Commonwealth of Pennsylvania. Department of Labor and Industry HARRISBURG LIBOR LAWS OF PENNSYLVANIA JOHN PRICE JACKSON Commissioner of Labor and Industry HARRISBURG, PA.: WM. STANLEY RAY, STATE PRINTER 1916 • 11%1 U $- tl \^\G> C5 TABLE OF CONTENTS Page Blower Act of 1913, .. 5 Child Labor Act of 1915,. 6 Department of Labor and Industry Acts: Department Act of 1913, . 13 Act of 1915 Creating Division of Municipal Statistics,. 19 Act of 1915 Creating Employment Bureau, . 19 Employment Agents Act of 1915,. 24 Factory Act of 1905, . 29 Fire and Panic Act of 1909,. 34 Fire Drill Act of 1911,. 36 Foundry Act of 1911, . 37 Lead Poisoning Act of 1913,. 38 Mattress Act of 1913,. 42 Moving Picture Acts of 1909 and 1911,. 46 Report of Accidents Act of 1913,. 52 Wire-Glass Act of 1913,. 52 Woman’s Act of 1913, . 53 (3) 759580 (4) BLOWER ACT OF JULY 24, 1913. (Pamphlet. Laws, page 970. No. 447.) AN ACT To protect the health and lives of employes in certain occupations, by requiring the use of blowers, or similar apparatus, in connection with certain kinds of ma¬ chinery, and specifying the equipment to be used in connection therewith; regu¬ lating the use of such blowers and apparatus, and providing penalties for violation of this act. Section 1. Be it enacted, &c.,‘That all persons, companies, or corporations operating any factory or workshop where emery-wheels or emery-belts of any description are used, either solid emery, leather, leather-covered, felt, canvas, linen, paper, cotton, or wheels or belts rolled or coated with emery or corundum, or cotton-wheels used as buffs, shall provide the same with blowers, or similar apparatus, which shall be placed over, beside, or under such wheels or belts, in such a manner as to protect the person or persons using the same from the particles of dust produced and caused thereby/and to carry away the dust arising from or thrown off by such wheels or belts, while in operation, directly to the outside of the building, or to some receptacle placed so as to receive and confine such dust: Pro¬ vided, That grinding machines upon which water is used at the point of the grinding contact shall be exempt from the provisions of this act; and, provided, this act shall not apply to factories or workshops where men are not employed continuously at such wheels or belts more than three hours in twenty-four hours. Section 2. It shall be the duty of any person, company, or cor¬ poration operating any such factory, or workshop, to provide or construct such appliances, apparatus, machinery, or other things necessary to carry out the purpose of this act, as set forth in the preceding section, as follows: Each and every wheel shall be fitted with a sheet of case iron, or hood or hopper, of such form, and so applied to such wheel or wheels, that the dust or refuse therefrom will fall from such wheels, or will be thrown into such hood or hopper by centrifugal force, and be carried off by the current of air into a suction-pipe attached to same hood or hopper. Section 3. This act shall become operative on the first day of January, one thousand nine hundred and fourteen. Section 4. The inspectors of the Department of Labor and In¬ dustry are hereby authorized to enter and inspect all factories and workshops, for the purpose of enforcing the provisions of this act. Section 5. Any person or persons, or company, or managers or directors of any company or corporation, w T ho shall have the charge or management of any factory or workshop, who shall fail to comply with the provisions of this act, shall be deemed guilty of a mis¬ demeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars and not exceeding three hundred dollars. Section d. All acts or parts of acts inconsistent with the pro¬ visions of this act are hereby repealed. (5) 6 CHILD LABOR ACT OF MAY 13, 1915. (Pamphlet Laws, page 286. No. 177.) AN ACT To provide for the health, safety, and welfare of minors: By forbidding their em¬ ployment or work in certain establishments and occupations, and under certain specified ages; by restricting their hours of labor, and regulating certain condi¬ tions of their employment; by requiring employment certificates for certain minors, and prescribing the kinds thereof, and the rules for the issuance, reissuance, filing, return, and recording of the same; by providing that the Industrial Board shall, under certain conditions, determine and declare whether certain occupa¬ tions are within the prohibitions'of this act; requiring that certain minors shall, during the period of their employment, attend certain schools, to be established as therein provided, and to be approved by the State Superintendent of Public Instruction, and regulating the conditions of such attendance; authorizing the State Board of Education, in certain cases, to appoint attendance officers to aid in enforcing the provisions of this act, and creating the salary and expenses of such officers a charge against the school district wherein they are employed; requiring certain abstracts and notices to be posted; providing for the enforcement of this act by the Commissioner of Labor and Industry, the attendance officers of school districts, and police officers; and defining the procedure in prosecutions thereunder, and establishing certain presumptions in relation thereto; providing penalties for the violation of the provisions thereof; and repealing all acts or parts of acts inconsistent therewith. Section 1. Be it enacted, &c., That wherever the term “establish¬ ment” is used in this act, it shall mean any place within this Com¬ monwealth where work is done for compensation of any kind, to whomever payable: Provided, That this act shall not apply to chil¬ dren employed on the farm, or in domestic service in private homes. The term “person” when used in this act, shall be construed to in¬ clude any individual, firm, partnership, unincorporated association, corporation, or municipality. The term “week” when used in this act, shall mean any consecutive seven days. The term “minor,” when used in this act, shall mean any person under twenty-one years of age. Wherever the singular is used in this act the plural shall be included, and wherever the masculine gender is used the feminine and neuter shall be included. Section 2. No minor under fourteen years of age shall be employed or permitted to work in, about, or in connection with, any establish¬ ment or in any occupation. Section 3. It shall be unlawful for any person to employ any minor between fourteen and sixteen years of age, unless such minor, shall, during the period of such employment, attend, for a period or periods, equivalent to not less than eight hours each week, a school approved by the 'State Superintendent of Public Instruction. The school aforesaid may be conducted in the establishment where said minor is employed, or in a public school building, or in such other place, either in the district in which said minor is employed or in any joint school authorized by section eighteen hundred and one (180i) of article eighteen (18) of an act, approved May the eigh¬ teenth, nineteen hundred and eleven (1911), entitled “An act to establish a public school system in the Commonwealth of Pennsyl¬ vania, together with the provisions by which it shall be administered, and prescribing penalties for the violation thereof; providing revenue to establish and maintain the same, and the method of collecting such revenue; and repealing all laws, general, special or local, or any 7 parts thereof, that are or may be inconsistent therewith,” as the board of school directors of the school district in which said minor is employed may designate: Provided, however, That such school shall be within reasonable access to said place of employment. Any school aforesaid shall be part of the public school system of the school district wherein said minor is employed, or of the school district or districts where said minor attends. The school hours shall not be on Saturday; nor before eight o’clock in the morning, nor after five o’clock in the afternoon, of any other day. Every per¬ son who shall employ any said minor shall notify the officer by whom the employment certificate, as hereinafter provided for the said minor, shall have been issued, within four days after said minor shall have entered his employment, of the name and location of the school at which said minor should be in attendance, and of the hours which said minor should attend said school during the continuance of said employment: Provided, That this section shall not be effec¬ tive in any school district until there has been established, within said school district in which said minor is employed, or within reasonable access to said place of employment in an adjoining dis¬ trict, such a school. Section 4. No minor under sixteen years of age shall be per¬ mitted to work in, about, or in connection with any establishment, or in any occupation, for more than fifty-one hours in any one week, or more than nine hours in any one day, or before six o’clock in the morning, or after eight o’clock in the evening, of any day. In com¬ puting the maximum number of hours per day or per week permitted under this act, the hours spent in school by said minor shall be con¬ sidered as part of the working day or working week. Section 5. No minor under sixteen years of age shall be employed or permitted to work in operating or assisting in operating any of the following machines, which, for the purposes of this act, are con¬ sidered dangerous: Paper-lace machines, job or cylinder printing presses operated by other than foot-power; stamping machines used in sheet metal and tinware or in paper or leather manufacturing, or in washer and nut factories; metal or paper cutting machines; cor¬ rugating rolls, such as are used in making corrugated paper, or in roofing or washboard factories; dough-brakes, or cracker machinery of any description; wire or iron straightening or drawing machin¬ ery; rolling-mill machinery; power punches or shears; washing or grinding or mixing machinery; calendar-rolls in paper and rubber manufacturing, or other heavy rolls driven by power; laundering machinery; upon or in connection with any dangerous electrical machinery or appliances. Nor shall any minor under sixteen years of age be employed or permitted to work, in any capacity, in adjust¬ ing or assisting in adjusting any belt to any machinery, or in proximity to any hazardous or unguarded belts, machin¬ ery, or gearing, while the same is in motion; nor on scaffolding; nor in heavy work in the building trades; ' nor in stripping, assorting, or manufacturing tobacco; nor in any tunnel; nor in a public bowling-alley; nor in a pool or billiard-room; nor in the manu¬ facture of paints, colors, or white-lead; nor in any capacity in pre¬ paring compositions in which dangerous leads or acids are used; nor in the manufacture or use of dangerous or poisonous dyes; nor upon any railroad, steam, electric or otherwise; nor upon any boat 8 engaged in the transportation of passengers or merchandise; nor in operating motor-vehicles of any description; nor in any anthracite or bituminous coal-mine, or in any other mine; nor about blast¬ furnaces; nor in or about any distillery, brewery, or any establish¬ ment where alcoholic liquors are manufactured or bottled. No minor under eighteen years of age shall be employed or per¬ mitted to work in the operation or management of hoisting ma¬ chines, in oiling or cleaning machinery, in motion; in the operation or use of any polishing- or buffing-wheel; at switch-tending, at gate¬ tending, at track-repairing; as a brakeman, fireman, engineer, or motorman or conductor, upon a railroad or railway; as a pilot, fireman, or engineer upon any boat or vessel ; in or about establish¬ ments wherein gunpowder, nitro-glycerine, dynamite, or other high or dangerous explosive, is manufactured or compounded; as a chauf¬ feur of an automobile or an aeroplane. No minor shall be employed or permitted to work in, or in con¬ nection with, any saloon or bar-room where alcoholic liquors are sold. In addition to the foregoing, it shall be unlawful for any minor under eighteen years of age to be employed or permitted to work in any other occupation dangerous to the life or limb, or injurious to the health or morals, of the said minor, as such occupations shall, from time to time, after public hearing thereon, be determined and declared by the Industrial Board of the Department of Labor and Industry: Provided, That if it should be hereafter held by the courts o^ this Commonwealth that the power herein sought to be granted to the said board is for any reason invalid, such holding shall not be taken in any case to affect or impair the remaining provisions of this section. Section 6. No minor shall be permitted to work as messenger for a telephone, telegraph, or messenger company, in the distribution, collection, transmission, or delivery of goods or messages, before six o’clock in the morning or after eight o’clock in the evening of any day. Section 7. No male minor under twelve years of age, and no fe¬ male minor, shall distribute, sell, expose, or offer for sale any news¬ paper, magazine, periodical, or other publication, or any article of merchandise of any sort, in any street or public place. No male minor under fourteen years of age, and no female minor, shall be suffered, employed, or permitted to work at any time as a scavenger, bootblack, or in any other trade or occupation performed in any street or public place. No male minor under sixteen years of age, and no female minor, shall engage in any occupation mentioned in this section before six o’clock in the morning, or after eight o’clock in the evening, of any day. Section 8. Before any minor under sixteen years of age shall be emnloyed, permitted, or suffered to work in, about, or in connection with, any establishment, or in any occupation, the person employ¬ ing such minor shall procure and keep on file, and accessible to any attendance officer, deputy factory inspector, or other authorized inspector or officer charged with the enforcement of this act, an employment certificate as hereinafter provided, issued for said minor. 9 Section 9. Employment certificates shall be issued only by the following officials, for children residing within their respective pub¬ lic school districts: In public school districts having a district su¬ perintendent or supervising principal, by such superintendent or supervising principal; in school districts having no district super¬ intendent or supervising principal, by the secretary of the board of school directors of that district: Provided, That any district super¬ intendent, supervising principal, or secretary of the board of school directors, .hereby authorized to issue such certificates, may authorize and deputize, in writing, any other schooj. official to act in his stead for the purpose of issuing such certificates. All employment cer¬ tificates shall be forwarded by mail, by the issuing officer to the pro¬ spective employer of the minor for whom the employment certifi¬ cate is issued. Section 10. Application for the employment certificate must be made, in person, by the parent, guardian, or legal custodian of the minor for whom such employment certificate is requested; or, if said minor have no parent, guardian, or legal custodian, then by the next friend, who must be over twenty-one years of age; and no em¬ ployment certificate shall be issued until the said minor has per¬ sonally appeared before, and been examined by, the officer issuing the certificate. Section 11. Employment certificates shall be of two classes,— general employment certificates and vacation employment certifi¬ cates. General employment certificates shall entitle the minor, fourteen to sixteen years of age, to work during the entire year. Vacation employment certificates shall entitle the minor, fourteen to sixteen years of age, to work on any day, except on such days as such minor is required to attend school, under the provisions of the laws now in force or hereafter enacted. Section 12. The official authorized to issue a general employment certificate shall not issue such certificate until he has received, ex¬ amined, approved, and filed the following papers, namely: — a. A statement signed by the prospective employer, or by some one duly authorized on his behalf, stating that he expects to give such minor present employment, and setting forth the character of the same, and the number of hours per day and per week which said minor will be employed; b. A school record, as hereinafter provided; c. A certificate of physical fitness, as hereinafter provided; d. Proof of age, as hereinafter provided. Section 13. For the issuance of a general employment certificate, the school record required by this act shall be filled out and signed by the principal of the school which the minor has last attended, or by some one duly authorized by him, and shall be furnished to any minor who may be entitled thereto. It shall certify that the said minor has completed a course of study equivalent to six yearly grades of the public school, in the English language, spelling, read¬ ing, arithmetic, geography, and history of the United States. Such school record shall also give the full name, date of birth, and resi¬ dence of minor, and the name and residence of the parent, guardian, or custodian, as shown in the records of the school. 10 Section 14. The certificate of physical fitness required by this act shall be signed by a physician, approved by the board of school directors of the school district in which said minor resides, and shall state that the said minor has been thoroughly examined by the said physician at the time of the application for an employ¬ ment certificate, and is physically qualified for the employment specified in the statement of the prospective employer. In any case where the said physician shall deem it advisable, he may issue a certificate of physical fitness for a limited time; at the expiration of which time the holder shall again appear, and submit to a new examination, before being permitted to continue at work. Section 15. The evidence of age required by section twelve of this act shall consist of one of the following proofs of age, which shall be required in the order herein designated:— a. A duly attested transcription of the birth certificate, filed according to law with a registrar of vital statistics, or other officer charged with the duty of recording birth; or, b. A baptismal certificate or transcript of the record of baptism, duly certified, and showing the date of birth; or, c. A passport showing the age of the immigrant; or, d. In case none of the aforesaid proofs of age shall be obtainable, and only in such case, the issuing officer may accept, in lieu thereof, any other documenetary record of age (other than a school record or an affidavit of age), or transcript thereof, duly certified, which shall appear to the satisfaction of the issuing officer to be good and sufficient evidence of age; or, e. In case none of the aforesaid proofs of age shall be obtain¬ able, and only in such case, the issuing officer may accept, in lieu thereof, the signed statement of the physician, approved by the board of school directors, stating that, after examination, it is the opinion of such physician that the minor has attained the age re¬ quired by law for the occupation in which he expects to engage. Such statement shall be accompanied by an affidavit, signed by the minor’s parent, guardian, or custodian, or, in case he shall have no parent, guardian, or custodian, by his next friend, certifying to the name, date, and place of birth of the minor, and that the parent, guardian, custodian, or next friend, signing such statement, is un¬ able to produce any of the proofs of age specified in the preceeding subdivisions of this section. Section 16. The official authorized to issue a vacation employ¬ ment certificate shall not issue such certificate until he shall have received and filed the following papers, duly executed, namely:— a. A statement signed by the prospective employer, or by some¬ one duly authorized on his behalf, stating that he expects to give such minor .present employment, and setting forth the character of the same, and the number of hours per day and per week which said minor will be employed; b. A certificate of physical fitness, as provided in section four¬ teen of this act; c. Evidence of age, showing that the said minor is fourteen years of age or upwards, which evidence of age shall be of similar character to the evidence heretofore specified in section fifteen of this act. 11 Section 17. It shall be the duty of every person who shall employ any minor under sixteen years of age to acknowledge, in writing, to the official is.suing the same, the receipt of the employment certi¬ ficate of said minor, within three days after the beginning of such employment. On termination of the employment of a minor under sixteen years of age, the employment certificate issued for such minor shall be returned by mail, by the employer, to the official issuing the same, immediately upon demand of the minor for whom the certificate was issued, or, otherwise, within three days after termination of said employment. The official to whom said certifi¬ cate is so returned shall file said certificate and preserve the same. Any minor whose employment certificate has been returned, as above provided, shall be entitled to a new employment certificate upon presentation of a statement from the prospective employer, as hereinabove provided, accompanied by a certificate of physical fitness, issued in the manner hereinabove provided and based upon a re-examination of said minor, and certifying that the minor is physically able to undertake the work for which the new employ¬ ment certificate is to be issued. Section 18. All employment certificates shall be issued on forms supplied by the State Superintendent of Public Instruction, and shall contain the name and address of the prospective employer, and the nature of the occupation in which said minor is expected to en¬ gage; and no certificate shall be valid excepting in the hands of the employer so named, and for the occupations so designated; and shall state the name, sex, date, and place of birth, place of residence, color of hair and eyes, and any distinguishing physical characteristics of the minor for whom it shall be issued. It shall certify that the minor named has personally appeared before the issuing officer, and has been examined; and that all the papers required by law have been duly examined, approved and filed; and that all the conditions and requirements for issuing an employment certificate have been fulfilled. Every certificate shall be signed, in the presence of the issuing officer, by the minor for whom it shall be issued. The certi¬ ficate shall bear a number, shall show the date of its issue, and shall be signed by the issuing officer. Vacation employment certificates shall be of a color different from the general employment certifi¬ cates, and shall bear across their face the legend “Vacation Employ¬ ment Certificate.” Section 19. Whenever a certificate shall be refused to any minor, the school record issued to such minor shall be forwarded, by the official refusing to issue the certificate, to the principal of the school which said minor shall attend, or to the compulsory attend¬ ance officer. Section 20. Whenever the State Superintendent of Public In¬ struction cannot secure effective enforcement of the foregoing pro¬ visions of this act, in any school district, he is hereby authorized and required to report that fact to the State Board of Education. Tn such case the State Board of Education is authorized and required to secure such enforcement by appointing attendance officers in such districts. The salary and expenses of such attendance officers shall be a charge against said district where said attendance officers are actually employed, and shall be deducted from any State moneys appropriated to said district for school purposes. 