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names of persons or concerns supplying such information shall not be
disclosed. Every notice, order, or direction given by the bureau shall
be in writing, signed by a member of the bureau, and be served by him,
or by any officer or disinterested person, as a summons is served in the
district court. Papers so served and all records and documents of the
bureau are hereby declared public documents, and shall not be de-
stroyed within two years after their return or receipt by the bureau.
SEC. 5. Within ten days after the service of any such order or direc- Appeals.
tion of the bureau, any person aggrieved may apply to a judge of the
district court for an order restraining its enforcement, and upon not
more than thirty days' notice a hearing may be had before such court,
or before three impartial expert referees appointed by the court, who
shall file their report within ten days after the hearing. The court may
alter, annul, or affirm the order or direction complained of; the decision
to be based upon the hearing by the court, or upon the report of the
referees. Such decisions shall take the place of the original order. In
case of affirmance, the losing party shall pay reasonable compensation
to the referees, to be fixed by the courts; if the decision be against the
order, such compensation shall be paid out of the appropriation for the
support of the bureau.

SEC. 6. Whenever the bureau learns of a violation of a local ordinance Violations. for the protection of employees it shall give written notice thereof to the proper municipal authorities, and take any steps permissible under the ordinance for its enforcement. If such violation be also a violation of the State law, and such local authorities fail to enforce the ordinance within thirty days after receiving from any person written notice of its violation, the bureau, upon petition of such person, shall investigate the same, and take steps to enforce the law.

SEC. 7. The bureau shall report to the legislature at each regular Reports of busession. Such report shall contain an account of the doings of the reau. bureau, the statistics gathered by it, a statement of all violations of law which have come to its knowledge, and any proceedings had in consequence, and such recommendations as the commissioner deems proper. The report shall be printed and distributed as in the case of other executive documents. The commissioner shall also be empowered to issue and have distributed special reports or bulletins on subjects of investigation by the bureau, of special interest to the welfare and prosperity of the State. Such special reports shall be printed as in the case of other executive documents.

SEC. 8. Any officer, agent, or employee of the bureau who shall disclose the name of any person supplying information at the request of the bureau shall be guilty of a gross misdemeanor. Any person who, having been duly subpoenaed, shall refuse to attend or testify in any hearing held under the direction of said commissioner shall be guilty of a misdemeanor. Any owner or occupant of any factory, mill, workshop, engineering works, store or other place enumerated in section 3 of this act, or the agent of such person, who shall refuse to admit thereto any officer, agent, or employee of the bureau seeking entrance in the discharge of his duty, shall be guilty of a misdemeanor.

Offenses.

SEC. 9. The commissioner shall receive a salary of twenty-six hun- Salaries. dred dollars per year, the assistant commissioner eighteen hundred dollars; and the statistician thirteen hundred dollars. One of said deputy commissioners shall receive twelve hundred dollars per year, and two of said deputy commissioners shall receive eleven hundred dollars each per year; the five factory inspectors shall receive eleven hundred dollars each per year, and the five assistant factory inspectors shall receive one thousand dollars each per year, and the other employees of the bureau such reasonable pay as the commissioner may fix, not exceeding four dollars per day of actual service. The necessary traveling and other expenses of each shall be paid by the State, but no more than ten thousand dollars in addition to the annual salaries shall be expended by the bureau in any one year.

CHAPTER 456.-Factories, workshops, etc.-Female inspector. SECTION 1. The commissioner of labor is hereby authorized and directed to appoint, in addition to the other employees of his department, a competent woman as a special inspector, who shall have all the 27295-No. 73-08-16

Female inspcc

tor.

rights and powers possessed by the other inspectors in the bureau of labor, whose special duty it shall be to examine into the sanitary conditions in all factories, workshops, hotels or restaurants, and all places where women are employed, and report to the bureau any violations of the law, and the existence of any conditions or practices which detract from the general well-being of the women so employed at any such places. The recommendations of said special inspector as to any new laws that may be necessary for the advancement of the interests of women laborers shall be reported by the commissioner of labor to the next legislature.

MISSISSIPPI.

CODE OF 1906.

Doors to open outwardly.

Penalty.

