renovated or rebuilt, when the same is in a defective or broken condition and within this State. The provisions of this act shall not apply in cases of fires, floods, cyclones, or any such act of Providence. SEC. 8507. Violations.-[Penalties are a fine of not less than $100 nor more than $500.] State labor officials—Salaries SECTION 8696. Labor commissioner.—The labor commissioner shall receive a salary of two thousand dollars per annum payable monthly. SEC. 8697. Deputy.-He shall appoint a deputy at a salary of one hundred dollars per month. SEC. 8701. Mine inspector.-The inspector of mines shall receive a salary of two thousand dollars per annum. SEC. 8721. Steam boiler inspector.-The inspector of steam boilers shall receive an annual salary of $2,000. Employment of children-School attendance SECTIONS 9042-9044. Attendance required.—[Children under 15 years of age must attend school at least three-fourths of the term unless, among other reasons, their services are needed to support a widowed mother.] ACTS OF 1923-SPECIAL SESSION ACT No. 4.-Employment offices SECTIONS 1, 2. License; fee.-[Proprietors of private employment offices and persons soliciting labor to go outside the State must obtain a license from the commissioner of labor. A fee of $200 is charged, and bond in the sum of $1,000 required. The commissioner or any district attorney may bring action on the bond, and the commissioner may, after hearing, revoke the license for cause. Employers hiring for themselves alone, and agencies charging no fee are not required to obtain a license.] SEC. 3. Registers; offenses.-[Registers must be kept in approved form, showing name, address, age, sex, nativity, and trade or occupation of applicants, such register to be open to official inspection. No agency may accept a fee from an applicant or send him to a place of employment without a bona fide order. Blanks, letter heads, receipts, etc., must bear the name and address of the agency. Publishing false or misleading statements, making false promises, sending labor to a place where labor trouble exists without giving information of the same and entering the fact on the receipt, splitting fees, sending females to places of immoral resort, and making false entries are forbidden. Registration fees may not exceed $2, for which receipt must be given, and the full amount must be returned on demand if no employment is procured within one month. Where applicants are sent outside the city and fail to secure employment through no fault of their own, both the fee and the expenses incurred must be refunded. If an applicant is discharged from employment before 7 days, the fee, or such portion as the commissioner of labor deems adequate, must be returned.] SEC. 4. Free employment offices.-The commissioner of labor shall maintain, in connection with the bureau of labor and statistics, a free employment bureau, to be known as the "State Free Employment Service," for the purpose of receiving and filing applications of persons seeking employment and of persons or firms seeking to employ labor. The commissioner is also authorized to establish and maintain branch offices in sections of the State, where the convenience of the greatest number of people may be served. There shall be no fee or compensation charged or received, directly or indirectly, from persons applying for employment or from those desiring to employ labor through said bureau. The managers of the State free employment offices shall cave and recorded the names of all persons applying for employme address of all persons, firms or corporations applying to em nating the name and address of each applicant [and] the ployment desired or offered. Such managers shall also p daties pertaining to the work of the State free employm bureau of labor and statistics as the commissioner may req port to the commissioner of labor, as directed by him. The commissioner of labor is hereby authorized and empowered to cooperate with the Federal Government in the establishment and maintenance within the State of employment bureaus for the purpose of bringing together the man and the job. Said commissioner is also authorized and empowered to cooperate in a similar way and for the same purpose with municipalities, associations, societies, or individuals. Such cooperative employment bureaus, when established, shall be under the supervision of the commissioner of labor, and the cost and expense of establishing and of carrying on any such bureau shall be borne by the cooperating parties, upon an equitable basis to be agreed upon between them. It shall be the duty of the commissioner of labor to communicate with manufacturers, merchants and other employers of labor in the State and to use all diligence in securing the cooperation of employment bureaus. To this end it shall be competent for such offices to advertise, under the direction of the commissioner of labor, in newspapers, or other mediums, for such situations as they have applications to fill, and they may advertise in a general way for the cooperation of contractors and employers in such trade or special publication as reach such employers. 66 SEC. 5. Definitions.—[The customary definitions are given of the terms, "agency," applicant," and "work," the latter being used to include professional" and all other legitimate service."] SEC. 7. Violations.