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Full text of "Annual report of the Commissioner of Labor"

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NEW YORK STAXE DKPARXMKNX Of LABOR 



ELEVENTH ANNUAL REPORT 



COMMISSIONER OF LABOR 



FOR THE TWELVE MONTHS ENDED SEPTEMBER 30 



I9II 



ALBANY 
STATE DBPARTMBNT OF LABOR 



DigmzedbyGoOgle 



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State of New York 



IN ASSEMBLY 



February 5, 1911. 



ELEVENTH ANNUAL REPORT 



COMMISSIONER OF LABOR. 



STATE OF NEW YORK : 

Dbpaetment of Labor, 

Albany, February' 5, 1912. 
To the Legislature : 

Pursuant to law, the annual report of the Commissioner of 
labor for the year ended September 30, 1911, is herewith sub- 
mitted. Appended thereto will be found the general reports of 
certain bureaus of this Department. The latter will be supple- 
mented later by more detailed reports. 

Respectfully, 

JOHN WILLIAMS, 

Commissioner. 



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CONTENTS. 



Letter of transmittal 3 

REPORT OF THE COMMISSIONER. 

PublicatioDS 11 

Offices 11 

Ol^snization of Department of Labor 1^ 

Labor Law on Publio Work 13 

Eight-hour day 14 

Prevailing rate ot wages 15 

Alien labor 17 

InvestigationB 18 

Bureau of Factory loBpection 19 

General field work 20 

Tenement inBpection 20 

Ventilation 22 

S&nitation and safety 22 

Bakeries 24 

Child Ubor 25 

Prosecutiona 25 

Aociidents 26 

Medcal inspection 27 

Tunnel inspection 28 

Mine inspection 29 

Bureau of Labor Statistics 29 

Bureau of Mediation and Arbitration 32 

Bureau of Mercantile Inspection 33 

Bureau of Industries and Immigration 36 

Recommendations 38 

Condu^on 40 

Appendix I. 
FINANCIAL REPORT OF DEPARTMENT. 

Appropriations and expenditures , 43 

Boater of officers and employees, with individual salary and expense accounts ... 45 

Appbmiix II. 
GENERAL REPORT OF BUREAU OP FACTORY INSPECTION. 

Report of the Factory Inspector 50 

Report of Medical Inspector of Factories 69 

Report of Tunnel Inspector 134 

Report of Mine Inspector 140 

Affbmdix hi. 
GENERAL REPORT OF BUREAU OF MEDIATION AND ARBITRA- 
TION 144 

Appendix IV. 

GENERAL REPORT OF BUREAU OF MERCANTILE INSPECTION 158 

151 



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Appendix V. Paob 
INDEX OF BILLS AND LAWS RELATING TO lABOR IN THE LEGISLA- 
TIVE SESSION OF ISll 171 

Appendix VI. 

LABOR LAWS IN FORCE OCTOBER 1, 1911. 

Tbb " Labor Law " (Chap. 31 of the Consolidated Laws) 135 

1. Short title; definitiouB (S6 1, 2) 185 

2. Genaral proviflionB (55 3-21) ., . 186 

3. Department of labor (|§ 40-48) 196 

4. Bureau of labor statlBtics (5| 55-58) 198 

5. Bureau of factory inapection (|S 60-68) 199 

6. Factories {Jl 70-96) 201 

7. Tenement-made articles (JS 100-105) 214 

8. Bakeries and confectioneries (5| 110-114) 219 

9. Mines, tunnels and quarries and their inspection (S| 1^-136) 221 

10. Bureau of mediation and arbitration (|§ 140-148) 231 

10-a. Bureau of industries and immigration (§§ 151-156-a) 233 

11. Employment of women and children in mercantile establishments 

(5§ 160-173) 237 

12. Bureau of mercantile inspection (§5 180-184) 244 

13. CoDvict-made goods and duties of commis^onei of labor relative thereto 

(J5 190-195) 245 

14. Employer's liability (15 200-212) 247 

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

(II 215-319^) 253 

15. Employment of children in street trades (55 220-226} 258 

16. Laws repealed; when to take effect (55 240, 241) 259 

Penaltieb rOR Violation of the Labor Law 263 

Child Labor: 

Educational restrictions 266 

Certwn employments o( children prohibited 272 

Taking apprentice without consent of guardian 273 

Payment of wl^es to minors 274 

Hours op Labor: 

Drug clerks 276 

Pubhc holidays 275 

Sunday labor 276 

Vacations of public employees 277 

DOTIBS AND LlABlLITIEB OF EmPLOTERS AND EUPLOTBES; 

(See aUo Article 14 of Labor Law olmtK.) 

Liability of railway companies for injuries to employees 278 

Damages foi injuries causing death . . . .■ 279 

Criminal liability for negligence 279 

Employees not to dispose of materials furnished , 280 

Corrupt influencing of agents, employees or servants 280 



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Political and Lgoal Riokts anc Priviliioes op Woreinombh^ Page 

Allowing time for employees to vote 281 

Prohibiting coercion of voters by employers 281 

Exemptioas from attachment for debt (ganuHhee law) 282 

Taking Becurity for ubuHoub loans 284 

Assignment of wages 284 

Ordinary exemptions not valid against debts for wages 285 

Making employees preferred creditors 286 

Liability of stockholders for wage debts 286 

Makiog railroad corporations liable for w^es due employees of contractors. 287 

Exempting certain employees from paying costs in suits for wages 287 

Married women's right of action tor wages 288 

Public Work and Pubuc Contbacts: 

Empowering the Legislature to regulate the conditions of employment 

on public work 289 

Laborers employed in the state service 289 

Semi-monthly payment of wages to state employees 289 

Fixing the compensation of employees of state prisons 290 

Filing the compensation of employees of state armories 290 

Registration of laborers for municipal employment 291 

Fixing the compenEation of employees of the street cleaning department 

in New York City 291 

Relief aod pension fund for New York City street cleMiers 293 

Prohibiting the sub-lettiog of public contracts 297 

Securing the payment of w^estoemployeesofcontractorsupon the canals, . , , 298 
Authorizing the eight-hour day on reservoir construction in New York 

City 299 

Prison Labor: 

Occupation and employment of convicts 300 

Employment of prisoners in county jails 304 

Employment of prisoners in New York City prisons 305 

Aoiti CULTURAL Labor: 

Providing for statistics of agricultural employment 307 

Railway Labor: 

Safety of railway employees 308 

Requiring the enclosure of street-car platforms 312 

Qualifications of engineers and telegraphers 313 

Qualifications of street railway conductois, motormen, etc 313 

Employment of intemperate persons on railways and steamboats 314 

Misconduct of employees of elevated railroads 314 

Regulating the wearing of uniforms 315 

Conductors and trainmen as special policemen 315 

Providing for bail of railway employees in case of accident 316 

Unclaimed articles found in public vehicles to be sold for benefit of employees' 

association 316 

Complaints to public service commissions 317 



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Indubtrial Education; Paoi 

The apprentice system 319 

Industrial trninbg in the public Bohoola 322 

Free lectures for working people 324 

LlCEHSlNQ or Trades: 

Licensing of engineers and pilots of vessels 326 

Licensing of chauffBura 326 

Examination and licensing of plumbers in cities 328 

licensing of moviug-piature machine operators 329 

Licensing of steam ei^ineers in New York City 331 

Licensing of stationary firemen in New York City 336 

Tbads Unions: 

Action by or ^^st an unincorporated association 336 

Authorizing the incorporation of labor orgonizatione 337 

Authorizing labor unions to maint^ or oonstruct halls, etc 337 

Forbidding labor unions to discriminate ag^nst membeie of the national 

guard 339 

Preventing fraudulent representation in labor organiiations 339 

Unauthorized use of badges, titleal etc 339 

Forbidding employers to coerce employees in regard to membership in 

labor unions 340 

Making it unlawful to bribe representatives of labor unions 340 

Ihdubthial Dispctes: 

The right to strike; intimidation; picketing; boycotting; blacklisting; ex- 
clusive or " union shop " agreements 341 

Oonspiracy, intimidation, extortion, etc 342 

Anti-Pin kerton law 344 

Rbqolation Of Employment Aobncies, Boabdinq Housbs, Etc.: 

Employment offices in cities 346 

Sale of transportation tickets and receiving of deposits 356 

Regulating private bankii^ 359 

Making fraud by a notary a misdemeanor 365 

Sailors' boarding-houaes to be licensed 395 

Appendix VII. 
OPINIONS OF ATTORNEY-GENERAL IN 1911, CONSTRUING PRO- 
VISIONS OF THE LABOR LAW 368 

Index or the Labor Laws 375 



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ANNUAL REPORT 



COMMISSIONER OF LABOR. 



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EEPOET or THE COMMISSIONER OF LABOK. 

To the Legislature: 

Pursuant to law, I herewith aubmit my annual report for the 
year ended September 30, 1911. As usual there are appended 
hereto the general reports of certain bureaus in the Department 
(to be supplemented later by more detailed reports) together with 
an index of bilU relating to labor introduced in the last session 
of the Legislature, and a compilation of all laws relating to labor 
in force at the close of the year, and copies of opinions construing 
the Labor Law rendered by the Attorney-General during the 
year. 

PuBLICATIONB. 

The following publications, other than circulars, posters, or 
pamphlets of laws for administrative purposes, have been issued 
by the Department during the year: 

Annual Beports for IflOB:* 
Annual Beport of Bureau of Factory Inspection. (August.) 
Annual Beport of Bureau of Mediation and Arbitration. (August.) 
Annual Beport of Bureau of Labor Statistics. (August,) 

Annual Reports for 1910: 

Annual Report of tiie Commissioner of Labor. (February.) 

Quarterly Bulletins: 

No. 46 (March, 1911). 

No. 47 (June, 1911). 

No. 48 (September, 1911). 
Monthly Bulletin of Licensed Tenement Houses (twelve issues) , 
Pamphlet on "Prevention of Aocidento in Great Britain" (reprint of report 

of the Commissioner of Labor to the State Commisaion on Employers' 

Liability, etc.), July. 



Opficks. 

Onee again attention must be called to the condition in our offi- 
cial quarters in the capitol. We are so overcrowded as to affect 

*TbB annual report of the Conuoissionot ot Labor lor 1909 wu published in January, 1910.. 

DigmzedbyGoOglc 



12 New Yokk State Department of Labor. 

quite seriously the efflcieacj of our clerical and statistical force. 
Maximum efficiency cannot be attained when work is done in 
cramped, Ul-ventilated and poorly lighted offices. We have sought 
relief, but our efforts have been unavailing. The legislation of 
1911, which added quite materially to our ^ork, baa aggravated a 
situation that had already become almost intolerable. We must 
have relief. 

When our New York City office at 381 Fourth Avenue was 
leaaed, we hoped tbat it would prove large enough to aoeommodate 
tie various bureaus of the Department for some years to come. 
Such, however, is not the ease. The bureau of industries and 
immigration has been housed practically for a whole year at the 
expense of the chief investigator. It was neither fair nor honor- 
able for the state to permit an enthusiastic, efficient and zealous 
official to bear this burden. I consented to it under protest, realiz- 
ing that my refusal to do so would seriously interfere with the 
plans of the head of the bureau to make the experiment of handling 
immigration problems humanely and scientifically a complete suc- 
cess. I do not regret consenting to the arrangement. The work 
done and results accomplished, which will be discussed in their 
proper order, have fully justified my confidence in the good sense 
and judgment of Miss Kellor. Ample provision must be made 
for official quarters for tbe bureau. At the present time the state 
is paying one-half the rental for the quarters occupied by the 
bureau of industries and immigration. If the Legislature should 
fail to provide the necessary funds bo meet the necessary expenses 
of the bureau, I shall regard such failure as a mandate to curtail 
its activities. This would be a serious blunder and would reflect 
unfavorably upon our people. I sincerely hope it will not bo 
necessary to adopt such a course. 

Oeganization. 
In my report for 1910 I stated that the total force of the 
Department, provided for in the appropriations made in that 
year, was 120, The appropriations of 1911, available on October 
first, provided for a large increase iu our force. When we are 
fully oiganized on the basis of our current appropriations, the 
number on the Department pay-roll will be 160, apportioned as 
follows : 

Digitized byG0<.)g[c 



Eepoet op the CoMMissiorTKB oif Labor, 1911. 13 

AdministTative Branch. — The commieaioJier, an assist&nt or 

counsel, one special agent, a confidential derk, a confidential 
agent, an audit clerk, one stenographer and a page. 

The Bureau of Factory iTispection. — The chief factory in- 
spector (first deputy eommisBioner) , two assistants, mechanical 
engineer, superintendent of licenses, medical inspector of fac- 
tories, two tunnel inspectors, a mine inspector, eight supervising 
factory inspectors, sixty-eight factory inspectors, and eighteen 
clerks or stenographers. 

The Bureau of Labor Statistics. — The chief statistician, three 
senior statisticians, four junior statisticians, one expert, fiv^ 
special agents, four clerks, two atenc^aphers, and a librarian, 

2%e Bureau of Mediation and Arbitration. — The chief medi- 
ator (second deputy commissioner), mediator, two assistant 
mediators, a special agent and one clerk. 

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

The Bureau of Indiistnes and Immigration. — The chief in- 
vestigator, counsel, five special investigators, one stenographer 
and one clerk. 

The Division of Industrial Directory. — The superintendent 
and one clerk. 

Each bureau herein mentioned has diligeotly pursued its 
course throughout the year rendering efficient service in its re- 
spective field and co-operating with the other brsaiohes of the 
Department to the end that the interests otsnmitted to our care 
should in no wise be neglected. The division of industrial di- 
rectory has no history to record, for it came into existence with 
the close of the fiscal year of 1911. 

Labob Law on Public Work. 

Sections 3 and 14 of the Labor Law contain provisions which 
seek to reflate conditions of labor and employment on all public 
■work within the state, exc^t such work as may be under federal 
jurisdiction. The salient points in section 3 are those relating 
to the faouTB of labor of "laborers, workmen or mechanics" em- 
ployed upon public work, and the rate* of wages paid for labor 
so performed. Section 14 prohibits the employment of aliens pp 



14 New Yoke State Department of Labob. 

public work and provides further that preference shall be given 
to citizens of this state. 

The enforcement of these regulations is imposed upon the 
commissioner of labor. The task is by no means easy, nor can it 
be fiaid that the results in eases of alleged violations that have 
been investigated are always satisfactory. This is due to the fact 
that the law fails to define the powers and responsibilities of the 
commissioner of labor. Eepecially is this the case in regard to the 
enforcement of section 3. 

The procedure adopted by the commi&sioner of labor is as 
follows. Systematic inspection of public work is not attempted 
for the obvious reason that no provision has ever been made to 
enable the Department to do so. Investigations are undertaken 
only upon receipt of formal complaints alleging specific viola- 
tions. When a complaint is received 'it is recorded and referred 
to one of the Department attaches, who forthwith conducts an 
investigation. The place of work is visited and all the facta bear- 
ing upon the allegation are ascertained by careful inquiry among 
the persons who are engaged upon such work ; affidavits are taken 
where necessary. In some instances the facts are freely stated 
by the contractor. Under such circumstances, sworn statements 
are unnecessary. If the investigation establishes a violation, the 
course prescribed in section 21 of the law is followed. Notices 
are promptly served upon the offender, and in addition the vio- 
lation is brought to the attention of the officer or board having 
charge of the work, who is charged with a specific duty upon re- 
ceipt of such notice. Supplementing the course laid down in 
section 21, the commissioner of labor, when a violation has been 
established, notifies the disbursing or auditing department of the 
state or municipality, as the ease may be. This is done so that 
the provision in section 3, which prohibits the payment of funds 
on account of any work which in the manner of its performance 
violates said section, may be properly observed and enforced. 

EIQHT-HOUE DAY. 

Bearding violations of the eight-hour law this procedure 
works fairly well, for it is comparatively easy to find whether or 
not the men engaged on a given piece of work have been required 



byCoOglc 



Eepoet of the Commissiosee op Labob, 1911. 15 

or permitted to exceed liie legal limit of eight hours in one 
calendar day. If the employer attempts to justify such excess 
on the ground of " extraordinary emergency caused by fire, flood 
or danger to life or property," the burden of proving such state 
of "extraordinary emergency" must be assumed by him. 

PEEVAILINO RATE OP WAGES. 

But in regard to alleged violations of the provision requiring 
that "laborers, workmen or mechanics" shall be paid for a legal 
day's work not less than the prevailing rate of wages in the same 
trade -or occupation in the locality within the state where such 
public work is situated, erected or used, the duty imposed is far 
more diiRciiIt, There are elements that enter into the determina- 
tion of that question which are not so easily ascertained. In the 
first place, it is necessary to a proper determination of such an 
issue, that the controlling legal terms be correctly interpreted. 
What is meant by " prevailing rate of wages," and what area 
should be included under the term "locality"? We have given 
to the first mentioned what we consider is the common sense 
meaning of the phrase, namely, that the prevailing rate of wagee 
is the rate paid to a majority or to a substantial plurality of those 
engaged in a given occupation or trade. The phrase means just 
that, or the provision is meaningless. The term " locality " has 
been taken by us to mean the political division or subdivision 
within the confines of which the public work affected is situated. 
Tt is conceivable, however, that the latter in some cases may be 
too narrow a construction, for some sections or divisions of public 
work extend through or into more than one political division or 
subdivision. Hence each case must be carefully considered by 
itself. But in all cases the rate of wages must be ascertained by 
means of careful inquiry conducted with absolute impartiality. 
It is a difficult and tedious process, and the best that we can hope 
to attain is a fair and honest approximation of the facts. It is 
clearly out of the question for this Department to attempt a com- 
plete census of any locality, and without such exhaustive data as 
a census would furnish, 'absolutely accurate information as a 
basis of action is not available. The penalties for a violation. 



D.g.tizecbvGoOglc 



16 New Yosk Staib Dbpabtment op I/Abob. 

wiiieli are prescribed, — namely, forfeiture of contract and inhibi- 
tion upon the disbursing officer of payments due ou account of 
the work, — are so drastic that unutsual caution ia neceesary in 
order that injustice may not be indicted. If the facta are no\ 
obvious and practically inoontpovertible, no pains should be 
spared to get at the truth. The Department has been fortunate 
in that but a few complaints of failure to pay the prevailing rate 
of wages have been lodged with it. Only one serious allegation 
of that nature has engaged our attention in several years. Early 
in the year 1911 complaint was filed against one of the contractors 
engaged upon an important section of the New York Water 
Supply. It was alleged that the contractor was paying its laborers 
a daily rate of wages considerably below the prevailing rate for 
the same " class " of labor in the city of Yonkers, the work in 
question being all, or nearly all, within the corporate limits of 
said city. This contract covered iin outlay of several millions 
of dollars. As a result of our investigation, a preliminary ruling 
was made that the oomplaint had been sustained. Consequently 
an order was served upon the contractor, directing compliance 
with the requirements of law. The contractor thereupon appealed 
from the ruling, on the ground that it had been established with- 
out a full ascertainment of the facts, A hearing was requested. 
This request was granted. Three sessions were held, two in New 
York City and one in Yonkers, Complainant and contractor 
were represented by their respective counsel. Witnesses were 
called and examined with a view to securing reliable information 
as to wages paid and as to the " class " of work done by 
" laborers." Some weeks after the hearing, counsel for each side 
submitted a brief, and the Yonkers Federation of labor was per- 
mitted to file a brief. The case is pending as this report is 
penned. No notice of any description regarding the alleged vio- 
lation mentioned has been served upon any official of the City 
of New York. It would be manifestly improper to do so until 
the issue of fact has been settled. 

It is my deliberate opinion that the provision relating to wages 
to be paid to laborers, workmen or mechanics employed on public 
work has not been properly worked out. It would be more satia- 



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KeFOBI Oir TH£ COUMISSIOITEB OF Labob, 1911. 17 

factory to employees and, employers if the minimum or prevailing 
rate of wages for each class of labor on each given piece of public ^ 
oonat ruction, work were stipulated in the contract or specifications. 
Such a provision could be very easily enforced and would 'apply- 
throughout the period of the work's progress except 83 the rate 
might be increased by the operation of economic laws or con- 
ditions. 

ALIEN LAB OK. 

The law reserving the privilege of working on public work 
to American citizens has not been enforced with any appreciable 
degree of success. Complaints are rather frequent that non- 
citizens are engaged, mostly to do laborers' work, without any 
regard for the law. The Department until the summer of 1911 
had not been able to accomplish anything in connection with the 
enforcement of the law. Magistrates and public officials having 
charge of public work had paid but little heed to its provisions 
when violations were brought to their attention. They relied upon 
a decision rendered by the Superior Court of Buffalo in IS'Jo, 
which held unconstitutional the original law from whence section 
14 of the Labor Law was derived, I held to the view that since 
the Legislature had twice re-enacted the law after the pronotince- 
ment by the Buffalo court, we were entitled to have the question 
settled once for all as to whether it was valid and enforcible. 
Consequently, when a complaint was received alleging a viola- 
tion by a corporation engaged upon a contract for the construc- 
tion of a section of the barge canal, we decided that a determined 
effort should be made to bring the matter to an issue. Investiga- 
tion .sustained the complaint. Notice was served upon the con- 
tractor directing compliance with the law. Reinvestigation 
showed that the notice had been disregarded, whereupon the evi- 
dence in the case was transmitted to the district attorney of the 
county within the confines of which the violation had been com- 
mitted, with a request that h© should cause the indictment of the 
offending corporation. The district attorney of Orleans county 
promptly responded. An indictment was returned. When the 
corporation aj^eared to plead, ite attorneys filed a demurrer to 
the indictment. In due time the County Judge overruled the 
demurr«r, and the defendant corporation will he brought to trial. 



byGoogle 



18 New York State Depabtmest op Labob. 

The Attorney-General, at my request, is looking after the interests 
of the 'people, acting in conjunction with the district attorney of 
Orleans county. It is hoped that before long a final decision may 
be rendered which will set at rest the uncertainty r^arding the 
validity of this hitherto inoperative r^ulation of the privilege 
of employment on public work. Pending a decision, the Depart- 
ment will not attempt an enforcement of section 14 of the Labor 
law. 

INVESTIQATIONB. 

The number of complaints alleging violation of the eight-hour 
law investigated during the year was 62, of which 24 were sus- 
tained and proper notices served as required in section 21 ; 34 
were found to be unreliable or without sufficient foundation in 
fact to warrant any action by this Department; and 4 were pend- 
ing at the close of the fiscal year. 

