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^21 

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NBW VORIC STA.Ta r>Br»A.RTlWfaNX OK LABOR 



TENTH ANNUAL REPORT 



OF THB 



COMMISSIONER OF LABOR 



FOR THE TWELVE MONTHS ENDED SEPTEMBER 30 



I9IO 



TRANSMITTED TO THE LEGISLATURE PEBRtJARY 6, 1911, AS PART OP THE 
TENTH REPORT OF THB DEPARTMENT OF LABOR 



ALBANY 
STATE DEPARTMENT DF LABOR 

1911 



PRESS OF 

J. B. LYON COMPANY. STATE PRINTERS 

ALBANY, N. T. 



\. 






I 



>> 



^-^ 












A 



State of New York 



JSTo. a6-A. 



IN ASSEMBLY 



February 6, 1911, 



TENTH ANNUAL REPORT 



OF THE 



COMMISSIONER OF LABOR. 



3 STATE OF NEW YORK: 



Department of Labor, 

Albany, February 6, 1911. 
To the Legislature: 

Pursuant to law, the annual report of the 'Commissioner of 
Labor for the year ended September 30, 1910, is herewith sub- 
mitted. Appended thereto will be found the general reports of 
those bureaus of this Department, concerning whose operation the 
Commissioner of Labor is required to report annually. 

Respectfully, 

JOHN WILLIAMS, 

Commissioner. 

226830 



CONTENTS, 



Page 

Letter of transmittal 3 

REPORT OF THE COMMISSIONER. 

Printing and publications H 

Offices 11 

Organization of Department of Labor 12 

Bureau of Factory Inspection 13 

Payment of wages by corporations ; . . 13 

Tunnel inspection 15 

Medical inspection of factories 16 

Bureau methods 17 

Greneral field work 17 

Tenement inspection 18 

Ventilation ' 19 

Sanitation 21 

Bakeries 22 

Child labor 23 

Prosecutions 23 

Accidents and safety 24 

Bureau of Labor Statistics 27 

Bureau of Mediation and Arbitration 29 

Bureau of Mercantile Inspection 30 

Inspection 31 

Child labor 31 

Hours of labor 33 

Prosecutions . . . 33 

Sanitary requil'ements and conveniences 34 

Ventilation 34 

Safety 35 

Bureau of Industries and Immigration 35 

Conclusion 37 

Appendix I. 
FINANCIAL REPORT OF DEPARTMENT. 

Appropriations arid expenditures 41 

Roster of officers and employees, with individual salary and expense 

accounts 42 

Appendix II. 
GENERAL REPORT OF BLTIEAU OF FACTORY INSPECTION. 

Report of the Factory Inspector 48 

Report of Medical Inspector of Factories 62 

Report of Tunnel Inspector 112 

Appendix III. 
GENERAL REPORT OF BUREAU OF MEDIATION AND ARBITRA- 
TION , ,.. , , UT 



6 Contents. 

Appendix IV. Page 

GENERAL REPORT OF BUREAU OF MERCANTILE INSPECTION.. 126 

Appendix V. 
INDEX OF BILLS AND LAWS RELATING TO LABOR IN THE 
LEGISLATIVE SESSION OF 1910 136 



I 



Appendix VI. 

LABOR LAWS IN FORCE OCTOBER 1, 1910. 

The " Labor Law '* (Chap. 31 of the Consolidated Laws) 145 

1. Short title; definitions (§§ 1, 2) 146 

2. General provisions ( §§ 3-21 ) 146 

3. Department of labor ( §§ 40-48) 155 

4. Bureau of labor statistics (§§ 55-57) 157 

5. Bureau of factory inspection ( §§ 60-68) 158 

6. Factories (§§ 70-96) 159 

7. Tenement-made articles ( §§ 100-105 ) 173 

8. Bakeries and confectioneries (§§ 110-115) 178 

9. Mines, tunnels and quarries and their inspection (§§ 120-136) . . 180 

10. Bureau of mediation and arbitration (§§ 140-148) 189 

10-a. Bureau of industries and immigration (§§ 151-156) 191 

11. Employment of women and children in mercantile establishments 

(§§ 160-173) 194 

12. Bureau of mercantile inspection ( §§ 180-184) 201 

13. Convict-made goods and duties of commissioner of labor relative 

thereto (§§ 190-195) 202 

14. Employer's liability (§§ 200-212) 204 

14-a. Workmen's compensation in certain dangerous employments 

(§§ 215-219-g) 210 

15. Employment of children in street trades (§§ 220-226) 215 

16. Laws repealed; when to take effect (§§ 240, 241) 216 

Penalties foe Violation of the Labor Law 220 

Child Labob: 

Educational restrictions 223 

Certain employments of children prohibited 229 

Taking apprentice without consent of guardian 231 

Payment of wages to minors 231 

HouBs OF Labor: 

Drug clerks in first-class cities 232 

Public holidays 232 

Sunday labor 233 

Vacations of public employees ' . . . . 234 

Duties and Liabilities of Employers and Employees: 

{See also Article 14 of Labor Law ahove.) 

Liability of railway companies for injuries to employees 235 

Civil liability for injuries causing death 236 

Qyjmin^il liabilitjr for negligence ^3Q 



Contents. 7 

Page 

Employees not to dispose of materials furnished 237 

Corrupt influencing of agents, employees or servants. 237 

i 
Political and Legal Rights and Pbivileges of Wobkingmen: 

Allowing time for employees to vote 238 

Prohibiting coercion of voters by employers 238 

Exemption of mechanics' tools from attachment 239 

Garnishee of wages 239 

Taking security for usurious loans 240 

Assignment of wages 241 

Ordinary exemptions not valid against debts for wages 241 

Making employees preferred creditors 242 

Liability of stockholders for wage debts 242 

Making railroad corporations liable for wages due em.ployees of con- 
tractors 243 

Exempting certain employees from paying costs in suits for wages . . 243 

Married women's right of action for wages 244 

Public Wobk and Public Contbacts: 

Empowering the Legislature to regulate the conditions of employment 

on public work 245 

Laborers employed in the state service 245 

Semi-monthly payment of wages to state employees 245 

Fixing the compensation of employees of state prisons 246 

Fixing the compensation of employees of state armories 246 

Providing for the registration of laborers for employment by munici- 
palities 247 

Fixing the compensation of employees of the street cleaning depart- 
ment in New York^ City 247 

Prohibiting the sub-letting of public contracts " 249 

Securing the payment of wages to employees of contractors upon 

the canals 250 

Authorizing the 'eight-hour day on reservoir construction in New 
York City 250 

Pbison Labob: 

Occupation and employment of convicts 251 

Employment of prisoners in county jails 255 

Employment of prisoners in New York City prisons 256 

Agbicultubal Labob : 

Providing for statistics of agricultural employment 257 

Railway Labor: 

Safety of railway employees 258 

Requiring the enclosure of street-car platforms 262 

Qualifications of engineers and telegraphers 263 

Qualifications of street railway conductors, motormen, etc 263 

Employment of intemperate persons on railways and steamboats. . . . 264 

Misconduct of employees of elevated railroads 264 



8 Contents. 

Page; 

Regulating the wearing of uniforms by railway men 265 

Conductors and trainmen as special policemen 265 

Providing for bail of railway employees in case of accident 266 

Unclaimed articles found in public vehicles to be sold for benefit 

of employees' association 266 

Complaints to public service commiBsions 267 

Industrial Education: 

The apprentice system 26& 

Industrial training in the public schools 272 

Industrial and reform schools 274 

Free lectures for working people 276 

Licensing of Tbades: 

Licensing of engineers and pilots of vessels 278 

Examination and licensing of plumbers in cities 278 

Licensing of steam engineers in New York City 280 

Licensing of stationary firemen in New York City 283 

Licensing of moving- picture machine operators 284 

TbAde Unions: 

Action by or against an unincorporated association 286 

Authorizing the incorporation of labor organizations 287 

Authorizing labor unions to maintain or construct halls, etc 287 

Forbidding labor unions to discriminate against members of the 

national guard  . . 289 

Preventing fraudulent representation in labor organizations 289 

Unauthorized use of badges, titles, etc 289 

Forbidding employers to coerce employees in. regard to member- 
ship in labor unions 290 

Making it unlawful to bribe representatives of labor unions 290 

t 

Industrial Disputes: 

The right to strike; intimidation; picketing; boycotting; blacklist- 
ing; exclusive or " union shop " agreements 291 

Conspiracy, intimidation, extortion, etc 29-2 

Anti-Pinkerton law 294 

Regulation of Employment Agencies, Boarding Houses, Etc.: 

Employment offices in cities 296 

Sale of transportation tickets and receiving of deposits 306 

Regulating private banking 309 

Making fraud by a notary a misdemeanor 314 

Sailors* boarding-houses to be licensed 314 

Appendix VII. 
OPINIONS OF ATTORNEY-GENERAL IN 1910 CONSTRUING PRO- 
VISIONS OF THE LABOR LAW 317 

Index of the Labor Laws .,.,,,.,,,,,,.,,, ,,,,,,,,,,,,,,,..., 381 



ANNUAL REPORT 



OF THE 



COMMISSIONER OF LABOR. 



EEPORT OF THE COMMISSIONEK OF LABOR. 

To the Legislature: 

Pursuant to law, I herewith submit my annual report for the 
year ended September 30, 1910. Besides his own report the law 
specifies that the Commissioner of Labor shall make report of 
" the operation " of each of the several bureaus of the Depart- 
ment, except the Bureau of Labor Statistics. Accordingly I ap- 
pend hereto the general reports of those bureaus. More detailed 
information concerning the work, or field of work, of the bureaus 
will appear later in statistical reports, which, because of the time 
required for their preparation and printing, cannot be presented 
at this time. 

Printing and Publications. 

The following publications, other than circulars or posters, have 
been issued by the Department during the year : 

Annual Reports for 19Q8:* 

Twenty-third Annual Report of Bureau of Factory Inspection. (August.) 
Twenty-second Annual Report of Bureau of Mediation and Arbitration. 

(August.) 
Twenty-sixth Annual Report of Bureau of Labor Statistics. (Part I in 
'October, 1909; Part n in August, 1910.) 

Annual Reports for 1909: 

Minth Annual Report of the Commissioner of Labor. (January.) 

< 

Quarterly Bulletins: 

JMo. 43 (March, 1910). 

No. 44 (June, 1910). 

No. 45 ({September, 1910). 

Monthly Bulletin of Licensed Tenement Houses (twelve issues). 

Pamphlet of Laws relating to Labor in Factories and Mercantile Establish- 
ments (July). 



Offices. 

For some time past attention has been directed each year to the 
overcrowded condition of our official quarters in the capitol. It 
•is now worse than ever before. On account of additional work 

* The Annual Report of the Commissioner of Labor for 1908 was published in January: 
1909. 



12 Kew York State DEPAfiTMENt of Laboh. 

imposed upon the Department through the legislation of 1910, 
we were obliged to increase our office force by the addition of three 
persons. We have endeavored to gain space by eliminating un- 
necessary furnishings and substituting more compact and con- 
venient articles. It is, however, true that we have passed beyond 
the endurable limit, and we are eagerly looking for relief when the 
education building will be ready to receive its tenants. 

In New York City the Department sub-office had increased be- 
yond the capacity of the quarters occupied at No. 114 East 
Twenty-eighth street. A very convenient and commodious suite of 
rooms was leased at No. 381 Fourth avenue, Manhattan, at an 
annual rental of $3,800. Provision was not made for the Bureau 
of Industries and Immigration, added to our organization October 
1, 1910; this will have to be done. 

Oeganization. 

The legislation of 1910 effected a change in the organization of 
the Department by adding thereto a new bureau. Several minor 
changes were made in the personnel of the bureaus. The total 
force of the Department, now provided for, consists of 120 per- 
sons, distributed as follows: 

The Department of Labor. — The commissioner, an assistant or 
counsel, two special agents, a confidential clerk, a confidential 
agent, an auditing clerk, one stenographer and a page. 

The Bureau of. Factory Inspection, — The factory inspector 
(first deputy commissioner), two assistants, superintendent of 
licenses, medical inspector of factories, a tunnel inspector, fifty- 
two deputy factory inspectors, and nine clerks or stenographers. 

The Bureau of Labor Statistics. — The chief statistician, seven 
statisticians, one expert, five special agents, three clerks, two 
stenographers, and a librarian. 

The Bureau of Mediation and Arbitration. — The chief 
mediator (second deputy commissioner), mediator, two assistant 
mediators, a special agent, and a clerk. 

The Bureau of Mercantile Inspection. — The mercantile in- 
spector, eight deputy mercantile inspectors, a clerk, and a 
stenographer. 



Report of thie Commissioner of Labor, 1910'. 13 

2^he Bv/reau of Industries and Immigration*^ — The chief in- 
vestigator, five special investigators, and a stenographer. 

The first four of the above mentioned bureaus performed their 
functions throughout the year with characteristic and praise- 
worthy zeal. The last mentioned came into existence with the 
close of the official year; hence it has no history nor record of 
accomplishment for 1910. 

* 

Bureau of Factory Inspection. • 

Eegarddng the observance of the provisions of the eightrhour 
law on public work, the Department is not in a position to speak 
authoritatively, except in the light of complaints of violations 
that are filed. Assuming this to be a fair standard, it must be 
said that the law is practically lived up to. Forty complaints or 
allegations of violations were received and investigated. In 
twenty-five of these cases a violation of the law was established 
and the required notices promptly served. Violations were not 
found in the remaining fifteen. 

It would appear that contractors engaged upon public work 
realize the grave danger incurred even in unintentional violations 
of this law; the penalty clause, if enforced, is so severe as to be 
ruinous. I am of the opinion that this feature of the law, in its 
practical effect, serves to lessen the number of violations ; but the 
administrative features of the law should' provide for a responsi- 
ble and orderly procedure in regard to enforcement. I called at< 
tention to this matter in my last annual report. 

 * * * 

PAYMENT OF WAGES BY CORPORATIONS. 

The subject of wage payments by corporations has attracted con- 
siderable atten/tion in this state doiring the past two years. The 
immediate cause was the amendment of the law relating to the 
subject by the Legislature of 1908 so as to require railroad corpo- 
rations to pay their employees twice a month. In my last annual 
report (pages 17 to 20) reference was made to the resistance 
offered by railroad corporations to the amended law. The Ap- 
pellate Division of the Supreme Court, Third Department, up- 

*♦ Organized October 1, 1910. 



14 I^Ew York State Department of Labor. 

held the law ; the case went to the Court of Appeals, and on June 
14th that court by unanimous decision sustained the lower court.* 

Since the decision of the Court of Appeals was announced, the 
Delaware, Lackawanna and Western and Erie Railroad companies 
have been called to plead to indictments found against them in 
the county of Broome. They pleaded guilty on six counts, and 
Justice Gladding of the Supreme Court imposed the minimum 
penalty ($100) in each case. According to our information, 
every railroad corporation in the state is now obeying the law. 

Several complaints came to the Department during the year, 
that certain corporations engaged in manufacturing and con- 
tracting were violating the weekly payment law. As soon as a 
complaint is received and is sustained upon investigation, an 
order is served upon the offending corporation, directing com- 
pliance with the law. If a subsequent investigation shows that 
the order has been disregarded, steps are taken to compel obedi- 
ence. This sometimes takes the form of criminal prosecution 
under the provisions of the Penal Law ; in other cases, proceedings 
are had under section 12 of the Labor Law and a penalty of fifty 
dollars is sued for. In ordinary cases, the latter is the best method. 
It is simple and easy and the penalty is sufficiently heavy to im- 
press upon the offender the importance of complying with the law. 
We have found that many of the contractors on the Barge Canal 
pay their employees twice a month. They have urged upon us 
the impossibility of a literal compliance with the law; their head- 
quarters almost invariably are some distance from the work, and 
the payrolls have, to be sent away to be audited, so they have 
pleaded for some leeway. Under an opinion rendered by an 
Attomey-XTeneral some years ago,t the Department has accepted 
payments every two weeks in full as a substantial compliance with 
the law. Payment twice a month is virtually payment every two 
weeks, and inasmuch as these payments are made regularly, we 
can see no reason for objecting to the arrangement. 

* N. Y. C. R. R. Cc. v. Williams, 199 N, Y. 108. See opinion reprinted in Department 
Bulletin, June, 1910, p. 207. * 

t RepQrt of Attorney-General; 1894, p. 380, 



Repoet of the Commissioner of Labor, 1910. 15 

tunnel inspection. 

The tunnel inspector's report (in Appendix II) is a brief but 
interesting document. It appears that during the year jtist ended 
there were forty-nine tunnels or sections under construction, and 
foundation work requiring the use of 127 caissons. The number 
of persons employed in these operations was 8,190, or an increase 
of 60 per cent over the year 1909. The number of accidientsi re- 
ported to the bureau still remains high; it is only slightly below 
ten for each one hundred employees. The number of fatalities 
went up to forty-nine. It appears from the report of the inspector 
and from an examination of the data submitted with reference to 
these fatal accidents, that a majority of them were due to care- 
less handling of explosives. No amount of inspection, however 
strict, can ever overcome a lack of care nor eliminate danger if 
the sense of danger be so deadened as to permit recklessness on 
the part of those who are exposed to danger. So long as the em- 
ployer uses ordinary care and complies with all reasonable regu- 
lations for safety, and, so far as he can, enforces obedience to 
prescribed rules upon his employees, he escapes criminal liability, 
and the person whose carelessness causes the accident frequently 
suffers the consequences • in his own disability or death. It is 
difficult to see what can be done to guard against such happenings. 
The civil liability of the employer is undoubtedly the most potent 
influence to compel him to employ every precaution for the safety 
of his employees. It appears that the constructors of tunnels and 
those engaged in compressed air work are giving close attention 
to this question. The fact is that the new law relating to em- 
ployers' liability and workmen's compensation is doing more to 
insure the safety of workers in hazardous occupations than any 
system of state inspection or supervision could be expected to 
accomplish. This is as it should be. The men who accept em- 
ployment in such undertakings should be protected so far as 
human foresight and ingenuity can accomplish such a result, and 
the duty of safeguarding properly rests upon the employer. 

In connection with the work of the tunnel inspector, an inter- 

,esting query has occurred to me, viz: Does Article IX of the 

Labor Law apply to such parts of subway construction in the 

^city 0f Ne^wr York as ar^ excavate^ in open wts ? These subways 



16 Xew Yokk State Department of Labob. 

when completed are tunnels; therefore, it may properly be said 
that all work thereupon is work done ^* in the construction of 
tunnels/', and consequently subject to inspection by the Commis- 
sioner of Labor. I have concluded to hold that we have au- 
thority, and have instructed the tunnel inspector accordingly. 

I would direct special attention to the reference in the tunnel 
inspector's report to the attitude of those engaged in compressed 
air work with respect to the comfort and safety of their employees. 
The hazards attending this class of work are fully realized — 
perhaps more so by the employers than by their employees. It is 
significant that no complaint relating to this subject was received 
during the year. 

medical inspection of factories. 

• 

The report of the medical inspector of factories is contained in 
Appendix II. In this report the medical inspector has under- 
taken to discuss questions relating to factory hygiene at some 
length. He offers many suggestions to which serious attention is 
invited. Special reference is made to industrial diseases. We 
are sadly lacking in information regarding this subject in its 
relation to New York industries. Our law should be amended so 
as to incorporate therein substantially the requirements of the 
British Factory Act, under which every medical practitioner, 
called to attend upon a person whom he has reason to believe is 
suffering illness caused by inhaling or absorbing poison, or by any 
other cause directly connected with such person's employment, is 
required to report the facts to the factory inspector. If this 
recommenda:tion be adopted, as a corollary to such amendments 
the Commissioner of Labor should be authorized to prescribe cer- 
tain rules and regulations for the protection of all persons who 
may from time to time be subject to the dangers incident to their 
occupations. There is no satisfaction to the administrator of law 
in the mere knowledge that danger exists under certain conditions, 
unless he possesses the power to cause the source of danger to be 
eliminated. 

Three industries were under special investigation by the 
medical inspector during the year. Two were completed, namely : 
the phosphorus match and pearl button industries* The results of 



Kepobt of the CJommissionee of Labor, 1910. 17 

these investigations are given in connection with the medical in- 
spector's report in lator pages. 

Dr. Rogers makes certain definite recommendations which de- 
serve serious consideration. It must be obvious even to the lay 
mind, that the safety of those who work at these occupations de- 
mands action. I am not seeking an extension of the discretionary 
powers of the Commissioner of Labor. An arbitrary rule of law is 
much easier to enforce. On the other hand, the varying con- 
ditions which prevail in different industries make arbitrary rules 
inadvisable and in many cases unnecessarily burdensome. We 
should have power to prescribe rules, which, however, should not 
become effective until after a hearing at which interested parties 
could have opportunity to express their approval or disapproval. 

BUREAU METHODS. 

Not many changes in methods were instituted during the past 
year. Some changes in assignments were effected, all with a view 
to greater efficiency. 

It is pleasing to note that my recommendation of last year, 
that provision be made for a few increases in salary of deputy 
factory inspectors, was favorably considered. As a result we were 
enabled to promote two inspectors from $1,200 to $1,500 and to 
increase a few from $1,000 to $1,200 per annum. These pro- 
motions are a source of help and stimulus to the entire service. 

Two members of the bureau staff, deputies William Ford and 
Luman S. Arnold, werje summoned by the grim messenger, the 
former on June 7 and the latter on July 4. Both of these men 
had rendered service to their country in the time of its need, from 
1861 to 1865, and in August, 189-9, they entered the state service 
as deputy factory inspectors. They were faithful and con- 
scientious servants, but the march of time told upon them. They 
were privileged, however, to remain on active duty until the last. 

GENERAL FIELD WORK. 

The report of the factory inspector as usual contains certain 
tables which review in brief the important featxires of the work 
of the bureau. 



18 Kew York State Departme:s:t of Labob. 

 

Table 1 contains a statement showing the activities of inspectors 
for the last four years. The steady growth of this work from 
year to year is quite clearly set forth and the record is perfectly 
free from evidences of padding. In 1907 the bureau had an 
effective field force of 50 inspectors; yet in 1910, with the same 
number of inspectors, the total regular inspections are just 10,000 
more than were recorded four years previous. The bulk of this 
increase came from the change in methods of tenement-house 
inspection. But it is, of course, obvious that this increase could 
not have been accomplished without a corresponding increase in 
physical energy expended, and the force is entitled to credit for 
its willingness to devote itself to its work. 

During the year 1911 we shall be able to do better than in any 
past year, for we have been enabled to perfect the organization of 
this bureau. We shall give greater attention to a thoroughly 
practical enforcement of the requirements of the law in relation 
to safeguarding of machinery. 

Last year attention was directed to the fact that the efficiency 
of a number of our inspectors was affected by the " growing 
infirmities of advancing years." In the very nature of things, this 
condition will continue to grow upon us until a plan is devised 
and adopted under which persons of a given age may be retired 
from the service. The question of the establishment of a civil 
pension list is far too important and serious to be discussed in a 
departmental report. It should be considered by a special com- 
mission authorized to look into it in all its aspects. 

TENEMENT INSPECTION. 

The superintendent of licenses reports to the factory inspector 
the inspection of tenement houses immediately under his super- 
vision in Greater New York. About 12,000 licensed buildings 
were inspected. Of this number about 450 were what are known 
as rear-shop buildings. It appears that actual work subject to 
section 100 of the Labor Law, at the time of inspection, was found 
in about 13,000 apartments, and that about 20,000 persons were 
at work. It does not follow, however, that this represents the 
amount of manufacturing done in tenement houses, for our in- 
spectors are in a given apartment on one day in the year, and the 



Report of the Commissioi^er of Labor, 1910. 19 

probabilities are that even though there be no work upon the 
occasion of the inspector's visit, there is work going on upon many 
other days. ^Nevertheless, it is worth noting that sanitary condi- 
tions in these tenement homes are infinitely better than they used 
to be a few years ago. This is the result of the work of two 
departments, namely, the Tenement House Department of the 
City of New York and the State Department of Labor. 

It appears from the records that only 150 persons were found 
working illegally — i. e., in unlicensed buildings — and that only 
77 children of school age were reported at work during school 
hours. There is no doubt in my mind, however, that the number 
of children who work in their homes on articles mentioned in 
section 100, ^s very large, especially in certain sections of New 
York and , at certain seasons. I believe the state should take 
cognizance of this matter. This form of child labor should be 
prohibited and provision should be made for the effective enforce- 
ment of such restrictions. Article VII of the Labor Law should 
be amended so as to prohibit the employment of a child under 
the age of twelve years in any tenement apartment or dwelling 
house, upon any work mentioned in section 100 of said law; and 
to insure the observance of such a provision, adequate penalties 
should be provided. As a corollary to this proposed change, if 
adopted, there should be a very substantial increase in the facili- 
ties of this bureau for its enforcement. 

The effect of this proposal should be clearly understood. It 
would tend to lessen very materially the employment of tenement 
workers, and if such a result were brought about, assuming that 
the home work is essential for the proper maintenance of the 
home, the question of what would become of the family is not 
only pertinent but very important. One of two things would 
happen : that family would become a burden upon the community, 
or it would seek quarters where rents are lower and opportunities 
for subsistence more promising. This may be one way to relieve 
the congestion of i)opulation in our larger cities. 

VENTILATION. 

Academic discussion of this subject is quite unnecessary. It 
is conceded to be aij important factor in the efficiency of f^ptpry 
operatives, 



20 New York State Department of Labor. 

We have made some progress in the enforcement of this require- 
ment, but there is yet a tremendous amount of work to be done. 
For more than a year we have been moving somewhat slowly 
because there arose considerable agitation over the question of a 
standard of ventilation applicable to factories, under section 86 
of the Labor Law. I have held that in the absence of a legally 
defined standard, I was not only authorized to establish such a 
standard, but had I failed to do so, I would be guilty of neglect 
of official duty. Section 62 of the Labor Law, subdivision 4, 
reads as follows : " The commissioner of labor shall visit and 
inspect or cause to be visited and inspected the factories * * * 
and shall cause the provisions of this chapter to be enforced 
therein." Section 86 is a part of the law included in the chapter 
referred to. It follows, therefore, that I was required to enforce 
the terms of that section which prescribes as follows : " The 
owner, agent or lessee of a factory shall provide, in each work- 
room thereof, proper and sufficient means of ventilation, and shall 
maintain proper and sufficient ventilation." 

It is quite proper to assume that when the Legislature enacted 
the above provision, it did not deem it advisable to attempt to 
define the means nor the standard of ventilation. But to say 
that it deliberately recognized the need of such regulations and 
created the machinery for their enforcement, and yet left the 
administrative officer without any authority to construe its will, 
reduces the legislative act to a farce and a cruel hoax. 

I am firmly of the opinion that where the authority of an ad- 
ministrative officer is questioned and the law is silent -upon the 
point at issue, it is better to go to the Legislature with a request 
for an expression of its will. Consequently, last year, after 
several conferences with representatives of interests affected, a 
bill was introduced in the Senate and Assembly, amending the 
law so as to establish a standard of ventilation, and defining the 
respective responsibility of landlord and tenant in regard to the 
subjects of installation and operation. The bill provided for a 
qualitative standard of ventilation measured by the amount of 
carbon dioxide in a given volume of air, and placed the responsi- 
bility for installation of proper means for ventilation upon the 
owner of the property, except that this responsibility could by 



Report of the Commissioner of Labor, 1910. ^1 

contract be assumed by the tenant or lessee. The responsibility 
for operating or utilizing the means for ventilation so provided 
was placed upon the tenant or person in actual possession of the 
workroom. Opposition developed to this proposal upon the 
ground that the qualitative standard was a new and strange thing 
and too intricate and difficult for ordinary persons to comprehend. 
The opponents of our bill wanted a quantitative or volumetric 
standard. We were unable to arrive at a satisfactory under- 
standing, and in consequence the Legislature adjourned without 
declaring itself upon this important question. 

For a time at least, during the year, it looked as .though we 
would get the question of the authority of the Commissioner of 
Labor to prescribe a standard of ventilation before the Appellate 
Division upon an agreed statement of facts; but at the last 
moment, the prospective defendant of record backed out. So our 
activity in regard to ventilation is upon the basis of a standard 
of air purity prescribed by the Commissioner of Labor ; and until 
the Legislature amends the law, or until a competent tribunal 
declares that the Commissioner of Labor is not clothed with 
authority to prescribe such standard, we expect so to continue. 

All uncertainty regarding a matter of such importance should 
be removed. The Legislature during the coming session should 
settle these questions of standard and responsibility, so that those 
who work may enjoy more fully the benefits of pure air. Bills 
will be presented early in the session in both* Senate and Assembly, 
and it is my earnest hope that decisive action will be taken before 
the Legislature of 1911 passes into history. 

SANITATION 

That the field staff of the Bureau of Factory Inspection is inade- 
quate to insure the maintenance of comparative cleanliness in all 
factories must be self-evident. And as freedom from contact with 
filth, dust and other tangible impurities is an esiseutial element in 
the preservation of health, and as the state has enacted laws to 
compel the owners of manufacturing business to obsierve certain 
standards of cleanliness, it follows that the obligation to enforce the 
legislative mandate is unavoidable. Broadly stated, we have fifty 
inspectors to cover forty-five thousand factories and from twelve 



22 New York State Department of Labor. 

to fifteen thoiiBand tenement houses. A very large percentage of 
the factories are small places employing from five to fifty persons ; 
they are engaged in manufacturing in a small way and their chief 
concern is a maximum output at a minimum cost. Under these 
circumstances, they regard the time spent in cleaning their work- 
rooms as time lost and money wasted ; they resist the efforts of the 
bureau to the limit of their resources. One or two visits to such 
places in the course of a year do not amount to much. To guard 
the health of the workers therein and the health of the community 
or the consumer of the product is a solemn duty. It cannot be dono 
unless we can make repeated visits, and until the bureau has been 
equipped properly it is neither fair nor just to hold its officers re- 
sponsible for the conditions which from time to time are found to 
exist in many establishments. The organization of the bureau is 
well adapted to deal with this feature of its work. The trouble is, 
it has to spread itself so thinly over a vast field that it cannot con- 
centrate its efforts in one direction without neglecting other duties. 
To increase the force of inspectors to a point where it could effect- 
ively perform all its functions, would mean a large addition to 
the cost of administration ; but I do not think there should be any 
hesitation if it be true that the industrial efficiency of our factory 
population is dependent upon the establishment and maintenance 
of hygienic conditions in their places of employment — and upon 
that point there can be no dispute. 

BAKERIES. 

• No more important duty devolves upon the Bureau of Factory 
Inspection than the inspection of bakeries and the enforcement 
therein of the special provisions of law relating thereto. The 
summary methods of enforcement authorized by section 114 have 
produced good results. The tag bearing the word " unclean " was 
applied in 191 bakeries during the year. This operation is by 
no means simple or easy. It calls for the attention of three 
inspectors, and in almost every case in Manhattan it has been 
necessary to appeal to the police department to prevent forcible 
interference with the inspectors' work. The effect of the sum- 
mary suspension of business by this means, because of unsanitary 
conditions, is felt very keenly, and it has a tendency to elevate 
the standards of cleanliness of many of the poorer grade of bakers. 



Report. OF the Commissioner of Larob, 1910. 23 

Department counsel has brought to niy attention certain defects 
in Article VIII which should be remedied. One instance is found 
in section 112. It is provided that the ^^ furniture and utensils 
shall be so arranged as to be readily cleansed/' but the duty of 
cleaning either the utensils or the room is not imposed upon the 
owner of the business except by implication. It would be well 
to have this article carefully redrafted so as to eliminate all 
defects and incongruities. 

CHILD LABOR. 

The report of the factory inspector sustains the statement con- 
tained in my last annual report, that " the problem of child labor 
in the factories of this state is well in hand." 

The record shows that while the number of children found at 
work during 1910 was almost two thousand in excess of the num- 
ber found in 1909, the percentage of illegal employment fell off 
practically one point. The number of children under 14 who 
were working when inspections were made, was relatively insig- 
nificant; nevertheless we do not intend to slacken our efforts to 
eliminate that form of lawbreaking. 

I approve most heartily the comments of the factory inspector 
with reference to the need of prescribing a rigid physical test to 
which each child shall be subjected before it can obtain an em- 
])loyment certificate. Under the British Factory Acts this is 
necessary. Each child must be examined by a certifying surgeon 
before it is permitted to work in a factory or workshop. If we 
are to have further development in the matter of regulating child 
labor in our factories, it should be along the lines suggested, and 
also with a view to adding to the group of prohibited employ- 
ments as rapidly as our experience and observation establish the 
need of such steps. 



PROSECUTIONS. 

It will be noted that the Bureau of Factory Inspection con- 
tinued throughout the fiscal year its policy of bringing to account 
persistent and flagrant violators of the law. 

Ninety-one cases carried over from the preceding year were 
tried and disposed of. In addition to that, 529 cases instituted 



24 !N"ew York State Department of Labor. 

within the year were brought to final. issue. Results in both 
groups together were as follows: convictions, 508*; acquittals or 
dismissals, 94; withdrawn, 18. Fines were imposed in 230 cases, 
aggregating $5,390, or an average of $23.43 for each case. In 
1909 fines were imposed in 242 cases, aggregating $5,475, or an 
average for each case of $22.62. 

The number of suspended sentences which appear on our record 
is far too high. I am convinced that if judicial officers manifested 
a determination not to suspend sentences, there would be fewer 
violations brought before them, for employers would be more 
keen to observe the law. 

ACCIDENTS AND SAFETY. 

Accidental injuries sustained in the course of employment are 
so numerous as to cause serious economic loss. This fact, per- 
haps, more than a realization of the physical suffering of the 
injured, has in recent years led to the centering of attention upon 
this subject. To-day it is agreed that the comparative safety of 
all persons employed in industrial* pursuits is a matter of great 
public concern, and interest is especially centered upon the activi- 
ties of those agencies which have been created, in part at least, 
for the express purpose of dealing with the problem of preventing 
such happenings. 

It is a well-known fact that state inspection of factories wher- 
ever instituted, has been undertaken with a view not merelv to 
correct administrative evils, such as the employment of children 
of tender vears and the excessive hours of labor of women and 
children, but also with a view to greater safety. 

The Bureau of Factory Inspection, by virtue of the provisions 
of section 87, receives, examines and records the reports of acci- 
dents occuring in factories. Mr. Walling in his report has indi- 
cated the practice of the bureau in relation to accidents which 
happen in connection with the operation of machinery. I feel 
that what we have been doing is not enough. Every serious 
accident, w^hich may reasonably be deemed preventable, should 
be carefully investigated by an inspector of proved capacity and 
judgment, in order that full effect may be given to that part of 

* This item includes both convictions after trial and cases where defendant pleaded guilty. 



Report of the Commissioner of Labor, 1910. 25 

section 87 which provides that the Commissioner of Labor " may 
-::- * * require such precautions to be taken as will prevent the 
recurrence of similar happenings." This is not generally done 
now because we are not equipped to undertake the close super- 
vision that such a practice would entail. 

That many accidents are preventable will be readily admitted. 
It is to this task of prevention that our energies should be bent; 
but our work must be done intelligently, with due regard for both 
human and commercial interests. The amendment of section- 8.7, 
enacted last year, was designed to insure a more general reporting 
of accidents. This was with a view to placing in our hands more 
accurate and definite data concerning the nature and extent of 
the problem. This is important, not merely as furnishing a guide 
to us, but it means much to those who must finally decide whether 
the work of inspection should be strengthened and extended. 

It was a source of much satisfaction to me to find that the Com- 
mission on Employers' Liability had decided to give special 
attention to the causes and prevention of industrial accidents. I 
feel that a careful inquiry conducted under such auspices can 
produce but one result, namely, the awakening of our people to 
a fuller realization of the social and economic value of an efficient 
inspection service, clothed with power to enforce its requirements 
in the interests of safety. The consequences of such an awaken- 
ing, it may safely be predicted, will be manifested in ample pro- 
vision for effective law enforcement. 

Eesponding to a formal request of the Commission above men- 
tioned, I undertook to examine the means employed to prevent 
accidents in the factories of the United Kingdom. I left New 
York on July 13th and returned to the same port on September 
15th, having covered meanwhile extensive areas in the British 
Isles, visiting establishments in many of the important manu- 
facturing centers. I also visited the museum of safety in Paris, 
and examined a similar institution in Amsterdam. The record, 
observations and conclusions of that trip will be preserved in a 
special report to the Commission and in an early issue of the 
department Bulletin. I am hopeful that the practical value of 
personal contact with the work performed by the factory in- 
spectors of Great Britain will more thg^n justify the expense 

iucurredt 



26 ^FAV YouK State Department of Labob. 

I wish to direct attention to the opinion of Chief Inspector 
Walling, that the increasing number of reports of accidents re- 
ceived by the bureau does not argue an increase in the number 
actually occuring. I agree with him. It is rather the result 
of our campaign of education. We are now reaping the harvest 
of what was sown by my predecessor, P. TecUmseh Sherman. It 
is of course true that we have kept at the manufacturers and their 
employees, as well as at our inspectors, and from day to day the 
record of the toll of industry, in the form of physical injiiry to 
persons, keeps rolling in. 

These words are not penned with the idea of minimizing the 
seriousness of the facts recorded, but rather to allay fear or alarm 
that conditions are growing worse. They are not. Accidents 
have frequently occurred since the factory system of production 
came into existence, and they will continue to happen. They are 
not all preventable. Our business is to separate the preventable 
from the unavoidable, and by the application of proper means 

eliminate or reduce to an attainable minimum those that are truly 

t/ 

avoidable. 

An examination of the British reports shows that the total 
number of recorded accidents happening in establishments sub- 
ject to the factory law, during the five years beginning 1905 were 
as follows : 

1905 . . 100,609 

1906 111,904 

1907 124,325 

1908 122,154 

1909 . . 117,500 



It is generally conceded that under the English government 
laws are enforced, and there can be no doubt that safety of work- 
men is commanding the earnest attention of British inspectors; 
yet it appears that from 1905 to 1907 there was an increase in 
the number of accidents reported to them nearly equal to the total 
number recorded by us in 1910. I am confident, however, that no 
one conversant with the facts would say that accidents are on the 
increase in England. This is another illustration of what we 
have said, namely, that a large percentage of accidents are 
unavoidable. 



Keport of the Commissioner of Labor, 1910. 2'7 

Without wishing to anticipate the conclusions of the 'Commis- 
sion on Employers' Liability, I wish to record my judgment that, 
in view of the adoption of the amendments to the employers' 
liability law and the establishment by law of the principle of 
compulsory compensation of workmen for personal injuries 
through accidents", the state should assume the duty and obliga- 
tion to inspect and enforce every reasonable regulation for the 
safety of such workmen. 

Bureau of Labor Statistics. 

From the administrative point of view the notable event of the 
past year in connection with this bureau was the provisibn made 
for an enlargement of its work by chapter 155 of the Laws of 
1910, and by an increase in the annual appropriation for the De- 
partment of $6,000 for this particular work. 

This new work, for which the new provisions of law and in- 
creased resources became available on October 1, 1910, and which 
was inaugurated on that date, is in the field of accident statistics. 
In part this is an old field, since preparation of statistics of acci- 
dents in factories, mines, quarries and tunnel construction work, as 
reported through the Bureau of Factory Inspection, has for some 
time constituted a portion of the work of the bureau. But a new 
part of the field is now to be covered, namely, that portion repre- 
sented by the building and engineering industries. As a matter 
of fact, this field has always been well within the jurisdiction of 
the bureau under its general authority to secure statistics concern- 
ing " all departments of labor in the state." But established lines 
of work in other directions have so fully occupied the bureau as 
to preclude until now such an extension of the accident work to 
those industries. So that it is primarily the additional appro- 
priation, made with this particular work in view, which makes 
such extension possible. At the same time chapter 155 by laying 
upon employers in building and engineering work the specific duty 
of reporting accidents to the Department, in the same manner as 
manufacturers, mining firms and tunnel constructors have pre- 
viously been required to do, manifestly puts the bureau in a much 
mor^ advantageous position for tho work. 



28 J^Ew York State Department of Labor. 

In this connection it ought to be noted that the legislation which 
has made this movement possible was the direct outcome of recom- 
mendations, made upon the suggestion of this Department, of the 
Special Commission on Employers' Liability which reported last 
March. 

In connection with accidents in the building- and engineering 
industries the entire work, both of collecting reports and prepar- 
ing tabulations and summaries, will be done by the Bureau of 
Labor Statistics. In addition to this extension of accident work, 
it is planned also to elaborate the statistics of all accidents re- 
ported to the Department, so far as practicable, especially in the 
direction of securing as comprehensive returns as possible con- 
cerning duration of disability and wage loss. These would seem 
to be the most important items, in view of the voluntary and com- 
pulsory workmen's compensation acts passed last winter in this 
state, and in view of what is now a fairly definite movement 
toward compensation for accidents in the country generally, upon 
which statistical evidence needs now to be accumulated, in addi- 
tion tx) the sort of information heretofore covered in connection 
with the general problem of industrial accidents. The importance 
of securing statistics of accidents in the great building industry 
of this state scarcely needs comment. According to German acci- 
dent statistics, for example, this industry has a higher accident 
rate than most manufacturing industries and nearly as high as 
mining; and while the employers' liability laws have always ap- 
plied to it, and the new compensation act takes due account of it, 
the fundamental problem of prevention, for which especially re- 
ports of accidents and accurate statistics are almost indispensable, 
has been much less vigorously attacked than in manufacturing 
where factory laws and inspection have long dealt with it. 

In a word, then, it is hoped to make a distinct forward move- 
ment in the work in accident statistics as the result of last winter's 
legislation. The increased appropriation above referred to pro- 
vides for three additional employees in the bureau for this pur- 
pose. This makes it possible to arrange practically a distinct 
division of the bureau for this line of work with a senior statis- 
tician, a clerk and a stenographer permanently assigned thereto, 



Report of the Oommissioneib of Labor, 1910. 29 

In this connection it may be remarked tha,t the increase in the 
force of this bureau has had the effect of aggravating the over- 
crowded condition of the Albany office of the bureau noted in last 
year's report. It has been necessary to crowd three more em- 
ployees into the same quarters which were reported too crowded 
a year ago, for the most effective work. So that, while due 
acknowledgment is made - of relief afforded to the best of his 
ability by the Superintendent of Buildings in respect of artificial 
lighting, the problems of sufficient room and ventilation have 
really been aggravated. 

Bureau of Mediation and Arbitration. 

The general report of this bureau is contained in Appendix III. 
This report follows the general plan of the reports of former 
years. 

In a brief analysis of the disagreements between capital and 
labor which came under the notice of the bureau, the chief 
mediator draws attention to the fact that New York City furnishes 
the bulk of disputes. This is not surprising when the tremendous 
and diverse business activities of that city, with its cosmopolitan 
population, are taken into consideration. The intensity of life 
under the conditions which prevail there, makes for aggressiveness 
both on the part of employers and employees. Then again, it may 
be said that the submersion of the individual in the crowd elimi- 
nates that personal element which has always been a potent factor 
in the maintenance of pleasant relations between employer and 
employee. 

During tlie year this bureau performed a valuable public service 
when by reason of an official inquiry into the causes of a very 
serious strike, it succeeded in bringing the parties together, and 
an amicable adjustment was the sequel. Since the public investi- 
gation of the strike in the plants of the International Paper Com- 
pany, I have received more than one request for similar action, 
but have declined to exercise such power. The reason for de- 
clining to do so lies in the conception I have of the intent of the 
Legislature when it conferred upon the Commissioner of Labor 
the power referred to. I believe that it intended that such power 
should be exercised only when the public was involved or likely 



30 New Yobk State Department of Labok. 

to be involved through the dispute. Whenever the employees of a 
public service corporation engage in a strike or are locked out, a 
public inquiry should be undertaken forthwith so that the re- 
sponsibility for the conditions created may be definitely known. 
This course should also be followed when the state is called upon 
to furnish its military force to perform police duty. 

This report marks the end of the active service of Chief 
Mediator John Lundrigan. He leaves to enter private service. 
The bureau loses a competent head and the state a faithful ser- 
vant. He was instrumental in raising the bureau to a position 
of influence and dignity, enjoying in an unusual degree the con- 
fidence of labor and capital. 

The new Chief Mediator, Mr. William C. Rogers, comes to the 
performance of his duty well equipped by education, temperameht 
and training. Although without experience in the particular 
field of labor and its relations with capital, he will no doubt render 
very satisfactory service. 

Bureau of Mercantile Inspection. 

The report of the mercantile inspector, with a summary of the 
work of the bureau, is contained in Appendix IV. 

More than two years have elapsed since this bureau was estab- 
lished. Eesults accomplished have, I believe, fully justified its 
creation. It cannot cover its field until more adequate facilities 
are afforded. The staff of inspectors available for active field 
work is limited by law. to ten. This is further limited to eight by 
the amount of money appropriated for its use. Before the state 
can fully realize upon its investment in connection with this work, 
it will be necessary to extend operations so as to more completely 
supervise conditions in mercantile establishments. This should be 
done without unduly interfering with the conduct of business. 
Haphazard legislation should be avoided. This can best be accom- 
plished by a careful study of conditions with a view to the pro- 
tection of workers in a reasonable and practicable way. Em- 
ployers should be consulted and won over to needed reforms. 
That this can be done is evidenced by the fact that last winter the 
leading association of dry goods merchants in the state joined the 
Commissioner of Labor in urging the amendment of the law re- 



Report op the CoMHissiONEiii of Labor, 1910. 31 

lating to hours of labor of children and females under twenty-one 
years of age. This was accomplished by conference and com- 
promise, and I am confident that further progress may be secured 
by following the same course. 

INSPECTION. 

It is unnecessary to repeat what was written last year concern- 
ing the size of the problem committed to this bureau. 

The record of inspections and observations is as follows: 
Buffalo, 1,653; Kochester, 647; Boroughs of Greater New York: 
Manhattan, 5,258; Brooklyn, 1,436; Bronx, 572; Queens, 113; 
Kichmond, 8. These figures show a decrease from the record of 
last year. This should not be regarded as evidence that the in- 
spectors were less active, for there are other features of their work 
which show up in their favor as an offset to the falling-off in in- 
spections. N^otable among these is the record of punitive actions, 
455 being instituted in 1910 against 376 in 1909. Prosecutions 
are time-consuming incidents. An average of six hours was spent 
on each case handled during the year, or more than 390 days of 
eight hours. Other indispensable and unavoidable incidents are 
accountable for much time which had to be taken from the regular 
work of the inspectors. On the whole, the record is a satisfactory 
one and represents a good deal of real hard work creditably done. 

CHILD LABOR. 

The employment of children in gainful occupations is mainly 
responsible for the establishment of agencies to enforce all labor 
laws affecting factory and mercantile establishments; hence it is 
but natural that in discussing our work we should give prominence 
to the subject. 

By reason of our inability to inspect in one year all the places 
in first-class cities which come under the law, we do not pretend 
that the figures we give represent all the children who work in 
the mercantile establishments in the cities affected. Nevertheless 
we think that the record is an indicator of the general situation in 
respect of child labor. Last year the percentage of illegal child 
labor in this group for the three cities was 51.4. This year it is 



32 New York State Department of Labor. 

49.1. The change is more noticeable if we take the separate 
divisions of the field, as follows : 

1909. 1910. 

Buffalo 49.4 38.4 

Rochester 35 . 1 71.6 

New York City : 

Manhattan 42.9 41.9 

Brooklyn 74.1 55.5 

Bronx 86 . 4 68 . 

In Queens and Richmond every child found at work was em- 
ployed in violation of law. 

The reason for the heavy increase in the record of illegal child 
labor in Rochester is that a large number of- border line cases of 
child employment were included, namely, children who were en- 
gaged in delivering newspapers to regular subscribers. News- 
paper publishers had assumed that the children so employed were 
virtually newsboys and therefore not subject to the restrictions of 
the Mercantile Law. The matter was taken up and eventually ad- 
justed. The contention of the Department was that the papers 
delivered were merchandise, and that the children were " em- 
ployed * * "^ in the distribution * * * of merchan- 
dise." 

The improvement in child labor conditions is very slight, yet 
we must not be disheartened. It will take many years, evidently, 
to educate merchants to an appreciation of the importance of the 
subject. During the process we must cultivate patience and 
perseverence. Every inspector must be patient in dealing with 
employers and with parents and children. They have been neg- 
lected and they are just now awakening to a new order of things; 
hence our obligation to unremitting effort to impress the need of 
law-observance upon all concerned. Our motto shall be: The 
abolition of illegal child labor in all business in our state. 

The mercantile inspector directs attention to certain employers 
who wilfully seek to defeat the law. With that class we have no 
patience, nor do we intend to let them alone. Rigid enforcement 
of the penalties of law-breaking will continue to be the rule in all 
such cases. 

Mr. Gernon also calls to our attention the need of strengthening 
the law in relation to employment in places of amusement. This 
should be done. 



Repokt of fHE Commissioner of Labor, lOlO. 33 

HOURS OF LABOR. 

In discussing this question, the mercantile inspector emphasizes 
what we said in our last report regarding the difficulty of enforc- 
ing the restrictions relating to hours of labor. He states that while 
the amendment which became effective on October 1st of this 
year has resulted in some improvement, it still leaves a loophole 
of escape to the unscrupulous employer. He points out that a 
closer margin or period within which ten hours' work may be per- 
formed on each of the first five days in the week, would enable 
our inspectors the more readily to detect violations. This sug- 
gestion' is worthy of serious consideration. I also approve the 
recommendation that a provision be inserted in the law, requiring 
employers to post conspicuously in their establishments a notice 
containing the schedule of hours for children and females under 
twenty-one. 

PROSECUTIONS. 

At the beginning of the fiscal year there were pending in the 
courts 66 cases which had to be brought to final issue. The sum- 
mary table relating to this subject shows the result. During the 
twelve months included in this report, it appears that it was neces- 
sary to undertake the prosecution of 455 new cases. This is 79 
more than were prosecuted in 1909. Of this number, only 36 were 
unfinished at the close of the year. I regard this as an exceptional 
record. It brings the total of cases disposed of up to 485, or an 
average of ten cases a week, excluding the vacation period. 

As might be expected, the employment of children constituted 
the cause of action in a very large majority of the cases prosecuted 
by this bureau. Out of the total of 485 completed cases, the num- 
ber of child labor violations was 464. Of this number, 398 were 
convicted, either after trial or upon a plea of guilty. Fines were 
imposed in 133 cases — just one-third — while sentence was sus- 
pended in the remaining 265. The aggr^ate of finea in these 
cases was $3,060. 

Fourteen cases involving violations of the law relating to hours 
of labor of females were taken into court, two of which were 
pending at the close of the year. Of the twelve that came to final 
issue, nine resulted in conviction, a fine of twenty dollars being 
imposed in each of five cases and a suspension of sentence in the 
other four. 

a- 



34 New York State Department of Labor. 

It is needless to repeat what has been so often said regarding 
the doubtful value of a suspended sentence. In a majority of such 
instances of judicial clemency, the corrective force of the prose- 
cution is lost; moreover, the effect upon the officer whose duty it 
is to enforce the law is depressing. Instances have come to my 
notice where the magistrate has publicly reproved the officer for 
his zeal in -the performance of his duty. I am glad to say, how- 
ever, that such instances are becoming more rare. Public opinion 
in regard to the enforcement of the Labor Law is making itself 
felt, and our task becomes easier in ratio to the growth of this 
demand for its observance and enforcement. 

r 

« 

SANITARY REQUIREMENTS ANEl CONVENIENCES. 

It is a source of gratification that we are able to say that con- 
ditions in respect of wash-rooms and water-closets are much im- 
proved since the duty of enforcing the law has devolved upon this 
Department. It was found necessary to issue only a little in ex- 
cess of half the number of orders relating to these matters that 
were issued in 1909. These orders are recited in detail by the 
mercantile inspector. Section IGS is defective, as will be noted 
from the remarks of Mr. Gernon. It should be amended 39 as to 
enable us to insist upon proper accommodations for all persons 
who work in mercantile establishments. 

The provision in the law regarding the furnishing and use of 
seats for female employees is far from satisfactory. Portable 
chairs or stools are ill adapted to meet the need which prompted 
this enactment. Permanent fixtures in the form of collapsible or 
folding chairs or stools should be used ; in fact, the law should be 
amended so as to require the installation of such means of rest. 

VENTILATION. 

The mercantile law attempts to regulate ventilation only in the 
basement of a mercantile establishment. It should be amended 
to require that all parts of such establishments and other premises 
subject to its provisions, be properly and sufficiently ventilated. 
Such provision should contain a definite standard such as we hope 
to see enacted in the factory law. 



Report of the Oommissioneb of Labor, 1910. 35 

The use of a basement in a mercantile establishment as a place 
of employment for women or children is made to depend theo- 
retically upon the question whether such basement is properly 
ventilated. We have failed, however, to enforce this rule in a case 
brought by the Department in Brooklyn to punish the owner for 
the use of a basement without a permit, the permit having been 
denied because the basement in question was not properly ventila- 
ted. The magistrate dismissed the case upon the ground that the 
statute which made the right to employ a woman in a basement 
dependent ujDon the permission of the Commissioner of Labor 
was unconstitutional. 

SAFETY. 

'No duty is laid by law upon the Department of Labor with 
respect to the safety of persons employed in mercantile establish- 
ments. Nevertheless, I invite serious attention to that part of the 
report of the mercantile inspector under the caption " Escape in 
Case of Fire." 

We have no desire to cause undue alarm nor to pander to sense- 
less sensationalism; but if we were blind to the possibility of a 
catastrophe, we would richly merit censure. I think the note of 
warning sounded so clearly by Mr. Gernon should' be carefully 
considered and adequate provision made for regulation and en- 
forcement. During certain periods, the business instincts of our 
merchants seem to absorb every other consideration, but the per- 
sonal safety of employees and patrons should at all times be para- 
mount; The fact that in recent years no serious fire has broken 
out in any large mercantile establishment is no assurance that 
such a thing will not happen. Ample provision for safety in case 
of such an occurrence would be far better than sweeping measures 
thereafter, accelerated by remorse over things neglected. 

Bureau OF Industries and Immigration. 

The creation of the Bureau of Industries and Immigration fol- 
lowed quite naturally the presentation of the case for the aliens 
by the commission appointed in 1908 to investigate the problem of 
immigration as it affects the interests of the State of ^N'ew York. 



3'6 New York Stat^: Department of Labor. 

The report mentioned was presented to the (jrovemor rather late 
in the legislative session of lyOi). A bill was introduced creating 
a new department of government in accordance with the recom- 
mendations of the commission, to have charge of the adminis- 
tration of certain proposed legislation for tne protection and 
wellare of aliens. Ihe bill failed of passage. 

In December, 1909, the Uommissioner ot Labor was invited to 
attend a conference, held in the. executive chamber,, between 
Grovernor ilugnes and several persons who were interested in 
having the recommendations of tne Commission on immigration 
favorauly acted upon during the legislaave session of 19 lO. It 
was quite evident to tnose at the conierence that the (iovernor 
was m entire sympatny with the constructive recommendations 
of the commission, but he made it perfectly clear that he was 
opposed to the creation of a separate department of government to 
deal with the problem, and intimated without fully committing 
himself, that he would be disposed to regard favorably any legis- 
lation to accomplish the end m view, if tnat could be done by in- 
creasing the powers of one or more existing departments without 
involving immediately any considerable increase in the expenses 
of such departments. 

After several conferences with the members of the commission, 
I agreed that certain features of the reforms recommended fell 
naturally within the purview and scope of the Department of 
Labor, and by collaboration with them a bill was prepared estab- 
lishing in this Department a bureau of industries and immigra- 
tion. I attended hearings before committees of the Senate and 
Assembly, and urged the passage of the bill. The effort was suc- 
cessful and the measure received executive approval. 

A fairly liberal appropriation for the new bureau was provided 
in the appropriation bill, but owing to the condition of the staters 
finances. Governor Hughes found it absolutely necessary to dis- 
approve all items except those for the salaries of the head of the 
bureau and for six employees. 

This was the situation that confronted the Commissioner of 
Labor as we approached the end of the last fiscal year. I had to 
plan for the administration of the new law and the establishment 
of the bureau without a dollar for any purpose beyond the salaries 



Eepobt of the Oommissionee of Labob, 1910. 37 

of a meager force. This meant that traveling expenses, printing 
and office expenses, would have to come out of the regular depart- 
mental appropriations for those purposes. We did not falter, 
however, but went ahead, relying upon the incoming legislature 
and the executive to supply the deficiency which would inevitably 
arise. It has been my endeavor to keep the expenses of the entire 
Department down to the lowest possible point consistent with 
efficient service, and I am hopeful that the deficiency which will 
have to be met will not be very large. 

I consider myself and the state fortunate in that I secured the 
services of Miss Frances A. Kellor of New York as the chief 
executive officer of the new bureau. She had served as a member 
of the State Commission on Immigration and was thoroughly 
familiar with every phase of the problem committed to the De- 
partment 

I am confident that the services which vrill be rendered by this 
new branch of our Department will fully justify its creation and 
the expense involved. 

CoNOiiirsiON. 

I am pleased once a^rain to make reference to the fact that those 
connected with the Department have rendered faithful service. 
The results recorded could not have been achieved had it not been 
for the loyalty of our subordinates. I am also under obligations 
to Hon. E. R. O'Malley, Attorney-General, for the uniform 
courtesy accorded to this Department in all matters relating to 
the legal aspects of our work. 

(Signed) John Wili^iams, 

Commissioner of Labor. 



APPENDIXES. 



I. Financial Report of the Department. 

II. Grcneral Report of Bureau of Factory Inspection. 

(a) Report of the Factory Inspector. 

(6) Report of the Medical Inspector of Factories. 

(c) Report of the Tunnel Inspector. 

Til. General Report of Bureau of Miedlation and Arbitration. 

IV. General Report of Bureau of Mercantile Inspection^ 

y. Index of Labor Legislation in 1910. 

VI. Labor Laws in Force October 1, 1910. 

VII. Opinions of Attorney-General Rendered to the Department During Report 

Year. 

[39] 



APPENDIX I. 
FINANCIAL REPORT OF THE DEPARTMEiNT. 

(a) . APPROPRIATIONS AND EXPBNDlTURlfiS FOR THE FISCAL YEAR 

OCTOBER 1, 1909, TO SEPTEMBER 'SO, 11)10. 

Appbopriations. 

L. 1909, chs. 
432, 433 ; 
Balance L. 1910 

Salaries : Oct. 1, 1909. cb. 513. Total 

Commissioner, deputies and 

heads of bureaus $15,700 00 $15,700 00 

Other permanent employees. * 131,800 00 131,800 00 

Temporary employees $863 34 863 34 



$148,363 34 



Traveling Expenses: 

Commissioner 437 18 1,500 00 $1,937 18 

Oth«r officers and employees. 428 44 36,000 00 36,428 44 



38,365 62 



Printing (including Bulletins) . . 36 51 7,000 00 $7,036 51 
Material for Bulletins and Re- 
ports 1,000 00 1,000 00 2,000 00 

Miscellaneous Plxpenses 501 53 11,000 00 11,501 53 



$3,267 00 $204,000 00 



20,538 04 
$207,267 00 



Disbursements. 
Salaries: 

Commissioner, deputies and heads of bureaus $15,700 00 

Other permanent employees 127,665 23 

Temporary employees 590 84 



$143,956 07 



Traveling Expenses: 

Commissioner $1,705 44 

Other officers and employees 34,376 71 



I*rinting, etc. : 

Bulletins (3) $1,993 19 

Material for Burlletins and reports 1,183 96 

Other printing 5,013 09 



36,082 15 



8,190 24 



Office and General Exi>enses : 

Rent of sub-office in New York City $2,500 00 

Postage and transportation (postage, $3,600; express, 

$1,030.87 ; local delivery of annual reports for 1908, 

$360.10; boxes and cases for 1908 reports, $69.69; 

post-office box rent, $16; freight and cartage, $9.14). 5,085 80 

Telephone C$595.95), telegraph and messenger service 

($208.11) 804 06 

♦The unused balance of $829.79 for this item (see p. 48 of last' year's report) 
was rcaippropriated by L. 1910, ch. 513, for miscellaneous expenses ($500) and 
temporary employees ($329.79) and is here credited to the latter items accordingly. 



42 N^Ew York State Department of TAbor. 

Stationery and typewriter supplies (stationery, 
$366.01 ; index cards and guides, $284.51 ; window 
envelopes, $45.12 ; typowritor supplies, $37.95 ; book 
register, $5.50) $739 09 

Books, subscriptions and clippings (newspaper clip- 
pings, $180 ; copies of court testimony, etc., 
$153.70 ; subscriptipns, $117.75 ; city directories, 
$68 ; law books, $68 ; legislative index, $50 ; books 
for library, $39.68 ; maps, $8) 685 13 

OfBce furniture and equipment (ventilating system, 
$196.32; office furniture, $121.40; typewriters and 
repairs, $119.48 ; files and cabinets, $85.25) 522 45 

Other (drinking water and ice, $127.39 ; supplies for 
medical inspector, .^86.31 ; rubber stamps, $32.71 ; 
tow<:ls, $30.25: revision of manuscript, $11.60 ; elec- 
trical supplies, $4.20 ; cutlery, $3.98 ; photographic 
supplies, $1.59 ; sundries, $40.61) 338 64 

Balances 

Salaries : 

Permanent employees $4,134 77 

Temporary employees 272 50 

Traveling Expenses : 

Commissioner of Labor 231 74 

Other officers and employees 2,051 73 

Printing : 

Material for Bulletins and Reports 816 04 

General printing 30 23 

Office and General Expenses 826 36 



10,075 17 
$198,903 63 



8,363 37 



$207,267 00 



(b) INDIVIDUAL SALARY AND EXPENSE ACCOUNT FOR 1910, SHOWING ALSO 
ORGANIZATION AND PERSONNEL OF DEPARTMENT FOR BOTH 1910 AND 
1911 UP TO DATE OF THIS REPORT.§ 

Amount . Traveling 
received expenses 



Date of 

PoBrriONs AND Occupants. appointment. 
Commissioner of Labor: 

John Williams Oct. 4, 1907 

Counsel:'" 

F. H. Cunningham Jan. 1, 1908 

Special Agents — Legal (2) : 

F. V. R. Turk a Oct. 1, 1907 

Charles Whelan Oct. 1, 1908 

Special Agent: 

L. A. Havensb Oct. 1, 1910 

Confidential Agent:* 

H. B. Whitney Oct. 1, 1909 

Auditing Clerk: 

J. S. Lyons Jan. 27, 1899 

Confidential Clerk :*" 

J. R. WUlis c Jan. 8. 1908 

J, H. Williams Dec. 1, 1910 



Salary of 
position. 

$5,000 00 

2,400 00 

1,500 00 
1,400 00 

1 , 600 00 

1,200 00 

1,800 00 

1,200 00 
1,000 OOd 



in 1910. 

$5, (WO 00 

2,400 00 

875 00 
1,400 00 

1,200 00 

1.800 00 

950 00 



in 1910. 

$1,705 44 

187 80 

27 56 
219 22 

870 59 



J Appointees or positions new since Oct. 1, 1910, are indicated by italics; changes in 
salanr since that date are given in footnotes. 
a Resigned May 1, 1910. 

h I'ransf erred from deputy factory inspector (see below). 
c Appointed deputy factory iaspector July 16, 1910 (see below). 
d Reduced from $1,200 Jan. 1, 1911. 
 Exempt. 



Report of the Commissioxer of Labor, 1910. 



43 



Date of 

Positions and Occupants. appointment. 
Stenographer: 

Mary L. Stiegelmaier July 1, 1905 

Page: 

George E. Robertson e Aug. 3, 1908 

Lloyd E. Fuller/. May 8, 1910 

J. J. Shelley June 1, 1910 



Salary of 
position. 

$1,500 00 

360 00 
360 00 
360 00 



Amount 
received 
in 1910. 



Traveling 
expenses 
in 1910. 



Bureau of Factory Inspection. 



Factory Inspector:*! 

W. W. Walling 

Assistant Factory Inspectors (2): 

T. A. Keith* 

H. L. Schnur 

Superintendent of Licenses: 

Daniel O'Leary 

Medical Inspector: 

C. T. Graham*Rogers 

Tunnel Inspector: 

Gustav Werner 

Clerks (6): 

Jessie M. Sweeney 

Electa R. Lockwood 

A. J. O'NeiU 

G. E. Dayton 

Jessie M. Bolin g 

Jennie M. Wickham 

Estelle Jarvis 

Stenographers (3): 

Mary H. Lockwood 

Winifred E. Lockrow 

Jane A. Dillon 

Deputy Factory Inspectors (52) : 

M. J. Flanagan 

D. J. Hanlon 

L. A. Havens 

J. S. Altschul 

L. S.. Arnold i 

C. B. Ash 

Anna C. Bannon 

Maurice Barshell 

Hiram Blanchard 

S. N. Brenner 

G. S. Cangialosi 

G. C. Daniels 

James Davie 

May G. Davies 

W. H. Donahue 

Margaret Finn 



Oct. 4,1907 $3,000 00 



May 27, 1903 
July 22. 1907 



2,400 00 
2.400 00 



July 1,1899 2,400 00 
Nov. 1, 1907 2,400 00 
Oct. 1,1907 1,600 00 



Jan: 9, 1894 

July 1, 1890 

April 3, 1894 

April 1. 1900 

Feb. 1, 1902 

Oct. 1, 1907 

Nov. 1, 1909 

Aug. 19, 1907 
Mar. 10, 1902 
Oct. 16, 1910 

Aug. 17, 1897 
AprU 9. 1896 
Aug. 1, 1899 
Nov. 26, 1906 . 
Aug. 1, 1899 
May 16, 1896 
Aug. 1. 1899 
July 1, 1906 
June 15, 1887 
July 1, 1906 
July 1, 1906 
Jan. 15, 1908 
May 1, 1895 
Jan. 14, 1907 
July 1, 1906 
July 1, 1890 



1,500 00 

1,200 00 

1,200 00 

1,000 00 

900 00 

900 OOh 

720 OOi 

1,000 00 
900 00 
600 00; 

1,600 00 
1,500 00 
1,500 00 
1.200 OOA; 
1,200 00 
1,200 00m 
1.200 00 
1,200 00 
1,200 00 
1.200 00 
1.200 00 
1,200 00 
1.200 00 
1.200 00 
1,200 00 
1,200 00 



$1,500 00 

195 00 

23 23 

120 00 



2.400 00 
2.400 00 

2,400 00 

2,400 00 

1,500 00 

1,600 00 

1,200 00 

1.200 00 

1.000 00 

300 00 

885 00 

600 00 

1,000 00 
900 00 



1,500 00 
1,500 00 
1,500 00 
1,183 33 
912 90 
1,200 00 
1,200 00 
1,200 00 
1,200 00 
1,200 00 
1,200 00 
1,200 00 
1,200 00 
1,200 00 
1,200 00 
1,200 00 



$15,463 23 $3,010 61 



$3,000 00 $1,353 57 



213 69 
498 43 

189 57 

549 43 

816 06 



259 02 
311 41 
628 70 
327 86 
462 14 
399 54 
258 74 
230 89 

343 88 
333 28 
238 11 
404 56 
234 40 
404 00 
219 82 



e Resigned April 15, 1910. 
/Resigned May 31, 1910. 

g Appointed deputy factory inspector Feb. 1, 1910 (see below). 
h Increased from $720 Nov. 1, 1909. 

i Increased from $600 May 1, 1910; increased to $900 Nov. 1, 1910. 
j Transferred from another state department at $600; apnropriation for position $720. 
h Increased from $1,000 Nov. 1, 1909. 
I Died July 4, 1910. 
m Increased to $1,500 Oct. 16, 1910. 
* Exempt, 
t First deputy commissioner of labor. 



u 



Xew York State Departmext of Labor. 



Positions and Occupants. 

Deputy Factory Inspectors (52) Date of 

— (continued) : appointment. 

W. 8. Finney Oct. 1,1907 

William Ford n Aug. 1. 1899 

Lily F. Foster Sept. 3, 1897 

C. M. Gilmore April 1. 1903 

Rebecca B. Gouriie Sept. 16, 1896 

W. H. Guyett July 1, 1906 

C. L. Haibentadt, Ji.o Aug. 17, 1897 

G. I. Harmon April 9, 1896 

Nathan Herzstein Mar. 4, 1907 

G. L. Horn June 1,1900 

J.W.Ireland Feb. 1,1897 

Kate L. Kane July 11, 1895 

C. M. Lessels Aug. 1, 1899 

W. G. Lownsbeiy Aug. 1, 1899 

C. F. Miller, Jr Oct.' 1, 1906 

Ella Nagle Mar. 23, 1893 

F. 8. Nash Feb. 1, 1895 

W. J. Neely Aug. 1,1896 

Joseph O'Rourke May 1, 1895 

Silas Owen Aug. 1,1899 

William Pearson Sept. 23, 1905 

Josie A. Reilly Oct. 1,1896 

W. M. Rich July 1, 1906 

Abraham Sirota July 1,1906 

J. B. Sliter Aug. 1, 1899 

D. C. Sullivan Oct. 1, 1892 

W. E Tibbs June 1,1896 

J. H. Vogl q Oct. 1, 1908 

E. M. Wilber Aug. 15, 1907 

S. T. Wilson. July 15. 1907 

D. S. Yard Aug. i; 1899 

J. W.Andrews r May 1,1910 

Charles Basner Nov. /, 1920 

Jessie M. Bolin 8 Feb. 1, 1910 

C. G. Branch Aug. 1, 1910 

H. P. Brovm Nov. 16, 1910 

A. J. MacKenzie t Aug. 1, 1910 

G. F. O'NeUl V Nov. 12; 1906 

Nathan Schwartz w May 21, 1908 

G. C. Ward April 11, 1910 

J. R. Willis X July 16, 1910 

Florence C. Wilkinson Oct. 1, 1907 

T. F. Woods Oct. 10, 1910 





Amount 


Traveling 


Salary of 


received 


expenses 


position. 


in 1910. 


in 1910. 


1.200 00 


SI. 200 00 


$389 39 


1,200 00 


823 33 


129 03 


1,200 00 


1,200 00 


204 55 


1,200 00 


1.200 00 


565 06 


1,200 00 


1,200 00 


204 16 


1.200 00 


1.200 00 


452 13 


1,200 00 


400 00 


123 29 


1,200 00 


1.200 00 


553 57 


1.200 00 


1.200 00 


288 41 


1.200 00 


1,200 00 


245 47 


1,200 00 


1.200 00 


677 43 


1,200 00 


1,200 00 


567 42 


1.200 00 


1.200 00 


574 89 


1.200 00 


1.200 00 


497 32 


1.200 00 


1.200 00 


252 40 


1.200 00 


1,200 00 


233 05 


1.200 OOp 


1,200 00 


999 38 


1,200 00 


1,200 00 


242 66 


1.200 00 


1.200 00 


799 89 


1,200 00 


1,000 00** 558 74 


1,200 00 


1.200 00 


290 09 


1.200 00 


1.200 00 


624 94 


1.200 00 


1.200 00 


327 75 


1.200 00 


1.200 00 


267 06 


1.200 00 


1.200 00 


690 29 


1.200 00 


1.200 00 


401 65 


1.200 00 


1.200 00 


769 33 


1.200 QOq 


933 31 


234 77 


1.200 00 


1,200 00 


442 91 


1,200 00 


1.200 00 


426 55 


1.200 00 


1.200 00 


632 75 


1.000 00 


333 33 


97 54 


1,000 00 . 






1,000 00 


666 67 
166 67 




1,000 00 


28 90 


1,000 00 






1,000 00m 


166 67 


33 16 


1.000 00 


473 10 


167 82 


1,000 00 


166 67 


• 53 08 


1.000 00 


472 22 


102 97 


1,000 00 


208 33 


225 09 


1,000 OOu 


1,000 00 


305 47 


1,000 00 














$81,691 53 


$23,357 46 



n Died June 7, 1910. 
i> Resigned Feb. 1, 1010. 
r> Increased to $1,500 Oct. 16, 1910. 

q Transferred from deputy mercantile inspector Dec. 1, 1909 (see below); salary increased 
to $1,200 April 1, 1910. 
r Resigned Sept. 1, 1910. 

8 See above under *' clerks." » 

t Transferred from deputy mercantile inspector Aug. 1, 1910 (see below). • { 

u Increased to $1,200 Oct. 16, 1910. 
V Resigned March 21, 1910. 

w Transferred to deputy mercantile inspector Dec. 1, 1909 (see below). 
X See above under " conlidential clerk.^' 
♦* Suspended two months without pay. 



Eepobt of the Commissioner of Labor, 1910. 



46 



'^' Date of . 

; Positions and Occupants. appointment. 

BUBEAU OF LaBOB 

Chief Statistician: 

L. W. Hatch. . ; Nov. 16, 1907 

Senior Statisticians (3): 

G. A. Stevens June 4, 1888 

J. H. Middleton r Jan. 11, 1904 

C, H. Sears Oct. 1, 1910 

L. D. Jones Nov. 16, 1910 

Expert: 

E. B. Patton Jan. 9, 1911 

E. S. Whitin u Dec. 8, 1908 

J. A. Fitch V May 1, 1909 

Junior Statisticians (4) : 

D. J. Naughtin Sept. 23, 1897 

D. A. Hausmann c Dec. 28, 1908 

R. R. Sherwood Oct. jT, 1910 

L. D. Jones Aug. 1, 1909 

Special Agents (5): 

T. J. Hammill Mar. 1, 1898 

W. E. Pettit June 7, 1898 

J. F. Bolin Oct. 1, 1907 

P. J. Honan Oct. 1, 1907 

D. W. O'Connor Mar. 1, 1898 

Librarian: 

P. J. B. Haegy Feb. 1, 1907 

Clerks (3): 

Kate Shaffer Sept. 14, 1886 

C. E. Force Oct. 21, 1908 

J. B. Anglum z Nov. 16, 1910 

Stenographers (2): 

Caroline E. Rosenbloom Oct. 1, 1910 

Ida B. Frank Feb. ' 1, 1910 

Macie E. Kemp a Oct. 1, 1907 



Salary of 
position. 

Statistics. 



Amount Traveling 
received expenses 
in 1910. in 1910. 



$2,700 00s $2,700 00 $105 70 

2,400 00 2,400 00 231 66 

1,800 00 1,468 56 

i8,000 OOt , 

1,800 OOW 

1 ,800 00 

1,800 00 1,800 00 852 57 

1,500 00 1,125 00 90 04 

1,500 00 1,500 00 155 74 

1,200 00 1,200 00 , 272 09 

1,200 00 

1,500 006 1,250 00 249 36 

1,440 00a; 1,440 00 221 10 

1,440 OOx 1,440 00 368 74 

1,200 002^ 1,200 00 204 39 

1,200 OOy 1,200 00 225 62 

1,300 00 1,300 00 ^6 60 

1,000 00 1,000 00 

1 , 600 00 1 , 500 00 

900 OOflr 750 00 31 76 

600 00 

900 00 

720 00 480 00 

720 00 195 48 

$23,949 03 $3,245 27 



Bureau of Mediation and Abbitration. 
Chief Mediator:* J 

John Lundrigan h Mar. 21, 1901 $3,000 00 $3,000 00 $1 ,727 27 

W.C.Rogers Oct. 16,1910 3,000 00 

Mediator:* 

M.J.Reagan July 10, 1905 2,500 00 2,500 00 446 40 

Assistant Mediators (2):* 

P. J. Downey Oct. 1, 1907 1 , 500 00 1 , 500 00 386 69 

.James McManus. Oct. 1,1907 1,500 00 1,500 00 399 90 

r Resigned July 25, 1910. 
8 Increased to $3,000 Oct. 1, 1910. 
t Increased to $2,000 Oct. 1, 1910. 
u Resigned Dec. 15, 1910. 

V Resigned Aug. 1, 1910. 

w $1^500 until Feb. 1, 1911, in view of prior promotion on Aug. 1, 1910 (see under" junior 
statisticians "). 

X Increased to $1,500 Oct. 1, 1910. 

V Increased to $1,300 Oct. 1, 1910. 

rr Transff^rred from another state departraant at $600; appropriation for position S720. 

a Transferred to another state department Jan. 8, 1910. 

h Increased from $1,200 Aug. 1, 1910. 

c Resigned Dec. 31, 1910. 

(J Increased from $720 Aug. 1, 1910; appropriation for position $1,200 

h Resigned Oct. 15, 1910. 

t Second deputy commissioner of labor 

 Exempt. 



46 New York State Department of Labor. 



Amount Traveling 

Date of Salaiy of received expenses 

Positions and Occupants. appointment. position. in 1910. . In 1910. 
Special Agent: 

J. J. Bealin June 26. 1896 $1 , 500 00 $1 .500 00 $262 26 

Clerk: 

Mabel L. Crounse Oct. 1,1906 900 00 900 00 



$10,900 00 $3,212 52 



Bureau of Mercantilb iNSPEcnoN. 

Mercantile Inspector:* 

J. L. Gemon Oct. 1,1908 $2,000 00< 

Deputy Mercantile Inspectors (S) : 

Eunice Burton July 1. 1910 1 ,000 00 

Mary L. Carbon Oct. 1. 1908 1 ,000 00 

E. P. Dunham Nov. 1, 1910 1 ,000 00 

F. L. Fisher Oct. 1, 1908 1 ,000 00 

J. P. Harsha Oct. 1, 1908 1 ,000 00 

Mary F. Lyons d July 12, 1910 . 1 ,000 00 

A. J. MacKenzie n ' Oct. 1,1908 1.000 00 

Robert Northrup Oct. 1, 1908 1 ,000 00 

Nathan Schwartz ^ Dec. 1, 1909 1 ,000 00 

Edward Quigley Oct. 1, 1908 1 ,000 00 

J, H. Vogt »» Oct. 1, 1908 1,000 00 

E. H. Williamson I Oct. 1. 1908 1 ,000 00 

Clerk: 

Annie Schlesinger Oct. 1, 1908 900 00 900 00 

Stenographer: 

May L. Hornier Oct. 1,1908 900 00 900 00 



Bureau of Industries and Immigration. 

Chief Investigator: 

Frances A. KeUor Oct. 1,1910a $£,500 00 

Special Investigators (5); 

A. A, Daniele Oct, 10, 19iab 1 ^BOO 00 

J. S. Henry Oct. 10, 1910b 1 ,£00 00 

M. J. Sullivan Oct. 10, 1910b 1,200 00 

G. C. Troiano Oct. £6, 1910c 1 ,£00 00 

Carola WoerUhoffer Dec. 8, 1910d 1 ,£00 00 

George Bartaszius Dec. 8, 1910b 1 ,£00 00 

Alfred Markus Jan. 9,1911 1 ,£00 00 

L. C. Wagner Jan. 9, 1911 1 ,£00 00 

I. O. Brine Jan. 16, 1911 1 ,£00 00 

Joseph Mayper Jan. 16, 1911 I ,£00 00 

Stenographer: 

Edith I. Davis e Dec. 1, 1910 1 ,£00 00 



$2,000 00 


$888 4$ 


250 00 


23 29 


1.000 00 


234 91 


1.000 00 


383 70 


1,000 00 


297 36 


169 35 




833 33 


294 32 


1,000 00 


307 73 


833 33 


258 08 


1,000 00 


267 04 


166 67 


60 85 


308 76 


161 05 



$11,361 44 $3,176 79 



t Increased to $2,500 Oct. 1, 1910. 
j Resigned Sept. 12, 1910. 

A; Transferred from deputy factory inspector Dec. 1, 1909 (see above). 
I Suspended Nov. 26, 1909 to Jan. 5, 1910; resigned March 1, 1910. 
m Transferred to deputy factory inspector, Dec. 1, 1909 (see above), 
n Transferred to deputy factory inspector, Aug. 1, 1910 (see above). 
<i Appointed provisionally Oct. 1; permanently Dec. 1. 1910. 
h Provisional appointment which terminated Jan. 7, 1911. 
c Provisional appointment which terminated Nov. 15, 1910. 
d Appointed provwionally Dec. 8; permanently, Jan. 9, 1911. 
e Resigned Jan. 15, 1911. 
• Exempt. 



Report of the Commissioner of Labor^ I&IO. 47 



Positions and Occupants. 

Clerk: 

W. L. Johnson 


Date of Salary of 
appointment. position. 

Temporary Employees. 


Amount 

received 

. in 1910. 

$156 80 

147 10 
75 00 
60 00 
91 94 

60 00 


Traveling 
expenses 
in 1910. 


Stenographers: 

Marjorle C. Boff 






Justina M. Groeran 






Grace P. Manning 

Anna M. Sweet 


• ■•••■■•■•■• •■■••••• 




Interpreter: 

A. A. Daniels 




$79 50 




• 




/ 


$590 84 


$79 50 


. -^ 


$143,956 07 


$36,082 15 



48 New York State Department of Labor. 

APPENDIX 11. 

GENERAL EEPORT OF BUREAU OF FACTORY IN- 
SPECTION. 

(A) Report. OF the Factory Inspector. 
Hon. John Williams, 

Commissioner of Labor j Albany, N. Y. 

Sir: The following tables summarize the work of the Bureau 
of Factory Inspection for the year ended September 30, 1910 : 

1. WORK of deputy FACTORY INSPECTORS. 
Regular inspections: 



Factories in separate buildings 

Tenant factories 

Laundries •. 

Bakeries 

Mines or quarries 

Tunnel workings 

Tenant factory buildings 

Tenement buildings (licensed) . 



1910. 


1909. 


1908. 


1907. 


12,178 


11,571 


11,854 


12,431 


25,847 


24,304 


23,480 


22,97f 


2,320 


2,359 


1,945 


1,967 


4.156 


4,853 


4,101 


3,874 


84 


121 


118 


173 


46 


13 


22 




150 


277 


125 


820 


12,035 


10,219 


8,751 


4,577 



Total 56,816 53.717 50,396 46.816 



Special inspections (factories, laundries, bakeries) . 1 , 368 1 , 147 1 , 427 1 , 476 



InvestiGT&tions * 

Applications for license 1,835 3,179 3,195 3,740 

Complaints 938 870 603 . 643 

Compliances : §35,460 t30,640 *32,448 34,863 

On special orders 2,967 3,074 3,473 1,412 

^m^^^m^^m^^m^m^i^m m^m^t^^^^^^i^^^ ^^m^^^^^^^^^^ ^^^^^^.^^.^^i^w 

Total 41,200 37,763 39,719 40.658 



Observations — tenement buildings (unlicensed) ... 2 , 125 2 , 135 4 ,-736 5 , 430 
Tunnel workings. 75 200 ^ 186 



Tagging to stop work: 

Goods in tenements (§ 100) 126 104 71 251 

Goods in tenant factories (§95) 469 399 446 356 

Articles in bakeries (§ 114) 191 59 14 26 

Unsafe machinery (§81) 3 11 

Scaffolding (§19) 1 3 1 

Total 786 566 545 634 



Prosecutions begun** 610 611 743 374 

Days or parts of days on court work 1 , 442 1 , 699 '^ 1 , 796 t 



2. tenement manufactures. 

STATB>fBMT OF LiCBXSBS FOR EVTIRB PERIOD OP AMBIfDED LAW (OCT. 1, 1904-SEpt 

30. 1910). 



New 

York 

City. 


Re- 
mainder 
of State. 


15,183 


567 



Total 

Total applications received 15, 183 567 15, 750 

Total applications granted 13 , 673 

Total applications refused (net)* 170 

Applications canceled 1 , 320 

Applications pending 20 

Licenses canceled at request of applicants 801 

Licenses revoked for unlawful conditions 31 



Total number of licensed premises 12,841 



563 
4 


14,236 

174 

1,320 

20 


12 


813 
31 


551 


13,392 



t Not reported. 

* Includes 19,211 first and 13,237 subsequent visits, 
t Includes 19,775 first and 10,865 subsequentTvisit«». 
§ Includes 21,929 first and 13,531 subsequent ivisits. 
** S«6 ddtailed table of pfosodutions below. 



Rbpobt of the Commissioneb of Laboe, 1910. 



49 



Record of Licenses for 1910. 



Applications pending Oct. 1, 1909. 
Applications received during year. 



Total 



On first investigation: 

Applications granted 

Applications refused 

Applications canceled 

Applications pending Sept. 30, 1910. 



On reinvestigation of applications previously 
refused: 

Applications granted 

Applications refused again 

Applications canceled 



Total 



On reinvestigation of applications previously sus- 
pended: 

Applications granted 

Applications refused 

Applications canceled 

Total 

Licenses canceled at request of licensee. 



qi 



Licenses revoked for unlawful conditions . 

Net increase or decrease in — 

Outstanding licenses 

Refused applications 

Canceled applications 



Outstanding licenses Sept. 30, 1910 



New 
York 

City. 

12 
1,637 


Re- 
mainder 
of State. 

io 


Total. 

12 
1,647 


Total, 
1909 

10 
1,816 


1,649 


10 


1,659 


1,826 


i;452 

154 

23 

20 


10 


1,462 

154 

• 23 

20 


1,569 

222 

23 

12 


119 
38 
43 




119 
38 
43 


322 
132 
227 


200 




200 


681 


169 

57 

. 623 


749 


277 
11 




277 
11 


112 
9 


+ 1,283 

— S 

+ 66 


+ 10 


+ 1.293 

—8 

+ 66 


+ 1,939 
—270 

+ 7.73 


12,841 


551 


13,392 


12,099 



3. CHILDREN FOUND IN FACTORIES. 



County. 



Albany 

Allegany . . . 
Broome . . . . 
Cattaraugus. 

Cayuga 

Chautauqua. 
Chemung . . . 
Chenango. . . 

Clinton 

Columbia. . . 

Cortland 

Delaware. . . 
Dutchess . . . 

Erie 

Essex 

Franklin 

Fulton 

Genesee .... 

Greene 

Hamilton. . . 



Under 16 but not Under 14, 
Employed — 



Legally.* 



iLLEGALLY.t 



Under 14 Years. 

(Illegally Total 

employed.) children 











^ 




under 


Boys. 


Girls. 


Boys. 


Girls. 


Boys. 


Girls. 


16. 


148 


193 




9 






850 


1 


3 










4 


12 


30 


1 


2 






45 


23 


26 








• 


49 


25 


29 










54 


96 


76 


3 








176 


8 


16 










24 


1 


10 


2 


1 






14 


4 


9 










13 


33 


26 











69 


7 


2 


1 








10 


2 


1 










3 


32 


21 










«3 


558 


412 


22 


21 


1 




1,014 


12 


4 


7 


6 


2 




31 


77 


82 


4 




6 


1 


170 


19 




1 




1 


3 


46 


3 


2 










6 



* A total of 4,603 applications (all but 27 in New York City), have been refused on fir 
investigation; but all but 174 of these were afterward granted or canceled on reinvestigation 



50 



New York State Department of Labor. 



3. children found in factories— Continued. 



County. 



Herkimer 

Jefferson. . . . 

Kingst 

Lewis 

Livingston . . . 

Madison 

Monroe 

Montgomery . 

Nassau 

New Yorkt . . 

Niagara 

Oneida 

Onondaga. . . 

Ontario 

Orange 

Orleans 

Oswego 

Otsego 

Putnam 

Queenst 

Rensselaer. . . 
Richmond^ . . 
Rockland. . . 
St. Lawrence. 
Saratoga .... 
Schenectady . 

Schoharie 

Schuyler 

Seneca 

Steuben 

Suffolk 

Sullivan 

Tioga 

Tompkins . . . 

Ulster 

Warren 

Washington. . 

Wayne 

Westchester. . 
Wyoming.. . . 
Yates 



Total: 



1910. 
1909. 
1908, 
1907 



Under 16 but not Undeb 14, 
Employxd — 



Legally.* 



Illegally.! 



Under 14 Years. 

(lUegally 

employed.) 



Boys. 

20 

9 

522 

2 

1 

6 

341 

71 

3 

1,313 

65 

164 

162 



Girls. 

36 

7 

1,113 

2 

11 

460 

102 

5 

2,835 

69 

250 

165 



Boys. Girls. Boys. 



65 



80 



13 



Girls. 



8 



11 
1 
6 
140 
11 
1 
6 



16 



262 
6 



25 
1 



1 
29 



Total 
children 
under 
16. 

57 

16 

1,791 

4 

1 

17 

834 

174 

15 

4,604 

151 

415 

332 



73 

17 

31 

3 

3 

175 

62 

38 

20 

12 

8 

95 



38 

9 

47 

9 

1 

301 

84 

39 

12 

28 

19 

12 



1 
2 
1 



14 

4 
2 



22 
2 



5 
2 



3 

8 
36 



5 
3 

64 



3 

4 



1 
100 

2 

7 
14 
57 
13 

6 



3 

1 
136 

3 
19 
13 
67 
22 

3 



1 
2 



9 



4,514 
4,182 
4,711 
5,999 



6,947 
5,411 
5,434 
6,483 



314 
323 
672 

1,212 



445 

419 

656 

1,123 



112 

28 

79 

12 

4 

520 

152 
79 
32- 
47 
29 

107 



8 

11 

94 

5 

3 

2 

236 

5 

26 

28 

137 

35 

9 



57 

44 

144 

108 



53 12,330 

36 10,415 

161 11,778 

57 14,982 



* i.e. having employment certificates, 
t i.e. not having employment certiticjite^. 
t New York city. 



Ebpobt of the Commissioner of Labor, 1910. 51 



4. NUMBER OF CHILDREN'S EMPLOYMENT CERTIFICATES ISSUED BY 

BOARDS OF HEALTH IN FIRST AND SECOND CLASS CITIES. 

New York City:* 1907. 1908. 1909. 1910. 

Bronx Borough 1 ,875 2, 101 2,450 3, 186 

Brooklyn Borough 1,078. 5,354 8,910 11,214 

Manhattan. Borough 12,266 12,772 14,936 18,261 

Queens Borough 669 607 1,596 2,262 

Richmond Borough ' 144 103 120 137 

Total 16,032 20,937 28,012 35,060 

Buffalo 1,250 832 1,123 1,403 

Rochester 965 556 1 ,066 1 , 378 

Syracuse 816 674 856 93a 

Albany 231 110 174 258 

Troy 361 280 306 36^ 

Utica . 440 288 406 638 

Yonkers 113 105 195 135 

Schenectady 280 134 204 312 



5. SUMMARY OF PROSECUTIONS (FACTORIES AND MINES). 

Results to September 30, 1910. 



Offense. 



CONVICTED. 

*— *- — * 

I)ia- Sen- 

missed tence 

No. of Pend- or ac- With- 8us- 
cases ing. quitted drawn, pended. Fined. 



Fines. 



(A). Proceedings Instituted Before Octcber 1, 1909. 

II. Sanitation AND Safety: 

Failure to provide lights in halls, stairways or. 

water-closets. 1 

Failure to provide water-closets 3 

Failure to supply sufficient water to flush water- 
closets / 1 

Failure to keep water-closets clean 1 

Failure to provide dressing rooms 2 

Failure to provide wash rooms 1 

Failure to provide sufficient ventilation 5 1 

Failure to provide exhaust fans 16 



III. Children: 

Employing children under. 14 

Employing children under 16 without Board of 

_ Health certificates 

Employing children under 16 more than 8 hours 

per day 

Employing children imder 16 after 5 p. IL or before 

8 a. M 

IV. Women and Minors: 

Employing women more than 60 hours per week. . 

VI. Work Shops in Tenements: 

Permitting goods to be manufactured in unlicensed 
houses 

X. Miscellaneous: 

Failure to pay wages weekly 



Total. 



14 

35 

1 

1 

6 



94 



(5). Proceedings Instituted in Current Year 
I. Administration: 

Failure to rei>ort accident 9 

Interfering with deputy factory inspector 5 



2 
1 



2 
6 





1 


 "3 


""i 

"14 


3 


2 




11 


1 









150 



1 

2 


25 
40 


* • 

1 
2 


"26 
40 


7 


145 


16 


320 



20 



2 . 


• • • • 




4 


80 


• • • • • • 


.... 




1 


250 


19 


. 7 


29 


36 


1990 


"""5 ! 




9 







* Fijirures for New York City include " mercantile " as well as " manufacturing " cer- 
ificates. 



52 New Yoeos: State Department of Labok. 



5. SUMMARY OF PROSECUTIONS (FACTORIES AND MINES) — ConHniud. 

Rbui/is to Sbptkmbch 30, 1910. 



CONVICTBD. 



Dis- Sen- 

miased tenoe 

* No. of Pend- orac- With- sus- 

OrrENBE. cases, ing. quitted, drawn, pended. Fined. Fines. 

n. Sanitation AND SA.rBTT: 

^Failure to provide lights in halls, stairways or 

water-closets 3 2 1 

ailure to provide water-closet 6 2 1 1 2 $40 

Itilure to provide sufficient water to flush water- 

Failure to keep water-closets clean 4 1 3 75 

f Failure to repair water-closets 1 1 



X. MjSCBLLANBOXTS: 

Failure to pay wages weekly 6 1 2 2 100 

Failure to pay wages in cash 

Total 610 81 75 11 249 194 S4, 400 

Grand Total 704 84 94 IS 278 230 $5,390 



1 










1 

3 
2 
1 


" "i 


"i 


m • • • % 


""2 
2 


5 


1 




2 




1 


1 








610 


81 


75 


11 


249 


704 


84 


94 


IS 


278 



•  • • • 



Failure to provide separate water-closets 2 2 . .' 

or Tailure to whitewash walls of water-closets 1 1 

f Failure to provide dressing room 12 5 6 1 20 

Failure to provide drying room in foundry 1 1 25 

Failure to keep floors clean 1 1 

' Failure to paint halls 1 1 

failure to provide sufficient ventilation 2 1 1 100 

Failure to provide sufficient air space 3 2 1 20 

Failure to provide exhaust fans 13 2 2 8 1 50 

Failure to guard saws 7 3 4 

Failure to guard set screws 2 2 45 

Failure to guard fly wheel 1 1 

Failure to guard shafting 1 1 

Failure to guard overhead belting 2 1 1 90 

Failure to provide hand rail » . . 2 2 

Failure to keep doors unlocked during working 

hours 1 1 ..... 



I ..I. Children: 

Employing children under 14 66 15 4 19 28 595 

Employing children under 16 without Board of 
^Ith certificate 221 43 31 5 60 82 1.705 

Employing children under 16 more than 8 hours 

per day 12 1 1 1 6 4 100 

' Employing children under 16 after 5 p. m. or 

before8A.M 192 5 20 2 111 64 1,235 

Employing children under 16 on dangerous ma- 
chinery 1 >. 1 20 

IV. Women and Minobs: 

Employing women and minors more than 6 days in 

one week 9 7 2 45 

Employmg women and minors more than 60 hours 

Employing females after 9 p. M 6 5 1 25 

VI. Work Shops in Tenements: 

Permitting goods to be manufactured in unlicensed 

VII. Bakeries: 

Removing labels from oven and instruments 1 1 20 

Failure to provide vientilating pipes over oven door 

Failiure to whitewash walls and ceilings 

Failure to plaster stone walls of bakery 



• • • • • 



RbPOHT 01* THE CoMMlSSlOI^Ett OF LaBOR, ISlO. 



53 



6. ACCIDENTS REPORTED IN FACTORIES, MINES AND QUARRIES IN YEAR 

ENDED SEPTEMBER 30. 1910. 



(a) Age a'Rp Sex of Persons Injured. 

Age. 



Sbx. 



Cause. 

Mechanical power 

Heat and electricity 

Fall of person 

Injured. by weights 

Flying objects 

Vehicles, and accidents 

caused by animals 

Miscellaneous 

Total 



Under 


16-18 


18 + 


Not 


\ 




F©. 


16 years. 


years. 


years. 


stated. 


Total. 


Males. 


males. 


72 


763 


10,306 


104 


11,245 


10,567 


678 


6 


48 


2,062 


19 


2,136 


2,106 


29 


11 


56 


1,909 


17 


1,993 


1,923 


70 


4 


98 


5,731 


20 


5,853 


5,833 


20 


2 


16 


1,034 


8 


1,060 


1,057 


3 


1 

2 


14 


431 


3 


450 


448 


2 


8 


98 


2,531 


17 


2,654 


2,586 


68 


105 


1,093 


24,004 


188 

• 


25,390 


24,520 


870 



(b) Cause and Extent of Injuries. 

Extent of Injuries. 

,  « 

Serious, 
Total probably 

Cause. cases. Temporary, permanent. Permanent. 

Mechanical power 11,245 7,739 1.621 1,731 

Heat and electricity... 2,135 1,818 175 29 

FaU of person 1,993 1,857 78 28 

Injured by weights 5,853 5,302 334 178 

Flying objects 1,060 929 102 29 

Vehicles, and accidents caused by ani- 
mals 450 397 36-' 12 

Miscellaneous 2,654 2,478 130 34 

Total 25,390 20,520 2,476 2,041 



Fatal. 

154 

113 

30 

39 



5 
12 

353 



(c) Extent of Injuries, by Industries. 

Extent of Injuries. 

, ^ 

Serious, 
Total probably 

Industries. cases. Temporary .permanent. Permanent. Fatal 

1. Stone, day and glass products 743 565 .61 73 "^ 44 

2. Metals, machines and conveyances. 15,836 13,049 1,550 1,120 117 

3. Wood manufactures 1 , 562 1 ,060 183 298 f^ 21 

4. Leather and rubber goods 453 330 51 61 . '/ 11 

6. Chemicals, oils, paints, etc 1, 130 989 71 42 T 28 

6. Paper and pulp 1 , 171 919 153 87 5>^ 12 

7. Printing and paper goods 721 527 100 89 fj 5 

8. Textiles 1,264 1,039 105 112 '^ 8 

9. Clothing, millinery, laundry, etc. . 288 227 29 27 1-; 5 

10. Food, liquors and tobacco 763 608 62 65 1^ 28 

11. Water, light and power 627 548' 37 18 ^ 24 

12. Tunnel construction 817 647 73 48 49 

13. Tenant factory buildings 15 ' 12 1 1 '" ^ 1 

Total 25,390 20,520 2,476 2,041 353 



64 New York State Department of Labob« 

WOBK OF deputy PACTOBY INSPEOTOBS. 

JLhiring the year ended September 30, 1910, the force of deputy 
factory inspectors made regular inspections throughout the State, 
including factories, laundries, mines, tunnels and tenement houses, 
to the number of 56,81'6. This number exceeds the figures for the 
previous year by 3,099. In fact, the number of inspections during 
the past four years shows the same steady increase, year by year, 
for in 1907, 46,816 inspections were made, exactly ten thousand 
less than in the last year. The number of manufacturing plants 
is growing, while new legislation has extended the power and 
duties of the Department in various ways. 

The popularity of modem loft buildings with all the conven- 
iences in the way of elevators, light, heat, ventilation and sanitary 
arrangements is evidenced by the fact that their number is rapidly 
increasing, especially in New York city. As a result inspections 
of factories located in such buildings numbered 25,84:7 as against 
24,304 during the previous year, or nearly three thousand more 
than in 1907, while the number of inspections of factories in 
separate buildings for the same period has decreased 253. 

