such employees shall be permitted to use same, as above set forth, in front of the counter, table, desk or any fixture when the female employee for the use of whom said seat shall be kept and maintained is principally engaged in front of said counter, table, desk or fixture; and behind such counter, table, desk or fixture when the female employee for the use of whom said seat shall be kept and maintained is principally engaged behind said counter, table, desk or fixture. Any person who violates or omits to comply with any of the foregoing provisions of this section, or who suffers or permits any woman to stand, in violation of its provisions, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars for each offense. ACTS OF 1903. ACT No. 74.-Employment of children. SECTION 1. From and after the first day of May, 1903, no child under Age limit. the age of ten years shall be employed in any factory, mine or textile manufacturing establishment of this State; and from and after the first day of May, 1904, no child under the age of eleven shall be employed in any factory, mine or textile establishment of this State; from and after the first day of May, 1905, no child under the age of twelve years shall be employed in any factory, mine or textile establishment of this State, except as hereinafter provided. SEC. 2. From and after May first, 1903, no child under the age of Night work. twelve years shall be permitted to work between the hours of 8 o'clock p. m. and 6 o'clock in the morning in any factory, mine or textile manufactory of this State: Provided, That children under the age of twelve, whose employment is permissible, under the provisions of this act, may be permitted to work after the hour of 8 p. m. in order to make up lost time, which has occurred from some temporary shut down of the mill, on account of accident or breakdown in the machinery, which has caused loss of time: Provided, however, That under no circumstances shall a child below the age of twelve work later than the hour of 9 p. m. SEC. 3. Children of a widowed mother and the children of a totally Children of dedisabled father, who are dependent upon their own labor for their sup- pendent parents. port, and orphan children who are dependent upon their own labor for their support, may be permitted to work in textile establishments of this State for the purposes of earning their support: Provided, That in the case of a child or children of a widowed mother or of a totally disabled father, the said mother or the said father, and in case of orphan children, the guardian of said children or person standing, in loco parentis of said child or children, shall furnish to any of the persons named in section 4 of this act an affidavit duly sworn to by him or her before some magistrate or clerk of court of the county in which he or she resides, stating that he or she is unable to support the said children, and that the said children are dependent upon their own labor for their support, then, and in that case, the said child or children of the said widowed mother and the said disabled father and said orphan children shall not be affected by the prohibitions of section 1 of this act; and filing of said affidavit shall be full justification for their employment: Provided, further, That the officer before whom the said affidavit shall be subscribed shall indorse upon the back thereof his approval and his consent to the employment of said child or children. Any person who shall swear falsely to the facts set forth in said acts shall be guilty of perjury and shall be indictable as provided by law: Provided, further, That the employment of said child or children shall be subject to the hours of labor herein limited. SEC. 4. Any owner, superintendent, manager or overseer of any Penalty. factory, mine or textile manufacturing establishment, or any other person in charge thereof or connected therewith, who shall knowingly employ any child contrary to the provisions of this act, shall be guilty of a misdemeanor, and for every such offense shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, at the discretion of the court. SEC. 5. Any parent, guardian or other person having under his Same subject. or her control any child, who consents, suffers or permits the employ Certificates. Proof of age. Ten hours day's work. a Earnings separate property. Age limit. ment of his or her child or ward under the ages as above provided, or who knowingly or willfully misrepresents the age of such child or ward to any of the persons named in section 4 of this act, in order to obtain employment for such child or ward, shall be deemed guilty of a misdemeanor, and for every such offense shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, in the discretion of the court. SEC. 6. Any parent, guardian or person standing in loco parentis, who shall furnish to the persons named in section 4 of this act a certificate that their child or ward has attended school for not less than four months during the current school year and that said child or children can read and write, may be permitted to obtain employment for such child or children in any of the textile establishments of this State during the months of June, July and August, and the employment of such child or children during the said months upon the proper certificate that such child or children have attended school as aforesaid, shall not be in conflict with the provisions of this act. SEC. 7. In the employment of any child under the age of twelve years in any factory, mine or textile manufacturing establishment, the owner or superintendent of such factory, mine or textile manufacturing establishment shall require of the parent, guardian or person standing in loco parentis of such child, an affidavit giving the age of such child, which affidavit shall be placed on file in the office of the employer; and any person knowingly furnishing a false statement of the age of such child shall be guilty of a misdemeanor, and for every such offense shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer than thirty days, in the discretion of the court. ACTS OF 1907. ACT No. 233.