In cases where our investigations show that more than eight 
hours' work hi one calendar day has been required or permitted, 
and the responsible public officials have been duly notified by the 
commissioner of labor, the responsibility for subsequent action as 
provided in the statute rests entirely upon the officials so notified. 
This is indeed a grave responsibility, for the obligation is to " take 
proper proceedings to revoke the contract of the person failing 
to comply with or evading " the provisions of the law, or, in case 
the offender be a public officer, or an agent or employee of the 
state or of a municipal corporation, to cause the suspension or 
removal of such offender. Under these circumstances, it is not 
surprising that public officials upon whom notices of violations 
of this law are served, immediately proceed to inquire into the 
facts upon their own responsibility. It is a perfectly proper 
course for such officers to pursue, for all that really can be 
claimed for the material submitted by the commissioner of labor 
is that it constitutes prima facie evidence of a violation of the law. 
Therefore, a searching inquiry by the officer receiving from the 
Commissioner of Labor such evidence as he has gathered, is an 
essential part of the " proper proceedings " to be taken to revoke 
a contract, etc., if a case is made out against the person charged 
with a violation of the law. The material interests of the state 



byCoOglc 



Repobt of the Coumissioiteb of Labor, 1911. 19 

or municipal corporation committed to such officials demand 
extreme care, 30 as to avoid legal complications which would result 
from a loose and indiscrimiiiate rerocation of contracts. More- 
over, the rights of contractors should not be jeopardized by any 
arbitrary action without proper hearing. If the final results in 
many of the cases investigated are unsatisfactory, that condition 
is due largely to the extremely drastic penalty prescribed. The 
nature of the penalty, I firmly believe, conduces to a strong dis- 
inclination on the part of the officials in charge of important and 
costly public work to hold that a violation of the law has been 
clearly established, because to do so might involve them in serious 
and difficult controversies and cause heavy additional burdens to 
be added to the cost of the work affected, far out of proportion to 
the gravity of the offence committed. If this be a true statement 
of the situation, it would ibe well to consider the advisability of 
amending the law so aa to provide an enforcible penalty. The 
beat course would be to prescribe a definite civil penalty for each 
violation, the employment of each workman beyond the legal limit 
to constitute a separate and distinct cause of action to recover 
such penalty; all payments on account of work done_to be with- 
held during the pendency of such action. By this method, effec- 
tive and speedy enforcement of the law might reasonably be ex- 
pected, without jeopardizing in the slightest degree the interests 
of workmen, contractors, or the people. 

BuBEAU OF FaCTOET INSPECTION. 

On February 16, 1911, Mr. William W. Walling, the chief 
factory inspector, tendered his resignation, which was accepted 
to take effect February 28, 1911. Mr. Walling rendered efficient 
service from October 4, 190T, until he severed his connection 
with the Department. 

Mr. John S, Whalen of Rochester was selected to fill the va- 
cany, his appointment taking effect on March 28, 1911. 

Up to the end of the fiscal year covered by this report, no 
changes of an essential character were made either in methods or 
organization, the field work being conducted upon lines fully 
described in previous reports. 



byCoOglc 



20 Xew Yoek State Department of Labob. 

oekebal field wokk. 

The report of the chief factory inspector, contained in Ap- 
pendix II, covers in brief form the various features of the activi- 
ties of the bureau. 

Table 1 presents a condensed record of the work of inspectors 
for the past five years. It is conveniently arranged for com- 
parison of one year's work with another, and shows clearly the 
steady growth in amount of work done. This growth is particu- 
larly notahle in the second section of the table, where it is shown 
that the number of visits made to ascertain whether orders issued 
had been complied with, increased almost 9,000 in the last year. 
This result bears out our prediction in last year's report where it 
was stated that we intended to " give greater attention to a thor- 
oughly practical enforcement of the law." The fact remains, 
however, that our equipment is very far from adequate tQ meet 
the demand for a really efGeient inspection of factories and en- 
forcement of the Labor Law, One or two visits in a twelvemonth 
to manufacturing establishments is utterly insufficient. Closer 
supervision over conditions surrounding employees cannot be pro- 
vided without a large increase in our force. Adequate inspection 
means twice the number of inspectors that are now provided for. 
Bakeries in the larger cities should he inspected once a month, 
and shops located in tenant-factories should be under observation 
at least once every two months. 

TENEMENT INSPECTION, 

In the report of the chief factory inspector will be found the 
statement submitted to him by the superintendent of licenses, 
covering the investigations of applications for tenement house 
licenses and the inspection of licensed tenement houses in Greater 
New York. 

On Septirinber 30th there were 13,213 licensed premises in 
Greater ISTew Tork and 451 in the remainder of the State. It is 
perfectly obvious, then, that the problem of tenement house 
manufacturing is confined to Greater New York and that no 
special discussion of tenement house work as it affects any other- 
community within the state is at all necessary. 



byCoOglc 



Repoet op the Commissionbh of Labob, 1911. 21 

AVith respect to the future, it has been decided to give the au- 
periBtendent of liceaEea a penuauent staff of at least eight in- 
speetOFB who shall devote their time eKclusively to the enforce 
ifient of Article VII of the Labor Law in Greater New York. 

It would be idle for us to contend that our supervision over 
manufacturing in tenement houses is up to the standard contem- 
plated in the statute. It never has heen and never will be unless 
a Email army of inspectors is provided for and kept constantly at 
work. Our inspectors are only in these apartments for a few 
minutes once or twice a year at moet, and it would be folly to 
assume that we are able under such circumstances to observe all 
that should be known concerning this phase oi our industrial 
life. That eonditiona are improving will be admitted by the 
strongest opponents of " home work " in tenement houses, but that 
they are far from ideal is also well known and understood by all 
who have given the subject any real attention. 

It is said that the evils of child labor prevail in connection 
with tenement house manufacture to an alarming degree. The 
number of children of school age found at work in their homes 
during school hours by our inspectors was quite small, but this 
fact should not be regarded as proof that the alleged growth of 
child labor in tenements is unfounded. It is probably quite true 
that many small children under school age are required or per- 
mitted to perform certain simple and easy tasks in connection 
with the various processes and operations incident to the work 
done in these homes. The work done by such small children can- 
n<ft be very difficult nor can it be very heavy, but if the little ones 
are compelled to remain at work for long periods of time, an 
intolerable condition is brought about, and no effort should be 
spared to relieve their sufferings. As to the children of schoor 
age, it would be well if they were not permitted to engage in any 
manufacturing pursuit in their homes until they had reached twelve 
years of age. .But in dealing with this phase of the subject, great 
care should be exercised so as not to foster wilfulness and diso- 
bedience to parents. The sacred right of parents to order the 
conduct of their offspring and to teach them habits of industry 
and thrift should not be lightly invaded. Indeed, it should not 
be thought of except where the welfare of society demands that 



byGoogIc 



22 New York State Depabtment of Labob. 

sucli a course be pursued. No legislation based upon any theory 
of regulation or prohibition, however plausible, should be enacted 
until the subject has been very carefully considered and the true 
state of facta ascertained. 

VENTII.ATION. 

There is nothing to be added to vrhat we wrote on this subject 
in the report for 1910. The Legislature o£ 1911 failed to enact 

legislation fixing a standard of ventilation. This being the ease, 
we have only undertaken in extreme cases to compel factory 
proprietors to provide means of ventilation and to maintain satis- 
factory air conditions in workrooms. The Legislature of 1912 
should do one of two things, — it should enact into law tlie biU 
introduced in 1911 and so enable the Department to move for a 
much needed improvement in factory workrooms ; or, it should 
provide for a thorough and exhaustive inquiry into the subject, 
both as to the need of ventilation and the proper standards to be 
established and enforced, leaving the task of enacting a suitable 
law to a succeeding Legislature, 

SANITATION AND SAFETY. 

It is the function of the bureau of factory inspection to enforce 
the requirements of the Labor Law relating to sanitation and 
safety in factories, mills and workshops. To the limit of ifs 
capacity it has applied itself bo this task during the year that i^ 
past. No claim is hereip set up that the bureau has been able to 
compel the maintenance of proper standards at all times in every 
place falling within its jurisdiction. I can only repeat what was 
said before, that one or two visits a year is not enough. We can- 
not by such insufiicient observations find out infractions' of the law 
and apply the remedies. 

The legislature of 1911 provided for a substantial increase in 
the field and office staff of the bureau, but even when fully 
equipped according to the improved plan of organization, its field 
force will remain inadequate to enforce the law. 

In order to deal more effectively with cases of unsanitary con- 
ditions, the summary powers of the commissioner of labor should 
be increased so as to enable him at once to compel proprietors to 



D.g.tizecbvGoOglc 



Kepobt op the CoiiMisaioHEB OF Labor, 1911, 23 

conform to decent hygienic standards. I am convinced- that for- 
mal orders to clean factory floors, toilets, halls and stairways, 
should be issued only when there is a general air of indifFerence 
about a .place. When a shop or workroom 13 really dirty, we 
should have the power to compel a suspension of work until the 
place has been given a thorough cleaning. We have that power 
now in r^ard to shopa in tenant factories, if the product manu- 
factured is enumerated in section 100 — and we employ it with 
most satisfactory results. But why should we not have the power 
with respect to unsanitary conditions in all shops, irrespective of 
location or nature of the business engaged in ? If we had such 
authority and had also a force large enough to apply the remedy, 
aa suggested, filthy factories and shops would become quite rare. 

The law should also give us authority to prescribe the time 
when and how factory floors should be swept, in order to allay 
the discomforts and eliminate the dangers incident to raising 
clouds of floor dust while employees are at work. 

The matter of factory illumination is also most important. We 
have no standard, and the subject is so little understood that it is 
impracticable to undertake reforms without first securing expert 
advice. There is universal agreement that eye-strain among those 
who work constantly under artificial light is a fruitful cause of 
bodily ills; therefore, the duty of regulation in the form of defi- 
nite standards is pressing upon us. Such standards should be 
determined only after a searching inquiry conducted by the com- 
missioner of labor under special or general powers to be conferred 
upon him, or, by a special commission empowered to take up the 
subject. 

In regard to safety, the duties of the factory inspector are varied 
and somewhat complex. The Wainwright Commission on Em- 
ployers' Liability and Causes and Prevention of Industrial Acci- 
dents recognized the need of strengthening our law relating to 
machinery by clothing the commissioner of labor with authority 
to make and enforce rules for the proper application of the specific 
duties imposed upon the proprietors of factories. This step was 
eminently proper and is the course adopted by the most progressive 
and enlightened nations and commonwealths. It would provide 
for an official interpretation which would have the full force and 



byCoOglc 



24 New Yoek State Department of Labob. 

effect of law aad would inauxe a much greater degree of aniforni- 
ity in conditions prevailing in the several industriee in the state. 
But not only in respect of machinery dangers should the com- 
missioner of labor be given power to prescribe rules to safeguard 
the persons and lives of factory employees ; this power should ex- 
tend to cover the physical arrangesaent of workrooms with special 
reference to partitions and temporary divisions of floor space 
and such other conditions as' might, in case of panic from wtat- 
ever cause, retard or interfere with egress from such workrooms. 

BAKERIES. 

From our large centers of population there is a frequently re- 
curring ary that the " factories " wherein the " staff of life " is 
manufactured are in a poor sanitary condition. That there is 
justification for this cry no one will deny. What is the difficulty ? 
Is the law which purports to regulate bakeries, inadequate? 
Proper sanitary standards may he established and maintained in 
bakeries without changing a syllable of the present law. The dif- 
ficulty lies in the fact that we are unable to enforce the law be- 
cause our force of inspectors is so limited as to make proper in- 
spection impossible. By this I do not mean that our inspections 
when made, are not thorough, — they are simply too infrequent. It 
is doubtful if any manufacturing business by its very nature con- 
duces to uucleanliness more readily than that of baking bread, 
pies and cake. The natural and unavoidable waste which falls 
to the floor, if left unswept from day to day, soon results in ac- 
cretions of filth. This is also true of the utensils. Unless they 
are thoroughly cleaned after each day's use, intolerably nasty will 
be their condition. One or two visits a year are not at all im- 
pressive. The baker is not made to realize that the state is in 
earnest in the matter of inspection and law enforcement. Monthly 
inspections and an occasional application of summary methods 
under section 114 of the law are the only means adapted to force 
upward the standards of sanitation. To do this we must have a 
substantial increase in the number of inspectors devoted eselu- 
sively to the inspection of bakeries. If this suggestion is adopted, 
the cry of " filthy bakeries " will be heard no more, 



byCoOglc 



Rbpobt op the Commissionbk of ILaboe, 1911. 25 

child labob. 

There ia a slight increase (753) in the number of children 
employed in the factories in the state, but it is encouraging to 
note the gradual decline in the percentage of children between 14 
and 16 who are illegally employed. 

The increase in child labor wa3 largely in Greater New York; 
in faet, the increase there exceeded the net increase in the state 
by 29. At the same time, the total number of children illegally 
reported at work in the same territory is 49 less than in 1910. 

PEOSBCUTIONS. 

The bureau continued its punitive activities as in former years, 
although not so many cases were instituted as in 1910. Of the 84 
cases pending at the beginning of the fiscal year, 80 were disposed 
of, resulting in 71 convictions, 5 acquittals, and 4 were withdrawn. 
In 37 of the cases convicted, the court exercised its prerogative to 
suspend sentence; while in 34, fines aggregating $820 were im- 
posed. 

From October 1, 1910, to September 30, 1911, there were 413 
separate charges of violation of the law brought to issue in the crim- 
inal courts. Of this number, 299 were completed and a record of 
conviction, acquittal or withdrawal prepared relative thereto. 

Attention is again called to the tenderness of judicial officers 
whose duty it is to mete punishment to those who violate the Labor 
Law. With a record of conviction in 246 cases, fines were imposed 
in but 95 and sentence suspended in 151. It is most discouraging 
to a careful, conscientious and capable inspector to find that while 
engaged in the performance of his duty, he is regarded hy some 
magistrates as an offender and is ridiculed and censured for his 
activity in the enforcement of the law. This condition will con- 
tinue until there is in each community afflicted with "such men on 
the bench, a body of public sentiment that will not tolerate the 
assumption and exercise of authority which renders null and void 
the legislative safeguards thrown around working men, women 
and children. Organized civic groups should pay more heed to 
this aspect of the problem of labor law administration. They 
should be helpful, not alone in securing legislation but also in the 



byGoogle 



2G New Yoek State Department of Labor. 

matter of educating the public to a proper sense of its responsibility 
in r^ard to the enforcement of auch legislation. 

ACCIDENTS. 

During 1911 a total of 44,551 accidents were reported to the 
Department as having occurred in factories, resulting in more or 
less serious personal injuries to operatives or persona upon the 
premises. This exceeds the number recorded during 1910 by about 
20,000. 

According to these figures it would appear that about 4 per cent 
of all the persons employed in factories were injured during the 
year. This fact emphasizes the need of closer attention to the 
question of safety on the part of employers and employees. More- 
over, it points to an important duty to be assumed by this Depart- 
ment, especially with reference to accidents that are obviously pre- 
ventable. Such accidents should be investigated as promptly as 
possible. But we have not been sufficiently equipped to enable us 
to undertake such investigations on an txtensive scale. With the 
advent of the new year we expect to do more in this particular line, 
for we shall avail ourselves of the increase in the force in such 
manner as to eliminate so far as possible the causes of accidents 
which are due to the fault or neglect of the employer. 

Mine accidents are far too numerous. Many are due to the utter 
lack of appreciation of dangers incident to this class of work, such 
indifference being characteristic largely of the foreign element 
among mine workers. We are with confidence looking forward to 
a diminution in the number of mine accidents, on account of having 
secured the services of a very capable and conscientious mine in- 
spector, whose report is contained in later pages. 

Accidents occurring in connection with the prosecution of build- 
ing and engineering work are included in our statistics this year 
for the first time. The number recorded (15,335) seems high, but 
the probabilities are that these figures only represent a certain 
proportion of the accidents that happen. It is more than likely 
that many employers are yet ignorant of the law requiring that 
injuries accidentally sustained by their employees in the course of 
their employment, are to be reported to this Department. 



byCoOglc 



Repoet of the Coumibsioneb op Labor, 1911, 27 

Regarding this group of accidents, it should be remembered that 
the state has only provided by law for the safety of those engaged 
in the erection of buildings and those employed in the construction 
of tunnels and certain kinds of foundation work where compressed 
air ia used. Men employed in excavation and general engineering 
work, such as the barge canal and good roade contracts and other 
improvements and enterprises, are wholly unprotected, except by 
implication. Laws should be enacted providing for the inspection 
of public work for purposes of safety, and power should be given 
the commissioner of labor to prescribe definite rules for the proper 
safeguarding of machinery, apparatus and ways used in connection 
with such work. The duty of the state in this respect is clear 
and unmistakable. Having undertaken the protection of the factory 
employee, how can it consistently leave to his fate the man whose 
occupation ia relatively far more hazardous ? The State Commis- 
sion on Employers' Liability recognized these facts and recom- 
mended legislation under which, if enacted, a measure of protec- 
tion would be afforded to those employed on engineering work. It 
is regrettable that the legislation failed of passage. Bills effecting 
this needed reform should be introduced and passed during the 
session of 1912. 

MEDICAL inspector's BEPORT, 

Attention is directed to the report of the medical inspector of 
factories. The comments therein contained on ventilation and light- 
ing of factory workrooms deserve serious consideration, particu- 
larly with reference to the latter subject. The other subjects 
treated by the medical inspector are presented with a view to stim 
ulating the growing public interest in matters relating to factory 
hygiene and the proper conservation of the health of workers. The 
chapter on " Women and Children " should be carefully perused. 
Suggestions are made therein which shmild command the attention 
of the Legislature, and amendments to existing laws should be 
enacted to embody the recommendations. This is true also of the 
chapted on " Industrial Diseases." 

Dr. Rogers in his report on the investigation of the dangers of 



;ti by Google 



28 New Yoek State Depabtment of Labob. 

mercurial poisooiDg in Gonnection with the manufacture of hats, 
makes certain definite recommendations. These take the form of 
regulations to be observed by employers and by employees. The 
commissioner of labor is not empowered to prescribe such regula- 
tions, but he should have such authority, as otherwise such mat- 
ters must be left to the promptings of the humanitarian instincts 
of employers on the one hand, and on the other to the intelligent 
sense of danger of employees. The foregoing applies also to all 
other industries in connection with which it is necessary that 
special precautions be taken to avoid dangers incident to the char- 
acter of the work and the elements or material used in the processes 
of manufacture. 

TUNNEL INSPECTION. 

The report of the tunnel inspector is a brief, comprehensive 
document. It contains certain suggestions which will be adopted. 

A much larger number of accidents were reported from tunnels 
during the past year than were reported in 1910, and the inspector 
very properly directs attention to the principal cause of this in- 
crease, namely, — the fact that the Department is now requiring 
that all accidents be reported regardless of the length of the period 
of disability, whereias formerly, only such as resulted in the sus- 
pension of work for five hours or longer were called for. 

It is pleasing to note that employers in this particularly hazard- 
ous business are so ready to act upon the suggestions of the in- 
spector in order to insure a greater degree of safety to their em- 
ploye_es. This is a perfectly natural attitude, for it is inconceivable 
that any employer would wilfully risk the lives of his workmen 
after his attention had "been called to a condition that was 
dangerous. 

It is quite evident that the field to be covered by the tunnel in- 
spector, when the peculiarly dangerous character of the work is 
taken into consideration, is too extensive for one inspector to at- 
tend bo. Therefore it was with a great deal of pleasure that I found 
the Legislature of 1911 in a frame of mind to provide for an ad- 
ditional man for this work. This having been done, the inspection 
of tunnels in 1912 will be more thoroughly and efficiently done than 
ever before. 



byCoOglc 



Eepokt of the OoMMiasioifEB OF Labor, 1911, 29 

MINE INSPECTION. 

The report of the mine inspector, contained in Appendix II, 
covers the period from May to September 30, 1911. 

Mr. W, W. Jones was appointed from the civil service list, and 
his report shows that he is fully qualified to perform the important 
duties of his position. Moreover, it is evident that he is keenly 
cognizant of the hazardous nature of the Tvork in mines and quar- 
ries. The suggestions and recommendations made by him are 
practical and if adopted will prove heJpful in eliminating to some 
degree at least the great dangers incident to mining and quarrying 
pursuits. 

The need of a carefully prepared, practical and workable ex- 
plosives act is unquestionable, and it is our purpose to take steps 
to present or to co-operate in the presentation of a bill designed to 
meet this situation. 

Now that we have in the service an energetic, earnest and com- 
petent mine inspector, we look forward with great confidence, be- 
lieving that in the course of the year 1912 the safety of mine and 
quarry workers will be given proper attention. 

The mine inspector has established the practice of frequently 
consulting the records of mine and quarry accidents, so as to keep 
informed concerning the nature and frequency of such happenings 
and be in a position to require that precautions be taken to prevent 
their recurrence. 

BlTKEAU OP LaBOK STATISTICS. 

The work of this bureau during the year comprises the usual 
work along the established lines of former years, together with cct- 
tain new work. The former includes the publication of the quar- 
terly Bulletin of the Department, collection and publication of 
statistics of unemployment, wages, hours and earnings, preparation 
of statistical and other materials for the reports of other bureaus, 
supervision of the printing and distribution of the annual reports 
of the Department, and the furnishing of information by corre- 
spondence on a great variety of subjects connected with labor 
problems. 

The principal new work developed during the year comprises a " 
large expansion of work in connection with statistics of accidents, 
a special statistical investigation of the night work of female tele- 



30 New York State Depahtment of Labok. 

phone operators, and the preparation of an exhaustive history of 

one of the oldest and largest trade-unions in the state. The work in 
accident statistics has been developed in accordance with the plans 
outlined in my report of last year, with expansion in three direc- 
tions. In the first place, reports of accidents in building and en- 
gineering work required to be reported this year for the first time 
under chapter 15S of the Laws of 1910, have been secured to the 
number of 12,000," as indicated by the summary of accidents in 
the report of the factory inspector in later pages. It is impossible 
to say what proportion of all the accidents in the building and 
engineering industries were reported during this first year under 
the new law. Certainly far from all of them, as there is every rea- 
son to anticipate, in the light of years of experience in connection 
with the reporting of factory accidents, that a considerable period 
of education must elapse before regular reporting of all accidents 
by all employers in those industries will \,t; secured. It is precisely 
for this reason that considerable time was spent during the year 
by the bureau in field work for the purpose of ascertaining how 
fully the law was being observed and bringing it to the attention of 
employers more forceably than is possible by circularization alunc 
as well as to secure more adequate information concerning the ,4ze 
and nature of business of firms. It was possible to cover, however, 
only a portion of the state in such field work with the time and 
force available. An idea of the extent of the field to be covered in 
such work may be gained from the fact that a tentative list of em- 
ployers in the building and engineering industries of the state, 
secured by the bureau early in the year, included over 18,000 
names. 

