ACTS OF 1921 CHAPTER 261.-Court of industrial relations-Determinations SECTION 2. Cooperation.-In any matter pending before the court of industrial relations, if it shall be brought to the attention of such court that there is a matter pending before the public utilities commission in relation to the rate charged by the employer, the court of industrial relations may order such matters to be heard and determined at the same time by such commission and court of industrial relations, sitting as one body, the presiding judge of said court of industrial relations presiding, and in case of a tie vote, the presiding judge of said court of industrial relations shall cast an additional vote. CHAPTER 262.-Court of industrial relations——Administration of labor laws SECTION 1. Jurisdiction transferred.-The jurisdiction conferred by law upon the commissioner of labor and industry of the State of Kansas is hereby conferred upon the court of industrial relations, and said office of commissioner of labor and industry is hereby abolished. SEC. 2. Duties devolve on court.-All the laws relating to the powers, authority, jurisdiction, and duties of the commissioner of labor and industry of this State are hereby adopted, and all the duties now imposed by existing laws upon the commissioner of labor and industry and State factory inspector, State mine inspector, and director of the free employment bureau shall from and after the taking effect of this act devolve upon the court of industrial relations. SEC. 3. Employees.-The court of industrial relations may employ such deputy factory inspectors, deputy mine inspectors, and clerical force of said department of labor and industry as [are] necessary in carrying out the provisions of this act. CHAPTER 263.-Court of industrial relations-Employment of women SECTION 1. Commission abolished.-The jurisdiction conferred by law upon the industrial welfare commission of the State of Kansas is hereby conferred upon the court of industrial relations, and said industrial welfare commission and all boards organized thereunder are hereby abolished: Provided, That all orders and rules heretofore made by the industrial welfare commission and now in force shall continue in force until the same may be changed or repealed by the court of industrial relations. SEC. 2. Jurisdiction transferred.-All laws relating to the powers, authority, jurisdiction, and duties of the industrial welfare commission of this State are hereby adopted except as amended and repealed in this act; and all the duties imposed upon the industrial welfare commission or any board thereof shall from and after the taking effect of this act devolve upon the court of industrial relations. SEC. 6. Employees.-The court of industrial relations may employ such inspectors and clerical force as may be necessary in carrying on the provisions of this act. SEC. 7. Review.-The orders of the industrial court under the provisions of this act may be reviewed in the same manner as is now provided for the review of its decisions by chapter 29 of the Session Laws of 1920. KENTUCKY CONSTITUTION Labor organizations—Provisions of constitution SECTION 59. Certain laws forbidden.-The general assembly shall not pass local or special acts concerning any of the following subjects, or for any of the following purposes, namely: 24. To regulate labor, trade, mining or manufacturing. SECTION 91. Commissioner of agriculture, etc.-A * agriculture, labor and statistics, * * ** commissioner of shall be elected by the qualified voters of the State at the same time the governor is elected, for the term of four years, [who] shall be at least thirty years of age at the time of his election, and shall have been a resident citizen of the State at least two years next before his election. The duties of * * [this officer] shall be such as may be prescribed by law, * Protection of employees as voters-Time to vote SECTION 148. Four hours to be allowed.— * * * The general assembly shall provide by law that all employers shall allow employees, under reasonable regulations, at least four hours on election days, in which to cast their votes. Employment of children SECTION 243. Employment of children to be regulated.-The general assembly shall, by law, fix the minimum ages at which children may be employed in places dangerous to life or health, or injurious to morals; and shall provide adequate penalties for violations of such law. Payment of wages SECTION 244. Wages to be paid in lawful money.-All wage earners in this State employed in factories, mines, workshops or by corporations shall be paid for their labor in lawful money. The general assembly shall prescribe adequate penalties for violations of this section. [See section 1350, below.] Redemption of wage checks on pay days at a discount is a violation of this section. 118 S. W. 350. STATUTES-1915 Bureau of agriculture, labor, and statistics SECTION 31. Bureau established.-A bureau of agriculture, labor, and statistics is established, and shall be under the management of an officer, who shall be known as the commissioner of agriculture, labor, and statistics. In one thousand eight hundred and ninety-two there shall be appointed by the governor, by and with the advice and consent of the senate, a commissioner, who shall hold his office until the first Monday in January, one thousand eight hundred and ninety-six, and until his successor has qualified, unless sooner removed by the governor, who shall also have power to fill a vacancy in the office occurring from any cause. At the general election held in November, one thousand eight hundred and ninety-five, and every four years thereafter, there shall be elected a commissioner, who shall enter upon the discharge of his duties on the first Monday in January after his election, and hold his office for four years, and until his successor is elected and qualified. SEC. 32. Duties of commissioner.-The commissioner shall keep his office at the seat of government, and devote his entire time and attention to the duties of his office. Before entering upon his duties he shall take the oath of office and execute bond to the Commonwealth, with good sureties, worth at the time, jointly or severally, twenty-five thousand dollars, to be approved by the governor, for the faithful discharge of the duties of his office; and shall receive an annual salary of twenty-five hundred dollars, payable at the same time the salary of the governor is paid. SEC. 33. Purpose of bureau.