COMPILATION OF 1913. « iL-MnnY 0; I HE owvcntsiry of ilunor 13 N0V1914 STATE OF MICHIGAN LAWS RELATING TO LABOR COMPILED UNDER THE SUPERVISION OF FREDERICK C. MARTINDALE SECRETARY OF STATE LANSING, MICHIGAN WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 1913 / p7tt &Y* jfaj. '£i/ r TABLE OF CONTENTS. • , e> yv\ -o • i-l CHAPTER I. ORGANIZATION, POWERS AND DUTIES OF THE DEPARTMENT OF LABOR. Act 285, P. A. 1909, creating department, etc Sections. 1-54 CHAPTER II. REGULATION AND INSPECTION. Sec. 1 — Mines: Act 177, P. A. 1913, coal mines 55-101 Act 163, P. A. 1911, election of mine inspectors 102-114 Sec. 2 — Steam vessels: Act 113, P. A. 1909, regulation, etc 115-151 Sec. 3 — Hotels: Act 188, P. A. 1913, relating to conduct, etc 152-166 CHAPTER III. RELATIONS OF EMPLOYERS AND EMPLOYES. Act 106, P. A. 1903, duties and liabilities arising from inducements, etc Act 104, P. A. 1909, liability of common carriers to employes CHAPTER IV. day’s LABOR AND PAYMENT OF WAGES. C. L. 1897, §§5453-5457, legal day’s work C. L. 1897, §§ 5458-5461, day’s labor by railroad employes Act 187, P. A. 1905, payment of wages earned on public works Act 59, P. A. 1913, payment of wages to employes of public corporations Act 290, P. A. 1913, commission on wages for female employes 167-169 170-176 177-181 182-185 186-189 190-193 194-200 CHAPTER V. PROTECTION OF THE RIGHTS, HEALTH, SAFETY AND LIVES OF LABORERS. C. L- 1897, § 11343, protection of laborers in avocations 201 C. L. 1897, §§ 11400-11403, protection of toilers against unjust demands 202-205 Act 194, P. A. 1909, protection of employes, etc., in militia 206-209 Act 210, P. A. 1905, corrupt influencing of employes 210 Act 205, P. A. 1899, water-closets for workmen on buildings 211-212 C. L. 1897, §§ 5508-5510, protection of lives of employes on railroad trains. . . . 213-215 Act 234, P. A. 1907, automatic couplers 216-217 C. L. 1897, §§ 5513-5515, safety of brakemen and other employes 218-220 C. L. 1897, §§ 5522-5525, protection of street railway employes from weather. . 221-224 Act 220, P. A. 1913, operation of power drills in mines 225-227 Act 124, P. A. 1909, safety devices on corn huskers 228-229 C. L. 1897, §§ 5550-5551, protection of line shafting 230-231 Act 119, P. A. 1911, reporting of occupational diseases 232-234 4 CONTENTS. CHAPTER VI. PRIVATE EMPLOYMENT AGENCIES. Sections. Act 301, P. A. 1913, licensing and regulation 235-242 CHAPTER VII. COMPULSORY EDUCATION. Act 200, P. A. 1905, compulsory education of children 243-248 Act 48, P. A. 1907, compulsory education of deaf children 249-251 Note. — The numbers in parentheses ( ), are compiler’s sections and are consecutive throughout the book. The notes used refer to the compiler’s sections. The character / is used in citing Michigan cases, to avoid the repetition of Mich. Annotated with Supreme Court decisions to and including the 173d Mich, report. * LABOR LAWS. Compilation of 1913. CHAPTER I.— ORGANIZATION, POWERS AND DUTIES OF THE DEPARTMENT OF LABOR. An Act to provide for the creation of a department of labor; to pre- scribe its powers and duties; to regulate the employment of labor; to make an appropriation for the maintenance of such department, and to prescribe penalties for the violation of this act. [Act 285, P. A. 1909.] The People of the State of Michigan enact: (1) Section 1. The governor is hereby authorized and Commi^ioner empowered to appoint within thirty days after the passage appointed, of this act, and every second year thereafter, by and with the advice and consent of the senate, and also within thirty days after the occurrence of any vacancy in the office, a suitable person, who shall be a citizen of this state, as commissioner of labor, who shall hold his office until his successor be ap- pointed and qualified. The title of such officer shall be “com- official title, missioner of labor,” and the term of office of such commis- term of office ' sioner shall be for a period of two years after such appoint- ment. Such commissioner shall keep an office in the city of Deputy. Lansing, and shall appoint a deputy, whose term of office shall continue during the pleasure of such commissioner. The commissioner may appoint such deputy factory inspec- Deputy fac- tors and assistants from time to time as shall be necessary tors, etc pec " for the transaction of the business of his office. BUREAU OF LABOR: Organized by Act 156 of 1883 (C. L. 1897, §§ 4597- 4604). Report of Bureau of Factory Inspection to be included in annual re- port of Commissioner of Labor. — Act 44 of 1899, § 12 ; Act 9 of 1903. Scope of functions extended. — Act 313 of 1907. DEPARTMENT OF LABOR : Created by Act 285 of 1909, and amendatory acts of 1911 and 1913 incorporated with the original act in this compilation. Various additional powers, functions and duties, from time to time con- ferred and imposed upon the department, are also included in this compila- tion. (2) Sec. 2. The duties of such department shall be to col- Duties of lect in the manner herein provided, assort, systematize, print department ' and present to the governor, on or before the first day of April, nineteen hundred ten, and annually thereafter, sta- tistical details relating to all departments of labor in this state, including the penal institutions thereof, particularly 6 STATE OP MICHIGAN. Special agents. Inspections. Proviso, aggregates and averages. Further proviso, state departments. Examination of witnesses. Failure to obey sub- poena. Penalty. concerning the hours of labor, the number of employes and sex thereof, the daily wages earned, and savings, the number and character of accidents, the condition of all manufactur- ing establishments, hotels, stores and workshops where labor is employed, with such other matter relating to the indus- trial, social, educational, moral and sanitary conditions of the laboring classes and the productive industries of the state, including the names of firms, companies or corpora- tions, where located, the kind of goods produced or manu- factured, the time operated each year, the number of employes, male or female, the number engaged in clerical work and the number engaged in manual labor, with a classification of the number of each sex engaged in each occupation and the aver- age daily wages paid each. The commissioner of labor is authorized to appoint special agents to represent the depart- ment, with authority to visit firms and establishments, and to collect such statistics and perform such other duties as may be required, with like power as is conferred on said commissioner. The commissioner of labor and all appointees connected with the department, when so directed by said commissioner, shall have full authority to visit and inspect all manufacturing establishments, workshops, hotels, stores and all places where labor is employed, at any reasonable hour, and shall have authority to gather such statistics as may be deemed necessary by the commissioner: Provided, That the commissioner of labor or any one connected with his office, shall not publish, make public, nor give to any in- dividual or to the public the individual statistics obtained from any manufacturing establishment, but all such statis- tics may be published in connection with other similar sta- tistics and given to the public in aggregates and averages: Provided further, That nothing in this section shall be con- strued to prohibit other state departments from taking trans- cripts of such individual statistics for statistical and classifi- cation purposes only. Am. 1913, Act 39. (3) Sec. 3. Such department or any member thereof shall have full power to examine witnesses on oath, compel the attendance of witnesses, the giving of testimony and the production of papers while acting in any part of this state, and witnesses may be summoned by such department or any member thereof, by its process in the same manner, and paid the same fees as are allowed to witnesses attending in the cir- cuit court of any county. Any person duly subpoenaed under the provisions of this section, who shall wilfully neglect to attend or testify at the place named in the subpoena served for such purpose, shall be guilty of a misdemeanor, and on conviction before any court of competent jurisdiction may be punished by a fine not exceeding fifty dollars or imprison- ment in the county jail not exceeding thirty days, or both LABOR LAWS. such fine and imprisonment in the discretion of the court: Provided, That no witness shall be compelled to go outside of Proviso, coun- the county in which he or she resides to testify. (4) Sec. 4. The compensation of such commissioner shall Compensation be two thousand five hundred dollars per annum, and that sioner, etc. of his deputy eighteen hundred dollars per annum, together with all necessary expenses, and the compensation of factory inspectors shall not exceed one thousand dollars per annum, and the assistants or special canvassers or clerks in any office of the department shall receive such compensation as shall be fixed by such commissioner. All such compensation and also How paid, the expense provided for in section one of this act, shall be audited and paid in the same manner as the salaries and ex- penses of other state officers : Provided, That the amount thereof, exclusive of the compensation allowed to said com- limited, missioner and his deputy, shall not in any one year exceed the sum of forty thousand dollars, which sum shall defray the salaries and expenses of the entire department, including factory inspection, coal mine inspection, the gathering of all statistics, the expense of the several free employment bureaus of this state, the inspection of public buildings, school build- ings, opera houses and theaters, and every department of in- vestigation coming within the jurisdiction of such depart- ment : Provided further, That in addition to the above allow- Further pro- ance for expenses said commissioner shall be authorized to Itc°’ pnnting ’ have printed not to exceed five thousand copies of his annual report for the use of the department and for general distribu- tion, and all printing, binding, blanks or map work, and all supplies shall be done or furnished under any contract which the state now has or shall have for similar work with any party or parties, and the expense thereof shall be audited and paid in the same manner as other state printing. (5) Sec. 5. Said department may collect the information information called for in section two of this act, or such information as 0 ec shall by the commissioner be considered essential to perfect the work of the department, from the several state, county, city, village and township officers, and from the officers of prisons, penal and reformatory institutions, or by means of special canvassers under the direction of the commissioner, special can- and it shall be the duty of all such officers to furnish upon the vassers written or printed request of the commissioner such informa- tion as shall be considered necessary for the department upon blanks furnished by said department. (6) Sec. 6 . It shall be the duty of the several supervisors Dutyofsup- of the townships, and the supervisor and assessor of the wards f^Jjors 8 ’ as " of cities in this state, at the time of assessing the property thereof, to obtain the facts and information determined upon by said department, as provided in section five of this act, in accordance with the terms, conditions and requirements of said blanks, and to return said blanks properly filled and duly certified to by such officer without delay to the com- missioner of labor at Lansing. 8 STATE OF MICHIGAN. Access to factory, etc. Misdemeanor, penalty. False testi- mony a felony. Refusal, a mis- demeanor. Proviso, im- proper sub- jects of inquiry. Employment of labor, hours, etc. Proviso. (7) Sec. 7. The commissioner, his deputy and deputy factory inspectors are authorized to enter any factory, work- shop, hotel, store or other place where labor is employed when open or in operation, for the purpose of gathering facts and statistics relating to hours of labor, wages, industrial, eco- nomic and sanitary conditions or matters; and if any em- ployer or his or her agent or agents shall refuse to allow the officers of said department to so enter; or shall refuse to give such information when requested by said commissioner or deputy factory inspector, then such employer or his or her agent or agents shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent juris- diction shall be punished by a fine not to exceed one hundred dollars or by imprisonment for not more than ninety days or both such fine and imprisonment in the discretion of the court. Am. 1913, Act 161. (8) Sec. 8. Any person who shall wilfully and inten- tionally testify falsely before said commissioner or any au- thorized deputy shall be deemed guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for a period not exceeding five years, and any person who shall refuse to testify before said commissioner or before any deputy thereof shall on conviction thereof be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars or imprisonment not exceeding sixty days or both in the discretion of the court: Provided, That no person or corporation shall be required to answer any question that shall be an improper subject of inquiry or foreign to the object of this act. (9) Sec. 9. No male under the age of eighteen years, and no female shall be employed in any factory, mill, ware- house, workshop, clothing, dressmaking or millinery establish- ment, or any place where the manufacture of any kinds of goods is carried on, or where any goods are prepared for manufacturing, or in any laundry, store, shop, or any other mercantile establishment for a period longer than an average of nine hours a day or fifty-four hours in any week, nor more than ten hours in any one day; and all such establishments shall keep posted a copy of this section printed in large type, in a conspicuous place; in establishments having a time clock such copy shall be posted near the time clock. Copies of this section suitable for posting shall be furnished upon the application of any employer by the commissioner of labor: Provided, however, That the provisions of this section in re- lation to the hours of employment shall not apply to nor affect any person engaged in preserving perishable goods in fruit and vegetable canning establishments. No female under the age of eighteen years shall be employed in any manufacturing establishment between the hours of six o’clock p. m. and six o’clock a. m. No child under the age of sixteen years shall be employed in any manufacturing establishment LABOR LAWS. or workshop, mine or messenger service in this state between the hours of six o’clock p. m. and six o’clock a. m. No child under the age of eighteen years shall be employed be- tween the hours of ten o’clock p. m. and five o’clock a. m. in the transmission, distribution or delivery of messages or merchandise. Am. 1911, Act 220. This and the next two sections are deemed to supersede C. L. 1897, §§ 5365-5372. The provision limiting the employment of females to 54 hours per week is a valid exercise of the police power, not violating the fourteenth amendment of the federal constitution by restricting the right to contract ; neither is it class legislation in that it excepts women employed in factories where perishable products are preserved. — Withey v. Bloem, 163 / 419. (10) Sec. 10. No child under the age of twenty-one years Children, shall be employed, permitted or suffered to work in any ®^ ployment theater, concert hall, or place of amusement where intoxi- cating liquors are sold. No child under fourteen years of age shall be employed, permitted or suffered to work in or in con- nection with any mercantile institution, store, office, hotel, laundry, manufacturing establishment, mine, bowling alley, theater, passenger or freight elevator, factory or workshop, telegraph or messenger sendee within this state. It shall be Duty of ^ the duty of every mercantile institution, store, office, hotel, empoyer - laundry, manufacturing establishment, mine, bowling alley, theater, workshop, telegraph or messenger service or any per- son coming within the provisions of this act to keep a regis- ter in which will be recorded the name, birthplace, age and place of residence of every person employed under the age of sixteen years, and it shall be unlawful for any such establish- ment or person to hire or employ, or permit to be hired or employed or suffered to work, any child under the nge of six- teen years without there is first provided and placed on file in the business office thereof a permit issued by the superin- permit issued tendent of schools of the school district in which such child s&ooFs. 1 ° f resides, or someone duly authorized by him in writing, or, where there is no superintendent of schools, by the county commissioner of schools, or someone duly authorized by him in writing, any of whom shall have power to administer oaths in relation thereto or by the judge of probate of the county wherein such child resides. Such permit shall be returned to the child upon leaving such employ; every limited vacation permit, hereinafter to be described, shall, upon its expiration, be void and of no effect. The said register nnd permit shall be produced for inspection on demand of any factory’ inspector appointed under this act; no fee shall be charged for such permit by any officer by whom it shall be issued. Every em- ployer complying with the provisions of this section shall be at liberty to employ the person so presenting the permit here- inbefore referred to, and is justified in considering and treat- ing such person as of the age shown in such permit and shall not be liable, if it transpire that such person is under the age represented in such permit, to any greater extent than such employer would be liable if such person were of the age rep- 10 • STATE OF MICHIGAN. When not to issue permit. School report. Proviso. Record of birth. Statement of physician. Examination. School record, what to con- tain, etc. resented. The person authorized and required to issue such permit shall not issue the same until he has received, ex- amined, approved and filed the following papers, duly exe- cuted : (a) The school report of said child properly filled out and signed as hereinafter provided : Provided, however, That when such permit is issued during the summer vacation no such record shall be required, but all such permits, called in this act limited vacation permits, shall expire upon the first Monday in September, commonly called Labor day, shall con- tain a conspicuous statement of the time at which they shall expire and shall be of a special color distinct from regular permits ; (b) A passport, or duly attested transcript of the record of birth, as kept by any duly authorized public authority, or a record of baptism or other religious record, showing the date and place of birth of such child; (c) A statement from a physician connected officially with the board or department of health, which shall be re- quired, however, only in case the above mentioned official or religious record cannot be produced, which statement shall certify that, in the opinion of the physician issuing said state- ment, the child is fourteen years of age or upwards, is in sound health and physically able to perform the work which it intends to do. Such statement shall also certify to the cor- rect weight and height of said child, and shall be kept on file by the person issuing working permits; such person may, in his discretion, require also an affidavit from the parents or other evidence, as additional proof of age; (d) A statement by the issuing officer that he has exam- ined said child, that in his opinion the child can read intelli- gently and write legibly simple sentences in the English lan- guage, that in his opinion the child is fourteen years of age or upwards, and has reached the normal development of a child of its age and is in sound health and physically able to perform the work which it intends to do, and that in his opin- ion the sendees of the child are essential to the support of itself or its parents. In doubtful cases, such physical fitness shall be determined by a medical officer of the board or de- partment of health. Every such permit shall be signed in the presence of the officer issuing the same by the child in whose name it is issued ; and shall state the date and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the paper required by the preceding sec- tions have been duly examined, approved and filed, and that the child named in such permit has appeared before the officer signing the same and been examined. The school record re- quired by this article shall be signed by the principal or chief executive officer of the school which such child has at- tended and shall be furnished on demand to a child entitled thereto. It shall contain a statement certifying that the child LABOR LAWS. 11 has regularly attended the public schools or schools equiva- lent thereto or parochial schools for not less than one hun- dred days during the school year previous to his arriving at the age of fourteen years or during the year previous to ap- plying for such school record, and is able to read intelligently and write legibly simple sentences in the English language, and in the case of the public schools, has passed satisfactorily the work of the school up to and including the work of the fourth grade; in case of schools other than public schools the record shall contain, instead of a statement of the grade passed, a statement that the child has received during the above mentioned period of a hundred days instructions in reading, writing, spelling, English grammar and geography, and is familiar with the fundamental operations of arith- metic up to and including elementary operations in fractions. Such school board shall also give the age and residence of the child as shown on the records of the school and the name of its parents or guardian or custodian : Provided, That in Proviso, the case of limited vacation permits the school record and all other requirements relating to educational qualifications shall be waived, but all other requirements shall be complied with as prescribed in this section. Every month after the issuance Child to of a permit the child shall report to the person who issued report ‘ same, either in person or in writing through its parent or guardian, stating that the child is employed, giving the name of employer and the location of the place of employment, and if not employed said child shall be compelled to attend school ; (e) Any person who shall make a false statement, tran- False state- SCript, passport, school certificate, certificate of physical fit- ments * etc ness, school record or any other writing required to be made or filed by the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten nor more than one hundred dollars or im- prisonment for not less than ten days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court. Am. Id. Act 113 of 1901, prohibiting the employment of anyone under 16 years of age at work dangerous to life or limb, was not intended to prevent the hiring of such a minor as a common laborer. — Antosik v. Mich. Alkali Co.. 166 / 415. LIABILITY OF EMPLOYER : The employment of a child under 16 years of age to operate a machine dangerous to life or limb (Act 113 of 1901, § 3) constituted actionable negligence. — Sterling v. Union Carbide Co.. 142/284: Beghold v. Auto Body Co., 149 / 14. Whether the employment of such a person to run an electric freight elevator was within that prohibition was a question for the jury. — Braasch v. Mich. Stove Co., 147 / 676. The employer of a child under 16. without the sworn statement of the parent or guardian (Act 113 of 1901 ; Am. Act 171 of 1905) was not relieved of liability by the statement of the child that he was over 16. — Syneszewski v. Schmidt, 153 / 438 ; Braasch v. Mich. Stove Co., 153 / 652. Nor by a similar statement of the child’s elder brother. — Beghold v. Auto Body Co., 149 / 14. Though this act docs not expressly give a right of action to persons injured by its viola- tion, yet a child, injured while unlawfully employed, may maintain an action for damages, unless precluded by some act of his own. — Syneszewski v. Schmidt, 153/438. Where the employment of a child in violation of the statute is relied upon as negligence, the declaration must aver facts from which a prohibited employment appears. — Van Wyck v. Dickinson, 148 / 418. NEGLIGENCE OF INFANT : An infant of 14 years held not guilty of 12 STATE OF MICHIGAN. negligence per se. — Lund v. Sargent Mfg. Co., 158/3. Contributory negli- gence of a child employed in a factory in violation of the provisions of this section held to bar recovery. — Woods v. Kalamazoo Paper Box Co., 167 / 514 ; Beghold v. Auto Body Co., 149 / 14. ASSUMPTION OF RISK : A servant does not assume the risk due to an omission by the master of a statutory dutv imposed for the protection of the servant. — Murphy v. Grand Rapids Veneer Works, 142 / 677 ; Swick v. Aetna Portland Cement Co., 147/454: Trombley v. McAfee, 152 /494: Little v. Bousfield & Co., 154/369: Van Doom v. Heap, 160/199: Johnson v. Union Carbide Co., 169/651. The doctrine of assumed risk, being predicated on contractual relations, is not binding upon a child employed in violation of the statute. — Dalm v. Bryant Paper Co., 157/550. Nor can the risk of in- jury by the negligence of fellow-servants be assumed by a child under 14 unlawfully employed. — Syneszewski v. Schmidt, 153 / 438 : Dalm v. Bryant Paper Co., 157 / 550. Relation of the defenses of assumed risk and contribu- tory negligence. — Swick v. Aetna Portland Cement Co., 147 / 454. The con- tributory negligence of plaintiff may be a defense to an action against an employer for personal injuries, notwithstanding a violation on his part of a statutory duty which deprives him of the defense of assumption of risk. — Trombley v. McAfee, 152 / 494 ; Gehl v. Pittsburg Coal Co., 163 / 285. Certain work not allowed. Proviso. Age certificates. Record of birth. Physician, statement of. (11) Sec. 11. No female under the age of twenty-one years and no male under the age of eighteen years shall he al- lowed to clean machinery while in motion nor employed in or about any distillery, brewery, or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled, nor in any hazardous employment, or where their health may be injured or morals depraved, nor shall females be unnecessarily required in any employment to remain standing constantly. No child under the age of sixteen years shall be employed in or about any theater, variety show, moving picture show, burlesque show, or other kind of playhouse, music or dance hall, pool room or billiard room: Provided, That in all cities in which the department of labor maintains a permanent office, the official in charge thereof shall be authorized and required, under the direction of the commissioner of labor, and in other cities or municipal- ities the superintendent of schools shall likewise be authorized and required to issue, upon demand, certificates of age to young persons past the age of sixteen years, in accord with the following conditions, to-wit: The official authorized to issue such certificate shall not issue the same until he has re- ceived, examined, approved and filed the following papers, duly executed : (a) A passport, or duly attested transcript of the record of birth, as kept by any recognized public authority or a rec- ord of baptism or other religious record, showing the date and place of birth of such young person ; (b) A statement from a physician connected officially with the board or department of health, which shall be re- quired, however, only in case the above mentioned official or religious record can not be produced, which statement shall certify that, in the opinion of the physician issuing said statement, the young person is of the age stated therein. Such statement shall also certify to the correct weight and height of said young person, and shall be kept on file by the official issuing certificates of age ; such official may, in his discretion, require also an affidavit from the parent of the young person concerned, or other evidence, as additional proof of age; LABOR LAWS. 13 (c) A statement by the issuing officer that he has exam- ined said young person, and that in his opinion the young person is of the age stated in said certificate of age. Every such certificate shall be signed, in the presence of the officer issuing the same, by the young person in whose name it is issued, and shall state the date and place of birth of said person, and describe the color of the hair and eyes, the height and weight, and any distinguishing facial marks of such per- son, and that the papers required by the preceding section have been duly received, examined, approved and filed, and that the young person named in such certificate has appeared before the officer and been examined. Every employer com- plying with the provisions of this section shall be at liberty to employ the person so presenting the certificate hereinbe- fore referred to, and is justified in considering and treating such person as of the age shown in such certificate and shall not be liable, if it transpire that such person is under the age represented in such certificate, to any greater extent than such employer would be liable if such person were of the age represented ; (d) This act shall not be construed so as to prevent chil- dren under sixteen years of age from being employed by traveling theatrical companies whose employment consists of acting a part in the productions of such company. Am. Id. Tabinski v. A. Harvey’s Sons Mfg. Co., 168 / 392. (12) Sec. 12. It shall be the duty of the owner, agent or lessee of any manufacturing establishment where hoisting shafts or well-holes are used, to cause the same to be properly enclosed and secured. It shall be the duty of the owner, agent or lessee to provide or cause to be provided at all eleva- tor openings in any manufacturing establishment, workshop, hotel or store, proper trap or automatic doors or automatic gates so constructed as to open and close by the action of elevators either ascending or descending. The deputy factory inspector shall inspect the cables, gearing or other apparatus of elevators in manufacturing establishments, workshops, hotels and stores at least once in each year, and more fre- quently if necessary, and require that the same be kept in a safe condition, and shall have power to condemn any ele- vator if in his opinion the same be unsafe, and stop the opera- tion of such elevator until the same be put in a safe condi- tion. Provisions of Act 113, of 1901, § 5, requiring hoisting shafts and well-holes to be properly enclosed and secured imposes a duty to protect employes and not merely a duty to prevent people from accidentally falling down an elevator shaft from the outside. — Murphy v. Grand Rapids Veneer Works, 142 / 677. No power is given to a factory inspector to order the construction of an elevator. — Barfoot v. White Star Line. 170 / 349, 359. Construction of ele- vators in buildings discussed. — Id. 360. Liability of owner or lessor of a building, part of which is used for manufacturing purposes by the tenant, for failure to install automatic gates. — Barfoot v. White Star Line, 170 / 349. Design of such gates. — Id. Provision of the act of 1901, requiring automatic gates, held not applicable in a certain case. — Delbusso v. American Cement Plaster Co., 165/318. Certificate, what to state, etc. Theatrical children. Hoisting shafts, well- holes. Elevator openings. Inspection of cables, gear- ing, etc. 14 STATE OF MICHIGAN. Factory inspectors, power to condemn. Doors to open outward. Penalty. Hand rails, etc. Screens, where females em- ployed. (13) Sec. 13. Factory inspectors shall have power to condemn all school houses if in their opinion they are unsafe and liable to collapse and cause the lives of children to be en- dangered; also factory inspectors shall have power to order fire escapes on all manufacturing establishments, hotels, stores, theaters, schools, halls, public and office buildings two or more stories in height, and apartment houses three or more stories in height, if in the opinion of the factory inspec- tor it be necessary to insure the safety of persons in such places ; said fire escape or means of egress, or as many thereof as may be deemed sufficient by the inspector, shall be pro- vided, and where it is necessary to provide fire escapes on the outside of such building they shall consist of landings and balconies at each floor above the first, to be built according to specifications provided by the factory inspector. All doors in school houses and the doors of the capitol building and all state institutions shall open outward. Factory inspectors shall in writing notify the owner, agent or lessee of such manufacturing establishments, hotels, stores, theaters, schools, halls, apartment houses and public and office build- ings of the required location and specifications of such escapes as may be ordered and as to all failures to comply with the provisions of this act. Any person, firm or corpo- ration, or any member of any school board, who shall violate or cause to be violated any of the provisions of this section, or shall fail or refuse to erect or cause to be erected any fire escape ordered by any factory inspector, under authority of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dol- lars nor more than one thousand dollars, or imprisoned for not less than three months nor more than one year, or by both such fine and imprisonment in the discretion of the court. Am. 1011, Act 251. (14) Sec. 14. Stairways with substantial hand rails shall be provided in manufacturing establishments, and where in the opinion of the factory inspector it be necessary, the steps of such stairs in all such establishments shall be substanti- ally covered with rubber securely fastened thereon, for the better safety of persons employed in said establishments. The stairs shall be properly screened at sides and bottom where females are employed, and the outside doors of such establishment shall swing outwardly, and no doors shall be locked, bolted or fastened during working hours. Am. 1913, Act 160. A ladder is not a stairway ; the two distinguished. — Davis v. Buss Ma- chine Works, 169 / 498. At common law a night watchman would assume the risk of using a ladder or stairway with no concealed defects, etc., con- structed without a handrail ; but plaintiff did not assume the risk of his em- ployer’s failure to comply with this statute. — Id. LABOR LAWS. 15 (15) Sec. 15. It shall be the duty of the owner of any Shifters, etc. factory, storehouse or warehouse, or his agent, superintend- ent or other person in charge of the same, to furnish or supply, or cause to be furnished or supplied, in the discretion of the factory inspector, where machinery is in use, proper shifters or other mechanical contrivances for the purpose of throwing belts on or off pulleys. All gearing or belting shall Loose pulleys, be provided with proper safe guards, and whenever possible machinery shall be provided with loose pulleys. All vats, vats, saws, saws, pans, planers, cogs, set-screws, gearing and machinery etc - of every description shall be properly guarded when deemed necessary by the factory inspector. Duty of employer under C. L. 1897, § 5349, to safeguard gearing and belt- ing, irrespective of any order by the factory inspector. — Swick v. Aetna Port- land Cement Co., 147 / 454. The legislature did not intend by this act to constitute the factory inspector sole judge as to what employment is danger- ous to the life and limb of a male under 18 years of age. — Tabinski v. A. Harvey’s Sons Mfg. Co., 168 / 392. Gearing defined and held dangerous. — Id. Introduction of testimony to prove that no guard was used held fatal variance from a declaration alleging the use of a defective guard. — Scherer v. Otis Elevator Co., 167/1. (16) Sec. 16. Exhaust fans shall be provided for the pur- Exhaust fans, pose of carrying off dust from emery wheels and grindstones and dust-creating machinery, wherever deemed necessary by the factory inspector. Act 136 of 1887 (C. L. 1897, §§ 5547-5549) requiring blowers in establish- ments where emery wheels or belts are used was held constitutional. — People v. Smith, 108/527. (17) Sec. 17. Every manufacturing establishment, work- wash and shop, hotel or store in which five or more persons are em- ?oJSs? g ciosets. ployed, and every institution in which two or more children, young persons or women are employed, shall be supplied with proper wash and dressing rooms, and kept in a cleanly state and free from effluvia arising from any drain, privy or other nuisance, and shall be provided within reasonable access with a sufficient number of proper water closets, earth closets or privies for the reasonable use of persons employed therein, at least one of such closets for each twenty-five per- sons employed; and wherever two or more persons and one or more female persons are employed as aforesaid, a suffi- cient number of separate and distinct water closets, earth closets or privies shall be provided for the use of each sex, and plainly so designated, and no person shall be allowed to use any such closet or privy assigned to persons of the other sex. In all hotels where sleeping rooms are provided for female help such rooms shall have proper heat and venti- lation. (18) Sec. 18. The commissioner of labor shall be the Factory in- chief factory inspector and the deputy commissioner of labor deemed.’ wh ° and deputy factory inspectors shall be factory inspectors in the meaning of this act. At least two of such deputy factory inspectors shall be women. Said factory inspectors are Powers and 16 .STATE OF MICHIGAN. Deputies. Reports. Copies of, served on sup- erintendents, etc. Evidence of service. Deputies may administer oaths. Annual inspec- tion of factor- ies, etc. Services, etc., how paid. hereby empowered to visit and inspect at all reasonable hours, as often as practicable or required, the factories, workshops and other manufacturing establishments in this state where the manufacture of goods is carried on, and all hotels where any person or persons are employed, also all stores in this state. Deputy factory inspectors shall report to the commissioner of labor at such time and manner as he may require. It shall also be the duty of the factory in- spectors to enforce all the provisions of this act and to prose- cute all violations of the same before a magistrate or in a court of competent jurisdiction in this state. (19) Sec. 19. Deputy factory inspectors shall return to the commissioner of labor, as he may require, detailed reports of the results of all inspections, together with statistics gath- ered, and said commissioner shall keep on file in his office at Lansing a record of all reports so returned. A copy of the report on such inspection and of any order in reference thereto shall be served by the factory inspector on the super- intendent, owner or manager of each building, establishment or workshop inspected. Service of such order shall be ac- cepted and a duplicate thereof signed by such superintend- ent, owner or manager. If the superintendent, owner or manager of whom such signature is demanded shall refuse to so sign such acceptance of service, an affidavit by the inspec- tor showing the facts ,of such service, demand of signature and refusal shall be sufficient evidence of service when duly filed; but such superintendent, owner or manager shall not thereby be released from any criminal liability attending his refusal under this act. Deputy factory inspectors and special canvassers shall have the same power to administer oaths as is now given to notaries public, in cases where persons de- sire to verify documents connected with the proper enforce- ment of this act. The liability of a master for injury to a servant by reason of failure to guard dangerous machinery, under the provisions of Act 113, of 1901, de- pends upon the fact of the order having been made by the factory inspector and brought to the notice of the master. — Kerr v. Nat’l Fulton Brass Mfg. Co., 155/191. (20) Sec. 20. For the purpose of carrying out the provi- sions of this act, the commissioner of labor is hereby author- ized and required to cause at least an annual inspection of all manufacturing establishments, factories, hotels, workshops and stores. Such inspection may be made by the commis- sioner of labor, the deputy commissioner of labor, deputy factory inspectors, or such other person as may be appointed by the commissioner of labor for the purpose of making such inspection. Such persons shall be under the control and direction of the commissioner of labor. All compensa- tion for services and expenses provided for in this act shall be paid by the state treasurer upon the warrant of the LABOR LAWS. 17 auditor general and audited by the auditor general : Pro- Proviso, year- vided, That the commissioner of labor shall present to the ly report ‘ governor on or before the first day of April of each year, a report of such inspection, with such recommendations as may in his judgment be necessary. (21) Sec. 21. The prosecuting attorney of any county of Compiamte of this state is hereby authorized and shall, upon the complaint violation. on oath of the commissioner of labor or any factory inspec- tor, or of any citizen of the United States, if approved by any factory inspector, prosecute to termination before any court of competent jurisdiction, in the name of the people of the state, actions or proceedings against any person or persons reported to him to have violated any of the'provisions of this act. Am. 1911, Act 123. (22) Sec. 22. No room or apartment in any tenement or Tenement or dwelling house shall be used for the manufacture of coats, S?of ng ’ vests, trousers, knee pants, overalls, skirts, dresses, cloaks, hats, caps, suspenders, jerseys, blouses, waists, waist-bands, underwear, neckwear, furs, fur trimming, fur garments, shirts, hosiery, purses, feathers, artificial flowers, cigarettes or cigars, and no person, firm or corporation shall hire or employ any persons to work in any room, apartment or in any building or parts of buildings, at making in whole or in part any of the articles mentioned in this section, without first ob- taining a written permit from the factory inspector or one when of his deputies, stating the maximum number of persons al- 8 lowed to be employed therein and that the building or part of building intended to be used for such work or business is thoroughly cleaned, sanitary and fit for occupancy for such work or business. Such permit shall not be granted until an inspection of such premises is made by the factory inspector or one of his deputies. Said permit may be revoked by the factory inspector at any time the health of the community or of those so employed may require it. It shall be framed and To be P° sted - posted in a conspicuous place in the room, or in one of the rooms to which it relates. Every person, firm, company or when pro- corporation contracting for the manufacture of any of the duced - articles mentioned in this section, or giving out the incom- plete material from which they or any of them are to be made, or to be wholly or partially finished, shall, before con- tracting for the manufacture of any of said articles, or giv- ing out said material from which they or any of them are to be made, require the production by such contractor, person or persons of said permit from the factory inspector, as re- quired in this section, and shall keep a written register of the names and addresses of all persons to whom such work is given to be made, or with whom they may have contracted to do the same. Such register shall be produced for inspec- Register, tion and a copy thereof shall be furnished on demand by the 3 STATE OF MICHIGAN. 18 Proviso, seamstress. Sleeping rooms. Air space, etc. Contagious, etc., diseases to be reported. Seizure of articles. Shipment of infected, etc., articles into state. Proviso, cer- tain stores. Improve- ments, inspec- tors may order. Proviso, non- resident owners. When tenant may deduct from rent. factory inspector or one of his deputies: Provided, That nothing in this section shall be so construed as to prevent the employment of a seamstress by any family for manufactur- ing articles for such family use. None of the work men- tioned in this section shall be done in any room or apartment used for living or sleeping purposes, or which is connected with the room or rooms used for such purposes, and which has not a separate and distinct outside entrance for use of others than members of the family dwelling therein. Not less than two hundred fifty cubic feet of air space shall be al- lowed for each person employed, and all work rooms shall be provided with sufficient means of light, heat and ventilation as may be prescribed by the chief factory inspector. It shall be the duty of local boards of health, health officers and phy- sicians to report within twenty-four hours to the deputy fac- tory inspector in their respective districts each and every case of contagious or infectious disease coming officially to their knowledge. The chief factory inspector or any duly ap- pointed deputy factory inspector shall have power to seize and take charge of all articles found that are being made or partially made, finished, cleaned or repaired in unhealthy or insanitary places where there are contagious or infectious diseases, in violation of the law, and may proceed to disin- fect, condemn or destroy the same as in the opinion of the local board of health officer, the public health or safety may require. Whenever it is reported to the chief factory inspec- tor or to the state board of health, or to either of them, that any of the articles named in this section are being or have been shipped into this state, having previously been manu- factured in whole or in part under unhealthy conditions, said chief factory inspector shall examine said goods and the con- dition of their manufacture, and if upon such examination said goods or any of them are found to contain vermin or to have been made in improper places or under unhealthy condi- tions, he shall make report thereof to the state board of health, which board shall thereupon make such order or orders as the public health and safety may require: Pro- vided, That in stores where goods are manufactured, altered or repaired, work rooms shall be provided with proper heat, light and ventilation, as prescribed in this section. (23) Sec. 23. Factory inspectors shall have power to order all improvements herein specified, such as the repair- ing of elevators, the installment of wash and dressing rooms and water closets. When such improvements are found nec- essary orders for same shall be served on the owner of the building or premises: Provided, That whenever the owner of such buildings or premises as mentioned in this act be a non resident of this state said order may be made on his resident agent or the tenant of such buildings or premises. If the tenant be required to make such improvements he may deduct LABOR LAWS. 19 the cost thereof from the amount of rent for use of such buildings or premises. This section construed in connection with section 12 of this act. — Barfoot v. White Star Line, 170/349. (24) Sec. 24. All persons who employ females in stores, Sjjjjgtor shops, offices or manufactories, as clerks, assistants, opera- tives or helpers in any business, trade or occupation carried on or operated by them, shall be required to procure and pro- vide proper and suitable seats for all such females, and shall permit the use of such seats, rests or stools as may be neces- sary, and shall not make any arbitrary rules, regulations or orders preventing the use of such stools or seats at reason- able times. No employer of female help shall neglect or re- Neglect or re- fuse to provide seats as provided in this act, nor shall make y^e! to pro ~ any rules, orders or regulations in their shops, stores or other places of business requiring females to remain standing when not necessarily in service or labor therein. (25) Sec. 25. No person shall employ or permit any girl ? e ™ a o®n a etc or woman to act as barkeeper, or to serve liquor, or to fur- nish music, or for dancing in any saloon or barroom where spirituous or intoxicating liquors, or malt, brewed or fer- mented liquors are sold or kept for sale. This section is deemed to supersede C. L. 1897, §§ 5361-5364, on the same subject. (26) Sec. 2G. All entrances to foundries shall be con- Foundries, structed and maintained so as to minimize drafts. All pas- sage wa 3 ^s in foundries, now in operation or hereafter to be built, shall be constructed and maintained of sufficient width to make them reasonably safe for the workmen, and no un- necessary obstruction shall be allowed in such passage ways during the hours of casting. Whenever a foundry is so con- Exhaust fans, structed or operated that smoke, steam, dust or noxious gases are not promptly carried off by the general ventilation, exhaust fans shall be provided. No salamanders or open fire Salamanders, places shall be used, unless ample provision be made for con- veying the gases arising therefrom directly from the building. Foundries shall be reasonably well lighted throughout working hours, and reasonably well heated during the cold and inclement weather. Hot water shall be kept available Hot water, for washing purposes during the season in which artificial heating is necessary. When it is thought necessary and ad- visable by a state factory inspector, facilities shall be pro- vided for drying the clothing of persons employed therein. All pits around furnaces in any such foundry shall be cov- ered with substantial iron gratings. All stairways around Burns or such furnaces shall be constructed of iron. There shall be accldent kept on hand at all times in every foundry a reasonable sup- ply of lime water, sweet oil, vaseline, bandages and absorbent cotton for use by the workmen in case of burns or accident. 20 STATE OF MICHIGAN. Places deemed foundries. Fans, blowers. Proviso. Further proviso. Duty of per- sons operating factory. Hood or hopper. Suction pipes. Size. It is hereby made the duty of each and every state factory in- spector to enforce the provisions of this section. Any place or establishment where metal castings or cores are made shall be deemed a foundry within the meaning of this act. This section is deemed to supersede Act 152 of 1907 on the same subject. (27) Sec. 27. All persons, companies or corporations operating any factory or workshop, where wheels or emery belts of any description are in general use, either leather, leather covered, felt, canvas, paper, cotton, or wheels or belts rolled or coated with emery or corundum, or cotton wheels used as buffs, shall provide the same with fans or blowers or similar apparatus, which shall be placed in such a position or manner as to protect the person or persons using the same from the particles of dust produced and caused thereby, and to carry the dust arising from, or thrown off by such wheels or belts while in operation, directly to the outside of the build- ing or to some other receptacle placed so as to receive and confine such dust: Provided, That grinding machines upon which water is used at the point of grinding contact shall be exempt from the conditions of this act: Provided further, That this act shall not apply to solid emery wheels used in saw mills or planing-mills or other wood working establish- ments. Notice to guard emery wheels in use in defendant’s factory held broad enough to include wheels subsequently installed. — Kerr v. Brass Mfg. Co., 155/191. (28) Sec. 28. It shall be the duty of any person, com- pany or corporation operating any such factory or workshop to provide or construct such appliances, apparatus, machinery or other things necessary to carry out the purposes of this act, as set forth in the preceding section, as follows: Each and every such wheel shall be fitted with a sheet or cast iron 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 cen- trifugal force and be carried off by the current of air into a suction pipe attached to such hood or hopper. (29) Sec. 29. Each and every such wheel six inches or less in diameter shall be provided with a three-inch suction pipe, wheels six inches to twenty-four inches in diameter with four-inch suction pipes, wheels from twenty-four inches to thirty-six inches in diameter with five-inch suction pipes, and all wheels larger in diameter than those stated above shall be provided each with a suction pipe not less than six inches in diameter. The suction pipe from each wheel so specified must be full size to the main trunk suction pipe, and the said main suction pipe to which smaller pipes are at- tached shall, in its diameter and capacity, be equal to the combined areas of such smaller pipes attached to the same, and the discharge pipe from the exhaust fan connected with LABOR LAWS. 21 such suction pipe or pipes shall be as large or larger than the suction pipe. (30) Sec. 30. It shall be the duty of any person, com- Connection of pany or corporation operating any such factory or workshop, pipes. to provide the necessary fans or blowers to be connected with such pipe or pipes, as above set forth, which shall be run at such rate of speed as will produce a velocity of air in such suction or discharge pipes of at least nine thousand feet per minute or an equivalent suction or pressure of air equal to raising a column of water not less than five inches high in an U-shaped tube. All branch pipes must enter the main Branch trunk pipe at an angle of forty-five degrees or less. The main pipes ‘ suction or trunk pipe shall be below the polishing or buffing wheels and as close to the same as possible, and be either upon the floor or beneath the floor on which the machines are placed to which such wheels are attached. All bends, Bends, turns. turns or elbows in such pipes must be made with easy smooth surfaces having a radius in the throat of not less than two inches diameter, of the pipe on which they are connected. (31) Sec. 31. It shall be the duty of any factory in- who may visit spector, sheriff, constable or prosecuting attorney of any fac^ory^uring county in this state, in which any such factory or workshop working hours, is situated, upon receiving notice in writing, signed by any person or persons having knowledge of such facts, that such factory or workshop is not provided with such appliances as herein provided for, to visit any such factory or workshop and inspect the same, and for such purpose they are hereby au- thorized to enter any factory or workshop in this state dur- ing working hours, and upon ascertaining the facts that the proprietors or managers of such factories or workshops have ^ompiamt, failed to comply with the provisions of this act, to make complaint of the same in writing before a justice of the peace or police magistrate having jurisdiction, who shall there- warrant, upon issue his warrant directed to the owner, manager or director of such factory or workshop r who shall be thereupon proceeded against for the violation of this act as hereinafter mentioned, and it is made the duty of the prosecuting at- torney to prosecute all cases under this act. No person shall ^asements^n be employed to operate any of the wheels, buffers or belts wheels! 'buf- m mentioned in this act in any basement, so-called, or in any fers> etc ” in - room lying wholly or partly beneath the surface of the ground, unless such workroom shall be provided with suffi- cient means of light, heat and ventilation as shall be pre- scribed by the state factory inspector. No female shall be Females, employed in operating or using any of the wheels or belts specified in this section. (32) Sec. 32. All persons, companies or corporations Hair picking operating any upholstering or mattress establishments or machmes - other establishments, factory or place where hair, moss, tow or cotton is used for filling, shall provide the same with hair picking machines when ordered by the commissioner, deputy commissioner of labor or deputy factory inspector, which 22 STATE OF MICHIGAN. shall be placed in such a position or manner as to carry away the dust arising from or thrown off by such machines while in operation directly to the outside of the building or to some other receptacle established so as to receive and confine such when estab- dust, and the same shall be placed within such establish- ment, place or factory within three months after having been ordered to be so placed by the commissioner, deputy com- missioner of labor or deputy factory inspector. This section is deemed to supersede Act 252 of 1907 on the same subject. Stationary steam boilers. Proviso, approval, inspection. (33) Sec. 33. All stationary steam boilers operated or used, or caused to be operated or used, by any person, firm or corporation within the state of Michigan, shall, whenever so ordered by the chief factory inspector or any of his duly authorized deputies, have upon them some device which will sound an alarm for the purpose of calling the attention of the engineer, fireman or person in charge of any such boiler to the depth of water in the boiler before the same reaches the danger point: Provided, That the kind of device or alarm used shall be approved by the chief factory inspector of the state; and he or any of the duly authorized deputies shall be authorized to enter upon the premises of any person, firm or corporation within this state for the purpose of in- specting any stationary steam boiler so used or operated. This and the next section are deemed to supersede Act 209, of 1899, on the same subject. Low water alarm, oper- ation without, unlawful. Employment bureaus, creation of. Labor com- missioner to organize. (34) Sec. 34. It shall be unlawful for any person, firm or corporation to operate any stationary steam boiler without its having a low water alarm attached thereto, after the chief factory inspector or any duly authorized deputy has ordered the same to be used as specified in this act. (35) Sec. 35. Free employment bureaus are hereby au- thorized to be created and established in this state as follows: One in the city of Detroit, one in the city of Grand Rapids, one in the city of Jackson, one in the city of Bay City, one in the city of Battle Creek, one in the city of Muskegon, one in the city of Saginaw, one in the city of Flint, one in the city of Kalamazoo and one in the city of Traverse City, for the purpose of receiving applications of persons seeking em- ployment and applications of persons seeking to employ labor. Such bureaus shall be designated and known as Michigan free employment bureaus. The commissioner of labor shall organize, establish and control the free employment bureaus authorized by this act. No compensation or fee shall be charged or received directly or indirectly from persons ap- plying for employment or help through any such bureau. It shall be the duty of said commissioner of labor to use all dili- gence in securing the co-operation of employers of labor with the purpose and objects of said employment bureau. To this end it shall be competent for said commissioner to advertise in the columns of newspapers or to use other mediums for LABOR LAWS. 23 such situations as he or his agents have applicants to fill, and for such help as may be called for by employers. Said commissioner of labor may also advertise in a general way for the co-operation of large contractors and employers, in such trade journals or special publications as reach such em- ployers, whether such trade journals are published in the state of Michigan or not, and he may pursue such other methods as in his judgment will best tend to accomplish the purpose of this act. Am. 1911, Act 191. This and the next two sections are deemed to supersede Act 281 of 1907 on the same subject. (36) Sec. 36. The commissioner of labor is authorized to Assistants, appoint such assistants as may be necessary for the proper administration of such free employment bureaus. All such assistants shall be under the control and direction of the commissioner of labor, and shall receive such compensation as he shall determine. All compensation for services and ex- compensation, penses provided for in this act, except the compensation allowed to the commissioner and his deputy, shall be paid from the sum of forty thousand dollars hereinafter appro- priated under the provisions of section thirty-seven of this act. Such compensation and services shall be paid by the How re- state treasurer upon the warrant of the auditor general in the same manner as other salaries and expenses are paid. (37) Sec. 37. The sum of forty thousand dollars is here- A^nnua^ap- by appropriated for each fiscal year beginning July first, propna nineteen hundred nine, for the maintenance and support of said department of labor, and the auditor general is hereby directed to annually add to and incorporate in the state tax to be levied each year the sum of forty thousand dollars, which when collected shall be credited to the general fund to reimburse the same for the money appropriated by this act. (38) Sec. 38. An inspector of coal mines shall be ap- Ins f^-JJg S of pointed by the commissioner of labor, whose duty shall be to duty of. inspect the coal mines of Michigan and from time to time re- port the results of his inspection with such other labor sta- tistics as he shall be directed to collect, to the commissioner of labor, upon such blanks and in such manner as the latter named official shall designate, and the results and findings of said coal mine inspector shall be incorporated in the regular annual report of said commissioner of labor. Said inspector Compensation. shall receive in compensation for his services four dollars per day and his necessary expense of travel while employed and under instructions, it being further provided that the expenses and salary of said inspector shall not exceed two thousand dollars per year. Sec Act 177 of 1913 for the regulation and inspection of coal mines, and Act 263 of 1911 for the election of county mine inspectors, sections 55-114 of this compilation. 24 STATE OF MICHIGAN. Inspector, right and power of. Engineers. Weighmen to be sworn. Check weighman. Timber. Ventilation. Certain mines not required to change system. Doors set on entries. Break- throughs. (39) Sec. 39. The inspector, when properly commis- sioned by the commissioner of labor, shall have the right and power to enter any coal mine for the purpose of inspecting or collecting statistics relating to the hours of labor, wages, industrial, economic and sanitary questions or matters of scales. Only competent and trustworthy engineers shall be permitted to operate the cages and hoisting devices in all coal mines of this state. (40) Sec. 40. All weighmen who shall perform the duty of weighing the coal shall be sworn by some one competent to administer a legal oath, that they will perform their duty accurately and impartially as between employers and em- ployes, and that they will honestly report and record all weights of coal to which they are intrusted. The coal mine employes shall have the right to name a competent and fair check weighman, who shall be paid by the employes, and shall be sworn by any one authorized to administer oaths. (41) Sec*. 41. The owner, agent or operator of any and all mines shall keep a supply of timber constantly on hand, of sufficient length and dimensions to be used as props and cap pieces, and the same shall be delivered to the miner at his respective place of work, of such dimensions as he shall designate. For the purpose of ventilation, the mines shall be furnished with one hundred cubic feet of air per minute for each person employed and three hundred cubic feet for each animal used therein, measurements to be made at any point of the intake airways. It shall be circulated through the mines in such a way that each working place will be kept in a healthy condition, free from noxious gases or deleterious air. To secure this result the current shall be split or sub- divided, when in the judgment of the mine inspector such is necessary. Mines that have been in operation more than two years prior to the passage of these amendments to the in- spection of coal mines, act number fifty-seven of the public acts of eighteen hundred ninety-nine, shall not be required to change their system of ventilation, in so far as they pertain to splits and subdivisions. (42) Sec. 42. All doors set on entries for the purpose of conducting ventilation shall be made sufficiently tight to effectually obstruct the air current, and any employe of the coal company who wilfully or maliciously refuses to keep such doors closed shall be subject to a fine not to exceed five dollars or imprisonment in the county jail not to exceed thirty days, or both in the discretion of the court. It shall be the duty of the mine owners to close or cause to be closed all entry breakthroughs with air tight brattices, with the ex- ception of the breakthrough nearest the working place of the employe, unless the area of breakthrough is too small to permit of the passage of air, when two breakthroughs may remain open, no obstruction of any kind to be placed in LABOR LAWS. 25 breakthrough nearest working face. All mines generating Certain mines explosive gases shall be examined every morning by a duly iSedevery ^ ’ authorized agent of the proprietor, to determine whether mornin e- there are dangerous accumulations of gas. No employe shall enter his working place until such examiner shall have re- ported all such conditions safe for beginning work. (43) Sec. 43. Any shaft in process of sinking, and any Shafts, etc., opening projected for the purpose of mining coal shall be sub- S^l^tion. ject to the inspection of the state inspector of mines for the district in which said shaft or opening is located. At the bot- Passageways, tom of every shaft and at every caging place therein, a safe and commodious passage way must be cut around said land- ing place to serve as a traveling way by which men and animals may pass from one side of the shaft to the other without passing under or on the cage. The upper and lower Landings, landings at the top of each shaft, and the opening of each intermediate seam from or to the shaft, shall be kept clean and free from loose materials, and shall be securely fenced with automatic or other gates so as to prevent either man or materials from falling into the shaft. (44) Sec. 44. Every hoisting shaft must be equipped Cages, with substantial cages, fitted to guides running from the top to the bottom. Said cages must be safely constructed, they must be furnished with suitable iron covers not less than three-sixteenths inch in thickness to protect persons riding thereon from falling objects; the cages mast be equipped with safety catches, which catches must be examined daily by the mine owners or their representatives. Cages, catches and rope fastenings shall be examined daily, and cages tested by drop quarterly and a record of these examinations shall be kept by the companies, and said records shall be subject to exam- ination by the mine inspector or any authorized representa- tive employe. Every cage on which persons are carried must be fitted up with iron bars or rings in proper place, and a sufficient number to furnish a secure hand-hold for each per- son permitted to ride thereon. No more than ten men shall be allowed to ride upon the cage at the same time, and no one shall be allowed on one cage while a loaded car is on the other cage. (45) Sec. 45. A light shall be provided at the top and Lights, bottom of the shaft while men are being hoisted and lowered into the shaft, except in daylight, when no light will be re- quired at the top of the shaft. For every coal mine in the ^ f a t pement state, whether worked by shaft, slope or drift, there shall be provided and maintained in addition to the hoisting shaft, a separate or escapement shaft or opening from the surface to the coal vein or veins and communicating with the hoisting shaft through an opening in the mine, so as to constitute two separate means of egress to all persons employed in the mine. The operators shall commence the sinking of an when com- escapement or air shaft not later than three months after the menced - 26 STATE OF MICHIGAN. How equipped. When exam- ined. Underground communica- tion between adjacent mines. Boiler houses. Hoisting engines. Flanges on cylinder drum. Hoisting cables. Signals. main shaft has been sunk, and men shall not be employed in the mines for a longer time than three months before the sinking of an air shaft and necessary under ground ap- proaches are begun, and when begun the work in both air shafts and approaches shall be continually prosecuted until completed, the area of shaft to be not less than sixty-four square feet. The escapement shaft at every mine shall be equipped with safe and ready means for the prompt removal of men from the mines in time of danger, and such means shall be a substantial stairway set at an angle not greater than forty-five degrees, which shall be provided with hand rails and with platforms or landings at each turn of the stair- way; this section not to apply to mines already opened, further than to provide the ready means for the prompt re- moval of the men in time of danger. All escapement shafts and passageways leading thereto, or to the works of a con- tiguous mine must be carefully examined at least once a week by the mine manager or a man especially delegated by him for that purpose. If obstructions are found they shall be immediately removed. (46) Sec. 46. When operators of adjacent mines have by agreement established underground communication between said mines, as an escapement outlet for men employed in both, the roadways to the boundary on either side shall be kept clean of every obstruction so as not to prevent the free passage of the respective operators or employes, and the in- tervening door shall remain unlocked and ready at all times for immediate use. Any building erected after the passage of this act for the purpose of housing boilers, shall not be less than sixty feet from shafts. Every hoisting engine used either for the sinking of escapement shafts or for the hoisting of coal shall be provided with a good and sufficient brake on the drum, so adjusted that it may be operated by the engineer without leaving his post at the levers. When cylinder drum is used, flanges with sufficient height shall be attached there- to to prevent the rope from slipping off the drum. (47) Sec. 47. The ends of the hoisting cables shall be well secured on the drum and at least one and one-half laps of the same shall remain on the drum when the cage is at rest on the lowest cage rest in the shaft. The following code of signals shall be used in the hoisting of coal, and in the hoist- ing and lowering of men into and from the mines; said code of signals shall be displayed in a conspicuous place, so that they may be easily seen by the engineer and eager when standing at their posts: One bell, Hoist cage; stop cage when in motion; Two bells, Lower cage; Three bells, Hoist car of dirt; Four bells, Men and cage ready to be hoisted; Cage must always be stopped at landing on four bells. Five bells, Hoist slowly, danger; LABOR LAWS. 27 Notice to men at bottom coming op — ring four bells. After engineer gives one blast with whistle, get on cage and ring one bell to be hoisted. Engineer wanting cage while at bottom will give four blasts with whistle before moving cage. (48) Sec. 48. The state inspector of mines is hereby em- powered to test all scales used in connection with the weigh- ing of coal in or about the coal mines. He shall have full access to everything used in the weighing of coal. It shall be the duty of the mine foreman or his assistant to visit each working place in the mine at least twice each week. None but safety hooks shall be used on buckets in sinking shafts. (49) Sec. 49. Every employe working in or about the coal mines of this state, and engaged in the handling of pow- der, shall use every precaution to prevent premature explo- sion. In the preparing of blasts the following rules must be strictly observed in all cases: No lighted lamp, pipe or other article by which powder can be ignited shall be kept within four feet of the powder, and said lamp, pipe or other article must be on the windward side of powder; in blasts where fuse is used, no miner or other person shall return to place of blast, when cartridge has failed to explode, before four hours have elapsed from the time of lighting the fuse. Any employe or other person violating these rules shall be subject to a fine not to exceed five dollars or to imprison- ment in the county jail not to exceed thirty days, or both upon conviction in the discretion of the court. (50) Sec. 50. Only a pure animal or vegetable oil, or other oil as free from smoke as a pure animal or vegetable oil, and not the product or by-product of resin, shall be used for illuminating purposes in the mines of this state. The inspector of coal mines shall have power to inspect as often as necessary all oils used in the coal mines in this state, and shall have power to condemn any oil in his judgment not up to the standard within the meaning of section fifty- four of this act. An inspector of oil shall visit the mines at least four times a year to test all oils used for illumi- nating purposes in the mines of this state, and any person or persons, firm or corporation having in charge the opera- tion or running of any mine which, in a mine under his or its charge, uses or permits the use of any oil other than that prescribed by the provisions of this act, and any miner or mine employe who uses any oil other than prescribed in this act in any mine in this state shall be fined not less than five nor more than twenty-five dollars. (51) Sec. 51. It shall be the duty of the mine owners, previous to the abandonment of a mine to make or cause to be made a map of all the underground workings of the said mine, and to file the said map with the state inspector of mines. When the operations of a coal mine are becoming dangerously near an abandoned mine, the mine inspector shall be notified bv the mine management and he shall order such Scales, testing of. Mine foreman, duty of. Premature explosions. Rules to be observed. Penalty. Illuminat- ing oil. Quarterly test. Penalty. Abandoned mines, map of. Mine in- spector, when notified. 28 STATE OF MICHIGAN. Water closets. Dynamite. Fine. Penalty clause. Terms and definitions. precautions taken as in liis judgment will insure safety of life and property. (52) Sec. 52. For the purpose of observing the best sanitary conditions possible in the mines of this state, no employe therein shall use any portion of the mine excava- tions as a water closet that is not at least twenty-five feet from any air current. (53) Sec. 53. For the greater protection of mine work- ers and the better preservation of coal mines, the use of dynamite or other similar explosives used in blasting coal loose, except the ordinary black powder commonly used in mines, is prohibited, unless the mine management and miners agree it is a necessity; but nothing in this act shall be con- strued as preventing miners from using dynamite or similar explosives in coal as an assistance to shearing in narrow work where mine management and miners agree it is a neces- sity. Any violation of this section shall be punished by a fine or imprisonment or both in the discretion of the court. (54) Sec. 54. Any person who violates or omits to com- ply with any of the foregoing provisions of this act, or who interferes in any manner with the factory inspector in the discharge of his duties, or who suffers or permits any child or female to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than ten nor more than one hundred dollars or by imprisonment for not less than ten nor more than ninety days, or by both such fine and imprison- ment in the discretion of the court. Sec. 55 repeals “all acts or parts of acts inconsistent herewith.” CHAPTER II.