I

of local communities to regulate those matters which pertain exclusively to the comfort, well-being and prosperity of the people of the locality. For it has been shown that the preservation of the peace, and the protection of life and property are State functions, and the State cannot shift this responsibility. It is reasonable, therefore, to insist that the State must devise some system of inspection and supervision by which it can compel the local officers to administer the police regulations prescribed by the Legislature, in harmony with the expressed will of the State. It remains for Indiana to do in this field, what she has already done in the sphere of education, charities and correction, public health and, in part, taxation.

III. The Protection of the Life and Health of Persons Engaged in Certain Trades and Professions. The police power of the State is exercised in no realm of greater importance than the protection of the life and health of the people. The instrumentalities which are used to prevent the spread of diseases and to protect the public against the impositions of quacks, have already been discussed in Chapter IV. In this section will be considered the means provided: (1) for shielding the general public from such dangers as only experts can discover; and (2) for the safety of those persons engaged in occupations which are considered especially hazardous to life and health. In some cases it may be found that the legislation has sprung from the combined motives of guarding the pecuniary interests and promoting the physical and social welfare of the people.

Inspection of Oils. Soon after petroleum oils came into use for illuminating purposes, the numerous accidents demonstrated the necessity of providing some means of testing the inflammability of this commodity. The first law in Indiana (1863) was permissive in character, The initiative 1 See page 306 above. 'Laws, 1863, pp. 27-30.

was taken by the citizens themselves, who' made application to the judge of the court of common pleas. He was required to appoint a suitable examiner to test such oils and to reject as dangerous those falling below a certain standard. Penalties were prescribed for the violation of the act, but no reports were required of the inspectors. Neither was it their duty to institute proceedings against the violators of the law. The increasing consumption of petroleum oil led to the elaboration of this law in 1879. In order to carry out more effectually its provisions the administration was placed in the hands of a State Inspector of Oils, who was appointed by the Governor, and was subject to removal by him. The Inspector had authority to appoint deputies and to prepare the forms of brands and stamps, and the general rules and regulations for inspection. It was made the duty of the Inspector or any deputy to enter complaint before any competent court against any trangressor of the law. In case of willful neglect to bring such an action, he was to be deemed guilty of a misdemeanor, and upon conviction to be fined and removed from office.3 This thorough centralization secured uniformity of test and thousands of dollars' worth of property have been saved by excluding poor oils from the State.

Factory Legislation. Prior to the Civil War there are found no laws in Indiana which would fall under the title "factory acts." This is explained by the absence of the socalled factory system before that time. Since the war, however, governmental regulation has been introduced into this field. Such legislation had its beginning in 1867 and,

1 At least five.

In 1889, this power of appointment was conferred upon the State Geologist where it remained until restored to the Governor in 1901. Laws, 1889, p. 44; 1901, p. 518.

'Laws, 1879, Reg. Sess., pp. 162–167.

naturally, applied to children. In that year the employment of children under 16 years of age in any cotton or woolen factory for more than 10 hours a day was prohibited.' For nearly twenty years there was no further progress; but from 1885 to 1893 additional laws in the interest of women and children were enacted. The spirit shown by these acts was good; but they had little practical effect; because no special officers were designated to administer them. Although it was specifically made the duty of the prosecuting attorneys to enforce the acts of 1891 and 1893, these officers had neither the time nor the inclination to make thorough inspections and investigations in order to ascertain to what extent the laws were violated.

A more comprehensive law was enacted in 1897. Along with other provisions it defined the term "manufacturing establishment" more explicitly; raised the minimum age limit of children employed in such establishments to 14 years; prohibited the employment in them of males under 16 years of age and women under 18 years, for more than 10 hours per day or 60 hours per week; fixed the minimum age of persons operating elevators at 15 years;3 forbade the use of tenement houses for shops, except upon the written permit of the inspector; and, finally, created the office of Factory Inspector. This officer is appointed by the Governor, with the advice and consent of the Senate. It is his duty to cause this act to be enforced and to see that all violations of it are prosecuted. For that purpose he is empowered to visit and inspect at all reasonable hours and as often as may be practicable and necessary all manufacturing

Ibid., 1885, Spec. Sess., p. 219; 1889, pp. 364-5; 1891, pp. 62, 331; 1893, PP. 147-8, 360.

In some cases at 18. In 1899, the minimum age of all such operators was made 18.

establishments. He has authority to demand a certificate as to physical fitness from some regular physician in the case of any child who may seem physically unable to perform the labor assigned to it; and to prohibit the employment of any minor that cannot obtain such a certificate. If he deems it necessary, he may require fire escapes, guards about dangerous machinery, retiring rooms for women and the limewashing or painting of walls and ceilings.'

Employers as well as employees were gratified with the improvement which soon resulted. Even business men who at first opposed the law co-operated heartily in its enforcement and considered its provisions of advantage to themselves as well as to the operatives. In very few cases was there any attempt to evade or obstruct the law, and many provisions for the comfort and convenience of employees were made even by those who were not subject to the law.3 In 1899 the provisions of the act were extended to mercantile establishments, laundries, renovating works, bakeries and printing offices. The terms "child," "young person," and "women" were defined to be respectively persons under fourteen, persons over fourteen and under eighteen, and females over eighteen years of age. The employment of women and girls in any capacity in manufacturing establishments between 10 p. m. and 6 a. m. was absolutely prohibited. The execution of the law was put in charge of a Department of Inspection, with a Chief Inspector appointed as in 1897. The Inspector and his deputies have power as notaries public to administer oaths and take affidavits in matters connected with the law.*

The Chief of the Department of Inspection is also charged with the enforcement of the law of 1899,5 providing for the Laws, 1897, pp. 101-108.

2 Annual Report of Factory Inspector, 1897, p. 4. 3 Ibid., 1898, pp. 6, 7, 15. * Laws, 1899, pp. 231-240. Ibid., pp. 473-6.

protection of the public from fire. He has considerable discretionary power in regard to the character of the equipment, et cetera.

In 1901 the enforcement of the law providing for the sanitation of all food-producing establishments, the health of the operatives and the wholesomeness of the food products thereof, was also intrusted to the Department of Inspection.1

While factory legislation has been chiefly in the interest of women and children, a few attempts have been made to protect the adult males employed in certain occupations.

The first industry in Indiana in which there appeared need of State interference to prescribe the conditions of labor in the interest of the health and safety of adult workmen, was coal mining. In 18792 a law forbade the employment of boys under fourteen years of age; specified certain requirements as to the ventilation, the number of outlets, the construction and examination of lifting appliances of mines; and required the employment of competent and sober engineers about the mines. It was at once apparent that the administration of the law could not be left to the regular police officers. Accordingly, in order to provide efficient examination and inspection of the mines and to insure the faithful execution of the law, its administration was placed in the hands of an experienced Mine Inspector appointed directly by the Governor.3 For several years there was more or less difficulty in the way of enforcing the act. But the principle of the law was maintained, its provisions extended, the penalties made more rigorous, the powers of the

1 Laws, 1901, pp. 42-3.

'A bill passed the House in 1872 but failed to become a law. House Journ., Spec. Sess., 1872, pp. 636–7.

3

3 Laws, Reg. Sess., 1879, pp. 19-25.

Reports of Mine Inspector, 1883, pp. 7–12; 1884, p. 8; 1888, p. 10,