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lation of the statute by “any owner, lessee or operator, his or its agent, employees or servants.” The construction of these provisions is found in the following quotation from the opinion of the court, as delivered by Judge Beard. After citing the law in full, he said:
The first section of the statute enacts that eight hours shall constitute a day's work for all coal miners and laborers employed in any coal mine; but does not attempt to fix the number of hours that shall constitute a day's work for any other class of persons employed in or about the operations of the mine. The second section defines the meaning of the word "day" when used in any contract made between the owner, lessee, or operator of a coal mine with such miner or laborer for his services as such. It is only in contracts between the operators of coal mines and a miner or laborer in the mine and for his services as such that the word “day” is to be construed to be eight hours. Thus it will be seen that by those sections of the act miners and laborers are treated as a distinct class of employees, and it is nowhere in the act declared, in terms, to be unlawful for them to work more than 8 hours in any 24. The object of the statute, we think, was to prevent the employers of such miners and laborers from requiring of them an unreasonable number of hours of work in a calendar day, and to fix the number of hours that should constitute a day's work for such miner or laborer and entitle him to a day's wages, and not to punish the miner or laborer who, as in this case, should voluntarily perform more than eight hours labor in the mine in a calendar day. In a case arising under the statutes of Utah, which are somewhat similar to ours, in which case an employer was prosecuted for unlawfully employing one to work in a mine for the period of 10 hours each day, the Supreme Court of the United States quotes and expressly concurs in the language used by the supreme court of Utah, as follows: "The legislature has also recognized the fact, which the experience of legislators in many States has corroborated, that the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules and the laborers are practically constrained to obey them.” (Holden v. Hardy, 169 U. S. 366, 397, 18 Sup. Ct. 383, 390, 42 L. Ed. 780.) The penalty imposed by the statute is to be inflicted upon "any owner, lessee or operator, his or its agent, employees or servants, violating any of the provisions of this act.” We think the persons designated by the words "employees or servants," as used in this section, must be construed as belonging to the same class of persons as those designated by the word "agent,” used in the same connection; that is, that class of employees or servants who stand in the place of the owner, lessee, or operator of the mine, and who have something to do with employing, superintending, or directing the miners and laborers in the performance of their labors. The legislature having twice, in the preceding sections of the act, used the terms “miners and laborers as a class distinct and separate from other employees and servants, it is reasonable to suppose that, if it
was the intention to include them in the penal provision, they would have been designated by the same terms or at least by terms equally unequivocal.
SUNDAY LABOR-RAILROADS—INTERSTATE COMMERCE-CONSTITUTIONALITY OF STATUTE-Seele v. State, Supreme Court of Georgia, 55 Southeastern Reporter, page 472.-This case arose under the law of Georgia which prohibits the running of freight and excursion trains within the State on Sunday, with exceptions as to trains carrying live stock, perishable goods, etc. J. N. Seele, superintendent of transportation of the Southern Railway Company, was convicted in the superior court of Habersham County, and appealed on the ground that such a regulation was in excess of the power of the State inasmuch as it interfered with interstate commerce.