12 Section 21, It shall be the duty of every person who shall em¬ ploy any minor, under the age of sixteen years, to post and keep posted, in a conspicuous place in every establishment wherein said minor is employed, permitted or suffered to work, a printed copy of the sections of this act relating to the hours of labor, and a list or lists of all minors employed under the age of sixteen years. Such copies of the sections of this act and blanks for compliance with the provisions shall be prepared by the Department of Labor and In¬ dustry, and be furnished by it on application of such employer. Every person employing minors under sixteen years of age shall furnish the employment certificates and lists, provided for in this act, for inspection, to attendance officers, factory inspectors, or other authorized inspectors or officers charged with the enforcement of this act. Section 22. Whenever any minor shall be employed or permitted to work in any establishment or at any occupation, who, in the judgment of any officer charged with the enforcement of this act, is under the legal age for such work, or is working at a time forebid- den by law for such minor; or whenever any minor shall be em¬ ployed or permitted to work in, or in connection with, any establish¬ ment, who, in the judgment of any officer charged with the enforce¬ ment of this act, is under sixteen years of age, and for whom the person employing or permitting such minor to work shall not have on file an employment certificate; such officer may demand from the person employing or permitting such minor to work that he shall either furnish to such officer, within ten days, evidence of age, as defined in section fifteen of this act, that such minor is in fact of legal age for the work in which he is engaged, or over, or sixteen years of age or over, as the case shall be, or shall cease to employ or permit such minor to work as aforesaid: Provided, That such person, by thus ceasing to employ or permit such minor to work, shall not be relieved from any of the fines or penalties provided in this act for the employment or work of a minor contrary to law. In case such person shall fail to furnish to said officer, within ten days after the making of such demand, the required evidence of age, and shall thereafter employ such minor or permit him to work as aforesaid, proof of the making of such demand and of failure to pro¬ duce the evidence required shall be prima facie evidence of the illegal employment of such minor, in any prosecution brought therefor. Section 23. Any person, or any agent or manager for any person, who shall violate any of the provisions of this act, or who shall compel or permit any minor to violate any of the provisions of this act, or who shall hinder or delay any officer in the performance of duty in the enforcement of this act, shall, upon conviction thereof, be sentenced to pay a fine of not less than ten ($10.00) dollars nor more than two hundred ($200.00) dollars, or to undergo an im¬ prisonment of not more than ten days, or both, at the discretion of the court. Section 24. It shall be the duty of the Commissioner of Labor and Industry, the attendance officers of the various school districts, and the police of the various cities, boroughs, and townships of this Commonwealth, to enforce the provisions of this act. Prosecutions ( for violations of this act may be instituted by any factory inspector, 13 attendance officer, or police officer, upon oath, or affirmation. All prosecutions for violations of this act shall be in the form of a sum¬ mary criminal’ proceedings, instituted before a magistrate, aider- man, or justice of the peace within a school district wherein the offense was committed. Upon conviction, after a hearing, the sen¬ tences provided in this act shall be imposed. All fines collected under this act shall be paid into the State Treasury, for the use of the Commonwealth. Section 25. All acts or parts of acts inconsistent herewith be, and the same are hereby, repealed. Section 26. This act shall take effect on the first day of January, Anno Domini nineteen hundred and sixteen (1916). DEPARTMENT OF LABOR AND INDUSTRY GENERAL DEPARTMENT ACT OF JUNE 2, 1913. ADMINISTRATIVE DETAILS OMITTED (Pamphlet Laws, page 396. No. 267.) AN ACT Creating a Department of Labor and Industry; defining its powers and duties; establishing an Industrial Board; providing for the appointment of a Commis¬ sioner of Labor, inspectors, statisticians, clerks, and others to enforce the pro¬ visions of this act, and providing salaries for the same; prescribing a standard of reasonable and adequate protection to be observed in the rooms, buildings, and places where labor is employed; empowering the said Industrial Board to make, alter, amend, and repeal rules and regulations relating thereto; transferring the powers and duties of the Department of Factory Inspection to the Department of Labor and Industry, and abolishing the Department of Factory Inspection; and providing a penalty for the violation of the provisions of this act, or the rules and regulations of the said board. Section 1. Be it enacted, &c., That there is hereby established a Department of Labor and Industry, the head of which shall be a Commissioner of Labor and Industry, who shall be appointed by the Governer, by and with the consent of the Senate, and who shall hold office for the term of four years from the date of his appoint¬ ment, and who . . . shall appoint, and may at pleasure remove, all officers, clerks, and other employes of the Department of Labor and Industry, except as herein otherwise provided. Section 2. The Commissioner of Labor and Industry shall forth¬ with appoint, upon entering upon the duties of his office, one Chief Inspector of the Department of Labor and Industry, . . . who shall, during the absence or disability of the Commissioner of La¬ bor and Industry, possess all the powers and perform all the duties of the said commissioner, except the power to make appointments, and who, in addition to his duties prescribed by this act, shall per¬ form such other duties and possess such other powers as the Com¬ missioner of Labor and Industry shall prescribe. Section 3—omitted. Section 4. The Department of Labor and Industry shall be divided into three bureaus, as follows:— 1. Bureau of Inspection; 2. Bureau of Statistics and Information; 3. Bureau of Arbitration,— 14 together with such other bureaus as the Commissioner of Labor and Industry may deem necessary, and shall, with the consent of the Governor, from time to time, establish. [See also Act of June 4, 1915, hereafter, creating Bureau of Em¬ ployment.] Section 5. The Commissioner of Labor and Industry shall es¬ tablish and maintain branch offices in the cities of Philadelphia and Pittsburgh, and in such other cities of the Commonwealth as he may deem advisable. Such branch offices shall, subject to the super¬ vision and direction of the Commissioner of Labor and Industry, be in immediate charge of such officers or employes as the said Com¬ missioner may designate; and the reasonable and necessary expenses of such officers shall be paid as are the other expenses of the Depart¬ ment of Labor and Industry. Sections 6 and 7—omitted. Section 8. The Commissioner of Labor and Industry shall, from time to time, divide the State into districts; and shall assign to such districts such inspectors and supervising inspectors as may, in his judgment, appear expedient; and shall, from time to time, assign and transfer such inspectors from one district to any other district, or to special duty in any bureau of the said department; and may assign an inspector to inspect any special class of factories or es¬ tablishments, and may assign one or more of them to act as clerks in any office of the department. The Commissioner of Labor and Industry shall visit and inspect, or cause to be visited and inspected, during reasonable hours and as often as practicable, every room, building, or place, where and when any labor is being performed which is affected by the provisions of any law of this Commonwealth or of this act, and shall cause to be enforced therein the provisions of all such existing laws and of this act, and the rules and regulations of the Industrial Board herein¬ after provided for. The Commissioner of Labor and Industry and all inspectors may, in the discharge of their duties, enter any such place, building, or room, whenever they have reasonable cause to believe that any such labor is being or will be performed therein. Section 9. The inspectors of the third grade shall, together with the Chief Medical Inspector, hereinabove provided for, inspect all rooms, buildings, and other places subject to the provisions of this act, throughout the State, with respect to the conditions of work affecting the health of persons employed therein, and shall perform such other duties and render such other service as the Commis¬ sioner of Labor and Industry shall direct. Section 10. The inspectors of the fourth grade shall constitute a division of industrial hygiene, which shall be under the immediate charge of the Commissioner of Labor and Industry. The members of the division of industrial hygiene shall make special inspections of factories and mercantile establishments, and all rooms, buildings or other places subject to the provisions of this act; and shall con¬ duct special investigations, throughout the Commonwealth of Penn¬ sylvania, relative to industrial processes and conditions. The mem¬ bers of such division shall prepare material for leaflets and bulle- 15 tins, calling attention to dangers in particular industries and the precautions to be observed to avoid them, and shall perform such other duties and render such other services as may be required by the Commissioner of Labor and Industry. Each member of said division shall make an annual report to the Commissioner of Labor and Industry, which shall be transmitted to the Legislature as part of the annual report of said Commissioner. Bureau of Statistics and Information. Section 11. It shall be the duty of said bureau to keep in touch with labor in the Commonwealth, especially in relation to commercial, in¬ dustrial, physical, educational, social, moral, and sanitary conditions of wage-earners of the Commonwealth, and to the productive indus¬ tries thereof; also, to collect, assort, publish, and systematize the details and general information regarding industrial accidents and occupational diseases, their causes and effects, and the methods of preventing and remedying the same, and of providing compensation therefor; also, to make inquiry and investigation into the condition^ welfare, and industrial opportunities of all aliens arriving and being within the State, and to gather information with respect to the supply of labor afforded by such aliens, and ascertain the occupa¬ tions for which such aliens may be best adapted, and to bring about communication between the aliens and the several industries re¬ quiring labor; and to collect, assort, and publish statistical details and general information relative thereto. The chief, or duly authorized deputy, shall have power to issue subpoenas, administer oaths, and take testimony in all matters re¬ lating to the duties herein required of said bureau. Any corpora¬ tion, firm, or individual doing business within the Commonwealth, who shall neglect or refuse for thirty days to answer questions by circular or upon personal application, or who shall refuse to obey the subpoena and give testimony according to the provisions of this act, shall be liable to a penalty of one hundred dollars, to be col¬ lected by order of the Commissioner of Statistics in an action of debt, in which the Commonwealth of Pennsylvania shall be plaintiff. This bureau shall also be required to collect, compile, and publish annually, the productive statistics of manufacturing, commercial, and other business interests of the State. [See also Act of June 1, 1915, hereafter, creating Division of Mu¬ nicipal Statistics]. Industrial Board. Section 12. There is hereby created and established in the De¬ partment of Labor and Industry an Industrial Board, to consist of the Commissioner of Labor and Industry, and four additional mem¬ bers, to be appointed by the Governor, by and with the consent of the Senate,—one of whom shall be an employer of labor, one a wage-earner, and one a woman. The said additional members shall be designated by the Governor to serve until the first day of Janu¬ ary in the years one thousand nine hundred and fifteen, one thou¬ sand nine hundred and sixteen, one thousand nine hundred and 16 seventeen, and one thousand nine hundred and eighteen, respec¬ tively. Upon the expiration of each of the said terms, the term of office of each associate member thereafter appointed shall be four years, from the first of January. The Commissioner of Labor and Industry shall be the chairman of the said board. Vacancies shall be filled by appointment, for an unexpired term, in the same manner as provided for the appointments of the previous holders of the office in which said vacancy occurs. The Commissioner of Labor and Industry shall receive no addi¬ tional compensation for services as member of the said board. . . . The board shall appoint, and may remove, a secretary, who shall receive a salary to be fixed by the board. The Commissioner of La¬ bor and Industry shall detail, from time to time, to the assistance of said board, such employes of the Department of Labor and In¬ dustry as the board may require. In aid of its work, and said board is empowered to employ experts for special and occasional services. The counsel to the Department of Labor and Industry shall act as counsel to the board, without additional compensation. The board shall hold stated meetings, which shall be open to the public, at least once a month during the year, and shall hold other meetings at such times and places as may be necessary. Such meet¬ ings shall be called by the chairman or majority of the board. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, and records of its examination and other official action. Section 13. The Industrial Board shall have the power to make investigations concerning, and report upon, all matters touching the enforcement and effect of the provisions of all laws of the Com¬ monwealth, the enforcement of which shall now and hereafter be imposed upon the Department of Labor and Industry, and the rules and regulations made by the Industrial Board in connection there¬ with; and to subpoena and require the attendance in this Common¬ wealth of all witnesses, and the production of books and papers pertinent to the said investigation, and to examine them and such public records as it may require in relation to any matter which it has power to investigate. Any witness who refuses to obey a sub¬ poena of the said board, as hereinabove provided for, or who, re¬ fuses to be sworn or to testify, or who fails or refuses to produce any books, papers, or documents touching any matter under investi¬ gation or examination by the said board, or who is guilty of any contempt after being summoned to appear before the said board as above provided, may be punished as for contempt of court; and, for this purpose, application may be made to any court within whose territorial jurisdiction the said contempt took place, and for which purpose the courts of the common pleas of this Common¬ wealth are hereby given jurisdiction. In the course of such investi¬ gation each member of said board shall have power to administer oaths. Each member shall have the further power to make personal investigations of all establishments in this Commonwealth where labor is employed. Section 14. All rooms, buildings, and places in this Common¬ wealth where labor is employed, or shall hereafter be employed, shall be so constructed, equipped, and arranged, operated and con- 17 ducted, in all respects, as to provide reasonable and adequate pro¬ tection for the life, health, safety, and morals of all persons em¬ ployed therein. For the carrying into effect of this provision, and the provisions of all the laws of this Commonwealth, the enforce¬ ment of which is now or shall hereafter be entrusted to or imposed upon the Commissioner or Department of Labor and Industry, the Industrial Board shall have power to make, alter, amend, and re¬ peal general rules and regulations necessary for applying such pro¬ visions to specific conditions, and to prescribe means, methods, and practices to carry into effect and enforce such provisions. Section 15. The rules and regulations of the Industrial Board, and the amendments and alterations thereof, may embrace all mat¬ ters and subjects to which power and authority of the Department of Labor and Industry extends, and shall be distributed to all ap¬ plicants. Every rule or regulation adopted by the board shall be promptly published in bulletins of the Department of Labor and Industry, and in such daily newspapers as the board may prescribe, and no such rule or regulation shall take effect until thirty days after such publication. Any employer, employe, or other person in¬ terested, either because of ownership in or occupation of any prop¬ erty affected by any such order or regulation, or otherwise, may petition for a hearing on the reasonableness of a rule or regulation. Such petition for hearing shall be by verified petition, filed with the said Industrial Board, setting out specifically and in full detail the rule or regulation upon which a hearing is desired, and the reasons why such rule or regulation is deemed to be unreasonable. All hear¬ ings of the board shall be open to the public. Upon receipt of such petition, if the issues raised in such petition have theretofore been adequately considered, the Industrial Board shall determine the same by confirming, without hearing, its previous determination; or, if such hearing is necessary to determine the issue raised, the Industrial Board shall order a hearing thereon, and consider and determine the matter or matters in question at such time as shall be prescribed. Notice of the time and place of such hearing shall be given to the petitioner, and to such other persons as the Industrial Board may find directly interested in such decision. Section 16. Every person who violates any of the provisions of this act, or any of the rules or regulations of the Industrial Board, or who resist or interfere with any officer or agent of the Depart¬ ment of Labor and Industry in the performance of his duties in ac¬ cordance with the said rules and regulations, shall be deemed guilty of a misdemeanor; and shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100.00), or by im¬ prisonment not exceeding one month, or both, at the discretion of the court. Section 17. There shall be created in the Department of Labor and Industry a Bureau of Mediation and Arbitration, the head of which shall be a chief of bureau, . . . Section 18. Whenever a difference arises between an employer and his employes, which cannot be readily adjusted, the chief of the bureau shall proceed promptly to the locality thereof, and endeavor by mediation to effect an amicable settlement of the controversy. If such settlement cannot be effected, the dispute may be arbitrated 2 18 by a board composed of one person selected by employer, and one person selected by employes, and a third who shall be selected by the representatives of the employer and the employes; and such third member of the board shall be selected and appointed within a period of five days after the matter has been submitted for arbitration, and, in the event of any such appointment or selection not being made within a period of five days, then the Chief of the Bureau of Mediation and Arbitration shall constitute the third member of the board, and be the chairman of the board; and if such third repre¬ sentative is chosen, by the two representatives of the employer and employe, within five days, then a chairman of the board shall be established by the board itself. A submission to the board shall be made in writing, and the parties thereto shall agree to abide by^the determination of the board. Said board shall render a written de¬ cision within ten days after the completion of the investigation, one copy thereof to be filed in the bureau, and a copy to be furnished each party to the controversy. The chief of the bureau shall make an annual report of his work, containing such information as the Commissioner of Labor and Industry may request. Section 19. The Commissioner of Labor and Industry may as¬ sign to this bureau, from his department, such clerical assistance as, from time time, he may think necessary. Section 20. In addition to their respective salaries, as herein¬ above provided, the commissioners, inspectors, and other officers of the Department of Labor and Industry, shall receive the expenses actually and necessarily incurred in the performance of their official duties; which expenses, together with all other necessary expenses under the provisions of this act, shall, after the approval in writing by the Governor and the Commissioner of Labor and Industry, be paid by the State Treasurer, upon warrant of the Auditor General, in the manner now provided by law. Section 21. Upon requisition of the Commissioner of Labor and Industry, the Board of Public Grounds and Buildings shall furnish suitable accommodations in the State Capitol building for the use of this department. Section 22. Upon requisition of the Commissioner of Labor and Industry, and order of the Superintendent of Public Printing and Binding, the State Printer shall do the printing and binding neces¬ sary for the proper performance of the duties of this department. Section 23. All of the powers and duties now by law vested in and imposed upon the Department of Factory Inspection, which is hereby abolished, are now hereby vested in the Department of La¬ bor and Industry. Section 24. This act shall take effect on and after the first day of June, one thousand nine hundred and thirteen. Section 25. