the age of twenty-one years or upwards, from laboring a greater or lesser number of hours a day, in accordance with his contract so to do; nor to impose any penalty upon any person or corporation for permitting such employees to labor such greater or lesser number of hours in the performance of such contract.

SEC. 3. Violations.-[Penalties for violations are fines, $100 to $500, onehalf to use of complainant and one-half to State.]

CHAPTER 253.-Railroads, etc.-Accidents

SECTION 49. Reports.-[This section requires every public utility to report to the public utilities commission of the State every accident attended with loss of life or with serious injury. The commission may, in its discretion, investigate the case; but the notice may not be admitted as evidence in any suit for damages.]

CHAPTER 352.-Exemption of wages from execution

SECTION 5. Amount.-[This section exempts from attachment on any writ the wages or seamen; the salary or wages due any debtor not exceeding the sum of $10, unless the debt is for necessaries, in which case the court may exercise discretion; and the wages of the wife and minor children of the debtor.]

CHAPTER 390.-Wages as preferred claims-In insolvency

SECTION 58. Rank.—[Wages earned in the six months prior to proceedings, not over $100 to each person, rank next after costs and expenses of proceedings, including attorney's fees and sums due the United States or the State or a municipality.]

CHAPTER 396.-Intimidation of employees

SECTION 9. Interference with employment.-Every person who, by himself or in concert with other persons, shall attempt by force, violence, threats or intimidation of any kind to prevent, or who shall prevent any other person from entering upon and pursuing any employment, upon such terms and conditions as he may think proper, shall be deemed guilty of a misdemeanor and be fined not exceeding one hundred dollars or be imprisoned not exceeding ninety days.

CHAPTER 397.-Interference with employment

SECTION 32. Hindering railroad employees.-Whoever willfully throws or shoots a missile at a locomotive engine, or railroad or street railway car, or at a person on such engine or car, or in any way assaults or interferes with a conductor, engineer, brakeman, driver or motorman while in discharge of his duty on or near a railroad engine, car, or train, or on or near a street railway car, shall be fined not less than five nor more than one hundred dollars, or be imprisoned in the county jail not less than three months nor more than one year.

SEC. 48. Obstructing business, etc.-Every person who shall willfully and maliciously or mischievously injure or destroy the property of another, or obstruct the use of the property of another, or obstruct another in the prosecution of his lawful business or pursuits, in any manner, the punishment whereof is not specially provided for by statute, shall be fined not exceeding one hundred dollars or be imprisoned not exceeding one year.

CHAPTER 401.-Bribery, etc., of employees

SECTION 21. Accepting bribes.-No agent, employee, or servant in public or private employ, or public official shall corruptly accept, or obtain or agree to accept, or attempt to obtain from any person, for himself or for any other person, any gift or valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the business of his principal master, employer, or State, city, or town of which he is an official, or for showing or forbearing to show favor or

disfavor to any person in relation to the business of his principal, master, employer, or State, city, or town of which he is an official.

SEC. 22. Offering bribes.-No person shall corruptly give or offer any gift or valuable consideration to any such agent, employee, servant, or public official as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the business of his principal, master, or employer, or the State, city, or town of which he is an official, or for showing or forbearing to show favor or disfavor to any person in relation to the business of his principal, master, employer, or State, city, or town of which he is an official.

SEC. 23. False statements.-No person shall knowingly give to any such agent, employee, servant, or public official any receipt, account, or other document in respect of which the principal, master, or employer, or State, city, or town of which he is an official is interested which contains any statement which is false or erroneous, or defective in any important particular, and which, to his knoweldge, is intended to mislead the principal, master, employer, or State, city, or town of which is an official.

SEC. 24. Violations.-Any person who violates any of the provisions of sections twenty-one to twenty-six of this chapter shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be imprisoned, with or without hard labor, for a term not exceeding one year, or be fined not exceeding one thousand dollars.

SEC. 25. Damages.-Any person injured by any violation of the provisions of sections twenty-one and twenty-two of this chapter may recover from the person or persons inflicting such injury twice the amount of such injury.

SEC. 26. Witnesses.-No person shall be excused from attending and testifying, or from producing papers, contracts, agreements, and documents before any court which may be determined to be evidence in such case, or in obedience to the subpoena of any court having jurisdiction of the misdemeanor, on the grounds or for the reason that the testimony or evidence, documentary or otherwise, required by him may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before said court or in obedience of its subpoena or in any such case or proceedings.

