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Sec. 4. On and after September 1, 1907, no child except as hereto- School attendfore provided, under fourteen years of age, shall be employed or ance. allowed to labor in or about any factory or manufacturing establishment within this State, unless he or she can write his or her name and simple sentences and shall have attended school for twelve weeks of the preceding year, six of which school attendance shall be consecutive; and no such child as aforesaid between the ages of fourteen and eighteen years shall be so employed unless such child shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive; and at the end of each year, until such child shall have passed the public school age, an affidavit certifying to such attendance, as is required by this section, shall be furnished to the employer by the parent or guardian or person sustaining parental relations to such child.
The provisions of this section shall apply only to children entering such employment at the age of fourteen or less.
Sec. 5. It shall be unlawful for any owner, superintendent, agent Certificates. orany other person acting foror in behalf of any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent or guardian or person standing in parental relation thereto, certifying to the age and date of birth of such child, and other facts required in this act.
Any person knowingly furnishing a false affidavit as to the age or as to any other facts required in this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not exceeding one hundred dollars.
Sec. 6. The affidavits and certificates required in this act shall be List to be open. open to inspection by the grand juries or the citizens of any county where such factory or manufacturing establishments are located.
Sec. 7. Any person or agent, or representative of any firm or corpo- Violations. ration, who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not exceeding one hundred dollars. Any parent, guardian or other person standing in parental relation to a child who shall hire or place for employment or labor in or about any factory or manufacturing establishment within this State a child in violation of any provision of this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not exceeding one hundred dollars.
Sec. 8. Each day during which this act is violated, where the viola- Separate of tion is continuous, shall constitute a separate offense.
CONSTITUTION. ARTICLE 20.—Sex no disqualification for employment. SECTION 18. No person shall, on account of sex, be disqualified from Sex not a bar. entering upon or pursuing any lawful business, vocation, or profession. DEERING'S CODES AND STATUTES-1885.
VOL. II.-CIVIL Code.
Earnings of minors. SECTION 212. The wages of a minor employed in service may be Wages paid paid to him until the parent or guardian entitled thereto gives the minor, when. employer notice that he claims such wages.
Vol. IV.-PENAL CODE.
Certain employments of children forbidden. SECTION 272 (as amended by chapter 158, Acts of 1901, and chap- Mendicant, acter 568, Acts of 1905); Any person, whether as parent, relative, guard-robatic, etc., ocian, employer, or otherwise, having the care, custody, or control of cupations. any child under the age of sixteen years, who exhibits, uses, or employs, or in any manner, or under an pretense, sells, apprentices, gives away, lets out, or disposes of any 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, contortionist, or rider, in any place whatsoever, or for or in any obscene, indecent or immoral purposes, 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. Nothing in this section contained applies to or 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; or the employment of any child as a musician at any concert or other musical entertainment, on the written consent of the mayor of the city or president of the board of trustees of the city or town where such concert or entertainment takes place.
is constitutional. 86 Pac. Rep. 809. Iliring, etc. Sec. 273 (added by chapter 158, Acts of 1901, and chapter 568, Acts
of 1905). Every person who takes, receives, híres, employs, uses, exhibits, or has in custody, any child under the age, and for any of the purposes mentioned in the preceding section, is guilty of a like offense,
and punishable by a like punishment as therein provided. Sending as SEC. 273e (added by chapter 158, Acts of 1901, and chapter 568, Acts
of 1905). Every telephone, special-delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such
house, theater, or other place, is guilty of a misdemeanor. Same subject.
SEC. 273f (added by chapter 294, Acts of 1907). Any person whether as parent, guardian, employer, or otherwise, and any firm or corroration, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon, gambling house, house of prostitution, or other immoral place, any minor under the age of eighteen years, is guilty of a misdemeanor.
SUPPLEMENT OF 1889.
Seats for female employees.
(Page 554. Act of February 6, 1889.) Seats to be pro- SECTION 5 (as amended by chapter 12, Acts of 1903). Every person,
firm, or corporation employing females in any manufacturing, mechanical, or mercantile establishment shall provide suitable seats for the use of the females so employed, and shall provide such seats to the number of at least one-third the number of females so employed; and shall permit the use of such seats by them when they are not neces
sarily engaged in the active duties for which they are employed. Penalty Sec. 6. Any person or corporation violating any of the provisions
of this act be punished by a fine of not less than fifty nor more than one hundred dollars for each offense.
Sec. 7. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act.
ACTS OF 1905.
Chapter 18.-Employment of children. Hours of labor. SECTION 1. No minor under the age of eighteen shall be employed
in laboring in any manufacturing, mechanical, or mercantile establishment, or other place of labor, more than nine hours in one day, except
when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and ín no case shall the hours of labor exceed fifty-four hours in a week.
Sec. 2 (as amended by chapter 524, Acts of 1907). No minor under Night work. the age of sixteen years shall be employed or permitted to work in any mercantile institution, office, laundry, manufacturing establishment, or workshop between the hours of ten o'clock in the evening and six o'clock in the morning.
No child under fourteen years of age shall be employed in any Age limit. mercantile institution, office, laundry, manufacturing establishment, workshop, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages.
Provided, That the judge of the juvenile court of the county, or
And provided, That the attendance officer of any county, city and Attendance county, or school district in which any place of employment, in this officer may invessection named, is situated, shall have the right and authority at all tigate. times to enter into any such place of employment for the purpose of investigating violations of the provisions of this act,
** 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,
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 Vacation perbe employed at any of the occupations mentioned in this act during mits. 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 einployment 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 auch school shall be held to be sufficient evidence of such attendance.