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. 19 DEPARTMENT OF LABOR AND INDUSTRY ACT OF JUNE 4, 1915, CREATING DIVISION OF MUNICIPAL STATISTICS. ADMINISTRATION DETAILS OMITTED (Pamphlet Laws, page 689. No. 314) AN ACT Creating a Division of Municipal Statistics and Information in the Department of Labor and Industry, and fixing the compensation of officers and employes therein. Section 1. Be it enacted, &c., That the Commissioner of Labor and Industry is hereby authorized to establish in said department, in the Bureau of Statistics and Information, a Division of Munici¬ pal Statistics and Information. The said division shall gather, classify, index, and make available statistical and other informa¬ tion, from any and every source, that may be helpful in improving the methods of administration in the several municipalities of the Commonwealth. Section 2. The Commissioner of Labor and Industry is hereby authorized to employ a municipal statistician, who, in his judgment, shall be qualified to perform the duties herein described, . . . . and a stenographer and typewriter to assist said statistician in the performance of his duties, .... Section 3. It is hereby made the duty of every city or borough official to furnish such information as may be requested by the chief of the Bureau of Statistics and Information, or his duly authorized deputy. DEPARTMENT OF LABOR AND INDUSTRY ACT OF JUNE 4, 1915, CREATING BUREAU OF EMPLOYMENT. ADMINISTRATION DETAILS OMITTED (Pamphlet Laws, page 833. No. 373.) AN ACT Establishing under the Department of Labor and Industry a system of regulation of employes and of persons seeking employment; and prescribing, as incidental thereto, certain duties of employers, and of county, municipal, townships, and school authorities, and of agencies procuring employes for others; and prescribing penalties. Definitions. Section 1. Be it enacted, &c., That the term “bureau,” as used in this act, shall mean Bureau of Employment. The term “commissioner” shall mean the Commissioner of Labor and Industry. 20 The term “board” shall mean the Industrial Board of the Depart¬ ment of Labor and Industry. The term “local offices” shall mean local, free, public employment offices. Bureau of Employment. Section 2. A Bureau of Employment shall be established in the Department of Labor and Industry. The central office of the bureau shall be located in the city of Harrisburg. Director. Section 3. The commissioner shall appoint a director, who shall be subject to the direction and supervision of the commisisoner. Sections 4 and 5—omitted. .. \ Powers and Duties of the Director. Section 6. The director shall bring into communication employ¬ ers seeking employes and persons seeking employment; prescribe rules and regulations for the administration and operation of all public and private employment offices; investigate the circulation of information and statements regarding employment and labor conditions, for the purpose of preventing fraud and improper prac¬ tices; ascertain the extent and causes of unemployment and the remedies therefor; devise and recommend (in the form of bills, or otherwise) means and methods for the prevention of unemployment and distress from involuntary idleness; and co-operate with any person or authority whatsoever in carrying out the full intent and purposes of this act. Sections 7, 8 and 9—omitted. District Branch Offices. Section 10. The State may be divided into districts, and district branch offices may be established by the commissioner as he may deem necessary and advisable. Local, Free, Public Employment Offices. Section 11. The director may enter into an agreement with any county, city, borough, town, or township for the establishment and joint maintenance of local offices. All county, city, borough, town, or township executives shall report to the director, from time to time, the general conditions of employment, the demands of em¬ ployers for employes, the demands of employes for employment, and the existence of industrial disputes, strikes, and lock-outs, in their respective districts, and shall cause to be posted any bulletins or notices of the bureau pertaining to the purposes of this act. Any county, city, borough, town, or township may appoint the superin¬ tendent of the nearest district branch office to fill the office of super¬ intendent of employment. Powers and Duties of the Industrial Board. Section 12. The board shall,— (a) Devise plans and take steps toward the regularization of employment in the industries and seasonal trades of the State. 21 (b) Investigate the feasibility of, and induce the State, counties, cities, boroughs, towns, and townships to undertake, public improve¬ ments during the periods of unemployment. (c) Oo-operate with any persons, employer, official, association, or organ of the press whatsoever, for the accomplishment of the aforesaid purposes; appoint sub-committees for juveniles, farm laborers, and for other purposes; and the membership of these sub¬ committees may be enlarged to include persons outside the board, but each sub-committee must be presided over by a member of the board. Kepresentative Councils. Section 13. Each district and local office shall have a representa¬ tive council, appointed by the commissioner. The council shall con¬ sist of six members, one of whom shall be a woman, and all of whom are citizens of the United States and of the State, and resi¬ dents of the district where the council is to serve. One member shall be an employer, not a member of any employers’ association; two members shall be representatives of employers’ organizations; one member shall be a working person, not a member of any or¬ ganization of working people, and two shall be representatives of organizations of working people. The commissioner shall designate one from the employers and one from the employes, to serve for a period of two years; one from each group, to serve for a period of four years; and one from each group, to serve for a period of six years. Upon the expiration of said terms, the term of office of each member thereafter appointed shall be for a term of six years, except that any member appointed to fill a vacancy shall serve for the unex¬ pired term thereof. The commissioner and the director shall be ex-officio members of each council. The superintendent in charge of a district shall be chairman of the council for his district, and in case of his inability to be present at any meeting the director or the commissioner may act as chairman. The actual and necessary traveling expenses incurred by mem¬ bers of district representative councils, while engaged in the per¬ formance of their duties, shall be paid by the State. Duties of Councils. Section 14. The council in each district shall,— (a) Devise methods and take steps toward the regularization of employment in the various industries and seasonal trades of the district. (b) Devise plans and take steps to promote public improvements by municipalities within the district, during seasons of unemploy¬ ment. (c) Co-operate with any person, employer, association, or or¬ gan of the press in accomplishing the aforesaid purposes. (d) Appoint sub committees to deal specially with any subject which the council has power to investigate or act upon, but each sub committee shall be presided over by a member of the council. 22 (e) Hold meetings at least once each month, or oftener ir re¬ quired, for the accomplishment of the aforesaid purposes; such meetings to be called by the chairman of the council, or to be fixed at any regular meeting of the council. (f) Keep minutes of all meetings; submit copy of all minutes, records, and decisions; and report in full on all actions or proceed¬ ings to the director. No rule shall be prescribed or action taken by the council inconsistent with the action of the board. Free Services. Section 15. The bureau shall neither charge nor receive fees, di¬ rectly or indirectly, for any service or benefit rendered to those availing themselves of advantages provided. No official, employe, or person associated with the bureau in the performance of its duties shall charge, demand, accept, or receive, directly or indirectly, any fee, compensation, contribution, or gratuity for any service or duty performed as an official or employe of the bureau. Industrial Disputes, Strikes, Lock-outs, Et Cetera. Section 16. Each person applying for employes at any public employment office shall file, in such form and manner as the director may require, a signed statement affirming or denying the existence of an industrial dispute, strike, or lock-out at or in connection with the business or place of business for which such person is applying for help. Any citizen or employe may file at any public employment office a signed statement with regard to the existence of an industrial dis¬ pute, strike, or lock-out affecting any business or trade. Each state¬ ment filed shall be exhibited in the public employment office, but not until it has been communicated to the employes affected if filed by employers, or to the employers affected if filed by citizens or em¬ ployes. In case a reply to such a statement is received, it shall be exhibited together with the original statement, in the public em¬ ployment office; but no statement or reply thereto shall be so ex¬ hibited until it has been ascertained, upon investigation, that an industrial dispute, strike, or lockout does exist, at or in connection . with the business or place of business in question. No official of the bureau shall assist, in any manner whatsoever, any person, firm, association, or corporation who is a party to an industrial dispute, strike, or lock-out. Each person applying to any public employment office for help or employment shall give such information as the di¬ rector may require. Full Information. Section 17. It shall be the duty of the officer in charge of each public employment office, and of his assistants, to give full and complete information with regard to any position offered, and the terms and conditions relative thereto, to any person applying for such position; and to call the attention of such applicant to any statement, or reply thereto, with reference to the existence of any industrial dispute, strike, or lock-out affecting the business or trade in which the position is offered. 23 Discrimination. Section 18. No applicant for employment shall suffer any dis¬ qualification, or be otherwise prejudiced, at any public employment office on account of refusing to accept employment offered. The reliability and fitness of an applicant for the particular position which he is to fill shall always be taken into consideration in referr¬ ing him to an employer. No applicant procuring employment with any employer other than the State, through the medium of the bureau or its officials, shall be regarded in any sense as an employe or official of the State. Juveniles. Section 19. In case bureaus for vocational training and place¬ ment, or other similar bureaus, are established by local school authorities, the director shall co-operate with such bureaus in deal¬ ing with the employment of children between the ages of fourteen and eighteen years, in such manner as may be advisable. The direc¬ tor shall use all reasonable means to promote the establishment of bureaus for vocational training and placement, in connection with vocational education by public school authorities throughout the State. Until bureaus for vocational training and placement, or other similar bureaus, have been established by local public school authorities, for the purposes of directing, advising, and assisting children in the selection of suitable vocations, the director shall provide school principals and all public employment offices with special blank forms for the registration of all childreh having em¬ ployment certificates, as required by law, and leaving school law¬ fully in search of employment. Each child applying for employ¬ ment may register at a public or other approved school with the principal of such school; and the principals of public or other ap¬ proved schools are hereby authorized and required to register such applications for employment, to assist and advise each applicant in the selection of a vocation, in such manner as may be necessary, and to transmit immediately to the superintendent of the district branch office all applications for employment registered. The su¬ perintendent of each public employment office shall co-operate with the school principals in his district in endeavoring to secure suit¬ able positions for children leaving school lawfully to enter a voca¬ tion, and shall guide and induce minors to enter promising voca¬ tions; and each principal shall acquaint the teachers and pupils of his school with the purpose and functions of the public employment office in placing juveniles. Permit for Free Employment Agencies. Section 20. No provision of any section of this act shall be con¬ strued as applying to agents procuring 'employment for school teachers exclusively; nor to registries of any incorporated associa¬ tion of nurses; nor to departments or bureaus maintained by per¬ sons, firms, or corporations or associations, for the purpose of ob¬ taining help for themselves, where no fee is charged the applicant for employment, 24 Untrue Statements. Section 21. Any person wilfully making any untrue statement in applying to any public employment office shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one hundred dollars, or by imprisonment not ex¬ ceeding six months, or both, at the discretion of the court. Penalties. Section 22. Except as herein provided otherwise, any person who violates any of the provisions of this act shall be guilty of a misde¬ meanor, and on conviction thereof shall be punished by a fine of not more than one hundred dollars, or by imprisonment not exceed¬ ing one year, or both, at the discretion of the court. DEPARTMENT OF LABOR AND INDUSTRY EMPLOYMENT ACT OF JUNE 7, 1915. (Pamphlet Laws, page 888. No. 397.) AN ACT Regulating, through the Commissioners of Labor and Industry, the business of assisting employers to obtain employes, and persons to secure employment, in¬ cluding the business of collecting information to the same end, and prescribing penalties. Employment Agents. Section 1. Be it enacted, &c., That no employment agent shall hereafter conduct business for profit unless licensed to do so in accordance with the provisions of this act. Definitions. Section 2. The term “employment agent,” as used in this act, shall mean every person, co-partnership, association or corporation engaged in the business of assisting employers to secure employes, and persons to secure employment, or of collecting and furnishing information regarding employers seeking employes, and per¬ sons seeking employment: Provided, That no provision of any section of this act shall be construed as applying to agents pro¬ curing employment for school teachers exclusively; nor to regis¬ tries of any incorporated association of nurses; nor to departments or bureaus maintained by persons, firms, or corporations or asso¬ ciations, for the purpose of obtaining help for themselves, where no fee is charged the applicant for employment. The term “employment office” shall mean every office or place where the business of an employment agent is carried on. The term “commissioner” shall mean the Commissioner of Labor and Industry. 25 Application for License. Section 3. Application for a license may be made in person or by mail to.tbe commissioner, upon a blank furnished by the com¬ missioner, which shall be verified by oath or affirmation. The application must be accompanied by a fee of fifty dollars. The application must also be accompanied by a bond, to the use of the Commonwealth of Pennsylvania, in the penal sum of one thousand dollars, with two or more sureties or of a surety company approved by the commissioner, conditioned, among other things, upon the faithful observance by the employment agent of the pro¬ visions of this act, together with all rules and regulations issued thereunder; that the employment agent shall discharge all obliga¬ tions and pay all damages or loss which shall accrue to any per¬ son dealing with such employment agent, by reason of any contract or other obligation of such employment agent, or resulting from any fraud, deceit, excessive charges, misrepresentations, or other wrong¬ ful act of such employment agent or of his employes or agents, in connection with the business so licensed. Any person aggrieved may bring an action for the enforcement of said bond in any court of competent jurisdiction. Application as Evidence. Section 4. Applications, or a certified copy thereof, under the hand and seal of the commissioner, shall be received as evidence in any court to prove the facts contained therein. Renewal of Licenses. Section 5. Each license issued by the commissioner shall expire on the thirtieth day of September next following the day on which it was issued, and shall not be transferable. Refusal of Licenses. Section 6. The commissioner shall refuse to issue a license, if, upon investigation, he finds that the applicant is unfit to engage in the business, or has had a license or permit previously revoked, or that the business is to be conducted on or immediately adjoining unsuitable premises, or that any other good reason exists within the meaning of the law. Revoking of License. Section 7. The commission shall revoke any license issued under the provisions of this act, with or without a hearing, and may order such license to be returned for cancellation, if the employment agent has violated any provisions of this act or the rules and regulations issued thereunder, or if any cause appears on which a license might have been refused. Section 8. The commissioner shall prescribe such rules and regu¬ lations as may be necessary for the supervision of employment agents. 