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SEC. 2. The governor shall, with the advice and consent of the senate, Commissioner. appoint a competent person, who is identified with the labor interests of the State, to be State commissioner of labor, who shall hold his office * for a term of four years and until his successor is appointed and qualified. SEC. 3. The commissioner of labor * * * shall receive an annual Salary, etc. salary of $1,200 for his services. The commissioner of labor is hereby authorized to employ such assistance and incur such expenses as may be necessary to carry into effect the purposes of this act; but such assistance and expenses shall not exceed $1,200.

SEC. 4. It shall be the duty of the commissioner of labor to collect, Duties. compile and present to the governor, in annual report, statistical details relating to all departments of labor and the industrial interests of the State, especially in relation to the financial, social, educational and sanitary condition of the laboring classes, and all statistical information that may tend to increase the prosperity of the productive industries of the State. He shall, once at least in each year, visit and inspect the principal factories and workshops of the State; and shall, upon complaint and request of any three or more reputable citizens, visit and inspect any place where labor is employed and make true report of the result of his inspection.

Powers.

Answers to in

SEC. 5. The commissioner of labor shall have power, in the discharge of his duties, to enter and inspect any public institution of the State and any factory, workshop or other place where labor is employed. He may furnish a written or printed list of interrogatories, asking information essential to a proper discharge of his duties, to any person, company or corporation employing labor, and require full and complete answers thereto. And if any person, or the officers of any company or corporation shall neglect or refuse to answer, within quiries. a reasonable time, any proper question propounded to him by the commissioner of labor; or if any person or the officers of any company or corporation to whom a list of interrogatories has been furnished, shall neglect or refuse to fully and truthfully answer and return the same, such person or such officer of such company or corporation shall be deemed guilty of a misdemeanor. The commissioner of labor shall report to the prosecuting attorney of the proper county all such violations of this act; whereupon said prosecuting attorney shall proceed against the persons guilty thereof, as in other cases of misdemeanor; and any person or any officer or any company or corporation, convicted in such proceedings shall be fined not less than ten dollars nor more than fifty dollars, or shall be confined in the county jail not less than ten nor more than ninety days, or shall be both fined and imprisoned within the above limits.

CHAPTER 19.-Factories and workshops-Inspection, etc.

Guards for machinery.

SECTION 1. In all manufacturing, mechanical and other establishments, in this State, where the machinery, belting, shafting, gearing, drums and elevators, are so arranged and placed as to be dangerous to persons employed therein, while engaged in their ordinary duties, shall be safely and securely guarded when possible, and if not possible, the notices of the danger shall be conspicuously posted in such establishments, and no minor or female of any age shall be permitted to clean Cleaning movany of the mill gearing or machinery in such establishments while the ing machinery. same is in motion.

SEC. 2. The opening of all hatchways, elevators and wellholes, upon Hatchways. each floor of every manufacturing, mechanical, mercantile or public building in this State, shall be protected by good and sufficient trapdoors, self-closing hatches, or strong guard rails at least three feet high. All due vigilance shall be used to keep such trapdoors closed at all times, except when in actual use.

Wash rooms,

SEC. 3. In every factory, workshop or establishment, in this State, where females are employed, where unclean work of any kind has to etc. be performed, suitable places shall be provided for such females to wash and to change clothing, and stairs in use by females shall, in all such establishments, be properly screened, and separate water-closets shall be provided for the use of employees of either sex, in all manufacturing,

mechanical, mercantile and other establishments in this State where persons of both sexes are employed.

Seats for fe- SEC. 4. In every manufacturing, mechanical, mercantile and other male employees. establishments, in this State, wherein females are employed, there shall be provided, and conveniently located, seats sufficient to comfortably seat such females; and during such times as such females are not necessarily required by their duties to be upon their feet, they shall be allowed to occupy the seats provided.

Sanitation.

Penalty.

Enforcement.

Fire escapes to be erected.

Duty of owner.

Enforcement.

Violation.

SEC. 5. And all establishments, to which this act applies, must be kept in a clean condition; the sanitary and hygienic regulations shall be such as will not endanger or be injurious to the lives or health of the employees employed therein.