The supreme court ruled in favor of the constitutionality of the act and affirmed the judgment of the court below, as appears from the following extract from its opinion, delivered by Judge Atkinson:
In Hennington v. State, 90 Ga. 396, 17 S. E. 1009, it was held that section 4578 of the Code of 1882 (Pen. Code 1895, section 420), in making it a misdemeanor to run a freight train upon any railroad in this State on the Sabbath Day, was a regulation of internal police, and not a regulation of commerce, and was, therefore, not in conflict with the provisions in the Constitution of the United States delegating to Congress the power to regulate commerce among the several States. This decision was rendered in 1892, and upon writ of error to the Supreme Court of the United States the ruling was affirmed by that court. (Hennington v. State of Georgia, 163 U. S. 299, 16 Sup. Ct. 1086, 41 L. Ed. 166.) It was said by that court that there was nothing in the legislation in question that suggests that it was enacted with the purpose to regulate interstate commerce, or with any other purpose than to prescribe a rule of civil duty for all who on the Sabbath Day were in the territorial jurisdiction of the State; that, while the statute affects interstate commerce in a limited degree, it is not for that reason a needless intrusion upon the domain of Federal jurisdiction, nor strictly a regulation of interstate commerce, but is an ordinary police regulation, designed to secure the well-being and promote the general welfare of the people of the State, and is not invalid by force alone of the Constitution of the United States; and that it is to be respected in the courts of the Union until superseded and displaced by some act of Congress passed in execution of the power granted to it by the Constitution. There has been no legislation by Congress on this subject, and therefore the ruling of this court, as affirmed by the Supreme Court of the United States, is the - law of the land at the present time. We have been requested to review and overrule the decision of this court above referred to. We decline to do this, for two reasons: (1) We are entirely satisfied with the reasoning of the learned Chief Justice who rendered the opinion in that case. (2) The conclusion reached by him was affirmed by the Supreme Court of the United States; and, until that court sees fit to overrule the decision made by it, we are bound to follow it. LAWS OF VARIOUS STATES RELATING TO LABOR, ENACTED SINCE
JANUARY 1, 1904.
[The Tenth Special Report of this Bureau contains all laws of the various States and Territories and of the United States relating to labor, in force January 1, 1904. Later enactments are reproduced in successive issues of the Bulletin, beginning with Buletin No. 57, the issue of March, 1905. A cumulative index of these later enactments is to be found on page 473 et seq. of this issue.]
ACTS OF 1906.
CHAPTER 129.- Inspection of factories-Sweat shops. SECTION 1. Section one hundred of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven,
as amended by chapter one hundred and ninety-one of the laws of eighteen hundred and ninety-nine and chapter five hundred and fifty of the laws of nineteen hundred and four, is hereby amended to read as follows:
Section 100. No tenement house nor any part thereof shall be used for the purpose of manufacturing, altering, repairing or finishing therein, any coats, vests, knee pants, trousers, overalls, cloaks, hats, caps, suspenders, jerseys, blouses, dresses, waists, waistbands, underwear, neckwear, furs, fur trimmings, fur garments, skirts, shirts, aprons, purses, pocketbooks, slippers, paper boxes, paper bags, feathers, artificial flowers, cigarettes, cigars, umbrellas, or articles of rubber, nor for the purpose of manufacturing, preparing, or packing macaroni, spaghetti, ice cream, ices, candy, confectionery, nuts, or preserves, without a license therefor as provided in this article. But nothing herein contained shall apply to collars, cuffs, shirts or shirt waists made of cotton or linen fabrics that are subjected to the laundrying process before being offered for sale. Application for such a license shall be made to the commissioner of labor by the owner of such tenement house, or by his duly authorized agent. Such application shall describe the house by street number or otherwise, as the case may be, in such manner as will enable the commissioner of labor easily to find the same; it shall also state the number of apartments in such house; it shall contain the full name and address of the owner of the said house, and shall be in such form as the commissioner of labor may determine. Blank applications shall be prepared and furnished by the commissioner of labor. Upon receipt of such application the commissioner of labor shall consult the records of the local health department or board, or other appropriate local authority charged with the duty of sanitary inspection of such houses; if such records show the presence of any infectious, contagious or communicable disease, or the existence of any uncomplied with orders or violations which indicate the presence of unsanitary conditions in such house, the commissioner of labor, may, without making an inspection of the building, deny such application for a license, and may continue to deny such application until such time as the records of said department, board or other local authority show that the said tenement house is free from the presence of infectious, contagious or communicable disease, and from all unsanitary conditions. Before, however, any such license is granted, an inspection of the building sought to be licensed must be made by the commissioner of labor, and a statement must be filed by him as a matter of public record, to the effect that the records of the local health department or board or other appropriate authority charged with the duty of sanitary inspection of such houses, show the existence of no infectious, contagious or communicable disease nor of any unsanitary conditions in the said house; such statement must be dated and signed in ink with the full name of the employee responsible therefor. A similar statement similarly signed, showing the results of the inspection of the said building must also be filed in the office of the commissioner of labor before any license is granted. If the commissioner of labor ascertain that such building is free from infectious, contagious or communicable disease, that there are no defects of plumbing that