List to be post- SEC. 3. Every person, firm, or corporation employing minors under ed.
eighteen years of age, in any manufacturing establishment, shall post, and keep posted, in a conspicuous place in every room where such help is employed, a written or printed notice stating the number of hours per day for each day of the week required of such persons.
Every person, firm, corporation, agent or officer of firm or corporation employing or permitting minors under sixteen years and over fourteen years of age to work in any mercantile institution, office, laundry, manufacturing, establishment, workshop, 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, and shall have on file a certificate of age and schooling, as provided in this act, for every such minor so employed, said record and certificate to be open at all times to the inspection of those whose duty it is to enforce the provisions of the act.
An age and schooling certificate shall be approved only by the schooling certifi
superintendent of schools of the city or city and county, or by a person authorized by him, in writing, or where there is no city or city and county superintendent of schools, by a person authorized by the local school trustees: Provided, That the superintendent or principal of any school of recognized standing shall have the right to approve an age and schooling certificate, and shall have the same rights and powers as the superintendent of public schools to issue the certificate herein provided, for children attending such schools. The persons authorized to issue age and schooling certificates shall have the authority to administer the oaths necessary for carrying out the provisions of this act, but no fee shall be charged for issuing such certificates.
An and schooling certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of birth or baptism of such child, the public register of birth of such child, or in some other manner, that such child is of the age stated in the certificate.
A duplicate copy of each age and schooling certificate granted under the provisions of this act shall be kept by the person issuing such certificate, such copy to be filed with the county superintendent of schools in the county where the certificate was issued: Provided, That all such copies of certificates issued between June 25th and December 25th of any year shall be filed not later than Decenber 31st of such year, and those issued between December 25th and June 25th of the ensuing year shall be filed not later than June 30th of each year. Such certificates shall be substantially in the following form, to wit:
AGE AND SCHOOLING CERTIFICATE. This certifies that I am the (father, mother, or guardian) of (name of child), and that (he or she) was born at (name of town or city), in the county of (name of county, if known) and State (or country) of (name); on the (day and year of birth), and is now (number of years and of months old.
(Signature as provided in this act.) (Town or city, and date.)
There personally appeared before me the above-named (name of person signing) and made oath that the foregoing certificate by (him or her) signed is true to the best of his or her) knowledge and belief.
I hereby approve the foregoing certificate of (name of child), height (feet and inches), complexion (fair or dark), hair (color), having no sufficient reason to doubt that (he or she) is of the age therein certified, and I hereby certify that (he or she) can or can not read English at sight, and can or can not write legibly simple sentences in the English language. (Signature of the person authorized to sign, with his
official character and authority.) (Town or city, and date.)
This certificate belongs to (the person in whose behalf it is drawn), and it shall be surrendered to (him or her) whenever (he or she) leaves the services of the person, firm, or corporation holding the same.
The certificate as to the birthplace and age of the minor under sixteen and over fourteen years of age shall be signed by his father, his mother, his guardian; if a child has no father, mother, or guardian living in the same city or town, his own signature to the certificate may be accepted by the person authorized to approve the same.
Every person authorized to sign the certificate prescribed by this act, who knowingly certifies to any false statement therein, is guilty of a misdemeanor and upon conviction thereof shall be fined not less than five nor more than fifty dollars, or imprisoned not more than thirty days, or by both such fine and imprisonment.
ŠEC. 4. Any person, firm, corporation, agent, or officer of a firm or Penalty. corporation that violates or omits to comply with any of the foregoing provisions of this act, or that employs, or suffers, or permits any minor to be employed in violation thereof, is guilty of a misdemeanor and shall, on conviction thereof be punished by a fine of not less than fifty dollars or more than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment, for each and every offense. A failure to produce any age and schooling certificate or permit, or to post any notice required by this act, shall be prima facie evidence of the illegal employment of any person whose age and schooling certificate or permit is not produced, or whose name is not so posted. Any fine collected under the provisions of this act shall be paid into the school funds of the county, or city and county, in which the offense occurred.
Sec. 5 (as amended by chapter 322, Acts of 1907). Nothing in this Agricultural, act shall be construed to prohibit the employment of minors at agricul-etc., labor. tural, horticultural, viticultural or domestic labor, during the time the public schools are not in session, or during other than school hours. For the purpose of this act, horticulture shall be understood to include the curing and drying, but not the canning, of all varieties of fruit.
Sec. 6. It shall be the duty of the commissioner of the bureau of Enforcement. labor statistics to enforce the provisions of this act. But any person may lay an information before a magistrate of the commission of any public offense defined in this act.
This act is constitutional. 86 Pac. Rep. 896.
ARTICLE 16.—Employment of children in mines. SECTION 2. The general assembly * * shall prohibit the Age limit. employment in the mines of children under twelve years of age.
[See section 2801h2, below.}
MILLS' ANNOTATED STATUTES OF 1891 AND SUPPLEMENT
Certain employments of children forbidden. SECTION 409. It shall be unlawful for any person having the care, Immoral, etc., custody or control of any child under the age of fourteen years, to occupations. exhibit, use or employ as an actor or performer in any concert hall or room where intoxicating liquors are sold or given away, or in any variety theater, or for any illegal, obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage such child to engage therein. Nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or at any respectable entertainment, or the teaching or learning the science or practice of music.
Sec. 410. It shall also be unlawful for any person to take, receive, Employing hire, employ, use, exhibit or have in custody any child under the age
children. and for the purpose prohibited in the first section of this act.
Sec. 412. Any person who shall be convicted of violating any of the Penalty. provisions of the preceding sections of this act, shall be fined not