— REGULATION ANI) INSPECTION. SECTION I. — MINES. An Act to provide for the health and safety of persons employed in and about the coal mines of Michigan, for the appointment, quali- fications, duties and compensation of an inspector of mines, and for the protection and preservation of property connected therewith, and to provide penalties for the violation thereof, and for the re- peal of all acts and parts of acts inconsistent herewith. [Act 177, P. A. 1913.] The People of the State of Michigan enact : (55) Section 1. For the purposes of this act, the terms and definitions contained herein shall be as follows: Mine. In this act the term “mine” includes the shafts, slopes and drifts connected with excavations penetrating the coal stratum or strata, which excavations are ventilated by one general air current, or divisions thereof, and connected LABOR LAWS. 29 by one general system of mine railroads, over which coal may be delivered to one or more points outside the mine, when such is operated by one operator. Excavations and workings. The term “excavations and workings’’ includes all the excavated portions of a mine, those abandoned, as well as the places actually being worked; also all underground workings and shafts, slopes, tunnels and other openings, in the course of being sunk or driven, together with all roads, appliances, machinery and material connected with the same below the surface. Shaft. The term “shaft” means a vertical opening through the strata that is or may be used for the purpose of ventila- tion or drainage, or for hoisting men, coal or material, or both, in connection with the mining of coal. Slope. The term “slope” means an incline or opening rnsed for the same purpose as a shaft. Operator. The term “operator” means any firm, corpora- tion or individual operating any coal mine, or any part thereof. Superintendent. The term “superintendent” means the person who shall have, on behalf of the operator, immediate supervision of one or more mines. Mine foreman. The term “mine foreman” means the per- son whom the operator or superintendent shall place in charge of the inside workings of the mine and of the persons em- ployed therein. Inspector. The term “inspector” means the person com- missioned by the commissioner of labor to have supervision of the mines as hereinafter prescribed. Mine committee. The term “mine committee” means men employed to represent the miners. See ante, sections 38-53. The several states possess a general police power, by which persons and property are subjected to all kinds of restraints and burdens in order to secure the general health, comfort and prosperity of the state. — Davock v. Moore. 105/120. 132. And the state, in the exercise of that power, may prescribe reasonable reflations for the protection of employes, for the rieht of the citizen to use his property without reflation must yield to the public exigency. — People v. Smith, 108 / 527. Such reflations of the use of private property will be presumed reasonable and necessary, unless the contrary ap- pears from facts of which the court may take judicial notice. — Id. Appointment of Mine Inspector. (5G) Sec. 2. An inspector of coal mines shall be ap- By whom pointed by the commissioner of labor, subject to the approval appomted - of the governor of the state, who shall have had at least eight years’ experience in the mine, three years of which he was employed in mining and loading coal, and he shall not, while in office, be interested as owner, operator, agent, di- rector or otherwise interested in any coal mine, gas, oil or other mining interest, directly or indirectly, or in any way whatever be connected with a miners’ organization dur- ing his term of office, and he must have been a resident of the state at least five years before his appointment to office, and shall receive as a salary for his services the sum 30 STATE OF MICHIGAN. Proviso. Proviso. Further proviso. of four dollars per day, and in addition thereto shall be allowed an amount not exceeding seven hundred fifty dollars for traveling expenses per year. The inspector shall present all bills for traveling expenses to the commissioner of labor, and the same shall be approved by him before being pre- sented to the board of state auditors for allowance. The salary and expense of the inspector shall be paid semi- monthly from the general fund of the state upon war- rants drawn by the auditor general. Police Powers of Inspector. (57) Sec. 3. The inspector of mines is hereby empowered to act as police officer with full power to arrest and detain any person found violating any provisions of this act, or engaged in any attempt to violate this law or any part thereof, or against whom there is found any evidence of a previous violation of this law : Provided, however, That no such person shall be detained for any period of time longer than twenty^four hours without warrant or the filing of a charge against him in a court of competent jurisdic- tion. Such inspector shall also have the power to immediately stop the operation of any coal mine, or part thereof, in which any dangerous or unlawful condition is found: Pro- vided, however, That where conditions exist justifying him to do so, he may grant a reasonable length of time for making necessary repairs: And Provided further, That where any stop is enforced, such inspector shall have the power to subsequently allow such mine, or part of mine to be re- opened when the dangerous or unlawful conditions have been remedied or removed, so that they no longer exist. Authority to Enter. (58) Sec. 4. It shall be lawful for the inspector of mines to enter, examine and inspect at any and all seasonable times, by day or by night, but so as not to unreasonably ob- struct or hinder the working of such coal mine, and the operator of every such coal mine is hereby required to allow free access for making such examination and inspection. Posting Notices. (59) Sec. 5. The result of all coal mine inspections made by the inspector of the mines, showing all his conclusions as to the condition or safety of the mines and orders given in the inspection of any coal mine, shall be posted in writing at the entrance to such mine immediately upon the conclusion of each inspection, and he shall furnish a copy of such re- port to the mine office, and also to the mine committee. The inspector of mines shall make personal inspection of all coal mines in the state at least four times each year. LABOR LAWS. 31 Inspector of Weights. (60) Sec. 6. The state coal mine inspector shall be ex officio inspector of weights, measures and scales used at coal mines, and he is hereby empowered and it shall be his duty to test all the scales, correctly measure the weight of such coal, and if defects or irregularities are found in such scales, which prevent correct weights and measurements, the inspector shall call the attention of the mine owner, agent or operator to such defects, and shall direct the same to be at once properly adjusted and corrected.. Test Weights. (61) Sec. 7. For the purpose of carrying out the pro- visions of this act, the state inspector shall be furnished by the state with a complete set of standard weights, suitable for testing the accuracy of track scales and of all smaller scales at mines. Such test weights shall remain in the custody of the inspector for use at any point within the state, and for any amounts expended by him for storage, transporta- tion or handling of the same, he shall be fully reimbursed upon making entry of the proper items in his expense voucher. Weighmen to Make Oath. (62) Sec. 8. All weighmen who shall perform the duty of weighing coal shall be sworn by some one competent to administer a legal oath, that they will perform their duty accurately and impartially as between employers and em- ployes, and that they will honestly report and record all weights of coal with which they are entrusted. The coal mine employes shall have the right to name a competent and fair check weighman, who shall be paid by the em- ployes and be sworn by one authorized to administer oaths. Map of Mines. Copies Furnished Mine Inspector. Sur- veys Ordered. When. (63) Sec. 9. The owner, operator, lessee or person in charge of any coal mine, shall make or cause to be made an accurate map or plan of such mine, drawn to a scale of not more than two hundred feet to the inch, on which shall ap- pear the name of the state, county and township in which the mine is located, the designation of the mine, the name of the company or owner, operator, lessee or person in charge, the certificate of the mining engineer or surveyor as to the accuracy and date of the survey, the north point and the scale to which the drawing is made. Every such map or plan shall correctly show the surface, boundary lines of the coal rights pertaining to each mine, and all sections or quarter section lines or corners within the same; the lines of town lots and streets; the tracks and sidetracks of all railroads, the location of all wagon roads, rivers, streams, 32 STATE OF MICHIGAN. ponds. For the underground workings said map shall show all shafts, slopes, tunnels, or other openings to the surface or to the workings of a contiguous mine, all excavations, entries, rooms and crosscuts ; the location of the escape ways, and of the fan or other means of ventilation, and the di- rection of air currents and the location of permanent pumps, hauling engines, engine plans, abandoned work, fire walls and standing water. A separate and similar map drawn to the same scale in all cases, shall be made of each and every seam of coal operated in any mine in this state. A separate map shall also be made of the surface whenever the surface buildings, lines or objects are so numerous as to obscure the details of the mine workings, if drawn upon the same sheet with them, and in such case the surface map shall be drawn upon transparent cloth or paper, so that it can be laid upon the map of the underground workings and thus truly indicate the local relations of lines and objects on the surface to the excavations of the mine, together with any other principal workings of the mine. The original or true copies of all such maps shall be kept at the office of the mine, and true copies thereof shall also be furnished the state inspector of coal mines within thirty days after the completion of the same. The maps so delivered to the in- spector shall be the property of the state, and shall remain in the custody of the commissioner of labor during his term of office, and be delivered to his successor in office. They shall be kept at the office of the commissioner of labor, and be open to examination of all- persons interested in the same,- but such examination shall be made only in the presence of the inspector, commissioner of labor, or his office assistant; no copies of the same to be made without the written con- sent of the operator or owner of the property, except as herein otherwise provided. An accurate extension of the last preceding survey of every mine in active operation shall be made in every twelve months prior to July first of every year, and the result of such survey, with the date thereof, shall be promptly and accurately entered upon the original map; and a true, correct and accurate copy of said extended map shall be forwarded to the inspector of coal mines so as to show all changes in plan of new work in the mine, and all extensions of old workings to the most advanced face or boundary’ of said workings which have been made since the last preceding survey; and the parts of the mine abandoned or worked out after the last preceding survey shall be clearly indicated and shown by colorings, which copy must be delivered to such inspector of coal mines within thirty days after the last survey is made. When any coal mine is worked out or is about to be abandoned, or indefinitely closed, the owner, operator, lessee or person in charge of the same shall make or cause to be made a complete and extended map of said mine, and the result of the same shall be duly extended on a]] maps of the mine and LABOR LAWS. 33 copies thereof so as to show all excavations and the most advanced workings of the mine and their exact relations to the boundary or section lines on the surface, and deliver to the inspector a copy of the completed map. The state coal mine inspector shall order a survey to be made of the work- ings of any mine and the result to be extended on the maps of the same, and the copies thereof, whenever in his judg- ment the safety of the working men, or the safety of an ad- joining mine requires it; and if not made by the owner, operator, lessee or person in charge when ordered by the inspector, it shall be made or caused to be made by the in- spector and paid for by the state, and the amount collected from the owner, operator, lessee or person in charge, as other debts are collected. Abandoned Mines. (64) Sec. 10. When approaching abandoned workings and when within not less than sixty feet of the same, the excavations in approaching the said workings shall not ex- ceed eight feet in width, and there shall be constantlv kept one bore hole near the center not less than twenty feet in advance, and one flank bore hole on each side, of not less than fifteen feet in length. Ventilation. (65) Sec. 11. For the purpose of ventilation the mines shall be furnished with not less than one hundred cubic feet of air per minute for each person employed in the mine, or three hundred cubic feet of air per minute for each machine, mule or other draught animal in the mine, the measurements to be made at any point of the intake airways. The amount of air shall be so distributed as to give all employes air of reasonable purity to keep the working places in a healthy condition, free from noxious gases and deleterious air, and no more than one hundred men to work on any split of air. In mines generating explosive gas of a sufficient quantity to be detected by an ordinary safety lamp, the quantity shall not be less than two hundred cubic feet of air per minute for each person and six hundred cubic feet for each machine, mule or other draught animal, and the mine shall be oper- ated with locked safety lamps and examined by a competent person each morning before the men enter their working places. Doors, Breakthroughs and Brattices. (66) Sec. 12. Doors, curtains or brattices shall be placed in such places as may be designated by the mine manager. All doors set on entries, for the purpose of conducting venti- lation shall be made sufficiently tight to effectually obstruct the air current. Breakthroughs shall be made every sixty 5 34 STATE OF MICHIGAN. feet, first breakthrough in rooms not to exceed thirty feet from ^ntry; aM breakthroughs must be not less than five feet wide at ray point in said breakthrough. It shall be the duty of mine owners to close, or cause to be closed, all entry break- through.; with airtight brattices with the exception of the one nearest the working place of the employes, or two if nec- essary, no obstruction of any kind to be placed in the break- through nearest the working place. Curtains shall not be permanently used on entries or airways without the written consent of the state inspector of coal mines. Purity of Oil. (67) Sec. 13. Only pure animal or vegetable oil or other means for illuminating purposes equally as safe and free from smoke or offensive odor shall be used in any coal mine in this state; and for the purpose of determining the purity of oils the state board of health shall fix a standard of purity of the said oils and establish regulations for testing the same, and when so determined and established it shall be recognized by all of the courts of this state. And in any case when any material, substance or other means of illuminating is used for illuminating purposes, as by this act contem- plated, any refuse part thereof remaining after use which gives off any gas or offensive odor shall, by the person using it, be removed from the mine at the end of his day’s work. Any person, firm or corporation, either by themselves, agents or employes selling or offering to sell for illuminating pur- poses in any mine in this state any adulterated or impure oil, or oil not recognized by the state board of health as suitable for illuminating purposes, or other substance to be used for illuminating purposes not equally as safe and free from smoke or offensive odor as oils contemplated by this act, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense; and any mine owner, lessee, operator or employe thereof who shall knowingly use, or any mine owner, lessee or operator who shall knowingly permit to be used for illuminating purposes in any mine in this state, any impure or adulterated oil or any oil or other means of illuminating, the use of which is forbidden by this act, shall upon conviction thereof, be fined not less than five dollars nor more than twenty-five dollars. Regulations for Gil. (68) Sec. 14. The oiling or greasing of cars inside of any mine is strictly prohibited, unless the place where said oil or grease is used is thoroughly cleaned at least once each work- ing day to prevent the accumulation of waste oil or grease on the roads or in the drains at that point. Not more than two barrels of lubricating oil shall be permitted in any mine LABOR LAWS. 35 at one time, and it shall be kept in a fireproof building, cut out of solid rock, or made of masonry or concrete of sufficient thickness to insure safety in case of fire. But this shall not prevent a sufficient quantity of oil being sent in for machines. Electricity. (69) Sec. 15. In all coal mines in this state where elec- tricity is or shall be used as a part of the system power or means of mining and securing the coal from said mine, the wiring shall be carefully and thoroughly insulated or pro- tected, except trolley and negative wires, so that the person or animals coming in contact therewith shall not be injured thereby. Gasoline Engines, Location, Approval, Hand Fire Extinguish- ers. (70) Sec. 16. IVhere gasoline engines are used in the coal mines, the exhaust must be properly cared for. and all gasoline pumps shall be placed in such position that the fumes from the pumps will not vitiate the air or injure the health of the employes. The supply of gasoline required for the operation of said pump or engine shall not exceed one day’s supply, and shall be taken into the mine only in sealed metal tanks, so constructed that the oil supply can be changed without pouring the oil from one tank to another. At all hoisting shafts, air shafts, escape shafts and places of exit, boiler and engine rooms, stables in mines and places where gasoline engines are used, there shall be kept ready for use at all times at least tw*o good hand fire extinguishers, conveniently placed for immediate use wiien needed. Boiler and Engine Room Location. (71) Sec. 17. All boiler and engine rooms to be located or constructed on the surface at any mine, from and after the enactment of this act, shall be constructed of non-com- bustible material, except rafters, roof-boards, studding and coal bins, wdiich shall be kept whitewashed ; and in no case shall the boiler room be placed wdthin less than sixty feet of the hoisting shaft, slope or drift, and no obstruction shall be placed between the engine room or hoisting shaft, so as to obstruct the view of the engineer. Inflammable Buildings. (72) Sec. 18. It shall be unlawful to erect any inflam- mable building within one hundred feet of the fan house, and in any building erected* between fan house and hoisting shaft no explosives shall be stored. 36 STATE OF MICHIGAN. Wash Houses. (73) Sec. 19. For the protection of the health of the employes hereinafter mentioned, it shall be the duty of the owner, operator, lessee, superintendent of, or other person in charge of every coal mine, at the request in writing of twenty or more employes of such mine, or in event there are less than twenty men employed, then, upon the written request of one-third of the number of employes employed, to provide a suitable wash room or wash house for the use of persons employed, so that they may change their clothing before be- ginning work and wash themselves and change their clothing after working. Said room shall be separate from the engine or boiler room, and shall be maintained in good order, be properly lighted and heated and be provided with clean, cold and warm water. Time for Constructing Escape Shafts or Other Exits. (74) Sec. 20. In all mines there shall be allowed six months to make escape shafts or other means of exit, as pro- vided by law, the time to date in all cases from hoisting of coal from main shaft, slope or drift, but not more than twenty-five persons shall be employed in such mine at any time until the provision of the law relating to escape shafts, or other means of exit, shall have been complied with, and after the expiration of the period above mentioned, it shall not be operated until made to conform to the provisions of law with reference to the escape shaft or other means of exit. Two Places of Egress. (75) Sec. 21. The owner, operator, lessee or person in charge of any mine hereafter constructed and operated by shaft, or one having a slope or drift opening in which five or more persons are employed, shall construct and maintain at least two distinct openings, which in mines operated by shaft shall be separated by natural strata of not less than three hundred feet in breadth, and in mines operated by slope or drift, not less than two hundred feet in breadth, to which ingress and egress at all times shall be unobstructed to the employes and persons having occasion to use the same as escape ways or place of exit from the mine. Escape Shafts Equipped with Stairway. How Constructed. (76) Sec. 22. All escape shafts hereafter constructed not provided with hoisting appliances as hereinafter provided, shall have stairs at an angle of not more than forty-five degrees in ascent, nor less than eighteen inches wide in the clear, with proper, safe and substantial landing at convenient and easy distances and equipped with good and substantial hand rails or banisters. If shaft be used for an escape shaft LABOR LAWS. 37 and air shaft, that part of the shaft used as an escape way shall be divided and partitioned closely with good and sub- stantial material from the part used as an air shaft, all of which shall be kept in a safe condition as by this act provided. Escape Shaft Equipped with Hoisting Apparatus. (77) Sec. 23. All escape shafts not provided with stairs shall be provided with suitable appliances for hoisting under- ground workmen, ready for use at all times, both day and night, while the workmen are at labor, which hoisting ap- paratus shall be separate and apart from the hoisting shaft, and the equipment shall include a depth indicator brake on the drum, steel or iron cage, safety catches on cages and covers on cages to securely protect any person while on the cage. Traveling Ways. How Constructed. Sign Boards. (78) Sec. 24. In any mine affected by this act, and every seam of coal worked therein there shall be constructed, kept and maintained, safe and accessible traveling ways from the escape ways or place of exit to main haulage roads, which shall be maintained free from falls of roof, standing water, or other obstructions. At all points where the passage or traveling ways to the escapement shaft or place of exit in- tersect other road ways or entries, conspicuous sign boards shall be placed thereat, indicating the way to such place of exit. Escape Ways Kept Free from Foul Air, Ice and Obstructions. (79) Sec. 25. The escape way shall be ventilated and kept free from vitiated air, accumulations of ice and ob- structions of every kind ; nor shall steam or heated air be dis- charged therein during the day time, unless an attendant be kept in charge thereof and the equipment so arranged that the steam or warm air may be readily turned off at any time when required, and a conspicuous sign board placed in plain view, indicating the point where the steam or warm air may be turned off, as by this act contemplated; and all surface or other water which flows therein, shall be conducted by rings or otherwise to receptacles for the same so as to keep the stairway reasonably free from falling water. Lights at the Top and Opening of Shaft. (80) Sec. 26. In all cases, after twilight, or when by reason of steam or other causes obscuring the plain view of the top or opening of any shaft, there shall be maintained a good and substantial light, but in no case shall an open light or torch be used. 38 STATE OP MICHIGAN. Traveling Way Around Bottom of Hoisting Shaft. (81) Sec. 27. At the bottom of each hoisting shaft there shall be constructed a safe and convenient traveling way around the shaft for employes and animals, and it shall be unlawful for any person to pass across the shaft bottom in any other manner or in any other way than the traveling way herein contemplated, except such employes as may be necessary to perform the work at the bottom of the shaft or those engaged in making repairs. Stable Location. Construction. Not Used for Storage Pur- poses. (82) Sec. 28. The owner, operator, lessee or person in charge of any mine shall not be allowed to locate any stable at a point in any mine where the air current supplied to the employes passes through such place. The materials used in the construction of the stables herein contemplated shall, as near as practicable, be incombustible, and such stables shall not be used as a place for storing, nor shall any in- flammable material be stored therein, except such hay as may be necessary for one day’s use, except in case of emergency. Places of Refuge. Signals. Lights. (83) Sec. 29. On all single track haulage roads where haulage is done by machinery, which roads the persons em- ployed in the mine must use, while traveling on foot to and from their work, there shall be places of refuge on one side not less than three feet in depth from the side of the car, and not less than five feet long and not less than the height of the entry as driven and not more than sixty feet apart. On rope haulage roads means of signaling shall be established between the haulage engines at all points on the road. A conspicuous light must be carried on the front of every' trip or train of such cars moved by machinery. On all haulage roads on which the hauling is done by draught animals where- on men are obliged to pass to and from their work, there shall be places of refuge not less than three feet in width from the side of the car and not less than five feet long and not less than the height of the entry as driven, and not more than sixty feet apart. Refuge places shall not be required in the entries on which room necks are turned at regular intervals not exceeding sixty feet apart, which furnish re- quired refuge places. All places of refuge must be kept clear of obstruction, except supports, and no materials shall be stored or be allowed to accumulate therein. Means of Communications, Safety Appliances, Etc. (84) Sec. 30. The operator or superintendent shall pro- vide and maintain from the top to the bottom of every LABOR LAWS. 39 shaft where persons are raised or lowered, a metal tnbe suitably adapted to the free passage of sound, through which conversation may be held between persons at the top and bottom of said shaft, and also means of signaling from the top to the bottom thereof, and shall provide every cage used for the hoisting or lowering of persons, with a sufficient over- head covering to protect these persons when using the same, and shall provide also for each said cage a safety catch ap- proved by the mine inspector and to be tested by drop quarterly. The said operator or superintendent shall see that flanges with sufficient clearance, when the rope is wound around the drum, to prevent the rope slipping off the drum of every engine that is used for lowering and hoisting per- sons to and out of the mine, are used, and also, that adequate brakes are attached to the drums : Provided. That the rope shall be left around the drum at least one and onehalf times when the cage is at the bottom of the shaft. Safety gates, to be approved by the mine superintendent, shall be so placed as to prevent persons from falling into the shaft. The ropes, chains and machinery, and all its connections used for lower- ing or raising the employes into or out of the mines shall be kept in a safe condition and inspected once every twenty- four hours by a competent person provided by the mine operator for that purpose, who shall make a daily record of such inspection in a book provided for that purpose, and such machinery and the method of its inspection shall be ap- proved by the mine inspector. Safety in Hoisting Men. (85) Sec. 31. Hoisting and lowering men. Every cage on which persons are carried must be fitted with iron bars or rings in proper place and sufficient number to furnish a secure hand-hold for every person permitted to ride thereon, and not more than ten persons shall be allowed to descend or ascend in any cage at one time, or such less number as may be fixed by the mine inspector. No person at any time shall be allowed to ride in the shaft or on any cage with a car, tools or other material or when such car. tools or ma- terial is on the opposite cage, except when absolutely neces- sary in the performance of work in the making of repairs: and no person shall ride upon a loaded trip while in any part of the mine, except the person or persons in charge thereof. Cages on which employes are riding shall not b e lifted or lowered at a rate of speed greater than four hundred feet per minute. Competent and Sober Engineers. Duties. (86) Sec. 32. The owner, operator or lessee or any per- son in charge of any mine shall not place in charge of any engine in and around the mine, any but competent and sober engineers, who shall not permit any person but those desig- 40 STATE OF MICHIGAN. nated to handle, operate, or interfere with it or any part of the machinery, except such as may be necessary in making proper and needed repairs, and no person shall be permitted to talk to the engineer while in the performance of his duty in hoisting or lowering employes, coal or mineral. There shall be placed in plain view of the engineer while at his post of duty, at some conspicuous point, a code of signals as by this act provided, and which shall be in like manner placed at the top and bottom of the shaft, slope or drift; and it shall be the duty of the engineer at least once each day to carefully inspect all of the machinery and apparatus under his charge, and carefully note all of its parts, and if any defects appear which will endanger the life or limb of any . employe in the use thereof, he shall cease operating the ma- chinery until the defects are corrected. Under act 100 of 1905, imposing upon the owners or operators of coal mines a positive and continuing duty to employ only competent and trust- worthy engineers, it was held that the master was an insurer of the com- petency and trustworthiness of its engineers. — Layzell v. J. H. Somers Coal Co., 156 / 268. And the doctrines of fellow-servant and assumed risk do not apply, where the injury was caused by the negligence of an incompetent en- gineer. — Capeling v. Saginaw Coal Co., 156 / 437. The master is not entitled to notice of the incompetency, since by the very employment the master neglected a statutory duty. — Kleinfelt v. J. H. Somers Coal Co., 156 / 473. Code of Signals. (87) Sec. 33. One bell: Hoist cage, stop cage when in motion. Two bells: Lower cage. Three bells: Hoist car of dirt. Four bells : Men and cage ready to be hoisted ; cage must always be stopped at landing on four bells. Five bells: Hoist slowly, danger. Notice to men at bottom coming up. — Ring four bells. After engineer gives one blast with whistle, get on cage and ring one bell to be hoisted. Engineer wanting cage while at bottom will give four blasts with whistle before moving cage. Conveying of Explosives. (88) Sec. 34. Blasting powder or explosives must not be taken into or out of a coal mine, or moved from place to place in a coal mine along any entry or haulway, where there are electric wires, while the power is on such wires, except when such powder or explosive is conveyed in insulated cars or packages. Annual Report. Report of Accidents. (89) Sec. 35. The owner, lessee, operator or person in charge of any mine shall on or before the first day of August in each year, send to the office of the inspector, upon blanks furnished by the state, a correct return with respect to the year ending July first of each year, the quantity of coal mined and the number of persons ordinarily employed in, at and LABOR LAWS. 41 around such mine, designating the number of persons be- low and above ground. In all cases the owner, operator, lessee or person in charge of- any coal mine in this state, upon the happening of any accident by which injury occurs to any of the employes above or below ground, shall imme- diately report the same to the mine inspector, which report shall contain a detailed statement of the extent of the ac- cident, and the manner in which it occurred, which report shall conform to the standard form of reports as provided by the mine inspector in such cases. Stretchers, Blankets and Bandages. (90) Sec. 36. The owner, operator, lessee or person in charge of any mine shall at all times keep in readiness for use in case of accident and at the mine at some convenient place, one good and substantial stretcher for each one hun- dred employes engaged in the operation of the mine, and proper and sufficient woolen blankets for each stretcher, to- gether with a sufficient and reasonable supply of bandages. Caps, Timber and Props. (91) Sec. 37. The owner, agent or operator of any and all coal mines shall keep a supply of timber constantly on hand of sufficient length to be used as props and cap pieces, and the same shall be promptly delivered to the miner at his respective place of work, as lie may designate in writing, on blanks to be furnished by the operator. Duties of Mine Foreman, or Pit Boss. (92) Sec. 38. It shall be the duty of the mine foreman, or pit boss in charge of any mine or part thereof, to make careful inspection of the working places in the mine two times each week by himself or assistant, and at any such other time as in his judgment may be required. He shall give such directions and formulate such rules for the guidance of the men employed in the mine, as skillful and safe opera- tion of the mine may require. He shall see that the miners are supplied with props, when ordered by the miner, of proper length, caps and other timbers necessary to securely prop the roof of such mine and the rooms wherein the men are employed, and such material shall be delivered to their working places. He shall keep a careful watch over the ventilating apparatus and air ways, together with all of the stoppings, doors and other means of directing the air cur- rent. He shall examine the escape shaft, man-wav, the traveling ways leading thereto from the main entries, or cause them to be examined by a competent person, once each day, and a written report of the conditions of such shaft, man-way and traveling ways shall be made and filed in the office at that mine, which shall be open for examina- 42 ’ STATE OF MICHIGAN. tion at all reasonable times to the representatives of the em- ployes and such other persons entitled thereto. A copy of such report shall be sent each month to the mine inspector. If he finds the conditions of the escape shaft, man-way or traveling ways impassable or dangerous, he shall immediately upon the discovery of the defect, place such instructions at the defective place as may be reasonably necessary to ap- prise the employes of the danger. Caution as to Property. Doors, Etc. (93) Sec. 39. No wmrkman or other person shall know- ingly injure a water-gauge, barometer, air-course, brattice, equipment or machinery, obstruct or throw open any air way, disturb any part of the machinery connected with the mine; open a door of a mine and neglect to close it, endanger the mine or those working therein; disobey any order given in pursuance of law, or do a wilful act whereby the life of persons working therein or the security of the mine or the machinery connected therewith may be endangered; and it shall be unlawful for any w r orkman or person to place any refuse material or any obstruction in any part of the air-course or any part of the breakthrough, entries or rooms other than as by this act provided. Blasting in Mines. (94) Sec. 40. When the time for blasting arrives, blast- ing shall be in rotation, beginning at the innermost working place in each entry. Immediately upon lighting blast, miners must notify the succeeding miners by shouting the word “fire.” Riding Loaded Cars. (95) Sec. 41. It shall be unlawful for any employe, ex- cept employes in charge of such trip, to ride on any loaded trip of cars. Intoxicants. (96) Sec. 42. No person shall go into, at, or around a mine, or the buildings, tracks or machinery connected there- with, while under the influence of intoxicants. No person shall use, carry or have in his possession, at, in, or around a mine, or the buildings, tracks or machinery connected there- with, any intoxicants. Shall Prop Roof, Etc. (97) Sec. 43. Each miner, or other person employed in Hie mine, shall securely prop the roof of the working place 1 herein under his control, and shall obey any reasonable order, or orders, given by the superintendent or mine fore- man relating to the security of the mine in the part thereof LABOR LAWS. 43 where he is at work. Such miner or other person, shall not be held to have violated the provisions of this clause if the owner, lessee or agent fails to supply the necessary props, caps and timbers as provided for in this act. Shall not Waste Props, Etc. (98) Sec. 44. Each miner, or other person shall avoid waste of props, caps, timber or other material. When he has props, caps, timber or other material unsuited for his purpose, he shall not cover up or destroy same, but shall place it near the track where it can be readily seen, and it must immediately be removed by the operator upon request of the miner. Intent to Defraud. (99) Sec. 45. Xo person shall erase or change a mark of reference or monument made in