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capacity, and not in any organized capacity, it would be a gross injustice to attach to persons who have not been shown to be participants in these transactions the stigma of an injunction, or to make them as they might be without further order of the court-: subject to the payment of any costs which necessarily accrue in such a case. In the case in Indiana, to which reference has just been made, a somewhat similar situation arose, and there the injunction was allowed against such of the defendants as were shown to have participated in the violence or intimidation. Those who were not thus found to be unlawful participants in wrongful acts were not enjoined. That will be the order in this case. Nor is it necessary, in order to hold the defendants who are not enjoined to a strict compliance with the terms of such an injunction as will be issued in this case, that they should be named as defendants who ought to be enjoined.

The Supreme Court of the United States, in Ex parte Lennon, 166 U. S. 548, 17 Sup. Ct. 658, 41 L. Ed. 1110, has definitely determined the law under such circumstances. It is there held that, to render a person amenable to an injunction, it is neither necessary that he should have been a party to the suit in which the injunction was issued, nor to have been actually served with a copy of it, so long as he appears to have had actual notice. That was a case which arose in this jurisdiction, and the question to which I have just referred was distinctly made and decided. That rule would apply, not only to persons named in this bill who are not found guilty of any violation of the rights of the complainant, but also to any other persons who, with knowledge of the issuance of the injunction, violate its terms.

As to those who are parties to this bill, and not included by name within its terms as violators of the rights of others, they must be held to have knowledge of this opinion, and of the decree herein. (Union Pacific Ry. Co. (C. C.) v. Ruef, 120 Fed. 116.) I can not help but believe that the officers of the International Association of Machinists, and the leading and influential spirits among the men who have gone on strike, will fully understand the views of the court. as to their rights and duties, and that a real and successful effort will be made to keep the conduct of those with whom they are associated within the limits which are defined in this opinion. The propriety of the rule as to picketing as I have laid it down is, as to them, on trial.

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 Bulletin No. 57, the issue of March, 1905. A cumulative index of these later enactments is to be found on page 783 et seq. of this issue.]

KENTUCKY.

ACTS OF 1906.

CHAPTER 52.-Employment of children-Hours of labor--Age limit--Factory inspection.

SECTION 1. No child under sixteen years of age, employed in any manufacturing establishment, mine, mill or workshop in this Commonwealth, shall be required, permitted or suffered to work therein more than sixty hours in any one week, nor more than ten hours in any one day, unless for the purpose of making a shorter work day on any one day of the week, and in no case shall any child under sixteen years of age work in any manufacturing establishment, mine, mill or workshop after seven o'clock in the evening or before six o'clock in the morning of any day; and every person, firm, corporation or company employing any child under sixteen years of age in any manufacturing establishment, mine, mill or workshop shall post, and keep posted, in a conspicuous place in the office, a printed notice, stating the number of hours of labor per day required of such persons for each day of the week, and the number of hours of labor exacted or permitted to be performed by such persons shall not exceed the number of hours of labor so posted as being required. The time of beginning and ending the day's labor shall be the time stated in such notice.

SEC. 2. No child under fourteen (14) years of age shall be employed at any time in any factory, workshop, mill or mine, unless said child shall have no other means of support. No such child shall be employed in any mercantile establishment, nor in any service of any telegraph, telephone or public messenger company, laundry, printing establishment, except during the vacation of the public schools. No child under sixteen (16) years of age shall be employed at any occupation dangerous or injurious to health or morals. And in event of disagreement between the labor inspector and proprietor, the city or county physician shall be called in as referee, and his decision shall be final. It shall be the duty of every person employing children to keep a register in which shall be recorded the name, birthplace, age and place of residence of every person employed by him under the age of sixteen years; and it shall be unlawful for any proprietor, agent, foreman or other person in or connected with a manufacturing establishment, mine, mill or workshop to hire any child under the age of sixteen years to work therein without there is first provided and placed on file in the office an affidavit made by the parent or guardian, stating the age, date and place of birth of said child. If said child has no parent or guardian, the said affidavit shall be made by the child, which affidavit shall be kept on file by the employer, and said register and affidavit shall be produced for inspection on demand by the labor inspector. There shall be posted conspicuously in every office of every factory, mill, workshop or maine, where children under sixteen years of age are employed, a list of their names, with their ages, respectively. The labor inspector shall have the power to demand a certificate of physical fitness from the city or county physician in the case of children whom he deems physically unable to perform the labor at which they may be employed, and shall have the power to prohibit the employment of any child that can not obtain such a certificate.

