MINNESOTA

CONSTITUTION

ARTICLE 1.-Suits for wages-No property exempt

SECTION 12. No exemption from judgments for wages.-* A reasonable amount of property shall be exempt from seizure or sale for the payment of any debt or liability. The amount of such exemption shall be determined by law: Provided, however, That all property so exempted shall be liable to seizure and sale for any debts incurred to any person for work done or materials furnished in the construction, repair, or improvement of the same: And provided further, That such liability to seizure and sale shall also extend to all real property for any debt incurred to any laborer or servant for labor or service performed.

GENERAL STATUTES-1913

Employment of children-School attendance

SECTION 2979 (as amended 1923, ch. 78). Attendance required.—[School attendance is required to 16 years of age, but if 14 and help is required in or about the house, children may be excused between April 1 and November 1 except in cities of the first and second class.]

SEC. 2982. Employment during school.-[Knowingly employing during the school session any child unlawfully absent from school is a misdemeanor.] SEC. 2984. Enforcement.-[The commissioner of labor is authorized to assist in the enforcement of this act.]

Department of labor and industries

[This department is under the control of the industrial commission of the State: See chapter 81, Acts of 1921. Its duties are devolved on that commission, so that the following sections, so far as not inconsistent with the act of 1921, remain in force.]

SECTION 3813. * * Appointees. All other officers and employees of the department except the assistant labor commissioner and one stenographer shall be appointed by the labor commissioner from a list of persons whose competency shall have been certified to by a board of examiners as provided in sections 3 to 7 of this act, and shall remain in office until removed by the commissioner. The assistant labor commissioner and one stenographer shall be appointed by the commissioner without such examination: Provided, That the commissioner of labor upon the removal from office of any officer or employee appointed after examination by the board of examiners, shall file a statement in writing, giving the reasons for said removal, with the secretary of state, which statement shall be open to public inspection.. The failure of the commissioner to make and file such statement within five days after such removal shall operate to reinstate such official or employee. No removal of any officer or employee covered by this act shall be made except for neglect of duty, incompetence, insubordination, intoxication or immorality: Provided, That all officers of the department shall hold office until their respective successors qualify.

SEC. 3814. Qualifications.-No person shall be eligible to appointment as a chief factory inspector, elevator inspector, railroad inspector or factory inspector in the department of labor who is not possessed of practical experience and knowledge in and of the operation of such machinery, appliances and work places as he may be called upon to inspect; and every person desiring such an appointment shall be required to pass such a competitive examination touching his general qualifications and his knowledge of the trade and technical phases of the work required in such position as may be deemed necessary by the board of examiners to the proper discharge of the duties of such position. No person shall be appointed to the position of deputy labor commissioner who is not possessed of such qualifications as the board of examiners may determine necessary. No person shall be appointed superintendent of the

bureau of women and children who is not competent to investigate and report to the commissioner of labor upon the conditions under which women and children are at work in all factories, workshops, hotels, restaurants, mercantile establishments and other places where women and children are employed, with such recommendations as will promote the health and welfare of the women and children so employed in this State. No person shall be appointed as a local manager or other employee of the State free employment offices who is not possessed of such knowledge as the board of examiners may deem necessary for the proper fulfillment of the duties of such position. No person shall be competent for appointment as statistician in the department of labor whe has not demonstrated his competency to the satisfaction of the board of examiners, by his fulfillment of similar duties at a previous time, or, in the absence of, or in addition to previous experience, can not satisfactorily pass such examination as the board of examiners shall provide for the filling of such statistical position. Experts and special agents appointed by the commissioner to assist in statistical or investigation work shall have such qualifications and pass such examinations as the board of examiners may specify. The commissioner of labor shall be empowered to temporarily appoint properly qualified persons who have not passed such examinations as are provided in sections 2 and 3 [3813, 3814] of this act for a period of not to exceed sixty (60) days' duration: Provided, That such appointments may not be renewed at the expiration of said sixty (60) days unless such appointee has passed the regular examination for such position. No person shall be eligible to appointment to any position in the department of labor, who, in addition to passing such examinations or meeting such requirements as are specified by law, is unable to satisfy the board of examiners and the appointing officers of his moral, mental and physical fitness to hold such position.

