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 after 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

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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 seamstress 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 ninetyis hereby repealed, and the free public employment bureaus established thereunder are hereby abolished. Became a law, April 6, 1906.

seven

CHAPTER 178.--Inspection of factories--Tenant factories.

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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 a 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-two, 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

whole or of a part of the building in which the same is situated or otherwise, shall be responsible for the observance and punishable for the nonobservance of the provisions of this article, anything in any lease or agreement to the contrary notwithstanding.

Sec. 95. If the commissioner of labor finds evidence of contagious disease present in any tenant factory in which any of the articles enumerated in section one hundred hereof are manufactured, altered, repaired or finished he shall affix to any such articles exposed to such contagion a label containing the word "unclean" and shall notify the local board of health, who may disinfect such articles and thereupon remove such label. If the commissioner of labor finds any of the articles specified in said section one hundred in any workroom or factory in a tenant factory which is foul, unclean, or unsanitary, he may, after first making and filing in the public records of his office a written order stating the reasons therefor, affix to such articles a label containing the word "unclean." No one but the commissioner of labor shall remove any label so affixed; and he may refuse to remove it until such articles shall have been removed from such factory and cleaned, or until such room or rooms shall have been cleaned or made sanitary.

Became a law, April 10, 1906.

CHAPTER 216.-Inspection of factories—Accidents.

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SECTION 1. Section eighty-seven of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, * * is hereby amended to read as follows: Section 87. The person in charge of any factory shall report in writing to the commissioner of labor all deaths, accidents, or injuries sustained by any person therein or on the premises, within forty-eight hours after the time of the accident, death or injury, stating as fully as possible the cause of the death or the extent and cause of the injury, and the place where the injured person has been sent, with such other or further information relative thereto as may be required by the said commissioner, who may investigate the causes thereof and require such precautions to be taken as will prevent the recurrence of similar happenings. No statement contained in any such report shall be admissible in evidence in any action arising out of the death or accident therein reported.

Became a law, April 12, 1906.

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CHAPTER 256.-Examination and licensing of barbers.

SECTION 1. Chapter six hundred and thirty-two of the laws of nineteen hundred and three, * * [providing for the examination and licensing of barbers] is hereby Became a law, April 19, 1906.

repealed.

CHAPTER 275.--Inspection of factories-Labeling goods unlawfully manufactured.

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SECTION 1. Section one hundred and two 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, is hereby amended to read as follows:

Section 102. Articles manufactured, altered, repaired, or finished contrary to the provisions of section one hundred of this chapter, shall not be sold or exposed for sale by any person. The commissioner of labor may conspicuously affix to any such article found to be unlawfully manufactured, altered, repaired or finished, a label containing the words tenement made printed in small pica capital letters on a tag not less than four inches in length, or may seize and hold such article until the same shall be disinfected or cleaned at the owner's expense. The commissioner of labor shall notify the person stated by the person in possession of said article to be the owner thereof, that he has so labeled or seized it. No person except the commissioner of labor shall remove or deface any tag or label so affixed. Unless the owner or person entitled to the possession of an article so seized shall provide for the disinfection or cleaning thereof within one month thereafter it may be destroyed.

Became a law, April 19, 1906.

CHAPTER 316.-Payment of wages in scrip- Company stores.

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SECTION 1. Section nine of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, * * is hereby amended to read as follows: Section 9. Every manufacturing, mining, quarrying, mercantile, railroad, street railway, canal, steamboat, telegraph, and telephone company, every express company,

and every water company, not municipal, and every person, firm or corporation, engaged in or upon any public work for the State or any municipal corporation thereof, either as a contractor or a subcontractor therewith, shall pay to each employee engaged in his, their or its business the wages earned by such employee in cash. No such company, person, firm or corporation shall hereafter pay such employees in script [scrip], commonly known as store money orders. No person, firm or corporation engaged in carrying on public work under contract with the State or with any municipal corporation of the State either as a contractor or subcontractor therewith, shall directly or indirectly, conduct or carry on what is commonly known as a company store, if there shall, at the time be any store selling supplies, within two miles of the place where such contract is being executed. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor.

Became a law, April 24, 1906.

CHAPTER 327.-Employment offices in cities of the first class.

SECTION 1. Chapter four hundred and thirty-two of the laws of nineteen hundred and four is hereby amended so as to read as follows:

Section 1. The term person when used in this act, means and includes any individual, company, association, or corporation or their agents, and the term employment agency, means and includes the business of procuring or offering to procure help or employment or of giving information as to where help or employment may be procured, whether such business is conducted in a building or on the street or elsewhere; and the business of keeping an intelligence office, employment bureau, theatrical, or shipping agency, nurses' registry, or agency for procuring engagements for vaudeville or theatrical performers, or other agency or office for procuring work or employment for persons seeking employment where a fee or privilege or commission is exacted, charged or received directly or indirectly for procuring or assisting or promising to procure employment, work, engagement, or a situation of any kind, or for procuring or providing help or promising to provide help for any person, whether such fee is collected from the applicant for employment or the applicant for help, excepting agencies conducted exclusively for procuring employment for persons as teachers, and in recognized educational institutions only, as occupants of technical or executive positions, and registries of all incorporated associations of registered nurses and bureaus conducted by registered medical institutions and excepting also departments maintained by persons, firms, corporations or associations for the purpose of securing help for themselves where no fee is charged the applicant for employment. The term fee as used in this act means money or a promise to pay money. The term fee also means and includes the excess of money received by any such licensed person over what he has paid for transportation, transfer of baggage, or lodging for any applicant for employment. The term fee as used in this act also means and includes the difference between the amount of money received by any person who furnishes employees or performers for any entertainment, exhibition or performance and the amount paid by said person to the employees or performers whom he hires to give such entertainment, exhibition or performance. The term privilege as used in this act means and includes the furnishing of food, supplies, tools or shelter to contract laborers, commonly known as commissary privileges."