A tenant factory is a building with at least two tenants, one of 
which is a factory. Therefore, the loft building used wholly or 
partially for manufacturing purposes holds about two-thirds of 
the factories of the State. Until quite recently, very few such 
buildings were found outside New York City, but from the stand- 
point of convenience and economy they are attractive to most 
manufacturers of light goods, and as a consequence many up-state 
cities are erecting loft buildings. Aside from nearly 57,000 
regular inspections, 41,200 visits were made on applications for 
licenses, in the investigation of complaints and compliances with 
orders. Of the visits on compliances, 21,929 were first and 
13,531 were second or subsequent visits. 

A slight increase over 1909 is noted in tagging of goods in 
tenements, while seventy more tenant factories were tagged' in 
1910 than in 1909. In bakeries the ovens and utensils were 
tagged in 191 cases, and in some instances such bakeries have not 
been re-opened. The use of the tag in bakeries may have some- 
thing to do with the total number of inspections in bakeries, which 
decreased 697 from the figures of the previous year. 



E.BPOET OF THE COMMISSIONER OF LaBOB, 1910. 55 

The total number of prosecutions instituted by officials of the 
factory inspection bureau was 608, while the days or parts of 
days spent in court by deputies in connection with these cases 
were 1,442. In 1909, 1,699 days in coiirt were spent on 511 
cases ; the increase in number of cases and decrease in time, speak 
w6ll for Counsel F. H. Cunningham and his assistant, Charles 
Whelan, who have charge of the legal work of the bureau. 

During the past year, many complaints have been received, 
alleging that corporations were failing to pay the wages of em- 
ployees weekly. All such complaints have been investigated, and 
whenever sustained, orders were issued, directing compliance with 
the statute. I know of no instance where compliance with the 
order has not been reported. 

TENEMETs^T MANUFACTURES. 

During the entire period in which the present tenement-house 
law has been effective, 15,750 applications for licenses have been 
received, all but 567 of which were in Greater ISTew York. Dur- 
ing the 1910 year 1,637 applications were made, all but 20 having 
been investigated. Of thes^, 154 were refused, 2'3 were canceled 
and 20 were pending on September 30, 1910. 

The inspections during the year were carefully made, and 
covered practically all of the licensed tenements and rear-shop 
buildings in Greater New York. 

At the times of the inspectors' visits, persons to the number 
of 20,123 were found working in 12,829 apartments. Of the per- 
sons employed, 5,030 were working in 1,556 separated shops in 
stores, wherein the license features of the tenement-house law do 
not apply. One hundred and fortj^-seven persons w^ere illegally 
employed, 77 children of school age were working during the 
sessions of the public schools and while 171 cases of disease were 
reported in licensed houses, but two cases (measles) were found 
in apartments where work was being done. 

The general sanitary condition of licensed tenements was very 
satisfactory, orders having been issued against but 477 buildings, 
while in the case of rear-shop buildings, only 27 were found re- 
quiring orders. 

In his report to me. the superintendent of licenses, Daniel 



56 Kew York State Department of Labok, 

O'Leary, says : ^' Generally speaking, the work of the bureau is 
satisfactory. We try to combine with our legal duties patience 
aud common sense, with a mingling of charity here and there, for 
those ujgon whom the strong arm of the law rests heaviest are the 
very poor, and we must be very careful lest in our overzeal we 
make the burden heavier." 

accidents. 

The total number of accidents reported to the bureau during 
the 1910 year was 25,390, an increase over the figures of the pre- 
ceding year of 8,560, or approximately fifty per cent. One would 
naturally infer that factory accidents were increasing at an alarm- 
ing rate, but such is not the case. I further believe that the 1911 
year will show a proportionally larger number of accidents re- 
ported to the bureau, and even in the face of this fact, I am of the 
opinion that accidents in factories are decreasing. In the report 
of the factory inspector for the year 1887, there is published a 
list of 156 persons who were either injured or killed throughout 
the State during the months of June, July, August, September, 
October and November, 1886. This list included all reports re- 
ceived by thfe Department during the six monfhs mentioned. The 
law requiring the reporting of accidents (with minor changes) 
is the same to-day as it was in 1886. 

Appreciating that the prevention of industrial accidents was 
one of the most important functions of the factory inspector, the 
first effective step was to find out how, why and where accidents 
occurred. A careful investigation, supplemented by the use of 
newspaper clippings disclosed the fact that large numbers of 
manufacturers throughout the State refrained from reporting 
accidents. The deputy factory inspectors were therefore in- 
structed to closely question factory owners in all places where 
accidents might be expected to occur, and also to extend their 
investigation among employees. Some manufacturers considered 
that a report to the company carrying their insurance was what 
was required. In Buffalo, actions for failing to report accidents 
were instituted against two large manufacturing concerns, from 
whom' no reports had been received in years. Immediately 
after the actions were started, due dioubtless to the pub- 
licity given by the press, accident reports were received in large 



Rbpobt of the Commissionee of Labor, 1910. 57 

numbers, not only from Buffalo but throughout the western part 
of the State. One of the two defendants, above mentioned, mailed 
to this office over forty reports of accidents which had occurred in 
its plant during the preceding three months, and since the trial, 
reports have been coming in regularly. AH reports of accidents 
were carefully read as soon as received at this office. Whenever 
it appeared that the accident occurred on an unguarded machine, 
an order was immediately sent to the responsible person, requiring 
compliance with the law relative to this and similar pieces of 
machinery. Compliance with these orders was then later in- 
vestigated by a deputj^ inspector. 

If the accident report showed the machine in question to have 
been properly guarded, a letter was written asking how, and 
whether at time of accident the guard was so placed as to render 
it most effective. 

During the year 772 letters have been sent out on the above 
subjects. The replies to such letters were remarkable in their 
uniformity. " It was guarded as well as possible," was the most 
common answer to our inquiry as to how the machine was guarded. 
The matter was not allowed to rest, however, until the facts were 
disclosed, either by correspondence or through a deputy inspector. 
As a result of our investigations 565 orders were issued during the 
year, relating to machinery which was either totally unguarded at 
time of accident,, or upon which the guard had been permanently 
or temporarily removed. 

Insistance upon orders to guard certain kinds of circular saws, 
has brought repeated protests from manufacturers and even from 
workmen who claimed that the hazard was increased by the use 
of guards. My attention has been called to but three accidents 
on saws, during the year, which occurred when a guard was in 
proper position. I have yet to see a saw-guard which will prevent 
the possibility of any and every accident. An effective guard 
will, however, reduce the hazard to practically nil. 

Of the total number of accidents reported over ninety-six per 
cent occurred to males; less than four-tenths of one per cent to 
children of both sexes under 16 years of age and about four per 
cent to those between the ages of 16 and 18. The operation and 
use of mechanical power was the cause of 11,245 accidents, or 



58 New Toek State Depabtment of Labob. 

nearly half of all reported, while 5,853 were injured by weights 
or inanimate objects. The industry group of " metals, machines 
and conveyances " furnished considerably more than half of the 
accidents, 15,836 being reported. 

Of the total number of persons injured, 353 or one and four- 
tenths per cent were killed or died as a result of the accident, 
eight per cent were permanently disabled, and nearly ten per 
cent were seriously injured with probably more or less permanent 
results. 

In spite of the figures for the year, I am of the opinion that 
the work of deputy inspectors, relative to the safeguarding of the 
danger points in factories, is becoming more and more effective 
and that the actual number of factory accidents is slowly but 
surely decreasing. 

CHILD LABOR. 

For the year ended September 30, 1910, 12,330 children under 
the age of sixteen years were found employed, in the factories of 
the State, exceeding the number during 1909 by nearly two thou- 
sand. Of the total number employed, 110 were imder the age of 
fourteen, and in each instance where sufficient proof of the child's 
age could be obtained by the inspector, the employer was prose- 
cuted. There were 12,220 children between the ages of fourteen 
and sixteen, 759 of whom were illegally employed, or 6.2 per cent. 

The steady decrease in number of children between 14 and 16 
years, who are illegally employed, is as follows : 

1007 15 . 8 per cent. 

lOOS 11.6 per cent. 

1000 7 . 2 per cent. 

1010 G.2 per cent. 

Of the total number in this class, 7,392 were girls and 4,828 
boys. At the time of the hearing on the hill limiting the hours 
of children to eight per day, and between the hours of 8 a. m. and 
5 p. M., and also the bill prohibiting the employment of children on 
dangerous machines and at certain occupations, it was argued that 
the passage of these measures would drive children out of factories 
on to the streets. The figures quoted above do not sustain such 
arguments. Many manufacturers have been more or less in- 
different as to the question of hours, and it has been necessary to 



Rbpobt of the Commissioner of Labob^ I&IO. 59 

bring a large number of actions for the employment of children 
after 5 p. m. No such actions were brought, however, until the 
employer had been warned, both by a deputy inspector and by a 
written notice from the Albany office. 

In Greater New York were found 6,994 children out of the 
total of 12,330, or 55 per cent, 2,300 being boys and 4,694 girls, 
while in the counties of Chautauqua, Erie and Schenectady boys 
considerably outnumbered girls. In four counties, no children 
under 16 were employed at the time the factories were inspected. 
In but thirteen counties of the State, were found children under the 
age of 14 years. Greater New York furnishing 83 of the total of 
110 for the state. While from certain viewpoints, the entering 
upon life's struggles at the age of 14 is more or less deplorable, 
the safeguards that are thrown about a child in a New York 
State factory are quite comprehensive. Before obtaining an em- 
ployment certificate, he must satisfy the officer issuing it, by docu- 
mentary evidence, that he is in fact upwards of the age of 14, 
and that he attended school at least 130 days during either the 
previom year, or the year next preceding his fonrtee^h birthday. 
The examining officer is also supposed to make a physical ex- 
amination of ihe child, ahd to certify that the applicant has 
reached the normal development of a child of his age, and is in 
sound health and physically able to perform the work which he 
intends to do. Upon entering employment, the child is prohibited 
from working before 8 a. m. or after 5 p. m., or for more than 
eight hours per day. He is also prohibited from working upon 
specified machinery, which is conceded to be more or less dan- 
gerous, and at certain trades or employment, where his life or 
health might be endan^red. The one weak spot in the above 
safeguarding of the child is the failure on the part of health 
officers to make thorough physical examinations, and the further 
fact that an employment certificate is valid at whatever occupation 
a child may select. For instance, a child may intend to trim 
hats in a millinery establishment at the time of applying for a 
certificate. Two weeks later, an inspector finds her working 
(legally of course) at some occupation requiring extreme physical 
exertion and attention. 

Children in public schools are carefully examined at intervals 



60 New Yokk State Depabtment of Labob*. 

by competent physicians, and ear, eye, nose, throat and other func- 
tional disorders are given immediate attention. Why should not 
the 13,000 child workers of the State be given equal protection, 
and bv the State ? 

PROSECUTIONS. 

On September 30, 1909, there were ninety-four pending cases, 
and at the end of our 1910 year there were three of these still 
pending, two of which were tried in January, 1909, in which no 
decision has as yet been rendered. With the three exceptions 
noted above, the ninety-four pending cases have been disposed of 
as follows: Nineteen were dismissed or acquitted, seven with- 
drawn, while out of sixty-five convictions, defendants received 
suspended sentences in twenty-nine instances, and in the other 
thirty-six paid fines amount to $990. 

During the current year, 610 separate cases were begun, with 
the following results: Eighty-one were pending at the close of 
the year, seventy-five were acquitted or dismissed in the Magis- 
trates^ Courts, and eleven cases were withdrawn. There were 
443 convictions, with 249 suspended sentences and 194 cases in 
which fines to the extent of $4,400 were imposed. 

In nine cases where actions were instituted for failure to report 
accidents, defendants were let off with suspended sentences. For 
interfering with deputy factory inspectors while engaged in the 
performance of their ofilicial duties the five defendants were ac- 
quitted before leaving magistrates. Under violations of the law 
relating to sanitation and safety, sixty-seven cases were begun 
and out of 39 convictions, fines were "^imposed against fourteen 
defendants. As usual the illegal employment of children fur- 
nished the largest number of cases, 492 coming under this head. 
In forty-seven convictions for employing children under fourteen 
years of age, fines of $570 were imposed against twenty-eight de- 
fendants. There were 221 cases for the illegal employment of 
children between the ages of 14 and' 16, resulting in 142 convic- 
tionis, with sixty suspended sentences and eighty-two separate fines! 
For employing children after 5 p. m. or before 8 a. m., 165 em- 
ployers were convicted, in fifty-four cases paying fines of $1,235. 
One employer, who insisted on employing a child on dangerous ma- 
chinery was fined $20. Out of twenty-three cases relating to the 



EBPOBf OF TH:fi CoMMi^siomsJc OF Labor, IdlO. 61 

employment of women and minors, all were convicted, fines being 
imposed in seven cases. Six actions were instituted against cor- 
porations for failure to pay wages of their employees weekly and 
in cash. 

There were ninety-nine more cases brought during 1910 than 
in 1909, and the 1910 cases yielded $4,400 in fines, as against 
$3,640 in 1909. 

The sum total of cases handled during 1910 was 704, with 
results as follows : Still pending, 84 ; acquitted or dismissed, 94 ; 
withdrawn, 18; suspended sentences, 278; fined, 230, and amount 
of fines, $5,390. 

EespectfuUy submitted, 
(Signed) William W. Walling, 
First Deputy Commissioner and Factory Inspector. 



62 New York State Depaetment op Labor* 

(B) Repobt of the Memcal Inspector of Factories. 

Hon. John Williams, 

Commissioner of Labor, Mhany, N. Y. 

Sir : I hereby submit my report as medical inspector of fac- 
tories for the year ended September 30, 1910. 

The line of procedure previously mapped out has been more 
definitely followed, especially, so far as intensive work in the field 
of industrial hygiene was concerned, and the ending of the fiscal 
year marks the passing of the experimental stage, as to definite 
methods for analytical investigations to determine dangerous 
factors incidental to the various industries. 

This has been made possible, first by the assignment of Deputy 
Factory Inspector Vogt to sanitary work, he being not only a 
qualified chemist of experience, but also formerly a sanitary 
inspector in the State Health Department; secondly, the Depart- 
ment has been fortunate in having had temporarily placed at its 
dis|)osal the use of a splendid laboratory which has been pro- 
ductive of beneficial results, and in one instance, of material aid 
to the Department in prosecution. 

It became necessary to devote some time, first, to arranging the 
laboratory to suit the needs of the Department, second, to work 
of an experimental character, whereby results were obtained, not 
only applicable to practical routine investigations, but also of 
legal and scientific value. 

In the course of routine work, a large number of visits were 
made to factories and tenant factories. The work in this con- 
nection as related to old ventilation cases was expedited by the 
assistance of the deputy factory inspector. 

Upon request, special inquiries were made as to the effect upon 
the health of the workers in the manufacture of mica articles; 
the use of bronze powder in stationery engraving ; confectionery ; 
cotton weaving; and electrical accumulators. 

Following the plan of the former year, special investigations 
were undertaken in the match industry, in the pearl button in- 
dustry, and in the human hair goods industry; those into the 
match industry, and the pearl button industry were completed. 
The question of undertaking an investigation as to industrial 



Repobt of the Commissioner of Labor, 1910. 63 

fatigue was considered very thoroughly, but after interviewing a 
number of authorities, and giving the matter special attention, 
it was found that it would be necessary to devote considerable 
time to the question, and notwithstanding that a large amount of 
data might be obtained, the results would not be of material or 
practical value to the Department. The subject was therefore 
temporarily abandoned. 

Upon request work has been done for the mercantile bureau, 
regarding ventilation of basements in mercantile establishments, 
and in one case, that of a large department store, there was 
brought a prosecution bas^d upon the results of our investigations. 
This case was taken up very carefully, especially as the de;fense' 
engaged the services of an expert chemist, and had the Depart- 
ment not been possessed of laboratory facilities, the case would 

« 

undoubtedly have been weakened in depending merely upon car- 
bon dioxide determination, as proof of improper ventilation. As 
it was, the magistrate decided the case by declaring the section of 
the law unconstitutional, not that the Department had not proven 
the unhealthful condition of the basement. 

The Department was active in public health matters by being 
represented, and taking part in the meetings of the American 
Public Health Association (this being a body officially recognized 
by the countries of IS^orth and South America) ; in the New York 
State Sanitary Officers Conference ; and in the First National 
Conference on Industrial Diseases. 

It is with subjects intimately related to industrial hygiene that 
medical inspection is concerned ; for while it cannot be questioned 
that certain occupations are inimical to health, it is also true that 
in manv cases conditions not necessarilv connected with the occu- 
pations are factors in the production of disease. Therefore, it 
becomes necessary in pursuing such investigations, not only to 
secure data that would aid in determining the part played by the 
various occupations with reference to disease and the physical 
effects upon workers, especially women and children, but also 
to note other causes and the absence of specific legislation covering 
various points related thereto. 

I have therefore, undertaken to discuss under separate headings, 
results of my visits and investigations, and the. application of 
those sections of the Labor Law relating to industrial hygiene. 



64i ifisw YoitK SxAtE De:^a61'Men1* of Laj&oiL 

ACCIDENTS. 

The question of accidents is undoubtedly of importance from a 
medical standpoint. I have given the matter some attention. 

It is evident that a number of accidents occurring in the large 
cities, especially New York, are not reported. Section 87 of the 
law will undoubtedly do much toward overcoming this lack of 
reporting, and the securing of valuable data. As referred to in a 
previous report, the law is only specific in that it provides for the 
guarding of machinery. 

It has been impossible to obtain accurate data, but through 
inquiry and from personal knowledge, it was ascertained that a 
number of accidents occur to the eyes of workers in metal and 
stone industries through the flying about of small particles. In 
many instances the injury has caused the loss of sight in one eye, 
and ultimately complete blindess resulted. In foreign countries, 
there is a legal requirement that protection be furnished for 
the eyes of workers exposed to such dangers. Workers exposed 
to glaring lights are liable to danger of blindness, and should also 
be furnished with proper protection. 

Where lihere is exposure to action of irritating dust or fumes, 
respirators should be furnished, and workers be required to use 
them. Where workers are required to handle acids or caustics, pro- 
tection by means of rubber aprons and gloves should also be 
furnished. 

Among the accidents reported to the Department during the 
fiscal year, and tabulated by the bureau of statistics, were the 
following : struck in eye by pieces of metal, glass, etc. ; inhalation 
of poisonous gases; burns caused by electricity; burns caused by 
caustics; burns caused by vats containing liquid or caustics. 
This in my opinion! is couiclusive proof of the need for specific 
legislation. 

Much valuable data with reference to occupational diseases 
might be obtained were the accident reports to contain the time of 
day at which accident occurred, character of light and ventilation, 
as well as a standard physical certificate of the worker at the 
time of accident. Specific legislation should be had requiring the 
reporting of all cases of poisoning from lead, antimony, arsenic, 
copper, (tc. These reports would not only be of statistical value. 



Eepoet' of t'he CoMMisSioisrER OF Labor, 1910, 65 

but also an aid in determining the dangerous nature of an indus- 
try, and would be of material assistance in determining the need 
of remedial measures. 

The importance of such reports has been shown in the tabula- 
tion compiled by Dr. Legge, H. M. Inspector of Factories for 
Great Britain, to whom all such reports are referred. Thfese 
reports bear immediately upon the study of diseases due to oc- 
cupations. 

I would recommend that the Department be given power to 
require protection for workers exposed to glaring lights, small 
particles of flying metal or mineral endangering eyes, irritating 
effects of dust or fumes, burns from acids or caustics, high tension 
electrical currents. 

VENTILATION. 

The proper ventilation of workrooms where manufacturing pro- 
cesses are carried on is best accomplished through the application 
of mechanical means; therefore, it becomes a problem to be dealt 
with mainly by the engineer and mechanic ; the sanitarian merely 
ascertains the impurities present, the specific causes thereof, and 
recommends a remedy. In considering the question from a hy- 
gienic standpoint, it will be discussed in connection with the sub- 
jects of air, light, temperature, humidity, dust, etc. 

Considerable time has been devoted to routine work in con- 
nection with carbon dioxide determinations as related to old 
ventilation cases. The constitutionality of section 86 having been 
passed upon, many compliances have resulted therefrom, and 
somewhat relieved the congestion of this routine work. In many 
cases the carbon dioxide determinations were supplemented by 
complete laboratory analyses of samples of air. 

While considerable progress has been made in the betterment 
of conditions, there are still a number of problems requiring 
solution. With the large factory buildings the question is merely 
one of expense, but a serious problem is that of the small tenant 
factories and converted old dwellings. Here it is a question not 
merely of cost of installation, but of the practical unfitness of the 
buildings for certain manufacturing purposes. To install a ven- 
tilating system (which is the ideal method), is practically im- 

3 



66 New York State Department op Labob. 

possible, and the use of fans, is, in my opinion, at times likely to 
be productive of ill results to the workers, so that there remains 
only the windows as an aid for natural ventilation. In main- 
taining ventilation it is necessary to guard against direct 
draughts. 

. The inteneive work pursued during the year in regard to this 
subject, made possible through proper laboratory facilities, demon- 
strates the fact that sanitary experts and engineers are not giving 
the question the attention fully expected. The problem, especially 
in relation to the small places in congested districts is all im- 
portant, and is not merely one of air space, and amount of air 
to be supplied, but also of temperature, humidity, light, etc. 

The results of investigations have proven that a general stand- 
ard of ventilation- is not applicable to all industries; there are 
standards of the various factors relating to ventilation which 
should be specific, and which I will discuss under separate 
headings. 

The British Factory Acts recognize two kinds of standards; 
(1) hourly delivery of fresh air, (2) proportion of carbon dioxide. 
A standard based upon hourly fresh air delivery can only be 
applied tinder certain conditions when power is supplied for me- 
chanical means of ventilation, and compliance may only be proven 
by means of anemometer readings which cannot always be ac- 
curately ascertained. Where the so-called natural ventilation -is 
relied upon, and there is a tendency to crowd rooms to their legal 
capacity, it becomes a difficult matter to secure adequate con- 
tinuous ventilation, especially in rooms divided by partitions, and 
where illuminating gas is used for commercial purposes. In such 
places there is always a tendency to close the ordinary means 
employed, namely, doors, windows, and ventilators and when 
open, the changing of the air is dependent upon currents created 
by the velocity of the wind outside and the difference between the 
external and the internal temperatures. In such cases it would be 
impossible to secure a compliance based upon a standard of 
hourly fresh air delivery, and it is appreciable, that with limited 
amount of air space per person, the constant maintaining of a 
carbon dioxide standard would become difficult without mechani- 
cal means of ventilation. 



Rbpobt of the Commissioneb of Labor, 1910. 67 

A partial solution of the problem may be found in the following 
extract from a circular issued by H. M. Chief Factory Inspector 
of Great Britain. 

in the absence of mechanical ventilation it is incumbent upon the occupier 
to see that the other means upon which he relies for adequate ventilation of 
each room are sufficient for the purpose, and maintained in use throughout 
the working hours. This is especially necessary where, the average air space 
of each worlcer is small, say under 500 cu. ft., and in all workrooms in which 
gas is used. 

Keliance should not be placed upon occasional ventilation by doors or win- 
dows, not always kept open, or upon .any other ventilating openings which 
the workers are allowed to close. The means must be such as in practise to 
secure at all times during working hours reasonable purity of the air, and 
the occupier is responsible not only for providing them but seeing that they 
are used. All permanent air inlets whether by windows or special ventilat- 
ing openings, should be so' arranged that the current is directed upwards and 
does not impinge directly upon the worker; this is essential and can be se- 
cured by simple arrangements at small cost. 

The same observations apply to mechanical ventilation by fans. This 
whether for purposes of general ventilation, or for the removal of dust or 
fumes, should be installed under the advice of a competent engineer. Many 
installations have failed to give satisfactory results owing to faulty planning, 
or omission to provide for adequate counter openings. 

The Department should be given power, after investigation, to 
formulate regulations and set standards of ventilation applicable 
to the various industries. That this is practicable is evidenced 
in the results obtained from the Departmental Regulations cov- 
ering ventilation in compressed air v^orkings. 



AIR. 

The food most essential for the support of human life is air; 
without it, for even a few minutes, we would cease to exist. Yet 
despite this fact, we have no specific legislative standard regarding 
its purity. This is of the utmost importance not only as regards 
the question of ventilation, but also as to the question of disease, 
for it is an established fact that a vast number of diseases are 
due to atmospheric conditions, and this is especially true of the 
so-called occupational diseases. While the sections of the law 
require the provision for, and maintaining of, proper and suf- 
ficient ventilation, there is no specific standard as to the quality 
of the air to be supplied, or the permissible linbit of vitiation. 

Notwithstanding the fact that scientists have failed to add fur- 
ther specific standards to that recommended by Pettenkofer, 
namely, nine parts carbon dioxid>e in 10,000 volumes of air, very 



68 New York State Department of Labor 

little intensive research has been pursued so far as ascertainable. 
The legal standards are based upon carbon dioxide determina- 
tions; but in this state there is no legislative standard whatso- 
ever. It is necessary that some legal standard be based upon 
scientific findings for use as a basis in future work. This is 
important, espe<5ially where prosecution becomes necessary. While 
we may produce proof of the necessity for proper ventilation, con- 
sidered scientifically, it may be demanded that we show a legal 
standard of the permissible amount of impurity that we base 
our order upon, and this the Department has been confronted 
with in the prosecutions already undertaken. The impurities 
generated in the course of the processes of manufacture when due 
to machinery, are readily dealt with by the application of section 
81 requiring mechanical means for their removable. Where the 
impurities generated are from other means than machinery, sec- 
tion 86 requires that the room must be ventilated in such a manner 
as to render them harmless, so far as is practicable ; but where the 
impurities are the products of respiration and combustion alone, 
we have no specific legislative standard as to the permissible 
amount of impurity upon which we may decide the adequacy or 
inadequacy of the means employed for maintaining proper ven- 
tilation. 

For some time, the American Public Health Association has 
had a Committee on Standard Methods for the Examination of 
Air, of which. Prof. C. E. A. Winslow was chairman. The fol- 
lowing are some extracts from their report. 

The committee believes that determinations of temperature, humidity, dust 
and intensity of light should be fundamental in all sanitary investigations. 
Standard procedures are recommended for all four of these tests. 

Numerous efforts have been made to develop methods of analyzing air for 
carbon dioxide, applicable to the varying conditions under which the chemist, 
sanitary engineer or inspector must work. 

* * * in preparing a description of the most satisfactory processes for 
use as standard methods, the available methods have been classed either as 
accurate methods or as general tests. 

For accurate inspection work, say one quarter of a part per 10,000, the 
portable form of the Pettersson & Palmquist apparatus is recommended. 

While their report treats exclusively of standard methods of 
procedure for determining impurities, there appears no recom- 
mendation as to permissible amount of the impurities so de- 
termined. 



Report of the Commissioner of Labob, 1910. 69 

During the fiscal year the Department has given this matter 
considerable attention, and investigation has been made possible 
through laboratory facilities. As a result of this work it would 
seem -that the percentage of ammonia, and also of the oxidizable 
organic matter present, should be taken into consideration, and 
serve as a basis for a standard of permissible amount of im- 
purities. I would recommend the adoption of the carbon dioxide 
standard as recommended by Dr. Haldane of the British De- 
partmental Committee, and referred to in the report for 1908, and 
also a standard of 1 part of ammonia per million, 4 grams of 
oxidizable organic matter per million litres. 

There are many industries in which the carbon dioxide may be 
little more than that found in outdoor air, at the same time the 
air might contain impurities such as dust, fumes, or gases; the 
mere physical proof of their presence being sufficient for the 
immediate application of a specific section requiring their re- 
moval. But in tenant factories in congested districts, where the 
industry is comparatively, clean, the carbon dioxide present is 
found as high as 35 parts in 10,000 volumes. In such cases it 
becomes necessary to use analytical means to determine the amount 
of vitiation in order to enforce compliance with section 86 as to 
ventilation of the workroom. 

The question of purity of air is of importance in relation to 
basements and cellars ; this has been evidenced in the work under- 
taken for the mercantile bureau. It is necessary that the air to be 
supplied, be taken from a source as nearly pure as possible. Air 
taken from the street level is impure, as has been proven by scien- 
tific investigations, and corroborated by Department investigation. 
It is true that the cartbon dioxide found, rarely exceeds four 
parts in ten thousand volumes, but there are large quantities of 
dust present, , and high amount of organic matter, and in conse- 
quence of these, a large number of pathogenic (disease producing) 
bacteria. 

Department secured air samples at about one foot above side- 
walk of a wide street near the river front, and shortly after the 
street had been swept by the Street Cleaning Department. The 
day was clear and sunny, the weather. was mild; the analyses 
showed as follows : 



70 New Yojjjc State Department op Labob. 

Total solids (dust) : . 30 grams per million litres. 

Ozidizable orsanic matter 11 grams per million litres. 

Ammonia ^ 1 part per million. 

Carbon dioxide 4 parts per 10,000 volumes. 

Analysis of sample taken about fifty feet above the same street 
on a roof showed — 

Total solids (dust) 5 grams per million litres. 

Oxijizable organic matter 0.48 grams per million litres. 

Ammonia nil. 

Carbon dioxide 3 parts per 10,000 volumes. 

A large number of analyses were conducted over a number of 
days during both dry and rainy weather, but with the exception 
of dust, results varied but little. This proves that air intakes 
should be at a sufficient height to eliminate these impurities, or 
better still, air should be washed and filtered, before distribution. 

In mercantile establishments, a permit must be secured from 
the Commissioner of Labor for the use of basements where women- 
and children are employed. In my opinion no basement or cellar 
in any building should be permitted for use as a workroom with- 
out special permission from the Commissioner of Labor. 

LIGHT. 

Deficient light is an inexcusable sanitary defect. Notwith- 
standing this, and the fact that sunlight is not only an important 
factor in the question of ventilation and accidents, but also of 
disease, there is still an absence of specific legislation regarding 
the subject. 

A perusal of the law shows the following sections renting to 
windows and lighting: 

Section 80 provides, " No door, window or other opening on any 
floor of any such factory shall be obstructed by stationary metal 
bars, grating or wire mesh.'^ But this provision is merely in- 
tended for the purpose of facilitating egress in cases of need ; 
there is no provision therein prohibiting obstruction to entrance 
of sunlight. Section 8.1 provides, '^ When in the opinion of the 
Commissioner of Labor it is necessary, the workrooms, halls and 
stairs leading to workrooms shall be properly lighted, and in 
cities of the first class if deemed necessary by the Commissioner 
of Labor, a proper light shall be kept burning by the owner or 



Eepobt of the Commissionek of Labor, 1910. 71 

lessee in the public hallways near the stairs upon the entrance 
floor and upon the other floors on every work day in the year, 
from the time when the building is opened for use in the morning 
until the time it is closed in the evening, except at times when the 
influx of natural light shall mate artificial light unnecessary/' 
But this section is not specific as to the quality of natural light. 
•Section 84 relates to the cleansing of walls, ceilings, floors, and 
receptacles. But there is nothing contained therein which re- 
quires the cleansing of window panes so that the sunlight which is 
conducive to the health of the workers may be provided. Section 
88 provides merely for the lighting of water-closets, as also does 
section 94. Section 1711 relates to the lighting of basements of 
mercantile establishments. 

From this it may be seen, that there is absolutely no specific 
provision in the law, relating to the admittance of sunlight into 
the workrooms. In Norway the " Koenigliche Resolution " pro- 
vides that window panes shall be cleaned at least every two 
months. Sunlight is essential to health. Absence of sunlight 
means danger from disease. Sunlight and health are synonymous. 
Specific legislation in relation to natural light is necessary for 
the improvement of hygienic conditions, especially in the con- 
gested districts of large cities. Referring to my report for 1909, 
there was taken up the subject of light obstructed by dirty window 
panes, partitions, and obstruction by stacked stock, and the use 
of workrooms having no direct opening to external air. In many 
of these workrooms I have observed that it becomes necessary to 
use artificial illumination throughout the entire working day. 
This would indicate that section 85 which requires no less than 
250 cubic feet of air space per person between the hours of 6 
a. m. and 6 p. m., is apparently defective in that it permits of 
a smaller amount of air space per person where the illuminant 
is a source of rapid vitiation of the air, than when the illumi- 
nant used after 6 p. m. is of a non-vitiating character, and 400 
cubic feet of air space per person is required. 

As a result of the analyses of samples of air taken from various 
workrooms, it has been proven that where natural means of light- 
ing is insufficient, organic matter and bacteria are high. 

I have found that a large number of women and young workers, 



72 



]N^Ew YoKK State Department of Labob. 



especially girls, are employed in basements and cellars where the 
illumination throughout the entire day is by artificial means. 
This is true not only in the congested districts of large cities, but 
also in the urban districts; this has an important bearing not 
only upon the condition of the eyes of the workers, but also upon 
the health, being a frequent cause of anaemia. I have also ob- 
served, that in many instances where there are ample means for 
natural lighting, machinery is so placed as to obstruct this light, 
and thus requires the duties of the worker to be performed in 
semi-darkness which increases the danger of accidents, notwith- 
standing the presence of guards. There is no specific legislation 
as to .the proper lighting of such machinery. The German law 
requires each machine to be individually lighted. 

The following table taken from Notter & Firth's Treatise on 
Hygiene, serves to illustrate to a certain extent, not only the 
lighting properties, but also the vitiating qualities of the various 
illuminants. 

Viti- 
ation 
Oxygen CO' Moistvre -Heat eq al 
Quantity Candle removed prodvced prodrced calories to 

consumed power (cu. ft.) [(cu.ft.) (cu. ft), prodiced adul's 

Tallow candles 2200 grains 16 10.7 7.3 8.2 1400 12.0 

Sperm candles 1740 " 16 0.6 6.5 6.5 1137 11.0 

Parrafin oil lamp 902 '• 16 6.2 4.5= 3.5 1030 7.5 

Kerosene oU lamp 909 " 16 5.9 4.1 3.3 1030 7.0 

Coal gas : 

No. 5 bat wing burner... 5.5 cu.ft. 16 6.5 2.8 7.3 1194 5.0 

Argand burner • 4.8 '* 16 5.8 2.6 6.4 1240 4.3 

Regeneration burner 3.2 ** 32 3.6 1.7 4.2 760 2.8 

(Sienmens) 

Welsbach burner 3.5 '* 50 4.1 1.8 4.7 763 3.0 

Electric Hght 3 lb. coal 16 0.0 0.0 0.0 37 0.0 

This shows the advantage of the electric light, in that the 
amount of vitiation is practically nil. The superiority of the in- 
candescent mantle where coal gas is used is also established, for 
high candle power may be secured with small amount of vitiation. 

Keferring to the report for 1909, I would again make recom- 
mendation for a definite proportion of window space to floor space. 
While the law provides for artificial lighting, it is not specific as 
to the character of the illumination. I would therefore reoom- 
niend that provisions be made requiring artificial illumination of 
a (jnality as near sunlight as possible, of sufficient power to thor- 
oughly illuminate all parts of the workroom, and the placing 
of the same above the hes^ds of the workers when standing. 



^ 



U^vowjf ot Hkt. CoMMis^iOi^EU OF Labor, 1910. 73 



TEMPERATURE A^'D HUMIDITY. 



The question of temperature and humidity is of importance, 
for in order to secure proper compliance with the section of the 
law relating to ventilation, it is necessary that there be main- 
tained a certain relationship one with the other. In the report 
for 19'09 these questions were discussed at length. 

At present we have no legislation regarding maximum or mini- 
mum temperature or humidity. . Section 86 merely provides that 
rooms must be ventilated, where excessive heat, steam or vapors 
are the result of processes of manufacture, but no standards are 
established. This is of special importance in the application of 
the section to the textile industry. It is regulated in foreign 
countries, and Great Britain has as a result of exhaustive investi- 
gations by Parliamentary commissions established definite stand- 
ards. During the present year there has been enacted in Massa- 
chusetts, "An Act Relative to Regulating the Humidity and 
Temperature of the Atmosphere in Textile Factories.'' 

In tenant factories, and especially in those of the converted old 
dwelling type, many are obliged to labor in chilly workrooms, and 
of these, r large number are women and young persons. Windows* 
and doors are kept closed, and gas jets lighted to raise the tism- 
perature of the room. The result is an increased humidity due 
to bodily emanations. In many instances the beginning of pul- 
monary troubles in workers may be directly traced to such con- 
ditions. During my visits to workrooms of this character, some 
of the employees have mentioned cases where young workers have 
taken a chill, gone home ill, and never recovered. These facts 
emphasize the need of regulations requiring the maintenance of 
proper heating and a proper degree of humidity in workrooms. 

After extensive investigation, medical authorities have placed 
upon record the results of a large number of observations in sup- 
port of the theory that most of the acute diseases of the respira- 
tory organs are caused by a low temperature in conjunction with 
a low obsolute humidity. 

The wide variance of temperature and humidity found as a 
result of Department investigations, is proof that the question 
deserves careful attention. I would therefoi:e recommend that 



74 New York State Depabtment of Labob* 

the Uepartment be given power to formulate regulations as to 
temperature and humidity. 

DUST. 

While dust is necessary in the atmosphere in order that we may 
enjoy the benefits of sunlight and of rain, the presence of an ex- 
cessive quantity becomes a factor in the causation of disease. 
Dust is pulverized dirt. From a sanitary standpoint it must be 
regarded as dangerous, not only because of its physical character, 
which may result in mechanical irritation of the mucous mem- 
branes, but because of the organic matter contained therein, which 
becomes fertile ground for the development of disease germs. 
Much ill health, and most of the industrial diseases are caused 
by the inhalation or swallowing of particles of dust. 

In an exhaustive treatise prepared for the United States Bureau 
of Labor, by Mr. Frederick L. Hoffman, regarding consumption 
and dust, the following appears: 

The tabular analysis of the mortality of persons employed in occupations 
with exposure to organic dust indicates that t he effects of such dust expos- 
ure are less serious than the corresponding effects of exposure to metallic 
and mineral dust, but the consequences to health and life are sufficiently seri- 
ous to demand most careful attention to the whole problem of dust preven- 
tion and removal at the point of origin, in conformity to modern methods of 
factory sanitation. 

During the past fiscal year investigations have been undertaken 
in the various industries, not only as to the physical, chemical, 
and biological character of the dust incident to, or generated in 
the course of the processes of manufacture, but ^ also as to the 
quantity contained in a confined space. The results have shown 
that where, the dust is of an organic character, ammonia, carbon 
dioxide, and bacteria were high, as seen in the human hair goods 
industry. Where the dust is of an inorganic character this was 
not so apparent, but the danger lay in the sharp irritating par- 
ticles of dust in the air, as seen in the pearl button industry, and 
manufacture of mica articles. 

The recent amendment to section 81 amply provides for the 
protection of workers engaged at grinding, polishing, or buffing 
of baser metals, and where dust is created by machinery, but ex- 
empts wet grinding. As a result of observations, wet grinding is 



Kepoet of the Commissiokeb of Labor, 1910. 75 

not entirely free from dust, and protection should be afforded by 
the application of casing and the frequent cleansing of same. 
During the coming fiscal year it is intended to thoroughly study 
this condition. 

Section 86 provides for ventilation w^here dust is created in the 
course of manufacturing processes, but there is no specific require- 
ment as to the use of hoods connected with exhaust fans or the 
removal of the dust at the point of origin. An exhaust system 
is the only effective means for the removal of dust. This is appli- 
cable to the following industries: Plumbagoing in electro typing, 
bronzing in lithographing (hand), shoddy and rag sorting, china 
scouring in the pottery industry, hair teasing and combing in the 
human hair goods industry, lead glaze' dipping, enameling, the 
manufacture of electrical accumulators, in dye works, packing of 
paints and dry colors, book binding, hat blocking and finishing, 
and the silvering of mirrors. 

Among other causes of dust found in the air of factories and 
tenant factories is the accumulation of dust in corners and under 
work benches and machinery. Section 84 provides that floors 
shall be kept clean and sanitary at all times, and in the case of 
tenant factories, noncompliance with this section may be punished 
by the application of drastic measures, through enforcement of 
section 95, but even in this case it is only applicable when articles 
enumerated under section 100 are manufactured. The provision 
of section 95 relating to affixing of " labels," should be made ap- 
plicable to factories as well ; and should apply to all articles manu- 
factured. 

WATER. 

The amendment to section 88 relating to pure water for drink- 
ing purposes is an important advance toward the betterment of 
hygienic conditions affecting the workers. It is also of importance 
in its relajtion to the problem of public health, for in a majority 
of the diarrhoeal diseases, and " especially in typhoid fever, the 
germs are water borne, and where there is a suspicion of its 
presence in a locality, it merely becomes necessary to secure a 
sample of the water for the purpose of analysis, and investigation 
may determine the presence of the germs, and so possibly aid in 
the prevention of an epidemic. 



76 i^EW YOEK State t)EPAETMENt ot La6ok* 

Investigation may also be undertaken as to whether illness 
attributed to the character of an industry may not be a result of 
conditions at the source of the water supply, or the character of 
the vehicle used for transportation or storage of the water. 

I^'DUSTBIAL DISEASES. 

^Notwithstanding the fact that the question of ill health among 
workers is of great economic importance to the state, the literature 
of this country bearing upon the subject, shows that very little 
original thought has been given to the matter, or that intensive 
work has been undertaken. What has appeared can hardly be 
said to be of statistical 'value, being merely the results of clinical 
observations, or tabulations of mortality statistics. 

The question of industrial diseases is so closely connected with 
the application of labor laws, that in order to properly study the 
subject, it becomes necessary not only to have an intimate knowl- 
edge of such laws, but also to thoroughly study the conditions 
surrounding the workers during their hours of labor. A study 
of industrial hygiene is also necessary to impress upon the courts 
the importance of prosecutions brought for failure to comply with 
sections of the law relating to factory sanitation. 

To accurately study these conditions, it is necessary to have 
some tangible basis to work upon. This means that a physical 
examination should be made of the workers, their habits and hous- 
ing conditions recorded, subsequent examinations made, and then 
by means of a physical, chemical, and biological investigation, the 
part definitely played by the industry as a causation of disease 
may be demonstrated. Through laboratory facilities, connected 
directly with a clinic, as well as direct inspection of the industries, 
the Department is fairly well equipped to take up the question of 
industrial diseases. But, at present, the Department possesses 
no specific section enabling it to make such examinations of 
workers, or to obtain data as far as personal habits or housing 
conditions are concerned. This is absolutely necessary as an aid 
to the Department in safeguarding the health of workers. 

My investigations so far have been directed principally toward 
determining the part played by the industry as a factor in causing 



Repobt of the Commissioned of Laboe, 1910. 77 

disease, and the examination of the workers has necessarily been 
very limited, being confined to oral questions resulting in un- 
satisfactory answers, and a partial physical examination of per- 
sons under sixteen years of age. To properly tabulate results of 
physical examinations, so that such records may be of accurate 
statistical value, requires the conscientious assistance of trained 
medical workers. While I have personally observed a large num- 
ber of cases in the clinic it was impossible to secure accurate -data, 
owing to the method of history taking. In the industrieis there 
has been a reluctance on the part of adult workers to submit to a 
physical examination. 

I have observed a number of workers in the pearl button in- 
dustry and found them to be suffering from respiratory diseases 
due to dust; workers in a railway repair shop suffering from a 
condition directly attributable to poisoning by benzine and 
turpentine fumes ; a number of workers in automobile repair shops 
suffering from eye conditions directly attributable to gasoline 
fumes; several workers at rubber goods suffering from the effects 
of poisoning due to bisulphide of carbon. 

As a result of my investigations into particular industries, it 
would seem that the occupation is not primarily the cause of a 
disease, but there is a poisoning, or a mechanical irritation re- 
sulting from certain conditions incidental to the industry. Indus- 
trial diseases is rather a broad term, and in my opinion, as a 
result of observations, the term industrial poisoning is more appro- 
priate, as the diseases directly attributable to the industries are 
very limited. 

A factor, and probably the specific cause of industrial poison- 
ing, is the contamination of the air by dust, gases, fumes, vapor, 
etc., generated in the manufacturing processes. These may con- 
tain specific toxic material such as lead, copper, arsenic, aniline, 
cyanide, phosphorus; or they may be irritating in character, as ' 
potash, sulphuric acid, nitric acid, chlorine ; or they may be of an 
intoxicating character, as benzine, alcohol, sulphides; or it may 
be merely the presence of a large quantity of dust not possessing 
toxic properties, but may contain foci for pathogenic bacteria, 
as is shown in the ii:ivestigation into the human hair goods in- 
dustry, and the pearl button industry. 



78 New Yokk State Department of Labok. 

There are a few industries wherein the conditions may be 

dangerous to the health of the workers, but which can, under 

proper regulations be made reasonably safe. This requires, first, 

a careful study of the industry; secondly, strict enforcement of 

specific regulations. 

WOMEN AND CHILDREN. 

The question of the employment of women and children is of 
economic importance to the state, first because the health of the 
children depends greatly upon the physical condition of the 
mother, and her ability to nourish and care for her offspring; 
secondly, the stability of the state depends upon the healthfulness 
of its citizens. This spells the need of guarding the health of the 
children, who, eventually, become the support of the state. 

There is a close connection between infant mortality and the 
labor of women, as shown by the results of investigations regard- 
ing this subject. The mortality is highest in towns where a large 
proportion of women are employed in manufacturing enterprises, 
and among the causes are: (1) industrial labor when injurious 
to the health of the expectant mother, or through her exposure 
to various industrial poisons which may affect the vitality of the 
child; (2) substitution of artificial feeding for breast feeding; 
(3) neglect. 

!N^otwithstanding this, we have in this state no specific legisla- 
tion protecting women before or immediately after child birth, 
nor for protecting the new born child through provisions whereby 
the mother may properly nourish and care for her infant, if she 
is obliged to labor. This in my opinion is a question deserving 
careful consideration, in order that proper protection may be 
afforded. 

In large cities, under the supervision of bureaus of child 
hygiene, provision is made for the periodic medical inspection of 
school children, parents are notified and advised as to care of the 
child, and in certain cases of physical unfitness, the child is sent 
home. Such data, if made available for Department use, would 
be of great value as a basis for future investigations. 

A thorough physical examination of young workers entering 
upon their industrial career, as a sequel to the examinations which 



Eepobt of the Commissiokeb of Labor, 1910. 79 

took place during their school life, and the issuance of a cer- 
tificate stating fitness for a definite occupation, would also be of 
great value. This method is followed in Great Britain. 

The Department should be given power to order the dismissal 
of children who are physically unfit for their present occupations. 

ST. BABTHOLOMEW'S LABOBATOEY. 

To properly study the subjects relating to sanitation, and es- 
pecially those closely allied to industrial hygiene, it is necessary 
that laboratory facilities be available. During the past fiscal year, 
through the courtesy of the Rector and Vicar of St. Bartholomew's 
Parish, and the Board of Directors of St. Bartholomew's Clinic, 
there has been temporarily placed at the disposal of the Depart- 
ment, a laboratory of modern construction and fairly well 
equipped with modern scientific appliances for analytical and 
miscroscopical work. Excepting for outlay for some chemical 
apparatus and chemicals, the Department has been under no ex- 
pense for maintenance, lighting, heating, or electrical power of 
this laboratory. The Department has also been favored with the 
gratuitous- services of Prof. E. E. Smith, M.D., of Fordham 
University, William Wilson, M.D., House Physician of the 
Clinic, and Miss E. W. Wettingfeld, Ph.B., biologist. 

Through these laboratory facilities, work of great value has been 
made possible, not only to the Department, but to the scientific 
world. The need of such laboratory facilities was manifested in 
one case of prosecution. In this instance not only were samples 
of air secured for the purpose of making a complete chemical 
analysis, as well as a bacteriological determination, but also, 
analyses were made of samples of street air for accurate com- 
parative purposes. The wisdom of this procedure became apparent. 
When the case came to trial, the defense introduced an expert 
chemist who based his testimony upon evidence secured as a result 
of laboratory deductions. 

Labor laws are intended for the protection of the health of the 
worker, but in order to apply remedial measures it becomes neces- 
sary to ascertain the specific cause so that the safeguard may be 
absolutely certain. This means then, not only an examination of 
conditions surrounding him, but also, in the majority of ca&ee, it 



80 Xew York State Depabtaient of Labob. 

requires a thorough ehemieal and physical analysis of certain 
factors directly influencing his health, the principal one be'ing'the 
atmospheric conditions. 

The intensive value of the laboratory lies in its application to 
the question of conditions affecting the health of the workers, 
which may cause at first a poisoning, and ultimately may result 
in disease. Even though the investigators have had special train- 
ing in sanitary, chemical, or medical science, without the aid of 
a properly ecjuipped laboratory for scientific analysis, it would be 
utterly impossible to prove the presence of those things which tend 
to affect the health of the workers. 

With the object in view then of determining, what specific 
conditions of the atmosphere would be liable to affect the health 
of the workers, not merely from laboratory experiments, but in a 
practical manner, some time was devoted to formulating methods 
for this purpose. Despite the fact that the literature relating to 
chemical analysis, as applied to sanitary science from a laboratory 
experimental standpoint, was voluminous, there was practically 
nothing of any value applicable to active work in the field, i, e., 
in factories, mercantile establishments, etc. It therefore became 
necessary to test or to utilize laboratory experiments for practical 
i)urposes, and when found insufficient to devise new methods. In 
this undertaking, the work of Depiity Factory Inspector Vogt is 
commendable; his special training in the field of sanitary 
chemistry was of aid in perfecting the methods no\y used by us. 
This undoubtedly is the pioneer undertaking in field work in this 
country. 

It is true that the physical condition of the worker as well as 
the character of the work itself, i. e,, the position required, tedious 
nature, etc., are factors to be considered in studying the worker's 
health. The results of observation visits made to various indus- 
tries together with laboratory investigations show that another 
probable cause of illness is the contaminations present in the air, 
.either from the processes of manufacture, or from the products 
of respiration and combustion. This fact is corroborated by all 
investigators in the field of industrial hygiene. It was decided, 
therefore, to study the question through analysis of the atmos- 
pheric conditions surrounding the workers. 



Report of the Commissioner of Labor, IdlO. 81 

From physiological research, ' it is known that certain excretia 
are thrown off from the body in large quantities when excessive 
labor is performed, and that these substances when thrown into 
the air, vitiate it to such an extent as to cause not only poisoning 
but sometimes death. To definitely determine the presence of 
these deleterious products it became necessary to work out certain 
methods and standards for. which purpose laboratory facilities are 
required. Such work was undertaken, and the results are shown 
in the tables with this report as (1) determination of ammonia, 
(2) oxidizable organic matter (this term, used by Prof. Bergey 
in his researches into atmospheric impurities for the Smithsonian 
Institute, is probably the best term that can be used in this con- 
nection). The presence of dust in the air surrounding the worker 
irrespective of its character was tabulated under total solids, and 
calculated as grams per million litres of aspirated air (each gram 
is equal to 15 grains, and each litre is equal to about 55 cubic 
inches). Methods have been perfected for determining the pres- 
ence of organic and inorganic impurities in the air. The presence 
of methyl (wood) alcohol and amylic alcohol in the air of work- 
rooms, has been definitelv determined. 

Through our laboratory investigations, though to a certain ex- 
tent limited, it has been proven that where organic matter is high, 
ammonia is high, and a large number of bacteria are present. In 
this connection the following analyses of outdoor air are interest- 
ing. In all cases 100 litres of air were aspirated. 

• 

(1) Sainplo taken at the street level after the street had been swept; the day 
waf* clear and a strong wind was blowing : 

Ammonia 3 parts per million. 

Total solids 114 grams per million litres. 

Oxidizable organic matter 12 grams per million litres. 

Racteria 12 per litre. 

Moulds none. 

Carbon dioxide 4 parts in 10,000 volumes. 

Microscopic examination of the solid matter showed horse manure^ quartz, 
sand, and a dark substance probably asphalt or cinders. 

(2) Sample taken about fifty feet above the street level ; the day was cloudy, 
and a strong breeze was blowing : 

Ammonia : 1 part per million. 

Total solids 22 grams per million litres 

Oxidizable organic matter .'> graraos per million litres. 

Bacteria , 9 per litre. 

Moulds 4 per litre. 

Carbon dioxide ,3 parts in 10.000 volumes. 

Microscopic examination of the solid matter showed horse manure, horse hair, 
human hair« and sand. 



82 New York State Department of Labor. 

(3) Sample taken about fiftj' feet above the street level ; the day was clear 
with a very slight breeze blowing : 

Ammonia less than 0.5 parts per million. 

Total solids 7 grams per million litres. 

Oxidizable organic matter 0.51 grams per million litres. 

Bacteria 2 per litre. 

Moulds none. 

Carbon dioxide 3 parts in 10,000 volumes. 

Microscopic examination of the solid matter showed wool, cotton, and sand. 

Through analytical meatus the dangers of the huinan-hair goods 
were demonstrated. 1 or there was found in the air of these eistab- 
lishments, a large quantity of dust containing particles of hair, 
which accounted for the high percentage of organic matter, high 
proportion of ammonia, high percentage of carbon dioxide; also 
pathogenic, and pyogenic (pus producing) bacteria, the presence 
of the latter meaning liability to sepsis (blood poisoning) should 
workers have cuts or abrasions on the hands or upon exposed por- 
tions of the body. In one sample of air from a human-hair goods 
place, there was found what appeared to be the bacteria of 
bubonic plague, but owing to the very limited facilities, this germ 
could not be definitely isolated. As a result of infusion in dis- 
tilled water of one small hair secured from an unclean human- 
hair goods place, 550 bacteria were found. In the match industry, 
analysis of samples showed large quantities of phosphorous pent- 
oxide in the air, and this despite the fact that windows were wide 
open at time sample was secured, and in one place, a combined 
plenum heating and ventilating system was in operation. It was 
found as a result of analysis, that large quantities of dust were con- 
tained in the -air in the immediate vicinity o.f wet drilling and 
gl'inding machines used in the pearl button industry. This is proof 
that some remedy is necessary. An examination of a sample of air 
taken from a knitting room showed the presence of particles of 
wool, cotton, skin, and mucous membrane (such as is found lining 
the nose- and throat). In a large cotton mill, clean in character, 
large quantities of cotton, and quite a few bacteria were found 
upon analysis of samples of air taken from the various rooms. In 
a sample of air obtained during working hours in a brass goods 
manufactory situated in a tenant-factory building, and where the 
buffing wheels were unconnected with an exhaust system, copper 
was found to be present. Analysis of samples of air secured in a 
plant devoted to manufacturing mica goods^ showed the presence 



Ebpobt of the Commissioner of Labor, 19*10. 83 

of wood alcohol, and minute particles of mica in the air. The 
workers here were principally young women. 

The results thus obtained are of special value not only as an 
aid in bettering hygienic conditions, but also in the event of prose- 
cutions becoming necessary for failure to comply with the sections 
of the law relating to sanitary conditions. 

This is conclusive proof of the necessity for such a laboratory, 
and I would therefore respectfully recommend that an appropria- 
tion be made for the continuation of this valuable adjunct to the 
• Department. 

Respectfully submitted, 
(iSigned) C. T. Gbaiiam-Eogebs, 

Medical Inspector of Factories. 

m 

REPORTS Oi^ SPECIAL INVESTIGATIONS. 
I. PHOSPHORUS MATCHES. 

Of the many industries wherein the destructive effects upon the health of 
the workers may be directly traced to the process of manufacture, that of 
the white phosphorus match industry stands foremost. 

Notwithstanding the fact that the action of the white phosphorus used in 
the process is very destructive to all tissues, and results in a permanent 
disability, the greater number of workers engaged are women and children, 
many being girls under sixteen years of age. 

While the investigation deals entirely with the white phosphorus match, 
that being the kind manufactured in this State, it may be of interest to 
know that there are three varieties of matches manufactured, namely: 

( 1 ) The so-called " parlor match " or ordinary friction or sulphur match ; 
the head of this is composed of a mixture consisting of different proportions 
of white (also known as yellow) phosphorus, manganese dioxide, glue, and 
a little coloring matter. Potassium chlorate may be used instead of manga- 
nese as the oxidizing agent. By rubbing these matches on a rough surface 
enough heat is generated to cause the phosphorus to unite with the oxygen 
of the oxidizing agent, and the heat produced sets Are to the paraffin, and 
so lights the wooden stick. The phosphorus used in this variety of match 
is not only a most irritating local poison, but when brought in contact with 
the tissues externally, results in most painful burns. It is this variety of 
match which is manufactured in this State. 

(2) The "safety match"; this variety contains no white phosphorus. The 
head of this kind is made of substances highly oxidizable (readily igniting), 
and is usually a colored mixture of antimony sulphide, potassium chlorate 
and glue; while the surface upon which the match must be rubbed to be 
lighted is coated with a mixture of red phosphorus, glue, and powdered 
glass. The redj or amorphous phosphorus used in this kind of match is non- 
poisonouti 



S4 New York State Department of Labor. 

(3) The " safety strike anywhere match " is like the parlor match, but the 
head is made from a mixture containing sesquisulphide of phosphorus, which 
is also nonpoisonous. A few large manufacturers hold the exclusive rights 
to the use of this variety of phosphorus. 

The history of the phosphorus or lucifer match industry dates back to 
1836, Vienna being the early center of the industry, but as wood became 
scarce, the industry was transferred to those countries rich in timberland. 

The number of persons engaged in the phosphorus match industry may 
be seen in the following table which was compiled by Dr. Teleky an Aus- 
trian investigator, and is. quoted by Dr. Oliver. 

Number of 
employees. 

Japan 21,400 

Russia 15,668 

Italy 6,700 

Sweden 5,655 

Germany 4,815 

Austria 4,611 

Great Britain 4,150 

Hungary ) 2,175 

According to the United States Census Report on Manufactures, 1905, 
Part 1, there are 3,185 work people engaged in the match industry, while the 
result of my investigation shows about 600 workpeople in the state of New 
York engaged in this industry, over half of whom are females. 

The dangerous nature of the industry as affecting the health of those en- 
gaged in the manufacture, was not recognized until Dr. Lorinser of Vienna 
reported in 1838 a case of phosphorus necrosis in a worker. Later on other 
cases were reported by medical men, and the Austrian government appointed 
a commission to enquire into the conditions of the work. 

From the time of first making matches, the workers engaged in this in- 
dustry have suflfered from the results of phosphorus poisoning, and the for- 
eign governments have at various times appointed commissions to investi- 
gate and report . upon remedial measures. Independent investigations were 
undertaken by societies and scientists, and the result was an unanimous 
agreement upon the recommending of legislation prohibting tJie use of white 
or yellow phosphorus in the industry. 

The destructive pathological effect of white phosphorus has been fully es- 
tablished by the careful scientific investigations undertaken by the members 
of the various governmental commissions and scientists; the reports of Drs. 
Thorpe, Oliver, and Cunningham of the British commission. Dr. Glibevt, 
Medical Inspector of Factories of Belgium, the Committee on Industrial Poi- 
sons of France, and Dr. Teleky of Austria, are of special interest as bear- 
ing upon the phosphorus match industry. 

In this state there are but two factories where matches are made, and it 
was deemed inadvisable to undertake an investigation into the industry until 
the Department was in possession of means to definitely and scientifically 
establish the presence of the dangerous nature of the industry to which the' 
workers were exposed. During the year the Department was enabled to en- 
joy laboratory facilities, thus making a thorough investigation possible. 

While the processes through which the wood passes from the timber to 



UlSPOtiT OF fEt£ CoMMlsSlOiifEit OF LaBOB, i&lO. 

the finished product arc many, it is the purpose of the report to deal mainly 
with the actual processes wherein the workers come in contact with, or are 
exposed to, the phosphorus, or paste, or their fumes. 

m 

Process of Manufactube. 

• 

After the blocks of timber are brought to the factory, one of the steps in 
the making of the match is the veneering of the wood, and cutting the veneer 
into splinters. This portion of the industry is a process usually entirely 
separated from the actual making of the match, and has not been taken up 
in the investigation. 

The operatives in- this portion of the industry are in no danger from 
phosphorus poisoning except in those cases where such rooms are connected 
directly with rooms in which the phosphorus is used, which permits of the 
fumes gaining access; but even then, the dd.nger is minimized, as the air 
space is usually ample, doors and windows usually open all year around, and 
the machinery when in motion acts as a sort of mechanical means to keep 
ait in constant motion. Such a condition exists in but one factory. 

After the wood has been veneered and splintered, the splints, as they aVe 
called, are put into a rumble to make them' smooth, they are then taken to 
the machines, and forced into a perforated iron frame, which moves along 
the match machine on a chain traveller, in such a manner as to leave the 
greater portion of the splint exposed. 

The match machine is an iron frame work with an endless chain traveller 
to hold the perforated frames, and contains a trough filled with paraffin, 
which is kept in a liquid state by heat, and a trough or rollers containing 
the phosphorus mixture. The machines vary in size from the old type, 
which is about twenty feet long and ten high, to the automatic machines 
sometimes twice the size of the small ones. As a rule, only males are em- 
ployed to look after the various parts of the machine. 

In the old type machine, the frame containing the splints moves along on 
the traveller, and the splints are first entirely immersed in the paraffin 
trough. The frame again moves along, and just the tip . of the splint is 
dipped into the phosphorus mixture; sometimes the tip is first dipped into 
a mixture of potassium chlorate for the purpose of causing quick ignition, 
and then into phosphorus paste. The " green " match is dried, then taken to 
a large table where imperfect matches are sorted out, and the others are 
packed into boxes and wrapped into bundles. In this portion of the industry 
the workers are women and girls. 

The modern machines are the so-called " automatic." Splints are auto- 
matically packed into the frames which move along on the traveller, the 
splints are first dipped into paraffin, then the head of the splint is tipped 
with the phosphorus paste, and for the purpose of quick drying, the splints, 
or (as they are now finished) matches are exposed to a dry air blast while 
in transit. At the end of the machine, the finished match is ejected auto- 
matically into boxes which move along on a web belting and this traveller 
carries the boxes to a circular table alongside the machine; here young 
women straighten out the boxes, sort out imperfect matches, and put the 
covers on the boxes. The boxes are now slid down to a lower table alongside 
of the machine, and children (girls) wrap them into bundles, and paste on 
labels. 



86 Kew York "State ttepARTMENT of Labok. 

The phosphorus paste into which the head of the match is dipped is made 
in a room known as the mixing room. It is separated from the dipping 
room, and only adult males, as a rule, are employed. In this room the phos- 
phorus is kept in tanks of water, for if it were not kept completely sub- 
m.erged, it would burn up. The proportion of phosphorus varies in different 
pastes. In modern plants the paste mixing is done in vessels which are 
hooded and connected with exhaust fans. 

Dangers in the Process. 

The principal danger in the industry is from the action of the white phos- 
phorus used in the paste. There is danger not only in the handling of the 
phosphorus, but also from absorption in handling fhe finished product. 
Working in rooms where the process of mixing or dipping is carried on, and 
the fumes from the phosphorus mixtures impregnate the air, is also a source 
of danger. Workers in room's adjoining such rooms are also exposed to this 
danger. Proof of the presence of dangerous impurities is shown by the re- 
sults of analysis of samples of air secured from such rooms (see tabl^ ap- 
pended to this report). 

Phosphorus is colorless and transparent, but after being exposed to light, 
and acted upon, becomes yellowish and shining like wax, and is luminous in 
the air. It is absorbed through breathing air filled with the fumes, usually 
in the form of an oxide, or through the mucous membranes of the mouth 
and digestive tract, due to uncleanliness of workers who come into contact 
with the phosphorus paste or the finished product. 

The poisoning results in a destruction of the bones of the face, princi- 
pally, the upper and lower jaws, and is known as phosphorus necrosis, com- 
monly called "phossy jaw." Many authorities claim this condition results 
from the poison entering through the presence of dental caries (holes in 
the teeth), but other authorities claim the presence of carious teeth are not 
at all necessary. Swelling and ulcers of the gunis and mucous membrane 
(inner lining) of cheeks also takes place. The person affected becomes 
anaemic (pale), emaciated, and may also suffer from intestinal, liver, kid- 
ney, and nerve affections. 

According to Dr. Oliver, French physicians describe a general morbid con- 
dition of the body, or a cachexia, found principally in female workers; there 
is anaemia, gastritis, and a tendency to bronchitis. They call this condition 
" phosphorisme." My interrogation of many workers brought forth the an- 
swer that they suffered from nausea and gastritis upon first starting to work 
in the industry, which seems to corroborate the findings of the French 
physicians. 

Those who are most directly exposed to danger are the workers engaged 
in the dipping and packing room, as. they spend the greater part of the 
working day in close proximity to, or directly over the phosphorus mixture. 
In the factories visited, the majority of these workers were found to be 
females, mostly young women, and a large number under sixteen years of 
age. 

Prof. Thorpe of the British Commission reports finding .02 milligrams of 
phosphorus per 100 litres of air, in a sample of air secured from a dipping 



J 



EbPOBT OJr THE COMMISSIOKEE OF LabOR, I^IO. 87 

room, while in the boxing room he found .12 milligrams. In an analysis of 
water in which twenty-two workers had washed their hands after ten hours 
work, he found 37.3 milligrams of phosphorus. 

In the analyses made by the Department, there were found as high as 1.1 
milligrams of phosphorus per 100 litres of air, in a very large dipping room 
equipped with a ventilating system, and with windows all open. In another 
dipping room in the same building .81 milligrams were found. In this room, 
the roof was about twenty feet from the floor, and fitted the entire length 
with large louvre windows; a ventilating system was also in operation, and 
all windows open. The majority of the workers in these rooms were women 
and girls, many under sixteen years of age. In the mixing room of the same 
esta^blishment, only .61 milligrams of phosphorus was found; this is prob- 
ably due to the fact that all the vessels in which mixing is done are covered 
by hoods connected to a powerful exhaust fan. Only adult males are per- 
mitted in this room. 

In another plant analyses of air taken from dipping and packing room 
showed .28 milligrams of phosphorus per 100 litres of air, and in an adjoin- 
ing dipping room .2 milligrams of phosphorus. A sample of air was taken 
from the paper box making department which was situated over the dipping 
room, and results showed .09 milligrams of phosphorus. In this plant, open 
windows were relied upon for means of ventilation, and as the amples were 
taken on a cool breezy day in summer, with all windows and doors open, 
and part of the machinery idle, it is fair to suppose that in cold weather 
analyses would have shown a higher proportion of phosphorus present in the 
air. It may also be that the small percentage found is due to the fact that 
a smaller amount of phosphorus is used in the paste. 

These results, as compared with the findings of Prof. Thorpe, tend to show 
a worse condition of affairs here than in the British factory reported upon. 
But as the exact conditions under which Prof. Thorpe secured his samples 
for analysis are not fully indicated, it is rather difficult to properly compare 
the results of the Department's findings. Nevertheless, it emphasizes the 
fact that there is a dangerous side to the industry which requires a remedy 
in order that the health of the workers, espeqially that of the women and 
children may be preserved. 

Referring to the tables at the close of this report, it ia very noticeable that 
the proportion of organic matter is high, as much as 36 grams per million 
litres of air being found, and of the total solids (dust) as high as 440 grama. 
In another plant the amount of organic matter found was 1.4 grams per 
million litres, and total solids 80 grams. This organic matter and solids 
are probably the result of smoke from matches and paraffin, and the small 
amoimt found in the one plant is probably due to the fact that there was but 
one small machine in each room, and that not constantly operating. 

With the exception of a few isolated cases reported many years ago, wo 
have no authentic data as to illness attributable to the industry in this 
state. The managers of the factories claim there are no evident cases of 
poisoning, but that is no proof of safety. The results of accurate statistics 
secured in those countries where medical and dental examinations are re- 
quired, and the many cases of poisoning reported, clearly show there la 
danger. The results of the Department's investigation prove conclusively the 



88 New York State 1>epartment op liASofi* 

presence of the dangerous element, and there is no doubt that sufficient 
proof of the evil effects upon the workers in this state would 'be establislied, 
were the reporting of cases of poisoning required by law. 

None of the workers in this industry present a healthful appearance, and 
all the children examined, especially those who had been employed some time, 
were anaemic, and many suffered from acne (pimj)les). The work is carried 
on in an atmosphere which is filled not only with the fumes from the phos- 
phorus mixture, but also smoke from the paraffin trough, and quite often, 
smoke and fumes from the burning matches which ignite during the process 
of packing. An added danger is . that of burns from the matches taking fire, 
not only on the packing tables, but on the floor, where they are scattered 
about, and light when walked upon. 

The claim is made that the children are in no danger because they merely 
wrap up the filled boxes. This is not true. As long as the children are re- 
quired to work where there is exposure to the fumes of phosphorus, or dust 
incidental to the dipping, the. danger of absorption is just as grave as though 
handling the paste. In Japan, no person under sixteen years of age is per- 
mitted to work in the match industry. 

Preventive Measures. 

Notwithstanding the fact that the results of all investigations have proven 
the industry to be a most dangerous one, there is no doubt that the danger 
can be niinimized by taking proper precautions. The principal safeguards 
are proper ventilation of machines and workrooms, and extreme cleanliness 
on the part of the workers. The best preventive is the prohibition of the use 
of white phosphorus in the process of manufacture. 

The mere installation of a ventilating system is not suflftcient to insure 
safety to the worker's, and this has been demonstrated by the results of the 
Department's investigation and analyses. It is necessary that the phos- 
phorus fumes be removed directly from the point of origin, and away from 
the ' workers. To do this it is necessary that the machines be properly 
hooded, with piping connected to an exhaust fan of sufficient power to draw 
off the fumes and smoke. This is a perfectly practicable method, and its 
efficacy has been demonstrated by the installation of such devices in the 
British match factories. The packing tables should also be provided with 
hoods connected to exhaust fans. 

Despite the exercise of care in keeping a factory clean, particles adhere to 
the clothes, as well as to the hair and exposed portions of the bodies of the 
workers in rooms where phosphorus paste is used, and as a rule, very little 
attention is given to this condition. In none of the factories visited was 
any special covering for body or heads of workers provided. This is of 
importance, for while they may wash the hands and face before leaving 
after the day's work, the danger has not been entirely avoided. Few of the 
workers realize the dangerous nature of the industry, or the action of the 
phosphorus as a poison; though in one plant, notices in various languages 
are posted in the various rooms, calling attention to the fact. 

In one factory visited, precautions were taken to minimize the danger 
as much as possible. Lunch rooms, cloak rooms, and lavatories were pro- 
vided, and cleanliness enjoined upon the workers, but the enforcement of 



Report of the Commissioner of Labor, 1910* 89 

regulations was not rigid. About every three months dental examinations 
were made by the dentist, but there was no provision for medical examina- 
tions. This is in marked contrast to another factory where absolutely noth- 
ing was done to safeguard the health of the workers, or inform them of the 
dangers incidental to the processes. 

From the results of the investigation it is apparent that the only solution 
to the problem for the prevention of industrial poisoning of workers engaged 
in this process, is a prohibition of the use of white phosphorus, and as all 
countries where regulations have been in force, unanimously agree in report- 
ing that phosphorus necrosis occurs wherever white phosphorus is used, des- 
pite rigid laws covering its use, I would therefore respectfully recommend the 
prohibition of the use of white phosphorus in the manufacture of matches 
in this state. 

That matches can be profitably made from the non-poisonous phosphorus 
is an established fact, and the manager of a large factory personally cor- 
roborated the fact. Competition, however, is so keen, that unless the pro- 
hibition of white phosphorus in the industry is made universal, the manu- 
facturer who uses the nonpoisonous variety may suffer financial loss. In 
this state tlie nonpoisonous phosphorus match has been made with some 
success, but its manufacture was discontinued for financial reasons. 

OBSERVED CONDITIONS IN PTANTS VISITED. 

The following is a brief description of the factories visited in this state. 
Temperature and humidity readings were taken, and analysis of air was 
made for carbon dioxide, oxidizable organic matter, total solids (dust), and 
phosphorus, w^hich in the air exists in the form of an oxide. The results 
of these readings and analysis are presented in the table at the end of this 
report. The marked difference in the findings in the tw^o plants is due to 
the fact that one factory is very small, machines were not consantly in 
operation, and analyses were made in summer. The other is a very large 
factory, a very large number of machines were in operation constantly, and 
analyses were made in cold weather. 

Wherever it was possible, physical records of workers under sixteen years 
of age were secured. 

PLANT NO. 1. 

This is a small factory employing about sixty people, and situated in tho 
open country. A portion of the building consists of two stories. Upon the 
first floor are situated the wood veneering and splinter-making department, 
mixing room, dipping room, and dipping and packing room. The rooms are 
all connected by means of open arches. 

Mixing room. This is a very small room separated from th« other rooms, 
but with open doors. There are only one or two male adults employed in 
this room, who are constantly coming and goin^. 

Dipping room. This is a small light room with plenty of windows and 
doors, having one small old-type dipping machine situated near the win- 
dows. There was a marked odor of phosphorus, ozone, and paraffin. All 
workers are males. An analysis of the air showed .2 grams of phosphorus 
per milUon Utres of air. This rpom was not verjr clean. 



&0 New Tobk State Depabtment of Labok. 

Dipping and packing room. This is a large light room, with one small 
old- type dipping machine situated near windows. The majority of the work- 
ers were young women, and in the busy season girls under sixteen years of 
age are also employed. Males attend the dipping machine, and the finished 
product is brought to a large table where it is sorted and packed, and 
wrapped by females. The odor of phosphorus, ozone, and paraffin in this 
room was quite noticeable. Matches were constantly taking fire on table 
during process of packing, and large numbers were scattered about the floor, 
taking fire when walked upon. An analysis of the air in this room showed 
.28 grams of phosphorus per million litres. Cleanliness was not strictly 
observed. 

Paper box making. This room is situated directly over the dipping and 
packing room. A few males and females were employed. Room was spa- 
cious and light, with a number of windows on each side. An analysis of the 
air showed .09 grams of phosphorus per million litres. 

In this factory, doors and windows were the only means for ventilation 
relied upon, and no special mechanical means were provided for removal of 
fumes or smoke. No special precautions were observed whereby the workers' 
health might be protected from the poisonous effects of the white phos- 
phorus, either through furnishing proper coverings for keeping the clothes 
from becoming soiled, or through providing adequate means for proper wash- 
ing of hands and face after finishing the day's work. No notices were posted 
as to the dangerous nature of the industry, or precautionary measures to 
be observed, and the question of the worker's physical fitness was totally 
ignored. All information as to illness or poisoning among the workers was 
in the negative. 

PIANT NO. 2. 

This is a large factory employing over 500 people. It consists of a main 
building with wings; the buildings are four story brick structures. This 
factory is situated in the open and close to a lake. A portion of the second 
floor, and the entire fourth floor are devoted to dipping and packing matches. 
The mixing room is also situated on the fourth floor. 

The system used for heating and ventilating the buildings is a combined 
plenum method, i. e. the fresh air supplied to the various rooms consists of 
cold and warm air which is mixed upon entering room. A twelve-foot 
blower fan supplied the power; there is also a dry air blast at each dipping 
machine. 

Mixing room. This is a large light room situated in a wing, on the fourth 
floor; the ceiling is very high, and windows are numerous. The mixing is 
done in ten vessels each under a hood connected by piping to a forty-two 
inch exhaust fan; there are also three monitors in the roof to aid in ven- 
tilating. Only males are employed in this room. An analysis of the air 
showed .61 grams of phosphorus per million litres of air. 

Dipping and packing rooms, fourth floor. These are three rooms connected 
by open arches; the ceiling is very high (gable), and running the entire 
length of the roof are louvred windows; the rooms are spacious, light, and 
windows are numerous. On this floor there are seventeen large modern auto- 
matic machines; males attend the machines, and all the rest of the workers 



Report op the Oommissioner of Labor, 1910. 91 

are females, many being under sixteen years of age. All work is performed 
on tables situated alongside of the dipping machines. Floors are kept clear 
of matches by constant sweeping. The odor of phosphorus and paraffin was 
very noticeable, and often quite a little smoke and fumes from the matches 
taking fire at the packing tables. Samples of air were taken at the wrap- 
ping tables with the following results: 

Dipping room A 0. 81 grams of phbsphorus per million litres 

Dipping room B 0.74 gramis of phosphorus per million litres 

Dipping room C 0.8 grams of phosphorus per million litres 

Dipping and packing rooms, second floor. These rooms occupy two sec- 
tions of the floor and are connected by open arches; rooms are spacious, light, 
and with numerous windows; there were twelve machines of same type as on 
the fourth floor, and the character of the work being performed was the 
same. Only a few males are employed, and of the large number of females 
at work, many were under sixteen yeara of age. The odor of phosphorus* 
and paraffin was strong, and the smoke from matches taking fire at pack- 
ing tables was at times very marked. The floors are kept clean. An analy- 
sis of samples of air taken at wrapping tables showed 1.1 grams of phos-' 
phorus per million litres of air. 

In none of the dipping and packing rooms were any exhaust systems in- 
stalled for the removal of fumes and smoke. It was noticed in this factory 
that some precautionary measures were observed . in an endeavor to safe- 
guard the health of the workers. A company dentist visits the factory about 
every three months for the purpose of examining the workers, and it is 
required that they undergo examination, and comply with the dental re- 
quirements in order to continue employment. Food is not permitted in the 
workrooms, even the use of chewing gum being forbidden. A lunch room is 
provided for the employees. Washing facilities are ample, and employees 
are required to wash up before eating, and before leaving fo^" home after the 
day's work is finished. The following notice, printed in English, Grerman, 
French, Italian, Russian, Polish, Spanish, Hungarian and Greek, is posted 
in conspicuous parts of the various work rooms: 

To the Emploj'ees .of the Company. 

There are risks connected with the use of Yellow Phosphorus In the manu- 
facture of matches, and in order to avoid them, and the possibility of contracting 
a painful and serious disease of the Jaw bono, the following rules must be 
strictl.y observed by all employees of the Co. : 

(1) Do not handle food, gum or tobacco, or bring hands In contact with . the 
mouth while at work. 

(2) Wash hands thoroughly before eating, and rinse the mouth and teeth 
after eating. 

(3) Brush teeth at least once daily, with good castlle soap, or tooth powder. 

(4) All dental work required to be done by the Company's dental examiner, 
must be performed as directed, or employee will not be permitted to continue work. 

(5) Employees must immediately report to foreman any pain or tenderness of 
toeth or gums, and dental work must be performed without delay. 

(G) Employees must notify foreman before any tooth Is extracted. 

(7) When dental work has been done, a certificate* furnished by the Company, 
and filled In and signed by the dentist doing the work, must be handed to the 
foreman before emplo.vee may return to work. 

All information as to illness or poisoning among the workers in this fac- 
tory was in the negative. 



92 Nbw Tobk State Department of Labor. 

Regulations Needed. 

The result of the Department's investigation proves the dangerous nature 
of this industry, and it is very evident, that to properly safeguard the 
health of the workers engaged therein, it becomes necessary to formulate 
^ special regulations applicable to this particular industry. This has been 
the method of procedure in foreign countries. The use of white phosphorus in 
the match industry is prohibited by France, Italy, Denmark, Germany, 
Switzerland, Great Britain,* and Luxembourg. Women and children are 
prohibited from being employed in match factories in Netherlands and 
Belgium. Workers under sixteen years of age are not permitted in Japan. 
In the majority of the countries, dental and medical examinations are 
required, and overalls must be provided. 

I venture to recommend the formulation ' of regulations along the follow- 
ing lines. 

BEGULATIONS FOR EMPLOYES. 

No female under 21 years of age, or male under 18 years shall be per- 
mitted to work in connection with any process where paste is used contain- 
ing white phosphorus. 

There should be an attending dentist connected with each factory who 
should examine the workers at least every three months; there should also 
be a medical examination at least every six months, a register to be kept 
of all such examinations. .No person should be employed in process where 
white phosphorus is used without producing a medical and dental certifi- 
cate of "fitness, same to be obtained not more than fifteen days after being 
employed. A complete record, accessible to the Department, shall be kept 
of results of all medical and dental examinations. All cases of illness, or 
pain in teeth or jaws, shall be immediately seen to by a physician or 
dentist, and if the result, directly or indirectly, of the industry, must be 
reported to the Department. No person shall be re-employed after illness 
without a medical and dental certificate. 

Overalls should be provided for males, and aprons and head coverings for 
females employed in the industry. They shall be kept at the end of the 
day's work in a suitable place set apart for this purpose; such coverings 
shall .be washed once a week. A room free from damp or dust should be 
provided, where workers may deposit clothes removed during working 
hours. A sufficient supply of wash basins with running hot and cold water, 
soap and hand brushes should be provided. Time should be allowed for 
washing up before meals, and before leaving the works. A sufficient supply 
of alkaline antiseptic mouth wash shall be supplied, and each worker shall 
have their own glass or cup. No person should be permitted to bring into, 
prepare or partake of any food or drink, or to remain during meal times, 
in any of the rooms where the phosphorus processes are carried . on. A 
suitable lunch room should be provided. 

Mixing rooms, dipping rooms, and packing rooms should be separated 
from other rooms by brick partitions, and doors kept tightly closed by 
means of spring or weights. Mixing must be done in vessels kept tightly 
closed by means of hoods connected with exhaust fans. Vessels containing 
phosphorus paste should, when not actually in use, be kept closed by 



E.EPOET OF THE COMMISSIONER OF LabOR, 1910. 93 

tightly fitting covers, or damp flannels. Dipping and packing should be 
don'e under hoods connected with efficient exhaust fans. Loose matches 
should be kept under hoods connected with exhaust fans. 

All floors should be of such material as to make possible the removal of 
dust by moist method, and should be wet-cleansed at least once daily. 
Walls and windows should be cleansed at least once every two weeks. 
Only adult males should be employed to do such cleansing. 

Notices regarding danger of poisoning from materials, symptoms, and pre- 
ventive measures to be observed, should be printed in the various languages 
of workers, and posted in each room and dressing room. 

REGULATIONS FOB EMPLOYEES. 

Extreme cleanliness should be observed ; care should be taken not to handle 
food, or bring hands in contact with the mouth while at work. Wash up 
thoroughly before eating or leaving after work. Kinse mouth thoroughly 
with gargle before and after eating. All workers, when at work, should 
wear covering provided for clothes and head, which should not be worn out- 
side the works, or removed therefrom. No food or drink should be brought 
into the workrooms; meals should be eaten only ii^ a room provided for 
that purpose. Immediately report to physician or dentist any pain or 
tenderness of teeth or gums. Workers should make use of' such safeguards 
as- may be provided by the employer for the prevention of injury, and no 
worker should in any way interfere with the means and appliances for 
ventilating or removing dust, fumes or smoke. None but male adults 
should do any cleansing of floors or walls. Workers should ascertain the 
dangerous nature of the work, and familiarize themselves with the pre- 
ventive measures. 

C. T. Graham-Rogers, 

Medical Inspector of Factories. 

II. PEARL BUTTONS 

Industries' wherein large quantities of dust are generated during the 
processes of manufacture are inimical to the health of the workers employed 
therein, and the tables of mortality statistics show that the deaths^ from 
consumption are very much greater among persons engaged in dusty occu- 
pations than among those engaged in non-dusty occupations. Among the 
so-called dusty trades, that of mother-of-pearl working, or pearl button 
making is considered one of the most dangerous. 

New York State is considered as one of the centers for the manufacture 
of fresh water pearl buttons. The majority of the workers employed in 
this industry are women and children; a large number of the children are 
under 16 years of age. 

In view of the dangerous nature of this industry, it was decided to make 
it the" subject of a special investigation, with a view toward studying the 
dusty nature of the industry 

Through the discovery in the Mississippi river of fresh water mollusks 
which were found to be admirably adapted to the use of buttonmaking, the 
industry in this country assumed some importance. Before this discovery, 



94 New York State jDepaetment op Labob. 

the raw material originally came from China, Ceylon, and the Mediterranean 
sea. Owing to the scarcity and high price of the East Indian shells, they 
are only used for ornaments, novelties, and the most expensive buttons. 

Pbocess of Manufacture. 

Upon reaching the factory, the pearl shells are immediately put to soak 
iA water for about a week, in order to render them less brittle, as the dry 
shells are apt to disintegrate when cut by the saws. The processes through 
which the shell passes are numerous, and the finished button is the result 
of a large amount of drilling, grinding, and polishing, whether by hand 
work or machinery. 

Salving. The wet shell is sawed into sizes convenient for cutting out 
blanks from it, and calculated so as to leave as little waste material as 
possible. The sawing is done by means of a circular saw driven by motive 
power. During the process small splinters of the shell fly about endanger- 
ing the eyes of the workers. In the modern factories, each saw is equipped 
with a glass shield to prevent the splinters from flying into the eyes of 
the operators, and as an additional protection some workers wear eye pro- 
tectors. The sawyers are adult males. 

Cutting, After the shells have been sawed into sections, the circular 
blanks or discs for the buttons are then cut out from these sections. In 
the use of fresh water shells, the dies are cut directly from the shells. The 
cutting process is a wet one and is done in a lathe. The drill is a hollow 
cylinder provided with teeth at its boring edge, which are forced through 
the shell; the disc, as it is cut out, passes through the hollow drill and 
drops into a receiver. The operator is obliged to force the shell against the 
drill either with pliers or his bare hands. The cutters are all adult males. 

Splitting. The blanlcs or discs are now split into the desired thickness, 
according to the character of the button required. This work is usually 
done by hand, the workers being adult males. 

Planing, grinding, facing, hacking, doming. These are all processes in 
which the disc is subjected to the action of emery wheels for the purpose 
of leveling and smoothing t^e face and back of the button, and imparting 
to the button a rounded form. These processes are generally included in 
the terms turning and finishing. In the majority of the small factories, 
there is a separate lathe or grinder for each process. In the modern 
factories, many of the processes are completed automatically in one machine. 
Large numbers of young women are engaged in these processes. 

Drilling. The discs are now placed in lathes or drilling maxihines, and 
holes are cored through them. The operators of these machines are mostly 
women and young persons. The ornamental or fancy form of button is 
secur^ed through subjecting the disc to the action of various shaped drills 
and grinders. The discs after being drilled, are finished buttons ready for 
polishing. 

Polishing. After passing through the various drills and lather, the buttons 
are put into a rumble (which is a revolving cask) together with rotten 
stone and a hydrochloric acid solution, in order that* the buttons may 
acquire a polish, and so bring out the original pearly luster. The workers 
in this process are all males. 



EjJPOBT OF THE CoMMISSIOKEE OF LabOB, 1910. &5 

Carding. After polishing, the buttons are sorted, counted, and sewed on 
cards. A greater part of the workers engaged in this part of the work 
are under sixteen years of age. Many of the large factories have the card- 
ing done by home workers. 

Dangeks in the Pbocess. 

Throughout the entire process, dust is necessarily created. It is the waste 
product of the industry, and to many manufacturers presents a serious 
problem; for in the large cities, it is necessary to pay for its disposal, and, 
as a rule, large quantities accumulate daily. It is evident, then, that con- 
ditions in the industry are not hygienic in character. Upon entering a pearl 
button factory, the impression first received is the suffocating character of 
the dust, and the peculiar organic odor present, thus giving a physical 
demonstration of the unhealthful character of the industry. 

The danger is 'due entirely to the dust created in the course of manu- 
facturing. This dust is of a creamy white c6lor, very light, and composed 
of small grains, excessively thin, which under the microscope appear as 
sharped-edged crystals; it gives to the touch a rough and griity sensation. 
Dr. B. W.. Richardson in a lecture delivered in 1876 said: 

Guggenbauer and Klauser have made an analysis of the three different layers 
of which the pearl shell is composed. The most internal layer is the one used 
by the mother-of-pearl turners. It contains of organic matter insoluble in water 
5.57 per cent., of organic matter soluble in water 0.11 per cent., of water 0.47 
per cent., of carbonate of lime 93.555 per cent., and of alkaline salts 0.295 
per cent. 

An analysis of a pearl shell obtained in a New York City factory was 
found to be of the following composition: 

Calcium carbonate (lime) " 55.60% 

Carbon dioxide 39 . 50% 

P*erric oxide Trace 

Magnesium oxide Trace 

Silicon dioxide (silica) : . . . Trace 

Phosphate Trace 

Moisture 0.67% 

The presence of the animal organic matter entering into the composition 
of the shell, is the cause of the odor peculiar to the industry. 

The attention of many investigators has been attracted to the conditions 
in this industry, and as far back as 1832, C. Turner Thachrah, in " Effects 
of Arts, Trades, and Professions on Health and Longevity" states: "The 
pearl dust' produces often bronchial irritation, and this excites pulmonary 
consumption in individuals predisposed to the disease." In 1855, Dr. Waller 
Lewis in a Parliamentary Report on " The Laws and Ordinances in Force 
in France for the Regulation of Noxious Trades and Occupations" states: 

"It is almost exclusively the pearl-button makers, of whom there are a 
great number in Birmingham, who suffer from inhaling dust." He also 
states that " The injurious influence of the pearl-button manufacture on 
health was further confirmed by evidence afforded by Dr. Russell and by 
Dr. Johnstone." Dr. J. T. Arlidge, an eminent British authority in his 
"Hygiene, Diseases, and Mortality of Occupations," published in 1892," states 
that "The cutting, turning, drilling, and polishing of mother-of-pearl are 



96 New York State Department of Labor. 

attended by a large amount of heavy dust, which, from its composition, 
operates on the respiratory organs in the same fashion and degree as 
mineral dust." Speaking of the lesions produced in the lungs as a result 
of inhaling the dust, he refers to the findings of Dr. Greenhow as follows: 
"This excellent pathologist stated that he had satisfied himself of the 
identity of the lung affections of these workmen with those of miners, 
potters, flax dressers, and other operatives exposed to inhale air charged 
with dust. The symptomatology, moreover, is alike between them, and 
especially the long existence of shortness of breath before cough and other 
indications of broken-down health and lung lesion evidence themselves." 
Dr. Thomas Oliver, a recognized British Governmental expert, in " Danger^ 
ous Trades" writes: 

Hirt regarded this trade as extremely dangerous. lie found that 15 to 16 
per cent of the men engaged in this trade died from phthisis. According to 
Guggenbauer turners of mother-of-pearl are said to suflPer frofta a peculiar affection 
of the bones (osteomyelitis)' owing to absorption of carbonate of lime from 
particles of the shell that have been inhaled. It is said that obscure rheumatic- 
lilce pains subsequently occur, and that the bones ulcerate. I have visited mother- 
of-pearl grinding shops in Sheffield and interrogated the workers there, but have 
been unuble to find any evidence to support Guggenbauer's contention. The 
grinding in Sheffield is done by the wet process, and none of the men soem to 
suflPer in the manner alluded to. 

The results of my visits, observations, and interrogation of .the workers 
in the industry in this state, has also failed to bring forth any evidence 
in support of Guggenbauer's contention. Many of the workers complained 
of rheumatism, but I believe it is attributable to the dampness of the work, 
together with the results of faulty personal hygiene, and improper dietetics. 

The evidence of all investigators into the industry, sustains the conten- 
tion that respiratory disorders are the results of the dusty character of the 
processes carried on. According to Arnold ( Untersuchungen iiber Staub- 
inhalation, Leipzig, 1885),. coarse particles of dust which are not expectorated 
cause harm by clogging up the air vesicles and interfere with respiration, 
an irritation may accompany this condition, and result in an inflammation 
of the respiratory organs. A chronic inflammatory condition may ensue, and 
this favors infection with the tubercle bacilli (tuberculosis). ' The investiga- 
tion undertaken by the Department demonstrates the presence of large 
quantities of dust in the pearl button factories, together with numerous 
colonies of bacteria and moulds, as is shown in the accompanying tables 
(post), thus conclugrively proving that a specific cause of such bronchial con- 
ditions exists in the industry. 

Analyses of samples of the air taken at the breathing level alongside of 
the machines devoted to wet grinding and drilling, showed the presence of 
large quantities of dust. This condition may have been caused by the 
rapid evaporation of the stream of water, through friction, thus permitting 
the dry particles of dust to fill the air; or it may have been due to the 
dry particles of the waste matter allowed to accumulate about the machine. 
The sorting, counting, and carding of the buttons is usually considered as 
a non-dusty process, but the results of the analyses of the air secured from 
rooms devoted exclusively to such work, showed the presence of considerable 
quantities of dust. The workers engaged in this occupation showed the 



IIbpo^t oi' fHE CoiSfMlsSloisrEA 6f Labor, IdlO. 9*^ 

effects of the dust upon the hands and clothes. The dusty . condition is 
probably due to the fact that the buttons are not thoroughly cleansed in 
the polishing process. It is in this portion of the industry that the chil- 
dren under 16 years of age are employed. 

During mj visits to the factories, I have observed that many of the 
workers engaged in the various processes, are anaemic, and some have ad- 
mitted that they are prone to suffer from bronchial affections. Many of 
the children were examined ; those who had worked any length of time in 
the industry showed the results of dust inhalation, for the breathing 
was found to be of a harsh, rough character, instead of the usual slight, 
breezy murmur normally present. A number of adult workers in this in- 
dustry were examined, and asthmatic conditions were found; two workers 
examined were found to be phthisical, but an examination of the sputum 
failed to show any tubercle bacilli. 

Added to the danger of the irritating properties of the pearl dust, is the 
irritating effect of the fumes arising from the hydrochloric (muriatic) acid 
used in polishing, together with the irritating rotten or pumice stone. 
During my visits, I have seen young workers engaged at polishing wheels; 
it was daimed that the work was not unhealthful, but the condition of the 
operators' hands, faces, and clothes, hardly bears out the fact of its being 
a safe occupation; and by standing alongside of the worker for a few 
minutes, I was convinced of its dangerous nature. 

The manufacture of pearl buttons requires no special skill, and can be 
accomplished with the use of a few tools, hence it is an occupation which 
may be carried on in the homes. I am informed by a number of manu- 
facturers that considerable home work is done in this state, mainly among 
Bohemians. Thus, it can be readily seen that most rigid sanitary regulations 
are required in oi'der that the health of the workers in this industry may 
be safeguarded, and stringent regulations should be enforced applicable to 
the industry carried on in the homes. 

The character of the work is such that it should only be performed under 
the most hygienic conditions. I have found a number of pearl button 
factories situated in tenant- factory buildings in the congested districts of 
New York City, where, owing to structural conditions it was almost im- 
possible to properly improve unsanitary surroundings. The rooms were 
poorly lighted, and the machinery was closely situated, and means for venti- 
lation inefficient. Many young workers were found at work in places of 
this character. 

In a small plant in Long Island, the shop was situated in the extension 
of the owner's dwelling; in the cellar, which was small and damp, several 
women were employed. In another factory women were employed all night 
at the automatic machines; the superintendent informed me that it meant 
a financial loss to break in other operators. This proves the need of special 
protection for the women engaged in this industry. 

The large amount of organic matter, ammonia, and bacteria, found as 
a result of the analyses of samples of air taken from the workrooms, many 
of these rooms having exhaust systems installed and in use, shows that 
the conditions under which the work is being carried on, are dangerous 
to the h<^lth of the workers. The remedy is the installation of proper and 



98 New York State Department of Labor. 

efficient means of ventilation, With the removal of the dust at its point of 
origin. Massachusetts has recently enacted a law which provides that the 
State Board of Health may exclude minors under 18 years of age from any 
trade, process of manufacture, occupation or method deemed by said board 
to be Sufficiently injurious to the health of such minors as to justify their 
exclusion therefrom, and among the processes named in the schedule, 
"cutting, boring, turning, planing, grinding, doming, facing, or polishing 
pearl shells" are included. I would respectfully recommend that the Depart- 
ment be g^ven power to exclude workers under 18 years of age from this 
industry. 

Observed Conditions in New York State. 

An endeavor was made to visit every^ factory in the state, and secure 
samples of air for analysis. In several situated at a distance from New York 
City, only CO2 tests were made as laboratory facilities were not available at 
time of visit. Analysis was made for carbon dioxide, oxidizable organic 
matter,, total solids (dust), ammonia, bacteria, and moulds. It is noticeable 
that the carbon dioxide determinations are not indicative of the dangerous 
nature of the industry. In many factories physical records of children 
were secured. The apparently low amoimt of dust present in some places is 
due to the fact that they were small places situated in the open country, 
and samples were taken in mild weather when all doors and windows were 
open. Return visits were made to a number of the factories. 

PLANT NO. 1. 

This place occupies the seventh loft of a large tenant-factory building. 
The- carding room is partitioned off from main loft. The general conditions 
in this place are good. A number of windows permit of proper lighting 
by natural means. All machines are connected with an exhaust system. 
The amount of dust found was not very high, but the ammonia, and bacteria 
were. 

PLANT NO. 2. 

This is a small place occuping the fifth floor of a small tenant-factory 
in a congested district. The general conditions of the place were not good. 
Despite the fact that machines were connected with an exhaust system, the 
dust, organic matter, ammonia and bacteria were high, proving inadequacy of 
ventilation. 

PLANT NO. 3. 

This place occupies the seventh floor of a small tenant-factory in a con- 
gested district. The general conditions of the place are poor. In one room 
were fourteen drilling machines with no exhaust system. The operators 
were all young females; they were covered with the fine dust, and were 
obliged to wear head coverings. The analyses showed an exceedingly bad 
state of affairs, 342 grams of dust per million litres being found, and 6 
grams of organic matter. The ammonia and bacteria were also high. The 
place was decidedly unsanitary, and dangerous to health. 

PLANT NO. 4. 

This place occupied the top floor of a front and a rear tenant- factory; 
the lofts were joined by a bridge. This building was situated in a congested 



BBPosf OS' THE CouutBmoHTEiL OF Labos, I&IO. 99 

district. Windows were ample, but room was divided by partitions. Ma- 
chines were connected with an exhaust system. In the rear loft, several 
young men were polishing pearl handles on a buffing wheel, using muriatic 
acid and pumice stone; their hands, face, and clothes were covered with 
the material, which is of an irritating character. The general conditions 
of the place were fair. 

PLANT NO. 5. 

This is a very small place situated on the sixth floor of an old tenant- 
factory building in a congested district. Only a few males are employed. 
Windows are few, lighting is poor. A number of drilling machines have 
no exhaust connection. Dust, organic matter, and bacteria were high. 

PLANT NO. 6'. 

This is a small place situated on the third floor of an old tenant- factory 
building in a congested district. Windows were ample, and place was well 
lighted. Machines were connected with an exhaust system. General con- 
ditions of place were not good, and machinery was crowded. A number 
of young males and females are employed. No air analyses were made. 

PLANT NO. 7. 

This is a large place occupying a corner building. The second floor is 
devoted to the office, and to sorting and carding. A large number of girls 
under sixteen years of age are employed at sorting and counting. A number 
of physical records were secured. One girl was found to be suffering from 
trachoma (a contagious eye disease). The upper floors are devoted to 
sawing, boring, cutting, turning, and finishing. Windows are ample, but 
despite an exhaust system conditions were not good. The general arrange- 
ment of the exhaust system was faulty. The bacterial findings in this place 
were high. 

PLANT NO. 9. 