SEC. 3. No person, firm or corporation shall employ or permit any child under the age of sixteen years to have the care, custody, management of, or to operate any elevator, nor shall any person under sixteen years of age be employed at sewing belts or [to] assist in sewing belts.

SEC. 4. It shall be the duty of the owner of any manufacturing establishment, or his agents, superintendents or other person in charge of the same, to furnish and supply, when practicable, or cause to be furnished and supplied therein, belt shifters, or other safe mechanical contrivances for the purpose of throwing belts on or off pulleys; and, whenever practicable, machinery therein shall be provided with loose pulleys. All vats, pans, saws, planes, cogs, gearing, belting, set screws and machinery of every description therein, which is palpably dangerous, where practicable, shall be properly guarded, and no person shall remove or make ineffective any safeguard around or attached to any planer, saw, belting, shafting or other machinery, or around any vat or pan, while the same is in use, unless for the purpose of immediately making repairs thereto, and all such safeguards shall be promptly replaced. No person under eighteen years of age shall be allowed to clean machinery while in motion.

SEC. 5. Suitable and proper wash rooms and water-closets shall be provided in each manufacturing establishment, and such water-closets shall be properly screened and ventilated and be kept at all times in a clean condition; and if women and girls are employed in any such establishment, the water-closets shall have separate approaches and be separate and apart from those used by men. All closets shall be kept free [from] obscene writing and marking. A dressing room shall be provided for women and girls when required by the labor inspector in any manufacturing establishment in which women and girls are employed.

SEC. 6. Every person, firm, corporation, association, individual or partnership employing girls or adult women in any manufacturing, mechanical or mercantile industry, laundry, workshop, renovating works or printing office in this Commonwealth shall provide seats for the use of the girls and women so employed, and shall permit the use of such by them when not necessarily engaged in the active duties for which they are employed.

SEC. 7. The walls and ceilings of each room in every manufacturing establishment shall be lime washed or painted, when, in the opinion of the labor inspector, it shall be conducive to the health or cleanliness of the person working therein.

SEC. 8. The grand jury shall have inquisitorial powers to investigate violations of this act, and judges of the circuit courts of the State shall specially charge the grand jury at the beginning of each term of the court to investigate violations of this act.

SEC. 9. The words "manufacturing establishment," wherever used in this act, shall be construed to mean any mill, factory or workshop where labor is employed. SEC. 10. A copy of this act shall be conspicuously posted and kept posted in each workroom of every manufacturing establishment, mill, mine or workshop in this Commonwealth.

SEC. 11. Any person who violates any of the provisions of this act, or who suffers or permits any child 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 more than fifty dollars for the first offense and not more than two hundred dollars for the second offense. SEC. 12. The provisions of this act shall not apply to the handling of fruits and vegetables in season, and the delivery of tobacco at the warehouses, and preparing same for the manufacturer.

Approved March 17, 1906.

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CHAPTER 108.- Mine regulations-Inspectors.

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SECTION 1. * The governor is hereby authorized and directed to appoint two additional assistant inspectors of mines, who shall hold office for four years and until their successors are appointed and qualified. Said assistants shall have a thorough knowledge of the different systems of working and ventilating coal mines and of the nature and properties of mine gases, especially of explosive gas, and shall have a thorough and practical knowledge of mining gained by at least five years experience at and in such mines. Said assistant inspectors before entering upon the discharge of their official duties, shall be sworn to discharge them faithfully and impartially, which oath shall be certified by the officer administering it and said certificate shall be filed with the secretary of state in his office and each of said assistants shall give bond in the penal sum of two thousand dollars, with surety to be approved by the governor, for the faithful discharge of his official duties. Each of said assistants shall give his entire time and attention to the duties of his office, which shall consist of aiding, under the directions of the chief inspector of mines, in carrying out the provisions of this act and of all other acts relating to the inspection of mines. He shall keep a record of all inspections made by him and make monthly report of the same to the chief inspector, and he shall at all times in all things pertaining to the duties of his office be subject to the orders of the chief inspector. Said assistants shall not be interested in operating any mine in this State, and they shall each be liable to dismissal for willful neglect of duty or malfeasance in office.

