disaster is insufficient, or that the belting, shafting, gearing, elevators, drums, saws, cogs, or machinery in such workshop or factory are located or are in such a condition as to be dangerous to employees and not sufficiently guarded, or that vats, pans, or any other structures filled with molten metal or hot liquids, are not surrounded with sufficient safeguards to prevent accident or injury to those employed at or near them, said commissioner shall give written notice to the owner, proprietor, or other person in charge of such workshop or factory, to make, within thirty days, such alterations or additions for the safety and protection of employees as said commissioner deems necessary. If such alterations or additions are not made within thirty days from the date of such written notice or not within such time as such alterations or additions can be made with proper diligence upon the part of said owner, proprietor, or other person in charge of such workshop or factory, such person so notified shall be imprisoned not more than thirty days or fined not more than two hundred dollars nor less than twenty-five dollars, or both. A person who refuses to permit said commissioner to enter a factory, mill, workshop, or private works or State institution for the purpose of making the inspection in the manner herein provided for shall be imprisoned not more than ninety days or fined not more than one hundred dollars, or both.

SEC. 5848. Furnishing information.-Employers of labor subject to the provisions of this chapter shall furnish said commissioner, upon request, information as to the number and kind of persons employed, the time and method of payment of wages, the source of the water supply used, the sewerage, and other sanitary equipment and the inspection of boilers and elevators in a factory or workshop. An employer in whose factory or workshop an accident occurs, shall forthwith report the same to said commissioner upon blanks to be furnished by him.

SEC. 5849. Relief in chancery.-A person, corporation, or association aggrieved by the requirements of a notice given under the second preceding section, may apply to the court of chancery within and for the county wherein the business of such person, corporation, or association is located for an injunction to restrain the enforcement of such requirements; and, upon such notice as said court shall order given to all parties interested, hearing shall be had and decree rendered affirming, amending, or annulling the requirements of such notice, which decree said court shall enforce by appropriate proceedings.

SEC. 5850. Municipal officers.-State, county, town, and school officers shall furnish said commissioner, upon request, such information contemplated by this chapter as shall be in their possession as such officers.

Payment of wages

SEC. 5851. Employce.-The word employee as used in the four following sections, shall mean a mechanic, workingman or laborer who works for hire. SEC. 5852. Weekly payment.-A mining, quarrying, manufacturing, mercan tile, telegraph, telephone, railroad, or other transportation corporation, and an incorporated express, water, electric light or power company, doing and transacting business within the State, shall pay each week, in lawful money, each employee engaged in the business, the wages earned by such employee to a day not more than six days prior to the date of such payment: Provided, That, if at any time of payment an employee is absent from his regular place of labor, he shall be entitled to such payment upon demand.

SEC. 5853. Payment in scrip, etc.-Such a corporation shall not pay its employees in scrip, vouchers, due-bills, or store orders, unless it is a cooperative corporation in which the employee is a stockholder; but such cooperative corporation shall, upon request of any such share-holding employee, pay him as provided in the preceding section.

SEC. 5854. Assignment of future wages.-An assignment of future wages payable under the provisions of the second preceding section shall not be valid, if made to the corporation from whom such wages are to become due, or to anyone in behalf of such corporation, or if made or procured to be made to anyone for the purpose of relieving such corporation from the obligation to pay under the provisions of the second preceding section. Such a corporation shall not require an agreement from an employee to accept wages at any other period as a condition of employment.

Sec. 5855. Penalty: procedure.-Such a corporation, its lessee, or other person carrying on the business thereof, that fails to pay the wages of an employee as provided by the second and third preceding sections shall forfeit

to the State fifty dollars for each such failure, to be recovered in an action of tort, on this statute, by the state's attorney of the county in which such violation occurs, and in his name; but an action shall not be maintained therefor, until the state's attorney has given the employer ten days' notice in writing that such action will be brought if the wages are not paid as provided by such sections.