This is a very small place employing only a few males and females; it is 
situated on the sixth floor of an old tenant- factory in a congested district. 
General conditions of shop and building are poor. Windows and lighting 
are inadequate for the character of work. Machines were connected to an 
exhaust fan. Dust and bacteria findings were high. 

PLANT NO. d. 

This is a small place situated in a large tenant-factory in a congested 
district. A few males are employed, and windows and light were ample. 
General conditions of the place were good. No tests were made. 

PLANT NO. 10. 

This is a small place occupying part of the loft in a corner building near 
the river. A few male adults were employed. Exhaust system was in- 
stalled, and general conditions of the place were fair. 

PLANT NO. 111. 

This is a very small place. Several machines without exhaust connection. 
Dust, organic matter, and bacteria were rather high. 



1 J 



100 New Yobk State Depaetment of Labok. 

PLA^'T NO. '12, 

ThiB is a fair-sized place occupying two floors in a tenant-factory situated 
near the river. General conditions were not good. Despite the installation 
of an exhaust system, dust, organic matter, and bacteria were high. A 
large number of females are employed on grinding and drilling machines. 

PLANT NO. 13. 

This is a small place situated in an unsanitary tenant-factory in a con- 
gested neighborhood. Windows are inadequate, and lighting is poor. . It 
is necessary to use gas for illumination during the day. Machines are 
connected with an exhaust system, and an endeavor is made to keep the 
place clean. The dust, ammonia, organic matter and bacteria are very high. 
This is a building unsuited for manufacturing purposes of this character. 

PLANT NO. 14. 

This is a fair-sized place, in a tenant- factory situated in a congested 
district. General conditions of the place are fair. An exhaust system is 
installed, but a number of drilling machines are not connected. The dust, 
organic matter, and bacteria were high. 

PLANT NO. 16. 

This is a fair-sized place situated in a tenant-factory. While there are 
sufficient windows, the machinery is so crowded as to make the place 
gloomy, and increase the danger of accidents. General conditions were not 
good, and means of egress in case of fire were dangerous. A number of 
children were employed on the machines. Dust, organic matter and bacteria 
were high, despite the exhaust system to which machines were connected. 

PLANT NO. 16. 

This is a large place occupying a corner building. The first floor was 
devoted to sawing, and wet grinding; no exhaust system was installed 
on this floor; analyses showed a very high amount of dust, organic matter, 
ammonia, and bacteria. The upper floors were devoted to turning and fln- 
ishing; light was sufficient, and machines were connected with an exhaust 
system, but it was ineffective, as dust and organic matter were high. 

PLANT NO. 17. 

This is a small place occupying the third floor of a tenant-factory in a 
closely settled district. Windows are ample, but machinery is so closely 
situated as to make place gloomy. General conditions of place were not 
good. An exhaust system was installed but was inefficient. Dust, organic 
matter and bacteria were high. 

PLANT NO. IS. 

This is a small modern building situated in the open country; the place 
is light and sanitary; both wet and dry grinding and drilling machines are 
connected with an exhaust system. Dust was high, but this was probably 
due to open windows permitting outside dust to blow in, as the day was 
a breezy one in summer. The high organic matter was due to the odor of oil 



-*~ 



Report of the Commissionek of Labob, 1910. 101 

and gasoline from motor on floor below. The general oonditions of this 
pl^oe were very good. 

PLANTS NOS. 19-24. 

These places were all situated in the open country, and occupied the 
same type of building. This consisted of a small one room place, motive 
power being supplied by a gasoline motor. Windows and light were ample; 
and but few females were employed. General conditions were good. The 
buttons made were of the fresh water variety. In all cases exhaust systems 
we^e installed. 

PLANT NO. 25. 

This is a large light sanitary loft situated close to the river in a very thinly 
settled district. Machines are all connected with an exhaust system. Con- 
ditions are good. Dust, organic matter, and ammonia were low. 

PLANT NO. 26. 

This place occupies a small modern building constructed especially for 
the work. First floor is devoted to cutting and sawing room, also a carding 
room. The second floor was devoted to grinding, turning and finishing. 
Wet drilling machines were the only ones not connected with the exhaust 
system. The general sanitary conditions were ^ood, and dust was not 
very high. 

PLANT NO. 27. 

This place was situated in the extension of a dwelling-house. The cellar 
was used for sawing. The upper floor was used for grinding and finishing. 
In this room machinery was so closely situated as to really be dangerous: 
Carding and sorting was done in the dining room. Despite the use of an 
exhaust system, dust and organic matter were high. 

PLANT NO. 28. 

This is one of the largest factories in the state oocupying the greater 
part of a modern building situated in the open. The turning, finishing, 
drilling, etc., is all done by modern automatic machines connected with an 
exhaust system. Kooms are large, light, and air space per person is ample. 
A large number of young workers, both male and female, are employed at 
the machines. In sorting, counting, and carding, the majority of the workers 
are girls under 16 years of age. A large number of physical records were 
secured in this place. The general hygienic conditions of the place are good. 
The findings for dust, organic matter, and bacteria were low. 

PIANT NO. 29. 

This is a frame building built on the side of a hilly road. The upper floor 
is devoted to sorting and counting. The lower floor is devoted to drilling. 
Windows are numerous and air space per person is ample. An exhaust 
system connects all machines. Analyses of the air showed a very high pro- 
portion of dust, organic matter, and ammonia and the bacteria count wa^ 
high. This may have been due to its peculiar situation to the dusty road, 
the building being really situated in a gully. 



102 New York State Depabtment of Labob. 

PLANT NO. 30. 

This is one of the largest factories in the country. It oceupies two modern 
brick buildings near the railroad. Machinery is all of the modern automatic 
type, and connected with a modem exhaust system. One floor is devoted 
entirely to sorting and counting. This firm has the carding done by home 
workers. Notwithstanding the fact that conditions in this plant are very 
good, the ventilation system is faulty. No counter openings were provided 
for, and while there is an adequate exhaust system, it is unable to accom- 
plish the purpose for which it was installed. The results of the air analyses 
show this to be so. 

On the first floor grinding room, the dust was .very thick and 165 grams 
per million litres were found. In the finishing rooms, the CO, was 13 parts, 
organic matter 9.6 grams, ammonia 4, and 10 colonies of bacteria were 
found, whereas the dust was only 20 grams, showing that while the exhaust 
system was effective in removing the dust, the air was dangerously impure 
from products of respiration. In the room devoted to sorting, where we 
would expect to find but little dust, there was found 82.5 grams per million 
litres, which is high. The workers in this room are young persons, many are 
girls under 16 years of age. 

PLANT NO. 31i 

This place occupies a two story brick structure situated near the railroad. 
Windows are numerous and- the place was well lighted. Sanitary conditions 
are very good. Machines are all connected to an exhaust system. Dust and 
organic matter were not as low as would be desired. In this factory, women 
are employed on the all-night shift, at the finishing machines. No children 
are employed. 

PLANT NO. 32^, 

This is one of the large places in the state. Both pearl and vegetable 
ivory buttons are made in the same building. The plant occupies two modem 
brick buildings situated in the open, and upon the banks of the canal. No 
tests for dust were made, owing to lack of laboratory facilities. Sanitary 
conditions were good. Physical records of a number of young workers were 
secured. ; 

Regulations Needed. 

As the danger in this industry is principally from the dust created during 
the process of manufacture, this condition may be remedied by the applica- 
tion of sections 81 and 86 and in addition, I venture to recommend the form- 
ulation of regulations along the following lines. 

FOR EMPLOYEKS. 

No person under 18 years of age should be employed at sawing, cutting, 
boring, turning, planing, grinding, doming, facing or polishing pearl shell. 

All machines shall be provided with an efficient exhaust systems. All 
workrooms shall be ventilated by artificial means so that an abundant supply 
of fresh air is maintained. 

All fioors should- be of such material as to be easily subjected to removal 
of dust by a moist method, and should be cleansed daily. All dust collecting 



Report of the Oommissioner of Labor, 1910. 103 

in or about machines where wet or dry drilling or grinding is done, shall be 
removed daily. Windows should be cleansed at least once every two weeks. 

A sufficient supply of wash basins with running hot and cold water, soap 
and brushes should be supplied. No food should be brought into, or eaten in 
the workrooms. Overalls should be worn by males, and aprons and head 
covering by females, same to be discarded upon leaving the room. 

Proper protection for the eyes of sawers should be furnished. 

FOB EMPLOYEES. 

Extreme cleanliness should be observed. 

No worker should in any way interfere with the means and appliances for 
ventilation or the removal of dust. 

Workers should make use of such safeguards as may be provided by the 
employers for the prevention of injuries. 

No food or drink should be brought into the workrooms; meals should 
be eaten only in a room provided for that purpose. All workers when at 
work should wear overalls, apron and head covering, the same to be discarded 
upon leaving after the day's work. 

C. T. Gbaham-Roqees, 
Medical Inspector of Factories. 



104 



New Toek State Department of Labor. 



RESULTS OF AIR ANALYSES IN 



No. 

of 

plant, 



Date and 
weather. 



Floor of building and 
process in room. 



NuMRBR or 

EUPLOYICCS. 



Male. 



Fe- 
male. 



Means or Ventila-tion. 



Tempbratoiub 
(Fahrknhsit). 



Out- 
doors. 



In- 
doors. 



PHOSPHORUS MATCHES. 



2 
3 
4 



5 
6 
7 



8 
9 



June 15; 
ch*r. 



Sept. 27; 
cloudy. 



April?; 
clear. 

April 21: 

partly 

cloudy. 

April 21; 

partly 

cloudy. 

May 9 and 

21; cloudy. 



May 21; 
clear. 

May 21; 
clear. 

June 6; 
clear. 



Aug. 16, 
cloudy. 
Aug. 16; 
cloudy 



1st; dipping^room A) . 
1st; dipping(room B). 



2d; box making. 
4th; mixing 



4th; dipping and 
packing (room A). 



4th; dipping and 
packing (room B). 

4th; dipping and 
packing (room C). 



2nd; dipping 
packing. 



7th; polishing. 
7th; carding. . 



and 



5th; drilling. 



7th: drilling. 



5th; (front) finishing. 
5th (center) finishing. 

5th; (rear) polishing. 
5th (rear); drilling.. 



6th (rear); drilling. 



3rd; polbhing. 



5th; drilling, polish- 
ing and. sourting. 

4th; drilling and 
backing. 

3rd; drilling, polish- 
ing and sorting. 

2nd; counting and 

sorting. 
6th (center) 



12 
10 


"is 


3 


8 


10 




12 


40 


10 


70 


10 


8 


11 


42 



Windows: 9 S., 6 E.. 6 W., 2* side, 
each having 4 louver panes open; 
doors: 1 side, 1 front; the two 
rooms are connected by large 
arches. 



Windows: 5 N., 12 E., 12 W.; elevator 
shaft; dipping room connected by 
arch; 10 mixing pots connected to 
42' exhaust fan: entire building 
eqiiipp^ with plenum heating and 
ventilating system using 12^^ fan. 

Windows: 9 N., 6 E., 13 S.; room B 
connected by 3 arches; louver win- 
dows entire length of roof. 

Windows: 10 N., 14 S.; louver windows 
entire length of roof; arches connect 
this room with rooms A and C. 

Windows: 10 N.. 12 S.. 4 W.; room B 
connected bv arches; louver windows 
entire length of roof. 

Windows: 4 N., 16 S.; arches to side 
rooms. 



PEARL BUTTONS. 



55 


9 
6 


29 


6 


00 


32 


100 


40 


36 




7 




20 


8 


26 


26 


40 


20 


4 




5 


65 


3 


2 


6 


2 



Windows: 6 front, 12 rear, 6 W.. 1 E., 
many open; 3 large skylights; ex- 
haust system for all machmes. 

Windows: 6 front, 3 rear, 2 side, open ; 
grinding machmes connected with 
exhaust system. 

Windows: 6 front, 7 rear, 8 side, many 
open; 1 skylight. 

Windows: 14 front, 2 side, somepartly 
open; exhaust system for 20 ma- 
chines. 

Windows: 16 front, 3 skylii^hts open; 
exhaust system for 19 drilling ma- 
chines. 

Windows: 2 ride, 2 rear, open; 7 ma- 
chines connected with exhaust 
system. 

Windows: 3 front, 3 rear, 6 side, partly 
open; exhaust system for all ma- 
chines. 

Windows: 7 E., 9 S., 6 N.; 7 windows 
partly open; exhaust system for 4() 
maclunes. 

Wmdows: 7 E., 9 S., 6 N.; windows 
partly open; exhaust system for 
some machines. 

Windows: 7 E., 4 S., partly open; ex- 
haust system for 4 maclunes. 

Windows: 7 E., 9 S., 6 N., partly open. 

Windows: 2 S., 4 W., partly open; 

exhaust system for 4 machines. 
Windows: 3 front, 3 rear, 4 side, open; 

exhaust system for machines. 



78 
78 



78 
67 



67 

67 
67 
67 



68 



8^ 

76 
74 



74 

76 
74 
76 



47 


69 


60 


72 


60 


72 


66 
66 


67 
67 


68 
68 


70 
71 




67 


* 


• 


66 


73 


C6 


70 


66 


68 


66 


71 



74 

* 



* Not observed. 



Report of the Oommissiokek of Labor, I&IO. 105 

CERTAIN FACTORIES, 1910. 



Humidity. 



Out- 

doOTi. 



In- 
doon. 



RESULTS OP Ant Analysis. 



Parte 
of(X)a 

in 
10,000 

vol- 
umes. 



Tarteof 
ammonia 

in 
1.000.000 
vol- 
umes. 



Grams 
of oxidiz- 

aUe 

organic 

matter in 

1.000.000 

titers of 

air. 



Grams 
of solids 

in 

1.000.000 

titers of 

air. 



Num- 
ber of 
colonies 

of 

bacteria 

per liter 

of air. 



Num- 
ber of 
monlds 
per liter 
of air, 



Remarks. 
[Including notation of artificial light 
or heating in use; and any fumes, 
odors or gflses observed.] 



74 

74 



70 



70 

70 
70 
70 



80 
81 


8 
9 




0.96 
1.40 


80.0 
62.0 


74 


7 




0.86 


42.0 


08 


8 




7.40 


440.0 


63 


7 




36.00 


220.0 


63 


8 




18.30 


291.0 


63 


7 




18.00 


210.0 


65 


10 




36.00 


440.0 



« 
* 



* 
* 



* 



'No exhaust system; marked odors o^ 
phosphorus and paraffin; analysis 
showed 0.2 grams phosphorus per 
milUon liters of air m room A, and 
0.28 grams in room B. 

Analysis showed 0.09 grams phos- 
phorus per million liters of air. 

Analysis showed 0.61 grams phos- 
phorus per million liters of air. 



Analysis showed 0.81 grams phos- 
phorus per million titers of air; each 
of six dipping machines has dry air 
blast to dry matches. 

Analysis showed 0.74 grams phos- 
phorus per million titers of air. 

Analysis showed 0.8 grams pho«- 
phwus per million titers of air. 

Analysis showed 1.1 grams phos- 
phorus per million liters of air. 



70 


65 

 •  • 


73 


70 


73* 


52 


79 
79 


68 
68 


84 

84 

1 


70 
09 




51 



78 

78 

78 

78 
Hi 

tThMs. 



63 
65 
59 

76 

80 

* 



7 
8 


2.0 


1.64 


6 


3:0 


3.20 


9 


2.0 


5.51 


8 
8 


1.0 
1.0 


1.28 
1.39 


9 

7 


1.0 
1.0 


0.51 
1.12 


9 


5.0 


0.70 


n 


• 


« 



8 

8 

7 

10 
7 



1.0 
1:0 

t 

1.0 

1.0 

« 



0.96 
1.20 
0.65 

1.40 

0.35 

* 



13.2 
15.6 

125.0 
342.0 



55.0 
42.0 

42.3 
51.0 

38.0 



37.5 

49.3 

34.7 

39.3 
64.0 



14 
16 


6 
8 


7 


2 


12 


5 


* 


* 


10 


4 


9 
9 


2 



14 


7 






* 


* 



1] 

9 
8 

16 

9 

* 





1 
2 



r Carding room and offioe partitioned 
\ off; place dirty; wood floor. 

Wood floor, dusty; acid fumes (HCl). 



Wood floor; place very dusty; no ex- 
haust system; acid fumes (HCl). 

No exhaust syst-em for 14 drilling 
machines; &^t test made at these 
machines; wood floor, dusty; 

* steam heat; acid fumes (HCl). 

No exhaust system for 5 wet drilling 
machines; acid fumes (HCl). 

Wood floor; place dirty. 

No cxhai'st system for 6 machines; 
exhaust system for others in vpry 
poor condition; acid fumes (HCl). 

No exhatist system for 28 machines; 
exhaust system in very poor con- 
dition. 

No exhaust system for 4 wet drilling 
machines; exhaust system for others 
in very poor condition. 



No exhaust system for 2 wet carvbg 

machines; acid fumes (HCl). 
Wood floor; place clean. 



106 



?^EW York State Depabtment of Labor. 



RESULTS OF AIR ANALYSES IN 



No. 

of 

plaat. 



Date and 
weather. 



Floor of birildmg and 
process in room. 



Number of 
Emplotke^. 



M]ilc. 



Fe- 
male. 



Means of Ventilation. 



Temperature 
(Fahrenheit). 



Out- 
doors. 



In- 
doors. 



10 
11 
12 

13 
14 
15 
16 



17 
18 

19 

20 
21 

22 

23 
24 

25 

26 

37 



28 



Aug. 24; 

cloudy. 
Aug. 24; 

cloudy. 

Aug. 25; 

clear. 

April 14; 
cloudy. 
Aug. 30; 

clear. 
Aug. 30; 

clear. 
Aug. 25; 
cloudy. 



Aug. 25; 
c'oudy. 



Aug. 26; 
partly 
cloudy. 



Aug. 26; 
clear. 



June 2; 

clear. 
June 2 : 

clear. 

June 3; 
clear. 

Aug. 30; 

clear. 
June 3; 

clear. 

April 5, 
1909; clear. 

May 17; 
clear. 



April 28; 
clear. 



May 18; 
clear. 



PEARL BUTTONS - (Cotdmued). 

3rd; drilling 10 Windows: 5 front, open; exhaust sys- 
tem for 12 machines. 
3rd; drilling 12 Exhaust system for machines 



Ist; polishing 

1st; drilling and pol- 
ishing. 
3rd; drilling 



3rd; drilling, etc 

Ist; sawing, drilling 

and polisrunir. 
4th; sawing, drilling 

and polishing. 



3rd; polishing, etc. 



2nd Reenter); drilling 
ana polishing. 

Ist; carding 



1st; drilling and pol- 
ishing. 



Idt; drilling and pol- 
ishing. 

1st; drilling and pol- 
ishing. 

1st; drilling and pol- 
ishing. 

Ist; drilling and pol- 
ishing. * 

1st; drilling and pol- 
ishing. 

1st; drilling and pol- 
ishing. 

2nd (center); drilling 

and polishing. 
1st (center); backing 

and sawing. 
2nd; polishing. . ... 



Cellar; sawing 



4th; finishing 

sortuig. 
3rd; carding. . . 
!ird; polishing.. 



and 



Ist; polishing. 



10 




12 




40 
35 


15 
60 


15 


6 


40 


55 


6 


25 


5 




4 


26 


7 


16 


23 




1 


5 


15 




8 


1 


16 


5 


7 




22 


5 


8 




30 


25 


35 


15 


2 


2 


12 


4 


2 




25 


120 


15 
10 

20 


140 



Exhaust system . 



W'indow.s: 8 side, partly open; exhaust 

system for machines. 
Exhaust system for 28 machines 

Windows: 3 front, 3 rear, 5 side, open; 

exhaust system for machines. 
Windows: 7 front, 1 rear, open 



Windows: 11 S., 11 N., 6 E., 2 W., 
some slightly open; 4 roof openings; 
exhaust system for grinding ma- 
chines. 

Windows: 3 front, 3 rear, 5 side; 1 
door; door and wmdows partly 
open; exhaust system for grinding 
machines. 

5 machines connected to 18* fan; 10 
wet grinders connected to 14' fan 

Windows: 2, partly open 



Windows: 3 N., 5 E., 4 W.; door: 1 
W.; windows and door open; 4 pol- 
ishing machines and wet (frilling ma- 
chines connected to exhaust system. 

Windows: 6 S., 2 W., 2 E., all open; 
exhaust system for all machmes. 

Wmdows: 1 S., 5 E., 4 W., 6 entirely 
open; exhaust system for all ma- 
chines. 

Windows: 3 rear, 4 side; 1 door; all 
open; exhaust system for all ma- 
chines. 

Exhaust system for 18 machines 



Windows: 3 N., 1 S., 3 E., 4 W.; 1 

door; all open; exhaust system for 

3 machines. 
Windows: 24, tliree-quartcrs open; 

exhaust system for 42 machines 

(mcluding 19 drillers). 
Windows: 5 open; exhaust system for 

28 machines. 
Exhaust system for 105 machines. 

Windows: 2 rear, 4 side; 2 rear win- 
dows open; exhaust system for all 
machines. 

Windows: 2 rear, 4 side; 2 side win 
dows open; exhaust system for all 
machines. 

Windows: 20 N., 17 S., slightly open; 
exhaust system for 105 machines. 

Windows: 9 E., 20 W.. louvered 

Windows: 9 front (office), 8 side and 
rear, open; two 24* exhaust fans. 

24* fan in window 



74 


80 


74 


79 


78 
78 


80 
79 


74 


76 


73 


72 


68 


70 


67 


76 


67 


72 



67 



69 



62 

73 
62 



57 
57 

48 

48 

55 

55 
55 

55 



78 



78 



69 


75 


69 


75 


61 


67 


61 


70 



74 

71 

71 



62 
64 

62 

6.') 

72 
63 



67 



• Not observed. 



Eeport of the Commissioner of Labor, I&IO. 107 
CERTAIN FACTORIES, lO-lO — (Continued). 



HuMXDnr. 



Out- 
doon. 



In. 
doors. 



RmuLTU or Air Akalysls. 



Parts 
of CO, 

in 
10.000 
vol- 
umes. 



Parts of 
ammonia 

1.000,000 
vol- 
umes. 



Grams 
of oxidiz- 

able 

organic 

matter in 

1.000.000 

uters of 

air< 



Grains 
of solids 

in 

1.000,000 

liters of 

:iir. 



Num- 
ber of 
colonies 

of 

bacteria 

per liter 

of air. 



Num- 
ber of 
moulds 
per liter 
of air. 



Remarks. 
[Including notation of artificial light 
or heatmg in URe; and any fumes, 
odors (H* gases observed.] 



S4 
84 

68 

68 

61 

76 
84 
87 
87 

87 

60 

60 
60 

64 

64 

73 

76 
73 



50 
50 
40 

40 

70 

70 
70 

70 
tTrwe. 



76 


6 


82 


7 


65 
67 


7 
8 


60 


14 


75 


7 


87 


8 


80 


8 


83 


7J 


79 


7 


64 


8 


78 




69 


7 


70 


8 


71 


10 


75 


6 


69 


6 


74 


6 


• • • • 


6 


50 


7 


61 


6 


62 


6 


71 


6 


70 


10 


70 
66 


12 
8 


64 






t 

1.5 

1.0 
1.0 

2.0 

0.5 

2.0 

1.5 

1.0 

2.0 



1.0 

t 

1.0 
1.0 



t 
t 



t 

« 
3.0 



t 

1.9 
0.9 

t 



0.89 


50.0 


6 





1.30 


49.0 


7 





0.96 
1.60 


40.0 
62.0 


7 
5 


7 
3 


2.60 


83.1 


17 


8 


0.41 


54.0 


4 


6 


0.82 


95.0 


15 


5 


6.20 


150.0 


14 


5 


0.42 


32.0 


10 


1 


0.80 


93.0 


12 


5 


3.80 


75.0 


4 


2 


8.10 


47.2 


9 


3 


1.20 


220 


3 





0.50 


12.0 


4 


1 


1.53 


16.0 


9 





0.47 


14.0 


3 





0.96 


39.5 


4 





1.30 


69.1 


4 





1.16 


10.0 


9 





52 


29.0 


4 





'* 


« 


* 


* 


1.20 


30.0 


11 


6 


6.10 


42.0 


9 


10 


0.44 


5.2 


6 


1 


2.30 
0.71 


26.1 
19.5 


8 
3 


2 
4 


• 


• 


• 


* 



Wood floor; place dusty; 3 machine' 
^ not connected with exhuust system. 
No exhaust system for 3 ma chines. 

Acid fumes (HCl). 



Wood floor; place gloomy; gas lights. 

Cement floor; place clean; no exhaust 

system for 22 small drillmg machines. 

Wood floor; place dusty; acid fumes 

(HGl)' machines very dose together. 

Wood floor; wet grinding; very dusty. 

Exhaust system not effective; place 
dusty. 



Wood floor; place dusty and doomy; 
machines dose together; acid fumes 
(HCl). 

Odor of gasoline and oil from endne- 
room below responsible for nigh 
organic matter. 

Gas engine in other part of room; 
odor of gasolint. 

No exhaust system for 5 drilling ma- 
chines; gasoline engine. 



Wood floor: gasoline engine. 
Wood floor; gasoline engine. 

Wood floor; gasoline engme. 

No exhaust system for 5 machines. 

Exhaust system for 5 wet drilling 
machines not in use; gasoline en- 
gine. 



No exhaust system for 15 wet drilling 

machines. 
No exhaust system for 7 wet drilling 

machines. 
Shop is addition to rear of dwelling; 

machines very close together; 

workers crowded. 
Acid fumes (HCl). 

Place dusty; no exhaust system for 7 
wet drilUng machines. 

Acid fumes (HQ). 



108 



JS^EW YoEK State Department of Labor. 



RESULTS OF AIR ANALYSES IN 



No. 

of 

plant. 



Date and 
weather. 



Floor of building and 
process in room. 



Number or 
Emplotkes. 



Male. 



Fe- 
male. 



Me^ns or Ventilation. 



Temperature 
(Fahrenheit). 



Out- 
doors. 



In- 
doors. 



29 
30 



31 
32 



May 18; 
clear. 

May 2; 
cloudy. 



May 2; 

cloudy. 

Nov. 10-11, 
1909; clear. 



1st; drilling 

2nd; sorting and 

counting. 
Ist; grinding 

2nd; finishing 



PEARL BUTTONS— (Conduded), 



2nd: finishing (new 
mUl). 

3rd; sorting 



Ist; sorting 

2nd; drilling and fin- 
ishing. 
Oell'ir; polishing 



33 



April 14; 
clear. 



3rd; finishing. 



3rd; polishing. 



25 
1 

24 

47 
12 




8 
20 

12 
15 



9 
42 

90 

25 
15 

15 



10 



Exhaust S3'stem for all machines 

Windows: 11 S., 10 N., 6 E.; 1 door; 

all partly open. 
Door open; exhaust system for 26 

grindmg machines. 
Windows: 4; and door slightly open; 

exhaust system for all machines. 
Windows: 14 E., 6 S.. 3 W.; 2 doors; 

all slightly open; exha'ist system 

for all machines. 
Windows: 17 E., 2 W., 4 N.; 1 door, 

E.; some phrtly open; 2 sk> lights. 
Windows: 5 S., 9 N., slightly open . . 
Exhaust system for 10 finishing ma- 
chines. 
Few windows open; exhaust system 

for pearl button machines. 



Windows: 8 ade, partly open; ex- 
haust system for machines. 



67 
ti3 

65 

78 
72 

70 

71 
68 

68 



71 



April 5; 
partly 
cloudy. 



April 12; 
partly 
cloudy. 



5th (rear). 



5th (center). 
5th (front). 



April 15; 
cloudy. 



April 19; 
cloudy. 



10th (center^. 
10th (front).. 



MISCELLANEOUS INDUSTRIES. 
Knit Goods. 



10 



40 



Windows open: 7 front, 4 rear, 7 side . 



Artificial Flowehs. 



145 



Windows: 7 front, 4 rear, 7 side; 
doors: 2 rear, open. 



ClQABS. 



April 14; I 3rd (center); rolling..) 8 | 4 | Windows: 2 front, 4 rear, open, 
clear. 



Brass Goods. 



2nd; buffing. 



18 



Windows: 4 front, 4 rear; coke ovens 
hooded ; 2 windows in buffing room 
open. 



Stationery. 



3rd; engraving. 



20 



Wmdows: 3 front, 3 rear. 



74 



74 
74 



57 
57 

68 
74 



61 



78 



76 
75 



70 
70 

72 
75 



68 



* Not observed. f Trace. 



Report of the Commissioner of Labor, 1910. 109 
CERTAIN FACTORIES^ 1910 — (Continued). 



Humidity. 



Out- 
doora. 



In- 
doors. 



Parts 
ofOOa 

in 
10,000 
vol- 
umes. 



Hesultb or Air Analtsls. 



lEarts of 
nmmonia 

1.000,000 
vol- 
umes. 



Grams 
of oxidiz- 
4 able r 

organic 
matter in 
1,000.000 

Uters of i 
air. 



'^Grams 
of solids 

in 

1,000,000 

liters of 

air. 



Num- 
ber of 
colonies 
of / 
bacteria 
per liter 
of air. 



Num- 
ber of 
mo';lds 
per liter 
of air. 



Remarks. 
[Including notation of artiiidal light 
or heatmg in use; and any fumes, 
^ odors.or Kaaes.observed.] 



60 
59 

68 

79 

69 

57 

62 
56 

51 



62 



6 
6 

10 

13 

8 

6 

7 
6i 

9 



14 



t 
t 


7.30 
3.79 


2.5 


2.30 


4.2 


9.60 


2.6 


3.60 


0.5 


1.20 


1.5 
0.5 


4.80 
2.30 


* 


* 


» 


 


* 


« 



291.0 
145.0 

165.0 

20.0 

72.5 

82.5 

^5.0 
87.0 



IS 
9 






13 


5 


28 


10 


10 


2 


5 





4 
3 






* 


* 


« 


* 


* 


* 



Windows closed; place very dusty; 

steam heat. 
Floor wood; place close but clean; 

steam heat. 
Steam heat. 



Floor wood; place dusty; steam heat. 

Wood floor; place dusty; steam heat. 
Wood flow; place clean. 

No exhaust system for two machines 
using gas; both pearl and vegetable 
ivory buttons inade in same build- 
ing; steam heat; Department had 
no laboratwy facilities at this time. 

Odor from machines nsing gaa; steam 
heat; Department Lad no kbora- 
tory facilities at this time. 

Department had no laboratory facili- 
ties at this time. 



82 


78 


9 


1.5 


13.20 


55.0 


10 


2 


82 
82 


78 
78 


:io 

8 


1.5 
1.5 


10.80 
13.30 


60.0 
54.0 







Electric lights; microscopic examiua- 
tion showed cotton fibres, skin, 
epithelial cells. 

f Wooden floors, clean; electric lights. 



46 
46 



62 
62 



9 I 
9 ! 



0.2 
0.0 



1.50 
1.30 



23.0 
21.0 



8 



I Welsbach lights; wooden floo 
I clean; alcohol odor. 



rs 



55 I 70 



10 



4.0 



T6.00 



110.0 



Electric lights; tobacco odor. 



61 



58 


12 


0.3 


5.00 


500.0 


35 
1 


10 



Lacquer odor; smoke; hoods of coke 
ovens and buffing wheels not con- 
nected with exhaust system; 3 coke 
furnaces in^ main room; buffing- 
room partitioned^off; wood floors, 
dirty. 



91 1 85 



8 I 



t 



t Some staphylocd present. 



4.00 



10.0 1 



Turpentine odor; small amount of 
bronze powder used in some cases 
for dusting; wood floors, clean; 
Welsbach lights. 



110 



New Yokk State Department of Labor. 



RESULTS OF AIR ANALYSES IN 



No. 

of 

plant. 



Date and 
weather. 



Floor of building and 
process in room. 



Number of 
Empu)tebs. 



Male. 



Fe- 
male. 



I 



Means of Ve.vtil\tion. 



Tempeuaturk 
(Fahrenheit). 



Out- 
doon. 



April 20; 
partly 
cloudy. 



June 7; 
clear. 



8 



10 



111 



July 12; 
partly 
cloudy. 



Sept. 6; 
partly 
cloudy. 



Sept. 8; 
partly 
cloudy. 



Sept. IS. 
partly 
cloudy. 



MISCELLANEOUS INDUSTRIES- (ConrfwW). 
Frinting. 



5th; linotype compos- 
ing. 

5th; monotyp? casting 



Ist; wejiving. 



11 
3 



Windows: 13, 6 partly open; linotype 
machines hooded and piped, and 
connected to 12^ fan in roof. 

Windows: 3 



2nd; spinning. 
2nd; carding. . 



Ist; plate forming. 



2nd (center) 
2nd (rear) . . 



2d (center) 



4th (center). 



Cotton Goodp. 



10 


14 


10 


12 


10 





Windows: 38 side, 2 end, some open . 

Windows: 39 side, 4 end, some open . 
Windows: 38 side, 2 end, some open . 



Mica Products. 



16 



Windows: 19 side; large opening to 
other room. 



Bronze Pomjer. 



18 



Windows: 4 front, 6 rear. 



Woolen Rao Sortinq. 



30 



Windows: 3 front, 3 rear, partly open 



Coats. 



17 



Windows: 3 front, ?. rear, slighty 
opsn. 



58 
58 



79 



82 

82 



74 



72 



In- 
doors. 



67 
65 

72 

80 
72 

77 



78 
78 



77 



79 



Report of the Commissioner of Labor, 1910. 11'!^ 
CERTAIN FACTORIES, 1910* — (Concluded). 



Humidity. 



Out- 
doors. 



In- 
doors. 



Results of Air Analysis. 



Parts 
ofCOa 

in 
10,000 
vol- 
umes. 



Parti? of 
ammonia 

in 
1,000,000 
vol- 
umes. 



Grams 
of oxidiz- 

able 

organic 

matter in 

1,000,000 

liters of 

air. 



Grams 
of solids 

in 

1,000,000 

liters of 

air. 



Num- 
ber of 
colonies 

of 

bacteria 

per liter 

of air. 



Num- 
ber of 
moulds 
per liter 
of air. 



Remarks. 
[Including notation of artificial light 
or heating in use; and any fumea, 
odors or gases observed.] 



72 

72 



63 
68 


9 

7 


t 

t 


0.43 
0.30 


11.0 

7.8 


3 





Wood floor, dean. 



83 


6 


t 


0.88 


28.0 


15 






60 
83 


7 
7 


1 


1.23 
1.20 


52.0 
55.0 


4 
10 


• 


 



Artificial humidification in all rooms; 
air in all rooms filled with lint; 
workers in 3piimmg-room in bare, 
feet; floors in carding-room wood; 
constantly swept; wwkers clean. 



49 52 



t 



3.80 



28.0 



.Vricroscop3 showed mica plaques 
analysis showed O.l gram alcoho 

Ser cubic meter of air; concrete 
oor, clean. 



86 
8fl 


79 

79 


00 00 


t 
t 


0.50 
0.38 


72.0 
70.0 


1 


8 


1 Wood floor; place slightly d'lsty. 


72 


50 


6 


0.5 


0.42 


20.0 


6 


4 


Wood floor, clean. 


50 


70 


14 


3.0 


1.40 


23.0 


270 


4. 


Wood floor, very dirty and unsani- 
tary. 



t Tmce. 



112 New Yoek State Department of Labor. 

(C) Report of the Tunnel Inspector. 

Hon. John Williams, 

Commissioner of Labor, Albany, N. Y. 

Sir: I hereby submit my annual report for the year ended 
September 30, 1910. 

As usual, each contract was visited every three months or as 
near thereto as possible, allowing for two inspections and two ob- 
servations during the year ; but an assignment to factory inspec- 
tion duty for the first three and one-half months of the fiscal year 
curtailed the visits to but three to each contract. 

The total number of tunnels or sections of tunnels under super- 
vision amounted to 49, together with two compressed air caisson 
contracts contahnng 127 caissons. The highest air pressure under 
which men worked was 46 pounds per square inch on caisson work 
for the Municipal Building foundations in New York City. Men 
worked in this pressure in three forty-minute shifts with a three- 
hour intermission out of twenty-four hours. Caisson work was 
carried on only in New York City and was for the purpose of 
building foundations. One other contract in the State using com- 
pressed air was located in Buffalo — the water supply tunnel 
under Lake Erie. 

It is gratifying to note that practically every conceivable pre- 
caution had been taken on compressed air work for the safety and 
comfort of the men, without waiting for official orders from this 
Department. Could any further suggestions have been made, I 
am certain that these several contractors would have been only 
too willing to comply with them. 

The other class of work — subterranean — for the greatest part 
consisted of tunnels, forming portions of the Cat^kill Aqueduct, 
from the Catskill Mountains to New York City. It was upon this 
work that two new American records for driving one-heading rock 
tunnels were established, that three different methods of driving 
rock tunnel were in use and that several innovations were intro- 
duced in timbering treacherous rock. 

During the month of October, 1909, at shaft No. 7 of tne 
Kondout Siphon, the south heading was advanced 488^ feet. This 
was claimed to be a record run at that time for a rock tunnel of 



Keport of the Commissiojjeb of Labor, I&IO. 113 

that size (17^ feet). Again, during the month of September, 
1910, at shaft No. 3 of the Wallkill Siphon, this record was 
eclipsed by advancing the north heading 523 feet for the same size 
tunnel. This kind of work is carried on both day and night, the 
men working in three eight-hour shifts. 

Of the various methods of driving rock tunnel, the one most fre- 
quently used in the large tunnels and by means of which the new 
records were made, is to dirive a top heading and follow along with 
the bench as near to the top heading as convenient. 

Another method used bv several tunnels, where shafts are not 
necessary, is to hole through from end to end the top heading and 
then take out the bottom. This method is fast, quite safe for the 
men, and when holed through offers good, natural ventilation in 
which the remainder of the work may be carried on. 

One tunnel, working from two portals, is being driven by 
carrying along a bottom heading and taking the rock out from atop 
of a timbered platform, dropping excavated rock to cars below by 
means of chutes. This method is quite safe for men. 

In one tunnel, where extensive timbering was necessary, a form 
of " steel timber " has been introduced, steel taking the place of 
the timber. This steel remains in place when tunnel is lined with 
concrete, whereas the timbers would have to be removed before 
lining with concrete. This naturally tends toward greater safety, 
as the treacherous rock might give way when removing timbers 
before concreting. 

A similar method- has been resorfed to in shaft timbering at 
Storm King, where the aqueduct will cross under the Hudson 
River. At present the shafts there are down about 900 feet and 
will have to go down farther.* It was found that, due to the 
enormous pressure upon the unsupported rock at that depth, the 
least fault in the rock would cause occasional breakings and con- 
sequently a fall of rock upon men working below. Timber here 
would have to be taken out when concreting the shaft, thus per- 
haps causing many breaks. Steel, making a stronger and safer 
support, has supplanted timber here, and will not have to be taken 
out when shaft is to be concreted. 

There were employed on tunnel work during the fiscal year 
8,190 men, only 450 of this number working in compressed air. 



114 New York State Department of Labor. 

Accidents reported to the bureau amounted to 817, with 4:9 fatali- 
ties. In comparison to the previous year the ratio of accidents to 
number of men has not decreased to any extent, and the fatalities 
have unfortunately increased. For the greater part the fatalities 
were due to powder explosion in one form or another, and can be 
attribued directly to the carelessness in handling of explosives by 
one. man — that apparently unconscious carelessness acquired by 
men working in hazardous occupations. 

In all, tunnels that when completed would aggregate thirty- 
se\'en miles, were in the course of construction during the past 
year, and as much or moire will be working during the coming year. 

Respectfully submitted, 

(Signed) Gustav Verner^ 

yr.''^" Tunnel Inspector, 



Repoet of the Commissioner of Labob, 1910. 115 



STATISTICS OF TUNNELS INSPECTED, 1910. 



Location and Purpose 
OF Tunnels. 



Buffalo. 
Water intake 



New York City. 
Railroad 



Building foundations. 
Shaft and station 



Shaft and station , 



RaihtNid. 



Building foundations 

Sewer (Bronx Borough) . . 

Niagara FaUs. 

Sewer 

Sewer 

Shaft and foot passage 

Orange Countt. 
New Windsorand ComwaU. 
Aqueduct 




City of Buffalo. 



Hudson A Bfanhattan R. R, 

Co 

Manhattan Trust Co 

aty of New York 

atyof New York 



aty of New York. 

atyof New York, 
atyof New York. 



Aqueduct. 



Comwcdl. 



Putnam Countt. 
PhiUipBtown, 

Aqueduct 

Aqueduct 

Aqueduct 

Aqueduct 



aty of Niagara Falls, 
aty of Niagara Falls. 
State of New York.. 



aty of New York, 
atyof New York. 



aty of New York, 
atyof New York, 
aty of New York, 
aty of New York. 



Putnam VaUey. 
Aqueduct 



I 



Ulster Countt. 
MarUetown. 
Aqueduct 



MarbUtown-New PaUz. 
Aqueduct 



New PalU-Gardenier. 
Aqueduct 



Sewer. 



KingtUm. 



Westchester Countt. 
Yorktown. 

Aqueduct 

Aqueduct 

Aqueduct 



New CasOe-Mt. Pleasant. 
Aqueduct 

W* Ml Pleasant. 1*^ 
j^queduct 



atyof New York. 

atyof New York, 
atyof New York, 
aty of New York, 
atyof New York. 



atyof New York. 
Cityof New York. 
City of New York. 



City'of NewLYork f 

aty of New York 



Contractor or constructor. 



Buffalo Dredging Co. 



Degnon Contracting Co 

Foundation Co. of America . . 

Rapid Transit Subway Con- 
struction Co 

Rapid Transit Subway Con- 
struction Co 

Bradley Contracting Co. . . . ' 

Degnon Contracting Co 

Cranf ord Co , 

Foundation Co. of America . . 

McDonald &, Barrey 



Reed & Coddington . 
Reed A Coddington . 
Chas. E. Frnaer 






■si 
a 



Mason &, Hanger Co . 



Board of Water Supply, New 
X orK m V jr ••••««•••« 



Dravo Contracting Co. 

Patterson A Co 

A. E. Everett & Co... 
Hicks ft Johnson Co. . 



John W. McReynolds . 



H. L. Eerbaugh 1 



2 



1 
11* 

1 



5a 

116* 
la 



16 

1 

16 



a 



M 



» A 



300 



2 
1 
1 
1 



T. A. Gillespie Co. 



Degnon Contracting Co. 



Eing, Rice ft Ganey . 



Glyndon Contracting Co — 

Bradley Contracting Co 

Chas. W. Blakeslee ft Sons. 



Rinehart ft Dennis . 
TC.*M.»Bolton ftlCo. 



I John C. Rodgers ft Sons. 



2 
2 
2 



8 



aoo 

50 

200 

75 

• • • • 

100 

• • • • 

'35 

• • • • 

1,000 
200 



250 

30 

425 



135 

200 
1.500 
1,400 

100 



375 
300 
175 



405 



Number 


or 


— 


Inspections 


1 

1' 




2 




2 




1 




2 




2 


• • • • 


9 




2 


 • •  


3 


• • •  


1 
1 


• • • • 


1 


\ 


3 



1 I .... 



idaMiiBMM^^Kbi 



2 
2 
2 



1 
2 
2 
2 



4 

4 
2 



2 



1 
1 
1 
1 



2 
4 
4 

1 



3 
4 
2 



3 



* Cal«ions. 



a Completed in February, lOlOi 



6 Completed in April/.lOlOi 



116 



New York State Depabtment of Labor. 



STATISTICS OF TUNNELS INSPECTED, 1910 — (Cmtinued). 



Location and Purpose 
of tunnelb. 



Mt. Pleeuant-Greenburgh. 
Aqueduct 



Yonkers. 



Aqueduct. 
Aqueduct. 
Sewer 



Total. 



Owner. 



atyof New York. 



aty of New York 

City of New York 

County of Westchester. 



Contractor or constructor. 



Pittsburg Contracting Co. 



Geo. W. Jackson 

Dravo Contracting Co 

American Pipe and Construc- 
tion Co. 



9 a 
■** o 



1 

2 

2 

« 



p. 
§ 



a 

5z; 



225 
15Q 

200 



8.190 



Number 

OF — 



m 

a 
o 

o 

m 

(3 



42 



BO 

c 
o 

& 
I 



3 
4 

3 

76 



'49 tunnels, 127 catasons. 



APPENDIX III. 

GENERAL REPORT OF BUREAU OF MEDIATION AND 

ARBITRATION. 

Hon. John Williams, 

Commissioner of Labor, Albany, N. Y. 

Sir : — The following is a summary report of the Bureau of Me- 
diation and Arbitration, together with a review of general indus- 
trial conditions as reflected by the relations between employer and 
employed for the fiscal year ending September 30, 1910, including 
comparative taibles between this and previous years. 

Comparison of Disputes, 1909-10. 

1909. 1910. 

Number of strikes and lockouts 176 246 

(directly 52,599 170,400 

Employees involved | indirectly 14,579 19,19V 

Aggregate days of working time lost *1,068,198 15,595,384 

t 

« 

Number of Disputes. 

/ -^ . 

Principal Cause or Object. . 1909. 1910. 

Increase in wages 84 134 

Reduction in wages 8 5 

Shorter hours 5 14 

Longer hours 1 2 

Trade unionism 45 '37 

Particular persons 9 18 

Working arrangements 13 28 

Payment of wages ; 2 3 

SympaUietic 3 4 

Miscellaneous 6 1 



-r- 



The year 1910 has been prominent in industrial history for its 
large number of strikes and lockouts, many of them involving un- 
usually large numbers of employees, and the great loss of working 
time occasioned thereby. The number of strikes recorded was but 
little below the record for 1907 and in magnitude they far ex- 
ceeded those in any other year in the last decade. More than 
three times as many workmen were engaged in labor disputes and 
the time lost by them amounted to more than five times thef amount 
lost in 1909. During the year ended September 30, 1910, five 

* To the end of all disputes, 
t To September 30, 1910. 



118 'Nbw York State Department of Labor. 

and A half million working days were lost by workmen partici- 
pating in or thrown out of work on account of industrial disputes. 
Last year the amount was only 1,008,108 days. In 1903, the 
year of the great building trades disputes in New York City, the 
lost time for the year was 4,150,044 days. 

Using the number of working days lost as the basis for a com- 
parison of the importance of disputes, because it takes into con- 
sideration both the number of employees involved and the duration 
of a dispute, it is found that disputes were considerably more im- 
portant as well as more numerous this year than in 1909. The 
leading dispute was the strike of cloak makers in New York City, 
which is remarkable both for the unusual number of participants 
and for the aggregate working days lost, as it involved 70,000 em- 
ployees and lasted eight weeks. This one dispute included more 
workmen than all the disputes of 1909 and was about four times 
as extensive in time lost by those on strike. Another, dispute, 
that of shirt-waist makers, also in New York City, involved 25,000 
employees and a loss of 664,000 days. Six other 4isputes of this 
year are measured by a loss of more than 100,000 days each, 
whereas last y^ar there were only two as large. Thirty disputes 
altogether are included in a list of those having caused a loss of 
10,000 days or more apiece. Last year there were 19. These- 
30 disputes include 95 per cent of the aggregate time lost in all 
disputes of the year, while the 19 of last year accounted for 82 
per cent of the aggregate. The localities affected by the largest 
disputes were New York City, the International Paper Company's 
mills in seven cities and villages, Rochester, Buffalo, Syracuse, 
Schenectady, Jamestown and the lines of the Delaware and Hud- 
son Eailroad. 

New York City was the scene of twenty of the principal disputes 
and of one-third of all disputes of the year. But the relative 
importance of the metropolis as a center of industrial disturbances 
is more clearly shown in the amount of time lost. Nine-tenths of 
the aggregate loss in working days occurred through strikes in 
New York City. 

Among the various divisions of industry the building industry 
was as usual the most conspicuous for frequency of strikes. One- 
third of the year's disputes occurred in construction or repair 



ReI»oet of the Commissioner of Labor, IWO. 119 

work, all of which is classed as building. Most of the industry 
groups show an increase over last year in number of disputes, the 
largest increases being in the metal, the building and the paper- 
making industries. The clothing trade was an exception to this 
rule, having fewer disputes than last year. But in the classifica- 
tion according to workpeople involved the working days lost, the 
clothing manufacturers have headed the list for the last three 
years and this year are far ahead of the rest owing to thp big 
strikes of clothing workers. 

Arranged according to importance in working days lost, the ten 
principal industries affected by disputes rank in the following 
order: clothing; building; food, liquors and tobacco; metals and 
machines; paper and pulp; textiles; leather and rubber goods; 
transportation and communication; stone and clay; wood manu- 
factures. The most notable increases over last year appear in the 
textile, paper, clothing, building, and food industries respectively. 
Two industries show decreases in the importance of disputes, 
namely, the stone and clay industry and wood manufactures. The 
printing industry, in which there were no strikes recorded last 
year, report^ two in 1910, but both were quite unimportant. 

The added restlessness of the employed classes during a period 
of industrial prosperity was demonstrated this year by the greater 
frequency of strikes for certain objects, as follows: advance of 
wages, reduction of hours, improved working conditions and em- 
ployment of persons preferred by the working men and women. 
Strikes for advance of wages, always more numerous than for any 
other cause, were this year more than for all other causes com- 
bined. The strikes resulted more frequently in compromises than in 
absolute gains for either the employers or the workmen. Trade 
unionism, although the original cause for fewer strikes than last 
year, was the main contention of more than half the participants 
in the entire number. It also entered into many disputes classed 
under some other cause, the demand for union recognition being 
often added to the primary object of the strike. Twice as many 
strikes were recorded this year which had for their object the 
shortening of hours of labor, the employment or discharge of par- 
ticular persons or the regulation of working conditions. 



120 Kew York State Depabtment of LaboiC. 

liesults of disputes show that 85 per cent of the workmen in- 
volved were either entirely or partly successful. Although the 
employers won 40 per cent of the disputes, the number of em- 
ployees thus defeated was but little more then ten per cent of the 
whole number participating in strikes. The conclusion to be 
drawn is that the disputes won by employers were those involving 
small nimibers of workmen and that the more important disputes 
were won by the workmeru In fact, the average number of em- 
ployees to a dispute is less than 200 in strikes won by employers 
and over 1,000 in those which resulted favorably to the workmen. 
A large number of compromises were made and principally in 
those strikes having for their object increase of wages, reduction 
of hours or changes in working arrangements. Compromises were 
quite rare in strikes concerning trade unionism. 

In the settlement of disputes, the method most frequently suc- 
cessful is that of direct negotiations between the parties. About 
half of the disputes of 1910 were settled in this manner, which is 
a higher proportion than last year. Those disputes in which the 
parties refused to negotiate with each other were usually termi- 
nated only by the unconditional surrender of the strikers and their 
return to work on the employers' terms, or by their displacement 
w:ith new employees, which generally brings a disadvantage to the 
employers as well as utter defeat for the strikers. 

Only three disputes were settled by arbitration, but mediation 
by outside parties or by representatives of the bureau resulted in 
settlement of more disputes than last year. One public investi- 
gation into the causes of a dispute was made by the State Board 
of Mediation and Arbitration. This was the strike of paper mak- 
ers, which was among the five most important strikes of the year 
and was adjusted through the efforts of the board. The bureau 
intervened during the year in ninety-two disputes, more than one- 
tiiird of the entire number. These included nearly all the more 
impoiltant disputes, with frequently two or three separate inter- 
ventions in a single dispute. Intervention by the state mediators 
generally took the form of conciliatory methods, the object being 
to bring the disputants into the way of treating with each other 
by means of conferences in which both sides should have fair 
hearing and opportunity for mutual concessions. Three times as 



Repobt of the Gommissionbb of Laboe, I&IO. 121 

many requestes for intervention were received this year as in 
1909. Several requests were made after the failure of the initial 
intervention to effect a settlement. The number of settlements re- 
sulting from the bureau's efforts was about one-fourth of the num- 
ber of interventions, which is nearly the same proportion as in 
1909 and 1908. 

More than one hundred trade or industrial agreements were 
filed during the year with the bureau. One-quarter of these were 
comprised in the building trades, nearly as many in the trans- 
portation industries and ten or more apiece in the food, clothing 
and metal trades. Six other industries are represented in the re- 
maining agreements. Fewer of this year's agreements than of last 
contains a " closed shop " clause or an expression of preference 
for union employees but more contain an arbitration clause, that 
is, provision for settlement of disputes by arbitration or some 
other prescribed method. The latter clause, is found in more than 
haK the agreements and in nearly all of those in the transportation 
trades. Sixty per cent of all the agreements received were entered 
into at the culmination of peaceful collective bargaining, while 
the other forty per cent were signed at the termination of strikes. 

Comparison or Interventions, 1909^10. 

1909. 1910. 

Number of disputes in which intervention occnrred 77 92 

Total number of Interventions, including second and third efforts. 82 107 

Number of requests received for first intervention * . . . . 8 15 

Number of request** for second or third intervention 9 

Number of disputes in which intervention was successful 19 22 

Number of disputes in which intervention was unsuccessful 58 70 

Number of interventions before strikes 8 10 

Whole number of conferences arranged 26 36 

Number of disputes settled by mediation 5 8 

List of Disputes in which Intervention Occurred. 
October 1, 1909-8eptemher 30, 1910. 

.Locality. Trade involved. Date of strike. 

Albany Electrical workers* May 2, 1910 

Knitters Oct 1, 1909 

Metal poIishersS March 21, 1910 

Molders Jan. 10, 1910 

Motormen and conductors May 27, 1910 

Painters March 18, 1910 

Photo-engravers* Oct. 7, 1909 

Buffalo Building laborers May 19, 1910 

Grain elevator employees Oct. 29, 1909 

Pattern makers g March 30, 1910 

Stationary firemen f June 14, 1910 

"Tailorsf May 27, 1910 



122 



New York State Department of Labor. 



Continued. 



^ List op Disputes in which Intervention occurred 

October 1, 1909'8eptemher 30, 1910. 

Locality. Trade involved. 

Coboes Shoddy workers 

Textile workers § Nov. 

D. & H. Railroad Track laborers and foremen f July 

Elmlra Motormen and conductorstf July 

Hudson Falls Taper bog workers § Aug. 

Jamestown Carpenters May 

Sheet metal workers*§ May 

Lockport Compositors! Dec. 

Mt. Vernon and Tuckahoe . . Carpenters April 

New York City Bakers Feb. 

Bakers May 

Boatmen April 

Bricklayers Sept. 

Butchers Nov. 

Butchers : Nov. 

Butchers Nov. 

Chauffeurs May 

Cloak makers* July 

Cordage workers April 

Cork cutters May 

Corset makers .' July 

Dry goods clerks* Ocf. 

Foundry laborers May 

Freight handlers May 

Garment makers Jan. 

Glass and brass workers Nov. 

Glaziers Sept. 

Housesmlths May 

Houseamiths Sept. 

Human hair workers July 

Knee pants makers Jan. 

Longshoremen July 

Masters, mates and pilots April 

Metal polishers July 

Milk wagon drivers* Jan. 

Molders April 

Molders May 

Mosaic workers* Feb. 

Neckwear makers Oct. 

Pants makers Jan. 

Fie bakers Oct. 

Plumbers' helpers May 

Pressmen May 



Date of Strike. 
May 16, 1010 
19 
2 



23 

16 

7 

17 

1 

18 

1 

2 

27 

1 

1 

12 

23 

7 

18 

14 

26 

15 

8 

7 

6 

10 

19 

25 

12 

7 

19 

27 

1 

18 

13 

27 

2 

3 

2 

22 

10 

2 

26 



Sheet metal workers July 18 

Shirt waist makers Sept. 27 

Shirt waist makers f Nov. 22 

Shirt waist makers May 13 

Steam fitters t Jan. 3 

Sugar welghersi June 30 

Sugar refinery employees March 28 

Sugar refinery employees July 7 

Sugar refinery employees July 22 

Suit case makers March 1 

Suit case makers March 30 

Tinware makers * Sept. 5 

Track laborers May 6 

Trunk makers April 3 

White goods makers? Oct. 28 

iWindow cleaners Nov. 22 



1909 
1910 
1910 
1910 
1910 
1910 
1909 
1910 
1910 
1910 
1910 
1910 
1909 
1909 
1909 
1910 
1910 
1910 
1910 
1910 
1909 
1910 
1910 
1910 
1900 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1909 
1910 
1909 
1910 
1910 
1910 
1909 
1909 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 

1909 
1909 



Eepost of thb Commissionsb of Labob^ 1910. 123 

LiBT OF Disputes in which Intbrvbntion Occurred — Gontinued. 
October 1, lQ09-8eptemher 30, 1910. 

Locality. Trade Involved. Date of Strike. 



New York State towns (7) . Paper and pulp workers March 6 

Plattsburg Machinists and otherS July 10 

Port Chester Molders Aug. 23 

Rochester Machinists April 11 

Shoe cutters* Jan. 7 

Street and sewer laborers § June 6, 

Roslyn, L. I Laborers Dec. 1 

Saratoga Springs Silk weavers and cutlers Oct 6 

Schenectady Electrical workers § June 1 

Molders' helpers May 2 

Painters* April 1 

Foundry employees Nov. 12 

Syracuse Garment workers June 1 

Troy and vicinity Coal handlers April 1 

Molders July 21 

Painters April 1 

Utica Building laborers May 2 

Westchester Co Stationary engineers May 7 

Yonkers Hod carriers June 9 

Machinists and others June 6 

Motormen and conductors June 15 



1910 
1910 
1910 
1010 
1910 
1910 
1909 
1909 
1910 
1910 
1910 
1909 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 
1910 



It seems to me the foregoing record is a fearful indication of 
present lack of method or system in dealing with the subject of 
proper adjustment or prevention of disputes between employer 
and employed; that both the percentage and amount of lost in- 
dustrial effort and energy is very nearly wanton waste and surely 
an exorbitant price to pay for a temporary truce, because we can- 
not justly call it more than that unless there be some evidence of 
change in either method or disposition or both. I regret to say 
that my observation during the past year has been that there has 
been very little of either in evidence in the industries most largely 
affected by the year's disputes. In nearly every instance in the 
larger disputes, arbitrary methods marked the inauguration and 
very often the conduct of the strike. It is only fair to say that 
usually each of the parties at direct interest were remiss in this 
respect. Thi& was particularly true in tl^e clothing disputes where 
each side set up the contention that their proposition was in fact 
an ultimatum. In other words, strikes were ordered before de- 
mands were presented on the part of employees ; when they were 
presented, the employers often refused to deal with committees, 

* IVro interventions. 

t Three interventions. 

t Threatened strike. i 

i Request for intorrentlon received. 



124 New York State Department of Labob« 

because they represented a union; some employers refused to per- 
mit their employees to hold membership in a union; some unions 
refused to work unless the employer virtually compelled all of the 
employees to join a certain union. Very few of those contentions 
have been permanently disposed of, and only await a reawakening 
of sentiment or recovery of sufficient vitality and resources to re- 
new the struggle. 

It seems to me that this could and should be avoided, and I can- 
not let this occasion pass (as it will be the last opportunity to 
officially comment on this subject) without calling most careful 
and searching attention and scrutiny to the year's experience in 
the great steam railroad industry, with special reference to 
methods and results. 

There is not sufficient space for even a comprehensive summary 
in this report but suffice it to say that, in no year in the history 
of our country have the railroad train service employees succeeded 
in securing such large increases in wages and material betterment 
of working conditions as in the year covered by this report, and 
at no time in the history of our railroads have the general rela- 
tions between the railroad managements and their employees been 
more harmonious and satisfactory to each other than the present. 

The increase in wages and betterment in working conditions 
were not only not granted voluntarily but were the subject of con- 
ference and contention for the greater part of the year, and in 
nearly every case the final adjustment was the result of an arbi- 
tration award. 

Inasmuch as this particular industrial movement was inter- 
state or almost nation-wide, I earnestly recommend that yourself 
and other commissioners of labor urge the Federal Department 
to provide a comprehensive history of it, for the educational value 
it will have to those who have not yet realized the wisdom of 
applying reason before resorting to force, or who do not yet under- 
stand that a fair contention does not lose its potency through pub- 
licity or discussion. The movement inaugurated last year, having 
for its object cooperation and the promotion of uniform methods 
between the separate states and the Federal Department dealing 
with the subject of labor disputes, seems to be at a standstill. I 
very much regret this condition and recommend that every reason- 



REPOEf Otr tflB COMMISSIOJTBB OP Labo16, I&IO. 125 

able effort be made to revive interest in this subject, which seems 
to me to be more necessary with each succeeding year. 

As you know, this report terminates my connection with this 
service. Therefore, I am leaving reconmiendations relating 
directly to the bureau to my successor, only taking the liberty to 
say that, compared with other years, I believe this has been a year 
of progress, and compared with other states, we are justified in 
the statement that the efforts and achievements of this bureau to- 
ward industrial peace were second to none, and it is only justice 
to add that whatever success we have had in improving the 
efficiency or increasing the volume of our work has been due to 
the character, loyalty and capiacity of the bureau staff, together 
with your hearty cooperation. 

Respectfully submitted, 

(Signed) John Lundeiqan, 
Second Deputy Commissioner and Chief Mediator. 



APPENDIX IV. 

GENERAL REPORT OF BiUREAU OF MERCANTILE 

INSPECTION. 

Hon. John Williams, 

Commissioner of Labor, Albany, N. Y. 

Sib. — The following tables show with some detail the work of 
the Bureau of Mercantile Inspection for tho year ended Septem- 
ber 30, 1909. 

1. WORK OF DEPUTY MERCANTILK INSPECTORS. 

1910. 



New York Total, 

Re^lar inspections : . City. Buffalo. Rochester Total. 1900. 

Mercantile 3,511 672 365 4,548 6,543 

Office 91 25 17 133 176 

Hotel 6 2 8 18 



3,608 699 382 4,689 6,737 



k- 



Special inspections : 

Mercantile 452 45 39 

Office 1 9 

Hotel 1 



536 


592 


10 


4 


1 


2 



453 55 39 547 398 



*- 



Obseryations : 

Mercantile 3,265 

Office 56 

Hotel 5 



867 


224 


4,356 


5,013 


24 


1 


81 


302 


8 


1 


14 


153 



3,326 899 226 4,451 5,468 



Investigations : 

Complaints 123 16 10 149 204 

Compliances (number of estab- 
-iishments) 1,509 151 171 . 1,831 3,887 



1,632 167 181 1,980 4,091 



*- 



lYoMCutions begiint 394 50 11 455 376 



t 



t See detailed table of prosecutions below. 



ESPOKT OP THE CoMMlSSlOJTUft Ot LaBOE, 1910. 127 



2. CHILDREN FOUND IN MERCANTILE ESTABLISHMENTS. 



14 TO 16 Years op Age 
Employed — 



Legally. 

A 



New York City 



Boys. 
797 



Girls. 
847 



/ 

Boys 

937 



Illegally. 

* . 



Girls. 
142 



Under 14 
iYears. 
(illegally 
employed). 

A 



Boys. 
381 



Girls. 
13 



Bronx .... 33 

Brooklyn 74 

Manhattan .... 690 

Queens 

Richmond * 

Buflfalo 476 

Rochester 71 

Total 1,344 



73 


132 


8 


84 


150 


158 


44 


75 


624 


634 


89 


214 


• • • 


13 


1 


4 
4 


136 


230 


28 


119 


134 


294 


29 


191 



2 
2 
9 



4 
3 



1,117 1,461 



199 



691 



20 



I'otal 
under 

16. 

3,117 

332 

503 

2,260 

18 

4 

993 
722 

4,832 



3. ORDERS ISSUED BY BUREAU OF MERCANTILE INSPECTION. 

Orders. Orders Compliances 

[With reference to section of Labor Law violated.] issued. reported. 

I. Administration. 

Post Law (§ 173) 1 

Keep employment certificates in separate file (§ 167) 1 

Keep register of children employed (§ 167) 58 

II. Sanitation. 

Allow forty-five minutes for noonday meal (§ 161) 45 

Provide water-closet (§ 168) ^ 485 

Provide separate water-closets (| 168) 131 

Designate water-closets (§ 168) 69 

Clean water-closets (§ 168) 376 

Ventilate water-closet (§ 168) 132 

Paint water-closet (§ 168) 31 

Light water-closet (§ 168) 148 

Remove obscene writing and marking from water-closets 

(§ 168) 74 

Screen' water-closet (§ 168) 93 

Repair water-closet (§ 168) 145 

Make waterrCloset accessible 'J 168) ' 27 

Repair plumbing (§ 168) 78 

Cell water-closet accessible (§ 168) 1 

Provide wash-room (§ 168) 26 

Paint wash-room (§ 168) 4 

Clean wash-room (§ 168) 25 

Repair wash-room ( § 168) 5 

Make wash-room accessible (§ 168) 2 

Clean lunch-room ( § 169) 2 

IIL Children. 
Cease employing children under 16 over 54 hours per week or 

after 7 :00 p. m. (§ 161) *. . . 197 

IV. Women and Minors. 
Cease employing females under 21 years over 10 hours per day 

or 60 hours per week (§ 161) 196 

Provide seats for females (§ 170) 57 

Totals 2,409 



1 

1 

54 

♦56 

463 

98 

44 

323 

•138 

27 

♦156 

60 
72 

•158 
16 
44 

1 
12 

1 
12 

1 



187 

159 
51 

2,145 



* The excess of number of orders complied over number of orders issued, repre- 
sents compliances during the fiscal year 1909-1910, with orders issued during the 
fiscal year 1908-1909. 



im 



Kew Tofi;^ State Defaetmdj^t of Labo«. 



4. SUMMARY OF PROSECUTIONS UNDER THE MERCANTILE LAW. 

(Results to Sept. 30, 1910.) 

Con- 
victed; 



21 after 10 p. m. 
Total 



66 



Dis- sen- 
missed tence Con- 
Number Pend- or ac- With- sus- victed; 
Offense. of cases, ing. quitted, drawn, pended. fined. 

(A) Proceedings Instttdted Before October 1, 1909. 

I. Administration: 

Interfering with deputy 
mercantile inspector .... 1 

III. Children: 
Employing children under 

14 11 

Employing children under 

16 without Board of 

r Health certificate *29 6 

Employing children under 

16 before 7 a. m. or after 

7 p. m 20 

IV. Women and Minors: 
Employing females under 

ifU " 



15 



19 



10 



37 



11 



Fines. 



S105 

20 

130 

$255 



Total . . 
Grand Total. 



455 



16 



17 



(B) Proceedings Instituted in Current *Year. 

I. Administration: 

Interfering with deputy 
mercantile inspector .... 1 

II. Sanitation: 

Failure to provide water- 
closet 1 

III. Children: 

Employing children under 

14 166 12 

Employing children under 

16 without Board of 

Health certificate flSl 7 

Employing children under 

16 before 7 a. m or after 

7p. m 121 

IV. Women and Minors: 
Employing females under 

21 after 10 p. m 10 

Employing females under 
21 more than 60 hours 
per week J4 

Employing women and 
minors m basement with- 
out permit 1 



85 53 $1,195 

86 t39 920 



521 



15 


16 .. 


m • • m 


60 


30 


690 


2 


2 .. 


• • • • 


2 


4 


80 


• • • • 


1 .. 


• • • • 


t2 


1 


20 


• • • • 


1 .. 




• •  • • • 






36 


53 


2 


237 


127 
138 


$2,905 


36 


68 


5 


274 


$3,160 



* Erroneously given as 30 in last year's rei)ort. 

t Includes 1 case dismissed by magistrate in previous year, reopened by district attorney 
this year; defendant was fined $20. 

t Includes 2 cases dismissed by magistrate in previous year, reopened by district attorney 
this year. 



Eepobt of the Commissioner of Labob^ 1910. 129 
5. complaints received by bureau of mercantile inspection. 

Not Thereof 

SuBJBGT or CoifPi^AiNT. Sustained. sustained. Total, aaoajnoous^ 

II. Sanitation. 

Laclc of water-closets 7 8 10 2 

Unclean water-closets 1 2 3 .... 

Laclc of seats for females 9 5 14 6 

InsoiBcient lunch hour 1 1 2 ...v 

General unsanitary conditions 5 • 7 12 5 

III. Children. 

Employment of children under 14 . . . 32 18 50 21 

Children 14 to 16 working without cer- 
tificate 10 ' 20 39 17 

Children 14 to 16 working after 
7 :00 p. m 2 2 4 .... 

Children 14 to 16 working over 54 

hours per week 2 8 5 3 

IV. Women and Minors. 

Women under 21 years working over 

60 hours per week 4 6 10 7 

»»  »^B^^— I I I ■! w   Mill ^^.^a^m^fmm^ ^m  »■ ^  ■■!■ »  w 

Total 82 67 149 61 



WORK OF DEPUTY MERCANTILE INSPECTORS. 

The work accomplished by the mercantile bureau for the year 
1909-10 demonstrates, as did the work of the previous year, our 
inability to properly cover the cities under our jurisdiction with 
the present force of inspectors. 

During the year there were 5,236 inspections, and 4,451 obser- 
vations made. All the large, stores have been inspected and 
patrolled. Such establishments as persist in violating the law in 
regard to the illegal employment of children, have also received 
attention. As far as possible the territory not covered last year 
was inspected. 

COMPLAINTS. 

There were received during the year 149 complaints, as com- 
pared with 204 in the year 1908-9. Of the total 88 were signed 
by the persons making the complaints and 61 were anonymous. 
All received prompt attention ; 8^ were sustained and 67 were not 
sustained. The various subjects of complaints received are shown 
in Table 5 above. 

CHILD LABOR. 

There were 2,371 children under sixteen years of age found 
illegally employed. Between fourteen and sixteen: 199 girls, 
.1,461 boys, total 1,660. Under fourteen years of age: 20 girls, 

5 



150 New York State Department of Labor. 

691 boys, total 711. Tihere were aleo found legally employed 
.under sixteen years of age, 1,117 girls, 1,344 boys, total 2,461; 
making a total of all children found employed of 4,832. This 
shows that 49.1 per cent of all children found working were 
illegally employed, as compared with 51.4 per cent for the pre- 
vious year. 

Proof of age was demanded, ieis provided in section 167, for 

151 children apparently under sixteen years of age; 47 proved to 
be sixteen years of age or over ; 20 proved to be between fourteen 
and sixteen years of age; 2 were under fourteen years of age; 
81 left employment or were discharged for failing to prove their 
age. 

I desire to call attention to the fact that many employers en- 
deavor to coach the children to claim they are sixteen years of 
age, believing that in this way they can evade the law and the 
responsibility for employing such children. From the above 
figures one would not ima^ne there had been any decrease in the 
amount of child labor in places enumerated in section 161. How- 
eveii^y there has been a marked improvement. There are still many 
merchants who deliberately violate the law in this respect, not- 
withstanding the fact that* most of them know what the law re- 
quires. There is at present a large number of children illegally 
e^lployed. 

I wish to call attention to the amendment made to section 161, 
which reads, " Or as a messenger, usher or checker in places of 
amusement,'^ which became operative October 1, 1910. This 
chaiCge does not meet all conditions. In enumerating the occu- 
pations we. have failed to cover children selling or taking tickets, 
and there are many so employed in moving-picture shows. 

We have received complaints regarding the employment of 
children in barber shops and boot-blacking establishments. We 
have no jurisdiction over these children. Numerous complaints 
were received from merchants, stating that they are prohibited 
from employing children under fourteen years of age, while 
jnany children of that age were permitted to sell newspapers and 
merchandise in the vicinity of their places of business after the 
hours prohibited in the law covering street trade. On investiga- 
tion we found that many small children were permitted to sell 
newspapers and merchandise on the streets, in salootis and concert 



Repoet of the Commissioner of Labor, 1910. 131 

halls until midnight. The children selling papers are covered by 
Article XV, but there is no provision in Articles XV or XI cov- 
ering children selling merchandise who claim to be selling for 
themselves, but who in reality are selling for their parents or 
other persons. Owing to the deplorable condition existing at the 
summer resorts in New York City this past summer I called the 
attention of the police commissioner of New York City to such 
, condition on July 20, 1910, and as a result of such correspond- 
ence, the following is part of Special Order No. 241, issued by 
the police commissioner on September 7, 1910: 

"Official Order No. 241. "New York, September 7, 1910. 

"Police Department. 

" No. 12 — Attention is called to Article XV of the Labor Law (Chapter 31 
of the Consolidated Laws) of the State of New York/ and particularly to sec- 
tion 224 thereof. 

"Commanding officers of districts and precincts, are directed to see that 
the members of their respective commands are properly instructed with ref- 
erence to the provisions of this law and its enforcement." 

It is my opinion that the part of section 161 relative to the 

employment of children should be amended to include all children 

employed other than those employed in places defined as factories. 

I am also convinced that Article XV, covering street trades, should 

be so amended as to protect the morals of children of tender years. 

» 

HOURS OF LABOR. 

Durina: the vear 196 orders were issued to reduce the hours of 
. labor of females between sixteen and twenty-one years of age, and 
159 compliances were secured. There were 197 orders issued to re- 
duce the hours of labor of children under sixteen years of age, and 
187 compliances secured. The orders issued do not show the real 
condition. Many employees will not tell the actual hours of labor 
for fear of losing their employment. The records of this bureau 
show that many females are compelled to work 84 hours per week. 

The part of section 161 relative to the hours of labor of females 
from sixteen to twenty-one years of age, is one of the most diffi- 
cult provisions of the law to enforce. The amendments made to 
this section by the last Legislature, which became operative on 
October 1, 1910, prohibiting work after 10 p. m. of any day, 
makes some improvement. It still provides that there shall not 
be more than ten hours' work in any one day " unless for the pu^ 



132 New York State Department of Labor. 

pose of making a shorter work day of some one day of the week.'^ 
The claim is always made, when employees are found working 
over ten hours per day, that it is for the purpose of making a 
shorter day of some one day of the week.* This compels the in- 
spector to prove the total number of hours per week, and makes it 
much more difficult to prove. The provision calling for ten hours 
work between the hours of 7 a. m. and 10 p. m., allows a period 
of fifteen hours per day in which to perform ten hours work. 
Should a female between sixteen and twenty-one years of age be 
found working before 7 a.'m. or after 10 p. m., it is not difficult 
to prove this fact in court. To prove the actual hours worked 
per day or week is almost impossible unless we secure the aid of 
the employee. The fear of losing their employment has deterred 
many employees from rendering assistance to the deputies of this 
bureau. 

I would recommend that section 161 be amended so as to shorten 
the period in which females sixteen to twenty-one years of age are 
permitted to perform ten hours' work on all days other than Sat- 
urday ; that, no such female be employed or permitted to work 
more than six days or sixty hours in any one week, and that there 
shall be posted in a conspicuous place a notice stating the number 
of hours per day for each day of the week and the time such work 
begins and ends each day. 

WASH-ROOMS AND WATER-CLOSETS. 

The conditions regarding wash-rooms and water-closets in mer- 
cantile establishments have been greatly improved since this bu- 
reau has been enforcing the provisions of section 168^ but it 
requires constant attention in order to have them kept in proper 
sanitary condition. There were 1,852 orders issued relative to 
wash-rooms and water-closets during the year, and 1,635 compli- 
ances secured, as compared with 3,346 orders issued the previous 
year, and 3,106 compliances secured. Table 3 above gives details 
as to this year's' orders. 

Section 168 requires that " suitable and proper wash-rooms and 
water-closets shall be provided in, adjacent to or connected with 
mercantile establishments where women and children are em- 
ployed." The words " women and children " have given the bu- 
reau considerable trouble, it being contended that we have no 
jurisdiction where women only or children only are employed. 



Repoet of the Commissioner of Labob, I&IO. 133 

Under the provisions of this section we have no power to issue 
orders for wash-rooms or water-closets in offices or other places 
where women and children are employed, or in mercantile estab- 
lishments where only males over sixteen years of age are employed. 
We have found conditions in many office buildings and other 
places as bad as any found in mercantile establishments. It is my 
opinion that section 168 should be amended, .giving this bureau 
power to order proper toilet facilities in all places coming under 
the provisions of the law regardless as to whether they employ 
males or females. In many places employing males over sixteen 
years of age there are no toilet accommodations, and they should 
be provided in order to improve the sanitary condition of the 
premises. 

SEATS FOR FEMALES. 

The law requiring one seat for every three females is generally 
complied with. A total of 57 orders were issued to " provide 
seats for females and permit the use of same," and 51 compliances 
were secured. During the year we received 14 complaints rela- 
tive to the use of seats; 9 were sustained and 5 not sustained. 
Section 170 reads " chairs, stools or other suitable seats." Where 
chairs or stools are used it is not easy to keep them properly dis- 
tributed. In some of the larger stores this has been remedied by 
attaching permanently to each counter or table a sufficient num- 
ber of adjustable seats. Chairs and stools have caused injury to 
patrons and employees, particularly when placed at bargain 
counters -in the aisles of stores. We have advised against using 
them in such places. 

While we have very little trouble to secure compliance with an 
order to provide a sufficient number of seats, it is a fact that some 
of the proprietors will not permit the employees to use them after 
they have provided the required number. We have contemplated 
prosecuting such employers. To do so we would have to rely on 
the evidence of the emplovees, who iisuallv think more of their 
position than the enforcement of this section of the law, specially 
enacted for their benefit. 

VENTILATION. 

Section 171 provides that basements in mercantile establish- 
ments shall be properly ventilated. The basement of mercantile 



134 New Yokk State Depabtment of Labor. 

establishments, however, is not the only part of the building that 
should be properly ventilated. Considering the large number of 
employees and patrons of such places there should be provision in 
the law requiring sufficient ventilation in all parts of buildings 
used as business offices or mercantile establishments, when the 
conditions show that such ventilation is necessary. 

PROSECUTIONS. 

Prosecutions for the year numbered 455, the subjects and re- 
sults of which are shown in Table 4 above. Of these 419 were 
disposed of and 36 were pending September 30, 1910. In 127 
cases fines were imposed amounting to $2,905; 237 defendants 
were convicted or pleaded guilty and sentence was suspended; 18 
were dismissed or acquitted in Sipecial Sessions and 35 were 
dismissed by magistrates ; 2 cases were withdrawn as witnesses had 
left the State. Fourteen of the defendants fined were convicted 
of the second offense. 

On October 1, 1909, there were 66 cases pending which have 
been disposed of during the year. In 11 cases fines were imposed, 
amounting to $255; 37 defendants were convicted or pleaded 
guilty and sentence was suspended ; 14 were dismissed or acquitted 
in Special Sessions, and 1 was dismisised by magistrate. 

Total amount of fines imposed during the year was $3,160, as 
compared with $1,815 for the previous year. In connection with 
prosecutions the deputies of the bureau spent 3,131 hours in court 
work. 

ESCAPE IN case OF FIRE. 

In the performance of our duties the inadequate means of es- 
cape in case of fire was forced upon our attention in many build- 
ings. Although this is a matter over which the department has 
no jurisdiction it is, nevertheless, of grave importance. 

This year there were inspected 166 mercantile and other estab- 
lishments, each employing over one hundred persons. The maxi- 
mum number of employees in one office was 1,714, and in one 
mercantile establishment 6,105. Many of the office buildings are 
considered fire-proof. In many of them there is not ample pro- 
vision for escape in case of fire. In mercantile establishments the 
conditions are much more serious. Few of the buildings are fire- 
proof and it is questionable if any of them are properly equipped 
with exits and fire escapes from all parts of the buildings. It 



Repobt of the Oommissionbe of Labor, I&IO. 135 

should be borne in mind tbat even in the most modern building the 
fixtures and the merchandise exposed for sale are of the most in- 
flammable nature. When you consider the precautions taken as 
to exits and escapes in theaters one must marvel that practically 
no attention has been given to mercantile establishments, many of 
which have as many or more employees than the average theater 
will seat, to say nothing of the thousands of patrons who with the 
employees are distributed all over the different parts of the build- 
ing or buildings of such establishment. 

It is a very conservative estimate to say that during the greater 
part of the day there are two patrons in these stores to each em- 
ployee. This would mean that many of the large stores have more 
people within their buildings at one. time than could be seated in 
Madison Square Garden. I have given this subject careful atten- 
tion for two years and from conservative estimates know that some 
of the stores have, at many times during the year, twenty-five thou- 
sand persons in the store at one time, while during the Christmas 
season many of them will have fifty thousand or more. There are 
many employees and patrons in the basements of these stores, and 
in some of them it would be next to impossible to get them out in 
the event of fire. 

In many of the large stores the main stairways adjoin the ele- 
vator shaft, and in some instances wind around elevators that are 
not enclosed in fireproof shafts. Such stairways would be useless 
in case of fire. One can see from casual observation that the aiisle 
space in many of the stores is not sufficient for the number of per- 
sons using the same. The fact that permanent and temporary 
bargain counters are placed in the aisles would lead to serious trou- 
ble in case of fire or panic. 

In cities of the first class the building code seems to give, ample 
power to change existing conditions. Some one should be re^ 
sponsible for changing them in order to afford proper protection to 
the thousands of patrons and employees of such establishments, at 
least by properly designating all fire exits, having all doors open 
outward and providing ample means of escape from all parts of 
buildings. 

Respectfully submitted, 

(Signed) James L. Gbbnon, 

Mercantile Inspector. 



APPENDIX V. 

INDEX OF BILLS AND LAWS KELATING TO LABOR 
IN THE LEGISLATIVE SESSION OF I&IO. 

Prepared by the Bureau of Labor Statistics. 

[Explanation. — Only the principal purpose and final stage of each bill are in- 
dicated; identical bills in Senate and Assembly are recorded as one; bills enacted 
into law are described in italic type ; numbers in parentheses are '* Printed,'* the 
dthers *' Introductory,*' numbers. Abbreviations used are : S. for Senate, A. for 
Assembly, and Com. for Committee. 

For a review and the text of the labor laws enacted in 1910 see the Department 
of Labor Bulletin for June, 1910.] 

ADMINISTRATION OF LABOR LAWS. 

To require report to Department of Labor of accidents to employees in the 
building industry, and to require employers in manufacturing , mining, quarry- 
ing and building industries to keep a record of accidents. Senator Wain- 
\cHghty 8. 6»6 (737) and Mr. C, W. Phillips, A, 1130 (1130, 1393). Approved 
June 2i, a« Chapter 15&. 

To increase salary of mercantile inspector in Depa^-tment of Labor from 
$2,000 to $3,000. Senator Burlingame, 8, 769 (834) and Mr. Lee, A. 1241 
(15^). Approved June 20, cw Chapter 516. 

To provide for special district attorneys in each county of 100,000 or more 
inhabitants to prosecute violations of labor law. Mr. McGregor, A. 1263 
(1606). La'bor and Industries Com. 

HEALTH AND SAFETY. 
Factqbies. 

To require that factory floors shall be kept clean, to forbid expectoration 
thereon, and to require cuspidors and receptacles for waste in factories, Mr. 
Lee, A. 205 (206). Approved April 20, as Chapter 114. 

To require drinking tcater in factories and to amend requirements of dress- 
ihg^ooms for females and wash-room^. Mr, C. W, Phillips, A. 670 (738, 
1428, 8. 108©) . Approved May 6, as Chapter 229. 

To add to the requirements that exhaust fans shall be provided in factories, 
requirement of their conJtirmcus use, Mr, C, W, Phillips, A, 698 (782, 1182). 
Appnwed April 19^ as Chapter 100. 

To prohibit obstructions to doors or windows in factories, Mr, Green, A, 
405 (425, 1939, 2174, 8. 1575). Approved June 9, as Chapter 401. 

To amend generally the provisions of the labor law concerning ventilation 
and tetnperature in factories. Senator Davis, 8. 883 (1008; 1488) and Mr. 
C. W. Phillips, A. 1401 (18«1, 2467). Sen. Judiciary Com. and Ass. Labor 
and Industries Com. 

Construction Work. 

To prevent accidents in connection with electric wires by requiring use of 
red glass insulators. Mr. Hackett, A. 537 (537). Electricity, Gas and Water 
Com. 



Repoet of the Commissioner of Labor, 1910. 137 

To require equipment of manhole covers in cities of the first cl-ass with 
automatic valves to prevent accumulation and e;tplosion of gas in manholes. 
Mr. Hackett, A. 635 (571). Codes Com. 

Railways. 

To extend requirement of equipment of freight cars with air brakes from 
"a sufficient number" to "all" cars on each train. Mr. Hackett, A. 534 
(570). Railroads Com. 

To require signals at railroad tunnels for protection of employes on top 
of trains. Mr. Jackson, A. 1483 (2019). Railroads Com. 

To require minimum number of employees in train crews. Mr. Til ley, A. 
362 (378). Railroads Com. 

To require minimum crew of three on light engines. Mr. Whitney, A. 478 
(501). Reported by Railroads Com. 

To authorize Public Service Commission to regulate number of employees 
in train crews. Mr. Filley, A. 573 (612). Railroads Cotn. 

To change the age limit for train dispatchers from 18 to 21 years and to' 
extend same to signalmen and telephone operators. Mr. Evans, A. 455 (480). 
Codes Com. 

Miscellaneous. 

To regulate guarding and operation of elevators generally in cities of the 
first class. Mr. Boylan, A. 1537 (213J5), 

To prohibit placing of stationary firemen in charge of more than four 
boilers, or requiring them to perform other duties. Mr. Miller, A. 1280 
( 1633 ) . Labor and Industries Com. 

To incorporate the American Museum of Safety for study and promotion 
of means and methods of preventing industrial accidents. Senator Wain- 
wright, S..1137 (1526). Vetoed by the Governor. 

WOMAN AND CHILD LABOR. 

To include among the prohibited employments for children under 16, the 
operation of drill presses, metal and paper cutting m4ichines and comer-staying 
machines in paper box factories. Mr, C, W. Phillips, A. 704 (788, 1177). 
Approved as Chapter 107. 

To increase the restrictions upon the hours of labor for minors and children 
as to night work and exemptions at Christm^is tims, and to extend such re- 
strictions to bowling alleys and places of amusement. Senator Davis, 8. 481 
(506, 1356) and Mr. Weimert, A. 851 (992, 2315). Approved June 6, as Chap- 
ter 387. 

To prohibit employment of minors under 21 in night messenger service. Mr. 
Murray, A. 997 (1193, 1826). Approved May 21, as Chapter 342. 

To extend the limitations upon the hours of work of children in mercantile 
establishments to bowling aleys. Mr. Weinstein, A. 675 (743). La4>or and 
Industries Com. 

To make violation of the Labor Law in regard to employment of children 
in street trades a misdemeanor. Mr. Fowler, A. 020 (676, 2209). Vetoed by 
the Governor. 

To provide penalties for false statements as to age of children, and for 
failure to maintain sufficient ventilation after means are provided therefor. 
Mr. Lee, A. 206 (207, 1133, 1217). Passed Assembly; Senate Codes Com. 



1-38 New York State Department of Labor. 

To reduce limitation upon the hours of work of women from 10 per day 
and 60 per week to 9 per day and 54 per week. Senator Mackenzie, S. 642 
(580) and Mr. Feeley, A. 863 (1011, 1654). Sen. Judiciary Com. and Ass^ 
Labor and Industries Com. 

To prohibit employment of women at core making. Senator Allen, S. 570 
(608) and Mr. Chanler, A. 797 (921). Sen. Judiciary Com, and A-ss. Labor 
and Industries Com. 

To modify for canneries the ten-hour law for women and minors. Mr. 
Boshart, A. 808 (941, 2236). Labor and Industries Com. 

HOUBS OF WORK. 

HOUBS. 

To amend the Public Health Law in regard to the practiae of pharmacy, 
including amendment qf section regulating hours of drug clerks. Senator 
Hill, 8. m (66, 323, 384, 776, &35) and Mr, Whitney, A, 137 (137, 627, 
752, 940, 1241, S. 1451, 1637). Approved June 8, as Chapter 422. 

To prevent witliholding of p«iyment on public contracts in case of violation 
of the eight-hour law until violation shall have been certified by the Commis- 
sioner of Labor a,fter investigation and with opportunity for the contractor 
to file an answer. Senator Agnew,.S. 950 (1126). Judiciary Com. 

1*0 make revocation of contract for violation of eight-hour law permissive 
instead of nmndatory. Senator Agnew, S. 951 (1127). Judiciary Com. 

Sunday Woek. 

To require at least one day of rest for employees each week and that at 
least three of the rest days in every nine weeks shall be on Sunday. Senator 
Agnew, S. 1165 (1631). Codes Com. 

To amend the provision of the Penal Law permitting observance of some 
other than the first day of the week as a Sabbath. Mr. Oliver, A. 19 (19). 
Codes Com. 

Similar bill by Mr. A. J. Levy, A. 463 (488, 1773). Third reading. 

To amend the Penal Law relative to public traffic on Sunday. Mr. Lansing, 
A. 1389 (1870). Codes Com. 

To make punishment for Sabbath breaking discretionary with the courts. 
Mr. Goldberg, A. 728 (827). Codes Com. 

To create a special commission to investigate and report on Sunday laws, 
existing or needed. Senator Sohultz (by request), S. 13 (13) and Mr. Good- 
speed (by request), A. 810 (943). Sen Fin. Com. and Ass. Ways and 
Means Com. 

LEGAL RIGHTS. 

Employers' Liability fob Accidents. 

To amend the law in relation to employers' liability — Bill recomm^ended 
by Special Commission, Senator Wainvyright, S, 687 (738, 1209, 1466) and 
Mr. O.W. Phillips, A. 1129 (1392, 2205, 2)318;). Approved May 24, as Chap. 

To require compensation for accidents to employees in certain dangerous em- 
ployinents. Bill recommended by special commission on employers* liability. 
Senator WaAhwright, S. 68& (736, 1208) and Mr. C. W. Phillips, A. 1131 
(1394, 2210*). Approved June 25, as Chapter 674. 



Eeport of the Commissioner of Labor, 1910. 139 

To amend law concerning employers' liability. Mr. Haines, A. 297 (311). 
Labor and Industries Com. 

To require employers to provide indemnity insurance for injured employees. 
Mr. Garfein, A. 120 (120). Labor and Industries Com. 

Similar bill by Mr. Garfein, A. 509 ( 541 ) . Labor and Industries Com. 

To require employer to inform employee of any defect in notice of injury 
required by employers' liability law. Senator Meade, S. 2^ (268) and Mr. 
Whitley, A. 372 (388, 1938, 2109, S, 1498). Sen. Judiciary Com. 

To eliminate from required notice of injury under the employers' liability 
law statement of cause of accident. Senator Brackett, S. 986 (1171). Ju- 
diciary Com. 

Wages. 

To require testing by superintendent of weights and measures of all weigh- 
ing devices used to determine compensation of employees. Mr. Lansing, A. 
345 (361, 2311). Third reading. 

To make the owner of certain classes of goods, when manufactured by a 
contractor, liable for the wages of employees of the contractor. Senator Wag- 
ner, S. 488 (514) and Mr. Jackson, A. 827 (960, 1774). Sen. Judiciary Com. 
and' Ass. General Laws Com. 

To give laborers priority over material men as well as over contractors or 
sub-contractors in case of liens* for improvement of real property. Senator 
Brackett, S. 535 (573). Ass. Judiciary Com. 

To require dating of loans on salaries on day loan is made and to compel 
lenders to file statement of such loans with county clerks. Mr. Joseph, A. 
444 (469, 859, 1,231). Sen. Judiciary Com. 

To prohibit loans on salaries at more than two per cent per month interest. 
Mr. Herrick, A. 494 (526). Codes Com. 

GOVERNMENT EMPLOYEES. 

To authorize two weeks' vacation with pay for municipal employees in New 
York City. Mr, Hoey A. 128 (128, 2157, 2342. Approved June 25, as Chap- 
ter 679. 

To authorize two weeks' vacation with pojy for all puhlic employees, state 
or local, Mr. Hoey, A. 1107 (1372, 1590, 1726, 1978). Approved June 25, 
as Chapter 680. 

To authorize two weeks' vacation with pay for per diem state employees. 
Senator Cobb, S. 7^5 (888) and Mr. Merritt, A. 1292 (1659). Vetoed by the 
Governor. 

To require semi-monthly payment of salaries and usages of state em/ploy ees. 
Mr. Lansing, A. 37 (37, 774, 8. 1183). Approved May 17, as Chapter 316. 

To require weekly payment of salaries and wages of New York City em- 
ployees. Mr. Hoey, A. 127 (127). Cities Com. 

To permit payment of monthly salaries of New York City employees on 
and after the twentieth of each month. Senator Travis, S. 1145 (1554) and 
Mr. Green, A. 1728 (260-7). Sen. Cities Com. and Ass. Cities Com. 

To authorize payment of claims for overtime work of New York City dock 
and ferry employees. Senator Cronin, S. 323 (324) and Mr. Weber, A. 1227 
(1566). Not accepted by mayor. 

* Other bills to amend the lien law were introdnoed but are not here listed 
■inoe they did not concern laborers or wage-earners especially. 



140 New York State Department of Labor. 

To. change compensation of axmen and laborers on state highway and barge 
canal work from $2 per day to $65 per month. Mr. Lansing, A. 432 (457, 
1296, S. 1535 ) . Vetoed by the Governor. 

To increase the compensation of certain state hospital employees. Senator 
Brough, S. 820 (913, 1298) and Mr. Merritt, A. 1320 (1707, 2385). Vetoed 
by the Governor. 

To increase compensation of employees in Wil lard State Hospital twenty 
per cebt. Mr. Cosad, A. 586 (624). Ways and Means Com. 

To increase compensation of employees in state armories in counties ad- 
joining first class cities from $3 to $4 per day. Mr. Goodwin, A. 427 (447, 
513). Military Affairs 'Com. 

Tt fix compensation of women cleaners in state buildings. Mr. Lansing, A. 
594 (636). Ways and Means Com. 

Similar bill by Mr. Lansing, A. 864 (1012, 1719). Sen. Finance Com, 

To make compensation of park drivers and hostlers in Bro<^lyn and Queens 
Boroughs of New York City the same as in Manhattan Borough. Mr. Farrell, 
A. 21<6 (217). Cities Com. 

To add assistants to section and stable foremen in New York City street 
cleaning department to the uniformed force. Senator Gledhill, S. 838 (931) 
Mr. McGrath, A. 1153 (1436). Sen. Com. of the Whole. 

To authorize permanent employment at annual salaries of mechanics and 
laborers by the City of New York. Mr. Hoey, A. 221 (226). Cities Com. 

To authorize payment of compensation to injured employees of cities. Mr. 
Gillen, A. 401 (421). Cities Com. 

To provide pensions for employees of state hospitals. Senator Davis, S. 959 
(1135, 1430) and Mr. Merritt, A. 150O (2085, 2546). Vetoed by Governor. 

To create a commission to provide a retirement fund for New York City 
employees generally. Mr. Haines, A. 615 (656). Cities Com. 

Similar bill by Mr. Conklin, A. 764 (870). 

To provide pensions for stationary engine men in the employ of the City 
of New York. Senator Grady, S. 503 (536). Cities Com. 

To provide pensions for street cleaners in New York City. Senator Gled- 
hill, S. 523 (562) and Mr. McGrath, A. 523 (562). Sen. Cities Com. and Ass. 
Cities Com. 

To provide a retirement fund for civil service employees in Buffalo. Mr. 
Mac Gregor, A. 27 (27). Cities Com. 

PEISON LABOR. 

To extend state-use system for products of prison la'bor to all penal institu- 
tions. Mr. Reed, A. 845 (986, 2,682). Ways and Means Com. 

To amend law concerning compensation of prisoners for labor and to ex- 
tend same to all penal institutions. Mr. Reed, A. 8<4<6 (987, 26>83). Ways 
and Means Com. 

To extend law requiring prisoners to labor to all penal institutions. Mr. 
Reed, A. 847 (988, 2684). Ways and Means Com. 

INDUSTRIAL EDUCATION. 

To amend the Education Law generally including the articles concerning 
compulsory education and industrial schools, and providing for schools of 
agriculture, mechanic arts and home-maJcing. Senator Davis, 8, 546 (<>50) 



Rbpobt of the Commissioner of Labor, I&IO. 141 

and Mr. J, 8, PhillipSy A. 999- (1281, 1494). Approved April 22, as Chap- 
ter 140. . 

To amend the Education Law with reference to industrial and trade schools. 
Senator Hamilton, S. 183 (183) and Mr. Barden, A. 272 (280, 611, 662). 
Recalled from Governor. 

REGULATION OF TRADES OR OCCUPATIONS. 

To require licenses for moving picture machine operators. Senator Fraw- 
ley, 8. 521 (555) and Mr. Higgvns, A. 994 (1190). Approved June 24, as 
Chapter 654. 

To provide for examination and registration of master electricians in cities. 
Mr. MacGregor, A. 624 (680). Cities Com. 

Similar bill by Senator Travis, S. 771 (844) and Mr. H. E. Allen, A. 1373 
(1818). Sen. Cities Com. and Ass. Cities Com. 

To regulate plastering and provide, for plastering inspectors of practical 
experience, iu first class cities. Senator Harte, S. 592 (630) and Mr. Beck, 
A. 993 (1189). 

To require licensing of master plumbers in first class villages as previously 
in cities. Mr. Goodwin, A. 492 (524, 1239, 1421, 1546). Sen. Com. of the 
Whole. 

To require journeymen plumbers in cities to be licensed in the same man- 
ner as master plumbers under existing law. Mr. Neupert, A. 555 (591). 
Cities Com. 

To require licensing of stationary engineers and firemen throughout the 
state. Senator Heacock, S. 498 (528) and Mr. Eveleth, A. 837 (978). Sen. 
Judiciary Com. and Ass. Labor and Industries Com. 

To require licensing of stationary engineers in New York City. Mr. 
Doherty, A. 314 (330, 668). Cities Com. 

To prohibit employment of chauffeurs under 21 years of age. Mr. Her- 
rick, A. 756 (862). Codes Com. 

INDUSTRIAL DISPUTES. 

To create a separate State Board of Mediation and Arbitration in place of 
the existing Bureau of Mediation and Arbitration in the Department of Labor. 
Mr. Ward, A. 1464 (1971). Ways and Means Com. 

UNEMPLOYMENT. 

To amend the law concerning employment agencies in cities of the first 
and second classes and to extend the same to all cities. Senator Cohh, S. 445 
(467) and Mr. Green, A. 795 (913, 1599, 1998, 2'220, 2347, 8. 1578, 1606, 
2685). Approved June 25, as Chapter 700. 

Similar bill by Senator Cobb, S. 990 (1193, 1347). Judiciary Com. 

To appropriate $20,000 for further work by the commission on employers' 
liability, causes of unemployment, etc. Senator Wainwright, 8. 50 (50) and 
Mr. C.W. Phillips, A. 77 (77). Approved Feb. 11 a* Chapter 5. 

To amend the law concerning employment agencies relative .to theatrical 
employment agencies. Senator Wagner, S. 33 (33) and Mr. Green, A. 45 
(45). Sen. Judiciary Com. and Ass. General Laws Com. 