Each assistant inspector shall receive an annual salary of twelve hundred dollars, payable monthly, and shall likewise be allowed and paid his necessary traveling expenses when engaged in the discharge of his official duties.

SEC. 2. In order that the work of inspection of the mines may be systematized and expedited, the State is hereby divided into two inspection districts, the main line of that division of the Louisville and Nashville railroad, which extends from Louisville, Kentucky, to Nashville, Tennessee, being the division line between them. That part of the State west of the said railroad line shall be known as the first, or western, district, and that part east of said line shall be known as the second, or eastern, district. But, whenever he may deem it advisable to do so, the chief inspector of mines may divide the eastern district into two districts, thus making three inspection districts in all. One of the assistant inspectors shall reside in the western district and have as his especial assignment the inspection of the coal mines thereof; one shall reside in and have as his especial work the inspection of the coal mines of the eastern, or second, district; and one shall work in both districts, as the chief inspector may direct. Whenever the chief inspector may deem it expedient to divide the second district into two districts, he shall assign one of the assistant inspectors to work in the third district resulting therefrom, so that each of the three assistant inspectors (and the two additional ones herein provided for and the one already provided for by law) shall have charge of a district; but all the assistants shall be subject to the rules and regulations laid down by the chief inspector for the general conduct of the oflice of inspector of mines, and whenever the chief inspector may deem it necessary, in the interest of efficient supervision of the mines, to temporarily employ the services of two or of all three assistants at the same time in one and the same district, or whenever he may deem it desirable in the interest of efficient inspection to temporarily change assistants from one district to another, he shall have authority so to do.

SEC. 3. The owner, agent or operator of every coal mine in this State at which the miners are paid by weight shall provide at such mines suitable and accurate scales for the weighing of the coal for which the miners are to be paid; and when differences arise between the owner, agent or operator of the mine and the miners employed in the same as to the accuracy or capacity of the scales, the question shall be referred to the chief State inspector of mines, whose duty it shall be to inspect and test said scales in person or by an assistant inspector of mines, as early as practicable after receiving notification; and should said inspector find the scales inaccurate or defective beyond the limit admitted in scales of standard manufacture, he shall notify the owner, agent or operator of the mine and said scales shall forthwith be repaired and made accurate or accurate scales substituted therefor. Any owner, agent or operator of a coal mine who refuses or fails to comply with instructions to render his mine scales accurate shall be guilty of a misdemeanor and, on conviction, shall be fined not less than five dollars nor more than fifty dollars.

SEC. 4. All mines known to generate fire-damp or explosive gas shall, as nearly as practicable, be inspected every sixty days; and the chief inspector of mines is hereby directed to procure the most efficient and modern appliances and instruments, including a Shaw or other equally efficient gas tester, for detecting and estimating the amount of explosive gas in the mines, the same to be paid for upon the order of the inspector, approved by the governor, and they shall be the property of the State.

SEC. 5. It shall be unlawful for any person, firm or corporation, or any agent, or employee of same, to sell or furnish any oil to be used for illuminating purposes in coal mines in this State, unless the same shall have been inspected, approved and certified as hereinafter provided; and any person, firm or corporation, or the agent or employee of same, violating the provisions of this section, shall be guilty of a misdemeanor and fined not less than ten nor more than fifty dollars for the first offense; and for each subsequent offense shall be fined not less than fifty dollars nor more than one hundred dollars.