A second expansion of the work in accident statistics resulted 
from a wider definition this year of what constitutes an accident 
in factories, mines and quarries, so as to include the large class of 
accidents causing disability for less than five hours, or one-balf a 
day, which have heretofore been excluded. Chiefly as a result of 
this change, the number of reported accidents in such industries 
increased from a total of 24,500 to about 46,000, or nearly doubled. 
The work of filing and tabulation has naturally increased accord-; 

1 tunnel construction work, which have been re- 

D,g,t,zetlbyG0<.)g[c 



Eepobt of the Commi88iosi:b op Laboe, 1911. 3i 

In a third direction, the work in accident statiBtics has been ex- 
tended by systematic supplementary inquiries, concerning amount 
of time lost and extent of injury, in case of every reported accident 
for which these items are not clearly shown by the first report. 
With a total of over 60,000 accidents reported during the year, 
this effort to secure the necessary supplementary reports of the 
above items has proven no small task. 

The special inquiry concerning night work of female telephone 
. operators is designed to afford as nearly complete statistics as pos- 
sible upon the subject, covering number and age of operators, time 
of b^inning and stopping work, hours of work, rates of wages, anj 
length of time employed on night work. As this report is written, 
the work on this investigation is bo far completed that it can be 
stated that the special report on this subject will include practically 
complete statistics fo» the telephone companies in this state. 

During the year one member of the staff of the bureau has de- 
voted nearly all his time to the preparation of an exhaustive history 
of one of the oldest and largest trade-unions in this state or in this 
country. It is hoped that this special study of an old and highly 
developed organization will prove a valuable supplement to the gen- 
eral statistics of organized labor which have been published an- 
nually for years. 

For the coming year, it may be noted that l^islation of 1911 
will necessarily increase the work of the bureau of labor statistics 
in two directions for which no additional resources have as yet been 
provided. One of these is connected with the enlargement of the 
inspection force of the bureau of factory inspection. A larger 
amount of inspection and investigation work by that bureau nec- 
essarily implies an increase in statistical work for the proper 
utilization of the results of inspection work. This fact was clear!,'. 
recognized by the special commission which recommended the hill 
for the increase of the inspection force, and which specifically rec- 
ommmended that with provision for more inspection work there 
should go an increase in the statistical force of the Department.* 

The other development of work referred to as necessitated by the. 
legislation of the last year, is that provided for by the new law. 
(chapter 258 of the Laws of 1911) requiring reports of certain 



■ Secobd Heport ol CommisdoD on Employan' LisbiliCv 



bjGoogIc 



32 New York Statb Dbfabtment of Labos. 

classes of industrial diseases to the Department. The administra- 
tive work under this act falls to the bureau of labor statistics. As 
a step toward securing comprehensive information concerning 
diseases of occupation, which is the essential first step for scientific 
work in the direction of prevention, the significance of this law in 
the campaign for industrial hygiene can hardly be overestimated. 
With proper develapment of work under this act it seems reasonable 
to believe that the co-operation of the medical profession generally, 
whose technical knowledge renders their co-operation in this field of 
great importance, can be secured not only with reference to the 
comparatively few industrial diseases specified in the law, but with 
reference to all such diseases. That proper development of this 
work, either within or beyond the specific limits of the present law, 
must depend upon provision of some resources especially for it, 
may be indicated by the fact that it involves^elationa with nearly 
14,000 individual physicians, hospitals and dispensaries through- 
out the state. 

Bdeead op Mediation and Arbitration. 

The bureau of mediation and arbitration during the year I&IO 
has been under the immediate charge of Mr. William C. K<^rs, 
who assumed the duties of chief mediator in October, 1910. 

The service rendered by this bureau is of such a nature that it 
would be diflScuIt to express its value according to ordinary stand- 
ards. That it has "been instrumental in relieving the tension 
in many cases where the relations between employers and em- 
ployees were badly strained, is undoubtedly true. 

The report of the work performed by the bureau during the 
past fiscal year is contained in Appendix III, and is presented in 
greater detail than heretofore has been customary. This course 
was adopted because there is a growing public interest in all me- 
diatorial work or efforts to establish and maintain peace between 
capital and labor. It is our desire to present a true statement 
of what has been accomplished by the staff, in the hope that con- 
fidence in this official agency for averting and settling strikes may 
be inspired. If this result can be attained, its sphere of useful- 
iiesi may be widened and greatly increased with resultant benefit 
to all. That it is absolutely impartial in its handling of disputes 



byCoOglc 



Refobt op thb Commissionkb of La bos, 1911. 33 

whicli it undertakefl to compose, will no doubt be freely admitted. 
The only purpose that animates the chief mediator and those 
associated with him, is the securing of the highest attainable de- 
gree of concord and harmony in the relations between the forces 
of capital and labor. The bureau confoasedly believes that the 
most satisfactory results to all may be secured only through agree- 
ments made between employers and their emiployees collectively. 
But it cannot, nor shall it be employed, to effect any organization 
either of employers or employees. It must confine itself to its 
proper functions as defined by law. 

It was not found necessary to undertake public inquiry into the 
causes of any of the strikes which occurred during the year. 

An association has been formed of officials of bureaus of medi- 
ation and arbitration, embracing many states and Canadian prov- 
inces. I approved the movement for such an association and 
authorized the chief mediator to participate and aid in its forma- 
tion. The purpose of the organization is to furnish through its 
meetings a medium for the discussion of problems and methods 
of mediation and arbitration, so that the experiences of men en- 
gaged in this branch of governmental work may become available 
to all who may be similarly engaged. The slight exp^ise attached 
to the maintenance of such an association, I believe, is fuUy war^ 
ranted and will repay the state in the increased eflaciency of the 
service resulting therefrom. 



Bureau of Mkkcantile Inspection. 

The report of the mercantile inspector is contained in Appendix 
IV. 

In the brief analysis of the work of the bureau, the mercan- 
tile inspector directs attention to the fact that there are still many 
establishmerits in cities of the first class which have not been in- 
spected, although the bureau has been in existence for three years. 
This being the case, it is obvious that we need more inspectors in 
order that the duties devolving upon us in respect of the enforce- 
ment of the mercantile law be properly and efficiently performed. 

The nature of the duties of the mercantile inspector and his 
deputies should be clearly understood. As pointed out in the 
2 

DigmzedbyGoOglc 



84 New Yoek State " Dbpabtment of Labor. 

report, they are required often to be in the field early and late 
in order to detect violations of the law. Under these circum- 
stances, the test of their efficiency consists not of the number of 
inspections made, but of the conditions which prevail within the 
area committed to their care. I think it will be conceded that 
ijlegal child labor in mercantile eatahliahments in the cities of 
New York, Rochester and Buffalo is not as extensive as it used to 
be. The figures presented show the effect of our activity; the 
reduction in the percentage of such illegal employment is quite 
significant. Nevertheleas, there is need of serious work before 
we can say that the problem of child labor in mercantile eetab- 
lishments is well in hand. 

The various features of the bureau's work are discussed under 
proper headings, and oonstructive suggestions or recommenda- 
tions are made with reference to the law bearing upon each 
subject. 

The recommendation that provisions be inserted so as to require 
ihe proper lighting of water-closets, and to include business offices, 
tel^raph offices, restaurants and hotels within the scope of the 
law relating to water-cloeets, should be seriously considered. 
Common decency and self interest should impel the proprietors 
of such establishments to provide modem sanitary ciosets in prop- 
erly lighted compartments for the use of employees, and when 
this is not done the law should require that it be done. 

Attention is called to the difficulty encountered in the enforce- 
ment of the requirement that seats be provided for female em- 
ployees. Particular emphasis is laid upon the unsuitability of 
portable seats, and it is suggested that the law be amended so as 
to require the proprietors of mercantile establishments to provide 
adjustable seats, permanently secured at convenient locations. 
This should be done so as bo simplify the problem of enforcement 
and remove the ambiguity in the provision relating to this subject, 
as well as to secure to the female workers the relief intended 
when the law was originally framed. 



Regard] 
inspector 
expressed 



ng ventilation, the recommendation of the mercantile 

sound and agreee in every particular with the views 

n our comments upon this subject in connection with 



the work of the bureau of factory inspection. Such a requirement 



ReFOBT of the CoMUlSSIOIfEB OP Labob, 1911. 35 

should apply to all parte of premieee us-jd for mercantile purposes 
in whicli event the provision requiring permit for the ufie of a 
basement for such purpoaee might well be eliminated. 

In discussing proaecutions, the mercantile inspector directs at- 
tention to the lack of support of the department in its efforts to 
enforce the law, which manifests itself in the failure of judicial 
officers to regard crimes against the labor law as deserving of pun- 
ishment. The report shows that 515 cases came to final issue 
during the year. The results were as follows: dismissed or ac- 
quitted, 71; withdrawn, 1; convicted and sentence suspended, 
320; convicted and fined, 123. 

In cases where guilt was admitted or proven, the percentage 
of suspended sentences was exceedingly high (74 per cent). We 
are not disposed lightly to criticize the acta of judicial officers 
whose prerogative it is to temper justice with mercy; but when 
such a course tends to bring the officers and the department 
charged with the duty of enforcing the law into contempt, and 
when the tenderness of the magistrate toward an. offender is 
cloaked with an attack upon the official who brings the offender 
to court, respect for such a magistrate ceases to be a virtue. 
Never can we hope to impress employers with the importance of 
obedience to the Labor Law so long as those who disobey it are 
recipients of judicial favor in the form of suspended sentences. 

That there was sufficient cause to amend the law relating to 
the employment of children, so as to include bowling alleys within 
its jurisdiction, is clearly shown in this report. There were 
found illegally employed in such places 112 boys, 38 of whom 
were under 14 years of age. Fifty-nine of the cases of prose- 
cution above discussed were for violations of the Child Labor Law 
in bowling alleys. Of this number 14 were acquitted or dis- 
missed ; 10 were convicted and fined ; 30 were convicted and sen- 
tence suspended; while 5 were pending on September 30, 1911. 
The average commercial bowling alley can hardly be regarded as 
a fit place for a young boy to work in, under any circumstances, 
and particularly is this true of the boy who is under fourteen 
years of age. Yet it appears from the above record that the 
owners of such places, wherein our inspectors found children at 
work in violation of law, were most considerately treated by some 

DigmzedbyGoOglc 



86 New Yoek State Dkpartmeht of Laboh. 

miigistrates. Seventy-five per cent o£ those who either pleaded 
guilly or were convicted, were given auspended sentences. 

Triese conditions are discouraging, but we miist hope for an 
awakening of the public conscience. Tiiis alone can effect a 
much needed reform in the standards of some of our minor courts 
of justice. 

Bureau of Industries and Immigration. 

The bureau of industries and immigration was created by chap- 
ter 514, Laws of 1910, and was organized in October of that year. 
It LB in the immediate charge of Miss Frances A. Keilor, the 
chief investigator. A complete report of the work undertaken by 
the bureau, prepared by the chief investigator, will be ready for 
presentation very shortly. 

In the establishment of this bureau the State of New York took 
a step far in advance of anything undertaken by the federal 
government or by any other state government, in that it assumed 
certain obligations with respect to immigrants and aliens within 
its gates which were altogether new. In brief, the state in 1910 
adopted a new policy in relation to all aliens admitted to its con- 
fines. 

Eeeognizing the helplessness particularly of the non-English 
speakiiig aliens, a number of public spirited and philanthropic 
citizens took up the question of the state's duty towards them, and 
by careful and painstaking study of existing condition?, laid the 
foundation for the creation of a State Immigration Commission. 
This commission was authorized to make an investigation into the 
condition and welfare of aliens within the state. In its report the 
commission recommended the adoption of the policy embraced in 
the law creating the bureau of industries and immigration. 

In taking up this work, the State of New York has expressly 
declared that all aliens who are found within its territory are to 
be regarded as wards of the state. It has assumed the obligation 
to obtain and furnish to them helpful information regarding 
opportunities for employment; to protect them against exploita- 
tion by unscrupulous persons; to employ definite steps to insure 
the proper education of their children ; to eo-operate in planning 
for the instruction of adult and minor aliens in the English 



D.g.tizecbvGoOglc 



Repobt op the Commissiobeb of Labob, 1911. 37 

language and with respect to civic rights and duties ; to 
co-operate with 6ther public authorities who have jurisdiction of 
matters immediately affecting aliens; to protect them against 
frauds committed against them at places where they are landed or 
where they may be in course of transit; to protect them against 
frauds, extortion, incompetency and improper practices by 
notaries public; and by investigation and study of their social 
conditions within the state, to induce remedial action by appropri- 
ate authorities. 

That the tasks assumed by the state are by no means easy will 
be quite fully com,prehended by those who read the report of the 
chief" investigator. At the same time, the tremendous social and 
civic aignificance of the work of the bureau cannot but impress 
our people. As a step toward the proper assimilation of the immi- 
grant, we may well regard this action of our state as the most 
important ever taken. 

It is most gratifying that we were able to secure the services 
of Miss Kellor. Her familiarity with the problems committed to 
the bureau, coupled with her tireless energy and constmctive 
genius, made her services invaluable, particularly in the formative 
period of the bureau's existence. Moreover, I cannot speak too 
highly of her unselfish devotion to the work as manifested in the 
matter of supplementing the appropriations for the maintenance 
of the bureau. This is a quality of public service rarely met or 
recorded in the annals of government. It is, however, intolerable 
that the Empire State of New York should permit an intensely 
earnest servant to draw upon her own material resources to meet 
proper expenditures which should be home by the state because 
incurred in carrying out the policy laid down in the statutes. 
Miss Kellor in connection with her work has repeatedly taxed her 
physical strength beyond the limit of prudence. That is all the 
sacrifice she should be permitted to make. 

I earnestly hope that nothing will happen to deprive the state 
of Miss Kellor's services until the pioneer work of the State of 
New York in behalf of the immigrant is so well established that 
other states and the United States government shall have decided 
to follow in our footsteps. 



byCoOglc 



38 New Tosk State Defabtmbitt of Labor. 

Bboommbndationb. 

I. That the proviaions of the lahor law relating to the safety of 
factory operatives be rewritten ao aa to cover the subject in a 
broad and comprehenaive manner, and that the commiaaioner of 
labor, under special authority, be empowered to prescribe rulea for 
the proper application and enforcement of such proviaiona. In 
this should be included the conditions and dangers incident to the 
operation of machinery ; the placement of machinery ; the airange- 
ment and condition of internal doors, partitions and passages ; the 
condition of stairs, halla and platforms ; and any other condition 
which might prove dangerous to persona employed or being within 
a factory. 

II. That the fire-eacape law be rewritten so as to provide for the 
erection of a more substantial, adequate and convenient meana of 
escape from a burning building, and also that all emergency exits 
from factory workrooms be properly indicated by posting suitable 
signs at each such exit. 

III. That a law be enacted authorizing the commissioner of 
labor to prescribe and enforce hygienic rules applicable in all ea- 
tabliahmenta manufacturing food products and in all factories 
where poisonous substances are used in connection with manufac- 
turing processes. Such a law should be broad enough to enable the 
Department to enforce its rules upon employers and employees. 

IV. That the law be amended so that summary methods may be 
employed to enforce liie maintenance of aanitary conditions in all 
factories, regardleea of location or the nature of the business. This 
can be done by rewriting aection 95. 

V. That a provision be enacted under which the commiasioner 
of labor may himself or through a duly authorized aubordinate 
peremptorily summon before a magistrate any person found violat- 
ing any provision of the Factory Law. This course would do away 
with a great deal of delay in enforcing the requirements of the 
law. 

VI. That provision be made for the appointment and detail of 
not less ih&n ten inspectors to inspect bakeries in Greater New 
York. 



^dbyGoogle 



Repokt of the Commissioner of Labob, 1911. 30 

VII. That the force of factory inspectors assigned to general 
■field work (exclusive of bakeries in Grreater New York) be in- 
ereaaed to not less than one hundred. 

VIII. That the number of inspectors in the bureau of mercan- 
tile inspection be increased to the full quota provided by law, and 
that the rainiraiun salary of inspectors in this bureau be twelve 
hundred dollars per annum. There is no justification for the pay- 
ment to inspectors in this bureau of a lower salary than is paid to 
inspectors in the bureau of factory inspection. 

IX. That tlie staff of the bureau of industries and immigration 
be increased in order to enable it t^. extend its operations eo that it 
may more adequately perform its important functions. 

X. That the staff of the bureau of labor statistics be strengthened 
and increased so that it may be properly equipped to bear the ad- 
ditional burdens thrown upon it by virtue of the natural increase 
in the amount of statistical matter collected by the department in 
consequence of the increase in our field forces, and to meet the 
growing demand for sfatistical information concerning all phases 
of labor problems. Particularly is some additional equipment 
needed at once to properly carry on the work in connection with the 
reporting of industrial diseases by physicians, required by chapter 
258 of the Laws of 1911, but for which no additional resources 
were provided last year. 

XI. That provision be made forthwith to equip the division of 
industrial directory with proper clerical and field force and all 
other things necessary to enable the commissioner of labor to 
comply with the requirements of chapter 565, Laws of 1911. The 
publication of an industrial directory should prove almost invalu- 
able in connection with the distribution of laborers and in reliev- 
ing the congested areas in our cities. 

XII. That provision be made for appropriate office quarters for 
the Department in the capitol. The Department has grown to such 
proportions that every room assigned for its use in the capitol is 
overcrowded. The situation is intolerable. We are unable properly 
to store, assort and distribute supplies. In brief, this overcrowd- 
ing results inevitably in waste of time and treasure. It is imper- 
ative that relief be afforded and that the natural growth of the 
Department be provided for. 



byGoogIc 



40 New Yoek State Dbfa&tuekt of Labob. 

OoNOI.1TBIOI!r, 

Again I am pleased to acknowleclge the faithful and efficient 
service rendered by all attaches of the Department. To Hoa. 
Thomaa Carmody, Attorney-General, my grateful thanka are due 
for the uniform courtesy accorded this Department in the ren- 
dering of official opiniona bearing upon the legal aspects of its 
work. 

(Signed) John Williams, 

Commissioner of Labor. 



^dbyGoOgle 



APPENDIXES. 



1. Fiiuneifll Report of the DepHrtmenl. 
II. OauenI Report of Bumu of Factory InipMtion. 

(a) Report of ItiB Fwito[7 luapeclor. 

(b) Report of the Modii»l Inflpoctor of Foctorie*. 
(e) Report of tba Tunnal Inqwator, 

(it) Report of tbe Mine Inspector. 
III. QenanJ R^nrt of Bimsu pi Mediatioii uid ArbitraUan. 
IV. General Report of Bureau of MercHDtUe Inspectian. 
V. ladei oC.Ijtbor LegislaUoD in ISll. 
VI. L»bor Laws in Tofoo October 1. IBll. 
Vll. Oiunioni of Attorney -General Rendered to the Department Duriuc Report 



I«l 



ubjGoOgIc 



ubjGoOgIc 



APPENDIX I. 
FINANCIAL REPORT OF THE DEPARTMENT. 







L. leio, 










Ch. B12r 








Bilu.ce 


L. ISll. 








Oct. 1, 1910. 


Ch. 811. 


ToUl. 




































• 


HB.820 00 


148,820 00 






















tieS.B2S S3 








































_ 




41,483 47 


















•* 


' 








828 36 


14,818 04 


18,842 40 






13,412 6fl 














•230,681 93 









Salsriss: 

Cominiudoaet, deputies and hesda of buresus 119. lis 87 

Other permanent employsM 141,881 98 

Teniporary employees 302 OS 

1181,29 



Other printing 6.879 02 

fl, 

Office snd Geoeral Eipengest 

Kent ol nib-office in New York Cily (3,800 00 

Poatnge ud tnnjportation (postage, 84,728,27; oprm, (1,048.44; 

freight sod cartace, 1131.34: post-office boi rent, tlS.OO) fi.S22 OE 

Trtephone (1733.38), lekgrsph and mceBSDger service (1208.42)... HI SO 

• Of the unused balSDce of (4,134.77 for this item (see p. 42 of lut yeu's report), (3,1 
isBHiroprlited bif L, 1911, ch. 811. M foUowt: for nuscelhuieoua eipenses 11,000. lor tt 
eipeDsee, 12,000, for temporary employees (500. The remunder ((834.77) iapsed. 

** The unused balance of (810.04 tor this Item (see p. 42 of last year's report), was r 
[«iated b; L. ISll. ch. 811, for the purnhsn of ad^ng miohinea. 
[43) 



byGOl.)g[c 



44 New York State Depaetment op Labob. 

Suiionecy and typewriUr uippliee (ctsdonery, 1661,11: let(e>preu 
booki, elr., »113.6fl; inde. QsrdB and Buid™, 1103.50; window 

Booka, BubKiiptioni and clipptDEB (newspaper clippincB, (165.00; 
■ubeeriplinnt. tl04,&a; legialatiTe iadei, 150.00; city directorieg, 
138.00; law booka, t35.60; books foe libraiy. t25.S7; diariH. 
J10.15; map., »3,20) 433 22 

Office furniture and equipmsnl (flies and cabinew, »ei2.ga: (urni- 
tuie. S59G.68: typewiiten and repairs, tST7.02; repure to lub- 
offioa, tSSO.BO: atectric fiituree and inatallalion, sub-office. 
•164.60) 2, 021 08 

Other (services, (103.95; drinkins water and ice, tUT.ST; supplies 
tor DiHlical inspector. (73.20; badces. (44.00; rubber Btaiopa, 
(36.80; towels, (33.00; sundrie«, $8.55) 745 37 



(14.825 13 



(218.001 93 



Permnnent smployees (4,155 80 

Temporary employew 470 46 

TraTBlioi EipeoseB: 

OninjiaBoner ot Labor fil7 88 

Otrier officers and employees 5,074 4B 

Printing 644 II 

Office and General EipoDsea '817 27 



11.680 00 



1230.581 93 



^dbyGoogle 



Repoht op the Commibsiokbb ( 



PoamoNS AMD Ooci 
Cammisrionei of Labor: 
JobD WUliaiiu 

F. H. CurmioghAm . . 
Special Ageot — Legal: 

Charles Whelan 

Special Aftent: 

L. A. Havene 

Confidential Anect:* 

H, B. Whitney 

Auditint Clerk: 

J.e. Lyons 

ConfidenTJal Clerk:' 

J. H, WillLBms 

SMnOBTspber: 

Mary L. St^felmaier 

J, J. Shelley 



Fictory IiiqMclor:*t 

W. W. WaUiii«(e) 

Johns. Whalan 

AflUBtant Factory Irupectore (2) : 



H- L. Sehbur .^ . 

SioMriotendent nf LJoeiiBSB 

Daniel O'Leary 

Uedioal Inapeetor: 

C. T. Gnham-Rogers. 
Toiuiel InepBctor: 

Clerks (0): 

Jeame M. Sweeney 



500 00(o) 


(5,083 33 


ffil3 86 


400 00 


2,400 00 


211 84 


4O0DO 


1,400 00 


170 90 



EMelle Ju-ria Nov. 