SEC. 6. Any person or persons, firm or corporation of any manufacturing, mechanical, mercantile or other establishments, business or calling, in this State, to which this act applies, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction, in any court of competent jurisdiction in this State, shall be fined not less than twenty dollars nor more than one hundred dollars, and in default of payment of such fine shall be imprisoned until such fine and costs are fully paid.

SEC. 7. It shall be the duty of the commissioner of labor or his assistant to enforce the provisions of this act, and to prosecute all violations of the same before any magistrate or court of competent jurisdiction in this State.

CHAPTER 76.-Fire escapes on factories.

SECTION 1. Every building or structure in this State of three or more stories in height, used as a factory or workshop, and in which ten or more persons are employed above the first story, or any hotel three or more stories in height, or any other building of more than three stories in height occupied or used as a tenement house, shall be provided with one or more suitable and substantial metallic fire escapes or ladders, reaching from the top of the first story to the cornice, and placed on the outside of the building. At each story above the first there shall be one or more metallic balconies substantially attached to the building and to the fire escape. Such fire escapes and balconies shall be in number, size, capacity, design and location as shall be necessary to furnish reasonable means of escape to all persons employed in the building in case of fire.

SEC. 2. It shall be the duty of the owner of every such building to equip the same as hereinbefore provided, within six months after the passage of this act. And thereafter no building as is described in the first section shall be used as a factory or workshop in which ten or more persons are employed above the first story, or a hotel three or more stories in height, until the same is so equipped. The word "owner" as used in this section shall include the person in whom is vested the legal title to the building.

SEC. 3. It shall be the duty of the mayor, the sergeant or chief of police, and the fire marshal of every city, town or village, annually to inspect every such building therein as described in the first section. They shall make inspection of any such building at any other time that they deem proper, and shall promptly make inspection of any such building whenever complaint thereof may be made to them in writing by any person. They shall serve written notice upon the owner, or his agent, of every such building not so provided with adequate fire escapes to provide the same within thirty days thereafter. It shall be the duty of the owner of such building to comply with such notice and to provide such adequate fire escapes within thirty days

thereafter.

SEC. 4. Any such owner violating any of the provisions of this act shall be subject to a fine of not less than one hundred dollars ($100), nor more than two hundred dollars ($200), which may be recovered before any justice or court having jurisdiction. Each week of failure to comply with the notice mentioned in section three shall be deemed a separate and distinct offense. And in addition, if any such owner shall fail for the space of sixty days after the receipt of such notice to

provide adequate fire escapes, the building may be declared a nuisance in the manner prescribed in section twenty-eight of chapter forty-seven of the code of West Virginia. If any officer shall fail to perform any duty required of him by this act, or shall violate any of its provisions, he shall be fined not less than twenty-five dollars ($25), nor more than fifty dollars ($50), to be recovered before any justice or court having jurisdiction.

WISCONSIN.

ANNOTATED STATUTES OF 1898 AND SUPPLEMENT OF 1906.

CHAPTER 46a.-Bureau of labor and industrial statistics.

SECTION 1021b. The bureau of labor and industrial statistics, here- Bureau contintofore established, is continued. A room or rooms in the capitol shall ued.

be set apart for the use thereof, and such printing shall be done for

and such supplies furnished the same as may be necessary for the per

formance of the duties devolved upon the officers thereof.

SEC. 1021c. A commissioner of said bureau shall be appointed by Commissioner. the governor, with the advice and consent of the senate, for the term

of four years from the first Monday of February in the year of his appointment. Vacancies shall be filled for the unexpired term.

SEC. 1021d. The commissioner may appoint a deputy, who, when Assistants. acting for or instead of the commissioner, shall have equal authority with him. He may also appoint a clerk, a clerk and typewriter operator, a factory inspector, an assistant factory inspector and a clerk and janitor. The factory inspector shall be a resident of Milwaukee, and he and the assistant inspector shall perform their duties under the direction of the commissioner.

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The commissioner of labor and industrial statistics shall have power Appointment. to appoint ten suitable persons as assistant factory inspectors who shall perform their duties under his direction and who may be removed by him for cause.