SEC. 6. It shall be the duty of the State inspector of mines, in person or by an assistant inspector of mines, to inspect all miners oil or equivalent material used for illuminating purposes in coal mines, and when said oil complies with the requirements and tests of the seventh section of this act, he shall stencil, or otherwise plainly mark, each barrel, cask or package in which it is contained substantially as follows: Approved this day of by Inspector the blanks to be filled out with the date and name of the inspector making the inspection; but if the oil does not come up to the said requirements and tests, the barrel, cask or package shall be so marked substantially as follows: "Rejected for illuminating purposes in the coal mines of the State of Kentucky this- day of by Inspector

the blanks to be filled out with the date and name of the person making the inspection. A record shall be kept in the office of the chief inspector of mines, showing the num

ber of barrels or other packages or gallons inspected, whether approved or rejected, and giving date, place of business and name of the person, firm or corporation for whom inspection was made.

SEC. 7. The requirements and tests which will authorize the approval provided for in the preceding section are as follows: It shall be a pure animal or vegetable oil or other material as free from smoke and bad odor and of equal merit as an illuminant as pure animal or vegetable oil, and not the product or by-product of rosin. The oil must be tested at sixty degrees Fahrenheit. Its specific gravity must not exceed twenty-four degrees Tagliabue. The test must be made in a glass jar one and five-tenths inches in width and seven inches in depth. Should the oil to be tested be below forty-five degrees Fahrenheit in temperature, it must be heated until it reaches eighty degrees Fahrenheit; and should the oil be at or over forty-five degrees Fahrenheit, but below sixty degrees, it must be raised to a temperature of seventy degrees Fahrenheit, and then, after being well shaken, it is to be allowed to cool gradually to a temperature of sixty degrees Fahrenheit before finally being tested. In testing the gravity of the oil, the Tagliabue hydrometer must be, when possible, read from below, and the last line which appears under the surface of the oil shall be regarded as the true reading. Should the oil be opaque or turbid, one-half of the capillary attraction shall be deemed and taken as the true reading. When the oil is tested under difficult circumstances, an allowance of one-half a degree may be made for possible errors in parallax before condemning the oil for use in the mine. All oil or other material used for illuminating purposes in mines shall be contained in barrels, casks or packages branded conspicuously with the name of the dealer, the specific gravity and date of shipment.

SEC. 8. The inspection herein provided for shall be made at all reasonable times and places on request of any person, firm or corporation engaged in selling or furnishing illuminating oil for use in the coal mines of this State.

SEC. 9. Any person using any barrel, cask or package marked with the inspector's approval for the storage of any other oil than that which was contained therein at the time said barrel, cask or package was so marked, shall be guilty of a misdemeanor and punished as provided in the fifth section of this act.

SEC. 10. There shall be provided for the office of inspector of mines all the instruments and appliances necessary for carrying out the provisions of this act, which shall be paid for on the order of the chief inspector, approved by the governor, and which shall belong to the State.

Approved March 21, 1906.

LOUISIANA.

ACTS OF 1906.

ACT No. 5.-Assignment of wages.

SECTION 1. No sale, transfer or assignment of salary or wages of an employee to be earned in the future, that is subsequent to the date of said sale, transfer or assignment, shall be valid or binding upon the employer unless the said employer shall consent to same in writing.

SEC. 2. In the event of any employee of any person, firm or corporation shall make a sale, transfer or assignment of any salary or wages to be earned in the future, to any person, firm or corporation, that the employer can in no manner or form be held responsible unless said employer shall have consented in writing to said sale, transfer or assignment.

Approved June 15, 1906.

ACT No. 13 (Joint resolution proposing an amendment to the constitution).—Inspection of factories-Appointment of female inspectors.

SECTION 1. The following amendment to the constitution of the State [shall] be submitted to the electors of the State at the next general election for representatives in Congress to be holden on the 4th [6th] day of November, 1906, to-wit: Article 210 of the constitution of the State of Louisiana is hereby amended so as to

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allow the appointment or election to office of factory inspectors, of either male or female persons, as provided for by an act entitled "An act to regulate the employment of children, young persons and women in certain cases, and to provide penalties for violations of the provisions of this act," adopted by the general assembly at its session of the year 1906.

Approved June 22, 1906.

(The above amendment was adopted November 6, 1906.)

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