Stenosraphers (3>: 

Mary H. Lookwood Auc. 1' 

Winifred E. Loektow Mar. ii 

Jennie A. Dillon Oct. !■ 

Dapoty Factory InivecUin (S3) : 

C. B, Adi May I 

M. J. Flanagan Aug. 1 



D. J. E 



,800 00 


1,800 00 




,000 00(M 


850 04 




.500 00 


1,500 00 




380 00 


360 OO 






(IB.093 37 


»2.943 BO 


.rrroN. 






,000 00 


11,250 00 


1835 84 


■ OOOOOtd) 


1,593 SI 


691 29 


,400 00 


2,400 00 


31S 08 


.400 00 


2,400 00 


598 SB 


.400 00 


2.400 00 


165 75 


,400 00 


2,400 00 


489 00 


.500 00 


1,600 00 


1,076 47 


,S00 00 


1,600 00 




,200 00 


1.200 00 




'ooooo 


I'ooooo 




900 00 


900 00 




900 00(0 


885 00 




.200 00(/> 


1.200 00 




900 00. 


900 00 




7MO0(iF) 


630 00 




,600 00(4) 


1.487 50 


474 33 






271 76 


,500 00 


1.5O0O0 


303 43 



(a) Increi-.,- . 
m Eflduced f r 



tclRsi 



i/j Increased from 
(a) Transferred f nti 
(a) Increased from 



It t800; increased (o C720 Apr. IB, IBll. 



byGoogIc 



New York State Depaktment of Labob. 



Fnnlc 8. Nuh . . 



J. W. Andrewa",, 



Au«. 



M&uricB BunheU 

CharlsB "Baaatr Nor 

HirsTO BlMMhBrd(Jt) Junt 

Jesse M. BoUa Feb. 

C. G. BiBDch Aug. 

8. N. Brenner July 1, 

H.P.Brown 



Nov. la, 
July 



Franci* J. CoulBD 

G. C. DBDiele 

Jsm« Davie 

M«y O. Daviea Jiui,.M, 

W. H. DonAbue July I. 

MarEaret Finn July 

W. a. Finney Oct. 

UlyF. Foster Sept. 

C. M. Gilmon(m) April 

Rebeoon B. Gontlle Sept. 



aL.GTe< 



1. GuyetCe July 



G. I. Hsn 

Nathan Henat^.. 

G. L. Bom 

J. W. Ireland 



Feb. I, 

April 

May 10. 

July 11 



Willkm W. Jones 

Kate L. Kane 

W. G. Lowniberry. . . . 

A. J. Maclieniie 

C.F. Miller.Jr.W)..., 

BU» N»tfe Mar, 23, 

W. J. Neely Aug. 

RolMit NortluupCr) Aug. 

Joaeph O'Rourlie May 

Silaa Owen Aug, 

William PeatBon. Sept. 

JodeA RMlly. 



July 
July 1, 



D. C. BulUvan 
W. B. Tibba. . 
J.H.Vogt.,.. 
G. CWard... 



Salary of 
(1,500 00|A) 



,200 a 



,aOO 00(0 
.200 OOlj) 
.200 00 
.200 0001 
.200 OOlj) 

.200 000) 



.200 00 

200 00 
200 00 
200 00(1) 
200 00 
300 00 
200 00 
200 00 
200 00 
300 00 
200 00 
300 00 



200 00 
.200 00 

.200 00 



(A) Increand from (1.200 Oot, 16, 1»10. 
'0 On leave of abseoce one montli withoti 

ti Inoreued from (1.000 fl«nt 1. 101I. 

bj Died April 25. 1911. 



te of abeence without pay (Mar. 15 to Sept. 1 , 



d from depuW mei 

„, from (1.000 Sept. 

*■ Rengned Br , 1 1, 1910; expei 






byGoogIc 



Repobt of the Comhibsiokbb of Labob, l&ll. 



Drntsof 



PosinoMB iHD OccnFAt 
Deputy FAOtory nupeototH (5 

E, M. Wilber Aug. IS, 1B07 

Floreooe C. Willtimon Oct. 1, 1907 

J. R. Willi! July 16.1910 

e.T.WitooQ July 15,1907 

T. F. Woods Oct. 10. 1910 

D. S. Yani Aug. 1. I89B 

S.J.OHen Jnna 1,1911 



,200 00 
,200 !»( 
L.200 00(1 
.200 00 
,200 00(1 
,200 00 



00(0 



recfflved 
in 1911. 
11,200 OO 



991 00 

1.200 OO 

333 39 



$338 77 
2M 73 
227 13 
378 38 
227 01 

ezs 79 



Chief StatiMician: 

L. W. Hateh 

SanioT StsUstiriuia (3 



Not. la, 1907 



S.B. Dicker 

R, R, Sherwood. . 
Special Ajtoata (fi) : 



W. E. Petlit. . . 
D. W. O'Conno 

J. F. Bolin 

P. J. Homm. ., 



8ept.l. 



J, J, Angluin, Jr Not. li 

Stenocrsphen (2): 

CuoliusE. RoHobloom Oct. 

Maria A.. L. Moloner(/) , , . , July 

Ida B. FtMilt(B) Feb. 



BuBEiu or Medution *m> . 

Ciiief Mediator: 

W. C. RoK«a Out. 18, ISIO 

John LuudiicanCt') Mar. 21, 1901 

Mediator; 

M.J.ReMUi JulylO,190S 



200 00 


707 14 


104 33 


200 00 


1.200 00 


53 10 


500 00 


1,600 00 


272 70 


GOO 00 


1, EOOOO 


384 08 




1,300 00 


186 29 


300 00 


1,300 00 


333 25 


300 00 


1.300 00 


2S6 84 


000 00 


1,000 00 


65 30 


soooo 


1,600 00 




200 00(d) 


1,100 00 


236 11 


7aooo(«) 


570 00 




900 00 


900 00 




eoooo 






720 00 


360 00 






137,737 14 


t3,045 62 



I) Increased from tl,000 Ocst. 10, 1010. 
ii) iDsreased fiom tl.OOO June t, 1911. 
i) lacnaaed from tl.OOO Sept. 1, 1911. 
t) IiwrMaed from 81,500 Fab. 1. 1911. 
i) Rovned Deo. 15. 1910. 

cj RMiined Deo. 81, 1910: mvpointed May 1, 1911. 
A InereMsd from 8900 Feb. 1, 1911. 
c) Incnaoed from 8600 May 16. 1011. 

fi Tenmorary ainx^tment April 1, 1911, at 8720; made permane 
I) Granted S months' leaTS of abeenos irilhouc pay April 1. 1011; 
1) InoTsaied from 83.000 Aus. 1, 1911. 
Q Reigned Oct. IS, 1910. 
iBchida I7S for iperial servicee rendered In 3«pt«mber, 1910. 



byCoOglc 



New Yoek State Depabtuekt of Labob. 






n> OccD 
AWBtant Mediator. (2): 

P. J. Downey 

Jumea McMiuiiia . 

%>»cIb1 Agent: 

J. J. Bealin 

aerk; 

Mabel L. CrouTuie ■ ■ - . 



Trnvelini 
in ISII. 



J. L. Geroon 

Deputy MercMtitB InapaotOH (8): 

Eunice Burton July 



Robert NorthnipU) . . 



Nathi 



iSchWB 



Edvard Quiclay. . . 

Annie 8<shleanger. . 
Bleno(r*ph«: 

May L. Bonner . . . 



Chief Inveeli(Hl<ir: 

FrancHA. KeDoi 

Special lnT«B(agatora (4) ^ 
. Carola Woariahoffw(m) 

Alfred Marcus 

L. C. Wagner 



I. G. E 

JoBBpli Mayper. . 



M. J. Sullivan 

G.C. Trmano.... 
Qeorge Baiianue, 
Stenographeca: 

C. M. Hofiman, .. 
Editlil. Davis(9). 
G.E.H8rt<r).... 



ULl.. 


CiMntx Ihbp 


woou 


900 W 








tio.ess 38 


»3.027 04 


r Mu 


^OH. 






Oct. 


1, 1008 »2,B00 00 


12,600 00 


t802 41 


July 


1, 1910 1 


ooooo 


1.000 00 


30107 


Oct 


1.1008 1 






232 78 




1,1911 1 


xwoo 


S3 33 




Nov 






9ie ss 




<1et. 




200 00(;-) 






■(Icl, 


1.1008 1 




l.Olfl 87 


331 31 


Oct. 


I. 1908 1 




833 20 




Dfio 








303 15 


Oct. 


1.1908 1 


200 00(;-) 


1.016 87 


206 11 


Oct. 


1.1808 


900 00 


900 00 




Oot. 




900 00 






J12.183 22 


t3.421 89 


[HDCV 






Oct. 


1,191010 12,500 00 


12.600 00 




Deo. 


8. mow I 


200 00 


020 97 




Jan 


9, 1911 1 


200 00 


872 68 


1178 39 


.Tan, 












16, IflU 1 


200 00 


860 00 




Jan, 


16. 1911 1 


200 00 


860 00 


182 H 


Oct. 


10, 1910(a) 1 










10, lB10{o) 1 


200 00 






Oi^t, 


10. 1910(0) 1 


200 00 


201 96 


128 35 


Oct,. 


28.1910(3)) 1 








Deo. 


8. 1910(0) 1 


200 00 


08 30 


17 96 


Fah 


I, 1911 1 


200 00 


800 00 


19 76 


l)m 


1, 1910 1 




160 00 




Aug. 


2, 1011 I 


200 00 


196 87 








19,056 42 


11,359 00 



Inereased from tl.OOO Sept. 1. ,1911. 



i) TrBDBfeiTed lo deputy faeiory inspector Aug. I, 1911. (See i 
:0 Appointed pnmsionaUy Oct. 1 , permaneDUy, Deo. 1, 1910. 
i>) lOnsd Sept. 11, ,1911. 



(p) Proviflional appDintment, ■ 
(q) Reaiitned Jan. 15, 1911, 
(r) Ten^iorsry aHfflintnient. 



bjGoogIc 



Repoet of the Commissioneb of Labor, 1911. 



uoaat Tnvelinf 





Dale of 


ajuyof 


Hctived 


PosimoNB iMD Occm/um 




p<MiUl>D. 


in mi 


ClMk,: 








W,L. John*™ 














23 M 


Inne B GUddinE 






23 96 



1161,299 68 (35, SSI 10 



DigmzedbyGoOgle 



APPENDIX II. 
GENERAL REPORT OF BUREAU OF FACTORY IN- 
SPECTION. 
(A) Repost of the Factory Inspector. 
Hon. John Williams, 

Commiasioner of Lahor, Albany, N. Y. 
SiK : The following brief statements cover the work performed 
by the Bureau of Factory Inspection during the year ended Sep- 
tember 30, 1911: 

1, WORK OF DEPUTY FACTORY INSPECTORS. 

Factoriea ia oap^rBte buildings, , . 



Launilriflfl 

Balteiiei 

Min« sod qiuuriM 

Timoel woriuDgs 

Tenuit thcloiy buUdlnas. . 
Tflnenwnt buiLdines (1ic«DBf 



ToUl 

SpBciol InBpectionB. 











12,431 


M.281 


26.847 


24.304 


23.480 


22,974 


Z,iS3 


a.320 


2.36S 


1.94B 














128 


84 


121 


118 


173 


71 


46 


13 


22 








277 




820 


13.402 


12,035 


10.219 


8.7M 


4,677 


50.238 


M.SIS 


83.717 


60.390 


46.816 












2,063 


1.308 


1.147 


1.427 


1.476 



1.835 3.179- 3,105 



Total 48,477 41.200 87,703 89,719 40.658 

ObBervalioDB: 



Taobs to flop work: 

Gooda ID tsnemeDti ({ 100) .. . 
Goods Id Mnaot factoriea <) 9: 
Articles in baksrisa (f 114) . . . 

Unaafe mschiDSrv (f 81) 

ScaSoliUic (I 10) 



ProaaeutioDB begun'* . . 



* Inoludeg 19.311 Gnt and 13,237 aubwquent visita. 
t iDdndea 38.046 Brat and 10.092 aubasquent visita.' 
1 InoludM 19.776 first Hid 10365 sabsuuant vlaiu. 
I Inelndea 21.920 Brat and 13.631 BubaeqaBnt ^"f 

** Bag detailed table at pfOseoutiaDB below. 



[60l 

DigmzedbyGoOgle 



Repobt of the Commissiokeb of Labob, 1911. 



ToUI ippUoB 



Total sppliaBtioDs grADled . . . 
Totil s] 



AppUcatinna cmceled , . 
AppUcAtioaa peqcluiS' - • 



xattB reroliKl Cor 
Tout number ol 



Reuudiidar 




of Stale. 


ToUl. 


688 


17,137 


682 


15,640 




1,400 




6 


131 


1,W>3 




73 



City, oi 8l«t9. Toti 



ToUl.. 



On Gnl invMtliatioD; 

App1k»tioni gnntad 1,109 IB 1.218 1,463 

ApplioaUonj relusad 106 166 IH 

ApplicmlloBB cmncaled 18 18 ZS 

AppUcsUona pendinc Sept. 30, leil 8 20 

On i«nveBti(BtiOD ol appUotioDB pnvkiuily nfiusd: 

ApplkftUanB ETftnted _, , , . tS6 ISfl 119 

AppliuUona refiued acun '. . . . 33 33 38 

Applications oBnoeled, 122 122 43 



^UoensM +372 —100 +272 +1,293 

Rafiued kppliistioni - —143 —143 —8 

CiDceled appliealions +110 +140 +8fl 

OutiUnding lioensee Sept. 30 13.213 4S1 13.68t 13,392 



of 4,768 spplioHtioo* (all but % 
: but ftll but 31 of these were af 



^dbyGoogle 



New Yoek State Depabtment of Labor, 



}. CHILDREN FOUND IN FACTORIES. 



• ij, having emp 
t Nei?York"Sty 



Boys. Olila, Bore. GirU. 















Cattaraugus 


30 


1^ 








































































































































































































TUthmoncll 

RmsUand 


27 


52 
































Bulliyan 




^ 










91 


13S 



ubjGoogle 



Repoht of the Commissiosee of Labob, 1911. 



a. CHILDREN POUND IN FACTORIES— CoMtnocd. 





I^ALt 


.. 


1.^^ 


LT.t 


employed.; 




hildrea 


CotFNTT. 

Warren 


Boys. 


Girl*. 
13 

T,75fl 

i.*n 

5.434 


Boy*. 
672 


OirlB. 
2 

408 

4IB 

880 


Boys. G 


ris. 


18. 
3 









17 






ai 

44 


76 

30 
181 




YstM 

ToUlilBll 

1910 

1»08....! 


4,4B5 


13.083 
12,330 

10,418 

14,082 






leii. 



IS 10. 



Broni Borough 

Brooklyn Borough 13,548 11,214 

ManhatUa Borouch 19,860 IS, 281 

Queena Borouch 2,710 2,202 

RiohmoDd Borough. 127 137 



Total.. 



0,037 85,060 28.012 20,937 
1.203 1.403 1,123 S32 



Syracuae. . 

uae» 

Yonken. . . 



* Figures for Nen York City iudude ' 



Qutaoturiiig " c«Ftiflcat«i). 



ubjGoOgIc 



New Yobk State Depaktmeut of Labob. 
s. 8ummaay of prosecutions (factorieb and mines). 



No. of Fmd- OTU- WU 
W. Pncuiiiiit InMUhiltd B^m OMtr 1. 1910, 



. jModtd. lined. Kui. 



Fuhin W nitiktafubirf I V W. . . 



faiiilH,m. 
Fiilnrt to (iiMm I 



£m|il07li«oluUimda 14,170 

EmplDTiiu flhjtd under 111 vithimt Board 

^Htdtli Mrti&aM, I 70 

EmployiDi cbOd UDdir lA morv tliui S 
hnui m dw. or btim S i. m. oc ilta 
ftp. m.. 177 



Failure lo pay wveswc^v, I ID... 
FtUun to ply mgn k iWi, {11... 

TouJ 



(£). PrxttiiRti InttatiM in Cunvil r»r. 

Flihin to r^ert lodikati. 1 87 1 

InMrfBing wiUi depu^ [iotory imipeotor 
in the poformuuH of bii dutia, } 02.'.. 1 .. 



Id pnivide %hli b htlb or itwn, 

Fulun to piiiTido lighli in ntonikaits, 
188 

Fuhm U pro<ride !60 cu. ft, <rf air gpue 
for Badi anpLoy« between a. m. and 
Op.m,[«J 

Future to provide propa and Aiffieieat 
moult d( xotilMkn. { 80 

Fuhira to provide dj«ng nwma for 

^hmato. t %., 

^d(iiitt.'i'8a,'.\;:" 

liiian to pnivido meaag for HibIiIih 

ntB-oloiBti, 1 88 

Failnn to renir KHta-clmsiB, I H.: 

lUlare to clHDfloon of workroom, i 84. . 
Faihirfl to bmewail] or paint irwa or 

Failure to have builo- ioapeiited, \9\ 

Faiiuie to provide extiauat eyitem, 1 81 . . . 
FaiJura to MunLonnk Bot acrow^ 1 81 ... , 

Failure to cuard rairB, 1 SI 

FaihiK to Euard Hmiiu uiscbiuee, | SI.. . . 
Faihire to ^uard miscellaaeoui madimay. 

Failure to rsDovfl ban from d«n or 

windowi, i(80jg3 

Failur« to unkidE doora during wofkiof 



bjGoogIc 



Bbfobt op the Coumissioiteb of Labob, 1911. 

. E. SDMMABY OF FROSECVTIOVS <7ACT0BIES AND UINE8)-C«idudal. 



Fuhn to prond* huidnila oa gtilmn, 
181 

Fulim M «e«M mine uanf e waSokfiaa. 
(19 

Fuhue lo jmriila kcob to ErHaape, 

FuhiTF to pioiids dwn to Dim outntdb, 
ISO 

Employiai; dhild uods 14, | 70 r , - , - - , - , , 
EmpJoymg child undv Ifi without Boud 

of Haltii ixr1ifio»lB, 1 70 

Employing ohild imdv lA mora than S 

boon a day, a- bdfon S *. m.. or alia 

Sp.m.,f70 

Eniplivlu ohild uodtr W io bottUng 

(rtabhaEmcnt, 1 03 

WoHKi un> Mutosb: 
Enplojing fooiak undv 31 bdoic a, m., 
oraft«cfli).ni., 177 

bouniday, 1 77 



1. pcndoL Hoed. Fiao. 






VL WonUBon n TaNuoNn: 



'-SSifi^.ir.zlYr'^' 


^rStf 


sstt'-u';™ 


F^ihin lo nmoYO 


watB-dawt trom 


Faikro to pay muB 


-oddj.m 







413 114 M ! Ul W 13,230 

ITolal «7 lis 56 8 188 m COOP 

I vhioh jodgmonta lot ISO.OO Mch inn Hiiunil nnda ( 12. 



ubjGoOgIc 



N'ew Tobk State Depahtmeht Off Labos. 



VI, Paper and puip 

VII. Printing uid paper gooda, . 

VIII. Teililes 

IX. Clothing, millinery, laun 



' X. Food, liquors and lobacoo, . 

Xt. Walai, light and power 

XIlp Building induBtiy (shops) - , . 
XIII. .MiscellsnEoui 



II. QuarriM, . . 

Total... 



<s> BuiLDiHa xmt Eii<31nibri 




ubjGoOgIc 



KbPOBT of the CoMMIBSIOrTBS OF Labok, 1911. 57 

WOBK OV DEPUTY FAGTOKT INSPECTOE8. 

On the 28th day of March, 1911, 1 was honored by the Commis- 
sioner of Labor with appointment to the office of Pirafc Deputy 
CommiBftioner of Labor and Chief Factory Inspector, 

The work of the bureau of factory inapection was taken up at 
once and I proceeded to familiarize myself with the duties of the 
position to which I had been appointed. 

No radical changes were made in the bureau owing to the fact 
that legislation on the Phillips bill was pending and this measure 
provided for the re-organization of the Department, When this 
re-organization takes place and is in working order, I believe it 
will result in giving to the State of New York a much improved 
system of factory inspection. 

Under the new law we now have a mechanical engineer who 
is devoting special attention to the matter of proper guards for 
machinery, prevention of accidents, etc. As the result of the work 
of this expert, we hope later on to have a uniform system of orders 
to guard machinery. 

Since my connection with this bureau a new mine inspector 
has been appointed and be has proved himself to be a very capable 
and earnest inspector. He is doing excellent work in the thorough 
inspection of the mines and quarries of the state. 

There has also been recently appointed an additional tunnel 
inspector who will be able to take up the wonderfully increased 
tunnel work now being carried on throughout tho State of New 
York. 

Eight regular inspectors have been assigned to work under the 
immediate supervision of the superintendent of licenses. These 
inspectors will confine their etTorts to the thorough inspection of 
tenements and places affected by tbo provisions of section one hun- 
dred of the labor law. 

While great credit is due our inspectors and our force generally, 
for the amount and character of the work accomplished during the 
year just closed, we hope, with our increased force and the con- 
templated re-arrangement of the work of the bureau, to perform 
better service and cover a greater amount of work during the 
coming year. It is the purpose to have more frequent inspections 



byCoOglc 



58 Nbw Yobk State Depaktment of Labob. 

made of the places moflt needing our watching and supervision. 
In many instances it has been clearly demonstrated to us that 
even with constant surveillance it is a difficult matter to have the 
standard maintained. 

During the year ended September 30, 1911, the force of in- 
spectors in this bureau made regular inspections throughout the 
state, including factories, laundries, mines, tunnels and tenement 
houses, to the number of 59,288. This number exceeds our figures 
for the year 1910 by 2,422. The total number of inspections made 
shows a steady increase each year. The number of places to be 
inspected is growing each year, and it is with pleasure we refer to 
the increased number of inspectors given to the Department to 
care for this steadily increasing business. 

The growing popularity of the modern loft building is clearly 
evidenced by the fact that in New York City alone the number of 
factories located in such buildings numbered 26,281 for the past 
year, while the number for the year 1910 was 25,847. 

A tenant-factory building, as was explained in our report for 
last year, is a building with at least two tenants, one of which is a 
factory. 

In addition to over 59,000 regular inspections, 48,477 visits 
were made on applications for licenses, in tie investigation of com- 
plaints and compliances with orders. Of the visits on compliances, 
28,045 were first an^i 1G,092 were second or subsequent visita. 

A decrease is noted from 126 tagging cases in tenements in 1910 
to 78 in the year 1911, while 112 fewer tenant factories were 
tagged in 1911 than in 1910. 

