upon conviction thereof in any court or [of] competent jurisdiction shall be fined in any sum not less than twenty-five dollars nor more than two hundred dollars, and each and every day that such person, contractor, agent, factor or architect shall neglect or refuse to have such floors so placed as aforesaid, after written notice by the building inspector or from any person whose life or personal safety may be endangered by such neglect or refusal, shall be held and considered a separate offense, severally liable to the penalties aforesaid. SEC. 3. Compliance.-Any contractor or other person having charge of the erection, construction, repairing, alteration, removal or painting of any building, bridge, viaduct, steel tank, standpipe or other structure, within the provisions of the two preceding sections, shall comply with the terms thereof, and any such contractor or other person violating any of the provisions of the two preceding sections shall, upon conviction thereof, be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not less than thirty days nor more than one year, or both such fine and imprisonment, in the discretion of the court. In addition to the penalties (sic) herein provided, in the refusal or neglect of any person, firm or corporation, or his or its agents, to comply with the provisions of the two preceding sections, the use of any such scaffold, hoist, crane, stays, ladder, support, or other mechanical contrivance, or the erection, repairing, alteration, removal or painting of any building, bridge, viaduct, steel tank or other structure, may be prohibited by the labor commissioner or inspector deputized by him, and a notice to that effect shall be posted upon the premises. Such notice shall not be removed until such scaffold, hoist, crane, stays, ladder, support or other mechanical contrivance or temporary floorings are properly and safely constructed.

CHAPTER 102.-Railroads-Engine curtains

SECTION 1. Curtains to be supplied.-[Railroads must equip locomotive engines with canvas curtains attached to back of cab and inclosing all openings between cab and tender. Also front and side windows of cab must be equipped with "frost glass" in wintertime. Applies to all engines used for service in the State.]

SEC. 2. Act in effect.-[All new engines to be so equipped and all engines brought in for heavy repairs to be equipped at that time.]

SEC. 3. Violations.-[Failure to comply subjects to a fine of $100 for each engine operated without such appliances.]

CHAPTER 117.-Free public employment offices

SECTION 1. Service established.-The State free employment service of the State of North Dakota is hereby established. The commissioner of agriculture and labor shall also be the executive officer of the State free employment serv ice, and the management of such service shall be under his supervision. He shall have authority to appoint agents who shall be under the direction of said commissioner of agriculture and labor as may be required in carrying out the provision of this act, such agents being located at convenient points in the State for the handling of the movement of labor of all classes, with the view that labor will not be congested at any one point and to use their best endeav ors to keep the supply of labor filled at the places where it is desired, and in seasonable time.

Such agents may be located at points in the State which will best serve to carry out the provisions and intent of this act, and the commissioner in charge has power to enter into agreements with governing bodies of cities, towns, or counties which desire such service, to use a portion of the fund provided by the State to assist in the maintenance of any such service put into effect by such governing bodies, or he may establish offices at points where he deems to be of the best interest of employment and maintain the same.

The commissioner of agriculture and labor in the capacity of head of the State free employment service is hereby empowered to employ such clerical assistance as is necessary to carry out the provisions of this law and fix their compensation [,] to secure and distribute the necessary books and forms for keeping a record of the movement of labor, registration and placements, and all reports required to be made to that end.

SEC. 2. Applications.-The agents in charge of any of the State free employ ment offices established under the provisions of this act, and under the direc tion of the commissioner of agriculture and labor, shall receive applications

from those seeking employment and from those seeking employees and shall register every applicant on properly arranged cards or forms provided by the commissioner of agriculture and labor,

SEC. 3. Reports. Each such agent shall make the commissioner of agriculture and labor such periodic reports of applications for labor or employment and all other details of the office work of each office, and the expense of maintaining the same as the commissioner may require.

SEC. 4. Advertising.-The commissioner of agriculture and labor shall have power to solicit business for the State free employment service, established under this act, by advertising in newspapers and in any other way he may deem expedient: Provided, That the expenditure under the provisions of this act shall not exceed ten per cent of the total expenditure.

SEC. 5. Fees. No fees direct or indirect shall in any case be charged or received from those seeking the benefits of this act.

SEC. 6. Violation.-[Violation of section 5 entails a fine, not over $100 or imprisonment not exceeding six months, or both; also disqualifies offender for position in the department.]