26 Liability for False Statements. Section 9. Every employment agent shall be held responsible for every untrue statement he makes, publishes, or distributes regard¬ ing any employment. He shall also be responsible for the acts, statements, and misconduct of his employe or employes, agent, part¬ ner, or person associated with him, where such acts, statements, or misconduct occur in the conduct and operation of such employment agent’s business. No employer seeking employes, and no person seeking employ¬ ment, shall knowingly make any false statement or conceal any material facts, for the purpose of obtaining employes or employ¬ ment by or through any employment agent duly licensed. Form of Contract. Section 10. Every employment agent using written or printed form of contracts in his business shall file with the commissioner a copy of such contracts. No written or printed form of contract shall be used until approved by the commissioner. The forms of contract may be changed, but shall not be used by employment agents unless approved by the commissioner. The commissioner shall direct changes to be made in forms of contracts if he finds the forms are unfair or oppressive, or tending to violate the intent of this act, and shall withhold his approval unless the changes are made. Fees. Section 11. Every employment agent shall file with the commis¬ sioner, for his approval, a schedule of fees proposed to be charged for any services rendered to employers seeking employes, and per¬ sons seeking employment. The schedule of fees may be changed only with the approval of the commissioner. No registration or other fees in lieu thereof shall be charged or received by such employment agent. No employment agent shall divide, directly or indirectly, any fees charged or received by him with any person who secures help through such employment agent, or to whom help is referred by such employment agent, nor shall any employment agent offer to so divide any fees. Receipts. Section 12. Every employment agent shall give a receipt to each person from whom he has received any money, or other valuable consideration whatsoever, as compensation, directly or indirectly, for services rendered. The receipt shall state separately the amount received as a fee and the amount received for transportation and for other expenses, and shall set forth such other facts as the commissioner may direct. Fees to Be Returned. Section 13. If any person fails, through no fault of his own, to obtain employment from the employer to whom he has been re¬ ferred by any employment agent, or, after having been engaged by an employer, is not permitted by said employer to enter upon such 27 employment, the whole amount paid by such person to the employ¬ ment agent as a fee, or for transportation or other expenses, shall be refunded to him on demand. Posting of Licenses. Section 14. Every employment agent shall keep conspicuously posted in his office or place of business the license issued under this act, a copy of the schedule of all fees required to be filed with the commissioner, and other notices or information that the commis¬ sioner may direct, and in such form and manner as he may prescribe. Section 15. For the purpose of enforcing this act and the rules and regulations issued thereunder, the commissioner or his duly authorized agent may enter any employment office, or place of busi¬ ness of any employment agent, and inspect the registers, cards, or other records of such employment agent. In the performance of the duties herein required by law, the com¬ missioner or his agents may, at any time, enter any premises. If permission so to enter shall be refused or delayed by any person, the commissioner or his agent may, on oath or affirmation, declare before any alderman, magistrate, or justice of the peace that permis¬ sion to enter and to investigate has been refused or delayed; where¬ upon such alderman, magistrate, or justice of the peace, may, upon payment of a fee of one dollar, issue a search-warrant for such prem¬ ises. Such search-warrant shall describe, as nearly as may be, the premises which it is desired to search or investigate. The commis¬ sioner or his agent, armed with such search-warrant, shall have all the authority of a constable or other peace officer in the execution of such warrant. It shall be unlawful for any person to refuse or delay admission to any premises to the commissioner or his agent provided with a search warrant as herein authorized. Employment for Immoral Purposes Prohibited. Section 16. No employment agent shall furnish any female for immoral purposes; or send, or cause to be sent, any female em¬ ploye, to enter.as servant, inmate, or for any purpose whatsoever, any place of bad repute, house of ill-fame, or assignation house, or any house or place of amusement kept for immoral purposes, the character of which such employment agent could have ascertained upon reasonable inquiry. No employment agent shall knowingly admit or allow to remain in such agency any person of bad character, prostitute, gambler, or in¬ toxicated person. Employment of Children Prohibited. Section 17. No employment agent shall furnish employment to any child, in violation of the laws regulating the labor of children or their compulsory attendance at school. Inspection of Labor Camps. Section 18. The commissioner shall inspect all labor camps and housing accommodations for employes, maintained directly or in- 28 directly in connection with any work or place where work is being performed, and all places established for the temporary shelter and care of aliens and unemployed persons, and prescribed minimum standards of sanitation for all such labor camps, accommodations, and temporary quarters. Protection to Aliens. Section 19. The commissioner shall investigate the general in¬ dustrial, social, and educational welfare and conditions of aliens within the State, for the purpose of co-operating with the various agencies of the State possessing the requisite jurisdiction in secur¬ ing such remedial action as may be necessary. The commissioner shall enforce all laws pertaining to the sale of steamship tickets or orders for transportation; and prescribe rules and regulations for the protection or purchasers in the purchase of and cancellation of tbird-class or steerage tickets, or orders for transportation; investigate conditions prevailing at all docks, fer¬ ries, railway stations, and other places where employes or aliens arrive or depart; and, in co-operation with the proper authorities, afford such employes or aliens protection against frauds, crimes, and exploitations; investigate all complaints of employes and aliens with respect to frauds, extortion, and improper practices by any person or corporation, whether public or private, and present to the proper authorities the results of such investigation for action thereon. Proceedings. Section 20. The commissioner shall have power to issue sub¬ poenas, administer oaths, take affidavits and testimony, in all mat¬ ters relating to the duties and powers herein prescribed. He shall have power to subpoena any witnesses or any person; to examine all books, contracts, records, and documents of any person or cor¬ poration, and by subpoena duces tecum to compel production thereof. All subpoenas shall be issued in the name of the commissioner, under the seal of the Commonwealth. All hearings held before the commissioner, or his deputy duly authorized, shall be governed by rules prescribed by the commis¬ sioner, who shall not be bound by the technical rules of evidence in the examination of witnesses or in the conduct of such hearings. Penalties. Section 21. Any person, co-partnership, association, or corpora¬ tion who shall open and conduct an employment agency without procuring a license as required by this act shall be guilty of a mis¬ demeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by im¬ prisonment not exceeding one year, or both, at the discretion of the court. Any person making any false statement or testifying falsely under oath shall be subject to prosecution for perjury, upon the recom¬ mendation of the commissioner to the officials having the requisite jurisdiction. 29 Any individual, co-partnership, or corporation, or association who shall neglect or refuse to obey any subpoena and give testimony, according to the. provisions of this act, or who shall neglect or re¬ fuse to answer questions by circular or upon personal application, shall be liable to a penalty of one hundred dollars, to be collected, by order of the commissioner, in an action in which the Common¬ wealth of Pennsylvania shall be plaintiff, as debts of like amount are collected. Any person, co-partnership, association, or corporation that shall violate any of the provisions of this act shall be guilty of a misde¬ meanor, and upon conviction thereof shall be sentenced to pay a fine of not more than one hundred dollars, or to undergo imprisonment not exceeding one year, or both, at the discretion of the court; and, in addition thereto, such person, or each of the members of a co¬ partnership association, or each of the directors of the corporation, as the case may be, with guilty knowledge of the fact, may be sen¬ tenced to ^pav a fine of not more than one hundred dollars, or to undergo imprisonment in the jail of the proper county for a period of not exceeding one year, or both, at the discretion of the court. Section 22. This act shall take effect on the first day of October, one thousand nine hundred fifteen. Section 23. All acts or parts of acts inconsistent with this act are repealed. FACTORY ACT OF MAY 2, 1905. (Pamphlet Laws, page 352. No. 226.) AN ACT Section 1. Be it enacted, &c., That the term “establishment,” where used for the purpose of this act, shall mean any place within this Commonwealth other than where domestic, coal-mining or farm labor is employed; where men, women or children are engaged, and paid a salary or wages, by any person, firm or corporation, and where such men, women or children are employes, in the general acceptance of the term. (Section 2 of this act, establishing a 14 year age limit, was superseded by Section 2 of the Child Labor Act of 1915. Sections 3, 7 and 8, regu¬ lating the hours of employment of minors and females, and providing for seats for girls and adult women, and separate wash rooms and water closets for males and females, were expressly repealed by Section 21 of the Woman’s Act of 1913. Sections 5 and 6 were held to be unconstitu¬ tional by Judge Staake in Com. v. Hoopes 15 D. P. 895, and, together with Section 4, were superseded and repealed by the Child Labor Acts of 1909 and 1915.) Section 9. Not less than one hour shall be allowed for the noon¬ day meal, in any establishment. But the Chief Factory Inspector may, for good cause, reduce the time for the noonday meal in es¬ tablishments where all the other provisions of this act are observed, which entail duties upon the part of employers. 30 (A standing order has been issued providing that except where special notification shall be given, hours for noonday meals of all other employes may be the same as those for females. See Woman’s Act below.) Section 10. Every person, firm or corporation employing men, [women or children,] in any establishment, shall post and keep posted in a conspicuous place, in every room where such help is em¬ ployed, a printed copy of the factory laws, a printed notice stating the number of hours per day for each day of the week required of such persons; and in every room where children under sixteen years of age are employed, a list of their names, with their ages. (So far as relates to women, this section is superseded and repealed by Section 13 of the Women’s Act of 1913; and as to children by Section 21 of the Child Labor Act of 1915. As to men, however, the act is still in force.) Section 11. The owner or person in charge of an establishment where machinery is used shall provide belt shifters or other mechan¬ ical contrivances for the purpose of throwing on or off belts or pulleys. Whenever practicable, all machinery shall be provided with loose pulleys. All vats, pans, saws, planers, cogs, gearing, belting, shafting, set-screws, grindstones, emery-wheels, fly-wheels, and machinery of every description shall be properly guarded. The floor space of no working-room in any establishment shall be so crowded with machinery as thereby to cause risk to the life or limb of an employee; nor shall there be in any establishment machinery in excess of the sustaining power of the floors and walls thereof. No person shall remove or make ineffective any safeguard around or at¬ tached to machinery, vats or pans while the same are in use, except for the purpose of immediately making repairs thereto, and all such safe-guards so removed shall be properly replaced. Exhaust fans of sufficient power, or other sufficient devices, shall be provided for the purpose of carrying off poisonous fumes and gases, and dust from emery-wheel, grind-stones and other machinery creating dust. If a machine or any part thereof is in a dangerous condition, or is not properly guarded, the use thereof may be prohibited by the Chief Factory Inspector or by his deputy, and a notice to that effect shall be attached thereto. Such notice shall not be removed until the machinery is made safe and the required safeguards are provided, and in the meantime such unsafe or dangerous machinery shall not be used. Section 12. The owner, agent, lessee, superintendent, or other person having charge or managerial control of any establishment, hotel, hospital, apartment-house or other building, where elevators, hoisting-shafts, lifts or well-holes are used, shall cause the same to be properly and substantially enclosed, secured or guarded; and shall provide such proper traps or automatic doors, so fastened in or at all elevator-ways, except elevators enclosed on all sides, as to form a substantial surface when closed, and so constructed as to open and close by action of the elevator in its passage, either ascending or descending. The cable, gearing or other apparatus of elevators, hoist- ers, or lifts, shall be kept in a safe condition: Provided, That the provisions of this section shall not apply to cities of the first and second classes. Section 13. The owner, agent, lessee, or other person having charge or managerial control of any establishment, shall provide or cause 31 to be provided not less than two hundred and fifty cubic feet of air¬ space for each and every person in every work-room in said establish¬ ment, whei:e persons are employed, and shall provide that all work¬ rooms, halls and stairways in said establishment be kept in a clean and sanitary condition and properly lighted. Section 14. No person, firm or corporation engaged in the manu¬ facture or sale of clothing or other wearing apparel, cigars or cigar¬ ettes, shall bargain or contract with any person, firm or corporation for the manufacture, or .partial manufacture, of any of said articles or goods where the same are to be made in any kitchen, living-room or bed-room in any tenement-house or dwelling house, except where the persons bargaining or contracting to make or partially make any of the aforesaid articles or goods are resident members of the family, residing in such tenement-house or dwelling-house where the said articles or goods are to be made or partially made, and who have furnished the person, firm or corporation engaged in the manu¬ facture or sale of said articles or goods, and with whom the bargain or contract is to be made, a certificate from the board of health, of the city or town in which such tenement-house or dwelling-house is situated, that the same is free from any infectious or contagious disease; which certificate may be revoked by the board of health whenever the exigencies of the case shall require: Provided, That the term “family” in this section shall include only the parents and their children, or the children of either. Section 15. No person, firm or corporation engaged in the manu¬ facture or sale of any of the articles or goods enumerated in section fourteen of this act, shall bargain or contract with any person, firm or corporation for the manufacture, or partial manufacture, of any of the said articles or goods in any workshop, not part of a tenement or dwelling-house, unless the said workshop shall have been inspected by the Chief Factory Inspector or by one of his deputies, and who shall have issued a printed permit to the person in charge of such workshop, stating that the same is in a clean and safe and sanitary condition, and fixing the maximum limit to the number of persons who may be employed therein; the permit to be posted and kept posted in a conspicuous place in such workshop: Provided, That this section shall not apply to any workshop wherein the afore¬ said articles or goods are manufactured for the general trade, and are to be sold and delivered in or upon the premises, and are not manufactured, or partially manufactured, under a bargain or con¬ tract with any person, firm or corportion employed in the manufac¬ ture and sale of the article aforesaid. Section 16. Whenever the sanitary conditions of any workshop, as defined in section fifteen, is dangerous to the health and safety of the employes therein or to the public, the Chief Factory Inspector or his deputy shall cancel the permit aforesaid, and shall order that the workshop be vacated until the provisions of this act shall have been complied with and the workshop restored to proper sanitary condition. Section 17. All persons, firms and corporations engaged in the manufacture or baking of bread, cakes, crackers, pastry, pretzels or macaroni, for public sale, shall keep their room or rooms for baking, mixing, storing, or sale of flour or other grain products separate 32 and apart from any sleeping-room, water-closet, urinal, defective- drain or sewer pipe, and shall not permit the harboring of any domestic animal therein. The floors of all baking, mixing, storing and salesrooms shall be kept clean and tightly joined and free from crevices, and the walls and ceilings shall be painted, kalsomined or whitewashed as often as twice in each year, and oftener if, in the opinion of the Chief Factory Inspector or his deputy, the safety of the employes or the public shall require. Section 18. When the foregoing provisions of section seventeen are complied with, the Chief Factory Inspector or his deputy shall issue to the owner or person in charge of such bake-shop a permit stating that the same is in a clean and sanitary condition; which permit shall be posted and kept posted in the office or salesroom of the bakeshop aforesaid; but when any of the foregoing provisions of section seventeen are not being complied with in any bake-shop, the Chief Factory Inspector or his deputy shall issue to the person in charge, or his representative, a written order to comply with the law aforesaid, within ten days; or he may order the closing of any such bake-shop until the order shall have been complied with, should the safety of the employes or the public, in his opinion, so require. Section 19. All boilers used for generating steam or heat in any establishment shall be kept in good order, and the owner, agent or lessee of such establishment shall have said boilers inspected by a casualty company in which said boilers are insured, or by any other competent person approved by the Chief Factory Inspector, once in twelve months, and shall file a certificate showing the result thereof, in the office of such establishment ,and shall send a dupli¬ cate thereof to the Department of Factory Inspection. Each boiler or nest of boilers used for generating steam or heat in any establish¬ ment shall be provided with a proper safety-valve and with steam and water-gauges, to show, respectively, the pressure of steam and the height of water in the boilers. Every boiler-house, in which a boiler or nest of boilers is placed, shall be provided with a steam gauge properly connected with the boilers, and another steam-gauge shall be attached to the steam pipe in the engine house, and so placed that the engineer or fireman can readily ascertain the pres¬ sure carried. Nothing in this section shall apply to boilers which are regularly inspected by competent inspectors, acting under local laws and ordinances. Section 20. It shall be the duty of the owner or superintendent of any establishment to report, in writing, to the Chief Factory In¬ spector every serious accident or serious injury done to any person in his or her employ, where such accident or serious injury occurred in or about the premises where employed, within twenty-four hours after the accident or injury occurs, stating as fully as possible the cause of such accident or injury; and in all fatal and serious acci¬ dents the Chief Factory Inspector or his deputy may subpoena wit¬ nesses, administer oaths, and do whatever may be necessary in order to make a thorough and complete investigation of the same: Pro¬ vided however, That the provisions of this section shall not be con¬ structed as interfering with the duties of coroners, under existing laws. Section 21. It shall be the duty of the owner, superintendent, as¬ sistant or person in charge of any establishment to furnish, from 33 time to time, to the Chief Factory Inspector or his deputy any infor¬ mation required by the provisions of this act, and the Chief Factory Inspector and his deputies shall have authority to inspect any sucn establishment, at any time, for the purpose of enforcing the pro¬ visions of this act. Section 22. That wherever the law makes it the duty of the owner, lessee, or other person in charge of any building, or room or rooms in any building, to erect and maintain fire-escapes, or appliances for the extinguishment of fire, or for proper and sufficient exits in case of fire or panic, the Chief Factory Inspector or his deputy shall in¬ spect all said buildings, or the room or rooms in said buildings, and notify the owners, lessees, or other persons in charge of same, to comply with said law. And all fire escapes, exits and fire extinguish¬ ing appliances shall be provided and located by order of the Chief Factory Inspector of his deputy, and shall be subject to the approval of the Chief Factory Inspector or his deputy: Provided, That the provisions of this section shall not apply to cities of the first and second classes. Section 23. Any person who violates any of the provisions of the foregoing sections of this act, or who suffers any female, minor or a child to be employed in or about his or her establishment, in viola¬ tion of any of the .provisions of the foregoing sections of this act, or who, being authorized to administer oaths, shall violate any of the provisions of sections five and six of this act, shall be deemed guilty of misdemeanor, and, on conviction, shall be punished by a fine of not less than twenty-five dollars and not more than five hundred dollars, or an imprisonment in the county jail for a term not less than ten days nor more than sixty days, for each and every such violation. In all cases the prosecutor shall be instituted, in the name of the Commonwealth, by the deputy factory inspector of the district where the offense is alleged to have been committed, and % the hearing shall be conducted by alderman, justtice of the peace or other committing magistrate before whom the information is lodged. After full hearing of the parties in in¬ terest, the alderman, justice of the peace or other committing magis¬ trate shall, if the evidence warrants it, impose the penalty herein provided, which shall be final to the parties against whom the penalty is imposed shall furnish good and sufficient bail for his or her appear¬ ance at the next term of the court of quarter sessions of the county wherein the offense is alleged to have been committed. (Sections 25-27, inclusive, relate to the conduct of the Factory In¬ spection Department, since merged in the Department of Labor and In¬ dustry. The final section (28) contains the usual repealing clause.) 