-[Violations are punishable by fines, from $50 to $250, or imprisonment not over 30 days, or both.] SEC. 8. Construction.-[The holding of any section to be invalid shall not affect the other provisions of the act.] CALIFORNIA CONSTITUTION ARTICLE 19.-Chinese labor-Employment-Immigration SECTION 3. Employment on public works.-No Chinese shall be employed on any State, county, municipal, or other public work, except in punishment for crime. SEC. 4. Coolies.-The presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the State, and the legislature shall discourage their immigration by all the means within its power. Asiatic coolieism is a form of human slavery, and is forever prohibited in this State, and all contracts for coolie labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be subject to such penalties as the legislature may prescribe. The legislature shall delegate all necessary power to the incorporated cities and towns of this State for the removal of Chinese without the limits of such cities and towns, or for their location within prescribed portions of those limits, and it shall also provide the necessary legislation to prohibit the introduction into this State of Chinese after the adoption of this constitution. This section shall be enforced by appropriate legislation. ARTICLE 20.-Hours of labor on public works SECTION 17. Eight-hour day. The time of service of all laborers or workmen or mechanics employed upon any public works of the State of California, or of any county, city and county, city, town, district, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military, or naval works or defenses in time of war, and the legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public works and prescribe proper penalties for the speedy and efficient enforcement of said law. ARTICLE 20.-Minimum wages-Protection of employees SECTION 17 (adopted 1914). Power of legislature. The legislature may, by appropriate legislation, provide for the establishment of a minimum wage for women and minors and may provide for the comfort, health, safety and general welfare of any and all employees. No provision of this constitution shall be construed as a limitation upon the authority of the legislature to confer upon any commission now or hereafter created, such power and authority as the legislature may deem requisite to carry out the provisions of this section. ARTICLE 20.-Sex no disqualification for employment SECTION 18. Sex not a bar.-No person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation, or profession. SIMS' DEERING'S CODES-1906 POLITICAL CODE Department of labor and industrial relatio SECTION 364 (added 1921, ch. 604). Agencies created. government of the State of California to be known as th and industrial relations is hereby created. The department shall consist of the following governmental agencies of the State of California, to wit: The industrial accident commission, the commission of immigration and housing, the industrial welfare commission, and the bureau of labor statistics. Said department shall be divided into four divisions as follows: (1) The division of workmen's compensation insurance and safety, which shall be administered by the industrial accident commission and shall succeed to and is hereby invested with all the duties, powers, purposes, responsibilities, and jurisdiction now or hereafter conferred by law upon the industrial accident commission. (2) The division of immigration and housing, which division shall be administered by the commission of immigration and housing and shall succeed to and is hereby invested with all the duties, powers, purposes, responsibilities, and jurisdiction now or hereafter conferred by law upon the commission of immigration and housing. (3) The division of industrial welfare, which division shall be administered by the industrial welfare commission and shall succeed to and is hereby invested with all the duties, powers, purposes, responsibilities, and jurisdiction now or hereafter conferred by law upon the industrial welfare commission. (4) The division of labor, which division shall be administered by the commissioner of labor statistics and shall succeed to and is hereby invested with all the duties, powers, purposes, responsibilities, and jurisdiction now or hereafter conferred by law upon the commissioner of labor statistics and the bureau of labor statistics. SEC. 364a. Representatives.-On or before the first day of October, 1921, and on or before the first day of January of each and every year thereafter, and at such other times in case of a vacancy, each of divisions one, two, and three shall designate one of its members as its representative on the department of labor and industrial relations; and the chief of the division of labor shall be the representative of the division of labor. Such representatives shall meet at a place to be designated by them at least once each month or oftener at the call of any two members. At their first meeting which shall be held during the month of October, 1921, they shall organize by electing one member as chairman and one as secretary. It shall be the duty of the secretary to keep a minute record of the proceedings of each meeting. At each meeting of the department there shall be presented for determination all problems involving conflict of authority or activity of two or more divisions and the department shall hear, consider, and act upon any complaint or complaints of duplication of activities. SEC. 364b. Adjustments.