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have the right and authority, at all times to enter into any such place of employment for the purpose of investigating violations of the provisions of this act, or violations of the provisions of an act entitled "An act to enforce the educational rights of children and providing penalties for violatons of the act,” approved March 24th, 1903, and amended March 20th, 1905: Provided, however, That if such attendance officer is denied entrance to such place of employment, any magistrate may, upon the filing of an affidavit by such attendance officer setting forth the fact that he has good cause to believe that the provisions of this act, or the act herein before referred to, are being violated in such place of employment, issue an order directing such attendance officer to enter said place of employment for the purpose of making such investigations:
And provided, That any such child, over the age of twelve years, may be employed at any of the occupations mentioned in this act during the regular vacation of the public schools of the city, county, or city and county in which the place of employment is situated, upon the production of a permit signed by the principal of the school which such child has attended during the term next preceding any such vacation. Such permit shall contain the name and age of the child to whom it is issued, and the date of the termination of the vacation for which it is issued, and shall be kept on file by the employer during the period of employment, and at the termination of such employment shall be returned to the child to whom it was issued.
No minor who is under sixteen years of age shall be employed or permitted to work at any gainful occupation during the hours that the public schools of the city, town or school district in which his place of employment is situated are in session, unless he or she can read English at sight and can write legibly and correctly simple English sentences, or unless he or she is a regular attendant for the then current term at a regularly conducted night school. A certificate of the principal of such school shall be held to be sufficient evidence of such attendance. Approved March 23, 1907.
ACTS OF 1907.
Hours of labor of cmployees in mines and smelters.
(Page 97.) Section 1. The period of employment of working men in all underground mines or workings shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.
SEC. 2. The period of employment of workingmen in smelters, and in all other institutions for the refining or reduction of ores or metals, shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.
ŠEC. 3. Any person, body corporate, agent, manager or employer who shall violate any of the provisions of sections 1 or 2 of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00). nor more than three hundred dollars ($300.00), or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Approved on the 26th day of February, 1907.
(Page 223.) SECTION 1. The first day of the week, commonly called Sunday, is hereby set apart as a day of public rest.
Sec. 2. It shall be unlawful for any person or persons in this State to keep open on Sunday for the purpose of any business, trade, or sale of goods, wares, or merchandise, any shop, store, building, or place of business whatever: Provided, That hotels and restaurants may furnish lodging and meals, and, Provided, That this section shall not apply to livery stables, or to stores in so far as the sale of medicines or sick room supplies are concerned, or to undertakers while providing for the dead, or to news stands in so far as the quiet sale and delivery of daily papers and magazines is concerned, nor to sale of nonintoxicating refreshments, candies and cigars.
Any person or persons violating this section shall be guilty of a misdemeanor and on conviction thereof said offender shall be fined in any sum not less than twentyfive dollars ($25.00) nor more than one hundred dollars ($100.00), or shall be imprisoned in the county jail not to exceed thirty days and upon a second conviction by both such fine and imprisonment.
Approved March 12, 1907.
Employment of children.
(Page 248.) SECTION 1. No child under fourteen years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages. It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any such business or service whatever during the hours in which the public schools of the district in which the child resides are in session, or before the hour of six o'clock in the morning, or after the hour of nine o'clock in the evening: Provided, That any such child, over the age of twelve years may be employed at any of the occupations mentioned in this act during the regular vacations of two yeeks or more of the public schools of the district in which such child resides.
SEC. 2. No minor who is under sixteen years of age shall be employed or permitted to work at any gainful occupation during the hours that the public schools of the school district in which he resides are in session, unless he can read at sight and write legibly simple sentences in the English language, and has received instruction in spelling, English grammar, and geography and is familiar with the fundamental operations of arithmetic up to and including fractions, or has similar attainments in another language.
Sec. 3. Every person, firm, corporation, agent or officer of a firm or corporation employing or permitting minors under sixteen years of age and over fourteen years of age to work in any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, shall keep a record of the names, ages, and places of residence of such minors.