To compel employment agencies to investigate character of employers to 
whoti^ girls under 18 are directed for employment and to report to the police 



142 New Yokk State Department of Labob. 

the names and addresses of all such applicants for work and prospective em- 
ployers. Senator Gledhill, S. 753 (818, 107») and Mr. Gerken, A. 1249 
( 1602 ) . Sen. Judiciary €om. and Ass. Labor and Industries Com. 

Similar .bill by Mr. Boylan, A. 1480 (2061). General Laws Ck)m. 

To provide for a State Commissioner of the Unemployed. Senator Cronin, 
S. 342 (350) and Mr. O'Connor, A. 473 (496). Sen. Finance Com. and Ass. 
Ways and Means Com. 

Similar bill but with provision for a special deputy in the Department of 
Labor, for the purpose. Senator Cronin, S. 698 (752) and Mr. O'Connor, A. 
1159 (1442). Sen. Finance Com. and Ass. Ways and Means Com. 

MISCELLANEOUS. 

To create in the Department of Labor a BureoM of Industries and Immigra- 
tion with investigating and inspection- powers for the protection of aliens and 
improvement of their condition. Senator Brough, 8. 876 (1012, 1462) and 
Mr, Parker, A. 1402 (1882, 2631, 8. 1562). Approved June 20, as Chapter 514. 

Similar bill but providing for a separate Department of Industries and Im- 
migration. Mr. Parker, A. 54 (54). Ways and Means Com. 

To require that all employees of public service corporations shall be citizens 
of the United States. Mr. McCue, A. 212 (213). Judiciary Com. 

To provide for old age pensions. Mr. R. H. Clarke, A. 6 (6). Ways and 
Means Com. 

To establish a commission to^ inquire into the high cost of living. Mr. 
Garfein, A. 1439 (1946). Motion to reconsider in Senate tabled, after adverse 
vote on third reading. 

To require information concerning agricultural labor, etc, to be furnished 
to the Commissioner of Agriculture by town clerks and assessors as well as 
supervisors. Senator Piatt, S. 829 (922) and Mr. Boshart, A. 1288 (1655). 
Ass. Agriculture Com. 



 I .. ..,,■.•)«. «..V . ..X . . ► ^- ^ , ^ - , . . . ■.<„,,!» »- , . Jt 



APPENDIX VI. 



LAWS RELATING TO LABOR IN FOpCE OCTOBER 1, 

1»10. 

Compiled by the Bubeau of Labob Statistics. 



Note. — The following compilation presents the several laws as they appear in 
^e Consolidated Laws enacted in 1009 and 1010, or as since amended in which 
case references to all amending acts are given. For reference's to the sources, ' both 
original acts and amendments, of the various provisions as enacted in the Con- 
solidated Laws, see the similar compilation in the Annual Report of the Com- 
missioner of Labor for 1000 (Appendix VI). 



THE LABOR LAW. 

Chapteb 36 OF THE LAWS OF 1909, IN FOBCE Febbuaby 17, 1909. Compiled 

 • 

WITH Amendments to January 1, 1911. 



An Act relating to labor, constituting chapter thirty-one of the consolidated 

laws. 

CHAPTER 31 OF THE CONSOLIDATED LAWS. 

LABOR LAW. 

Article 1. Short title; definitions (§§ 1, 2). 

2. General provisions (§S 3-21). 

3. Department of labor (§§ 40-48). 

4. Bureau of labor statistics (§§ 55-57). 

5. Bureau of factory inspection (§§ 60-68). 

6. Factories (§§ 70-96). 

7. Tenement-made articles (§§ 100--105). 

8. Bakeries and confectioneries (§§ 110-115). 

9. Mines, tunnels and quarries and their inspection (|§ 120-136). 

10. Bureau of mediation and arbitration (§§ 140-148). 

10-a. Bureau of industries and immigration (§§ 151-156). [.Tcrdea: f>» 1910.] 

11. Employment of women and children in mercantile establishments 

(iS 160-173). 

12. Bureau of mercantile inspection (§§ 180-184). 

13. Conylct-made goods and duties of commissioner of labor relative thereto 

(i§ 190-195). 

14. Employer's liability (§§ 200-212). 

14-a. Workmen's compensation in certain dangerous employments (§§ 215- 
219-g). [Added in 1910.] 

15. Employment of children in street trades (§§ 220-226). 

16. Laws repealed; when to take effect (§§ 240, 241). 



ARTICIiK 1. 
Short Title; Definitions. 



Section 1. Short title. 
2. Definitions. 



§ 1. Short title. — This chapter shall be known as. the "Labor Law." 

§ 2. DeSnitions. — Employee. The term "empl6yee," when used in this 
chaptier, me^ns a mechanic, workingman or laborer who works for another 
for hire. 

Employer. The term "employer," when used in this chapter, means the 
person employing any such mechanic, workingman or laborer, whether the 
owner, proprietor, agent, superintendent, foreman or other subordinate. 

Factory. The term "factory," when used in . this chapter, shall be con- 
strued to include also any mill, workshop, or other manufacturing or 
business establishment where one or more i)ersons are employed at labor. 



146 New York State Department of Labor. 

Mercantile Establishment. The term "mercantile establishment/' when 
used in this chapter, means any place where goods, wares or merchandise 
are offered for sale. 

Tenement House. The term " tenement house," when used in this chap- 
ter, means any house or building, or portion thereof, which is rented, l«ased, 
let or hired out, to be occupied, or is occupied as the home or residence of 
• three families or more living independently of each other, and doing their 
cooking upon the premises, and having a common right in the halls, stair- 
ways, yards, water-closets or privies, or some of them, and for the pur- 
poses of this chapter shall be construed to include any building on the same 
lot with any dwelling house and which is used for any of the purposes speci- 
fied in section one hundred of this chapter. 

Whenever, in this chapter, authority is conferred upon the commissioner 
of labor, it shall also be deemed to include his deputies or a deputy acting 
under his direction. 

"Tenant factory " is defined in § 94, post. The definition of "tenement house'* 
here differs slightly from that in the Tenement House Law, ch. 61, of the 
Consolidated Laws, fi 2. 

A commercial ice house using machinery, etc., is a " factory : '* Rabe v. Consol. 
Ice Co., 151 U. S. C. C. A. 535 (1902). Bakeries and confectioneries are " factories :" 
see § 114, post.; also laundries, S 92, post. 

AJiTICIiB 2. 
General ProT-lstons. 

Section 8. Hours to constitute a day's work. 

4. Violations of the labor law. 

5. Hours of labor in brickyards. 

6. Hours of labor on street surface and elevated railroads. 

7. Regulation of hours of labor on steam surface and elevated railroads. 

8. Regulation of hours of labor of block system telegraph and telephone 

operators and signalmen on surface, subway and elevated railroads. 

9. Payment of wages by receivers. 

10. Cash payment of wages. t 

11. When wages are to be paid. 

12. Penalty for violation of preceding section. 

13. Assignment of future wages. 

14. Preference in employment of persons upon public works. 

15. Labels, brands and marks used by labor organizations. 

16. Illegal use of labels, brands and marks, a misdemeanor ; injunction 

proceedings. 

17. Seats for female employees. 

18. Scaffolding for use of employees. 

19. Inspection of scaffolding, ropes, blocks, pulleys and tackles in cities. 

20. Protection of persons employed on buildings in cities. 
20-a. Accidents to be reported [Added in 1910]. 

21. Commissioner of labor to enforce provisions of article. 

S 3. Hours to constitute a day's work. — Eight hours shall constitute a 
legal day's work for all classes of employees in this state except those engaged 
in farm and domestic service unless otherwise provided by law. This section 
does not prevent an agreement for overwork at an increased compensation 
except upon work by or for the state or a municipal corporation, or by con- 
tractors or subcontractors, therewith. Each contract to which the. state or 
a municipal corporation or a commission appointed pursuant to law is a 
party which may involve the employment of laborers, workmen or mechanics 



Eepoet of the Commissioner of Labor, 1910. 14.7 

shall contain a stipulation that no laborer, workman or mechanic in the 
employ of the contractor, subcontractor or other person doing or contract- 
ing to do the whole or a part of the work contemplated by the contract shall 
be permitted or required to work more than eight hours in any one calendar 
day except in cases of extraordinary emergency caused by fire, flood or danger 
to life or property. The wages to be paid for a legal day's- work as herein- 
l^efore defined to all classes of such laborers, workmen or mechanics upon 
all such public works, or upon any material to be used upon or in connec- 
tion therewith, shall not be less than the prevailing rate for a day's work 
in the same trade or occupation in the locality within the state where such 
public work on, about or in connection with which such labor is performed 
in its final or completed form is to be situated, erected or used. Each such 
contract hereafter made shall contain a stipulation that each such laborer, 
workman or mechanic, employed by such contractor, subcontractor or other 
person on, about or upon such public work, shall receive such wages herein 
provided for. Each contract for such public work hereafter made shall con- 
tain a provision that the same shall be void and of no effect unless the person 
or corporation making or performing the same shall comply with the pro- 
visions of this section; and no such person or corporation shall be entitled to 
receive any sum nor shall any ofl&cer, agent or employee of the state or of 
a municipal *corportion pay the same or authorize its payment from the funds 
under his charge or control to any such person or corporation for work done 
upon any contract, which in its form or manner of performance violates 
the provisions of this section, but nothing in this section shall be construed 
to apply to persons regularly employed in state institutions, or to engineers, 
electricians and elevator men in the department of public buildings during 
the annual session of the legislature, nor to the construction, maintenance 
and repair of highways outside the limits of cities and villages. [As am'd 
hy L. 1909, ch. 292.J 

The Legislature is expressly empowered to regulate conditions of employment on 
public work by the State Constitution, Article XII, § 1 (given under Public 
Works and Contracts, post). 

The constitutionality of the section was sustained in 1904, so far as It relates to 
the direct employees of the state or of a municipality : Ryan v. City of New York, 
177 N. Y. 271. The section is constitutional under both State and Federal con- 
stitutions : People ex rel. Williams Engineering and Contracting Co. v. Metz, 193 
N. Y. 148 (1908). The United States Supreme Court has affirmed the constitution- 
ality of a similar statute of Kansas (Atkins v. Kansas, 191 U. S. 207), and the 
eight-hour law of the United States (Ellis v. U. S., 27 Sup. Ct. Rep. p. 600, 1907). 

The section applies only to puWio work and not to ** articles of common mer- 
chandise," or to ** marketable commodities," like gas and electricity : Downey v. 
Bender, 57 App. Div. 310 (1901) ; see also the Attorney-General's opinion of 
June 26, 1906 (Report of Commissioner of Labor, 1906, Appendix V). The section 
does not apply to the manufacture of materials purchased by a contractor for public 
work: Bohnen v. Metz, 126 App. Div. 807, affirmed, 193 N. Y. 676. But an opinion 
of the Attorney-General (1909) holds that the section does apply to work such as 
the manufacture of a fire escape done by a contractor in his own factory. (Report 
of the Commissioner of Labor, 1909, p. 307.) 

An armory Is a state ** institution " and therefore exempt from the provisions 
of the section: Matter of Bums v. Fox, 98 App. Div. 507 (Nov. 1904). Firemen 
are not " employees " within the meaning of the statute, which relates only to 
mechanics or laborers working for hire : Sweeney v. Sturgis, 78 App. Div. 460, 
affirmed (May, 1903), 175 N. Y. (Mem.). The wages clause does not apply to 
school janitors : Farrell v. Board of Education, 113 App. Div. 405. ... 

 So in original. ...... ^ 



148 New Yobk State Department of Labor. 

" Extraordinary emergency " is defined in United States v. Sheridan Kirk Con- 
tract Co., U. S. Dlst Court, 149 Fed. Rep. 813; Penn Bridge Co. v. United 
States, Court of Appeals of D. C, 35 Wash. Law Reporter, 287. As to what 
constitutes overtime in case of emergency work on part of employees of municipal 
department of water supply, see Grady v. City of New York, 182 N. Y. 18 (May 
30, 1905). 

Cf. ten-hour law for bakeries in § 110, post. 

§ 4. Violations of the labor law. — Any officer, agent or employee of this 
state or of a municipal corporation therein having a duty to act in the 
premises who violates, evades or knowingly permits the violation or evasion 
of any of the provisions of this chapter shall be guilty of malfeasance in 
office and shall be suspended or removed by the authority having power to 
appoint or remove such ofilccr, agent or employee; otherwise by the governor. 
Any citizen of this state may maintain proceedings for the suspension or 
removal of such officer, agent or employee or may maintain an action for 
the purpose of securing the cancellation or avoidance of any contract which 
by its terms or manner of performance violates this chapter or for the pur- 
pose of preventing any officer, agent or employee of such municipal corpora- 
tion from paying or authorizing the payment of any public money for work 
done thereupon. 

See notes to § 3; also § 21, post; and Penal Law, § 1271, subd. 1, under 

i*ENALTIBS FOB VIOLATION OF THE LABOB LAW, p08t. 

§ 5. Hours of labor in brickyards.— Ten hours, exclusive of the necessary 
time for meals, shall constitute a legal day's work in the making of brick in 
brickyards owned or operated by corporations. No corporation owning or 
operating sucli brickyard shall require employees to work more than ten 
hours in any one day, or to commence work before seven o'clock in the 
morning. But overwork and work prior to seven o'clock in the morning for 
extra compensation may be performed by agreement between employer and 
employee. 

Violation a misdemeanor : Penal Law, § ISTTI, subd. 3. 

§ 6. Hours of labor on street /surface and elevated railroads. — Ten consecu- 
tive hours' labor, including one-half hour for dinner, shall constitute a day's 
labor in the operation of all street surface and elevated railroads, of what- 
ever motive power, owned or operated by corporations in this state, whose 
main line of travel or whose routes lie principally within the corporate limits 
of cities of the first and second class. No employee of any such corporation 
shall be permitted or allowed to work more than ten consecutive hours, in- 
cluding one-half hour for dinner, in any one day of twenty-four hours. 

In cases of accident or unavoidable delay, extra labor may be performed 
for extra compensation. 

Violation a misdemeanor : Penal Law, § 1271, subd. 2. Under former law, 
violation was not a crime : People v. Phyfe, 10 Crim. 246. 

§ 7. Regulation of hours of labor on steam surface and elevated railroads. — 
Ten hours' labor, performed within twelve consecutive hours, shall constitute 
a legal day's labor in. the operation of steam surface and elevated railroads 
owned and operated within this state, except where the mileage system of 
running trains is in operation. But this section does not apply to the per- 
formance of extra hours of labor by conductors, engineers, firemen and train- 
men in case of accident or delay resulting therefrom. For each hour of 



Report of the Commissioner of Labor, 1910. 149 

{ahoT performed in any one day in excess of such ten hours, by any such em- 
ployee, he shall be paid in addition at least one-tenth of his daily compen- 
sation. 

JSIo person or corporation operating a line of railroad of thirty miles in 
length or over, in whole Or in part within this state, shall permit or require 
a conductor, engineer, fireman or trainman, who has worked in any capacity 
for twenty-four consecutive hours, to go again on duty or perform any kind 
of work, imtil he has had at least eight hours' rest. 

Violation a misdemeanor (Penal Law, § 1271, subd. 4) ; also evidence of negli- 
gence in action for personal injuries sustained by employee, Pelin v. N. Y. C. & 
H. R. R. R. Co., 102 App. Div. 71 (1905). 

Constitutionality sustained on the ground that it is a reasonable exercise of 
the police power, '* in view of the great danger to and even destruction of life 
and property which might result from the attempt of men who. have become 
enfeebled by prolonged and exhaustive work, to control engines and cars in 
motion": People v. Phyfe, 136 N. Y. 554. 

§ 8. Regulation of hours of labor of block system telegraph and telephone 
operators and signalmen on surface, subway and elevated railroads. — The 
provisions of section seven of this chapter shall not be applicable to em- 
ployees mentioned, herein. It shall be unlawful for any corporation or re- 
ceiver, operating a line of railroad, either surface, subway or elevated, in 
whole or in part in the state of New York, or any officer, agent or repre- 
sentative of such corporation or receiver to require or permit any telegraph 
or. telephone operator who spaces trains by the use of the telegraph or tele- 
phone under what is known and termed the "block system" (defined as 
follows) : Reporting trains to another office or offices or to a train dis- 
patcher operating one or more trains under signals, and telegraph or telephone 
levermen who manipulate interlocking machines in railroad yards or on 
main tracks out on the lines or train dispatchers in its service whose duties 
substantially, as hereinbefore set forth, pertain to the movement of cars, 
engines or trains on its railroad by the use of the telegraph or telephone in 
dispatching or reporting trains or receiving or transmitting train orders as 
interpreted in this section, to be on duty for more than eight hours in a day 
of twenty-four hours, and it is hereby declared that eight hours shall con- 
stitute a day of employment for all laborers or employees engaged in the 
kind of labor aforesaid; except in cases of extraordinary emergency caused 
by accident, fire, flood or danger to life or property, and for each hour of 
labor so performed in any one day in excess of such eight hours, by any 
such employee, he shall be paid in addition at least one-eighth of his daily 
compensation. Any person or persons, company or corporation, who shall 
violate any of the provisions of this section, shall, on conviction, be fined in 
the sum of not less than one hundred dollars, and such fine shall be recovered 
by an action in the name of the state of New York, for the use of the state, 
which shall sue for it against such person, corporation or association violating 
this section, said suit to be instituted in any court in this state having appro- 
priate jurisdiction. Such fine, when recovered as aforesaid, shall be paid 
without any deduction whatever, one-half thereof to the informer, and the 
balance thereof to be paid into the free school fund of the state of New York. 
The provisions of this section shall not apply to any part of a railroad where 
not more than eight regular passenger trains in twenty-four hours pass each 
way; provided, moreover, that where twenty freight trains pass each way 



1'50 New York State Department of Labor. 

generally in each twenty-four hours then the provisions of this section shall 
apply, notwitlistanding that there may pass a less numb«r of passenger trains 
than hereinbefore set forth, namely eight. 

The section Is constitutional as a proper exercise of the police power and does 
not conflict with the U. S. law on the same subject : New York v. Erie R. R. Co., 
198 N. Y. 369. 

§ 9. Payment of wages by receivers. — Upon the appointment of a receiver 
of a partnership or of a corporation organized under the laws of this state 
and doing business therein, other than a moneyed corporation, the wages of 
the employees of such partnership or corporation shall be preferred to every 
other debt or claim. 

See also Debtor and Creditor Law, ch. 12 of the Consolidated Laws, $8 27, 28, 
and Lien Law, S 13. 

Term ** employees " includes operatives and laborers (Palmer v. Van Santvoord, 
153 N. Y. 612), traveling salesmen (Matter of Fitzgerald, 21 Misc. 226), book- 
keepers employed at salary of $100 a month (People v. Beveridge Brewing Co., 91 
Hun, 313, and Matter of Luxton & Black Co., 35 App. Div. 243), etc. 

Term " wages '* does not cover amounts credited to employees onder a system of 
profit sharing (Dolge v. Dolge, 70 App. Div. 517). 

§ 10. Cash pasmient of wages. — Every manufacturing, mining, quarrying, 
mercantile, railroad, street railway, canal, steamboat, telegraph and tele- 
phone company, every express company, every corporation engaged in har- 
vesting and storing ice, and every water company, not municipal, and every 
person, firm or corporation, engaged in or upon any public work for the 
state or municipal corporation thereof, either as a contractor or a sub- 
c9ntractor therewith, shall pay to each employee engaged in his, their or 
its business the wages earned iSy such employee in cash. No such company, 
person, firm or corporation shall hereafter pay such employees in script, . 
commonly known as store money-orders. No person, firm or corporation en- 
gaged in carrying on public work under contract with the state or with any 
municipal corporation of the state, either as a contractor or subcontractor 
therewith, shall, directly or indirectly, conduct or carry on what is commonly 
kno-wTi as a company store, if there shall, at the time, be any store selling 
supplies within two miles of the place where such contract is being executed. 
Any person, firm or corporation violating the provisions of this section shall 

be guilty of a misdemeanor. 

Penalty : See § 12, poatj and Penal Law, § 1272, post. 

On subject of constitutionality, see Knoxville Iron Co. v. Harbison, 183 IT. S. 13, 
in which the United States Supreme Court sustained the Tennessee anti-truck law. 

Payment by check is not a compliance with the section. (Opinion of Attorney- ! 

General in his report for 1899, p. 335). 

§ 11. When wages are to be paid. — Every corporation or joint-stock asso- 
ciation, or person carrying on the business thereof by lease or otherwise, shall 
pay weekly to each employee the wages earned by him to a day not more 
than six days prior to the date of such payment. 

But every person or corporation operating a steam surface railroad shall, 
on or before the first day of each month, pay the employees thereof the wages 
earned by them during the first half of the preceding month ending with 
the fifteenth day thereof, and on or before the fifteenth day of each month 
pay the employees thereof the wages earned by them during the last half 
of the preceding calendar month. 



Report of the Commissioner of Labor, 1910. 151 

Penalty : See § 12, post, and Penal Law, § 1272. 

The semi-monthly pay law in the s^ond paragraph af this section is constitutional 
as within the reserved power of the state to amend corporate charters : N. Y. C. 
B. R. Co. v. Williams, 199 N. Y. 108. 

Any corporation operating a steam surface railroad and also engaged in mining 
or any other business than the operation of such surface railroad must pay its 
employees not engaged in operating such road in accordance with the general pro- 
visions of this section. (Opinion of Attorney-General, June 4, 1906.) Does not 
apply to a municipal corporation. (People ex rel. Van Valkenburg v. Myers, 33 
N. Y. St. Rep. 18; People v. City of Buffalo, 57 Hun, 577.) 

§ 12. Penalty for violation of preceding section. — If a corporation or joint- 
stock association, its lessee or other person carrying on the business thereof, 
shall fail to pay the wages of^ all its employees as provided in this article, 
it shall forfeit to the people of the state the sum of fifty dollars for each 
such failure, to be recovered by the commissioner of labor in his name of 
office in a civil action. [As am*d hy L. 1909, ch. 206.] 

Violation also a misdemeanor : Penal Law, § 1272. 

§ 13. Assignment of future wages. — ^No assignment of future vT^ages, payable 
weekly, or monthly in case of a steam surface railroad corporation, shall be 
valid if made to the corporation or association from which such wages are 
to become due, or to any person on its behalf, or if made or procured to 
be made to any person for the purpose of relieving such corporation or asso- 
ciation from the obligation to pay weekly, or monthly in case of a steam 
surface railroad corporation. Charges for groceries, provisions or clothing 
shall not be a valid off-set for wages in behalf of any such corporation or 
association. No such corporation or association shall require any agreement 
from any employee to accept wages at other periods than as provided in this 
article as a condition of employment. 

See Personal Property Law, § 42, under "Assignment of wages " under Political 
AND Legal Rights, Etc., post, 

§ 14. Preference in employment of persons upon public works. — In the 
construction of public works by the state or a municipality, or by persons 
contracting with the state or such municipality, only citizens of the United 
States shall be employed; and in all cases where laborers are employed on 
any such public works, preference shall be given citizens of the state of 
New York. In each contract for the construction of public works a pro- 
vision shall be inserted, to the effect that, if the provisions of this section 
are not complied with, the contract shall be void. All boards, officers, agents 
or employees of cities of the first class of the state, having the power to 
enter into contracts which provide for the expenditure of public money on 
public works, shall file in the office of the commissioner of labor the names 
and addresses of all contractors holding contracts with said cities of the 
state. Upon the letting of new contracts the names and addresses of such 
new contractors shall likewise be filed. Upon the demand of the commis- 
sioner of labor a contractor shall furnish a list of the names and addresses 
of all subcontractors in his employ. Each contractor performing work for any 
city of the first class shall keep a list of his employees, in which it shall be 
set forth whether they are naturalized or native born citizens of the United 
States, together with, in case of naturalization, the date of naturalization and 
the name of the court where such naturalization was granted. Such lists 
and records shall be open to the inspection of the commissioner of labor. A 



1'5'2 Xew York State Department of Labor. 

violation of this section shall constitute a misdemeanor and shall be punish- 
able by a fine of not less than fifty dollars nor more than five hundred 
dollars, or by imprisonment for not less than thirty nor more than ninety 
days, or by both such fine and imprisonment. 

The statute of 1894 making it a crime for a contractor with a municipal corpora- 
tion for the construction of public works, to employ alien laborers thereon, was held 
in 1895 to be an unconstitutional invasion of personal rights and also a vlolattoa 
of a treaty of the United States with Italy : People v. Warren, 13 Misc. 618. 

As to the preference clause, see City of Chicago v. Hurlbut, 68 N, E. 786 (1903) ; 
but Massachusetts enacted a law giving preference to resident labor in 1904 
(ch. 311). 

§ 15. Labels, brands and marks used by labor organizations. — A union or 
association of employees may adopt a device in the form of a label, brand, 
mark, name or other character for the purpose of designating the products 
of the labor of the members there9f. Duplicate copies of such device shall 
be filed in the office of the secretary of state, who shall, under his hand and 
seal, deliver to the union or association filing or registering the same a 
certified copy and a certificate of the filing thereof, for which he shall be 
entitled to a fee of one dollar. Such certificate shall not be assignable by the 
union or association to whom it is issued. 

This act Is constitutional and the infringement of a registered label will be re- 
strained by injunction : Perkins v. Heert, 158 N. Y. 306. 

§ 16. Illegal use of labels, brands and marks a misdemeanor; injunction 
proceedings. — A person who, (1) shall in any way use or display the label, 
brand, mark, name qr other character, adopted by any such union or association 
as provided in the preceding section, without the consent or authority of such 
union or association; or (2) shall counterfeit or imitate any such label, 
brand, mark, name or other character, or knowingly sells or disposes of, or keeps 
ot* has in his possession with intent to sell or dispose of, any goods, wares 
merchandise or other products of labor, upon which any such counterfeit or 
imitation is attached, affixed, printed, stamped or impressed, or knowingly 
sells or disposes of, or keeps or has in his possession with intent to sell or 
dispose of any goods, wares, merchandise or other products of labor con- 
tained in any box, case, can or package, to which or on which any such 
counterfeit or imitation is attached, affi;s:ed, printed, painted, stamped or 
impressed, is guilty of a misdemeanor, and shall be punished by a fine of not 
less than one hundred dollars nor more than five hundred dollars, or by 
imprisonment for not less than three months nor more than, one year, or 
by both such fine and imprisonment. After filing copies of such device, such 
union or association niay also maintain an action to enjoin the maufacture, 
use, display or sale of counterfeit or colorable imitations of such device, or 
of goods bearing the same, or the unauthorized use or display of such device, 
or of goods bearing the same, and the court may restrain such wrongful 
manufacture, use, display or sale, and every unauthorized use or display by 
others of the genuine deivices so registered and filed, if such use or display 
is not authorized by the owner thereof, and may award to the plaintiff such 
damages resulting from such wrongful manufacture, use, display or sale as 
may be proved, together with the profits derived therefrom. 

Knowledge or intent is not an ingredient of an offense of counterfeiting a regis- 
tered label : Bulena v. Newman, 10 Misc. 460. A colorable imitation of a union 
label, even though it have distinguishing words or names, contravenes this section : 
Myrup V. Friedman, 58 Misc. 323. 



Repoet of the Commissioner of Labor, I&IO. 153 

S 17. Seats for female employees. — Every person employing females in a 
iactory or as waitresses in a hotel or restaurant shall provide and maintain 
suitable seats for the use of such female eniployees, and permit the use 
thereof by such employees to such an extent as may be reasonable for the 
preservation of their health. 
 Violation Is a misdemeanor : Penal Law, § 1273, post. 

§ 18. Scaffolding for use of employees.— -A person employing or directing 
another to perform labor of any kind in the erection, repairing, altering or 
painting of a house, building or structure shall not furnish or erect, or cause 
to be furnished or erected for the performance of such labor, scaflfolding, 
hoists, stays, ladders or other mechanical contrivances which are unsafe, un- 
suitable or improper, and which are not so constructed, placed and operated 
as to give proper protection to the life and limb of a person so employed or 
engaged. 

Scaifolding or staging swung or suspended from an overhead support, more 
than twenty feet from the ground or floor, shall have a safety rail of wood, 
properly bolted, secured and braced, rising at least thirty- four inches above 
the floor or main portions of such scaff'olding or staging and extending along 
the entire length of the outside and the ends thereof, and properly attached 
thereto, and such scaffolding or staging shall be so fastened as to prevent the 
same from swaying from the building or structure. 

Violation Is a misdemeanor (Penal Law, § 1276, post), and renders master liable 
iu case of Injury to employees (§ 202, post). 

The question of what constitutes a structure or a scaffold under this section is 
one to be decided according to the circumstances of each case and has led to 
numerous decisions. As to the general principles upon which these questions 
must be determined see Caddy v. Interborough Rapid Transit Co., 195 N. Y. 415 
(1909). 

• 

§ 19. Inspection of scaffolding, ropes, blocks, pulleys and tackles in cities. — 
Whenever complaint is made to the commissioner of labor that the scaffolding 
or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons, or ropes 
of any swinging or stationary scaffolding used in the construction, alteration, 
repairing, painting, cleaning or pointing of buildings within the limits of a 
city are unsafe or liable to prove dangerous to the life or limb of any person, 
such commissioner of labor shall immediately cause an inspection to be 
made of such scaffolding, or the slings, hangers, blocks, pulleys^ stays, braces, 
ladders, irons or other parts connected therewith. If, after examination, 
such scaffolding or any of such parts is found to be dangerous to life or 
limb, the commissioner of labor shall prohibit the use thereof, and require 
the same to be altered and reconstructed so as to avoid such danger. The 
commissioner of labor or deputy factory inspector making the examination 
shall attach a certificate to the scaffolding, or the slings, hangers, irons, 
ropes, or other parts thereof, examined by him, seating that he has made such 
examination, and that he has found it safe or unsafe, as the case may be. 
If he declares it unsafe, he shall at once, in writing, notify the person 
responsible for its erection of the fact, and warn him against the use thereof. * 
Such notice may be served personally upon the person responsible for its 
erection, or by conspicuously affixing it to the scaffolding, or the part thereof 
declared to be unsafe. After -such notice has been so served or affixed, the 
person responsible therefor shall immediately remove such scaffolding or part 



154 New York State Dbpabtment of Labor. 

thereof and alter or strengthen it in such manner as to render it safe, in the 
discretion of the officer who has examined it, or of his superiors. The com- 
missioner of lahor and any of his deputies whose duty it is to examine or 
test any scafifolding or part thereof, as required by this section, shall have 
free access, at all reasonable hours, to any building or premises containing 
them or where they may be in use. All swinging and stationary scaffolding 
shall be so constructed as to bear four times the maximum weight required 
to be dependent therefrom or placed thereon, when in use, and not more than 
four men shall be allowed on any swinging scaffolding at one time. 

Violation is a misdemeanor (Penal Law, § 1277, post) and renders master liable 
in case of injury to employees (§ 202, po$t). 

§ 20. Protection of persons employed on buildings in cities. — All contractors 
and owners, when constructing buildings in cities, where the plans and 
specifications require the floors to be arched between the beams thereof, or 
where the floors or fllling in between the floors are of fireproof material or 
brickwork, shall complete the fiooring or filling in as the building progresses, 
to not less than within three tiers of beams below that on which the iron 
work is being erected. If the plans and specifications of such buildings do 
not require filling in between the beams of fioors with brick or fireproof mate- 
rial all contractors for carpenter work, in the course of construction, shall 
lay the under-fiooring thereof on each story as the building progresses, to 
not less than within two stories below the one to which such building has 
been erected. Where double fioors are not to be used, such contractor shall 
keep planked over the fioor two stories below the story where the work is 
being performed. If the fioor beams are of iron or steel, the contractors for 
the iron or steel work of buildings in course of construction or the owners 
of such buildings shall thoroughly plank over the entire tier .of iron or steel 
beams on which the structural iron or steel work is being erected, except 
such spaces as may be reasonably required for the proper construction of 
such iron or steel work, and for the raising or lowering of materials to be 
used in the construction of such building, or such spaces as may be designated 
by the plans and specifications for stairways and elevator shafts. If elevators, 
elevating machines or hod-hoisting apparatus are used within a building in 
the course of construction, for the purpose of lifting materials to be used 
in such construction, the contractprs or owners shall cause the shafts or 
openings in each floor to be enclosed or fenced in on all sides by a barrier at 
least eight feet in height, except on two sides which may be used for taking 
off and putting on materials, and those sides shall be guarded by an adjust- 
able barrier not less than three nor more than four feet from the fioor and 
not less than two feet from the edge of such shaft or opening. If a building 
in course of construction is five stories or more in height, no lumber or timber 
needed for such construction shall be hoisted or lifted on the outside of such 
building. The chief officer, >n any city, charged with the enforcement of the 
building laws of such city and the commissioner of labor are hereby charged 
with enforcing the provisions of this section. 

Violation is a misdemeanor (Penal Law, § 1277, post) and renders master liable 
in case of injury to employees (§ 202, post). 

As to relative liability of owner and contractor, see E. G. Rooney v. Brogan 
Construction Co., 194 N. Y. 32 (1909). 

§ 20-a. Accidents to be reported. — The person in charge of any building, 
construction, excavating or engineering work of any description, including 



Repobt of the Commissioner of Labor, I&IO. 155 

the work of repair, alteration, painting or renovating, shall keep a cor- 
rect rec6rd of all deaths, accidents or injuries sustained by any person work- 
ing thereon, in such form as may be required by the commissioner of labor. 
Such record shall be open to the inspection of the commissioner of labor, 
and a copy thereof shall be furnished to the said commissioner on demand. 
Within forty-eight hours after the time of the accident, death or injury, 
a report thereof shall be made in writing to the commissioner of labor, 
stating as fully as possible the cause of the death or injury, and 
the place where the injured person has been sent, with such other or 
further information relative thereto as may be required by the said com- 
missioner, who may investigate the causes thereof and require such pre- 
cautions to be taken as will prevent the recurrence of similar happenings. 
No statement contained in any such report shall be admissible in evidence 
in any action arising out of the death or accident therein reported. [Added 
by L. 1910, ch. 155.] 

Compare § 87 (factory accidents) and § 126 (mine and quarry accidents) post. 

§ 21. Commissioner of labor to enforce provisions of article. — The com- 
missioner of labor shall enforce all the provisions of this article. He shall 
investigate complaints made to him of violations of such provisions and if 
he finds that such complaints are well founded he shall issue an order 
directed to the person or corporation complained of, requiring such person 
or corporation to comply with such provisions. If such order is disregarded 
the commissioner of labor shall present to the district attorney of the proper 
county all the facts ascertained by him in regard to the alleged violation, 
and all other papers, documents or evidence pertaining thereto, which he may 
have in his possession. The district attorney to whom such presentation is 
made shall proceed at once to prosecute the person or corporation for the 
violations complained of, pursuant to this chapter and the provisions of the 
penal law. If complaint is made to the commissioner of labor that any person 
contracting with the state or a municipal corporation for the performance 
of any public work fails to comply with or evades the provisions of this 
article respecting the payment of the prevailing rate of wages, the require- 
ments of hours of labor or the employment of citizens of the United States 
or of the state of New York, the commissioner of labor shall if he finds 
such complaints to be well founded, present evidence of such non-compliance 
to the officer, department or board having charge of such work. Such officer, 
department or board shall thereupon take the proper proceedings to revoke 
the contract of the person failing to comply with or evading such provisions. 

article: 3. 

Department of Labor.. 

Section 40. Commissioner of labor. 

41. Deputy commissioners. 

42. Bureaus. 

43. Powers. 

44. Salaries and expenses. 

45. Sub-oflQces. 

46. Reports. 

47. Old records. 

48. Counsel. 

§ 40. Commissioner of labor. — There shall continue to be a department of 
labor the head of which shall be the commissioner of labor who shall be 



1'56 New York State Depabtment of Labob. 

appointed by the governor by and with the advice and consent of the senate 
and who shall hold office for a term of four years beginning on the first day 
of January of the year in which he is appointed. He shair receive an annual 
salary of five thousand dollars. He shall appoint all offieers, clerks and other 
employees in the department of labor. 

§ 41. Deputy commissioners. — The commissioner of labor shall forthwith 
upon entering upon the duties of his office appoint and may at pleasure remove 
two deputy commissioners of labor, who shall receive such annual salaries, not 
to exceed three thousand dollars each, as may be appropriated therefor. The 
powers hereinafter conferred upon the first and second deputy commissioners 
shall not include the appointment of officers, clerks or other employees in any 
of the bureaus of the department of labor. 

§ 42. Bureaus. — The department of labor shall be divided into' five bureaus 
as follows: Factory inspection, labor statistics, mediation and arbitration, 
industries and immigration, and mercantile inspection. [As am*d hy L, 
3910, ch, 614.] 

§ 43. Powers. — 1. The commissioner of labor, his deputies and their 
assistants and each special agent, deputy factory inspector, chief investi- 
gator, special investigators, mercantile inspector, or deputy mercantile in- 
spectors may administer oaths and take affidavits in matters relating to the 
provisions of this chapter. 

2. No person shall interfere with, obstruct or hinder by force or- other- 
wise the commissioner of labor, his deputies, their assistants or the special 
agents, deputy factory inspectors, chief investigator, special investigators, 
the mercantile inspector, or deputy mercantile inspectors while in the per- 
formance of their duties, or refuse to properly answer questions asked by 
such officers pertaining to the provisions of this chapter, or refuse them 
admittance to any place where and when labor is being performed which 
is affected by the provisions of this chapter. 

3. All notices, orders and directions of deputies, assistants, special agents, 
deputy factory inspectors, chief investigator, special investigators, the mer- 
cantile inspector, or deputy mercantile inspectors given in accordance Avith 
this chapter are subject to the approval of the commissioner of labor. And 
all acts, notices, orders, permits and directions by any provisions of this 
chapter directed to be performed or given by the factory inspector, chair- 
man of the board of mediation and arbitration, chief investigator, special 
invetigators, mercantile inspector or other officer of the department of labor 
may be performed or given by and in the name of the commissioner of 
labor and by any officer of the department thereunto duly authorized by 
such commissioner in the name of such commissioner. 

4. The commissioner of labor may procure and cause to be used badges 
for himself and his subordinates in the department of labor while in the 
performance of their duties. [As am*d hy L. 1910, ch. 514.] 

§ 44. Salaries and expenses. — All necessary expenses incurred by the com- 
missioner of labor in the discharge of his duties shall be paid by the state 
treasurer upon the warrant of the comptroller issued upon proper vouchers 
therefor. The reasonable and necessary traveling and other expenses of the 
deputy commissioners, their assistants, the special agents and statisticans, 
the deputy factory inspectors, chief investigator, the special investigators, 



Eepobt of the Commissioneb of Labor, 19>10. 167 

the mercantile inspectors, deputy mercantile inspectors, and other field offi- 
cers of the department while engaged in the performance of their duties 
shall be paid in like manner upon vouchers approved by the commissioner 
of labor and audited by the comptroller. [As am*d by L. 1910, ch. 514.] 

f 45. Sub-offices. — The commissioner of labor may establish and maintain 
a sub-offiioe in any city of the first class if in his opinion it be necessary. 
He may designate any one or more of his subordinates to take charge of and 
manage any such office, subject to his direction. The reasonable and necessary 
expenses of such office shall be paid as are other expenses of the commissioner 
of labor. 

§ 46. Reports. — The commissioner of labor shall report annually to the 
legislature. 

§ 47. Old records. — ^All statistics furnished to and all complaints, reports 
and other documentary matter received by the commissioner of labor pursuant 
to this chapter or any act repealed or superseded thereby may be destroyed 
by such commissioner after the expiration of six years from the time of the 
receipt thereof. 

§ 48. Counsel.-7- The commissioner of labor may employ counsel in the de- 
partment of labor to represent the department or to assist in the prosecution 
of actions or proceedings brought under the provisions of this chapter. Such 
counsel shall receive such compensation as may otherwise be provided by law. 

ARTICIiB 4. 
Bureau of Labor Statistics. 

Section 55. Bureau of labor statistics. 

56. Duties and powers. 

57. Statistics to be furnished upon request. 

§ 55. Bureau of labor statistics. — There shall continue to be a bureau of 
labor statistics, which shall be under the immediate charge of a chief statis- 
tician; but subject to the direction and supervision of the commissioner of 
labor. 

Cf. S 42, ante. 

I 56. Duties and powers. — The commissioner of labor shall collect, assort, 

systematize and present in annual reports to the legislature, statistical details 
in relation to all departments of labor in the state, especially in relation to 
the commercial, industrial, social and sanitary condition of workingmen and 
to the productive industries of the state. He may subpoena witnesses, take 
and hear testimony, take or cause to be taken depositions and administer 
oaths. 

Subpoena, how Issued ; Code of Civil Procedure, $ 854 ; how served, id., S 852 ; 
fees, id., g 3318. 

Duties and powers discussed, People v. Peck, 138 N. Y. 386, which held the 
Commissioner of Labor Statistics to be a public officer within the meaning of 
i 2050 of the Penal Law. 

 

§ 57. Statistics to be furnished upon request. — The owner, operator, man- 
ager or lessee of any mine, factory, workshop, warehouse, elevator, foundry,- 
machine shop or other manufacturing establishment, or any agent, superin- 
tendent, subordinate, or employee thereof, and any person employing or di- 
recting any labor affected by the provisions of this chapter, shall, when re- 
quested by the commissioner of labor, furnish any information in his pos- 



1'58 New York State Department of Labor. 

session or under his control which the commissioner is authorized to require, 
and shall admit him to any plaCe where labor is carried on which is affected 
by the provisions of this chapter for the purpose of inspection. All statistics 
furnished to the commissioner of labor pursuant to this article, may be 
destroyed by such commissioner after the expiration of two years from the 
time of the receipt thereof. A person refusing to admit such commissioner, 
or a person authorized by him, to any such establishment, or to furnish him 
any information requested, or who refuses to answer or untruthfully answers 
questions put to him by such commissioner, in a circular or otherwise, shall 
forfeit to the people of the state the sum of one hundred dollars for each 
refusal or untruthful answer given, to be sued for and recovered by the com- 
missioner in his name of office. The amount so recovered shall be paid in to 
the state treasury. 

ARTIGIiB 5. 
Bureau of Factory Inspection. 

Section 60. Factory Inspector. 

61. Deputies. 

62. General powers and duties. 

63. Reports. 

67. Duties relative to apprentices. 

68. Laws to be posted. 

§ 60. Factory inspector. — There shall continue to be a bureau of factory 
inspection. The first deputy commissioner of labor shall be the factory in- 
spector of the state and in immediate charge of this bureau, but subject to 
the direction and supervision of the commissioner of labor. 

Cf. § 42, ante: 

§ 61. Deputies. — The commissioner of labor may appoint from time to time 
not more than sixty persons as deputy factory inspectors, not more than ten 
of whom shall be women, and who may be removed by him at any time. 
The deputy factory inspectors may be divided into three grades, but not more 
than five shall be of the third grade. Each deputy inspector of the first grade 
shall receive an annual salary of one thousand dollars, each of the second 
grade an annual salary of one thousand two hundred dollars and each of the 
third grade an annual salary of one thousand five hundred dollars. 

§ 62. General powers and duties. — 1. The commissioner of labor may divide 
.the state into districts, assign one or more deputy factory inspectors to each 
district, and may in his discretion transfer them from one district to another ; 
he may assign any of them to inspect any special class or classes of factories 
or to enforce any special provisions of this chapter; and he may assign any 
one or more of them to act as clerks in any office of the department. 

2. The commissioner of labor may authorize any deputy commissioner or 
assistant and any special agent or inspector in the department of labor to 
act as a deputy factory inspector with the full power and authority thereof. 

3. The commissioner of labor, the first deputy commissioner of labor and 
his assistant or assistants and every deputy or acting deputy , factory in- 
spector may in the discharge of his duties enter any place, building or room 
where and when any labor is being performed which is affected by the 
provisions of this chapter and may enter any factory whenever he may have 
reasonable cause to believe that any such labor is being performed therein. 



Report of the Commissioner of Labor, 1910. 159 

a • 

4. The commissioner of labor shall visit and inspect or cause to be visited 
and inspected the factories^ during reasonable hours, as often as practicable, 
and shall cause the provisions of this chapter to be enforced therein. 

5. Any lawful municipal ordinance,* by-law or regulation relating to fac- 
tories, in addition to the provisions of this chapter and not in conflict there- 
with, may be observed and enforced by the commissioner of labor. 

The Commissioner of Labor may also assign duties to the inspectors of steam 
vessels when transferred by the Superintendent of Public Works in accordance with 
the Navigation Law (ch. 37 of the Consolidated Laws) as follows : 

9r -3. Duties of superintendent of public works. — The superintendent of public 
works shall superintend the stdministration of the provisions of this article, 
appoint the inspectors provided for In this act and exercise supervision over them 
in the performance of their duties so far as the same relate to the administratloo 
and enforcement of the provisions of this article. During such periods of the year 
as in the judgment of the superintendent of public works, the services of the in- 
spectors provided to be appointed by this article shall not be needed in the adminis- 
tration of the provisions of this article, he may, upon request of the commissioner 
of labor, for temporary periods, transfer such inspectors to the department of labor, 
and during the periods in which said Inspectors are so transferred, they shall be 
subject to the jurisdiction of the commissioner of labor and subject to detail by 
him as experts in the administration of the labor law. The, necessary traveling 
expenses of said inspectors while acting under the jurisdiction of the commissioner 
of labor shall be paid from the funds appropriated for the administration of the 
department of labor, and their salaries shall be paid, as hereinafter provided, by 
the superintendent of public works, their vouchers to be approved by the com*- 
missloner of labor. 

§ 63. Reports. — Tlie commissioner of labor shall make an annual report to 

the legislature of the operation of this bureau. • ' 

8 67. Duties relative to apprentices.— The commissioner of labor shall 

enforce the provisions of the domestic relations law, relative to indenture of 

apprentices, and prosecute employers for failure to comply with the pro? 

visions of such indentures and of such law in relation thereto. 

For the law concerning apprentices here referred to see " The Apprentice System *' 
nnder Ikdcstrial Edccatton, post. 

§ 68. Laws to be posted.: — A copy or abstract of the provisions of this 
chapter applicable thereto, to be prepared and furnished by the commissioner 
of labor, shall be kept posted by the employer in a conspicuous place on each 
floor of every factory where persons are employed who are affected by tht 
provisions thereof. 

article: 6. 

Factories. 

[Note.-— The Fetial Law, § 1275 (post) makes it a misdemeanor to violate or 
refine to oomplp with the provisions of this article, which are to he etrictltf oon- 
etrued, (Murphy v. Bennett, 11 App. Div, 298.)] 

Section TO. Employment of minors. 

71. Employment certificate how issued. 

72. Contents of certificate. 

.78. School record, what to contain. 
75. Report of certificates issued. 

.♦ With the possible exception of New York City ordinances (City of New York v. 
i!'nistees of ^ilors' Snug Harbor, 85 App. Div. 355, aff^d 180 N. Y. 527, mem., and 
oplnloii by Attorney-General, January 16, 1904). » 



160 New York State Department of Labor. 

Section 76. Registry of children employed. 

77. Hours of labor of children, minors and women. 

78. Exceptions. 

70. Einclosure and operation of elevators and hoisting shafts; Inspfctlon. 

80. Stairs and doors. 

81. Protection of employees operating machinery. 

82. Fire escapes. 

83. Commissioner of labor may order erection of fire escapes. 

84. Walls and ceilings. 
86. Size of rooms. 

86. Ventilation. 

87. Accidents to be reported. 

88. Wash-room and water-closets. 

89. Time allowed for meals. 

90. Inspection of factory buildings. 
'91. Inspection of boilers in factories. 

92. Laundries. 

98. Prohibited employment of women and children. 

94. Tenant-factories. 

95. Unclean tenant-factories. 

96. Definition of "custodian." 

f 70. Employment of minors. — No child under the age of fourteen jean 
shall be employed, permitted or suffered to work in or in connection with any 
factory in this state. No child between the ages of fourteen and sixteen 
years shall be so employed, permitted or suffered to work unless an employ- 
ment certificate issued as provided in this article shall have been theretofore 
filed in the office of the employer at the place of employment of such child. 

Compare §§ 626-62S of the Compulsory Education Law under Child Labob, po8t. 

The prohibition is absolute ; lack of intent or knowledge not a defense (opinion of 
Attorney-General, January 16, 1905; City of New York v. Chelsea Jute Mills, 48 
Misc. 266, where it was held, March 24, 1904, that ignorance of the child's age and 
an honest belief on the part of the employer that it was over age, was no defense). 
But; an ofRcei* of a corporation who has directed that no child shall be employed 
contrary to law is not liable if a subordinate, without his knowledge, illegally 
employs a child. People v. Taylor, 192 N. Y. 398 (1908). 

Violation is a misdemeanor (Penal Law, § 1275, po8t) and prima facie evidence 
of negligence on the part of an. employer in an action against him: Marino v. 
Lehmaier, 173 N. Y. 530; Koester v. Rochester Candy Works, 194 N. Y. 92 (1900) ; 
Sitts V. Waiontha Co., 94 App. Div. 38; Dragotto v. Plunkett, 113 App. Diy. 648; 
Lee V. Sterling Silk Mfg. Co., 115 App. Dlv. 589 and 134 App. Div. 123 ; Kenyon v. 
Sanford Mfg. Co., 199 App. Div. 570; Fortune v. Ilall, 122 App. Div. 250; Danaher 
V. American Mfg. Co., 126 App. Div. 385 (1908). Cf. also § 202, post. 

The section does not apply to children employed in fields adjacent to canning 
factories, nor to sheds unconnected with such factories (opinion of Attorney-(3en- 
eral, September 22, 1905). 

S 71. Emplojonent certificate how issued. — Such certificate shall be issued 
by the commissioner of health or the executive officer of the board or depart- 
ment of health of the city,^ town or village where such child resides, or is to 
be employed, or by such other officer thereof as may be designated by such 
board, department or commissioner for that purpose, upon the application 
of the parent or guardian or custodian of the child desiring such employ- 
ment. Such officer shall not issue such certificate until he has received, 
examined, approved and filed the following papers duly executed, viz.: The 
school record of such child properly filled out and signed as provided in this 
article; also evidence of age showing that the child is fourteen years old or 
upwards, which shall consist of the evidence thereof provided in one of the 
following subdivisions of this section and which shall be required in the 
order herein designated f ** ^'Alows : 



ErEPOET OF THE COMMISSIONER aF LaBOB, IdlO. 161 

(a) Birth certificate: A duly attested transcript of the birth certificate 
filed according to law with a registrar of vital statistics or other officer 
charged with the duty of recording births, which certificate shall be conclu- 
sive evidence of the age of such child. 

(b) Certificate of graduation: A certificate of graduation duly issued to 
such child showing that such child is a graduate of a public school of the 
state of New York or elsewhere, having a course of not less than eight years, 
or of a school in the state of New York other than a public school, having 
a substantially equivalent course of study of not less than eight years' dura- 
tion, in which a record of the attendance of such child has been kept as 
required by article twenty of the education law, provided that the record of 
such school shows such child to be at least fourteen years of age. 

(c) Passport or baptismal certificate: A passport or a duly attested 
transcript of a certificate of baptism showing the date of birth and place of 
baptism of such child. 

(d) Other documentary evidence: In case it shall . appear to the satis-, 
faction of the officer to whom application is made, as herein provided, for an 
employment certificate, that a child for whom such certificate is requested, 
and who has presented the school record, is in fact over fourteen years of 
age, and that satisfactory documentary evidence of age can be produced, which 
does not fall within any of the provisions of the preceding subdivisions of this 
section and that none of the papers mentioned in said subdivisions can be pro- 
duced, then and not otherwise he shall present to the board of health of which 
he is ah officer or agent, for its action thereon, a statement signed by him 
showing such facts, together with such affidavits or papers as may have been 
produced before him constituting such evidence of the age of such child, and 
the board of health, at a regular meeting thereof, may then, by resolution, 
provide that such evidence of age shall be fully entered on the minutes of 
such board, and shall be received as sufficient evidence of the age of such 
child for the purpose of this section. 

(e) Physicians' certificates: In cities of the first class only, in case 
application for the issuance of an employment certificate shall be made to 
such officer by a child's parent, guardian or custodian who alleges his inability 
to produce any of the evidence of age specified in the preceding subdivisions 
of this section, and if the child is apparently at least fourteen years of age, 
such officer may receive and file an application signed by the parent, guardian 
or custodian of such child for physicians' certificates. Such application shall 
contatn the alleged age, place and date of birth, and present residence of such 
child, ' together with such further facts as may be of assistance in determining 
the age of such child. Such application shall be filed for not less than ninety 
days after date of such application for such physicians' certificates, for an 
examination to be made of the statements contained therein, and in 6ase no 
facts appear within such period or by such examination tending to discredit 
or contradict any material statement of such application, then and not other- 
wise the officer may direct such child to appear thereafter for physical exami- 
nation before two physicians officially designated by the board of health, 
and in case such physicians shall certify in writing that they have separately 
examined such child and that in their opinion such child is at least fourteen 
years of age such officer shall accept such certificates as sufficient proof of 
the age of such child for the purposes of this section. In case the opinions 

6 



1Q2 New York State Dbpabtment of Labor. 

of such physicians do not concur, the child shall be examined by a third 
physician and the concurring opinions shall be conclusive for the purpose 
of this section as to the age of such child. 

, Such officer shall require the evidence of age specified in subdivision (a) 
in preference to that specified in any subsequent subdivision and shall not 
accept the evidence of age permitted by any subsequent subdivision unless he 
shall receive and file in addition thereto an affidavit of the parent showing 
that no evidence of age specified in any preceding subdivision or subdivisions 
of this section can be produced. Such affidavit shall contain the age, place 
and date of birth, and present residence of such child, which affidavit must 
be taken before the officer issuing the employment certificate, who is hereby 
authorized and required to administer such oath and who shall not demand 
or receive a fee therefor. Such employment certificate shall not be issued 
until such child further has personally appeared before and been examined 
by the officer issuing the certificate, and until such officer shall, after making 
luch examination, sign and file in his office a statement that the child can 
read and legibly write simple sentences in the English language and that in 
his opinion the child is fourteen years of age or upwards and has reached 
the normal development of a child of its age, and is in sound health and is 
physically able to perform the work which it intends to do. In doubtful 
cases such physical fitness shall be determined by a medical officer of the 
board or department of health. Every such employment certificate shall be 
signed, in the presence of the officer issuing the same, by the child in whose 
name it is issued. 

An amendment to the Penal Law, $ 1275, subd. 8, post, makes it a misdemeanor 
to make a false statement in relation to an application for an employment certificate. 

f 72. Contents of certificate. — Such certificate shall state the date and place 
of birth of the child, and describe the color of the hair and eyes, the height 
and weight and any distinguishing facial marks of such child, aiid that the 
papers required by the preceding section have been duly examined, approved 
and filed and that the child named in such certificate has appeared before the 
officer signing the certificate and been examined. 

I 73. School record, what to contain. — The school record required by this 
article shall be signed by the principal or chief executive officer of the school 
which such child has ^.ttended and shall be furnished, on demand, to a child 
entitled thereto or to the board, department or commissioner, of health. It 
shall contain a statement certifying that the child has regularly attended the 
public schools or schools equivalent thereto or parochial schools for not less 
than one hundred and thirty days during the twelve months next preceding 
his fourteenth birthday, or during the twelve months next preceding his appli- 
cation for such school record and is able to read and write simple sentences in 
the English language, and has received during such period instruction in 
reading, spelling, writing, English grammar and geography and is familiar 
with the fundamental operations of arithmetic up to and including fractions. 
Such school record shall also give the date of birth and residence of the 
child as shown on the records of the school and the name of its parent or 
guardian or custodian. 

Compare $8 629-630 of the Compulsory Education Law under Child Labor, post. 

i 75. Report of certificates issued. — The board or department of health 
or health commissioner of a city, village or town, shall transmit, between the 



Rbpobt of the Commissioneob of Labor, 1910. 163 

first and tenth day of each month, to the office of the commissioner of labor 
a list of the names of the children to whom certificates have been issued. 

$ 76. Registry of chUdreii employed. — Each person owning or operating a 
factory and employing children therein shall keep or cause to be kept in the 
office of such factory, a register, in which shall be recorded the name, birth- 
place, age and place of residence of all children so employed under the age of 
sixteen years. Such register and the certificate filed in such office shall ba 
produced for inspection upon the demand of the commissioner of labor. On 
termination of the employment of a child so registered, and whose certificate 
is so filed, such certificate shall be forthwith surrendered by the employer to 
the child or its parent or guardian or custodian. The commissioner of labor 
may make demand on an employer in whose factory a child apparently under 
the age of sixteen years is employed or permitted or suffered to work, and 
whose employment certificate is not then filed as required by this article, that 
such employer shall either furnish him, within ten days, evidence satisfactory 
to him that such child is in fact over sixteen years of age, or shall cease to 
employ or permit or suffer such child to work in such factory. The commis- 
sioner of labor may require from such employer the same evidence of age of 
such child as is required on the issuance of an employment certificate; and the 
employer furnishing such evidence shall not be required to furnish any fur- 
ther evidence of the age of the child. A notice embodying such demand may 
be served on such employer personally or may be sent by mail addressed to 
him at said factory, and if served by post shall be deemed to have been served 
at the time when the letter containing the same would be delivered in the 
ordinary course of the post. When the employer is a corporation such notice 
may be served either personally upon an officer of such corporation, or by 
sending it by post addressed to the office or the principal place of business of 
such corporation. The papers constituting such evidence of age furnished by 
the employer in response to such demand shall be filed with the commissioner, 
of labor and a material false statement made in any such paper or affidavit 
by any person shall be a misdemeanor. In case such employer shall fail to 
produce and deliver to the commissioner of labor within ten days after such 
demand such evidence of age herein required by him, and shall thereafter con- 
tinue to employ such child or permit or suffer such child to work in such 
factory, proof of the giving of such notice and of such failure to produce and 
file such evidence shall be prima facie evidence in any prosecution brought for 
a violation of this article that such child is imder sixteen years of age and is 
unlawfully employed. 

§ 77. Hours of labor of children, minors and women. — 1. No child under 
the age of sixteen years shall be employed or permitted to work in or in 
connection with any factory in this state before eight o'clock in the morning, 
or after five o'clock in the evening of any day, or for more than eight hours 
in any one day, or more than six days in any one week. 

2. 'No male minor under the age of eighteen years shall be employed or 
permitted to work in any factory in this state more than six days or sixty 
hours in any one week, or for more than ten hours in any one day, except 
as hereinafter provided; nor between the hours of twelve midnight and four 
o'clock in the morning. 

3. No female minor under the age of twenty-one years and no woman shall 
be employed or permitted to work in any factory in this state before six 



164 New Yoek State Department of Labor. 

o'clock in the morning, or after nine o'clock in the evening of any day, or 
more than six days or sixty hours in any one week; nor for more than ten 
hours in any one day except as hereinafter provided. 

4. A printed notice, in a form which shall be furnished by the commis- 
sioner of labor, stating the number of hours per day for each day of the 
v^eek required of such persons, and the time when such work shall begin 
and end, shall be kept posted in a conspicuous place in each room where 
they are employed. But such persons may begin their work after the time 
for beginning and stop before the time for ending such work, mentioned in 
such notice, but they shall not othei'wise be employed, permitted or suffered 
to work in such factory except as stated therein. The terms' of such notice 
Bhall not be changed after the beginninng of labor on the first day of the 
t^eek without the consent of the commissioner of labor. The presence of such 
persons in the factory at any other hours than those stated in the printed 
notice, or if no such notice be posted, before seven o'elock in the morning or 
after six o'clock in the evening, shall constitute prima facie evidence of a 
violation of this section. 

5. In a factory wherein, .owing to the nature of the work, it is practi- 
cally impossible to fix the hours of labor weekly in advance the commis- 
sioner of labor, upon a proper application stating facts showing the neces- 
sity therefor, shall grant a permit dispensing with the notice hereii\before 
required, upon condition that the daily hours of labor be posted for the 
information of employees and that a time book in a form to be approved by 
him, giving the names and addresses of all female employees and the hours 
worked by each of them in each day, shall be properly and correctly kept, 
and shall be exhibited to him or any of his subordinates promptly upon 
demand. Such permit shall be kept posted in sueh place in such factory at 
such commissioner may prescribe, and may be revoked by such commissioner 
at any time for failure to post it or the daily hours of labor or to keep or 
exhibit such time book as herein provided. 

6. Where a female or male minor is employed in two or more factories or 
mercantile establishments in the same day or week the total time of employ- 
ment must not exceed that allowed per day or week in a single factory or 
mercantile establishment; and any person who shall require or permit a 
female to work in a factory between the hours of six o'clock in the evening 
and seven o'clock in the morning in violation of the provisions of this sub- 
division of this section, with or without knowledge of the previous or other 
employment, shall be liable for a violation thereof. 

Compare §§ 101 and 161-a, post. 

The limitation of the working hours of women to sixty per week is constitutional : 
People V. Howe, Court of Special Sessions, Oct., 1906 (Report of .Com. of Labor, 
1906, p. 119; Department of Labor Bulletin, Dec, 1906, p. 483). 

The prohibition of the employment of women over 21 years of age between 9 
p. M. and A. M. is unconstitutional: People v. Williams, 189 N. Y. 131 (1907). 

§ 78. Exceptions. — 1. A female sixteen years of age or upwards and a male 
between the ages of sixteen and eighteen may be employed in a factory more 
than ten hours a day: — (a) regularly in not to exceed five days a week, in 
order to make a short day or a holiday on one of the six working days of the 
week; (b) irregularly in not to exceed three days a week; provided that no 
such person shall be required or permitted to work more than twelve hours 



Report of the Commissioner of Labor, 1910. 165 

in any one day or more than sixty hours in any one week, and that the 
provisions of the preceding section as to notice or time book be fully complied 
with. 

2. In a prosecution for a violation of any provision of this or of the 
preceding section the burden of proving a permit or exception, shall be upon 
the party claiming it. 

§ 79. Inclosure and operation of elevators and hoisting shafts; inspection. — 
If, in the opinion of the commissioner of labor, it is necessary to protect the 
life or limbs of factory employees, the owner, agent or lessee of such factory 
where an elevator, hoisting shafts or well hole is used, shall cause, upon 
written notice from the commissioner of labor, the same to be properly and 
substantially inclosed, secured or guarded, and shall provide such proper 
traps or automatic doors so fastened in or at all elevator ways, except pas- 
senger elevators inclosed on all sides, as to form a substantial surface when 
closed and so constructed as to open and close by action of the elevator in its 
passage either ascending or descending. The commissioner of labor may 
inspect the cable, gearing or other apparatus of elevators in factories and 
require them to be kept in a safe condition. ]A8 am'd by L. 1909, ch. 299.] 

Violation is not only a - misdemeanor (P^nal Law, § 1275, subd. 4, post) but 
renders master liable in case of injury to employees (§ 202, post). The owner of 
u tenant factory cannot by any lease escape responsibility for observance of this 
section (§ 94, post; Cf. also note to section J86, ante). 

8 80. Stairs and doors. — Proper and substantial hand rails shall be pro- 
vided on all stairways in factories. The steps of such stairs shall be covered 
with rubber, securely fastened thereon, if in the opinion of the commissioner 
of labor the safety of employees would be promoted thereby. The stairs 
shall be properly screened at the sides and bottom. All doors leading in 
or to any such factory shall be so constructed as to open outwardly where 
practicable, and shall not be locked, bolted or fastened during working 
hours. No door, window or other opening on any floor of any such factory 
shall be obstructed by stationary metal bars, grating or wire mesh. Any 
metal bars, grating, or wire mesh provided for any such doors, windows 
or openings, shall be so constructed as to be readily movable or removable 
from the interior in such a manner as to afford the free and unobstructed 
use of such doors, windows or opening for purposes of egress, in case of 
need. [As am'd by L, 1910, ch, 461.] 

Violation both constitutes a misdemeanor (Penal Law, § 1275, post) and renders 
master liable in case of injury to employees (§ 202, post). In a tenant-factory 
both owner and occupant are responsible for observance of this section (§ 94, post ; 
Cf. also note to § 86, ante.) 

§ 81. Protection of employees operating machinery. — The owner or person 
in charge of a factory where machinery is used, shall provide, in the discre- 
tion of the commissioner of labor, belt shifters or other mechanical con- 
trivances for the purpose of throwing on or off belts on pulleys. Whenever 
practicable, all machinery shall be provided with loose pulleys. All vats, 
pans, saws, planers, cogs, gearing, belting, shafting, set-screws and machinery, 
of every description shall be properly guarded. No person shall remove or 
make ineffective any safeguard around or attached to machinery, vats or 
pans, while the same are in use, unless for the purpose of immediately 
making repairs thereto, and all such safeguards so removed shall be promptly 



166 New Yobk State Department of Labor. 

replaced. All grinding, polishing or buffing wheels used in the course of 
the manufacture of articles of the. baser metals shall be equipped with 
proper hoods and pipes and such pipes shall be connected to an exhaust 
fan of sufficient capacity and power to remove all matter thrown off such 
wheels in the course of their use. Such fan shall be kept running constantly 
while such grinding, polishing or buffing wheels are in operation; except 
that in case of wet grinding it is unnecessary to comply with this pro- 
vision. All machinery creating dust or impurities shall be equipped with 
proper hoods and pipes and such pipes shall be connected to an exhaust 
fan of sufficient capacity and power to remove such dust or impurities; such 
fan shall be kept running constantly while such machinery is in use; except 
where, in case of wood-working machinery, the commissioner of labor, after 
first making and filing in the public records of his office a written state- 
ment of the reasons therefor, shall decide that it is unnecessary for the 
health and welfare of the operatives. If a machine or any part thereof is 
in a dangerous condition or is not properly guarded, the use thereof may 
be prohibited by the commissioner of labor and a notice to that effect shall 
be attached thereto. Such notice shall not be removed until the machine 
is made safe and the required safeguards are provided, and in the meantime 
such unsafe or dangerous machinery shall not be used. When in the 
opinion of the commissioner of labor it is necessary, the work-rooms, halls 
and stairs leading to the work-rooms shall be properly lighted, and in 
cities of the first class, if deemed necessary by the commissioner of labor, 
a proper light shall be kept burning by the owner or lessee in the public 
hallways near the stairs upon the entrance fioor and upon the other floors 
on every work day in the year> from the time when the building is opened 
for use in the morning until the time it- is closed in the evening, except 
at times when the influx of natural light shall make artificial light unneces- 
sary. Such lights shall be independent of the motive power of such factory. 
[As am'd by L. 1909, ch, 299, and L. 1910, ch. 106.] 

In absence of direction of factory inspector, failure to supply guards !■ not 
violation (Knisley v. Fratt, 75 Hun 323). But non-compliance with the section 
renders the maister liable in case of injury to employees (§ 202, post). In a 
tenant-factory both owner and occupant are responsible for lighting of halls and 
stairs (§ 94, post; Cf. also note to § 86, ante). 

§ 82. Fire escapes. — Such fire escapes as may be deemed necessary by the 
commissioner of labor shall be provided on the outside of every factory in 
this state consisting of three or more stories in height. Each escape shall 
connect with each fioor above the first, and shall be of sufficient strength, well 
fastened and secured, and shall have landings or balconies not less than six 
feet in length and three feet in width, guarded by iron railings not less than 
three feet in height, embracing at least two windows at each- story and con- 
nected with the interior by easily accessible and unobstructed openings. The 
balconies or landings shall be connected by iron stairs, not less than eighteen 
inches wide, with steps of not less than six inches tread, placed at a proper 
slant and protected by a well-secured handrail on both sides, and shall have 
a drop ladder not less than twelve inches wide reaching from the lower 
platform to the ground. 

The windows or doors to the landing or balcony of each fire escape shall be 
of sufficient size and located as far as possible, consistent with accessibility. 



Rbpobt of the Commissioner of La.bob, 1910. 167 

from the stairways and elevator hatchways or openings^ and a ladder from 

such fire escapes shall extend to the roof. Stationary stairs or ladders shall be 

provided on the inside of every factory from the upper story to the roof, as a 

means of escape in case of fire. 

Penalty for non-compliance: see Penal Law, § 1275, subd. 4. Liability: see 
§ 202, post. In a tenant-factory the owner alone Is responsible for observance of 
this section (f 94, poH). 

§ 83. Commissioner of labor may order erection of fire escapes.— Any other 
plan or style of lire escape shall be sufficient if approved in writing by the 
commissioner of labor. If there is no fire escape, or the fire escape in use 
is not approved by the commissioner of labor, he may, by a written order 
served upon the owner, proprietor or lessee of any factory, or the agent or 
superintendent thereof, or either of them, require one or more fire escapes 
to be provided therefor, at such locations and of such plan and style as 
shall be specified in such order. Within twenty days after the service 
of such order, the number of fire escapes required therein shall be pro- 
vided, each of which ehall be of the plan and style specified in the order, 
or of the plan and style described in the preceding section. If any of the 
doors, windows or other openings of any fioor of any factory is obstructed 
by any form of stationary metal bars, gratings, or wire mesh, or if any 
metal obstruction or protective device for any such door, window or opening 
is not approved by the commissioner of labor, he shall, by a written order 
served upon the owner, proprietor or lessee of any factory, or the agent or 
superintendent thereof, or either of them, require such stationary bars, 
grating, mesh or other stationary obstruction to be forthwith removed. Im- 
mediately after the service of such order, the said stationary bars, grating 
or other obstruction shall be removed. [As am'd hy L, 1910, ch, 461.] 

In New York City jurisdiction over the subject of fire escapes is vested exclusively 
in the local superintendent of buildings : City of New York v. Trustees of Sailors' 
Snug Harbor, 85 App. Div. 355 ; aff'd, 180 N. Y. 527 (mem.). See also opinion of the 
Attorney-General, January 16, 1904 (Third General Report of the Department of 
Labor, p. 121). 

In a tenant-factory the owner alone is responsible for observance of this section 
($ 94, post). 

§ 84. Walls, ceilings, floors and receptacles. — ^The walls and ceilings of 
each workroom in a factory shall be lime washed or painted, when in the 
opinion of the commissioner of labor, it will be conducive to the health or 
cleanliness of the persons working therein. Floors shall be maintained in a 
safe condition and shall be kept clean and sanitary at all times. No person 
shall spit or expectorate upon the walls, floors, or stairs of any building 
used in whole or in part for factory purposes. Sanitary cuspidors shall be 
provided, in the discretion of the commissioner of labor, in every work- 
room in a factory in such numbers as the commissioner of labor may 
determine. Such cuspidors shall be thoroughly cleaned daily. Suitable 
receptacles shall be provided and used for the storage of waste and refuse; 
such receptacles shall be maintained in a sanitary condition. [As am'd hy 
L. 1910, cK 114.] 

In tenant-factories responsibility for cleanliness of halls, etc. is placed upon the 
owner by section 94, post. 

Of. special requirements for bakeries in 5f 112 and 114, post; and for laundries 
in S 92. 



168 New York State Department of Labor. 

§ 86. Size of rooms. — No more employees shall be required or permitted 
to work in a room in a factory between the hours of six o'clock in the morn- 
ing and six o'clock in the evening than will allow to each of such employees, 
not less than two hundred and fifty cubic feet of air space; and, unless by 
a written permit of the commissioner of labor, not less than four hundred 
cubic feet for each employee, so employed between the hours of six o'clock 
in the evening and six o'clock in the morning, provided such room is lighted 
by electricity at all times during such hours, while persons are employed 
therein. 

Cf. requirement as to height of ceilings in bakeries in § 112, post. 

§ 86. Ventilation. — The owner, agent or lessee of a factory shall provide, 
in each workroom thereof, proper and suflBcient means of ventilation, and 
shall maintain proper and sufficient ventilation; if excessive heat be created 
or if steam, gases, vapors, dust or other impurities that may be injurious to 
health be generated in the course of the manufacturing process carried on 
therein the room must be ventilated in such a manner as to render them 
harmless, so far as is practicable; in case of failure the' commissioner of labor 
shall order -such ventilation to be provided. Such owner, agent or lessee shall 
provide such ventilation within twenty days after the service upon him of 
such order, and in case of failure, shall forfeit to the people of the state, ten 
dollars for each day after the expiration of such twenty days, to be recovered 
by the commissioner of labor. 

Section 94, post, makes the owner as well as occupant in a tenant-factory respon- 
sible for observance of this se<^tion and the owner of a factory building is liable 
for a violation of this section even though by the terms of a lease a tenant agrees 
to comply with the law : People ex rel. Williams v. Eno, 134 App. Div. 527. 

Cf. special requirements for bakeries in §§ 111 and 114, post. . 

§ 87. Accidents to be reported. — The person in charge of any factory shall 
keep a correct record of all deaths, accidents or injuries sustained by any 
person therein or on the premises, in such form as may be required by the 
commissioner of labor. Such record shall be open to the inspection of the 
commissioner of labor and a copy thereof shall be furnished to the said 
commissioner on demand. Within forty-eight hours after the time of the 
accident, death or injury, a report thereof shall be made in writing to the 
commissioner of labor, stating as fully as possible the cause of the death 
or the extent and cause of the injury, and the place where the injured 
person has been sent, with such other or further information relative thereto 
as may be required by the said commissioner, who may investigate the causes 
thereof and require such precautions to be taken as will prevent the recur- 
rence of similar happenings. No statement contained in any such report 
shall be admissible in evidence in any action arising out of the death or 
accident therein reported. [As am*d hy L. 1910, ch. 155.] 

Compare § 20-a, onfe^ (building accidents) and § 126, post (accidents in mines 
and quarries) ; also §§ 47, 66 and 94 of the Public Service Commissions Law 
(Ch. 48 of Consolidated Laws). 

§ 88. Drinking water, wash-room and water-closets. — In every factory 
there shall be provided at all times for the use of employees, a sufficient 
supply of clean and pure drinking water. Such water shall be supplied 
through proper pipe connections with water mains through which is con- 
veyed the water used for domestic purposes, or, from a spring or well or body 
of pure water; if such drinking water be placed' in receptacles in the 



Report of the Commissioner of Labor, 1910. 169 

factory, such receptacles shall be properly covered to prevent contamination 
and shall be thoroughly cleaned at frequent intervals. In every factory 
there shall be provided and maintained for the use of employees, siutable and 
convenient wash-rooms, adequately equipped with sinks and proper water serv- 
ice. Where females are employed, dressing or emergency rooms shall be pro- 
vided for their use; each such room shall have at least one window opening 
to the outer air and shall be enclosed by means of solid partitions or walls. 
In brass and iron foundries suitable provision shall be made and maintained 
for drying the working clothes of persons employed therein. In every factory 
there shall be provided suitable and convenient water-closets for each sex, 
in such number as the commissioner of labor may determine. Such water- 
closets shall be properly screened, lighted, ventilated and kept clean and 
sanitary; the enclosure of each closet shall be kept clean and sanitary and 
free from all obscene writing or marking. The water-closets used by females 
shall be entirely separated from those used by males and the entrances 
thereto shall be effectively screened. The water-closets shall be maintained 
inside the factory whenever practicable and in all cases, when required by the 
commissioner of labor. [As €mn*d hy L. 1910, ch. 229.] 

In a tenant-factory the owner must provide water-closets, and the necessary 
plumbing and water to enable occupants to comply with all the provisions of this 
section (| 94, post). 

Cf. special requirements for bakeries in § 113, post. 

§ 89. Time allowed for meals. — In each factory at least sixty minutes shall 
be allowed for the noon-day meal, unless the commissioner of labor shall 
permit a shorter time. Such permit must be in writing and conspicuously 
posted in the main entrance of the factory, and may be revoked at any. time. 
Where employees are required or permitted to work overtime for more than 
one hour after six o'clock in the evening, they shall be allowed at least 
twenty minutes to obtain a lunch, before beginning to work overtime. 

§ 90. Inspection of factory buildings. — The commissioner of labor, or other 

competent person designated by him, upon request, shall examine any factory 

outside of the cities of New York and Brooklyn, to determine whether it is 

in a safe condition. If it appears to him to be unsafe, he shall immediately 

notify the owner, agent or lessee thereof, specifying the defects, and require 

such repairs and improvements to be made as he may deem necessary. II 

the owner, agent or lessee shall fail to comply with such requirement, he 

shall forfeit to the people of the state the sum of fifty dollars, to be recovered 

by the commissioner of labor in his name of ofOice. 

In a tenant-factory the owner alone is responsible for observance of this section 
(J 94, post). 

S 91. Inspection of boilers in factories. — All boilers used for generating 
steam or heat for factory purposes shall be kept in good order, and the 
owner, agent, manager or lessee of such factory shall have such boilers in- 
spected by a competent person approved by the commissioner of labor once 
in six months, and shall file a certificate showing the result thereof in such 
factory office and a duplicate thereof in the office of the commissioner of labor. 
Each boiler or nest of boilers used for generating steam or heat for factory 
purposes shall be provided with a proper safety-valve and with steam and 
water *guages, to show, respectively, the pressure of steam and the height 



* So In original. 



lYO New Yobk State Depabtment of Labob. 

of water in the boilers. Every boiler house in which a boiler or nest of 
boilers is placed, shall be provided with a steam gauge properly connected 
with the boilers, and i^nother steam gauge shall be attached to the steam 
pipe in the engine house, and so placed that the engineer or fireman can 
readily ascertain the pressure carried. Nothing in this section shall apply 
Jto boilers in factories which are regularly inspected by competent inspectors 
acting under the authority of local laws or ordinances. 

In a tenant-factory both owner and occupant are responsible for observance of 
this section ({ 94, post). 

For annual inspection of boilers in New York City, see § 342 of the charter, given 
under topic " Inspection of steam boilers, etc." under Licensing op Trades, post. 

Inspection of boilers on steamboats is provided for by if 6-0 of the Navigation 
Law (ch. 37 of the Consolidated Laws). 

Locomotive boiler inspection, see Railroad Law, § 72, given under " Inspection 
of Locomotive Boilers " under Railway Labob, poet, 

i 92. Laundries. — A shop, room or building where one or more persons are 
employed in doing pu1)lic laundry work by way of trade or for purposes of 
gain is a factory within the meaning of this chapter, and shall be subject to 
the visitation and inspection of the commissioner of labor and the provisions 
of this chapter in the same manner as any other factory, Xo such public 
laundry work shall be done in a room used for a sleeping or living room. 
All such laundries shall be kept in a clean condition and free from vermin 
and all impurities of an infectious or contagious nature. This section shall 
not apply to any female engaged in doing custom laundry work at her home 
for a regular family trad«. 

An hotel laundry is noi: a public laundry. Opinion of the Attorney-General, 
March 5 and September 28, 1906. 

• 

§ 93. Prohibited employment of women and children. — No child under the 
age of sixteen years shall be employed or permitted to work in operating or 
assisting in operating any of the following machines: circular or band saws, 
wood shapers, woodjointers, planers, sandpaper or wood polishing machinery; 
picker machines or machines used in picking wool, cotton, hair or any 
upholstering material; paper lace machines; burnishing machines in any 
tannery or leather manufactory; job or cylinder printing presses having 
motive power other than foot; woodturning or boring machinery; drill 
presses; metal or paper cutting machines; corner staying machines in paper 
box factories; stamping machines used in sheet metal and tinware manu- 
facturing or in washer and nut factories; machines used in making corrugat- 
ing rolls; steam boilers; dough brakes or cracker machinery of any descrip- 
tion; wire or iron straightening machinery; rolling mill machinery, power 
punches or shears; washing, grinding or mixing machinery, 'calendar rolls 
in rubber manufacturing; or laundering machinery. No child under the age 
of sixteen years shall be employed or permitted to work at adjusting or as- 
sisting in adjusting any belt to any machinery; oiling or assisting in oiling, 
wiping or cleaning machinery; or in any capacity in preparing any composi- 
tion in which dangerous or poisonous acids are used; or in the manufacture 
or packing of paints, dry colors, or red or white lead; or in dipping, dyeing 
or packing matches; or in the manufacture, packing or storing of powder, 
dynamite, nitro glycerine, compounds, fuses, or other explosives; or in or 
about any distillery, brewery, or any other establishment where malt or 



^ So in original. 



Report of the Commissioner of Labor, 1910. 171 

alcoholic liquors are manufactured, packed, wrapped, or bottled; and no 
female under the age of sixteen shall be employed or permitted to work 
in any capacity where such employment compels her to remain standing con- 
stantly. No child under the age of sixteen years shall be employed or 
permitted to have the care, custody or management of or to operate an 
elevator either for freight or passengers. No person under the age of 
eighteen years shall be employed or permitted to have the care, custody or 
management of or to operate an elevator either for freight or passengers 
running at a speed of over two hundred feet a minute. No male person under 
eighteen years or woman under twenty-one years of age shall be permitted 
or directed to clean machinery while in motion. No male child under the 
age of eighteen years, nor any female, shall be employed in any factory 
in this state in operating or using any emery, tripoli, rouge, corundum, stone, 
carborundum or any abrasive, or emery polishing or bufBng wheel, where 
articles of the tbaser metals or of iridium are manufactured. [As am*d by 
L. 1909,. ch. 299 y and L. 1910, ch. 107.] 

Children may not assume the obvious risks of operating dangeroas machinery 
contrary to this section, violation of which is prima facie evidence of negligence. 
Gallenkamp v. Garvin Machine Co., 179 N. Y. 588, reversing 01 App. Div. 141, on 
dissenting opinion below ; and Rahn v. Standard Optical Co., 110 App. Div. 501. 
See also § 202, poet. 

S 94. Tenant-factories. — A tenant-factory within the meaning of the term 
as used in this chapter is a building, separate parts of which are occupied 
and used by different persons, companies or corporations, and one or more of 
which parts is so used as to constitute in law a factory. The owner, whether 
or not he is also one of the occupants, instead of the respective lessees or 
tenants, shall be responsible for the observance and punishable for the non- 
observance of the following provisions of this article,- anything in any lease 
to the contrary notwithstanding, — namely, the provisions of sections seventy- 
nine, eighty, eighty-two, eighty-three, eighty-«ix, ninety and ninety-one, and 
the provisions of section eighty-one with respect to the lighting of halls and 
stairways; except that the lessees or tenants also shall be responsible for the 
observance and pimishable for the nonobservance of the provisions of sections 
seventy-nine, eighty, eighty-six and ninety-one within their respective holdings. 
The owner of every tenant-factory shall provide each separate factory therein 
with water-closets in accordance with the provisions of section eighty-eight, 
and with proper and sufficient water and plumbing pipes and a proper and 
sufficient supply of water to enable the tenant or lessee thereof to comply with 
all the provisions of said section. But as an alternative to providing water- 
closets within each factory as aforesaid, the owner may provide in the public 
hallways or other parts of the premises used in common, where they will be 
it all times readily and conveniently accessible to all persons employed on the 
premises not provided for in accordance with section eighty-eight, separate 
water-closets for each sex, of sufficient numbers to accommodate all such per- 
sons. Such owner shall keep all water-closets located as last specified at all 
times provided with proper fastenings, and properly screened, lighted, venti- 
lated, clean, sanitary and free from all obscene writing or marking. Outdoor 
water-closets shall only be permitted where the commissioner of labor shall 
decide that they are necessary or preferable, and they shall then be provided in 



1T2 New York State Department of Labor. 

all respects in accordance with his directions. The owner of every tenant-fac- 
tory shall keep the entire building well drained and the plumbing thereof in a 
clean and sanitary condition ; and shall keep the cellar, basement, yards, area- 
ways, vacant rooms and spaces, and all parts and places used in common in a 
clean, sanitary and safe condition, and shall keep such parts thereof as may 
reasonably be required by the commissioner of labor properly lighted at all 
hours or times when said building is in use for factory purposes. The term 
" owner " as used in this article shall be construed to mean the owner or owners 
of the freehold of the premises, or the lessee or joint lessees of the whole thereof, 
or his, her or their agent in charge of the property. The lessee or tenant 
of any part of a tenant-factory shall permit the owner, his agents and 
servants, to enter and remain upon the demised premises whenever and so 
long as may be necessary to. comply with the provisions of law, the responsi- 
bility for which is by this section placed upon the owner; and his failure or 
refusal so to do shall be a cause for dispossessing said tenant by summary 
proceedings to recover possession of real property, as provided in the code 
of civil procedure. And whenever by the terms of a lease any lessee or tenant 
shall have agreed to comply with or carry out any of such provisions, his 
failure or refusal so to do shall be a cause for dispossessing said tenant by 
summary proceedings as aforesaid. Except as in this article otherwise pro- 
vided the person or persons, company or corporation conducting or operating 
a factory whether as owner or lessee of the whole or of a part of the building 
in which the same is situated or otherwise, shall be responsible for the ob- 
servance and punishable for the nonobservance of the provisions of this article, 
anything in any lease or agreement to the contrary notwithstanding. 

S 95. Unclean tenant-factories. — If the commissioner of labor finds evi- 
dence of contagious disease present in any tenant-factory in which any of 
the articles enumerated in section one hundred hereof are manufactured, 
altered, repaired or finished he shall aflSx to any such articles jexposed to 
such contagion a label containing the word " unclean " and shall notify tlie 
local board of health, who may disinfect such articles and thereupon remove 
such label. If the commissioner of labor finds any of the articles specified, 
in. said section in any workroom or factory in a tenant-factory which is foul, 
unclean or unsanitary, he may, after first making and filing in the public 
records of his office a written order stating the reasons therefor, aflix to 
such articles a label containing the word " unclean." No one but the com- 
missioner of labor shall remove any label so afiixed; and he may refuse to 
remove it until such articles shall have been removed from such factory and 
cleaned, or until such room or rooms shall have, been cleaned or made sanitary. 

Formerly L. 1897, eh. 415, $ 95, as added by L. 1906, ch. 178, S 1. 

§ 96. Definition of "custodian." — The word "custodian" as used in this 
article shall include any person, organization or society having the custody 
of a child. 



Report of the Commissioner of Labor, 19'10. 1T3 



article: 7. 

Tenement-Made Artielea. 

[Note. — An earlier statute (L. 1884, ch. 272), irhich attempted to prohibit the 
manufacture of cigars in tenements, was declared unconstitutional {Matter of 
Jacobs, 98 N. T. 98). Violation is a misdemeanor (Penal Law, {1275, subd, 6, 
post), "Tenement house'* is defined in $2, ante.] 

Section 100. Manufacturing, altering, repairing or finishing articles In tenements. 

101. Register of persons to whom worls Is given. 

102. Goods unlawfully manufactured to be labeled. 

103. Powers and duties of boards of health relative to tenement-made articles. 

104. Inspection of articles manufactured in other stated. 

105. Owners of tenement and dwelling houses not to permit the unlawful use 

thereof. 

§ 100. Manufacturing, altering, repairing or finishing articles in tenements. 
— 1. No tenement-house nor any part thereof shall be used for the purpose 
of manufacturing, altering, repairing or finishing therein, any coats, vests, 
knee-pants, trousers, overalls, cloaks, hats, caps, suspenders, jerseys, blouses, 
dresses, waists, waistbands, underwear, neckwear, furs, fur trimmings, fur 
garments, skirts, shirts, aprons, purses, pocket-books, slippers, paper boxes, 
paper bags, feathers, artificial flowers, cigarettes, cigars, umbrellas, or articles 
of rubber, nor for the purpose of manufacturing, preparing or packing maca- 
roni, spaghetti, ice cream, ices, candy, confectionery, nuts or preserves, without 
a license therefor as provided in this article. But nothing herein contained 
shall apply to collars, cuffs, shirts or shirt waists made of cotton or linen 
fabrics that are subjected to the laundrying process before being offered for 
sale. 

2. Application for such a license shall be made to the commissioner of 
labor by the owner of such tenement-house, or by his duly authorized agent. 
Such application shall describe the house by street number or otherwise, as 
the case may be, in such manner as will enable the commissioner of labor 
easily to find the same; it shall also state the number of apartments in such 
bouse; it shall contain the full name and address of the owner of the said 
house, and shall be in such form as the commissioner of labor may determine. * 
Blank applications shall be prepared and furnished by the commissioner of 
labor. 

3. Upon receipt of such application the commissioner of labor shall consult 
the -records of the local health department or boai^d, or other appropriate 
local authority charged with the duty of sanitary inspection of such houses; 
if such records show the presence of any infectious, contagious or com- 
mimicable disease, or the existence of. any uncomplied-with orders or viola- 
tions which indicate the presence of unsanitary conditions in such house, the 
'commissioner of labor may, without making an inspection of the building, 
deny such application for a license, and may continue to deny such applica- 
tion until such time as the records of said department, board or other local 
authority show that the said tenement-house is free frorai the presence of 
infectious, contagious or communicable disease, an^ from, all unsanitary con- 
ditions. Before, however,, any such license is granted, an inspection of the 
building sought to be licensed must be made by the commissioner of labor, 
and a statement must be filed by him as a matter of public record, to the 
effect that the records of the local health department or board or other 



1'74 New York State Department of Labor. 

appropriate authority charged with the duty of sanitary inspection of such 
houses show the 'existence of no infectious, contagious or communicable disease 
nor of any unsanitary conditions in the said house; such statement must 
be dated and signed in ink with the full name of the employee responsible 
therefor. A similar statement similarly signed, showing the' results of the 
inspection of the said building, must also be filed in the office of the com- 
missioner of labor before any license is granted. If the commissioner of labor 
ascertain that such building is free from infectious, contagious or commu- 
nicable disease, that there are no defects of plumbing that will perifiit the 
free entrance of sewer air, that such building is in a clean and proper san- 
itary condition and that the articles specified in this section may be manu- 
factured therein under clean and healthful conditions, he shall grant a 
license permitting the use of such building, for the purpose of manufacturing, 
altering, repairing or finishing such articles. 

4. Such license may be revoked by the commissioner of labor if the health 
of the community or of the employees requires it, or if th-e owner of the said 
tenement-house, or his duly authorized agent, fails to comply with the orders 
of the commissioner of labor within ten days after the receipt of such orders, 
or if it appears that the building to which such license relates is not in a 
healthy and proper sanitary condition. Tn every case where a license is 
revoked ^r denied by the commissioner of labor the reasons therefor shall be 
stated in writing, and the records of such ^revocation or denial shall be deemed 
public records. Where a license is revoked, before such tenement-house can 
again be used for the purposes specified in this section, a new license must 
be obtained, as if no license had previously existed. 

5. Every tenement-house and all the parts thereof in which any of the 
articles named in this section are manufactured, altered, repaired or finished 
shall be kept in a clean and sanitary condition and shall be subject to in- 
spection and examination by the commissioner of labor, for the purpose of 
ascertaining whether said garments or articles, or part or parts thereof, are 
clean and free, from vermin and ervery matter of an infectious or contagious 
nature. An inspection shall be made by the commissioner of labor of each 
licensed tenement-house not less than once in every six months, to determine 
its sanitaty condition, and shall include all parts of such house and the 
plumbing thereof. • Before making such inspection the commissioner of labor 
may consult the records of the local department or board charged with the 
duty of sanitary inspection of tenement-houses, to determine the frequency 
of orders issued by such department or board in relation to the said tenement- 
house, since the last inspection of such building was made by the commissioner 
of labor. Whenever the commissioner of labor finds any unsanitary condition 
in a tenement-house for which a license has been issued as provided in this 
section, he shall at once issue an order to the owner thereof directing him 
to remedy such condition forthwith. Whenever the commissioner of labor 
finds any of the articles specified in this section manufactured, altered, re- 
paired or finished, or in process thereof, in a room or apartment of a tenement- 
house, and such room or apartment is in a filthy condition, he shall notify 
the tenants thereof to immediately clean the same, and to maintain it in a 
cleanly condition at all times; where the commissioner of labor finds such 
room or apartment to be habitually kept in a filthy condition, he may in his 
discretion cause to be affixed to the entrance door of such apartment a 



KUFOBT OF THE COJiMIfiSIONEB OP LabOB^ 1910. 175 

placard calling attention to such facts and prohibiting the manufacture, altera- 
tion, repair or finishing of said articles therein. No person, except the com- 
missioner of labor, shall remove or deface any such placard so affixed. 

See provision for " tBigging " of infected or unclean goods specified in this section, 
in tenant-factories in 8 04, ante. 

6. None of the articles specified in this section shall be manufactured, 
altered, repaired or finished in any room or apartment of a tenement-house 
where there is or has been a case of infectious, contagious or communicable 
disease in such room or apartment, until such time as the local department 
or board of health shall certify to the commissioner of labor that such disease 
has terminated, and that said room or apartment has been properly disinfected, 
if disinfection after such disease is required by the local ordinances, or by 
the rules or regulations of such department or board. None of the articles 
specified in this section shall be manufactured, altered, repaired or finished 
in a part of a cellar or basement of a tenement-house, which is more than 
one-half of its height below the level of the curb or ground outside of or 
adjoining the same. No person shall hire, employ or contract with any person 
to manufacture, alter, repair or finish any of the articles named in this 
section in any room or apartment in any tenement-house not having a license 
therefor issued as aforesaid. Kotie of the articles specified in this section 
shall be manufactured, altered, repaired bt finished in any room or apart- 
ment of a tenement-house unless s$iid room or apartment shall be well lighted 
and ventilated and shall contain at least five hundred cubic feet of air space 
for every person working therein, or by any person other than the members 
of the family living therein; except that in licensed tenement-houses persons 
not members of the family may be employed in apartments on the ground 
fioor or second fioor, used only for shops of dressmakers who deal solely in 
the custom trade direct to the consumer, provided that such apartments shall 
be in the opinion of the commissioner of labor in the highest degree sanitary, 
well lighted, well ventilated and plumbed, and provided further that the 
whole number of persons therein shall not exceed one to each one thousand 
cubic feet of air space, and that there shall be no children under fourteen 
years of age living or working therein; before any such room or apartment 
can be so used a special permit therefor shall be issued by the commissioner 
of labor, a copy of which shall be entered in his public records with a state- 
ment of the reasons therefor. 

Nothing in this section contained shall prevent the employment of a tailor 
or seamstress by any person or family for the purpose of making, altering, 
repairing or finishing any article of wearing apparel for the use of such 
person or family. Nor shall this section apply to a house if the only work 
therein on the articles herein specified be carried on in a shop on the main 
or ground fioor thereof with a separate entrance to the street., unconnected 
with living rooms and entirely separate from the rest of the building by 
closed partitions without any openings whatsoever and not used for sleeping 
or cooking. 

§ 101. Register of persons to whom work is given. — Persons contracting for 
the manufacturing, altering, repairing or finishing of any of the articles 
mentioned in section one hundred of this article or giving out material from 
which they or any part of them are to be manufactured, altered, repaired or 
AniBhed^ shall keep a register of the names and addresses plainly written in 



1*76 New Yokk State Department of Labor. 

English of the persons to whom such articles or materials are given to be so 
manufactured, altered, repaired or finished or with whom they have con- 
tracted to do the same. It shall be incumbent upon all persons contracting 
for the manufacturing, altering, repairing or finishing of any of the articles 
specified in section one hundred of this article or giving out material from which 
they or any part of them are to be manufactured, altered, repaired or finished, 
before giving out the same to ascertain from the office of the commissioner of 
labor whether the tenement-house in which such articles or materials are to 
be manufactured, altered, repaired' or finished, is licensed as provided in this 
article, and also to ascertain from the local department or board of health the 
names and addresses of all persons then sick of any infectious, contagious or 
communicable disease, and residing in tenement-houses; and none of the said 
articles nor any material from which they or any part of them are to be 
manufactured, altered, repaired or finished shall be given out or sent to any 
person residing in a tenement-house that is not licensed as provided in this 
article, or to any person residing in a room or apartment in which there exists 
any infectious, contagious or communicable disease. The register mentioned 
in this section shall be subject to inspection by the commissioner of labor. 
and a copy thereof shall be furnished on his demand as well as such other 
information as he may require. 

§ 102. Goods unlawfully manufactured to be labeled.— Articles manufac- 
tured, altered, repaired or finished contrary to the provisions of section one 
hundred of this chapter shall not be sold or exposed for sale by any person. 
The commissioner of labor may conspicuously affix to any such article found 
to be unlawfully manufactured, altered, repaired or finished, a label contain- 
ing the words " tenement made " printed in small pica capital letters on a tag 
not less than four inches in length, or may seize and hold such article until 
the same shall be disinfected or cleaned at the owner's expense. The com- 
missioner of labor shall notify the person stated by the person in possession 
of said article to be the owner thereof, that he has so labeled or seized it. 
No person except the commissioner of labor shall remove or deface any tag 
or label ro affixed. Unless the owner or person entitled to the possession of 
an article so seized shall provide for the disinfection or cleaning thereof 
within one month thereafter it may be destroyed. 

§ 103. Powers and duties of boards of health relative to tenement-made 
articles. — If the commissioner of labor finds evidence of disease present in 
a workshop or in a room or apartment in a tenement-house or dwelling house, 
in which any of the articles named in section one hundred of this chapter are 
manufactured, altered, repaired or finished or in process thereof, he shall 
affix to such articles the label prescribed in the preceding section, and imme- 
diately report to the local board of health, who shall disinfect such articles, 
if necessary, and thereupon remove such label. If the commissioner of labor 
finds that infectious or contagious diseases exist in a workshop, room or 
apartment of a tenement or dwelling house in which any of the articles speci- 
fied in section one hundred of this chapter are being manufactured, altered, 
repaired or finished, or that articles manufactured or in process of manu- 
facture therein are infected or that goods used therein are unfit for use, he 
shall report to the local board of hoalth. The local health department or 
board in every city, town and village whenever there is any infectious, con- 
tagious or communicable disease in a tenement-house shall cause an inspec- 



Repobt of the Commissioner of Labok, 1910. 177 

tion of such tenement-house to be made within forty-eight hours. If any of the 
articles specified in section one hundred of this chapter are found to be manu- 
factured, altered, repaired or finished, or in process thereof in an apartment in 
which such disease exists, such board shall issue such order as the public 
health may require, and shall at once report such facts to the commissioner 
of labor, furnishing such further information as he may require. Such board 
may condemn and destroy all such infected article or articles manufactured 
or in the process of manufacture under unclean or unhealthful conditions. 
The local health department or board or other appropriate authority charged 
with the duty of sanitary inspection of such houses in every city, town and 
village shall, when so requested by the commissioner of labor, furnish copies 
of its records as to the presence of infectious, contagious or communicable 
disease, or of unsanitary conditions in -said houses; and shall furnish such 
other information as may be necessary to enable the commissioner of labor to 
carry out the provisions of this article. 