-The said department of labor and industrial relations shall make and promulgate rules and regulations that will eliminate overlapping and duplication of the activities of the several divisions and may provide for the transfer of functions and activities from one division to another in the interest of the betterment of the service of such division or divisions. SEC. 364d. Report.-The department of labor and industrial relations shall submit a report to the governor and to the forty-fifth session of the legislature embodying a complete plan of reorganization and departmentalization of the activities herein mentioned. Contract work on public buildings prohibited SECTION 3233. Day labor.-All work done upon the public buildings of this State must be done under the supervision of a superintendent, or State officer or officers having charge of the work, and all labor employed on such buildings, whether skilled or unskilled, must be employed by the day, and no work upon any of such buildings must be done by contract. Chinese labor-Products not to be bought by State officials " for SECTION 3235. Public supplies.-No supplies of any kind or character, the benefit of the State, or to be paid for by any moneys appropriated or to be appropriated by the State," manufactured or grown in this State, which are in whole or in part the product of Mongolian labor, shall be purchased by the officials for the State having the control of any public institution under the control of the State, or of any county, city and county, city, or town thereof. Hours of labor SECTION 3244. Eight hours a day's work, when.-Eight hours of labor constitutes a day's work, unless it is otherwise expressly stipulated by the parties to a contract, except those contracts within the provisions of sections three thousand two hundred and forty-six, three thousand two hundred and fortyseven, and three thousand two hundred and forty-eight of this code. SEC. 3246. Street railways.-Twelve hours' labor constitutes a day's work on the part of drivers and conductors, and gripmen of street cars for the carriage of passengers. Any contract for a greater number of hours' labor in one day shall be and is void, at the option of the employee, without regard to the terms of employment, whether the same be by the hour, day, week, month, or any other period of time, or by or according to the trip or trips that the car may, might, or can make between the termini of the route, or any less distance thereof. Any and every person laboring over twelve hours in one day as driver, or conductor, or gripman, on any street railroad, shall receive from his employer thirty cents for each hour's labor over twelve hours in each day. SEC. 3247. Actions for wages.-In actions to recover the value or price of labor under section three thousand two hundred and forty-six of this code, the plaintiff may include in one action his claim for the number of days, and the number of hours' work over twelve hours in each day, performed by him for the defendant, and the court shall exclude all evidence of agreement to labor over twelve hours in one day for a less price than thirty cents, and the court shall exclude any receipt of payment for hours of labor over twelve hours in one day, unless it be established that at least thirty cents for each hour of labor over twelve hours in one day has been actually paid, and a partial payment shall not be deemed or considered a payment in full. SEC. 3249. Application of law. The provisions of sections three thousand two hundred and forty-seven * of this code are applicable to every contract to labor made by the persons named in section three thousand two hundred and forty-six. SEC. 3250. Violations.-[Violations of sec. 3246 entail forfeiture of the sum of $50 to the use of the party prosecuting therefor, and any number of forfeits may be prosecuted in a single action.] CIVIL CODE Rights of employers—Injuries to employees SECTION 49. Injuries forbidden.-The rights of personal relation forbid: 4. Any injury to a servant which affects his ability to serve his master. Assignments of wages SECTION 955 (added 1913, ch. 287). What assignments valid.-No assignment of, or order for wages or salary shall be valid unless made in writing by the person by whom the said wages or salary are earned and no assignment of, or order for, wages or salary made by a married person shall be valid unless the written consent of the husband or wife of the person making such assignment or order is attached to such assignment or order; and no assignment or order for wages or salary of a minor shall be valid unless the written consent of a parent or the guardian of such minor is attached to such order or assignment. No assignment of, or order for, wages or salary shall be valid unless at the time of the making thereof, such been earned, except for the necessities of life and the persons furnishing such necessities of life directly and needed to furnish such necessities. Any power of leet wages or salary shall be revocable at any time Employment of labor-General 1 SECTION 1965. Definition.-The contract of emp! which one, who is called the employer, engages an employee, to do something for the benefit of the person. "y have 1 or nt 1 |