In bakeries the ovens and utensils were tagged in 61 cases. The 
total number of bakeries inspected in 1910 was 4,156 while during 
the past year 4,996 bakeshops were visited by our inspectflre, this 
being an increase of 840 bakeries inspected. 

The total number of prosecutions instituted by officials of the 
factory inspection bureau was 413. 

Counsel, F. H. Cunningham, and his assistant, Charles Whelan, 
deserve credjt for the amount of work handled in the courts and 
the results obtained through legal actions instituted by them for 
violations of the law, as enforced by this bureau. 



byCoOglc 



KepOBT Off THE COMUISSIONEB OF LaBOE, 1911. 59 

COMPLAINTS. 

In the matter of complaintB filed with this bureau it is found to 
be very unsatisfactory to handle those sent here anonymously, be- 
cause, in many instances, our investigations show that we have no 
jurisdiction in the premises and we are not able to convey informa- 
tion to those sending in the complaints. 

As soon as complaints are received they are accorded prompt 
and careful attention, whether or not they are signed. 

In no instaoco is the source of our information divulged. No 
action is taken against any manufacturer solely on the facts sub- 
mitted in the complaint. Our inspector makes investigation and 
if the conditions found by the official warrant action by this bureau, 
such action is based on the report of our own representative. 

During the past year, as is usual, many complaints, signed and 
anonymous, have been received by the bureau, alleging the failure 
of incorporated concerns to pay employees weekly and in cash, as 
provided in the statute. 

When such complaints have been sustained by our inspectors' 
findings on investigation, legal notices have been issued requiring 
immediate compliance with ihe law. We have been generally suc- 
cessful in securing compliances with these special notices. 

ACCIDENTS. 

As will be noted by the summary of accidents, the law in regard 
to the prompt reporting thereof ig being eompliod with very satis- 
factorily. 

However, to my mind, there is still room for improvement in 
this direction, A special effort will be made by the bureau during 
the coming year to secure even a greater observance of this require- 
ment of the law. 

The amendment to section 87 of the law, requiring that the per- 
son 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, the record to be open to our inspectors when they are on 
the premises, will prove of great assistance to the factory bureau 
in perfecting its work in the collection of information relating to 



byCoOglc 



60 New Yobs State Defabtment of Labor. 

accidents and injuries in factories. A sample showing the form 
in which this office record of accidents is to be kept, is furnished 
in response to requests and inquiries for information about this 
matter and the same is set up iu the following form : 

Pursuant to the provisionB of the statute in effect October 1, IfilO, the commiti- 
sioner of labor will require that there be kept in the office of each factory, a record 
which ehaU coatain the iaformatiun as set forth in the following sample form: 

Name of firm: .- 

List of Employees Injubed. Bkoinnino October 1, 1910. 
Serial Name of Occupation at time Date of Date rep't'd 

No. employee. of accident. Home address, accident. to Albany. 



Not only must the above record be kept iu the factory, mine or quarry office, but 
all aceidenti and irtjuTies must be reported to the Factory Inapector, within 48 hours 
after their occur: ence. Forms for this purpose are furnished by the Factory Inspector 
on request. 

Failure to keep the record and to report accidents ia a mjademeonor. 

Many questions come to the bureau regarding the accidents that 
are to be reported. An effort is made by this office and by our 
oiRoials in the field, to make it very clear to those affeet«d by the 
statute, that reports are required covering only such accidents and 
injuries as happen in the factory or on the factory premises. 

A word of explanation is necessary with regard to the enormous 
increase in the number of accidents reported this year as compared 
with last. This increase in reported accidents throws absolutely 
no light upon the question of whether accidents in factories in this 
state are increasing in number or not. The increase is rather 
explained by changes in the method or completeness of reporting. 
Some of the increase is probably due to more nearly complete 
reporting of all cases, due to increased efforts by the bureau to 
insure reporting this year ; but, most of the increase is due to a 
change made at the beginning of this year, in the specification of 
reportable accidents. 

Prior to this year employers were required to report only acci- 
dents causing " cessation from work for at least half a day (five 
hours or more)" but on October first, 1910, this limit was abolished 
and thereafter all accidents were required to be reported which 
oauEied any interruption of work for the employee. The main 
reason for this change was the consideration that as an indicator of 



byCoOglc 



RePOBT of the CoMUISSIOIfEB OF Labob, 1911. 61 

danger a trivial accident may be quite as significant as a serious 
one. This change accounts for the fact that the increase in num- 
ber of accidents reported to nearly double the number lagt year, is 
almost «itirely in the number of non-fatal accidents. 

CHILD LABOR. 

To those interested in ^e work performed and the results 
accomplished by the factory inspection bureau, there is not a 
more interesting subject than that of child labor. Violation of 
the child labor provisions of the law has furnished a large number 
of cases for prosecution during the year. 

Coming into the department with an especially keen interest in 
this particular phase of the work of the factory inspectii^n bureau, 
I was surprised to find that the child labor problem was so well 
in hand. The law requiring employment certificates for children 
between 14 and 16 years of age, can be considered as generally 



There has, however, come to my special attention, a surprisingly 
large number of violations in the matter of employing children 
under 16 years of age in excess of eight hours per day and before 
eight o'clock in the morning and after five o'clock in the evening. 

Shortly after I assumed my duties as chief of the factory bureau, 
a vigorous crusade was started to wipe out as far as possible illegal 
practices in the hours permitted or required of children employed 
in factories. The inspectors, imder my personal direction and in- 
struction, were sent out in squads in Greater New Y^^k, to clean 
up every case that could be found of violation of the law in this 
respect. In the case of one hundred and thirty-seven concerns 
we were able to establish violations as to illegal hours for children 
and the delinquents were taken into court. 

There will be no cessation of our efforts along this particular 
line. We will aim to bring about strict observance of the law regu- 
lating hours of labor of children employed in factories and no 
labor will be spared 'to impress upon the employers of children, the 
fact that they may expect no leniency when found violating the 
child labor provisions of the statute. The question of the hours 
permitted and required of children in factories is one of e 



byCoOglc 



62 New Yoke State Defartueht of Labob. 

importance to the state and our energies will be concentrated on 
the wiping out of violations of this kind. 

For the year ended September 30tli, 1911, 13,083 children 
under the age of sixteen years were found employed in the factor- 
ies of this state, exceeding the number employed in 1910 by 753, 
Of the total number employed, 126 were under the age of fourteen 
years, and in every case where sufficient evidence of the age of the 
child could be obtained by the inspector, the employer was taken 
into court. 

A total of 12,957 children between the ages of fourteen and 
sixteen years was found employed, 736 of whom were ill^ally 
at work. 

The continued decrease in the number of children illegally 
employed, between 14 and 16 years of age, is shown in the 
following : 



SAFETY. 

'From personal observation it is very clear to my mind that one 
of the most objectionable and serious obstacles to safe conditions 
in factories, is the wooden partition found entirely too frequently 
in the shops and factories where facilities for escape in case of fire 
jre all but wholly inadequate. 

In many instances we have been fortunate in having these parti- 
tions removed or changed, merely as a result of earnest and urgent 
suggestion on our part. However, under the law we have no actual 
authority in a matter of the kind and in a number of cases we have 
been unable to get changes made which would materially improve 
conditions in the shops. These partitions not only obstruct but 
are a menace in case of fire. 

VENTILATION. 

Since my connection with this bureau our field force has not 
been required to accord any special attention to the matter of 
VMitilation in factories inasmuch as under the present law it is 



byGoogIc 



Report of the Commissioneb of Labob, 1911, - 6S 

almost impossible to secure satisfactory compliance with this 
provision of the statute. 

In some instances where atmospheric conditions were found to 
be particularly bad, improvement in the air conditions has been 
insisted upon. In every case where compliance with the law has ■ 
been demanded, we have firmly refused to approve the apparatus 
installed, making it clear to those interested that the bureau 
insisted on proper air conditions and would approve and accept 
only such conditions as met the requirements of the law and the 
standard established by the department. 

It is to be hoped that very soon a legal standard will be estab- 
lished BO that the bureau may be enabled to enforce provisions of 
the law calling for improved air conditions in tmaanitary 
factories. 

TENEMENT MANUFACTDEES. 

During the entire period in which the present tenement house 
law has been effective, 17,137 applications for licenses have been 
received, all but 586 of which were in Greater New York. 
During the year 1911, 1,387 applications were made. Of tlieae; 
33 stood refused at the close of the year, 140 were canceled and 6 
were pending on September 30, 1911. 

The tenement inspection work during the year was accorded 
particularly careful attention and the field force covered practi- 
cally all of the licensed tenements and rear shop buildings in 
Greater New York. 

At the time inspections were made by our officials, persons to 
lie number of 19,628 were found working in 12,982 apartments. 
Of the persons employed, 4,146 were working in 1,472 separated 
shops in stores, wherein the license features of the tenement house 
law do not apply. 

Persons to the number of 23p were illegally employed, while 
107 children of school age were working during the sessions of 
the public schools. Cases of disease reported in licensed houses 
numbered 64, but only 2 cases were found in apartments where 
work was being done. 

The sanitary condition of licensed tenements generaDy was 
found to be very satisfactory. Orders were issued against 310 



byCoOglc 



64 - ■ New Yoaz State Pefabtment of Labob. 

buildings, while in rear shop buildings, only 23 were found to 
require orders. 

In treating the subject of tenement work, the following from 
the report of the Superintendent of Licensee, Daniel O'Leftry, 
concerning work in New York City, is respectfully submitted. 

The total of all licensed tcDement houses inspected numbers 12,632, and 
the rumher of licensed rear buildings, commonly designated " rear shopa," ii 
40S, making a total of all iioeneed tenement buildings inspected during the 
year of 13,037. Tlieae figures esceed those of 1010 by 1,1B4 buildings. 

In the 12,032 licensed tenement houses 153,156 separate apartments were 
scrutinized besides cellars and basements and other parts of buildings not 
used in common and not used tor living purposes. Licensed tenement houses 
to the number of 5,291 were found to contain no workers at the time of 
inspection. There were 1,472 store shops, or apartments that were found 
wholly devoted to work purposes and having no connection whatever with 
living rooms. In these store shops were found employed 4,146 persons in- 
cluding the proprietors of such shops. 

The whole number of persons found at work in tenement housed', including 
those employed in shops therein, is 18,628. The number of persons found 
actually at work in living rooms on articles coming under § 100 is shown to 
be 15,230. The total number of apartments found in use under the law in 
tenement houses, 12,982. This number includes 1,472 stores and other shops 
in tenement houses, and makes the number of living apartments or rooms 
which were found in actual use under % 100 to be 11,510, which number 
of living apartments or rooms contained I5,2S0 workers. 

Again this year a slight falling off is shown in the number of rear shops. 
In IBIO, 431 recorded licensed rear shops were reported. This year we show 
only 405. I repeat my statement of last year, to wit, that this class of old- 
time and troublesome shop buildings is gradually disappearing. The chief 
cause is the construction of new and up-to-date shop buildings in which 
better accommodations are provided and which are vastly more satisfactory 
to both the employer and his employees. 

Of the 405 rear shops visited, 103 were found closed or devoted to ottior 
business. Only 23 orders were issued against the 302 shops found in use. 
This is very satisfactory as showing the sanitary conditions prevailing. In 
tha 302 shops were found employed 5,438 persons. 

Only 310 of the 12,632 licensed tenement houses inspected received orders 
of any kind. In all, 42 licenses were revoked for purely sanitary reasons. 
Cases of disease reported in licensed Jiouses numbered 64, but in only two 
apartmer.ts was disease found where work was proceeding, and none was found 
in shops. 

There were 107 children of school age found at work in their homes during 
school hours, all of whom were promptly reported fo the Associate City 
Superintendent of Schools for attention under the Compulsory Education 
Law. There is no provision of law placing this duty upon tliis Department, 
but I feel that the Department should have some record on the subject of 
the employment of children in the home, who are of school age, at least 



D.s.™cb,GoOglc 



Report of the Commissioneb op Laboe, 1911. 65 

in so far as tlieir employment may relate to work under | 100. Consequently, 
I have instructed the inspectors to carefully watch for children employed 
in their homes during the aessioiiB of the public aohools, to closely question 
and report any bo found and ascertain whether they attend schoolj cause of 
absence, etc., with reaultB as above noted. 

There were 239 persons found illegally employed in living rooms, i. e., 
239 persons who were not living in the apartments in which they were found 
at work. All such violations were dealt with promptly, that is they were 
discharged by the tenant who hired them on the order of the inspector 
when found or if not, the work of such tenant was promptly stopped by 
the use of the tenement tag. 

There were 071 licensee canceled for reasons other than sanitary, and 42 
licenses were revoked for foul or unclean conditioue found in the building! 
for which they were issued; 1,404 new licenses were written j 1,368 new appli- 
cations were filed; 1,406 notices were sent out to owners of tenement houses 
under g 105; 1,898 inspections or reinspectiona of new applications were 

Of the applications for licenses 165 were refused on first inspection; 140 
were canceled. Cases' of the application of the tenement tag numbered 7S, in 
4S of which cases the goods so ta^ed were sdzed and removed from the 
place where found. I authorize the inspectors to use the tag freely to secure 
prompt compliance with orders, as 1 find from experience that such treat- 
ment is more effective in bringing about immediate results than if we re- 
sorted lo tlie issuance of a warrant of arrest of the offender, in addition to 
a very large saving of time of the inspector who by this means is kept in the 
field instead of in court. 

There were 1,663 unrecorded tenement houses visited as being suspected 
of having persons employed in them of which only 201 were found to contain 
no workers. Tiw: total of all inspections of licensed houses, of houses for 
which new applications were filed, and houses suspected of violations of 
I 100 is shown to be 16,423. These figures show pretty clearly the constant 
activity of inspectors on this work. Complaints against this class of work 
have been few. This is especially true of those complaints having a valid 
basis under the law. 

I instructed the inspectors to carefully separate in their reports to me 
the ready made from the custom made clothing. This is, I believe, the first 
accurate information of this kind ever collected. I am much pleased with 
it. It ii as complete and as accurate a.s is possible to obtain as the data 
were all collected from personal contact with and interrogation of the 
people found employed. In considering this feature, the terms " ready made " 
and " custom made " should be understood to apply entirely to clothing 
for adult or child, male and female. Custom work is composed of work 
from the hands of the journeyman tailor, which is made by hand for the 
individual customer from measure. The " ready made " is that work 
made up for the public trade, irrespective of the quality of the goods or the 
class of the trade to be served. The number of home workers comprising 
both classes of workers run pretty evenly as to volume, 7,243 " custom " 
hands and 7,716 " ready made " hands being found. 



;i 



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66 New Yoek State Depabtmekt of Laboe. 

In locatiou there is a great difference, aa we find the cuetom workers scat- 
teied over evoiy part of tlie city, wliite the ready made clothing worltera 
are found in greatest volume in the aectiona wherein are located the shopB 
of the ready made clothing manufacture ra or of their contractora. Again, 
the majority of the custom workera are malea, while tho&e on ready made 
gooda are females, and of course, there is a very large diiTerence in the earn- 
ings of both classes as one class does only that part of the garment that 
I'liiiiiot be ilone in the sliop and requires no particular skill, while the other 
claas, the custom workers, must make and shape the garment after it ia cut, 
which requires skill and knowledge on the part of the worker obtained only 
after long service as an apprentice, etc., at this trade. 

Of workers on articles other than clothing, there were 1,902 feather 
makers, 1,170 artificial flower workera, 1,537 engaged on various other articles 
specified in § 100. 

The nationality or race of the worker is another very interesting feature. 
The iuBpectora reported 22 difTcrent races employed in the home, but the 
great bulk of such workers was divided between the Italian and Jewish races, 
tlie former having 10,081 while the latter bad 6,998. The numbers reported 
for other nntionalities or races were as follows: 



Indian 10,081 EngliBh 

Janiih 6,668 Negro 

Gemum 1.2T8 Fiiwiah 

Ameiioaa 781 Rusaian 

BohemUo. , . ! 174 Aiutrian 

Greek 99 ScoMh 

Irish 03 Chin«w 

Huntului B2 Slavoniui 

Frenoh S3 Bpsiiish 

Swedish 80 Cuban 



The aumbeT of recorded outstanding lioensea on October 1, 1911, was 
13,213 against 12,841 for lOlfl. Comparison with other years will ahow that 
the percentage of home workers does not fluctuate very materially. My ex- 
perience teaches that necessity ia the great impetus in this line or clasa of 
work. Few persona are met with among the home workers, who engage in 
such employment from purely sordid motives, or for the sake of earning 
mere pin money. The necesaity for honest and decent self support, or to 
aid in the aupport of dependents, is, we find, the chief reason for the greatest 
amount of so-called home employment, I am aatisfied also that this report, 
full and complete aa it ia, does not cover all peraoas who do work in their 
own homes, for I believe that there are many peraona id this city thus em- 
ployed who take great pains to hide that fact, not alone from the eyea 
of the law, but from the eyes of the whole world so far as possible. 

This work throws uf; into constant contact with that side of life where 
the struggle for existence ia greatest, and misery and want and destitution 
cannot be hidden, and by thoae who atrive to get a livelihcod by honest 
efforts. Therefore, while the mandate of the law is harshness itself, we 



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Kepobt of tub 0ommis8jon£b of Laboe, 1911. 67 

try to temper it$i enforcement witli as mueli coualderation, patience and com- 
mon sense and a spirit of human sympatliy as is possible to extend while 
perEormii^ our duty under the law. 

The general conditions met with show improvement, in that obedience with 
the requirements of the statute is more eaaily obtained than formerly, but we 
cannot chock or stop the moving about of the people who are engaged in this 
line of work. The bulk of new applications is caused largely by removals of 
workers who perhaps seek a better paying location in which to prosecute 
their labor, or perhaps more often seeking cheaper rent. 

I am pleased with the new arrangement which gives to this division a 
permanent set of inspectors and shall strive with them to make the work 
for the present year more thorough and efficient if such is at all possible. 

PHOSECIJTIONS. 

To effectively enforce the provisions of tlie law applying to 
factories and to maintain a proper respect for those administering 
them, makes it necessary in many instances to have recourse to 
the courts. No year's work proves an exception to this rule, as 
the lesson sought to be impressed by resort to punitive action 
appears to be soon forgotten. This holds good especially in regard 
to the employment of children. In spite of all admonition and the 
publicity given to this subject, a comparison of the records for the 
past six years, in which period more drastic efforts were resorted 
to than at any other previous time in the history of the bureau, 
shows violations of this character continue to form the greater 
part of the causes for prosecution. 

The table setting forth a summary of prosecutions, and forming 
part of this report, is divided into two parts, the first giving cases 
pending on October first, 1910, and the other the cases iiistituted 
between that date and September 30, 1911. Out of 84 cases in 
the first group, 80 were disposed of, 2 are awaiting trial, and 
2 the magistrate's decision. These last two mentioned cases have 
been held in the balance since 1909. 

During the period covered by this report, 413 cases were insti- 
tuted, 285 for the illegal employment of children or nearly 70 per 
cent of all the cases brought. For failure to observe the laws of 
sanitation and safety 99 cases were instituted; there were 17 for 
eniploying minors and women under 21 illegiil hours, 2 for permit- 
ting work in unlicensed tenements, 5 for 'failure to improve 
unsanitary bakeshop conditions, 3 for failure of corporations to 



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68 New York State Department of Labob. 

pay their employees weekly, 1 for failure to report accidents and 
1 for interfering with the inspector while in the discharge of his 
duty. 

Of all those which came to trial there were 56 dismissals or 
acquittals, 6 withdrawals and in 188 cases sentences were 
suspended. In 129 cases fines were imposed abrogating in 
amount the sum of $3,050. 

In concluBioUj I desire to express my appreciation to you .and 
the entire force of the bureau of factory inspection, my thanks 
and appreciation for their earnest co-operation and assistance in 
carrying out the laws of this Department. 
Respectfully submitted, 

(Signed) Johit S. Whalen, 

Chief Factory Inspector. 



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Eefobt of the Commissioner op Labor, 1911. 



(B) Report of the Medical Inspector of Factoeies. 

How. John Williams, 

Commissioner of Labor, Albany, N. Y. 

Sib: I hereby submit my report as medical inspector o£ 
factories for the year ended September 30, 1911, 

During the year my activities have been confined principally 
to "New York City, and were devoted to routine work in relation 
to ventilation, inquiries regarding sanitation, the possibility of 
poisoning or disease resulting from varions processes of manu- 
facture, and special investigations. 

The special investigations completed were those relating to 
atmoapheric conditiona in the factories devoted to the manufacture 
of cloaks, suits and skirts in New York City, and the danger ©f 
mercury poisoning in the manufacture of felt hats. Reports of 
these are appended hereto. 

Through the courtesy of the Board of "Directors of St. Barthol- 
omew's Clinic, the Department was continued in the privileges 
of the laboratory for intensive study and research work in con- 
nection with the various investigations undertaken. 

The Department was represented at the Conference on Indus- 
trial Diseases held at St. louis December 29-30, 1910. 

That the activities of the Department relating to intensive work 
into atmospheric conditions of workrooms are now fully recog- 
nized, was evidenced through a request from the Commissioner of 
Health, and the Committee on Ventilation of the City of Chicago, 
for an investigation into, and a report upon, the practicability of 
ventilating basements and cellars of mercantile establishments and 
workrooms. A report of investigations made in response to this 
request is appended hereto. 

^Factory inspection relates to inspections and investigations of 
conditions affecting the health, safety, and welfare of the workers, 
a large amount of this work being properly classified as industrial 
hygiene. Medical inspection, therefore, is intimately concerned 
with (1) obtaining of data regarding the sanitary conditions of 



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70 New Yobk State Department of Labob. 

factories or work rooms, (2) investigating and studying the 
various processes of manufacture with a view toward determining 
the presence of injurious or dangerous substances, especially, 
irritating or poisonous dust, fumes, gases or vapors, (3) conduct- 
ing physical examinations of the workers for the purpose of 
preventing the spread of infectious or contagious diseases, (4) the 
phyiscal examination of minors and women to determine those 
physically unfit to continue work, and more especially the exami- 
nation of all workers engaged in industries known to be dangerous 
to health, for the purpose of preventing poisoning or disease, and 
(5) the recommending of such means or devices «s may prevent 
injury, poisoning, or disease in the various industries. 

At present there is no legislative authority which permits the 
Department to carry on any investigations as to the actual physi- 
cal conditions of the workers, which is essential to the completion 
of an investigation of any industry. Investigations and inquiries 
have been limited therefore to intensive studies of the procrases 
of manufacture, the conditions under which -the workers are 
obliged to continue their labors, and the dangerous elements 
present to which the workers are exposed. 

VENTILATION. 

Ventilation, i. e. factory or industrial ventilation may be 
divided into — 

General — as .applied to all work rooms, irrespective of the 
nature of the work being carried on, and 

Special - — ■ as applied to the removal by mechanical means of 
(fust, fumes, gases or vapors generated during the process of manu- 
f^actnrc, or resulting from the handling or storage of materials 
used in the industry. 