The factory inspector or assistant factory inspector having inspected Certificates of any factory or mercantile establishment under his jurisdiction shall, at inspection. the time such inspection is made, issue a certificate or statement as to how the factory laws were complied with at the time of his inspection. Each of the said assistant factory inspectors shall be paid a salary at Salary. the rate of one thousand dollars per annum together with necessary traveling expenses to be paid out of money in the general fund not otherwise appropriated.

The commissioner of labor and industrial statistics shall have power Female inspecto appoint one assistant factory inspector in addition to those now tor. authorized by law who shall be a woman and who shall perform her duties under his direction and who may be removed by him for

cause.

Said additional assistant factory inspector shall be paid a salary Salary. at the rate of one thousand dollars per annum, together with necessary traveling expenses to be paid out of money in the general fund not otherwise appropriated.

SEC. 1021e. Said commissioner shall collect, collate and publish statistical and other information relating to the manufacturing interests, industrial classes and material resources of the State; he shall especially examine into the relations between labor and capital, the means of escape from, and the protection of life and health in, factories and workshops, the employment of children, the number of hours of labor exacted from them and from women, the educational, sanitary, moral and financial condition of laborers and artisans, the cost of food, fuel, clothing and building material, the causes of strikes and lockouts, and other kindred subjects pertaining to the welfare of the industrial interests and classes.

are

Duties.

tories etc.

SEC. 1021f. The commissioner, his deputy, the factory inspector Access to facand the assistant factory inspector may enter any factory, mercantile establishment or workshop in which laborers or women employed, for the purpose of obtaining facts and statistics, examining the means of escape therefrom in case of fire and the provisions made for the health and safety of operatives or for suitable seats for

Notice.

Powers of inspectors.

guards, etc.

women therein. If any such officer shall learn of any violation of or neglect to comply with the law in respect to the employment of children, the hours of labor for them or for women, or in reference to fire escapes or the safety of employees, or such seats for women, he shall give written notice to the owner or occupant of such factory, mercantile establishment or workshop, of such offense or neglect, and if the same is not remedied within thirty days after the service of such notice, such officer shall give the district attorney of the county in which such factory, mercantile establishment or workshop is situated, formal notice of the facts, whereupon that officer shall immediately institute the proper proceedings against the person guilty of such offense or neglect.

SEC. 1021h (as amended by chapter 112, Acts of 1907). Any officer of the bureau may post in any factory or workshop examined by him the laws relating to the employment of children therein, hours of labor, fire-escapes or other matters pertaining to the health and safety of artisans; any person who shall remove or mutilate such laws so posted shall be fined fifty dollars for each offense. Any such officer may order bull wheels, fly wheels, tumbling rods, elevator wells, stairways, shafting or dangerous machinery of any kind to be inclosed or otherwise guarded so as to protect workmen or others; and any person refusing to obey the written order of such officer to such effect shall Removing be fined fifty dollars for each such refusal. Any person who shall remove any guard or other safety device from bull wheels, fly wheels, tumbling rods, elevator wells, stairways, shafting or dangerous machinery, while such bull wheels, fly wheels, tumbling rods, elevators, stairways, shafting or dangerous machinery is in motion or use, and shall neglect or fail to replace such safety device before permitting such bull wheels, fly wheels, tumbling rods, elevators, stairways, shafting or dangerous machinery to be put in motion or use shall be fined not less than five dollars nor more than fifty dollars or by impris onment in the county jail not to exceed thirty days, or both, for each such offense. It shall be the duty of such officers to examine freight and passenger elevators and to condemn those found to be defective and unsafe by serving written notice on the person for whom it is being operated or on his agent, or by posting such notice on the walls or cab of any elevator found to be in an unsafe condition; the owner of any elevator so condemned, or the person for whom it is being operated, shall, by continuing the use thereof without making such repairs as will place it in a safe condition, be liable, civilly and criminally, for any physical injury caused by such use, whether such injury results in the death of the person injured or not. It is also the duty of such officers, when in their judgment it may be necessary, to see that in every manufacturing establishment, the machinery in which is propelled by steam or other power, communication, by means of speaking tubes or electric bells, shall be provided between each room in which machinery so operated is placed and the room in which engineer is stationed. Any person occupying as owner, lessee or manager any manufacturing establishment where machinery so operated, is used, or controlling the use of any building or room in which machinery propelled by steam is used, who shall fail to provide such means of communication shall be fined not less than ten dollars nor more than fifty dollars but no prosecution shall be commenced for such violation until thirty days after written notice has been given by one of the officers designated in this chapter to such person of the changes necessary to be made to comply with the provisions hereof, nor then, if, in the meantime, changes have been made in accordance with such notice.