SOUTH CAROLINA

CONSTITUTION

ARTICLE IX.-Liability of railroad companies for injuries to employees

SECTION 15. Negligence; waivers.-Every employee of any railroad corpora tion shall have the same rights and remedies for any injury suffered by him from the acts or omissions of said corporations or its employees as are allowed by law to other persons not employees, when the injury results from the negli gence of a superior agent or officer, or of a person having a right to control or direct the services of a party injured, and also when the injury results from the negligence of a fellow servant engaged in another department of labor from that of the party injured, or a fellow servant on another train of cars, or one engaged about a different piece of work. Knowledge by any employee injured of the defective or unsafe character or condition of any machinery, ways or appliances shall be no defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily operated by them. When death ensues from any injury to employees, the legal or personal representatives of the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any contract or agreement, expressed or implied, made by any employee to waive the benefit of this section shall be null and void; and this section shall not be construed to deprive any employee of a corporation, or his legal or personal representative, of any remedy or right that he now has by the law of the land. The general assembly may extend the remedies herein provided for to any other class of employees.

A contract whereby a railroad company beforehand seeks immunity from damages caused by its negligence is not prohibited by this section, but is void as contrary to public policy. 55 S. C. 152.

Under this section a servant may recover of a railroad company for injuries caused by the carelessness of a fellow servant directing him. 52 S. C. 438.

A foreman who engages in manual labor to further the work being carried on under his own direction does not thereby cease to be a superintendent for whose acts the employer is responsible. 61 S. E. 1010.

The doctrine of assumption of risks does not apply in cases where an employee is injured by the acts of an employee in another branch of work. A bridge watchman and the engineer of a train are in separate departments. 61 S. E. 1016.

CODE OF 1912
CIVIL CODE

Department of agriculture, commerce, and industries

SECTION 851. Department created.-A State department of agriculture, commerce, and industries is created which shall be charged, as far as possible, with the execution of the work usually devolved upon a bureau of industries, a bureau of agriculture, and a bureau of publicity.

SEC. 852 (as amended 1912, No. 346). Commissioner. The chief officer of the said department of agriculture, commerce, and industries shall be denomi nated the commissioner of agriculture, commerce and industries. The said commissioner shall have the qualifications of a competent knowledge of agriculture, manufacturing, and general industries, commerce, chemistry, and pub licity, and shall be elected, immediately upon the approval of this act, by the qualified electors in the general election now provided by law for the election of State officers of the State government, for a term of two years, and each succeeding two years thereafter beginning on the first day of January, 1913. in case a vacancy should occur the governor shall appoint for the unexpired term. The commissioner shall be empowered to appoint a competent clerk, whose qualifications shall be in the main the same as those required of the commissioner.

SEC. 853. Salary.-The compensation of the commissioner of agriculture, commerce, and industries shall be $1,900 per annum, and that of the clerk $1,000 per annum, payable monthly by the treasurer, on the warrant of the attorney general.

SEC. 854. Report.-The commissioner shall make and submit to the governor, on or before the tenth day of January of each year, a report covering the department's work of the preceding year, and the report shall be transmitted to the general assembly, printed in the same manner as other public documents, or as shall otherwise be ordered.

SEC. 855. Duties.-The commissioner shall be charged with all work looking to the promotion of agriculture, manufacturing and other industries, cattle raising, and all matters tending to the industrial development of the State, with the collection and publication of information in regard to localities, character, accessibility, cost, and modes of utilization of soils and more specifically to the inducement of capital by the dissemination of information relative to the advantages of soil and climate, and. to the natural resources and industrial opportunities offered in this State; that he shall also collect from the farmers and landowners of the State and list information as to lands, stating the number of acres, location, the terms upon which they may be bought; that a land registry shall be kept, and in connection therewith from time to time publication shall be made descriptive of such listed agricultural, mineral, forest and trucking lands and factory sites as may be offered to the department for sale or share, which publication shall be in attractive form, setting forth the county, township, number of acres, names and addresses of owners, and such other information as may be helpful in placing inquiring home seekers in communication with landowners.

SEC. 856. Handbook of resources, etc.-The commissioner shall collect and collate in the form of a handbook of the State, to be issued when practicable, information showing the nature and industrial resources and advantages of the State of South Carolina, dealing with soil, climate, raw and manufactured products, agricultural and horticultural products, textile fabrics, manufacturing industries, mines and mining, native woods, means of transportation, cost of living, the market and all material and social advantages for those seeking homes and investments in agricultural or manufacturing industries.