Sec. 4. No person under the age of sixteen years shall be employed or suffered or permitted to work at any gainful occupation more than fifty-four hours in any one week, nor more than nine hours in any one day; nor before the hour of six o'clock in the morning nor after the hour of nine o'clock in the evening.
SEC. 5. Whoever employs a child under sixteen years of age, and whoever, having under his control a child 'under such age permits such child to be employed in violation of sections 1 and 2 of this act shall, for such offense, be fined not more than fifty dollars, and whoever continues to employ any child in violation of either of said sections of this act after being notified by a truant officer, probation officer or school authority shall, for every day thereafter that such employment continues be fined not less than five nor more than twenty dollars. A failure to produce to a truant officer, policeman, probation officer or school authority, the age record required by this act shall be prima facie evidence of the illegal employment of any person whose age record is not produced. Any parent, guardian or custodian of a minor under sixteen years of age who knowingly swears falsely as to the age of such child for the purpose of obtaining an age record, is guilty of perjury.
Sec. 6. Any person, whether as parent, relative, guardian, employer or otherwise, having the care, custody or control of any child under the age of sixteen years, whó exhibits, uses or employs in any manner or under any pretense, sells, apprentices, gives away, lets out or disposes of such child to any person, under any name, title or pretense, for or in any business, exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, acrobat, or contortionist, or rider, or in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for or in any mendicant, or wandering business whatsoever, or who causes, procures or encourages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every person who takes, receives, hires, employs, uses, exhibits or has in custody any child under the age and for any of the purposes mentioned in this section, is guilty of a like offense and punishable by like imprisonment. Nothing in this section contained applies to or effects [affects] the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning of the science or practice of music.
Sec. 7. Any person, whether as parent, guardian, employer or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed, any minor, to any saloon, gambling house, house of prostitution or other immoral place; or who shall employ any minor to serve intoxicating liquors to customers, or who shall employ a minor in handling intoxicating liquor or packages containing such liquors in a brewery, bottling establishment or other place where such liquors are prepared for sale or offered for sale, shall, for each offense, be punished by a fine of not less than fifty dollars or imprisonment for not less than two months or by both such fine and imprisonment.
Sec. 8. The probation officer, or in counties where there is not [no] probation officer, one or more of the school trustees, shall visit the various places of employment mentioned in sections 1 and 7 of this act and ascertain whether any minors are employed therein contrary to the provisions of this act, and they shall bring complaint for offenses under this act to the attention of the prosecuting attorney for prosecution, but nothing herein shall be held to probibit any reputable citizen from bringing complaint for violations of this act. All offenses under this act shall be prosecuted in the probate court. Approved March 12, 1907.
Railroads-Height of wires over tracks.
(Pege 535.) SECTION 1. It shall hereafter be unlawful for any corporation or person to string any wire, electric or other, over the tracks of any railroad company, except at such places and in such manner as shall be authorized and approved by the board of county commissioners of the county wherein such crossing with such wire is proposed, and any corporation or person desiring to so string any wire shall give such railroad company notice in writing of the place and manner in which it desires to string the same, and the place where, and the time when, it will apply to said board of county commissioners for approval and authority as above required, which notice shall be served at least ten days before the time of hearing of such application.
SEC. 2. The board of county commissioners of the several counties in the State of Idaho shall, as soon as possible after the passage of this act, either by personal examination or otherwise, obtain information as to all places where the tracks of railroad are crossed by wires strung over said tracks, and whenever in its judgment such wires should be raised to a greater height, or other thing done with reference thereto to guard against accidents, shall order such change or changes to be made, and shall apportion any expense incident thereto between the companies or persons affected, as may be deemed just and reasonable: Provided, That in no case shall the height of any wire strung or to be strung across or over such or any railroad tracks be less than twenty-five feet, excepting trolley wires, which shall not be less than twenty feet from the top of the rail of said railroad tracks.