SEC. 7. Notice of strike, etc.-An employer, or a representative of employers or employees, may file at a State free employment office a signed statement with regard to a strike or lockout affecting their trade. Such statement shall be posted in the employment office, but not until it has been communicated to the employers affected if filed by employees, or to the employees affected if filed by employers. In case a reply is received to such a statement, it shall also be posted in the employment office with the same publicity given the first statement. If an employer affected by a statement notifies the State free employment service of a vacancy or vacancies, the agent in charge shall advise any applicant for such vacancy or vacancies of the statements posted. SEC. 8. Cooperation.-The commissioner of agriculture and labor is hereby authorized and empowered to cooperate with the Federal Government in the establishment and maintenance within the State of North Dakota of one or more employment bureaus for the purpose of bringing together the man and the job. Such cooperative employment bureaus, when established, shall be under the joint management of the cooperative parties, and the cost and expense of establishing and carrying on any such bureau shall be borne by the cooperative parties upon an equitable basis to be agreed upon between them.

SEC. 9. Appropriation. There is hereby appropriated for the purpose of this act out of any moneys in the State treasury not otherwise appropriated, the sum of ten thousand dollars ($10,000), or as much thereof as may be necessary to carry out the provisions of this act.

CHAPTER 137.-Labor organizations—Union label

SECTION 1. Unauthorized use.-It shall be unlawful for any person or corporation to wear or use the emblem adopted by or representing any labor union of this State unless such person or corporation is entitled to wear or use such emblem under the rules of the union which said emblem represents.

SEC. 2. Definition." Emblem" is herein defined in this act to mean button, watch fob, design, devise [sic], trademark, label, shop card, or form of advertisement indicating membership in any labor organization.

SEC. 3. Penalty.-Any person or corporation violating the provisions of this act shall be punishable by imprisonment in the county jail for a term not to exceed thirty days, or by a fine not to exceed $50 or by both such fine and imprisonment.

ACTS OF 1923

CHAPTER 150.-Employment of children-Enforcement of laws

SECTION 1. Who to enforce.-In addition to the other duties prescribed by law the board of administration' shall have the following duties and powers:

(h) To secure the enforcement of the child labor law

This board consists of the superintendent of public instruction, the commissioner of agriculture and labor, and three persons appointed by the governor, and has general supervision of all penal, charitable, and educational institutions of the State. Acts of 1919, ch. 71.

SEC. 2. Officer.-The board shall have authority to employ and fix the salary of an executive officer and such agents as shall be necessary to carry out the purpose of this act, and to pay such expenses as are incidental to the performance of such duties.

CHAPTER 155.-Employment of children-General provisions

SECTION 1. Age limit.-[The employment of children under 14 is forbidden in factories, workshops, mercantile establishments, offices, restaurants, hotels, apartment houses, or in delivery or messenger service; or in any business whatever during school hours.]

SECS. 2-7. Certificates.—[Children under 16 may not be employed without certificates issued by the school authorities, showing age, physical fitness as evidenced by a physician's certificate, and the completion of the eighth grade or school attendance for nine years not including attendance at kindergarten. Vacation permits may issue on a modified educational requirement. Certificates must be kept on file, available for inspection and for children apparently under 16 the employer must produce evidence of age or cease their employment. On termination of employment, the certificate must be returned to the issuing authority, and a new one will issue only on promise of new employment and a new certificate of physical fitness. Certificates may be revoked if found to have been improperly issued, or if the physical or moral welfare of the child would be best served thereby.]

SEC. 8. Work time.-[Children under 16 may not be employed more than 8 hours per day or 6 days or 48 hours per week, nor between 7 p. m. and 7 a. m. Domestic and farm labor are exempt. Schedules of working hours and rest periods must be posted in all places where children are employed.] SEC. 9. Enforcement.-[Peace officers may visit places of employment within their jurisdictions to ascertain as to compliance with this act.]

SEC. 10. Dangerous occupations.-[The employment of children under 16 in a specified list of dangerous occupations is forbidden, including places of amusement, also the employment of girls where constant standing is required. For a similar list see secs. 3145, 3148, Delaware Code.]

SECS. 11, 12. Board of administration.-[The board of administration is to prepare and distribute to the school authorities the necessary blanks, supervise the administration of laws, make regulations for maximum hours, minimum wages, and standard conditions of employment of minors, and inspect work places to enforce the law and their regulations.]

SECS. 13, 14. Violations.-[Employers violating the law or persons certify. ing any material false statement may be fined from $20 to $50 in any court of competent jurisdiction.]

OHIO

CONSTITUTION-AMENDMENTS OF 1912

ARTICLE II.-Labor legislation

SECTION 34. Wage and safety laws.-Laws may be passed fixing and regulating the hours of labor, establishing a minimum wage, and providing for the comfort, health, safety, and general welfare of all employees; and no other provision of the constitution shall impair or limit this power.

ARTICLE II.-Hours of labor on public works

SECTION 37. Eight-hour day.-Except in cases of extraordinary emergencies, not to exceed eight hours shall constitute a day's work, and not to exceed forty-eight hours a week's work, for workmen engaged on any public work carried on or aided by the State, or any political subdivision thereof, whether done by contract, or otherwise.