SEC. 5856. Redemption of checks, etc.-A person, partnership or corporation using checks, other than bank checks, slips, duebills, or other device to represent money in the payment of wages or other debt or obligation due an employee or servant of such person, partnership, or corporation, shall pay the face value thereof to the holder in money of account, on the regular pay day of such person, partnership, or corporation; and such obligations shall be redeemable at intervals of not more than one month. If such employee or servant is discharged during the month, such checks, slips, duebills, or other device shall be redeemed at their face value in money of account on the day of his discharge.

SEC. 5857. Forfeiture.-A person, partnership, or corporation refusing to redeein such obligations, as provided in the preceding section, shall forfeit to the person injured twice the value thereof, to be recovered in an action of tort, on this statute.

Conciliation and arbitration of labor disputes

[The State board of conciliation and arbitration provided for by sec. 5858, General Laws, is abolished, its duties being performed by the public service commission through the commissioner of industries. (See pp. 1067, 1068.) The following provisions of law remain unrepealed:}

SECTION 5861. Summoning of witnesses; fees. For the purposes of this chapter, said board may summon as witnesses any operative and any person who keeps the record of the wages earned in the department of the business in which a controversy exists or is threatened and may examine such persons upon oath and may require the production of books containing the record of wages paid. Each member of said board shall have authority to issue summonses and to administer oaths. Witnesses so summoned shall be allowed the same fees as are allowed witnesses in county court.

SEC. 5862. Procedure.—If it appears to the mayor of a city or to the selectmen of a town that a strike or lockout is seriously threatened or actually occurs, notice shall be given to said board at once, and a like notice may be given by the employer or the employees concerned in such strike or lockout. Said board, having knowledge that such a strike or lockout is so threatened or has occurred, shall forthwith, if the employer, at the time of such threatened strike or lockout, is employing, or upon the occurrence of a strike or lockout was employing, not less than ten persons in the same general line of business in any town in the State, communicate with such employer and employees and endeavor by mediation to obtain an amicable settlement or endeavor to persuade them, in case a strike or lockout has not actually occurred or is not then continuing, to submit the controversy to said board. Said board shall investigate the cause of such a controversy and ascertain which party thereto is mainly responsible or blameworthy for the existence or continuance of the same, and may make and publish a report finding such cause and assigning such responsibility or blame. Said board shall, upon the request of the governor, investigate and report upon a controversy if in his opinion it seriously affects or threatens seriously to affect the public welfare. Said board shall, for carrying out the purposes of this section, have the same powers as are given it by the five following sections.

SEC. 5863. Investigations; decision.-If a controversy exists between an employer, whether an individual, a partnership, or corporation, employing not less than ten persons in the same general line of business, and his employees, and such controversy does not involve questions which might be the subject of an action at law or in equity, said board shall, upon application as hereinafter provided, and as soon as practicable, visit the place where the controversy exists, make careful inquiry into its cause, and may, with the consent of the governor, conduct such inquiry beyond the limits of the State. Said board shali hear all persons interested who come before it, advise the respective parties as to what ought to be done or submitted to by either or both to adjust such controversy, and make a written decision thereof. Such decision

shall be made public at once, shall be open to public inspection, and shall be recorded by the secretary of said board. A short statement thereof may, in the discretion of said board, be published in its annual report, and said board shall cause a copy thereof to be filed with the clerk of the town in which such business is carried on. Such a decision shall be binding upon the parties who join in such application for a period of six months or until the expiration of sixty days after either party has given notice in writing to the other and to the board of his intention not to be bound thereby. Such a notice by an employer may be given to his employees by posting the same in three conspicuous places in the factory or workshop where such employees work.

SEC. 5864. Application.--Such application shall be signed by the employer or by a majority of his employees in the department of the business in which such controversy exists or by a duly authorized agent of such employees or by both parties; and if signed by such an agent, said board shall satisfy itself that such agent is duly authorized to act as such. The names of the employees giving such authority shall be kept secret. Such application shall contain a concise statement of the existing controversy and a promise to continue in business or at work without resort to a lockout or strike until said board has made its decision, if made within three weeks after the date of filing such application.