will permit the free entrance of sewer air, that such building is in a clean and proper sanitary condition and that the articles specified in this section may be manufactured therein under clean and healthful conditions, he shall grant a license permitting the use of such building, for the purpose of manufacturing, altering, repairing or finishing such articles. Such license shall be framed, such frame to be furnished by the commissioner of labor upon receipt by him of one dollar for which a receipt in writing shall be given, and shall be posted by the owner in a conspicuous place in the public hallway on the entrance floor of the building to which it relates. It may be revoked by the commissioner of labor if the health of the community or of the employees requires it, or if the owner of the said tenement house, or his duly authorized agent fails to comply with the orders of the commissioner of labor within-ten days alter the receipt of such orders, or if it appears that the building to which such license relates is not in a healthy and proper sanitary condition. In every case where a license is revoked or denied by the commissioner of labor the reasons therefor shall be stated in writing, and the records of such revocation or denial shall be deemed public records. Where a license is revoked, before such tenement house can again be used for the purposes specified in this section, a new license must be obtained, as if no license had previously existed. Every tenement house and all the parts thereof in which any of the articles named in this section are manufactured, altered, repaired or finished shall be kept in a clean and sanitary condition and shall be subject to inspection and examination by the commissioner of labor, for the purpose of ascertaining whether said garments or articles or part or parts thereof, are clean and free from vermin and every matter of an infectious or contagious nature. An inspection shall be made by the commissioner of labor of each licensed tenement house not less than once in every six months, to determine its sanitary condition, and shall include all parts of such house and the plumbing thereof. Before making such inspection the commissioner of labor may consult the records of the local department or board charged with the duty of sanitary inspection of tenement houses, to determine the frequency of orders issued by such department or board in relation to the said tenement house, since the last inspection of such building was made by the commissioner of labor. Whenever the commissioner of labor finds any unsanitary condition in a tenement house for which a license has been issued as provided in this section, he shall at once issue an order to the owner thereof directing him to remedy such condition forthwith. Whenever the commissioner of labor finds any of the articles specified in this section manufactured, altered, repaired or finished or in process thereof, in a room or apartment of a tenement house, and such room or apartment is in a filthy condition, he shall notify the tenants thereof to immediately clean the same, and to maintain it in a cleanly condition at all times; where the commissioner of labor finds such room or apartment to be habitually kept in a filthy condition, he may in his discretion cause to be affixed to the entrance door of such apartment a placard calling attention to such facts and prohibiting the manufacture, alteration, repair or finishing of said articles therein. No person, except the commissioner of labor, shall remove or deface any such placard so affixed. None of the articles specified in this section shall be manufactured, altered, repaired or finished in any room or apartment of a tenement house, where there is or has been a case of infectious, contagious or communicable disease in such room or apartment, until such time as the local department or board of health shall certify to the commissioner of labor that such disease has terminated, and that the said room or apartment has been properly disinfected, if disinfection after such disease is required by the local ordinances, or by the rules or regulations of such department or board. None of the articles specified in this section shall be manufactured, altered, repaired, or finished in a part of a cellar or basement of a tenement house, which is more than onehalf of its height below the level of the curb or ground outside of or adjoining the same. No person shall hire, employ or contract with any person to manufacture, alter, repair or finish any of the articles named in this section in any room or apartment in any tenement house not having a license therefor issued as aforesaid. None of the articles specified in this section shall be manufactured, altered, repaired or finished in any room or apartment of a tenement house unless said room or apartment shall be well lighted and ventilated and shall contain at least five hundred cubic feet of air space for every person working therein, or by any person other than the members of the family living therein; except that in licensed tenement houses persons not members of the family may be employed in apartments on the ground floor or second floor, used only for shops of dressmakers who deal solely in the custom trade direct to the consumer, provided that such apartments shall be in the opinion of the commissioner of labor in the highest degree sanitary, well lighted, well ventilated and plumbed, and provided further that the whole number of persons therein shall not exceed one to each one thousand cubic feet of air space, and that there shall be no children under fourteen years of age living or working therein; before any such room or apartment can be so used a special permit therefor shall be issued by the commissioner of labor, a copy of
which shall be entered in his public records with a statement of the reasons therefor. Nothing in this section contained shall prevent the employment of a tailor or seainstress by any person or family for the purpose of making, altering, repairing or finishing any article of wearing apparel for the use of such person or family. Nor shall this section apply to a house if the only work therein on the articles herein specified be carried on in a shop on the main or ground floor thereof with a separate entrance to the street, unconnected with living rooms and entirely separate from the rest of the building by closed partitions without any openings whatsoever and not used for sleeping or cooking. Became a law, April 3, 1906.