Sec. 2. No person shall open, keep or carry on any such employment agency in the cities of the first class, unless every such person shall procure a license therefor from the mayor or the commissioner of licenses of the city in which such person intends to conduct such agency. Such license shall be posted in a conspicuous place in said agency. Any person who shall open or conduct such an employment agency without first procuring said license shall be guilty of a misdemeanor and shall be punishable by a fine of not less than fifty dollars and not more than two hundred and fifty dollars, or by imprisonment for a period of not more than one year or both, at the discretion of the court. Such license shall be granted upon the payment to said mayor or commissioner of licenses of a fee of twenty-five dollars annually for such employment agency in cities of the first class. Every license shall contain the name of the person licensed, a designation of the city, street and number of the house in which the person licensed is authorized to carry on the said employment agency, and the number and date of such license. Such license shall not be valid to protect any other than the person to whom it is issued or any place other than that designated in the license and shall not be transferred or assigned to any other person unless consent is obtained from the mayor or commissioner of licenses. The person to whom said license is assigned or transferred shall file with the mayor or the commissioner of licenses a bond as required in section three. No such agency shall be located in rooms used for living purposes or where boarders or lodgers are kept or where meals are served or where persons sleep or in connection with a building or on premises where intoxicating liquors are sold to be consumed on the

premises, excepting cafes and restaurants in office buildings. If said licensed person shall conduct a lodging-house for the unemployed, separate and apart from such agency, it shall be so designated in the license. The application for such license shall be filed not less than one week prior to the granting of said license and the mayor or commissioner of licenses shall act upon such application within thirty days from the time of such application. The mayor or commissioner of licenses shall require every such applicant to furnish satisfactory proof, by affidavits, of good moral character and shall receive any protest against the issuance or the transfer of any license. The names and addresses of all applicants for licenses or for transfers of licenses shall be posted daily in the public office of the mayor or commissioner of licenses. The license shall run to the first Tuesday of May next ensuing the date thereof and no longer unless sooner revoked by the mayor or commissioner of licenses.

Sec. 3. The mayor or commissioner of licenses of said city shall require such person to file with his application for a license a bond in due form to the people of the said city inthe penal sum of one thousand dollars in cities of the first class, with two or more sufficient sureties, and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions or requirements of this act. If any person shall be aggrieved by the misconduct of any such licensed person, and shall recover judgment against him therefor, such person may, after the return unsatisfied, either in whole or in part, of any execution issued upon said judgment, maintain an action in his own name upon the bond of said employment agent in any court having jurisdiction of the amount claimed provided such court shall, upon application made for the purpose, grant such leave to prosecute.

Sec. 4. It shall be the duty of every such licensed person, except those conducting theatrical agencies, or agencies for the employment of vaudeville performers or nurses' registries or agencies for the procuring of technical, clerical, sales or executive positions for men only, to keep a register, approved by the mayor or the commissioner of licenses, in which shall be entered, in the English language, the date of the application for employment; the name and address of the applicant to whom employment is promised or offered; the amount of the fee received, and whenever possible, the names and addresses of former employers or persons to whom such applicant is known. Such -licensed person, except those above specified in this section, shall also enter in a separate register, approved by the mayor or commissioner of licenses, in the English language, the name and address of every applicant accepted for help, the date of such application, kind of help requested, the names of the persons sent, with the designation of the one employed, the amount of the fee received and the rate of wages agreed upon. The aforesaid registers of applicants for employment and for help shall be open during office hours to inspection by the mayor or commissioner of licenses. No such licensed person, his agent or employees, shall make any false entry in such registers. It shall be the duty of every licensed person, whenever possible, to communicate orally or in writing with at least one of the persons mentioned as references for every applicant for work in private families, or employed in a fiduciary capacity, and the result of such investigation shall be kept on file in such agency: Provided, That if the applicant for help voluntarily waives in writing such investigation of references by the licensed person, failure on the part of the licensed person to make such investigation shall not be deemed a violation of this act. Every licensed person exempted from the provisions of this section as to the keeping of registers shall keep accurate records in the English language, of all persons to whom work is promised or offered, or from whom a fee is taken, and of all persons from whom an application for an employee is accepted, together with the date of the engagement, the amount of the fee received, and the rate of remuneration agreed upon.

Sec. 5. The fees charged applicants for employment as lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrub women, laundresses, maids, nurses (except professionals) and all domestics and servants, unskilled workers and general laborers, shall not in any case exceed ten per centum of the first month's wages, and for all other applicants for employment, shall not exceed the amount of the first week's wages or salary or five per centum of the first year's salary, except when the employment or engagement is of a temporary nature, not to exceed in any single contract one month, then the fee shall not exceed ten per centum of the salary paid. In case the applicant shall not accept or obtain help or employment, through such agency, then such licensed person shall on demand, repay the full amount of the said fee, allowing three days' time to determine the fact of the applicant's failure to obtain help or employment. If an employee furnished fails to remain one week in the situation, a new employee shall be furnished to the applicant for help if he so elects, or three-fifths of the fee returned, within four days of demand; provided said applicant for help notifies said licensed person within thirty days of the failure of the applicant to accept the position or of the applicant's discharge for cause.