SEC. 5865. Notice. The secretary of said board shall forthwith, upon the filing of such an application, cause public notice to be given of the time and place for hearing on such application, unless both parties join in such application and present therewith a written request that public notice shall not be given. If such request is made, notice of hearing shall be given to the parties in such manner as said board directs but said board may give public notice thereof notwithstanding such request. If the petitioner fails to perform the promise required to be made in its application, said board shall proceed no further thereon without the written consent of the adverse party.

SEC. 5866. Expert assistants.-In controversies between an employer and his employees in which application is made under the provisions of the second preceding section, each party may, in writing, submit the names of persons fit to act as expert assistants to said board. Said board may appoint for such purposes one person from each of the lists so submitted. Such experts shall be skilled in and conversant with the business or trade concerning which the controversy exists. They shall be sworn by a member of said board to the faithful performance of their official duties, and a record of their oath shall be made in the case. They shall, if required, attend sessions of said board, and shall, under the direction of said board, obtain and report information concerning the wages paid and the methods and grade of work prevailing in establishments within the State similar to those in which the controversy exists, and they may submit to said board at any time before a final decision is made facts, advice, arguments, or suggestions which they may consider applicable to the case. A decision of said board shall not be announced in a case in which such experts have acted without notice to such experts of a time and place for a final conference on the matters included in the proposed decision.

SEC. 5867. Additional experts.-Said board may appoint such additional experts as it deems necessary, and the provisions of the preceding section shall Apply to such experts. The compensation of experts appointed under this and the preceding sections shall be fixed by said board, and the auditor of accounts shall draw orders in payment of the expenses incurred under the provis`ons of this chapter upon the approval of said board. An amount sufficient to pay such orders is hereby annually appropriated.

Factory, etc., regulations—Heating and ventilation—Fire escapes SECTION 6260. Powers of board of health.-Said board of health shall have authority to prescribe regulations for the heating and ventilation of all mills, factories, stone sheds, sheds, or other buildings in which five or more persons are employed. Notice of promulgation of an order or regulation made by said board under the provisions of this section shall be communicated in writing to the owner, manager, or person in charge of the mill, factory, stone shed, shed, or other building concerning the ventilation and heating of which the order or regulation is made, and a copy of such order shall be kept on file by the secretary of said board. The court of chancery shall have jurisdiction

and power, upon application thereto by said board or a party interested, to enforce such orders and regulations of said board, and to restrain the use and occupation of the premises until the orders and regulations of said board are complied with.

SEC. 6328. Fire escapes.-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 safe fire escapes for the safety of patrons and cecupants of such buildings.

SECS. 6329 (as amended 1923, No. 121), 6330. Violations.-[Violations of sec. 6328 are punishable by a fine, $25 to $400. Writs of mandamus, injunction, etc., may also be procured. All courts and justices have jurisdiction.]

SEC. 6331. Factory inspection. In so far as the provisions of chapter two hundred and forty-three confer authority on the commissioner of industries in respect to the ventilation, sanitary arrangement, and equipment for egress in case of fire or other disaster in factories and workshops, the provisions of this title shall not apply to such ventilation, sanitary arrangement and equipment for egress.

Smoking in factories, etc.

SECTION 6975. Smoking an offense, when.-A person who smokes a pipe, cigar, or cigarette in a mill, factory, barn, stable, or other outbuilding belonging to or occupied by another person in which a notice containing this section prohibiting such smoking, signed by the owner, agent, or occupant of the same is posted conspicuously near the main entrance thereof, shall be fined not more than five dollars.

Intimidation of employees

SECTION 6995. Preventing employment.-A person who threatens violence or injury to another person with intent to prevent his employment in a mill, manufactory, shop, quarry, mine, railroad, or other occupation shall be imprisoned not more than three months or fined not more than one hundred dollars.

SEC. 6996. Stopping work.-A person who, by threats, intimidation, or by force, alone or in combination with others, affrights, drives away, or prevents another person from accepting, undertaking, or prosecuting such employment, with intent to prevent the prosecution of work in such mill, shop, manufactory, mne, quarry, railroad, or other occupation, shall be imprisoned in the State prison not more than five years or fined not more than five hundred dollars.