CHAPTER 158.- Free public employment offices. Section 1. Article three consisting of sections forty, forty-one, forty-two and fortythree of chapter four hundred and fifteen of the laws of eighteen hundred and ninetyseven * * * is hereby repealed, and the free public employment bureaus established thereunder are hereby abolished. Became a law, April 6, 1906.
CHAPTER 178.-- Inspection of factories- Tenant factories. SECTION 1. Article six of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, * is hereby amended by adding at the end thereof two new sections, to be sections ninety-four and ninety-five, and to read as follows:
Section 94. A tenant factory within the meaning of the term as used in this chapter is a building, separate parts of which are occupied and used by different persons, companies or corporations, and one or more of which parts is so used as to constitute in law à factory. The owner, whether or not he is also one of the occupants, instead of the respective lessees or tenants, shall be responsible for the observance and punishable for the nonobservance of the following provisions of this article, anything in any lease to the contrary notwithstanding, --namely the provisions of sections seventy-nine, eighty, eighty-iwo, eighty-three, eighty-six, ninety and ninety-one, and the provisions of section eighty-one with respect to the lighting of halls and stairways; except that the lessees or tenants also shall be responsible for the observance and punishable for the nonobservance of the provisions of sections seventy-nine and ninety-one within their respective holdings. The owner of every tenant factory shall provide each separate factory therein with water-closets in accordance with the provisions of section eighty-eight, and with proper and sufficient water and plumbing pipes and a proper and sufficient supply of water to enable the tenant or lessee thereof to comply with all the provisions of said section. But as an alternative to providing water-closets within each factory as aforesaid, the owner may provide in the public hallways or other parts of the premises used in common, where they will be at all times readily and conveniently accessible to all persons employed on the premises not provided for in accordance with 'section eighty-eight, separate water-closets for each sex, of sufficient numbers to accommodate all such persons. Such owner shall keep all water-closets located as last specified at all times provided with proper fastenings, and properly screened, lighted, ventilated, clean, sanitary and free from all obscene writing or marking Outdoor water-closets shall only be permitted where the commissioner of labor shall decide that they are necessary or preferable, and they shall then be provided in all respects in accordance with his directions. The owner of every tenant factory shall keep the entire building well drained and the plumbing thereof in a clean and sanitary condition; and shall keep the cellar, basement, yards, area ways, vacant rooms and spaces, and all parts and places used in common in a clean, sanitary and safe condition, and shall keep such parts thereof as may reasonably be required by the commissioner of labor properly lighted at all hours or times when said building is in use for factory purposes. The term owner as used in this article shall be construed to mean the owner or owners of the freehold of the premises, or the lessee or joint lessees of the whole thereof, or his, her or their agent in charge of the property. The lessee or tenant of any part of a tenant factory shall permit the owner, his agents and servants, to enter and remain upon the demised premises whenever and so long as may be necessary to comply with the provisions of law, the responsibility for which is by this section placed upon the owner; and his failure or refusal so to do shall be a cause for dispossessing said tenant by summary proceedings to recover possession of real property, as provided in the code of civil procedure. And whenever by the terms of a lease any lessee or tenant shall have agreed to comply with or carry out any of such provisions, his failure or refusal so to do shall be a cause for dispossessing said tenant by summary proceedings as aforesaid. Except as in this article otherwise provided the person or persons, company or corporation conducting or operating a factory whether as owner or lessee of the