connection with measure- ments; change the checks or cars; wrongfully check a car, or do any act with intent to defraud, and operator shall place stamp mark at end of each measurement in narrow work. Sanitary Conditions. (100) Sec. 4G. For the purpose of observing the best san- itary conditions possible in the mines of this state, no em- ploye therein shall use any portion of the mine excavations as a water closet that is not at least twenty-five feet from any air current. Penalty. (101) Sec. 47. Any person, firm or corporation violating any of the provisions of this act shall be guilty of a mis- demeanor, and upon conviction shall be fined not less than ten dollars nor more than one hundred dollars, or be im- prisoned in the county jail not exceeding thirty days, or both at the discretion of the court. Sec. 48 repeals “all acts or part9 of acts inconsistent with this act 1 44 STATE OF MICHIGAN. Inspector of mines, election of. Supervisors to appoint. Term of office. Governor to fill vacancies. An Act to provide for the election of inspectors of mines in certain cases and the appointment of their deputies, for the appointment of such inspectors of mines and their .deputies until the election and qualification of the first inspectors of mines, to prescribe their powers and duties and to provide for their compensation, and to repeal act number two. hundred thirteen of the public acts of eighteen hundred eighty-seven. [Act 163, P. A. 1911.] The People of the State of Michigan enact: (102) Section 1. There shall be elected at the general election in the year nineteen hundred' twelve, and at every general election thereafter an inspector of mines for the term of two years in any county within this state where there are iron or copper mines situated and working, some suitable person who is a citizen of this state, who can read and write the English language, and who has had at least ten years’ actual experience in mining, timbering and general underground work, or a person holding the degree of mining engineer, or an equivalent degree, and who shall have prac- ticed his profession as such engineer for at least two years. (103) Sec. 2. Until the election and qualification of the first inspector of mines to be elected as provided by this act, the inspector of mines and the deputy inspectors heretofore appointed by any board of supervisors shall continue to serve until their terms of office have expired, and such board of supervisors where there are iron or copper mines situated and working is hereby authorized and directed to appoint their successors and to remove the same or any one thereof whenever in its judgment the best interests of owners and employes may so require, and to fill vacancies arising from any other cause than removal, but no such inspectors of mines or deputy inspectors appointed by or serving under any appointment of any board of supervisors shall hold office beyond the first day of January succeeding the election of the first inspectors of mines to be elected as provided by this act. Such inspectors of mines and deputy inspectors hereto- fore appointed or to be appointed by any board of supervis- ors, shall perform all of the duties of inspector of mines and deputy inspectors of mines until the election and qualifica- tion of the first inspectors of mines to be elected as herein provided. (104) Sec. 3. The regular terms of office of the inspect- ors of mines to be so elected shall commence on the first day of January succeeding their election. (105) Sec. 4. In case of any vacancy in the office of the inspector of mines, the governor shall by writing under his hand appoint some suitable person who is possessed of the same qualifications as the officers provided for in section one, LABOR LAWS. 45 to perform for the time being the duties required by law to be performed by such inspector. (106) Sec. 5. The inspector of mines when so elected Bonds, shall give bonds in the sum of five thousand dollars, with good and sufficient sureties to be approved by the circuit judge or judge of probate of the county in which such in- spector shall be elected for the faithful performance of his duties, which said bond shall be payable to the people of this state and shall be filed with the clerk of the county where he is so elected. (107) Sec. 6. The inspector of mines when so elected Deputy may appoint one or more deputy inspectors, not exceeding inspectors - three, as in his judgment may be necessary for the purpose of discharging the duties hereinafter prescribed, and may revoke such appointments at his pleasure. Any and all such deputy inspectors in any county shall be under the supervi- sion of the inspector of mines, and their duties shall be prescribed by him. (108) Sec. 7. The board of supervisors in each county compensation, where an inspector of mines is so elected or appointed shall fix the compensation of such inspector and his deputy or deputies, and provide for the pa3 r ment of the same: Pro- Proviso, vided, That the compensation of the inspector of mines shall not be less than five dollars per day, and that of the deputy inspectors shall not be less than three dollars and fifty cents per day for each day actually employed in the performance of their official duties. (109) Sec. 8. The duties of the mine inspector shall be Duties, to visit all the working mines of his county once in every sixty days, and oftener if in his judgment necessary, and closely inspect the mines so visited, and condemn all such places where he shall find that the employes are in danger from any cause, whether resulting from careless mining or defective machinery or appliances or improper or unsafe methods of any nature; he shall compel the erection of a partition between all shafts where, hoisting of ore is per- formed and where there are ladder ways, where men must as- cend and descend going to and from their work. In case the when to order mine inspector shall find that a place is dangerous from any work!° quit cause as aforesaid, it shall be his duty immediately to order the men engaged in work at the said place to quit work, and he shall notify the superintendent, agent or person in charge to secure the place from the existing danger, which said notification or order shall be in writing and shall clearly define the limits of the dangerous place and specify the work to be done or change to be made to render the same secure, ordinary mine risks excepted. It shall also be the duty of To order the mine inspector to command the person, persons or corpo- safe s uards - ration working any mine, oi the agent, superintendent, fore- man or other person having immediate chaige of the work- ing of any mine, to furnish all shafts and open pits of such 46 STATE OF MICHIGAN. Proviso, protection of abandoned mines. Notice. When mine inspector to erect railings, etc. Expenses, how paid. Assessment of tax for expenses. mine with some secure safeguard at the top of the shaft or open pit so as to guard against accident by per- sons falling therein or by material falling down the same, also a covering on all the carriages on which persons ascend or descend up and down the shaft, if in his judgment it shall be practicable and necessary for the pur- pose of safety: Provided, That when any mine is idle or abandoned it shall be the duty of the mine inspector to notify the person, persons or corporation owning the land on which any such mine is situated, or the agent of such owner or owners, to erect and maintain around all the shafts and open pits of snch mine a fence or railing suitable to prevent per- sons or domestic animals from accidentally falling into said shafts or open pits. Said notice shall be in writing and shall be served upon such owner, owners or agent, personally or by leaving a copy at the residence of any such owner or agent, if they or any of them reside in the county where such mine is situated, and if such owner, own- ers or agents are none of them residents of the county such notice may be given by publishing the same in one or more newspapers printed and circulated in said county if there be one, and by registered letter, and if no newspaper be published in said county then in a newspaper published in some adjoining county for a period of three consecutive weeks. If such owner, owners or agent shall not, within thirty days after receiving such notice or within thirty days after the completion of said publication, erect such suitable fences or railings as above provided, it shall be the duty of the mine inspector to cause such suitable fences or railings to be erected and to make a return of his doings in the case, with the description of the land or lands on which such shafts and open pits are located, together with an itemized statement of the actual expenses incurred in such case on each description of land, to the county clerk of the county, which return and statement shall be verified by the affidavit of the mine inspector. All expenses incurred under the pro- visions of this section shall be audited by the board of super- visors of the county, and all sums allowed by such board for such expenses shall be paid from the general fund of the county. The county clerk shall certify to the board of super- visors at its annual meeting in each year the amount of expense incurred under the provisions of this section during the preceding year and the amount belonging to each and every description of land on which any such mines are situ- ated, and said amount shall be certified to the supervisors of the proper townships in the same manner as county taxes are certified to said supervisors, and the amount of the ex- pense incurred as above on each description shall be assessed by said supervisors upon the said description upon their as- sessment rolls for that year in a separate column, and shall LABOR LAWS. 47 be collected in the same manner as county taxes, and when so collected paid into the general fund of the county. (110) Sec. 9. If any man or men are allowed to continue Liability work in any place condemned by the mine inspector, except of cor P° ratlon - to do the work required to be done to insure safety before said place has received the necessary changes to secure the safety, ordinary risks of mining excepted, of the laborers en- gaged therein, the person, persons or corporation operating said mine shall be liable for all accidents causing injuries or death to employes working in or about such place, until the order referred to in the preceding section shall have been complied with or revoked. (111) Sec. 10. It shall be the duty of the person, persons Duty of or corporation, or the superintendents or agents of the same, £tc?? 0 w!fe 1 r^ n, when the mine inspector arrives at any mine on his official by business, to furnish for his inspection all maps, drawings and plans of the mine, together with plans of all contemplated changes in the manner of working the mine or any part thereof; to furnish him with such suitable person or persons as he may desire to accompany him through the mine or any part thereof; and also to furnish him with suitable ladders and other necessary appliances to make a proper inspection; and should they or any of them neglect or refuse to comply with any of the provisions of this section, such refusal or neglect shall be punished by a fine of not less than one hun- dred nor more than five hundred 'dollars for each and every offense. (112) Sec. 11. The salaries for the mine inspector, and salaries and the assistants so elected shall be paid out of the treasury mileage ' of the county in which they serve on vouchers similar to those used by other county officials, and in addition thereto they shall be entitled to mileage at the rate of four cents per mile for the actual distance traveled while on official business. Am. 1913, Act 158. (113) Sec. 12. When any person working in any mine inspection, or place where mining is done shall notify the mine in- whenmade ' spector or deputy inspector either verbally or in writing that the services of the mine inspector are needed, he shall immediately make inspection, or send any one of his assist- ants to do so. Such notice shall be forever privileged in any court either civil or criminal. Any inspector or deputy inspector who shall divulge the name of any person or per- sons giving any such notice shall be punished by a fine of not less than one hundred nor more than five hundred dollars. (114) Sec. 13. It shall be the duty of each of the in- Annual report, spectors of mines appointed or elected under this act to make and file with the clerk of the county for which he was appointed or elected, at least ten days before the time fixed 48 STATE 0F MICHIGAN. What to specify. Inspector, qualifications. Steam vessels, etc., inspec- tion of. by law for tlie annual autumn meeting of the board of super- visors, an annual report with a duplicate copy to the com- missioner of labor of his acts and proceedings under this act, specifying among other things the number of mine acci- dents occurring during the preceding year causing either death or injury to persons, giving the name of the mine where and the circumstances surrounding said accidents, and so classifying said accidents to show what occurred through the fault or negligence of employers and those occurring through the fault or negligence of employes, and giving the results of inquests if any have been held in case of accidents causing death. Section 14 repeals Act 213, of 1887, and all other acts and parts of acts in anywise contravening the provisions of this act. SECTION II.— STEAM VESSELS. An Act regulating steam vessels and vessels operated by machinery, navigating the waters within the jurisdiction of this state, except- ing vessels which are subject to inspection under the laws of the United States, and providing penalties for the violation hereof, and to declare waters navigated by such vessels public and navigable waters of the state of Michigan, (a) [Act 113, P. A. 1909.] The People of the State of Michigan enact: (115) Section 1 . The commissioner of labor shall be charged with the administration of the provisions of this act, shall employ an inspector who shall have had at least five years’ experience as a licensed master or engineer on steam vessels navigating the Great Lakes or any of their tributary waters, and who shall be otherwise properly qualified to enable the commissioner of labor to carry said provisions into effect, and shall exercise supervision over him in the performance of his duties. (116) Sec. 2. The commissioner of labor shall annually or oftener ff he has good cause to believe it reasonable, inspect or cause to be inspected every steam vessel or other vessel operated by machinery engaged in carrying passengers for hire, directly or indirectly, excepting vessels which are sub- ject to inspection under the laws of the United States, ex- amine carefully her hull, boats and other equipment, ex- amine her engine and boilers, ascertain how long it will be safe to use the same, determine the pressure of steam to be allowed and so regulate the fusible plugs, safety valves and steam cocks as to insure safety, and he may require such changes, repairs and improvements to be adopted and used (a) Title amended 1911, Act 69. LABOR LAWS. 49 as he may deem expedient for the contemplated route. He shall also fix the number of passengers that may be trans- ported. He shall also, whenever he deems it expedient, visit any vessel licensed under this act, and examine into her condition for the purpose of ascertaining whether or not any party thereon having a certificate from him has conformed to and obeyed the conditions of such certificate and the pro- visions of this act. The owner, master, pilot, captain or engineer of such vessel shall answer all reasonable questions, and shall give all the information in his or their power in regard to said vessel, her machinery and the manner of managing the same. In case of damage by fire or by ex- plosion, collision or stranding, or by means of an electrical apparatus, he may investigate the cause thereof, and if found by him to have been occasioned by a violation of any of the provisions of this act or of the orders, regulations and requirements issued by him, he shall so certify to the prose- cuting attorney of the county where such violation occurred, together with the names of the persons guilty thereof and the witnesses. All waters navigated by vessels subject to the waters provisions of this act are hereby declared to be public and navi £ able - navigable waters, subject to the jurisdiction of the state of Michigan. Am. 1911, Act 69. (117) Sec. 3. The commissioner shall also test the boilers Boilers, of all steam vessels carrying passengers for hire before the testlDg of - same shall be used, and at least once in every year there- after. In subjecting to the hydrostatic test boilers called High pressure, and usually known under the designation of high pressure boiler's, the hydrostatic pressure applied must be in propor- tion of one hundred fifty pounds to the square inch to one hun- dred pounds to the square inch of the steam pressure allowed. In subjecting to the hydrostatic test that class of boilers Low pressure, usually designated and known as low pressure boilers, the commissioner shall allow as the working power of each new boiler a pressure of only three-fourths the number of pounds to the square inch, to which it shall have been subjected by the hydrostatic test and found to be sufficient therefor; but should said commissioner be of the opinion that such boiler by reason of its construction or material will not safely allow so high a working pressure he may, for reasons specific- ally stated in his certificate, fix the working pressure of such boiler at less than three-fourths of said test pressure; and no boiler or pipe or any of the connections therewith Bad shall be approved, which is made in whole or in part of bad matena1 - material or is unsafe in its form or dangerous from defective workmanship, age, use or other cause. In addition to the Hammer hydrostatic test as herein provided, the commissioner may test ‘ cause a hammer test to be made and an internal examination of such boiler or boilers so tested, whenever deemed neces- 7 50 STATE OF MICHIGAN. Drilling to test thickness. Connections. Safety valves. Gauge cocks, etc. Naphtha, electric or gasoline launches. Certificates, what to contain. Where kept. Passengers, number of. sary. Any boiler having been in use ten years or more may be drilled at the bottom of shell or boiler, and also at such other points as the inspectors may direct, to determine the thickness of such material at those points, and the general condition of such boiler or boilers at the time of inspection and the steam pressure allowed shall be determined by such ascertained thickness and general condition of the boiler. He shall also see that all connections to the said boiler or engines are of suitable material, size and construction, and that the boiler, machinery and appurtenances are such as may be em- ployed with safety in the sendee to be performed. He shall also satisfy himself that the safety valves are of suitable dimensions and that the weights of the same are properly adjusted so as to allow no greater pressure than the maxi- mum amount prescribed by him, and that there is a sufficient number of gauge cocks, properly attached to the boiler so as to indicate the quantity of water therein, and suitable steam gauges to correctly show the amount of steam carried, and as to any other matter connected w ith such steam vessel or the machinery thereof that to said commissioner shall seem necessary to the safety of her passengers and crew, and he shall make such inspection, examination and test of naphtha launches and electric or gasoline launches and their apparatus and machinery as will enable him to determine whether they can safely be used in navigation. (118) Sec. 4. The commissioner, if satisfied that such vessel is in all respects safe and conforms to the require- ments of this act, shall make and subscribe duplicate certifi- cates, setting forth the age of the vessel, the length, breadth and depth, the date of the inspection, the name of the vessel, the name of the owner, the master, the number of licensed officers and crew 7 w T hich he deems necessary to manage the vessel with safety, the number of boats and life preservers re- quired and the number of passengers that she can safely carry, and if a steam vessel, the age of the boiler and the pressure of steam she is authorized to carry. One of such certificates shall be kept posted in some conspicuous place on the vessel if practicable, or kept in some convenient place on the vessel to be designated by the commissioner in the certificate, accessible to any one demanding it, and the other copy shall be kept by the commissioner and by him recorded in a book to be kept for that purpose. If the commissioner refuse to grant a certificate of approval, he shall make a statement in waiting, giving his reasons for such refusal, and deliver the same to the owrner or master of the vessel. Am. 1011, Act G9. (119) Sec. 5. No greater number of passengers shall be transported upon any licensed steam vessel or other vessel included wdthin the provisions of this act than the number allowed in the certificate of such vessel. Am. Id. LABOR LAWS. 51 (120) Sec. 6 . All steamboats and other vessels to which shielding this act is applicable shall hereafter be so constructed that Sb^bSffiS. the woodwork about the boilers, chimneys, fire-boxes, cook- houses, stove and steam pipes or any machinery or apparatus involving danger of fire, where such woodwork is exposed to ignition shall be so shielded by some incombustible material that the air may circulate freely between such material and woodwork or other ignitable substances, and before granting a certificate of inspection the commissioner shall require that all other necessary provisions be made throughout such ves- sel as he may judge expedient to guard against loss or dam- age by fire. (121) Sec. 7. Every vessel engaged in carrying passen- stairways, etc. gers for hire shall be provided with permanent stairways and other sufficient means convenient for passing from one deck to the other, with gangways large enough to allow persons freely to pass, which shall be open fore and aft of the length of the vessel, and to and along the guards, and shall be kept unobstructed. Am. 1911, Act 69. (122) Sec. 8. From and after the passage of this act the Navigation following rules shall be observed in navigating all steam rules * vessels when under steam and all boats propelled by machinery on the waters within the jurisdiction of the state, excepting the waters which are under the jurisdiction of the United States: First, When two steamboats are meeting end on, or Meeting nearly end on, so as to involve risk of collision, each shall endon - alter her course to starboard, so that each may pass on the port side of the other after exchanging signals of one blast of the whistle; Second, When two steam vessels are crossing so as to in- Two vessels volve risk of collision, the vessel which has the other on her crossin s- own starboard side shall keep out of the way of the other; Third, When a steam vessel and a sailing vessel are -proceed- sailing ing in such directions as to involve risk of collision, the keep 6 co™Se. steam vessel shall keep out of the way of the sailing vessel; Fourth, When by any of these rules one of two vessels is idem, to keep out of the way the other shall keep her course and speed ; Fifth, Every vessel under steam when approaching another slack speed steamboat or small boat or vessel of any kind so as to involve approaching, the risk of collision, shall slacken her speed, or if necessary shall stop and reverse her engine, and every vessel under Fogs, steam shall when in a fog go at a moderate speed; Sixth, Any steam vessel overtaking another steam vessel steam vessel shall keep out of the way of the last mentioned steam vessel ; another! ng Seventh, When two steam vessels are going in the same signals when ' o o passing direction the stern steam vessel wishing to pass the other shall signal the forward steam vessel of her intention to pass on 52 STATE OF MICHIGAN. Steamboats approaching each other. When may pass to the left. When pilot fails to understand course, etc. Duty of pilot in fog or thick weather. Signals of distress. Regard in construing provisions. Steam or sailing vessels, what considered. Vessels to have whistle. Act not to ex- tend to certain boats. the port side by two distinct whistles, and to pass on her starboard side by one distinct whistle which shall be answered by the forward steam vessel with the same number of whistles, and the forward steam vessel shall keep on her course as though no signal had been given ; Eighth, Steamboats approaching each other shall, at not less than one hundred yards distance between each other, give a signal with one loud distinct whistle; Ninth, When two steamboats are approaching each other, and, if the course of such steamboats is so far on the star- board side of each as not to be considered by the pilots as meeting end on or nearly so, or if the steamboats are ap- proaching each other in such manner that passing to the right as in rule one is deemed unsafe by the pilot of either steamboat, the pilot so first deciding shall give two short and distinct blasts on his steam. whistle, which the pilot of the other steamboat shall answer promptly by two blasts of his steam whistle, and they shall pass to the left on the starboard side of each other; Tenth, When two steamboats are approaching each other and the pilot of either steamboat fails to understand the course or intention of the other, whether from the signals being given or answered erroneously or from other cause, the pilot so in doubt shall immediately signify the same by giving several short and rapid blasts of the steam whistle, and if the boats shall have approached within one hundred yards of each other, both shall be immediately slowed to a speed barely sufficient for steerage way until the proper signals are given, answered and understood or until the boats have passed each other; Eleventh, WTien a steamboat is running in a fog or thick weather it shall be the duty of the pilot to cause a long blast of the steam whistle to be sounded at intervals not exceeding one minute; Twelfth, Signals of distress shall be four distinct blasts of the whistle and shall be recognized by the master of any steamboat hearing the same, and he shall render such assist- ance as is in his power; Thirteenth, In construing these provisions due regard must be had to all the dangers of navigation and to any special cir- cumstances which may exist rendering a departure therefrom necessary in order to avoid immediate danger; Fourteenth, Every steam vessel which is under sail and not under steam is to be considered a sailing vessel, and every vessel under steam or otherwise propelled by machinery, whether under sail or not, is to be considered a steam vessel; Fifteenth, Every vessel not a steam vessel shall be provided with a suitable whistle with which to give the signals provided for in this section ; Sixteenth, Nothing in this act shall be construed to extend to any boat or lighter not being masted, or if masted and not decked, employed in the harbor of any town or city; LABOR LAWS. 53 Seventeenth, All steamboats licensed under the provisions of this act shall conform to and obey such other rules and regulations as the commissioner may prescribe, not incon- sistent herewith; Eighteenth, The commissioner and the inspectors provided for in this act are authorized to make further rules and reg- ulations applying generally to all steamboats or especially to one or more of them, and on framing rules for the government of managers and employes of boats, the commissioner shall as far as practicable be governed by the general rules and regulations prescribed by the United States board of super- vising inspectors of steam vessels; Nineteenth. Every steam vessel or other vessel propelled by machinery, carrying passengers for hire on the waters within the jurisdiction of this state, shall have two copies of this section framed, one to be conveniently placed for the govern- ment of the pilot, and the other to be hung in a conspicuous place on the boat for the inspection of the passengers. (123) Sec. 9. The master of every steamboat or vessel propelled by machinery when navigating between sunset and sunrise, shall cause the same to carry the following lights: First. At the foremast head a bright white light of such a character as to be visible on a dark night with a clear at- mosphere at a distance of at least two miles; and be so con- structed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, and to be so fixed as to throw the light ten points on each side of the vessel from right ahead to two points abaft the beam on either side; Second. On the starboard side a green light of such a char- acter as to be visible on a dark night with a clear atmosphere at a distance of at least two miles; and be so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and to be so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side; Third. On the port side a red light of such a character as to be visible on a dark night with a clear atmosphere, at a distance of at least two miles; and to be so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and to be so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The green and red lights shall be fitted with inboard screens projecting at least thirty inches forward from the lights, so far as to prevent them from being seen across the bow: Provided. That boats having no super- structure may use combination lights; Fourth. All boats not propelled by machinery shall carry a white light visible on a dark night with a clear atmosphere over the entire horizon when used upon waters where motor boats are being used. Steamboats to obey rules, etc. Commis- sioner, etc., may make further rules. Copies of section framed. Lights. White light. Green light. Red light. Proviso. Boats not propelled by machinery Am. 1011, Act 69. 54 STATE OF MICHIGAN. Steam fire pumps and nose. Ferry boats, certain, to carry row boat. Two row boats with life lines. One life boat and one row boat. Master to exercise and discipline crew. Life preserver or float for each passen- ger, etc. Buoyancy. Buckets and axes. (124) Sec. 10. Every steam vessel permitted by her cer- tificate to carry two hundred passengers or upwards shall be provided with a good steam fire pump or other equivalent apparatus for throwing water, the same to be at all times dur- ing the navigation of such vessel kept ready for immediate use, having at least one hundred feet of hose of suitable size and of sufficient strength to stand a pressure of at least seventy-five pounds to the square inch. (125) Sec. 11. Every ferry boat propelled by steam or electricity shall be provided with at least one substantial boat fifteen feet or more in length, properly supplied with oars and kept tight and in good condition at all times and so attached to such ferry boat that it may in case of need be launched into the water for immediate use. Every steamboat or vessel propelled by machinery and carrying passengers for hire, directly or indirectly, shall be provided, if of the meas- urement of two hundred fifty and less than five hundred tons burden, with at least two substantial row boats with life lines attached and properly supplied with oars and kept tight and in good condition at all times, and so attached as to be cap- able of being launched into the water for immediate use in case of need; and if of the measurement of five hundred tons or more, with at least one first-class life boat and one row boat twenty-five feet long by seven wide, capable of carrying or supporting fifty persons each, and at least one row boat of the usual size and construction, all to be properly supplied with oars and kept tight and in good condition at all times and so attached as to be capable of being launched into the water for immediate use in case of need. Every such vessel may also be required to carry such other boats as the com- missioner on account of the route or the number of passengers shall deem requisite, and the master of such vessel shall ex- ercise and discipline his crew in the launching, use and management of the boat until they become skillful boatmen. (126) Sec. 12. Every steam vessel or vessel propelled by machinery used in the transportation of passengers for hire shall have a life preserver or life float for each passenger she is allowed to carry and for each member of her crew. At least one-half thereof shall he life preservers of a buoyancy not less than eighteen pounds, and the other half or part thereof may be life floats to be constructed of dry pine plank four feet long, two inches thick and twelve inches wide, with lines properly attached in such manner as to be convenient for use ; and it shall be the duty of the commissioner to satisfactorily ascertain that every life preserver and such life floats are as herein required. Such life preservers and life floats shall be kept in convenient accessible places in such vessel in readiness for immediate use in case of accident, and the places where the same are to be kept shall be designated in the commis- sioner’s certificate and also pointed out by printed notices posted in such places as the commissioner directs. Every such vessel shall carry in convenient places at least ten LABOR LAWS. 55 buckets with dip lines attached, and three axes in good con- dition, but the inspectors may if they deem it necessary or proper require a larger, or in case of very small vessels, per- mit a smaller number of buckets and axes. (127) Sec. 13. Whoever intentionally loads or obstructs or causes to be loaded or obstructed in any way the safety valve of the boiler, or employs any other means or device whereby the boiler may be subjected to a greater pressure than the amount allowed by the commissioner’s certificate, or intentionally deranges or hinders the operation of any ma- chinery or device employed to denote the stage of the water or steam in any boiler, or to give warning of any approach- ing danger, or intentionally permits the water to fall below the prescribed low water limit of the boiler, shall be guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine of not more than five hundred dollars, or by imprisonment for a term of not exceeding three years, or both in the discretion of the court having jurisdiction. If in the opinion of the commissioner of labor or inspector it is neces- sary to do so, the safety valve may be taken wholly from the control of all persons engaged in navigating such vessel and secured at the expense of the owner of the vessel by the com- missioner. Am. 1911, Act GO. (128) Sec. 14. Every person employed as master, pilot or engineer on board of a steam vessel or a vessel propelled by machinery, carrying passengers for hire shall, unless hold- ing a license issued by a United States board of inspectors cov- ering the class of vessels on which he is employed, be examined by the commissioner as to his qualifications, and if satisfied therewith he shall grant him a license for the term of one year for such boat, boats or class of boats as said commis- sioner may specify in such license. In a proper case the license may permit and specify that the master may act as pilot, and in case of small vessels also as engineer and pilot. The license shall be framed under glass and posted in some conspicuous place on the vessel on which he may act. Where it is impracticable to keep such license so posted it shall be kept on board accessible to any person demanding it. Who- ever acts as master, pilot or engineer, without having first received such license, or upon a boat or class of boats not specified in his license, or owner, lessee or agent employing him, shall be liable to a penalty of fifty dollars for each day that he so acts, except as in this act otherwise specified, and such license may be revoked by the commissioner for intem- perance, incompetency or wilful violation of duty. (129) Sec. 15. No licensed vessel carrying passengers for hire shall be allowed to use in lamps, lanterns or other lights on such vessel, any oil which will not stand a fire test of at least one hundred twenty degrees Fahrenheit. (130) Sec. 16. Every vessel subject to the provisions of this act shall have her name and the port to which she belongs Misdemeanor, what deemed. Penalty. Master, pilot, etc., granting of license to. License, framing and posting of. Master, etc., without license. Per diem penalty. Oil test for lamps. Name, etc., on stern. 56 STATE OF MICHIGAN. Receiving and discharging passengers. Explosives, etc., not to carry. Petroleum. Proviso. Petroleum for fuel. Steam, unsafe quantity. Penalty. Misdemeanor, penalty. painted on her stern on a black background in white, yellow or gilt letters or on a white background in black, yellow or gilt letters of not less than three inches in length. The com- missioner may, however, in the case of small vessels, permit such names to be placed elsewhere and in letters of less length. Am. 1911, Act 69. (131) Sec. 17. No vessel carrying passengers for hire shall receive or discharge passengers by any method or means whereby any risk of drowning or other accident might be in- curred, and the inspector shall prescribe such regulations, approved by the commissioner of labor as will make the receiving and discharging of passengers safe and convenient. (132) Sec. 18. No loose hay, camphene, nitroglycerine, naphtha, benzine, benzole, coal oil, crude petroleum or other like explosives, burning fluids or dangerous articles, shall be carried as freight or used in stoves on any steamer or vessel licensed to carry passengers under this act, except that re- fined petroleum which will not ignite at a temperature of less than one hundred twenty degrees Fahrenheit may be carried on the main deck of any vessel : Provided, The bar- rels or cases containing such oil are fully provided with a tarpaulin. Nothing in this section provided shall be con- strued to prevent any vessel of twenty tons burden or under which uses petroleum for fuel from carrying sufficient petroleum with which to replenish the fires and properly equip such vessel for use; said petroleum to be carried in metal cans or tanks, which shall be properly protected by a covering of wood or other substance which would equally protect from accident, and be approved by said commissioner, and to be conveyed from said cans or tanks to said fires through metal pipes. (133) Sec. 19. No master, engineer or other person hav- ing charge of the boiler or apparatus for the generation of steam of any steamboat or vessel carrying passengers for hire, shall create or allow to be created any undue or unsafe quantity of steam in order to increase the speed of such boat or to excel another boat in speed. Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment for a term of not exceeding three years, or both in the discretion of the court having jurisdiction. Am. 1911, Act 69. (134) Sec. 20. Every master, engineer or pilot who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred fifty dollars, or by imprisonment not exceed- ing one year, or both in the discretion of the court having jurisdiction, unless a different penalty is prescribed. Am. Id. LABOR LAWS. 57 (135) Sec. 21. The owner of every steamboat or vessel Responsibility shall be responsible for the good conduct of the master em- of owner * ployed by him, and if any peualty incurred by such master is not paid by him and cannot be collected from him by due course of law, it may be recovered of the owner or owners jointly or severally of the steamboat or vessel in whose em- ploy he was at the time of the incurring of such penalty, in the same manner as if such owner or owners were sureties of such master. (136) Sec. 22. The master of every vessel carrying pas- Act. posting sengers for hire shall keep a copy of the preceding sections of - of this act posted in a conspicuous place on such vessel for the inspection of all persons on board thereof. Am. 1911, Act 69. (137) Sec. 23. The commissioner shall, on or before the Annual first day of January in each year, make a verified report to commissioner, the governor, containing a detailed statement of the names and number of vessels examined and licensed, the names and number of vessels to which licenses were refused and stating the reasons for the refusal, the names and number of persons examined and licensed, the names and number to whom licenses were refused and stating the reasons therefor, and may include in such report any other information he may deem desirable. (138) Sec. 24. All steam vessels, naphtha, gasoline and passenger electric launches, or any craft propelled by machinery carry- ing passengers for hire must comply with all the terms and comply^ provisions of this act, and with all orders, regulations and v,lt act requirements of the commissioner. If any such vessel is navi- Penalty, gated without complying therewith, except as herein stated or without the requisite certificates of the commissioner, the owners and masters shall forfeit to the state of Michigan the penalties prescribed in this act, and the vessel so navigated shall also be liable therefor and may be attached and pro- ceeded against in any court having jurisdiction. If any such Licensed vessel is deprived of the services of any licensed officer with- temporary out the consent, fault or collusion of the master, owner or vacanc v- any person interested in the vessel, the deficiency may be temporarily supplied for ten days, until a licensed officer can be obtained : Provided, That only one unlicensed officer Proviso, shall be so employed at one time to supply such deficiency. If the owner or master of any vessel shall, at least twenty when days before the expiration of his certificate, notify the com- conthfueln 0 missioner of such expiration and request a new inspection force, and certificate, the certificate then expiring shall continue in force until an inspection is made and such owners and masters are not liable for any of the penalties provided in this act on account of navigating said vessel without such new certificate. (139) Sec. 25. For each inspection provided for in sec- inspection tions two and three of this act the owner or master of each fee ' 58 STATE OP MICHIGAN. License. Proviso, exemptions. Fees, disposition of. Inspector, per diem, expenses, etc. Inspector deputy commissioner. Altering of license, penalty. Inspector, when office forfeited. Stationery, etc., who to procure. Search lights, unlawful to flash. Penalty. vessel shall pay the commissioner of labor an inspection fee, which shall not be less than five dollars nor more than twenty dollars, to be fixed by the commissioner of labor with refer- ence to the size of the vessel inspected, which size shall be ascertained by some practical method adopted by the com- missioner of labor for the use of the inspector. For each license issued under section fourteen of this act the person so licensed shall pay to the commissioner of labor the sum of five dollars: Provided, That boats of twenty -five feet length or less, and six feet beam or less shall be exempt from the provisions of this section. All of the fees received from this source shall be accounted for by the commissioner of labor to the state treasurer, and credited to the general fund. (140) Sec. 26. The inspector provided for in this act shall receive six dollars per diem for the time actually en- gaged in making the inspections and examinations provided for herein, and shall be paid necessary traveling expenses when making such inspections and conducting such examina- tions at other than the domicile of said inspector, to be paid out of the general fund not otherwise appropriated, upon vouchers presented to the auditor general. (141) Sec. 27. Any inspector duly employed by the com- missioner of labor for the execution of any of the provisions of this act shall be deemed to be a deputy of said commis- sioner for the purposes hereof. (142) Sec. 28. Every master, pilot, engineer or operator licensed under the provisions of this act, who shall change, by addition, interpolation or erasures of any kind, any cer- tificate or license issued by the inspector referred to in this act, shall for every such offense upon conviction be punished by a fine of not more than five hundred dollars or by imprison- ment for a term of not exceeding three years, or both in the discretion of the court having jurisdiction. (143) Sec. 29. Any inspector who upon any pretense receives any fee or reward for his services, except that which is allowed to him by law, shall forfeit his office and be other- wise punished by a fine of not more than five hundred dollars or imprisonment not more than six months, or both in the dis- cretion of the court having jurisdiction. (144) Sec. 30. The commissioner of labor shall procure for the inspectors such instruments, stationery, printing and other things necessary for his and their official use as may be required therefor under this act. (145) Sec. 31. Any person who shall flash or cause to be flashed the rays of a search light into the pilot house or into the eyes of the master, pilot, engineer or operator of an approaching or passing vessel, shall be deemed guilty of a misdemeanor, and may, if he be a master, pilot, engineer or operator licensed under the provisions of this act, be further liable to have his license revoked in the discretion of the court having jurisdiction of the offense. Search lights shall not be known as navigating lights. LABOR LAWS. 59 Am. 1911, Act 69. The amendatory act of 1911 contains a section num- bered 31a declaring the act “immediately necessary for the protection of the public safety.” (146) Sec. 32. Any inspector who wilfully certifies False falsely touching any vessel under the jurisdiction of this state SpStor? by as to her hull, accommodations, boilers, engines, machinery penalty. or their appurtenances or any of her equipments, or any mat- ter or thing contained in any certificate signed by him, shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than six months, or both in the discretion of the court having jurisdiction of the offense. (147) Sec. 33. Within forty -eight hours after a vessel Accident, meets with an accident involving a loss of life or damage to to P commls- property, it shall be the duty of the owner or the licensed sioner - officer in charge of such vessel to prepare a report setting forth the details of the casualty and swear to the same be- fore an officer authorized to administer oaths generally, which report shall be forwarded by mail or otherwise to the commissioner of labor without delay. (148) Sec. 34. The inspector shall investigate all viola- inspector to tions of the provisions of this act, and for such purpose shall violations 6 have the power and is hereby authorized to subpoena witnesses and compel their attendance, and he may also administer all necessary oaths to any witnesses thus summoned. (149) Sec. 35. In all cases where the issue is the sus- Accused may. pension or revocation of a license, the accused shall be allowed testlfy - to appear by counsel and to testify in his own behalf before the inspector. (150) Sec. 36. Whenever the inspector refuses to grant Refusal to a license to any person applying for the same, or suspends |f? nt llcense ’ or revokes the license of any master, engineer, pilot or op- erator, any person deeming himself wronged by such refusal, suspension or revocation, may, within thirty days thereof on application to the commissioner of labor, have his case examined anew by such commissioner; and the inspector shall furnish to the commissioner in writing the reasons for his doings in the premises; and such commissioner shall ex- Duty of amine the case anew, and he shall have the same powers to commi9Sloner - summon witnesses and compel their attendance and to ad- minister oaths that are conferred on the inspector; and such witnesses shall be paid in the same manner as provided for by section thirty-seven of this act; and such commissioner may revoke, change or modify the decision of such inspector; May modify and like proceedings may be had by any master or owner of declsion - any vessel herein required to be inspected in relation to the inspection of such vessel or her boilers, machinery or other apparatus by such inspector. (151) Sec. 37. The state treasurer shall pay such fees Fees of to any witness summoned as provided by the preceding sec- plymSa/etc. tion for his actual and necessary travel and attendance as shall be officially certified to upon the back of such sum- mons by the inspector or commissioner hearing the case, not 60 STATE OF MICHIGAN. Hotel defined. Fire escapes. Way of egress unobstructed. exceeding the rate allowed for fees and to witnesses for travel and attendance in any circuit court of the state. SECTION III.— HOTELS. An Act relating to the conduct of hotels, inns and public lodging houses. [Act 188, P. A. 1913.] The People of the State of Michigan enact: (152) Section 1. Every building or structure kept, used or maintained as, or held out to the public to be an inn, hotel or public lodging house, shall, for the purpose of this act, be defined as a hotel, and wherever the word “hotel” shall occur in this act it shall be construed to mean every such structure as is described in this section. (153) Sec. 2. Every hotel that is more than two stories high shall be equipped with an iron fire escape on the outside of the building connecting on each floor, above the first, with at least two openings, which shall be well fastened and secured with landings not less than six feet in length and three feet in width, guarded by an iron railing not less than three feet in height. Such landings shall be connected by iron stairs not less than two feet wide and with steps of not less than six inch tread and not more than eight inch rise, placed at an angle of not more than forty-five degrees and protected by a well secured hand rail on both sides and reaching to within twelve feet of the ground, with a drop ladder eighteen inches wide reaching from the lower plat- form to the ground. Such fire escapes shall be sufficient if a perpendicular ladder shall be used instead of the stairs, provided such iron ladder is placed at the extreme outside of the platform and at least three feet away from the wall of the building, and provided said ladder is equipped with round iron rounds not more than fifteen inches apart, ex- cept that fire-proof buildings may have inside fire escapes placed in a well, shaft, or opening which shall be built of fire-proof material and shut off from the remainder of the building by fire-proof, tight doors. The way of egress to such fire escape shall at all times be kept free and clear of all obstruction of any and every nature. Storm windows and storm doors shall be considered an obstruction for the purpose of this act, and such way of egress shall at all times be kept unlocked. There shall be posted and main- tained in a conspicuous place in each hall and each guest room, except the halls and rooms on the ground floor, of such hotel, a printed notice in characters not less than two LABOR LAWS. 61 inches high calling attention to and directing the way to such fire escape. (154) Sec. 3. Each and every hotel shall be provided with at least one sufficient chemical fire extinguisher for every twenty-five hundred square feet or less of floor area, which such extinguisher or extinguisher's shall be placed in a con- venient location in a public hallway outside of the sleeping rooms, and shall always be in condition for use. (155) Sec. 4. Every hotel that is not over two stories in height and which is not provided with such fire escape as is described in section two hereof, shall provide in every bed- room or sleeping apartment on the second floor a manila rope at least five eighths of an inch in diameter and knotted every eighteen inches, and of sufficient strength to sustain a weight and strain of at least five hundred pounds, and of sufficient length to reach the ground. Such rope shall be securely fastened to the joists or studdings of the build- ing as near the windows as practicable, and shall be kept coiled in plain sight at all times, nor shall such rope be covered by curtains or other obstruction. Every such hotel shall provide and maintain in a conspicuous place in every bedroom or sleeping apartment above the ground floors, a printed notice calling attention to such rope and giving di- rections for its use. (156) Sec. 5. Even* hotel shall be well drained and main- tained according to established sanitary principles; shall be kept clean and in a sanitary condition and free from effluvia arising from any sewer, drain, privy or other source within the control of the owner, manager, agent or other person in charge; shall be provided with water closets or privies prop- erly screened for the separate use of males and females, which water closets or privies shall be disinfected as often as may be necessary to keep them at all times in a sanitary condition. (157) Sec. 6. Every hotel shall have and provide all toilet rooms, bath rooms and sleeping rooms with individual textile towels. Every hotel shall have and provide all beds with regulation sheets, not less than ninety inches in length. Such beds shall also be provided with sufficient number of regulation size blankets or quilts that are kept in a sanitary condition. (158) Sec. 7. Every owner, manager, agent or person in charge of a hotel, who shall fail to comply with any of the provisions of this act. shall be deemed guilty of a mis- demeanor. and shall be fined not less than twenty-five dol- lars nor more than fifty dollars, or shall be imprisoned in the county jail for not less than thirty days nor more than sixty days, or both, and every day that such a hotel is carried on in violation of this act shall constitute a separate offense. (159) Sec. 8. The labor commissioner, dairy and food commissioner, insurance commissioner and the executive officer of the state board of health shall constitute a commis- Fire extin- guishers. Buildings two stories or les3, how equipped. Sanitation, drainage, etc. Rooms, how furnished. Violation, penalty. Power of commission 62 STATE OF MICHIGAN. sion for the purpose of carrying into effect the provisions of this act, and same shall be delegated with the power to adopt such rules and regulations as conditions may require, inspectors. (160) Sec. 9. Such commission shall delegate and confer the title of hotel inspector or deputy inspectors upon such men now operating under the supervision of the several de- partments constituting this commission, and in such number as the lawful enforcement of this act shall justify. Duties. (161) Sec. 10. It shall be the duty of the inspector and his deputies to see that all of the provisions of this act are complied with, and said inspector or the deputy for the dis- trict shall personally inspect at least once each year and at such other times as in the best judgment of the commission or the deputy the occasion demands as defined by this act. Power. (162) Sec. 11. Said inspector and his deputies are hereby granted police power to enter any hotel at reasonable hours to determine whether the provisions of this act are being com- plied with. Certmeate^ed (163) Sec. 12. If the inspector or deputy shall find after w ere pos t . exam j na fl on 0 f ail y hotel that this law has been fully com- plied with, he shall issue a certificate to that effect to the person operating the same, and said certificate shall be kept posted up in a conspicuous place in said inspected building. Such certificate shall be prepared in blank by said commis- sion. False certifi- (164) Sec. 13. Any inspector who shall wilfully certify cation, penalty fgjg^jy regarding any building inspected by him, and who shall issue a certificate to any person operating in any hotel when such person has not complied with the provisions of this act, shall on conviction thereof be fined not less than fifty dollars nor to exceed one hundred dollars, and may be imprisoned not to exceed ninety days in the county jail, or both at the discretion of the court, and upon conviction shall be forever disqualified to hold said office. Hindrance^ (165) Sec. 14. Any owner, manager, agent or person in penaityfon* charge of a hotel, who shall obstruct or hinder an inspector in the proper discharge of his duties under this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars nor more than fifty dollars, or shall be imprisoned in the county jail not less than thirty days nor more than sixty days, or both. Prosecutions. (166) Sec. 15. It shall be the duty of the inspector, upon ascertaining by inspection or otherwise, that after sixty days from the time this act takes effect, any hotel is being carried on contrary to its provisions, to make complaint and cause the arrest of the person so violating the same; and it shall be the duty of the prosecuting attorney in such cases to prepare all necessary papers and conduct such prosecutions. LABOR LAWS. 63 CHAPTER III. — RELATIONS OF EMPLOYERS AND EMPLOYES. An Act to prescribe the duties and liabilities of employers and em- ployes arising from the offer and acceptance of inducements for the performance of labor or service for hire at some point away from the home locality. [Act 106, P. A. 1903.] The People of the State of Michigan enact: (167) Section 1 . Any person, company or corporation, or any agent or officer thereof who shall induce another per- son, by promise of wages or other valuable consideration, to agree to work for the person, company or corporation in whose behalf the offer of inducements is made, at a point away from his or her home locality, shall specify in writing the terms and conditions under which the said work is to be performed, the rate of wages and how, when and where said wages are agreed to be paid, and may furnish a copy of such statement of agreement to the person so induced by the promises therein to agree to work for the person, company or corporation offering said inducements: Provided. That it shall be unlawful for any person to make a tender of induce- ment to go away from the home locality to work, to any child under sixteen years of age unless the written consent of the parents of such child has been first obtained, as well as the consent of the truant officer or county agent of the board of corrections and charities for the locality where said child belongs; and in case such consent is obtained and the child goes abroad under the influence of the inducements so offered, such child under sixteen years of age shall be safely returned to its home at any time when its parents shall request, in writing, such return. Any person or any agent or officer of any corporation who shall, in offering inducements to any person to work for hire at any place apart from his or her home locality, misrepresent any of the conditions of such em- ployment as mentioned above, shall be liable to pay to the person injured by such misrepresentation, the full amount of the damage sustained and shall be further liable to the penalties provided in section three of this act. (168) Sec. 2. Every person, who, with intent to defraud, shall accept or receive transportation provided by or at the instance or expense of his employer, from any point in this state to or in the direction of the place where he has con- tacted to perform labor for, or render services to such em- ployer, or who shall knowingly, and with intent to defraud, accept or receive the benefit of any other pecuniary advance- ments made by or at the instance and cost of his employer, under an agreement on the part of such person to perform labor or render sei vices in repayment of the cost of such When to make written con- tract. What to specify. Proviso as to children. Penalty for misrepresen- tation. Penalty for fraudulently receiving transporta- tion. 64 STATE OF MICHIGAN. transportation or of such other benefits, shall he deemed and adjudged guilty of a misdemeanor if he shall neglect or re- fuse to render services or perform labor of an equal value to the full amount paid for such transportation or other benefits, or shall neglect or refuse to pay such employer in money the amount paid therefor. The value of the services to be ren- dered, or labor to be performed shall be determined by the price agreed to be paid therefor by such employer under his value of contract with the employee. The failure or refusal of any detenSned W such employee to perform such labor or to render such serv- ices in accordance with his contract, or to pay in money the amount paid for such transportation or other benefits, shall be prima facie evidence of his intent to defraud. Penalty for (169) Sec. 3. Every person found guilty of violating the violation °f provisions of this act shall be punished by a fine not exceed- ing twenty-five dollars or by imprisonment of not less than ten nor more than sixty days. An Act to prescribe the liability of common carrier railroad compa- nies to their employes. [Act 104, P. A. 1909.] The People of the State of Michigan enact : (170) Section 1. Every common carrier railroad com- pany in this state shall be liable to any of its employes, or, in case of his death, to his personal representative for the benefit of his widow and children, if any; if none, then for his parents; if none, then for his next of kin, for all damages which may result from the negligence of any such railroad company or from the negligence of any of its officers, agents or employes, or bv reason of any defect or insufficiency due to the negligence of any such common carrier railroad com- pany in its cars, engines, appliances, machinery, track, road bed, works, boats, wharves, coal docks or other equipment. A mason’s tender, employed by a railroad company to assist in construct- ing an addition to its roundhouse, working on a scaffold inside of the un- completed wall, was entitled to recover for injuries caused by the negligence of a fellow-servant in constructing defective scaffolding. — Ferguson v. L. S. & M. S. Rv. Co.. 169/260. And he was not within the exception of section 7. — id. This act abolishes the fellow-servant rule, but does not repeal the “survival act,” (C. L. 1897. § 10117). as to railroad employes. — Habitz v. Wabash R. Co., 170/71. It changes the common-law rules relative to con- tributory negligence and permits a recovery, if the fault of plaintiff was less than that of defendant’s servants. — Bruce v. M. C. R. Co., 172 / 441. This act is not an amendment of any other statute. It alters the rules of the com- mon law with respect to a single class of employers and employes. As to others, those rules remain unaltered. No one has a vested interest in any rule of the common law and the abolishment of the fellow-servant rule is constitutional. — Sonsmith v. P. M. It. Co., 173 / 57. (171) Sec. 2. In all actions hereafter brought against any such common carrier railroad company under or by virtue of any of the provisions of this act to recover damages Liability of railroad companies. Contributory negligence not to bar a recovery. LABOR LAWS. 65 for personal injury to an employe, or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence shall not bar a recovery : Provided, That the negligence of such employe Proviso, was of a lesser degree than the negligence of such company, its officers, agents or employes: Provided further, That no Further such employe who may be injured or killed shall be held to proviso - have been guilty of contributory negligence in any case where the violation by such common carrier railroad company of any statute enacted for the safety of employes contributed to the injury of such employe, and such employe shall not be held to have assumed the risk of his employment in any case where the violation by such common carrier of any statute enacted for the safety of emplojes contributed to the injury or death of such employe. Under the two provisos the defenses of contributory negligence and assumed risk are not available if the failure of the defendant to comply with statu- tory provisions for the safety or protection of employes caused the injury, or if the negligence of plaintiff was less than that of defendant. — Bruce v. M. C. R. Co., 172/441. (172) Sec. 3. The words “railroad company,” as used "Railroad in this act, shall be taken to embrace any company, associa- defined! 7 tion, corporation, or person managing, maintaining, oper- ating, or in possession of a common carrier railroad in whole or in part within this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver. Street railways, being common carriers, are within the provisions of this act. — Arends v. Grand Rapids Railway Co., 172 / 448. (173) Sec. 4. No contract of employment, insurance, re- lief benefit, or indemnity for injury or death entered into by or on behalf of any employe, nor the acceptance of any such insurance, relief benefit or indemnity by the person en- titled thereto, shall constitute any bar or defense to any ac- tion brought to recover damages for personal injuries to, or death of such employe: Provided, however, That upon the trial of such action, the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit or indemnity that may have been paid to the injured employe, or, in case of his death, to his personal representa- tive. (174) Sec. 5. No action shall be maintained under this act unless commenced within two years from the time the cause of action accrued. (175) Sec. 6. Nothing in this act shall be held to limit the duty of common carrier railroad companies, or impair the rights of their employes under existing laws of the state. (176) Sec. 7. The provisions of this act shall not apply to employes working in shops or offices. See notes to section 1 of this act. Employment, etc., contract of. Proviso. Action, when to begin. Rights not impaired. Not to apply to certain employes. 9 66 STATE OF MICHIGAN. CHAPTER IV. — DAY’S LABOR AND PAYMENT OF WAGES. An Act making ten hours a legal day’s work. [Act 137, P. A. 1885.] Where to apply. Work in excess of ten hours. When not otherwise ex- pressly men- tioned ten hours to be day’s work. What to be considered a misdemeanor. Penalty. Duty of prosecuting attorney. Disposition of fines. The People of the State of Michigan enact: (177) § 5453. Section 1 . That in all factories, work- shops, salt blocks, saw mills, logging or lumber camps, booms or drives, mines or other places used for mechanical, manu- facturing, or other purposes within the state of Michigan, where men or women are employed, ten hours per day shall constitute a legal day’s work, and any proprietor, stockholder, manager, clerk, foreman, or other employers of labor who shall require any person or persons in their employ to per- form more than ten hours per day, shall be compelled to pay such employes for all overtime or extra hours at the regular per diem rate, unless there be an agreement to the con- trary. Plaintiff contracted to work as night watchman in the horse barn of a street railway company, with full knowledge that it was the absolute custom and invariable rule that the employes should work as many hours as the convenience and business of the company demanded for the pay agreed on as one day’s pay. Ilis accounts were settled semi-monthly upon the basis of compensation agreed upon. Held, that he could not recover for time worked over ten hours per day. — Bartlett v. Street Ry. Co., 82 / 658. This statute was not intended to apply to work which of necessity is fluctuating and ir- regular in amount like the taking, finishing and retouching of photographs, or to service or employment under a hiring by the week, month or year. — Schurr v. Savigny, 85 / 147. (178) § 5454. Sec. 2. That in all contracts, engage- ments, or agreements to labor in any mechanical, manufactur- ing, or other labor calling, where such contracts or agree- ments are silent, or no express conditions specified, ten hours shall constitute a day’s work, and the contract or agreement shall be so construed. (179) § 5455. Sec. 3. Any individual, firm, agent of any corporation, or other employers of labor who shall take any unlawful advantage of any person or persons in their employ, or seeking employment, because of their poverty or misfortune, to invalidate any of the provisions of the preced- ing section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars, nor more than fifty dollars for each offense, and it shall be the duty of the prosecuting attorney of the county in which such offense was committed, upon receiving com- plaint, to prosecute all such cases in the name of the people of the state of Michigan, before any justice of the peace or other competent court of jurisdiction. (180) § 5456. Sec. 4. All fines collected for violation of this act shall be turned over to the school board, or board of education of the city or township wherein such fine may LABOR LAWS. 67 be collected, and the same shall by them be disbursed for and in benefit of the public schools. (181) § 5457. Sec. 5. Nothing in this act shall be con- Not to apply strued to apply to domestic or farm laborers, or other laborers laborers’ etc '' who agree to work more than ten hours per day. An Act to regulate the length of time which shall be a day’s labor by certain employes on railroads in this state, and to provide for pro rata compensation for extra services in addition to their daily compensation. [Act 177, P. A. 1893.] The People of the State of Michigan enact: (182) § 5458. Section 1. That no person, corporation, unlawful for joint stock company or association of individuals owning or Jompany°to operating a line of railroad, in whole or in part, within this overwork any state, shall permit or require any conductor, engineer, fire- ° yes ' man, brakeman or any trainman who has worked in any capacity for twenty-four hours to again go on duty or perform any kind of work until he has had at least eight hours rest. (183) § 5459. Sec. 2. Ten hours labor performed within what to twelve consecutive hours shall constitute a day’s labor in day^iabor 3, the operation of all steam, surface and elevated railroads now owned and operated or hereafter owned and operated within this state : Provided, That this act shall not apply to regular Proviso, schedule trains when completed within a less number of hours : Provided further, That the provisions of this act Further shall not apply to extra hours of labor performed by any proviso- conductor, engineer, fireman, brakeman or trainman in cases of unavoidable accident or delay caused by such accident. (184) § 5460. Sec. 3. Every hour in excess of ten hours when more labor performed in any one day by any conductor, engineer, hours* e work fireman, brakeman or any trainman of any railroad company, is done- corporation, joint stock company or association of individuals or person owning or operating a railroad within this state, who works under the direction of a superior or at the request of such person, company, corporation, joint stock company or association of individuals and who shall be required or per- mitted to work shall be deemed one-tenth of a day’s labor and such conductor, engineer, fireman, brakeman or trainman shall receive pro rata compensation for said extra service in Compensation addition to his daily compensation. for (185) § 5461. Sec. 4. Any person, agent or employe of Penalty for such person, railroad company, corporation, joint stock com- vlolatlon of - pany or association of individuals violating the provisions of this act, shall be guilty of a misdemeanor, and on convic- tion shall be punishable by a fine of not less than fifty and not to exceed one hundred dollars in the discretion of the court. 