General ventilation may be secured either by natural or 
mechanical means, but just when the natural means cease to be 
proper and sufficient, and mechanical means liecome necessary can 
be determined only through comparisons with scientific standards 
which must be maintained. In the ease of natural means, the 
standard nmst obviously be one of permissible amount of vitiation, 
determined preferably by a certain definite indicator, such as the 
amoimt of carbon dioxide present. 



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Eepoet of the Oommibstonek of Labor, 1911. 71 

Special ventilation may be secured only through mechanical 
meaus, for its is self-evident that the removal of dust, fumes, gases 
or vapors, must be accomplished through pipes properly connected 
with blowers or exhaust fans o£ large capacity. Where it becomes 
necessary to dissipate heat or humidity, the air must be constantly 
and uniformly changed. 

Section 86 of the Labor Law relates to general ventilation, but 
there is an absence of specific standards as to purity or volume 
of the air required. Again, that portion of the section dealing 
with steam, gases, vapors, dust or other impurities generated in 
the course of the manufacturing processes carried on, relates to 
special ventilation, but fails to state specifically as to how the room 
shall be ventilated to render them as harmless as practicable. 

A portion of section 81 applies to special ventilation, in that 
it specifically provides for proper hoods and pipes and that such 
pipes shall be connected to an exhaust fan of sufficient capacity 
and power to remove all matter thrown off from grinding, polish- 
ing, or buiBng wheels, as well as dust and impurities from machin- 
ery creating the same. Were these specific requirements made 
applicable to that portion of section 86 relating to steam, gases, 
etc., it would, in my opinion, tend to solve one of the ventilating 
problems, as well as to render safe, many industries which are now 
a menace to the health of the workers, and in many of which 
women and children are employed. A large number of these 
industries are to be found in tenant factories and converted dwell- 
ings situated in congested districts, 

I have found that there is an inclination on the part of most 
factory proprietors to secure good atmospheric conditions in the 
work rooms, but as a rule they desire to be shown specifically 
what is required by the law in order to comply with its provisions. 
In the case of dust creating machinery this is easily accomplished, 
but, in many instances, large quantities of diist are present in the 
atmosphere not due to machinery, and it becomes difficult to secure 
proper compliance with the law; this is also true in regard to 
fumes, gases, vapors, excessive heat and humidity. 

The investigation undertaken in the cloak and suit industry 
is a definite illustration of the capabilities of natural and mechani- 
cal means for general ventilation in factories. 



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72 New Toek State Department of Labor. 

It must be conceded that, in large lofts with plentiful window 
area, and where the workers are spread out, good atmospheric con- 
ditions may be maintained through natural means, but this is true 
only in industries where no dust, fumes, gases or vapors are an ac- 
companiment of tie work carried on. 

■Some work was done for the bureau of mercantile inspection in 
relation to ventilation. The report of investigations into the ven- 
tilating ooufditions of a large mercantile establishment appended 
hereto sJiows what results may he accomplished by the installation 
of a proper system. 

LIGHT. 

The proper lighting of factories is an important question, for 
it concerns not only the health of the workers, but also the preven- 
tion of accidents. 

Labor laws are intended to protect the health of the workers by 
requiring work rooms to be properly supplied with the natural 
conditions for labor, especially as to air and light. Notwith- 
standing this fact, there is a dearth of legislation relating to the 
subject of proper lighting and it has not received attention propor- 
tionate to its importance. 

In all factories visited I have found it the desire of the workers 
to get ]ust as near the source of natural light as possible, with the 
result that in many industries there is a certain amount of crowd- 
ing abobt the windows, which increases as the window area becomes 
limited; that this has a direct effect upon air vitiation is conclu- 
sively shown in the Departmental investigation of atmospheric 
conditions in various industries and more especially that of the 
garment workers. This spells the need of l^slation requiring 
sufficient window area, both as to floor space, and to the number of 
workers. 

The use of certain kinds of window glass, and especially that of 
ribbed or prismatic glass, has the advantage over ordinary window 
panes in that the natural light is diffused over remote portions of 
the work room which would otherwise be dark, but it also has the 
disadvantage of causing a glaring and intolerable light to fall upon 
the workers' eyes on very sunny days. This I ha\'e found to be 
so from inquiries made of the workers in factories where such glass 



D.g.tizecbvGoOglc 



Report of the Commissioner of Labor, 1911. 73 

is used, and have confirmed the truth of these statements from 
personal investigations as to the effects. 

Connecticut poasessea a law which provides that colored and 
corrugated glass may be removed if injurious to the eyea of the 
workers. I would recommend that such authority be given to the 
Department. 

I would again refer to the question of the obstruction of natural 
lighting of work rooms through uncleanliness of window panes, 
arrangement of stock, partitions and machinery and recommend 
remedial legislation granting the Department authority to regulate 
such conditions. 

In my previous reports, the question of artificial lighting in its 
relation to air vitiation has been fully discussed. Its effects upon 
the eyes of the workers, if too dim, or too glaring, are to cause eye 
strain, nervous disorders, dimness of vision and the loss o£ eye- 
sight, which latter is the greatest calamity that can befall anyone. 
It has been impossible to undertake an intensive investigation into 
the subject, but as a result of general injuries among the workers, 
I find there are a number who suffer from the effects of faulty 
lighting. I have observed many workers employed with unshaded 
gas and electric light directly on a level with the eyes, and from 
my own experience with such means of lighting, I am fully con- 
vinced of the harmfulness of such illumination. 

When artificial illumination becomes necessary, there should 
be a fixed minimum standard of light to be maintained, as well as 
a proper means of protection from too brilliant illumination. 

In Holland the law requires a minimum intensity of ten bougie 
meters (one foot candle) to be maintained, and, in some special 
industries, such as sewing, knitting, embroidery, jewelry, engrav- 
ing, printing, etc., an intensity of fifteen bougie meters (one and 
one half foot candles) is required. 

In the opinion of experts, this is a fairly scientific and practi- 
cable standard. I would recommend the adoption of such a stand- 
ard. In my opinion, the Department should also be given author- 
ity 60 require Chat workers be iprotected against excessive radiation 
from the illumination in use. 



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74 New Yobk State Department of Labor. 

dust, ptjmes, oases, etc. 
The list of principal induslrial poisons, as tabulated by a com- 
mittee of the Internationa] Association for labor Legislation, con- 
tains thirty, and shows that the mode of entrance of such poisons 
into the body is as follows : 



The industries wherein the workers are exposed to such poisons 
are numerous. 

As a rule, most dusts, gases, fumes and vapors are either so 
unpleasant or irritating in their effects that the necessity for their 
removal is quite evident. In many industries, however, gases and 
vapors of a character dangerous to the health of the worker are 
present and yet imperceptible to the ordinary senses. 

The question of dust in the industries has received such close 
attention during the past few years that its injurious effects have 
been fully demonstrated. The activities of the Department have 
been dewted to intensive work regarding this important subject 
and in the previous reports the question of dust has been discussed 
at length. 

Through Departmental investigation, it has been demonstrated 
that in certain industries not classified as dusty, the presence of 
dust in some quantities is one of the elements of danger. 

An analysis of samples of air secured in the shops where skirts 
are made showed as high as 70 grams of dust per million litres of 
air, this being as large a quantity as was found in some of the 
pearl button factories. The reason for its not being very apparent 
is due to the fact that it is mostly organic, consisting of fibres of 
cloth, emanations from the human body and, probably, particles of 
food. The tests for oxidizable organic matter showed over 2 grams 
per million litres. The danger from the presence of large amounts 
of organic dust is due, not only to the irritating properties of some 
of the cotton and wool fibres, but because it is fertile ground for 
the growth of disease germs. 

In some industries the danger is not alone from the irritating 
organic dust but from the addition to it of irritating inorganic 



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Report op the Commissioner of Labor, 1911. 75 

dust. This is sliown by tlio analysis of samples secured from the 
finishing room of a felt hat factory. In one gram (15 grains) of 
dust, there was found .01021 grams of silica, a fine sharp sub- 
stance which is the principal ingredient of glass. An analysis of 
a sample of dust secured in a room where paris green was boxed 
showed .303 grams per cubic meter, and further analysis showed 
that of this, .093 grams was arsenic. This dust is not only poison- 
ous, but very irritating, and, as a result of spending several days 
at the plant, the mucous membrane of my nose, as well as that of 
Inspector Vogt, was inflamed for some days after our visit. 

Samples of air secured in a brass foundry were analyzed and 
showed 75,2 grams per million litres of air, and of this 55.4 
grams were silica, which undoubtedly came from the fine sand used 
for the flasks or moulds in which the metal is cast. 

This is conclusive proof of the necessity for granting the De- 
partment authority to formulate regulations applicable to special 
dusty conditions in the industries. 

In order to satisfactorily safeguard the health of the workers 
and protect them effectively from dangers of gas, fumes and 
vapors, specific regulations applicable to the various industries 
wherein such fumes, gases or vapors are generated, are required. 
The question as to whether such conditions are the result of 
processes of manufacture or otherwise, and as to whether they 
may be dealt with effectively by appliances attached to machines, 
by general ventilation through the use of artificial means, by appli- 
ances to be worn by workers, or by a combination of these nieaiis, 
must also be given careful thought. 

There are many industries other than chemical works in which 
gases, fumes and vapors may be present, not however, due to pro- 
c^ses of manufacture. These impurities may be in themselves 
harmless, but in combination with other gases or with dust they 
may become dangerous ; they may be irritating in character, or 
under certain conditions of temperature and humidity they may 
lower the vitality, and predispose to disease; or they may he 



As a result of the investigation in the cloak and suit industry, 
the presence of carbon monoxide was conclusively shown to be 
present in the air breathed by the pressers who used gas irons. 



Dni.tizc-ct.GoOglc 



76 New Yoek State Depabtment of Labor. 

This is a most deadly gas and not perceptible to tlie senses, but 
under the present law we have no specific method of dealing with 
this dangerous element. 

Experience has demonstrated the need for well detined stand- 
ards embodied in the law, providing for the effective removal of 
impurities. 

WOMEN AHD CHILDttEN. 

The employment of women and children in the industries is a 
question of industrial hygiene as well as of economics. It is an 
established fact that they are very susceptible to poisoning and 
disease, and upon the conservation of their health depends the 
health and usefulness of the future generation. It, therefore, 
becomes a matter for medical inspection. 

To pursue intensive investigations into the subject would re- 
quire time and a stafE of specially trained investigators. As part 
of my activities some attention has been given to the conditions 
found in factories relating to the safety, health, and welfare of 
women and children. 

Section 88 of the law provides that " Where females are em- 
ployed, dressing or emergency rooms shall be provided 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." 

As a result of my visita I find that in the factories, and large 
tenant factories, this section of the law is generally complied with. 
In many of the large factories a dressing room is not only pro- 
vided, but a lunch room as well, and in many instances there is a 
small surgical room with a nurse in constant attendance ; this is, 
of course, a branch of welfare work worthy of consideration. On 
the other hand, in many of the other smaller tenant factories 
visited, I find that, owing to the smailness of floor area, and lack 
of windows leading to outside air, it is almost an impossibility to 
secure proper compliance with the law requiring dressing rooms. 

■Such rooms as are provided seem farcical, and are never used 
except for accumulating rubbish which aids in making the shop 
unsanitary. In my opinion, a remedy for this would be in requir- 
ing the owners o£ such tenant factories wherein it is impossible to 



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Repobt of the Cohuibsionsb of Labob, 1911. 77 

provide suita'ble emergency or dressing rooms in the individual 
holdings, to set aside a portion of one floor for a common dressing 
or emergency room, provided with sanitary conveniences and 
lockers. 

Section 17 of the law provides that every person employing 
females in a factory shall provide and maintain suitable seats for 
the use of such female employees, and permit the use thereof by 
such employees to such an extent as may be reasonable for the 
preservation of their health. 

As a result of my observations it would seem that there ia a wide 
difference of opinion as to what are suitable seats. In many 
industries the workers are seated during the entire period, using 
chairs, stools or beneh^. Many industries require constant stand- 
ing on the part of workers operating machinery, and rest is secured 
by using a small shelf attached to the machine. Very few of the 
seats that I have seen are in my opinion really suitable or restful ; 
there should be a standard, and I would respectfully recommend 
that a seat to be accepted as suitable should be such, that when the 
employee sits the soles and heels rest comfortably on the floor. 
Also, that such seats have a back set at an angle of not less than 
100 degrees. 

In many industries where women are employed near machinery, 
dangerous accidents have occurred through the long hair catching 
in gearing, pulleys, or about shafting. I would recommend that 
authority be given to the Department to require the proprietors to 
furnish caps or head coverings for females engaged at work near 
machinery. 

It must be conceded that a minimum age limit for working chil- 
dren is of great value, but the mere question of chronological age 
is no real determination of the child's physical fitness to engage in 
certain occupations, for I have found eighteen year old boys, who 
physically looked only fifteen, engaged at dusty occupations fit 
only for strong adults, and I have also seen children between four- 
teen and fifteen carrying heavy loads and engaged at work tending 
to decrease the vital resistance and make a poor physique, but 
under the law they were legally cmploye<l. 

In the majority of foreign countries, the child before beginning 
work must possess a certificate of physical fitness obtained only 



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78 New Yokk Statk Departmknt of Labor, 

after a thorough medical examination, and, after having begun 
work, re-examination as to fitness to continue work may be required 
by the visiting inspector. In my opinion such authority should 
be granted to the Labor Department 

A maximum standard of labor which may be performed by 
minors is essential for the encouragement of their proper physical 
growth. This question has been made the subject of legislation 
in France, and I quote some of the provisions relating thereto. 
Children under eighteen years of age are not allowed to operate 
foot-power machines, nor to turn horizontal wheels. No male 
employee under eighteen years of age or any female employee 
in an industrial establishment is permitted either inside or out- 
side of the work place to carry loads in excess of the following 
weights : 



In a large number of industries, considered dangerous teeause 
of the risk of poisoning, or because of the production of deleter- 
ious gases and dust, children under IS and all females are pro- 
hibited from even entering the places in which the processes are 
carried on. 

In a large number of industries it is also prescribed that chil- 
dren under 18 years, minor girls, and women shall not be em- 
ployed in the workshops where dust is freely given off, where acids 
are used or their fumes are present, where the fumes of carbon 
dioxide or benzine are given off, and where poisonous materials 
are used. 

In my opinion, the Department should he granted authority to 
formulate prohibitive regulations along these lines. 

INnUSTRIAI. DISEASKS. 

Labor laws are intended for the protection of the health of all 
workers, and while there are many diseases traceable directly to 



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Report of the Commissiones of Labob, 1911. 79 

the occupations in which the workers may be engaged, the scope 
of medical inspection of factories is more to determine those 
pathological conditions due to the industries, meaning thereby, 
mantifaefuring processes or work in factories; there remains then, 
a number of occupations within the provisions' of the law, to which 
medical inspection might be extended. 

The study of the causes of diseases from which the workers 
suffer is one of the first principles of industrial hygiene, as well 
as one of the most intricate problems. The classification, or as 
we might term it, medical nomenclature of such diseases is no 
simple matter, owing to the fact that there are so many causes to 
be considered. 

In order to apply proper safeguards, statistical facts must be 
secured tending to prove that the industry is the dominant Eeti- 
ologieal factor in causing disease. A mere compiliation based 
upon general reports, or conclusions drawn from the hasty observa- 
tions or casual inspections of the workers, is of little value. In 
order to secure data that may be of material assistance in formu- 
lating regulations, it becomes necessary to make an intensive study 
of the industry, the worker, and the housing conditions. 

In undertaking an intensive study of the industry for the 
purpose of defining its relation to disease, the Department has met 
with signal success. The result of the investigations already 
completed shows definitely just what dangers are present from 
processes of manufacture, materials used, or conditions under 
which the industry is carried on. 

The study of the workers presents a difficult problem, for it 
must comprise, not only a thorough physical examination of each 
one, but also a study of personal hygiene. To attribute to the 
industries various diseases, based upon superficial examinations 
of the workers, or upon mortality statistics is erroneous. For 
accurate data it becomes necessary to look to the foreign countries ; 
we are still lacking in those medical statistics which would go a 
great way toward demonstrating just where the fault lies. 

The hospital and dispensary records fail to show definitely the 
relation of tJie patient's occupation to the disease, and though I 



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80 New York State Department of Labor. 

was informed that there have been tabulations made relating to 
the illness of workers in certain industries, suoh statistiea have 
been collected for personal use and were not available. 

The present mortality statistics are of small value, for there 
are many deaths due primarily to the occupations of the workers, 
but which have not been recorded as such. The following list 
furnished by Dr. Guilfoy, Registrar of the New York City Health 
Department, shows the number of deaths from occupational 
diseases reported in Greater New York during the year 1910: 



In proportion to the population, and the number of known 
dangerous industries, these sfatisties would indicate a very low 
mortality from occupational diseases or poisonings. 

From Janitary to October, 1911, there were reported to the 
New York State Health Department : 



Of the many diseases attributed to the industries, tuberculosis 
(pulmonary) has received the most attention from statisticians. 
According to the authorities, the death rate from this disease is 
very high among workers in tobacco, textiles, cutlery and pearl 
buttons. 

The following table which I have compiled from reports of the 
State Healtih Department, January to October, 1911, shows the 
number of deaths from pulmonary tuberculosis which occurred in 
New York Oity, 'and a few cities and towns in other parts of the 
state. The places selected were those wherein one industry pre- 
dominated, and the factories had been visited by me. It is inter- 
esting to note that the industries tabulated are ones considered as 
ranking high in predisposing to pulmonary tuberculosis. 



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Repobt of the C0MM188IONEB OF Laboe, 1911. 



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The adtli'tion of section 58 to the law, which requires the 
reporting of certain industrial poisonings and diseases, will 
undoubtedly aid in determining more fully industries dangerous 
to* the health of the workers. 

In my opinion, the Department should be given authority to 
require tliat all industrial jwisoniiigs be rcqwrted. During my 
visits to the fiiotori^, I have, in different industries, observed 
workers, who, in my opinion, were undoubtedly suffering from 
the effects of aniline, zinc, benzine, carbon monoxide, and alcohol, 
both amylic and methylic. Inquiries made of the workers seemed 
to confinu my belief. 

Accompanied by Inspector Vogt, some time was spent in a brass 
foundry for the purpose of securing samples of air during tJie 
periods of casting the metal; ■twenty-four hours later Mr. Vogt 
became quite ill, and exhibiteti all the symptoms of zinc poisoning, 
the illness lasting for several days. Analysis of the samples of air 
secured showed the presence of aine and copper, which was 
definite proof of the danger from zinc poisoning, since the 
analyses were ciinfirmed by the actual efforts upon one c.\iposed to 
the air. Inquiries made of the workmen in this and other brass, 
foundries confirmed the fact, for all suffered from the symptoms 
known as brass founders' ague, which is zinc poisoning. 

Referring to my report for 1909, the dangerous nature of 
materials used in the manufacture of incandescent mantles was 
pointed out. In the report of the Chief "Factory Inspector of 
Great Britain for the year 1910 appears the following report of 
Dr. Collis, one of the medical inspectors: 

Manufacture of incandescent mantles. Four factories wliere incandescent 
mantles arc itmniifactiired have been visited to ascertain whether under the 
present conrlitions of the work an;- injury ia caused to the worliera (11 by 
vapor arising from the baths in wMch the mantles are dipped; (2) excess 
of carbon dioxide generated in the process of seasoning or burning. The 



byCoOglc 



82 New Yobk State Bepartmext of Labor. 

dipping batli contains a mixture of metlijlated ctlicr (induatnal epiiit) 60 
per cent and methylated spirit 30 per cent in uIjicIj is dissolved collodion 
and camphor The lapor arising from this mixture if breithed to anj ex 
tent by the workers causes headache sickness, anorexia sleepiness and 
lassitude stmpton s ^liih are e<i.per tiiCLd to a ^ttate" extent on first com 
mencing emplo(niLnl U one factori \iiere the workers had to enter the 
hot stoves heated to about 115 degrees F to carry in the mantles for drying 
and to remove the dried mantles all seven workers complained of some of 
the symptoms described * ■ • Mutable hoods and exliaiist ducts mini 
mieing the amount ol vapor uhich escapes can be fliLed oier the d pping 

This is confirmation of the dangerous nature of this industry, 
and in the places visited bj me the employees were mostly minor 
females and children. 

In the manufacture of felt hats, the principal danger has been 
considered to be from mercurial poisoning. As a result of the 
investigation undertaken by the Department into this industry, 
it has been found that there is also an added danger from carbon 
monoxide poisoning, and in the finishing process, the workers are 
liable to pulmonary diseases resulting from irritation of the 
mucous membranes through the inhalation of dust containing 
large quantities of silica. This dust is created in the pouncing 
and finishing of the hats with sand paper. From merely superfi- 
cial physical examinations of a number of workers in this indus- 
try, I found many of them suffering from bronchitis, although 
from general ajipearances they were of fine physique, llany of 
them are reported as suffering from tuberculosis, but this I was 
unable to confirm. 

Dr. Waters of the New York City Health Department Tuber- 
culosis Clinics reports that during 1910 the percentage of tubercu- 
losis in various occupations represented at the clinic was as fol- 
lows: laborers, 3.52; factory, 2.86; operators, .5.47; prossers, 
2.5; cutters, 1.82; painters, 1.48; car])cnfers, 1.22; furriers, 1.22. 
All the garment %vorkers grouped togc-ther furnish over thirteen 
per cent., and yet the trade has never been classified as dangerous. 

It is quite evident that the question of industrial diseases 
demands an intensive study, and I would reside t fully recommend 
that authority be granted the Department to do so. 
Respectfully submitted, 

C. T. Ghaham Rogers, 
Medicnl Inspector of Factories. 

DigmzedbyGoOgle 



Repobt of the CoMMisaiosEE OF Laboe, 1911. 



REPORTS OF SPECIAL INVESTIGATIONS. 

I. VENTILAIION OF A DEPARTMENT STORE. 

I would report that as per permiaaion granted to comply with request of 
Hon. W. A. Evana, M. D., Commiasioner of Health, of Chicago, 111., I vieited 

the mercantile establiahment of in New York City, on November 

10th, nth and 12th, for the purpose of making determinations of temperature, 
humidity, carbon dioxide and dust. Deputy Factory Inspector Vogt accom- 
panied me during the visit and aided in the laboratory determinations. In 
order to Rnish in time to comply with the Commissioner's request, it became 
necessary to do the laboratory work on the nights ol the lOth and Ilth. 