SEC. 3815. Examiners.-To carry out the provisions of sections 2 and 3 [3813, 3814] of this act a board of examiners is hereby created[,] consisting of the State labor commissioner and two persons appointed by the gov ernor. The labor commissioner shall be an ex-officio member of said board and the other members shall be appointed for a term of two years beginning the first Monday in January of each odd numbered year: Provided, That the first appointments under this section shall be made on or before June 1, 1913. In case of the inability of any member of this board to be present at any examination, the governor shall appoint a competent person to act in his place. The State labor commissioner shall be the secretary of such board and shall keep the records, which shall contain all the proceedings of the board in reference to examinations and of its actions in carrying out the provisions of this act, and all examination papers, which shall be public records. The secretary of the board shall likewise keep and have open to the inspection of the public a list of the names of the persons who are eligible to appointment. Two (2) members of the board shall constitute a quorum for the transaction of business. A chairman shall be elected by the board from its number. No member of the board shall receive any compensation for his services herein required, except his reasonable and necessary expenses, which shall be paid out of the fund appropriated for the maintenance of the department of labor in the same manner as other charges against such fund are paid.

SEC. 3816 (as amended 1919, ch. 109). Examinations.-The board of examiners shall provide suitable lists of questions for such examinations which shall be submitted to the applicants in such manner as the board may de termine; and a list shall be made of the successful applicants, from which list the labor commissioner shall make selections for the positions above named. The board also may certify, for promotion or transfer to another position, with or without a competitive examination, any employee who has demonstrated his competency to the satisfaction of the board.

SEC. 3818. Definitions.-The words "factory" and "mill." as used in this chapter, shall mean any premises where water, steam, electrical or other mechanical power is used in the aid of manufacturing or printing process there carried on. The term "workshop," as so used, shall mean any premises, room or place, not factory or mill as above defined, wherein manual labor is exercised by way of trade or for purpose of gain in or incidental to a process of making, altering, repairing, cleaning, ornamenting, finishing or adapting for sale or use any article or part thereof. The term "engineering work," as so used, shall mean any work of construction, operation, alteration, or repair of 105446-25-36

a railroad or street railway, of the works or offices of any gas, telephone, telegraph, water, electric light, or mining company, or upon any sewer, bridge, tunnel, or building. The term "mercantile establishments" shall mean any wholesale or retail establishment, theater, bowling alley, pool room or other place of amusement, hotels, restaurants, photograph galleries, [and] warehouses. But nothing herein shall interfere with the powers conferred by law upon the railroad and warehouse commissioners or the county mine inspectors. SEC. 3819 (as amended 1919, ch. 110). Duties and powers.-The department shall enforce all laws regulating the employment of minors and women, the protection of the health, lives, limbs, and rights of the working classes, and those prescribing the qualifications of persons in trades and crafts, and shall be clothed with the same powers for the enforcement of the compulsory educa tion and truancy laws as those conferred on truant officers by section 1448, Revised Laws of 1905. It shall be empowered to gather statistics relating to all branches of labor, to labor troubles and unions, and to the economic and social conditions of the laboring classes. In the discharge of its duties the members and employees of the department may enter any factory, mill, workshop, warehouse, mercantile establishment, office, engineering work or other place where persons are employed, or any office from which such place of employment is directed or managed, at all reasonable times, give such direction as may be necessary to enforce the laws, and remain while engaged in their official duties. They may also enter any place where intoxicating beverages are sold, for the purpose of enforcing the child labor and school attendance laws or other duties imposed upon them. Any member of the department of labor and industries may issue subpœnas and take testimony, and compel the attendance of witnesses, and shall have authority to administer oaths and take testimony under oath, but no person shall be compelled to attend as a witness unless he is paid the fees provided for witnesses in the district court. The bureau of women and children shall have power to enforce and cause to be enforced, by complaint in any court or otherwise, all laws and local ordinances relating to the health, morals, comfort, and general welfare of women and children.

SEC. 3820. Free employment bureaus.-The department may establish State free employment bureaus in the cities of St. Paul, Minneapolis, Duluth, Winona, and one in the northwestern portion of the State, for the purpose of receiving applications from persons seeking employment, and applications from employers desiring to employ labor. 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 bureaus. Every application made by an employer or an employee to the free employment bureau shall be void after thirty days from its receipt, unless the same be renewed by the applicant.