68 STATE OF MICHIGAN. Bond required for payment of subcon- tractors. Subcon- tractors to give written notice. When entitled to benefit of security, etc. Bond, to whom executed ; sureties, by whom approved, etc An Act to insure the payment of subcontractors and wages earned and material used in constructing, repairing or ornamenting pub- lic buildings and public works. [Act 187, P. A. 1905.] The People of the State of Michigan enact: (186) Section 1. When public buildings or other public works are about to be built, repaired or ornamented under contract at the expense of the state, or of any county, city, village, township or school district thereof, it shall be the duty of the board of officers or agents, contracting on behalf of the state, county, city, village, township or school district, to require sufficient security by bond for the payment by the contractor of all subcontractors and for the payment for all labor performed and materials furnished in the erection, repairing or ornamenting of such building or works. Kuonnan v. Fidelity & Guaranty Co., 159/127. Sureties cannot avoid liability by showing a failure of the municipal authorities to approve the bond. — People v. Carroll, 151 / 233. (187) Sec. 2. In the case of a subcontractor, he shall give notice in writing before payment is made for the work or materials furnished by him to the said board of officers or agents, that he is a subcontractor for the doing of some part of such work which he shall specify in his notice and that he relies upon the security of the bond by this act re- quired to lie given by the principal contractor, and that in the case of the giving of such notice to the said board of officers or agents said subcontractor shall also notify the principal contractor that he has done so, and whenever this shall have been done, the said subcontractor shall be entitled, subject to the rights of the persons with whom he has con- tracted for labor and materials, to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or furnished materials for such building, repairs or ornamentation, whom he shall have actually paid, but the subcontractor and the persons who shall have performed labor or furnished ma- terials to him shall not in the aggregate be entitled to receive larger sums than may be required from the principal con- tractor under his contract with the subcontractor, nor shall this act be construed to change in any way the contract which may have been made between the principal contractor and the subcontractor, except when such contract shall at- tempt to relieve the principal contractor as against the de- mands of those performing labor or furnishing nlaterials to the subcontractor. (188) Sec. 3. Such bond shall be executed by such con- tractor to the people of the state of Michigan in such amount and with such sureties as shall be approved by the board of . officers or agents acting on behalf of the state, county, city, LABOR LAWS. 69 village, township, or school district as aforesaid, and shall be conditioned for the payment by such contractor to any subcontractor or by any such contractor or subcontractor as the same may become due and payable of all indebtedness which may arise from said contractor to a subcontractor or party performing labor or furnishing materials, or any sub- contractor to any person, firm or corporation on account of any labor performed or materials furnished in the erection, repairing or ornamentation of such building, improvement or works : Provided, however, That the principal contractor Proviso, shall not be required to make any payment to a subcontractor of sums due from the subcontractor to parties performing labor or furnishing materials, except upon the receipt or the written orders of such parties to pay the sums due to them to subcontractors. Such bond shall be deposited with and where held by such board of officers or agents for the use of any ep0S1 e ' party interested therein. (189) Sec. 4. Such bond may be prosecuted and a re- Recovery covery had by any person, firm or corporation to whom any bond, money shall be due and payable on account of having per- formed any labor or furnished any materials in the erection, repairing or ornamentation of any such building or works, in the name of the people of this state for the use and benefit of such person, firm or corporation : Provided, however, That Proviso, in the case of a suit for the benefit of a subcontractor, he shall be required to allege and prove that he has paid to all parties entitled thereto the full sums due to them for labor or ma- terials contracted for by him : And Provided further, That in no case brought under the provisions of this act shall the provso people of this state be liable for costs. An Act regulating the time of payment of wages to employes of all manufacturing, mercantile, street railway, telegraph, telephone, railroad, express, mining, electric light, gas and water companies or corporations, doing business in this state, and employes of every contractor, person or co-partnership in this state, engaged in any manufacturing business, in any of the building trades, in operating quarries, in and upon public works, in the construction or repair of railroads, street railways, roads, bridges or sewers; and providing a penalty for a violation thereof. [Act 59, P. A. 1913.] The People of the State of Michigan enact: (190) Section 1. Every manufacturing, mercantile, street wages, semi- railway, telegraph, telephone, railroad, express, mining, elec- Sent o 1 ? pay ~ trie light, gas and water company or corporation doing busi- ness in this state and every contractor, person or co-partner- ship in this state, engaged in any manufacturing business, in any of the building trades, in operating quarries, in and upon 70 STATE OF MICHIGAN. Proviso. Proviso, where not applicable. Further proviso, disagreement. Special con- tract, etc., not to exempt company, etc. public works, in the construction or repair of railroads, street railways, roads, bridges or sewers, shall on or before the first day of each calendar month pay to each employe engaged in its, his or their business, the wages earned by him during the first half of the preceding calendar month ending with the fifteenth day thereof, and on or before the fifteenth day of each calendar month pay to each employe the wages earned by him during the last half of the preceding calendar month. Any employe leaving his or her employment between the dates of any established pay day hereunder, shall be paid the wages earned and due at the time of leaving on the next following regular pay day, and any employe discharged from his or her employment, or absent from his or her place of employment on such regular pay day, shall be paid the wages earned and due such employe forthwith after demand, as soon as the amount due can with the utmost diligence be ascertained : Provided, That the mailing of a check for such wages upon or before the regular pay days herein established shall be deemed to be a compliance with the provisions of this act: Provided, That, unless upon such demand, none of the provisions of this act shall apply to employes work- ing under contract where the amount due cannot be ascer- tained until the termination of the contract, nor to men em- ployed in the lumbering business while at work in the woods. But in all cases of employes working under contract, the em- ployer shall pay to such employe semi-monthly the wages earned by such employe as nearly as the same can be esti- mated, and final and complete payment shall be made at the termination of the contract: Provided further, That in the case of a disagreement between employe and employer re- garding the amount of wages due an employe, the employer shall be deemed to have complied with the provisions of this act if payment of the wages claimed to be correct by the employer is paid to the employe on the regular pay day on which such wages are due, and in the case the employe proves his claim for more wages due him than has been paid by the employer the employer shall pay the additional amount due the employe on the next regular pay day after the employe’s claim has been proved. (191) Sec. 2. No company, corporation, contractor, per- son or co-partnership specified in section one shall by any special agreement, contract or understanding, verbal or writ- ten, made with any such employe or intended employe, ex- empt itself, himself or themselves from the provisions of sec- tion one; and any such agreement, contract or understand- ing so made in violation of section one shall be null and void. All assignments of future wages payable as provided herein except for advances actually made shall not be valid if made to the company, corporation, contractor, person or co- partnership from whom such wages are to become due, or to any person on behalf of any such company, corporation, con- tractor, person or co-partnership, or if made or procured to LABOR LAWS. 71 be made to another company, corporation, contractor, per- son or co-partnership for the purpose of relieving the em- ployer from the obligation to pay as in section one provided. (192) Sec. 3. Any employer mentioned in section one of this act, who, unless prevented by act of God, proceedings in bankruptcy or orders or process of any court of competent jurisdiction, or circumstances over which such employer has no control, shall fail to make payment of the wages due to any such employe, as provided in section one of this act, shall, as liquidated damages for such failure, pay to such employe for each day that the amount due him remains un- paid, ten per cent of the amount due him in addition there- to, and said damages may be recovered in any court having jurisdiction of the suit to recover the amount due to such em- ploye. (193) Sec. 4. This act shall take effect and be in force from and after September first, nineteen hundred thirteen. An Act to create a commission of inquiry to make the necessary in- vestigation and to prepare and submit a report to the next legis- lature, or to any special session of the present legislature, setting forth a comprehensive plan and recommending legislative action, providing for minimum wages for female employes; and to appro- priate the necessary moneys for the expense thereof. [Act 290, P. A. 1913.] The People of the State of Michigan enact: (194) Section 1 . There shall be a commission of inquiry to consist of three members to be appointed by the governor from among the citizens of this state, to investigate condi- tions and problems involved in the question of wages paid to female employes with special reference to whether such wages paid are adequate for the necessary cost of living and to main- tain the worker in health, and whether the conditions of labor are prejudicial to the health or morals of the workers in the several occupations, trades and industries in this state em- ploying women. (195) Sec. 2. The members of said commission shall serve without pay and shall be allowed their actual and necessary expenses incurred in the performance of their duties while traveling within this state. (196) Sec. 3. It shall be the duty of said commission to fully investigate matters mentioned in section one, and for the purpose of the investigation, said commission is hereby authorized to hold sessions in various parts of the state if necessary, to summon witnesses and require the production of books and papers relating to said subject, to administer oaths and to employ such clerical and other assistance as may be necessary to accomplish the purposes of this act. Failure to comply, penalty. Commission of inquiry. Expenses to be paid. Sessions, where held, etc. 72 STATE OF MICHIGAN. Report to legislature. To organize and elect officers. To purchase books, sta- tionery, etc. Penalty of molestation. (197) Sec. 4. It shall be the duty of said commission to prepare and submit to the next legislature, or to any special session of the present legislature, a full report of their find- ings together with such proposed legislation as will in their opinion remedy such conditions as they may find. (198) Sec. 5. Said commission shall as soon as prac- ticable after its appointment, meet at the capitol and or- ganize by electing one of its members as chairman and shall have use of suitable quarters to be provided by the board of state auditors. (199) Sec. 6. Said commission shall have power to pur- chase books, stationery and other materials and the expenses incurred in the performance of their duties, including the cost of the publication of such a number of copies of their report as in their judgment shall be advisable, shall be audited and allowed by the board of state auditors upon vouchers and bills properly sworn to and duly certified by the chairman and shall be paid from the general fund of the state. (200) Sec. 7. It is hereby declared that this act is im- mediately necessary for the preservation of the public health and safety. CHAPTER V.— PROTECTION OF THE RIGHTS, HEALTH, SAFETY AND LIVES OF LABORERS. An Act to protect mechanics and other laborers in the quiet and peaceable pursuit of their avocations. [Act 163, S. L. 1867.] The People of the State of Michigan enact: (201) § 11343. Section 1 . That if any person or per- sons shall, by threats, intimidations, or otherwise, and with- out authority of law, interfere with, or in any way molest, or attempt to interfere with, or in any way molest or disturb, without such authority, any mechanic or other laborer, in the quiet and peaceable pursuit of his lawful avocation, such person or persons shall be deemed guilty of a misdemeanor, and on conviction by a court of competent jurisdiction, shall be severally punished by fine of not less than ten dollars, nor more than one hundred dollars, or by imprisonment in the county jail where the offense shall have been committed, not less than one month nor more than one year, or by both fine and imprisonment, in the discretion of the court; but if such punishment be by fine, the offender shall be im- prisoned in such jail until the same be paid, not exceeding ninety days. LABOR LAWS. 73 An Act to protect toilers against unjust demands of employers of labor; to give redress to employes discharged in certain cases, and to punish employers, their agents, clerks and servants for any vio- lation of this act. [Act 192, P. A. 1893.] The People of the State of Michigan enact: (202) § 11400. Section 1. That it shall be unlawful for any employer of labor, by himself, his agent, clerk or servant to require any employe, or person seeking employment, as a condition of such employment, or continuance therein, to make and enter into any contract, oral or written, whereby such employe or applicant for employment shall agree to contribute directly or indirectly to any fund for charitable, social or beneficial purpose or purposes. (203) § 11401. Sec. 2. It shall be unlawful for any such employer, by himself, his agent, clerk or servant, to deduct from the wages of any employe, directly or indirectly, any part thereof without the full and free consent of such employe, obtained without intimidation or fear of discharge for refusal to permit such deduction. (204) § 11402. Sec. 3. If the employer be a firm or corporation, each and every member of said firm, and each and every managing officer of the corporation, shall be liable to punishment under this act; and any clerk, servant or agent of any such employer who shall do or attempt to do any act forbidden by this act, shall be equally liable with his employer or employers as principal, for any such violation of this act. (205) § 11403. Sec. 4. Any person who shall violate any provision of the first three sections of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars and not more than one hundred dollars, or by imprisonment in the county jail for a period of not less than ten nor more than ninety days for each offense. An Act to protect persons commissioned or enlisted in the organized militia of Michigan from injury in person or property on account of such membership, and to provide for a penalty for violation of this act. [Act 194, P. A. 1909.] The People of the State of Michigan enact: (206) Section 1. No person shall either by himself or another deprive a member of the organized militia of this state of employment or prevent, obstruct or annoy any such Certain contracts unlawful. Unlawful to deduct from wages in cer- tain cases. Who liable to punishment. Penalty for violation. Protection of commis- sioned or enlisted men. 74 STATE OF MICHIGAN. Discrimina- tion. Insult, abuse, etc. Penalty. Corrupt influencing of agents, servants, etc., unlawful. member or his employer in respect of such employment be- cause such member is commissioned or enlisted in the or- ganized militia of this state or because such person performs military duty under orders from competent authority. No person shall dissuade any other person from enlisting in the organized militia of this state by threats of injury, in case he shall enlist, in respect of his employment, trade or busi- ness. (207) Sec. 2. No association or corporation constituted or organized for the purpose of promoting the success of any trade, employment or business of the members thereof, nor any association whose membership is confined to persons of a particular race, shall, by any constitution, rule, by-law, regulation, vote or resolution, discriminate against any mem- ber of the organized militia of this state in respect to the eligibility of the officer or soldier to membership in such asso- ciation or corporation, or in respect to his right to retain his membership in such association or corporation, and no per- son shall aid in enforcing any such provision against any officer or soldier of the organized militia of this state with in- tent to discriminate against such member on account of his membership. (208) Sec. 3. No person shall unlawfully molest, insult or abuse any member of the organized militia of this state while in the performance of military duty, or unlawfully molest, insult or abuse any such member because of his mem- bership or on account of the performance of military duty while a member. (209) Sec. 4. Any person who violates any of the pro- visions of this act shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not more than one hundred dollars or by imprisonment not exceeding ninety days, or by both such fine and imprisonment in the discretion of the court. An Act to prohibit the corrupt influencing of agents, employes, or servants. [Act 210, P. A. 1905.] The People of the State of Michigan enact : (210) Section 1. Whoever corruptly gives, offers or promises to an agent, employe or servant any gift or gratuity whatever, with intent to influence his action in relation to his principal’s, employer’s or master’s business; or an agent, employe or servant, who corruptly requests or accepts a gift or gratuity or a promise to make a gift or to do an act bene- ficial to himself, under an agreement or with an understand- ing that he shall act in any particular manner in relation to his principal’s, employer’s or master’s business; or an agent, LABOR LAWS. 75 employe or servant, who, being authorized to procure ma- terials, supplies or other articles either by purchase or con- tract for his principal, employer or master, or to employ service or labor for his principal, employer or master, re- ceives directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor; and any person who gives or offers such an agent, employe or servant such commission, discount or bonus, shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not more than five hundred dol- lars, or by imprisonment in the state prison for a period of not more than one year, or by both such fine and imprison- ment in the discretion of the court. An Act to compel the maintenance of water-closet accommodations for workmen on buildings during course of erection. [Act 205, P. A. 1899.] The People of the State of Michigan enact: (211) Section 1 . That it shall be the duty of all archi- tects to insert a clause in the specifications for all buildings providing for suitable temporary water-closets for the use of workmen employed on such buildings while in the course of erection, unless closets are already maintained on such premises; and it shall also be the duty of the contractor or person erecting such building to erect such closet within the first week after commencing work thereon. (212) Sec. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars or more than twenty-five dollars or imprison- ment in the county jail for a term not exceeding thirty days, or both such fine and imprisonment in the discretion of the court. An Act to provide for the better protection of lives of passengers and employes on railroad trains. [Act 118, P. A. 1887.] The People of the State of Michigan enact: (213) § 5508. Section 1 . That on and after the first day of November, eighteen hundred and eighty-nine, every railroad company owning or operating any railroad wholly Penalty for violation. Architects to insert clause relative to water-closets. Penalty. Companies to make provi- sions against the burning of cars, etc. 76 STATE OF MICHIGAN. Methods of heating. Proviso. Power and duty of rail- road com- mission in relation to. How pro- visions of this act may be enforced. Unlawful to use cars with- out automatic couplers. Proviso as to certain cars. or partly within this state, shall make some effective pro- vision against the burning of cars in which passengers are carried, or of cars which form part of passenger trains, in some one or more of the following, or other equally effec- tive, methods : By generating the heat for warming the cars outside and independent of said cars, or by the use of heaters in the cars, so constructed that in case of accident, it will be practically impossible for the fire to escape from the stove or heater so as to set fire to the cars, or provided with some automatic or quickly and easily operated provision for ex- tinguishing fire, and when the heat is generated outside of the cars, heaters constructed as provided for in this section may be retained within for use in case of emergencies: Pro- vided, That the provisions of this section shall not apply to caboose cars on freight trains. (214) § 5509. Sec. 2. No device shall be adopted for general use until approved by the commissioner of railroads, and he shall have the power, and it is hereby made his duty to order any stoves or heaters removed, which, in his judgment, are unsafe in case of accident. And he is hereby empowered to use such reasonable means to provide for carrying out the spirit of this law to promote the safety of passengers and employes in railway cars, as the condition of the road and experience in the use of the various methods of heating have demonstrated to be practicable and necessary. (215) § 5510. Sec. 3. The provisions of this act may be enforced by any circuit court of this state in any county through which the railroad of any company refusing to com- ply with such provisions may run, upon the application of the commissioner of railroads, under such penalty as the said court may determine, of not less than one hundred dollars for each violation of the provisions of this act. An Act to promote the safety of employes and travelers upon rail- roads, by compelling common carriers in this state to equip their cars with automatic couplers and to provide a penalty for viola- tions hereof. [Act 234, P. A. 1907.] The People of the State of Michigan enact: (216) Section 1 . It shall hereafter be unlawful for any common carrier owning or operating any portion of a rail- road wholly or partly in this state to haul or permit to be hauled or used on its line within this state any car used in moving traffic not equipped with couplers coupling automat- ically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars: Pro- vided, That nothing in this act contained shall apply to LABOR LAWS. 77 trains composed of four-wheeled cars or to trains composed of eight-wheeled standard logging cars where the height of such car from top of rail to center of coupling does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs. Held that the provisions of C. L. 1897, §§ 551,1-5512, on this subject, did not require the placing of such couplers on the tenders of locomotives. — Blanchard v. Detroit & Mackinac By. Co., . 139 / 694. Coupling devices on freight cars held sufficient compliance with law. — Wight v. M. C. R. Co., 161/216. (217) Sec. 2. Any such common carrier hauling or per- Penaityfor mitting to be hauled or used on its line any car in violation 710 lon ‘ of the provisions of this act shall be liable to a penalty of not more than one hundred dollars for each and every such violation, to be recovered in an action of assumpsit brought in the name of the people of this state, and it shall be the duty of the prosecuting attorney of the proper county to bring any such action at the request of the commissioner of railroads (railroad commission). Sec. 3 repeals Act No. 147 of 1885, §§ 5511-12, C. L. 1897. Nichols v. C. & N. W. R. Co., 125/394; De Cair v. M. & G. R. R. Co., 133 / 578 ; Van Leuvan v. Ann Arbor R. Co., 167 / 355. An Act to provide for the safety of brakemen and other employes on railroads. [Act 190, P. A. 1881.] The People of the State of Michigan enact: (218) § 5513. Section 1. That wherever in the state Railroads to of Michigan there shall be over, above, or across any of the guards, tracks of any railroad a bridge, crossing, viaduct, or other ob- struction at a height of less than seven feet above the roof of the freight cars used on or hauled over said road ; and when- ever [wherever] there shall be upon any railroad in the state of Michigan any bridge or other structure that shall have over or above any track of said road a transverse beam, girder, rod, or other obstruction at a height less than that above mentioned, it shall be the duty of the officers of such rail- road to erect and keep in repair at or near such bridge, crossing, viaduct, or other obstruction, safety guards, made and placed as provided for in section two of this act. (219) § 5514. Sec. 2. The safety guards mentioned in what safety section one of this act shall consist of a transverse rod, beam, f^of! to con ' or timber placed across the track or tracks of said railroad at such a height and at such distance from the bridge, viaduct or other obstruction, as the commissioner of railroads (rail- road commission) shall direct; and from said rod or beam 78 STATE OF MICHIGAN. Proviso. Penalty for neglect. Employes operating cars to be pro- tected from weather from November to April. What en- closure to be made of. shall be suspended straps, ropes or cords of such size and of such length as the said commissioner (commission) shall also direct. The said ropes or cords shall be attached to said transverse rod or beam at a distance not greater than nine inches from each other, for the space of eight feet directly over the track. Said guards shall be placed upon each side of such bridge, viaduct, or other obstruction : Provided, That if two such bridges or other obstructions shall be at a less distance apart than one hundred feet, then no guard shall be required between them. (220) § 5515. Sec. 3. Any railroad company, lessee or other person or persons operating any railroad that shall re- fuse or neglect to erect the guards required by this act for the space of sixty days after notice from the commissioner of railroads (railroad commission) requiring the erection of such guards, shall be subject to a fine of not less than fifty or more than one hundred dollars, to be collected at the suit of the people of this state by the prosecuting attorney of each county wherein such bridge or obstruction may be situated, and for every twenty days delay thereafter in erecting such guards such company or person shall be liable to the same fine, to be collected as above provided. An Act to require street railway companies operating electric cars, cable or other cars propelled by steam, cable or electricity, to pro- tect certain of their employes from the inclemency of the weather during certain months of the year. [Act 9, P. A. 1895.] The People of the State of Michigan enact: (221) § 5522. Section 1. That from and after the first day of January in the year of our Lord one thousand eight hundred and ninety-six, it shall be unlawful for any person, partnership or corporation, owning or operating a street railway in this state, or for any officer or agent thereof, superintendent or having charge or control of the manage- ment of such line of railway, or the cars thereof, operating electric, cable or other cars propelled either by steam, cable or electricity, which require the constant services, care or attention of any person or persons upon the platforms of such car, to require or permit such services, attention or care of any of its employes or any other person or persons between the first day of November and the first day of April there- after of each year unless such person, partnership or corpo- ration, its said officers or superintending or managing agents, have first provided the platforms of said car or cars with a proper and sufficient enclosure, constructed of wood, iron and glass, or similar, suitable material, sufficient to protect such LABOR LAWS. 79 employes from exposure to the winds and inclemencies of the weather: Provided, That such enclosure shall be so con- structed as not to obstruct the vision of the person operating such car, or to endanger or interfere with its safe manage- ment by the operator. (222) § 5523. Sec. 2. From and after January first, in the year of our Lord, one thousand eight hundred and ninety- six, it shall be unlawful for any such person, partnership or corporation so owning or operating street railways, using steam, electric or cable cars, or any superintending or man- aging officer or agent thereof, to cause or permit to be used upon such line of railway, between said November first and April first of each and every year thereafter, any car or cars upon which the services of any employe, such as is specified in section one of this act, is required, unless said car or cars shall be provided with the enclosure required by section one of this act. (223) § 5524. Sec. 3. Any person, partnership or cor- poration, owning, operating, superintending or managing any such line of street railway, or managing or superintending officer or agent thereof, who shall be found guilty of a viola- tion of the provisions of section one or two of this act, shall be deemed guilty of a misdemeanor, and Upon conviction thereof shall be punished by a fine of not less than fifty dol- lars nor more than one hundred dollars, and in default of payment of the same, by imprisonment in the common jail of the county in which such conviction is had until such fine shall be paid, but for a period not exceeding the term of three months. Each day that any of said person or persons, part- nership, or corporation, cause or permit any of their said em- ployes to operate such cars in violation of the provisions of sections one and two of this act, or cause or permit cars to be used or operated in violation of said section two of this act, shall be deemed a separate offense : Provided, That the pro- visions of this act shall not apply to cars used and known as trailing cars. (224) § 5525. Sec. 4. It is hereby made the duty of the prosecuting attorney of any county in which any such street railway is situated and operated, upon any information given him by any credible person, or upon knowledge that he may possess that any person, partnership or corporation has violated any of the provisions of this act, to promptly prosecute such person, members of such partnership or cor- poration for such violation. Proviso. Unlawful to use cars not properly con- structed. Violation of act a misde- meanor. Penalty. Proviso as to trailing cars. Prosecuting attorney to prosecute. 80 STATE OF MICHIGAN. Machine drills, how operated, etc. Penalty for violation. Penalties, collection and disposition of. Safeguard on corn huskers. An Aot to regulate the operation of power or machine drills in the iron and copper mines in this state, to safeguard persons operating the same, and to provide for the enforcement of the provisions of this act. [Act 220, P. A. 1913.] The People of the State of Michigan enact: (225) Section 1 . It shall be the duty of every person or persons, firm or corporation operating any iron or copper mine within the state of Michigan to so arrange and regulate its system of work underground, that no employe shall be permitted or required to operate any power or machine drill at a distance of more than one hundred and fifty feet in the same drift, stope, opening or working from where another person or persons are regularly and continuously employed. (226) Sec. 2. Any person or persons, firm or corpora- tion, requiring or allowing any miner to operate any power or machine drill in violation of the provisions of section one of this act, shall be liable to a penalty of twenty-five dollars for each and every day any miner shall be so required or allowed to operate said power or machine drill; said penalty to be recovered in an action of debt or assumpsit in the name of the people of the state of Michigan. (227) Sec. 3. It shall be the duty of the prosecuting at- torney of each of the counties of this state and also of the attorney general, in case suit is not brought by the prose- cuting attorney, to sue for, and collect all such penalties; all money collected on account of such penalties shall be paid to the state treasurer. An Act requiring corn huskers to be protected by an automatic feeder or other safety device, and making the sale or use thereof, unless so protected, a misdemeanor. [Act 124, P. A. 1907.] The People of the State of Michigan enact: (228) Section 1. Hereafter it shall be unlawful for any person, partnership, association or corporation, or for any officer or agent thereof, to sell or offer for sale, or to use with- in the state of Michigan, the machine commonly known as a corn liusker, unless the same is safeguarded by an automatic feeder or other safety device, that shall compel the person, or persons, feeding said machine, to stand at a reasonably safe distance from the snapping rollers, and designed effectu- ally to protect the person or persons operating the same from bodily injury while engaged in such operation. Garfield v. Lapham, 173 / 217. LABOR LAWS. 81 (229) Sec. 2. Any person, partnership, association or Penalty for corporation, or officer or agent thereof, who shall be found V10latl0n - guilty of a violation of the provisions of section one of this act, shall be deemed guilty of a misdemeanor and upon con- viction thereof, shall be punished by a fine not exceeding one hundred dollars, or imprisonment not exceeding ninety days, or by both such fine and imprisonment, in the discretion of the court. An Act to prevent accidents by line shafting used on fair grounds or other public places where machinery is running on exhibi- tion. [Act 156, P. A. 1885.] The People of the State of Michigan enact: (230) § 5550. Section 1. That all shafting put up for certain the running of machinery on exhibition in this state, where protected. 0 be the public are invited to assemble, shall be so put up as to prevent any person or persons coming in contact with the same. (231) § 5551. Sec. 2. An}' person or persons using shaft- Penalty for ing as named in section one of this act, who shall refuse or pSance” 1 neglect to comply with the same before setting said shafting in motion for exhibition, shall be guilty of a misdemeanor, and on conviction thereof shall pay a fine not exceeding one hundred dollars and costs of prosecution, or imprisonment in the county jail not exceeding ninety days, or both such fine and imprisonment, in the discretion of the court; and any company, corporation or individual shall also be liable for all damages which shall be sustained by any person by reason of such refusal or neglect. An Act to provide for the reporting of occupational diseases by physicians. [Act 119, P. A. 1911.] The People of the State of Michigan enact: (232) Section 1 . Every physician attending or called up- physicians, on to treat a patient whom he believes to be suffering from duty of - poisoning from lead, phosphorus, arsenic or mercury, or their compounds, or from anthrax, or from compressed air illness, contracted as a result of the nature of the patient’s employ- ment, shall send to the state board of health, who shall transmit to the commissioner of labor a notice stating the 11 82 STATE OF MICHIGAN. Failure to report. Prosecutions. License required. Fee. Expiration. Revocation. Fees, disposi- tion of. name, postoffice address and place of employment of the patient, the length of time of such employment, and the dis- ease from which in the opinion of the physician, the patient is suffering. (233) Sec. 2. Any physician who shall fail to make any report required by the preceding section, or who shall wil- fully make any false statement in such report, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than fifty dollars. (234) Sec. 3. It shall be the duty of the commissioner of labor and of the prosecuting attorney of the county where any one violating the provisions of this act may reside, to prosecute all violations of the provisions of this act which shall come to the knowledge of them or either of them. CHAPTER VI.— PRIVATE EMPLOYMENT AGENCIES. An Act to provide for the licensing, bonding and regulation of pri- vate employment agencies, the limiting of the amount of the fee charged by such agencies, the refunding of such fees in certain cases, the imposing of obligations on persons, firms or corporations which have induced workmen to travel in the hope of securing employment, charging the commissioner of labor with the enforce- ment of this act and empowering him to make rules and regula- tions, and fixing penalties for the violation hereof. [Act 301, P. A. 1913.] The People of the State of Michigan enact: (235) Section 1 . No person, firm or corporation in this state shall open, operate or maintain a private employment agency where a fee is charged to persons seeking employment, without first obtaining a license for the same from the com- missioner of labor, and the fee for such license shall be twenty-five dollars per annum except in cities over two hun- dred thousand population, where it shall be one hundred dol- lars per annum. Every license shall be void after the thirty- first day of December of the year in which it was issued. The form of the license shall be fixed by the commissioner of labor and it shall be non-transferable. The license may be revoked by the commissioner of labor whenever in his judg- ment, after full hearing, the licensed agency shall have violated any of the provisions of this act. The commissioner of labor is hereby charged with the enforcement of the terms of this act and empowered to make such rules or regulations as are consistent with it and aid in its enforcement and he shall direct copies or excerpts of this act to be kept conspicuously posted in every licensed agency. The commissioner of labor shall turn into the state treasury all fees collected under this act. LABOR LAWS. 83 (236) Sec. 2. The commissioner of labor, before granting Surety bond a license, shall require each applicant to furnish a surety bond reqmred ' in the penal sum of one thousand dollars, conditioned that the obligor will not violate any of the provisions of this act. The commissioner of labor is authorized to cause an action to be brought on said bond in the name of the people of the state of Michigan for the violation of any of its conditions. If any person shall be aggrieved because of the violation by such licensed agency of any provision of this act, such person may maintain an action, in his own name, upon the bond of said employment agency in any court having jurisdiction of the amount claimed. (237) Sec. 3. It shall be the duty of every licensed agency Registers to to keep a register in which shall be truthfully entered the be kept - date of application, age, sex, nativity, trade or occupation, name and address of every person who applies for employ- ment at such agency, the amount of the fee charged and the wages to be paid. Such licensed agency shall also keep a register in which shall be truthfully entered the name and address of every person who applies for help at such agency, the place of proposed employment, the nature of the work to be done and the wages offered. (238) Sec. 4. Every licensed agency shall issue a receipt Receipts, to each person seeking employment who has paid a fee, which receipt shall contain the name and address of the agency issuing it, together with all the information regarding the particular transaction hereinbefore required to be entered in both registers of the agency. Such agency shall also issue a receipt to each person seeking employment who has paid a fee for registering in such agency. (239) Sec. 5. The entire fee or fees for the procuring Fee, limit of . of one situation or job and for all expenses, incidental thereto, to be received by any employment agency, from any applicant for employment at any time, whether for registra- tion or other purposes, shall not exceed ten per cent of the first month’s wages. Such ten per cent shall be determined by the monthly rate offered by the applicant for help, regardless of the time during which the applicant for employment re- mains at the employment procured him. Where a registra- Repayment, tion fee is charged, if the applicant, through no fault of his own, does not secure through the employment agency to which the fee has been paid, within one month, the employ- ment applied for, said agency shall repay to said applicant, upon demand, one-half the full amount of the registration fee paid. No registration fee shall exceed the sum of one dollar. (240) Sec. 6. No employment agent or agency shall send Jbufd pro ’ an applicant for employment to an employer who has not 1 1 e applied to such agent or agency for help or labor. Nor shall any licensed agency fraudulently promise or deceive, whether through a false notice or advertisement or other means, any applicant for help or employment with regard to the service to be rendered by such licensed agency and every such agency 84 STATE OF MICHIGAN. Idem. Penalty. Children of certain ages required to attend school. Proviso. Exceptions. shall be liable civilly to any person who is led to expend money uselessly for transportation or other purposes through the misrepresentations or false promises of such agency. (241) Sec. 7. No employment agency or person connected therewith shall direct any person applying for employment to any house of prostitution or immoral resort. No licensed agency shall be conducted in, or in connection with, any place where intoxicating liquors are sold. (242) Sec. 8. Any person who violates or omits to com- ply with any provision of this act, or who interferes in any manner with the commissioner of labor or any of his deputies in its enforcement shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not less than ten nor more than ninety days or b} r both such fine and imprisonment in the discretion of the court. CHAPTER VII.