-The efforts of the bureau shall be directed to the promotion of agriculture, horticulture, manufactures, and to matters relating to labor and statistics; and the commissioner shall promote and encourage, as far as practicable, the organization of agricultural and horticultural societies and other associations in the several counties, and ascertain the agricultural, horticultural, mechanical, commercial, and educational condition of every county, giving, in detail, the quantity and quality of land under cultivation; the kinds, amounts, and value of the annual field crops; the annual production of orchards, gardens, dairies, and mines; the quantity and value of domestic manufactures; the kinds, value, and increase of live stock; the annual products of mechanical industry and skill; the character of labor employed in mines, factories, and the cultivation of the soil, and the prices paid therefor; the value of exports and imports; the number of miles of railroads, turnpikes, navigable streams, and post offices, and names of same, in each county; how and by whom turnpikes and other public roads are operated and kept in repair; the name, location, and population of cities, towns, and villages; the number and value of schoolhouses and churches; the names, capital, and purposes of charitable institutions, together with such other vital, social, physical, and political statistics as he may deem proper and expedient. SEC. 34. Information to be furnished.-The auditor of public accounts, assessors of the several counties, and all other officers of the State and counties, shall furnish the commissioner with such information within their power as he may require in regard to the matters connected with the bureau; and as a further means of procuring information, the commissioner shall put himself in communication with the different agricultural, horticultural, and labor societies, manufacturing and mining companies, and such other organizations or persons in or out of the State, as he may deem proper. SEC. 36 (as amended 1916, ch. 95). Reports.-He shall before the assembling of each regular session of the general assembly compile a report giving a general review of the agricultural, horticultural, mineral, and industrial resources of the State with brief notices of each county, the character of labor generally employed in mines, factories, and the cultivation of the soil and the price paid therefor, and such other information as he is required to gather; he shall have a sufficient number, not exceeding five thousand, printed for the use of the general assembly and for general distribution. * SEC. 41. Clerk.-The commissioner is allowed a clerk or clerks, to be selected by himself, the salary of whom shall not exceed, in the aggregate, twelve hundred dollars per annum. SEC. 42. Appropriation.—The sum of thirteen thousand dollars is hereby annually appropriated, out of any funds in the hands of the treasurer not otherwise appropriated, for the support and maintenance of this bureau. Said amount shall cover all expenses of every kind growing out of this act, including commissioner's salary and clerk's pay, and all expenses connected with and growing out of this department of the State government. Employment of children SECTION 326. Mendicant, etc., occupations.-[This section embodies provisions similar to those found in sec. 2223 of the Delaware Code, as to the employment of children under 16 in begging, peddling, etc.] Sec. 331A. 1 (as amended 1916, ch. 23). Age limit.-No child under fourteen years of age shall be employed, permitted or suffered to work in or in connection with any factory, mill, workshop, mercantile establishment, store, office, printing establishment, bakery, laundry, restaurant, hotel, apartment honse, theater, motion-picture establishment, or in the distribution or transmission of merchandise or messages. It shall be unlawful for any person, firm, or corporation to employ any child under fourteen years of age in any business or service whatever during any part of the term during which the 105446°-25-20 public schools of the district in which the child resides are in session. Nor shall any child under fourteen year of age be permitted to perform in or appear upon the stage of any theater, motion-picture establishment or other place of public amusement, whether for pay or not. [Amendment provides for employment in theaters of child under 16 from outside the State in custody of adult who constantly accompanies such child.] 2. Certificates.-[Requires certificates for children between 14 and 16 employed in the establishments, etc., named above; lists are to be kept. Labor inspector may demand certificate of child apparently under 16; failure to produce same or to produce evidence of age is prima facie evidence of a violation of the act.] 3, 4 (as amended 1920, ch. 152), 5, 6. Issue.-[Issue of certificates by school authorities, on evidence of age, physician's certificate, and five years' schooling.] 7. Work time.--[Forbids employment of children under 16 in any establishment, etc., named in (1) for more than 6 days or 48 hours per week, or more than 8 hours per day, or between 6 p. m. and 7 a. m.] 8. Enforcement.-[Truant officers may visit such establishments, etc., for purposes of enforcement, and may inspect lists.] 9. Dangerous, etc., employments.-[Children under 16 may not be employed in enumerated occupations (closely similar to list in secs. 3145, 3148 of the Delaware Code), or "in other occupations dangerous to the life or limb or injurious to the health or morals of such child, and as to these matters, the decision of the county physician or city health officer, as the case may be, shall be final."] 10. Belt shifters, guards.