With this section is to be compared section 33 of the Public Health Law (ch. 
49» Consolidated Laws), which reads as follows: 

Section 33. Manufactures in tenement housea and dwellings. — No room or 
apartment in a tenement or dwelling house, used for eating or sleeping purposes, 
shall be used for the manufacture, wholly or partly, of coats, vests, trousers, knee- 
pants, overalls, cloaks, shirts, purses, feathers, artificial flowers or cigars, except 
by the members of the family living therein, which shall include a husband and 
wife and their children, or the children of either. A family occupying or controlling 
such a workshop shall, within fourteen days from the time of beginning work therein, 
notify the board of health of the city, village or town, where such workshop is 
located, or a special inspector appointed by such board, of the location of such 
workshop, the nature of the work carried on, and the number of persons em- 
ployed therein; and thereupon such board shall, if it deems advisable, cause a permit 
to be issued to such family to carry on the manufacture specified in the notice. 
Such board may appoint as many persons as it deems advisable to act as special 
Inspectors. Such special inspectors shall receive no compensation, but may be paid 
by the board their reasonable and necessary expenses. If a board of health or such 
inspector shall find evidence of infectious or contagious diseases present in any 
workshop, or in goods manufactured or in process of manufactuie therein, the 
board shall Issue such orders as the public health may require, and shall condemn 
and destroy such infectious and contagions articles, and may, if necessary to pro- 
tect the public health, revoke any permit granted by it for manufacturing goods 
in inch workshop. If a board of health or any such inspector shall discover that 
any such goods are being brought Into the state, having been manufactured, In 
whole or in part, under unhealthy conditions, such board or inspector shall examine 
such goods, and if they are found to contain vermin, or to have been made in 
improper places or under unhealthy conditions, the board may make such orders 
as the public health may require, and may condemn and destroy such goods. 

§ 104. Inspection of articles manufactured in other states. — Whenever it 
is reported to the commissioner of labor that any of the articles named in 
section one hundred of this chapter are being shipped into this state, having 
previously been manufactured in whole or in part under unclean, unsanitary 
or unhealthy conditions, said commissioner shall examine said articles and 
the conditions of their manufacture, and if upon such examination said goods 
or any part of them are found to contain vermin or to have been manufactured 
in improper places or undor unhealthy conditions, he shall forthwith affix 
to them the tag or label hereinbefore described and report to the local board 
of health, which board shall thereupon make such order or orders as the 
public safety may require. 



178 New York State Department of Labor. 

§ 105. Owners of tenement and dwelling houses not to permit the unlawfiil 
use thereof. — The owner or agent of a tenement-house or dwelling house 
shall not permit the use thereof for the manufacture, repair, alteration or 
finishing of any of the articles mentioned in this article contrary to its pro- 
visions. If a room or apartment in such tenement-house or dwelling house 
be so unlawfully used, the commissioner of labor shall serve a notice thereof 
upon such owner or agent. Unless such owner or agent shall cause such 
unlawful manufacture to be discontinued within ten days after the service 
of such notice, or within fifteen days thereafter institutes and faithfully 
prosecutes proceedings for the dispossession of the occupant of a tenement- 
house, or dwelling house, who unlawfully manufactures, repairs, alters or 
finishes such articles therein, he shall be deemed guilty of a violation of this 
article, as if he, himself, was engaged in such unlawful manufacture, 'repair, 
alteration or finishing. The unlawful manufacture, repair, alteration or 
finishing of any of such articles by the occupant of a room or apartment of 
a tenement-house, or dwelling shall be a cause for dispossessing such occupant 
by summary proceedings to recover possession of real property, as provided 
in the code of civil procedure. 

ARTICIiB 8. 

Bakeries and Confectioneries.^ 

INon-compliance with the provisions of this article is a misdemeanor (Penal Law, 
§ 1275, 8ubd. 6, post.) The provisions of Art. Q as to factories generally j apply 
to bakeries and confectioneries: § 114, post.^ 

Srction 110. Hours of labor in bakeries and confectioneries. 

111. Drainage and plumbing of buildings and rooms occupied by bakeries. 

112. Requirements as to rooms, furniture, utensils and manufactured 

products. 

113. Wash-room and closets ; sleeping places. 

114. Inspection of bakeries and confectioneries. 

115. Notice requiring alterations. 

§ 110. Hours of labor in bakeries and confectioneries. — No employee shall 
be required or permitted to work in a biscuit, bread or cake bakery or con- 
fectionery establishment more than sixty 'hours in any one week, or more 
than ten hours in any one day, unless for the purpose of making a shorter 
work day on the last day of the week ; nor more hours in any one week than 
will make an average of ten hours per day for the number of days during 
such week in which- such employee shall work. 

Declared unconstitutional, April, 1905 : Lochner v. People of N. Y., 198 U. S. 45, 
177 N. Y. 145. 

§ 111. Drainage ilnd plumbing of buildings and rooms occupied by bakeries. 
All buildings or rooms occupied as biscuit, bread, macaroni, spaghetti, pie 
or cake bakeries, shall be drained and plumbed in a manner conducive to the 
proper and healthful sanitary condition thereof, and shall be constructed 
with air-shafts, windows or ventilating pipes, sufficient to insure adeqiiate 
and proper ventilation. No cellar or basement shall be occupied bi* used as 
a bakery, unless the proprietor shall comply with the provisions of this 
article, except that any cellar or basement less than eight feet in height 

*t As" to bakeries in tenement houses, see the Tenement House Law (ch. 99, Con^ 
solidated Laws) S 40. 



Report of the Commissioner of Labor, 1910. 1Y9 

which was used for a bakery on the second day of May, eighteen hundred and 
ninety-five, need not be altered to conform to the provision with respect to 
height of rooms. Basements or cellars used as confectionery and ice cream 
manufacturing shops, shall be not less than seven feet in height; except 
that any cellar or. basement more than six feet in height, which was used as 
a confectionery or ice cream manufacturing shop before October first, nineteen 
hundred and six, need not be altered to conform with this provision. 

§ 112. Requirements as to rooms, furniture, utensils 'and manufactured 
products. — Every room used for the manufacture of flour or meal food prod- 
ucts shall be at least eight feet in height and shall have, if deemed necessary 
by the commissioner of labor, an impermeable floor constructed of cement, 
or of tiles laid in cement, or an additional flooring of wood properly saturated 
with* linseed cil. The side walls of such rooms shall be plastered or wain- 
scoted. The commissioner of labor may require the side walls and ceiling 
to be whitewashed, at least once in three months. He may also require the 
wood work of such walls to be painted. The furniture and utensils shall be 
so arranged as to be readily cleansed and not prevent the proper cleaning of 
any part of a room. The manufactured' flour or meal food products shall be 
kept in dry and airy rooms so arranged that the floors, shelves and all other 
facilities for storing the same can be properly cleaned. No domestic animals, 
except cats, shall be allowed to remain in a room used as a biscuit, bread, 
pie or cake bakery or any room in such bakery where flour or meal products 
are stored. 

§ 113. Wash-room and closets; sleeping places. — Every such bakery shall 
be provided with a proper wash-room and water-closet or water-closets apart 
from the bake-room, or rooms where the manufacture of such food product 
is conducted, and no water-closet, earth-closet, privy or ash-pit shall be 
within or connected directly with the bake-room of any bakery, hotel or 
public restaurant. 

No person shall sleep in a room occupied as a bake-room. Sleeping places 
for the persons employed in the bakery shall be separate from the rooms 
where flour or meal food products are manufactured or stored. If the sleeping 
places are on the same floor where such products are manufactured, stored or 
sold, the commissioner of labor may inspect and order them put in a proper 
sanitary condition. 

§ 114. Inspection of bakeries and confectioneries. — Bakeries and confec- 
tionery establishments are factories within the meaning of this chapter and are 
subject to the provisions of article six thereof. They shall be kept at all 
times in a clean and sanitary condition. If on inspection the commissioner 
of labor find any bakery or confectionery to be so unclean, ill drained or 
ill ventilated as to be unsanitary, he may after not less than forty-eight 
hours' notice in writing, to be served by affixing the notice on the inside of 
the main entrance door of said bakery, order the person found in charge 
thereof immediately to cease operating it until it be properly cleaned, drained 
or ventilated. If such bakery or confectionery be thereupon continued in 
operation or be thereafter operated before it be properly cleaned, drained or 
ventilated, the commissioner of labor may, after first making and filing in 
the public records of his office a written order stating the reasons therefor, at 
once and without further notice fasten up and seal the oven or other cooking 



180 New York State Department of Labor. 

apparatus of said bakery or confectionery, and affix to all materials, recep- 
tacles, tools and instruments found therein, labels or conspicuous signs bear- 
ing the word " unclean." No one but the commissioner of labor shall remove 
any such seal, label or sign, and he may refuse to remove it until such 
bakery or confectionery be properly cleaned, drained or ventilated. 

§ 115. Notice requiring alterations. — If, in the opinion of the commis- 
sioner of labor, alterations are required in or upon premises occupied and 
used as bakeries, in order to comply with the provisions of this article, a 
written notice shall be served by him upon the owner, agent or lessee of 
such premises, either personally or by mail, requiring such alterations to be 
made within sixty days after such service, and such alterations shall be 
made accordingly. 

ARTIGIiE2 9. 

Mlnefly Tunnels and Qnarrles and Tlteir Inspection. 

[Non-complicmcc with the provisions of this avticle is a misdemeanor {Penal Law^ 
§ 1270, suhd. 2). Violation of any of the safety provisions of the article ren- 
ders the master liable in case of injury to employees (§ 202, post).'\ 

Section 120. Duties of commissioner of labor relating to mines, tunnels and quar- 
ries ; record and report. 
i21. Outlets of mines. 

122. Ventilation and timbering of mines and tunnels. 

123. Riding on loaded cars ; storage of inflammable supplies. 

124. Inspection of steam boilers and apparatus ; steam, air and water 

• guages. 

125. Use of explosives ; blasting. 

126. Report of accidents. 

127. Notice of dangerous condition. 

128. Traveling ways. 

129. Notice of opening new mine, shaft or quarry. 

130. Notice of abandonment. 

131. Employment of women and children. 

132. Underground workings to be equipped with head house and doors. 

133. Mines and tunnels to be equipped with wash-rooms. 

134. Method of exploding blasts. 
134-a. Hours of labor. 

134-b. Medical attendance and regulations. 
1S4c. Penalties. 

135. Enforcement of article. 

136. Admission of Inspectors to mines and tunnels. 

§ 120. Duties of commissioner of labor relating to mines, tunnels and 
quarries; record and report. — The commissioner of Itibor shall see that every 
necessary precaution is taken to insure the safety and health of employees 
employed in the mines and quarries and in the construction of tunnels of 
the state and shall prescribe rules and regulations therefor; [f] keep a record 
of the names and location of such mines, tunnels and quarries, and the 
names of the persons or corporations owning or operating the same; collect 
data concerning the working thereof; examine carefully into the method of 
timbering shafts, drifts, inclines, slopes and tunnels, through which employees 
and other persons pass, in the performance of their daily labor, and see 
that the persons or corporations owning and operating such mines and 



* So in original. 

t See present rules and regulations prescribed by Commissioner of l^abor follow- 
ing § 186, post. 



Report of the Commissioner of Labor, 1910. ISl 

quarries and constructing tunnels comply with the provisions of this chapter; 
and such information shall be furnished by the person operating such mine, 
tunnel or quarry, upon the demand of the commissioner of labor. 

The commissioner of labor shall keep a record of all mine, tunnel and 
quarry examinations, showing the date thereof, and the condition in which 
the mines, tunnels and quarries are found, and the manner of working the 
same. He shall make an annual report to the legislature during the month 
of January, containing a statement of the number of mines, tunnels and 
quarries visited, tlie number in operation, the number of men employed, and 
the number and cause of accidents, fatal and non-fatal, that may have 
occurred in and about the same. 

§ 121, Outlets of mines. — If, in the opinion of the commissioner of labor, 
it is necessary for tafety of employees, the owner, operator or superintendent 
of a mine operating through either a vertical or inclined shaft, or a horizon- 
tal tunnel, shall not employ any person therein unless there are in connection 
with the subterranean workings thereof not less than two openings or out- 
lets, at least one hundred and fifty feet apart, and connected with each other. 
Such openings or outlets shall be so constructed as to provide safe and dis- 
tinct means of ingress and egress from and to the surface, at all times, for 
the use of the employees of such mine. 

§ 122. Ventilation and timbering of mines and tunnels. — In each mine or 
tunnel a ventilating current shall be conducted and circulated along the face 
of all working places and through the roadways, in sufficient quantities to 
insure the safety of employees ajid remove smoke and noxious gases. 

Each owner, agent, manager or lessee of a mine or tunnel shall cause it 
to be properly timberpd, and the roof and sides of each working place therein 
properly secured. No person shall be required or permitted to work in an 
unsafe place or under dangerous material, except to make it secure. 

§ 123. Riding on loaded cars; storage of inflammable supplies. — No person 
shall ride or be permitted to ride on any loaded car, cage or bucket into or out 
of a mine or tunnel in process of construction. No powder or oils of any 
description shall be stored in a mine, tunnel or quarry, or in or around shafts, 
engine or boiler-houses, and all supplies of an inflammable and destructive 
nature shall be stored at a safe distance from the mine or tunnel openings. 

S 124. Inspection of steam boilers and apparatus; steam, air and water 
gauges. — ^All boilers used in generating steam for mining or tunneling pur- 
poses shall be kept in good order, and the owner, agent, manager or lessee of 
such mine or tunnel shall have such boilers inspected by a competent person, 
approved by the commissioner of labor, once in six months, and shall file a 
certificate showing the result thereof in the mine or tunnel office and a dupli- 
cate thereof in the office of the commissioner of labor. All engines, brakes, 
cages, buckets, ropes and chains shall be kept in good order and inspected 
daily by the superintendent of the mine or tunnel or a person designated by 
him. All lifts, hoists, ropes and other mechanical devices shall be properly 
designed and maintained to sustain the weight intended to be placed thereon 
or suspended therefrom, such factors of safety being used as are generally 
accepted as sufficient by competent engineers, and all cars and lifts shall be 
supplied with safety brakes. All hoisting ropes shall at all times be of a 
breaking strength of not less than five times the gross load suspended from 
them, including weight of rope itself. Each boiler or battery of boilers used 



182 New Yoek State Depaetment of Labor. 

in mining or tunneling for generating steam, shall be provided with a proper 
safety valve and with steam and water gauges, to show, respectively, the 
pressure of steam and the height of water in the boilers. Every boiler-house 
in which a boiler or nest of boilers is placed, shall be provided with a steam 
gauge properly connected with the boilers, and another steam gauge shall be 
attaehed to the steam pipe in the engine-house, and so placed that the engi- 
neer or fireman can readily ascertain the pressure carried. Every tunnel in 
which men are working under artificial air pressure shall be furnished with 
properly equipped and placed gauges capable at all times of showing the 
weight or pressure of air in said tunnel, and said gauge shall at all times 
during working hours be accessible to all persons working on said tunnel. 

§ 125. Use of ezplosives; blasting. — When high explosives other than gun- 
powder are used in a mine, tunnel or quarry, the manner of storing, keeping, 
moving, charging and firing, or in any manner using such explosives, shall 
be in accordance with rules [*] prescribed by the commissioner of labor. 

In charging holes for blasting, in slate, rock or ore in any mine, tunnel or 
quarry, no iron or steel pointed needle or tamping bar shall be used, unless 
the end thereof is tipped with at least six inches of copper or other soft 
material. No person shall be employed to blast, unless the mine or tunnel 
superintendent or person having charge of such mine or tunnel is satisfied 
that he is qualified, by experience, to perform the work with ordinary safety. 
When a blast is about to be fired in a mine or tunnel, timely notice thereof 
shall be given by the person in charge of the work, to all persons who may 
be in danger therefrom. . ' 

§ 126. Report of accidents. — Whenever loss of life or an accident causing 
an injury incapacitating any person for work shall occur in the operation of 
a mine or quarry, or in the construction or repair of a tunnel, the owner, 
agent, manager, lessee, contractor, subcontractor, or person in charge thereof, 
shall keep a correct record of all deaths, accidents or injuries sustained by 
any person therein or on the premises or works, in such form as may be 
required by the commissioner of labor. Such record shall be open to the 
inspection of the commissioner of labor and a copy thereof shall be furnished 
to the said commissioner on demand. Within forty- eight hours after the 
accident, death or injury a report thereof shall be made in writing to the 
commissioner of labor, stating as fully as possible the cause of the death 
or the extent and cause of the injury, and the place where the injured per- 
son has been sent, with such other or further information relative thereto 
as may be required by the said commissioner, who may investigate the causes 
thereof and require such precautions to be taken as will prevent the recur- 
rence of similar happenings. No statement contained in any such report 
shall be admissible in evidence in any action arising out of the death or 
accident therein reported. [As am*d hy L. 1910', ch, 155.] 

Compare § 20-a ante (building accidents) and § 87 (factory accidents). 

§ 127. Notice of dangerous condition. — If the commissioner of labor, after 
examination or otherwise, is of the opinion that a mine or tunnel or any 
thing used in the operation thereof is unsafe, he shall immediately serve a 
written notice, specifying the defects, upon the owner, agent, manager or 
lessee, who shall forthwith remedy the same. 

• See rules and regulations prescribed by Commissioner of Labor. . following 
i 136, post. 



Report of the Commissioner of Labor, 1910. 183 

§ 128. Traveling ways. — In all mines there shall be cut out of or around 
the sides of every hoisting shaft or driven through the solid strata at the 
bottom thereof, a traveling way not less than five feet high and three feet 
wide to enable persons to pass the shaft in going from one side to the other 
without passing- over or under or in the way of the cage or other hoisting 
apparatus. 

§ 129. Notice of opening new mine, shaft or quarry. — Whenever a mine or 
quarry operator has engaged or is about to engage in the development of new 
industries by the sinking of new shafts, inclines, tunnels or quarries, he shall 
report to the commissioner of labor, giving the name of the owner or owners, 
and the location of the property, before the work of excavation shall have 
reached the depth of twenty-five feet. 

§ 130. Notice of abandonment. — It shall be the duty of every mine or 
quarry operator to notify the commissioner of labor of the discontinuance 
or abandonment of any mine or quarry, when and in the event that such 
mine or quarry shall be closed permanently or abandoned. 

§ 131. Employment of women and children. — No child under sixteen years 
of age shall be employed, permitted or suffered to work in or in connection with 
any mine or quarry in this state. No female shall be employed, permitted 
or suffered to work in any mine or quarry in this state. 

§ 132. Underground workings to be equipped with head house and doors. — 
Every underground working where the depth exceeds forty feet shall be 
equipped with a proper head house and trapdoors. 

§ 133. Mines and tunnels to be equipped with wash-rooms. — Every mine, 
tunnel or quarry employing over twenty-five men shall maintain a suitably 
equipped and heated wash-room, which shall be at all times accessible to the 
men employed. 

§ 134. Method of exploding blasts. — No blast shall be exploded by an elec- 
tric current of more than two hundred and fifty volts. 

§ 134-a. Hours of labor. — All work in the prosecution of which tunnels, 
caissons or other apparatus or means in which compressed air is employed 
are used shall be conducted subject to the following restrictions and regu- 
lations: When the air pressure in any compartment, caisson, tunnel or place 
in which men are employed is greater than normal and does not exceed 
twenty-eight pounds to the square inch, no employee shall be permitted to 
work or remain therein more than eight hours in any twenty-four hours 
and shall only be permitted to work under such air pressure provided he 
shall during such period return to the open air for an interval of at least 
thirty consecutive minutes, which interval his employer shall provide for. 
When the air pressure in any such compartment, caisson, .tunnel or place 
shall exceed twenty-eight pounds to the square inch, and shall not equal 
thirty-six pounds to the square inch, no employee shall be permitted to 
work or remain therein more than six hours, such six hours to be divided 
into two periods of three hours each, with an interval of at least onfe hour 
between each such period. When the air pressure in any such compartment, 
caisson, tunnel or place shall equal thirty-six pounds to the square inch 
and shall not equal forty-two pounds to the square inch, no such employee 
shall be permitted to work or remain therein more than four hours in any 
twenty-four hours, such four hours to be divided into periods of not more 
than two hours each, with an interval of at least, two hours between each 



184 Xew Yokk State Department of Labor. 

such period; when the air pressure in any such compartment, caisson, tunnel 
or place shall equal forty-two pounds to the square inch and shall not equal 
forty-six pounds to the square inch, no employee shall be permitted to work 
or remain therein more than three hours in any twenty-four hours, such 
three hours to be divided into periods of not more than ninety minutes each, 
with an interval of at least three hours between each such period; when the 
air pressure in any such compartment, caisson, tunnel or place shall equal 
forty-six pounds to the square inch and shall not equal fifty pounds to the 
square inch, no employee shall be permitted to work or remain therein more 
than two hours in any twenty-four hours, such two hours to be divided into 
periods of one hour each, with an interval of not less than four hours between 
each such period; no employee shall be permitted to work in any compart- 
ment, caisson, tunnel or place where the pressure shall exceed fifty pounds to 
the square inch, except in case of emergency. No person employed in work 
in compressed air shall be permitted by his employer or by the person in 
charge of said work to pass from the lock in which the work is being done 
to atmosphere of normal pressure, without passing through an intermediate 
lock or stage of decompression, which said decompression shall be at the rate 
of three pounds every two minutes unless the pressure shall be over thirty-six 
pounds, in which event the decompression shall be at the rate of one pound 
per minute. Instruments shall be fitted in all caissons and air locks showing 
the actual pressure prevailing. [Added hy L. 19G9, ch. 291.] 

§ 134-b. Medical attendance and regulations. — Any person or corporation 
carrying on any work in the prosecution of which tunnels, caissons or other 
apparatus or means in which compressed air is employed are used shall 
employ and keep in employment during the prosecution of such work at the 
place where it is being carried on one or more duly qualified persons to act 
as medical ofiicer or ofiicers who shall be in attendance at all times while 
such work is in progress and whose duty it shall be to administer and strictly 
enforce the following: 

(a) No person shall be permitted to work in compressed air until after 
he shall have been examined by such medical officer and reported by such 
officer to the person in charge thereof as found to be qualified, physically, 
to engage in such work. 

(b) In the event of absence from work, by an employee for three or more 
successive days for any cause, he shall not resume work until he shall hav© 
been re-examined by the medical officer and his physical condition reported 
as hitherto provided to be such as to permit him to work in compressed air. 

(c) No person known to be addicted to the excessive use of intoxicants 
shall be permitted to work in compressed air. 

(d) No person not having previously worked in compressed air shall be 
permitted during the first twenty-four hours of his employment to work for 
longer than one-half of a period as provided in section one hundred and 
thirty-four-a and after so working shall be re-examined and not permitted 
to work unless his physical condition be reported by the medical officer as 
heretofore provided to be such as to qualify him for such work. 

(e) After a person has been employed continuously in compressed air 
for a period of three months he shall be re-examined by the medical officer 
and he shall not be allowed, permitted or compelled to work until such 
examination has been made and he has been reported as heretofore provided 
as physically qualified to engage in compressed air work. 



Repoet of the Commissioner of Labor, 1910. 185 

(f) The said medical officer shall at all times keep a complete and full 
record of examinations made by him which record shall contain dates on 
which examinations were made and a clear and full description of the 
person examined, his age and physical condition at the time examined, also 
the statement as to the time such person has been engaged in like employ- 
ment. 

(g) Properly heated, lighted and ventilated dressing rooms shall be pro- 
vided for all employees in compressed air which shall contain lockers and 
benches and shall be open and accessible to the men during the intermission 
between shifts. Such rooms shall be provided with baths, with hot and cold 
water service and^a proper and sanitary toilet. 

(h) A medical lock shall be established and maintained in connection 
with all work in compressed air as herein provided. Such lock shall be kept 
properly heated, lighted and ventilated and shall contain proper nledical and 
surgical equipment. Such lock shall be in charge of the medical officer. 
[Added by L. 1909, ch. 291.] 

§ 134-c. Penalties. — Every person who, or corporation which, shall violate 
or fail to comply with any of the foregoing provisions shall be guilty of a 
misdemeanor which shall be punishable by a fine of not less than two hun- 
ared and fifty dollars or imprisonment for one year or both. [Added by L. 
1909, ch. 291.] 

S 135. Enforcement of article. — The commissioner of labor may serve a 
written notice upon the owner, agent, manager or lessee of a mine or tunnel 
requiring him to comply with a specified provision of this article. The com- 
missioner of labor shall begin an action in the supreme court to enforce 
compliance with such provision; and upon such notice as the court directs an 
order may be granted, restraining the working of such mine or tunnel during 
such time as may be therein specified. 

§ 136. Admission of inspectors to mines and tunnels. — The owner, agent, 
manager or lessee of a mine or tunnel, at any time, either day or night, 
shall admit to such mine or tunnel, or any building used in the operation 
thereof, the commissioner of labor or any qualified person duly authorized 
by him, for the purpose of making the examinations and inspections neces- 
sary for the enforcement of this article, and shall render any necessary 
assistance for such inspections. 

RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER OF LABOR. 

[Btf authority of Sections 120 and 125 above.} 
FOR MINES AND QUARRIES. 

Superintendent. — 1. The mine superintendent shall pay particular attention to 
discipline. All inspections shall be reported to him. He shall see that all the 
provisions of the law and of these rules are enforced in his mine. He shall 
watch all work done by contractors to see that they comply with the law and 
these rules. 

Daily inspeotion. — 2. The superintendent shall designate a competent person, 
who shall each day make an inspection of all mining appliances, boilers, engines, 
magazines, shafts, shafthouses, underground workings, roofs, pillars, timbers, 
explosives, bell-ropes, telephones, operating tubes, tracks, ladders, etc., and report 
any defects to the superintendent, in writing, at once. 

Boilers. — 3. Superintendents shall require a strict compliance with { 124 of 
the Labor Law regarding boiler inspection. Boilers shall be examined daily, and 
any Imperfections reported to the master mechanic or superintendent at once. 



186 New York State Department of Labor. 

Timbering.— 4. Timber shall be of ample size and strength and shall be used 
freely and wherever there is any chance of danger. Only new or properly sea- 
soned timber shall be used, and shall be inspected carefully for rot or other defects 
before using and periodically thereafter. 

Air. — 5. The use of air instead of steam for drilling In all underground 
workings is advised. . 

Signals. — 6. Special attention shall be given to the matter of signals and to 
keeping the appliances therefor In order. The bell line shall be of ample strength 
and kept free and clear of all rock and timbers. Shafts of 400 feet or over shall 
have speaking tubes or telephones from the foot of the shaft to the engine-room. 
A code of signals shall be posted at different parts of the workings and particu- 
larly at the shafthead, together with a notice of a penalty for wrong signals. 
Wrong signals should be severely punished. 

Ladderways. — 7. Ladders shall be strong and intact. In vertical shafts and 
in deep pitching Inclines there should be landings not more than twenty feet apart, 
and closely covered except a hole large enough for a man to pass to the next 
ladder. In Inclines, there shall be a hand-rail attached to the ladder, and wher- 
ever possible steps should be. used with hand-rail attached. 

The shaft. — 8. The shafthead shall be covered and guarded so as to preveni 
accidents from persons falling into It, or from foreign objects dropping down. 
Automatic doors should, in most cases, be used. The manway shall be around 
and not across the shafthead. The timbering of the shaft shall be sounded and 
examined often, as it decays rapidly under certain conditions. Inside shafts, 
winzes, and shutes shall be carefully guarded. When sinking or continuing a 
shaft below levels where the work of mining Is being carried on, the collars at 
the lower level shall be covered to prevent objects from falling down the shaft, 
and such covering should be composed of timber not less than four Inches In thick- 
ness ; and where a cage is used a bonnet shall be placed over It. 

Hoisting engineers. — 9. Superintendents shall use extraordinary care to see that 
their engineers are mentally and physically qualified for their positions. Wherft 
persons are lowered Intq or hoisted out of a mine, engineers shall be not less than 
21, otherwise not less than 18 years of age. They shall never delegate the control 
of the machinery to any other person, and no one shall interfere with them In 
their duties. 

10. The hoisting engineer shall be In constant attendance at his engine or 
boilers whenever there are workmen underground. 

11. The engineer shall not permit any one to enter or loiter In the engine- 
room except those required by their positions or duties to do so, and he shall hold 
no conversation with anyone while the engine Is in motion or while his attention 
should be occupied with signals. A notice to that effect shall be posted on the 
door of the engine house. 

12. The engineer must thoroughly understand the code of signals, which must 
be delivered in the engine room in a clear and unmistakable manner; and when 
he receives a signal that men are In the cage or carriage he must work his engine 
with extra care and only at a moderate rate of speed. 

13. The engineer or some other specifically designated and properly qualified 
employee must keep a careful watch over the engine, boilers, pumps, ropes and 
winding apparatus, and see that boilers are supplied with water, cleaned and 
inspected at frequent intervals and that the steam pressure does not exceed the 
prescribed limit; and he shall frequently try the safety valves and shall not in- 
crease the weights thereon. He shall see that the steam and water gauges are 
always in good order, and If any of the pumps, valves or gauges become deranged, 
he shall promptly report the facts to his superiors. 

Hoisting machinery. — 14. Machinery used for lowering or raising employees 
into or out of mines and stairs for ingress and egress shall be kept In a safe 
condition and inspected each twenty-four hours by a competent person especially 
designated for that purpose. 

15. The operator, or superintendent shall provide and maintain from the top 
to the bottom of every shaft where persons are raised or lowered, a telephone or a 
metal tube suitably adapted to the free passage of sound, through which conversa- 
tion may be held between persons at the top and bottom of said shaft, and also 



Repobt of the 'Commissioner of Labob, 1910. 187 

other means of signaling from the top to the bottom thereof, and shall provide every 
cage or gear carriage used for hoisting or lowering persons with a proper safety 
catch and with a sufficient overhead covering to protect them while using it. 
And he shall see that the flanges, with a clearance of not less than four inches 
where the whole of the rope is wound on the drum, are attached to the side of 
the drum of every machine that is used for lowering and hoisting persons ; that 
adequate brakes are attached to the drum, and that safety gates are so placed 
at all shafts as to prevent persons from falling in. 

16. The main governing chain attached to the socket of the wire rope shall 
be made of the best quality of. iron and shall be properly tested ; and the bridal 
chain shall be attached to the hoisting rope above the socket from the top cross- 
piece of the carriage or cage so that no single chain shall be used for lowering 
or hoisting persons. 

17. No greater number* of persons- shall be lowered or hoisted at any one time 
than may be allowed by the Commissioner of Labor; and notice of the maximum 
number allowed to be lowered or hoisted at any one time shall be kept posted in 
a conspicuous place at the top of the shaft. 

Dangerous machinery. — 18. All machinery about mines from which any acci- 
dents are liable to occur shall be suitably guarded or railed off. 

Fire. — 19. All oil waste, ca9dles, etc., shall be stored at a safe distance from 
the boiler-house, engine-room and shafthouse, and a quantity of water shall be 
stored at such place to guard against Are. All shafthouses shall have ample 
fire protection, and the appliances shall be kept in condition for instant use. All 
mining plants using steam should have a hose attached to the Injector or feed 
pipe for use in case of fire. 

Storing ezploBlves. — 20. All explosives shall be stored in a magazine pro- 
vided for that purpose, and located far enough from the working-shaft, slope or 
tunnel, boiler-house, or engine-room, so that in case the whole quantity should be 
exploded, there would be no danger, and all explosives in excess of what are 
needed for one shift shall be kept in the magazine. Such magazine should be 
fireproof, and so constructed that a modern rifle or pistol bullet cannot pene- 
trate it. A suitable place for thawing powder shall be provided and kept In 
condition for use. The hot water or steam bath device should be used. Dry heat 
shall never be used. A receptacle for carrying explosives shall be provided. Ex- 
ploders and powder shall not be kept in the same room. A suitable place separated 
from mine boilers or engine-room shall be provided for preparing charges. One 
man shall have full charge of the magazine. (See further the special rules for 
handling dynamite below.) 

Blasting. — 21; All blasting shall be done by one man and his helper, desig- 
nated by the superintendent for that purpose. After blasting no one else shall 
be allowed in that part of the mine until the blaster has made a personal examina- 
tion and pronounced ** all over.'* If a blast misses fire, no one except the blaster 
and his helper shall be allowed in that part of the mine less than three] hours 
thereafter unless and until the blaster has made a personal examination and pro- 
nounced " all safe." No person shall use or handle any explosives who is ad- 
dicted to the use of intoxicants. All tamping of high explosives shall be done 
with a wooden bar. Timely and sufficient warning shall be given when a blast is 
about to be fired. 

FOR STORING, KEEPING, MOVING, THAWING, CHARGING AND FIRING 

DYNAMITE. 

Storing and keeping.-^ 1. Dynamite must be stored in a building separate and 
Isolated from other buildings and from traffic. Caps and electric exploders and 
fuses must never be stored in the same building with the powder, but must always 
be kept apart until needed for preparing the charge. 

Moving.— 2. When dynamite is hauled in wagons, railway trains, mine cars or 
similar vehicles, the greatest care must be exercised, and neither percussion caps, 
exploders, fulmlnators, friction matches nor any other article of like nature shall 
be loaded in the same wagon, car or vehicle. 

Thawing powder. — 3. All nltro-glycerine compounds freeze and become hard at 
about 42 degrees Fahrenheit, in which condition they will not readily explode. 



188 New York State Department of Labor,' 

When large quantities are to be used, a separate building for thawing should be 
fitted with a small steam radiator. Use only exhaust steam 'for heating it, If 
possible keeping the temperature of the rooms at about 80 degrees Fahrenheit. In 
the part of the room farthest from the radiator, place the powder on racks to 
thaw. When but small quantities need to be thawed, a thawing kettle may be 
used, being two water-tight kettles (one smaller and placed inside the other), the 
cartridges placed in the smaller kettle, the space between the two kettles filled 
with hot water of from 120 to 130 degrees Fahrenheit, and the kettle fitted with 
a cover to retain the heat. Never place the kettle over the fire to heat. When 
more hot water is required, empty and fill again with hot water. Never attempt 
to thaw the powder by placing it in hot water or exposing it to the direct action 
of steam. 

Precautions. — 4. Powder must never be placed on, in* or near hot steam pipes, 
steam boilers, a hot stove, nor any hot metal, nor exposed to radiated heat from 
a fire or hot stove. Never roast, toast or bake it in any way, nor take it near a 
blacksmith forge. Never allow smoking or fire of any description, nor leave any 
loose caps or fuse near it. 

Preparing a charge. — 5. Cut a piece of safety fuse to the right length and 
carefully insert the fresh cut end in a blasting cap. See that the cap is free 
from any particle of sawdust before inserting the fuse. Press the fuse gently into 
the cap as far as it will go. Crimp the open end of the cap tightly around the fuse 
with a pair of cap-nippers, but under no consideration disturb the fulminate or 
filling in the cap. Then open one end of the cartridge carefully, and with a sharp- 
ened lead pencil or pointed wooden stick, make a hole in the powder, insert the 
capped end of the fuse, being careful to see that at least one-fourth of an inch of 
the cap remains out of the powder. Then draw the paper closely about the fuse 
and tie in with a strong cord. 

Charging the drill-hole. — 6. Having properly prepared the cartridges (being 
sure that none are frozen) push them gently to the bottom of the drilled hole with 
a wooden stick, putting the capped cartridge on top. 

Tamping. — 7. Having placed the required quantity of powder iri the hole, cover 
with six or eight inches of loose tamping, press it down firmly with a toooden 
stick, after which the hole may be tamped to the top, ramming the tamping down 
hard. Never use an iron or metal bar. Wood is always sufficient. 

Misfire. — 8. In case of misfires; never attempt to remove the tamping or draw 
the charge; always drill a -new hole. 

FOR THE DAILY GUIDANCE OF EMPLOYEES. 

1. No employee shall ride on any loaded skip, car, cage or bucket nor walk up 
or down any slope, or shaft, while any skip, car, cage ot bucket Is above. 

2. The pit boss shall carefully examine the hanging wall of all slopes, levels 
and working chambers daily. 

3. Machine runners shall carefully examine and sound hanging wall at face 
working, and remove all loose rock or ore before proceeding to drill. 

4. No employees shall handle any explosives xx6r do any blasting except the 
person or persons designated for that special purpose by the superintendent. 

5. After blasting no one except the blaster or blasters shall be allowed in tho 
part of the mine where such blast has been fired, until the blaster has made a 
personal examination, and pronounced all safe. 

6. No iron or steel bar, unless tipped with six Inches of copper or other soft 
metal, shall be used for tamping any explosive When tamping dynamite, or other 
high explosives, wood only shall be used. 

7. The mine superintendent or person designated by him shall examine daily all 
mining appliances and see that they are in safe condition. 

8 Whenever a shot misses fire no one shall be allowed to return to that part of 
the mine in less than three hours, unless and until the blaster after a personal 
examination shall pronounce all safe. 

9. No person addicted to the use of intoxicating drink shall have charge of any 
explosives, boiler, engine or hoist, nor shall any person be allowed in any part ot 
the mine while under the Influence of liquor. 



Report of the Commissioner of Labor, 1910. 189 

FOR work of excavation AND CONSTRUCTION OF TUNNELS CARRIED 
ON IN COMPRESSED AIR.— SUPPLEMENTING §§ 154-a-134-b. 

Loc:^s. 

Where practicable each bulkhead In the tunnel shall have at least two locks 
in perfect working condition. 

The man lock shall be large enough so that those using it are not compelleiii 
to be in a cramped position. 

The emergency lock shall be large enough to hold an entire heading shift. 

Every lock must be lighted by electricity and shall contain a pressure gauge 
and a timepiece, and shall have a glass " bullseye " In each door or in each end. 

Valves must be so arranged that the locks can be operated both from within and 
from without. 

Each man lock shall be in charge of a competent lock tender. 

Light, Sanitation and Ventilation in Air Chamber. 

All lighting in compressed air chambers shall be by electricity only, except in 
cases of emergency. 

Absolutely no nuisance shall be tolerated, in the air chamber, and smoking shall 
be strictly prohibited. 

No animals for hauling shall be permitted in the air chambers. 

An air-supply pipe shall be carried as near to the face as may be practicable 
and necessary. The air shall be analyzed at least once in every forty-eight hours*, 
and the percentage of CO^ shall not be greater than X/^^ o^ one per cent, above 
that of the air being compressed. 

The exhaust valves shall be operated at certain intervals, especially after a 
blast, and men shall not be required to resume work after a blast until the gas 
and smoke have cleared sufficiently. 

Persons in the air chamber must be able to communicate with the power- 
house on the surface by means of suitable devices at all times. 

Gauges. 

In addition to the gauges in the locks, an accurate gauge shall be maintained 
on the outer side of each bulkhead. These gauges shall be accessible at all times 
and shall be kept in accurate working order. 

Safety Screens. 

Where practicable, safety screens shall be installed after the heading has pro- 
ceeded beyond the bulkhead line. 

General. 

A record of all men working in the air chambers shall be kept by a special 
man who shall remain outside the lock near the entrance. This record shall show 
the period of stay in the air chamber of each person and the time taken for 
decompression. 

A liberal supply of hot coffee and sugar shall be supplied to men working In 
compressed air. Coffee must be heated by means other than direct steam. 

AUTIGIiK 10. 
Bureau of Mediation and Arbitration. 

Section 140. Chief mediator. 

141. Mediation and investigation. 

142. Board of mediation and arbitration. 

143. Arbitration by the board. 

144. Decisions of board. 
146. Annual report. 

146. Submission of controversies to local arbitrators. 

147. Consent ; oath ; powers of arbitrators. 

148. Decision of arbitrators. 

S 140. Chief mediator. — There shall continue to be a bureau of mediation 
and arbitration. The second deputy commissioiier of labor shall be the chief 



l&O New Yoek State Department of Labor. 

mediator of the state and in immediate charge of this bureau, but subject 
to the supervision and direction of the commissioner of labor. 
C/. § 42, ante. 

i 141. Mediation and investigation. — Whenever a strike or lockout occurs 
or is seriously threatened an officer or agent of the bureau of mediation and 
arbitration shall, if practicable, proceed promptly to the locality thereof and 
endeavor by mediation to effect an amicable settlement of the controversy. 
If the commissioner of labor deems it advisable the board of mediation 
and arbitration may proceed to the locality and inquire into the cause 
thereof, and for that purpose shall have all the powers conferred upon it in 
the case of a controversy submitted to it for arbitration. 

§ 142. Board of mediation and arbitration. — There shall continue to be a 
state board of mediation and arbitration, which shall consist of the chief 
mediator and two other officers of the department of labor to be from time 
to time designated by the commissioner of labor. The chief mediator when 
present shall be the chairman of the board. Two members of such board 
shall constitute a quorum for the transaction of business, and may hold meet- 
ings at any time or place within the state. Examinations .or investigations 
ordered by the board may be held and taken by and before any of their 
number, if so directed, but a decision rendered in such a case shall not be 
deemed conclusive until approved by the board. 

§ 143. Arbitration by the board. — A grievance or dispute between an em- 
ployer and his employees may be submitted to the board of arbitration and 
mediation for their determination and settlement. Siich submission shall be 
in writing, and contain a statement in detail of the grievance or dispute and 
the cause thereof, and also an agreement to abide the determination of the 
board, and during the', investigation to continue in business or at work, 
without a lockout or strike. Upon such submission, the board shall examine 
the matter in controversy. For the purpose of such inquiry they may sub- 
poena witnesses, compel their attendance, take and hear testimony, and 
call for and examine books, papers and documents of any parties to the con- 
troversy. Subpoenas shall be issued by the chairman under the seal of the 
department of labor. Witnesses shall be allowed the same fees as in courts 
of record. The decision of the board must be rendered within ten days after 
the completion of the investigation. 

§ 144. Decisions of board. — Within ten days after the completion of every 
arbitration, the board or a majority thereof shall render a decision, stating 
such details as will clearly show the nature of the controversy and the points 
disposed of by them, and make a written report of their findings of fact 
and of their recommendations to eaxjh party of the controversy. Every 
decision and report shall be filed in the office of the board and a copy thereof 
served upon each party to the controversy. 

§ 145. Annual report. — The commissioner of labor shall make an annual 
report to the legislature of the operations of this bureau. 

I 146. Submission of controversies to local arbitrators. — A grie'vance or 
dispute between an employer and his employees may be submitted to a board 
of arbitrators, consisting of three persons, for hearing and settlement. When 
the employees concerned are members in good standing of a labor organiza- 
tion, one arbitrator may be appointed by such organization and one by the 



Eepobt of the Oommissioneob of Labor, 1910. l&l 

employer. The two so designated shall appoint a third, who shall be chair- 
man of the board. If such employees are not members of a labor organiza- 
tion, a majority thereof at a meeting duly called for that purpose, may desig- 
nate one arbitrator for such board. 

S 147. Consent; oath; powers of arbitrators. — Before entering upon his 
duties, each arbitrator so selected shall sign a consent to act and take and 
subscribe an oath to faithfully and impartially discharge his duties as such 
arbitrator, which consent and oath shall be filed in the clerk's office of the 
county or counties where the controversy arose. When such board is ready 
for the transaction of business, it shall select one of its members to act as 
secretary, and notice of the time and place of hearing shall be given to the 
parties to the controversy. The board may, through its chairman, subpoena 
witnesses, compel their attendance and take and hear testimony. The board 
may make and enforce rules for its government and the transaction of the 
business before it, and fix its sessions and adjournments. 

§ 148. Decision of arbitrators. — The board shall, within ten days after the 
close of the hearing, render a written decision signed by them giving such 
details as clearly show the nature of the controversy and the questions 
decided by them. One copy of the decision shall be. filed in the office of the 
clerk of the county or counties where the controversy arose and one copy 
shall be transmitted to the bureau of mediation and arbitration. 



article: lO-a, 
Bureau of Industries and Immlgfratlon. 

[Added hy L. 1910, ch. 514.] 

Section 151. Bureau of industries and inimiirration. 

152. Special Investigators. 

153. General powers and duties. 

154. Proceedings before the commissioner of labor. 
156. Registration and reports of employment agencies. 
156. Reports. 

§ 151. Bureau of industries and immigration. — There shall be a bureau 
of industries and immigration, which shall be under the immediate charge 
of a chief investigator, but subject to the supervision and direction of the 
commissioner of labor. 

C/, f 42, ante. 

§ 152. Special investigators. — The commissioner of labor may appoint from 
time to time not more than twelve persons as special investigators, not more 
than two of whom shall be women, and who may be removed by him at any 
time. The special investigators may be divided into two grades. Each special 
investigator of the first grade shall receive an annual salary of twelve hun- 
dred dollars, and each of the second grade an annual salary of fifteen hun- 
dred dollars. 

§ 153. General powers and duties. — 1. The commissioner of Jabor shall have 
the power to make full inquiry, examination and investigation into the con- 
dition, welfare and industrial opportunities of all aliens arriving, and being 
within the state. He shall also have power to collect information with 



192 New York State Department op Laboiu 

respect to the need and demand for labor by the several agricultural, in- 
dustrial and other productive activities, including public works throughout 
the state; to gather information with respect to the supply of labor afforded 
by such a lien as shall from time to time arrive or be within the state; to 
ascertain the occupations for which such aliens shall be best adapted, and to 
bring about intercommunication between them and the several activities 
requiring labor which will best promote their respective needs; to investigate 
and determine the genuineness of any application for labor that may be 
received and the treatment accorded to those for whom employment shall 
be secured; to co-operate with the employment and immigration bureaus con- 
ducted under authority of the federal government or by the government of 
any other state, and with public and philanthropic agencies designed to aid 
in the distribution and employment of labor; and to devise and carry out 
such other suitable methods as will tend to prevent or relieve congestion and 
obviate unemployment. 

2. The commissioner of labor shall procure with the consent of the federal 
authorities complete lists giving the names, ages and destination within the 
state of all alien children of school age, and such other facts as will tend 
to identify them, and .shall forthwith deliver copies of such- lists to 
the commissioner of education or the several boards of education and school 
boards in the respective localities within the state to which said children 
shall be destined, to aid in the enforcement of the provisions of the education 
law relative to the compulsory attendance at school of children of school age. 

3. The commissioner of labor shall further co-operate with the commis- 
sioner of education and with the several boards of education and school com- 
missioners in the state, to devise methods for the proper instruction of adult 
and minor aliens in the English language and in respect to the duties and 
rights of citizenship and the fundamental principles of the American system 
of government, and otherwise to further their education. 

4. The commissioner of labor may inspect all labor camps within the state; 
and shall inspect all employment and contract labor agencies dealing prinic- 
pally with aliens, or who secure or negotiate contracts for their employment 
within the state; shall co-operate with other public authorities, to enforce all 
laws applicable to private bankers dealing with aliens and laborers; secure in- 
formation with respect to such aliens who shall be in prisons, almshouses and 
insane asylums of the state,, and who shall be deportable under the laws of 
the United States, and co-operate with the federal authorities and with such 
officials of the state having jurisdiction over such criminals, paupers and 
insane aliens who shall be confined as aforesaid, so as to facilitate the de- 
portation of such persons as shall come within the provisions of the aforesaid 
laws of the United States, relating to deportation; shall investigate and in- 
spect institutions established for the temporary shelter and care of aliens, 
and Such philanthropic societies as shall be organized for the purpose of 
securing employment for or aiding in the distribution of aliens, and the 
methods by which they are conducted. 

5. The commissioner of labor shall investigate conditions prevailing at the 
various places where aliens are landed within this state, and at the several 
docks, ferries, railway stations and on trains and boats therein, and in co- 
operation with the proper authorities, afford them protection against frauds, 



Heport of the Oommissionee of Labor, 1^10. idS 

crimes and exploitation; shall investigate any and all complaints with re- 
spect to frauds, extortion, incompetency and improper practices by notaries 
public, interpreters and other public official^, and present to the proper au- 
thorities the results of such investigation for action thereon; shall investi- 
gate and study the general social conditions of aliens within this state, for 
the purpose of inducing remedial action by the various agencies of the state 
possessing the requisite jurisdiction; and shall generally, in conjunction with 
existing public and private agencies, consider and devise means to promote 
the welfare of the state. 

§ 154. Proceedings before the commissioner of labor. — Any investigation, 
inquiry or hearing which the commissioner of labor has power to undertake 
or to hold may by special authorization from the commissioner of labor be 
undertaken or held by or before the chief investigator, and any decision ren- 
dered on such investigation, inquiry or hearing, when approved and confirmed 
by the commissioner and ordered filed in his oHice, shall be and be deemed 
to be the order of the commissioner. All hearings before the commissioner 
or chief investigator shall be governed by rules to be adopted and prescribed 
by the commissioner; and in all investigations, inquiries or hearings the com- 
missioner or chief investigator shall not be bound by technical rules of evi- 
dence. No person shall be excused from testifying or from producing any 
books or papers on any investigation or inquiry by or upon any hearing' be- 
fore the commissioner or chief investigator, when ordered to do so, lipon 
the ground that the testimony or evidence, books or documents required of 
him may tend to incriminate him or subject him to a penalty or forfeiture, 
but no person shall be prosecuted, punished or subjected to any penalty or 
forfeiture for or on account of any act, transaction, matter or thing concern^ 
ing which he shall under oath have testified or produced documentary evi- 
dence; provided, however, that no person so testifying shall be exempt from 
prosecution or punishment for any perjury committed by him in his testi- 
mony. 

§ 155. Registration and reports of employment agencies. — The term "em- 
ployment agency " as used in this act shall include any person, firm, corpo- 
ration or association regularly engaging in the business of negotiating labor 
contracts or of receiving applications for help or labor, or for places or posi- 
tions, excepting such as shall conduct agencies exclusively for procuring em- 
ployment for teachers, for incumbents of technical, clerical or executive posi- 
tions, for vaudeville or theatrical performers, musicians or nurses, and also 
excepting bureaus conducted by registered agricultural or medical institu- 
tions and, excepting also departments maintained by persons, firms, corpora- 
tions or associations for the purpose of securing help for themselves where 
no fee is charged the applicant for employment. All employment agencies 
other than those herein excepted shall on or before the first day of October, 
nineteen hundred and ten, and annually thereafter, file with the commissioner 
of labor a statement containing the name of the person, firm, corporation or 
association conducting such agency, the street and number of the place where 
the same shall be conducted and showing whether said agency is licensed or 
unlicensed, and if licensed, specifying the date and duration of the license, 
by whom granted and the number thereof. Such statements shall be regis- 
tered by the commissioner. Every such employment agency shall keep in the 

7 



I'fi4 New Yoek State DEPAB'tMENT of Labo&. 

office thereof a full record of the country of the birth of those for whom 
places pr positions are secured, their length of residence in this country, and 
the name and address of the person, firm or corporation to whom the per- 
sons for whom such places or positions arc secured shall be sent, the occupa- 
tion for which employment shall be secured, and tlie compensation to be paid 
to the person employed. The books and records of every such agency shall 
at (^11 reasonable hours be subject to examination by the commissioner of 
labor. Any person who shall fail to register with the commissioner of labor 
or to keep books or records shall be guilty of a misdemeanor and shall be 
punishable for the first offense by a fine of not less than ten dollars, nor 
more than twenty-five dollars, and for every subsequent offense by a fine of 
not less than twenty-five dollars, nor more than one hundred dollars, or by 
imprisonment for not more than thirty days, or by both such fine and im- 
prisonpient. 

§ 156. Reports. The commissioner of labor shall make an annual report 
to the legislature of the operation of this bureau. 

article: 11. 

ISmployment of IVoiiieii and Children In Mercantile EMtabllalintenta. 

[NOTE. — Vntil Octaher 1, 1908, the enforcement of this article everywhere teas 
in the hands of local boards of health. On October 1, 1908, enforcement in cities 
of the first class, was transferred to the Department of Labor; elsewhere enforce- 
ment remains as before (| 172.) Non-compliance tcith its provisions is a misde- 
meanor (Penal Law, § 1275, subd. 7, post)."] 

fi«ction 160. Application of article. 

161. Hours of labor of minors. 
161-a. Hours of labor of messengers. 

162. Employment of children. 

163. Employment certificate ; how issued. 

164. Contents of certificate. 

165. School record, what to contain.  

166. Summer vacation certificate. 

167. Registry of children employed. 

168. Wash-rooms and water-closets. 
100.' Lnnch rooms. 

170. Seats for women in mercantile establishments. 

171. Employment of women and children In basements. 

172. Enforcement of article. 

173. Copy of article to be posted. 

§ 160. Application of article. — The provisions of this article shall apply 
to all villages and cities which at the last preceding state enumeration had 
a population of three thousand or more. 

i 161« Hours of labor of minors. — No child under the age of sixteen yean 
shall be employed, permitted or suffered to work in or in connection with 
any mercantile establishment, business ofiice, or telegraph office, restaurant, 
hotel, apartment-house, bowling alley, or in the distribution or transmission 
of merchandise, articles or messages, or in the distribution or sale of articles 
or as a messenger, usher or checker in places of amusement, more than fifty- 
four hours in any one week, or more than nine hours in any one day, or 
before eight o'clock in the morning or after seven o'clock in the evening of 
any day. No female employee between sixteen and twenty-one years of 



Repobt of the Commissioner of Labor, 1910. 195 

age shall be required, permitted or suffered to work in or in connection with 
any mercantile establishment more than sixty hours in any one week; or 
more than ten hours in any one day, unless for the purpose of making a 
shorter work day of some one day of the week; or before seven o'clock in 
the morning or after ten o'clock in the evening of any day. This section does 
not apply to the employment of persons sixteen years of age or upward be- 
tween the eighteenth day of December and the following twenty-fourth day 
of December, both inclusive. Not less than forty-five minutes shall be allowed 
for the noonday meal of the employees of any such establishment. When- 
ever any employee is employed or permitted to work after seven o'clock in 
the evening, such employee shall be allowed at least twenty minutes to ob* 
tain, lunch or supper between five and seven o'clock in the evening. [As 
am'd by L, 1910, ch, 3»7.] 
Compare f 77, ante. 

§ 161 -a. Hours of labor of messengers. — In cities of the first or second 
class no person under the age of twenty-one years shall be employed or per*, 
mitted to work as a messenger for a telegraph or messenger company in the 
distribution, transmission or delivery of goods or messages before five o'clock 
in the morning or after ten o'clock in the evening of any day. [Added by l/- 
1910, ch. 342.] 

Compare Article 15, post, as to employment of chhildren in street trades. See 
also Penal Law, § 488, under Child Labor, post. 

§ 162. Employment of children.— No child under the age of fourteen years 
shall be employed or permitted to work in or in connection with any mer- 
cantile or other business or establishment specified in the preceding section, 
except that a child upward of twelve years of age may be employed therein 
in villages and cities of the second or third class during the summer vacation 
of the public schools of the city or district where such establishment is situ- 
ated. No child under the age of sixteen years shall be so employed or per- 
mitted to work unless an employment certificate, issued as provided in this 
article, shall have been theretofore filed in the effice of the employer at the 
place of employment of such child. [As am'd by L, 1909, ch, 293.] 
• Compare § 70, ante, and Education Law, § § 626, 628, post. 

Section 488 of the Penal Law makes it a misdemeanor to send a messenger boy 
into disorderly houses, unlicensed saloons, etc. 

§ 163. £mplo3nnent certificate; how issued. — Such certificate shall be issued 
by the commissioner of health or the executive officer of the board or de- 
partment of health of the city, town or village where such child resides or is 
to be employed, or by such officer thereof as may be designated by such 
board, department or commissioner for that purpose, upon the application of 
the parent, guardian or custodian of the child desiring such employment. 
Such officer shall not issue such certificate until he has received, examined, 
approved and filed the following papers duly executed, viz.: The school 
record of such child properly filled out and signed as provided in this article; 
also, evidence of age showing that the child is fourteen years old or up- 
wards, which shall consist of the evidence thereof provided in one of the fol- 
Towing subdivisions of this section and which shall be required in the order 
herein designated as follows: 

(a) Birth certificate. — A duly attested transcript of the birth certificate 
filed according to law with a registrar of vial statistics or other officer 



196 New Tobk State Department of Labor. 

charged with the duty of recording births which certificate shall be conclusive 
evidence of the age of such child. 

(b) Certificate of graduation. — A certificate of graduation duly issued to 
such child showing. that such child is a graduate of a public school of the 
state of New York or elsewhere, having a course of not less than eight years, 
or of a school in the state of New York other than a public school, having a 
substantially equivalent course of study of not less than eight years' dura- 
tion, in which a record of the attendance of such child has been kept as re- 
quired by article twenty of the education law, provided that the record of 
such school shows such child to be at least fourteen years of age. 

■(c) Passport or baptismal certificate. — A passport or a duly attested tran- 
script of a certificate of baptism showing the date of birth and place of bap- 
tism of such child. 

(d) Other documentary evidence. — In case it shall appear to the satisfac- 
tion of the officer to whom application is made, as herein provided, for an 
employment certificate, that a child for whom such certificate is requested 
and who has presented the school record, is in fact over fourteen years of 
age, and that satisfactory documentary evidence of age can be produced, 
which does not fall within any of the provisions of the preceding subdivisions 
of this section, and that none of the papers mentioned in aid subdivisions can 
be produced, then and not otherwise he shall present to the board of health 
of which he is an ofiicer or agent, for its action thereon, a statement signed 
by him showing such facts together with such affidavits or papers as may 
have been produced before him constituting such evidence of the age of such 
child, and the board of health, at a regular meeting thereof, may then, by 
resolution, provide that such evidence of age shall be fully entered on the 
minutes of such board, and shall be received as sufficient evidence of the 
age of such child for the purpose of this section. 

(e) Physicians' certificates. — In cities of the first class only, in case appli- 
cation for the issuance of an employment certificate shall be made to such 
officer by a child's parent, guardian or custodian who alleges his inability 
to produce any of the evidence of age specified in the preceding subdivisions 
of this section, and if the child is apparently at least fourteen years of age, 
such officer may receive and file an application signed by the parent, guardian 
or custodian of such child for physicians' certificates. Such application shall 
contain the alleged age, place and date of birth, and present residence of such 
child, together with such further facts as may be of assistance in determining 
the age of such child. Such application shall be filed for not less than 
ninety days after date of such application for such physicians' certificates, 
for an examination to be made of the statements contained therein, and in 
case no facts appear within such period or by such examination tending to 
discredit or contradict any material statement of such application, then 
and not otherwise the officer may direct such child to appear thereafter for 
physical examination before two physicians officially designated by the board 
of health, and in case such physicians shall certify in writing that they have 
separately examined such child and that in their opinion such child is at 
least fourteen years of age such officer shall accept such certificates as suffi- 
cient proof of the age of such child for the purposes of this section. In case 
the opinions of such physicians do not concur, the child shall be examined 



Kepoet of the Commissioner of Labok, 1910. 197 

by a third physician and the concurring opinions shall be conclusive for the 
purpose of this section as to the age of such child. 

Such officer shall require the evidence of age specified in subdivision (a) 
in preference to that specified in any subsequent subdivision and shall not 
accept the evidence of age permitted by any subsequent subdivision unless he 
shall receive and file in addition thereto an affidavit of the parent showing 
that no evidence of age specified in any preceding subdivision or subdivisions 
of this section can be produced. Such affidavit shall contain the age, place 
and date of birth, and present residence of such child, which affidavit must 
be taken before the officer issuing the employment certificate, who is hereby 
authorized and required to administer such oath and who shall not demand 
or receive a fee therefor. Such employment certificate shall not be issued 
until such child shall further have personally appeared before and been 
examined by the officer issuing the certificate, and until such officer shall, 
after making such examination, sign and file in his office a statement that 
the child can read and legibly write simple sentences in the English language 
and that in his opinion the child is fourteen years of age or upwards and 
has reached the normal development of a child of its age, and is in sound 
health and is physically able to perform the work which it intends to do. 
In doubtful cases such physical fitness shall be determined by a medical 
officer of the board or department of health. Every such. employment cer- 
tificate shall be signed in the presence of the officer issuing the same, by the 
child in whose name it is issued. 

Compare' § 71, ante, and notes. False statement in relation to the certificate or 
application therefor is specifically denounced as a misdemeanor by amendment to 
the Penal Law, § 1275, subd. 8. 

I 164. Contents of certificate. — Such certificate shall state the date and 
place of birth of the child, and describe the color of hair and eyes and the 
height and weight and any distinguisliing facial marks of such child, and 
that the papers required by the preceding section have been duly examined, 
approved and filed and that the child named in such certificate has appeared 
before the officer signing the certificate and been examined. 

Identical with I 72, ante-. 

f 165. School record, what to contain.-- The school record required by this 
article shall be signed by the principal or chief executive officer of the school 
which such child has attended and shall be furnished on demand to h child 
entitled thereto or to the board, department or commissioner of health. It 
shall contain a statement certifying that the child has regularly attended the 
public schools or schools equivalent thereto or parochial schools for not less 
than one hundred and thirty days during the twelve months next preceding 
his fourteenth birthday, or during the twelve months next preceding his 
application for such school record, and is able to read and write simple sen- 
tences in the English language, has received during such period instruction 
in reading, spelling, writing, English grammar and geography and is familiar 
with the fundamental operations of arithmetic up to and including fractions. 
Such school record shall also give the date of birth and residence of the 
child as shown on the records of the school and the name of its parents or 
guardian or ctistodian. 

Identical with § 73, ante. Compare § 630 of Education Law, post. 

I 166. Summer vaccition certificate.— Children of the age of twelve years 



l&S New Yobk State Department of Labor. 

or more who can read and write simple sentences in the English language, 
may be employed in mercantile and other establishments specified in section 
one hundred and sixty-one, in villages and cities of the third class during 
the Bimimer vacation of the public schools in the city or school district where 
such children reside, upon obtaining the vacation certificate herein provided. 
Such certificate shall be issued in. the same manner, upon the same conditions, 
and on like proof that such child is twelve years of age or upwards, and is 
in sound health, as are required for the issuance of an employment certificate 
under this article, except that a school record of such child shall not be 
required. The certificates provided for in this section shall be designated 
summer vacation certificates, and shall correspond in form and substance as 
nearly as practicable to such employment certificate, and shall in addition 
thereto specify the time in which the same shall remain in force and effect, 
which in no case shall be other than the time in which the public schools 
where such children reside are closed for a summer vacation. 

Section 162, aniCj permits vacation work in cities of the second class also. 

§ 167. Registry of children employed. — The owner, manager or agent of a 
mercantile or other establishment specified in section one hundred and sixty- 
one, employing children, shall keep or cause to be kept, in the office of such 
establishment, a register, in which shall be recorded the name, birthplace, 
age and place of residence of all children so employed under the . age of 
sixteen years. Such register and the certificate filed in such office shall be 
produced for inspection, upon the demand of an officer of the board, depart- 
ment or commissioner of health of the town, village or cify where such estab- 
lishment is situated, or if such establishment is situated in a city 
of the first class upon the demand of the commissioner of labor. On termi- 
nation of the employment of the child so registered and whose certificate is 
so filed, such certificate shall be forthwith surrendered by the employer to 
the child or its parent or guardian or custodian. An officer of the board, 
department or commissioner of health of the town, village or city where a 
mercantile or other establishment mentioned in this article is situated, or 
if such establishment is situated in a city of the first class the commissioner 
of labor, may make demand on an employer in whose establishment a child 
apparently under the age of sixteen years is employed or permitted or suf- 
fered to work, and whose employment certificate is not then filed as required 
by this chapter, that such employer shall either furnish him, within ten days, 
evidence satisfactory to him that such child is in fact over sixteen years 
of age, or shall cease to employ or permit or suffer such child to work in. such 
establishment. The officer may require from such employer the same evidence 
of age of such child as is required on the issuance of an employment certifi- 
cate; and the employer furnishing such evidence shall not be required to 
furnish any further evidence of the age of the child. A notice embodying 
such demand may be served on such employer personally or may be sent 
by mail addressed to him at said establishment, and if served by post shall 
be deemed to have been served at the time when the letter containing the same 
would be delivered in the ordinary course of the post. When the employer 
is a corporation such notice may be served either personally upon an officer 
of such corporation, or by sending it by post addressed to the office or the 
principal place of business of such corporation. The papers constituting such 



Eepoet of the Commissioner of Laboe, I&IO. 199 

evidence of age furnished by the employer in response to such demand shall, 
except in cities of the first class^ be filed with the board, department or 
commissioner of health, and in <!;ities of the first class with the com- 
missioner of labor, and a material false statement made in any such 
paper or affidavit by any person shall be a misdemeanor. In case such em- 
ployer shall fail to produce and deliver to the officer of the board, department 
or commissioner of health, or in cities of the first class to the commissioner 
of labor, within ten days after such demand such evidence of age herein re- 
quired by him, and shall thereafter continue to employ such child or permit 
or suflFer such chfid to work in such mercantile or other establishment, proof 
of the giving of such notice and of such failure to produce and file such 
evidence shall be prima facie evidence in any prosecution brought for a vio- 
lation of this article that such child is under sixteen years of age and is 
unlawfully employed. 

Cf. § 76, ante. 

§ 168. W^sh-rooms and water-closets. — Suitable and proper wash-rooms 
and water-closets shall be provided in, adjacent to or connected with mer- 
cantile establishments where women and children are employed. Such rooms 
and closets shall be so located and arranged .as ta be easily accessible io the 
employees of such establishments. 

Such water-closets shall be properly screened and ventilated, and, at all 
times, kept in a clean condition. The water-closets- assigned to the female 
employees of such establishments '^hall be separate from thpse assigned to 
the male employees. 

If a mercantile establishment has not provided wash-rooms and water- 
closets, as required by this section, the board or depairtment of health or 
health commissioners of the town, village or city where such estiablishment is 
situated, unless such establishment is situated in a city of tlie first class in 
which case the commissioner of labor shall cause to be served upon the owner, 
agent or lessee of the building occupied by such establishment a written no- 
tice of the omission and directing such owner, agent or lessee to comply 
Avith the provisions of this section respecting such wash-rooms and water- 
closets. 

Such owner shall, within fifteen days after the receipt of such notice, cause 
such wagh-rooms and water-closets to be provided. 

Cf. % 88, ante. 

§ 169. Lunch-rooms. — If a lunch-room is provided in a mercantile estab- 
lishment where females are employed, such lunch-room shall not be next to 
or adjoining the water-closets, unless permission is first obtained from the 
board or department of health or health commissioners of the town, village or 
city where such mercantile establishment is situated, unless such establish- 
ment is situated in a city of the first class in which case such permission 
must be obtained from the commissioner of labor. Such permission shall be 
granted unless it appears that proper sanitary conditions do not exist, and 
it may be revoked at any time by the board or department of health or 
health commissioners, if it appears that such lunch-room is kept in a manner 
or in a part of a building injurious to the health of the employees, unless 
such establishment is situated in a city of the first class in which case said 
permission may be so revoked by the commisioner of labor. 



200 New York State Department of Labor. 

§ 170. Seats for women in mercantile establishments. — Chairs, stools or 
other suitable seats shall be maintained in mercantile establishments for the 
use of female employees therein, to the number of at least one seat for every 
three females employed, and the use thereof by such employees shall be al- 
lowed at such times and to such extent as may be necessary for the preser- 
vation of their health. If the duties of the female employees, for the use of 
whom the seats are furnished, are to be principally performed in front of a 
counter, table, desk or fixture, such seats shall be placed in front thereof; 
if such duties are to be principally performed behind such counter, table, desk 
or fixture, such seats shall be placed behind the same. 

Cf. S 17, ante. 

§ 171. Employment of women and children in basements. — Women or chil- 
dren shall not be employed or permitted to work in the basement of a mer- 
cantile establishment, unless permitted by the board or department of health, 
or health commissioner of the town, village or city where such mercantile 
establishment is situated, unless such establishment is situated in a city of 
the first class in which case such permission must be obtained from the com- 
missioner of labor. Such permission shall be granted unless it appears that 
such basement is not suiiieiently lighted and ventilated, and is not in good 
sanitary condition. 

i 172. Enforcement of article.— Except in cities of the first class the board 
or department of health or health commissioners of a town, village or city 
affected by this article shall enforce the^^ same and prosecute all violations 
thereof. Proceedings to prosecute such violations must be begun within sixty 
days after the alleged olfense was committed. All officers and members of 
such boards, or department, all health commissioners, inspectors and other 
persons appointed or designated by such boards, departments or commission- 
ers may visit and inspect, at reasonable hours and when practicable and 
necessary, all mercantile or other establishments herein specified within the 
town, village or city for which they are appointed. No person shall inter- 
fere with or prevent any such officer from making such visitations and in- 
spections, nor shall he be obstructed or injured by force or otherwise while 
in the performance of his duties. All persons connected with any such mer- 
cantile or other establishment herein specified shall properly answer all ques- 
tions asked by such officer or inspector in reference to any of the provisions 
of this article. In cities of the first class the commissioner of labor shall 
enforce the provisions of this article, and for that purpose he and his sub- 
ordinates shall possess all powers herein, conferred upon town, village, or 
city boards and departments of health and their commissioners, inspectors, 
and other officers, except that the board or department of health of said 
cities of the first class shall continue to issue employment certificates as pro- 
vided in section one hundred and sixty-three of this chapter. 

§ 173. Copy of article to be posted. — A copy of this article shall be posted 
in a conspicuous place on every floor in each establishment wherein three or 
more persons are employed who are affected by its provisions. 



Report of the Commissioner of Labor, 1910. 201 



ARTICLE 12. 

Bareaa of Mercantile Inspection. 

Section ISO. Mercantile Inspoctor. 

181. Deputies. 

182. General powers and duties. 

183. Reports. 

184. Laws to be posted. 

§ 180. Mercantile inspector. — There shall be a bureau of mercantile inspira- 
tion, which shall be under the immediate charge of a mercantile inspector* 
but subject to the direction and supervision of the commissioner of labor. 
The mercantile inspector shall be appointed and be at pleasure removed by 
the commissioner of labor, and shall receive such annual salary not to exceed 
three thousand dollars as may be appropriated therefor. [As ain'd by L. 1910, 
eh. 510.] 

Cf. S 42, ante. 

§ 181. Deputies. — The commissioner of labor may appoint from time to 
time not more than ten deputy mercantile inspectors, not less than two of 
whom shall be women, and who may be removed by him at any time. The 
deputy mercantile inspectors may be divided into three grades, but not more 
than two shall be of the third grade. Each deputy inspector of the first grade 
shall receive an annual salary of one thousand dollars, each of the second 
grade an annual salary of one thousand two hundred dollars, and each of 
the third grade an annual salary of one thousand five hundred dollars. 

§ 182. General powers and duties. — 1. The commissioner of labor may 
divide the cities of the first class of the state into districts, assign one or 
more deputy mercantile inspectors to each district, and may in his discretion 
transfer them from one district to another; he may assign any of them to 
inspect any special class or classes of mercantile or other establishments 
specified in article eleven of this chapter, situated in cities of the first class, 
or to enforce in cities of the first class any special provisions of such article. 

2. The commissioner of labor may authorize any deputy commissioner or 
assistant and any special agent or inspector in the department of labor to act 
as a deputy mercantile inspector with the full power and authority thereof. 

3. The commissioner of labor, the mercantile inspector and his assistant or 
assistants and every deputy or acting deputy mercantile inspector may in the 
discharge of his duties enter any place, building or room in cities of the first 
class where any labor is performed which is affected by the provisions of 
article eleven of this chapter, and may enter any mercantile or, other estab- 
lishment specified in said article, situated in cities of the first class^ when- 
ever he may have reasonable cause to believe that any such labor is performed 
therein. • 

4. The commissioner of labor shall visit and inspect or cause to be visited 
and inspected the mercantile' and other establishments specified in article 
eleven of this chapter situated in cities of the first class, as often as practi- 
cable, and shall cause the provisions of said article to be enforced therein. 

5. Any lawful municipal ordinance, by-law or regulation relating to mer- 
cantile and other establishments specified in article eleven of this chapter, in 
addition to the provisions of this chapter and not in conflict therewith, may 
be enforced by the commissioner of labor in cities of the first class. 



202 Kew York State DeparTMext of Labor. 

§ 183. Reports. — The commissioner of labor shall make an annual report 
to the legislature of the operation of this bureau. 

§ 184. Laws to be posted. — ^A copy or abstract of the applicable provisions 
of this chapter, to be prepared and furnished by the commissioner of labor, 
shall be kept posted by the employer in a conspicuous place on each floor of 
every mercantile or other establishment specified in article eleven of this 
chapter, situated in a city of the first class, wherein three or more persons 
are employed who are affected by such provisions. 

ARTICIiB 18. 

Convict-ntade Goods and Duties of Commissioner of Labor Relative 

Thereto. 

[Compare S 620 of the Penal Late, post. See also subject Prison Labor, post. 
A8 to conetitutiondlity see People v. Seattle, 96 App. Div. 383 ; People ex rel. 
Appel V. Zimmerman, 102 App. Div. 103 ; People v. HtMckins, 157 N. Y. 1; mid 
People ear rel. Phillips v. Raynes, 136 App. Div. 417, aff'd 198 N. Y. Mem. 39. 
Also Coi^stiiuition, art. 3, § 29, under Prison Laror, post.] 

8ection 190. License for sale of convict-made goods. 

191. Revocation of license. 

192. Annual statement of licensee. 

193. Labeling and marking convict-made goods. 

194. Duties of commissioner of labor relative to violations ; fines upon 

convictions. 

195. Article n6t to apply to goods manufactured for use of state or a 

municipal corporation. 

f 190. License for sale of convict-made goods. — No person or corporation 
shall sell, or expose for sale, any convict-made goods, wares or merchandise, 
either by sample or otherwise, without a license therefor. Such license may 
be obtained upon application in writing to the comptroller, setting forth* the 
residence of post-office address of the applicant, the class of goods desired to 
be dealt in, the town, village or city, with the street number, if any, at which 
the business of such applicant is to be located. Such application shall be 
accompanied with a bond, executed by two or more responsible citizens, or 
some legally incorporated surety company authorized to do biisiness in this 
state, to be approved by the comptroller, in the sura of five thousand dollars, 
and conditioned that such applicant will comply with all the provisions of 
law relative to the sale of convict-made goods, wares and merchandise. Such 
license shall be for a term of one year unless sooner revoked. Such person 
or corporation shall pay, annually, on or before the fifteenth day of January, 
the sum of five hundred dollars as a license fee, into the treasury of the 
state, which amount shall be credited to the maintenance account of the 
state prisons. 

Such license shall be kept conspicuously posted in the place of business of 
such licensee. 

The requirement of a license as in this section Is unconstitutional : People 
ex rel. Phillips v. Rayner, 136 App. Div. 417, aff'd 198 N. Y. Mem. 39. 

Products of labor of prisoners in this state not to be sold: Const., art. Ill, 
I 29, post, 

§ 191. Revocation of license. — The comptroller may revoke the license of 
any; such person or corporation, upon satisfactory evidence of, or upon con- 
viction for the violation of any statute regulating the sale of convict-made 



Report 6V the CoMMiSSt6i^£fe of Labor, I&IO. 203 

good, wares or merchandise; such revocation shall not be made until after 
due notice to the licensee so complained of. For the purpose of this section, 
the comptroller or any person duly appointed by him, may administer oaths 
and subpoena witnesses and take and hear testimony. 

§ 192. Annual statement of licensee. — Each person or corporation so li- 
censed shall, annually, on or before the fifteenth day of January, transmit 
to the secretary of state a verified statement setting forth: 

1. The name of the person or corporation licensed. 

2. The names of the persons, agents, wardens or keepers 'of any prison, jail, 
penitentiary, reformatory or establishment using convict labor, with whom 
he has done business, and the name and address of the person or corpora- 
tion to whom he has sold goods, wares and merchandie, and 

3. In general terms, the amount paid to each of such agents, wardens or 
keepers, for goods, wares or merchandise and the character thereof. 

§ 193. Labeling and marking convict-made goods. — ^AU goods, wares and 
merchandise made by convict labor in a penitentiary, prison, reformatory or 
other establishment in which convict labor is employed, shall be branded, la- 
beled or marked as herein provided. The brand, label or mark, used for such 
purpose, shall contain at the head or top thereof, the words " convict- made," 
followed by the year when, and the name of the penitentiary, prison, reform- 
atory or other establiehment in \shich the article branded, labeled or marked 
was made. 

Such brands, labels and marks ghall be printed in plain English lettering, 
of the style and size known as great primer Roman condensed capitals. A 
brand or mark ^liall be used in all cases where the nature of the article will 
permit and only where such branding or marking is impossible shall a label 
be used. Such label shall be in the form of a paper tag and shall be attached 
by wire to each article, where the nature of the article will permit, and shall 
be placed securely upon the box, crate or other covering in which such goods, 
wares or merchandise are packed, shipped or exposed for sale. 

Such brand, mark or label shall.be placed upon the most conspicuous part 
of the finished article and its box, crate or covering. 

No convict-made goods, wares or merchandise shall be sold or exposed for 
sale without such brand, mark or label. 

The requirement of branding of goods from other states was held uncon- 
stitutional in 1898 in People v. Hawkins, 157 N. Y. 1. 

§ 194. Duties of commissioner of labor relative to violations; fines upon 
convictions. — The commissioner of labor shall enforce the provisions of this 
article. If he has reason to believe that any of such provisions are being 
violated, he shall advise the district attorney of the county wherein such 
alleged violation has occurred of such fact, giving the information in support 
of his conclusion. The district attorney shall, at once, institute the proper 
proceedings to compel compliance with this article and secure conviction for 
such violations. 

Upon the conviction of a person or corporation for a violation of this 
article, one-half of the fine recovered shall be paid and certified by the dis- 
trict attorney to the commissioner of labor, who shall use such money in 
investigating and securing information in regard to violations of this chap- 
ter, and in paying the expenses of such conviction. 

Cf. Penal Law, $ 020, post. 



204 New York State DEPARTMtix'r of Labor. 

§ 105. Article not to apply to goods manufactured for use of state or a 
municipal corporation. — Nothing in this article shall apply to or affect the 
manufacture in state prisons, reformatories and peniteiitiaries, and furnish- 
ing of articles for the use of the offices, departments and institutions of the 
state or any political division thereof, as provided by section one hundred 
fifty-eight, one hundred seventy to one hundred seventy-five, both inclusive, 
one hundred seventy-seven, one hundred seventy eight, one hundred eighty- 
one, one hundred eighty- three,, one hundred eighty-five, one hundred eighty- 
six, one hundred eighty-nine, and one hundred ninety-one of the prison law. 

article: 14. 

Eiiiiployer'ii I.iablllty. 

[In the vase of railway employees there should le read with this article section 
64 of the Railroad Late given nnder Duties and Liabilities of Employers and 
Employees, post. Cf. also article 14-a, post.] 

Section 200. Employer's liability for injuries. 

201. Notice to be served. 

202. Assumption of risks ; contributory negligence, when a question of fact. 
202-a. Trial ; burden of proof. 

203. Defense ; insurance fund. 

204. Existing rights of action continued. 

205. Consent by employer and employee to compensation plan. 

206. Liability to pay compensation ; notice of accident 

207. Amount of compensation^ persons entitled; physical examination. 

208. Settlement of disputes. 

209. Preferential claim ; not assignable or subject to attachment ; attor- 

ney's fee. 

210. Cancellation of consent. 

211. Reports of compensation plan. . 

212. Reports by employer. 

§ 200. Employer's liability for injuries. — When personal injury is caused 
to an employee who is himself in the exercise of due care and diligence at 
the time: 

1. By reason of any defect in the condition of the ways, works, machinery, 
or plant, connected with or used in 'the business of the employer which arose 
from or had not been discovered or remedied owing to the negligence of the 
employer or of any person in the service of the employer and intrusted by 
him with the duty of seeing that the ways, works, machinery, or plant, were 
in proper condition; 

2. By reason of the negligence of any person in the service of the employer 
intrusted with any superintendence or by reason of the negligence of any 
person intrusted with authority to direct, control or .command any employee 
in the performance of the duty of such employee. The employee, or in case 
the injury results in death, the executor or administrator of a deceased 
employee who has left him surviving a husband, wife or next of kin, shall 
have the same right of compensation and remedies against the em- 
ployer as if the employee had not been an employee of nor in the 
service of the employer nor engaged in his work. The provisions of law 
relating to actions for causing death by negligence, so far as the same are 
consistent with this act, shall apply to an action brought by an executor 
or administrator of a deceased employee, suing under the provisions of this 



Report of the Commissioner of Labor, 1910. 2'0'5 

article. If an employer enters into a contract, written or verbal, with an 
independent contractor to do part of such employer's work, or if such con- 
tractor enters into a contract with a subcontractor to do all or any part of 
the work comprised in such contractor's contract with the employer, such con- 
tract or subcontract shall not bar the liability of the employer for the inju- 
ries to the employees of such contractor or subcontractor, caused by any de- 
fect in the condition of the ways, works, machinery, or plant, if they are 
the property of the employer or are furnished by him, and if such defect 
arose, or had not been discovered or remedied, through the negligence of the 
employer, or of some person intrusted by him with the duty of seeing that 
they were in proper condition. [As am*d by L. 1910, ch. 352.] 

§ 201. Notice to be served.^- No action for recovery of compensation for 
injury or death under this article shall be maintained unless notice of the 
time, place and cause of the injury is given to the employer within one 
hundred and twenty days and the action is commenced within one year after 
the occurrence of the accident causing the injury or death. The notice re- 
quired by this section shall be in writing and signed by the person injured 
or by sonie one in his behalf, but if from physical or mental incapacity it 
is impossible for the person injured to give notice within the time provided 
in this section, he may give the same within ten days after such incapacity 
'is removed. In case of his death without having given such notice, his execu- 
tor or administrator may give such notice within sixty days after his appoint- 
ment, but no notice under the provisions of this section shall be deemed to 
be invalid or insufficient solely by reason of any inaccuracy in stating the 
time, place or cause of the injury if it be shown that there was no intention 
to mislead and that the party entitled to notice was not in fact misled thereby. 
If such notice does not apprise the employer of the time, place or cause of 
injury, he may, within eight days after service thereof, serve upon the sender 
a written demand for a further notice, which demand must specify the' par- 
ticular in which the first notice is claimed to be defective, and a failure by 
the employer to make such demand as herein provided shall be a waiver of 
all defects that the notice may contain. After service of such demand as 
herein provided, the sender of such notice may at any time within eight 
days thereafter serve an amended notice which shall supersede such first 
notice and have the same effect as an original notice hereunder. The 
notice required by this section shall be served on the employer, or if there is 
more than one employer, upon one of such employers, and may be served by 
delivering the same to or at the residence or place of business of the person 
on whom it is to be served. The notice or demand may be served by post by 
letter addressed to the person on whom it is to be served, at his last known 
place of residence or place of business, and if served by post shall be 
deemed to have been served at the time when the letter containing the same 
would be delivered in the ordinary course of the post. When the employer is 
a corporation, notice shall be served by delivering the same or by sending it 
by post addressed to the office or principal place of business of such cor- 
poration. [As am*d by L. 1910, ch. 352.] 

§ 202. Assumption of risks; contributory negligence, when a question of 
fact. — An employee by entering upon or continuing in the service of the 
employer shall be presumed to have assented to the necessary risks of the 



20G Xew Yokk State Depaetaie^t of Labor. 

occupation or employment and no others. The necessary risks of the occupa- 
tion or employment shall, in all cases arising after this article takes effect, 
be considered as including those risks, and those only, inherent in the nature 
of the business which remain after the employer has exercised due care in 
providing for the safety of his employees, and has complied with the laws 
affecting or regulating such business or occupation for the greater safety of 
such employees. In an action brought to recover damages for personal injury 
or for death resulting therefrom received after this act takes effect, owing 
to any cause, including open and visible defects, for which the employer 
would be liable but for the hitherto available defense of assumption of risk 
by the employee, the fact that the employee continued in the service of the 
employer in the same place and course of employment after the discovery by 
such employee, or after he had been informed of the danger of personal in- 
jury therefrom shall not be, as matter of fact or as matter of law, an as- 
sumption of the risk of injury therefrom, but an employee, or his legal rep- 
resentative, shall not be entitled under this article to any right af compensa- 
tion or remedy against the employer in any case where such employee knew 
of the defect or negligence which caused the injury and failed, within a rea- 
sonable time, to give, or cause to be given, information thereof to the em- 
ployer, or to some person superior to himself in the service of the employer, 
or who had intrusted to him some superintendence, unless it shall appear on 
the trial that such defect or negligence was known to such employer, or 
superior person, prior to such injuries to the employee; or unless such defect 
could have been discovered by such employer by reasonable and proper care, 
tests or inspection. [As am'd by L. 1910, ch. 352.] 

§ 202-a. Trial; burden of proof.— On the trial of any action brought by 
.an employee or his personal representative to recover damages for negligence 
arising out of and in the course of such employment, contributory negligence 
of the injured employee shall be a defense to be so pleaded and proved by 
the defendant. [Added by L. 1910, ch. 352.] 

§ 203. Defense; insurance fund. — An employer who shall have contributed 
to an insurance fund created and maintained for the mutual purpose of in- 
demnifying an employee for personal injuries, for which compensation may 
be recovered under this article, or to any relief society or benefit fund created 
under the laws of this state, may prove in mitigation of damages recoverable 
by an employee under th«s article such proportion of the pecuniary benefit 
which has been received by such employee from such fund or society on 
account of such contribution of the employer, as the contribution of such 
employer to such fund or society bears to the whole contribution thereto. 

Under the common law an agreement relieving the employer from liability Is 
void. .Johnston v. Fargo, as President of the American Express Company, 184 
N. Y. 379 (190G), aff'g 98 App. Div. 436. 

§ 204. Existing rights of action continued. — Every existing right of action 
for negligence or to recover damages for injuries resulting in death is con- 
tinued and nothing in this article contained shall be construed as limiting 
any such right of action, nor phall the failure to give the notice provided for 
in section two hundred and one of tliis article be a bar to the maintenance 
of a suit upon any such existing right of action. 

§ 205. Consent by employer and employee to compensation plan. — ^When 
and if any employer in this state and any of his employees shall consent to 



Repobt of the 'CbiifMissioNEB OF Labob, I&IO, -' 207 

the compensation plan described in sections two hundred and six to two hun- 
dred and twelve, inclusive, of this article, hereinafter referred to as the plan, 
and shall signify their consent thereto in writing signed by each of them or 
their authorized agents, and acknowledged in the manner prescribed by law 
for taking the acknowledgment of a conveyance of real property, and. such 
writing is filed with the county clerk of the county in which it is signed by 
the employee, then so long as such consent has not ec^pired or been canceled 
as hereinafter provided, such employee, or in case, injiu-y , to him result^ in 
death, his executor or administrator, shall have no other right of action 
against the employer for personal injury or death off any kindy under any 
statute or at common law, save under the plan so consented to, except where 
personal injury to the employee is caused in whole or in part by the failure 
of the employer to obey a valid order made by the commissioner of labor or 
other public authority authorized to require the employer to. safeguard . his 
employees, or where such injury is caused by the serious or willful miscon- 
duct of the employer. In such excepted cases thus described, no right of 
action which the employee has at common law or by any other statute sihall 
be aifected or lost by his consent to the plan, if such • employ ee, or in case 
of death his executor or administrator, commences such action before accept- 
ing any benefit under such plan or giving any notice of injury as provided 
in section two hundred and six hereof. The commencing of any legaj. action 
whatsoever at common law or by any statute against the employer on ac- 
count of such injury, except under the plan> shall bar the employee, and in. 
the event of his death his executors, administrators, dependents and other 
beneficiaries, from all benefit under the plan. This section and sections two 
hundred and six to two hundred and twelve, inclusive, of. this article shall 
not apply to a railroad corporation, foreign or domestic^ doing bui^iness in 
this state, or a receiver thereof, or to any person employed by such corpo- 
ration or receiver. [Added hy L. 1910, cfe. 302.] . • 

§ 206. Liability to pay compensation; notice of • accident.^ — If . personal in- 
jury by accident arising out of and in the course of the employment is 
caused to the employee, the employer shall, subject as hereint^fter mentioned, 
be liable to pay compensation under the plan at the rates set out in section 
two hundred and seven of this article: provided that the eipployer shall .not 
be liable in respect of any injury which does not. disable the employ^ for 
a period of at least two weeks from earning full wages at the work s^t which 
he was employed, and that the employer shall not be liable in respect of .any 
injury to the employee which is caused by the serious, and willful miscon- 
duct of that employee. No proceedings for recovery under the plan provided 
hereby shall be maintained unless notice of the accident has bee.n given to 
the employer as soon as practicable after the happening thereof and before 
the employee has voluntarily left the employment in which he w^s injured 
and during such disability, and unless claim for compensation with respect 
to the accident has been made within six months from the occurrence of the 
accident, or in the case of death of the employee, or in the event of his 
physical or mental 'incapacity within six months after Stuch death ot re- 
moval of such physical or mental incapacity, or in the event that weekly 
payments have been made under th^ plan, within six months after such 
paymentjB have ceased; but no want of or defect or inaccurapy of a notice 



208 Xew York State Depautment of Laboe. 

4 

shall be a bar to the maintenance of proceedings under the plan unless the 
employer proves that he is prejudiced by such want, defect or inaccuracy. 
Notice of the accident shall apprise the employer of the claim for compen- 
sation under this plan and shall state the name and address of the employee 
injured, the date and place of the accident and in simple language the cause 
thereof. The notice may be served personally or by sending it by mail in 
a registered letter addressed to the employer at his last known residence or 
place of business. [Added by L. 1910, ch, 3o2.] 

% 207. Amount of compensation; persons entitled; physical examination. — 
The amount of compensation under the plan shall be: 1. In case death re- 
sults from injury: 

(a) If the employee leaves a widow or next of kin at the time of his 
death wholly dependent on his earnings, a sum equal to twelve hundred times 
the daily earnings of the employee at the rate at which he was being paid 
by the employer at the time of the accident, but not more in any event than 
three thousand dollars. Any weekly payments previously made under the 
plan shall be deducted in ascertaining such amount payable on death. 

(b) If such widow or next of kin or any of them are in part only depend- 
ent upon his earnings, such sum not exceeding that provided in subdivision 
a as may be determined to be reasonable and proportionate to the injury 
to such dependents. 

(c) If he leaves no widow, or next of kin so dependent in whole or in- 
part, the reasonable expenses of his medical attendance and burial, not ex- 
ceeding one hundred dollars. Whatever sum may be determined to be pay- 
able under the plan, in case of death of the injured employee, shall be paid 
to his legal representative for the benefit of such dependents, or if he leaves 
no such dependents, for the benefit of the person to whom the expenses of 
medical attendance and burial are due. 

2. Where total or partial incapacity for work at any gainful employment re- 
sults to the employee from the injury, a weekly payment commencing at the 
end of the second week after the injury and continuing during incapacity, 
subject as herein provided, not exceeding fifty per centum of his average 
weekly earnings when at work on full time during the preceding year during 
which he shall have been in the employment of the same employer, or if he 
shall have been employed less than a year, then a weekly payment of not ex- 
ceeding three times the uverage daily earnings on full time for such less 
period. 

In fixing the amount of the weekly payment, regard shall be had to any 
payment, allowance or benefit which the workman may have received from 
the employer during the period of his incapacity, and in the case of partial 
incapacity the weekly payment shall in no case exceed the difference be- 
tween the amount of the average weekly earnings of the workman before 
the accident and the average amount which he is earning or is able to earn 
in some suitable employment or business after the accident but shall 
amount to one-half of such difference. In no event shall any weekly, pay- 
ment payable under the plan exceed ten dollars per week or extend over more 
than eight years from the date of the accident. Any person entitled to receive 
weekly payments under the plan is required, if requested by the employer, 
to submit himself for examination by a duly qualified medical practitioner 



Report of the Commissioner of Labor, 1910. 20'0 

or surgeon provided and paid for by the employer, at a time and place rea- 
sonably convenient for the employee, within three weeks after the injury, 
and thereafter at intervals not oftener than once in six weeks. If the work- 
man refuses so to submit or obstructs the same, his right to weekly pay- 
ments shall be suspended until such examination shall have taken place, and 
no compensation shall be payable under the plan during such period. In 
cage an injured employee shall be mentally incompetent at the time when 
any right or privilege accrues to him under the plan, a committee or guar- 
dian of the incompetent appointed pursuant to law may, on behalf of such 
incompetent, claim and exercise any such right or privilege with the same 
force and effect as if the employee himself had been competent and had 
claimed or exercised any such right or privilege; and no limitation of time 
herein provided for shall run so long as said incompetent employee has no 
committee or guardian. [Added hy L. 1910, ch. 352.] 

§ 208. Settlement of disputes. — Any question of law or fact arising In 
regard to the application of the plan in determining the compensation pay- 
able thereunder or otherwise shall be determined either by agreement or by 
arbitration as provided in the code of civil procedure, or by an action at 
law as herein provided. In case the employer shall be in default in any of 
his obligations to the employee under the plan, the injured employee or his 
committee or guardian, if such be appointed, or his executor or administra- 
tor, may then bring an action to recover compensation under the plan in 
any court having jurisdiction thereof as on a written contract. Such action 
shall be conducted in the same manner as an action at law for the recovery 
of damages for breach of a written contract, and shall for all purposes, in- 
cluding the determination of jurisdiction, be deemed such an action. The 
judgment in such action, in favor of the plaintiff, shall be for a lump sum 
equal to the amount of the payments then due and prospectively due under 
the plan. In such action by an executor or administrator the judgment 
may provide the proportions of the award or the costs to be distributed to 
or between the several dependents. If such determination is not made it 
shall be determined Jby the surrogate's court by which such executor or ad- 
ministt-ator is appointed, in accordance with the terms of this article on 
petition of any party on such notice as such court may direct. [Added hy 
L. 1910, ch. 352.] 

§ 209. Preferential claim; not assignable or subject to attachment; attor- 
ney's tee. — Any person entitled to weekly payments under the plan against 
any employer shall have the same preferential claim therefor against the 
assets of the employer as now allowed by law for a claim by such person 
against such employer for unpaid wages or personal services. Weekly pay- 
ments due under, the plan shall not be assignable or subject to attachment, 
levy or execution. No claim of an attorney for any contingent interest in 
any recovery under the plan for services in securing such recovery shall be 
an enforceable lien thereon, unless the amount of the same be approved in 
writing by a justice of the supreme court, or in case the same is tried in 
any court, before the justice presiding at such trial. [Added hy L. 1910, ch. 
352.] 

§ 210. Cancellation of consent. — ^When a consent to the plan shall have 
been filed in the office of the county clerk as herein provided, it shall be 



210 Xew York State Depaktmknt of Laboe. 

binding upon both parties thereto as long as the relation of employer and 
employee exists between the parties, and expire at the end of such employ- 
ment, but it may at any time be canceled on sixty days* notice in writing 
from either party to the other. Such notice of cancellation shall be eflfect- 
ive only if served personally or sent by registered letter to the last known 
post-office address of the party to whom it is addressed, but no notice of 
cancellation shall be effective as to a claim for injury occurring previous 
thereto. [Added by L. 1910, ch. 352.] 

{ 211. Reports of compensation plan. — Each employer who shall sign 
with any employee a consent to the plan shall, within thirty days there- 
after, file with the commissioner of labor a statement thereof, signed by 
such employer, which shall show (a) the name of the employer and his 
post-office address, (b) the name of the employee and his last known post- 
office address, (c) the date of, and office where the original consent is filed, 
(d) the weekly wage of the employee at the time the consent is signed; un- 
less such statement is duly filed, such consent of the employee shall not be 
a bar to any proceeding at law commenced by the employee against the em- 
ployer. [Added by L. 1910, ch. 352.] 

§ 212. Reports by employer. — Each employer of labor in this state who 
shall have entered into the plan with any employee shall, on or before th*} 
first day of January, nineteen hundred and eleven, and thereafter and at 
such times as may be required by the commissioner of labor, make a report 
to such commissioner of all amounts, if any, paid by him under such plan 
to injured employees, stating the name of such employees, and showing 
separately the amounts paid under agreement with the employees, and the 
amounts paid after proceedings at law, and the proceedings at law under 
the plan then pending. Such reports shall be verified by the employer or a 
duly authorized agent in the same manner as affidavits. [Added by L. 
1910, ch, 352.] 

ARTICLE 14-a. 

"Worlaneik^n Compensation in Certain Danarerons Employments. 

[Added by L. 1910, ch. 674. The Appellate Division of the Supreme Court, 
Fourth Department, has upheld the constitutionality of this article in Ives v. 
South Buffalo Ry. Co. {decided Oct. 21, 1910). This case, on appeal, was heard 
in the Court of Appeals on January 16, 1911.] 

Spction 215. Application of article. 

216. Definitions. 

217. Basis of liability. 

218. Rights of action not affected. ' 

219. Notice of accident. • 
219-a. Scale of compensation. 

219-b. Medical examinations. . ' 

219-c. Incompetency of workman. ' 

i219-d. Settlement of disputes. 

219-e. Preferences and exemptions. 

219-f. 'Attorneys' liens. 

219-g. Liability of principal contractors. 

{ 215. Application of article.— This article shall apply only to workmen 
engaged in manual or mechanical labor in the following employments, each 
of which is hereby determined to be especially dangerous, ia which from 



Ubport of TiiE 'Commissioned of Labor, 1910. 211 

the nature, conditions or means of prosecution of the work therein, extra- 
ordinary risks to the life and limb of workmen engaged therein are inherent, 
necessary or substantially, unavoidable, and as to each of which employments 
it is deemed necessary to establish a new* system of compensation for acci- 
dents to workmen. 

1. The erection or demolition of any bridge or building in which there is, 
or in which the plans and specifications require, iron or steel frame work. 

2. The operation of elevators, elevating machines or derricks or hoisting 
apparatus used within or on the outside of any bridge or building for the 
conveying of materials in connection with the erection or demolition of such 
bridge or building. 

3. Work on scaffolds of any kind elevated twenty feet or more above the 
ground, water, or floor beneath in the erection, construction, painting, altera- 
tion or repair of buildings, bridges or structures.* 

4. Construction, operation, alteration or repair of wires, cables, switch- 
boards or apparatus charged with electric currents. 

5. All work necessitating dangerous proximity to gunpowder, blasting 
powder, dynamite or any other explosives, .where the same are used ' as 
instrumentalities of the industry. 

6. The operation on steam railroads of locomotives, engines, trains, motors 
or cars propelled by gravity or steam, electricity or other mechanical power, 
or the construction or repair of steam railroad tracks and road beds over 
which such locomotives, engines, trains, motors or cars are operated. 

7. The construction of tunnels and subways. 

8. All work carried on under compressed air. 

I 216. Detinitions. — The words, "employer," " workman "• and "employ- 
ment," or their plurals, used in this article, shall be construed to apply to 
all the employments above described. 

S 217. Basis pf liability. — If, in the course of any of the employments 
above described, personal injury by accident arising out of and in the course 
of the employment after this article takes effect is caused to any workman 
employed therein, in whole or in' part, or the damage or injury caused thereby 
\8 in whole or part contributed to by 

a. A necessary risk or danger of the employment or one inherent in the 
nature thereof; or 

b. Failure of the employer of such workman or any of his or its officers, 
agents or employees to exercise due care, or to comply with any law affect- 
ing such employment; then such employer shall, subject as hereinafter men- 
tioned, be liable to pay compensation at the rates set out in section two 
hundred and nineteen-a of this title; provided that the employer shall not 
be liable in respect of any injury which does not disable the workman for a 
period of at least two weeks from earning full wages at the work at which 
he was employed, and provided that the employer shall not be liable in re- 
spect of any injury to the workman which is caused in whole or in part by 
the serious and willful misconduct of the workman. 