That portion of the basement devoted to merchandise ia really a basement 
surrounded by a balcony, but there is a very large portion of it under this 
so-called balcony basement. From the basement there is an exit to the 
roncouvsc of tlie Mc.4doo tunnels. 'I'he siib-hasenient is devoted to shipping 
and packing, and is divided by low partitions and racks; there are quite a 
number of young women employed here. 

There is a combination system of heating and ventilation of the plenum 
and exJiBUat type. There are nine intake fans, each being about seven feet 
in diameter, the air being taken dirctly from the sidewalk by means of three 
intakes. The air is washed, screened and then driven through the building. 
In the basement and basement balcony every other supporting column ia an 
air aupply, the source of supply being near the ceiling, while the exhausts 
are along the walls near the floor. In the water closets at the back of each 
hopper there is alao an exhaust. A determination ahowed the temperature 
of the air bting supplied to be 64 degrees F., humidity oO. Outdoor deter- 
minations showed temperatuie 45 degrees F., humidity W. In the sub- 
basement, air anpply i^ from ducts along the ceiling, and the exliausta are 
from gratings set in the floor and along the sides of the walls. There are 
ten fans for exhansting, which are about the aame size as the supply fans. 

Determinations were made in basement balcony, baaement and ^ub-base- 
ment for temperature, humidity and carbon dioxide. Samples of air were 
collected, and laboratory determinations made for ammonia, ox i disable or- 
ganic matter, and total solids (dust). Bacteriological determinations will 
also \l^ made. The large amount of tot>al solids found is probably due to 
(1) air intalces being at street level; (2) newness of wooden doors, not yet 
thoroujjhly oil soaked; (3) drj'ing out of new plaster walls. 

Below are the results of our findings. Temperature and humidity read- 
ings were taken at door, breathing, and high levels, and are marked re- 
spectively a, b, c. Tlie diagram following the table shows where tests 
were made by the letters A, B, C, etc. Determinations are per million litres 
of air. The carbon dioxide ia recorded as parts in 10,000 volumes, 'xne 
ammonia in every test was less than .5 part per million. In all cases, the 
air was carefully aspirated and measured ; at no time were less than fiOO 
litres aspirated. 



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Nbw Toek State Dbpabtment of Labob. 



Location of Met. 



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Rbpobt of the Commissioner of Labok, 1911. 85 



orcauie COi in 

Tempera ture. Humid- mattei SoUda 10,000 

Location of t«at. (P.) ity. (cruui.) (cnnu). volumsi. 
Not. 12. Pardy Orndf. Tmperitian iS°. Humiditv St. 



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Repoet of the Commissioner of Labor, 1011. 



II. CLOAIi: AND SUIT INDUSTRY IN NEW YORK CITY. 

Teciimcal Report. 

At the request of the Joint Board of Sanitary Control of the Cloak, Suit 
and Skirt Industry of New York City, an inveatigation into the atmospheric 
conditions of the factories devoted to this industry was undertaken. 

Tbat the WDTk might be facilitated, an assistant was provided by the Joint 
Board. In order to make the investigation an intensive one, I deemed it 
advisable to select certain types of buildings in which clo.ik and suit factories 
were to be found, and made a thorough study of each shop in the various 
types of buildings. Thus observations were made of the acta^l working con- 
ditions coTering the entire day. The types of buildings selected were classi- 
fied as follows: 

Loft Buildingt, Recent Type. This included the large fireproof loft build- 
ings of recent construction, containing all the up-to-date installations for 
lighting, heating and plumbing. 

Modern Loft BuUdlnfia. This included the loft buildings erected some 
years ago (ten to fifteen), and not possessing the most modern improvements. 

Old Tfipi: Loft Bvil<lingK. This included the old style loft factory building, 
as a rule not over six stories in height, containing no modern c 
and having two or more shops on each floor. 

('oni-c,(p,J 7Vnei»cjj(.! .,nd Conrc-tetl D'rcllin 
formerly used for family habitations, and wei 
congested districts. 

A number of buildings under each class were visited for comparison. 
Corner buildings as well as block buildings were included in each type. 

In order to properly consider the <iuestion of atmospheric conditions in 
the factories, it becomes necessary to know what is the ideal outdoor atmos- 
pheric condition, as well as the composition of the street air in NeW York 
City, BO that proper comparisons may be made. 

Air is a mixture of gases. An analysis of air commonly accepted as normal 
ia as follows: 

Oiy<™ 21.0* 

Nitro*™ 78.08 

Argon ,,, 0.94 

CarboQdioiido 0.03 

Watery vapor varUbls. 



O^uiic nuttor. - - vuubla. 

Helium, trj-ptoo, neoo, xenon, hydrogen tracei. 

This analysis is volumetric and represents parts per 100 volumes. 
Analyses made in St. Bartholomew's Laboratory of samples of New York 
Ci^ street air were as foltow^'; 



Carbon dioiide 4 parte per 10,000 viAaa 



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88 New Yoek State Depabtment of Laboh. 

Total solids-, ,..-...-- Ul-OO ftrams per miUion litres. 

Oiidiiable organic matler 12.00snuiKper miUian liUee. 

ADUuama 3 parte pet millioa. 

Csrboa diosLdo 4 parts per 10,000 volumM, 

Bacteria 12 per litre. 

Microscopic examination of the aolid muttfr showed liorse manure, quartz, 
sand and a dark Hulistance probably asphalt or cindera. 

Analysis of a sample of air secured at Centreport, L. I., at an elevation of 
one hundred feet above sea level, at early morn, showed 2 bacteria and 8 
nn,uld9 per litre 'li air after four days' incubation at a temperature of 2S 
degrees centigrade; also: 

Total aolida (inorsanic) 7.00 erame pet million li'r. b, 

Oiidiiable oreanic matter -.,..,..,.,.---... 0,2 ^rama per million litres. 

Carbon dioiide 3 + parts per 10.000 volumes. 

The foregoing observations of local outdoor atmospheire afford the means 
for comparison with the conditione found in the factories tabulated. 

An examination of the appended tables to these special reports shows 
some interesting data and does not support the usually accepted theory that 
a large loft witli nuiiioioua windows means one that is «ell ventilated, or 
that old buildings in the congested district are unbealthfuL' 

In tabulatii^, especial care was taken that the records should be of the 
usual working conditions, so that findings due to sudden changes resulting 
fioni tlie opening <jf a large number of windows at once, or suddenly start- 
ing up ventilating apparatus, and thereby causing sharp changes in the 
leading (usually low], were not recorded in the tables. In aome instance*, 
readings taken at noon, jugt after work was stopped, and a number of em- 
ployees had left the loft, are recorded for comparison. Several readings 
were taken in the morning usually beginning about 9 a. m. and again in 
the afternoon, from about 1:30 to 5 F. M., and the maximum a. m. and F. u. 
readings recorded in the table; the upper reading being a. m., tbe lower one 
p. M., except when otherwise noted. 

Tbe samples for dust analyses were obtained by aspirating tbe air through 
special bottles containing sterile water and not confining tbe selection to 
any one portion of the room. In securing samples of air for determination 
of carbon monoxide-, they were taken at the bre.ithing level of fbe pressers. 

In determining the presence of micro-organisms, iwo methods were used, 
tlmt of exiposing a gelatine plate known as a Petri dish, .and alao aspirating 
a known quantity of air through sterile water, and then transferring a 
definite quantity to a culture media, according to a method for determining 
bacteria in water, recommended by the American Public Health Association. 

In the tables, the wet bulb thermometer readings have been recorded in- 
stead of relative humidity readings being calculated. By so doing, the actual 
amount of aqueous vapor present is more definitely shown and clearer com- 
parisons may be made. 

No record is made in the tables as to the number of windows open, for 
in the majority of places visited, they were opened or closed at the con- 
venience of the workers, so that windows were open and closed intermittently 
during the securing of samples. This was also true of places where ventilat- 



byCoOglc 



Repobt of the Comuissioneb of Labob, 1911. 89 

ing fans were iaBtatled, for the operations of these fans called forth loud 
protests from the workers near the windows used as intakes that they could 
not stand the dTaughts. Windows having ventilators were not exempt from 
being closed. 

In con^deriiig the carbon dioxide, tcnuperature and wet-bulbs, it will be 
noticed that they often vary in different parts of the room. This shows 
that there are not only numerous air currents and cross currents present, 
but certain areas in which the air is dead or stagnant. 

When there is a high velocity of the outer air, there is consequently an 
area of high pres&ure at the portion of the building exposed, and the read- 
ings will be loner thnn at the opposite or low pressure area of the building. 

Tbe situation of tlie gas irons used by the pressers, also, has much to 
do with the readings. It is noticeable that in certain lofts where the irons 
are near the windows, the carbon dioside readings are lower than in other 
parts of the room, which was caused by the changing of the air due to cur- 
rents created by the heat of the irons. In many instances, the temperature 
is high, and carlxin dioxide low. It will also be noticed that in some in- 
stances the carbon dioxide is higher where the irons are near the windows; 
this is probably due to this section being the low pressure area and in the 
pAtii of tlie osoapiiig air currents. 

As a result of these tosts, it is fully demonstratod that carbon dioxide is 
not an indicator for the amount of carbon monoxide present; for a glance 
at the tables shows that in many instances where tbe amount of carbon 
dioxide is low the amount of carbon monoxide is high. 

It is noticeable that the area of the loft, and also the situation of the 
irone, have a marked bearing upon the carbon monoxide findings. In the 
modern loft buildings with largp flooi' area, there is less carbon monoxide 
where a great many irons are in use, than in the old type loft buildings with 
small floor area, and it is quit« high in the converted tenement and dwell- 
ings where only one or two irons are in use. Again, it will be noted that 
the amount is leas where the irons are -near or at an open window. This 
proves the need of proper air dilution to minimize the danger from this 
gaa. 

It will be noticed that irrespective of the type of the building or its 
situation, where a large number of workers are employed and natural means 
of ventilation are relied upon, the carbon dioxide findings are high. A 
reason for this lies in the fact that the workers are all situated in the por- 
tion of tbe sliop near the winiloivs. so that they may have good light to work 
by.. The proper circulation of air through natural agencies is impeded, and 
rapidly vitiated by body emanations, and on days when there is a marked 
difference between outdoor and indoor temperature, conditions are made 
worse. Under conditions such as these, the actual amount of air space per 
person is unusually small, and there is a large dead area in the unoccupied 
portion of tlie loft. Wlicn artificial illumination become necessary, and gas 
is used, the conditions are rendered still worse, as the workers continue to 
Inbor in the "nnle place. 

In the old loft buildings, and converted dwellings and tenements, where 
the shops are small, often several on a floor, and but a few workers in each, 
tbe carbon dioxide is rather high ; this is due to the obstruction of natural 
air currents. The windows are usually in' the front or rear of the build- 



byGoogle 



90 New York State Department of Laboe, 

ing and a partition separates the shops In tbe cellar shops eien where 
the floor area Is large and the workers are few the carbon dioitide is high 
due to inadequate means being present for facilitating air eurrenfs 

tthere art ficial mean*" fnr ventilation has been instalkd it will be noticed 
that the carbon dioxide readings are low and tbts despite the fact that the 
systems were only run intermittently It ib true that to work such Bystema 
continually would compel the emplojees to cease the r labors owing to 
draughts and low femperature This is especially noticeable on verv cold 
days But it must be conceded that even the interm ttent working of such 
systems are of benefit in maintaining proper atmospheric conditions 

It has been proven that the amount of carbon dio'xide increase' the longer 
a room is occupied The results recorded show thi? to be true for with 
the exception of those shops operating ventilating ivstems the p m carbon 
d OMde peadinss are if a rule hitler than the * m readings and thra is 
CBpecially noticeable In the case of the older buildings One of the probable 
causes for this condition is the sudden increase of energy on the part of the 
workers to finish the day's output This muscular action increases the 
amount of imputiticj tbr nn off from tie 1 oJv and that tie presence of 
these impurities is indicated by the amount of carbon dioxide present cannot 
be doubted It has been demonstrated by phi siologisfs that the greater 
the muscular activity, the greater the amount of carbon dia\ide given off 
from the body 

That the use of illuminating gas aids m increasing the amount of carbon 
dioxide as well a* the temperature is clearly md cated Tt will he noticed 
that where gas is used commercially for apparatus or for illummat on the 
carbon dioxide readings are influenced for in the modern large lofts where 
a number of irona are in use and the cubical contents of the room ample 
the carbou dioxide readings are higher than in a small loft having tew 
irons this is due to the products of combustion the irons consuming an 
amount of oxvgen ind producing an iniount ff carbon dioxide equal to a 
great number of people 

Where steam heating is used it wilt be seen that the temperature is higher 
than where coal stoves are m use and that the wet bulb readings are also 
high Where coal stoies are depended upon it will be seen that the tenl 
peratiiic « about Gl> decrees F and Ipsi in I that the wtt bulb readinss are 
also low with each higher reading there is a corresponding increise of the 
carbon dioxide reading 

K careful studv of the wet bulb readings shous that they are generally 
not high and that the means used for heating use of gas and crowding of 
employees also has a direct influence upon such read ngs 'A here there are a 
large number working steam beating and large quantities of illutninating 
gas used the wet bulb is high In fie amill ^1 ops wh le the readings are 
not very high in pr>portiin to tlie number oif workers present the readings 
should be lower That the amount of cirbon diotide varies with the humiditv 
IS shown m the tables for where the wet bulb reading rises the amount of 
carbon dioxide also increases and in the lofts where ventilating fans are 
used and a low wet bulb reading obtained the carbon dioxide findings were 



byCoOglc 



Report op the Commissioneb op Labor. 1911. 91 

One of the causes of unsanitary shops is the presence of food. In many 
ftbopa the employees eat while at work, with the result that the food refuse 
becomes scattered about the floor and under the benches, there decaying and 

lieeomiiifT fertile groiimi for bacterial growth, aa well as vitiating the atmos- 
phere. Such conditions are especially prevalent where the sale of food stuff 
is permitted in the factory, for, aa a rule, the stalls and storage boxes used 
by the peddlers are not clean. 

To ascertain the presence of such impurities, analyses were made for the 
amount of total solids, and presence of organic matter. A study of the 
tables shows that wberever a food peddler was present, the shop was dirty 
and tlie amount of or^ranic matter was high. It is also noticeable that the 
amount of carbon dinxide was high, demonstrating its value as an indicator 
where organic matter is present. It would naturally be expected that such 
conditions would only be found in the old types of buildings found in the 
congested districts, but it is clearly shown, that even in the highest class 
of shops, if food peddling is permitted it is difficult to secure proper clean- 
In the old buildings in the congested district, an added danger is the 
presence of bedding iai the shops. Here, there is not only fertile groomd for 
bacterial growth, but also propagation of vermin, and in many instances the 
couse of ■ disastrous flres. The tables show that where bedding was present 
organic matter was very high, and bacteria numerous. 

Analyses show that the amount of dust In the factories is rather high 
and yet tbe industry is not classed as a dusty one. That the dust is not 
readily perceptible is probably due to its being organic and light, and to its 
being generated in the course of cutting and sewing the goods. The ex- 
treme fineness, as welt as the irritating properties of the 'cotton and wool 
fibres which compose tlie greater part of this dust, make it a source of 
danger to the workers' health. The large number of garment workers, who 
are treated for pulmonary diseases in the clinics and hoBpitals, fully estab- 
lishes this fact. 

The results' of the investigation clearly demonstrate that the atmospheric 
conditions found in the majority of the shops are not conducive to good 
health and should be remedied. That certain factors which cause unsanitary 
condition!! in the shops can be eliminated, and that the air may be changed 
without discomfort to the workers has been established. 

To spCTire tlieae results rciuires the co-operation of emrployer and emiployee 
!i« tlie (ireK-itt factmry laws insure sanitary conditions in the shops, if properly 
complied with. 

Tn addition to these laws, I would suggest tbe formulation of regulations 
along the following lines: 

During the months of October and April a minimum temperature of 
61 degrees F. should be maintained in the factories. 

The amount of carbon dioxide present should not exceed 12 parts per 
10,000 volumes during the daytime, or 20 parts at night when gas or oil is 
used for illuminating purposes. 

Where a number of gas irons are in use, mechanical means should be in- 
stalled so that there may be a constant circulation of air maintained at the 
pressers' tables. 

The presence of bedding in the shops should be prohibited. 



D.g.tizecbvGoOglc 



92 New Yoek State Depabtment of Laboh. 

The sale of food in shops, or eating at work tables during the hours of 
labor, Bhould not be permitted. Where there is no lunch room, special tablet 
should be provided at noon for the preparation of lunches, and all refuse 
should be removed immediate); after finishing lunch. 

Bmoking in the shops should be prohibited. 

Qekebal Report. 

In addition to the technical report covering the investigation of atmoB- 
pherio couditions' of the cloak, suit and skirt industry of New York City, 
the following general report is submitted. 

The industry is really a division of tailoring or garment working, and is 
carried on under practically the same conditions, many of the processes 
being identical. Many of the shops are situated in the lower portion of the 
city, ttni are found in all types of buildings devotod to commercial purposes. 
There has been a gradual removal of these shops from the converted dwell- 
ings anil lOd type loft buildings to the more modern so-called fire-proof 
buildings. In many of the lai^e establishments, all the processes are carried 
on in the same building, but in the small shops, which are found in the old 
buildings, certain portions of the work which have been contracted or suh- 
WJivtraeted for are carried <>a. 

In the process of manufacturing, the work is mostly machine work, the 
finishing and lining being done by hand. The various processes through 
which the cloth passes from bolt to the finished product is- as follows; cut- 
t'ng, sewing and pressing. In many of the factories tlhe material is mCirely 
out, and is Bent to contractors to be sewed, pressed and finished. The cutting 
ctinsistfi in having a number of layers of cloth on top of which is placed the 
pattern, and the cutting of the goods is accomplished either by means of 
shears, a large knife, or the more modern method of a circular knife oper- 
ated by a small motor which the cutter guides by hand; this work is per- 
formed by those who are expert, the majority being males who command 
liigh. wages. As the work is particular, good light, as well as large table 
Bi-aoe is necessary. The well lighteid portions of the shop are devoted to 
cutting. 

After the goods have been cut they are completed, either in the same 
shop, or they may be sent out to the contractors who keep small shops, or 
the work may be Sent into the home. 

The next process, sewing, requires the goods to pass through a number 
of hands, for the industry is one in which the work is specialized, each 
worker being employed in basting, hand («wing, machine sewing or pressing 
just one special portion of the garment The basting, which is a preparatory 
sewing of the goods together, and requires little skill, is performed mainly 
by the beginners, the majority of whom are male and female minors. The 
goods are finislied hy the miacliiiie operatnr^. In all the large shops and in 
the majority of the small one», the machines are set on long tables which 
are sitoiated in rows, the motive power beiiifr usiLaTly supplied by means of 
an electric motor or gasoline engine. There are numerous Eub-divisions of 
the sewing whereby the linings, aa well as the goods, are assembled into 
tlie perfect garmeirt. Diming the assembling of the garment it is sent to 
the pressers. Here the work is done either with hand irons heated on coal 



D.g.tizecbvGoOglc 



Repoet of the Commissionek of Labok, 1911. 93 

furnacea or oa small gas stoves, wMcb is the method pursued in the very 
old loft buildings on the East Side, and the hand gas iron or t&ilor'a gooae. 
There are many types of this iron, one which is equipped with the bunaeu 
burner, the other, which in addition U> the gas, is supplied with compressed 
air, Eo that the worker may regulate the flame. There is also a heavy gas 
iron which ia operated both by hand aud foot. 

Tlie industry has never been considered either a dusty one or a dangerous 
one, and in none of the classifications by authorities, even of recent date, 
call it be found umung tlie so-called '' dusty trades," and yet, the results of 
the Department investigation into this industry shows the presence of dust 
in the air as high in amount as that found in some of the pearl button 
factories investigated. It is evident that among the conditions in this 
industry which are considered dangerous to the health of the workers, dust 
plays an important part. Through the analyses of the atmospheric condi- 
tions in tho^ establishments where illuminating gas is used for heating 
the irons, it has been demonstrated that the pressers are exposed to the 
danger of the deadly gas, carbon monoxide. 

In considering the relation of the industry to the health of the workers, 
it may be well to start with the initial process, that is, the cutting of the 
goods. In thia process, the dangers arise from the dust created in the 
cutting of the goods, and tlie operator, to follow the outline of the pattern 
accurately, must keep his face close to the work. It has been demonstrated 
that the inhalation of organic dust is a menace to health because of the 
irritating qualities of such duat, the cotton fibres being the most dangerous. 
This danger is minimized to a certain extent by the large amount of air 
space for each individual, not due to any thought on the part of the pro- 
prietors, hut to the fact that it is necessary to have large table space to 
spread the goods on for examination and cutting. Notwithstanding this 
fact, a large number suffer from pulmonary tuberculosis, it being reported 
that 1.82 per cent ot all the occupations treated at the New York City 
Health Department Clinic were cutters in the garment trade. The air 
analji^es in cutting roonia show 16 to 18 p^^rts cmrbon dioxide per 10,000 
volumes, and 59 grams of total solids (dust) per million litres of air, prov- 
ing conehisivelj the presence of a predisposing cause for pulmonary affec- 
tions, and this condition was found in the moat modern type of workroom. 

In the process of sewing there are two types of machines used, by the 
operators. In the large shops power is used, whereas in many of the small 
places foot machines are used, ao that to make, an intensive study of this 
branch of the industry in its relation to the health ot the employees careful 
consideration ia required of a large number of conditions which have a. 
bearing upon the health ot the workers. The danger is not from the dust 
alone, but also from the efi'ects of nerve strain or fatigue diie to the opera- 
tion of the machines. This question has been studied rather carefully by 
Dr. Sydney I. Schwab of St. Louis, who has reported a large number of 
cases of neurasthenia among such workers. Another danger to which these 
operators are esposed is that of having to work with artificial illumination 
on a level with the eyes, especially that from incandescent electric bulbs. 
Reports show this has a deleterious effect, not only upon the eyes, but upon 
the general health. 



byCoOglc 



94 iN^EW ToEK State Dbpabtmeht of Labob, 

Dr. Collis, one oE the medical inepectors of the British Factory Inapectioi 
Service reporta as follows: 



The presence of nyatajpi 


lie at oKdlUtory 




f the eyeball ie well know 


monc minen, but it ia d 


o( lecoiniied tlu 




ough ■iiihtei' 




«™r whea the vinon i> dirtcted Istemliy in 


other worlie 


nwhoaeempl 


ymentcalia 


.e of 0» <^. 
















* 


ThB inquiry wu then p 


ursued among th 


taaalvno 


kere employed at seiritig 




ouud that US, o 










T «Dt of worhet. 




and 17 yean 


of age. in 


orkert betwwn 17 and 20 




2p9roento 


workerabeto 


eenSOaad 






H)y<»™ofagB, .ndinZS 


par cent 


D Bod aver, these fiiuieB p 


oinl to thfi condi 


onebsingo 


e of fatigue o 


the eitra 




be found amOQE 


younE (emji 


eg thai, aider 


uromen. 