Separate of

fenses.

Inspector.

Accidents to be reported.

Belting, etc., to be guarded.

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fac

shall be so swung

Factories and workshops-Doors to swing outwardly. SECTION 2272. All the doors for ingress and egress to tories with more than twenty employees as to open outwardly from the * workshops; but such doors may be hung on double-jointed hinges, so as to open with equal ease outwardly or inwardly.

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SEC. 2277. Any architect, carpenter, or builder, or the owner or other person, who may hereafter erect or cause to be erected, or aid in erecting, any hotel or other house or structure for the construction of which provisions are made in this chapter, who shall refuse or fail to comply in the erection or construction thereof, with such provisions, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding five hundred dollars.

SEC. 2278. Every days' omission or failure by any person to do whatever under the provisions of this chapter is required to be done or provided, shall be considered and treated as a separate offense.

MISSOURI.

REVISED STATUTES OF 1899.

Factories and workshops-Inspection, etc.

SECTION 6431. It is hereby made the duty of the public authorities of each city in this State, with a population of five thousand inhabitants or more, to appoint an inspector, with deputies, where the same are necessary, to be paid by the cities such reasonable compensation as may be prescribed by ordinance, whose duty it shall be to make frequent inspections of all factories employing exceeding ten persons, and said inspectors may perform such duties as may be prescribed by ordinance, and shall make semiannual reports to the State labor commissioner, and shall also cause any violation of the provisions of this article to be brought to the attention of the grand juries of their respective counties. The duties by this section devolved upon an inspector may, under such regulations as may be prescribed by ordinance, be performed by any city officer designated by ordinance of such city for the purpose.

SEC. 6432. All accidents in manufacturing, mechanical, mercantile or other establishments or places within this State where labor is employed, which prevent the injured person or persons from returning to work within two weeks after the injury, or which result in death, shall be reported by the person in charge of such establishment or place to the commissioner of labor, or deputy inspector, or one of the assistant inspectors provided for by this article, and also to the city or county physician, when there be such an officer, which notice may be given by mail.

SEC. 6433. The belting, shafting, gearing and drums, in all manufacturing, mechanical and other establishments in this State, when so placed as to be dangerous to persons employed therein or thereabout

while engaged in their ordinary duties, shall be safely and securely guarded when possible; if not possible, then notice of its danger shall be conspicuously posted in such establishments.

This section was not intended to make the master an insurer of the safety of his servant, but to increase the degree of care required by the common law. 71 Mo. App. 163.

Failure to comply with the statute is negligence. 160 Mo. 608.

The doctrine of the assumption of risk does not stand in the way of the injured employee's recovery unless his own carelessness caused the injury. 77 S. W. Rep. 1017.

It does not abolish the defense of assumption of risk, nor does it deprive parties of their right to contract regarding the risks of their occupations. 126 Fed. Rep. 495

machinery,

SEC. 6434. No minor or woman shall be required to clean any part, Cleaning, movof the mill, gearing or machinery in any such establishment in this ing etc. State, while the same is in motion, or work between the fixed or traversing parts of any machine, while it is in motion by the action of steam, water or other mechanical power.

be

SEC. 6435. The openings of all hatchways, elevators and wellholes Hatchways. etc., to upon every floor of every manufacturing, mechanical or mercantile guarded. or public building in this State, shall be protected by good and sufficient trapdoors or self-closing hatches or safety catches, or strong guard rails at least three feet high, and all due diligence shall be used to keep such trapdoors closed at all times, except when in actual use by the occupant of the building having the use and control of the same.

SEC. 6436. All manufacturing, mechanical, mercantile or other establishments in this State, of two or more stories in height, in which twenty or more persons are employed above the first floor thereof, shall be provided with at least one or more outside iron fire escapes. For every twenty persons employed on every floor above the second floor of such establishment, there shall be one rope or portable fire escape, and each story shall be amply supplied with means for extinguishing

fire.

Fire escapes

SEC. 6437. In all such establishments the main doors, both inside Doors to open and outside, shall open outwardly, when the inspector, in writing so outwardly. directs; and no outside or inside door of any building wherein labor

is employed shall be so locked, bolted or otherwise fastened during

the hours of labor as to prevent egress.