GENERAL CODE-19101

Hours of labor on public works

SECTION 17-1 (added 1913, p. 854; amended 1919, p. 1286). Eight-hour day.Except in cases of extraordinary emergency, not to exceed eight hours shall constitute a day's work and not to exceed forty-eight hours a week's work, for workmen engaged on any public work carried on or aided by the State, or any political subdivision thereof, whether done by contract or otherwise; and it shall be unlawful for any person, corporation, or association whose duty it shall be to employ or to direct and control the services of such workmen to require or permit any of them to labor more than eight hours in any calendar day or more than forty-eight hours in any week, except in cases of extraordinary emergency. This section shall be construed not to include policemen and firemen.

SEC. 17-2 (added 1913, p. 854. Violation.-[Penalty for violation is a fine not exceeding $500, or not over six months' imprisonment, or both.]

Department of industrial relations

SECTION 154-3 (added 1921, p. 105). Department created.-The following administrative departments are created:

The department of industrial relations, which shall be administered by the director of industrial relations, hereby created.

The director of each department shall, subject to the provisions of this chapter, exercise the powers and perform the duties vested by law in such department.

SEC. 154-4. Appointment of director. Each director whose office is created by section 154-3 of the General Code shall be appointed by the governor by and with the advice and consent of the senate, and shall hold his office during the pleasure of the governor.

SEC. 154-5. Assistant.-In each department there shall be an assistant director, who shall be designated by the director to fill one of the offices within such department, enumerated in section 154-6 of the General Code, or as the head of

All statutes amended or created by subsequent legislation have been numbered and given their proper places in the code, as provided by law.

one of the divisions created within such department as authorized by section 154-8 of the General Code. When a vacancy occurs in the office of the director of any department, the assistant director thereof shall act as director of the department until such vacancy is filled.

SEC. 154-6. Divisions.-Offices are created within the several departments as follows:

In the department of industrial relations chiefs of divisions as follows: Factory inspection.

SEC. 154-7. Appointment of officers.-The officers mentioned in sections 154-5 and 154-6 of the General Code shall be appointed by the director of the depart ment in which their offices are respectively created, and shall hold office during the pleasure of such director.

SEC. 154-8. Duties.-The officers mentioned in sections 154-5 and 154-6 of the General Code shall be under the direction, supervision, and control of the directors of their respective departments, and shall perform such duties as such directors shall prescribe.

*

SEC. 154-15. Advisory boards.-The director of each department may, with the approval of the governor, establish and appoint advisory boards to aid in the conduct of the work of his department or any division or divisions thereof. Such advisory boards shall exercise no administrative function, and their mem bers shall receive no compensation, but may receive their actual and necessary expenses.

SEC. 154-16. Entire time to be given.-Each officer whose office is created by section 154-3, 154-5, and 154-6 of the General Code shall devote his entire time to the duties of his office, and shall hold no other office or position of profit. In addition to his salary provided by law, each such officer and each member of the boards and commissions in the department created by this chapter shall be entitled to his actual and necessary expenses incurred in the performance of his official duties.

SEC. 154-17. Offices.-Each department shall maintain a central office in the city of Columbus. The director of each department may, in his discretion and with the approval of the governor, establish and maintain, at places other than the seat of government, branch offices for the conduct of any one or more funetions of his department.

SEC. 154-20. Hours of labor.-All employees in the several departments shall render not less than eight hours of labor each day, Saturday afternoons, Sundays, and days declared by law to be holidays excepted in cases in which, in the judgment of the director, the public service will not thereby be impaired.

Each employee in the several departments shall be entitled during each calen dar year to fourteen days' leave of absence with full pay. In special and meritorious cases where to limit the annual leave to fourteen days in any one calendar year would work peculiar hardships, it may, in the discretion of the director of the department, be extended. No employee in the several depart ments, employed at a fixed compensation, shall be paid for any extra services. unless expressly authorized by law.

SEC. 154 45. Duties.-The department of industrial relations shall have all powers and perform all duties vested by law in the Industrial Commission of Ohio, excepting the following:

Those powers and duties of the commission which it exercises as successor of the State liability board of awards, the State board of arbitration, the board of boiler rules, and in the investigation, ascertainment, and determination of standards, devices, safeguards, and means of protection, * * which shall continue to be exercised and performed by the Industrial Commission of Ohio in the manner provided by law for the exercise of such powers and the performance of such duties.

The Industrial Commission of Ohio shall be a part of the department of industrial relations for administrative purposes in the following respects: The director of industrial relations shall be ex officio the secretary of said commis sion, shall succeed to and perform all of the duties of the secretary of said commission, and shall exercise all powers of said secretary as provided by law;