-Hours of labor of employees in cotton and woolen mills. SECTION 1. Ten hours a day, or sixty hours a week, shall constitute the hours for working for all operatives and employees in cotton and woolen manufacturing establishments engaged in the manufacture of yarns, cloth, hosiery and other products for merchandise except mechanics, engineers, firemen, watchmen, teamsters, yard employees and clerical force. All contracts for longer hours of work other than herein provided in said manufacturing establishments shall be, and the same are hereby, declared null and void; and any person entering into or enforcing such contracts shall be deemed guilty of a misdemeanor, in each and every instance, and on conviction in a court of competent jurisdiction shall be fined a sum of money not less than $25 nor more than $100, or imprisonment not exceeding thirty days: Provided, That nothing herein contained shall be construed as forbidding or preventing any such manufacturing company from making up lost time, to the extent of sixty hours per annum, where such lost time has been caused by accident or other unavoidable cause. SOUTH DAKOTA. CONSTITUTION. ARTICLE XXI.-Earnings of married women. SECTION 5. * * * All property to which [a woman] may after marriage become in any manner rightfully entitled, shall be her separate property, and shall not be liable for the debts of her husband. REVISED CODES OF 1903. POLITICAL Code. Employment of children in mines. SECTION 145. All corporations or individuals working mines in South Dakota who shall employ, or permit to be employed, in such mines any children under fourteen years of age shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars. Employment of minors in barrooms. SECTION 2844 (as amended by chapter 165, Acts of 1903). Employ ment it shall also be unlawful for any person to whom any license may be forbidden. SECTION 102. * * CIVIL CODE. Earnings of married women. * 2. The earnings of the wife are not liable Earnings sepa for the debts of the husband. * * * rate property. valid, SECTION 124. The wages of a minor employed in service may be Payments to paid to him or her until the parent or guardian entitled thereto gives minors the employer notice that he claims such wages. PENAL CODE. Hours of labor of women and children. when. SECTION 764. Every owner, stockholder, overseer, employer, clerk or Limit of ten foreman of any manufactory, workshop or other place used for mechan-hours. ical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding one hundred and not less than ten dollars. ACTS OF 1907. CHAPTER 135.-Employment of children-Age limit. term. SECTION 150. No child under the age of fifteen years shall be em- Employment ployed, permitted or suffered to work at any gainful occupation in any during school mine, hotel, laundry, manufacturing establishment, factory, passenger or freight elevator [,] bowling alley, or in any saloon, theater, concert hall or place of amusement where intoxicating liquors are sold, or as messenger or driver thereof, or in any other manner in work performed for wages or other compensation, to whomsoever payable, during any portion of any month during the hours when the public schools of any district in which he or she resides are in session. Every owner, superintendent or overseer of any mine, factory, workshop, mercantile establishment, or any other person who shall employ any child under fifteen years of age contrary to the provisions of this article shall be deemed guilty of a misdemeanor, and for every offense shall upon conviction thereof be fined not less than $10 nor more than $50 and costs. Any person having the control of a child or who may have children in his employ, who with the intent to evade the provisions of this article shall make a willfully false statement concerning the age of such child or in regard to facts covered by any other provision of this article, shall for such an offense be fined in any sum not less than $10 nor more than $50 for the use of the public school corporation. Age limit. Penalty. Enforcement. Water-closets. Males excluded. Penalty. Seats to be vided. pro Preventing use. Penalty. TENNESSEE. ACTS OF 1893. CHAPTER 159 (as amended by chapter 34, Acts of 1901).-Employment of children-Age limit. SECTION 1. It shall be unlawful for a proprietor, foreman, owner or other person to employ any child less than 14 years of age in any workshop, factory or mine in this State; unless said proprietor, foreman or owner shall know the age of the child, it shall be his or their duty to require the parent or guardian to furnish a sworn statement of its age, and any swearing falsely to such by the parent or guardian shall be perjury and punishable as such. SEC. 2. Any proprietor, foreman or owner employing a child less than 14 years of age in conflict with the provisions of this act, except where such proprietor, foreman or owner has been furnished with a sworn statement of guardian or parent, that the child is more than 14 years of age, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $25 and not more than $250. SEC. 3. The grand jury shall have inquisitorial powers to investigate violations of this act, and judges of the circuit and criminal 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. The employment of a child in violation of this law constitutes such negligence as makes the employer liable for all injuries sustained by the infant in the course of his employment. 