The managers of the State free employment offices shall cause to be received and recorded in books kept for that purpose, the names of all persons applying for employment, as well as the addresses of all persons, firms or corporations applying to employ labor, designating opposite the name and address of each applicant the character of employment desired or offered. Such managers shall also perform such other duties pertaining to the work of the State free employment bureau in the collection of labor statistics and in keeping the books and accounts of such bureau as the commissioner may require, and shall report monthly all business transacted by such offices to the commissioner of labor.

SEC. 3821. Reports.-On request of the department, and within the time limited therein, every employer of labor, any officer of a labor organization, or any other person from whom the department of labor shall find it necessary to gather information, shall make a certified report to the department upon blanks furnished by it, of all matters covered by the request. The names of persons or concerns supplying such information shall not be disclosed. Every notice, order, or direction given by the department shall be in writing, signed by any officer or inspector of the department, or a person specially designated for the purpose, and be served by him. Papers so served and all records and documents of the department are hereby declared public documents and shall not be destroyed within two years after their return or receipt by the department.

SEC. 3822. Appeal to courts.-Within ten days after the service of any order or direction of the department, any person aggrieved may apply to a judge of the district court for an order restraining its enforcement, and upon not more

than thirty (30) days' notice a hearing may be had before such court, or before three impartial expert referees appointed by the court, who shall file their report within ten days after the hearing. The court may alter, annul or affirm the order or direction complained of; the decision to be based upon the hearing by the court, or upon the report of the referees. Such decision shall take the place of the original order. In cases of affirmance, the losing parties shall pay a reasonable compensation to the referees, to be fixed by the court. In cases of decisions rendered adverse to the order of the department of labor, such compensation shall be paid out of the appropriation for the support of the department.

SEC. 3823. Local ordinances.-Whenever the department learns of a violation of a local ordinance for the protection of employees, it shall give written notice thereof to the proper municipal authorities, and take any steps permissible under the ordinance for its enforcement.

SEC. 3824. Reports.-The department shall report to the legislature at each regular session. Such reports shall contain an account of the doings of the department, the statistics gathered by it; a statement of all violations of law which come to its knowledge, and any proceedings had in consequence; and such recommendations as the commissioner may deem proper. The report shall be printed and distributed as in the case of other executive documents. The commissioner shall also be empowered to issue and have distributed special reports or bulletins on subjects investigated by the department that are of special interest to the welfare and prosperity of the State. Such special reports and bulletins shall be printed as in the case of other executive documents.

SEC. 3825 (as amended 1917, ch. 13). Offenses.-Any officer, agent, or employee of the department who shall disclose the name of any person supplying information at the request of the department shall be guilty of a misdemeanor. Any person who, having been duly subpoenaed, shall refuse to attend or testify in any hearing under the direction of said commissioner shall be guilty of a misdemeanor. Any owner or oceupant of any factory, mill, workshop, engineering work, store, or other place enumerated in section 8 [sec. 3819] of this act, or agent of such person, who shall refuse to admit thereto any officer, agent, or employee of the department seeking entrance in the discharge of his duty, shall be guilty of a misdemeanor. Any person, firm, or corporation, or any

of its officers or agents, who or which shall refuse to file with the department such reports as are required by it under the provisions of this act shall be guilty of a misdemeanor.

SEC. 3828. Division for deaf.-There shall be created in the bureau of labor a division devoted to the deaf.

SEC. 3829. Chief.-The commissioner of labor shall appoint a competent man to take charge of such division who shall devote his time to the special work of labor for the deaf, under the supervision of the commissioner. He shall collect statistics of the deaf, ascertain what trades or occupations are most suitable for them, and best adapted to promote their interest, and shall use his best efforts to aid them in securing such employment as they may be fitted to engage in.

He shall keep a census of the deaf and obtain facts, information, and statisties as to their condition in life with a view to the betterment of their lot. He shall endeavor to obtain statistics and information of the conditions of labor and employment and education of the deaf in other States with a view to promoting the general welfare of the deaf of this State.

SEC. 3830. Title.-He shall be designated as chief of the bureau of labor for the deaf.

