the protection of employees, but is not covered by this article, then it shall be the duty of the inspector or assistant inspector to prosecute for all such offenses under the law violated.

ors.

SEC. 6456. All assistant inspectors appointed in accordance with Powers of £sthe provisions of this article shall have the same authority as that sistant inspectvested in the State inspector, and, as far as consistent, their duties shall be the same as defined for the State inspector.

Factories and workshops-Doors to swing outwardly.

which shall hereafter be erected, open outwardly from the

*

*

* * *

Doors to open outwardly.

SECTION 9052. All the doors for ingress and egress to and from all factories with more than twenty employees, * * shall be so hung as to * workshops of such buildings or places: Provided, That said doors may be hung on double-jointed hinges so as to open with equal ease outwardly and inwardly. SEC. 9053. Any architect, superintendent or other person or persons Penalty. or body corporate, who may have charge of the erection, or may have the control or custody of any of the said buildings or places of resort mentioned in the preceding section, who shall refuse or fail to comply with the provisions of said section within six months from the passage of this chapter, in case of said buildings aforesaid which have been heretofore erected, and before the completion or occupation for said purposes of any of said buildings or places now in process of erection, shall, on proof of such refusal or failure before any court of competent jurisdiction, be adjudged to be guilty of a misdemeanor, and be punished by a fine of not less than one hundred nor more than one thousand dollars, which said fine shall be collected as is now provided by law for the collection of fines in such cases, and when collected shall be paid into and become a part of the public school fund of the county, city or incorporated town in which said misdemeanor was committed.

Bureau of labor statistics-Duties of commissioner.

tablished.

SECTION 10073. There is hereby established a separate and distinct Bureau department in this State, to be known as the "Bureau of labor statistics and inspection of factories, mines and workshops."

88

SEC. 10074. The object of this department shall be to collect, assort, Objects of systematize and present in annual report to the governor, to be by bureau. him transmitted biennially to the general assembly, statistical details and information relating to all the departments of labor in the State, especially in its relations to the commercial, industrial, social, educational and sanitary condition of the laboring classes, and to the permanent prosperity of the productive industries of the State, and also to secure the inspection of all factories, warehouses, workshops, foundries, machine shops and other manufacturing establishments, where persons, male and female, are employed throughout the State, and the observance of the regulations herein relating thereto.

SEC. 10075. The governor shall, with the advice and consent of the Commissioner. senate, appoint, immediately after this article goes into effect, and every two years thereafter, commencing on the first Wednesday in February, 1885, some suitable person to perform the duties herein required, who shall be known as "Commissioner of labor statistics and inspection, ," and who shall keep an office at the permanent seat of government.

of commissioner

SEC. 10076. The commissioner shall have power and authority in Powers, the discharge of his duties to enter and to inspect all factories, warehouses, elevators, workshops, tunnels, foundries, machine shops and other manufacturing establishments, and he shall, as far as practicable, inspect or cause to be inspected the same, and shall, annually, on or before the 5th day of November, present a report thereof, in writing, to the governor, which shall contain statistical details relating to all departments of labor in the State, and to the inspection made by him, together with such other information as is contemplated by section

10074.

SEC. 10077. The commissioner shall have power to administer oaths or affirmations, to examine witnesses and to take and preserve evidence;

Witnesses.

Sanitation.

Fire

etc.

and it shall be the duty of all State, county and municipal officers to furnish to said commissioner, upon his request; all statistical information in reference to labor which may be in their possession as such officers.

SEC. 10078. The owner, lessee, operator or manager of any factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment, shall not put at work or place therein for the purpose of labor or service, more persons in any one room than hygienic laws will warrant with safety to the health of such persons; all such rooms or places of employment shall have sufficient ventilation to carry off all foul or impure air, and to reduce the air of such room or place of employment to the standard of fresh air as near as may escapes, be practicable. Such rooms or places shall also have a sufficient number of doors, stairways and fire escapes for the ready egress and escape of the maximum number of employees therein; and it is hereby made the duty of said commissioner to include in his annual report any nonobservance of the requirements and regulations contained in this section which may come to his knowledge, together with the facts in relation thereto, and such suggestions and recommendations as he may deem proper.

Access to factories, etc.

Salary, etc.

Act construed.

Weekly day of rest.

