate except upon strict proof in writing and under oath, clearly showing the necessary facts: And provided further, That no such certificate shall be granted for longer than one year, nor accepted by any employer after one year from the date of such certificate.

SEC. 3. On and after September 1, 1907, no child under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State between the hours of seven p. m. and six a. m., nor for more than sixty (60) hours in any one week, nor more than ten (10) hours in any one day.

SEC. 4. On and after September 1, 1907, no child except as hereto- School attendfore provided, under fourteen years of age, shall be employed or ance. allowed to labor in or about any factory or manufacturing establishment within this State, unless he or she can write his or her name and simple sentences and shall have attended school for twelve weeks of the preceding year, six of which school attendance shall be consecutive; and no such child as aforesaid between the ages of fourteen and eighteen years shall be so employed unless such child shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive; and at the end of each year, until such child shall have passed the public school age, an affidavit certifying to such attendance, as is required by this section, shall be furnished to the employer by the parent or guardian or person sustaining parental relations to such child.

The provisions of this section shall apply only to children entering such employment at the age of fourteen or less.

SEC. 5. It shall be unlawful for any owner, superintendent, agent Certificates. or any other person acting for or in behalf of any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent or guardian or person standing in parental relation thereto, certifying to the age and date of birth of such child, and other facts required in this act.

Any person knowingly furnishing a false affidavit as to the age or as. to any other facts required in this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not exceeding one hundred dollars.

SEC. 6. The affidavits and certificates required in this act shall be List to be open. open to inspection by the grand juries or the citizens of any county where such factory or manufacturing establishments are located.

Violations.

SEC. 7. Any person or agent, or representative of any firm or corporation, who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not exceeding one hundred dollars. Any parent, guardian or other person standing in parental relation to a child who shall hire or place for employment or labor in or about any factory or manufacturing establishment within this State a child in violation of any provision of this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not exceeding one hundred dollars. SEC. 8. Each day during which this act is violated, where the viola- Separate of tion is continuous, shall constitute a separate offense.

CALIFORNIA.

CONSTITUTION.

ARTICLE 20.-Sex no disqualification for employment.

fenses.

SECTION 18. No person shall, on account of sex, be disqualified from Sex not a bar. entering upon or pursuing any lawful business, vocation, or profession.

DEERING'S CODES AND STATUTES-1885.

VOL. II.-CIVIL CODE.

Earnings of minors.

SECTION 212. The wages of a minor employed in service may be wages paid paid to him until the parent or guardian entitled thereto gives the minor, when. employer notice that he claims such wages.

VOL. IV. PENAL CODE.

Certain employments of children forbidden.

SECTION 272 (as amended by chapter 158, Acts of 1901, and chap- Mendicant, acter 568, Acts of 1905). Any person, whether as parent, relative, guard- robatic, etc., ocian, employer, or otherwise, having the care, custody, or control of cupations. any child under the age of sixteen years, who exhibits, uses, or employs, or in any manner, or under an pretense, sells, apprentices, gives away, lets out, or disposes of any such child to any person, under any

Hiring, etc.

Sending as messengers.

Same subject.

Seats to be provided.

Penalty.

Enforcement.

Hours of labor.

name, title, or pretense, for or in any business, exhibition, or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever, or for or in any obscene, indecent or immoral purposes, exhibition, or practice whatsoever, or for or in any mendicant or wandering business whatsoever, or who causes, procures, or encourages such child to engage therein is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Nothing in this section contained applies to or affects the employment or use of any such child, as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music; or the employment of any child as a musician at any concert or other musical entertainment, on the written consent of the mayor of the city or president of the board of trustees of the city or town where such concert or entertainment takes place.

This section is constitutional. 86 Pac. Rep. 809.

SEC. 273 (added by chapter 158, Acts of 1901, and chapter 568. Acts of 1905). Every person who takes, receives, hires, employs, uses, exhibits, or has in custody, any child under the age, and for any of the purposes mentioned in the preceding section, is guilty of a like offense, and punishable by a like punishment as therein provided.

SEC. 273e (added by chapter 158, Acts of 1901, and chapter 568, Arts of 1905). Every telephone, special-delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor.

SEC. 273f (added by chapter 294, Acts of 1907). Any person whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon. gambling house, house of prostitution, or other immoral place, any minor under the age of eighteen years, is guilty of a misdemeanor.

SUPPLEMENT OF 1889.

Seats for female employees.

(Page 554. Act of February 6, 1889.)

SECTION 5 (as amended by chapter 12, Acts of 1903). Every person, firm, or corporation employing females in any manufacturing, mechanical, or mercantile establishment shall provide suitable seats for the use of the females so employed, and shall provide such seats to the number of at least one-third the number of females so employed; and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.

SEC. 6. Any person or corporation violating any of the provisions of this act shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offense.

SEC. 7. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act.

ACTS OF 1905.

CHAPTER 18.-Employment of children.

SECTION 1. No minor under the age of eighteen shall be employed in laboring in any manufacturing, mechanical, or mercantile establishment, or other place of labor, more than nine hours in one day, except