§ 218. Rights of action not affected. — The right of action for damages 
caused by any such injury, at common law or under any statute in force on 
January one, nineteen hundred and ten, shall not be affected by this article, 
and every existing right of action for negligence or to recover damages for 



3V2 Xevv Yokk State DErAitTMENX of Labor. 

injuries resulting in death is continued, and nothing in this article shall bo 
construed as limiting such right of action, but in case the injured workman, 
or in event of his death his executor or administrator, shall avail himself 
of this article, either by accepting any compensation hereunder in accord- 
ance with section two hundred and nineteen-a hereof or by beginning pro- 
ceedings therefor in any manner on account of any such injury, he shall be 
barred from recovery in and deemed thereby to have released every other 
action at common law or under any other statute on account of the same in 
jury after this article takes effect. In case after such injury the workman, 
or in the event of his death his executor or administrator, shall commence 
any action at common law or under any statute other than this article 
against the employer therefor he shall be barred from all benefit of this arti- 
cle in regard thereto. 

§ 219. I^otice of accident. — No proceedings for compensation under this 
article shall be maintained unless notice of the accident as hereinafter pro- 
vided has been given to the employer as soon as practicable after the hap- 
pening thereof and before the workman has voluntarily left* the employment 
in .which he was injured, and during such disability, but no want or defect 
or inaccuracy of a notice shall be a bar to the maintenance of proceedings 
unless the employer proves that he is prejudiced by such want, defect or 
inaccuracy. Notice of the accident shall state the name and address of the 
workman injured, the date and place of the accident, and in simple language 
the physical cause thereof, if known. The notice may be served personally 
or by sending it by mail in a registered letter addressed to the employer at 
his last known residence or place of business. 

§ 219-a. Scale of compensation. — The amount of compensation shall be in 
case death results from injury: 

a. if the workman leaves a widow or next of kin at the time of his death 
wholly dependent on his earnings, a sum equal to twelve hundred times the 
daily earnings of such workman at the rate at which he was being paid by 
such employer at the time of the injury subject as hereinafter provided, and 
in no event more than three thousand dollars. Any weekly payments made 
under this article shall be deducted in ascertaining such amount. 

b. If such widow or next of kin at the time of his death are in part only 
dependent upon his earnings, such proportionate sum not exceeding that 
provided in subdivision a as may be determined according to the injury to 
such dependents. 

c. If he leaves no dependents, the reasonable expenses of his medical at- 
tendance and burial, not exceeding one hundred dollars. 

Whatever sum may be determined lo be payable under this article in case 
of death of the injured workman shall be paid to his legal representative for 
the benefit of such dependents, or if he leaves no such dependents, for. the 
benefit of the persons to whom the expenses of medical attendance and burial 
are due. 

2. Where total or partial incapacity for work at any gainful employment 
results to the workman from the injury, a weekly payment commencing at 
the end of the second week after the injury and continuing during such in- 
capacity, subject as herein provided, equal to fifty per centum of his average 
weekly earnings when at work on full time during the preceding year during 



Report op the 'Commissioner of Labor, 1910. 213 

which he shall have been in the employment of the same employer, or if he 
shall have been in the employment of the same employer for less than a 
year, then a weekly payment of not exceeding three times the average daily 
earnings on full time for such less period. In fixing the amount of the 
weekly payment, regard shall be had to the difference between the amount 
of the average earnings of the workman before the accident and the average 
amount he is able to earn thereafter as wages in the same employment or 
otherwise. In fixing the amount of the weekly payment, regard shall be 
had to any payment, allowance or benefit which the workman may have re- 
ceived from the employer during the period of his incapacity, and in the 
case of partial incapacity the weekly payment shall in no case exceed the 
difference between the amount of the average weekly earnings of the work- 
man before the accident and the average weekly amount which he is earn- 
ing or is able to earn in the same employment or otherwise after the acci- 
dent, but shall amount to one-half of such difference. In no event shall any 
compensation paid under this article exceed the damage suffered, nor shall 
any weekly payment payable under this article in any event exceed ten dol- 
lars a week or extend over more than eight years from the date of the 
accident. ' 

§ 219-b. Medical examinations. — Any workman entitled to receive weekly 
payments under this article is required, if requested by the employer, to sub-' 
mit himself for examination by a duly qualified medical practitioner or sur- 
geon provided and paid for by the employer, at a time and place reasonably 
convenient for the workman, within three weeks aftei* the injury, and 
thereafter at intervals not oftener than once in six weeks. If the workman 
refuses to submit to such examination, or obstructs the same, his right to 
weekly payments shall be suspended until such examination has taken place, 
and no compensation shall be payable during or for account of such period. 

§ 219-c. Incomptenency of workinan. — In case an injured workmslh shall 
be mentally incompetent at the time when any right or privilege accrues to 
him under this article, a committee or guardian of the incompetent appointed 
pursuant to the law may, on behalf of such incompetent, claim and exercise 
any such right or privilege with the same force and effect as if the work- 
man himself had been competent and had claimed or exercised any such right 
or privilege; and no limitation of time in this article provided for shall run 
so long as said incompetent workman has no committee or guardian. 

§ 219-d. Settlejment of disputes. — Any question which may arise under this 
act shall be determined either by agreement or by arbitration as provided in 
the code of civil procedure or by an action at law as herein provided. In case 
the employer fail to make compensation as herein provided, the injured 
workman, or his committee or guardian, if such be appointed, or his executor 
or administrator, may then bring an action to recover compensation under 
this article in any court having jurisdiction thereof, or in any court which 
would have had jurisdiction of an action for recovery of damages for negli- 
gence for the same injury between the same parties. This article however 
shall not be construed as extending the jurisdiction of any such court to 
award judgment for an amount greater than now allowed by law. Such 
action shall be conducted in the same manner as actions at law for the re- 
covery of damages for negligence. The judgment in such action if in favor 



2il4 New York State DEPAfeTMfeifT of Labor. 

* of the plaintiff shall be for a sum equal to the amount of payments thelt 
due and prospectively due under this article. Such action must be com- 
menced within six months after the happening of the accident or in case of 
the death of the workman by such accident within six months after the ap- 
pointment of his legal representative in this state, or in the event of his 
physical incapacity, within six montlis after the removal thereof, or in the 
event of weekly payments by the employer hereunder, within six months 
after such payments have ceased. In such action by an executor or adminifi- 
trator the judgment may provide the proportions of the award or the costs 
to be distributed to or between the several dependents. If such determina- 
tion is not made it shall be determined by the surrogate's court, in which 
such executor or administrator is appointed, in accordance with this article, 
on petition of any party interested on such notice as such court may direct. 

§ 219-e. Preferences and exemptions.— Any person entitled to weekly pay- 
ments under this article against any employer shall have the same prefer- 
ential claim therefor against the assets of the employer as allowed by la*.v 
for a claim by such person against such employer for unpaid wages or per- 
sonal services. Weekly payments due under this article shall not be assign- 
able or subject to levy, execution or attachment. 

§ 219-f. Attorneys' liens. — No claim of an attorney-at-law for any con- 
tingent interest in any recovery under this article for services in securing 
such recovery or for disbursements shall be an enforceable lien on such re- 
covery, unless the amount of the same be approved in writing by a justice 
of the supreme court, or in cage the same be tried in any court, by the jus- 
tice presiding at such trial. 

§ 219-g. Liability of principal contractors. — If an employer who shall be 
the principal enters into a contract with an independent contractor to do part 
of such employer's work, or if such contractor enters into a contract with :i 
subcontractor to do all or any part of the work comprised in such contract- 
or's contract with the employer, the said principal shall be liable to pay to 
any workman employed in the execution of the work any compensation 
under this article which he would have been liable to pay if that workman 
had been immediately employed by him; and where compensation is claimed 
from or proceedings are taken against the principal then, in the application 
of this article, references to the principal shall be substituted for references 
to the employer, except that the amount of compensation shall be calculated 
with reference to the earnings of the workman under the contractor or em- 
ployer by whom he is immediately employed. Where such principal is liable 
to pay compensation he shall be entitled to be indemnified by any person 
who would have been liable to pay compensation to the workman independ- 
ently of this section. Nothing in this section shall be construed as prevent- 
ing a workman from recovering compensation under this article from the 
contractor or subcontractor, instead of the principal; nor shall this section 
apply in any case where the accident shall occur elsewhere than on, or in, 
or about the premises on which the principal has undertaken to execute the 
work or which are otherwise under his control or management. 



BepokT of tHE Commissioner of Labor, 1910. 2l5 



ARTICLE 15. 
Employiuent of Children in Street Trades. 

Section 220. Prohibited employment of children in street trades. 

221. Permit and badge for newsboys, how issued. 

222. Contents of permit and badge. 

223. Regulations concerning badge and permit. 
' 224. Limit of hours. 

225. Enforcement of article. 

226. Violation of this article, how punished. 

§ 220. Prohibited employment of children in street trades.— No male child 
under ten, and no girl under sixteen years of age, shall in any city of the 
first or second class sell or expose or offer for sale newspapers, magazines or 
periodicals' in any street or public place. 

§ 221. Permit and badge for newsboys, how issued. — No male child under 
fourteen years of age shall sell or expose Or offer for sale said articles un- 
less a permit and badge as hereinafter provided shall have been issued to him 
by the district superintendent of the board of education of the city and 
school district where said child resides, or by such other officer thereof as 
may be officially designated by such board for that purpose, on the appli- 
cation of the parent, guardian or other person having the custody of the 
child desiring such permit and badge, or in case said child has no parent, 
guardian or custodian then on the application of his next friend, being an 
adult. Such permit and badge shall not be issued until the officer issuing 
the same shall have received, examined, approved and placed on file in his 
office satisfactory proof that such male child is of the age of ten years or 
upwards, and shall also have received, examined and placed on file the writ- 
ten statement of the principal or chief executive officer of the school which 
the child is attending, stating that such child is an attendant at such school, 
that he is of the normal development of a child of his age and physically fit 
for such employment, and that said principal or chief executive officer ap- 
proves the granting of a permit and badge to such child. No such permit or 
badge shall be valid for any purpose except during the period in which such 
proof and written statement shall remain on file, nor shall such permit or 
badge be authority beyond the period fixed therein for its duration. After 
having received, examined and placed on file such papers the officer shall issue 
to the# child a permit and badge. Principals or chief executive officers of 
schools in which children under fourteen years are pupils shall keep complete 
lists of all children in their schools to whom a permit and badge as herein 
provided have been granted. 

§ 222. Contents of permit and badge. — Such permit shall state the date 
and place of birth of the child, the name a;nd address of its parent, guar- 
dian, custodian or next friend, as the case may be, and describe the color of 
hair and eyes, the height and weight and any distinguishing facial mark of 
such child, and shall further state that the papers required by the preceding 
section have been duly examined and filed; and that the child named in such 
permit has appeared before the officer issuing the permit. The badge fur- 
nished by the officer issuing the permit shall bear on its face a number cor- 
responding to the number of the permit, and the name of the child. Every 
such permit, and every such badge on its reverse side, shall be signed in the 



2»16 Xew York State I)p:partmext of Labor. 

presence of the officer isBuing the same by the child in whose name it is 
issued. 

§ 223. Regulations concerning tadge and permit.— The badge provided for 
herein shall be worn conspicuously at all times by such child while so work- 
ing; and all such permits and badges shall expire annually on the first day 
of January. The color of the badge shall be changed each year. No child 
to whom such permit and badge are issued shall transfer the same to any 
other person nor be engaged in any city of the first or second class as a 
newsboy, or shall sell or expose or offer for sale newspapers, magazines or 
periodicals in any street or public place without having conspicuously upon 
his person such badge, and he shall exhibit the same upon demand at any 
time to any police, or attendance officer. 

§ 224. Limit of hours. — No child to whom a permit and badge are issued 
as provided for in the preceding sections shall sell or expose or offer for sale 
any newspapers, magazines or periodicals after ten o'clock in the evening, or 
before six o'clock in the morning. 

§ 225. Enforcement of article. — In cities of the first or second class, police 
officers, and the regular attendance officers appointed by the board of educa- 
tion who are hereby vested with the powers of peace officers for the purpose, 
shall enforce the provisions of this article. 

§ 226. Violation of this article, how punished. — Any child who shall work 
in any city of the first or second class in any street or public place as a news- 
boy or who shall sell or expose or offer for sale newspapers, magazines 
or periodicals in violation of the provisions of this article,, shall be arrested 
and brought before a court or magistrate having jurisdiction to commit a 
child to an incorporated charitable reformatory or other institution and be 
dealt with according to law; and if any such child is committed to an insti- 
tution, it shall when practicable, be committed to an institution governed 
by persons of the same religious faith as the parents of such child. The 
permit and badge of any child who violates the provisions of this article may 
be revoked by the officer issuing the same, upon the recommendation of the 
principal or chief executive officer of the school which such child is attend- 
ing, or upon the complaint of any police officer or attendance officer, and 
such child shall surrender the permit and bade so revoked upon the demand 
of any attendance officer or police officer charged with the duty of enforcing 
the provisions of this article. The refusal of any child to surrender such 
permit and badge, upon such demand, or the sale or offering for feale of 
newspapers, magazines or periodicals in any street or public place by any 
child after notice of the revocation of such permit and badge shall be deemed 
a violation of this article and shall subject the child to the penalties pro- 
vided for in this section. 

ARTICLB 16. 

Laws Repealed} liriien to Take SSlIect. 

Section 240. Laws repealed. 

241. When to take effect. 

I 240. Laws repealed. — Of the laws enumerated in the schedule hereto an- 
nexed, that portion specified in the last column is hereby repealed. 

§ 241. When to take efiect. — This chapter shall take effect immediately.* 



 February 17, 1909. 



Report of the Commissioner of Labor, 1910. 217 

ScHEDuiE OF Laws Repealed. 

Laws of Chapter Section 

1833 87 All 

1853 641 All • 

1867 856 All 

1867. 969 All 

1868 717 2, part suspending operation of L. 1867, 

Ch. 969, § 10, last two sentences 

1869 822 2, part amending L. 1867, Ch. 969 

1870 385 All 

1871 934: 3 

1874 614 All 

1875 472 All 

1881 298 All 

1883 356 All 

1885 314 All 

1885 376 All 

1886 151..... All 

1886 205 All 

1886 409 All, except § 21, as added by L. 1887, 

Ch. 462, § 4 

1886 410 All 

1887 63 All 

1887 323 All 

1887 462 All 

1887 529 All 

1888 437 All 

1889....' 380 All 

1889 381 All 

1889 385 All 

1889..... 560 All 

1890 218 All 

1890 388... All 

1890 394 All 

1890 398 All 

1891 214.... All 

1892.... 517 All 

1892 667 All 

1892 673 All 

1892 711 All 

1893 173 All 

1893....' 219 All 

1893 339.. All 

1893 691 All 

1893 715 All 

1893 717 All 

1894 277 All 

1894 373 All 



218 New York State Department of Labor. 



Laws of 


Chapter 


Section 


1894 


.. 622 


.. All 


1894........ 


.. 698 


.. All 


1894 


. . 699 


. . All 


1895 


. . 324 


.. All 


1895 


.. 413 


.. All 


1895 


.. 518.. 


. . All 


1895 


. . 670 


.. All 


1895 


. . 765 


.. All 


1895 


.. 791 


.. All 


1895... 


. . 899 


.. All 


1896 


.. 271 


.. All 


1896 


. . 384 


.. All 


1896 


. . 672 


. . All 


1896 


. . 789 


. . All 


1896 


.. 931 


.. 1-4, 0, 7 


1896 


. . 936 


. . All 


1896 


. . 982 


.. All 


1896 


. . 991 


.. All 


1897 


. . 148 


. . All 


1897 


. . 415 


.. All 


1899 


. . 191 


.. All 


1899 


. . 192 


.. All 


1899 


. . 375.... 


.. All 


1899 


. . 558 


. . All 


1899 


. . 567...- 


.. All 


1900 


. . 298 


. . All 


1900 


. . 533........ 


. . AH 


1901 


9 


. . All 


1901 


. . 306 


. . All 


1901 


. . 475 


. . All 


1901 


. . 477 


. . All 


1901 


. . 478 


. . All 


1902 


. . 88 


. . All 


1902 


. . 454 


. . All 


1902 


.. 600 


.. All 


1903 


. . 151 


. . All 


1903 


. . 184 


. . All 


1903 


. . 255... 


. . All 


1903 


. . 561........ 


. . All 


1904 


. . 291 


. . All 


1904 


. . 523 


. . All 


1904 


. . 550 


.. All 


1905 


. . 493. 


. . All 


1905 


. . 518... 


.. All 


1905 


. . 519........ 


.. All 


1905 


. . 520 


.. All 


1906 


. . 129 


.. All 


1906 


.. 158 


.. All 



Report of the Commissioner of Labor, 1910. 219 



Laws of Chapter Section 

1906 178 All 

1906. 216 All 

1906 275 All 

1906 316 All 

1906 366 All 

1906 375 All 

1906 401 All 

1906.; 490 All 

1906 506 All 

1907 83 All 

1907 243 All 

1907 286 All 

1907 291 All 

1907 399 All 

1907 418 All 

1907 485 All 

1907 490 All 

1907 605 All 

1907 507 All 

1907 588 All 

1907 627 AH 

1908 89 All 

1908..." 174 All 

1908 426 All 

19D8 442 All 

1908 443 All 

1908 520 AV 



« 



PENALTIES FOR VIOLATION OF THE LABOR LAW. 

The Penal Law, Chapter 40 op the Consolidated Laws. 

§ 620. Unlawful dealing in convict made floods. — A person who: 

1. Sells or exposes for sale convict made gqods, wares or merchandise, 
without a license therefor, or having such license does not transmit to the 
secretary of state the statement required by article thirteen of the labor 
law; or, 

2. Sells, offers for sale, or has in his possession for sale any such convict 
made goods, wares or merchandise without the brand, mark or label required 
by article thirteen of the labor law; or, 

3. Removes or defaces or in any way alters such brand, mark or label, 
Is guilty of a misdemeanor, and upon conviction therefor shall be pun- 
ished by a line of not more than one thousand or less than one hundred dol- 
lars, or by imprisonment for not less than ten days or by both such fine and 
imprisonment. 

Cf. notes with §§ 190 and 193 of the Labor Law, an4e. 

ARTIGLC: 120. 

Labor. 

Section 1270. Refusal to admit inspectx)r to mines, tunnels, and quarries; failure 

to comply with requirements of inspector. 

1271. Hours of labor to be required. 

1272. Payment of wages. 

1273. Failure to furnish scats for female employees. 

1274. No fees to be charged for services rendered by free public . employ- 

ment bureaus. 

1275. Violations of provisions of labor law. 

1276. Negligently furnishing insecure scaffolding. 

1277. Neglect to complete or plank floors of buildings consti*ucted In cities. 

1278. Fraudulent representation in labor oi*ganizations. 

§ 1270. Refusal to admit inspector to mines, tunnels, and quarries; failure 
to comply with requirements of inspector.— A person: 

1. Refusing to admit the commissioner of labor, or any person authorized 
by him, to a mine, timnel or quarry, and to each and every part thereof, for 
the purpose of examination and inspection; or, 

2. Neglecting or refusing to comply with the provisions of article nine of 
the labor law upon written notice of the commissioner of labor. 

Is guilty of a misdemeanor, and upon conviction therefor shall be punished 
by a line of not less than fifty dollars, or by imprisonment for not less than 
thirty days. 

§ 1271. Hours of labor to be required. — Any person or corporation: 

1. Who, contracting with the state or municipal corporation, shall require 
more than eight hours work for a day's labor; or, 

2. Who shall require more than ten hours labor, including one-half hour 
for dinner, to be performed within twelve consecutive hours, by the employees 
of a street surface and elevated railway owned or operated by corporations 
whose main line of travel or routes lie principally within the corporate 
limits of cities of more than one hundred thousand inhabitants; or, 

[220] 



Repoet of the 'CSoMMissioNEft OF Labor, 19l0. 221 

3. Who shall require the employees of a corporation owning or operating 
a brickyard to work contrary to the requirements of section five of the labor 
law; or, 

4. Who shall require or permit any employee engaged in or connected with 
the movement of any train of a corporation operating a line of railroad of 
thirty miles in length, or over, in whole or in part within this state, to 
remain on duty more than sixteen consecutive hours ; or to require or permit 
any such employee who has been on duty sixteen consecutive hours to go on 
duty without having had at least ten hours oflf duty; or to require or permit 
any such employee who has been on duty sixteen hours in the aggregate in 
any twenty-four hour period, to continue on duty or to go on duty without 
having had at least eight hours oflf duty within such twenty-four hour period; 
except when by casualty occurring after such employee has started on his 
trip, or by unknown casualty occurring before he started on his trip, and 
except when by accident or imexpected delay of trains scheduled to make 
connection with the train on which such employee is serving, he is prevented 
from reaching his terminal; 

Is guilty of a misdemeanor, and on conviction therefor shall be punished 
by a fine of not less than five hundred nor more than one thousand dollars 
for each oflfense. 

If any contractor with the state or a municipal corporation shall require 
more than eight hours for a day's labor, upon conviction therefor in addition 
to such fine, the contract shall be forfeited at the option of the municipal 
corporation. 

See §§ 3-8 of the Labor I^w, ante. 

§ 1272. Payment of wages.— A corporation or joint stock association or 
person carrying on the business thereof, by lease or otherwise, who does not 
pay the wages of all its employees in accordance with the provisions of the 
labor law, is guilty of a misdemeanor, and upon conviction therefor, shall be 
fined not less than one hundred nor more than ten thousand dollars for each 
offense. An indictment of a person or corporation operating a steam surface 
railroad for an offense specified in this section may be found and tried in 
any county within the state in which such railroad ran at the time of such 
oflTense. [As am'd ly L. 1909, ch, 205.] 

See 81 9 and 10 of the Labor Law, ante. 

§ 1273. Failure to furnish seats for female employees. — ^Any person employ- 
ing females in a factory or mercantile establishment who does not provide 
and maintain suitable seats for the use of such employees and permit the 
use thereof by such employees to such an extent as may be reasonable for the 
preservation of their health, is guilty of a misdemeanor. 

See IS 17 and 170 of Labor Law, ante. 

§ 1274. No fees to be charged for services rendered by free public employ- 
ment bureaus. — A person connected with or employed in a free public employ- 
ment bureau, who shall charge or receive directly or indirectly, any fee or 
compensation from any person applying to such' bureau for help or employ- 
ment, is guilty of -a misdemeanor. 

§ 1275. Violations of provisions of labor law. — Any person who violates or 
does not comply with: 

1. The provisions of article three of the labor law, relating to the depart- 
ment of labor; 



222 New Yobs: State Department of Labor, 

2. The provisions of article four of the labor law, relating to the bureau 
of labor statistics; 

3. The provisions of article five of the labor law, relating to the bureau of 
factory inspection; 

4. The provisions of article six of the labor law, relating to factories; 

5. The provisions of article seven of the labor law, relating to the manu- 
facture of articles in tenements; 

6. The provisions of article eight of the labor law, relating to bakeries 
and confectioneries; 

7. The provisions of article eleven of the labor law, relating to mercantile 
establishments, and the emplo3nnent of women and children therein; 

8. And any person who knowingly makes a false statement in or in relation 
to any application made for an employment certificate as to any matter 
required by articles six and eleven of the labor law to appear in any affidavit, 
record, transcript or certificate therein provided for, 

Is guilty of a misdemeanor and upon conviction shall be punished for a 
first offense by a fine of not less than twenty nor more than fifty dollars; 
for a second offense by a fine of not less than fifty nor more than two himdred 
dollars, or by imprisonment for not more than thirty days or by both such 
fine and imprisonment; for a third offense by a fine of not less than two 
hundred and fifty dollars, or by imprisonment for not more than sixty days, 
or by both such fine and imprisonment. 

§ 1276. Negligently furnishing insecure scaffolding. — ^A person or corpora- 
tion employing or directing another " to do or perform any labor in the .erec- 
tion, repairing, altering or painting, any house, building or structure within 
this state, who knowingly or negligently furnishes or erects or causes to be 
furnished or erected for the performance of such labor, unsafe, unsuitable 
or improper scaffolding, hoists, stays, ladders or other mechanical contriv- 
ances; or who hinders or obstructs any officer detailed to inspect the same, 
destroys or defaces any notice posted thereon, or permits .the use thereof 
after the same has been declared unsafe by such officer contrary to the pro- 
visions of article two of the labor law, is guilty of a misdemeanor. 

See §§18 and 19 of the Labor Law, ante. 

§ 1277. Neglect to complete or plank floors of buildings constructed in 
cities. — ^A person, constructing a building in a city, as owner or contractor, 
who violates the provisions of article two of the labor law, relating to the 
completing or laying of floors, or the planking of such floors or tiers of 
beams as the work of construction progresses, is guilty of a misdemeanor, 
and upon conviction therefor shall be punished by a fine for each offense 
of not less than twenty-five nor more than two hundred dollars. 

See § 20 of the Labor Law, ante. 

§ 1278. Fraudulent representation in labor organizations. — [See under 
Trade Unions, post.] 



CHILD LABOR. 

[Tho employment of chlldrfMi during the school sessions is regulated by Article 
23 of the Education Law, printed below. 

The employment of children in factories is regulated by Article 6 of the Labor 
L.aw, ante; in stores, hotels, offices, etc., by Article 11, ante, and in the selling of 
newspapers by Article 15, ante. 

Article 44 of the Penal Law (§$ 480-403), entitled "Children," contains pro- 
visioi^ relative *tx) the employment of children in occupations dangerous to health 
or morals. Certain of these sections are printed below. See further § 1892 of 
the Penal Law prohibiting the employment of minors under 18 as telegraph oper- 
ators on railroads; and the Liquor Tax Law, § 30-f, forbidding girls to sell or 
serve liquors. 

As to registraJtion of births, from which evidence of a child's attainment of the 
legal age of employment is derived, see Public Health Law, § 22.] 

EDTTCATIOKAL SESTRIGTIOKS. 

Compulsory Education Law: AjaxiCLE 23 of Chapter 16 of the Consoli- 
dated Laws. 

{Enacted hy ch. 140 of Laws of 1010, amending ch. 16 of the Consolidated 

Laws of 1909.] 

§ 620. Instruction required. The instruction required under this article 
shall be: 

1. At a public school in which at leas.t the six common school branches of 
reading, spelling, writing, arithmetic, English language and geography are 
taught in English. 

2. Elsewhere than a public school upon instruction in the same subjects 
taught in English by a competent teacher. 

§ 621. Required attendance iipon instruction. — 1. Every child within the 
compulsory school ages, in proper physical and mental condition to attend 
school, residing in a city or school district having a population of 5000 
or more and employing a superintendent of schools, shall regularly attend 
upon instruction as follows: 

' (a,) 'Each child between 7 and 14 years of age shall attend the entire time 
during which the school attended is in session, which period shall not be less 
than 160 days of actual school. 

(b) Each child between 14 and 16 years of age not regularly and lawfully 
engaged in any useful employment or service, and to whom an employment 
certificate has not been duly issued under the provisions of the labor law, 
shall so attend the entire time during which the school attended is in session. 

2. Every such child, residing elsewhere than in a city or school district 
having a population of 5000 or more and employing a superintendent of 
schools, shall attend upon instruction as many days annually between the 
first day of October and the following June as the public school of the dis- 
trict in which such child resides, shall be in session during such period, as 
follows: 

(a) Each child between 8 and 14 years of age. 

(b) Each child between 14 and 16 years of age not regularly and lawfully 
engaged in any useful employment or service. 

I 022. When a boy is required to attend evening school. Every boy be- 
tween 14 and 16 years of age, in a city of the first class or a city of the 

[223] 



224 New York State Department of Labor. 

second class in possession of an employment certificate duly issued under the 
provisions of the labor law, who has not completed such course of study as is 
required for graduation from the elementary public schools of such city, and 
who does not hold either a certificate of graduation from the public elemen- 
tary school or the preacademic certificate issued by the Regents or the cer- 
tificate of the completion of an elementary course issued by the Education 
Department, shall attend the public evening schools of such city, or other 
evening schools offering an equivalent course of instruction, for not less 
than six hours each week, for a period of not less than 16 weeks or upon 
a trade school a period of eight hours per week- for 16 weeks in each 
school or calendar year. 

§ 623. Instruction elsewhere than at a public school. — If any such child 
shall so attend upon instruction elsewhere than at a public school, such in- 
struction shall be at least substantially equivalent to the instruction given 
children of like age at the public school of the city or district in which such 
child resides; and such attendance shall be for at least as many hours each 
day thereof as are required of children of like age at public schools; and no 
greater total amount of holidays or vacations shall be deducted from such 
attendance during the period such attendance is required than is allowed in 
such public school to children of like age. Occasional absences from such at- 
tendance, not amounting to irregular attendance in the fair meaning of the 
term, shall be allowed upon such excuses only as would be allowed in like 
cases by the general rules and practice of such public school. 

§ 624. Duties of persons in parental relation to children. — Every person in 
parental relation to a child within the compulsory school ages and in proper 
physical and mental condition to attend school, shall cause such child to 
attend upon "instruction, as follows: 

1. In cities and school districts having a population of 6000 or above, every 
child between 7 and 16 years of age as required by section 621 of this act 
unless an employment certificate shall have been duly issued to such child 
under the provisions of the labor law and he is regularly employed there- 
under. * . 

2. Elsewhere than in a city or school district having a populatioh of 5000 
or above, every child between 8 and 16 years of age, unless such child 
shall have received an employment certificate duly issued under the pro- 
visions of the labor law and is regularly employed thereunder in a fac- 
tory or mercantile establishment, business or telegraph ofl&ce, restaurant, 
hotel, apartment house or in the distribution or transmission of merchan- 
dise or messages, or unless such child shall have received the school record 
certificate issued under section 630 of this act and is regularly employed 
elsewhere than in the factory or mercantile establishment, business or tele- 
graph office, restaurant, hotel, apartment house or in the distribution or 
transmission of merchandise or messages. 

§ 625. Penalty for failure to perform parental duty. — A violation of sec- 
tion 624 shall be a misdemeanor, punishable for the first offense by a fine 
not exceeding $5, or five days' imprisonment, and for each subsequent offense 
by a fine not exceeding $50, or by imprisonment not exceeding 30 days, 
or by both such fine and imprisonment. Courts of special session and police 



Report of the Commissioner of Labor, l&lO. 22S 

magistrates shall, subject to removal as provided in sections 57 and 68 of 
the Code of Criminal Procedure, have exclusive jurisdiction in the first in- 
stance to hear, try and determine charges of violations of this section within 
their respective jurisdictions. 

§ 626. Unlawful employment of children and penalty therefor. — It shall 
be imlawful for any person, firm or corporation: 

1. To * employe any child under fourteen years of age, in any business or 
service • whatever, for any part of the term during which 'the public schools 
of the district or city in which the child resides are in session. 

2. To employ, elsewhere than in a city of the first class or a city of the 
second class, in a factory or mercantile establishment, business or telegraph 
office, restaurant, hotel, apartment house or in the distribution or transmis- 
sion of merchandise or messages, any child ibetween 14 and 16 years of age 
who does not at the time of such employment present an employment cer- 
tificate duly issued under the provisions of the labor law, or to employ any 
such child in any other capacity who does not at the time of such employment 
present a school record certificate as provided in section 630 of this chapter. 

3. To employ any child between 14 and 16 years of age in a city of 
the first class or a city of the second class who does- not, at the time 
of such employment, present an employment certificate, duly issued under 
the provisions of the labor law. 

§ 627. Employer must display record certificate and evening certificate. — 
The employer of any child between 14 and 16 years of age in a city of the 
first class or a city of the second class shall keep and shall display in the 
place where such child is employed, the employment certificate and also his 
evening school 'certificate issued by the school authorities of said city or by 
an authorized representative of such school authorities, certifying that the 
said boy is regularly in attendance at an evening school of said city as 
provided in section 631 of this chapter. 

§ 628. Punishment for unlawful employment of children. — Any person, 
firm, or, corporation, or any officer, manager, superintendent or employee act- 
ing therefor, who shall employ any child contrary to the provisions of sec- 
tion 626 hereof, shall be guilty of a misdemeanor; and the punishment there- 
for shall be for the first offense a fine of not less than $20 nor more than 
$50;. for a second, and each subsequent off'ense, a fine of not less than $50 
nor more than $200. 

Constitutionality affirmed in City of New York v. Chelsea JuteJMills, 43 Misc. 266. 

§ 629. Teachers must keep record of attendance. — An accurate record of 
the attendance of all children between 7 and 16 years of age shall be kept 
by the teacher of every school, showing each day by the year, month, day 
of the month and day of the week, such attendance, and the nimiber of 
hours in each day thereof; and each teacher upon whose instruction any such 
child shall attend elsewhere than at school, shall keep a like record of such 
attendance. Such record shall, at all times, be open to the attendance offi- 
cers or other person duly authorized by the school authorities of the city or 



* So in original. 

8 



2'26 New York State Department of Labor. 

district, who may inspect or copy the same; and every such teacher shall 
fully answer all inquiries lawfully made by such authorities, inspectors, or 
other persons, and a wilful neglect or refusal so to answer any such inquiry 
shall be a misdemeanor. 

§ 630. School record certificate. — 1. A school record certificate shall con- 
tain a statement certifying tliat a child has regularly attended the public 
schools, or schools equivalent thereto, or parochial schools, for not less than 
130 days during the 12 months next preceding his 14th birthday, or during 
the 12 months next preceding his application for such school record, and that 
he is able to read and write simple sentences in the English' language, and 
has received during such period instruction in reading, writing, spelling, 
English grammar and geography, and is familiar with the fundamental oper- 
ations of arithmetic up to and including fractions. Such record shall also 
give the date of birth and residence of the child as shown on the school rec- 
ords, and the name of the child's parents, guardian or custodian. 

2. A teacher or superintendent to whom application shall be made for a 
school record certificate required under the provisions of the labor law shall 
issue a school record certicate to any child who, after due investigation and 
examination, may be found to be entitled to the same as follows: 

a. In a city of the first class by the principal or chief executive of a school. 

b. In all other cities and in school districts having a population of 5000 
or more and employing a superintendent of schools, by the superintendent 
of schools only. 

c. In all other school districts by the principal teacher of the school. 

d. In each city or school district such certificate shall be furnished on de- 
mand to a child entitled thereto or to the Board or Commissioner of Health. 

§ 631. £yemng school certificate. — The school authorities of a city of the 
first class or a city of the second class, or officers designated by them, are 
hereby required to issue to a boy lawfully in attendance at an evening 
school, an evening school certificate at least once in each month during the 
months said evening school is in session and at the close of the term of said 
evening school, provided that said boy has been in attendance upon said 
evening school for not less than six hours each week for such number nf 
weeks as will, when taken in connection with the number of weeks such 
evening school shall be in session during the remainder of the current or cal- 
endar year, make up a total attendance on the part of said boy in said even- 
ing school of not less than six hours per week for a period of not less than 
1-6 weeks or attendance upon a trade school for at least eight hours per 
week for not less than 16 weeks. Such certificate shall state fully the 
period of time which the boy to whom it is issued was in attendance upon 
such evening school or trade school. 

§ 632. Attendance officers. — 1. The school authorities of each city, union 
free school district, or common school district whose limits include in whole 
or in part an incorporated village, shall appoint and may remove at pleasure 
one or more attendance officers of such city or district, and shall fix their 
compensation and may prescribe their duties not inconsistent with this 
article and make rules and regulations for the performance thereof; and the 



Report of the CJommissioner of Labor, I&IO. 227 

superintendent of schools shall supervise the enforcement of this article 
within such city or school district. 

2. The town board of each town shall appoint, subject to the written ap- 
proval of the school commissioner of the district, one or more attendance 
officers, whose jurisdiction shall extend over all school districts in said town, 
and which are not by this section otherwise provided for, and shall fix their 
compensation, which shall be a town charge; and such attendance officers, 
appointed by said board, shall be removable at the pleasure of the school 
commissioner in whose commissioner district such town is situated. 

§ 633. Arrest of truants. — 1. The attendance officer may arrest without a 
warrant any, child between 7 and 16 years of age who is a truant from 
instruction upon which he is lawfully required to attend within the city 
or district of such attendance officer. He shall forthwith deliver the child 
so arrested to a teacher from whom such child is then a truant, or, in 
case of habitual and incorrigible truants, shall bring them before a police 
magistrate for commitment to a truant school as provided in section 635. 

2. The attendance officer shall promptly report such arrest and the dispo- 
sition which he makes of such child, to the school authorities of the said 
city or district where such child is lawfully required to attend upon in- 
struction. 

3. A truant officer in the performance of his duties may enter, during 
business hours, any factory, mercantile or other establishment within the 
city or school district in which he is appointed and shall be entitled to ex- 
amine employment certificates or registry of children employed therein on 
demand. 

§ 634. Interference with attendance officer.— Any person interfering with 
an attendance officer in the lawful discharge of his duties and any person 
owning or operating a factory, mercantile or other establishment who shall 
refuse on demand to exhibit to such attendance officer the registry of the 
children employed or the employment certificate of such children shall be 
guilty of a misdemeanor. 

§ 635. Truant schools. — 1. The school authorities of any city or school 
district may establish schools, or set apart separate rooms in public school 
buildings, for children between 7 and 16 years of age, who are habitual 
truants from instruction upon which they are lawfully required to attend, 
or who are insubordinate of disorderly during their attendance upon such 
instruction, or irregular in such attendance. Such school or room shall 
be known as a truant school; but no person convicted of crimes or misde- 
meanors, other than truancy, shall be committed thereto. 

2. School authorities may provide for the confinement, maintenance and 
instruction of such truants in such schools; and they, or the superintendent 
of schools in any city or school district, may, after reasonable notice to such 
child and the persons in parental relation to such child, and an opportunity 
for them to be heard, and with the consent in writing of the persons in pa- 
rental relation to such child, order such child to attend such school, or to 
be confined and maintained therein, under such rules and regulations as such 



228 New Yoek State Department of Labor. 

authorities may prescribe, for a period not exceeding two j'ears; but in no 
case shall a child be so confined after he is 16 years of age. 

3. Such authorities may order such a child to be confined and maintained 
during such period in any private school, orphans' home or similar institution 
controlled by persons of the same religious faith as the persons in parental 
relation to such child, and which is willing and able to receive, confine and 
maintain such child, upon such terms as to compensation as may be agreed 
upon between such authorities and such private school,* orphans' home or 
similar institution. 

4. If the person in parental relation to such child shall not consent to 
either of such orders said person shall be proceeded against in court under 
section 625 of this chapter by the school authorities or such oflScer as they 
may designate. In case the person in parental relation to such child estab- 
lishes to the satisfaction of the court that such child is beyond his control 
such child shall be proceeded against as a disorderly person, and upon con- 
viction thereof, if the child was lawfully required to attend a public school, 
the child shall be sentenced to be confined arid maintained in such truant 
school for a period hot exceeding two years; or if such child was lawfully 
required to attend upon instruction otherwise than at a public school, the 
child may be sentenced to be confined and maintained for a period not ex- 
ceeding two years in such private school, orphans' home or other similar in- 
stitutions, if there be one, controlled by persons of the same religious faith 
as the persons in parental relation to such child, which is willing and able 
to receive, confine and maintain such child for a reasonable compensation. 
Such confinement shall be conducted with a view to the improvement and 
to the restoration, as soon as practicable, of such child to the institution 
elsewhere, upon which he may be lawfully required to attend. 

5. The authorities committing any such child, and in cities and districts 
having a superintendent of schools such superintendent shall have authority, 
in his discretion, to parole at any time any truant so committed by them. 

6. Every child lawfully suspended from attendance upon instruction for 
more than one week, shall be required to attend such truant school during 
the period of such suspension. 

7. The school authorities of any city or school district, not having a truant 
school, may contract with any other city or district having a truant school, 
for the confinement, maintenance and instruction therein of children whom 
such school authorities might require to attend a truant school, if there 
were one in their own city or district. 

8. Industrial training shall be furnished in every such truant school. 

9. The expense attending the commitment and cost of maintenance of any 
truant residing in any city, or district, employing a superintendent of 
schools shall be a charge against such city, or district, and in all other cases 
shall be a county charge. 

.§ 636. Enforcement of law and withholding the state moneys by Commis- 
sioner of Education. — 1. The Commissioner of Education shall supervise the 
enforcement of this law and he may withhold one-half of all public school 
moneys from any city. or district, which, in his judgment, wilfully omits and 



Report of the Commissioner of Labor, 1910. 229 

refuses to enforce the provisions of this article, after due notice, so often and 
so long as such wilful omission and refusal shall, in his judgment, continue. 
2. If the provisions of this article are complied with at any time within 
one year from the date on which said moneys were withheld, the moneys so 
withheld shall be paid over by isaid Commissioner of Education to such dis- 
trict or city, otherwise forfeited to the state. 

CERTAIN EMPLOYMENTS OF CHILDREN PROHIBITED. 

Penal Law, Chapter 40 of Consolidated Laws. 

§ 483. Endangering life or health of child. — A person who: 

1. Wilfully causes or permits the life or limb of any child actually or 
apparently under the age of sixteen years to be endangered, or its health tc 
be injured, or its morals to become depraved; or, 

2. Wilfully causes or permits such child to be placed in such a situation or 
to engage in such an occupation that its life or limb is endangered, or its 
health is likely to be injured, or its morals likely to be impaired. 

Is guilty of a misdemeanor. 

3. Any parent or guardian or other person having custody of a child under 
sixteen years of age, except in the city of New York who omits to exercise due 
diligence in the control of such child, to prevent such child from violating 
any of the provisions of this article and any such person or any other person 
responsible for or who by any act or omission causes, encourages or con- 
tributes to the violation by any such child of said provisions shall be guilty 
of a misdemeanor and punishable accordingly. 

§ 485. Certain employment of children prohibited. — A person who employs 
or causes to be employed, or who exhibits, uses, or has in custody, or trains 
for the purpose of the exhibition, use or employment of, any child actually or 
apparently under the age of sixteen years; or who having the care, custody 
or control of such a child as parent, relative, 'guardian, employer or otherwise, 
sells, lets out, gives away, so trains, or in any way procures or consents to the 
employment, or to such training, or use, or exhibition of such child; or who 
neglects or refuses to restrain such child from such training, or from engaging 
or acting: 

1. As a rope or wire walker, gymnast, wrestler, contortionist, rider or 
acrobat; or upon any bicycle or similar mechanical vehicle or contrivance; or, 

2. In begging or receiving or soliciting alms in any manner or under any 
pretense, or in any mendicant occupation; or in gathering or picking rag's, or 
collecting cigar stumps, bones or refuse from mar'kets; or in peddling; or, 

3. In singing; or dancing; or playing upon a musical instrument; or in a 
theatrical exhibition; or in any wandering occupation; or, 

4. In any illegal, indecent or immoral exhibition or practice; or in the 
exhibition of any such child when insane, idiotic, or when presenting the 
appearance of any deformity • or unnatural physical formation or develop- 
ment; or, 

5. In any practice or exhibition or place dangerous or injurious to the life, 
limb, health or morals of the child. 

Is guilty of a misdemeanor. 



2i30 New York State Department of Labor. 

But this section does not apply to the employment of any child as a singer 
or musician in a church, school or academy; or in teaching or learning the 
science or practice of musie; or as a musician in any concert or in a theatrical 
exhibition, with the written consent of the mayor of the city, or the president 
of the board of trustees of the village where such concert or exhibition takes 
place. Such consent shall not be given unless forty-eight hours previous 
notice of the application shall have been served in writing upon the society 
mentioned in section four hmidred and ninety-one of this chapter, if there 
be one within the county, and a hearing had thereon if requested, and shall 
be revocable at the will of the authority giving it. It shall specify the 
name of the child, its age, the names and residence of its parents or guardi- 
ans, the nature, time, duration and number of performances permitted, to- 
gether with the place and character of the exhibition. But no such consent 
shall be deemed to authorize any violation of the first, second, fourth or 
fifth subdivisions of this section. 

Not an unconstitutional infringement of the parents' rights or. the rights of the child 
8 N. Y. Cr. 383; People v. Ewer, 141 N. Y. 129. 

§ 486. Prohibited acts; destitute children. — Any child actually or appar- 
ently under the age of sixteen years who is found: 

1. Begging or receiving or soliciting alms, in any manner or under any 
pretense; or gathering or picking rags, or collecting cigar stumps, bones or 

refuse from markets; or, 

•» * * **.* • • * 

5. Coming within any of the descriptions of children mentioned in section 
four hundred and eighty-five. 

Must be arrested and brought before a proper court or magistrate, who 
may commit the child to any incorporated charitable reformatory, or other 
institution, and when practicable, to such as is governed by persons of the 
same religious faith as the parents of the child, or may make any disposi- 
tion of the child such as now is, of hereafter may be authorized in the cases 
of vagrants, truants, paupers or disorderly persons, but such commitment 
shall, so far as practicable, be made to such charitable or reformatory' insti- 
tutions. 

§ 488. Sending messenger boys to certain places. — A corporation or person 
employing messenger boys who: 

1. Knowingly places or permits to remain in a disorderly house, or in an 
unlicensed saloon, inn, tavern or other unlicensed place where malt or spirit- 
uous liquors or wines are sold, any instrument or device by which communi- 
cation may be had between such disorderly house, saloon, inn, tavern or un- 
licensed place, and any office or place of business of such corporation or 
person; or, 

2. Knowingly sends or permits any person to send any messenger boy to 
any disorderly house, unlicensed saloon, inn, tavern, or other unlicensed place, 
where malt or spirituous liquors or wines are sold, on any errand or business 
whatsoever except to deliver telegrams at the door of such house, 

Is guilty of a misdemeanor, and incurs a penalty of fifty dollars to be 
recovered by the district attorney. 

Compare § 161-a of the lyabor Law, ante. 



Report of the Commissioner of Labor, 1910. 231 

taking apprentice without guardian's consent. 

§ 493. Taking apprentice without consent of guardian. — A person who 
takes an apprentice without having first obtained the consent of his legal 
guardian or unless a written agreement has been entered into as prescribed 
by law, is guilty of a misaemeanor. 

For the law regulating apprenticeship, see under Industrial Education, post. 

PAYMENT OF WAGES TO MINORS. 

The Domestic Relations Law, Chapter 14 of the Consolidated Laws. 

§ 72. Payment of wages to minor; when valid. — Where a minor is in the 
employment of a person other than his- parent or guardian, payment to such 
minor of his wages is valid, unless such parent or guardian notify the em- 
ployer in writing, within thirty days after the commencement of such serv- 
ice, that such wages are claimed by such parent or guardian, but whenever 
such notice is given at any time payments to the minor shall not be valid 
for services rendered thereafter. 



HOURS OF LABOR.* 

DBTTG CLEBXS IN NEW YORK CITT. 

Public Health Law, Chapter 45 of the Consolu)Ated Laws. 

§ 236. Working hours and sleeping apartments. — No pliarmatist, drug- 
gist, apprentice or employee in any pliarmacy shall be required or permitted 
to work more than seventy hours per week. Xotliing in this section pro- 
hibits working six hours overtime any week for the purpose of making a 
shorter succeeding week, provided, liowever, that the aggregate number of 
hours in any such two weeks shall not exceed one hundred and forty hours. 
The working hours per day shall be consecutive, allowing one hour for each 
meal. The hours shall be so arranged that an employee shall be entitled to 
and shall receive at least one full day off in two consecutive weeks. This 
paragraph applies to cities of the first class. No proprietor of any pharmacy 
or drug store shall require or permit any clerk to sleep in any room or 
apartment in or connected with such store that does not comply with the 
sanitary regulations of the local board of health. [As am^d by L. 1910, ch. 
422.] 

§ 240. Revocation of license; misdemeanors; violations and penalties. — 

The wilful and repeated violation of any of the provisions of this article or 
th^ rules is sufficient cause for the revocation of a license or certificate. 
The licjense or certificate revoked shall on formal notice be delivered im- 
mediately to the board. 

Misdemeanors. It is a misdemeanor for 

9. Any proprietor of a pharmacy in a city of the first class to require 
more than seventy working hours a week in other arrangement than that 
permitted by section two hundred and thirty- six; and for any proprietor of 
a pharmacy or drug store to violate the provisions of the same section, in 
regard to sleeping apartments. [.4s ani'd hy L. 1910, ch. 422.] 

PUBLIC HOLIDAYS. 

General Construction Law, Chapter 22 of the Consolidated Laws. 

§ 24. Holiday and half-holiday. — The term holiday includes the following 
days in each year: The first day of January, known as New Year's day; 
the twelfth day of February, known as Lincoln's birthday ; the twenty-second 
of February, known as Washington's birthday; the thirtieth day of May, 
known as Memorial day; the fourth day of July, known as Independence day; 
the first Monday of September, known as Labor day; the twelfth day of 
October, known as Columbus day; and the twenty-fifth day of December, 
known as Christmas day, and if either of such days is Sunday, the next day 
thereafter; each general election day and each day appointed by the president 
of the United States or by the governor of this state as a day of general 

• Most of the legal restrictions upon the hours of labor are to be found in the 
Labor Law (articles 1, 6, 8 and 11, ante). See also under Public Work, post. 

[232] 



Report of the Commissioner of Labor, 1910. 233 



? 



tlmDksgiving, general fasting and prayer, or other general religious observ- 
ances. The term half-holiday includes the period from noon to midnight 
of each Saturday which is not a holiday. [As am'd hy L. 1909, ch. 112.] 

SUNDAY LABOB. 

Article 192 of Penal Law, Chapter 40 of the Consolidated Laws. 

§ 2143. Labor prohibited on Sunday. — All labor on Sunday is prohibited, 
excepting the works of necessity and charity. In works of necessity or 
charity is included whatever is needful during the day for the good order, 
health or comfort of the community. 

§ 2144. Persons observing another day as a Sabbath. — It is a sufficient 
defense to a prosecution for work or labor on the first day of the week that 
the defendant uniformly keeps another day of the week as holy time, and 
does not labor on that day, and that the labor complained of was done in 
such manner as not to interrupt or disturb other persons in observing the 
first day of the week as holy time. 

§ 2146. Trades, manufactures, and mechanical employments prohibited on 
Sunday. — All trades, manufactures, agricultural or mechanical employments 
upon the first day of tlje week are prohibited, except that when the same 
are works of necessity they may be performed on that day in their usual 
and orderly manner, so as not to interfere with the repose and religious 
liberty of the community. 

§ 2147. Public traffic on Sunday. — All manner of public selling or offering 
for sale of any property upon Sunday is prohibited, except that articles of 
food may be sold and supplied at any time before ten o'clock in the morning, 
and except also that meals may be sold to be eaten on the premises where sold 
or served elsewhere by caterers; and prepared tobacco, milk, ice and soda- 
water in places other than where spirituous or malt liquors or wines are 
kept or offered for sale, and fruit, flowers, confectionery, newspapers, drugs, 
medicines and surgical appliances may be sold in a quiet and orderly manner 
at any time of the day. The provisions of this section, however, shall not 
be construed to allow or permit the public sale or exposing for sale or delivery 
of uncooked flesh foods, or meats, fresh or salt, at any hour or time of the 
day. 

The prohibition of the sale of uncooked meat at any hour on Sunday Is 
constitutional : People ex rel. Woodln v. Hagan, 36 Misc. 349. 

§ 2153. Barbering on Sunday. — Any person who carries on or engages in 
the business of shaving, hair cutting or other work of a barber on the first 
day of the week, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not more than five dollars; and upon a second 
conviction for a like offense shall be fined not less than ten dollars and not 
more than twenty-five dollars, or be imprisoned in the county jail for a 
period of not less than ten days, nor more than twenty-five days, or be punish- 
able by both such fine and such imprisonment at the discretion of the court 
or magistrate; provided, that in the village of Saratoga Springs, from the 
fifteenth day of June to the fifteenth day of September, inclusive, and in the 
city of New York throughout the year, barber shops or other places where 
a barber is engaged in shaving, hair cutting or other work of a barber, may 
be kept open, and the work of a barber may be performed therein until one 
o'clock of the afternoon of the first day of the week. 

Held to be constitutional: People v. Havnor, 149 N. Y. 195 (1896). 



2'U ^S^EW VoRK StATK r)EPARTMKXT OF LABOft. 

VACATIOirS OF PUBLIC EMPLOYEES. 

i\bticle 4 of the pl'blic officers i>aw. c'liaptek 47 of the consolidated 

Laws. 

i 71. Vacations for employees of the state and the several civil subdivi- 
sions thereof. — The executive oflBcers of every public department, bureau, 
commission, or board of the state and of each county, city or other civil 
division thereof are authorized and empowered to g^ant to every employee 
under their supervision, who shall have been in' such employ for at least one 
year, a vacation of not less than two weeks in each year, and for such fur- 
ther period of time as in the opinion and judgment of the executive officers, 
the duties, position, length of service and other circumstances may warrant, 
at such time as the executive officers may fix and during such vacation the 
said employee shall be allowed the same compensation as if actually em- 
ployed. [Added by L. 1910, ch. 680.] 

Title 3 of Chapter 23 of the Greateb Xew York Charter. 
§ 1567. The executive heads of the various departments are authorized and 
empowered to grant to every employee of the city of New York, or of any 
department or bureau thereof, and of the department of education, a vaca- 
tion of not less than two weeks in each year and for such further period of 
time as the duties, length of service and other qualifications of an employee 
may warrant, at such time as the executive head of the department or any 
officer having supervision over said employee may fix, and for such time they 
shall be allowed the same compensation as if actually employed, except that 
no such vacation shall be granted to per diem employees for longer than 
two weeks and only during the month of June, July and August. [Added by 
L. 1910, ch. 679.] 

The granting of vacations under this section is permissive, not mandatory: People ex rel. 
Denery v. Drummond, in Supreme Court in New York City, Aug., 1910. 



DUTIES AND LIABILITIES OF EMPLOYERS AND 

EMPLOYEES. 

LIABILITY OF SAIL WAY COMPANIES.* 

Railboad Law, Chapter 49 of the Consolidated I^ws. 

§ 64. Injuries to employees. — In all actions against a railroad corpo- 
ration, foreign or domestic, doing business in this state, or against a re- 
ceiver thereof, for personal injury to, or death resulting from personal in- 
jury of any person, while in the employment of such corporation, or receiver, 
arising from the negligence of such corporation or receiver or of any of itd 
or his officers or employees, every employee, or his legal representatives, 
shall have the same rights and remedies for an injury, or for death, suffered 
by him, from the act or omission of such corporation or receiver or of its or 
his officers or employees, as are now allowed by law, and, in addition to 
the liability now existing by law, it shall be held in such actions that 
persons engaged in the service of any railroad corporation, foreign or do- 
mestic, doing business in this state, or in the service of a receiver thereof^, 
who are intrusted by such corporation or receiver, with the authority of 
superintendence, control or command of other persons in the employment of 
such corporation or receiver, or AAith the authority to direct or control any 
other employee in the performance of the duty of such employee, or who 
have, as a part of their duty, for the time being, physical control or direc- 
tion of the movement of a signal, switch, locomotive engine, car, train or 
telegraph office, are vice-principals of such corporation or receiver, and are 
not fellow-servants of such injured or deceased employee. If an employee, 
engaged in the service of any such railroad corporation, or of a receiver 
thereof, shall receive any injury by reason of any defect in the condition 
of the ways, works, machinery, plant, tools or implements, or of any car, 
train, locomotive or attachment thereto belonging, owned or operated, or 
being run and operated by such corporation or receiver, when such defect 
could have been discovered by such corporation or receiver, by reasonable and 
proper care, tests or inspection, such corporation or receiver shall be deemed 
to have had knowledge of such defect before and at the time such injury 
is sustained; and when the fact of such defect shall be proved upon the trial 
of any action in the courts of this state, brought by such employee or his 
legal representatives, against any such railroad corporation or receiver, on 
account of such injuries so received, the same shall be prima facie evidence 
of negligence on the part of such corporation or receiver. This section shall 
not affect actions or causes of action existing on May twenty-ninth, nineteen 
hundred and six; and no contract, receipt, rule or regulation between an 
employee and a railroad corporation or receiver, shall exempt or limit the 
liability of such corporation or receiver from the provisions of this section. 

 For the General Employers' Liability Law, see articlofs 14 and 14-a of the 
Labor Law, ante. 

[235] 



2'3'(] Kew York State Department of Labor. 

damages for injuries causino death. 

Article I of the Constitution. 

iSection 18. The right of action now existing to recover damages for injuries 
resulting in death shall never be abrogated; and the amount recoverable shall 
not be subject to any statutory limitation. 

Ck)DE OF Civil Pbogedube. 

§ 1902. The executor or administrator of a decedent, who has left, him or 
her surviving, a husband, wife, or next of kin, may maintain an action to re- 
cover damages for a wrongful act, neglect, or default, by which the decedent's 
death was caused, against a natural person who, or a corporation which, would 
have been liable to an action in favor of the decedent, by reason thereof, if 
death had not ensued. Such an action must be commenced within two years 
after the decedent's death. 

CRIMINAL LIABILITY FOB NEGLIGENCE. 

Penal Law, Chapteb 40 of the Consolidated Laws, § 1052 (past). 

Negligent use of machinery. — A person who, by any act of negligence or 
misconduct in a business or employment in which he is engaged, or in the 
use or management of any machinery, animals, or property of any kind, 
intrusted to his care, or under his control, or by any unlawful, negligent or 
reckless act, not specified by or coming within the foregoing provisions of 
this article, or the provisions of some other statute, occasions the death of 
a human being, is guilty of manslaughter in the second degree. 

Persons in charge of steamboats. — A person having charge of a steamboat 
used for the conveyance of passengers, or of a boiler or engine thereof, who, 
from ignorance, recklessness, or gross neglect, or for the purpose of excelling 
any other boat in speed, creates, or allows to be created, such an undue 
quantity of steam as to burst the boiler, or other apparatus in which it is 
generated or contained, or to break any apparatus or machinery connected 
therewith, whereby the death of a human being is occasioned, is guilty of 
manslaughter in the second degree. 

Persons in charge of steam engines. — An engineer or other person, having 
charge of a steam boiler, steam engine, or other apparatus for generating 
or applying steam, employed in a boat or railway, or in a manufactory, or in 
any mechanical works, who wilfully, or from ignorance or gross neglect, 
creates or allows to be created, such an undue quantity of steam as to burst 
the boiler, engine, or apparatus, or to cause any other accident, whereby the 
death of a human being is produced, is guilty of manslaughter in the second 
degree. 

§ 1893. Mismanagement of steam boilers. — An engineer or other person hav- 
ing charge of a steam boiler, steam engine, or other apparatus for generating 
or employing steam, employed in a railway, manufactory, or other mechanical 
works, who, wilfully or from ignorance or gross neglect, creates or allows 
to be created such an uViduo quantity of steam as to buyst the boiler, engine 
or apparatus, or cause any other accident whereby human life is endangered, 
is guilty of a misdemeanor. 

See also S§ 1891, 1892. 



Report of the Commissioner of Labor, lO-lO. 237 

EMPLOYEES NOT TO DISPOSE OF MATEBIAL FTIBNISHED. 

Penal Law, Chapter 40 of the Consolidated Laws. 

§ 1310. Conversion of materials furnished to a person for purpose of 
being manufactured. — Any person who shall wilfully pawn, pledge, sell or 
convert to his or her own use any material furnished to him or her for the 
purpose of being manufactured, if the same be of the value of more than 
twenty-five dollars, shall, upon conviction thereof, be adjudged guilty of grand 
larceny, and imprisoned in a state prison for a term not exceeding five years, 
but if the same be of the value of twenty-five dollars or under, he or she 
shall, upon conviction, be adjudged guilty. of petit larceny, and be punished 
by imprisonment in a county jail not exceeding six bionths, or by fine not 
exceeding one hundred dollars, or by both such fine and imprisonment. 

Nothing in this section contained shall be deemed or held to discharge any 
mechanic's lien, or right of lien in favor of any employee as now recognized 
by law. 

COBRVPT IKFLTTENCING OF AGENTS, EMPLOYEES OB SERVANTS. 

Penal Law, Chapter 40 of the Consolidated Laws. 

§ 439. Corrupt influencing of agents, employees or servants. — Whoever 
gives, offers or promises to an agent, employee or servant, any gift or gratuity 
whatever, without the knowledge and consent of the principal, employer or 
master of such agent, employee or servant, with intent to infiiience his 
action in relation to his principal's, employer's or master's business; or an 
agent, employee or servant who without the knowledge and consent of his 
principal, employer or master, requests or accepts a gift or gratuity or a 
promise to make a gift or to do. an act beneficial to himself, under an agree- 
ment or with an understanding that he shall act in any particular manner 
to his principal's, employer's or master's business; or an agent, employee 
or servant, who, being authorized to procure materials, supplies or other 
articles either by purchase or contract for his principal, employer or master, 
or to employ service or labor for. his principal, employer or master, receives 
directly or indirectly, for himself or for another, a commission, discount or 
bonus from the person who makes such sale or contract, or furnishes such 
materials, supplies or other articles, or from a person who renders such 
service 'or labor ; and any person who gives or offers such an agent, employee 
or servant such commission, discount or bonus shall be guilty of a misde- 
meanor and shall be punished by a fine of not less than ten dollars nor more 
than five hundred dollars, or by such fine and by imprisonment for not more 
than one year. 

Cf. "Bribery of labor representatives," under Trade Unions, post. 



POLITICAL AND LEGAL RIGHTS AND PEIVILEGES OF 

WOSKINGMEN. 

allowing time fob employees to vote without lobs of pat. 

Election Law, Chapter 17 of the Consolidated Laws. 

§ 365. Time allowed employees to vote. — Any person entitled to vote at a 
giMieral election held within this state, shall on the day of such election be 
entitled to absent himself from any service or employment in which he is then 
engaged or employed, for a period of two hours, while the polls of such election 
are open. If such voter shall notify his employer before the day of such elec- 
tion of such intended absence, and if thereupon two successive hours for 
such absence shall be designated by the employer, and such absence shall be 
during such designated hours, or if the employer upon the day of such notice 
makes no designation, and such absence shall be during any two consecutive 
hours while such polls are open, no deduction shall be made from the usual 
salary or wages of such voter, and no other penalty shall be imposed upon 
him by his employer by reason of such absence. This section shall be deemed 
to include all employees of municipalities. 

Penal Law, Chapter 40 of the Consolidated Laws. 
§ 759. Refusal to permit employees to attend election. — ^A person or corpo- 
ration who refuses to an employee entitled to vote at an election or town meet- 
ing, the privilege of attending thereat, as provided by the election law, or 
subjects such employee to a penalty or reduction of wages because of the 
exercise of such privilege, is guilty of a misdemeanor. 

10 PREVENT EMPLOYERS FROM COERCING EMPLOYEES IN THEIR EXER- 
CISE OF THE SUFFRAGE. 

Penal Law, Chapter 40 of the Consolidated Laws. 
§ 772. Duress and intimidation of voters. — Any person or corporation who 
directly or indirectly: 

1. Uses or threatens to use any force, violence or restraint, or inflicts or 
threatens to inflict- any injury, damage, harm or loss, or in any other manner 
practices intimidation upon or against any person in order to induce or 
compel such person to vote or refrain from voting at any election or to vote 
or refrain from voting for or against any particular person or for or against 
any proposition submitted to voters at such election, or to place or cause 
to be placed or refrain from placing or causing to be placed his name upon 
a registry of voters, or on account of such person having voted or refrained 
from voting at such election, or having voted or refrained from voting for or 
against any particular person or persons, or for or against any proposition 
submitted to voters at such election, or having registered or refrained from 
registering as a voter; or, 

2. By abduction, duress or any forcible or fraudulent device or contrivance 
whatever impedes, prevents or otherwise interferes with the free exercise of 
the elective franchise by any voter, or compels, induces or prevails upon 
any voter to give or refrain from giving his vote for or against any par- 
ticular person at any election; or, 

£238] ' , .■• 



Eeport of the Commissioner of Labor, 19"10. 239 

3. Being an employer pays his employees the salary or wages due in "pay 
envelopes," upon which there is written or printed any political motto, device 
or argument containing threats, express or implied, intended or calculated to 
influence the political opinions or actions of such employees, or within 
ninety days of a general election puts or otherwise exhibits in the establish- 
ment or place where his employees are engaged in labor, any handbill or 
placard containing any threat, notice or information, that if any particular 
ticket or candidate is elected or defeated, work in his place or establishment 
will cease, in whole or in part, his establishment be closed up, or the wages 
of his employees reduced, or other threats, express or implied, intended or 
calculated to influence the political opinions or actions of his employees. 

Is guilty of a misdemeanor, and if a corporation shall in addition forfeit 
its charter. 

EXEMPTION OF VECHAKICS' TOOLS FROM ATTAOHXEKT. 

Code of Civil Procedure (Chapter 13, Title 2, Article I). 
§ 1390. The following personal property, when owned by a householder is 
exempt from levy and sale by virtue of an execution, and each movable article 
thereof continues to be so exempt, while the family, or any of them, are 

removing from one residence to another: 

 *  « * » ♦# » 

6. The tools and implements of a mechanic, necessary to the carrying 
on of his trade, not exceeding in value twenty-five dollars. 

GARNISHEE OF WAGES. 

Code of Civil Procedure (Chapter 13, Title 2, Article I). 
§ 1391. In addition to the exemptions, allowed by the last section, necessary 
household furniture, working tools and team, professional instruments, fur- 
niture and library, not exceeding in value  two hundred and fifty dollars, 
together with the necessary food for the team, for ninety days, are exempt 
from levy and sale by virtue of an execution, when owned by a person, being 
a householder, or having a family for which he provides, except where the 
execution is issued upon a judgment, recovered wholly upon one or more 
demands, either for work performed in the family as a domestic or for the 
purchase money, of one or more articles, exempt as prescribed in this or the 
last section. Where a judgment has been recovered and where an execution 
issued . upon said judgment has been, returned wholly or partly unsatisfied, 
and where aijy wages, debts, earnings, salary, income from trust funds or prof- 
its are due and owing to the judgment debtor or shall thereafter become due 
and owing to him, to the amount of twelve dollars or more per week, and 
where no execution issued as hereafter provided for in this section is unsatis- 
fied and outstanding against said judgment debtor, the judgment creditor may 
apply to the court in which said judgment was recovered or the court having 
jurisdiction of the same without notice to the judgment debtor and upon 
satisfactory proof of such facts by affidavits or otherwise, the eourt, if a 
court not of record, a judge or justice, thereof, must issue or if a court of 
record, a judge or justice, must grant an order directing that an execution 
is-iie 4igani»t the wages, debt, earnings, salary, income from trust funds or 

profits of 9Aid juf^gment d^btor^ mil on presentation of su^b »%cmtU)n \ij tb« 



240 New York State DErARTMENT of Labor. 

officer to whom delivered for collection to the person or persons from whom 
such wages, debts, earnings, salary, income from trust funds or profits are 
due and owing, or may thereafter become due and owing to the judgment 
debtor, said execution shall become a lien and a continuing levy upon the 
wages, earnings, debts, salary, income from trust funds or profits due or to 
become due to said judgment debtor to the amount specified therein which 
shall not exceed ten per centum thereof, and said levy shall be a continuing 
levy until said execution and the expenses thereof are fully satisfied and paid 
or until modified as hereinafter provided. It shall be the duty of any person 
or corporation, municipal or otherwise, to whom said execution shall be 
presented, and who shall at such time be indebted to the judgment debtor 
named in such execution, or who shall become indebted to such judgment 
debtor in the future, and while said execution shall remain a lien upon said 
indebtedness to pay over to the officer presenting the same, such amount of 
such indebtedness as such execution shall prescribe until said execution shall 
be wholly satisfied and such payment shall be a bar to any action therefor 
by any such judgment debtor. If such person or corporation, municipal or 
otherwise, to whom said execution shall be presented shall fail, or refuse to 
pay over to said officer presenting said execution, the percentage of said in- 
debtedness, he shall be liable to an action therefor by the judgment creditor 
named in such execution, and the amount so recovered by such judgment 
creditor shall be applied towards the payment of said execution. Either 
party may apply at any time to the court from which such execution shall 
issue, or to any judge or justice issuing the same, or to the county judge of 
the county, and in any county where there is no county judge, to any justice 
of the city court upon such notice to the other party as such court, judge, or 
justice shall direct for a modification of said execution, and upon such hearing 
the said court, judge or justice may make such modification of said execu- 
tion as shall be deemed just, and such execution as so modified shall continue 
in full force and effect until fully paid and satisfied, or until further modified 
as herein provided. 

The above section exempts from attachment wages of less than $12 per week. 
Section 1879 of the Code of Civil Procedure also exempts from execution ca 
judgment creditor's action " the earnings of the .liidgmcnt debtor for his personal 
services, rendered within sixty days next before the commencement of the action, 
where it Is made to appear, by his oath, or otherwise that those earnings are 
necessarj' for the use of a family, wholly or partly supported by his labor." 

This section applies to state employees : See section 2-a of the State Finance 
Law (which provides also for semi-monthly pay for such employees and which 
was added in 1910) given under Public Work and Public Contracts, post. 
Prior to the addition of this section to the Finance Law, the garnishee law had 
been held not to apply to state employees, usterhouat v. Stade, lo.'i App. Div. 83. 

TAKING SECURITY FOR USURIOUS LOANS. 

Penal Law, Chapter 40 of the Consolidated Laws. 
§ 2400. Taking security upon certain property for usurious loans. — A per- 
son who takes security, upon any household furniture, sewing machines, plate 
or silverware in actual use, tools or implements of trade, wearing apparel or 
jewelry, for a loan or forbearance of money, or for the use or sale of his 
personal credit, conditioned upon the payment of a greater rate than six 
per centum per annum or, who as socnrity for such loan, use or sale of 



Report of the Commissioner of Labor, 1910. 241 

personal credit as • aforesaid, makes a pretended purchase of such property 
from any person, upon the like condition, and permits the pledger to retain 
the possession thereof is guilty of a misdemeanor. 

ASSIGNMENT OF WAGES. 
Personal Pbopebty Law, Chapter 41 of the Consolidated Laws. 

§ 42. Lenders of money on salaries to file copies of agreement. — 1. Any 
person or persons, firm, corporation or company, who shall after March 
eighteenth, nineteen hundred and four, make to any employee an advance 
of money, or loan, on account of salary or wages due or to be earned in the 
future by such individual upon an assignment or note covering such loans 
or advances, shall not acquire any right to collect or attach the same while 
in the possession or control of the employer, unless within a period of three 
days after the execution of such assignment or notes and the making of 
such loan or loans, the party making such loan and taking such assignment 
shall have filed with the employer or employers of the individual so assigning 
his present or prospective salary or wages, a duly authenticated copy of such 
agreement or assignment or notes under which the claim is made. 

2. No action shall be maintained in any of the courts of this state, 
brought by the holder of any such contract, assignment or notes, given by 
an employee for moneys loaned on account of salary or wages, in which it is 
sought to charge in any manner the employer or employers, unless it shall 
appear to the satisfaction, of the court that a copy of such agreement, assign- 
ment or notes, together with a notice of lien, was duly filed with the employer 
or employers of the person making such agreement, assignment or notes, by 
the person or persons,, corporation or company making said loan within three 
days after the said loan was made and the said agreement, assignment or 
notes were given. 

. See also § 13 of the Labor Law, ante. 

ORDINARY EXEMPTIONS NOT VALID AGAINST WAGE DEBTS. 

Laws of 1902, Chapteb 580. 
An Act in relation to the municipal court of the city of New York, its 

officers and marshals. 

§ 274. Judgment in favor of wage earners. — In an action, brought in the 
municipal court, by a journeyman, laborer, or other employee whose employ- 
ment answered to the general description of wage earner, for services ren- 
dered or wages earned in such capacity, if the plaintiff recovers a judgment for 
a sum not exceeding fifty dollars, exclusive of costs, and the action shall have 
been brought within two months after the cause of action accrued, no property 
of the defendant is exempt from levy and sale by virtue of an execution 
against property, issued thereupon; and, if such an execution is returned 
wholly or partly unsatisfied, the clerk must, upon the application of the 
plaintiff, issue an execution against the person of the defendant for the sum 
remaining uncollected, if the indorsement required by this act to the effect 
that defendant was liable to arrest was complied with. A defendant arrested 
by virtue of an execution so issued against his person, must be actually 
confined in the jail, and is not entitled to the liberties thereof; but he must 



242 New York State Department of Labor. 

be discharged after having* been so confined for fifteen days. After his dis 
charge another execution against his person cannot be issued upon the judg- 
ment, but the judgment creditor may enforce the judgment against property 
as if the execution, from which the judgment debtor is discharged, has been 
returned, without his being taken. [As am^d hy L. 1907, ch. 425.] 

MAKING EHFLOYEES FREFEEEED CEEDITOES. 

Debtor and Creditor Law, Chapter 12 of the Consolidated Laws. 

§ 27. Wages preferred claims. — In all distribution of assets under all 
assignments made in pursuance of this article, the wages or salaries actually 
owing to the employees of the assignor or assignors at the time of the execu- 
tion of the assignment for services rendered within one year prior to the 
execution of the assignment, shall be preferred before any other debt; and 
should tlie assets of the assignor or assignors not be sufficient to pay in full 
all the claims preferred, pursuant to this section, they shall be applied to the 
payment of the same pro rata to the amount of each such claim. 

Uf. 1 9 of the Labor Law, " Payment of wages by receivers," ante; and 
the Lien Law, ch. 38 of the Consolidated Laws. 
The statute is constitutional: 104 N. Y. 606. 

LIABILITY OF STOGKHOLDEES FOE WAGE DEBTS. 

Stock Corporation Law, Chapter 59 of the Consolidated Laws. 

§ 56. Liabilities of stockholders. — Every holder of capital stock not fully 
paid, in any stock corporation, shall be personally liable to its creditors, to 
an amount equal to the amount unpaid on the stock held by him for debts 
of the corporation contracted while such stock was held by him. As to 
existing corporations the liability imposed by this section shall be in lieu 
of the liability imposed upon stockhoklors of any existing corporation, under 
any general or special law, excepting laws relating to moneyed corporations, 
and corporations and associations for banking purposes, on account of any 
indebtedness hereafter contracted or any stock hereafter issued; but nothing 
in this section contained shall create or increase any liability of stockholders 
of any existing corporation under any general or special law. 

§ 57. Liabilities of stockholders to laborers, servants or employees. — The 
stockholders of every stock corporation shall jointly and severally be per- 
sonally liable for all debts due and owing to any of its laborers, servants 
or employees other than contractors, for services performed by them for such 
corporation. Before such laborer, servant or employee shall charge such 
stockholder for such services, he shall give him notice in writing, within 
thirty days after the termination of such services, that he intends to hold 
him liable, and shall commence an action therefor within thirty days after 
the return of an execution unsatisfied against the corporation upon a judg- 
ment recovered against it for . services. 

§ 58. Non-liability in certain cases. — No person holding stock in any cor- 
poration as collateral security, or as executor, administrator, guardian or 
trustee, unless he shall have voluntarily invested the trust funds in such 
stock, shall be personally subject to liabilitj'^ as a stockholder; but the per- 
eon pledging such stock shall be considered the holder thereof and shall he 
I'lahlB as stockholder, and the estates and fundg in the hunda of such exmutor, 



Report of the Commissioner of Labor, 1J>10. 243 

administrator, guardian or trustee shall be liable in the like manner and 
to the same extent as the testator or intestate, or the ward or person 
interested in such trust fund would have been, if he had been living and 
competent to act and held the same stock in his own name, unless it appears 
that such executor, administrator, guardian or trustee voluntarily invested 
the trust funds in such stocks, in which case he shall be personally liable as 
a stockholder. 

LIABILITY OF RAILROAD CORPORATIONS TO EMPLOYEES OF CONTRACTORS 

FOR WAGE DEBTS. 

Raiijioad Law, CirApxEE 49 of the Consolidated Laws. 

§ 50. Liability of corporation to employees of contractor. — An action may 
be maintained against any railroad corperation by any laborer for the 
amount due him from any contractor for the construction of any part of its 
road, for ninety or any less number of days' labor performed by him in con- 
structing such road, if within twenty days thereafter a written notice shall 
have been served upon the corporation, and the action shall have been com- 
menced after the expiration of ten days and within six months after the 
service of such notice, which shall contain a statement of the month and 
particular days upon which the labor was performed and for which it was 
unpaid, the price per day, the amount due, the name of the contractor from 
whom due, and the section upon which performed, and shall be signed by 
the laborer or his attorney and verified by him to the effect that of his own 
knowledge the statements contained in it are true. The notice shall be 
served by delivering the same to an engineer, agent or superintendent having 
charge of the section of the road, ugon which the labor was performed, per- 
sonally, or by leaving it at his ofiice or usual place of business with some 
person of suitable age or discretion; and if the corporation has no such agent, 
engineer or superintendent, or in case he can not be found and has no place 
of business open, service may in like manner be made on any officer or 
director of the corporation. 

See further Lien Law, § 6, " Liens for labor oa railroad " ; also § 145 of the 
Canal Law providing security for wages of laborers on canals, post. 

Laborers employed by sub-contractors are protected by this act (42 Hun 53). 

NO COURT FEES REQUIRED IN SUITS FOR WAGES. 

Laws of 1902, Chapteb 580. 
An Act in relation to the municipal court pf the city of New York, its 



officers and marshals. 

i 44. Where employee is party. — When an action is brought by an em- 
ployee against an employer for services performed by such employee, male or 
female, the clerk of the said municipal court in the district in which the 
action is brought, shall issue a free summons when the plaintiff's demand is 
less than fifty dollars and the plaintiff is a resident of the city of New York, 
and proof by the plaintiff's own affidavit that he has a good and meritorious 
cause of action and of the nature of such action and of said plaintiff's resi- 
dence, and whether previous application tlierefor has been made, shall be duly 
presented to and filed with the clerk of the municipal court where such action 
shall J)i* brought nnd he shall not demand or receive any fee whatsoever from 



244 New Yoek State Department of Labor. 

the plaintitf or his agents or attorneys in such action, unless the plaintiff 
shall demand a trial jury, in which case the plaintiff must pay to the clerk 
of the municipal court where such action shall be pending the sum of four 
dollars and fifty cents. 

S 340. Costs in action by working woman. — In an action brought to recover 
a sum of money for wages earned by a female employee, other than a domestic 
servant; or for material furnished by such an employee, in the course of her 
employment, or in or about' the subject-matter thereof, or for both, the plain- 
tiff, if entitled to costs, recovers the sum of ten dollars as costs, in addition to 
the costs allowed in this court, unless the amount of damages recovered is less 
than ten dollars; in which case, the plaintiff recovers the sum of five dollars 
as such additional costs. When the employee is the plaintiff in such an action, 
she is entitled upon a settlement thereof, to the full amount of costs, which 
she would have recovered, if judgment had been rendered in her favor, for 
the sum received by her upon the settlement. 

§ 348. Employee's action; no fees. — When the action is brought by an 
employee against an employer for services performed by such employee, male 
or female, the clerks of this court shall not demand or receive any fees what- 
soever from the plaintiff or his agents or attorneys in such action, if the 
plaintiff shall present proof by his own affidavit that his demand is less than 
fifty dollars, that he is a resident of the city of New York, that he has a 
good and meritorious cause of action against the defendant, and the nature 
thereof; that he has made either a written or a personal demand upon the 
defendant or his agent or representative, for payment thereof, and that pay- 
ment was refused. Except that if the plaintiff shall demand a trial by jury, 
he must pay to the clerk the fees therefor prescribed in this act. 

Sec. 274 of the Municipal Code provides for body executions against employera 
whose property Is insufficient to satisfy judgments in wage suits. (See " Ordinary 
exemptions not valid against wage debts," ante.) 

MABSIED WOMAN'S RIGHT OF ACTION FOR WAGES, ETC. 

Domestic Relations Law, Chapter 14 of the Consolidated Laws. 
§ 60. Married woman's right of action for wages. — A married woman shall 
have a cause of action in her own sole and separate right for all wages, 
salary, profits, compensation or other remuneration for which she may ren- 
der work, labor or services, or which may be derived from auy trade, busi- 
ness or occupation carried on by her, and her husband shall have no right 
of action therefor unless she or he with her knowledge and consent has other- 
wise expressly agreed with the person obligated to pay such wages, salary, 
profits, compensation or other remuneration. In any action or proceeding in 
which a married woman or her husband shall seek to recover wages, salary, 
profits, compensation or other remuneration for which such married woman 
has rendered work, labor or services or which was derived from any trade, 
business or occupation carried on by her or in which the loss of such wages, 
salary, profits, compensation or other remuneration shall be an item of 
damage claimed by a married woman or her husband, the presumption of 
law in all such cases shall be that such married woman is alone entitled 
thereto, unless the contrary expressly appears. This section shall not affect 
any riglit, cause of action or defense existing prior to May seventeenth, 
nineteen hundred and five. 



PUBLIC WORK AND CONTRACTS. 

[Besides section 3 of the Labor Law, ante, there is on the statute books a large 
body of laws for the regulation of wages, hours, etc.", of persons employed on 
public Work. Of this legislation only a few examples can be reproduced in this 
compilation. In addition to the statutes respecting employees of state prisons 
and armories, the Insanity Law (ch. 27 of the Consolidated Laws) contains an 
extremely detailed schedule of wages and salaries (see Report of the Commissioner 
oi' Labor, 1904, p. 105). Of the numerous laws fixing the terms of employment 
of municipal employees, again, only one example is here printed — that of the street 
cleaners of New York City. Nearly every city cliarter contains provisions as to 
the hours of work, compensation, etc., of policemen, firemen, and other employees, 
while the larger cities have established, through action of the Legislature, retire- 
meat funds or service pensions. Such privileges are deemed to counterbalance 
the loss of certain constitutional rights upon entrance in the public service; flrt»- 
nien, for example, having no right to become members of an association that has lor 
its object the Influencing of legislation (People ex rel. Clifford v. Scannell, 74 App. 
I>iv. 406). The validity of this legislation has never been successfully challenged, 
so far as It relates to direct employment by public authorities. Public work done 
by contract, however, has been distinguished by the courts from work done by 
the emploj'ees of public authorities, but the amendment of the Constitution of 
1905 brought such work under the authority of legislative enactment.] 

EXPOWERINO THE LEGISLATUBE TO KEQULATE THE OOVDITIOKS 01* EX- 

PLOYMENT OK PXTBLIC WOjbIX. 

Constitution of the State of New York, Abticle XII. 

Section 1. It shall be the duty of the Legislature to provide for the organi- 
zation of cities and incorporated villages, and to restrict their power of taxa- 
tion, assessment, borrowing money, contracting debts, and loaning their credit, 
so as to prevent abuses in assessments and in contracting debt by such 
municipal corporations; and the Legislature may regulate and fix the wages 
or salaries, the hours of work or labor, and make provision for the pro- 
tection, welfare and safety of persons employed by the State or by any 
county, city, town, village or other civil division of the State, or by any con- 
tractor or sub- con tractor performing work, labor or services for the State, 
or for any county, city, town, village or other civil division thereof. [A« 
amended in 1905.] 

LABOBERS EXPLGYED IK THE STATE SEBVICE. 

Civil Service Law, Chapter 7 of the Consolidated Laws. 

§ 10. Rules for the classified state service. * * * No examination or 
registration shall be required of persons to be employed as laborers in the 
state service. ♦•♦ •  •     • 

CI. S 18 below, requiring registration of laborers for «im nicipar employment 

SEXI-XOKTHLY PAYXEKT OF WAGES TO STATE EXFLOYEES. 

State Finance Law,, Chapter 56 of the Consolidated Laws. 

§ 2-a. The salaries of all officers of the state, and the wages of all em- 
ployees thereof shall be due from and payable by the state twice each 
month, on the first and sixteenth days thereof, except where such days fall 
upon .Sunday or a legal holiday when such payments shall be made upon 
the succeeding business day. Said salaries and wages shall be subject to 

r2451 



246 l^Ew York State DEPABtMEi^'r of Labor. 

all the provisions of section thirteen hundred and ninety-one of the code of 
civil procedure applicable to any wages, debts, earnings or salary, as if the 
state and the said wages and salary due and payable by it had been par- 
ticularly designated therein. The provisions of this section shall be deemed 
to supersede any other provision of this chapter or of any general or special 
law inconsistent herewith. [Added by L. 1910, ch. 3-17.3 

riXIKG THE COMPENSATION OF EMPLOYEES OF STATE F&X80N8. 

Prison Law, Chapter 43 of the Consolidated Laws. 

S 114. Compensation of other officers. — The superintendent of state prisons 
shall, from time to time, prescribe the compensation of the other officers of 
said prisons, but the compensation so fixed and prescriDed for the following 
oificers in each of such prisons shall not in any case exceed the rate of an 
annual salary, as follows: To the principal keeper, two thousand dollars; to 
the kitchen-keeper, store-keeper, hall-keeper and yard-keeper, each twelve hun- 
dred dollars; to the sergeant of the guard, nine hundred dollars; to the state 
detective at Sing Sing prison, eighteen hundred dollars. Officers designated *s 
keepers prior to June first, nineteen hundred and four, shall be classified as 
guards. The several guards shall be paid only for services actually rendered, 
and their annual compensation shall be subject to pro rata deduction for time 
not served. The compensation of guards appointed after said date, shall be 
as follows: For the first year's service, six hundred and sixty dollars; for 
the second year's service, seven hundred and forty dollars; for the third 
year's service, eight hundred and twenty dollars; for the fourth year's ser- 
vice, and thereafter, nine hundred dollars. The annual compensation of 
guards in service on said date shall be for services thereafter rendered, as 
follows: To those serving their first year as prison officers, seven hundred, 
and eighty dollars; to those serving their second year as prison officers, 
eight hundred and twenty dollars; to those serving their third year as prison 
officers, eight hundred and sixty dollars; to those who have served three or 
more years as prison officers, nine hundred dollars. 

labobebb and mechanics in state abmobies. 

Military LiAW, Chapter 36 of the CaNSOLiDATED L.vws. 

§ 189. Compensation of employees in armories. — The persons appointed 
under the provisions of the two preceding sections shall receive compensa- 
tion for the time actually and necessarily employed in their duties, to be 
fixed by the officer appointing such persons as follows: When employed in 
armories or arsenals located in cities armorers, janitors and engineers not to 
exceed four dollars per day, unless the city has a population of less than 
fifty thousand, in which case such compensation shall not exceed three dollarn 
per day, and not fo exceed three dollars per day in armories or arsenals not 
located in cities; an armorer, janitor or engineer appointed by the command- 
ing officer of an organization located in a city who under orders duly issued 
by such officer performs the whole or any part of his duties outside the limits 
of such city shall receive the compensation provided for an armorer, janitor 
or engineer employed in an armory located in such city; laborers not to 
exceed two dollars per day except in cities having a population of three 
hundred thousand or over, and in counties adjoining cities of the first class. 



HePOKT of the CoMMlSRIOXER OF LaBOR, I&IO. 24? 

not to exceed three dollars per day. An armorer employed in an arsenal or 
armory having two hundred tlioiisand or more square feet of floor surface 
and occupied by a rogiinoiit may in the discretion of the officer appointing, 
receive additional compensation not to exceed five dollars per day. The chief 
engineer in an armory having over two hundred thousand square feet of 
floor surface occupied by a regiment and lighted by electricvty produced by 
machinery operated by the power of steam, if such steam is generated and 
machinery operated within such armory not to exceed five dollars per day. 
The compensation, as certified to by the officer appointing such persons, 
under the provisions of the two preceding sections, shall be paid semi- 
monthly upon the certificate of such officer, and shall be a county charge upon 
the county in which such armory or arsenal is situated; and shall be levied, 
collected and paid in the same manner as other county charges are levied, 
collected and paid. A commissioned officer in active service shall not be 
eligible for appointment, to, and shall not hold the position of armorer, janitor, 
engineer or laborer in any armory or arsenal. 

BEOISTRATION OF LABORERS FOR MUNICIPAL EMPLOYMENT. 

The Civil Service Law, Chapter 7 of the Consolidated Laws. 

§ 18. The labor class in cities. — The labor class in cities shall include 
•unskilled laborers and such skilled laborers as are not included in the com- 
petitive class or the non-competitive class. Vacancies in the labor class in 
cities shall be filled by appointment from lists of applicants registered by 
the municipal commissions. Preference in employment from such lists shall 
be given according to date of application. There shall be separate lists of 
applicants for different kinds of labor or employment, and the commissions 
may establish separate labor lists for various institutions and departments. 
Where the labor service of any department or institution extends to sepa- 
rate localities, the commissions may provide separate registration lists for 
each district or locality. The commissions shall require an applicant for 
registration for the labor service to furnish such evidence or pass such exam- • 
ination as they may deem proper with respect to his age, residence, physical 
condition, ability to labor, skill, capacity and experience in the trade or em- 
ployment for which he applies. 

Veterans of the Civil War, who, under the terms of the Constitution (Art. V, 
I 9) are entitled to preference in the civil service " without regard to their stand- 
ing," are to be placed at the head of registration lists as though their application 
had been filed prior to those of persons not entitled to preference (§ 21 of tne 
Civil Service I-aw). 

FIXING WAGES AND SALARIES OF EMPLOYEES OF THE STREET GLEANING 

DEFAHTMENT, NEW YORK CITY. 

The Revised Charter (Laws of 1901, Chapter 466). 

§ 536. The members of the department of street cleaning shall be divided 
into two general classes, to be designated, respectively, the clerical force and 
the uniformed force. The clerical force shall consist of a chief clerk, medical 
examiners, not exceeding three in number, and such and so many clerks and 
messengers as the commissioner of street cleaning shall deem necessary. 
The uniformed force shall be appointed by the commissioner of street clean- 
ing, and shall consist of one general superintendent, one assistant superin- 



248 New York State Department of Labor. 

tendent, one superintendent of final disposition, one assistant superintendent 
of final disposition, district superintendents, not exceeding twenty-one in 
number; time collectors, not exceeding eight in number; section foremen, 
not exceeding one hundred and twenty-five in number; dump inspectors, not 
exceeding forty- three in numl)er; assistant dump inspectors, not exceeding 
forty-three In number; sweepers, not exceeding thirty-one hundred in num- 
ber; dump boardmen, not exceeding forty-three in number; drivers, not ex- 
ceeding sixteen hundred in number; stable foremen, not exceeding twenty- 
one in number; assistant stable foremen, not exceeding twenty-one in' 
number; hostlers, not exceeding one head hostler to each stable and 
additional hostlers not exceeding one for each ten horses; a master 
jtcechanic and such and so many mechanics and helpers as may be 
necessary. The commissioner of street cleaning shall have power and is 
hereby authorized to increase the said uniformed force, from time to time, 
by adding to the number of sweepers, drivers and hostlers provided the 
board of estimate and apportionment and the board of aldermen shall have 
previously made an appropriation for the purpose of permitting such in- 
crease. The annual salaries and compensations of the members of the uni- 
formed force of the department of street cleaning shall not exceed the fol- 
lowing: Of the general superintendent, three thousand dollars; of the as- 
sistant superintendent, two thousand five hundred dollars; of the master 
mechanic, one thousand eight hundred dollars; of the superintendent of final 
disposition, two thousand dollars; of the assistant superintendent of final 
disposition, one thousand five hundred dollars; of the district superin- 
tendents, one thousand eight hundred dollars each; of the time collectors, 
one thousand two hundred dollars each; of the section foremen, one thousand 
two hundred dollars each; of sweepers or drivers acting as assistants to 
the section or stable foremen, nine hundred dollars each; of the dump in- 
spectors, one thousand two hundred dollars each; of the assistant dump in- 
spectors, nine Hundred dollars each; of the dump boardmen, seven hundred 
and twenty dollars each; of the sweepers, seven hundred and twenty dollars 
each; of the drivers, seven hundred and twenty dollars each; of the stable 
foremen, one thousand three hundred dollars each; of the assistant stable 
foremen, one thousand dollars each; of the hostlers, seven hundred and twenty 
dollars each. Hostlers may receive extra pay for Sundays if an appropria- 
tion therefor is made by the board of estimate and apportionment. The 
members of the department of street cleaning shall be employed at all such 
times and during such hours and upoti such duties as the commissioner of 
street cleaning shall direct for the purpose of an effective performance of the 
work devolving upon the said department. In case of a snow fall or other 
emergency, the commissioner of street cleaning or the deputy commissioner 
may hire and employ temporarily such and so many men, carts and horses 
as shall be rendered necessary by such emergency, forthwith reporting such 
action with the full particulars thereof to the mayor, but no man, cart or 
horse, shall be so hired or employed for a longer period than three days, 
except that any person registered or eligible to appointment as a driver, or 
as a sweeper, may be temporarily employed at any time as an extra driver 
or sweeper to fill the place of a driver or sweeper who is suspended or tem- 
porarily absent from duty from any cause. The rate of compensation for 
such extra drivers or sweepers shall be two dollars per day, and -the driver 



Report of the Commissioner of Labor, lO'lO. 249 

or sweeper whose place is so filled shall not receive any compensation for the 
time during which he is so ahsent from duty or his place is so filled, un- 
less such injury or illness was caused by service in the department. The 
services of any person employed, and of carts and horses hired pursuant to 
this section, shall be paid for in full and directly by the department of street 
cleaning, at sUch times as may be prescribed by such department; and they, 
and each of them, shall be employed and hired directly by the department of 
street cleaning and not through contractors or other persons, unless the 
commissioner himself shall determine that this requirement must for proper 
action in a particular instance be dispensed with. Nothing herein contained 
shall affect any existing contracts made with or by the department of street 
cleaning in regard to the cleaning of Broadway below Fourteenth street in 
said city or the renewal thereof, if deemed best by the commissioner of S9.id 
departn;ent. Neither the commissioner of street cleaning, nor any deputy 
commissioner of street cleaning, nor any member of the uniformed force of 
the street cleaning department, shall be permitted to contribute any mon- 
eys, directly or indirectly, to any political fund, or intended to affect legisla- 
tion for or on behalf of the street cleaning department or any member 
thereof. 

PROHIBITING THE SUBLETTING OF FTTBLIC CONTRACTS. 

General Municipal Law, Chapter 24 of the Consolidated Laws. 
(See also § 43 of State Finance Law, eh. 56 of the Consglidated Laws. ) 

§ 86. Contractors not to assign contracts with municipality without its 
consent. — A clause shall be inserted in all specifications or contracts here- 
after made or awarded by any municipal corporation, or any public depart- 
ment or official thereof, prohibiting any contractor, to whom any contract 
shall be let, granted or awarded, as required by law, from assigning, trans- 
ferring, conveying, subletting or otherwise disposing of the same, or of his 
right, title or interest therein, or his power to execute such contract to any 
other person, company or corporation, without the previous consent in writ- 
ing of the department or ofificial awarding the same. 

If any contractor, to whom any contract is hereafter let, granted or 
awarded, as required by law, by any municipal corporation in the state, or 
by any public department or official thereof, shall, without the previous 
written consent specified in the first paragraph of this section, assign, trans- 
fer^ convey, sublet, or otherwise dispose of the same, or his right, title or 
interest therein, or his power to execute such contract, to any other person, 
company or other corporation, the municipal corporation, public department, 
or official as the case may be, which let, made, granted or awarded said con- 
tract shall revoke and annul such contract, and the municipal corporation, 
public department or officer, as the case may be, shall be relieved and dis- 
charged from any and all liability and obligations growing out of said con- 
tract to such contractor, and to the person, company, or corporation to whom 
he shall assign, transfer, convey, sublet or otherwise dispose of the sanie, 
and said contractor, and his assignee, truiisferee, or sub-lessee, shall forfeit 
and lose all moneys, theretofore earned under said contract except so much 
as may be required to pay his employees; provided that nothing herein con- 
tained shall be construed to hinder, prevent or affect an assignment by such 
contractor for the benefit of his creditors, made pursuant to the statutes of 
this state. 



250 New York State Department of Labor. 

securing the patment of wages to employees of coktractoes 

ttpon canals. 

» 

Canal Law, Chapter 5 of the Consolidated Laws. 

§ 145. Security for payment of laborers. — The superintendent of public 
works or- assistant superintendent having charge, shall also require and take 
from the contractor, a bond with at least two good and sufficient sureties, 
conditioned that such contractor will well and truly pay in full, at least once 
in each month, all laborers employed by him on the work specified in such 
contract, which shall be duly acknowledged and filed in the office of the 
clerk of the county wherein such contract or w6rk is to be performed, and 
if partly in two or more counties, such bond or a certified copy thereof shall 
be filed in the clerk's office of each comity. 

Actions may be brought for a breach of such bond by any laborer not 
paid in accordance with its terms, and the commencement or maintenance 
of an action by one or more laborers thereon shall not be a bar to the com- 
mencement and maintenance of other actions thereon by other laborers. No 
action shall be maintained against the sureties 'unless brought within thirty 
days after the completion of the labor the. payment of which is secured by 
the bond. 

Laborers are those who perform labor on canals and do not include sub-contra:t- 
ors. (Swift v. J^lngsley, 24 Barb. 541; and see McCluskey v. Cromwell, 11 N. Y 
593.) 

AUTHORIZING THE EIGHT HOUR DAY UPON BESEBVOIB CONSTRUCTION IN 

NEW YORK CITY. 

Laws of 1902, Chapteb 588. 

An Act relative to the powers of the aqueduct commissioners, provided for 
and holding office under and pursuant to the provisions of chapter four 
hundred and ninety of the laws of eighteen hundred and eighty- three, and 
its amendments. 

Section 1. Tlie aqueduct commissioners, provided for and holding office 
under and pursuant to the provisions of an act of the legislature of the 
state of New York, entitled "An act to provide new reservoirs, dams and 
a new aqueduct with the appurtenances thereto, for the purpose of sup- 
plying the city of New York with an increased supply of pure and whole- 
some water," said act being chapter four hundred and ninety of the laws 
of eighteen hundred and eighty-three, and its amendments, are hereby 
authorized and empowered to agree with any person, firm or corporation with 
whom they have contracted or may hereafter contract, upon such terms and 
conditions as shall in their judgment ajid discretion, be for the best interests 
of the city of New York, that eight hours shall constitute a day's work for 
all laborers employed by said person, firm or corporation in the performance 
of his or its contract and that no laborer employed in the performance of any 
such contract shall be required, permitted or allowed to work more than eight 
hours. No agreement made under the provisions of this act shall be valid 
or binding until the same has been approved by the board of estimate and 
apportionment of the city of New York. 



PEISON LABOB.* 

OCCUPATION AND EMPLOYMENT OF CONVICTS. 

Constitution of State of New York, Article III. 

Section 29. The Legislature shall by law provide for the occupation and 
employment of prisoners sentenced to the several State prisons, peniten- 
tiaries, jails and reformatories in the State; and on and after the first day 
of January, in the year one thousand eight hundred and ninety-seVen, no 
person in any such prison, penitentiary, jail or reformatory, shall be re- 
quired or allowed to work while under sentence thereto, at any trade, in- 
dustry or occupation, wherein or whereby his work or the product or profit 
of his work, shall be farmed out, contracted, given or sold to any person, 
firm, association or corporation. This section shall not be construed to pre- 
vent the legislature from providing that convicts may work for, and that 
the products of their labor may be disposed of to, the State or any political 
division thereof, or for or to any piiblic institution owned or managed and 
controlled by the State, or any political division thereof. 

