building within their jurisdiction in any city or town where there is no inspector of building[s]; and it shall be the duty of said inspectors of buildings and said factory inspectors to notify the lessee and owner or some one of the owners of every building in which an elevator shall be used or operated contrary to the provisions of this and the preceding section, of such violation and require the lessee and owner or some one of the owners of said building, within thirty days after the receipt of such notice, to comply with the provisions of said sections, and it shall be the duty of said lessee and owner or owners to comply with such requirement.

Owner may make altera

tions.

The owner or owners of any building or premises under lease, and their servants and agents, may enter upon such leased building or premises for the public welfare, with the purpose of making said building comply with the provisions of this and the preceding section, and may remain thereon during such time as may reasonably be required for the performance of such work as may be necessary to effect said purpose, interfering with the lessee no more than may be necessary. In all cases in which any person shall suffer injury or in which the Negligence. death of any person shall ensue in consequence of the failure of the lessee or owner or owners of any building to comply with the provisions of this and the preceding section, or in consequence of the failure of said lessee or owner or owners to comply with the written notice and requirement of any inspector of buildings or factory inspector, when made in conformity to the provisions of this and the preceding section, such lessee and owner or owners shall be jointly and severally liable to any person so injured in an action of trespass on the case for damages for such injury; and in case of death such lessee and owner or owners shall be jointly and severally liable in damages for the injury Damages. caused by the death of such person, to be recovered by action of trespass on the case, in the same manner and for the benefit of the same persons as is provided in sections fourteen and fifteen of chapter two hundred and thirty-three; which action, when the lessee and the owner are nonresidents, may be commenced by attachment. It shall be no defense to said action that the person injured, or whose death ensues as aforesaid, had knowledge that any elevator was being operated in said building contrary to the provisions of this and the preceding section, or that such person continued to ride in said elevator with said knowledge.

The lessee or owner or owners of any building, or in case such lessee or owner, or any of them, be non compos mentis or a minor, the guardian of any such lessee or owner, or in case such lessee or owner, or any of them, be a nonresident, the agent of any such lessee or owner having charge of such property, who shall neglect or fail to comply with the provisions of this and the preceding section shall be fined not less than Penalty. five dollars nor more than ten dollars for each day that an elevator shall be used or operated in said building contrary to the provisions of this and the preceding section. In case there shall be several such lessees or owners or agents in charge of any building in which an elevator shall be used or operated contrary to the provisions of this and the preceding section, proceedings may be had against any or all of them jointly, or against any one of them, for the recovery of such fine.

ACTS OF 1904.

CHAPTER 1142.-Inspection of factories-Washrooms, etc., in foundries.

Toilet

SECTION 1. Every foundry in this State employing ten or more men shall provide suitable toilet rooms, containing washbowls or sinks, etc. provided with water, water-closets, and a room wherein the men may change their clothes, said rooms to be within the building used for said foundry, and shall be protected from the weather, heated and ventilated.

SEC. 2. Any person or corporation failing to comply with section 1 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty nor more than one hundred dollars, one-half thereof to the use of the complainant, one-half thereof to the use of the State.

rooms,

Violation.

ACTS OF 1907.

CHAPTER 1429.---Factories and workshops-Supply of drinking water. SECTION 1. All manufacturing establishments in this State shall provide fresh drinking water, of good quality, to which their employees shall have access during working hours.

SEC. 2. Any corporation, association, firm or person owning, in whole or in part, managing, controlling, or superintending any manufacturing establishment in which the provision of this act is violated shall, upon complaint of the board of health of the city or town, or the town council of the town, in which the establishment is located, be liable to a fine of one hundred dollars for each offense.

SOUTH DAKOTA.

REVISED CODES OF 1903.

Exhaust fans, etc., in smelting and reducing works.

SECTION 2583. Any person or persons, corporation or companies operating smelters or dry crushing reduction works are hereby required to put in their respective works exhaust fans and dust chambers or some other contrivance for the removal of all gases, fumes, dust and other impurities that accumulate, at all times in the operation of such works.

SEC. 2584. Any person or persons, corporations or companies that shall fail to provide all reasonable safeguards for the protection of life and health of their employees by not putting in their respective works such appliances as provided in the preceding section shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars nor less than five hundred dollars for each offense.

SEC. 2585. Proof of the failure of any such person or persons, corporation or company to comply with the provisions of section 2584 shall be prima facie evidence of negligence on the part of any person or persons, corporation or company.

SEC. 2586. The State mine inspector is hereby empowered and compelled to visit such works at least once every month to see that the provisions of section 2583 are enforced.

Factories and workshops-Doors to open outwardly-Fire escapes. SECTION 3163. All doors of ingress or egress in all public buildings used for public assemblages of any character in this State, including * * * factories, hotels and all other buildings wherein numbers of persons are employed or are in the habit of meeting together for any purpose, shall be so constructed as to open and swing outward, and doorways shall not be less than four feet in width with proper landings, and stairways of at least equal width.