Duty of district attorney.

SEC. 10211. Whenever any officer of the bureau of labor and industrial statistics shall give written notice to any district attorney that any hotel, factory, public building or any other structure in his county is being used without fire escapes, watchmen or other means of safety prescribed by law, including means of communication between the rooms of manufacturing establishments as prescribed in section 1021h, such district attorney shall at once institute the proper proceeding against the offender, and without the aid or presence of any such officer do all that may be necessary to secure a determination of the

guilt or innocence of the person complained of; and in case such district attorney shall refuse or neglect so to do any officer of such bureau may file charges against him and demand his removal from office.

CHAPTER 73a.- Factories and workshops-Inspection, etc.

The

Guards for ma

SECTION 1636j. No person or corporation shall employ and put to Overcrowding. work in any factory, workshop or other place where labor is performed, or in any part of any such place, a larger number of persons than can be kept at work there without doing violence to the laws of health. The local board of health shall have power to determine any question arising under this provision, and its written determination shall be conclusive upon all parties to any action or proceeding under the same. owner or manager of every place where persons are employed to per- chinery, etc. form labor shall surround every stationary vat, pan or other vessel into which molten metal or hot liquids are poured or kept with proper safeguards for the protection of his employees, and all belting, shafting, gearing, hoists, fly wheels, elevators and drums therein which are so located as to be dangerous to employees in the discharge of their duty shall be securely guarded or fenced. Any person or corporation which shall neglect for thirty days after the receipt of written notice from the State factory inspector to provide a suitable place for the persons employed by him to work in or who shall fail to make and maintain such safeguards as this section requires and as said inspector shall specify, shall forfeit not to exceed twenty-five dollars for each offense, and every day's neglect or failure, after a conviction hereunder, shall constitute a separate offense.

Failure to guard machinery dangerous to an employee engaged in his ordinary duties is a violation of this act and is negligence per se. 73 N. W. Rep. 563.

The statute does not require every place to be guarded that might possibly cause injury, but only such places as are dangerous to employees engaged in the discharge of their duties. 86 N. W. Rep. 153.

A plaintiff guilty of contributory negligence can not recover, even if defendant has failed to cover his gears. 89 Wis. 523.

Whether machinery is so located as to be dangerous to employees is a question for the ju y. 95 Wis. 482.

SEC. 1636jj. In any action brought by an employee or his legal repre- Actions for insentative to recover for personal injuries, if it appear that the injury juries. was caused by the negligent omission of his employer to guard or protect his machinery or appliances, or the premises or place where said employee was employed, in the manner required in the foregoing section, the fact that such employee continued in said employment with knowledge of such omission shall not operate as a defense.

Fire escapes on factories, etc.

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SECTION 1636-4. * * * every building now or hereafter used, in Required on whole or in part, as a * * place of public resort more than two what buildings. stories high and containing above the ground floor * * * workrooms * * *. all or any of which rooms are designed for occupancy by twentyfive or more persons, shall be provided with one or more fireproof stairways or ladders on the outside thereof, placed in such position and as many in number as may be designated by the chief of the fire department or fire marshal of the village or city in which the building is located, or by the State factory inspector. If more than one stairway or ladder is required, each side of such building now or hereafter used, in whole or in part as a * * place of public resort shall be provided herewith [therewith]. Such stairways or Construction. ladders shall connect the cornice with the top of the first story of any such building, by a wrought iron platform, balcony, piazza or other safe and convenient resting place on a level with the floor of each story so connected, and of sufficient length to permit access to the same from not less than two windows of each story; they shall be convenient of access from the interior of the building, commodious in size and form and of sufficient strength to be safe for the purpose of ascent and de

scent.

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In cities and villages where there is a water supply for fire pur- Standpipes. poses, there shall be attached to such stairs or ladders a three-inch