3 34 FIRE AND PANIC ACT OF MAY 3, 1909. (Pamphlet Laws, page 417. No. 233.) AN ACT For the safety of persons from fire or panic in certain buildings, not in cities of the first and second classes, by providing proper exits, fire-escapes, fire-extin¬ guishers, and other preventatives of fire, by vesting jurisdiction for the enforce¬ ment of this act in the Department of Factory Inspection; and by providing proper penalties for any violation of the same. Section 1. Be it enacted, &c., That every building in this Com¬ monwealth, other than buildings situated in cities of the first and second classes, having more than two stories, and buildings having one or more galleries above the first or ground floor, now used or hearafter to be used, in whole or in part, as a public building, office building, and not of fireproof construction, public or private insti¬ tution, sanitorium, surgical institute, asylum, hospital, schoolhouse, academy, dormitory, college, theatre, public hall, lodge hall, or place of public resort; and every building in which persons are usually employed above the second story, in a factory, workshop, or mercantile establishment; every hotel, restaurant, apartment-house, boarding-house, or lodge-house, in which persons reside or lodge above the second story; and every tenement-house, apartment-house, or flat occupied by two or more families above the first story, shall be provided with proper ways of egress, or means of escape from fire, sufficient for the use of all persons accommodated, assembled, em¬ ployed, lodged, or residing therein; and such ways of egress and means of escape shall be kept free from obstruction, in good repair, and ready for use, at all times; and all rooms above the second story in said buildings shall be provided with more than one way of egress, or escape from fire, which shall be placed as near as practical at opposite ends or sides of the room, and leading to fire-escapes on the outside of such buildings or to stairways on the inside. Where any of said buildings is designated for the use or occupancy of fifty or more persons, the external doors of the same shall open outward, and be so constructed or arranged as to afford, when open, an un¬ obstructed external passage-way of not less than five feet in the clear, and shall have landings, inside of the external doorways of dimensions not less than four feet between the external doors and the adjoining stairways, said landings to be of a width not less than the stairway approaches thereto. Section 2. In all theatres, opera houses, or other buildings, where stage scenery, moving pictures or other apparatus is used, there shall be provided one or more direct exterior doorways from the stage, and for dressing-rooms under the stage a direct exterior doorway shall be provided; and all said doorways shall be not less than three feet in width, and the passage-ways to and from the same shall be unobstructed and properly lighted. Neither on or about the stage, auditorium, or galleries shall any inflammable or explosive oil be used for lighting purposes; and all lights on or about the stage, and electric wires and appliances for electric switches, shall be safely 35 guarded. All drop-curtains and sky-borders shall be of an approved non-combustible substance; and on bach side of the stage standpipes of at least two inches in diameter shall be provided, with hose and attachments of not less than one and one-half inches in diameter, and of proper and sufficient quantity. There shall also be provided, for each side of the stage, not less than two fire-extinguishers, and one cask of not less than forty-two gallons capacity, which shall be kept full of water, and two buckets for each cask; buckets and casks to be painted red and kept in readiness for immediate use. All auditoriums and galleries of said buildings, as described in this sec¬ tion, shall be provided with a center aisle and two side aisles, each of a width of not less than four feet in the clear, and providing a continuous unobstructed passage way to the main exits and to the exits leading to the fire-escapes; and the words “Exit to fire-escape,” in large legible illuminated letters shall be posted and kept posted before each fire-escape exit; and all exits shall open outward, and shall be kept unlocked and ready for instant use, from the opening of said buildings to the close of each and every entertainment therein. Section 3. In addition to the foregoing means of escape from fire, all such buildings as are enumerated in section one of this act that are more than two stories in height, and buildings having one or more galleries above the first floor, shall have one or more fire- escapes on the outside of said buildings, as may be directed by the Chief Factory Inspector or a deputy factory inspector, except in such cases as he may deem such fire-escape to be unnecessary, in consequence of adequate provision having been already made for safety in event of fire or panic; and in such cases of exemption, the said Chief Factory Inspector or a deputy factory inspector shall give the owner, lessee, or occupant of said building a certificate to that effect, and his reason therefor. And such fire-escapes as are provided for in this section shall be of wrought iron, constructed ac¬ cording to specifications to be issued or approved by the Department of Factory Inspection, and shall be connected with each floor above the first, firmly fastened and secured, and of sufficient strength to sustain a weight of not less than four hundred pounds per step, on a safety factor of four; each of which fire-escapes shall have landings or balconies at each story, capable of sustaining a weight of not less than eighty pounds per square foot, guarded by railings, not less than three feet in height, and embracing one or more win¬ dows or doors at each story, and connected with the interior by easily accessible and unobstructed openings; and all the balconies or landings shall be connected by external iron stairways, placed at a slant of not more than forty-five degrees, protected by well secured handrails; the stairway steps to be not less than six inches in width and twenty-four inches in length. Fire-escapes now in use and here¬ after erected must be painted once a year, and be kept in safe condi¬ tion and up to the standard requirements of this section. Section 4. That where any of the aforementioned buildings are so constructed that a fire-escape cannot be erected upon the same without trespassing upon the property of the owner or owners of adjoining lands or buildings, and where permission to erect fire- escapes has been refused by said owners of adjoining lands or build¬ ings, it shall be the duty of the owner or owners of any of the afore- 36 mentioned buildings, constructed as aforesaid, to erect an internal fireproof means of escape, the same to be located and erected under the direction of the Chief Factory Inspector. Should the construc¬ tion of any of the aforesaid buildings be such as will neither permit of an external iron fire-escape nor of an internal fire-proof escape, it is hereby enjoined upon the Chief Factory Inspector to notify, in writing, the owner or owners of any building, so constructed, to discontinue the occupancy of the whole or a part of said building for any of the purposes which make said building amenable to the fire-escape provisions of this act. Section 5. To better secure compliance with the provisions of the foregoing sections of this act,, the owner or owners of any building now used for other purpose than aforesaid, which is to be adapted to any of the aforesaid uses, or of any building to be erected for any of the aforesaid purposes, shall, before adapting or erecting any such building, submit to the Chief Factory Inspector architectural designs and specifications of such building, showing that compliance with the requirements of the foregoing sections is provided for therein, and such building shall not be so adapted or erected without the approval of the Chief Factory Inspector. Section 6. The owner or owners of any of the buildings mentioned in the foregoing provisions of this act, who shall wilfully fail or refuse to comply with the provisions of this act, or who shall wil¬ fully fail or refuse to observe the orders for the enforcement of this act, issued to said owner or owners by the Chief Factory Inspector or a deputy factory inspector, shall be deemed guilty of a mis¬ demeanor, and, on conviction thereof, shall be punished by a fine of five hundred dollars, or six months imprisonment, or either or both, in the discretion of the court. And in case of fire occurring in any of said buildings, in the absence of such doorways, landings, exits, fire-escapes or fire preventatives, as provided for in this act, the owner or owners aforesaid shall be liable for damages, in case of death or personal injury, the result of fire or panic in any of said buildings; and such action for damages may be maintained by any person now authorized by law to sue, as in other case of loss by death or injuries. Section 7. All acts and parts of acts inconsistent with the provi¬ sions of this act are hereby repealed. FIRE DRILL ACT OF JUNE 7, 1911. (Pamphlet Laws, page 677.) AN ACT To require fire drills in factories and industrial establishments, where women or girls are employed; providing for the promulgation of rules in respect thereto, and providing penalties for the violation thereof. Section 1. Be it enacted, &c., That in all factories and industrial establishments where women or girls are employed, and where fire- escapes, appliances for the extinguishment of fires, or proper and suffi- 37 dent exits in case of fires or panic, either or all, are required by law to be maintained, fire drills shall be periodically conducted, not less than once a month, by the person or persons in charge, under rules and regulations to be promulgated, in cities of the first and second classes, by the Fire Marshal, and, elsewhere in the Commonwealth, by the Chief Factory Inspector, in which the persons employed in such fac¬ tories or establishments shall be instructed in, and made thoroughly familiar with, the use of the said fire-escapes, appliances, and exits; which said drill shall include the actual use of the same, and the complete removal of the persons, in an expeditious and orderly man¬ ner, by means of such fire-escapes and exits, from the building to a place of safety on the ground outside. Section 2. The Fire Marshal and his assistants in cities of the first and second class, and the Chief Factory Inspector and several deputy inspectors elsewhere in the Commonwealth, are hereby re¬ quired to see that the provisions of this act are faithfully carried out. Section 3. Any person who violates or fails to comply with the provisions of this act shall be guilty of a misdemeanor, and on con¬ viction shall be sentenced to pay a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and to undergo imprisonment in the county jail for not less than ten days nor more than sixty days, either or both. FOUNDRY ACT OF JUNE 7, 1911. (Pamphlet Laws, page 673.) AN ACT Requiring founderies to be provided with toilet room and water closet; regulating same; and providing a penalty for violation thereof. Section 1. Be it enacted, &c., That every person, firm, or cor¬ poration, being the owner or lessee of any foundry for the casting of iron, steel, brass, or other metal, wherein ten or more men shall be employed, shall cause to be established and maintained in a place conveniently accessible, and connected with said foundry in such a manner that access thereto can be had without exposure to the open air, a toilet-room of suitable size, wherein said employes may change their clothes; such toilet-room shall be provided with wash-bowls, sinks, or other suitable fixed appliances, duly connected and supplied with running hot and cold water. There shall also be established and maintained, separate from said toilet-room, a suitable water- closet. It shall be the duty of the factory inspector or his duly authorized agent to enforce the provisions of this act. For that purpose the factory inspector or his duly authorized agent may enter at any reasonable time any foundry for the purpose of in¬ specting the same to ascertain whether the provisions of this act have been complied with. (The portion of the above appearing in italics was inserted by amend¬ ment of April 4, 1913. P. L. 42. No. 32.) 38 Section 2. The said toilet room and the said water closet shall be connected with the foundry building in such a way that access thereto may be had without exposure to the open air and shall be properly heated, ventilated, cleaned and protected, so far as reason¬ ably practicable, from the dust of such foundry. Section 3. Any person, firm, or corporation who or which shall* violate any of the provisions of this act shall be guilty of a mis¬ demeanor, and upon conviction thereof before any magistrate, aider- man, or justice of the peace, shall be sentenced to a fine not exceeding one hundred dollars. LEAD POISONING ACT OF JULY 26, 1913. (Pamphlet Laws, page 1363. No. 851.) AN ACT To prevent occupational diseases; and to provide for the health of employees exposed to the danger of lead-poisoning and other occupational diseases, by regu¬ lating certain manufacturing establishments; providing for medical examinations and reports, and requiring sanitary precautions and appliances; and making violation of its provisions a misdemeanor, and providing penalties for violation thereof. Section 1. Be it enacted, &c., That every employer shall, without cost to the employes, provide reasonably effective devices, means, and methods to prevent the contraction by his employes of any ill¬ ness or disease incident to the work or process in which such em¬ ployes are engaged in the industries and occupations specified in section two of this act. Section 2. Every work or process in the manufacture of white lead, red lead, litharge, sugar of lead, arsenate of lead, lead chromate, lead sulphate, lead nitrate, or flua-silicate' is hereby declared to be especially dangerous to the health of the employes who, while en¬ gaged in such work or process are exposed to lead dusts, lead fumes, or lead solutions. Section 3. Every employer shall, without cost to the employes, provide the following devices, means, and methods for the protection of his employes, who, while engaged in any work or process included in section two, are exposed to lead dusts, lead fumes, or lead solu¬ tions :— (a). The employer shall provide and maintain work-rooms, ade¬ quately lighted and ventilated, and so arranged that there is a con¬ tinuous and sufficient change of air; and all such rooms shall be fully separated by partition walls from all departments in which the work or process is of non-dusty character; and all such rooms shall be provided with a floor permitting an easy removal of dust by wet methods of vacuum cleaning, and all such floors shall be so cleaned daily. Every work or process referred to in section two, including the corroding or oxidizing of lead, and the crushing, mixing, sifting, grinding and packing of all lead salts or other compounds referred to in section two, shall be so conducted, and such adequate devices 39 provided and maintained by the employer, as to protect the em¬ ploye as far as possible from contact with lead dust or lead fumes. Every kettle, vessel, receptacle, or furnace in which lead, in any form referred to-in section two, is being melted or treated, and any place where the contents of such kettles, receptacles, or furnaces are discharged, shall be provided with a hood connected with an efficient air-exhaust; all vessels or containers, in which dry lead in any chemical form or combination referred to in section two is being conveyed from one place to another within the factory, shall be equipped, at the places where the same are filled or discharged, with hoods having connection with an efficient air-exhaust; and all hop¬ pers, chutes, conveyors, elevators, separators, vents from separators, dumps, pulverizers, chasers, dry pans, or other apparatus for drying pulp lead, dry-pans, dump, and all barrel packers and cars, or other receptacles in to which corrosions are at the time being emptied, shall be connected with an efficient dust-collecting system; such system to be regulated by the discharge of air from a fan, pump, or other ap¬ paratus, either through a cloth dust-collector, having an area of not less than one-half square foot of cloth to every cubic foot of air passing through it per minute, the dust : collector to be placed in a separate room, which no employe shall be required or allowed to enter except for essential repairs while the works are in operation, or such other apparatus as will efficiently remove the lead dusts from the air of the workrooms. (b) The employer shall provide a wash-room, or rooms, which shall be separate from the work rooms, be kept clean, and be equipped with : (1) Lavatory basins, fitted with waste-pipes and two spigots conveying hot and cold water; or (2) Basins placed in troughs fitted with waste-pipes, and for each basin two spigots conveying hot and cold water; or (3) Troughs of enamel or similar smooth impervious material, fitted with waste pipes, and for every two feet of trough length two spigots conveying hot and cold water. Where basins are provided there shall be at least one basin for every five such employes; and where troughs are provided, at least two feet of trough length for every five such employes. The em¬ ployer shall also furnish nail-brushes and soap, and shall provide at least three clean towels per week for each such employe. A time allowance of not less than ten minutes, at the employer’s ex¬ pense, shall be made to each such employe for the use of said wash¬ room before the lunch hour and at the close of the day’s work. The employer engaged in the manufacture of white lead, red lead, litharge, sugar of lead, arsenate of lead, lead chromate, lead sulphate, lead nitrate, or fluo-silicate shall also provide at least one shower- bath for every ten such employers. The baths shall be approached by wooden runways, be provided with movable wooden floor gratings, be supplied with controlled hot and cold water, and be kept clean. The employer shall furnish soap, and shall provide at least two clean bath towels per week for each such employe. An additional time allowance of not less than ten minutes, at the employer’s expense, shall be made to each such employe for the use of said baths, at least twice a week, at the close of the day’s work. The employer shall keep 40 a record of each time that such baths are used by each employe, which record shall be open to inspection at all reasonable times by the State Department of Labor and Industry, and also by the State Department of Health. (c) The employer shall provide a dressing-room, or rooms which shall be separate from the workrooms, be furnished with a double sanitary locker or two single sanitary lockers for each such em¬ ploye and be kept clean. (d) . The employer shall provide an eating-room or eating-rooms, which shall be separate from the work-rooms, be furnished with a sufficient number of tables and seats, and be kept clean. No employe shall take, or be allowed to take, any food or drink of any kind into any workroom, nor shall any employe remain, or be allowed to re¬ main, in any workroom during the time allowed for his meals. (e) . The employer shall provide and maintain a sufficient num¬ ber of sanitary drinking-fountains, readily accessible for the use of employes. (f) . The employer shall provide at least one pair of overalls and one pair of jumpers for each such employe, and repair or renew such clothing when necessary, and wash the same weekly. (g) . The employer shall provide, and renew when necessary, at least one reasonably effective respirator for each employee who is engaged in any work or process included in section two. Section 4. Every employe who, while engaged in any work or process included in section two, is exposed to lead dusts, lead fumes, or lead solutions, shall— (a) . Use the washing facilities provided by the employer in accord with section three (b), and wash himself at least as often as a time allowance is therein granted for such use;. (b) . Use the eating-room provided by the employer in accord with section three (d), unless the employe goes off the premises for his meals; .