* * *

SEC. 3164. Any person or persons failing to comply with the provisions of section 3163 or who shall build, maintain, or permit to be used, any such building contrary to the provisions of section 3163, shall be deemed guilty of a misdemeanor.

*

SEC. 3165. All factories, * * which are two or more stories in height, shall be provided by the owners thereof with two or more fire escapes, placed within easy access of the occupants of said building.

TENNESSEE.

ACTS OF 1899.

CHAPTER 401.-Factories and workshops-Inspection, etc.

SECTION 1. The governor, with the consent and advice of the senate, shall appoint an officer to be known as a shop and factory inspector, who shall hold office for a term of two years or until his successor shall be appointed and qualified: Provided, That he may be removed at any time by the governor for cause.

SEC. 2. It shall be the duty of the shop and factory inspector to inspect all workshops and factories where machinery is used at least once every six months, and he shall have authority to enter such workshops or factories at all proper times for the purposes of such inspection. He shall, on or before the first day of January of each year, make a report to the governor of the condition as respects safety to life and health of workshops and factories visited by him, and said report shall be printed for the use of the general assembly at its regular sessions. The expense of printing said report shall be paid out of the general appropriation for printing the reports of State officers.

Duties.

ances, etc.

SEC. 3. All workshops and factories where machinery is used shall Ventilation, be well ventilated and kept as clean as the nature of the business will safety appli permit. The belting, shafting, gearing, machinery, and drums of all workshops and factories where machinery is used, when so placed as in the opinion of the shop and factory inspector to be dangerous to persons employed therein while engaged in their ordinary duties, shall, as far as practicable, be securely guarded.

SEC. 4. The shop and factory inspector may order the opening[s] of all hatchways, elevator wells, and wheel holes upon every floor of any workshop or factory where machinery is used, to be protected by good trapdoors, self-closing hatches, or safety catches or other safeguards such as will insure the safety of the employees in such workshop or factory when engaged in their ordinary duties.

SEC. 5. Every person, firm, or corporation running or operating any workshop or factory where fifteen or more persons are employed at labor shall provide separate water-closets for males and females, and keep the same in good sanitary condition.

Protection of hatchways, etc.

Water-closets.

SEC. 6. It shall be the duty of the shop and factory inspector to Enforcement. enforce the provisions of this act by giving proper notices to the person, firm, or corporation operating or running workshops or factories inspected by him, and also to make complaint to the attorneys-general

of the respective districts of all violations of this act.

SEC. 7. Any person, firm, or corporation operating or running any Penalty. workshop or factory where machinery is used, upon conviction of a violation of this act, shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each offense: Provided, No action shall be taken until after four weeks' notice shall have been given by the shop and factory inspector to any firm, person, or corporation operating or running a workshop or factory of the changes necessary to be made, and not then if in the meantime said changes have been made.

SEC. 8. The orders or notices given by the shop and factory inspector Notices. shall be written or printed, and signed by him officially, and served by himself or by leaving an attested copy thereof at the usual place of business of the person upon whom service is to be made, and a copy of the same shall be filed in the office of the county court clerk of the county in which the workshop or factory is located, and such copy shall be prima facie evidence that notice was given.

SEC. 9 (as amended by chapter 67, Acts of 1901). The salary of said Salary. inspector shall be $1,200 per annum, payable monthly on warrant of comptroller, as other salaries are paid.

ACTS OF 1905.

CHAPTER 159.-Inspection of bakeries.

factories.

SECTION 1. Chapter 401, of the Acts of 1899 [relating to the inspec- Bakeries tion of factories, etc.], is hereby amended to make the word workshop," whenever the same shall appear therein, include bakeries, whether the same be run by machinery or not.

are

Who may inspect.

VERMONT.

STATUTES OF 1894.

Inspection of steam boilers.

SECTION 4700. Upon application of three citizens, the selectmen of a town, or the mayor of a city, or any person duly authorized by them, may, after notice to the parties interested, examine any stationary steam engine or steam boiler therein, and, for that purpose may enter any house, shop, or building, and if upon examination it appears probable that the use of such engine or boiler is unsafe, they shall, upon notice to all parties concerned, and hearing, if they judge such engine Unsafe boiler, or boiler to be unsafe, defective, or unfit to be used, issue an order prohibiting the use thereof until it is rendered safe. If, after notice to the owner or person having charge thereof, such engine or boiler is used contrary to such order, such owner or person shall forfeit ten dollars for each day he uses the same, to the use of such town or city, to be recovered in an action on the case.

Fire escapes required.

Penalty.

Fire escapes to be provided.

Commissioner

of labor.

Fire escapes en factories, etc.

SECTION 4702. The owner or lessee of a building, factory, mill or workshop more than two stories high, in which persons are employed above the second story, shall provide suitable ladders or other sale fire escapes, for the safety of patrons and occupants of such buildings. SEC. 4703. If the owner, keeper, or lessee of any of the places mentioned * neglects to comply with the provisions thereof [in this act], he shall be fined not more than four hundred dollars, and not less than twenty-five dollars.