A count charged conspiracy to hinder and prevent by violence, threats, and intimidation the employment and detention by a company of certain employees; also conspiracy to terrify and drive away workmen by threats, with malicious intent to injure said company; also threats to publish the names of employees in the "scab list of a trade journal, thus putting them in fear and driving them away. Held, that these counts sufficiently charged an offense under the above sections. 59 Vt. 273.

Seats for female employees

SECTION 7044. Seats required. The proprietor, manager, or person having charge of a mercantile establishment, store, shop, hotel, inn, restaurant, or other place where women or girls are employed as clerks, or help therein, shall provide chairs, stools, or other contrivances for the comfortable use of such female employees, for the preservation of their health and for rest when not actively employed in the discharge of their respective duties. A person who violates a provision of this section shall be fined not more than one hundred dollars nor less than ten dollars.

Wages as preferred claims--In insolvency

[This law, though not reproduced in the General Laws, is said still to be in force. See G. L., p. 497. The provision here noted is found in sec. 2513, Pub. Stats. 1906.] Rank.-[Wages, not in excess of $50, for work done within the 6 months prior to the adjudication, rank next after costs, and debts and taxes due the United States and the State.]

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shall not enact any local, special, or private law, in the following cases:

12. Regulating labor, trade, mining or manufacturing, or the rate of interest on money.

Bureau of labor and statistics

SECTION 86. Assembly may establish bureau.-The general assembly shall have power to establish and maintain a bureau of labor and statistics, under such regulations as may be prescribed by law.

Liability of railroad companies for injuries to employees

SECTION 162. Liability declared.-The doctrine of fellow-servant, so far as it affects the liability of the master for injuries to his servant resulting from the acts or omissions of any other servant or servants of the common master, is, to the extent hereinafter stated, abolished as to every employee of a railroad company engaged in the physical construction, repair, or maintenance of its roadway, track, or any of the structures connected therewith, or in any work in or upon a car or engine standing upon a track, or in the physical operation of a train, car, engine, or switch, or in any service requiring his presence upon a train, car, or engine; and every such employee shall have the same right to recover for every injury suffered by him from the acts or omissions of any other employee or employees of the common master that a servant would have (at the time when this constitution goes into effect), if such acts or omissions were those of the master himself in the performance of a nonassignable duty: Provided, That the injury so suffered by such railroad employee result from the negligence of an officer or agent of the company of a higher grade of service than himself, or from that of a person employed by the company having the right or charged with the duty to control or direct the general services or the immediate work of the party injured, or the general services or the immediate work of the coemployee through or by whose act or omission he is injured: or that it result from the negligence of a coemployee engaged in another department of labor, or engaged upon or in charge of any car upon which, or upon the train of which it is a part, the injured employee is not at the time of receiving the injury, or who is in charge of any switch, signal point, or locomotive engine, or is charged with dispatching trains or transmitting telegraphic or telephonic orders therefor; and whether such negligence be in the performance of an assignable or nonassignable duty. The physical construction, repair, or maintenance of the roadway, track, or any of the structures connected therewith, and the physical construction, repair, maintenance, cleaning, or operation of trains, cars, or engines shall be regarded as different departments of labor within the meaning of this section. Knowledge by any such railroad employee injured of the defective or unsafe character or condition of any machinery. ways, appliances, or structures shall be no defense to an action for injury caused thereby. When death, whether instantaneous or not, results to such an employee from any injury for which he could have recovered under the above provisions had death not occurred, then his legal or personal representative, surviving consort, and relatives (and any trustee, curator, committee, or guardian of such consort or relatives) shall, respectively, have the same rights and remedies with respect thereto as if his death had been caused by the negligence of a coemployee while in the performance, as vice principal, of a nonassignable duty of the master. Every contract or agreement, express or implied, made by an employee to waive the benefit of this section shall be null and void. This section shall not be construed to deprive any employee