— COMPULSORY EDUCATION. An Act to provide for the compulsory education of children, for penalties for failure to comply with the provisions of this act, and to repeal all acts or parts of acts conflicting with the provisions of the same. [Act 200, P. A. 1905.] The People of the State of Michigan enact: (243) Section 1. Every parent, guardian or other per- son in the state of Michigan, having control and charge of any child between the ages of seven and sixteen years, shall be required to. send such child to the public schools during the entire school year, and such attendance shall be con- tinuous and consecutive for the school year fixed by the dis- trict in which such parent, guardian or other person in parental relation may reside: Provided, That in the follow- ing cases children shall not be required to attend the public schools : (a) Any child who is being taught in a private or paro- chial school such branches as are usually taught in the pub- lic schools to children of corresponding age, or who, upon the completion of the work in such schools, shall present satisfactory evidence to the county commissioner of schools, and in appropriate cases, to the superintendent of schools, that he has completed sufficient work to entitle him to an eighth grade diploma; (b) Any child who has received an eighth grade diploma from the public schools; (c) Any child who is physically unable to attend school. If the truant officer is notified of ithe non-attendance of any LABOR LAWS. 85 child at school, and he shall find the one in parental control claiming that such child is physically unable to attend school, the truant officer may secure a written statement of a com- petent physician, certifying that such child is physically unable to attend school; (d) Children over fourteen years of age whose services are essential to the support of their parents may be excused by the county commissioner of schools or city superintendent of schools from attendance at school, on the recommendation of the board of education of the district in which such chil- dren reside, and said board shall certify to the officers herein mentioned the facts in all such cases ; (e) Children under nine years of age, whose parents do not reside within two and one-half miles, by the nearest traveled road, of some public school : Provided, That if trans- Proviso, portation is furnished for pupils in said district, this ex- emption shall not apply; (f) Any child twelve to fourteen years of age while in at- tendance at confirmation classes conducted for a period of not to exceed five months in either of said years : Provided, Proviso, however, That any child claiming exemption from attending pSmi£ ment school under subdivisions (a) or (b) hereof, shall secure such permit as may be required under the statutes of Mich- igan covering the employment of minors, and shall be regu- larly employed at some lawful work if physically able to do so. Am. 1907, Act 74; 1913, Act 47. The provision of the original act, requiring the compulsory education of children “between and including the ages of seven and fifteen years,” did not require the sending to school of a child between the ages of fifteen and sixteen. — Jackson v. Mason, 145 / 338. The board of supervisors may re- imburse a deputy sheriff for attorney’s fees paid to defend himself against an action of malicious prosecution for arrest on a warrant fair on its face, issued under this act, where the officer acted in good faith and was held not liable. — Messmore v. Kracht, 172 / 120. (244) Sec. 2. The county commissioner of schools in each £°^ y fficer county shall select a person of good moral character to act bmfdfetc cer ’ as truant officer for the county. The person so selected shall file with the county clerk his acceptance and oath of office and a bond in the sum of one thousand dollars, with two sufficient sureties to be approved by the county clerk. The powers, person so selected shall be known as the county truant officer, and he shall have all the powers of a deputy sheriff, and he shall perform the duties of truant officer in all school dis- tricts of the county when directed to do so by the county commissioner of schools, except as hereinafter provided : Pro- Proviso, vided, That in cities having a duly organized police force it Clties ' shall be the duty of the police authorities, at the request of the board of education, to detail one or more members of such police force to perform the duties of the truant officer in such city, but this provision shall not be construed as prohibiting such board of education from appointing any cit- izen not a police officer as truant officer: Provided further, Proviso, That in graded school districts the board of education shall listricts. cho ° 86 STATE OF MICHIGAN. Proviso, U. P. Proviso. Bonds. County truant officer, compensation. How paid. Proviso. School director, duty of. Teacher, duty of. have authority to appoint one or more truant officers and fix the compensation of the same, said compensation to be paid by the district : And Provided further, That in all town- ships of the upper peninsula organized as township unit districts, the board of education of such township shall have authority to appoint one or more truant officers for said township and fix the compensation for such sendee, said com- pensation to be paid from the proper funds of such school district. For all townships of the upper peninsula not or- ganized as township unit districts the county truant officer appointed as herein prescribed shall act: Provided, That if in any graded district or township the board of education does not appoint a truant officer, the county truant officer shall act in such district or township. The truant'officers herein pro- vided for in cities, graded school districts and township unit districts shall give bonds to the board of education in the sum of five hundred dollars, said bonds to be approved by the board of education and filed with said board, and such officers shall have, within their jurisdiction and while in the performance of the duties of truant officer, the powers of the deputy sheriff. The compensation of the county truant officer shall be three dollars per day for every day actually engaged in the discharge of his duties, and actual expenses, and all bills for such sendee shall be certified by the county commis- sioner of schools. In cities, when the board of education ap- points a truant officer other than a police officer, said board shall fix the compensation for such truant officer and pay such officer from the incidental fund. The compensation and actual expenses of the county tmant officer shall be allowed and paid in the same manner as the compensation of other county officers is allowed and paid by the county; and when the police authorities detail one or more members of the force as truant officers, they shall receive such compensation and actual expenses for such service as the board of aldermen or police commission may determine, and be paid from the same fund as the police authorities are usually paid : Pro- vided, That this act shall not be so construed as to affect any existing appointment. Am. 1007, Act 74; 1911, Act 255. (245) Sec. 3. (a) It shall be the duty of the school di- rector of all school districts, except in city, graded and town- ship districts, to provide the teacher, at the commencement of the school, with a copy of the last school census, together with the names and addresses of the persons in parental rela- tion, also address of the county commissioner of schools. The teacher shall, at the opening of school and at such other times as may be necessary, compare said census list with the en- rollment of the school and report to the county commissioner of schools the names of the parents or other persons in parental relation whose children of the ages hereinbefore men- tioned are not in regular attendance at school, also the LABOR LAWS. 87 names of parents or other persons in parental relation who have children of school age not included in such census and who do not attend school; (b) In all city, graded and township districts, the secre- tary of the board of education shall, at the commencement of school, furnish a copy of the last school census to the super- intendent of schools in such city, together with the name and address of the truant officer under whose jurisdiction they act, and it shall be the duty of said superintendent at the opening of school to compare said census list with the en- rollment of the school or schools, and from time to time as it may be necessary report to the proper truant officer the names and addresses of any parents or other persons in parental relation whose children of the ages hereinbefore mentioned are not in regular attendance at the public schools, also names of parents or others in parental relation whose children are not in the school and whose names are not in- cluded in such census; (c) It shall be the duty of the truant officer of the city or district, whenever notified by the teacher, superintendent, or other person or persons of violations of this act, and the county truant officer, when notified by the commissioner of schools, to investigate all such cases of truancy or non-attend- ance at school, and if the children complained of are not exempt from the provisions of this act under the conditions named in section one, then he shall immediately proceed as is provided in section four of. this act: Provided, That it shall be the duty of the county truant officer when requested to do so by the county commissioner of schools to inspect the out- houses in primary districts and order repairs on the same, and in case the district board, after proper notification by the truant officer, fails to have such outhouses put in proper and sanitary condition it shall be the duty of the said truant officer to have such work done at the expense of the district; (d) In case any parent or other person in parental rela- tion shall fail to comply with the provisions of this act, he shall be deemed guilty of a misdemeanor, and shall on convic- tion thereof be fined not less than five dollars nor more than fifty dollars, or imprisoned in the county or city jail for not less than two nor more than ninety days, or both such fine and imprisonment in the discretion of the court. Am. Id. (246) Sec. 4. (a) It shall be the duty of the county com- missioner of schools to furnish the truant officer of the county, at the opening of the schools, with a list of the teachers and superintendents employed in his county in school districts other than in such city graded and township districts as aie described in section two of this act; (b) In case any parent or other person in parental rela- tion shall fail to send the child or children under his or her control to the public school, the truant officer, upon having Secretary of board of education, duty of. Truant officer duty of. Proviso. Penalty for non- compliance. Commissioner of schools, duty of. Notice to parent. 88 STATE OF MICHIGAN. Notice, what to state. Notice to teacher or superin- tendent. Truant officers, duty of. Complaint. Warrant. Conviction. Proviso, recorder’s court. Assistance rendered officer. notice from proper authority of such fact, shall immediately and within twenty-four hours thereafter give formal written notice in person or by registered mail, to the parent or other person in parental relation, that the child or children under his or her control shall present himself or themselves at the public school, except as hereinbefore provided, on the day fol- lowing the receipt of such notice, with the necessary text- books for instruction in the proper school or schools of the district or city. Said notice shall inform the parent or other person in parental relation of the date that attendance must begin and that such attendance at school must be continuous and consecutive during the remainder of the school year as taught in the district. The truant officer shall, at the same time the said formal notice is given to the parent or per- son in parental relation, notify the teacher or superintend- ent or commissioner of the fact of notice, and it shall be the duty of the teacher or superintendent or commissioner to notify the truant officer of failure on the part of the parent or other person in parental relation to comply with said notice ; (c) It shall be the duty of all truant officers, after having given the formal notice hereinbefore described, to determine whether the parent or other person in parental relation has complied with the notice, and in case of failure to so comply he shall immediately and within three days after having knowledge or being notified thereof, make a complaint against said parent or other person in parental relation having the legal charge and control of such child or children, before any justice of the peace in the city, village or township where such party resides, or in an adjoining township or city in such county, for such refusal or neglect to send such child or children to school; and said justice of the peace shall issue a warrant upon said complaint and shall proceed to hear and determine the same in the same manner as is provided by statute for other cases under his jurisdiction, and in case of conviction of any parent or other person in parental rela- tion for violation of this act, said parent or other person in parental relation shall be punished according to the pro- visions of section three of this act: Provided, That in cities having a recorder’s court and justices of the peace, the truant officer shall make the aforesaid complaint before the magis- trate of said recorder’s court or before a justice of the peace, and said magistrate or justice shall issue a warrant and pro- ceed to hear and determine the case in the same manner as is provided in the statute for other cases under his jurisdic- tion ; (d) It shall be the duty of all school officers, superintend ents, teachers or other persons to render such assistance and furnish such information as they may have at their command to aid such truant officer in the performance of his official duty. Am. 1907, Act 74; 1909, Act 63. LABOR LAWS. 89 (247) Sec. 5. In any graded or city district in this state, the school board or officers having in charge the schools of such districts may establish one or more ungraded schools for the instruction of certain children as defined and set forth in the following section. They may, through the truant officer and superintendent of schools, require such children to attend said ungraded schools, or any department of their graded schools, as said board of education may direct. (248) Sec. 6. The following classes of persons between and including the ages of seven and sixteen years residing in graded school districts or cities as described in section five of this act shall be deemed juvenile disorderly persons and shall, in the judgment of the proper school authorities, be as- signed to the ungraded school or schools as provided in section five of this act : Class one, habitual truants from any school in which they are enrolled as pupils; class two, chil- dren, who, while attending any school, are incorrigibly turbu- lent, disobedient or insubordinate, or are vicious and immoral in conduct; class three, children who are not attending any school and who habitually frequent streets and other public places, having no lawful business, employment or occupation. Sec. 7 repeals Act 95 of 1895, being C. L. 1897, §§ 4847-4852. A charge that respondent was a disorderly juvenile offender, in that she neglected and refused to go to school and was a truant and is an unmanage- able child, is insufficient to sustain a conviction (C. L. 1897, § 11765). — People v. Turja, 157/530. An Act to provide for the compulsory education of deaf children. [Act 48, P. A. 1907.] The People of the State of Michigan enact: (249) Section 1. Every parent, guardian or other per- son in the state of Michigan having control or charge of any child or children between the ages of seven and eighteen years, and who by reason of deafness or imperfect hearing cannot be taught successfully in the public schools, shall be required to send such child or children to a day school for the deaf, the Michigan school for the deaf, located at Flint, or to such other school for the deaf as the said parent, guar- dian, or other person in parental control, prefers : Provided, That should the parent, guardian or other person in parental control of said child or children fail to meet the foregoing provision, then such child or children shall be sent to the Michigan school for the deaf, located at Flint. (250) Sec. 2. In cases where such parent, guardian or Other person, on account of their poverty, are unable to furnish such child or children with transportation to and from 'such school, the board of trustees of the Michigan school for the deaf shall furnish such transportation each year, and School boards, may establish ungraded schools. May require attendance. Juvenile disorderly persons, who deemed. When children to be sent to a school for the deaf, j _ Proviso . ' TZ1 Transporta- tion given poor children. 90 STATE OF MICHIGAN. Sums, how paid and where charged. Certain act to apply. the said board of trustees may include therewith transporta- tion for such parent, guardian or other person to said school and return, where the child is under twelve years of age, and for that purpose may issue a certificate directed to the auditor general that said amount is necessary for the benefit of such individuals, Avho shall draw his warrant upon the state treasurer therefor; and anyj such sums are hereby appropriated and shall be paid out of any moneys in the gen- eral fund, not otherwise appropriated, and the auditor gen- eral shall charge all such moneys, so drawn, to the county of which such parent, guardian or other person is a resident, or to which he or she belongs, to be collected and returned to the general fund the same as any state taxes are required to be by law. (251) Sec. 3. Act number two hundred of the public acts of nineteen hundred five, entitled “An act to provide for the compulsory education of children, for penalties for failure to comply with the provisions of this act, and to repeal all acts or parts of acts conflicting with the provisions of the same,” shall apply in the execution of this act, and the officers mentioned in said act shall be required to report all cases of deaf children residing in their jurisdiction to the superintendent of the Michigan school for the deaf, and they shall enforce this act in the same manner as the said act number two hundred of nineteen hundred five is enforced. The same penalties prescribed for violation of said act are hereby prescribed for violation of this act. Penalties. INDEX. INDEX References are to compiler’s sections. A. ABANDONED MINES: map of, to be made precautions, when approaching protection of ABANDONMENT: of mine, duty of owners previous to ABSORBENT COTTON: to be kept on hand in foundries ACCIDENTS: collection of information as to report of, by mine owners liability for, in mines, in certain cases annual report of, by county mine inspector report of, to commissioner AFFIDAVIT: when required for employment permit of parent, required for age certificate of service of order on superintendent, etc., by factory inspector AGE: issue of certificates of AGENT: when order for improvements may be served on AGENTS, SPECIAL: (See Special agents.) ALARM: low water, when required on boiler device for, to be approved by chief factory inspector ALCOHOLIC LIQUORS: certain persons not to be employed where manufactured, etc AMUSEMENT: place of, employment of child in ANIMAL OIL: only pure, to be used for illuminating in coal mines ANNUAL INSPECTION: of workshops, etc report of, to governor ANNUAL REPORT: of commissioner, printing of, authorized to be made to governor to include results of coal mine inspection of coal mine owners to inspector of county mine inspector, contents, filing, etc APARTMENT HOUSES: factory inspectors may order fire escapes on APARTMENTS: regulation of, when used for manufacture of clothing, etc APPOINTMENT: of commissioner of labor and deputy of factory inspectors and assistants of assistants in free employment bureau of inspector of coal mines APPROPRIATION: annual, for department ASSESSORS: when to obtain information for department ASSISTANTS: appointment of, by commissioner to De under control of commissioner ATTENDANCE OF WITNESSES: may be compelled AUDITOR GENERAL: to audit and draw warrant for expenses of annual inspection to draw warrant for expenses of employment bureaus to levy annual tax for department to draw warrants for salary and expenses of mine inspector vouchers for expenses of inspector of steam vessels to be presented to 63 64 109 51 26 2 89 110 114 147 10 11 19 11 23 33 , 34 33 11 10 50 , 67 20 20 4 20 , 137 38 89 114 13 22 1 1 2 36 38 , 56 37 36 36 3, 148 20 36 37 56 140 94 INDEX. References are to compiler’s sections. AUTOMATIC COUPLERS: for safety of railroad employes AUTOMATIC DOORS: to be provided for elevator openings AUTOMATIC FEEDERS: for dbrn huskers AUTOMATIC GATES: at top of shafts in coal mines 216-217 12 228-229 43 B. BANDAGES: to be kept on hand in foundries mine owners to keep in readiness BAPTISM: record of, required for employment permit required for age certificate BARKEEPER: girl or woman not to be permitted to act as BARROOM: girl or woman not to serve liquor, etc., in BASEMENT: when emery wheels, etc., not to be operated in BATTLE CREEK: establishment of free employment bureau in BAY CITY: establishment of free employment bureau in BELTING: safe-guards for, to be provided BELTS: shifters for throwing on or off, to be provided : BENZINE, BENZOLE: carrying of, on steam passenger vessels BILLIARD ROOM: employment of child in BINDING: for department, how done BIRTH RECORD: required for employment permit required for age certificate BLANKETS: mine owners to keep in readiness BLANKS: for department, how furnished for special information to be furnished BLASTING: in coal mines, regulation of BLASTING POWDER: how to be taken in and out of coal mines BLASTS: in coal mines, rules for preparing BLOWERS: emery belts or wheels to be provided with duty to provide rate of speed of BOARD OF HEALTH: when statement of officer of, required for employment permit. . statement of physician of, required for age certificate duty of, with respect to contagious diseases in manufacturing apartments BOARD OF STATE AUDITORS: allowance of mine inspector’s expense bills by to provide quarters for commission of inquiry into wages of females to audit accounts for supplies for commission BOARD OF SUPERVISORS: to appoint temporary inspector of mines to fix compensation of inspectors of mines to audit expense of safeguarding abandoned mines to assess expense against premises BOILER HOUSES: for coal mines, location of BOILER ROOMS: location and construction of, at coal mines BOILERS: low water alarms for inspection of BOND: to be given by applicant for license for private employment agency action on, for violation : BOOMS OR DRIVES: legal day’s work on BOWLING ALLEY: employment of child in BRAKEMEN: limit of work of extra hours labor by payment for extra labor by provisions for safety of 26 90 10 11 25 25 31 35 35 15 15 132 11 4 10 11 90 4 5 94 88 49 27 30 30 10 11 22 56 198 199 103 108 109 109 46 71 33,34 33 236 236 177 10 182 183 184 218-220 INDEX. 95 References are to compiler’s sections. BRATTICES: in coal mines, regulation of 42, 66 BREAKTHROUGHS : in coal mines, regulation of 42, 66 BREWED LIQUORS: (See “intoxicating liquors.”) BREWERY: certain persons not to be employed in 11 BUFFERS: operation of , in basement 31 BUFFS: cotton wheels used as, to be provided with blowers 27 BURLESQUE SHOW: employment of child in 11 BURNING FLUIDS: carrying of, on passenger steamers 132 C. CABLES: of elevators, to be inspected annually CAGES: in coal mines, only competent engineers to operate . . how constructed restriction of riding on for hoisting and lowering men, regulation, etc CAMPHENE: carrying of, on passenger vessels CANNING ESTABLISHMENTS: hours of labor in CANVASSERS, SPECIAL: (See special canvassers.) CAPITOL BUILDING: doors of, to open outward CERTIFICATES: of age, how signed contents of conditions of issue of of inspection of steam vessels of inspection of hotel CHECK WEIGHMAN : employes of coal mine may name how sworn and paid CHEMICAL FIRE EXTINGUISHERS: hotels to be provided with CHIEF FACTORY INSPECTOR: commissioner to be authority of, to seize certain infected articles when to report to state board of health may order low water alarm on boilers to approve device for CHILD: employment of, in manufacturing establishment in delivery of messages, etc in theater, etc in mercantile institution, etc conditions of CHILDREN perm * tting un ^ aw ^ u ^ employment of how may be employed in theatrical companies act to provide for compulsory education of deaf, compulsory education of CITY OFFICERS: to furnish information to department CLOTHING ESTABLISHMENT: hours of employment in COAL MINES: inspection of inspector of, appointment of duty of authority of inspector to enter only competent engineers to operate cages in stock of timber to be kept on hand in mode of ventilation of regulation of doors in closing of entry breakthroughs in certain, to be examined every morning dangerous accumulations of gas in, how determined. . inspection and regulation of shafts in regulation of hoisting shafts in examination of cages, catches, etc., in lights at top and bottom of shafts in escapement shafts in escapement outlet from, to other mines location of boiler houses for hoisting engines, equipments of how hoisting cables secured to drums 12 39 44 44 85 132 9 13 11 11 11 118 163 40, 62 40, 62 154 18 22 22 33,34 33 9 9 10, 11 10 10 54 11 243-248 249-251 5 9 38 38, 56 38 39, 58 39, 86 41,91 41, 65 42, 66 42, 66 42, 66 42 43 44 44 45, 80 45 46 46 46 47 96 INDEX. References are to compiler’s sections. COAL MINES— Continued. hoisting signals in testing of weights, measures and scales in foreman or assistant to visit each working place twice weekly . safety hooks to be used on buckets in precautions for handling powder in rules for preparing blasts in illuminating oil to be used in inspection of oils used in . penalty for use of illegal oil in duty of owners, when abandoning operation of , near abandoned ones use of parts of, as water closet use of dynamite, etc., in protection of health and safety of employes in definition of terms used in inspector not to be interested in police powers of inspector of when may be closed by inspector repairing and re-opening of when inspector may enter and inspect free access to be allowed to result of inspection of, how posted copies of inspection of, to be furnished to mine office weighmen in, to be sworn check weighman, how named and paid maps or plans of, by whom and how made, copies, etc extensions of, to be entered on maps when inspector may order survey of workings of precautions, when approaching abandoned workings of regulation of wiring for electricity in use of gasoline engines, etc., in, regulated limit or supply of gasoline in when and where hand fire extinguishers required in location and construction of boiler and engine rooms at erection of inflammable buildings at where explosives not to be stored at when and where washhouses to be constructed at escape shafts or ways in, construction, ventilation, etc ways around hoisting shafts in location, construction and regulation of stables in places of refuge, signals, lights, etc means of communication in shafts of safety in hoisting men in how explosives to be taken in or out of annual report of owners of, to inspector report of accidents in stretchers, blankets and bandages to be kept ready duties of mine foreman or pit boss of precautions to be taken in regulation of blasting in employes of, not to ride on loaded cars no one to go about, under influence of intoxicants no one to nave intoxicants in or about roof of, to be securely propped props or caps in, not to be wasted disposition of unsuitable material in fraudulent practices in, prohibited penalty for violation of regulations as to COAL OIL: carrying of, on passenger vessels CODE OF SIGNALS: for hoisting coal and men in mines how to be displayed to be placed before engineers COMMISSION: for inspection and regulation of hotels # of inquiry into question of wages for females . appointment of members of, to serve without pay payment of expenses of duties and powers of report of, to legislature organization and place of meeting of purchase of supplies for COMMISSIONER OF INSURANCE: (see insurance commissioner.) COMMISSIONER OF LABOR: appointment, title, term and deputy of to keep office in Lansing may appoint factory inspectors and assistants appointment of special agents by authority of, to make inspections publication of statistics by compensation and expenses of printing of annual report of 47 48 , 60 , 61 48 48 49 49 50 , 67 , 68 50 50 51 51 52, 100 53 55-101 55 56 57 57 57 58 58 59 59 62 62 63 63 63 64 69 70 70 70 71 72 72 73 74-79 81 82 83 84 85 88 89 89 90 92 93 94 95 96 96 97 98 98 99 101 132 47 47 86 , 87 159 194-200 194 195 195 196 197 198 199 1 1 1 2 2 2 4 4 INDEX. 97 References are to compiler’s sections. COMMISSIONER OF LABOR— Continued. collection of information under direction of 5 supervisors and assessors to return certain information to 6 authority of, to enter factories, etc 7 penalty for refusal or false testimony before 8 to furnish copies of law to be posted 9 age certificates to be issued under direction of 11 to be chief factory inspector 18 deputy factory inspectors to report to 18, 19 to make annual inspection of factories, etc 20 to have direction and control of inspectors 20 when to present report to governor 20 prosecutions upon complaint of 21 may order hair-picking machines provided 32 to organize and control free employment bureaus 35 to secure co-operation of employers 35 may advertise in newspapers, etc 35 may appoint assistants for employment bureaus 36 assistants to be under control of 36 appointment by, of inspector of coal mines 38 results of mine inspection to be reported to 38 annual report of, to include coal mine inspection 38 to commission coal mine inspector 39 appointment of inspector of coal mines by 56 to approve expense bills of inspector of mines 56 maps of mines to remain in custody of 63 to be furnished copy of annual report of county mine inspectors 114 charged with administration of steam vessel act 115 to employ inspector of steam vessels 115 to have supervision of inspector. 115 when and how to inspect steam vessels 116 to fix number of passengers to be carried 116 to test boilers of steam vessels 117 to give certificate of inspection of vessel 118 to give reasons for refusing certificate 118 to require provisions against fire 120 may make special rules for navigating steam vessels 122 when may prescribe extra boats for passenger vessels 125 to see that vessels are provided with life preservers, etc 126 authority of, as to safety valves of steam vessels 127 when may examine and license masters, etc., of steam passenger vessels 128 when may revoke license of master, etc 128 may prescribe place for name of steam vessel 130 may prescribe how to receive and discharge passengers 131 to approve regulations for receiving and discharging passengers 131 to approve protection of petroleum carried as fuel on steam vessels 132 annual report of, to governor, contents, etc 137 may make temporary provision for unlicensed officer of passenger vessel 138 to fix inspection fee for steam vessel 139 to account for fees 139 to procure instruments, etc., for inspectors of steam vessels 144 report of accidents to 147 may review refusal or revocation of license by inspector of steam vessels 150 certification to witness fees by 151 member of commission to enforce act relative to hotels 159 notice to, of occupational disease reported 232 to prosecute for failure to report occupational disease 234 powers and duties of,' as to private employment agencies 235-242 to issue license for 235 to fix form of license 235 when may revoke license 235 to turn license fees into treasury 235 to require bond of applicant for license for employment agency 236 when may bring action on bond 236 penalty for interference with, in certain cases 242 COMMON CARRIER RAILROAD COMPANIES: liability of, to employes 170-176 for damages resulting from negligence 170 contributory negligence of employe of, when not bar to recovery 171 when employe of, not deemed guilty of contributory negligence or to have assumed risk . . 171 certain contracts not to bar recovery of damages against 173 limitation of actions against 174 duty of, not limited by act 175 employes of, in shops or offices, not included in act 176 COMPENSATION: of commissioner and deputy 4 of factory inspectors, assistants 4 how audited and paid 4 of assistants, etc., limit of 4 of assistants for employment bureaus, how paid 36 of coal mine inspector 38 of county inspectors of mines, how fixed 108 of inspector of steam vessels, how paid 140 COMPULSORY EDUCATION: of children, act to provide for 243-248 of deaf children, act to provide for 249-251 13 98 INDEX. References are to compiler’s sections. CONCERT HALL: employment of child in CONDUCTORS: limit of work of extra hours’ labor of payment for extra labor by CONSTABLE: when to inspect factory or workshop CONTAGIOUS DISEASES: in manufacturing apartments, report of seizure and examination of infected articles CONTRIBUTORY NEGLIGENCE: of employe, when not bar to recovery when employe not held to be guilty of CORN HUSKERS: safety devices for CORRUPT INFLUENCING: of employes, etc., prohibited CORUNDUM: wheels or belts coated with, to be provided with blowers COTTON WHEELS: used as buffs, to be provided with blowers COUNTY COMMISSIONER OF SCHOOLS: when may issue permit to employ child under 16 COUNTY INSPECTORS OF MINES: election, powers and duties of COUNTY OFFICERS: to furnish information to department CURTAINS: use of, in coal mines 10 182 183 184 31 22 22 171 171 228-229 210 27 27 10 102-114 5 66 DAIRY AND FOOD COMMISSIONER: member of commission to enforce hotel act 159 DANCE HALL: employment of child in 11 DANCING: girl or woman not to furnish music for, in saloon 25 DAY’S LABOR: by employes of railroads 182-185 limit of continuous work of certain employes 182 ten hours to constitute 188 payment for labor in excess of 183, 184 DAY’S WORK: for certain males and females 9 (See “legal day’s work.”) DEAF CHILDREN: act for compulsory education of 249-251 DEFINITIONS: of terms used in mine 55 of “hotel” 152 of “railroad company” 172 DEPARTMENT OF LABOR: organization, powers and duties 1-54 appointment and term of commissioner and deputy 1 deputy factory inspectors and assistants for 1 general duties of 2 special agents of 2 inspections by 2 authority of, to visit places 2 not to publish individual statistics 2 to publish statistics in aggregates, etc 2 may subpoena and examine witnesses 3 limit of salaries and expenses of 4 printing of annual report of 4 printing, binding, etc., how done for 4 collection of information by 5 supervisors and assessors to return information to 6 annual appropriation for i 37 DEPUTY COMMISSIONER OF LABOR: appointment and term of 1 authority of, to enter factories, etc 7 to be factory inspector 18 may make annual inspection of factories, etc 20 may order hair-picking machines provided 32 when inspector of steam vessels deemed to be 141 DEPUTY FACTORY INSPECTORS: appointment of 1 authority of, to enter factories, etc 7 to inspect elevator gearings annually 12 to be factory inspectors 18 two to be women 18 to report to commissioner 18,19 authorized to administer oaths 19 INDEX. 99 References are to compiler’s sections. DEPUTY FACTORY INSPECTORS— Continued. may make annual inspection of factories, etc 20 report to, of contagious diseases in manufacturing apartments 22 authority of, to seize certain infected 22 may order hair-picking machines provided 32 (See also “factory inspectors.”) DEPUTY INSPECTORS: (See “hotel inspectors.”) DEPUTY INSPECTORS OF MINES: appointment and duties of 107 compensation of, how fixed 108 not to divulge name of partjr notifying, to inspect mine 113 (See also “inspectors of mines.”) DETROIT: free employment bureau to be established in 35 DISTILLERY: certain persons not to be employed in 11 DOORS: of certain buildings, to open outward 13 outside, of manufacturing establishments, to swing out and be unlocked 14 set on mine entries, regulation of 42 in coal mines, regulation of 66 DRAINAGE: sanitary, of hotels 156 DRESSING ROOMS: certain institutions to be provided with 17 factory inspectors may order installment of 23 DRESSMAKING ESTABLISHMENT: hours of employment in 9 DUST: when devices to be provided for carrying off 16, 27, 32 DWELLING HOUSE: no room in, to be used for manufacture of clothing, etc 22 DYNAMITE: use of, in coal mines regulated 53 E. EARTH CLOSETS: to be provided for employes 17 ECONOMIC QUESTIONS: collection of statistics relating to 39 ELECTRIC LAUNCHES: inspection of 117 must comply with act 138 penalty for navigating, without complying 138 ELECTRIC WIRING: regulation of, in coal mines 69 ELEVATOR OPENINGS: automatic doors or gates for 12 ELEVATORS: employment of child in 10 cables, gearing, etc., of, to be inspected annually 12 condemnation of, if unsafe 12 factory inspectors empowered to order repair of 23 EMERY WHEELS OR BELTS: fans or blowers to be provided for 16. 