*

*

VIRGINIA.

CODE OF 1904.

Fire escapes on factories, etc.

SECTION 1067a. It shall be the duty of the owner or owners of all factories, workshops, hotels, school buildings, and hospitals in this State of over three stories in height, theaters and public places of amusement to provide for the safe exit of the occupants thereot in case of fire by the erection or construction of fire escapes of the most approved modern design. The character and design of said fire escapes shall, in cities and towns, be selected by the council of said cities and towns; and where the buildings are not located in cities or towns, by the board of supervisors of the county. Any owner or owners of such buildings shall have the right to require the council of the city or town in which said buildings are located, or in the counties the board designated by this act, to make such selection of said fire escapes as is provided by this act; and in case of their failure or refusal they shall be compellable by mandamus. Any owner or owners of such buildings who shall fail to comply with the first section of this act by the first day of January, eighteen hundred and ninety-one, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars for each month they shall fail to provide such fire escapes.

WASHINGTON.

ACTS OF 1901.

CHAPTER 74.-Bureau of labor-Inspection of factories.

SECTION 1 (as amended by chapter 83, Acts of 1905). A commissioner of labor shall be appointed by the governor, and said commissioner of labor, by and with the consent of the governor, shall have power to appoint and employ such assistants as may be necessary to discharge

the duties of said commissioner of labor; and said commissioner of labor, together with the inspector of coal mines, shall constitute a bureau of labor. On the first Monday in April in 1897, and every four years thereafter, the governor shall appoint a suitable person to act as commissioner of labor, and as factory, mill and railroad inspector, who shall hold office until his successor is appointed and qualified.

SEC. 2. It shall be the duty of such officer and employees of the said bureau to cause to be enforced all laws regulating the employment of children, minors and women, all laws established for the protection of the health, lives and limbs of operators in workshops, factories, mills and mines, on railroads and other places, and all laws enacted for the protection of the working classes, and declaim it a misdemeanor on the part of the employers to require as a condition of employment the surrender of any rights or citizenship, laws regulating and prescribing the qualifications of persons in trades and handicrafts, and similar laws now in force or hereafter to be enacted. It shall also be the duty of officers and employees of the bureau to collect, assort, arrange and present in biennial reports to the legislature, on or before the first Monday in January, statistical details relating to all departments of labor in the State; to the subjects of corporations, strikes or other labor difficulties; to trade unions and other labor organizations and their effect upon labor and capital; and to such other matters relating to the commercial, industrial, social, educational, moral and sanitary conditions of the laboring classes, and the permanent prosperity of the respective industries of the State as the bureau may be able to gather. In its biennial report the bureau shall also give account of all proceedings of its officers and employees which have been taken in accordance with the provisions of this act or of any other acts herein referred to, including a statement of all violations of law which have been observed, and the proceedings under the same, and shall join with such accounts and such remarks, suggestions and recommendations as the commissioner may deem necessary.

Bureau.

Duties.

Duties of own

etc.

SEC. 3. It shall be the duty of every owner, operator or manager of every factory, workshop, mill, mine or other establishment where ers of factories, labor is employed, to make to the bureau, upon blanks furnished by said bureau, such reports and returns as the said bureau may require, for the purpose of compiling such labor statistics as are authorized by this act, and the owner or business manager shall make such reports and returns within the time prescribed therefor by the commissioner of labor, and shall certify to the correctness of the same. In the reports of said bureau no use shall be made of the names of individuals, firms or corporations supplying the information called for by this section, such information being deemed confidential, and not for the purpose of disclosing personal affairs, and any officer, agent or employee of said bureau violating this provision shall be fined in the sum not exceeding five hundred dollars, or being [be] imprisoned for not more than one year.

Powers of com

Witnesses.

SEC. 4. The commissioner of the bureau of labor shall have the power to issue subpoenas, administer oaths and take testimony in all matters missioner. relating to the duties herein required by such bureau, such testimony to be taken in some suitable place in the [vicinity] to which testimony is applicable. Witnesses subpoenaed and testifying before any officer of the said bureau shall be paid the same fees as witnesses before a superior court, such payment to be made from the contingent fund of the bureau. Any person duly subpoenaed under provisions of this section [who] shall willfully neglect or refuse to attend or testify at the time and place named in the subpoena, shall be guilty of a misdemeanor, and, upon conviction thereof, before any court of competent jurisdiction, shall be punished by a fine not less than twenty-five dollars or more than one hundred dollars, or by imprisonment in the county jail not exceeding thirty days.

Access

SEC. 5. The commissioner of labor, the coal mine inspector or any employee of the bureau of labor, shall have power to enter any factory, premises. mill, mine, office, workshop or public or private works at any time for the purpose of gathering facts and statistics such as are contemplated by this act, and to examine into the methods of protection from danger to employees, and the sanitary conditions in and around such buildings

to