(c). Put on, and wear at all times while engaged in such work or process, a suit of the clothing provided by the employer in accord with section three (f), and remove the same before leaving at the close of the day’s work, and keep his street clothes and his working clothes, when not in use, in separate lockers or separate parts of the locker provided by the employer in accord with section three (c). (d). Keep clean the respirators provided by the employer in accord with section three (g), and use one at all times while he is engaged in any work or process included in section two of this act. Section 5. The employer shall post in a conspicuous place in every workroom where any work or process included in section two is carried on, in every room where washing facilities are provided, and in every dressing-room and eating-room, a notice of the known dangers arising from such work or process, and simple instructions for avoiding as far as possible such dangers. The Commissioner of Labor and Industry shall prepare a notice containing the provisions of this act, and shall furnish free of cost a reasonable number of copies thereof to every employer included in section two, and the employer shall post copies thereof in the manner hereinbefore stated. The notices required in this section shall be printed in plain type, on cardboard, and shall be in English and in such other languages as the circumstances may reasonably require. The contents of such 41 notices shall be explained to every employe by the employer, when the said employe enters employment in such work or process; inter¬ preters being provided by the employer when necessary to carry out the above requirements. Section 6. The employer shall cause every employee who while engaged in any work or process included in section two, is exposed to lead dusts, lead fumes, or lead solutions, to be examined at least once a month, for the purpose of ascertaining if symptoms of lead¬ poisoning appear in any employe. The employe shall submit him¬ self to the monthly examination, and to examination at such other times and places' as he may reasonably be requested by the employer, and he shall fully and truly answer all questions bearing on lead¬ poisoning asked him by the examining physician. The examinations shall be made by a licensed physician, designated and paid by the employer, and shall be made during the working hours, a time al¬ lowance therefor at the employer’s expense being made to each em¬ ploye so examined. Section 7. Every physician making an examination, under section six, and finding what he believes to be symptoms of lead-poisoning, shall enter, in a book kept for that purpose in the office of the em¬ ployer, a record of such examination, containing the name and ad¬ dress of the employe so examined, the particular work or process in which he is engaged, the date, place, and finding of such exam¬ ination, and the directions given in each case by the physician. The record shall be open to inspection at all reasonable times by the State Department of Labor and Industry and by the State Depart¬ ment of Health. Within forty-eight hours after such examination and finding, the examining physician shall send a report thereof, in duplicate,—one copy to the State Department of Labor and Industry and one to the State Department of Health. The report shall be on, or in conform¬ ity with, blanks to be prepared and furnished by the State Depart¬ ment of Health, free of* cost, to every employer included in section two, and shall state: (a) name, occupation, and address of employe; (b) name, business, and adress of employer; (c) nature and prob¬ able extent of disease; and (d) such other information as may be reasonably required by the State Department of Health. The examination physician shall, also, within the said forty-eight hours, report such examination and finding to the employer; and after five days from such report the employer shall not continue the said employe in any work or process where he will be exposed to lead dusts, lead fumes, or lead solutions, included in section two of this act. Section 8. The State Department of Labor and Industry shall enforce this act, and prosecute all violations of the same. The of¬ ficers, or their agents, of the said department, shall be allowed at all reasonable times to inspect any place of employment included in this act. Every employer who, either personally or through any agent, violates or fails to comply with any provisions of section one or section three, shall be guilty of a misdemeanor and on conviction, for the first offense, shall be sentenced to pay a fine of not less than one hundred ($100) ^dollars, nor more than two hundred ($200) dol- 42 lars; and on conviction for a second offense shall be sentenced to pay a fine of not less than two hundred ($200) dollars, nor more than five hundred ($500) dollars; and on conviction for each subsequent offense shall be sentenced to pay a fine of not less than three hundred ($300) dollars, nor more than one thousand ($1,000) dollars; and in each case he shall stand committed until such fine and the costs are paid, or until he is otherwise discharged by due process of law. Every employe who violates or fails to comply with any provision of section four shall be guilty of a misdemeanor; and on conviction, for the first offense, shall be sentenced to pay a fine of not less than ten ($10) dollars, nor more than twenty ($20) dollars; and on con¬ viction for the second offense shall be sentenced to pay a fine of not less than twenty ($20) dollars, nor more than fifty ($50) dollars; and on conviction for each subsequent offense, not less than thirty ($30) dollars, nor more than one hundred ($100) dollars; and in each case he shall stand committed until such fine and the costs are paid, or until he is otherwise discharged by due process of law. Every employer who, either personally or through any agent, vio¬ lates or fails to comply with any provisions of sections five, six or seven relating to him, and every employe who violates or fails to comply with the provisions of section six relating to him, shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of not less than ten ($10) dollars, nor more than one hundred ($100) dollars. Section 10. In this act, unless the context otherwise requires, “employer” includes persons, firms, partnerships, limited partner¬ ships, and corporations. Section 11. For the purpose of determining the constitutionality of any provisions of this act, section one hereof is declared to be independent of, and separable from the remaining sections. Section 12. This act shall take effect on the first day of October, one thousand nine hundred and thirteen, except as to subdivisions (a), (b), (c), and (d) of section three, which subdivisions shall take effect as follows: Subdivisions (b), (c), and (d) of section three, on the first day of October, one thousand nine hundred and fourteen; Subdivision (a) of section three, on the first day of October, one thousand nine hundred and fifteen. MATTRESS ACT OF MAY 1, 1913. As Amended, 1915 (Pamphlet Laws, page 134. No. 90.) AN ACT Defining mattresses; regulating the making, remaking, and sale thereof; pro¬ hibiting the use of unsanitary and unhealthy materials therein; requiring that the materials used shall be accurately described, and prescribing the manner in which mattresses shall be labeled; providing for the enforcement of the provisions of this act; making certain acts criminal, and punishing the same; imposing certain duties upon the Commissioner of Health and the Chief Factory Inspector; and repealing legislation inconsistent with this act. 43 Definitions. Section 1. Be it enacted, &c., That (1) the term “mattress,” as used in this act, shall be construed to mean any quilted pad, mat¬ tress, mattress pad, bunk quilt, or cushion, stuffed or filled with wool, hair, or other soft material, except feathers, to be used on a couch or other bed for sleeping or reclining purposes. (2) The term “person” as used in this act, shall be construed to include all individuals and all firms or co-partnerships. (3) The term “corporation,” as used in this act, shall be construed to include all corporations, companies, associations, and joint-stock associations or companies. (4) Whenever the singular is used in this act it shall be construed to include the plural; whenever the masculine gender is used in this act it shall include the feminine and neuter genders. Section 2. (1) No person or corporation, by himself or his agents, servants, or employes, shall employ or use in the making, remaking, or renovating of any mattress: (a) Any material of any kind that has been used in, or has formed a part of, any mattress used for or about any person having any in¬ fectious or contagious disease; (b) Any material known as “shoddy,” and made in whole or in part from old or worn clothing, carpets or other fabrics, or material previously used, or any other fabric or material from which shoddy is constructed; (c) Any material, not otherwise prohibited by this act, of which prior use has been made, unless the said material has been thoroughly sterilized and disinfected by a reasonable process approved by the Commissioner of Health of this Commonwealth. (2) No person or corporation, by himself or by his agents, servants, or employes, shall sell, lease , offer to sell, or lease or deliver, or con¬ sign in sale or lease , or have in his possession with intent to sell, lease , deliver, or consign in sale or lease: (a) Any mattress that has been used for or about any person hav ing any infectious or contagious disease; (b) Any mattress made, remade, or renovated in violation of sub¬ section one of this section; (c) Any mattress, not otherwise prohibited by this act, of which prior use has been made, unless since last used it has been thoroughly sterilized and disinfected by a reasonable process approved by the Commissioner of Health of this Commonwealth. (The foregoing section is as amended by the Act of May 1, 1915, Pamphlet Laws, page 510, No. 219.) Section 3. (1) No person or corporation, by himself or by his agents, servants, or employes, shall, directly or indirectly, at wholesale or retail, or otherwise, sell, lease, offer to sell or lease, or consign in sale or lease, or have in their possession with intent to sell or lease, or consign in sale or lease, any mattress that shall not have plainly and indelibly written or printed thereon, or upon a plain muslin or linen tag securely sewed to the covering thereof, a statement in the English language setting forth: (a) The materials used in filling said mattress, and whether the same are, in whole or in part, new or old; 44 (b) The name and address of the maker, vendor, or successive vendors; (c) And, upon a mattress of which prior use has been made, the words “Second-Hand,” together with the date of sterilization and disinfection, and the name and address of the person or corporation sterilizing or disinfecting the same. No additional information shall be contained in said statement. (2) No person or corporation, by himself or by his agents, servants, or employes, shall place upon any mattress the statements required by subsection one (a) and (b) of this section unless said mattress has been made, remade, or renovated by him in accordance ivith this act; and no person or corporation, by himself or his agents, servants, or employes, shall place upon any mattress the statements required by subsection one (c) of this section unless the said mattress has been sterilized and disinfected by him in accordance with this act: Pro¬ vided, That the vendor, in either case, shall insert his name and ad¬ dress in the statement. (The foregoing two sections are as amended by the Act of May 14, 1915, Pamphlet Laws, page 510, No. 219, the amendments added being indi¬ cated by italics.) When Description as Felt May Be Made. Section 4. It shall be unlawful to use in the said statement con¬ cerning any mattress the word “Felt,” or words of like import, if there has been used in filling said mattress any materials which are not felted and filled in layers, unless the said statement shall plainly set forth all the different materials so used. Misleading Description Prohibited. Section 5. It shall be unlawful to use in the description in the said statement any misleading term or designation, or term or desig¬ nation likely to mislead. Section 6. The statement required under section three of this act shall be not less than three by four and a half inches in size, and in form shall be as follows: Official Statement. Materials used in filling, Made by, . Address, . Vendor, . Address, ... This article is made in compliance with the act af Assembly of Pennsylvania, approved the first day of May, one thousand nine hundred thirteen, as amended. (The foregoing section is ns amended by the Act of May 14, 1915, Pamphlet Laws, page 510, No. 219, the amendment being indicated by italics.) 45 Removal of Description. Section 7. Any person who shall remove, deface, alter, or in any manner attempt the same, or shall cause to be removed, defaced, or altered, any mark or statement placed upon any mattress under the provisions of this act, shall be guilty of a violation of this act. Separate Offenses. Section 8. The unit for a separate and distinct offense in viola¬ tion of this act shall be each and every mattress made, remade, reno¬ vated, sold, offered for sale, delivered, consigned, or possessed with intent to sell, deliver or consign, contrary to the provisions hereof. Penalties. Section 9. Any person or corporation violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof before a magistrate or justice of the peace shall be punished by a fine of not less than twenty-five dollars, and not more than fifty dol¬ lars, for each offense. Duties of Commissioner of Health. Section 10. Within sixty days after any process of sterilization and disinfection shall have been submitted to the Commissioner of Health of this Commonwealth, under subsection one (c) of section two'of this act, the said commissioner shall approve or disapprove the same, and, if he disapprove, shall state his reasons therefor. Duties of Chief Factory Inspector. Section 11. All places where mattresses are made, remade, or renovated, or materials for mattresses prepared, or where mat¬ tresses are offered for sale, or are in the possession of any person or corporation wdth intent to sell, deliver or consign them, shall be sub¬ ject to inspection by the Chief Factory Inspector, whose duty it shall be, in case he has reason to believe any person or corporation is violating this act, to prosecute such person or corporation therefor. Information by Individuals, Enforcement by Individuals. Section 12. Any individual who has reason to believe that this act has been or is being violated may present the relevant facts to the Chief Factory Inspector, or any of his deputies; in which case it shall be the duty of the Chief Factory Inspector to make an investigation of such facts, as on his own initiative; and, if he is of opinion that the act has been or is being violated, to prosecute the person or corpora¬ tion guilty thereof. Any individual may institute proceedings to enforce this act and to punish violations of its provisions. 40 Repeal. Section 13. All acts or parts of acts inconsistent herewith are hereby repealed. Time in Effect. Section 14. This act shall take effect the first day of January, Anno Domini one thousand nine hundred and fourteen. MOVING PICTURE ACT OF MAY 1, 1909. (Pamphlet Laws, page 346. No. 206.) Note .—As to cities of the first class this act has been superseded by the Act of June 9, 1911, P. L. 746, providing for the issuance of permits by the Chiefs of the Bureaus of Building Inspection and Fire, and the Fire Marshal. AN ACT Regulating, requiring, and defining certain general specifications for the use and construction of permanent booths or enclosures for operating therein moving- picture machines; regulating, requiring, and defining certain general specifica¬ tions for the use and construction of portable booths or enclosures for operating therein moving-picture machines; and providing for the supervision and inspec¬ tion of the same by the Department of Factory Inspection of the Commonwealth of Pennsylvania; and providing penalties for the violation of the provisions thereof; and providing that the provisions thereof shall not apply to cities of the first and second class. Section 1. Be it enacted, &c., That it shall be unlawful for any person, firm, association, or corporation to erect, set up, construct, maintain, or use any permanent booth or enclosure for the purpose of operating therein moving-picture machines, unless they are built, erected, and constructed as follows: Size. All permanent booths or enclosures to be at least seven feet high, the floor space to vary according to the number of machines in booths or enclosures, as follows: One picture machine, six feet by eight feet. One picture machine and one stereopticon, nine feet by eight feet. Two picture machines and one stereopticon, twelve feet by eight feet. The same to be made of structural steel, as follows: Four outside horizontal members at top and bottom. Four corner uprights and members supporting roof, to be made of one and one-half-inch by one and one-half by one-fourth inch angle- irons. Intermediate uprights to be spaced every two feet, and to be made of either one and one-half inch by one and one-half inch by one- fourth inch angle-irons or two inch by two inch by one-fourth inch tee-irons. Tee-irons, to which roof is attached, to be made of one and one-half inch by one and one-half inch by three-sixteenth inch tee irons. 47 All joints to be made with a three-sixteenth inch steel plate, to which each angle-iron or tee-iron shall be riveted or bolted by the use of at least two (2) one-fourth inch bolts or rivets. All bolts or rivets in frame to have flat heads, said heads always to be placed on exterior side of booth; all angle- or tee-irons being so countersunk as to accomplish this result. Frame to be built with a six-foot by two-foot doorway; frame of said doorway to be built of one inch by one inch by three-sixteenth inch angle-irons, which are to be joined together by the use of a three-sixteenth inch steel plate. Covering of Booth. Sides and top of booth to be covered with asbestos boards of at least one-fourth inch in thickness; said boards to be cut and ar¬ ranged that vertical joints between boards shall always come over an angle or tee-iron, so that both boards may be securely fastened to the same. After booth is complete, all openings where combustible material is exposed must be plugged with asbestos cement, or other equally satisfactory material. When joints of asbestos boads, on outside of booth, do not come over angles of tee-irons, the cracks between the boards shall be covered by a strip of asbestos board at least one- eighth inch thick and two inches wide; said strips to be securely fastened to both boards in such manner as to cover the exposed joints. The above-mentioned strips and all asbestos boards shall be secured in the proper place by the means of proper bolts and nuts; said bolts and nuts to be spaced not more than six inches apart. Flooring. Floor shall be made of two parts, an upper and a lower floor. Lower floor shall be made of boards seven-eighth inches minimum thickness, supported on lower leg of horizontal angle-irons. Resting on this floor shall be a floor made of asbestos boards of three-eighth inch minimum thickness, or an equally good material. Windows. There shall not be no more than two windows per machine in the booth,—one for the operator and one for the machine. Windows for machine shall not be more than six inches high and twelve inches long, and shall be located and cut after machine is set up. Operator’s window shall not be more than four inches wide or more than twelve inches high. All windows shall be provided with gravity-doors, which, when closed, shall overlap the window opening at least one inch on all sides; said doors to be held open normally by use of a fine combustible cord in series with a fusible link, so arranged that the doors may easily be released by hand. Main Door. Outside of door to be provided with a substantial spring, sufficient to keep door closed. Door to be provided with stop to prevent it from swinging into booth or injuring the hinges. 