Prison Law, Chapter 43 of the Consolidated Laws. 

ARTICLE 7. 

Prison Liiibor. 

Section 170. Contracts prohibited. 

171. Prisoners to be employed ; products of labor of prisoners. 

172. Labor of prisoners of first grade, how directed. 

173. Labor of prisoners of second grade, how directed. 

174. Labor of prisoners of third grade, how directed. 

175. Prisoners employed for use of state, and divisions thereof. 

176. No printing or photo-engraving to be done by prisoners for use of 

state. 

177. Labor of prisoners in prisons, reformatories and penitentiaries. 

178. I^bor of prisoners in certain Institutions. 

179. Employment of convicts on public highways. 

180. Persons interfering with convicts employed on highways guilty of 

misdemeanor. 

181. Classification of industries ; report as to Industries. 

182. Articles manufactured to be furnished to the state or division thereof. 

183. Estimates of articles required to be furnished commission of prisons 

by officers. 

184. Board of classification ; prices to be fixed. 

185. Earnings of prisoners. 

186. Disposition of fines. 

187. Disposition of moneys paid to prisoner for his labor. 

188. Monthly statement of receipts and expenditures for prison Industries. 

189. Statement of machinery and materials required. 

190. Machinery and materials for prison Industries, how purchased. 

191. Disposition of machinery on discontinuance of industry. 

192. Purchases to be included in estimates. 

193. Deposits by agent and warden In banks. 
104. Violations of prison labor regulations. 

§ 170. Contracts prohibited. — The superintendent of state prisons shall not, 
nor shall any other authority whatsoever, make any contract by which the 

• See also article 13 of the Labor Law, ante. 

[251] 



252 New York State Department of Labor. 

labor or time of any prisoner in any state prison, reformatory, penitentiary 
or jail in this state, or the product or profit of his work, shall be contracted, 
let, farmed out, given or sold to any person, firm, association or corporation; 
except that the convicts in said penal institutions may work for, and the 
products of tlieir labor may be disposed of to, the state or any political, 
division thereof or for or to any public institution owned or managed and 
controlled by the state, or any political division tliereof. 

§ 171. Prisoners to be employed; products of labor of prisoners. — ^The super- 
intendent of state prisons, the superintendents, managers and officials of 
all reformatories and penitentiaries in the state, shall, so far as practicable, 
cause all the prisoners in said institutions, who are physically capable thereof, 
to be employed at hard labor, for not to exceed eight hours of each day, other 
than Sundays and pubUc holidays, but such hard labor shall be either for the 
purpose of production of supplies for said institutions, or for the state, or 
any political division thereof, or for any public institution owned or managed 
and controlled by the state, or any political division thereof; or for the pur- 
pose of industrial training and instruction, or partly for one, and partly for 
the other of such purposes. 

§ 172. Labor of prisoners of first grade, how directed. — The labor of the 
prisoners of the first grade in each of said prisons, reforraatoiies and peni- 
tentiaries, shall be directed with reference to fitting the prisorer to maintain 
himself by honest industry aft^r his discharge from imprisonment, as the 
primary or sole object of such labor, and such prisoners of the first grade 
may be so employed at hard labor for industrial training and instruction 
solely, even though no useful or salable products result from their labor, but 
only in case such industrial training or instruction can be more effectively 
given in such manner. , Otherwise, and so far as is consistent with the 
primary object of the labor of prisoners of the first grade as aforesaid, the 
labor of such prisoners shall be so directed as to produce the greatr^st amount 
of useful products, articles and supplies needed and used in the said institu- 
tions, and in the buildings and offices of the state, or those of any political 
division thereof, or in any public institution owned or managed and controlled 
by the state or any political division thereof, or said labor may be for the 
state, or any political division thereof. 

§ 173. Labor of prisoners of second grade, how directed. — The labor of 
prisoners of the second grade in said prisons^ reformatories and penitentiaries 
shall be directed primarily to labor for the state or any political division 
thereof, or to the production and manufacture of useful articles and supplies 
for said institutions, or for any public institution owned or managed and 
controlled by the state, or any political division thereof. 

§ 174. Labor of prisoners of third grade, how directed. — The labor of 
prisoners of the third grade shall be directed to such exercise as shall tend to 
the preservation of health, or they shall be employed in labor for the state, 
or a political division thereof, or in the manufacture of such useful articles 
and supplies as are needed and used in the said institutions, and in the 
public institutions owned or managed and controlled by the state, or any 
political division thereof. 

§ 175. Prisoners employed for use of state, and divisions thereof. — All con- 
victs sentenced to state prisons, reformatories and penitentiaries in the state, 
shall be employed for the state, or a political division thereof, or in productive 
industries for the benefit of the state, or the political divisions thereof, or for 



Report of the CoMMissiOiirER or Labor, IMO. 253 

the use of public institutions owned or managed and controlled by the state, 
or the political divisions thereof, which shall be under rules and regulations 
for the distribution and diversification thereof, to be established by the state 
commission of prisons. 

§ 176. No printing* or photo-engraving to be done by prisoners for use of 
state. — No printing or photo-engraving shall be done in any state prison, 
penitentiary or reformatory for the state or any political division thereof, or 
for any public institution owned or managed and controlled by th6 state or 
any such political division, except such printing as may be required for or 
used in the penal and state charitable institutions, and the reports of the 
state commission of prisons and the superintendent of prisons, and all printing 
required in their offices. 

§ 177. Labor of prisoners in prisons, reformatories and penitentiaries. — 
The labor of the convicts in the state prisons and reformatories in the state, 
after the necessary labor for nnd manufacture of all needed supplies, for said 
institutions, shall be primarily devoted to the state and the public buildings 
and institutions thereof, and the manufacture of supplies for the state, and 
public institutions thereof, and secondly to the political divisions of the state, 
and public institutions thereof; and the labor of the convicts in the peni- 
tentiaries, after the necessary labor for and manufacture of all needed supplies 
for the same, shall be primarily devoted to the counties, respectively, in 
which said penitentiaries are located, and the towns, cities and villages therein, 
and to the manufacture of supplies for the public institutions of the counties, 
or the political divisions thereof, and secondly to the state and the public 
institutions thereof. 

§ 178. Labor of prisoners in certain institutions. — The state board of 
managers of reformatories, and the managing authorities of nil the peniten- 
tiaries or other penal institutions in this state, are hereby authorized and 
directed to conduct the labor of prisoners therein, respectively, in like manner 
and under like restrictions, as labor is authorized by sections one hundred and 
seventy and one hundred and seventy-one of this article, to be conducted in 
state prisons. 

§ 179. Employment of convicts on public highways. — The superintendent 
of state prisons may employ or cause to be employed, not to exceed three 
hundred of the convicts confined in each state prison in the improvement of 
the public highways, wifeliin a. radius of t'lirty miles from such prison and 
outside of an incorporated city or village. 

The agent and warden of each prison may m.ake such rules as he may 
deem necessary for the proper care of such prisoners while so employed, subject 
to the approval of the superintendent of state prisons. 

The agent and warden of each prison may designate, subject to the approval 
of the superintendent of state prisons, the highways and portions thereof upon 
which such labor shall be employed; and such portions so designated and 
approved shall be under his control during the time such improvements are 
in progress, and the state engineer and surveyor shall fix the grade and width 
of the roadway of such highways and direct the manner in which the work 
shall be done. 

The superintendent of state prisons is hereby authorized to purchase any 
machinery, tools and materials necessary in such employment. 

§ 182. Articles manufactured to be furnished to the state or division 
thereof. — The superintendent of state prisons, and the superintendents of 



264 New York State Department of Labor. 

reformatories and penitentiaries, respectively, are authorized and directed to 
cause to be manufactured by the convicts in the prisons, reformatories and 
penitentiaries, such articles as are needed and used therein, and also such as 
are required by the state or political divisions thereof, and in the buildings, 
offices and public institutions owned or managed anct controlled by the state, 
including articles and materials to be used in the erection of the buildings. 
All such articles manufactured in the state prisons, reformatories and peni- 
tentiaries, and not required for use therein, shall be of the styles, patterns, 
designs and qualities fixed by the board of classification, and may be furnished 
to the state, or to any political division thereof, or for or to any public 
institution owned or managed and controlled by the state, or any political 
division thereof, at and for such prices as shall be fixed and determined as 
hereinafter provided, upon the requisitions of the proper officials, trustees or 
managers thereof. No article so manufactured shall be purchased from any 
other source, for* the state or public institutions of the state, or the political 
divisions thereof, unless said state commission of prisons shall certify that 
the same can not be furnished upon such requisition, and no claim therefor 
shall be audited or paid without such certificate. 

§ 183. Estimates of articles required to be furnished commission of prisons 
by officers. — On or before October- first in each year, the proper officials 
of the state, and the political divisions thereof, and of the institutions of the 
state, or political divisions thereof, shall report to the said commission of 
prisons estimates for the ensuing year of the amount of supplies of difiTerent 
kinds required to be purchased by them that can be furnished by the penal 
institutions in the state. The said commission is authorized to make regula- 
tions for said reports, to provide for the manner in which requisitions shall 
be made for supplies, and to provide for the proper diversification of the 
industries in said penal institutions. 

§ 184. Board of classification; prices to be fixed. — The fiscal supervisor of 
state charities, the state commission of prisons, and the superintendent of 
state prisons and the lunacy commission are hereby constituted a board 
to be known as the board of classification. Said board shall fix and determine 
the prices at which all labor performed, and all articles manufactured in 
the charitable institutions managed and controlled by the state and in the 
penal institutions in this state, and furnished to the state, or the political 
divisions thereof, or to the public institutions thereof, shall be furnished, 
which prices shall be uniform to all, except that the prices for goods or 
labor furnished by the penitentiaries to or for the county in which they 
are located, or the political divisions thereof, shall be fixed by the board 
of supervisors of such counties, except New York and Kings counties, in 
which the prices shall be fixed by the commissioners of charities and correc- 
tion, respectively. The prices shall be as near the usual market price for 
such labor and supplies as possible. The state commission of prisons shall 
devise and furnish to all such institutions a proper form for such requisition, 
and the comptroller shall devise and furnish a proper system of accounts 
to be kept for all such transactions. It shall also be the duty of the 
board of classification to classify the buildings, offices and institutions 
owned or managed and controlled by the state, and it shall fix and determine 
the styles, patterns, designs and qualities of the articles to be manufactured 
for such buildings, offices and public institutions, in the charitable and penal 



Report of The Commissioj^er of Laboe, 1910. 255 

institutions in this state. So far as practicable^ all supplies used in such 
buildings, offices and public institutions shall be uniform for each class, 
and of the styles, patterns, designs and qualities that can be manufactured 
in tlie penal institutions in this state. 

§ 185. Earnings of prisoners. — Every prisoner confined in the state prisons, 
reformatories and penitentiaries^ who shall become entitled to a diminution 
of his term of sentence by good conduct, may, in the discretion of the agent 
and warden, or of the superintendent of the reformatory, or superintendent 
of the penitentiary, receive compensation from the earnings of the prison 
or reformatory or penitentiary in which he is confined, such compensation 
to be graded by the agent and warden of the prison for the prisoners 
therein, and tlie superintendent Of the reformatory and penitentiary for 
the prisoners therein, for the time such prisoner may work, but in no 
case shall the compensation allowed to such convicts exceed in amount ten 
percentum of the earnings of the prison or reformatory or penitentiary in 
which they are confined. The difference in the rate of compensation shall 
be based both on the pecuniary value of the work performed, ^nd also on 
the willingness, industry and^good conduct of such prisoner; provided, that 
whenever any prisoner shall forfeit his good time for misconduct or violation 
of the rules or regulations of the prison, reformatory or penitentiary, he 
shall forfeit out of the compensation allowed under this section fifty cents 
for each day of good time so forfeited; and provided, that prisoners serving 
life sentences shall be entitled to the benefit of this section when their 
conduct is such as would entitle other prisoners to a diminution of sentence, 
subject to forfeiture of good time for misconduct as herein provided. The 
agent and warden of each prison, or the superintendent of the reformatory 
or superintendent of the penitentiary may institute and maintain a uniform 
system of fines, to be imposed at his discretion, in place of his other pen- 
alties and punishments, to be deducted from such compensation standing to 
the credit of any prisoner, for misconduct by such prisoner. 

EMPLOYMENT OF PRISONERS IN COUNTY JAILS. 

The County Law, Chapter 10 of the Consolidated Laws. 
§ 93. Food and labor. — Prisoners detained for trial, and those under sen- 
tence, shall be provided with a sufficient quantity of plain but wholesome 
food, at the expense ot the county; but prisoners detained for trial may, at 
their own expense, and under the direction of the keeper, be supplied with 
any other proper articles of food. Such keeper shall cause each prisoner 
committed to his jail for imprisonment under sentence, to be constantly em- 
ployed at hard labor when practicable, during every day, except Sunday, and 
the board of supervisors of the county, or judge of the county, mjiy prescribe 
the kind of labor at which such prisoner shall be employed; and the keeper 
shall account, at least annually, with the board of supervisors of the county, 
for the proceeds of such labor. Such keeper may, with the consent of the 
board of supervisors of the county, or the county judge, from time to time, 
cause such of the convicts under his charge as are capable of hard labor, to 
be employed outside of the jail in the same, or in an adjoining county, upon 
such terms as may be agreed upon between the keepers and the officers, or 
persons, under whose direction such convicts shall be placed, subject to such 
regulations as the board or judge may prescribe; and the board of supervisors 
of the several counties are authorized to employ convicts under sentence to 



256 Kew York State Department of LABOt?. 

« 

confinement in the county jails^ in building and repairing penal institutions 
of the county and in building and repairing the highways, in their respective 
counties or in preparing the materials for such highways for sale to and 
for the use of such counties or towns, villages, and cities therein; and to 
make rules and regulations for their employment; and the said board of 
supervisors are hereby authorized to cause money to be raised by taxation 
for the purpose of furnishing materials and carrying this provision into 
effect; and the courts of this State are hereby authorized to sentence con- 
victs committed to detention in the county jails to such hard labor as may be 
provided for them by the boards of supervisors. 

EUFLOTMENT OF PRISONERS IN NEW YORK CITT PENAL INSTITITTIONS. 

Laws of 1901, Chapter 466 (The New Yobk City Chabteb). 

§ 700. Employment of inmates; articles manufactured; cultivation of lands. 
— Every inmate of an institution under the charge of the commissioner, whose 
age and health will permit, shall be employed in quarrying or cutting stone, 
or in cultivating land under the control of the commissioner, or in manufac- 
turing such articles as may be required for ordinary use in the institutions 
under the control of the commissioner, or for the use of any department of 
The City of New York, or in preparing and building sea walls upon islands 
or other places belonging to The City of New York upon which public insti- 
tutions now are or may hereafter be erected, or in public works carried on by 
any department of the city, or at such mechanical or other labor as shall be 
foimd from experience to be suited to the capacity of the individual. The 
articles raised or manufactured by such labor shall be subject to the order 
of and shall be placed under the control of the commissioner, and shall be 
utilized in the institutions under his charge or in some other department of 
the city. All the lands undeir the jurisdiction of the commissioner not other- 
wise occupied or utilized, and which are capable of cultivation shall in the 
discretion of the commissioner be used for agricultural purposes. 

§ 701. Detail of inmates to work in other departments. — At the request 
of any of the heads of the administrative departments of The City of 
New York (who are hereby empowered to make such request) the com- 
missioner of correction may detail and designate any inmate or inmates of 
any of the institutions in the department of correction to perform work, 
labor and services in and upon the grounds and building or in and upon 
any public work or improvement under the charge of such other depart- 
ment. And such inmates when so employed shall at all times be under the 
personal oversight and direction of a keeper or keepers from the department 
of correction, but no inmate of any correctional institution shall be em- 
ployed in any ward of any hospital except hospitals in penal institutions, 
while such ward is being used for hospital purposes. The provisions of 
this act or of law requiring advertisement for bids or proposals, or the 
awarding of contracts, for work to be done or supplies to be furnished for 
any of said departments shall not be applicable to public work which may 
be done or to the supplies which may be furnished imder the provisions of the 
prison law« 

S 702. Hours of labor; discipline.— The hours of labor required of any in- 
mate of any institution under the charge of the commissioner shall be fixed by 
the commissioner. ••♦•••••••* 



AGBICTTLTUIIAI lABOB. 

The Agbicultubal Law« Ghapteb 9 of the Consolidated Laws. 

ARTICLE 12. 

▲arrlciatiijMil Statljittofl. 

Section 280. Collection and dissemination of statistics. 
281. Information to be furnished by supervisors. 

§ 280. Collection and dissemination of statistics. — The commissioner 
of agriculture may collect and disseminate such information relatiVjB to agri- 
culture, and agricultural labor within the state, as he may deem wise for the 
purpose of promoting agricultural production within this state. 

S 281. Information to be furnished by supervisors. — Supervisors of the 
different towns and wards in this state shall furnish to the .commissioner of 
agriculture upon request from him, upon blanks to be furnished by the said 
commissioner, such information as may be in their possession or may be 
obtained by them relative to. agriculture; agricultural production and agri- 
cultural labor within their respective towns or wards. Such information shall 
be furnished to said commissioner within thirfy days from the time it is 
asked for. The expense incurred by the several supervisors in furnishing such 
information shall be a town charge to be paid in the manner now provided by 
law for the payment of services and disbursements by such supervisor. 

[267] 



sahwat iabob. 

[SeeZaUo Duties and Liabilities of Emplotebs,^ Etc. and sections 6, 7 and 8 of the 

Labor Law.] 
THE SATETT OF BAILWAY EXPLOTEES. 

The Railroad Law, •Chapter 49' of the Oonsoltoated Lawb. 
§ 71. Duties imposed. — It shall be the duty of every railroad corporation 
operating its road by steam: 

1. To lay, in the construction of new and in the renewal of existing 
switches, upon freight or passenger main line tracks, switches on the prin* 
ciple of either the so-called Tyler, Wharton, Lorenz, or split-point switch, 
or some other kind of safety switch, which shall prevent the derailment 
of a train, when such switch is misplaced or a switch interlocked with 
distant signals. 

2. To etect and thereafter maintain such suitable warning signals at 
every road, bridge, or structure which crosses the railroad above the tracks, 
where such warning signals may be necessary, for the protection of em- 
ployees on top of cars from injury. 

3. To use upon every new freight car built or purchased for use, couplers 
which can be coupled and uncoupled automatically, without the necessity 
of having a person guide the link, lift the pin by hand, or go between the 
ends of the cars. 

4. To attach to every car used for passenger transportation an automatic 
air-brake or other form of safety- power brake, applied from the locomotive, 
excepting cars attached to freight trains, the schedule rate of speed of 

which does not exceed twenty miles an hour. 

* * • • ** « * • • 

Every corporation, person or persons, operating such railroad, and violat- 
ing any of the provisions of this section, except subdivision six, shall be 
liable to a penalty of one hundred dollars for each offense, and the further 
penalty of ten dollars for each day that it shall omit or neglect to comply 
with any of such provisions. For every violation of the . provisions of the 
sixth subdivision of this section every such corporation shall be liable to a 
penalty of twenty-five dollars for each offense. 

§ 72. Inspection of locomotive boilers. — It shall be the duty of every rail- 
road corporation operated by steam power, within this state, and of the 
directors, managers or superintendents of such railroad to cause thorough 
inspections to be made of the boilers and their appurtenances of all the 
steam locomotives which shall be used by such corporation or corporations, 
on said railroads. Said inspections shall be made, at least every three 
months imder the direction and superintendence of said corporations, or the 
directors, managers or superintendents thereof, by persoi^s of suitable 
qualifications and attainments to perform the services required of inspectors 
of boilers, and who from their knowledge of the construction and use of 
boilers and the appurtenances therewith connected, are able to form a 
reliable opinion of the strength, form, workmanship and suitableness of 
boilers, to be employed without hazard of life, from imperfections in ma- 
terial, workmanship or arrangement of any part of such boiler and appur- 

[268] 



Eepobt of the Commissioneb of Labor, 1910. 359 

tenances. All such boilers so used shall comply with the following require- 
ments: The boilers must be made of good and suitable materials; the 
openings for the passage of water and steam respectively, and all pipes 
and tubes exposed to heat shall be of proper dimensions; the safety valves, 
fusible plugs, low water glass * indicater, guage cocks and steam gauges, 
shall be of such construction, condition and arrangement that the same may 
be safely employed in the active service of the railroad corporation with- 
out peril to life; and each inspector shall satisfy himself by thorough ex- 
amination that said requirements have been fully complied with. No boiler, 
nor any connection therewith shall be approved which is unsafe in its form, 
or dangerous from defects, workmanship or other cause. The person or per- 
sons who shall make the said inspections if he or they approve of the boiler 
or boilers and the appurtenances throughout, shall make and subscribe his 
or their name to a written or printed certificate which shall contain 
the number of each boiler inspected, the date of its- inspection, the condi- 
tion of the boiler inspected, and such details as may be required by the 
forms and regulations which shall be prescribed by the public service com- 
mission. Every certificate shall be verified by the oath of the inspector, 
and he shall cause such certificate or certificates to be filed in the office of 
the public service commission, within ten days after each inspection shall 
have been made, and also a copy thereof with the chief operating officer 
or employee of such railroad having charge of the operation of such loco- 
motive boiler; a copy shall also be placed by such officer or employee in a 
conspicuous place in the cab connected with the locomotive boiler inspected, 
and there kept framed under glass. The public service commission shall 
have power, from time to time, to formulate rules and regulations for the 
inspection and testing of boilers as aforesaid, and may require the removal 
of incompetent inspectors of boilers under the provisions of this section. 
Copies of such rules and regulations shall be mailed to every corporation 
operating a railroad by steam in this state. If it shall be ascertained, by 
such inspection and test or otherwise, that any locomotive boiler is unsafe 
for use, the same shall not again be used until it shall be repaired, and 
made safe, so as to comply with the requirements of this section. Every 
corporation, director, manager or superintendent operating such railroad and 
violating any of the provisions of this section shall be liable to a penalty, 
to be paid to the people of the state of New York, of one hundred dollars 
for each offense, and the further penalty of one hundred dollars for each 
day it or he shall omit or neglect to comply with said provisions, and the 
making or filing of a false certificate shall be a misdemeanor, and every 
inspector who wilfully certifies falsely touching any steam boiler, or any 
appurtenance thereto belonging, or any matter or thing contained or re- 
quired to be contained in any certificate, signed and sworn to by him, shall 
be guilty of a misdemeanor. Any person, upon application to the secretary 
of said commission and on the payment of such reasonable fee as said com- 
mission may by rule fix, shall be furnished with a copy of any such cer- 
tificate. The public service commission shall enforce the provisions of this 
section as to penalties. 

* So in orl^naL 



260 New YoKJt State Depaetment of Labor. 

S 73. state inspector of locomotive boilers. — The office of state inspector 
of locomotive boilers is continued. Said inspector shall be appointed by the 
public service commissions and shall receive a compensation to be fixed by 
the commission, not exceeding three thousand dollars per year. He shall, 
imder the direction of the commission, inspect boilers or locomotives used 
by railroad corporations operating steam railroads within the state, and 
may cause the same to be tested by hydrostatic test and shall perform 
such other duties in connection' with the inspection and test of locomotive 
boilers as the commission shall direct. But this section shall not relieve 
any railroad corporation from the duties imposed by the preceding section. 

f 74. Care of steam locomotives; steam and water cocks; penalty. — ^It 
shall be the duty of every corporation operating a steam railroad, within 
this state, and of its directors, managers or superintendents, to cause the 
boiler of every locomotive used on such railroad to be washed out as often 
as once every thirty days, and to equip each boiler with and maintain 
thereon at all times, a water glass, showing the height of water in the 
boiler, having two valves or shut-off cocks, one at each end of such glass, 
which valves or shut- off cocks shall be so constructed that they can be 
easily opened and closed by hand; also to cause such valves or shut-off 
cocks and' all gauge cocks or try-cocks attached to the boiler to be removed 
and cleaned whenever the boiler is washed out pursuant to the foregoing 
requirements of this section; also to keep all steam valves, cocks and joints, 
studs, bolts and seams in such repair that they will not at any time emit 
steam in front of the engineer, so as to obscure his vision. No locomotive 
shall hereafter be driven in this state unless the same is equipped and cared 
for in conformity with the provisions of this section; but nothing herein 
contained ehall be construed to excuse the observance of any other require- 
ment imposed by this chapter upon railroad corporations, their directors, 
officers, managers and superintendents. Every corporation, person or per- 
sons operating a steam railroad and violating any of the provisions of this 
section, shall be liable to a penalty of one hundred dollars for each offense, 
and the further penalty of ten dollars for each day that such violation 
shall continue. The public service commission shall enforce the provisions of 
this section. 

§ 75. Public service commission may approve other safeguards. — The pub- 
lic service commission may, on the application of any railroad corporation, 
authorize it to use any other safeguard or device approved by the com- 
mission, in place of any safeguard or device hereinbefore required by this 
article, which shall thereafter be used in lieu thereof, and the same penalties 
for neglect or refusal to use the same shall be incurred and imposed as for 
a failure to use the safeguard or device hereinbefore required, in lieu of 

which the same is to be used. 

• « • •,• * • • • 

I 77. JSquipment of engines. — It shall be unlawful for any railroad com- 
pany to use within the state on its line or lines any locomotive engine not 
equipped with a power driving wheel brake and appliances for operating 
the train brake system. 

I 78. Coal jimmies. — The use of cars known and designated as ''coal 
jimmies" in any form and the use of any car as a caboose unless it shall 



Eeport of the Commissioner of Labob^ I&IO. 261 

have a suitable and safe platform at each end thereof, and the usual railing 
for the protection of persons using such platform, shall be unlawful within 
the state, except upon any railroad whose main line is less than fifteen 
miles in length and whose average grade exceeds two hundred feet to the 
mile. This section shall not be construed to authorize the interchange of 
such " coal jimmies " with, and the use thereof upon, railroads of more 
than fifteen miles in length or whose average grade is less than two hun- 
dred feet to the mile. 

§ 79. . Air-brakes. — It shall be unlawful for any railroad or other company 
to haul or permit to be hauled or used on its line or lines within this state 
any freight train that has not a sufficient number of cars in it so equipped 
with continuous power or air-brakes that the engineer on the locomotive 
drawing such train can control its speed without requiring brakemen to 
use the common hand brake for that purpose. 

§ 80. Couplers. — It shall be unlawful for any railroad or other company 
to haul, or permit to be hauled or used, on its line or lines within the 
state, any freight car not equipped with couplers of the master car builders' 
type, and coupling automatically by impact, and which can be iincoupled, 
except in cases of accident, without the necessity of men going between the 
ends of the cars. 

§ 81. Violation of four preceding sections. — Any railroad or other company 
hauling or permitting to be hauled on its line or lines any train in viola- 
tion of any of the provisions of the preceding four sections shall be liable 
to a penalty of one hundred dollars for each and every violation, to be 
recovered in an action to be brought by the public service commission in the 
name of the people and in the judicial district wherein the principal office of 
the company within the state is located. 

Penal Law, Chaptek 40 of the Consolidated Laws. 
§ 1988. Guard posts; automatic couplers. — ^AU corporations and persons 
other than employees, operating any steam railroad in this state: 

1. Failing to cause guard posts to be placed in prolongation of the line 
of bridge trusses upon such railroad, sa that in case of derailment, the posts 
and not the trusses shall receive the blow of the derailed locomotive or car; or, 

2. Failing to equip all of their own freight cars, run and used in freight 
or other trains on such railroad, with automatic self-couplers, or running or 
operating on such railroad any freight car belonging to any such person or 
corporation, without having the same equipped, except in case of accident or 
other emergency, with automatic self -couplers, and except within the extended 
time allowed by the public service commission, in pursuance of law, for 
equipping such car with such couplers, is guilty of a nusdemeanor, punishable 
by a fine of five hundred dollars for each offense. 

Public Sebvice Commissions Law, Chapter 48 of the Consolidatbd Laws. 
§ 47. Investigation of accidents. — Each commission shall investigate the 
cause of all accidents on any railroad or street railroad within its district 
which result in loss of life or injury to persons or property, and which in its 
judgment shall require investigation. Every common carrier, railroad cor- 
poration and street railroad corporation is hereby required to give imme- 



262 New Yobk State Depaetment of Labob. 

diate notice to the commission of every accident happening upon any line 
of raih-oad or street railroad owned, operated, controlled or leased by it, 
within the territory over which such commission has jurisdiction in such 
manner as the commission may direct. Such notice shall not be admitted 
as evidence or used for any purpose against such common carrier, railroad 
corporation or street railroad corporation giving such notice in any suit 
or action for damages growing out of any matter mentioned in said notice. 
See also S 66 authorizing the Commissions to order improvements necessary to 
protect persons employed in the manufacture and distribution of gas or electricity. 

ENCLOBITBE OF STREET CAR PLATFORMS. 

The Railroad Law, Chapter 49- of the Consolidated Laws. 

§ 194. Protection of employees. — Every corporation operating a street 
surface railroad in this state, except such as operate a railroad or railroads 
either in the borough of Manhattan or Brooklyn, in the city of New York, 
shall cause the front and rear platforms of every passenger car propelled 
by electricity, cable or compressed air, operated on any division of such rail- 
road which extends in or between towns or outside of city limits, during 
the months of December, January, February and March, except cars attached 
to the rear of other cars, to be inclosed from the fronts of the platforms 
to the fronts of the hoods, so as to afford protection to any person stationed 
by such corporation on such platforms to perform duties in connection with 
the operation of such cars. Every corporation or person using and operating 
a car in violation of this section shall be liable to a penalty of twenty-five 
dollars per day for each car so used and operated, to be collected in an 
action brought by the public service commission and to be paid to the treas- 
urer of the state- of New York, or in a suit by the attorney of the munici- 
pality in which the violation of the provisions of this section occurs, to be 
paid into the treasury of such municipality. 

§ 195. Platforms on new cars, how constructed. — All street surface rail- 
road passenger cars purchased, built or rebuilt after the first day of De- 
cember, nineteen hundred and four, and operated in the state of New York 
on and after said date, except those owned by, any company operating either 
in the borough of Manhattan or Brooklyn, in .the city of New York, shall 
be constructed in accordance with the provisions of the preceding section. 

§ 196. Protection to employees in the counties of Albany and Rensselaer. — 
Every corporation operating a street surface railroad in the counties of 
Albany and Rensselaer shall cause the front and rear platforms of every car 
propelled by electricity, cable or compressed air, during the months of De- 
cember, January, February and March, except cars attached to the rear 
of other cars, to be inclosed from the front and at least one side of the 
platform to the hood; so as to afford protection to any person stationed 
by such corporation on such platforms to perform duties in connection 
with the operation of such cars. Platforms on cars on such street surface 
railroads used more than one mile outside the limits of a city shall be com- 
pletely inclosed from platform to hood. Every corporation using and 
operating a car in violation of this section shall be liable to a penalty of 
twenty-five dollars per day for each car so used and operated, to be col- 
lected by the people to the use of the poor of the county in which such 



Eepoet of the Commissioneb of Labor, 1'910. MS 

corporation has its principal office, in an action brought by the public 
service commission or the district attorney of such county. The supreme 
court may, on the application of a citizen, direct the district attorney to 
bring such action. 

§ 197. Protection of employees in the counties of Kings and Queens. — 
Every corporation operating a street surface railroad in the counties of Kings 
or Queens, shall cause the front and rear platforms of evei^y passenger car 
propelled by electricity, cable or compressed air, operated on any division of 
such railroad during the months of December, January, February and March, 
except cars attached to the rear of other cars, to be inclosed from the fronts 
of the platforms to the fronts of the hoods so as to afford protection to any 
person stationed by su-ch corporation on -such platforms to perform duties 
connected with the operation of such cars. Every corporation or person 
using and operating a car in violation of this section shall be liable to a 
penalty of twenty-five dollars per day for each car used and operated, to 
be collected in an action brought by the public service commission and to 
be paid to the treasurer of the city of New York, or in a suit by the district 
attorney of the counties of Kings or Queens to be paid into the treasury 
of the city of New York. 

aiTALIFIOATIOKS OF EVGIKEERS AND TELE&BAPHERS. 

Penal Law, Chapteb 40 of the Consolidated Laws. 
§ 1982. Person unable to read not to act or be employed as engineer. — ^Any 
person unable to read the time-tables of a railroad and ordinary handwriting, 
who acts as an engineer or runs a locomotive or train on any railroad in this 
state ; or any person who, in his own behalf, or in the behalf of any other per- 
son or corporation, knowingly employs a person so unable to read to act as 
such engineer or to run any such locomotive; or who employs a person as a 
telegraph operator who is imder the age of eighteen years, or who has less 
than one year's experience in telegraphing, to receive or transmit a tele- 
graphic message or train order for the movement of trains, is guilty of a 
misdemeanor. 

aiTALIFICATIONS OF STREET RAILWAY CONDITCTORS, MOTORKEN, ETC. 

The Railroad Law, Chapteb 49 of the Consolidated Laws. 
§ 63. Persons employed as drivers, conductors, motormen or gripmen. — 
Any railroad corporation may employ any inhabitant of the state, of the 
age of twenty-one years, not addicted to the use of intoxicating liquors, as 
a car driver, conductor, motorman or gripman, or in any other capacity, if 
fit and competent therefor. All applicants for positions as motormen or 
gripmen on any street surface railroad in this state shall be subjected to 
a thorough examination by the officers of the corporation as to their habits, 
physical ability and intelligence. If this examination is satisfactory, the 
applicant shall be placed in the shop or power house where he can be made 
familiar with the power and machinery he is about to control. He shall 
then be placed on a car with an instructor, and when the latter is satisfied 
as to the applicant's capability for the position of motorman or gripman, 
he shall so certify to the officers of the company, and, if appointed, the 
applicant shall first serve on the lines of least travel. Any violation of the 
provisions of this section shall be a misdemeanor. 



264 New Yobk State Depaetment of Labor. 

tiXTLOYMEirT OF INTEHTEBATE PEBSOKS OK BAILWAY8 AUTD 

8TEA1CB0AT8. 

Penal Law, Chapter 40 of the Consolidated Laws. 

$ 1913. Emplojniient by oommon carrier ol person addicted to intoxication. 
— Any person or officer of an association or corporation engaged in the busi- 
ness of conveying passengers or property for hire, who shall employ in the 
conduct of such business, as an engineer, fireman, conductor, switch-tender, 
train dispatcher, telegrapher, commander, pilot, mate, fireman or in other 
like capacity, so that by his neglect of duty, the safety and security of life, 
person or property so conveyed might be imperiled, any person who habitually 
indulges in the intemperate use of liquors, after notice that such person has 
been intoxicated, while in the active service of such person, association or 
corporation, shall be guilty of a misdemeanor. 

§ 1984. Intoxication or other misconduct of railroad or steamboat em- 
ployees. — 1. Any person who, being employed upon any railway as engineer, 
conductor, baggagemaster, brakeman, switch- tender, fireman, bridge- tender, 
flagman, signal man, or having charge of stations, starting, regulating or 
running trains upon a railroad, or, being employed as captain, engineer or 
other officer of a vessel propelled by steam, is intoxicated while engaged in 
the discharge of any such duties; or, 

2. An engineer, conductor, brakeman, switch- tender, or other officer, agent 
or employee of any railroad corporation, who wilfully violates or omits his 
duty as such officer, agent or employee, by which human life or safety is 
endangered, the punishment of which is not otherwise prescribed. 

Is guilty of a misdemeanor. '^'i 

See also §§ 322-323 of the Highway Law (ch. 25 of the Consolidated Laws) 
forbidding the employment of persons addicted to drunkenness by owners of public 
carriages. 

MISCONDirCT OF OFFICIALS OK EMPLOYEES ON ELEVATED RAILBOADS. 

Penal Law, Chapter 40 of the Consolidateo Laws. 
§ 1983. Misconduct of officials or employees -on elevated railroads. — Any 
conductor, brakeman, or other agent or employee of an elevated railroad, 
who: 

1. Starts any train or car of such railroad, or gives any signal or order to 
any engineer or other person to start any such train or car, before every 
passenger therein who manifests an intention to depart therefrom by arising, 
or moving toward the exit thereof, has departed therefrom; or before every 
passenger on the platform or station at which the train has stopped, who 
manifests a desir6 to enter the train, has actually boarded, or entered the 
same, unless due notice is given by an authorized employee of such railroad 
tlifat the train is full, and that no more passengers can then be received; or, 

2. Obstructs the lawful ingress or egress of a passenger to or from any 
such car; or, 

3. Opens a platform gate of any such car while the train is in motion, or 
starts such train before such gate is firmly closed, 

Is gtiilty of a misdemeanor. 
Formerly Penal Code, § 419. 



Report of the Commissioner of Labor, 1'910. 265 

WEABIKG OF TTiriFOBMS AND BADGES. 

Penal Law, Chapter 40 of the Consolidated Laws.' 
§ 1989. Inciting railroad employees not to wear uniform; unauthorized 
wearing of uniform. — A person who: 

1. Advises or induces any one, being an officer, agent or employee of a rail- 
way company, to leave the service of such company, because it requires a 
uniform to be worn by such ofl&cer, agent or employee, or to refuse to wear 
such uniform, or any part thereof; or, 

2. Uses any inducement with a person employed by a railway company to 
go into the service or employment of any other railway company, because 
a uniform is required to be worn; or, 

3. Wears the imiform designated by a railway company without authority, 
Is guilty of a misdemeanor. 

Railroad Law, Chapter 49 of the Consolidated Laws. 
§ 65. Conductors and employees must wear badges. — Every conductor 
and employee of a railroad corporation employed on a passenger train, or at 
stations for passengers, shall wear upon his hat or cap a badge, which shall 
indicate his office or employment, and the initial letters of the corporation 
employing him. No conductor or collector without such badge shall demand 
or receive from any passenger any fare or ticket or exercise any of the 
powers of his employment. No officer or employee without such badge 
shall meddle or interfere with any passenger, his baggage or propei ty. 

COKBUCTOES ANB TRAINMEN AS POLIOEXEN. 

' Railroad Law, Chapter 49 of the Consolidated Laws. 
§ 88. When conductors and brakemen may be policemen. — The governor 
may appoint any conductor or brakeman on any train conveying passengers 
on any steam raihoad in this state, a policeman, with all the powers of a 
policeman in cities and villages, for the preservation of order and of the 
public peace, and the arrest of all persons committing offenses upon the 
land or property of the corporation owning or operating such railroad; and 
he may also appoint, on the application of any such corporation, or of any 
steamboat company, such additional policemen, designated by it, as he may 
deem proper, who shall have the same powers. Every such policeman shall 
within fifteen days after receiving his commission, and before entering upon 
the duties of his office, take and subscribe the constitutional oath of office, 
and file it with his commission in the office of the secretary of state. 
Every such policeman shall when on duty wear a metallic shield, with the 
words " railroad police " or " steamboat police " as the case may be, and 
the name of the corporation for which appointed inscribed thereon, which 
shall always be worn in plain view, except when employed as a detective. 
The compensation of every such policeman shall be such as may be ag^reed 
upon between him and the corporation for which he is appointed, and shall 
be paid by the corporation. When any corporation shall no longer require 
the services of any such policeman it may file notice to that effect in the 
office in which notice of his appointment was originally filed, and thereupon 
such appointment shall cease and be at an end. 



^66 Kew York State Dei^ammeitt of Labor* 

pboyidivo for bail of railway employees iv cases of aocideitt. 

Code of Cbiminal Procedure. 
I 554a. Bail of certain railroad employees. — Whenever a person employed 
as an engineer, fireman, motorman, conductor, trainman or otherwise, on a 
train or car of a steam; elevated or street surface railroad, is arrested in 
any city on a criminal charge, arising from an accident in connection with 
the operation of such train or car, resulting in an injury or death to a per- 
son or injury to property, such engineer, fireman, motor man, conductor, 
trainman or other employee, shall be immediately taken before a magistrate, 
if one is accessible, and otherwise, before a captain or sergeant of police, 
or acting sergeant of police, in charge of a police station in such city, and be 
given an opportunity to be admitted to bail. Such bail shall be taken in the 
same manner, so far as practicable, as is provided by section five hundred 
and fifty- four of this code, for the taking of bail in case of misdemeanors by 
a captain or sergeant of police, or acting sergeant of police in a city or vil- 
lage, except that the amount of bail shall be fixed by such officer at not ex- 
ceeding one thousand dollars, and except that the undertaking shall provide 
for the appearance of the defendant before the magistrate, coroner, or other 
officer, who, except for this section, would be authorized to take such bail. 
Such officer may however in his discretion, instead of exacting bail release 
such employee on his own recognizance, conditional for his appearance as 
above provided in case an undertaking is required. [Added hy L, 1903, ch, 
614.] 

TTNCLAIHED ARTICLES FOTTND IK PTTBLIC VEHICLES TO BE SOLD FOR 

BENEFIT OF EMPLOYEES' ASSOCIATION. 

Railroad Law, Chapter 49 of the CoNSOLroATEo Laws. 

§ 199. Sale of unclaimed property.— It shall be the duty of every street 
surface railroad corporation doing business in this state, and of every cor- 
poration engaged in this state in the business of carrying passengers for 
hire in cabs, coaches^ or other similar vehicles or of letting such vehicles for 
hire, or in the business of operating a line of stages or omnibuses, which 
shall have unclaimed property left in its cars, cabs, coaches, stages or other 
similar vehicles, to ascertain if possible, the owner or owners of such prop- 
erty, and to notify such owner or owners of the fact by mail as soon as pos- 
sible, after such property comes into its possession. Every such corporation 
which shall have such property not perishable, in its possession for the period 
of three months, may sell the same at public auction, after giving notice 
to that effect, by one publication, at least ten days prior to the sale, in a 
daily newspaper published in the city or village in which such sale is to take 
place, of the time and place at which such sale will be held, and such sale 
may be adjourned from time to time until all the articles offered for sale 
are sold. All perishable property so left, may be sold by any such corpora- 
tion without notice, as soon as it can be, upon the best terms that can be 
obtained. 

§ 200. Disposition of proceeds.— All moneys arising from the sale of any 
such imclaimed property, after deducting charges for storage and expenses of 
sale, shall be paid by any such corporation to the treasurer of any associa- 
tion, composed of the employees of such corporation, having for its object the 



Report of the Commissioner of Labor, IMO. 267 

pecuniary assistance of its members in case of disability caused by sickness 

or accident, for the use and benefit of such association and its members; and 

where no such association of the employees of any such corporation is in 

existence at the time of any such sale, such moneys shall be paid over to the 

county treasurer of the county or if in a city, to the chief fiscal officer 

thereof, in which such sale took place for the benefit of such city or coimty. 

C/. Railroad Law, § 68, relating to sale of "Unclaimed freight and baggage," 
and General Business Law (eh. 20 of the Consolidated Laws), §§ 207-208, relating 
to sale of unclaimed articles in hotels, for benefit of county poor. 

COMPLAINTS TO PTTBLIC SERVICE COMMISSIONS. 

PuBuc Service Commissions Law, Chapter 4S of the Consolidated Laws. 

§ 45. General powers and duties of commissions in respect to common car* 
Tiers, railroads and street railroads. — * * * 2. Each commission shall 
have the general supervision of all common carriers, railroads, street railroads, 
railroad corporations and street railroad corporations within its jurisdiction 
as hereinbefore defined, and shall have power to and shall examine the same 
and keep informed as to their general condition, their capitalization, their 
franchises and the manner in which their lines and property, owned, leased, 
controlled or operated, are managed, conducted and operated, not only with 
respect to the adequacy, security and accommodation afforded by their service, 
but also with respect to their compliance with all provisions of law, orders 
of the commission and charter requirements. Each commission shall have 
power, either through its members or responsible engineers or inspectors duly 
authorized by it, to enter in or upon and to inspect the property, equipment, 
buildings, plants, factories, power-houses and offices of any of such corpora- 
tions or persons, including the right for such inspection purpose to ride upon 
any freight locomotive or train or any passenger locomotive or train while 
in service; and to have upon reasonable notice the use of an inspection loco- 
motive or special locomotive and inspection car for a physical inspection once 
annually of all the lines and stations of each common carrier under its super- 
vision; and to the extent that such facilities for inspection involve transpor- 
tation each commissioner and each such employee shall pay the published 
one-way fare established by the common carrier for the transportation of 
persons by regular passenger trains over the distance covered by such in- 
spection. The cost of such transportation, if the commission so elects, may 
be paid upon bill rendered to the commission after the transportation has 
been furnished and the amount thereof ascertained. 

3. Each commission and each commissioner shall have power to examine 
all books, contracts, records, documents and papers of any person or cor- 
poration- subject to its supervision, and by subpoena duces tecum to compel 
production thereof. In lieu of requiring production of originals by subpoena 
duces tecum, the commission or any commissioner* may require sworn copies 
of any such books, records, contracts, documents and papers or parts thereof 

to be filed with it. 

« « « * • * * • *• 

§ 48. Investigations by commission. — 1. Each commission may, of its own 
motion, investigate or make inquiry, in a manner to be determined by it, 
as to any act or thing done or omitted to be done by any common carrier, 



368 New York State Department of Labor. 

railroad corporation or street railroad corporation, subject to its supervision, 
and the commission must make such inquiry in regard to any act or thing 
done or omitted to be done by any such common carrier, railroad corpora- 
tion or street railroad corporation in violation of any provision of law or in 
violation of any order of the commission. 

2. Complaints may be made to the proper commission by any person or 
corporation aggrieved, by petition or complaint in writing setting forth any 
thing or act done or omitted to be done by any common carrier, railroad cor- 
poration or street railroad corporation in violation, or claimed to .be in vio- 
lation, of any provision of law or of the terms and conditions of its franchise 
or charter or of any order of the commission. Upon the presentation of such 
a complaint the commission shall cause a copy thereof to be forwarded to 
the person or corporation complained of, which may be accompanied by an 
order, directed to such person or corporation, requiring that the matters 
complained of be satisfied, or that the charges be answered in writing within 
a time to be specified by the commission. If the person pr corporation com- 
plained of shall make reparation for any injury alleged and shall cease to 
commit, or to permit, the viols^^ion of law, franchise or order charged in the 
complaint, and shall notify the commission of that fact before the time al- 
lowed for answer, the commission need take no further action upon the 
charges. If, however, the charges contained in such petition be not thus sat- 
isfied, and it shall appear to the commission that there are reasonable 
grounds therefor, it shall investigate such charges in such manner and by 
such means as it shall deem proper, and take such action within its powers 
as the facts justify. 

3. Whenever either commission shall investigate any matter complained 
of by any person or corporation aggrieved by any act or omission of a com- 
mon carrier, railroad corporation or street railroad corporation under this 
section it shall be its duty to make and file an order either dismissing the 
petition or complaint or directing the common carrier, railroad corporation 
or street railroad corporation complained of to- satisfy the cause of complaint 
in whole or to the extent which the commission may specify and require. 



INSUSTBIAL EDUCATIQir. 

THE AFP&EKTICE SYSTEM. 

[Apprenticeship is regulated by Article VIII of the Domestic Relations Law 
(printed below), which is enforced by the Commissioner of Labor (see ( 67 of the 
Labor Law, ante). The Penal Law makes it a misdemeanor to take an apprentice 
without the consent of the parent or guardian (S 1275» 8, ante), and the Code of 
Criminal Procedure (Title IX of Part VI) prescribes the proceedings respecting 
masters, apprentices and servants.] 

Domestic Relations Law. Chafteb 14 of the Consolidated Laws. 

AATICIiS 8. 
Apprentices and Servants. 

Section 120. Definitions ; effect of article. 

121. Contents of indenture. 

122. Indenture by minor; by whom signed. 

123. Indenture by poor officers; by whom signed. 

124. Binding out children by charitable corporation ; indenture ; by whom 

signed. 

125. Penalty for failure of master or employer to perform proTisions of 

indenture. 

126. Assignment of indenture on death of master or employer. 

127. Contract with apprentice in restraint of trade Yoid. 

§ 120. Definitions; effect of article. — The instrument whereby a minor is 
bound out to serve as a clerk or servant in any trade, profession or employ- 
ment, or is apprenticed to learn the art or mystery of any trade or craft, 
is an indenture. 

Every indenture made in pursuance of the laws repealed by this chapter 
shall be valid hereunder, but hereafter a minor shall not be bound out or 
apprenticed except in pursuance of this article. 

§ 121. Contents of indenture. — Every indenture must contain: 

1. The names of the parties; 

2. The age of the minor as nearly as can be ascertained, which age on the 
filing of the indenture shall be taken prima facie to be the true age; 

3. A statement of the nature of the service or employment to which the 
minor is bound or apprenticed; 

4. The term of service or apprenticeship, stating the beginning and' end 
thereof ; 

5. An agreement that the minor will not leave his master or employer dur- 
ing the term for which he is indentured; 

6. An agreement that suitable and proper board, lodging and medical attend- 
ance for the minor during the continuance of the term shall be provided, 
either by the master or employer, or by the parent or guardian of the appren- 
tice; 

7. A statement of every sum of money paid or agreed to be paid in rela- 
tion to the service; 

8. If such minor is bound as an apprentice to learn the art or mystery of 
any trade or craft, an agreement on the part of the employer to teach, or 
cause to be carefully and skillfully taught » to such apprentice, every branch 
of the business to which such apprentice is indentured, and that at the ex- 

[269] 



S70 New York State Depaetment of Labor. 

piration of such apprenticeship he will give to such apprentice a certificate, 
in writing, that such apprentice has served at such trade or craft a full term 
of apprenticeship specified in such indenture; 

9. If a minor is indentured by the poor officers of a county, city of town, 
or by the authorities of an orphan asylum, penal or charitable institution, an 
agreement that the master or employer will cause such child to be instructed 
in reading, writing and the general rules of arithmetic, and that at the ex- 
piration of the term of service he will give to such minor a new bible. 

Every such indenture shall be filed in the office of the county clerk of the 
county where the master or employer resides. 

§ 122. Indenture by minor; by whom signed. — ^Any minor may, by the 
execution of the indenture provided by this article, bind himself or herself: 

1. As an apprentice to learn the art or mystery of any trade or craft for a 
term of not less than three nor more than five years; 

2. As a servant or clerk in any profession, trade or employment for a term 
of service not longer than the minority of such minor, unless such indenture 
be made by a minor coming from a foreign country, for the purpose of pay- 
ing his passage, when suich indenture may be made for a term of one year 
although such term may extend beyond the time when such person will be 
of full age. 

An indenture made in pursuance of this section must be signed, 

1. By the minor; 

2. By the father of the minor unless he is legally incapable of giving 
consent or has abandoned his family; 

3. By the mother of the minor unless she is legally incapable of giving 
consent; 

4. By the guardian of the person of the minor, if any; 

6. If there be neither parents nor guardian of the minor legally capable 
of giving consent, by the county judge of the county, or a justice of the 
supreme court of the district, in which the minor resides; whose consent 
shall be necessary to the binding out or apprenticing in pursuance of this 
section of a minor coming from a foreign country or of the child of an Indian 
woman, in addition to the other consents herein provided; 

6. By the master or employer. 

§ 123. Indenture by poor officers; by whom signed. — The poor officers of a 
municipal corporation may, by an execution of the indenture provided by 
this article, bind out or apprentice any minor whose support shall become 
chargeable to such municipal corporation. 

In such case the indenture shall be signed, 

1. By the officer or officers binding out or apprenticing the minor; 

2. By the master or employer; 

3. By the county judge of the county, if the support of such child was 
chargeable to the county, by two justices of the peace, if chargeable to the 
town, or by the mayor and aldermen or any two .of them, if chargeable to 
the city. 

The poor officers by whom a child is indentured and their successors in 
office shall be guardians of every such child and shall inquire into the treat- 
ment thereof, and redress any grievance as provided by law. 

§ 124. Binding out children by charitable corporation; indenture; by 



Rbpobt of the Commissioner of Labob, 1910. 271 

whom signed. — An orphan asylum or charitable institution, incorporated for 
the care of orphans, friendless or destitute children, may bind out as an ap- 
prentice, clerk or servant, an indigent or poor child by an indenture in writ- 
ing. Such child must have been absolutely surrendered to the care and cus- 
tody of such asylum or institution in pursuance of this chapter, or have 
been placed therein as a poor person, as provided in section fifty-six of the 
poor law, or have been left to the care of such asylum or institution with no 
provision by the parent, relative or legal guardian of such child, for its sup- 
port, for a period of one year then next preceding. Such indenture shall 
bind such child, if a male, for a period which shall not extend beyond his 
twenty-first year, and if a female, for a period which shall not extend beyond 
her eighteenth year. Every such child shall, when practicable, be boimd out 
or apprenticed to persons of the same religious faith as the parents of such 
child. The indenture shall in such case be signed: 

1. In the corporate name of such institution by the officer or officers thereof 
authorized by the directors to sign the corporate name to such instrument, 
and shall be sealed with the corporate seal; 

2. By the master or employer. 

iSuch indenture may also be signed by the child, if over twelve years of age. 

§ 125. Penalty for failure of master or employer to perform provisions of 
indenture. — If a master or employer to whom a minor has been indentured 
shall fail, during the term of service, to perform any provision of such in- 
denture on his part, such minor or any person in his behalf may bring an 
action against the master or employer to recover damages for such failure; 
and if satisfied that there is sufficient cause, the court shall direct such in- 
denture to be canceled, and may render judgment against such master or em- 
ployer for not to exceed one thousand nor less than one hundred dollars, to 
be collected and paid over for the use and benefit of such minor to the corpo- 
ration or officers indenturing such minor, if so indentured, and otherwise, to 
the parents or guardian of the child. 

§ 126. Assignment of indenture on death of master or employer. — On the 
death of a master or employer to whom a person is indentured by the poor 
officers of a municipal corporation, the personal representatives of the master 
or employer may, with the written and acknowledged consent of such person, 
assign such indenture and the assignee shall become vested with all the 
rights and subject to all the liabilities of his assignor, or if such consent be 
refused, the assignment may be made with like effect by the coimty judge of 
the county, on proof that fourteen days' notice of the application therefor 
has been given to the person indentiured, to the officers by whom indentured, 
and to his parent or guardian, if in the country. 

§ 127. Contract with apprentice in restraint of trade void. — No person 
shall accept from any apprentice any agreement or cause him to be bound 
by oath, that after his term of service expires he will not exercise his trade, 
profession or employment in any particular place; nor shall any person exacts 
from any apprentice, after his term of service expires, any money or Q]khi^. 
thing, for exercising his trade, profession or employment in any place. Anj 
security given in violation of this section shall be void; and any money paid, 
or valuable thing delivered, for the consideration, in whole or in paift, of vjxj 
such agreement or exaction, mav be recovere.d. by the person paying ^h,^ si^m^; 



272 New -York State Department of Labor. 

with interest; and every person accepting such agreement, causing such 
obligation to be entered into, or exacting money or other thing, is also 
liable to the apprentice in the penalty of one hundred dollars, which may 
be recovered in a civil suit. 

IKDirSTRZAI. TRAIVIKO IN THE PITBLIC SO^OOLS. 

Education Law, Chapter 16 of the Consolidated Laws (As Amended by 

L. 1910, Ch. 140). 

ARTICLES 22. 

General Industrial Schools, Trade Scliools, and Schools of Affricnl- 

tnre. Mechanic Arts and Home Makinar* 

Section 600. General industrial schools, trade schools, and schools of agri- 
culture, mechanic arts and home making, may be established 
in cities. 

601. Such schools may be established in union free school districts. 

602. Appointment of an advisory board. 

603. Authority of the board of education over such schools. 

604. State aid for general industrial schools, trade schools, and 

schools of agriculture, mechanic arts and home making. 
606. Application of such moneys. 

606. Annual estimate by board of education and appropriations by 

municipal and school districts. 

607. Courses in schools of agriculture for training of teachers. 

§ 600. General industrial schools, trade schools and schools of agriculture, 
mechanic arts and bonie making, may be established in cities. — The board 
of education of any city, and in a city not having a board of education the 
officer having the management and supervision of the public school system, 
may establish, acquire, conduct and maintain as a part of the public school 
system of such city the following: 

1. General industrial schools open to pupils who have completed the ele- 
mentary school course or who have attained the age of fourteen years; and; 

2. Trade schools open to pupils who have attained the age of sixteen years 
and have completed either the elementary school course or a course in the 
above mentioned general industrial school or who have met such other re- 
quirements as the local school authorities may have prescribed. 

3. Schools of agriculture, mechanic arts and home making, open to pupils 
who have completed the elementary school course or who have attained the 
age of fourteen, or who have met such other requirements as the local school 
authorities may have prescribed. 

§ 601. Such schools may be established in union free school districts.— 
The board of education of any union free school district shall also establish, 
acquire and maintain such schools for like purposes whenever such schools 
shall be authorised by a district meeting. 

§ 602. Appointment of an advisory board.— 1. The board of education in 
a city and the officer having the management and supervision of the public 
school system iii a city not having a board of education shall appoint an 
adTisory board of five members representing the local trades, industries, and 



Eepokt of the Commissioner of Labor, I&IO. 273 

occupations. In the first instance two of such members shall be appointed 
for a term of one year and three of such members shall be appointed for a 
term of two years. Thereafter as the terms of such members shall expire 
the vacancies caused thereby shall be filled for a full term of two years. 
Any other vacancy occurring on such board shall be filled by the appointing 
power named in this section for the remainder of the unexpired term. 

2. It shall be the duty of such advisory board to counsel with and advise 
the board of education or the officer having the management and supervision 
of the public school system in a city not having a board of education in rela- 
tion to the powers and duties vested in such board or officer by section six 
hundred and three of this chapter. 

§ 603. Authority of the board of education over such schools. — The board 
of education in a city and the officer having the management and supervision 
of the public school system in a city not having a board of education and 
the board of education in a union free school district which authorizes the 
establishment of a general industrial school, a trade school, or a school of 
agriculture, mechanic arts and home making, is vested with the same power, 
and authority over the management, supervision and control of such school 
and the teachers or instructors employed therein as such board or officer now 
has over the schools and teachers under their charge. Such boards of edu- 
cation or such officer shall also have full power and authority: 

1. To employ competent teachers or instructors. 

2. To provide proper courses of study. 

3. To purchase or acquire sites and grounds and to purchase, acquire, lease 
or construct and to repair suitable shops or buildings and to properly equip 
the same. 

4. To purchase necessary machinery, tools, apparatus and supplies. 

§ 604. State aid for general industrial schools, trade schools, and schools 
of agriculture, mechanic arts and home making. — 1. The commissioner of 
education in the annual apportionment of the state school moneys shall ap- 
portion therefrom to each city and union free school district the sum of five 
hundred dollars for each independently organized general industrial school, 
trade school, or a school of agriculture, mechanic arts and home making, 
maintained therein for thirty- eight weeks during the school year and em- 
ploying one teacher whose work is devoted exclusively to such school, and 
having an enrollment of at least twenty-five pupils and maintaining a course 
of study approved by him, 

2. The commissioner of education shall also make an additional appor- 
tionment to each city and union free school district of two hundred dollars 
for each additioanal teacher employed exclusively in such schools for thirty- 
eight, weeks during the school year. 

3. The commissioner of education may^in his discretion apportion to a dis- 
trict or city maintaining such schools or employing such teachers for a 
shorter time than thirty- eight weeks, an amount pro rata to the time such 
schools are maintained or such teachers are employed. This section shall not 
be construed to entitle manual training high schools or other secondary 
schools maintaining manual training departments, to an apportionment of 
funds herein provided for. 



274 New York State Department of Labob. 

§ 605. Application of such moneys. — ^AU moneys apportioned by the com- 
missioner of education for general industrial or trade schools shall be used 
exclusively for the support and maintenance of such schools in the city or 
district to which such moneys are apportioned. 

§ 606. Annual estimate by board of education and appropriations by 
municipal and school districts.— 1. The board of education of each city or 
the officer having the management and supervision of the public school sys- 
tem in a city not having a board Of education shall file with the common 
council of such city, within thirty days after the commencement of the fiscal 
year of such city, a written itemized estimate of the expenditures necessary 
for the maintenance of its general industrial schools, trade schools, or schools 
of agriculture, mechanic arts and home making, and the estimated amount 
which the city will receive from the state school moneys applicable to the 
support of such schools. The common council shall give a public hearing 
to such persons as wish to be heard in reference thereto. The common coun- 
cil shall adopt such estimate and, after deducting therefrom the amount of 
state moneys applicable to the. support of such schools, shall include the bal- 
ance in the annual tax budget of such city. Such amount shall be levied, 
assessed and raised by tax upon the real and personal property liable to 
taxation in the city at the time and in the manner that other taxes for 
school purposes are raised. The common council shall have power by a two- 
thirds vote to reduce or reject any item included in such estimate. 

2. The board of education in a union free school district which maintains 
a general industrial school, trade school, or a school of agriculture, mechanic 
arts and home making, shall include in its estimate of expenses pursuant to 
the provisions of sections threfe hundred and twenty-three and three hun- 
dred and twenty-seven of this chapter the amount that will be required to 
maintain such schools after applying toward the maintenance thereof the 
amount apportioned therefor by the commissioner of education. Such 
amount shall thereafter be levied, assessed and raised by tax upon the tax- 
able property of the district at the time and in the manner that other taxes 
for school purposes are raised in such district. 

§ 607. Courses in schools of agriculture for training of teachers. — The 
state schools of agriculture at Saint Lawrence University, at Alfred Univer- 
sity and at Morrisville may give courses for the training of teachers in agri- 
culture, mechanic arts, domestic science or home making, approved by the 
commissioner of education. Such schools shall be entitled to an apportion- 
ment of money as provided in section six hundred and four of this chapter 
for schools established in union free school districts. Graduates from such 
approved courses may receive licenses to teach agriculture, mechanic arts 
and home making in the public schools of the state, subject to such rules 
and regulations as the commissioner of education may prescribe. 

• 

INDUSTRIAL AND BEFOBM SCHOOLS. 

State Charities Law, Chapter 55 of the Consoiidated Laws. 
§ 180. State agricultural and industrial school at Industry; managers. — 
The state agricultural and industrial school, at Industry, is hereby continued 
for the reception of all male children, under the age of sixteen yearSj 



Keport of the Commissioner of Labor, IMO. 275 

who shall be legally committed to such school. Such school shall be under 
the control and management of a board of seven managers appointed in ac- 
cordance with the provisions of section fifty-one of this chapter. [As am'd 
hy L. 1910, cK 449.] 

§ 181. Managers of house of refuge for juvenile delinquents in New York 
city. — The society for the reformation of juvenile delinquents in the city 
of New York shall continue to be a corporation by the name of "The man- 
agers of the society for the reformation of juvenile delinquents in the city 
of New York," with all the powers conferred upon it by its act of incorpora- 
tion and the acts amendatory thereof, in so far as the same are not incon- 
sistent with the provisions of this chapter. *«*♦♦♦**** 

§ 184. Commitment of children. — Male children under the age of sixteen 
years may be committed from the rural coimties of this state to the state 
agricultural and industrial school at Industry, or the house of refuge estab- 
lished by the society for the reformation of juvenile delinquents; but such 
children in the counties of New York and Kings shall be committed to the 
house of refuge in New York city, established by such society. * * * 

[As am'd hy L. 1910, ch. 449.] 

NOTB. — Chapter 718 of the Laws of 1904, establishing the New York State 

Training School for Boys, provides for the selection of a rural site near New York 

Clt/ and for the ultimate abandonment of the House of Refuge, section 6 thereof 

reading as follows : 

When such lands shall have been acquired by the state, they shall be known as 
the New York state training school for boys, and be used by the state for the pur- 
pose of caring for and training all Juvenile delinquents properly committed thereto 
by courts of competent jurismction in accordance with existing laws authorizing 
commitments to the house of refuge on Randall's Island. 

§ 193. School ship. — The managers of the society for the reformation of 
juvenile delinquents are hereby authorized to establish a school ship for the 
purpose of instructing the boys in their charge in navigation and the duties 
of seamanship, and for that purpose they are authorized to purchase and hold 
any vessel or vessels, and to navigate the same into and upon any of the 
ports and waters of the state. 

§ 199. New York state trainii^g school for girls. — The New York state 
training school for girls is hereby continued for the reception of all girls not 
over the age of sixteen years, who shall be legally committed thereto or 
placed in charge of such institution. [As am'd hy L. 1910, ch. 449. J 

§ 200. Appointment of managers. — Such institution shall be under the 
control of a board of seven managers, of whom two shall be women and one 
a physician who has practiced his profession for ten years all to be ap- 
pointed in accordance with the provisions of section fifty-one of this chapter. 
[As am'd hy L. 1910, ch. 449.] 

§ 201. General powers and duties of managers. — The board of managers 
shall have the general superintendence, management and control of the insti- 
tution over which it is appointed; of the grounds and buildings, officers and 
employees thereof; of the inmates therein, and of all matters relating to 
the government, discipline, contracts and fiscal concerns thereof, and may 
make such rules and regulations as may seem to it necessary for carrying 
out the purposes of such institution. The board of managers of such insti- 
tution shall appoint from among its members a president, secretary and 



276 New York State Department of Labor. 

treasurer, who shall hold office for such length of time as such board may 
determine, and a female superintendent, who shall hold office during the 
pleasure of the board. The board of managers shall fix the compensation of 

. the officers and employees of the institution, subject to the provisions of 
section seventeen of the state finance law. The managers of such institution 
shall cause the females detained therein or under their care to be instructed 
in such branches of useful knowledge, and to be regularly and systematically 
employed in such lines of industry as shall be suitable to their years and 
capacities, and shall cause such females to be subjected to such discipline as, 
in the opinion of such board, is most likely to effect their reformation. The 
managers of such institution, with the consent of any female committed 
thereto, may bind out as an apprentice or servant such female during the 
time they would be entitled to retain her, to such persons and at such places 
to learn such trade and employment as in their judgment will be for the 
future benefit and advantage of such female. [As am*d by L. 1910i, ch. 44©.] 
§ 210. Emplojonent of inmates. — The board of managers of such institu- 
tion shall determine the kind of employment for females committed thereto 
and shall provide for their necessary custody and superintendence. The 
provisions for the safe keeping and employment of such females shall be 
made for the purpose of teaching such females a useful trade or profession 
and improving their mental' and moral condition. Such board of managers 
may credit such females with a reasonable compensation for the labor 
performed by them, and may charge them with the necessary expenses of 

. thei^r maintenance and discipline, not exceeding the sum of two dollars per 
week. If any balance shall be found to be due such females at the expiration 
of their terms of commitment, such balance may be paid to them at the time 
of their discharge: To secure the safe keeping, obedience and good order of 
the females committed to such institution, the superintendent thereof has the 
same powers as to such females as keepers of jails and penitentiaries possess 
as to persons committed to their custody. 

FREE LECTURES FOR WORXINaPEOPLE. 

Laws of 1888, Chaptee 545. 
An Act to provide for lectures for workingmen and workingwomen [in New 

York City]. 

I 1. The board of education of the city of New York is hereby author- 
ized and empowered to provide for the employment of competent lecturers 
to deliver lectures on the natural sciences and kindred subjects in the public 
schools of said city in the evenings for the benefit of workingmen and work- 
ingwomen. 

§ 2. The said board of education shall have power to purchase the books, 
stationery, charts and other things necessary and expedient to successfully 
conduct said lectures which it shall have power to direct. 

§ 3. No admission fee shall be charged, and at least one school in each 
ward of said city or such hall or halls therein, if there is not suitable 
accommodation in the school buildings for persons attending said lectures, 
where in the judgment of the said board of education it is practicable or 
expedient, shall be selected and designated by said board for the purpose 



Eepoet of the Commissioner of Labor, 1910. " 2Y7 



of carrying out the piTovisions of this act, and one or more lectures, in the 
discretion of said board, shall be delivered in each school or other building 
so 'selected and designated in each week, between the first day of October 
in each year and the -thirty-first day of March in each succeeding year, 
excepting the two weeks preceding and the week following the first day of 
January in each year; and such lecture or lectures may be advertised in a 
newspaper or newspapers published in said city, or otherwise, as the said 
board of education in its discretion shall determine. The board of estimate 
and apportionment of the city and county of New York is hereby authorized 
to appropriate annually sufiicient money to carry out the provisions of this 
act. [As anvd hy L. 1S89, c7i. 383; L. 1890, ch. 305; L. 1891, ch, 71.] 



UCENSINO OF TBADES. 

[State examinatiou boards grant certificates or licenses to nurses, pharmacists, 
physicians and other professions, and also to marine engineers ; but the regulation 
of other licensed trades is delegated to municipalities!. Of the various local laws 
only those applying to New York City are here reprinted.] 

LICENSING OF ENOINEEBS AND PILOTS OF VESSELS. 

The Navigation Law; Chapter 37 of the Consolidated Laws. 

§ 17. Licenses. — Every person employed as master, pilot or engineer on 
board of a steam vessel or a vessel propelled by machinery, carrying passen- 
gers for hire or towing for hire, shall be examined by the inspectors as to 
his qualifications, and if satisfied therewith they shall grant him a license for 
the term of one year for such boat, boats or class of boats as said inspectors 
may specify in such license. In a proper case, the license may permit and 
specify that the master may act as pilot, and in case of small vessels also as 
engineer and pilot. The license shall be framed under glass, and posted in 
some conspicuous place on the vessel on which he may act. Whoever acts 
as master, pilot or engineer, without having first received such license, or 
upon* a boat or class of boats not specified in his license, shall be liable to a 
penalty of fifty dollars for each day that he so acts, except as in this article 
otherwise specified, and such license may be revoked by the inspectors for in- 
• temperance, incompetency or wilful violation of duty. 

§ 34. * * Each person licensed shall pay five dollars for each original 

license and three dollars for each renewal thereof. * * [Added by L. 

1905, cK »59.1 

For the act regulating the pilotage of the port of New l?ork see Navigation 
Law, § 56. 

EXAMINATION AND LICENSING OF FLTTMBERS IN CITIES. 

The General City Law, Chapter 21 of the Consolidated Laws. 

S 40. Examining boards of plumbers in cities. — The existing boards for the 
examination of plumbers in cities of this state are continued and each shall 
hereafter be known as the examining board of plumbers. Such board in each 
city shall continue to consist of five persons to be appointed by the mayor, 
of whom two shall be employing or master plumbers of not less than ten 
years' experience in the business of pluinbing, and one shall be a journeyman 
plumber of like experience, and the other members of such board shall be the 
chief inspector of plumbing and drainage of the board of health of such city, 
or officer performing the duties of such inspector, and the chief engineer 
having charge of sewers in such city, but in the event of there being no 
such officers in such city, then any two other officers having charge or super- 
vision of the plumbing, drainage or sewerage, whom the mayor shall designate 
or appoint, or two members of the board of health of such city having like 
duties or acting in like capacities. 

OonBiituHonality. — L. 1892, ch. 602, from which this statute wag derived, was 
held constitational as a police measure in the interest of the public health. People 
ex rel. Nechamcus v. Warden of the City Prison, 144 N. Y. 529 (1895). 

A separate statute (L. 1896, ch. 803) regulates the practice of plumbing in New 

York City (see below). 

• • «.* * • • • * 

[278] 



Repoet of the Commissioner of Labor, 1910. 279 

§ 45. Examinations; conducting business without certificate prohibited. — 
A person desiring or intending to conduct the trade, business or calling of a 
plumber or of plumbing in a city of this state as employing or master plumber, 
shall be required to submit to an examination before such examining board 
of plumbers as to his experience and qualifications for such trade, business 
or calling; and it shall not be lawful in any city of this state for a person 
to conduct such trade, business or calling, unless he shall have first obtained 
a certificate of competency from such board of the city in which he conducts 
or proposes to conduct such business. 

§ 46. Registration, when required. — Every employing or master plumber 
carrying on his trade, business or calling in any city of this state shall 
register his name and address at the office of the board of health of the city 
in which he shall conduct such business, under such rules as the respective 
boards of health of each of the cities shall prescribe, and thereupon he shall 
be entitled to receive a certificate of such registration; provided, however, 
that such employing or master plimiber shall at the time of applying for 
such registration hold a certificate of competency from an examining board 
of plumbers. 

§ 57. Article limited. — Nothing in this article shall affect or supersede 
any provision of chapter eight hundred and three of the laws of eighteen 
hundred and ninety-six, relating to plumbing in the city of New York. 

Laws of 1896, Chapteb 803. 
An Act in relation to plumbing in the city of New York. 
I 1. Once in each year, every employing or master plumber carrying on 
his trade, business or calling in the city of New York, shall register his 
name and address at the office of the department of buildings in said c!ty 
under such rules and regulations as said department shall prescribe, and 
thereupon he shall be entitled to receive a certificate of such registration 
from said department, provided, however, that such employing or mastei^ 
plumber shajl, at the time of applying for such registration, hold a certificate 
of competency from the examining board of plumbers of said city. The time 
for making such registration shall be during the month of March in each 
year. Where, however, a person obtains a certificate of competency at a 
time other than in the month of March in any year, he may register within 
thirty days after obtaining such certificate of competency, but he must also 
register in the month of March in each year as above provided. Such regis- 
tration may be cancelled by the superintendent of buildings for a violation 
of the rules and regulations for the plumbing and drainage of such city, 
duly adopted and in force pursuant to the provisions of this act, or whenever 
the person so registered ceases to be a master or employing plumber, after 
a hearing had before said superintendent, and upon a prior notice of not 
less than ten days, stating the grounds of complaint and served upon the 
person charged with the violation of the aforesaid rules and regulations. 
After the passage of this act it shall not be lawful for any person or co- 
partnership to engage in, or carry on the trade, business or calling of employ- 
ing or master plumber in the city of New York, unless the name and address 
of such person and of each and every member of such co-partnership shall 
have been registered as above provided. 



280 New York State Department of Labor. 

§ 2. In the city of New York it shall be unlawful for any person or persons 
to expose the sign of " Plumber " or " Plumbing " or a sign containing words 
of similar import and meaning, unless said person or persons shall have 
obtained a certificate of competency from the examining board of plumbers 

of said city and shall have registered as herein provided. 

• • • • • • •.• • • • • 

The statute Is unconstitutional in so far as it attempts to subject non-practicing 
or financial partners in a plumbing firm to examination and registration. Schnaier 
Y. Navarre Hotel and Importation Co., 182 N. Y. 83 (June, 1905). 

INSPECTION OF STEAK BOILEBS AND LICENSING OF STEAM ENGINEEB8 IN 

NEW YOKE CITY.* 

Laws of 1901, Ghafteb 466, Being the Revised Ghabteb of Gbeateb 

New Yosk. 

S 342. Steam boilers; inspection of; not to be operated without certificate. 

— 'Every owner, agent or leasee of a steam boiler or boilers in use in The 
City of New York shall annually, and at such convenient times and in such 
manner and in such form as may by rules and regulations to be made there- 
for by the police commissioner be provided, report to the said department the 
location of each steam boiler or boilers, and thereupon, and as soon there- 
after as practicable, the sanitary company or such member or members 
thereof as may be competent for the duty herein described, and may be de- 
tailed for such duty by the police commissioner shall proceed to inspect such 
steam boilers, and all apparatus and appliances connected therewith; but no 
person shall be detailed for such duty except he be a practical engineer, and 
the strength and security of each boiler shall be tested by atmospheric and 
hydrostatic pressure and the strength and security of each boiler or boilers 
so tested shall have, under the control of said 'sanitary company, such 
attachments, apparatus and appliances as may be necessary- for the limitation 
of pressure, locked and secured in like manner as may be from time to time 
adopted by the United States inspectors of steam boilers or the secretary of 
the treasury, according to act of Congress, passed July twenty-fifth, eighteen 
hundred and sixty- six; and they shall limit the pressure of steam to be 
applied to or upon such boiler, certifying each inspection and such limit of 
pressure to the owner of the boiler inspected, and also to the engineer in 
charge of same, and no greater amount of steam or pressure than that certi- 
fied in the case of any bailer shall be applied thereto. In limiting the 
amount of pressure, wherever the boiler under test will bear the same, the 
limit desired by the owner of the boiler shall be the one certified. Every 
owner, agent or lessee of a steam boiler or boilers in use in The City of New 
York shall, for the inspection and testing of such or each of such boilers, as 
provided for in this act, and upon receiving from the police department a cer- 
tificate setting forth the location of the boiler inspected, the date of such 
inspection, the persons by whom the inspection was made, and the limit of 
steam pressure which shall be applied to or upon such boiler or each of such 



* For statute regulating examination of stationary engineers in BufTalo, tee tbe 
charter (L. 1891, ch. 105, as am*d by L. 1899, ch. 557). As to general responsi- 
bility of persons iu charge of steam boilers, see §§ 1052, 1893 of the Penal 
Law, given in part, under " Criminal liability for negligence,*' under Duties and 
Liabilities of Emplotbbs and Employees, ante. 



I 

Eepoet of the Commissioner of Labor, IWO. 281 

boilers pay annually to the police commissioner for each, boiler, for the use of 
the police pension fund, the sum of two dollars, such certificate to continue in 
force for one year from the granting thereof when it shall expire, unless 
sooner revoked or suspended. Such certificate may be renewed upon the 
payment of a like sum and like conditions, to be applied to a like purpose. 
It shall not be lawful for any person or persons, corporation or corpora- 
tions, to have used or operated within The City of New York any steam boiler 
or boilers, except for heating purposes and for railway locomotives, without 
having first had such boiler or boilers inspected or tested and procured for 
such boiler or each of such boilers so used or operated the certificate herein 
provided for. The superintendent and inspectors of boilers, in the employ of 
the police department, in the city of Brooklyn, and the boiler inspectors in 
Long Island City, shall continue to discharge the duties heretofore devolved 
upon them, subject, however, to removal for cause, or when they are no 
longer needed. 

§ 343. No person to use, or act as engineer for, without certificate. — It 
shall not be lawful for any person or persons to operate or use any steam 
boiler to generate steam except for railway locomotive engines, and for heat- 
ing purposes in private dwellings, and boilers carrying not over ten pounds of 
steam and not over ten horse-power, or to act as engineer for such purposes in 
The City of New York without having a certificate of qualification therefor 
from practical engineers detailed as such by the police department, sueh cer- 
tificate to be countersigned by the officer in command of the sanitary com- 
pany of the police department of The City of New York and to continue in 
force one year, unless sooner revoked or suspended. Such certificate may 
be revoked or suspended at any time by the police commissioner upon the 
report of any two practical engineers, detailed as provided in this section, 
stating the grounds upon which such certificate should be revoked or sus- 
pended. Where such certificate shall have Ji)een revoked, as provided in this 
section, a like certificate shall not in any case be issued to the same person 
Within six months from the date of the revocation of the former certificate 
held by such person. 

Laws of 18©7, Chapteb 62>5, Amending Section 312 of the New York City 
Consolidation Act (Laws of 1882, Chapter 410). 

An Act to amend chapter four hundred and ten of the laws of eighteen 
hundred and eighty-two, entitled " An act to consolidate into one act and 
. to declare the special and local laws affecting public interests in the city 
of New York," relative to engineers. 

Section 1. Section three hundred and twelve of chapter four hundred and 
ten of the laws of eighteen hundred and eighty- two is hereby amended so as 
to read as follows: 

§ 312. The board of police shall preserve in proper form a correct record 
of all inspections of steam boilers made under its direction, and of the 
amount of steam or pressure allowed in each case, and in cases where any 
steam boiler or the apparatus or appliances connected therewith shall be 
deemed by the board, after inspection, to be insecure or dangerous, the board 
shall prescribe such changes and alterations as may render such boilers, ap- 
paratus and appliances secure and devoid of danger. And in the meantime. 



282 New York State Department of Labor. 

and until such changes and alterations are made, and such appliances at- 
tached, such boiler, apparatus and appliances may be taken under the con- 
trol of the board of police, and all persons prevented from using the same, 
and in cases deemed necessary, the appliances, apparatus, or attachments for 
the limitation of pressure may be taken under the control of the said board 
of police. And no owner, or agent of such owner, or lessee of any steam 
boiler to generate steam, shall employ any person as engineer or to operate 
such boiler unless such person shall first obtain a certificate as to qualifica- 
tion therefor from a board of practical engineers detailed as such by the 
police department, such certificate to be countersigned by the officer in com- 
mand of the sanitary company of the police department of the city of New 
York. In order to be qualified to be examined for and to receive such cer- 
tificate of qualification as an engineer, a person must comply, to the satis- 
faction of said board, with the following requirements: 

1. He must be a citizen of the United States and over twenty-one years 
of age. 

2. !He must, on his first application for examination, fill out, in his own 
handwriting, a blank application to be prepared and supplied by the said 
board of examiners, and which shall contain the name, age, and place of 
residence of the applicant, the place or places where employed and the nature 
of his employment for five years prior to the date of his application, and a 
statement that he is a citizen of the United States. The application shall 
be verified by him, and shall, after the verification, contain a certificate 
signed by three engineers, employed in New York city, and registered on the 
books of said board of examiners as engineers working at their trade, certify- 
ing that the statements contained in such application are true. Such appli- 
tion shall be filed with said board. 

3. The following persons, who have first complied with the provisions of 
subdivisions one and two of this section, and no other persons may make 
application to be examined for a license to act as engineer. 

a. Any person who has been employed as a fireman, as an oiler, or as a 
general assistant under the instructions of a licensed engineer in any building 
or buildings in the city of New York, for a period of not less than five years. 

b. Any person who has served as a fireman, oiler or general assistant to 
the engineer on any steamship or steamboat, for a period of five years, and 
shall have been employed for two years under a licensed engineer in a build- 
ing in the city of New York, or any person who has served as a marine or 
locomotive engineer or fireman to a locomotive engineer for a period of five 
years and shall have been a resident of the state of New York for a period 
of two years. [As am'd hy L. 1900, ch. 461.] 

c. Any person who has learned the trade of machinist, or boiler maker 
or steamfitter and worked at such trade for three years exclusive of time 
served as apprentice, or while learning such trade, and also any person who 
has graduated as a mechanical engineer from a duly established school of 
technology, after such person has had two years' experience in the engineer- 
ing department in any building or buildings in charge of a licensed engineer 
in the city of New York. 

d. Any person who holds a certificate as engineer issued to him by any 
duly qualified board of examining engineers existing pursuant to law in any 



Eepoet of the Commissioner of Labor, IWO. 283 

state or territory of the United States and who shall file with his application 
a copy of such certificate and an affidavit that he is the identical person to 
whom said certificate was issued. If the board of examiners of engineers shall 
determine that the applicant has complied with the requirements of this sec- 
tion he shall be examined as to his qualifications to take charge of, and operate 
steam boilers and steam engines in the city of New York, and if found qualified 
said board shall issue to him a certificate of the third class. After the 
applicant has worked for a period of two years under his certificate of the 
third class, he may be again examined by said board for a certificate of the 
second class and if found worthy the said board may issue to him such cer- 
tificate of the second class, and after he has worked for a period of one year 
under said certificate of the second class he may be examined for a certificate 
of the first class; and when it shall be made to appear to the satisfaction 
of said board of examiners that the applicant for either of said grades lacks 
mechanical skill, is a person of bad habits or is addicted to the use of intoxr 
icating beverages he shall not be entitled to receive such grade of license 
and shall not be re-examined for the same until after the expiration of one 
year. Every owner or lessee, or the agent of the owner or lessee, of any 
steam boiler, steam generator, or steam engine aforesaid, and every person 
acting for such owner or agent is hereby forbidden to delegate or transfer 
to any person or persons other than the licensed engineer the responsibility 
and liability of keeping and maintaining in good order and condition any 
such steam boiler, steam generator or steam engine, nor shall any such 
owner, lessee or agent, enter into a contract for the operation or management 
of a steam boiler, steam generator or steam engine, whereby said owner, 
lessee or agent shall be relieved of the responsibility or liability for injury 
which may be caused to person or property by such steam boiler, steam 
generator or steam engine. Every engineer holding a certificate of qualifica- 
tion from said board of examiners shall be responsible to the owner, lessee, 
or agent employing him for the good care, repair, good order and manage- 
ment of the steam boiler, steam generator or steam engine in charge of, or 
run or operated by such engineer. 

e. Any person or persons violating any provision of this section or of any 
of its subdivisions shall be guilty of a misdemeanor. [Added hy L. 1900, ch, 
709.] 

LIOENBXNG OF STATIONARY FIRS MEK IK NEW YORK CITY. 

Laws op 1901, Chapter 733. 
An Act to provide for the licensing of firemen operating steam stationary 

boiler or boilers in the city of New York. 

Section 1. It shall be unlawful for any fireman or firemen to operate 
steam stationary boiler or boilers in the city of New York, unless the fireman 
or firemen so operating such boiler or boilers are duly licensed as hereinafter 
provided. Such fireman or firemen to be under the supervision and direction 
of a duly licensed engineer or engineers. 

% 2. Should any boiler or boilers be found at any time operated by any 
person who is not a duly licensed fireman or engineer as provided by this 
act, the owner or lessee thereof shall be notified, and if after one week from 
such notification the same boiler or boilers is again found to be operated by 
a person or persons not duly licensed under, this act, it shall be deemed 
prima facie evidence of a violation of this act. 



284 New Yoek State Depabtment of Labor. 

S 3. Any person desiring to act as a fireman Shall make application for 
a license to so act, to the steam boiler bureau of the police department as 
now exists for licensing engineers, who shall furnish to each applicant blank 
forms of application, which application when filled out, shall be signed by a 
licensed engineer engaged in working as an engineer in the city of New York, 
who shall therein certify that the applicant is of good character, and has 
been employed as oiler, coal passer or general assistant under the instructions 
of a licensed engineer on a building or buildings in the city of New York, or 
on any steamboat, steamship or locomotive for a period of not less than two 
years. The applicant shall be given a practical examination by. the board 
of examiners detailed as such by the police commissioner and if found com- 
petent as to his ability to operate a steam boiler or boilers as specified in 
section one of this act shall receive within six days after such examination 
a license as provided by this act. Such license may be revoked or suspended 
at any time by the police commissioner upon the proof of deficiency. Every 
license issued under this act shall continue in force for one year from the 
date of issue unless sooner revoked as above provided. Every license issued 
under this act imless revoked as herein provided shall at the end of one 
year from date of issue thereof, be renewed by the board of examiners upon 
application and without further examination. Every application for renewal 
of license must be made within thirty days of the expiration of such licensa 
With every license granted under this act there shall be issued to every person 
obtaining such license a certificate, certified by the officers in charge of the 
boiler inspection bureau. Such certificate shall be placed in the boiler room 
of the plant operated by the holder of such license, so as to be easily read. 

§ 4. No person shall be eligible to procure a license under this act unless 
the said person be a citizen of the United States. 

§ 6. All persons operating boilers in use upon locomotives or in govern- 
ment buildings, and those used for heating purposes carrying a pressure not 
exceeding ten pounds to the square inch, shall be exempt from the provisions 
of this act. Such license will not permit any person other than a duly 
licensed engineer to take charge of any boiler or boilers in the city of New 
York. 

§ 6. This act shall take effect immediately. 

LICENSING OF MOyiNG-FICTXTRE MACHINE OPERATORS. 

Laws of 1901, Chapter 4G6, Being the "Revised Charter of Greater New 

York. 

§ 529- a. No person to operate moving picture apparatus and its connec- 
tions without a license. — It shall not be lawful for any person or persons to 
operate any moving picture . apparatus and its connections in the city of New 
York unless such person or persons so operating such apparatus is duly 
licensed as hereinafter provided. Any person desiring to act as such operator 
shall make application for a license to so act to the commissioner of water 
supply, gas and electricity of the city of New York who shall furnish to 
each applicant blank forms of application which the applicant shall fill out. 

The commissioner of water supply, gas and electricity shall make rules and 
regulations governing the examination of applicants and the issuance of 
licenses and certificates. 



Eepoet of the Commissioner of Labor, 1910. 285 

The applicant shall be given a practical examination under the direction 
of the commissioner of water supply, gas and electricity and if found com- 
petent as to his ability to operate moving picture apparatus and its connec- 
tions shall receive within six days after such examinatoin a license as herein 
provided. Such license may be revoked or suspended at any time by the 
commissioner of water supply, gas and electricity. Every license shall con- 
tinue in force for one year from the date of issue imless sooner revoked or 
suspended. Every license, unless revoked or suspended, as herein provided, 
may at the end of one year from the date of issue thereof be renewed by the 
commissioner of water-supply, gas and electricity in his discretion upon ap- 
plication and with or without further examination as said commissioner may 
direct. Every application for renewal of license must be made within the 
thirty days previous to the expiration of such license. With every license 
granted there shall be issued to every person obtaining such license a cer- 
tificate, made by the commissioner of water supply, gas and electricity or 
such other officer as such commissioner may designate, certifying that the 
person named therein is duly authorized to operate moving picture apparatus 
and its connections. Such certificate shall be displayed in a conspicuous 
place in the room where the person to whom it is issued operates moving 
picture apparatus and its connections. No person shall be eligible to procure 
a license unless he shall be a citizen of the United States and of full age. 
Any person offending against the provisions of this section, as well as any 
person who employs or permits a person not licensed as herein provided to 
operate moving picture apparatus and its connections, shall be deemed 
guilty of a misdemeanor and upon conviction thereof shall be punished by a 
fine not exceeding the sum of one hundred dollars or imprisonment for a 
period not exceeding three months, or both, in the discretion of the court. 
[Added hy L. 1910, ch. 654.] 



TEADE VNIONS. 

• 

[No special provision is made by the statutes of New York for ineorporatiozi 
of trade unions as business organizations. An association of workingmen for the 
purpose of undertaking co-operative insurance may Incorporate under the Insurance 
Law ; but nothing in this law or any of the laws relating to stock corporations 
provides for the actual business of trade unions in contracting with employers as 
the agents of the employees. This primary object of trade unions finds no recog- 
nition, of course, in the non-stock corporation laws ; although the unions that have 
incorporated in New York have done so under the Membership Corporations Law, 
which applies to benevolent, charitable, scientific and missionary societies. 

Trade unions do not in fact find incorporation necessary in order to obtain 
legal standing in the courts, since the law of this State has provided since 1851 
that an unincorporated association consisting of seven or more persons may sue 
and be sued in the naipe of its president and treasurer (■§§ 1919-1921 of the Code 
of Civil Procedure, as below). 

Disobedience of an injunction addressed to an unincorporated association and 
" its each and every member " constitutes a criminal contempt even if the violators 
were not personally served with the order : People ex rel. Stearns v. Marr, 181 
N. Y. 403 (1905). 

As to union labels, see §§ 15 and 16 of the Labor Law, ante.] 

ACTION BY OB AGAINST AN UNINCOBFORATED ASSOCIATION. 

Code of Civil Procedure, Article I of Title V of Chapter XV. 
§ 1919. An action or special proceeding may be maintained, by the presi- 
dent or treasurer of an unincorporated association, consisting of seven or 
more persons, to recover any property, or upon any cause of action, for or 
upon which all the associates may maintain such an action or special pro- 
ceeding, by reason of their interest or ownership therein, either jointly or in 
common. An action may likewise be maintained by such president or treas- 
urer to recover from' one or more members of such association his or their 
proportionate share of any moneys lawfully expended by such association for 
the benefit of such associates, or to enforce any lawful claim of such associa- 
tion against such member or members. An action pr special proceeding may 
be maintained, against the president or treasurer of such an association, to 
recover any property, or upon any cause of action, for or upon which the 
plaintiff may maintain such an action or special proceeding, against all the 
associates, by reason of their interest or ownership, or claim of ownership 
therein, either jointly or in common, or their liability therefor, either jointly 
or severally. Any partnership, or other company oi persons, which has a 
president or treasurer, is deemed an association within the medning of this 

section. 

The action, though in form against such officer, is in substance and reality 
against the association (Mason v. Holmes, 30 Misc. 719). 

§ 1921. In such an action the officer against whom it is brought cannot 
be arrested; and a judgment against him does not authorize an execution to 
be issued against his property, or his person; nor does the docketing thereof 
bind his real property, or chattels r^al. Where such a judgment is for a sum 
of money, an execution issued thereupon must require the sheriff to satisfy 
the same, out of any personal or real property belonging to the association, 
or owned, jointly or in common, by all the members thereof. [As am'd 

hy L. 1898, ch, 293.] 

An action for damages held to lie against an unincorporated trade union, Curran 
y Galen, 152 N. Y. 33 (1897) ; see also Connell v. Stalker, 20 Misc. 423 (1897) ; 
Coons V. Chrystie, 24 Misc. 296 (1898) ; Matthews v. Shankland, 25 Misc. 604 
(1898) : Beattle v. Callanan, 67 App. Div. 14 (1901). 

[286] 



Eepoet of the Commissioner of Labob, I'&IO. 287 

AVTHOBIZINO THE INOORFORATION 07 LABOB OBOAKIZATIOKS FOB 

BENEVOLENT PUBPOBES. 

The Membership Corporations Law, Chapter 35 of the Consolidated 

Laws. 

§ 40. Purposes for which corporations may be formed under this article. — 

A membership corporation may be created under this article for any lawful 

purpose, except a purpose for which a corporation may be created under 

any other article. of this chapter, or any other general law than this chapter. 

RevUer'a Note, — " This section is Intended to make one complete general state- 
ment, including every object for which membership corporations onght to be per- 
mitted under a general law, instead of a long enumeration of particular purposes, 
requiring new legislation whenever incorporation is desired for a new purpose. 
The definition of a membership corporation in section 2 will prevent the formation 
of a stock corporation or of a mutual benefit insurance corporation under this 
article. See Matter of Lampson, 35 App. Div. 49, affd. in 161 N. Y. 511 ; People T. 
Johnson, 22 Misc. 150." 

i§ 41. Certificates of incorporation. — Five or more persons may become a 
membership corporation for any one of the purposes for which a corporation 
may be formed under this article or for any two or more of such purposes 
of a kindred nature, by making, acknowledging and filing a certificate, stating 
the particular objects for which the corporation is to be formed, each oi 
which must be such as is authorized by this article; the name of the pro- 
posed corporation; the territory in which its operations are to be principally 
conducted; the town, village or city in which its principal ofi&ce is to be 
located, if it be then practicable to fix such location; the number of its 
directors, not less than three nor more than thirty; and the names and places 
of residence of the persons to be its directors until its first annual meeting. 
Such certificate shall not be filed without the written approval, indorsed 
thereupon or annexed thereto, of a justice of the supreme court. '    
On filing such certificate, in pursuance of law, the signers thereof, their 
associates and successors, shall be a corporation In accordance with the pro- 
visions of such certificate. * * * 

AUTHOBIZINO LABOB OBGANIZATIONS TO MAINTAIN OB CONSTBTJOT 
BTJILDINGS, HALLS OB LIBBABIES FOB THEIB TTBE. 

The Benevolent Obdees Law, Chapter 3 of the Consolidated Laws. 

S 7. Joint corporations. —   • ^ny number of trades unions, trades 
assemblies, trades associations or labor organizations, * * • may unite 
in forming a corporation for the purpose of acquiring, constructing, main- 
taining and managing a hall, temple or other building, or a home for the 
aged and indigent members of such order and their dependent widows and 
orphans, and of creating, collecting and maintaining a library for the use of 
the bodies uniting to form such corporation. Each body hereafter uniting to 
form such corporation shall annually at a regular meeting thereof, held in 
accordance with its constitution and general rules and regulations or by-laws, 
elect a member thereof to represent it in such corporation.  • • The 
trustees so elected shall make, acknowledge and file with the secretary of state, 
a certificate stating the name of the corporation to be formed, its purposes 
and objects, the names and places of residence of the trustees, the names of 
the bodies which they respectively represent, the names of the bodies uniting 
to form the corporation and their location, and the name of the town, village 



288 New. York State Department of Labor. 

# 

or city and the county where such building is, or is to be located; and there- 
upon the several bodies so uniting shall be a corporation for the purposes 
specified in such oertificate. 

§ 9. Powers of joint corporations. — Such corporation may acquire real 
property in the town, village or city in which such hall, home, temple or 
building is or is to be located, and erect such building or buildings thereupon 
for the uses and purposes of the corporation, as the trustees may deem neces- 
sary, or repair, rebuild or reconstruct any building or buildings that may be 
thereupon and furnish and complete such rooms therein as may appear neces- 
sary for the use of such bodies or for any other purpose for which the cor- 
poration is formed; and may rent to other persons any room in such building 
or any portion of such real property. Until such real property shall be 
acquired or such building erected or made ready for use, the corporation may 
rent and sublet such rooms or apartments in such town, village or city as 
may be suitable" or convenient for the use of the bodies mentioned in such 
certificate, or of such other bodies as may desire to use them,"^and"^e board 
of trustees may determine the terms and conditions on wljich rooms and 
apartments in such building or buildings, when erected, or which may be 
leased, shall be used and occupied. Before such corporation composed of not 
more than thirty bodies shall purchase or sell any real property, or erect or 
repair any building or buildings thereupon, and before it shall purchase any 
building or part of a building for the use of a corporation, it shall submit to 
the bodies constituting the corporation, the proposition to make such sale 
or purchase, or to erect or repair any such building or buildii^gs', or to rent 
any building or part thereof, for the use of the corporation; and unless such 
proposition receives the approval of two-thirds of the bodies constituting 
the corporation, such proposition shall not be carried into eflfect. The evi- 
dence of the approval of such proposition by any such body shall be a cer- 
tificate to that effect signed by the presiding officer and secretary of the body, 
or the officers discharging duties corresponding to those of the presiding 
officer and secretary, under the seal of such body. But where land is pur- 
chased for the purpose of erecting a hall, home or temple thereon the build- 
ings upon such land at the time of such purchase, may be sold by the trus- 
tees without such consent. The powers of the board of trustees of every 
corporation created hereunder and composed of more than thirty bodies, 
respecting sales, purchases and repairs, shall be fixed by the by-laws adopted 
by the representatives of the various bodies composing such corporation, or 
shall be determined by such representatives when assembled in annual session. 
Every corporation created hereunder shall have power to enforce, at law or- 
in equity, any legal contract which it may make with any of the bodies . 
composing it respecting the care and maintenance of members or other de- 
pendents of such body, the same as if such body or bodies were not mem- 
bers of the corporation. Any corporation created hereunder shall have power 
to take and hold real and personal estate by purchase, gift, devise or bequest 
subject to the provisions of law relating to devises and bequests by last will 
and testament or otherwise. 



Ebfobt of ths Commissioneb of Labob, 1i910. 289 

fobbxddzko labob 0bgabizati0k8 to dzsobihikate agaikst xembebb 

of the national ottabd. 