—It shall be the duty of the owner of any manufacturing establishment where any person under twenty-one years of age is employed, his agents, superintendents or other persons in charge of same, to furnish and supply, when practicable, or cause to be furnished and supplied to him, belt shifters or other safe mechanical contrivance for the purpose of throwing belts on or off pulleys; and, whenever practicable, machinery therein shall be provided with loose belts. All vats, pans, saws, planes, cogs, gearings, belting, set screws and machinery of every description which is palpably dangerous, shall be properly guarded and no person shall remove or make ineffective any safeguard around or attached to any such appliances or machinery, while the same is in use, unless for the purpose of immediately making repairs thereto, and all such safeguards shall be promptly replaced. No person under eighteen years of age shall be allowed to clean machinery while it is in motion. 11. Messengers.-[Forbids messenger or delivery service by minors between 9 p. m. and 6 a. m.] 12. Females not to stand.-[Forbids employment of females under 21 in any work requiring them to remain standing constantly.] 13. Walls, etc., to be painted. The walls and ceiling of each room in every manufacturing establishment where minors are employed shall be limewashed or painted when, in the opinion of the labor inspector, it shall be conducive to the health or cleanliness of the persons working therein. 14. Posting.-[Requires act to be posted in workrooms.] 15. Street trades.-[Street trades forbidden in cities of first, second, or third class for boys under 14 and girls under 18. Boys 14 to 16 may secure a badge authorizing them to engage in street trades between 6 a. m. and 8 p. m. only, if they can qualify for an employment certificate. If the educational qualifications are lacking, a badge will issue authorizing employment only outside of school hours. Enforcement is by truant officers, police officers, and juvenile court probation officers.] 16. Violations.-[Penalities of fine or imprisonment or both are entailed by violations by parents, employers, and persons hindering inspectors.] Railroads-Overhead obstructions--Accidents SECTION 776. Bridges, etc., over tracks.-[Except in cities having charter power to regulate their height, no bridge or passageway over railroad tracks shall be less than 22 feet above the track without written authority from the railroad commission. If any bridge, tunnel, or other obstruction is less than seven feet above the roof of freight cars used on the road, telltales shall be erected at such height and distances as the commission shall determine.] SEC. 777. Notice of accidents.-Notice of every accident which may occur and be attended with loss of life shall be given within five days thereafter by the company operating the road on which the accident occurred, to the railroad commission, and such company shall furnish the commission all information requested by it concerning the cause of the accident. Railroads-Obstructing operations, injuring property, etc. SECTION 802. Hindering, etc., transportation by violence.-It shall be unlawful for any person or persons to prevent, hinder, or delay, or attempt to prevent, hinder, or delay, by violence, the transportation of freight or passengers in this State, by any individual, firm, company, corporation, or association doing business in this State, or to interfere with, by violence, any person or agency engaged in the conduct of commerce and traffic in this State in such manner as to obstruct or impede the movement and conduct of such commerce or traffic; but nothing herein shall be construed to prevent any person, or class of persons, from quitting their employment at any time they see proper. SEC. 803. Coercion, etc.-And it shall be unlawful for any person or persons to prevent or hinder, or attempt to prevent or hinder, by coercion, intimidation, or any trespass or violent interference therewith, the free and lawful use of his or its property, by any individual, firm, company, corporation, or association engaged in the business of transporting freight and passengers, and in the conduct of commerce and traffic in this State, or the free and lawful use of said property by any agent or employee of the owner thereof. SEC. 804. Violations.-[Offenses are punishable by fines, $25 to $200, or imprisonment, 10 days to six months, or both.] Enticing employees SECTION 1349. Persuasion to abandon contract.-If any person shall willfully entice, persuade, or otherwise influence any person or persons, who have contracted to labor for a fixed period of time, to abandon such contract before such period of service shall have expired without the consent of the employer, he shall be fined not exceeding fifty dollars, and be liable to the party injured for such damages as he or they may have sustained. Payment of wages SECTION 1350. Penalty.-Any corporation or person or persons having the ownership or control of any factory, mine, or workshop in this Commonwealth, who shall violate the provisions of section 244 of the constitution, * * * shall be guilty of a misdemeanor, and, on trial and conviction, had in any court of competent jurisdiction, shall be fined not exceeding five hundred dollars for each violation thereof. A mining company paid its employees monthly in lawful money, and between pay days issued checks to its employees on their application, payable in merchandise at the company's store. The balance at the end of the month was paid in cash, but no outstanding checks were redeemed. This was held not to be a violation of the statute. 28 S. W. 502. Exemption of wages from execution SECTION 1701A. Wages earned outside of State.-Wages earned out of this State and payable out of this State shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this State, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with process. Fire escapes on factories, etc. SECTION 1830. Fire escapes to be erected.-All buildings of three or more stories in height, in every city of more than ten thousand inhabitants as enumerated by the last United States census, excepting private residences and store and warehouses in which not more than twenty persons are employed, shall be provided with one or more permanent metallic ladders or fire escapes, extending from the first story to the upper stories of such building, and above the roof and on the outer walls thereof, in such location, numbers and character of construction as the chief of fire department or chief fire officer of each such city may determine. The said chief of the fire department or chief fire officer shall examine the building and serve, either in person or by deputy, a notice, in writing, upon the owner, agent, lessee or occupant of such building, by leaving |