SEC. 6438. Every factory and workshop in this State where women Lime wash or and children are employed, and where dusty work is carried on, shall paint to be used. be limewashed or painted at least once in every twelve months.

SEC. 6439. No explosive or inflammable compound shall be used in Placing exploany establishment in this State where labor is employed, in such place sives near egress. or manner as to obstruct or render hazardous the egress of operatives in case of fire.

SEC. 6440. In every factory, workshop or other establishment in this Wash rooms for State where girls or women are employed, where unclean work of any women. kind has to be performed, suitable places shall be provided for such girls or women to wash and dress, and stairs in use by female employees

shall in all such establishments be properly screened.

SEC. 6441. Separate water-closets shall be provided for the use of Water-closets. employees of either sex in manufacturing, mechanical, mercantile and other establishments in this State where persons of both sexes are

employed.

SEC. 6442. All manufacturing, mechanical, mercantile and other Ventilation. establishments in this State shall be so ventilated as to render harmless all impurities, as near as may be.

Seats for fe

SEC. 6443. In every manufacturing, mechanical, mercantile and other establishment in this State wherein girls or women are employed, male employees. there shall be provided and conveniently located seats sufficient to comfortably seat such girls or women, and during such times as such girls or women are not necessarily required by their duties to be upon their feet, they shall be allowed to occupy the seats provided.

SEC. 6444. In all establishments in this State wherein labor is emExhaust fans ployed, where any process is carried on by which dust or smoke is for smoke, etc. generated, any one of the inspectors provided for in this article, or the labor commissioner or his deputies, shall have the power and authority to order that a fan or some other contrivance be put in to prevent the inhalation of such dust or smoke by employees.

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SEC. 6445. Where, in the opinion of the commissioner of labor, any establishment wherein labor is employed is so overcrowded with employees as to endanger health or safety, the commissioner of labor, when supported in his opinion by the opinion of some reputable physician, shall be authorized and empowered to prohibit such overcrowding.

SEC. 6446. Whenever the commissioner of labor, or assistant inspector, finds that heating, lighting, ventilating or sanitary arrangements of any establishment where labor is employed, is such as to be dangerous to the health or safety of employees therein or thereat, or the means of egress, in case of fire or other disaster, are not sufficient, or that the building, or any part thereof, is unsafe, or that the belting, shafting, gearing, elevators, drums or other machinery, are located so as to be dangerous to employees, and not sufficiently guarded, or that the vats, pans, ladles or structures filled with molten or hot liquid, or any furnace, be not sufficiently surrounded with proper safeguards, or the platforms, passageways and other arrangements around, in or about any railroad yard or switch be such as to probably lead to injury or accident to those employed in, around or about any such establishment or place, the inspector or assistant inspector shall at once notify the person or persons in charge of such establishment or place to make the alterations or additions necessary within thirty days; and if such alterations or additions be not made within thirty days from the date of such notice, or within such time as said alterations could be made with proper diligence, then such failure to make such alterations shall be deemed a violation of this article.

SEC. 6447. All scaffolds or structures used in or for the erection, repairing or taking down of any kind of building shall be well and safely supported, and of sufficient width, and so secured as to insure the safety of persons working thereon, or passing under or about the same, against the falling thereof, or the falling of such materials or articles as may be used, placed or deposited thereon. All persons engaged in the erection, repairing or taking down of any kind of building shall exercise due caution and care so as to prevent injury or accident to those at work or near by.

SEC. 6448. All platforms, passageways, steps, flag offices and other structures or arrangements in and around all railroad yards, switches, roundhouses, switch offices, freight houses and passenger depots, shall be located, placed and arranged so as to insure, as far as possible, the safety of employees from injury or accident.

SEC. 6449. Within one month after the occupancy of any factory, workshop or mill, the occupant shall notify the inspector, in writing of such occupancy.