Penal Law, Chapter 40 of the Consolidated Laws. 
§ 48 L Discrimination against members of the national guard. — No asso- 
ciation or corporationjt constituted or organized for the purpose of pro- 
moting the sucoess of the trade, employment^ or business of the members 
thereof, shall by any constitution, rule, by-law, resolution, vote, or regulation, 
discriminate against any member of the national guard of the state of New 
York, because of such membership in respect of the eligibility of such member 
of the said national guard to membership in such association or corporation, 
or in respect of his right to retain said last mentioned membership; it being 
the purpose of this section and the section immediately preceding to protect 
a member of the said national guard from disadvantage in his means of liveli- 
hood and liberty therein but not to give him any preference or advantage 
on account of his membership of said national guard. A person who aids in 
enforcing any such provisions against a member of the said national griard 
with the intent to discriminate against him because of such membership, is 
guilty of a misdemeanor. 

PBSYENTINO FBATTDTILENT BEFBESENTATICN IN LABOB 0B0ANIZATI0K8. 

Penal Law, Chapter 40 of the Consolidated Laws. 

$1278. Fraudulent representation in labor organizations. — Any person who 
represents himself or herself to be a member of, or who claims to represent 
a labor organization which does not exist within the state, at the time of 
such representation, or who has in his or her possession a credential, cer- 
tificate or letter of introduction bearing a fraudulent seal, or bearing the seal 
of a labor organization which has ceased to exist, and does not exist at the 
time of such representation, and attempts to gain admission by the use of 
said credential, certificate or letter of introduction, as a member of any con- 
vention, or meeting of representatives of labor organizations of the state, 
shall be guilty of a misdemeanor and upon conviction thereof shall be 
punishable by a fine of not less than twenty dollars nor more than fifty 
dollars, and imprisonment for not less than ten days nor more than thirty 
days in the jail of the county wherein such conviction is had, or by both 
such fine and imprisonment. 

TTHAirTHOBIZED TTSE OF BADGES, TITLES, ETC. 

Penal Law, Chapter 40 of the Consolidated Laws. 

§ 2240. Unauthorized wearing or use of badge, name, title of officers, in- 
signiay ritual or ceremony of certain orders and societies. — 1. Any person 
who wilfully wears the badge or the button of the Grftnd Army of the 
Republic, the insignia, badge or rosette of the Military Order of the Loyal 
Legion of the United States, or the Military Order of Foreign Wars of the 
United States, or the badge or button of the Spanish war veterans, or the 
Order of Patrons of Husbandry, or the Benevolent and Protective Order of 
Elks of the United States of America, or of any society, order or organization, 
of ten years' standing in the state of New York, or uses the same to obtain 

10 



290 New York State Department of Labor. 

aid or assistance within this state, or wilfully uses the name of such society, 
order or organization, the titles of its officers, or its insignia, ritual or cere- 
monies, unless entitled to .use or wear the same under the constitution and 
by-laws, rules and regulations of such order or of such society, order or 
organization, is guilty of a misdemeanor. 

mLAVmJL TO COMPEL EXPLOTEES TO AGREE HOT TO JOIN LABOR 

OROAHIZATXOKB. 

Penal Law, Chapter 40 of the Consolidated Laws. 

I 631. Coercion by employers. — ^Any person or employer of labor, and any 
person of any corporation on behalf of such corporation, who shall hereafter 
coerce or compel any person, employee, laborer or mechanic, to enter into 
an agreement, either written or verbal, from such person, employee, laborer 
or mechanic, not to join or become a member of any labor organization, as a 
condition of such person securing employment, or continuing in the employ- 
ment of any such person, employer or corporation, shall be deemed guilty of 
a misdemeanor. The penalty for such misdemeanor shall be imprisonment 
in a penal institution for not more than six months, or by a fine of not 
more than two hundred dollars, or by both such fine and imprisonment. 

This statute imposes an unauthorized restraint upon the freedom to contract in 
relation to the purchase and sale of labor, and is unconstitational : Feople v. 
Marcus. 185 N. Y. 257 (1906). 

VirLAWFTTL TO BRIBE REPRESENTATIVES OF LABOR OROANIZATIOKS. 

Penal Law, Chapter 40 of the Consolidated Laws. 

I 380. Bribery of labor representatives. — A person who gives or offers to 
give any money or other things of value to any duly appointed representative 
of a labor organization with intent to influence him in respect to any of his 
acts, decisions, or other duties as such representative, or to induce him to 
prevent or cause a strike by the employees of any person or corporation, is 
guilty of a misdemeanor; and no person shall be excused from attending and 
testifying, or producing any books, papers or other documents before any 
court or magistrate, upon any investigation, proceeding or trial, for a viola- 
tion of this section, upon the ground or for the reason that the testimony or 
evidence, documentary or otherwise, required of him may tend to convict him 
of a crime or subject him to a penalty or forfeiture; but no person shall be 
prosecuted or subjected to any penalty or forfeiture for or on account of any 
transaction, matter or thing concerning which he may so testify or produce 
evidence, documentary or otherwise, and no testimony so given or produced 
shall be received against him upon any criminal investigation or proceeding. 

Cf. •'Corrupt influencing of employees,' (Penal Law, § 439), under Ditties and 
Liabilities of Bmplotbes and Bmplotbes, ante. 



IHBirSTBIAL DISFtTTES. 

[The " risrbt to strike," 1. e., to quit work in concert, Is controlled by the istatutes 
and judicial decisions respectinsr combinations. Sections 580 and 582 of the Penal 
Law define conspiracies, or unlawful combinations. The latter section expressly 
legalizes a combination (strike) for the purpose of maintaining or adyandng the 
rate of wages, and the courta have broadened this authorization to Include any 
peaceable and orderly strike of wage workers, not to Jiarm others hut to improve 
their own condition, within which lawful purpose may be a strike by a trade 
union to procure the discharge of an outsider and the employment of Its own 
members : Nat'l Protective Assn. v. Gumming, 170 N. Y. 315 ; Wunch v. Shank- 
land, 179 N. Y. 545, Mem. But concerning strikes for the " closed shop," see that 
topic below. Similarly, a lockout is legal if no malice is shown (City Trust, 
Safe Deposit & Surety Co. v. Waldhauer, 47 Misc. 7). 

Intimidation. — A strike that has a lawful purpose becomes unlawful if con- 
ducted by unlawful means. Thus it is contrary to law to use or threaten to use 
violence, force or intimidation In the prosecution of a strike (S 530 of the Penal 
Law, defining coercion) ; or to endanger life by refusal to labor (| 1910) ; or in- 
terfere with passengers in public conveyances (§ 720), etc. 

Violation of an injunction order against illegal Interference with new employees 
on the part of strikers constitutes criminal contempt and is punishable as such 
even though the individual members of the union were not personally served with 
the order: People ea rel. Stearns v. Marr, 181 N. Y. 463 (190B). 

Picketing is not defined by statute, but by the interpretation placed by the courts 
on the above-mentioned laws relating to coercion. One of the most authoritative 
discussions of " picketing " by Federal courts is in Union Pacific Ry. Co. v. 
Ruef (120 Fed. Rep. 102), and by the New York courts in a unanimous decision of 
the Second Appellate Division, December, 1904, which is, in part, as follows : 

" ' Picketing ' may simply mean the stationing of men for observation. If in the 
doing of this act, solely for such purpose, there be no molestation or physical an- 
noyance, or let or hindrance of any person then it can not be said that such an act 
is, per ne, unlawful. But ' picketing ' may also mean the stationing of a man or men 
to coerce or to threaten, or to intimidate or to halt or to turn aside against their 
will those who would go to and from the picketed place to do businesB, or to work, 
or to seek work therein, or in some other way to hamper, hinder, or harass the fret 
dispatch of business by the employer. In that case, picketing may well be said to 
be unlawful. * * * I may add that I am not prepared to say that all picketing 
which goes no further than ' persuasion and entreaty * of those who are about to 
work or to seek work or to do business in the picketed place is absolutely lawful. 
A wayfarer upon the public street should be free for peaceful travel. No man 
against my will has the legal right to occupy the public street to arrest my course 
or to join me on my way, be he ever so polite or gentle in his Insistence. There 
may be no intimidation, and yet an interruption of peaceful travel. There may be 
annoyance without danger." — Mills v. U. S. Printing Co., 99 App. Dlv. 605. 

Boycotting. — The ruling of the Court of Appeals in the Cumming case, cited 
above, modified the law regarding boycotts, so that the courts do not find in a 
boycott per se the malicious purpose, or an attempt to injure, that constitutes 
conspiracy (Foster v. Retail Clerks* Protective Association, 39 Bfisc 48 [1902] ; 
Butterick Pub. Co v. Typographical Union No. 6, 50 Misc. 1 [1906]). The injury 
Inflicted may be only an Incident of the act whereby the ultimate end is gained 
(Mills V. U. S. Print. Co., 99 App. Div. 605). In this case the court unani- 
mously indorsed Bouvier's statement, "A boycott is not unlawful unless attended 
with some act which in itself is illegal," and continued : " I think that the verb 
* to boycott • does not necessarily signify that the doers employ violence, intimida- 
tion or other unlawful coercive means, but that it may be correctly used in the 
sense of the act of a combination in refusing to have business dealings with another 
until he removes or ameliorates conditions which are deemed inimical to the wel- 
fare of the members of the combination, or some of them, or grants concessions 
which are deemed to make for that purpose. And as such a combination may be 

[291] 






■* • .. ., T« - ** 



292 ITbw Yobk State Depabtment oif Labor. 

formed and held together by argament, perttiailoii, entreatj or by the 'tooeh of 
nature/ and may accomplish its purpose .without yiolence or other unlawful means, 
1. e., simply by abstention, I think it cannot be said that ' to boycott ' la to offend 

the law." In agreement with this view, see the opinion of the Supreme Court of 
Missouri (1901). in Marx & Hass Jeans Clothing Co. y. Watson (67 S. W. Rep. 
391) On the other hand, the earlier rule is maintained in the cases of Davis 
Machine Co. y. Robinson (41 Misc. 329) and People y. McFarlin (43 Misc. 599). 
A boycott which affects inter-state commerce is illegal under the Federal anti- 
trust law: Loewe v. Lawlor, 208 U. S. 274 (the batters' case). . 

Blacklisting. — .The blacklist is in principle a form of the boycott, but is car- 
ried on in such secrecy that it has seldom come before the courts. 

The " Closed Shop." — It has been held that an agreement providing for the 
closed shop (i. e., exclusive employment of members of a trade union) is not in 
violation of law and will be enforced by the courts : Jacobs v. Cohen, 183 N. Y. 
207 (1905) ; Nat'l Fire Proofing Co. v. Mason Builders' Assn., 145 Fed. Rep. 260, 
(June, 1906). But no agreement whatever makes it lawful for members of a union 
to coerce or maliciously interfere with non-union men (Curran v. Galen. 52 N. Y. 33, 
decided in 1897 and reaffirmed in Jacobs case just cited. Cf. also Beattle v. 
Callanan, 82 Ai^. Div. 7). Further, a strike for a closed shop throughout an entire 
trade in a locality has been held illegal as constituting conspiracy to deprive men 
of the exercise of the right to work (Schwartz v. Int'l Ladies* Garment Workers' 
Union, 68 Misc. 528). Similarly a re.quirement by employers generally in a com- 
munity that employees must be members of a particular union is illegal (McCord 
y. Thompson-Starrett Co., 129 A pp. Div. 130, afTd in 198 N. Y. 587). A. strike 
to prevent use by a union firm of materials manufactured by a non-union firm 
has been held illegal (Irving v. Joint District Council, 180 Fed. Rep. 896) ; also 
a strike to prevent manufacture of goods for a non-union firm (Schlang v. Ladies' 
Waist Makers* Uni(m, 67 Misc. 222) ; both these being regarded as unlawful in- 
terference with an employer's freedom. An agreement binding workmen to work 
only for members of an employers' association has been held illegal (People v. 
Miller in Magistrate's Court. New York City, August 20, 1904). 

coHSPntACT, intheidatioh, eztobtiov, etc. 

Penai. Law, Chapteb 40 of the Consolidateu Laws. 

§ 580. Definition and punishment of conspiracy. — If two or more persons 
conspire: 

1. To commit a crime; or 

5. To prevent another from exercising a lawful trade or calling, or doing 
any other lawful act, by force, threats, intimidation, or by interfering or 
threatening to interfere with tools, implements or property belonging to or 
used by another, or with the use or employment thereof; or 

6. To commit any act injurious to the public health, to public morals, or 
to trade or commerce, or for the perversion or obstruction of justice, or of tjie 
due administration of the laws; 

Each of them is guilty of a misdemeanor. 

§ 581. Conspiracies against peace of the state. — If two or more persons, 
being out of this state, conspire to commit any act against the peace of this 
state, the conunission or attempted commission of which, within this state, 
would be treason against the state, they are punishable by imprisonment in 
a state prison not exceeding ten years. 

§ 582. Funishable conspiracies. — No conspiracy is punishable criminally un- 
less it is one of those enumerated in the last two sections, and the orderly 
and peaceable assembling or co-operation of persons employed in any calling, 
trade or handicraft for the purpose of obtaining an advance in the rate of 
wages or compensation, or of maintaining such rate, is not a conspiracy. 



Report of the Commissioner of Labor, 1910. 293 

§ 1910. Endangering life by refusal to labor. — A person who wilfully and 
maliciously, either alona or in combination with others, breaks* a contract of 
service or hiring, knowing, or having reasonable cause to believe, that the 
probable consequence of his so doing will be to endanger human life, or to 
cause grievous bodily injury, or to expose valuable property to destruction 
or serious injury, is guilty of a misdemeanor. 

§ 14S0. Depriving members of national guard of employment. — A person 
who, either by himself or with another, wilfully deprives a member of the 
national guard of his employment, or prevents his being employed by himself 
or another, or obstructs or annoys said member of said national guard, or his 
employer, in respect of his trade, business, or employment, because said 
member of said national guard is such member, or dissuades any person from 
enlistment in the said national guard by threat of injury to him in case he 
shall so enlist, in respect of his employment, trade, or business, is guilty of 
a mi9demeanor. 

§ 530. Coercing another person a misdemeanor. — A person, who with a view 
to compel another person to do or to abstain from doing an act which such 
other has a legal right to do or to abstain from doing, wrongfully and un- 
lawfully, 

1. Uses violence or inflicts injury upon such other person or his family, or 
a member thereof, or upon his property, or threatens such violence or in- 
Jury; or 

2. Deprives any such person of any tool, implement, or clothing, or hinders 
him in the use thereof; or 

3. Uses or attempts the intimidation of such person by threats or force; 

Is guilty of a misdemeanor. 

One who advises or indnces another to commit assault or attempt other Intimi- 
dation Is also guilty of violating this prohibition, thus: 

S 2. Definition of principal. — A person concerned In the commission of a crime, 
whether he directly commits the act constituting the offense or aids and abets in its 
commission, and whether present or absent, and a person who directly or indirectly 
counsels, commands, induces or procures another to commit a crime. Is a principal. 

§ 850. £3ttortion defined. — Extortion is the obtaining of property from 
another, with his consent, induced by a wrongful use of force or fear, or 
under cover of official right. 

§ 851. What threats may constitute extortion. — Fear, such as will consti- 
tute extortion, may be induced by a threat: 

1. To do an unlawful injury to the person or property of the individual 
threatened, or to any relative of his or to any member of his family; or 

2. To accuse him, or any relative of his or any member of his family, of 
any crime; or 

3. To expose, or impute to him, or any of them, any deformity or dis- 
grace; or 

4. To expose any secret affecting him or any of them. 

§ 852. Punishment of extortion. — A person who extorts any money or other 
property from another, under circumstances not amounting to robbery, by 
means of force or a threat mentioned in the last two sections, is punishable 
by imprisonment not exceeding fifteen years. 

Obtaining money by threats or by the continuance of a boycott as described con- 
Btltutes the crime of extortion under the above sections. Those present and abetting 
when the money is paid or uniting in the acts that lead to the payment or the 



294 New York State Department of Labor. 

agreement to pay, though not present when the money is received, are each liable 
as principals. Whether the money is shared personally or placed in a fand to pay 
the expenses of the boycott is of no consequence as affecting the crime. People v. 
Wilzig, N. Y. Cr. 403 (1886). A labor leader was convicted of extortion for hav- 
ing accepted a sum of money from an employer to pay for " waiting time,'* as 
alleged, of the striking employees. People v. Barondess, 41 N. Y. 659 (1891). 
Defendant, the head of a labor organization, was properly charged with extortion 
when evidence showed that he had demanded and received money as the price of 
abandoning a boycott undertaken to eoerce plaintiffs into obedience to his com- 
mands as to the number of apprentices they should employ. People v. Hughes, 
137 N. Y. 29 (1893). Defendant, president of a labor union, was convicted of 
extortion because he had obtained money from a contractor under threat of 
continuing a strike. People v. Welnsheimer, 117 App. Div. 603 (Feb., 1907). 

§ 720. Relating to disorderly conduct on public conveyances. — Any person 
who shall by any o£fensive or disorderly act or language, annoy or interfere 
with any person in any place or with the passengers of any public stage, 
railroad car, ferry boat, or other public conveyance, or who shall dis- 
turb or oflFend the occupants of such stage, car, boat or conveyance, by any 
disorderly act, language or display, although such act, conduct or display 
may not amount to an assault or battery, shall be deemed guilty of a mis- 
demeanor. 

§ 43. Penalty for acts for which no punishment is expressly prescribed. — 
A person who wilfully and wrongfully commits any act which seriously in- 
jures the person or property of another, or which seriously disturbs or en- 
dangers the public peace or health, or which openly outrages public decency, 
for which no other punishment is expressly prescribed by this chapter, is 
guilty of a misdemeanor; but nothing in this chapter contained shall be so 
construed as to prevent any person from demanding an increase of wages, 
or from assembling and using all lawful means to induce employers to pay 
such wages to all persons employed by them, as shall be a just and fair 
compensation for services rendered. 

THE " AKTI-PIKKERTON " ACT: F&OHIBITINO THE APPOIVTMENT OF VOH- 
BESIDEKTS AS SPECIAL OFFIGEBB TO PRESEBYE THE PUBLIC PEACE. 

Penal Law, Chapter 40 op the Consolidated Laws. 

§ 1845. Special peace officers to be citizens. — No sheriff of a county, mayor 
of a city, or officials, or other person authorized by law to appoint special 
deputy sheriffs, special constables, marshals, policemen, or other peace officers 
in this state, to preserve the public peace or quell public disturbance, shall 
hereafter, at the instance of any agent, society, association or corporation, 
or otherwise, appoint as such special deputy, special constable, marshal, police- 
man, or other peace officer, any person who shall not be a citizen of the 
United States and a resident of the state of New York, and entitled to 
vote therein at the time of his appointment, and a resident of the same county 
as the mayor or sheriff or other official making such appointment; and no 
person shall assume or exercise the functions, powers, duties or privileges 
incident and belonging to the office of special deputy sheriff, special constables, 
marshal or policeman, or other peace officer, without having first received his 
appointment in writing from the authority lawfully appointing him. 

A violation of the provisions of this section is a misdemeanor. 

§ 1846. Making arrest without lawful authority. — Any person who shall, 
in this state, without due authority, exercise, or attempt to exercise the 
functions of, or hold himself out to any one as a deputy sheriff, marshal. 



Report of the Commissionee of Laboe, I&IO. 295 

or policeman, constable "or peace officer, or any public officer, or person pre- 
tending to be a public officer, who, unlawfully, under the pretense or color 
of any process, arrests any person or detains him against his will, or seizes 
or levies upon any property,' or dispossesses any one of any lands or tene- 
ments without a regular process therefor, is guilty of a misdemeanor. But 
nothing herein contained shall be deemed to aifect, repeal or abridge the 
powers authorized to be exercised under sections one hundred and two, one 
hundred and four, one hundred and sixty-nine, one hundred and eighty-three, 
eight hundred and ninety-five, eight hundred and ninety-six and eight hundred 
and ninety-seven of the code of criminal procedure; or under section ninety 
of the railroad law ; or under section eleven hundred and forty-seven of this 
chapter. All places kept for summer resorts and the grounds of racing 
associations in the counties of New York, Kings and Westchester, are hereby 
exempted from the provisions of this section. 

Cf. the Railroad Law, § 58, under " Conductors and Trainmen as Folicemcn 
under " Railway Labor,** ante. 



REGULATION OF EMPLOYMENT AGENCIES, BOARDING 

HOUSES, ETC. 

EMPLOYMENT OFFICES IN CITIES. 

[The original act (L. 1904, ch. 432, afterwards amended by L. 1906, ch. 327) 
from which the following sections were derived, was held to be a constitutional 
exercise of the police power : People ex rel. Armstrong v. Warden of the City 
Prison, 183 N. Y. 223 (1905). 

The amendment of 1910 provides that said amendment " shall not affect the 
licenses issued pursuant to such article prior to the taking effect of this act until 
the expiration of such licenses or unless such licenses are terminated as provided 
herein. Such amendment shall not affect the tenure of office of the commissioner 
of licenses, the deputy commissioner of licenses or of inspectors, or of the em- 
ployees to whom the enforcement of such law relative to employment agencies is 
now entrusted, or any action, or cause of action, arising from the provisions of 
article eleven of the general business law."] 

General Business Law, Chapteb 20 of the Consolidated Laws. 

article; 2. 

{As am'd hy L. 1910, ch. 700.) 
Eimploymeiit Aar^ncles. 

Section 170. Application of article. 

171. Definitions. 

172. License required. 

173. Application for license. 

174. Procedure upon application ; grant of license. 

175. Form and contents of license. 

176. Assignment or transfer of license; change of location. 

177. Bonds and license fees. 

178. Action on bond. 

179. Registers to be kept. 

180. Statements to be filed in theatrical employment agencies. 

181. Card to be furnished to applicant for employment. . 

182. Employment contracts. 

183. Theatrical employment contracts. 

184. Inspection of registers, books and records. 

185. Fees charged by persons conducting employment agencies. 

186. Return of fees. 

187. Receipt for fees paid. 

188. Copies of law to be posted. 

189. False or misleading advertisements and information. 

190. Prohibition as to employment agencies. 

191. Enforcement of provisions of this article. 

192. Penalties for violations. 

§ 170. Application of article. — 1. This article shall apply to all cities of 
the state, except that the provisions hereof relating to domestic and com- 
mercial employment agencies shall not apply to cities of the third class. 
This article does not apply to employment agencies which procure employ- 
ment for persons as teachers exclusively, or employment for persons in tech- 
nical or executive positions in recognized educational institutions; to regis- 
tries conducted by duly incorporated associations of registered nurses; and 
employment bureaus conducted by registered medical institutions or duly 

[296] 



Report of the Commissioner of Labor, 1910. 297 

incorporated hospitals. Nor does such article apply to departments or 
bureaus maintained by persons for the purpose of securing help or em- 
ployees, where no fee is charged. 

§ 17 i. Definitions. — 1. When used in this article the following terms are 
defined as herein specified. The term " person " means and includes any indi- 
vidual, company, society, association, corporation, manager, contractor, sub- 
contractor or their agents or employees. 

2. The term " employment agency " means and includes the business of 
conducting, as owner, agent, manager, contractor, subcontractor or in any 
other capacity an intelligence office, domestic and commercial employment 
agency, theatrical employment agency, general employment bureau, shipping 
agency, nurses' registry, or any other agency or office for the purpose of 
procuring or attempting to procure help or employment or engagements for 
persons seeking employment or engagements, or for the registration of per- 
sons seeking such help, employment or engagement, or for giving informa- 
tion as to where and of whom such help, employment or engagement may be 
procured, where a fee or other valuable consideration is exacted, or attempted 
to be collected for such services, whether such business is conducted in a 
building or on the street or elsewhere. 

3. The term "theatrical employment agency" means and includes the busi- 
ness of conducting an agency, bureau, office or any other place for the pur- 
pose of procuring or offering, promising or attempting to provide engagements 
for circus, vaudeville, theatrical and other entertainments or exhibitions or 
performances, or of giving information as to where such eliigagements may 
be procured or provided, whether such business is conducted in a building, 
on the street or elsewhere. 

4. The term " theatrical engagement " means and includes any engagement 
or emplojrment of a person as an actor, performer or entertainer in a circus, 
vaudeville, theatrical and other entertainment, exhibition or performance. 

5. The term " emergency engagement " means and includes an engagement 
which has to be performed within twenty- four hours from the time when 
the contract for such engagement is made. 

6. The term " fee " means and includes any money or other valuable con- 
sideration paid or promised to be paid for services rendered or to be rendered 
by any person conducting an employment agency of any kind under the pro- 
visions of this article. Such term includes any excess of money received by 
any such person over what has been paid out by him for the transportation, 
transfer of baggage, or board and lodging for any applicant for employment; 
such term also includes the difference between the amount of money received 
by any such person who furnishes employees, performers or entertainers for 
circus, vaudeville, theatrical and other entertainments, exhibitions or perform- 
ances, and the amount paid by him to the said employees, performers or enter- 
tainers whom he hires or provides for such entertainments, exhibitions or 
performances. 

7. The term "privilege" means and includes the furnishing of food, sup- 
plies, tools or shelter to contract laborers, commonly known as commis- 
sionary privileges. 

§ 172. License required.— A person shall not open, keep, maintain or carry 
on any employment agency, as defined in the preceding section, unless he 



298 New Yobk State Department of Labor. 

shall have first procured a license therefor as provided in this article from 
the mayor or the commissioner of licenses of the city in which such person 
intends to conduct such agency. Such license shall be posted in a conspicu- 
ous place in said agency. Any person who shall open or conduct such an 
employment agency without first procuring said license shall be guilty of a 
misdemeanor and shall be punishable by a fine of not less than twenty-five 
dollars and not more than two hundred and fifty dollars, or by imprison- 
ment for a period of not more than one year, or both, at the discretion of 
the court. 

See requirement of registration wlHi State Commissioner of lAbor under f 155 
of tbe Labor Law, ante. 

§ 173. Application for license. — An application for such license shall be 
made to the mayor or commissioner of lincenses, in case such ofiice shall have 
been established as herein provided. Such applicationi shall be written and 
in the form prescribed by the mayor or commissioner of licenses, and shall 
state the name and address of the applicant; the street and number of the 
building or place where the business is to be conducted; whether the appli- 
cant proposes to conduct a lodging house for the unemployed separate from 
the agency which he proposes to conduct; the business or occupation engaged 
in by the applicant for at least two years immediately preceding the date 
of the application. Such application shall be accompanied by the afi&davits 
of at least two reputable residents of the city to the effect that the applicant 
is a person of good moral character. 

§ 174. Procedure upon application; grant of license. — Upon the receipt 
of an application for a license the mayor or commissioner of licenses shall 
cause the name and address of the applicant, and the street and number of 
the place where the agency is to be conducted, to be posted in a conspicuous 
place in his public ofiSce. The said mayor or commissioner of licenses shall 
investigate or cause to be investigated the character and responsibility of 
the applicant and shall examine or cause to be examined the premises desig- 
nated in such application as the place in which it is proposed to conduct 
such agency. Any person may file, within one week after such application 
is so posted in the said ofiice, a written protest against the issuance of such 
license. Such protest shall be in writing and signed by the person filing 
the same or his authorized agent or attorney, and shall state reasons why 
the said license should not be granted. Upon the filing of such protest 
the mayor or commissioner of licenses shall appoint a time and place for 
the hearing of such application, and shall give at least five days' notice of such 
time and place to the applicant and person filing such protest. The said 
mayor or commissioner of licenses may administer oaths, subpoena wit- 
nesses and take testimony in respect to the matters contained in* such ap- 
plication and protest or complaints of any character for violations of this 
article, and may receive evidence in the form of affidavits pertaining to 
such matters. If it shall appear upon such hearing or from the inspection 
or examination made by the said mayor or commissioner of licenses that 
the said protest is sustained or that the applicant is not a person of good 
character, or that the place where such agency is to be conducted is not a 
suitable place therefor, or that the applicant has not complied with the 
provisions of this article, the said application shall be denied and a license 



Repoet of the Commissioner of Labor, IMO. 299 

shall not be granted. Each application should be granted or refused within 
thirty days from the date of its filing. The license shall run to the first 
Tuesday of May next following the date thereof and no later, unless sooner 
revoked by the mayor or the commissioner of licenses. No license shall 
be granted to a person to conduct the business of an employment agency 
in rooms used for living purposes or where boarders or lodgers are kept 
or where meals are served or where persons sleep or in connection with a 
building or premises where intoxicating liquors are sold to be consumed 
on the premises, excepting cafes and restaurants in office buildings. 

§ 175. Fbrm and contents of license. — Every license shall contain the name 
of the person licensed, a designation of the city, street and number of the 
house in which the person licensed is authorized to carry on the said em- 
ployment agency, and the number and date of such license. Such license 
shall not be valid to protect any other than the person to whom it is issued 
or any place other than that designated in the license and shall not be 
transferred or assigned to any other person unless consent is obtained from 
the mayor or commissioner of licenses, as hereinafter provided. If such 
licensed person shall conduct a lodging bouse for the unemployed separate 
and apart from such agency, it shall be so designated in the license. 

§ 176. Assignment or transfer of license; change of location. — ^A license 
granted as provided in this article shall not be assigned or transferred with- 
out "tlie consent of the mayor or commissioner of licenses. Applications 
for such- consent shall be made in the same manner as an application for a 
license, and all the provisions of sections one hundred and seventy-three 
and one hundred and seventy- four relating to the granting of applications 
for licenses, including the procedure upon such application and the posting 
of the names and addresses of applicants shall apply to applications for 
such consent. No license fee shall be required upon such assignment or 
transfer. No location of an employment agency shall not be changed with- 
out the consent of the mayor or commissioner of licenses, and such change 
of location shall be indorsed upon the license. 

§ 177. Bonds and license fees. — 1. Every person licensed under the pro- 
visions of this act to carry on the business of an employment agency shall 
pay to the mayor or the commissioner of licenses a license fee of twenty- 
five dollars before such license is issued. He shall also deposit before such 
license is issued, with the commissioner of licenses, in every city where there 
is a commissioner of licenses, or clerk of the city, a bond in the penal sum of 
one thousand dollars with two or m'ore sureties or a duly authorized surety 
company, to be approved by fihe mayor or the commissioner of licenses. 

2. The bond executed as provided in the preceding subdivision of this 
section shall be payable to the people of the city in which any such license 
is issued and shall be conditioned that the person applying for the license 
will comply with this article, and shall pay all damages occasioned to any 
person by reason of any misstatement, misrepresentation, fraud or deceit, 
or any unlawful act or omission of any licensed person, his agents or 
employees, while acting within the scope of their employment, made, com- 
mitted or omitted in the business conducted under such license, or caused 
by any other violation of this article in carrying on the business for which 
such license is granted. 



300 New York State Department of Labor. 

3. If at any time, in the opinion of the mayor, or the commissioner of 
licenses, the sureties or any of them shall become irresponsible the person 
holding such license shall, upon notice from the mayor or the commissioner of 
licenses, give a new bond, subject to the provisions of this section. The 
failure to give a new bond within ten days after such notice, in the discre- 
tion of the mayor or commissioner of licenses, shall operate as a revocation 
of such license and the license shall be thereupon returned to the mayor 
or the commissioner of licenses who shall destroy the same. 

§ 178. Action on bond; suits how brought. — All claims or suits brought 
in any court against any licensed person may be brought in the name of the 
person damaged upon the bond deposited with city by such licensed person 
as provided in section one hundred and seventy- seven and may be trans- 
ferred and assigned as o'ther claims for damages in civil suits. The amount 
of damages claimed by plaintiff, and not the penalty named in the bond, 
shall determine the jurisdiction of the court in which the action is brought. 
Where such licensed person has departed from the state with intent to de- 
fraud his creditors or to avoid the service of a summons in an action 
brought under this section, service shall be made upon the surety as pre- 
scribed in the code of civil procedure. A copy of such summons shall be 
mailed to the last known post-office address of the residence of the licensed 
person and the place where he conducted such employment agency, as shown 
by the records of the mayor or commissioner of licenses. Such service 
thereof shall be deemed to be made when not less than the number of days 
shall have intervened between the dates of service and the return of the 
same as provided by the civil procedure for the particular court in which 
suit has been brought. 

§ 179. Registers to be kept. — It shall be the duty of every licensed person 
to keep a register, approved by the mayor or the commissioner of licenses, 
in which shall be entered, in the English language, the date of the applica- 
tion for employment; the name and address of the applicant to whom 
employment is promised or offered, or to whom information or assistance 
is given in respect to such employment; the amount of the fee received, 
and whenever possible, the names and addresses of former employers or 
persons to whom such applicant is known. Such licensed person shall also 
enter in the same or in a separate register, approved by the mayor or 
commissioner of licenses, in the English language, the name and address 
of every applicant accepted for help, the date of such application, kind 
of help requested, the names of the persons sent, with the designation of the 
one employed, the amount of the fee received and the rate of wages agreed 
upon. No such licensed person, his agent oi* employees, shall make any 
false entry in such registers. It shall be the duty of every licensed person, 
whenever possible, to communicate orally or in writing with at least one 
of the persons mentioned as references for every applicant for work in 
private families, or employed in a fiduciary capacity, and the result of 
such investigation shall be kept on file in such agency; provided, that if 
the applicant for help voluntarily waives in writing such investigation of 
references by the licensed person, failure on the part of the licensed person 
to make such investigation shall not be deemed a violation of this section. 

See also requirements as to register in § 155 of the Labor Law, ante. 



Ee1»okt of the Commissioner of Labob, I&IO. 301 

§ 180. statements to be filed in theatrical employment agencies. — Every 
licensed person conducting a theatrical employment agency, before making 
a theatrical engagement, except an emergency engagement, for any person 
with any applicant for services in any such engagement shall prepare and 
file in such agency a written statement signed and verified by such licensed 
person setting forth how long the applicant has been engaged in the theatric 
cal business. Such sifatement shall set forth whether or not such applicant 
has failed to pay salaries or left stranded any companies, in whirh such 
applicant and, if a corporation any of its oflScers or directors, have been 
financially interested during the five years preceding the date of application 
and, further, shall set forth the names of at least two persons as references. 
If such applicant is a corporation, such statement shall set forth the names 
of the oflficers and directors thereof and the length of time such corpora- 
tion or any of its oncers have been engaged in the theatrical business and 
the amount of its paid-up capital stock. If any allegation in such written, 
verified statement is made upon information and belief, the person verifying 
the statement shall set forth the sources of his information and the 
grounds of his belief. Such statement so on file shall be kept for the 
benefit of any person whose services are sought by any such applicant as 
employer. , 

§ 181. Card to be furnished to applicant for employment. — Every such 
licensed person shall give to each applicant for domestic or commercial em- 
ployment a card or printed paper containing the name of the applicant, the 
name and address of such employment agency and the written name and 
address of the person to whom the applicant is sent for employment; kind 
of services to be performed; rate of wages or compensation; the time of 
such services, if definite, and if indefinite, to be so stated; and the name 
and address of person authorizing the hiring of such applicant, and the cost 
of transportation if the services are required outside of the city where such 
agency is located. 

§ 182. £mplo3ane'nt contract. — A licensed person shall not induce or 
attempt to induce any employee to leave his employment with a view to 
obtaining other enjployment through such agency. Whenever such licensed 
person or any other acting for him, agrees tb send one or more persons to 
work as contract laborers in any one place outside the city in which such 
agency is located, the said licensed person shall file with the mayor or 
commissioner of licenses, within five days after the contract is made, a state- 
ment containing the following items: Name and address of the employer; 
name and address of the employee; nature of the work to be performed, hours 
of labor; wages offered, destination of the persons employed, and terms of 
transportation. A duplicate copy of this statement shall be given to the ap- 
plicant for employment, in a language which he is able to understand, before 
he leaves the city. 

§ 183. Theatrical employment; contracts. — Every licensed person who 
shall procure for or offer to an applicant a theatrical engagement shall have 
executed in duplicate a contract containing the name and address of the 
applicant; the name and address of the employer of the appli- 
cant and of the person acting for such employer in employing such 
applicant; the time and duration of such engagement; the amount to be 



302 'New Yoek State Department of Labob. 

paid to such applicant; the character of entertainment to be given or ser- 
vices to be rendered; the number of performances per day or per week that 
are to be given by said applicant; if a vaudeville engagement, the name of 
the person by whom the transportation is to be paid, and if by the ap- 
plicant, either the cost of the transportation between the places where said 
entertainment or services are to be given or rendered, or the average cost 
of transportation between the places where such services are to be given 
or rendered; and if a dramatic engagement the cost of transportation to 
the place where the services begin if paid by the applicant; and the gross 
commission or fees to be paid by said applicant and to whom. Such contracts 
shall contain no other conditions and provisions except such as are 
equitable between the parties thereto and do not constitute an unreasonable 
restriction of business. The form of such contract shall be first approved 
by the mayor or commissioner of licenses and his determination shall be 
reviewable by certiorari. One of such duplicate contracts shall be delivered 
to the person engaging the applicant and the other shall be retained by the 
applicant. The licensed person procuring such engagement for such appli- 
cant shall keep on tile or enter in a book provided for that purpose a copy 
of such contract. 

§ .184. Inspection of registers, books and records. — All registers, books, 
records and other papers required to be kept pursuant to this article in any 
employment agency shall be open at all reasonable* hours to the inspection 
of the mayor or commissioner of licenses, and to any duly authorized agent 
or inspector of such mayor or commissioner. 

See also power of State Conimissioner of Labor to inspect in H 153 and 155 
of Labor Law, ante. 

§ 185. Fees charged by persons conducting employment agencies. — 1. The 
gross fees of licensed persons charged to applicants for employment as 
lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstresses, 
cooks, waiters, waitresses, scrub- women, laundresses, maid«i, nurses (except 
■professionals), and all domestics and servants, unskilled workers and general 
laborers, shall not in any case exceed ten per centum of the first month's 
wages, and for all other applicants for employment, shall not exceed the 
amount of the first week's wages or salary unless the period of employment 
is for at least one year, and at a yearly salary, and in that event the gross 
fee charged shall not exceed five per centum of the first year's salary, except 
when the employment or engagement is of a temporary nature, not to exceed 
in any single contract one month, then the fee shall not exceed ten per 
centum of the salary paid. 

2. The gross fees of licensed persons charged to applicants for theatrical 
engagements by one or more such licensed persons, individually or col- 
lectively procuring such engagements, except vaudeville or circus engage- 
ments, shall not in any case exceed the gross amount of five per centum 
of the wages or salary of the engagement when the engagement is less than 
ten weeks; and an amount of five per centum of the salary or wages per 
week for ten weeks of a season's engagement constituting ten weeks or 
more. The gross fees charged by such licensed persons to applicants for 
vaudeville or circus engagements by one or more such licensed persons, in- 
dividually or collectively, procuring such engagement, shall not in any case 



Eeport of the Commissioneb of Labob, 1910. 303 

exceed five per centum of tlie salary or wages paid. The gross fees for a 
theatrical engagement, except an emergency engagement, shall be due and 
payable at the end of each week of the engagement, and shall be based on 
the amount of compensation actually received for such engagement, except 
when such engagement is unfulfilled through any act within the control of 
the applicant for such engagement. 

3. A licensed person conducting any employment agency under this article 
shall not receive or accept any valuable thing or gift as a fee or in lieu 
thereof. No such licensed person shall divide or share, either directly or 
indirectly, the fees herein allowed, with contractors, subcontractors, em- 
ployers or their agents, foremen or any one in their employ, or if the con- 
tractors, subcontractors or employers be a corporation, any of the officers, 
directors or employees of the same to whom applicants for employment or 
theatrical engagements are sent. 

4. Any person violating the provisions of this section shall be deemed 
guilty of a misdemeanor and upon conviction of any licensed person for any 
violation thereof shall be subject to a fine of not less than twenty-five dol- 
lars and not more than two hundred and fifty dollars, or imprisonment for 
not more than one year, or both, at the discretion of the court, and the 
mayor or commissioner of licenses shall forthwith cancel and revoke the 
license of such peTrson. 

§ 186. Return of fees. — 1. In case a person applying for help or employ- 
ment of a domestic or commercial employment agency shall not accept help 
or obtain employment through such agency, then the licensed person con- 
ducting such agency shall on demand repay the full amount of the said 
fee, allowing three days' time to determine the fact of the applicant's failure 
to obtain help or employment. If an employee furnished fails to remain 
one week in the situation, a new employee shall be furnished to the appli- 
cant for help if he so elects, or three-fifths . of the fee returned, within four 
days of demand; provided said applicant for help notifies said licensed 
person within thirty days of the failure of the applicant to accept the posi- 
tion or of the applicant's discharge for cause. If the employee is discharged 
within one week without said employee's fault another position shall be 
furnished, or three-fifths of the fee returned to the applicant for employ- 
ment if he so elects. Failure of said applicant for help to notify said 
licensed person that such has been obtained through means other than said 
agency shall entitle said licensed person to retain or collect three -fifths of 
the said fee. 

2. No such licensed person shall send out any applicant for employment 
without having obtained, either orally or in writing, a bona fide order there- 
for, and if it shair appear that no employment of the kind applied for 
existed at the place to which said applicant was directed, the said licensed 
person shall refund to such applicant within three days of demand any sums 
paid by said applicant for transportation in going to and returning from said 
place, and all fees paid by said applicant. 

§ 187. Receipt for fees paid. — It shall be the duty of every such licensed 
person conducting an employment agency to give to every applicant for em- 
ployment from whom a fee shall be received a receipt in which shall be 



304: New York State Department of Labor. 

stated, the name of said applicant, the date and amount of the fee, and the 
purpose for which it was paid, and to every applicant for help a receipt 
stating the name and address of said applicant, the date and amoimt of the 
fee, and the kind of help to be provided. Every such receipt, excepting 
those given by theatrical employment agencies, shall have printed on the 
back thereof a copy of sections one hundred and eighty-five, one himdred 
and eighty-six, one hundred and eighty-seven, in the English language and 
in any language which the person to whom the receipt is issued can under- 
stand. 

§ 188. Copies of law to be posted. — Every licensed person shall post in a 
conspicuous place in each room of such agency sections one himdred and 
seventy- eight, one hundred and eighty, one hundred and eighty-one, one 
hundred and eighty-two, one himdred and eighty-three,' one himdred and 
eighty-five, one hundred and eighty-six, one hundred and eighty-seven and 
one hundred and eighty- nine, of this article, which shall be printed in large 
type in languages in which persons commonly doing business with such office 
can understand. Such printed law shall also contain the name and address 
of the officer charged with the enforcement of this article in such city. . 

§ 189. False or misleading advertisements and information. — No licensed 
person conducting any employment agency shall publish or cause to be 
published any false or fraudulent or misleading information, representa- 
tion, notice or advertisement; all advertisements of such employment agency 
by means of cards, circulars, or signs and in newspapers and other publica- 
tions, and all letter heads, receipts and blanks shall be printed and contain 
the licensed name and address of such employment agent and the word 
agency, and no licensed person shall give any false information, or make 
any false promise or false representation concerning an engagement or em- 
ployment to any applicant who shall register or apply for an engagement or 
employment or help. 

§ 190. Prohibitions as to employment agencies. — No licensed person con- 
ducting an employment agency shall send or cause to be sent any female 
as a servant, employee, inmate, entertainer or performer, or any male as 
an employee or entertainer to any place of bad repute, house of ill- fame, or 
assignation house, or to any house or place of amusement kept for immoral 
purposes, or place resorted to for the purposes of prostitution, or gambling 
house, the character of which such licensed person could have ascertained 
upon reasonable inquiry. No licensed person shall send out any female ap- 
plicant for employment, without making a reasonable effort to investigate 
the character of the employer. Nor shall any such licensed person send any 
female as an entertainer or performer to any place where such female will 
be required or permitted to sell, offer for sale or solicit the sale of intoxi- 
cating liquors to those present or assembled as an audience or otherwise in 
such place or in any rooms or buildings adjacent thereto. No licensed person 
shall knowingly permit any persons of bad character, prostitutes, gamblers,, 
intoxicated persons or procurers to frequent such agency. No licensed per- 
son shall accept any application for employment made by or on behalf of 
any child or shall place or assist in placing any such child in any employ- 
ment whatever in violation of article twenty of the education law, relating 



Repokt of the Commissioner of Labor, 1910. 305 

to compulsory education, and in violation of the labor law. No licensed 
person, his agents, servants or employees shall induce or compel any person 
to enter such agency for any purpose, by the use of force or by taking 
forcible possession of said person's property. No person shall procure or 
offer to procure help or employment in rooms or on premises where intoxi- 
cating liquors are sold to be consumed on the premises whether or not dues 
or a fee or privilege are exacted, charged or received directly or indirectly, 
except in office buildings in which are located cafes and restaurants. For 
the violation of any of the foregoing provisions of this section the penalties 
shall be a fine of not less than twenty-five dollars, and not more' than two 
hundred and fifty dollars, or imprisonment for a period of not more than 
one year, or both, at the discretion of the court. 

§ 191. Enforcement of provisions of this article. — 1. In cities of the 
second and third class and in cities of the first class having a population of 
less than three hundred thousand, this article, so far as it relates to sucii 
cities, shall be enforced by the mayor or an officer appointed by him. 

2. In cities of the first class having a population of three hundred thousand 
or more the enforcement of this article so far as it relates to such cities 
shall be intrusted to a commissioner to be known as a commissioner of 
licenses, who shall be appointed by the mayor, and whose salary, together 
with those of a deputy commissioner, and inspectors to be appointed by 
him, shall be fixed by the board of estimate and apportionment. Said com- 
missioner of licenses and deputy commissioner shall have no other occupa- 
tion or business. The commissioner of licenses shall appoint inspectors, who 
shall make at least bi-monthly visits to every such agency. Said inspectors 
shall have suitable badges which they shall exhibit on demand of any per- 
son with whom they may have official business. Such inspectors shall see 
that all the provisions of this article, so far as it relates to such cities, 
are complied with, and shall have no other occupation or business. 
. 3. Complaints against any such licensed person shall be made orally or 
in writing to the mayor or commissioner of licenses, or be sent in in affi- 
davit form without appearing in person, and reasonable notice thereof, not 
less than one day, shall be given in writing to said licensed person by serving 
upon the licensed person either personally or by leaving the same with the 
person in charge of his office, a concise statement of the facts constituting 
the complaint, and a hearing pursuant to the powers granted to the mayor 
or commissioner of licenses as provided in section one hundred and seventy- 
four shall be had before the mayor or commissioner of licenses within one 
week from the date of the filing of the complaint and no adjournment shall 
be taken for a period longer than one week. A daily calendar of all hearings 
shall be kept by the mayor or commissioner of licenses and shall be posted 
in a conspicuous place in his public office for at least one day before the 
date of such hearings. The mayor or commissioner of licenses shall render 
his decision within eight days from the time the matter is finally submitted 
to him. Said mayor or commissioner of licenses shall keep a record of all 
such complaints and hearings. The said mayor or commissioner of licenses 
may refuse to issue and shall revoke any license for any good cause shown, 
within the meaning and purpose of this article and when it is shown to the 



306 I^Ew YoKK State Department of Labor. 

satisfaction of the mayor or commissioner of licenses that any licensed 
person is guilty of any immoral, fraudulent or illegal conduct in connection 
with the conduct of said business, it shall be the duty of the mayor or the 
commissioner of licenses to revoke the license of such person; but notice 
of the clilarges shall be presented and i-easonable opportunity shall be given 
said licensed person to defend himself. Whenever said mayor or commis- 
sioner of licenses shall refuse to issue or shall revoke the license of an em- 
ployment agency, said determination may be reviewed by certiorari. When- 
ever for any cause such license is revoked, said mayor or commissioner of 
licenses shall not issue another license to said licensed person or his repre- 
sentative or to any person with whom he is to be associated in the business 
of furnishing employment, help or engagements. In the absence of the com- 
missioner of licenses, the deputy commissioner of licenses may conduct hear- 
ings and act upon applications for licenses, and revoke such licenses. 

§ 192. Penalties for violations.— The violation of any provision of this 
article except as otherwise provided in this article shall be punishable by a 
fine not to exceed twenty- five dollars, and any city magistrate, police justice, 
justice of the peace, or any inferior magistrate having original jurisdiction 
in criminal cases, shall have power to impose said fine, and in default of 
payment thereof to commit the person so oflfending for a period not exceed- 
ing thirty days. The said mayor or commissioner of licenses or any person, 
his agent or attorney, aggrieved because of the violations of this article 
shall inetitute criminal proceedings for its enforcement before any court 
of competent jurisdiction. 

REGTTLATZKO THE SALE OE TRANSPORTATION TICKETS AND THE TAXIVO 

or DEPOSITS. 

Getceral Business Law, Chapter 20 of the Consolidated Laws. 

article: 10. 

[As Amended by L. 1910, ch. 349, in effect Sept, 1, 1910.] 

Ticket Agrents. 

Section 150. Licenses to sell transportation tickets or orders for transporta- 
tion, to or from foreign countries. 

151. Bonds. 

152. Revocation of licenses. 

153. Penalties for conducting business without license, et cetera. 

154. Discharge and renewal of bonds. 

§ 150. Licenses to sell transportation tickets or orders for transportation, 
to or from foreign countries. — No person, firm or corporation, other than rail- 
road companies or transatlantic steamship companies or the agents of such 
railroad companies or steamship companies duly appointed in writing, shall 
hereafter engage within this state in the sale of steamship tickets or orders 
for transportation to or from foreign countries^ without having first procured 
a license to carry on such business from the comptroller. Such license shall 
be granted on an application designating the place where the business for 
which a license is sought is to be carried on, and shall be accompanied by sat- 
isfactory proof by affidavit of good moral character. Such license shall be 
granted upon the payment to the comptroller of a fee of twenty-five dollars, 
and shall be renevved on payment of a like fee annually. Every license shall 



Report of the Commissioner of Labor, I&IO. 307 

contain the name of the licensee, a designation of the city, street and num- 
ber of the house in which the licensee is authorized to carry on business, and 
the number and date of such license. Such license shall not be transferred 
or assigned, nor authorize the transaction of business at any place other 
than that designated in the license, except with the written approval of the 
comptroller. The license shall run to the first day of September next ensu- 
ing the date thereof, and no longer, unless sooner revoked by the comptroller. 

§ 151. Bonds. — The comptroller shall require the applicant for a license 
to file with the application therefor a bond, in due form, to the people of the 
state of New York, in the penal sum of two thousand dollars, in cities' uf the 
first class, and of one thousand dollars in all other localities, with two or 
more sufficient sureties, who shall be freeholders within the state of New 
York, conditioned that the obligor will duly account for all moneys received 
for steamship tickets or orders for transportation to or from foreign coim- 
tries, and that the obligor will not be guilty of any fraud or misrepresenta- 
tion to any purchaser of such tickets or orders. The bond of a surety com- 
pany approved by the comptroller, or cash, may be accepted in lieu of surety. 
The comptroller shall keep a book: or books wherein shall be entered in alpha- 
betical order all licenses granted and all bonds received by him as provided 
in this article, the date of the issuance of said lincenses and of the filing of 
such bonds, the name or names of the principals, with a statement of the 
place of business, and the names of the .sureties upon the bonds so filed, 
which records shall be open to public inspection. A suit to recover on the 
bond required to be filed under the provisions of this article may be brought 
by or/ on the relation of «any party aggrieved in a court of competent juris- 
diction, and in the event that the obligor on said bond has been guilty of 
fraud or misrepresentation, may be enforced by the comptroller in the name 
of the people of the state of New York to recover the full penalty thereof. 
The fees received for the issuance of any license provided for in this article 
and the money reserved as the penalty on any bond, enforced by the comp- 
troller, shall be paid into the state treasury, to be used to defray the mis- 
cellaneous expenses of the comptroller. 

§ 162. Revocation of licenses. — In the event that any licensee shall be 
guilty of any fraud or misrepresentation, or shall fail to account for any 
moneys paid in connection with the sale of any ticket or order for transpor- 
tation by steamship, the comptroller shall be empowered, on giving such 
notice to the licensee as he shall deem sufficient, and an opportunity to an- 
swer any charges made against such licensee, to revoke the license under 
which such business shall be carried on. 

§ 153. Penalties for conducting business without license, et cetera. — Any 
person, firm or corporation carrying on the business specified in this article 
without having obtained from the comptroller a license therefor, or who 
shall carry on such business after the revocation of a license to carry on 
such business, shall be guilty of a misdemeanor. 

§ 154. Discharge and renewal of bonds. — The provisions of section twenty- 
nine-a of this chapter as to discharge and renewal of bands shall be appli- 
cable to any bond given pursuant to this article. 

Cf. i 29-a under Regulation of Private Banking below. 

Ch. 348 of L. 1910 (see below) repealed old auticle 10 but spociflcd that such 
repeal should not affect any existing or accrued right or liability. 



308 New York State Department of Labor. 

Penal Law, Chapteb 40 of the Gonboudated Laws. 

f 1563. Advertising as agent, without written anthorication; false or mis- 
leading information. — No person issuing, selling or offering to sell any pas- 
sage ticket or any instrument giving or purporting to give any right, either 
absolutely or upon any condition or contingency, to a passage or conveyance 
upon any vessel, or a birth or stateroom in any vessel, shall hold himself out 
to be or advertise himself in any way as the agent of the owners or con- 
signees of such vessel or line, unless he has received authority in writing 
therefor, specifying the name of the company, line or vessel for which he is 
authorized to act as agent and the city, town or village, together with the 
street, and street number in which his office is kept for the sale of tickets, 
and unless such written authorization is conspicuously displayed in such 
office. Provided that this section shall not apply to the sale of passage tickets 
on board any such vessel or to the offices of the actual owners or consignees 
of siich vessel. 

No person issuing, selling or offering to sell any such passage ticket or 
instrument giving or purporting to give any such right to passage or con- 
veyance shall give any false or misleading information in regard to said pas- 
sage ticket or instrument or line over which such passage is sold, or as to 
his agency for such line or vessel. 

§ 1564. Issuance of order or other instrument securing passage by vessel 
from foreign port to this state;* what to contain. — No person agreeing to 
furnish or secure for any other person, for a consideration, passage by vessel 
from any foreign port to any port in this state shall issue any advice, order, 
certificate or other instrument purporting to entitle one or more persons to a 
passage ticket or other evidence of a right of passage, unless every such advice, 
order, certificate or instrument shall be signed or coimtersigned by a duly 
appointed agent as provided in section fifteen hundred find sixty-three, of the 
vessel or line over which said advice, order, certificate or other instrument 
is held out to be good to secure such .passage ticket or other evidence of a 
right of passage. Every such order, advice, certificate or other instrument 
and every receipt for money paid for or on account of any such advice, 
order, certificate or other instrument, shall contain a statement of the amount 
paid or to be paid for such passage; the name, address and age of the person 
for whom intended; the name of the company or line, if any, to which the 
vessel on which passage is to be made belongs; the place from which such 
passage is to commence; the place where such passage is to terminate; the 
name of the person purchasing such advice, order, certificate or other instru- 
ment, and such advice, order, certificate or other instrument must be signed 
by the person who issues it. 

§ 1565. Punishment for violation of two preceding sections. — Any person 

violating any of the provisions of section fifteen hundred and sixty-three, or 

fifteen hundred and sixty-four, shall be guilty of a misdemeanor and for a 

second or further violation shall be guilty of a felony. 

As to protection of immigrants against possible extortion or ill-treatment <m tbe 
part of transportation companies, see Penal Law, S 1561. which fixes a maximum 
rate of 1^ cents per mile. 



Eepobt of the Commissioner of Labor, I&IO. 309 



BEGXTLATIVG PRIVATE BANKING. 

General Business Law. CHAPiEat 20 of the Consolidated Laws. 

article: 3-a. 

[As added hy L. IWO, ch, a48, in effect September 1, 1910.] 

Private Banklner. 

Section 25. Licenses, bonds and de>poslts. 

26. Books to be kept and records to be niade ; revocation of licenses. 

27. Penalties for conducting buRiness witbout license, et cetera. 

28. Perjury. 

20. Penalty for failure to make reports.' 

29-a. Discharge and renewal of bonds, substitution of securities, et cetera. 

29-b. Burden of proof In actions against licensee. 

29-c. Time within which money is to be transmitted. 

29-d. Exceptions. 

29-e. Construction of this article. 

29-f. Additional penal provision. 

29-g. Bureau of licenses. 

• 

§ 25. Licenses, bonds and deposits. — Except as provided in section twenty- 
nine-d, no individual or partnership shall hereafter engage directly or indi- 
rectly in the business of receiving deposits Of money for safe-keeping or for 
the purpose of transmission to another or fOr any other purpose in cities of 
the first class without having first obtained from the comptroller a license to 
engage in such business. Before receiving such license the applicant there- 
for shall file with the comptroller a written statement in the form to be pre- 
scribed by the comptroller and verified by the individual or members of the 
firm making the application, showing the amount of the assets and liabilities 
of the applicant, designating the place where the applicant proposes to en- 
gage in business, that the applicant has been, or if the applicant shall con- 
stitute a partnership, that a majority of the members thereof having a con- 
trolling interest in the business of such partnership have been continuously 
for a period of five years immediately preceding the date of such applica- 
tion resident in the United States. Such applicant shall at the same time 
deposit with the comptroller ten thousand dollars in money or in securities 
which shall consist of bonds of the United States, of this state or of any 
municipality thereof, or other bonds approved by the comptroller, and if a 
deposit of securities shall be so made in lieu of ten thousand dollars in 
money, the comptroller shall thereafter require the applicant to maintain 
such deposit at all times at a value which shall equal the sum of ten thou- 
sand dollars. In addition thereto there shall be presented to the comptroller 
a bond to the people of the state of New, York executed by the applicant 
and by a surety company approved by the comptroller, conditioned upon the 
faithful holding of all moneys that may be deposited with the applicant, in 
accordance with the terms of the deposit and the repayment of such moneys 
so deposited and upon the faithful transmission of any money which shall 
be delivered to such applicant for transmission to another, and in the event 
of the insolvency or bankruptcy of the applicant, upon the payment of the 
full amount of such bond to the assignee, receiver or trustee of the appli- 
cant, as the case may require, for the benefit of the persons making such 
deposits and of such persons as shall deliver money to the applicant for 
transmission to another. The penalty of the bond shall be a sum fixed by 
the comptroller, which shall not be more than fifty thousand dollars nor less 



310 New Yobk State Department of Labor. 

tlian ten thousand dollars. In lieu of the aforesaid bond the applicant may 
deposit and the comptroller shall accept, money and securities of the char- 
acter above described. The money and securities so deposited shall be held 
on the conditions specified in the aforesaid bond. If securities be deposited 
in lieu of the aforesaid bond, and be accepted as hereinafter provided, the 
comptroller shall require the applicant to maintain such deposit at a value 
equal to the amount fixed as the penalty of the bond in lieu of which such 
money and securities shall be so deposited. Upon the receipt of such applica- 
tion the comptroller shall cause to be posted upon a bulletin to be main- 
tained by him in his office in a place accessible to the general public, at noon 
of the succeeding Friday the name of the applicant and whether individual or 
partnership, and the proposed business address designated in the application. 
After notice of the application shall have been so posted for a period of two 
weeks he may in his discretion approve or disapprove the application. In 
the event of his approval he shall accept the money, securities and bond, if 
there be one, and hold them for the purposes herein set forth, and shall issue 
a license authorizing the applicant to carry on the aforesaid business at the 
place designated in the application and to be specified in the license cer- 
tificate. For such license the licfensee shall pay a fee of fifty dollars. Such 
license shall not be transferred or assigned. It shall not authorize the trans- 
action of business at any place other than that described in the license cer- 
tificate, except with the written approval of the comptroller. Immediately 
upon the receipt of the license certificate issued, by the comptroller pursuant 
to this article the licensee named therein shall cause such license certificate 
to be posted and at all times conspicuously displayed in the place of busi- 
ness for which it is issued, so that all persons visiting such place may read- 
ily see the same. It shall be unlawful for any person or partnership holding 
such license certificate to post such certificate or to permit such certificate 
to be posted upon premises other than those designated therein or to which 
it has been transferred pursuant to the provisions of this article, or know- 
ingly to deface or destroy any such license certificate. It shall be estab- 
lished to the satisfaction of the comptroller in accordance with rules and 
regulations by him prescribed, that an unexpired license certificate issued 
in accordance with the provisions of this article has been lost or destroye'i 
without fault on the part of the holder, the comptroller shall issue a dupli- 
cate license therefor. The money and securities deposited with the comp- 
troller as herein provided and the money which in case of default shall 
be paid* on the aforesaid bond by any applicant or the surety thereof, shall 
constitute a trust fund for the benefit of the depositors of the licensee and 
of such persons as shall deliver money to such licensee for transmission 
to another, and such beneficiaries shall be entitled to an absolute preference 
as to such money or securities, over all general creditors of the licensee. 
Such money and securities shall in the event of the insolvency or bank- 
ruptcy of the licensee be delivered by the comptroller on the order or judg- 
ment of a court of competent jurisdiction to the assignee, receiver or trus- 
tee of the licensee designated in such order or judgment. The comptroller 
shall keep a book or books in which the licenses granted and the bonds filed 
shall be entered in alphabetical order, together with a statement of the date 
of the issuance of the license, the name or names of the principals,' the place 



Report of the Commissioner of Labor, 1910. 311 

where the business licensed is to be transacted .and the name of the surety 
company upon the bond filed, and the amount of all moneys and a descrip- 
tion of all securities deposited, which record shall be open to public inspec- 
tion. The comptroller shall cause to be printed annually on the first day of 
January and distributed upon application, a list of all licenses granted and 
remaining unrevoked. The comptroller shall from time to time pay over to 
each such licensee all moneys received by him as interest upon any moneys 
or securities deposited in accordance with the provisions of this article. 

§ 26. Books to be kept and records to be made; revocation of licenses. — 
Each licensee shall keep books of account showing full and complete records 
of all business transacted and a full statement of all assets and liabilities, 
and shall four times in each year as of such days as the comptroller shall 
designate by a notice to be posted on the bulletin in his ofiice and by written 
notice delivered at the place of business of such licensee or deposited in the 
post-ofi&ce in a postpaid wrapper directed to him at such place of business, 
file in the comptroller's office within ten days after the date of such notice, 
a written statement under oath in such form as shall be prescribed by the 
comptroller, showing the amount of the assets and liabilities of the licensee, 
which report shall be accessible to the public at all reasonable times. The 
license issued shall be revocable at all times by the comptroller for cause 
shown, and in the event of such revocation or of a surrender of such license, 
no refimd shall be made in respect of any license fee paid under the provisions 
of this article. Every license certificate shall be surrendered to the comp- 
troller within twenty- four hours after notice in writing to the holder that 
such license has been revoked. In case of the revocation of such license the 
money and securities and the bond, if there be one, received from the licensee, 
shall continue to be held by the comptroller, until otherwise directed by the 
order or judgment of a court of competent jurisdiction. 

1§ 27. Penalties for conducting business without license, et cetera. — Any 
person or partnership carrying on the business specified in section twenty-five 
of this article without having obtained from the comptroller a license there- 
for, or who shall carry on such business after the revocation of a license to 
carry on such business, or who, without such license shall, on any sign, 
letterhead, advertisement or publication of any kind use the word "bank- 
ing" or "banker" or any equivalent term, in any language, in connection 
with any business whatsoever, or who shall fail to display the license certifi- 
cate as provided in section twenty-five hereof, or who shall fail to keep 
books of account or to make the reports as herein provided, or who shall 
adviertise or publish in any manner whatsoever, either orally or in writing, 
any statement intended to convey or actually conveying the idea or impres- 
sion that such licensee is in any way under the supervision of this state or 
of any officer thereof, or that this state or any officer thereof has passed in 
any way whatsoever upon the responsibility, solvency or qualifications of 
such licensee to engage in such business, or that this state or any officer 
thereof has examined any accounts of said licensee or has in any way certi- 
fied that such licensee is in any way a fit person to carry on such business, 
shall be guilty of a misdemeanor. 

§ 28. Perjury. — ^Any person who in any application for a license presented 
to the comptroller, or in any report made under this article, shall swear 



312 New Yoek State Depabtment of Labob. 

falsely as to the amount of the assets or liabilities of the applicant, or as to 
the amount of the assets or liabilities of a licensee, or in any other particular, 
or in any affidavit made under section twenty -nine-d of this article shall 
swear falsely as to any fact therein stated, is guilty of perjury. 

§ 29. Penalty for failure to make reports.— Any person or partnership whp 
shall fail to make any report required by this article within the time speci- 
fied for the same, shall forfeit to the people of the state of New York the 
sum of one hundred dollars for every day that such report shall be delayed or 
withheld. The money forfeited under this section shall be recovered in an 
action brought in the name of the people of the state, and with all moneys 
received as fees for the issuance of the licenses provided for herein shall be 
paid into the state treasury to the credit of the general fund. 

§ 29-a. Discharge and renewal of bonds, substitution of securities, et cet- 
era. — The surety in a bond given pursuant to this article may give notice 
to the comptroller in writing requesting to be released from responsibility on 
account of any future breach of the condition of the bond, and that the 
principal in the bond be required to give a new surety, and thereupon the 
comptroller shall give notice in writing directed to the principal upon said 
bond at the place designated by him for the transaction of business requir- 
ing him within ten days from a day therein specified to file a new bond in 
the form required therein with a new surety, approved by the comptroller, or 
money or securities in lieu thereof, and upon the filing of such new bond or 
such money or securities in lieu thereof within the time specified, but not 
before, the surety upon the old bond' shall be discharged from liability upon 
the bond given by it for any subsequent act or default of the principal. 
Whenever money or securities are deposited with the comptroller pursuant to 
this article, he may in his discretion permit the substitution of securities for 
money, or of money for securties, in whole or in part, or of money or securi- 
ties for any bond, or of a bond for money or securities deposited (other than 
the money or securities of the value of ten thousand dollars which the licensee 
is required by section twenty- five hereof to keep at all times on deposit 
with the comptroller), or the withdrawal of securities deposited and the 
substitution of others of equal value in their place, and if the total value 
of securities become substantially impaired he shall require the deposit of 
money or additional securities sufiicient to cover the impairment in value. 
In the event of the failure of such principal to file a new bond or such money 
securities in lieu thereof, or to deposit money or additional securities to 
cover any impairment of value of securities theretofore deposited, within 
the time specified, the comptroller shall forthwith revoke the license of 
such principal. In the event that the licensee shall at any time discontinue 
the business licensed or with respect to which a bond shall have been filed 
or money or securities shall have been deposited pursuant to this article, 
the comptroller on the order or judgment of a court of competent jurisdic- 
tion, may cancel the bond filed by the licensee and return to the licensee all 
moneys and securities deposited. 

§ 29-b. Burden of proof in actions against licensee. — In an action against 
a licensee to recover money deposited with such licensee for transmission, 
the burden of proving the transmission to and receipt of the money by the 
person to whom such money is directed to be paid shall be upon the licensee 



Report of the Commissioner of Labor, 1910. 313 

to whom such money was delivered for transmission. Proof by a properly 
authenticated affidavit of such licensee or his duly authorized agent, showing 
the transmission of such money to the person to whom the same was to 
be transmitted, or to the correspondent of the licensee to whom such money 
may have been transmitted for payment to the person to whom such money 
was to be paid, together with a properly authenticated receipt signed by the 
consignee of such money, or in lieu of such receipt a properly authenticated 
affidavit of tne agent of the licensee showing the fact of payment, shall be 
deemed sufficient evidence to shift, the burden of proof to the plaintiff. 

I 20-c. Time within which money is to be transmitted. — All moneys 
received for transmission to a foreign country by any licensee 'shall be for- 
warded to the person to whom the same is directed to be transmitted within 
five days after the receipt therof, and every person who shall fail to so for- 
ward the same, within the time specified, shall be guilty of a misdemeanor. 

§ 29-d. Exceptions. — The foregoing 'provisions shall not apply (1) to any 
corporation or " individual banker " authorized ' to do business under the 
provisions of the banking law, nor to any association organized under the 
national banking act; nor (2) to any hotel-keeper who shall receive money 
for safe- keeping from a guest; nor (3) to any express company or telegraph 
company receiving money for transmission; nor (4) to any individual or 
partnership receiving money on deposit for safe- keeping or for transmission 
to others, or for any other purpose, where the average amount of each sum 
received on deposit, or for transmission, by such individual or partnership 
in the ordinary course of business, during the fiscal year precedfng the 
date of the affidavit hereinafter specified, shall not be less than five hun- 
dred dollars, proof of which fact by affidavit to the satisfaction of the 
comptroller shall be made by the individual or a member of the partnership 
seeking exemption hereunder, whenever therieunto requested by the comp- 
troller; nor (6) to Any individual or partnership who would otherwise be 
required to comply with section twenty-five of this article who shall file 
with the comptroller a bond in the sum of one hundred thousand dollars, 
approved by the comptroller as to form and sufficiency, for the purpose and 
conditioned as in said section prescribed, where the business is conducted in 
a city having a population of one million or over and if conducted elsewhere 
in the state such bond shall be in the sum of fifty thousand dollars; or in 
lieu thereof money or securities approved by the comptroller of the same 
amoimt. The provisions of section twenty-nine- a shall be applicable to such 
bond, or deposit of money or securities. 

§ 29-e. Construction of this article. — Nothing in this article contained 
shall be construed to require the comptroller to make any inquiry or ex- 
amination as to the responsibility or solvency of any applicant for a license 
or of any licensee hereunder. 

§ 29- f. Additional penal provision. — Any licensee who shall violate any 
of, the provisions of this article the violation of which has not hereinbefore 
been expressly made a misdemeanor, or a felony, shall be guilty of a 
misdemeanor. 

§ 29-g. Pureau of licenses. — The comptroller shall establish a license 
bureau for the purpose of complying with the provisions of this article. 

Section 153 of the Labor Law, ante, makes it the duty of the Commissioner of 
Labor to co-operate in the enforcement of this law. 



314 New York State Depabtment of Labor. 

kaxino fbaxtd bt a votaby a kibdelfeanob. 
Penal Law, Chapteb 40 of the Consolidated Laws. 

§ 18i20-a. Subd. L Any person who holds himself out to the public as being 
entitled to act as a notary public or commissioner of deeds, or who assumes, 
uses or adverti^ies the title of notary public or commissioner of deeds, or 
equivalent terms in any language, in such a manner as to convey the im- 
pression that he is a notary public or commissioner of deeds without hav- 
ing first been appointed as notary public or commissioner of deeds, or 

Subd. 2. A notary public or commissioner of deeds, who in the exercise 
of the powers, or in the performance of the duties of such office shall prac- 
tice any fraud or deceit, the punishment for which is not otherwise provided 
for by this act, shall be guilty of a misdemeanor. [As added ly L. 1910, 
ch. 471, in effect September 1, 1910.] 

See provision for investigation of complaints concerning notaries by Commis- 
sioner of Labor in § 153 of the liabor La\r, ante. 

LICENSING OF 8A1L0B8' BOABDINO HOUSES. 

Laws or 1882, Chapter 410 (The New York City Consolidation Act). 

§ 2069. It shall not be lawful for any person, except a pilot or public officer, 
to board, or attempt to board, a vessel arriving in the port or harbor of New 
York before such vessel shall have been made fast to the wharf, without first 
obtaining leave from the master or person having charge of such vessel, or 
leave in writing from her owners or agents. 

§ 2070. It shall not be lawful for any person to board or attempt to board 
any vessel arriving in or lying or being in the harbor or port of New York, 
with intent to supply liquors by sale, gift or otherwise, directly or indirectly, 
to any member of the crew employed on board of such vessel. [A« am'd hy 
L. 1909, ch. 353.1 

§ 2071. It shall not be lawful for any person having boarded any vessel in 
the port of New York, to neglect or refuse to leave said vessel after having 
been ordered so to do by the master or person having charge of such vessel. 
[As am'd by L, 1909, ch. 363.] 

§ 2072. It shall not be lawful for any person to keep, conduct, or carry on, 
either as owner, proprietor, agent, or otherwise, any sailors' boarding-house or 
sailors* hotel in the city of New York, without having the license in this chap- 
ter provided. 

§ 2073. It shall not be lawful for any person not having the license in this 
chapter provided, or not being the regular agent, runner, or employee of a 
person having such a license, to invite, ask, or solicit, in the eity or harbor of 
New York, the boarding or lodging of any of the crew employed on any vessel. 

§ 2074. There is created a board denominated a board of commissioners for 
licensing sailors' liotels or boarding-houses in the city of New York oonsisting 
of one person selected by each of the following corporate bodies or associations, 
respectively, to-wit: The Chamber of Commerce of the State of New Yoi;Jc; 
the American Seamen's Friend Society in New York; the New York Board of 
Underwriters; the Marine Society of New York; the Society for Promoting 
the Gospel Among Seamen in the Port of New York; the New York Maritime 
Association of the Port of New York; the Seamen's Church Institute of New 



Report of the Commissioner of Labor, IWO. 315 

York; the ' Seamen's Christian Association of the City of New York, and St. 
Peter's Union for Catholic Seamen, [As am'd by L, 1909, ch, 353.] 

§ 2075. Such board shall take the application of any person applying for a 
license to keep a sailors' boarding-house, or sailors' hotel, in the city of New 
York, and upon satisfactory evidence to them of the respectability and com- 
petency of such applicant, and of the suitableness of his accommodations, shall 
issue to him a license, which shall run to the first Tuesday of May next 
ensuing the date thereof and no longer, unless sooner revoked by said board, to 
keep a sailors' boarding-house in the city and to invite and solicit boarders 
for the same within the limitations 'of the state and federal laws relating 
thereto. [As am*d by L. 1909, ch. 363.] 

§ 2076. Such board may, upon satisfactory evidence of the disorderly char- 
acter of any sailors' hotel or boarding-house, licensed as hereinbefore provided, 
or of the keeper or proprietor of any such house, or of any force, fraud, deceit, 
or misrepresentation in inviting or soliciting boarders or lodgers for such 
house, on the part of such keeper or proprietor, or of any of his agents, run- 
ners, or employees, or of any attempt to persuade or entice or force any of the 
crew to desert from or to serve involuntarily on any vessel in the harbor of 
New York, by such keeper or proprietor, or any of his agents, runners, or 
employees, revoke the license for keeping such house after notice to the licensee 
and a hearing thereon and each member of said board is hereby authorized to 
administer oaths and take and receive evidence in all matters provided for 
herein. [A^ am'd by L. 1909, ch. 353.1 

§ 2077. Every person receiving the license hereinbefore provided for shall 
pay to the boai'd of commissioners aforesaid the sum of twenty-five dollars for 
each full year and a proportionate amount for a shorter period which amounts 
after deducting the actual expenses of said board incurred in the transaction 
of the business shall be by them applied for the relief of shipwrecked and 
destitute seamen. Said board shall file on or before the second Monday of 
January of each year, in the ofiice of the clerk of the city and county of New 
York, a statement showing the number of licenses issued, the names of persons 
to whom issued, with name and number of the street or house licensed during 
the year preceding, the amount of money received therefor, the amount and 
items of their disbursements, and the amount distributed by them as herein- 
before directed. [As am*d by L. 1909, ch. 353.] 

§ 2078. The said board shall appoint 'a president and secretary and shall 
keep ah ofiioe in the city of New York, and make such by-laws and regulations 
as may be needful for the orderly conduct of its business, not inconsistent 
with the constitution and laws of this state. 

§ 2079. The said board shall furnish to each sailors' hotel or boarding-house 
keeper, licensed by them as aforesaid, one or more badges or shields, on which 
shall be printed or engraved the name of such hotel or boarding-house keeper, 
and the number and street of his hotel or boarding-house; and which said 
badges or shields shall be surrendered to said board upon the revocation by 
them or expiration of any license granted by them as herein provided. 

§ 2080. Every sailors' hotel or boarding-house keeper, and every agent, run- 
ner, or employee of such hotel or boarding-house keepers, when boarding any 
vessel, in the harbor of New York, or when inviting or soliciting the boarding 



316 New York State Department of Labor. 

or lodging of any seaman, sailor, or person employed on any vessel, 'shall wear 
conspicuously displayed the shield or badge referred to in the foregoing section. 

§ 2081. It shall not be lawful for any person, except those named in the pre- 
ceding section, to have, wear, exhibit, or display any sfuch shield or badge to 
any of the crew employed on any vessel with the intent to invite, ask, or 
solicit the boarding or lodging of any of the crew employed on any vessel being 
in the harbor of New York. 

§ 2082. Whoever shall offend against any or either of the provisions con- 
tained in sections two thousand and sixty-nine to two thousand and seventy- 
three, inclusive, or two thousand and eighty or two thousand and eighty-one, 
of this act, and any commissioner appointed under this chapter who shall 
directly or indirectly receive any gratuity or reward, other than as herein pro- 
vided for, or on account of any license under this chapter shall be deemed 
guilty of a misdemeanor. [As arn^d hy L. 1909, ch. 353.] 

§ 2083. The word " vessel," as used in this chapter shall include vessels by 
whatever power propelled. The word " sailor " and the word " seamen " as 
used in this chapter shall include any person not an officer employed on any 
vessel. The word " boarding-house '* as used in this chapter shall include a 
house where both board and lodgings are given^ or a house where lodgings 
alone are given. The word " hotel " as used in this chapter shall include a 
house where lodgings alone are given or a house wher6 both board and lodgings 
are given. [As am*d hy L. 1909, ch. 353.] 

§ 2084. The president of the trustees of the Seamen's fund and retreat in 
the city of New York shall demand and be entitled to receive, and in case 
of neglect or refusal to pay, shall, in the name of the people of the state of 
New York, sue for and recover the following sums from either the owner or 
owners, or from the master, or from both the owner or owners and master, of 
every vessel from a foreign port; for the master, one dollar and fifty cents; 
for each mate, sailor, or mariner, one dollar. Second, from the master of each 
coasting vessel, from each person on board composing the crew of such vessel, 
twenty- five cents; but no coasting vessel from the state of New Jersey, Con- 
necticut, or Rhode Island shall pay for more than one voyage in each month, 
computing from the first voyage in each year. And the said president may sue 
for the penalties imposed by law on masters of coasting vessels for nonpay- 
ment of hospital money. 



APPENDIX VII. 

OPINIONS OF THE ATTOENEY-OENERAL CONSTRU- 
ING PROVISIONS OF THE LABOR LAW. 

EIGHT-HOUR LAW APPLIES TO PUBLIC WORK IN WATERS OF 

LAKE ONTARIO. 

Albany, Octoher 19, 1909. 

Hon. John Williams, Commissioner of Labor, Alhcmy, N, Y. 

Deab Sir: I have your letter of the 18th inst., in which you ask me the 
following question: 

" * A ' enters into a contract with a municipality in this state for the 
construction of a water system. The construction work by virtue of 
legislative enactment, is subject to certain restrictions as to hours of 
labor, etc., and it is the duty of this Department to enforce such re- 
strictions. Certain operations essential to the conduct .of the work in 
question are performed in the waters of Lake Ontario and therefore 
within the jurisdiction of the United States goverment. The men em- 
ployed leave the jurisdiction of this state and return thereto daily. 
Under these circumstances^ can the Commissioner of Labor exercise his 
authority with respect to the enforcement of the Labor Law without 
the jiu'isdiction of the State of New York?*' 

The question seems to be in substance this : Do the provisions of the 
Labor Law apply to work done in the waters of Lake Ontario, under con- 
tract with a mimicipality ? 

By the State Law, the boundary of this state along Lake Ontario is the 
center of the lake. If the work being done is within this boundary of the 
state, it is my opinion that the provisions of the Labor Law and your 
authority as Commissioner of Labor clearly apply. The exclusive jurisdic- 
tion conferred upon the courts of the United States in admiralty proceed- 
ings and in reference to maritime contracts would not operate to curtail 
the power of the state and the jurisdiction of the state officers in other 
respects. 

Yours respectfully, 

(Signed) EDWARD R. O'MALLEY, 

Attorney-Oeneral. 

EIGHT-HOUR LAW APPLIES GENERALLY TO STATE RESERVATION 

AT NIAGARA FALLS. 

Albany, Jime 16, 1910. 
Hon. John Williams, Commissioner of Labor, Albam^y, "N. T, 

Deab Sib: I acknowledge your letter of the 15th inst., in which you ask 
my opinion as to whether the State Reservation at Niagara is a " state 
institution " within the meaning of the term as used in section 3 of the Labor 

[317] 



318 New York State Department of Labor. 

Law, where it provides that "nothing in this section shall be construed to 
apply to persons regularly employed in state institutions ? " 

It is my opinion that the State Reservation at Niagara is not a state 
institution within the meaning of this language. The Board known as the 
Commissioners of the State Reservation at Niagara is given the control 
and management of the property constituting such reservation. The pur- 
pose of the reservation is to restore the scenery of Niagara Falls and pre- 
serve it in its natural condition free of access to all. (Public Lands Law, 
article IX.) The reservation itself is not an institution in any sense but 
simply a certain parcel of land described in the statute. (Public Lands 
Law, § laS.) 

The mere fact that the persons employed on the reservation are employed 
by a State Commission is not sufficient, in my judgment, to bring them within 
the language above quoted. This is shown by the amendment to this very 
section of the Labor Law made by the Legislature in 190O in adding to the 
above quoted exception in section 3, the following: 

", or to engineers, electricians and elevator men in the department of 
public buildings during the annual session of the legislatiu'e." 

(ch. 298, L. of 1900, amending Ch. 415, L. of 1897, as amended by 
ch. 567, L. of 1899.) 

At the time of this last amendment the employees so specifically excepted 
fiom the operation of § 3" were under the Trustees of Public Buildings, which 
Trustees had control of the Department of Public Buildings. It is evident 
from this amendment that the words "state institutions" were not deemed 
broad enough by the legislature to include the capitol and other public 
buildings under the control of the Trustees of Public Buildings. The amend- 
ment, therefore, is a legislative interpretation of the meaning of these 
words in accordance with the opinion herein rendered. 

Very truly yours, 

(Signed) EDWARD R. O'M ALLEY, 

A ttorney-Qeneral. 

EIGHT-HOUR LAW DOES NOT APPLY TO EMPLOYEES OF STATE 
RESERVATION AT NIAGARA FALLS WHO EXERCISE POLICE 
POWERS. 

Albany, July 26, laiO. 
Hon. John Williams, Commissioner of Labor, Albany, N. Y. 

Dear Sir: I am in receipt of a letter from Acting Commissioner William 
W. Walling asking for my opinion as to the applicability of the Eight- 
Hour Labor Law to certain employees of the State of. New York at the 
State Reservation at Niagara Falls, who have police power and wear uni- 
forms with badges. The enclosure accompanying the letter contains a list 
of employees, among which are those described as police constables, night 
watchmen, ticket men and caretakers, all of whom possess police powers and 
are required to work more than eight hours per day. 



Eeport of the Commissioneb of Labor, I&IO. 319 

The proviaions of the Labor Law under which this question arises are 
sections 2 and 3, which' read as follows : 

" § 2. Definitions — employe. — The term * employe/ when used in this 
section, means a mechanic, Workingman or laborer who works for 
another for hire. * f *." 

" § 3. Hours, to constitute a day's, work.— Eight hours shall constitute 
a legal day's work for all classes of employes in this State except those 
engaged in farm and domestic service unless otherwise provided by 
law. » * ♦." 

Under the above provisions, the answer to your proposition involves the 
determination of whether the employees above referred to are employees 
within the meaning of the Labor Law. It has been held that this provision 
of the Labor Law does not apply to uniformed members of the fire department 
of the City of New York. Under the decisions construing the definition 
of "employe " as used in the above statute, I am clearly of the opinion 
that the Eight-Hour Law does not apply to employees of the State at the 
Niagara Reservation who are performing the duties and have the powers 
of policemen. 

Yours very truly, 

(Signed) EDWARD R. O'MALLEY, 

Attorney-General, 



EIGHT-HOUR LAW DOES NOT APPLY TO REGULAR EMPLOYEES OF 
STATE INSTITUTIONS ENGAGED IN CONSTRUCTION WORK. 

Albany, August 17, 1910. 
Hon. John Williams, Commissioner of Labor, Alha/ny, N, Y. 

Dbab Sib: I have your letter of recent date in which you call my atten- 
tion to the fact that the Labor Law in section 3 provides that eight hours 
shall constitute a day's work for all classes of employees in this state, but 
that this contains a proviso to the effect that persons regularly employed 
in such institutions are not affected thereby. You also call my attention to 
the fact that the Legislatiu'e in the annual appropriation bill provides a 
lump sum for the " maintenance " of such institutions and that out of this 
appropriation are paid the salaries of all persons " regularly employed " 
therein. In addition to this, in special appropriations sum's of money are 
provided for "construction, additions and improvements" at such institu- 
tions. In view of these facts, you ask me whether laborers, workmen or 
mechanics who are " regularly employed " in such institutions and whose 
salaries are paid out of the maintenance funds may be employed by the man- 
agement upon ** construction, additions and improvements " which are paid 
for out of special appropriations, without coming under the general provisions 
of said section 3. 

This question must be answered in the afl^rmative as it assumes the fact 
that these men are " regularly employed " in these institutions. Whether 
or not they come under the provisions of this section depends on the ques- 



320 New Yoek State Dbpabtment of Labor. 

tion of fact in each instance as to whether or not they are regularly employea 
at the institution. ^Keither the nature of the work nor the appropriation 
from which they are to be paid hais any connection with this determination. 

Very truly yours, 

(Signed) EDWARD R. O'MALLEY, 

Attorney-Oeneral. 

VIOLATION OF SEMI-MONTHLY PAY LAW BY A RAILROAD MAY 
NOT BE PUNISHED IN MORE THAN ONE COUNTY. 

Ax3ANY, August 2, 1910. 

William W. Waixing, Esq., Acting Commissioner of Labor, Albany, N, Y. 

Deab Sib: Referring to your letter of the 1st inst., I beg to advise that 
a conviction of a violation of the semi-monthly pay provisions of th^ Labor 
Law in any one coimty of the state for a given month will act as a bar for 
conviction of same offense of the same road in any other county. 

Very truly yours, 

(Signed) EDWARD R. O'MALLEY, 

Attorney-Oeneral, 



INDEX OF THE LABOR LAWS 



ACCIDENTS: Page. 

reporting of, In building work , 154 

in factories 168 

In mines and quarries 182 

railway, inyestigation of 261 

AGREEMENTS for " closed shop," law concerning. 292 

AGRICULTURAL LABOR^ stSitisUcs of 257 

AIR BRAKES on trains 258, 261 

AIR SPACE in factories 168 

ALIEN LABOR LAW 151 

ANIMALS, in bakeries 179 

APPRENTICES, duty of Commissioner of Labor relative to 159 

law relative to , . 269-272 

taking, without consent of guardian 231 

ARBITRATION, MEDIATION AND, Bureau of .189-191 

ARBITRATORS, local 190, 191 

ARMORIES, number and compensation of employees in State 246 

ARREST without lawful authority 294 

ASSIGNMENT QF WAGES 151, 241 

ASSUMPTION OF RISKS, by employees 205 

ATTACHMENT, exemption of mechanics' wages, tools, etc., from 239 

BADGES, for inspectors, etc., in Department of Labor 156 

for newsboys ; 215-216 

unauthorized use of union 289 

BAIL for railway employees in case of accident 266 

BAKERIES AND CONFECTIONERIES. 178-180 

BARBERING on Sunday 233 

BASEMENTS, employment of women and children in 200 

manufacture of certain articles in tenement 175 

used as bakeries 178 

BELTING, guarding of 165 

BELT SHIFTERS 165 

BLACKLISTING 292 

BLASTING, in mines, tunnels and quarries 183, 187 

BLOCK SIGNAL SYSTEM, hours of labor on 149 

BOARDS OF HEALTH, powers and duties with respect to tenement-made 

articles . . 176-177 

enforcement of mercantile law outside of first class dtie® 200 

BOILERS in factories, inspection of 169 

locomotive, inspection of 258 

in mines. Inspection of 181, 185 

in New York City, inspection of 280 

on steamboats, Inspection of 170 

BOYCOTT, law of 291 

BRIBERY of agents or employees 237 

of representatives of labor organizations , 290 

BRICKYARDS, hours of labor in 148 

BRIDGE GUARDS on railroads 258 

BUFFING, employment of women and children at 171 

BUILDING WORK, regulation for safety of employees in 153-155 

BUILDINGS, Inspection of factory 169 

BUREAUS in Department of Labor 156 

factory inspection 158-159 

immigration and industries 191-194 

labor statistics 157-158 

mediation and arbitration 189-191 

mercantile inspection 201 



t 11 



322 K^Ew YoKK State Department of Labob. 

Paoe. 

CABOOSES to have railed platform 260 

CAISSON WORK, hours of labor jn 183 

medical attendance in 184 

regulations for 1 89 

CASH PAYMENT of wagea 150 

CEILINGS, in factory workrooms, to be clean 167 

in bakeries 179 

CELLARS, bakcariea in 178 

CHILDREN, compulsory education of 223-229 

employment of. In factories 160-165, 170 

in mercantile establishments 194-200 

in mines and quarries 183 

in street trades 215-216 

in trades dangerous to health or morals 170, 223-224 

CIVIL SERVICE, the labor class in 245, 247 

 CLOSED SHOP," 292 

" COAL JIMMIES," use of, prohibited 260 

COERCION of employees in elections 238 

In case of shakes 293 

respecting membership in labor unions 290 

COMMISSIONER OP IJ^BOR 155 

deputies 156 

general duties, and powers of 155-159, 180, 185, 191, 201., 202 

COMPANY STORES 150 

COMPENSATION, workmen's, for injuries, compulsory 210-214 

voluntary •. 206-210 

COMPRK-SSED AIR (see Caisson Work). 

COyi»ULSORY EDUCATION 223-229 

CONDUCTORS as policemen 265 

street railway, qualifications of 263 

CONFECTIONERY ESTABLISHMENTS (see Bakeries, etc.) 

(CONSPIRACY 292 

CONTRIBUTORY NEGLIGENCE . .^ 205-206 

CONVICT LABOR .' 251-256 

CONVICT-MADE GOODS 202-204 

COUNSEL, to Department of I>abor '. 157 

COUPLERS, automatic, to be used on freight cars 258, 261 

CI^SPIDORS, in factories 167 

•* CUSTODIAN " of children, defined 172 

DAMAGES FOR INJURIES CAUSING DEATH 236 

DEBT, exemption of tools from attachment for 239 

exemption of wages from attachment for 239 

DEFINITIONS In Labor Law 145, 146, 171, 172 

DEPARTMENT OF LABOR, organization of 155-157 

records of 157 

sub-office of, in New York City 157 

I DISPUTES, law concerning industrial 291-295 

intervention in, by State Bureau 191 

local arbitration boards in 190 

DOORS IN FACTORIES 165, 167 

DRAINAGE AND PLUMBING IN BAKERIES 178 

DRESSING ROOMS in factories 169 

in caisson work 185 

DRINKING WATER, in factories 168 

DRUG CLERKS, hours of 232 

EU.HT-HOUR DAY, on reservoir conistructlon in New York City 250 

EIGHT-HOUR LAW 146-147 

ELEVATORS AND HOISTING SHAFTS in factories, guarding of 165 

operation of, by children 171 

EMPLOYEE, definition of 145 

EMPLOYER, definition of 145 



Index of the Labor Laws. 323, 

• 

Page. 

EMPLOYER'S LIABILITY LAW, general 204-210 

for railroads 235 

EMPLOYMENT AGENCIES, in cities 290-306 

EMPLOYMENT CERTIFICATES of children, in factories 160-163 

in mercantile establishments 195-200 

ENGINEERS, locomotive, qualifications of 263 

eteam, licensing of, in New York City : 280 

steamboat, licensing of 278 

EXHAUST FANS In factories 166 

EXPLOSIVES, use of In mines, tunnels and quarries 181-183, 187 

EXTORTION 293 

FACTORY, definition of 145 

FACTORY BUILDINGS, inspection of 169 

FACTORY INSPECTOR 158 

FACTORY I^W 159 

FEIMAI^E EMPLOYEES (»ee Women). 

FIRB-B8CAPE:S for factories 166-167 

FIREMEN, llcensiniT of stationary, In New York City 283 

FLOORS, in building work, to be planked 154 

in factories, to be clean 167 

In bakeries 179 

garnishes; of wages 239-240 

HIGHWAY WORK, hours and wages outside of cities and villages 147 

hoisting op materials, on outside of buildings 154 

HOISTING SHAFTS, «iclosure of, in building work 154 

in factories 165 

HOISTS, in mines and tunnels 181, 186 

HOLIDAYS, public 232 

HOURS OF LABOR : 

In bakei'ies and confectioneries 178 

brickyards 148 

compressed air work 183 

legal day's work In absence of contract 146 

of block system telegraph and telephone operators 149 

children, minors and women In factories 163-165 

drug clerks In flrst-cla^s cities .'. 232 

messengers 194-195 

minors in mercantile establishments 194 

newsboys 216 

signalmen on railroads 149 

on public work 146-147, 245 

steam railroads 148 

street, surface and elevated railroads 148 

reservoir, construction In New York City 250 

ICE HOUSES using machinery are factories 146 

immigration. Bureau of Industries and 191-194 

INCORPORATION OP LABOR ORGANIZATIONS 287 

INDUSTRIAL DISPUTES 291-295 

INDUSTRIAL EDT^CATION 269-277 

INDUSTRIAL REFORM SCHOOLS 274-276 

INDUSTRIAL TRAINING In the public schools 272-274 

INSPECTION of bakeries : 179 

of boilers in factories 169 

of elevators and hoisting shafts In factories 165 

of factories 159 

of factory buildings 169 

of locomotive boilers 258, 260 

of mines, tunnels and quarries 180, 185 

of scaffolding, etc 153 

of steam boilers, etc.. in mines and tunnels 181 

ot (i^fiin boiler* li^ New York City. , . , , , ,.,,,,,»,...,.•. »280, 88J 



324 New Yobk State Department of Labor, 

• 

inspection (continued) : Page. 

of sweatshops 176 

of tenement-made goods from other states 177 

intimidation in labor disputes 291-292 

of employees as voters 238 

LABELS, union, protection of 152 

LABOR ORGANIZATIONS 286-290 

bribery of representatives of 290 

compelling employees to agree not to join 290 

construction of buildings by 287-288 

discrimination by, against members of national guard 289 

fraudulent representation in 289 

in-corporation of 287 

labels of 152 

emits by or against 286 

LAUNDRIES, special regulations concerning 170 

I*ECTURBS for working people in New York City, free 276 

LIABILITY for personal injuries causing death, civil 236 

".ICENSES to — 

employment agencies in cities 29G-306 

moving-picture machine operators 284 

pilots 278 

plumbers 278-280 

private bankers 309-313 

sailors' boarding-houses 314-316 

sellers of convdct-made goods 202-204 

.statiimery engineers in New York City 281-283 

stationary firemen in New York City 283 

steamboat engineers 278 

tenement houses 173-178 

ticket agents 306-308 

" LIFE AND LIMB LAW " 153 

LIGHTING of factories 166 

LOCKOUTS (see Disputes). 

LOANS, security for usurious 240 

LOCOMOTIVE ENGINES, to be equipped with power brakes 260 

LOCOMOTIVES, steam, care of 260 

LUNCH ROOMS in mercantile establishments 190 

LUNCH TIME in factories 169 

MACHINERY, in factories, cleaning of, by children 171 

in factories, guarding of 165 

in mines and quarries, guarding of 187 

MATERIAL to be manufactured, unlawful to sell or pawn 237 

MEALS in factories, time allowed for 169 

in mercantile establishments 195, 199 

MECHANICS' TOOLS, etc., exempt from attachment 239 

MEDIATION AND ARBITRATION, Bureau of 189-191 

MEDICAL ATTENDANCE In tunnels and caissons 184 

MERCANTILE ESTABLISHMENT, definition of 146 

regulations concerning 194-200 

MERCANTILE INSPECTION, Bureau of 201 

MESSENGERS, regulations concerning 194-199 

prohibited employment of 230 

MINES, TUNNELS AND QUARRIES 180-189 

rules and regulations of Conmiissioner of Ijabor concerning 185-189 

MINORS,* employment in factories 165-165 

hours of labor in factories ; 163-165 

hours of labor In mercantile establLshmonts 194 

not to clean machinery in motion 171 

payment of wages to 231 

unlawful employments of ,..,,,..,.,,..,.,..,,.,,,.,.,,.,, ITl, 203 



• See also " Children." 



Index of the Labob Laws. 325 

Page. 

MOTORMEN, street railway, qualifications of • 263 

MOVING PICTURE MACHINE OPERATORS, licensing of 284 

MUNICIPAL EMPLOYMENT, registration of laborers 247 

MUNICIPAL ORDINANCES, enforcement of, by Commissioner of Labor...... 159 

NATIONAL GUARD, depriving members of employment 293 

members of, discrimination against by labor organizations 289 

NEGLIGENCE, criminal liability for 236 

NEWSBOYS, employment of, regulated 215-216 

NEW YORK CITY : 

barbering on Sunday 233 

boiler inspection 170 

eight-hour day authorized in aqueduct construction 250 

employment agencies, private 206-^06 

engineers, steam, to be licensed 280, 281 

firemen, stationary, to be licensed 283 

hours of labor of drug clerks restricted 232 

hours of labor on street railways 148 

lectures, free, for working people 276 

penal Institutions, employment of inmates of 256 

plumbers, licensing of 270 

sailors' boarding-houses * 308 

vacations of employees of 234 

wage debts, procedure for collection of 243 

wages and salaries of employees of street-cleaning departments. 247 

NIGHT WORK, of chUdren in street trades .215, 216 

of children under 16 in factories s 163 

of children under 16 in mercantile establishments 194 

of women and male minors In factories 163, 164 

of women in mercantile establishments 194 

NOTARIES, fraud by 314 

OWNERS OF TENEMENT HOUSES, not to permit unlawful use 178 

" PADRONE " SYSTEM regulated! 296-306 

PANS In factories to be guarded 165 

PENALTIES, for disregard of law requiring air brakes, etc., on railroads.... 261 

for failure to use automatic couplers 261 

for violation of the Labor Law 220-222 

for violation of wage laws 151 

PICKETING, law of 291 

PILOTS, licensing of 278 

" PINKERTON LAW, ANTI-" 294 

PLANERS to be guarded , 165 

PLUMBERS, licensing of in cities 278-280 

POLICE OFFICERS, special 265 

POLISHING, employment of women and minors at, prohibited i 170 

POSTING OF LAWS: 

in factories 159 

in mercantile establishments 200, 202 

in employment agencies in cities 304 

POWERS, of Commissioner of Labor and deputies, etc 156 

PREVAILING RATE OF WAGES, on public work 146 

PRINTING and photo-engraving by prisoners 253 

PRISON LABOR 251-256 

PRISONERS, employment of in county Jails 255 

employment of in New Yoffk City penal institutions 256 

PRIVATE BANKING, regulation of 309-313 

PUBLIC EMPLOYMENT AGENCIES in cities 296-306 

PUBLIC SERVICE COMMISSION, complaints to 207 

PUBLIC WORK: 

citizens of New York, preference to 151 

cltlzeivs of United States to be employed 151