SEC. 3. It shall be the duty of every corporation and persons to whom an order made by the board of county commissioners of the respective counties in said State under this act shall be directed, to comply with such order in accordance with its terms, and for any neglect to so comply therewith any such corporation or person shall be liable to a penalty of $100.00, and to a like penalty for every ten days during which said neglect shall continue. Any such penalty may be recovered by an appropriate action instituted by the county where such violation or disobedience has been committed, and said penalty shall be recovered by said county, and it shall be the duty of the prosecuting attorney of the district in which said county is located to bring and prosecute any such action in the name of the county at the request of the said board of county commissioners.
Approved March 15, 1907.
ACTS OF 1907.
CHAPTER 46.—Employment of children-Age limit.
SECTION 1. Section fifty-two of chapter forty of the Revised Statutes is hereby amended
so that said section as amended shall read: Section 52. No child under fourteen years of age, shall be employed in any manufacturing or mechanical establishment in the State. Whoever, either for himself, or as superintendent, overseer or agent of another, employs or has in his employment any child in violation of the provisions of this section, shall be punished by a fine of not less than twenty-five, nor more than fifty dollars for each offense.
Sec. 2. Sections fifty-three, fifty-four and fifty-five of said chapter forty are hereby repealed.
SEC. 3. Chapter forty of the Revised Statutes is hereby amended by inserting as section fifty-three of said chapter the following:
Section 53. Any child over fourteen years of age, and under sixteen years of age, applying for employment in any manufacturing or mechanical establishment in this State, or any person applying in his behalf, shall produce and present to the owner, superintendent or overseer of such establishment a certified copy of the town clerk's record of the birth of such child, or a certified copy of his baptismal record showing the date of his birth, or his passport showing said date of birth, and without the production and presentation of said town record, baptismal record or passport, such child shall not receive the employment applied for. The employer shall retain such town record, baptismal record or passport and shall issue to such child a certificate containing the name of the child, the name of his parents, if living, or guardian, if any, with the residence of said child, parent or guardian, and such other facts as may be required by the inspector of factories, workshops, mines and quarries, which certificate shall be furnished in blank by said inspector and shall be approved as to form by the attorneygeneral. The employer shall furnish to said inspector a copy of each certificate thus issued immediately after the issuance of the original, which copy shall be retained by the inspector upon a file prepared for that purpose. When such child leaves such employment the employer shall return to such child the copy of town record, baptismal record, or passport furnished by him as aforesaid and shall immediately notify said inspector that such child has left his employment, and the date of such leaving. The inspector of factories, workshops, mines and quarries, or either of his assistants, may demand the names of the children under sixteen years of age employed in such establishment, in the several cities and towns of the State, and may require that the certificates of age prescribed in this section, shall be produced for his inspection, and a failure to produce the same, shall be prima facie evidence that the employment of such child is illegal.
Sec. 4. Said chapter forty is further amended by inserting as section fifty-four the following:
Section 54. The penalties provided by section fifty-two of this chapter shall apply to all provisions of section fifty-three. It shall be the duty of the inspector of factories: workshops, mines and quarries, and of his assistants to investigate and prosecute all violations of the provisions of the two preceding sections.
Sec. 5. Section fifty-six of said chapter forty is hereby amended by renumbering the same as section fifty-five and * * [otherwise), so that said section as amended shall read as follows:
Section 55. Nothing in the seven preceding sections shall apply to any manufacturing establishment or business, the materials and products of which are perishable and require immediate labor thereon, to prevent decay thereof or damage thereto: Provided, however, The employment of children therein shall be under the supervision of said inspector who shall on complaint investigate the sanitary conditions, hours of labor, and other conditions detrimental to children and if in his judgment he finds detrimental conditions to exist, he may, in conjunction with the municipal officers of the town or city of which the complaint is made, prohibit the employment of children therein until such conditions are removed.
Sec. 6. This act shall take effect September first, nineteen hundred and seven. Approved March 6, 1907.
CHAPTER 84.- Employment agencies. Section 1. No person shall open, keep or carry on any employment agency unless he shall first procure from the municipal officers of the city or town where said agency is to be located a license for the same, which license shall be issued by the municipal officers upon the payment of twenty dollars for the use of said city or town. Such license shall be signed by one or more of the municipal officers and shall be issued for the term of one year from its date and shall apply only to the person to whom it is issued.