SEC. 10079. Any owner, operator, manager, or lessee of any factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment, or any agent or employee of such owner, operator, manager or lessee, who shall refuse to said commissioner admission therein for the purpose of inspection, or who shall, when requested by him, neglect or refuse to furnish to him any statistical or other information relative to his duties which may be in their possession or under their control, shall, for every such neglect or refusal, be deemed guilty of a misdemeanor, and shall, on conviction, be fined in a sum not less than twenty-five nor more than one hundred dollars.

SEC. 10080. The commissioner of labor statistics and inspection shall receive an annual salary of two thousand dollars, payable monthly, and said commissioner is hereby authorized to employ such assistance and incur such expense, not exceeding two thousand dollars per annum, as may be necessary to carry out the provisions of this article, such expenses to be paid on the vouchers presented by the commissioner: Provided, however, That said expenses shall not exceed, in any one year, the amount appropriated therefor; said commissioner shall, before entering upon the duties of his office, execute a bond to the State of Missouri in the sum of twenty thousand dollars, with two or more good and sufficient sureties, conditioned upon the faithful, honest and impartial performance of his duties under this article, which bond shall be approved by the State auditor and filed in his office. Said commissioner shall include in his annual report to the governor an itemized statement of the expenses of the bureau incurred by him.

SEC. 10081. Nothing herein contained shall be construed to repeal or in any way affect the provisions of an act entitled "An act providing for the health and safety of persons employed in coal mines, and providing for the inspection of same," approved March 23, 1881, and it is hereby made the duty of said commissioner to secure, as far as may be in his power, a proper observance of the provisions of said act on the part of county and other courts throughout the State.

Regulation and inspection of bakeries, etc.

SECTION 10088. No employee shall be required, permitted or suffered to work in a biscuit, bread, pastry or cake bakery or other bakery or confectionery establishment in this State more than six days in one week, said week to commence at a stated time, "post meridian," on Sunday, and to terminate not later than the corresponding time on Saturday of the same week-excepted from this rule may be the time on Sunday for setting the sponges for the night's work following. Night work of No person under the age of sixteen years shall be employed in any bake shop between the hours of nine o'clock at night and five o'clock in the morning.

children.

SEC. 10089. All rooms or buildings occupied as biscuit, bread or Sanitation. cake bakeries shall be drained and plumbed in a manner to conduce to the proper and healthful sanitary condition thereof, and constructed with air shafts, windows or ventilating pipes, sufficient to insure ventilation. The furniture and utensils in such rooms shall be so arranged that the furniture and floor may at all times be kept in a proper and healthful sanitary condition, and no water-closet, earth closet, privy or ash pit shall be within or communicate directly with the bake room.

SEC. 10091. The sleeping apartments for the persons employed Sleeping in bakeries or confectionery establishments shall be separate and apartments. distinct from the room or rooms used for manufacture or storage of flour or meal products or for the storage of flour, meal or other articles used in the manufacture or preparation of such product.

of diseased per

SEC. 10092. No employer shall knowingly require, permit or suf- Employment fer any person to work in his bake shop who is affected with consump-sons. tion of the lungs, or with scrofula or any communicable skin disease, and every person is hereby required to keep himself in a cleanly condition while engaged in the manufacture or handling of such products.

SEC. 10093. Any person who violates any of the provisions of this Penalty. article, or refuses to comply with the requirements thereof, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than ten or [nor] more than one hundred dollars.

SEC. 10094. It shall be the duty of [the] labor commissioner or his Enforcement. deputy to see that the provisions of this act are carried into effect, and it is hereby made the duty of the prosecuting attorneys of each county or city in this State to lend all possible aid in all prosecutions for violations of any of the provisions of this article.

SEC. 10095. A copy of this article shall be kept conspicuously Law to be posted in every bake shop or confectionery establishment in this State.

Factories and workshops-Sweating system.

SECTION 10096. No room or apartment in any tenement or dwelling house shall be used by more than three persons, not immediate' members of the family living therein, for the manufacture of any wearing apparel, purses, feathers, artificial flowers or other goods for male or female wear. Every person, firm or corporation contracting for the manufacture of any of the articles mentioned in this section, or giving out the complete material from which they are to be made, or to be wholly or partially finished, shall keep a register of the names and addresses of all persons to whom such work is given to be made or whom they have contracted to do the same. Such register shall be produced for the inspection, and a copy thereof shall be furnished to the labor commissioner or factory inspector on demand.