48 Shelves. To be made up of slate slabs or board not less than seven-eighth inches thick, not exceeding four feet in length or twelve inches in width. Said shelves, if of board, to be painted with at least three coats of asbestos paint, and supported by means of angle-irons. Upper shelf to be used for the rewinding and the repairing of films; the lower shelf to be used for the storage of films. A separate metal case, made without solder, shall be provided for each film when the same is not in the magazine or in the process of winding; said films to be kept in these cases. Ventilation. Booths to be provided with an inlet in each of four sides; said inlets to be fifteen inches long, three inches high, the lower side of the same not be more than three inches above floor level. Said inlets to be covered on the inside by a wire net of not greater than one-eighth inch mesh netting, to be firmly secured to the asbestos boards by means of iron strips and screws. Near the center of the top of the booth shall be a circular opening of not less than ten inches in diameter; the upper side of said opening to be provided with an iron flange, which flange is to be securely fastened to the tee-irons supporting the roof. Securely fastened to this flange shall be a vent-pipe of not less than ten inches in dia¬ meter; said pipe leading to the outside of the building or to a special incombustible vent-flue. In this vent-pipe shall be placed a box con¬ taining a twelve-inch electric fan; said box to be provided with a door of sufficient size to permit of the examination or removal of this fan; this door to be made tight, and provided with proper fastenings. Box and vent-pipes to be made of galvanized iron or other non-com¬ bustible material; fan to be so connected that it can be controlled from within the booth. Wiring. If house lights are controlled from within the booth, an additional emergency control must be provided near the main exit, and kept at all times in good condition. All electric wires to be brought in to the booth and carried to all machines, lights, et cetera, in conduits; one light will be allowed for each machine, and one for the rewinding bench; but all such lights shall be provided with wire guards. Rheostats. All rheostats to be mounted on slate insulator, properly supported; said supports to be made of iron, and securely fastened to the floor; rheostats to be securely fastened to slate insulator. Machine. Must be securely fastened to the floor to prevent accidental over¬ turning of the same: Provided, That this section shall not apply to cities of the first and second classes. Section 2. That it shall be unlawful for any person, firm, associa¬ tion, or corporation to erect, set up, construct, maintain, or use any 49 portable booth or enclosure, for the purpose of operating therein moving-picture machines, unless they are built, erected and con¬ structed as follows:— Size. Portable booths or enclosures are to be at least six and one-half feet high and five feet square, and are permitted for the use of one picture machine only. Frame, The frame is to be made of standard pipe angle-iron, ventilator trap, and suitable fittings. The pipe frame and angle-iron trap are to conform strictly to specifications hereinafter set forth, and the fit¬ tings and details of construction must be approved by the Depart¬ ment of Factory Inspection of the Commonwealth of Pennsylvania. Skeleton Frame. Four corner uprights, to be made of three-quarter inch standard pipe. Eight horizontal members, to be made of three-quarter inch stand¬ ard pipe. Eight corner fittings, to be made of iron or bronze castings. Ventilator Trap. Ventilator trap, to be made of one inch by one-eighth inch angle- iron, shall extend full width of the top and two inches beyond the front of the top pipe; shall be suitably hinged, not less than two feet from the edge of the front angle corners, and joints to be made with one-eighth inch steel plates, riveted or bolted to each angle-iron by the use of at least two three-sixteenths inch rivets or bolts. Covering of Booth. The side and top covering of the booth shall be made of an ap¬ proved pure asbestos cloth, same as used for asbestos curtains, weigh¬ ing not less than two pound to the square yard. Seams and hems in the asbestos cloth shall lap at least one inch, and be stitched on each edge with asbestos sewing twine. The top covering shall be made separate from the side covering. It shall completely cover the top, and have the outside flap hang down all around the sides, not less than six inches deep. It shall be fastened tightly, and secured to the top pipes and ventilator trap by means of asbestos cords. The side covering shall be made in one piece, extending around all four sides, and overlapping at the rear of the booth not less than eighteen inches, so as to form a flap doorway. The side covering shall extend from top pipes—to which it shall be suspended by approved metal hooks or rings, spaced not more than twelve inches apart—to the floor, with a flap of not less than three inches all around resting on the floor. The metal hooks or rings, for suspending the side covering, shall be attached to the hem of the 4 50 cloth by means of a metal strap and two rivets. The side covering shall be drawn down tight and secured to the bottom pipe frame by means of asbestos tie cords. The cloth covering for top and sides must at all times, be kept free from rents or holes, and be main¬ tained in good condition. Door. The side covering shall overlap eighteen inches in the rear of the booth. This overlap shall extend from top to bottom, and shall be so arranged as to form a means of entrance and egress. Flooring. The frame shall be placed on a mat or carpet made of approved asbestos cloth, not less than seven feet square. This mat must be spread out smoothly on a substantial floor or platform, so that it shall extend one foot from the frame on all sides. This mat must at all times be kept free from rents or holes, and in good condition. Ventilation. The top of the frame shall be fitted at the rear with a hinged ventilator trap, as described in foregoing section of frame. The asbestos cloth top covering shall be so arranged, and so attached to the frame, that, when the hinged trap is raised, the asbestos covering shall be raised also in the rear. Suitable devices shall be supplied for maintaining this ventilator trap in a lifted position, so as to form a clear ventilating space, at the rear, or not less than six inches high, extending across the full width of the booth. Windows. The look-out window for the operator shall be not more than four inches wide and twelve inches high. The windows for the machine shall not be more than six inches high and twelve inches long. All windows shall be located and cut after machine is set up. The openings shall be cut in the cloth with care, and the edges reinforced by stitched hem of asbestos cloth; they shall be provided with asbestos flaps, securely stitched at the top of the openings. These flaps, when closed, shall overlap the window opening at least two inches on the bottom and sides, and shall be weighted across the bottom edge by a piece of three-eighth inch pipe, or equal weight of metal, securely sewed in the pocket in the cloth. Window Shutters and Ventilator Trap. The window flaps or shutters are to be held open normally, by the use of a fine combustible cord. The hinged ventilator trap is to be raised, for ventilation, not more than six inches at the rear, and shall be held open by a collapsible prop sustained by fine combust¬ ible cord. The cord from the window shutters and the ventilator prop shall be in series with a fusible link and also approved tension-clip, so arranged that the automatic opening of the link, or release of the tension clip by the operator, will insure the immediate closing of all openings by the dropping of the flaps and the ventilator trap. This fusible link and tension clip shall be arranged in a position directly over the machine, within reach of the operator. 51 Provided, however, That portable booths or enclosures shall not be permitted to be used in any theatre or public hall in which permanent,booths or enclosures have been installed; it being the intention of this section that portable booths or enclosures shall be used only for temporary exhibitions of moving-pictures in places of assemblage—such as schools, churches, association halls, lodge- rooms, theatres—without permanent booths: Provided, That this section shall not apply to cities of the first and second classes. Section 3. It shall be the duty of the Department of Factory Inspection, by and through its Chief Factory Inspector, his deputy or deputies, to take such means as it may deem necessary to enforce the provisions of this statute. It shall be the duty of said Chief Factory Inspector, his deputy or deputies, within a reasonable time after the approval of this act, to inspect all booths or enclosures in which moving-pictures are now being operated; and should any be found in a dangerous condition, in that they lack adequate fire pro¬ tection, he or they shall immediately order the abatement and dis¬ continuance of such use of such booth and enclosure. The owner, agent, superintendent, person or persons, in charge and control of said booth or enclosure, shall abate and discontinue the use of same within ten days after the service of the notice of abatement or dis¬ continuance. Any such person or persons, who shall fail to comply with the said order of abatement or discontinuance, so issued as aforesaid, shall be deemed guilty of a misdemeanor, and, on con¬ viction, shall be punished by a fine of not less than twenty-five dollars and not more than five hundred dollars, or an imprisonment in the county jail for a term of not less than ten days nor more than ninety days, within the discretion of the court, for each and every such violation. Section 4. Any person or persons who violate or ignore any of the provisions of sections one and two of this act shall be deemed guilty of misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars and not more than five hundred dollars, or an imprisonment in the county jail for a term of not less then ten days nor more than ninety days, for each and every viola¬ tion. In all cases of violation of sections one and two of this act, the prosecutions shall be instituted in the name of the Common¬ wealth by the Chief Factory Inspector, or his deputy or deputies, and hearing shall be conducted by the alderman, justice of the peace, or other committing magistrate before whom the information is lodged; after full hearing of the parties in interest, the aider- man, justice of the peace or other committing magistrate shall, if the evidence warrants it, impose the penalty herein provided, which shall be final to the party against whom the penalty is imposed, unless the said party shall furnish good and sufficient bail for his or her appearance at the next term of the court of quarter sessions of the county wherein the offense is alleged to have been committed. Section 5. All fines imposed and collected for any violation of this act shall be forwarded to the Chief Factory Inspector, who shall pay the same into the office of the State Treasurer, for the use of the Commonwealth of Pennsylvania. 52 - REPORT OF ACCIDENTS ACT OF JULY 19, 1913. (Pamphlet Laws, page. 843. No. 408.) AN ACT Requiring employers to make report to the Department of Labor and Industry of accidents to employees, and prescribing a penalty for non-compliance there¬ with. Section 1. Be it enacted, &c., That within thirty days after the beginning of the disability of an employe because of any personal injury, caused by an accident occurring in the course of his em¬ ployment, the employer, whether a person, firm, or corporation, shall make report of such accident to the Department of Labor and In¬ dustry. Such report shall set forth the name, address, and nature of the business of the employer; name, address, sex, age, nationality, and occupation of the employe; date, day of week, hour, place, and character of the accident, and the nature of the injury, and the dura¬ tion of the disability, or probable disability, as far as the same can be ascertained. Such employer shall, also, upon request of the Department of Labor and Industry, make such further report as may reasonably be required by it. Section 2. Any person, firm, or corporation having knowledge of the occurrence of such personal injury to an employe, in the course of employment, who shall fail to make report as aforesaid, shall be liable to the Commonwealth for a penalty of one hundred dollars to be recovered by action brought by said department. Section 3. Reports made in accordance with this act shall not be evidence against the employer in any proceeding, either under the Workmen’s Compensation Law of one thousand nine hundred and thirteen or otherwise. Section 4. No employer who has made the report required by this act shall be required to make any other or further report of such accident to any other department of the government of the Commonwealth. Section 5. This act shall not apply to casual employments; nor to accidents resulting in disability continuing less than two days. WIRE-GLASS ACT OF MAY 20, 1913. (Pamphlet Laws, page 272. No. 190.) AN ACT Regulating the openings of buildings, upon, over, or under external fire-escapes. Section 1. Be it enacted, &c., That all exits to external fire- V( escapes shall be by means of doors of fire proof construction, in which doors there may be placed wire-glass, if glass is required for v lighting the interior; and all windows, hereafter opening upon, over. or under external fire-scapes, shall be of fire-proof construction, with wire-glass therein, and with metal fire-proof frames around the windows. > " Ai ’;[[ | Section 2 : Every person, firm, or corporation, trustee, board of education, and board of school directors, or any person or persons having charge, either as agents, trustees, or as a commission, having charge of any building, neglecting or refusing to comply with section one of this act, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than three hundred dollars, or an imprisonment for not more than two months, or either or both, within the discre¬ tion of the court: Provided, That nothing in this act shall interfere with fire-escapes, now in use, approved by the proper authorities. WOMAN’S ACT OF JULY 25, 1913. As Amended 1915. (Pamphlet Laws, 1913, page 1024. No. 466; 1915, page. No.) AN ACT To protect the public health and welfare, by regulating the employment of females in certain establishments, with respect to their hours of labor and the conditions of their employment; by establishing certain sanitary regulations in the estab¬ lishments in which they work ; by requiring certain abstracts and notices to be posted; by providing for the enforcement of this act by the Commissioner of Labor and Industry and others; by prescribing penalties for violations thereof; by defining the procedure in prosecutions; and by repealing all acts and parts of acts inconsistent with the provisions thereof. SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTION 11. SECTION 12. SECTION 13. SECTION 14. SECTION 15. SECTION 16. SECTION 17. SECTION 18. SECTION 19. SECTION 20. SECTION 21. SECTION 22. DEFINITIONS: ESTABLISHMENT, PERSON, WEEK, DAY. INCLUSION OF PLURAL AND ALL GENDERS. HOURS OF LABOR. NIGHT WORK: PROHIBITION IN MANUFACTURING ES¬ TABLISHMENTS . NIGHT WORK: PROHIBITION, FEMALES UNDER TWEN¬ TY-ONE. MID-DAY MEAL PERIODS. INTERVALS BETWEEN WORK PERIODS. SEATS. WASH- AND DRESSING-ROOMS, WATER-CLOSETS. LUNCH ROOMS IN CERTAIN ESTABLISHMENTS. EXHAUST FANS IN CERTAIN ESTABLISHMENTS. DRINKING WATER. ENFORCEMENT: POSTING ABSTRACT OF THIS ACT AND SCHEDULE OF HOURS OF LABOR; PREPARATION AND DISTRIBUTION OF ABSTRACTS AND FORMS OF SCHEDULE. ENFORCEMENT: PROOF OF AGE OF CERTAIN FEMALES. ENFORCEMENT: HINDERING OR DELAYING FACTORY INSPECTORS. ENFORCEMENT: BY THE FACTORY INSPECTORS. PROSECUTION: PROCEDURE, APPEALS. PENALTIES: FIRST AND SECOND OFFENSES. CONTIN¬ UED VIOLATIONS. EXEMPTIONS OF PERSONS FROM PUNISHMENT UNDER CERTAIN CIRCUMSTANCES. DISPOSITION OF FINES. CONSTRUCTION OF THE ACT NOT TO AFFECT INDUS¬ TRIE L TRAINING OR OTHER EDUCATION; UNCONSTI¬ TUTIONALITY OF A PART OF THE ACT. ACTS REPEALED. DATE OF OPERATION. 54 Definitions: Establishment, Person, Week, Day. Section 1. Be it enacted, &c., That the term “establishment, : ” when used in this act, shall mean any place within this Common¬ wealth where work is done for compensation of any sort, to whom¬ ever payable: Provided, That this act shall not apply to work in private homes and farming. The term “person,” when used in this act, shall be construed to include any individual, partnership, or other unincorporated asso¬ ciation, corporation, and municipality. The term “week,” when used in this act, shall mean any seven consecutive days, and the term “day” shall mean any twenty-four consecutive hours. Inclusion of Plural and all Genders. Section 2. Whenever in this act the singular is used the plural shall be included, and whenever the masculine gender is used the feminine and neuter shall be included. Section 3. (a) No female shall be employed or permitted to work in, or in connection with, any establishment for more than six days in any one week or more than fifty-four hours in any one week, or more than ten hours in any one day: Provided, That during weeks in which a legal holiday occurs and is observed by an establishment, any female may be employed by such establishment during three days of such week for a longer period of time than is allowed by this act; but no female shall be permitted to work more than two hours overtime during any one of such three days, nor more than the maximum hours per week specified in this act. The employment of such persons at any other time than as stated herein shall be deemed a violation of the provisions of this section, unless it appears that such employment was to make up time lost in the same week in consequence of the alteration, repairs or acci¬ dents to machinery or plant, upon which she was employed and de¬ pendent for employment; but no stopping of machinery for less than thirty consecutive minutes shall justify such overtime employment, nor shall such overtime employment be legal unless a written report of the same be sent to the Commissioner of Labor and Industry; but no female shall be permitted to work more than two hours over¬ time during any one day, nor more than the maximum number of hours per week specified in this act: Provided, That aforesaid re¬ strictions as to hours shall not apply to females engaged in the can¬ ning of fruit and vegetable products: And provided further , That the one day of holiday in seven may be subdivided into two days of twelve hours each, for women employes in hotels, boarding houses, and in charitable, educational and religious institutions, at the dis cretion of the Industrial Board of the Department of Labor and In dustry: Provided, That if it should, be hereafter held by the courts of this Commonwealth that the power herein sought to be granted to the said board is, for any reason, invalid, such holding shall not be taken in any case to affect or impair the remaining provisions of this section. (b) Whenever any female shall be employed or permitted to work in, or in connection with, more than one establishment in any one 55 week or in any one day, the aggregate number of hours during which she shall be employed or permitted to work in, or in connection with, such establishment shall not exceed the number of hours prescribed in this section for such females in any one week or any one day. (c) The provisions of this section shall not apply to the work of nurses in hospitals. v (The foregoing section is as amended by the Act of June 1, 1915, Pamphlet Laws, page 709, No. 327, the portion added by the amend¬ ment being indicated by italics.) Night-Work; Prohibition, Females under Twenty-one. Section 5. No female under twenty-one years of age shall be employed or permitted to work in, or in connection with, any es¬ tablishment before the hour of six o’clock in the morning or after the hour of nine o’clock in the evening of any day. Provided, That this section shall not apply to females over the age of eighteen years employed as telephone operators. Mid-Day Meal Period. Section 6. Not less than forty-five minutes shall be allowed to every female employed or permitted to work in, or in connection with, any establishment for the mid-day meal, which period shall not be considered a part of the hours of labor: Provided, That whenever any female shall be employed or permitted to work in, or in connec¬ tion with, any establishment for less than eight hours in any one day, the time allowed for the mid-day meal may be reduced to not less than thirty minutes. Employes shall not be required to remain in the work-rooms dur¬ ing the time allowed for meals. Intervals Between Work Periods. Section 7. No female shall be employed or permitted to work for more than six hours continuously in, or in connection with, any establishment, without an interval of at least forty-five minutes, and no period of less than forty-five minutes shall be deemed to in¬ terrupt a continuous period of work: Provided, That whenever any female shall be employed or permitted to work in, or in connection with, any establishment for less than eight hours in any one day, the interval between work-periods may be reduced to not less than thirty minutes. Employes shall not be required to remain in the work rooms dur¬ ing the rest periods required by this section. Section 8. Every person employing or permitting females to work in any establishment shall provide suitable seats for the use in the rooms where they shall work, and shall maintain and keep them there, and