Hours of labor

SECTION 3831 (as amended 1917, ch. 248). Ten-hour day.-Unless a shorter time be agreed upon, or be provided by law, the standard day's work for hire shall be ten hours. Every employer and other person having control who shall compel any person to labor more than ten hours in any one day, shall be guilty of a misdemeanor; but persons of sixteen years of age and over, unless expressly forbidden by law, may labor extra hours for extra pay; and this section shall not apply to farm laborers, to domestic servants employed by the week or month, or to persons engaged in the care of live stock. SEC. 3832 (as amended 1921, ch. 388). Eight-hour day. No person employed in manual labor upon any work for the State, whether such work be done by contract or otherwise, shall be required or permitted to labor more

than eight hours in any calendar day except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, military or naval employment in time of war, and road work.

SEC. 3833. Public contracts.-Every contract made by or in behalf of the State which may involve the employment of labor shall provide in terms for compliance with section 3832, and for the forfeiture by the contractor to the State of ten dollars for each and every violation thereof. Every inspector or other person whose duty it is to see that such contract is duly performed shall report all such violations to the proper disbursing officer, who shall withhold the amounts so forfeited from the contract price. No sum so withheld shall ever be paid unless the disbursing officer shall first certify to the governor, in writing, that the forfeiture was imposed through an error as to the facts. Every State officer, and every person acting for or in behalf of the State, who shall violate any provision of this section or section 3832, shall be guilty of a gross misdemeanor.

Employment of children-General provisions

SECTION 3839. Employment under 14 years.-[Employment of children under 14 is forbidden in factories, mills, workshops, mines, or building or engineering work; or in any business during any part of the school term.]

SEC. 3840. Employment under 16 years.-[No employment to 16 during sessions of school is permitted unless an employment certificate is kept on file.] SECS. 3841-3844. Certificates.-[Relate to issue, requirements, etc., of certificates; school records (completion of common school work), proof of age, and physician's certificate of health and fitness are required.]

SEC. 3845. Work time.-[No child under 16 may work more than 48 hours per week or 8 per day, nor between 7 p. m. and 7 a. m. Schedule of working hours and meal times must be posted.]

SEC. 3846. Violations.-[Penalties are provided of fines, $25 to $50 for each violation, and added sums for each day's continuance.]

Sec. 3847. Enforcement.—[Officials of the labor department and truant officers may inspect all work places and examine lists.]

SEC. 3848. Dangerous, etc., occupations.-[Employment under 16 in specified dangerous or harmful occupations, or any other employment dangerous to life, health, or morals is forbidden. For similar list see secs. 3145, 3148, Delaware Code. Females under 16 may not be employed to stand constantly.]

SEC. 3849. Messenger service.-[No boy under 18 may act as messenger or delivery boy between 9 p. m. and 5 a. m.; nor may a female under 21 be so employed at any time.]

SEC. 3850. Penalty.-[Failure to produce a physician's certificate on demand of enforcement officers is a misdemeanor.]

Factory regulations-Protection of employees on buildings

SECTION 3862. Safeguards about machinery, etc.-The intaking side of all engaging-toothed or other gears, rolls, drums and slides of every description on any type of machine; the spaces between fixed and moving parts of or at any machine, or between the latter or any part of it and structures near it, leaving insufficient clearance for any person employed thereon or near it; all pulleys and clutches; all belts, cables, bands and driving ropes or chains; all fly wheels, shafting, spindles, levers, connecting rods and links, couplings, or projections thereon, or upon reciprocating or moving parts of machines; all counter weights and balance gears and their suspension; all dangerous parts of machinery; all systems of electrical wiring and transmissions, all dynamos and other electrical apparatus and appliances of every description; and all prime movers in any factory, school, mercantile establishment, mill, workshop, engineering operation, or other places where persons are employed, or otherwise engaged, shall be fenced, boxed or otherwise protected to the fullest degree practicable; Provided, however, That the above shall apply only to all machinery and apparatus above described when located less than six (6) feet above the working floor. All machinery, apparatus, furniture, fixtures, ways, structures, and other equipment shall be so placed or guarded in relation to one another as to be safe for all persons thereabouts employed, and all points which are rendered unsafe by the relative positions of such things shall be securely guarded. Every dangerous place of every description in or near to which any employee is obliged to pass or to be employed, shall