65 S. W. Rep. 299. [The following annotation is based on an act of 1881, relating to employment in mines only:] The employment of a boy under twelve years of age in violation of this statute is negligence, but the defense of contributory negligence may be set up in an action by such boy for injuries sustained by reason of his employment. 32 S. W. Rep. 460. ACTS OF 1897. CHAPTER 98.-Factories and workshops-Provisions for female employees. SECTION 1. All persons hiring or employing female help in any manufacturing or mercantile business or establishment, shall provide separate privies or water-closets for such female help. SEC. 2. No male person shall enter such separate privies or waterclosets except for the purpose of repairing or cleaning the same. SEC. 3. A violation of the foregoing sections shall be a misdemeanor punishable by a fine of not less than two or more than ten dollars. ACTS OF 1905. CHAPTER 171.-Seats for female employees. SECTION 1. All proprietors or owners of any retail, jobbing, or wholesale dry-goods store, or dealers in notions, millinery, or any other business where any female help are employed for the purpose of serving the public in the capacity of clerks or sales ladies, shall provide a chair or stool for each one of such female help or clerks, in order that during such period as they are not actively engaged in making sales or taking stock or performing other duties of their employment, they may have an opportuntity to be seated and to rest. SEC. 2. Any proprietor, owner, or dealer, mentioned in section 1 of this act, who shall undertake by any direction or order to prohibit or prevent any one of such female help or clerks to use the seats provided for in the foregoing section shall be guilty of a misdemeanor, and, upon conviction, shall be fined as provided in the next section of this act. SEC. 3. Any owner, proprietor, or dealer, mentioned in the foregoing sections, who shall neglect or refuse to obey and observe the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not less than ten dollars and not exceeding one hundred dollars for the first offense, and in the event said owner or proprietor shall continue to disobey said act he shall be subjected to a fine at the rate of one dollar daily for every chair he fails to furnish his said employees, and for every violation of section 2 of this act such owner, proprietor, or dealer shall, upon conviction, be fined not less than ten dollars and not exceeding one hundred dollars for each and every violation. ACTS OF 1907. CHAPTER 256.-Hiring out children to support parents in idleness. SECTION 1. The following persons are and shall be defined and punished as vagrants-viz: * *. * * * (n) All persons who, though able to work, fail to do so, but hire out their minor children, or allow them to be hired out, and subsist upon their wages. * * * * * CHAPTER 308.-Employment of women and children-Hours of labor. SECTION 1. Commencing January 1, 1908, it shall be unlawful for any person, firm, or corporation to employ in any manufacturing establishment in this State any female, or any child under the age of sixteen years, more than sixty-two (62) hours in any one week. SEC. 2. Commencing January 1, 1909, it shall be unlawful for any Limit in 1909. person, firm, or corporation to employ in any manufacturing establishment in this State any female, or any child under the age of sixteen years, more than sixty-one (61) hours in any one week. SEC. 3. Commencing January 1, 1910, it shall be unlawful for any Limit in 1910. person, firm, or corporation to employ in any manufacturing establishment in this State any female, or any child under the age of sixteen years, more than (60) hours in any one week. SEC. 4. Every violation of this act is hereby declared to be a misdemeanor punishable by a fine of not less than twenty-five ($25) dollars and not more than one hundred ($100) dollars for each offense. TEXAS. ACTS OF 1903. CHAPTER 28.-Employment of children. Violations. SECTION 1. Any person or any agent or employee of any person, firm Age limit. or corporation, who shall hereafter employ any child under the age of twelve years to labor in or about any mill, factory, manufacturing establishment, or other establishment using machinery, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, and not more than two hundred dollars, and each day the provisions of this act are violated shall constitute a separate offense. SEC. 2. Any person, or any agent or employee of any person, firm or Illiterates. corporation, who shall hereafter employ any child between the ages of twelve and fourteen years (who can not read and write simple sentences in the English language) to labor in or about any mill, factory, manufacturing establishment, or other establishment using machinery, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, nor more than two hundred dollars; and each day the provisions of this act are violated shall constitute a separate offense: Provided, That such child who has a widowed mother, or parent incapacitated to support it, may be employed between the hours of 6 a. m. and 6 p. m.: Provided, further, That such parent is incapacitated from earning a living, and has no means of support other than the labor of such child; and in no event shall any child between Night work. the ages of twelve and fourteen years be permitted to work outside the hours between 6 a. m. and 6 p. m. Mines, distill SEC. 3. Any person, or agent or employee of any person, firm or corporation, owning, operating or assisting in operating, any mine, distil- eries, etc. fery or brewery, who shall employ any child under the age of sixteen years to labor in or about any mine, distillery or brewery, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty, not more than two hundred dollars. |