SEC. 858. Duties of officials. In order to facilitate the collection and collation of each [such] information of the resources of the State on all lines, the heads of the several departments of the State government and of the State institutions are hereby required to furnish accurately such information as may be at their command to the commissioner when called upon for the same. The commissioner is hereby empowered to enter manufacturing establishments, chartered by the State, in prosecution of this work, and that the corporations operating same shall furnish such information as may be not injurious to their business.

SEC. 860. Not to bring in immigrants.-The commissioner of agriculture, commerce, and industries shall not directly or indirectly attempt to bring immigrants into the State.

SEC. 861. Duties. He shall collect, assort, systematize and present in a report to the governor, on or before the 5th day of January of each year, who shall transmit it to the general assembly, statistical details relating to all departments of labor in this State, such as the hours of labor, cost of living, supply of labor required, estimated number of persons depending on daily labor for their support. Said statistics may be classified as follows:

1. Agriculture.

2. In manufacturing and mechanical industries.

3. In transportation.

[4.] In clerical and all other skilled and unskilled labor not above enumerated.

5. The amount of capital invested in lands, buildings, machinery, material, and means of production and distribution generally.

6. The number, age, sex and condition of persons employed; the nature of their employment; the number of hours of labor per day, and the wages received in each of the industries and employments enumerated.

7. The sanitary conditions of factories, foundries, machine shops, mercantile establishments, where five or more people are employed as laborers. 8. The number, condition and nature of employment of the inmates of the State prison, county jails and reformatory institutions, and to what ex

tent their employment comes in competition with the labor of artisans and laborers outside of these institutions.

9. All such other information in relation to labor as may seem advisable to further the object sought to be obtained by this article.

SEC. 862. Schedule of inquiry.-The commissioner shall annually, on or be fore the first day of November, transmit by mail to the owner, operator or manager of every manufacturing establishment in this State a schedule embodying inquiries as to

1. Name of person, partnership or corporation.

2. Kinds of goods manufactured or business done.

3. Number of partners or stockholders.

4. Capital invested.

5. Average number of persons employed, distinguishing as to sex, adults, and children under sixteen years of age.

6. Total wages, not including salaries of managers, paid during the year, distinguishing as to sex, adults, and children under sixteen years of age.

SEC. 863. Answer to inquiries.-The owner, operator or manager of every establishment which is engaged in manufacturing shall answer the inquiries thereon for the twelve months, November 1st to October 31st preceding, and return said schedule to the commissioner on or before the fifth day of December following receipt of said schedule.

SEC. 864. Information to be furnished.-It shall be the duty of all State and county officials, every employer of labor, and every person engaged in any industrial pursuit, to give to the commissioner, or his agents, all necessary information to enable him to perform the duties herein required of him.

SEC. 865. Powers.-The commissioner shall have power to send for persons or papers whenever in his opinion it is necessary, and he may examine witnesses under oath, being duly qualified to administer the same in the performance of his duty, and the testimony so taken must be filed and preserved in the office of the commissioner; he and his agents and inspectors shall have free access to all places where five or more people are employed as laborers.

SEC. 866. Names not to be disclosed.-No use shall be made in the reports of the commissioner of the names of individuals, firms or corporations supplying the information called for by this article, such information being deemed confidential and not for the purpose of disclosing any person's affairs. SEC. 867. Inspectors.—Said commissioner may employ two inspectors, who shall be appointed by the commissioner at a salary of ten hundred dollars each per annum and necessary traveling expenses, not to exceed two hundred dollars each in any one year, to assist him in the discharge of the duties imposed by this article from and including section 861 to the end of this article. The inspectors shall be under the supervision and control of the commissioner.

SEC. 868. Access to buildings.-The commissioner, his agents and inspectors, may enter all buildings and parts thereof which are subject to the provisions of this article and examine the methods of protection from accidents, the means of escape from fire, the sanitary provisions and the means of ventila tion, and may make investigations as to the employment of children and

women.

SEC. 869. Toilets, etc.-[Where two or more males and two or more females are employed, sufficient, separate, and properly kept water-closets, etc., must be provided, plainly designated.]

SEC. 872. Inspections.-The inspectors appointed under this article are empowered to visit and inspect, at reasonable hours, and as often as practicable, the factories, workshops and other establishments in this State referred to in this article, and shall report to the commissioner the result of their inspections. They shall enforce the provisions of this article and prosecute all violations of the same.

SEC. 873. Blanks.-All blanks and forms required by the commissioner under this article shall be furnished by the comptroller general.

SEC. 874. Expenses.-Inspectors provided for in this article shall keep and furnish to the comptroller general and commissioner itemized statements of necessary expenses incurred in enforcing this article. And all the money paid out under this article shall be on a warrant of the comptroller general.