shall permit the reasonable use thereof by such females. At least one seat shall be provided for every three females employed or permitted to work, and all seats shall during working hours be conveniently accessible to the workers for whose use they shall be provided. I 56 Wash and Dressing-Rooms. Water Closets. Section 9. Every person employing or permitting females to work in any establishment shall provide suitable wash and dressing- rooms and water-closets, or privies, for their use, so located as to be acces¬ sible to such females. In any establishment in which males and females shall be employed or permitted to work, separate wash and dressing-rooms and water-closets, or privies, shall be provided for each sex; and such wash and dressing-rooms and water-closets, or privies, for each sex, shall be entirely separate from those provided for the other sex. The water-closets or privies provided for females shall be in the ratio of one for every twenty-five females employed or permitted to work. All water-closets or privies shall be properly lighted, and shall be separated from the rooms in which employes shall be permitted to work by partitions extending from floor to ceil¬ ing, and the compartments containing such water-closets or privies shall have sufficient direct outside ventilation, by window or other means. The entrances to the water-closets or privies shall be screened from the rooms in which employes work, and from the entrances to the water-closets or privies provided for the other sex, by screens or partitions at least six feet high. All water-closets or privies shall at all times be kept clean, sanitary, and free from all obscene writ¬ ing or marking. Lunch Rooms in Certain Establishments. Section 10. Any person employing or permitting any female to work in any establishment where white lead, arsenic or other poison¬ ous substances, or injurious fumes, dust or gases, shall be present, shall provide and maintain a suitable room, free from the aforesaid substances, fumes, dust and gases, for the use of said female em¬ ployes; and no such person shall, during the time allowed for meals, permit any such female to remain in any room where the aforesaid substances, fumes, dust, and gases shall be present. Exhaust-Fans in Certain Establishments. Section 11. Any person who shall employ or permit any female to work in any establishment in which poisonous or injurious dust, fumes, or gases shall be created by the machinery or material in process of manufacture, shall provide proper hoods and pipes con¬ nected with exhaust-fans of sufficient capacity to remove such dust, fumes or gases at their point of origin, and prevent them from ming¬ ling with the air in the room, and such fans shall be kept running constantly while such dust, fumes, or gases shall be generated. Drinking-Water. Section 12. Any person employing any female in any establish¬ ment shall make reasonable efforts to at all times provide a suffi¬ cient supply of clean and pure drinking-water. Such water shall be supplied through proper pipe connections with water-mains which furnish water for domestic purposes, or from a spring or well, or body of pure water. If drinking water be placed in receptacles in the establishment, such receptacles shall be properly covered to 57 prevent contamination, and shall at all times be kept thoroughly clean: Provided, That no employer in any establishment shall collect from any such female employe any money for ice furnished in his establishment for drinking purposes, for the use of the employes. Enforcement: Posting Abstract of This Act and Schedule of Hours of Labor; Preparation and Distribution of Abstracts and Forms of Schedule. Section 13. Every person employing or permitting any female to work in any establishment shall keep posted in a conspicuous place in the room where such female shall be employed or permitted to work, a printed abstract of the provisions of this act, and a schedule of the hours of labor of such female: Provided, That when any female shall be employed or permitted to work in more than one room in any establishment, the aforesaid abstract and schedule shall be re¬ quired in only one of the said rooms. If any female shall be employed or permitted to work in connection with any establishment, but not in such establishment, the aforesaid abstract and schedule shall be kept posted in a conspicuous place in the office of such establish¬ ment. The schedule of hours of labor herein required shall contain the name of the female employed or permitted to work, the maximum number of hours such female shall be required or permitted to work on each day of the week, with the total for the week, the hours of commencing and stopping work, and the hours when the time allowed for meals shall begin and end for each day of the week. Such female may begin work after the time for beginning, and stop before the time for ending work, stated in such schedule; but she shall not otherwise be employed or permitted to work in, or in connection with, any establishment, except as stated in such schedule. The Commissioner of Labor and Industry shall prepare the ab¬ stract of the provisions of this act, and a form for the schedule of hours of labor required by this section. Copies of such abstract and such form shall be printed, in accordance with the laws of this Commonwealth regulating printing and publishing, under the super¬ vision of the Superintendent of Public Printing and Binding, and the Commissioner of Labor and Industry shall supply the same, upon application, to all persons required to post the abstract and schedule aforesaid. Enforcement: Proof of Age of Certain Females. Section 14. Whenever any female shall be employed or permitted to work in, or in connection with, any establishment, before the hour of six o’clock in the morning or after the hour of nine o’clock in the evening of any day, who, in the judgment of the Commissioner of Labor and Industry or his deputy, is under twenty-one years of age, such officer may demand from any person employing or per¬ mitting any such female to work in, or in connection with, his estab¬ lishment, that such person shall either furnish to such officer within ten days satisfactory evidence, such as shall be required bv law for the issuing of employment certificates to minors, that such female is, in fact, twenty-one years of age or over, or shall cease to employ 58 or permit sucli female to work in, or in connection with, such estab- lishment, before or after the hours above named. In case such em¬ ployer shall fail to furnish to said officer, within ten days after mak¬ ing such written demand, the required evidence of age, and shall thereafter continue to employ such female, or permit her to work in, or in connection with, such establishment, before or after the hours aforesaid, proof of the making of such demand and of failure to produce the evidence required shall be prima facie evidence of the illegal employment of such female, in any prosecution brought there¬ for. Enforcement: Hindering or Delaying Commissioner of Labor and Industry or His Deputies. Section 15. No person shall hinder or delay the Commissioner of Labor and Industry or any of his deputies in the performance of his duties in the enforcement of this act, or refuse to admit, or lock out, any inspector from any place while females are employed therein, and which said inspector shall be authorized to inspect, or refuse to give any inspector information required for the proper enforce¬ ment of this act. Enforcement: By the Commissioner of Labor and Industry and His Deputies. Section 16. It shall be the duty of the Commissioner of Labor and Industry and. his deputies to enforce all the provisions of this act. They shall visit and inspect establishments, and shall have power at any reasonable time to visit and inspect any establishment in or in connection with which any female shall be employed or permitted to work. They shall investigate all complaints of violations of this act received by them, and shall institute prosecutions for violations of the provisions thereof. Prosecutions: Procedure, Appeals. Section 17. All prosecutions for violations of this act shall be in¬ stituted by the Commissioner of Labor and Industry or his deputy, before a magistrate, alderman, or justice of the peace, who shall issue a summons commanding the person charged with a violation of s the act to appear within not less than five nor more than eight days. Upon conviction after hearing, the penalties provided in this act shall be imposed, and shall be final, unless an appeal be taken to the court of proper jurisdiction, within twenty days after the imposition of the penalties aforesaid, in the manner already provided by law in appeals from penalties. Penalties: First and Second Offenses, Continued Violations, Cumu- ^ lative Penalties, Exemptions of Persons from Punishment Under Certain Circumstances. Section 18. Any person who, whether by himself or for another, or through an agent, servant or foreman, shall violate any provi¬ sion of this act, shall be guilty of a misdemeanor. 59 Upon conviction for a violation of any provision of sections three, four, five, six, or seven of this act, he shall be punished, for a first offense, by a.fine of not less than ten ($10) dollars or more than fifty ($50) dollars; for a second or subsequent offense, by a fine of not less than twenty-five ($25) dollars nor more than two hundred ($200) dollars, or by imprisonment for not more than sixty days, or by both, at the discretion of the court; and whenever any person shall have been notified by the Commissioner of Labor and Industry or his deputy, or by the service of a summons in a prosecution, that he is violating such provision, he shall be punished by like penalties in addition for each and every day that such violation shall have con¬ tinued after such notification. Upon conviction for a violation of any of the provisions of sections eight, nine, ten, eleven, twelve, thirteen, fourteen, or fifteen of this act, the punishment shall be, without regard to the number of females employed, for a first offense, not less than twenty-five ($25) dollars or more than fifty ($50) dollars; for a second or subsequent offense, a fine of not less than fifty ($50) dollars or more than two hundred ($200) dollars, or imprisonment for not more than sixty days, or both at the discretion of the court, and whenever any person shall have been notified by the Commissioner of Labor and Industry or his deputy that he is violating such provisions, and shall have been given a reasonable time in which to remedy the condition which shall con¬ stitute such violation, he shall be punished, in addition to the penal¬ ties aforesaid, by like penalties for each and every day that such violation shall have continued after the expiration of the time al¬ lowed by the Commissioner of Labor and Industry or his deputy for remedying the aforesaid condition: Provided,— First. That any person who shall demand evidence, such as shall be required by law for the issuing of employment certificates to minors, that any applicant for employment or permission to work in, or in connection with, his establishment, is twenty-one years of age, and shall receive the same before employing or permitting such appli¬ cant to work, and who shall have kept the same on file, and, in the case of such applicant, shall have complied with all the requirements of this act applying to a female of the age stated in such evidence of age, shall not be liable to punishment for the violation of section five of this act, though it shall subsequently appear that such applicant was in fact less than twenty-one years of age: Provided, That this provision shall not apply to any person who shall demand and receive the evidence herein provided for, if he knows at the time of receiving such evidence that the applicant is, in fact, less than twenty-one years of age; nor shall this provision prevent the punishment of any person for violating section five of this act after knowledge of the true age of the female employed. Second. That whenever a violation of any provision of this act shall also be a violation of another provision, or other provisions, of this act, penalties may be imposed for the violation of each and every such provision. Third. That under no circumstances shall any person be sen¬ tenced to imprisonment for more than one year for any one violation of this act. Fourth. That whenever a violation of any of the provisions of 60 this act shall also be a violation of the laws of this Commonwealth < regulating the hours of labor and conditions of employment of min¬ ors, penalties shall be imposed under only one of such acts. , Disposition of Fines. Section 19. All fines imposed and collected for any violation of this act shall be forwarded to the Commissioner of Labor and In¬ dustry, who shall pay the same into the office of the State Treasurei for the use of the Commonwealth. Construction of the Act not to Affect Industrial Training or Other Education; Unconstitutionality of a Part of the Act. Section 20. Nothing in this act shall be construed to prevent females of any age from receiving industrial training or other ed¬ ucation in, or in connection with, any school or educational institu¬ tion in this Commomvealth. Each section of this act and every part thereof is hereby declared to be an independent section, or part of a section, and if any section, sub-section, sentence, clause, or phrase of this act shall for any reason be held unconstitutional, the validity of the remaining phrases, clauses, sentences, subsections, and sections of this act shall not be affected thereby. Acts Repealed. Section 21. The following acts, or parts of acts, are hereby re¬ pealed : The act entitled “An act for the preservation of the health of fe¬ male employes in manufacturing, mechanical, and mercantile estab¬ lishments,” approved the twenty-second day of March, Anno Domini eighteen hundred and eighty-"seven (Pamphlet Laws, eighty-seven). Section ten of the act entitled “An act to regulate the employment and provide for the safety of women and children in manufacturing establishments, mercantile industries, laundry or renovating estab¬ lishments; and to provide for the appointment of inspectors to en¬ force the same and other acts providing for the safety or regulating the employment of said persons,” approved the third day of June, Anno Domini eighteen hundred and ninety-three (Pamphlet Laws, two hundred and seventy-six). Sections four and eight of the act entitled “An act to regulate the employment and provide for the health and safety of men, women and children in manufacturing establishments, mercantile in¬ dustries, laundries, renovating works, or printing offices; and to pro¬ vide for the appointment of inspectors, office clerks, and others to enforce the same,” approved the twenty-ninth day of April, Anno * Domini eighteen hundred and ninety-seven (Pamphlet Laws, thirty). * Sections six and ten of the act entitled “An act to regulate the employment and provide for the health and safety of men, women and children in manufacturing establishments, mercantile industries, laundries, renovating works, or printing offices, and provide for the safety of men, women and children, and children in hotels, school buildings, seminaries, colleges, academies, hospitals, storehouses, public halls, and places of amusement, by requiring proper fire- 61 escapes; and to provide for the appointment of inspectors, office clerks and others to enforce the same” approved the twenty-ninth day of May, Anno Domini nineteen hundred and one (Pamphlet Laws, three hundred and twenty-two). Sections three, seven and eight of this act entitled “An act to regulate the employment, in all kinds of industrial establishments, of women and children employed at wages or salary, by regulating the age at which minors can be employed and the mode of certifying the same, and by fixing the hours of labor for women and minors; to provide for the safety of all employes in all industrial estab¬ lishments, and of men, women and children, in school-houses, acad¬ emies, seminaries, colleges, hotels, hospitals, storehouses, office build¬ ings, public halls, and places of amusement, in which proper fire-es¬ capes, exits, and extinguishers are required; to provide for the health of all employes, and of men, women and children in all such estab¬ lishments, storehouses, and buildings, by proper sanitary appliances; and to provide for the appointment of inspectors, office clerks and others, who, with the Chief Factory Inspector, shall constitute the Department of Factory Inspection, to enforce the same; and provid¬ ing penalties for violations of the provisions thereof; fixing the term and salaries of the Chief Factory Inspector and his appointees,’ 7 ap¬ proved the second day of May, Anno Domini nineteen hundred and five (Pamphlet Laws, three hundred and fifty-two). The following acts, or parts of acts, are hereby repealed in so far as they are inconsistent with the provisions of this act: Section two of the act entitled “An act for the relief of the heirs of James Caldwell, deceased, and relative to the hours of labor in manufacturing establishments, ” approved the twenty-first day of April, Anno Domini one thousand eight hundred and forty-nine (Pamphlet Laws, six hundred and seventy-one). Sections one and two of the act entitled “An act to limit the hours of labor constituting a day’s work in this State to'eight hours,” ap¬ proved the fourteenth day of April, Anno Domini one thousand eight hundred and sixty-eight (Pamphlet Laws, ninety-nine). Section eleven of the act entitled “An act to regulate the employ¬ ment and provide for the safety of women and children in manu¬ facturing establishments, mercantile industries, laundry or renovat¬ ing establishments, and to. provide for the appointment of inspectors to enforce the same, and other acts providing for the safety or regu¬ lating the employment of said persons,” approved the third day of June, Anno Domini one thousand eight hundred and nintey-three (Pamphlet Laws, two hundred and seventy-six). Sections one and nine of the act entitled “An act to regulate the employment and provide for the health and safety of men, women and children in manufacturing establishments, mercantile industries, laundries, renovating works, or printing offices; and to provide for the appointment of inspectors, office clerks, and others to enforce the same,” approved the twenty-ninth day of April, Anno Domini one thousand eight hundred and ninety-seven (Pamphlet Laws, thirty). Sections one and eleven of the act entitled “An act to regulate the employment and provide for the health and safety of men, women, and children in manufacturing establishments, mercantile industries, laundries, renovating works, or printing offices; and provide for the 62 safety of men, women and children in hotels, school buildings, sem¬ inaries, colleges, academies, hospitals, storehouses, public halls, and places of amusement, by requiring proper fire-escapes; and to pro¬ vide for the appointment of inspectors, office clerks, and others to en¬ force the same/’ approved the twenty-ninth day of May, Anno Dim¬ ini nineteen hundred and one (Pamphlet Laws, three hundred and twenty-two). v The act entitled “An act prohibiting athletic exhibitions of longer duration than twelve hours in each calendar day,” approved the eleventh day of April, Anno Domini nineteen hundred and three (Pamphlet Laws, one hundred and sixty-six). Sections nine and ten of the act entitled “An act to regulate the employment in all kinds of industrial establishments of women and children employed at wages or salary, by regulating the age at which minors can be employed and the mode of certifying the same, and by fixing the hours of labor for women and minors; to provide for the safety of all employes in all industrial establishments, and of men, women, and children in school-houses, academies, seminaries, colleges, hotels, hospitals, storehouses, office buildings, public halls, and places of amusement, in which proper fire-escapes, exits, and extin¬ guishers are required; to provide for the health of all employes, and of men, women, and children in all such establishments, store¬ houses, and buildings, by proper sanitary appliances; and to provide for the appointment of inspectors, office clerks, and others, who, with the Chief Factory Inspector, shall constitute the Department of Factory Inspection, to enforce the same; and providing penalties for violation of the provisions thereof; fixing the term and salaries of the Chief Factory Inspector and his appointees,” approved the second day of May, Anno Domini nineteen hundred and five (Pamph¬ let Laws, three hundred and fifty-two). Section five of the act entitled “An act to provide for health and safety of minors in certain employments, by regulating the ages at which said minors may be employed, their hours of employment, their protection against injury, and to prescribe rules for the obtaining of employment certificates, and providing penalties for violation of the provisions thereof, approved the twenty-ninth day of April, Anno Domini nineteen hundred and nine (Pamphlet Laws, two hundred and eighty-three). And all other acts or parts of acts, not herein particularly speci¬ fied, which are inconsistent with the provisions of this act. Date of Operation. Section 22. Except as herein otherwise provided, this act shall take effect on the first day of November, Anno Domini nineteen hun- s dred and thirteen. , ► ' /