SEC. 2. Every person applying for a license as provided in the preceding section shall file with said municipal officers a bond in favor of the inhabitants of the city or town wherein such application is made in the sum of five hundred dollars, with surety approved by the municipal officers, conditioned that the obligor shall not violate any of the provisions of this act. The municipal officers are hereby given authority, after such notice and hearing as they may deem necessary, to revoke the license of any person, when, in their judgment, said licensed person has violated any of the provisions of this act. The decision of the municipal officers shall be final.
Sec. 3. Every licensed person shall give to each applicant for employment from whom a fee or other valuable thing shall be received for procuring such employment,
which fee or other valuable thing shall in no case exceed the value of one dollar, said fee being in full compensation for all services of said licensed person, a receipt in which shall be stated the name of the applicant, the amount of the fee or other valuable thing, the date, the name or nature of the employment or situation to be procured and a separate receipt in which shall be stated the name and address of the person, firm or corporation, to whom the applicant is referred or sent for work or employment. If the applicant does not obtain a situation or employment through the agency or such licensed person, without fault on the part of said applicant, within six days after the application as aforesaid, said employment agency shall return to such applicant on demand the full amount of the fee or other valuable thing so paid and delivered by said applicant to said licensed person. If a person procuring a position through the agency, as aforesaid, is discharged from his employment within six days after entering therein, without cause or if he shall leave said employment within six days without fault on the part of the employer, the amount paid to said agency by either the employer or the employee, shall be returned to the party paying the same, upon demand made within ten days after said employee ceases to labor: Provided, The party claiming said return shall be the one without fault.
Said employment agency shall exhibit in a public and conspicuous place in his place or office the license which he has obtained from the municipal officers of the city or town wherein said agency is established.
Sec. 4. The term "person” in this act shall include persons, company, society, association, firm or corporation, and the term “employment agency” shall include the business of keeping the intelligence office, employment bureaus or other agencies by procuring work or employment for persons seeking employment, or for acting as agent for procuring such work or employment where a fee or other valuable thing is exacted, charged or received, or for procuring or assisting to procure employment, work or a situation of any kind or for procuring or providing hereby for any person.
Sec. 5. This act shall not apply to the employment of seamen.
Sec. 7. Whoever violates any of the provisions of this act shall be fined not less than ten or more than one hundred dollars to be recovered by complaint or indictment for the use of the State. Approved March 20, 1907.
ACTS OF 1907.
CHAPTER 5.—Hours of labor of employees on railroads. SECTION 1. On all lines of steam railroads or railways operated in whole or in part, within this State the time of labor of locomotive engineers, locomotive firemen, conductors, trainmen, operators and agents acting as operators, employed in running or operating the locomotive engines or trains on or over such railroads or railways in this State shall not at any time exceed sixteen (16) consecutive hours or to be on duty for more than sixteen (16) hours in the aggregate in any twenty-four (24) hour period. At least eight (8) hours shall be allowed them off duty before said engineers, firemen, conductors, trainmen, operators and agents acting as operators, are again ordered or required to go on duty: Provided, however, That nothing in this section shall be construed to allow any engineer, fireman, conductor or trainman to desert his locomotive or train in case of accident, storms, wrecks, washouts, snow blockade or any unavoidable delay arising from like causes, or to allow said engineer, fireman, conductor or trainman to tie up any passenger or mail train between terminals.
Sec. 2. Any railroad company or superintendent, train dispatcher, trainmaster, master mechanic or other railroad or railway official who shall order or require any locomotive engineer, locomotive fireman, conductor, trainman, operator or agent acting as operator, to labor contrary to the provisions of section one of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one hundred ($100.00) dollars or more than five hundred ($500.00) dollars, or by imprisonment of not less than thirty days or more than sixty days in the county jail; and all railroad or railway corporations operating lines of railroads or railways in whole or in part in this State, shall be liable in damages for all injuries to any person of persons resulting from violations of the provisions of section one of this act.
Sec. 3. The provisions of section 1 of this act shall not apply to relief or wreck trains. Approved Feby. 5th, 1907.