SEC. 6450. Any person or persons, firm or corporation, being the owner, agent, lessee or occupant of any manufacturing, mechanical, mercantile or other establishment, business or calling in this State to which this article applies, or any employee therein or thereat, who shall violate, or aid or abet in violating, any of the provisions of this article, shall be deemed guilty of a misdemeanor, and, upon conviction in any court of competent jurisdiction in this State, be fined for the first offense not less than twenty-five dollars nor more than two hundred dollars, and for each subsequent offense, not less than one hundred dollars nor more than five hundred dollars, and, in default of payment of such fine and costs, shall be committed to the common jail of the county or city in which the offense was committed until such fine and costs are fully paid.

SEC. 6451. When any of the provisions of this article are violated by a corporation, proceedings may be had against any of the officers or agents of such corporation who in any way participated in such violation by the corporation of which they are the officers or agents, and, upon conviction, such officers or agents shall be subject to the same penalty as in case of individuals so offending.

SEC. 6455. In case of an offense which is a violation of both this article and of some other law of this State, then the inspector or assistant inspector may elect under which law he will prosecute; but where an offense is in violation of some other law of this State in relation to

the protection of employees, but is not covered by this article, then it shall be the duty of the inspector or assistant inspector to prosecute for all such offenses under the law violated.

Powers of as

SEC. 6456. All assistant inspectors appointed in accordance with the provisions of this article shall have the same authority as that sistant inspectvested in the State inspector, and, as far as consistent, their duties shall be the same as defined for the State inspector.

Factories and workshops-Doors to swing outwardly.

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ors.

Doors to open

SECTION 9052. All the doors for ingress and egress to and from all * * * factories with more than twenty employees, * * outwardly. which shall hereafter be erected, * shall be so hung as to open outwardly from the * workshops of such buildings or places: Provided, That said doors may be hung on double-jointed hinges so as to open with equal ease outwardly and inwardly.

* *

SEC. 9053. Any architect, superintendent or other person or persons Penalty. or body corporate, who may have charge of the erection, or may have the control or custody of any of the said buildings or places of resort mentioned in the preceding section, who shall refuse or fail to comply with the provisions of said section within six months from the passage of this chapter, in case of said buildings aforesaid which have been heretofore erected, and before the completion or occupation for said purposes of any of said buildings or places now in process of erection, shall, on proof of such refusal or failure before any court of competent jurisdiction, be adjudged to be guilty of a misdemeanor, and be punished by a fine of not less than one hundred nor more than one thousand dollars, which said fine shall be collected as is now provided by law for the collection of fines in such cases, and when collected shall be paid into and become a part of the public school fund of the county, city or incorporated town in which said misdemeanor was committed.

Bureau of labor statistics—Duties of commissioner.

tablished.

SECTION 10073. There is hereby established a separate and distinct Bureau esdepartment in this State, to be known as the "Bureau of labor statistics and inspection of factories, mines and workshops."

SEC. 10074. The object of this department shall be to collect, assort, Objects of systematize and present in annual report to the governor, to be by bureau. him transmitted biennially to the general assembly, statistical details and information relating to all the departments of labor in the State, especially in its relations to the commercial, industrial, social, educational and sanitary condition of the laboring classes, and to the permanent prosperity of the productive industries of the State, and also to secure the inspection of all factories, warehouses, workshops, foundries, machine shops and other manufacturing establishments, where persons, male and female, are employed throughout the State, and the observance of the regulations herein relating thereto.

SEC. 10075. The governor shall, with the advice and consent of the Commissioner. senate, appoint, immediately after this article goes into effect, and every two years thereafter, commencing on the first Wednesday in February, 1885, some suitable person to perform the duties herein required, who shall be known as "Commissioner of labor statistics and inspection," and who shall keep an office at the permanent seat of government.

etc..

of commissioner

SEC. 10076. The commissioner shall have power and authority in Powers, the discharge of his duties to enter and to inspect all factories, warehouses, elevators, workshops, tunnels, foundries, machine shops and other manufacturing establishments, and he shall, as far as practicable, inspect or cause to be inspected the same, and shall, annually, on or before the 5th day of November, present a report thereof, in writing, to the governor, which shall contain statistical details relating to all departments of labor in the State, and to the inspection made by him, together with such other information as is contemplated by section 10074.

SEC. 10077. The commissioner shall have power to administer oaths Witnesses. or affirmations, to examine witnesses and to take and preserve evidence;

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