SEC. 10097. No person, firm or corporation shall knowingly sell or expose for sale any of the articles mentioned herein when such articles were made in violation of this article; and the labor commissioners his deputy or any officer appointed to enforce the provisions of this article, who shall find any such articles made in violation of the provisions of this article, or who shall find that the articles herein mentioned are made under unclean or unhealthy conditions, shall conspicuously affix thereto a label containing the words "tenement made or "made under unhealthy conditions,' as the case may be, printed in plain letters on a tag not less than two inches in length, and it shall be unlawful to remove such tag, except by the permission of the labor commissioner or the officer under whose direction such label was affixed.

SEC. 10098. Any person, firm or corporation engaged in the manufacture or sale of the articles herein mentioned who shall violate or who shall fail to comply with the provisions of this article, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not less than ten nor more than fifty dollars, or by imprisonment in the county jail for a period of not more than ten days, or by both such fine and imprisonment.

posted.

Manufactures in tenements.

Certain goods to be labeled.

Penalty.

Sanitation.

etc.

Inspection of factorics, etc.

SECTION 10099. 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. Water-closets, SEC. 10100. 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, earth closets or privies, for the reasonable use of all persons so employed; and wherever male and female persons are entployed 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.

Ventilation.

Exhaust fans.

Penalty.

Definitions.

SEC. 10101. 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, and 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. 10102. If, in a factory or workshop included in section 10101 of this article, 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. 10103. Any person employing labor in a factory or workshop, and violating any provision of this article, 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 article 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 article 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.

SEC. 10104. The following expressions used in this article 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 1901.

Factory inspector.

(Page 197, as amended by act, page 326, Acts of 1907.)

tɔ

SECTION 1. * * * the governor of the State, with the advice Inspector and consent of the senate, shall appoint a competent person to serve as be appointed. factory inspector, who shall hold office for four years from the date of his appointment, or until his successor is appointed and qualified. The factory inspector may appoint, from time to time, two assistant Assistants, etc. factory inspectors and seven deputy factory inspectors, two of whom may be women, who may be removed by him at any time for just cause. Before entering upon his official duties, the inspector shall make oath to support the constitution and faithfully demean himself in office; he shall also execute a bond to the State of Missouri, in such sum as the governor may prescribe, with two or more solvent sureties, to be approved by the governor, conditioned upon his faithful performance of the duties imposed upon him by this act.

SEC. 2. The State factory inspector may divide the State into dis- Districts. tricts, assign one or more deputy inspectors to each district, and may, at his discretion, change or transfer them from one district to another. It shall be the duty of the factory inspector, his assistants or deputy inspectors, to make not less than two inspections during each year of all factories, warehouses, freight depots, machine shops, laundries, tenement, workshops, bake shops, hotels, restaurants, bowling alleys, theaters, concert halls or places of public amusement and other manufacturing, mechanical and mercantile establishments and workshops, in all cities having a population of ten thousand inhabitants or more. The last inspection shall be completed on or before the first day of October of each year, and the factory inspector shall enforce all laws relating to the inspection of the establishments enumerated heretofore in this section, and prosecute all persons for violating the same. Any municipal ordinance relating to said establishments or their inspection, shall be enforced by the factory inspector. The factory inspector, his assistants and deputy inspectors, may administer oaths and take affidavits in matters concerning the enforcement of the various inspection laws relating to these establishments.

SEC. 3. The inspector provided for in this act shall be entitled to Fees. demand and receive from the owner, superintendent, manager or other person in charge of every establishment inspected, as provided for by law, the following fee for each inspection made in accordance with the provisions of this act: For the inspection of every building or shop in which three or less persons are employed or found at work, the sum of fifty cents; for the inspection of every building or shop in which more than three or not exceeding twenty-five persons are employed, the sum of one dollar; for the inspection of every building or shop in which more than twenty-five and less than sixty persons are employed, the sum of two dollars, and in every building or shop in which more than sixty persons are employed, an additional fee of one dollar shall be charged and collected for every fifty additional persons employed, or any additional fraction thereof, and the fee herein provided for shall be due immediately upon completion of the inspection. The Duties of owner, superintendent, manager or other person in charge of any owners, etc. establishment at the time of inspection, shall be required to furnish the inspector making the inspection a true statement of the number of persons employed in such establishment at the time of inspection, and any owner, superintendent, manager or other person in charge who shall fail or refuse to furnish such statement, or understate the number of persons employed in such establishment at the time of inspection, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense. Any person, firm or Refusing corporation, agent or manager, superintendent or foreman of any firm admission. or corporation, whether acting for himself or for such firm or corporation, or by himself or through subagents or foreman, superintendent or manager, who shall refuse or attempt to prevent the admission of