27 solid, use of, in wood-working establishments 27 to be fitted with hood or hopper 28 to be provided with suction pipes 29 when not to be operated in basement 31 no female to be employed to operate 31 EMPLOYERS: refusal of, to allow inspectors to enter, etc 7 to keep certain section of law posted 9 when may employ child under 16 10, 11 liability of 10 of female help, to provide seats 24 EMPLOYERS AND EMPLOYES: duties and liabilities of, in certain cases 167-169 written contracts between, when required 167 consent to employment of child 167 penalty for misrepresentations 167 penalty for fraudulently receiving transportation to place of labor 168 penalty for violation of act 169 payment of wages in case of disagreement between 190 special contract between, not to affect payment of wages 191 penalty for failure to pay wages according to law. 192 protection of toilers against unjust demands 202-205 obstruction or annoyance of, because of membership in militia 206-209 corrupt influencing of agents, employes, etc 210 water closets for workmen on buildings 211-212 EMPLOYES: collection of information as to 2 in coal mines, provisions for health and safety of 55-101 of coal mines, may name check weighman 62 100 INDEX. References are to compiler’s sections. EMPLOYES— Continued. in coal mine, not to ride on loaded cars use of part of mine excavations by, as water closet liability of common carriers to liability to, for negligence, etc when contributory negligence of, not bar to recovery when not deemed guilty of contributory negligence when not deemed to have assumed risk of employment certain contracts by, not to bar recovery of damages limitation of actions by, against common carrier companies rights of, not impaired by common carrier act in shops or offices not included on railroads, day’s labor of act providing for semi-monthly payment of wages to payment of wages of, when leaving corrupt influencing of, prohibited on railroad trains, protection of on railroads, automatic couplers for safety of provisions for safety of brakemen on railroads of street railway companies, protection of, from weather EMPLOYMENT AGENCIES: (See “private employment agencies.”) EMPLOYMENT BUREAUS, FREE: (See “free employment bureaus.”) ENGINE ROOMS: location and construction of, at coal mines ENGINEERS: only competent, to operate cages in mines duties of of steam passenger vessel, license of penalty for acting as, without license revocation of license of duty of, as to steam pressure penalty for violation Dy temporary action as, without license penalty for alteration of license by flashing light into eyes of, prohibited on railroads, limit of work of extra hours’ labor, in emergency payment for extra labor by ENTRANCES: to foundries, how constructed ESCAPEMENT OUTLET: by underground communication between coal mines ESCAPEMENT SHAFTS: to be provided in coal mines construction and equipment of weekly examination of removal of obstructions from EXHAUST FANS: when to be provided for emery wheels when required in foundries EXPENSES: of commissioner and deputy how audited and paid limit of of annual inspection, how paid of inspector of mines, how paid of inspector of coal mines, now paid of protecting abandoned mines, how paid of inspector of steam vessels, how paid of commission of inquiry into wages of females EXPLOSIVES: use of, in coal mines, regulated where not to be stored at coal mines how to be carried in and out of coal mine carrying of, on steam passenger vessels 95 100 170-176 170 171 171 171 173 174 175 176 182-185 190-193 190 210 213-215 216-217 218-220 221-224 39, 86 86 128 128 128 133 133. 134 138 142 145 182 183 184 26 46 45 45, 74-70 45 45 16 26 4 4 4 20 38 56 109 140 195 53 73 88 132 F. FACTORIES: authority of commissioner to enter who not to be employed in employment of child in owner of, to provide belt shifters and safe-guards inspection of blowers for emery wheels in certain to be provided with hair-picking machines legal day’s work in FACTORY INSPECTORS: appointment of compensation and expenses of authority of, to enter factories register of child employes and permits to be produced on demand of to inspect elevator gearings annually power of, to condemn unsafe schoolhouses 7 9 10 15 20, 31 28, 29, 30 32 1 4 7. 18 10 12 13 INDEX- 101 References are to compiler’s sections. FACTORY INSPECTORS— Continued. authority of, to order fire escapes 13 to give notice of required fire escapes 13 may require stairways in manufacturing establishments 14 may require safe guarding of gearing, etc 15 may require exhaust fans to carry off dust 16 chief, commissioner to be 18 two to be women 18 power of, to visit and inspect factories, etc 18 to report to commissioner 18, 19 to enforce provisions of law 18 to serve copy of order on superintendent, etc 19 authorized to administer oaths 19 prosecutions upon complaint of 21 approval by, of complaints by citizens 21 granting by, of permit to manufacture clothing, etc., in apartment 22 when may revoke permit 22 register of apartment work to be produced for inspection by 22 authority of, to order improvements 23 to enforce regulations for foundries 26 may require clothes-drying facilities in foundries 26 when to inspect factory or workshop 31 to prescribe conditions of use of emery wheels, etc., in basements 31 may order hair-picking machines 32 chief, may require low water alarm on boiler 33, 34 to approve device 33 FALSE STATEMENT: for employment permit 10 FALSE TESTIMONY: before commissioner, penalty for 8 FANS OR BLOWERS: emery wheels, or belts to be provided with 27 duty to provide 30 rate of speed of 30 FEES: of witnesses subpoenaed 3, 151 not to be charged for permit to employ child 10 for license of officer of steam vessel 139 for inspection of steam vessel 139 commissioner to account for 139 penalty for receiving illegal 143 for license of private employment agency, disposition of, etc 235 chargeable by licensed employment agency, regulation of 239 FEMALES: not to be kept unnecessarily standing 11 certain, not to be allowed to clean machinery in motion 11 not to be employed in certain places 11 hours of employment of, in factories, etc 12 where employed, stairs to be screened 14 sanitary arrangements of places where employed 17 heating and ventilation of rooms for, in hotels 17 suitable seats to be provided for 24 not to be employed to operate emery wheels, etc 31 penalty for permitting unlawful employment of 54 commission of inquiry into question of wages of 194-200 FERMENTED LIQUORS: (See “intoxicating liquors.”) FERRY BOATS: how equipped with row boats 125 FIRE ESCAPES: authority of factory inspectors to order 13 how to be constructed 13 how hotels to be equipped with 153 FIRE EXTINGUISHERS: when and where required in coal mines 70 chemical, hotels to be provided with 154 FIREMEN: on railroads, limit of work of 182 extra hours of labor by 183,184 FIRE PLACES: open, use of, in foundries 26 FIRE PUMP: certain vessels to be provided with 124 FLINT: establishment of free employment bureau in 35 FOUNDRIES: regulations for construction and operation of 26 what deemed to be 26 FREE EMPLOYMENT BUREAUS: where to be established 35 how designated 35 organization and control of 35 no fee to be charged by 35 advertisement for 35 appointment of assistants for 36 payment of expenses of 36 FRUIT CANNING ESTABLISHMENTS: hours of labor in 9 102 INDEX. References are to compiler’s sections. G. GANGWAYS: on passenger vessels, regulation of 121 GAS: dangerous accumulation of, in coal mines, how determined 42 GASOLINE ENGINES: regulations for use of, in coal mines 70 GASOLINE LAUNCHES: inspection of 117 must comply with act 138 penalty for navigating, without complying 138 GAUGE COCKS: on steam boilers, inspection of 117 GEARING: of elevators, to inspect annually 12 to be provided with safeguards 15 GIRL: not to be permitted to act as barkeeper, etc 25 GOVERNOR: authorized to appoint commissioner of labor 1 department of labor to present statistics to, etc 2 commissioner to make yearly report to 20 approval by, ot appointment of inspector of coal mines 56 to fill vacancies in office of county inspector of mines 105 annual report of commissioner to, contents, etc 137 GRAND RAPIDS: establishment of free employment bureau in 35 GRINDING MACHINES: when need not be provided with blowers 27 GRINDSTONES: when to be provided with exhaust fans 16 H. HAIR-PICKING MACHINES: certain factories to be provided with 32 HALLS: factory inspectors may order fire escapes in 13 HAMMER TEST: for boilers, may be made 117 HAND FIRE EXTINGUISHERS: when and where required in coal mines 70 HAND RAILS: to be provided on stairways in manufacturing establishments 14 HAY: loose, carrying of, on passenger steamboats 132 HEALTH OFFICERS: duty of, with respect to contagious diseases in manufacturing apartments 22 HOISTING APPARATUS: in escape shafts of coal mines, how constructed, etc 77 HOISTING CABLES: how secured to drums 47 HOISTING CAGES: for men, regulation and safety of 85 HOISTING DEVICES: in mines, only competent engineers to operate 39 HOISTING ENGINES: equipment of 46 HOISTING SHAFTS: to be enclosed and secured 12 how to be equipped 44 traveling ways around 81 HOOD OR HOPPER: emery wheel to be provided with 28 HOT WATER: for washing purposes in foundries : 26 HOTEL INSPECTORS: who to be 160 duties of 161 power of, to enter hotels 162 when to issue certificate of inspection 163 penalty for false certification by 164 penalty for hindrance of 165 to make complaint for violation of act 166 HOTELS: general authority to inspect 2 authority of commissioner to enter employment of child in 10 protection of elevator openings in 12 factory inspectors may order fire escapes on 13 how to be provided with wash rooms, closets, etc., for employes 17 heating and ventilation of sleeping rooms for female help 17 annual inspection of 20 act relating to conduct of 152-166 definition of 152 how to be equipped with fire escapes 153 to be provided with chemical fire extinguishers 154 INDEX. 103 References are to compiler’s sections. HOTELS— Continued. when bedrooms of, to be provided with ropes sanitary regulations for towels, sheets, blankets, etc penalty for failure to comply with regulations for commission to enforce act relative to inspectors of inspection of power of inspector to enter certificate of inspection of false certification of inspection of prosecution for carrying on, in violation of law HOURS OF LABOR: collection of information as to HYDROSTATIC TEST: for boilers, how applied 155 156 157 158 159 160 161-163 162 163 164 166 2,7,39 117 I. ILLUMINATING OIL: use of, in coal mines 50, 67 INCLEMENCY OF WEATHER: protection of street railway employes from 221-224 INDUSTRIAL QUESTIONS: collection of statistics relating to 39^ INFECTIOUS DISEASES: in manufacturing apartments, report of 22' seizure and examination of infected articles 22? INFLAMMABLE BUILDINGS: erection of, at coal mines 72' INN: deemed hotel 152 INSPECTION: general powers of 2 of stationary steam boilers 33 of coal mines, act to provide for 38, 55-101 of illuminating oils for mines 50 daily, of appliances in coal mine shafts 84 of working places by mine foreman 92 of mines, manner of 109 of steam vessels, how and by whom conducted ] 16 of hotels 161-163 INSPECTORS OF COAL MINES: appointment of 38, 56 duty of 38 compensation and expenses of 38, 56 power of, to enter coal mines, etc 39, 58 to inspect shafts, etc 43 duty of, to examine record of daily cage examinations 44 empowered to test scales in mines 48, 60 to have access to appliances for weighing of coal 48 power of, to inspect illuminating oils of coal mines 50 when map of underground workings of mine to be filed with 51 to be notified of operations near abandoned mine 51 not to be interested in mines or miners’ organization 56 police powers of 57 when may stop operation of coal mine 57 allowance by, of time for repairs 57 when may allow mine to re-open 57 when may enter and inspect mines 58 to be allowed free access 58 to post and furnish results of inspection 59 to inspect mines four times annually 59 duty of, to test weights, etc 60, 61 to be furnished copies of maps of mines 63 when may order survey of mine workings 63 consent of, required for use of curtains in 66 to approve method of inspection of coal mine shafts 84 annual report of mine owners to 89 monthly report of mine foreman to, and action thereon 92 INSPECTOR OF OIL: to visit coal mines four times yearly 50 to test oils used for illuminating purposes 50 INSPECTOR OF STEAM VESSELS: employment and qualifications of 115 may prescribe buckets, etc., to be carried by vessels 126 authority of, as to safety valves 127 to prescribe regulations for receiving and discharging passengers 131 commissioner to fix inspection fees for use of 139 compensation and expenses of 140 when deemed deputy commissioner 141 penalty for receiving illegal fees, etc 143 instruments, etc., for, how procured 144 penalty for certifying falsely 146 to investigate violations of act 148 power of, to subpoena witnesses, etc 148 review of refusal or revocation of license by 150 certification to witness fees by 15 1 104 INDEX. References are to compiler’s sections. INSPECTOR OF WEIGHTS: coal mine inspector to be duty of INSPECTORS, FACTORY: (See factory inspectors.) INSPECTORS OF HOTELS: (See "hotel inspectors.”) INSPECTORS OF MINES: election of, in certain counties qualifications of temporary appointment of, by supervisors terms of office of vacancies in office of bonds of, approval and filing of appointment of deputies by compensation of, how fixed general duties of how often to inspect mines when may order miners to quit work may order safeguards how to protect idle or abandoned mines liability for allowing work in places condemned by to be furnished with maps, plans, etc., of mines to be furnished with persons and appliances salaries and mileage of, how paid to make inspection of mine on notice not to reveal name of party giving notice to inspect mine to file annual report with county clerk to furnish commissioner of labor with copy of report contents of report of INSURANCE COMMISSIONER: member of commission to enforce hotel act INTOXICANTS: no person to go about mine under influence of no one to have, in or about mines INTOXICATING LIQUORS: child not to be employed where sold girl or woman not to furnish music where sold employment agency not to be conducted where sold 60 60, 61 102 102 103 104 10.5 106 107 108 109 109 109 109 109 110 111 111 112 113 113 114 114 114 159 96 96 10 25 241 J. JACKSON: establishment of free employment bureau in JUDGE OF PROBATE: when may issue permit to employ child under 16. KALAMAZOO: establishment of free employment bureau in K. 35 10 35 L. LABOR AND MATERIALS: act to secure payment for, on public buildings, etc 186-189 LABOR DEPART M E N T : (See department of labor.) LABORERS: protection of rights of 201 LANDINGS: at top of shafts in coal mines, regulation of 43 LAUNCHES: inspection of 117 penalty for navigating without complying with law 138 LAUNDRY: hours of labor in 9 employment of child in 10 LEGAL DAY’S WORK: violation of act as to 179 disposition of fines recovered 180 not to apply to domestic or farm laborers 181 what constitutes, in factories, etc 177-181 construction of contracts 178 LIABILITY: of employer in employment of child under 16 10 of mine owners for accidents in certain cases 110 LICENSE: of masters, pilots and engineers of steam passenger vessels 128 to be framed and posted conspicuously 128 penalty for acting without 128 revocation of, by commissioner 128 temporary navigation of vessel without 138 of officers of steam vessels, fee for 139 penalty for change of, by master, etc 142 right to be heard before revocation of 149 refusal to issue, examination of, by commissioner 150 for private employment agency 235 fee for, form of, expiration and revocation of 235 INDEX. 105 References are to compiler’s sections. LIFE PRESERVERS: required to be carried by steam vessels LIGHTS: at top and bottom of shafts arrangement of, at coal mine shafts on cars moved by machinery, in coal mines to be displayed by Steamboats, etc LIME WATER: to be kept on hand in foundries LINE SHAFTING: prevention of accidents from LIQUOR: girl or woman not to be permitted to serve, in saloon . (See “intoxicating liquors.”) LOGGING CAMPS: legal day’s work in LOOSE HAY: carrying of, on passenger vessels LOOSE PULLEYS: machinery* to be provided with, if possible LOW WATER ALARM: when may be required for boiler approval of, by chief factory inspector LUBRICATING OIL: storage and use of, in coal mines LUMBER CAMPS: legal day’s work in 126 45 80 83 123 26 230-231 25 177 132 15 33,34 33 68 177 M. MACHINE DRILLS: regulation of operation of 225-227 MACHINERY: in motion, certain persons not to clean 11 MALES: hours of employment of, in factories, etc 9 certain, not to clean machinery in motion 11 not to be employed in certain places 11 MALT LIQUORS: certain persons not to be employed where manufactured, etc 11 (See “ intoxicating liquors.”) MANUFACTORIES: seats in, to be provided for females 24 MANUFACTURING ESTABLISHMENTS: general authority to inspect 2 individual statistics of, not to be published 2 employment of child in 9,10 owner of, to protect hoisting shafts, elevators, etc 12 factory inspectors may order fire escapes on 13 what stairways to be provided in 14 how to be provided with wash rooms, closets, etc 17 annual inspection of 20 MAP WORK: for department, how furnished 4 MAPS: of underground workings of mine, when to be made 51 of coal mine, how and by whom made, copies, etc 63 open to examination in office of commissioner ' 63 extensions to be entered on • 63 of mines, etc., to be furnished county inspector Ill MASTER: of steam passenger vessel, license of 128 penalty for acting as, without license . 128 revocation of license of 128 duty of, as to steam pressure 133 penalty for violation Dy 133, 134 steamboat owner responsible for good conduct of 135 to keep in conspicuous place parts of act regulating steam vessels. 136 temporary action of, without license 138 penalty for change of license by 142 flashing light into eyes of, prohibited 145 MATTRESS ESTABLISHMENTS: to be provided with hair-picking machines - 32 MEASURES: used at coal mines, how tested 60, 61 MECHANICS: protection of rights of 201 MERCANTILE ESTABLISHMENT: hours of employment in 9 MERCANTILE INSTITUTION: employment of child in 10 MERCHANDISE: employment of child in delivery of 9 MESSAGES: employment of child in delivery of 9 106 INDEX. References are to compiler’s sections. MESSENGER SERVICE: employment of child in MILEAGE: how allowed and paid to county mine inspectors MILITIA: obstruction or annoyance on account of membership in MILL: hours of employment in MILLINERY ESTABLISHMENT: hours of employment in MINE FOREMAN: duties of orders of, relative to propping roof, to be obeyed MINES: employment of child in election and duties of inspectors of, in counties how often to be inspected manner of inspection of dangerous conditions in when safeguards may be ordered in protection of idle or abandoned liability for accidents in, when not safeguarded maps, plans, etc., of, to be furnished to inspector penalty for refusal to comply with provisions for inspection of . inspection of, upon notice legal day’s work in MINORS: permit for employment of, how obtained . . . MOVING PICTURE SHOW: employment of child in MUSIC: girl or woman not to furnish, in saloon .... MUSIC HALL: employment of child in MUSKEGON: establishment of free employment bureau in 9, 10 112 206-209 9 9 92 97 9, 10 109 109 109 109 109 109 110 111 111 113 177 243 11 25 11 35 NAPHTHA: carrying of, on passenger vessels NAPHTHA LAUNCHES: inspection of must comply with act •penalty for navigating, without complying NINE HOURS: N. average of, day’s work for certain persons NITROGLYCERINE: carrying of, on passenger vessels NON-RESIDENT: order for improvements to be served on agent or tenant of NOTICE: to be given of fire escapes ordered of dangerous condition of mine to protect idle or abandoned mines of necessity of services of mine inspector of occupational disease to be given commissioner 132 117 138 138 132 23 13 109 109 113 232 O. OATHS: factory inspectors and special canvassers authorized to administer 19 OCCUPATIONAL DISEASES: report of, by physicians 232-234 OFFICE: commissioner of labor to keep, in Lansing 1 OFFICE BUILDINGS: factory inspectors may order fire escapes on 13 OFFICES: employment of child in 10 seats in, to be provided for females 24 OIL: to be used in coal mines 67 to be used in lamps of passenger vessel 129 OPEN FIRE PLACES: use of, in foundries 26 ORDER: service of copy of, on superintendent, etc., of factory, etc 19 for installment of improvements, how served 23 P. PARENTS: when affidavit of, required for employment permit 10 affidavit of, may be required for age certificate 11 INDEX. 107 References are to compiler’s sections. PASSAGE WAYS: in foundries, construction and regulation of 26 around bottom of shafts in coal mines 43 PASSPORT: required for employment permit 10 required for issue of age certificate 11 PENAL INSTITUTIONS: officers of, to furnish information to department 5 PENALTY: for failure of witness to appear and testify 3 for refusal to give information to commissioner, etc 7 for refusal or false testimony before commissioner 8 for false statements, etc., to procure employment permit . 10 for failure to erect fire escape ordered 13 for using illegal oil for illuminating purposes in mines 50 for violating regulations as to use of explosives in mines 53 for interference with factory inspector 54 for permitting child or female to be illegally employed 54 for violation of provisions of act creating labor department 54 for sale or use of oil unsuitable for use in coal mines 67 for violating act for inspection and regulation of coal mines 101 for refusal to comply with provisions for inspection of mines Ill for divulging name of party giving notice to inspect mine 113 for loading safety valve, etc., of steam vessel 127 for acting as master, pilot or engineer without license 128 for violation of regulation of steam pressure on passenger boats 133 for violation of act regulating steam vessels 134 incurred by master of steam vessel, when payable by owner 135 for change or erasure in license, by master, etc 142 for receipt of illegal fees by inspector of steam vessels 143 for flashing light into eyes of officers of steam vessel 145 for false certificate by inspector of steam vessels 14fi for failure to comply with regulations for hotels 158 for false certification of hotel inspection 164 for obstructing, etc., hotel inspector 165 for misrepresentations as to work apart from home locality 167 for fraudulently receiving transportation to place of work away from home locality 168 for violation of act relative to contracts for work away from home locality 169 for violation of act making ten hours legal day’s work 179 for violation of act as to day’s labor on railroads 185 for failure to pay wages according to law 192 for unlawful interference with laborers 201 for violation of act to protect toilers against unjust demands 205 for annoyance or obstruction of employes in militia 209 for corrupt influencing of employes, etc 210 for failure to provide water closets for workmen on buildings 212 for refusal to comply with act to protect employes on railroad trains 215 for failure to provide automatic couplers on cars 217 for failure to provide safety guards for brakemen 220 for failure of street railway companies to protect employes from weather 223 for violation of act regulating operation of power drills 226 for failure to provide safety device for corn husker 229 for failure to protect line shafting 231 for failure to report occupational disease 233 for violation of act to license employment agencies : 242 for violation of compulsory education acts 245, 251 PERISHABLE GOODS: hours of labor in preserving 9 PERMIT: for employment of child under 16 ., 10, 243 conditions of issue of 10 for vacation work 10 how to be signed 10 what to state 10 when to be produced for inspection 10 when to be returned to child 10 no fee to be charged for 10 for manufacture of clothing, etc., in apartment, conditions of granting 22 when may be revoked 22 to be posted in conspicuous place 22 when to be produced 22 PETROLEUM: carrying of, on passenger vessels 132 use of, as fuel on steam vessels 132 PHYSICIAN: statement of, required for employment permit 10 required for age certificate 11 duty of, relative to contagious diseases in manufacturing apartments 22 to report occupational diseases 232-234 PILOT: of steam passenger vessel, license of 128 penalty for acting as, without license 128 revocation of license of 128 penalty for violation of act by 134 temporary action of, without license. 138 penalty for alteration of license by 142 / flashing of light into eyes of, prohibited 145 108 INDEX. References are to compiler’s sections. PIT BOSS: duties of PITS: around furnaces, iron gratings for PLANING MILLS: use of solid emery wheels in PLAYHOUSE: employment of child in POOL ROOM: employment of child in POWDER: precautions for handling in coal mines POWER DRILLS: regulation of operation of PRINTING, BINDING, ETC.: for department, how done for inspectors of steam vessels, how procured PRISONS: officers of, to furnish information to department PRIVATE EMPLOYMENT AGENCIES: act to license and regulate , . no person to operate without license fee for and form of license for expiration and revocation of license for. enforcement of act to regulate disposition of fees from bond to be given by applicant for license for action against, on bond duty of, to keep register to issue receipts for fees paid, etc limit of fee receivable by repayment of part of fee by certain practices of. prohibited not to send applicants to houses of prostitution, etc not to be conducted within place for sale of liquors PRIVIES f ° r violat * ng 2104 t0 * icense an( l regulate for employes, provisions for in hotels, regulation of PROPS AND CAPS: timber to be kept for, in coal mines miners to avoid waste of disposition of unsuitable PROSECUTING ATTORNEY: when to prosecute violations of law when to inspect factory or workshop violations of steam vessel act to be certified to to prosecute for violations of hotel act to prosecute offenses against legal day’s work act to prosecute for failure to protect street railway employes from weather to prosecute violation of act regulating operation of power drills to prosecute for failure to report occupational disease PROSECUTION: for violation of law as to emery wheels, etc PUBLIC BUILDINGS: factory inspectors may order fire escapes on PUBLIC LODGING HOUSE: deemed hotel PULLEYS: shifters to throw belts on and off of loose, to be provided whenever possible 92 26 27 11 11 47 225-227 4 144 5 235-242 235 235 235 235 235 236 236 237 238 239 239 240 241 241 242 17 156 91 98 98 21 31 116 166 179 224 227 234 31 13 ' 152 15 15 RAILROAD COMPANY: definition of, in common carrier employe act RAILROADS: day’s work of employes on RECORD OF BAPTISM: required for employment permit age certificate RECORD OF BIRTH: required for employment permit age certificate REFORMATORY INSTITUTIONS: officers of, to furnish information to department REFUGE: places of, required in coal mines REGISTER: of employes under 16, how to be kept when to be produced for inspection of names of persons to whom work is given to be made in apartments. when to be produced to be kept by licensed employment agency deduction of cost of improvements from 172 182-185 10 11 10 11 83 10 10 22 22 237 23 INDEX. 109 References are to compiler’s sections. REPORT: monthly, of child permitted to be employed 10 of deputy factory inspectors to commissioner 18, 19 copy of, to be served on superintendent, etc 19 of inspection of coal min es 38 annual, by mine owners to inspector 89 of commission of inquiry into wages of females 197 of occupational diseases, how made 232 penalty for failure to make 233 REPORT, ANNUAL: (See annual report.) RISK OF EMPLOYMENT: where employe not deemed .to have assumed 171 ROPES: when hotel bedrooms to be provided with 155- ROW BOATS: how passenger boats to be equipped with 125- RULES: for preparing blasts in coal mines 49 for navigating steam vessels 125 SAFE-GUARDS: to be provided for gearing, belting, etc for protection of brakemen on railroads SAFETY APPLIANCES: required in coal mine shafts SAFETY CATCHES: cages in coal mines to be equipped with SAFETY DEVICE: for com huskers SAFETY HOOKS: to be used on buckets in sinking shafts in coal mines SAFETY VALVES: inspection of penalty for loading or obstructing control of, by commissioner SAGINAW: establishment of free employment bureau in SALAMANDERS: use of, in foundries SALARIES: of inspector of coal mines of county mine inspectors and assistants, how paid SALOON: girl or woman not to serve liquor, etc., in SALT BLOCKS: legal day’s work in SANITARY CONDITIONS: collection of information as to as to use of part of mine as water closet observation of, as to use of part of mine as water closet SANITARY QUESTIONS: collection of statistics relating to SANITARY REGULATIONS: for hotels SAVINGS: collection of information as to SAW-MILLS: provision as to use of solid emery wheels in legal day’s work in SCALES: inspection of, in coal mines SCHOOL HOUSE: condemnation of unsafe, by factory inspectors factory inspectors may order fire escapes on doors of, to open outward SCHOOL REPORT: when required for employment permit how to be signed contents of . when may be waived SEAMSTRESS: not within provisions of law as to work done in apartments SEARCH LIGHTS: not known as navigating lights SEATS: to be provided for female help SHAFTING: line, prevention of accidents from SHAFTS: in coal mines, regulation and safeguarding of ... subject to inspection lights at top and bottom, to be provided escapement, in coal mines of coal mines, lights at means of communication and signaling in safety appliances required in 15 218—220 84 44 228—220 48 117 127 127 35 26 56 112 25 177 2.7 52 100 39 156 2 27 177 39 13 13 13 10 10 10 10 22 145 230-231 43 43 45 45 80 84 84 110 INDEX. References are to compiler’s sections. SHERIFF: when to inspect factory or workshop SHIFTERS: owners of factories, etc., to provide SHOPS: hours of employment in seats in, to be provided for females SHOWS: employment of child in SIGNALING: means of, where required in coal mines SIGNALS, CODE OF: (See “code of signals.”) SOLID EMERY WHEELS: use of, in wood-working establishments SPECIAL AGENTS: appointment and authority of SPECIAL CANVASSERS: collection of information by authorized to administer oaths SPIRITUOUS LIQUORS: (See "intoxicating liquors.”) STABLES: in coal mines, location, construction and regulation of STAIRS: in escape shafts of coal mines, construction, etc STAIRWAYS: what to be provided in manufacturing establishments around furnaces, how to be constructed in escapement shafts in coal mines permanent, on passenger vessels STATE BOARD OF HEALTH: chief factory inspector to report certain infected articles to.-. to determine purity of oils for use in coal mines executive officer of, to be member of hotel commission report of occupational diseases to to send notice to commissioner of labor STATE DEPARTMENTS: may take transcripts of individual statistics STATE INSTITUTIONS: doors of, to open outward STATE OFFICERS: to furnish information to department STATE TREASURER: how to pay expenses of annual inspection when to pay expenses of free employment bureaus commissioner to account for fees to to pay certain witness fees STATEMENT: of physician required for employment permit of officer issuing employment permit of physician, required for age certificate of officer issuing age certificate STATIONARY STEAM BOILERS: when low water alarm to be placed on inspection of STATIONERY: for inspectors of steam vessels, how procured STATISTICS: collection of, by department of labor presentation of, to governor publication of STEAM BOILERS: stationary, low water alarms on inspection of STEAM FIRE PUMP: certain vessels to be provided with STEAM VESSELS: act regulating commissioner of labor charged with administration appointment and qualifications of inspector of commissioner to have supervision of inspector of annual inspection of, how conducted how number of passengers of, fixed how boilers of, to be tested certificates of inspection of number of passengers may be carried by shielding of woodwork about boilers, etc., of safe-guards against fire on permanent stairways on rules for navigating commissioner may make special rules for to keep rules hung in conspicuous place display of lights by certain, to be provided with steam fire pump how to be equipped with row boats when commissioner may require extra row boats for 31 15 9 24 11 83 . 84 27 2 5 19 82 76 14 26 45 121 22 67 159 232 232 2 13 5 20 36 139 151 10 10 11 11 33 , 34 33 144 2 2 2 33,34 33 124 115-151 115 115 115 116 116 117 118 119 120 120 121 122 122 122 123 124 125 125 INDEX. Ill References are to compiler’s sections. STEAM VESSELS— Continued. to be provided with life preservers 126 penalty for loading or obstructing safety valve of 127 license of masters, etc., of 128 oil to be used in lamps of 129 where to have name painted 130 how to receive and discharge passengers 131 carrying of explosives and inflammables on 132 carrying of petroleum on 132 use of petroleum as fuel on 132 regulation of steam pressure on 133 owner of, responsible for good conduct of master 135 master of, to keep conspicuous parts of act regulating 136 annual report of, by commissioner 137 to comply with terms and provisions of act 138 penalty for navigating without complying 138 temporary navigation of, with unlicensed officer 138 fee for inspection of 139 certain boats exempt 139 STOREHOUSE: owner of, to provide shifters and safeguards 15 STORES: general authority to inspect 2 authority of commissioner to enter 7 hours of employment in 9 employment of child in 10 protection of elevator openings in 12 factory inspectors may order fire escapes on 13 how to be provided with wash rooms, closets, etc., for employes 17 annual inspection of 20 work rooms in, to be properly heated, lighted and ventilated 22 seats in, to be provided for females 24 STRETCHERS: mine owner to keep in readiness 90 SUCTION PIPES: emery wheels to be provided with 29, 30 SUPERINTENDENT: service of copy of order on, by factory inspector 19 SUPERINTENDENT OF SCHOOLS: to issue permit for employment of child under 16 10 SUPERVISORS: when to obtain information for department 6 (See also “board of supervisors.”) SUPPLIES: for department, how furnished 4 SURVEYS: of coal mines, how made and preserved 63 SWEET OIL: to be kept on hand in foundries 26 T. TELEGRAPH SERVICE: employment of child in TEN HOURS: maximum of day’s work for certain persons TENANT: when order for improvements may be served on when may deduct cost of improvements from rent TENEMENT HOUSE: no room in, to be used for manufacture of clothing, etc . . . TERM OF OFFICE: of commissioner of labor and deputy of inspector of mines THEATERS: employment of child in factory inspectors may order fire escapes on THEATRICAL COMPANIES: traveling, employment of children in TIMBER: for props and cap pieces in coal mines, to be kept on hand TOILERS: protection of, against unjust demands TOWNSHIP OFFICERS: to furnish information to department TRAINMEN: on railroad, limit of work of extra hours’ labor in emergency payment for extra labor by TRAVELING THEATRICAL COMPANIES: employment of children in TRAVERSE CITY: establishment of free employment bureau in 10 9 23 23 22 1 104 10 13 11 41,91 202-205 5 182 183 184 11 35 U. UPHOLSTERING ESTABLISHMENTS: to be provided with hair-picking machines 32 112 INDEX. References are to compiler’s sections. v. VACANCY: in office of commissioner of labor, how filled inspector of mines VACATION PERMIT: for employment of child certain requirements may be waived in VARIETY SHOW: employment of child in VASELINE: to be kept on hand in foundries VEGETABLE CANNING ESTABLISHMENTS: hours of labor in VEGETABLE OIL: only pure, to be used for illuminating in coal mines VENTILATION: of coal mines, mode of of escape ways from coal mines VILLAGE OFFICERS: to furnish information to department 1 105 10 10 11 26 50,67 41 , 65 79 5 W. WAGES: collection of information as to earned on public buildings, etc., act to secure payment of bond to secure payment of act providing for semi-monthly payment of payment of, when leaving work disagreement as to amount of special contract not to affect payment of penalty for failure to pay as provided by law when act as to payment of, to take effect for females, commission of inquiry into certain deductions from, prohibited WAREHOUSE: hours of employment in owner of, to provide shifters and safe-guards WARRANT: when to issue for violation of law as to emery wheels .... WASH HOUSES: when and where to be constructed at coal mines WASH ROOMS: certain institutions to be provided with factory inspectors authorized to order installment of WATER CLOSETS: certain establishments to be provided with factory inspectors may order installment of use of parts of mine as, regulated use of part of mine excavations as in hotels, regulation of for workmen on buildings WEATHER: protection of street railway employes from WEIGHMEN: of coal, to be sworn check, how may be named WEIGHTS: used at coal mines, testing of WELL-HOLES: to be closed and secured WIRING: for electricity in coal mines, regulation of WITNESSES: department may subpoena and examine fees of penalty for neglect of, to attend, etc may not be compelled to go out of county refusal or false testimony of, penalty for power of inspector of steam vessels to subpoena, etc payment of fees to WOMAN: not to be permitted to act as barkeeper, etc WOOD WORKING ESTABLISHMENTS: provision as to use of solid emery wheels in WORKMEN: on buildings, water closets for » • WORK ROOMS: in stores, to be properly heated, lighted and ventilated. . . WORKSHOPS: general authority to inspect authority of commissioner to enter hours of employment in employment of child in protection of elevator openings in now to be provided with wash rooms, closets, etc ........ annual inspection of blowers for emery wheels in when to be inspected legal day’s work in ... 2 , 7,39 . . . 186-189 186 , 188 , 189 . . . 190-193 190 190 191 192 193 . . . 194-200 203 9 15 31 73 17 23 17 23 52 100 156 211-12 221-224 40 , 62 40 , 62 60 , 61 12 69 3 3 3 3 8 148 151 25 21 1-212 9 9 , 10 12 17 20 27-30 31 177