Among the operators, the percentage of tuberculosis ia rather high, it 
heing reported as 5.47 per cent of all the occupations treated in the Kew York 
City Health Department Clinic. 

AnalfHes of the atmOBpheric conditions in such parte of the shops where 
the operators work, show the carbon dioxide to be as high as IS parts in 
the modern loft buildings, and 25 parts in the cellar shops. This was where 
natural means for ventilation were relied upon. A probable cause of the 
high percentage of carbon dioxide is due to the fact that the operators are 
crowded close to the windows for the purpose of securing an much natural 
light as possible. In those buildings where the window area is limited, as 
in the buildii^s situated in the centre of the block, it can be readily under- 
stood that with such crowding together the air in the immediate vicinity of 
such workers becomes vitiated through body emenations, causing that con- 
dition formeilj termed " crowd poison." 

The process of pressing is one which requires hard labor, and in the fac- 
tories is done by adult males. As the number of presaers are few in propor- 
tion to the other workers, the process is carried on in the least desirable 
portions of the factory. Fortunately for the preBsers, the irons are at times 
situated near a window, but the majority are in the centre or corners of the 
loft. 

In pressing the goods a damp cloth is used, and as the operator must 
bend over his work, he receives the full effects of the vapors generated. 
The occupation of presser is, seemingly, the one most dangerous to the health 
of workers engaged in the garment industry. In the shops where coal 
furnaces are used to heat the irons, the danger to the presaers from carbon 
monoxide poisoning is not so marked as where the gas irons are used. 
Where the irons are heated on a gas stove, the danger is increased, as the 
operators are constantly bending over the stoves to change the irons. Where 
gas irons are used, the danger is intensified, for in addition to the laborious 
work, there is the added danger from the fumes of the products of com- 
buslh)ii, the carlion monoxide gas, th« vapors from the damp pressing cloth 
and the heat. 

It is well known that laborious work tires the muscles, that air vitiated 
from products of combustion produces drowsiness, that carbon monoxide 
destroys the red blood cells, thereby decreasing the percentage of oxygen in 
the body which means inhibition of the real stimulus for muscular and 



byCoOglc 



Eepobt of the Commissionsb of Labob, 1911, 95 

mental activities, and that vapors and heat enervate; what wonder, then, 
that wit'li all these eounbiiied to aflect the worker, resort to stimulants be- 
comes neceBBary. 

Prof. Glaisel baa sbown that constant working in cliwe illuminating gas 
atmoBpheie causes a condition of letharg; leading to the use of alcoholic 
Stimulants, and cites the tailoring industr; as an example. From inquiries 
made among the workers, a large number admit that the use of stimulants 
is necessary. In many shops bottled beer la kept and sold to the workers, 
and many of the food peddlers carry as the most profitable part of their 
stock bottles of alcoholic stimulants, the best customers being the presaers. 

From personal olBervatlons and examinations, I am fully aware that 
many of the pressers suffer from pulmonary affections, and the cases of 
pulmonary tuberculosis reported from the New York City Health Depart- 
ment Clinic shows that of all occupations 2.5 per cent are pressers. 

I feel assured that a large number of presaers suffer from the effects of 
carbon monoxide puisouing^ the majority are anemic, and suffer from gastro- 
intestinal and pulmonary disorders, and, though no statistics are obtainable, 
many are treated in the dispensaries and privately for these conditions, 
which, in my opinion are caused by the effects of carbon monoxide inhala- 
tion, but which is not recognized as a cause. 

In a modern loft building where the preasera' table was situated at a 
window, gas irons in use, and natural means tor ventilation relied upon, 
over 1 part carbon monoxide, and 17 parts carbon dioxide per 10,000 volumes 
were found at Ilie breathing level of the pressers. In a similar loft where 
mechanical means for ventilation were In use, but a trace of carbon mon- 
oxide were found, and the carbon dioxide waa only 7 parts. In converted 
dwellings, l'/^ parts of carbon monoxide, and 18 parts' carbon dioxide were 
found at the presaers' tables, and in cellar shops over 2 'parte oarbon monioxide 
were found. From the high percentages of carbon monoxide and carbon 
dioxiile found together at the presters' tablea, it is evident that the process 
of pressing with gaa irons is dangerous to health, for it is known that 
when carbon monoxide and carbon dioxide are combined, they seem to in- 
crease the toxicity of each other, and can do injury in proportions in which 
singly they would be less harmful 

It has been my purpose if possible, to secure physical examinations of 
a number of the workers with a view toward determining the influence of 
illuminating gas upon their health, especially as to whether there was an 
antemia due to carbon monoxide, vitiated air, or general malnutrition. 
Visits were made to a number of associations to which the pressers be- , 
longed, short talks were given regarding sanitation in the shops, and vol- 
unteers were asked for to submit not only to physical examinations, but to 
blood tests, for the purpose of demonstrating the effecta of working in an 
atmosphere of illuminating gaa vitiation. Unfortunately this phase of the 
investigation was not carried out. 

The fact must not be overlooked that general shop conditions have a bear- 
ing upon the health of the workers. The sanitary conditions of a shop 
reflect not only the character of the proprietor, but. of the workers. In 
many shops toilets are filthy, floors dirty, and food refuse and cigarette 
butts are scattered upon work tables and under benches. In other shops, 
despite the efforts of the proprietor to keep his place sanitary, the toilets 



byCoOglc 



96 New Tokk State Dbpaktment of Labor. 

are iliirty and food refuse is scattered about. Such ooiiiditooma can lie pre- 
vented through the individual worker observing the simple rule of hygiene, 
persODBl cleanliness. 

One cause for unsanitary conditions arises from * permitting the Bale of 
fo:id atutl' and eating at the work tables during the working hours. In 
many factories gas or gasoline engines are installed jor furnishing power; 
no mechanical means for ventilation are in use, and so the air becomes 
vitiated from the products oi combustion and carbon monoxide. Test» made 
in a small shop situated near the river, and with splendid means for natural 
ventilation, showed 16 parts carbon dioxide and a trace of carbon monoxide 
when the gasoline motor was operated. 

In the small shops in the old loft buildings and conTorted dwellings, no 
dressing roomt are provided owing to the lack of floor space. Such dressing 
rooms as are found cannot even be called closets. They are rarely used, 
and generally contain rubhtsh. 

In the majority of the factories devoted to the industry, washing facilities 
are a luxury, and but few have suitable wash rooms. 

In many of the modern shopB, and in all of the shops situated in the 
cililei' luft buihIingB and converted dwellingB, beds and bedding were found 
which are used hy the watchman, and, upon inquiry, it was found that the 
watchman works somewhcra else during the day and uses the loft for his 
bed room at night. Examination of some of the bedding showed that it 
mi8 rot only uiicWn, but that in many oaeea vermin were present. 

A great difBculty to be overcome lies in securing general ventilation, for, 
in the majority of cases, efforts to provide decent ventilation are rendered 
futile by the action of those intended to be benefited. 

In the majority of the shops the males smoke and throw the butts of 
cigars and cigarettes about. There is' not only danger of fire from this 
habit, but danger from disseminatii^ communicable pulmonary diseases 
tlin,ugh tlie motlium of the saliva and sputum soaked ends which have been in 
the mouth, and are thrown on the floor there to dry up and fill the air 
with dust and germs. 

In the technical report submitted, and in my yearly report, remedial 
measures applicable to the industry have been recommended, but without 
the co-operation of the employer and employees they will be of small value 
in making the industry a healthful one. 

The majority of the workers are foreigners having but a smalt under- 
standing of English, so that a great part of the remedy must be supplied 
through a campaign of education beyond the domain of the Department. 

III. PELT HAT INDUSTRY. 

An investigation was undertaken for the purpose of determining the 
danger from mercury poisoning to workers in the felt hat industry. In 
order to understand more clearly the danger to which the workers are 
exposed it is probably advisable to briefly consider the toxicology of mercury. 

Metallic mercury is known chemically as hydrargyrum, hence its symbol 
H|;., meanini; literally "water silver" signifying that mercury looks like 
silver and flows like water, a fact so well known that for ages It has been 
termed quicksilver. The metal is obtained from mercuric sulphide (cinna- 
bar), deposits of which are found in Spain, Austria, Kussia, Italy, Mexico, 



byCoOglc 



Kepobt of the Commissioner of Labor, 1911. 97 

CBlifornia and Texas; the production iii the United States ia about 1,900 
tons annually. 

According to authorities, the obtaioing of ■nercurj' is one of the moat re- 
pulsive and dangerous occupations. Dr. Theo. Sommerfeld of Germany, Sir 
ThoB. Oliver, M.D., of Great Britain, and Dr. Putzeys of Belgium were ap- 
pointed by the Internationa) Aaaooiation for Labor Legislation, a, committee 
to prepare a list of industrial poisona. The subject of mercury is treated aB 
follows: • 

Samt of nbUancr. Mercury, hydcKtEymiQ. He. Silvery »hite, biiliiHCit. not ebuiijiia in 
almoBphcric air. evaporating at otdicmry temperaturea. 

Jif«rcurv allofft. Amalgaraa with gold, silver, eidc. tiu. cadmium, lead, copper. 

Mercury compounds- CorroBive Bublimate, mercuric oiide, nitrate, mlpbste. chloride, fulnunate 
ol mercury. 

pcocsH sttscke eight per cent ot thoae engaged in it. It ie uwd eitensively la ohsmioal faotoiita, 
eitTaetieu of ftold and ailvtr, gilding. ailveTing and hTuuiinK proceasea, filling of buttmatAra, ther- 
mometeni. manomfterc, glow lamp industry, quicksilver air pumps, c^a and exploalvea. ayvBnnc 
of miiTorB, manufacture of felt bata, dyeing of hair, cahco printlDg, photography, preserving of 
aDatomical preparations and wood, etching on Bleel. [In thia atat* I find that mlver uitrale boa 
replaced mercury in the ailverinR of mirroia.] 

Method cf entrance into the body As a v^por through the organs of reapiiation; through (he 

Strnvfimt of potioning. Inaammation of the gums and the mucous membraoaa of the mouth. 

<n. and anaemia. Dermatitis, pustules on the akin, disturbed 
,■, deprceaion, hgllucinationa. The skin may be partly below 
normal aenaitiveneee (Hnaeetbeaia], or partly aupereeuniiive (hyperaeatheaia). there ia difficulty 
of ^>eech, eialtation of refiei action, palpitation, sexual function deranged in male and female; 

Prfrentite meaauTeSr Leading off ot the vapota, proper ventilation of the wotkrooma, pr^ 
vention of the apilling of mercury, daily cleaning of workrooms, personal cleanllneaa of workmen. 

/'I eaue a/ poiaoning. Hot baths and stimulants, good nutrition, araenaU* or iodide of potaaeium 
inlecnally. 

Mercury begina to volatilize and give off vapor at 8.5° F, {ie°C.), tind 
this property increases witli heat; so it can be seen that workers who are 
obliged to come into contact witli mercury a.re exposed to danger oi poison- 
ing. The danger from mercurialiBm ia not confined to acute attacks. There 
may be nervous affections and paralysis resulting from chronic poisoning, 
and there may be an hereditary influence exerted. Dr. Kuasmaul of FUrth 
(in UnterBuchungen ilber dem constitutionellen Mercurialismus) has given 
the matter grave thought and reports that children born of women suffering 
from mercurialiam are feeble, rachitic and prone to tuberculosis. One case 
is reported by Beugrand of an infant with congenital mercurial tremor. It 
is reqmrfed that oliildren are Iteilbhy when bora of iparents not working in 
occupations where mercury is used, whereas children born of the same 
parents after having been engaged in work where mercury was used are 
diseased. Lize has noted thia heredity among the children of hatters 
(Lloyd). It is reported that women engaged at silvering mirrors with 
mercury frequently abort. 

•C/ Bulletin ot U. S. Bureau of Labor. No 86. p. 164, 



byCoOglc 



98 New Yoek State Bbpartment of Labob. 

It is quite evident, then, that the danger from mercurialiam is one of 
graTe import, and is deserving of careful consideration. 

In the felt hat industry, the danger from mercuriali^m has been to thoae 
workers enga^fed in handling the bodj of the hat, or the material enterii^ 
into its formation. The bodj is made of felted fur from coney, nutria, hare 
and rabbit. The felt hat industry in this state Is not an extensive one, 
and really consists of aesoolated industries, those of the hatters' fur makers, 
the body makers, and the hniEhers. 

Only one concern has a fur factory directly in connection with the felt 
hat making. During the past few years, it has gradually ceased operating 
this portion of the industry claiming that the stock can be imported much 
cheaper than they can make it. 

It is probably advisable to consider each industry separately, especially 
as the greater danger from mercurialism is in the manufacture of the fur. 

Hattbbs' Fub. 

In ti»e maamtactuiv of liahtera' fur the initial processes are coittiing and 
sorting. The dried skins are opened either by sharp hand knives, or circular 
knives driven by power. The workers are all males, usually Slavs, Poles, 
Italians and Greeks, "i he rooms devoted to this work are large and light, 
as considerable space is required to sort the skins; -however, despite the 
lai^e amount of cubic air space per person, the ajr U full ol dust, consisting 
mostly of fine hairs which are thrown off by the constant handling of the 
dry pelts. 

The pelts aire cleaned and tlie strong coarse hairs removed bo as to leave 
the fine fur. In handling expensive pelts such as coney and nutria, the hairs 
are plucked by hand, the operators using a blunt knife. At present it is 
not done in this stote, though some years ago I recall having seen women 
engaged in the work. At present, the majority of the manufacturers shear 
the pelts by forcing the fur side against rapidly revolving blades of atecl 
which remove the coarse hairs but leave the fine silky fur. Many factories 
employ women at the shearing machines. 

'ihe next process is the carroting of tlie fur and it is witli this process 
that the danger to the workers from mercurjalism begins. 

Carroting is an artificial method of increasing the felting property of 
the fur by an operation which twists the flbres and raises the point of the 
•cales which surround it. The process is accomplished either by hand or 
machine, and consists of thoroughly impregnating the fur with a solution 
of nitrate of mercury. In the hand method, the pelt is laid on a bench fur 
Bide up and scrubbed with a brush which has been dipped in the carroting 
miltuie. The carroting machine conaistt of a rapidly revolving circular 
brush kept constantly wet by passing through a trough containing the car- 
roting mixture. The worker presses the fur side of the pelt against the 
revolving brush, and so impregnates the fur more evenly with the solution 
than in hand work. 

The impregnated pelts are then placed on trajs and put into the carrot- 
ing ovens where they are exposed to a high temperature for a short period, 
after which they are taken out and removed to the drying rooms where they 



byCoOglc 



Repokt of the Cohmisbioneb of Labob, 1911. i:>d 

are left tor several days. They are then stored in bins, sometimes being 
slightly Bpriokled by a dilute acid solution, and left until ready to be cut. 

After tliOTOUgh drying the skins are again brushed to remove as much 
duit, dJrt or oiiarae ihiaira tilrat may not have been previously eJimiiiated. 
The brushing is done by machinery, which in many plants is operated by 
young women, principally foreigners. 

The skins then pass to the cutting macblnes, which, through an ingenious 
arrangement of rapidly revolving knives, shred the skin, and leave the fur 
coming from the machine intact; the fur is then examined, folded, placed 
in bags, and either shipped direct to the hat factories, or sent to machines 
for a more thorough cleansing and grading of the fur. 

This procebS is called blowing, and the machines are ^uite long, enclosed 
in glass or lino wire mesh; tlie fur is placed in one end, and by means of a 
travelling ^pron carried along through a series of revolving pickers which 
t«aSH tile tur; a fan keeps blowing the teased fur about, and, through epe- 
cifio gravity, the dirt is removed and the fur graded into various bins. In 
many of the bat factories, this process is carried on through a number of 
machines so that a very fine fur, almost down-like is obtained. 

This fur is then mixed with either raw stock or other stock both by hand, 
mid iiiiicliine, the various proportions being trade secrets. The process is 
an extremely dusty one, and none but males^ usually foreigners, are engaged 
in the work. 



Felt Hat Makins. 

The first process in the making of a felt hat is forming. This is accom- 
plished by means of large machines driven by power; at one end of the 
machine is a hopper which automatically weighs out the amount of fur 
necessary for one hat, at the other end is a turn table upon which is 
placed a perforated copper cone about three feet high. The turntable and 
cone are enclosed by a cylindrical covering open at the top, and with side 
doors to remove the cone. By means of an exhaust fan, the fur is drawn 
through a series of pickers and sharp knives and deposited evenly upon the 
surface of the revolving cone. After the fur has alt been deposited upon the 
oone, it is sprayed with hot water before removal, or after removal is dipped 
into a tub of hot water. The eone shaped fur body is then carefully re- 
moved frotn lint copper cone, carefully examined, wrapped in a woolen cloth, 
and band hardened by expressing as much moisture as possible. These 
bodies are then sent to the planking room for sizing and further hardening, 
which is really the process of felting the fur and shrinking the body. 

The twta planking is derived from the tnei, that in the hand process a 
large tub of hot water is surrounded by planks i^on which ore placed 
burlap cloths. The plankers place the fur bodies upon the burlap and 
sprinkle them with hot water; the bodies are then foldeil within the burlap 
and gently rolled a few times, then opened and examined, this process being 
repeated a number of times until the body of the hat is strongly felted or 
hardened. This' method is still in use, but the more modern sizing is ac- 
. oomplished by passing the body through a sort of wringing machine equipped 



100 New Yoek State Department op Labob. 

with grooved spiral rollers which work over a trough of boiling water. The 
preBBUre is more even through such machines than in hand rolling. 

The hats are then shaved to remove such hairs as have not been gotten 
rid of in the planking process and is Bccompliahed either bj machines or 
by hand. After shaving, the bod; is passed through a series of processes 
whereby It is further reduced in size, stiffened, and blocked into shape. In 
all the procesaes the work i& decidedly wet, as large quantities of hot and 
cold water are used, and the rooms filled with the vapor thus caused. All 
the workers are males. 

The bodies are now recognizable as hats, and are ready for dyeing and 
finishing. For the derbies, the bodies' are treated to a further coating of 
shellac, which is farced into the hat under steam pressure, and the hat 
placed in an oven for drying. 

Felt Hat Finishing. 

In finishing, the processes are many and varied; to describe each process 
fuUy or technically would require many pages, especially aa there is a. dif- 
ference between soft hat and derby hat finishing Considering the processes 
briefly, they all have to do with shaping the hat, smoothing the outside of 
the t>ody, curling the brim, and finally trimming 

The hat is first subjected to live steam, than placed in hydraulic machines 
which block the crown into the desired shape. A water stiffening is applied 
to the inside of the hat, it is dried, and then the hat is ironed to remove 
ull wi'inkles or uneven surfaces. Tlie ironing in most places is done by 
automatic gas iron machines. 

The brims are then pounced, that is rubbed smooth by a sand papering 
machine atter which the hats are placed in a. singeing oven to burn <^ 
such hairs and fibre as have not been removed by ponncing. The hat is 
then ready for the finisher. 

The bat finisher places the hat on a revolving block called a lathe, and 
with a piece of sand paper smooths olT the whole hat. He then goea over 
the hat with a cloth which has been dipped in hot oil or grease, and so 
inipart.i a smooth fine fitiisli to the body. 

The bat Ih then ready for brim curling. The brim is first cut or shaved 
to the desired width, the edges are then softened by a hot iron and curled 
over, both shaving and curling being accomplished either by hand or by 
iiiBchine. The bat is then placed on a hoMow iron table heated by steam, 
and covered with hot sand bags; this process is called flanging, and prepares 
the brims for the final curt and pitch, this final process usually being ae- 
complished by hand upon a board shaped like a hat brim, and called a set 

The final stage through which the hat passes is trimming. This is done 
by females and consists of sewing on the binding, putting in the leather 
band, and in some cases a lining. The hat is then ready for the market. 

In the manufacture of soft hate, pouncing is a separate branch of the 
finishing, being done by men called pouncers. Here the hats are placed on 
a revolving lathe and subjected to sandpapering, the paper being held in 
the hand of the operator. 



D.g.tizecbvGoOglc 



Report of the CoMuiasiONEB of Labob, 1911. 101 

Disatas IN THE Pbocess. 

In the manufaeture of felt hate the principal danger haa always been 
considered to arise from the use of mercury, and thou^ many authorities 
have investigated the industry, analytical reports specific as to the actual 
procesBes wherein the danger is most prominent are very meagre. It is 
fully agreed upon that the danger from mercuriaHsm begins with the pro- 
ceM of carroting the fur. In considering the industry, my observations 
have not been confined to the question of mercurialism alone. 

Starting with the first prooess in the manufacture of hatters' fur, 
namely, openingand sorting the pelts, we find that organic dust, consisting 
chiefly of Gne hairs, fills the atmosphere of the rooms where such work is 
carried on. In opening the pelts with a hand knife, the worker bending 
over the pelts is exposed to the full force of the dust and hairs, whereas 
th« operator at the machine knife ie not exposed to quite so much dust. 
It is noticeable that good general ventilation by mechanical means does not 
remedy the condition, satisfactory results being obtained only where the 
dust is removed directly from the point of ori^n by means of an exhaust 
system. 

To demonstrate the fact that during the process the workers are exposed 
to the danger of inhaling the dust, a piece of gauze was placed over the 
nose and mouth, and, after standing alongside of a worker (both hand and 
machine) for about ten minutes, a small amount of felted fur was found on 
tbe gauze. Here was proof of the danger as well as' proof of the unservice- 
ableness of using respirators in this sort of work, as the hair is partially 
felted by the breath, and would mat and clog up a respirator thereby making 
breathing difficult. 

The rraults of aimlysee of samples lof air secured in opening and sorting 
rooms showed as high as 1,700 particles of hair per liftre of air, and the 
bacteria] count showed as much as 2S colonies of bacteria per litre of air. 

In the shearing and brushing of the raw pelts the danger from dust is 
not so marked, as the knives and brashes are completely enclosed. The 
danger may, however, be entirely obviated by means of an exhaust system 
connected with the machines aqd this method is pursued in some factories. 
Many women are emjJoyed at this work. 

In the carroting process the workers are all males. Here the amount of 
dust in the air is slight, due to the process being a wet one, but nitric 
acid fumes are present, and, where the carroting ovens are in the same 
room, the high temperature and low humidity increase the danger from the 
irritating acid fumes, and from the mercury, which volatilizes at a low 
temperature; this is very noticeable as e«ld weather comes on. 

The remedy for this condition is good general ventilation ; analyses show 
tbat in carroting rooms where mechanical means were used to remove 
fumes and change the air, no mercury was found in the atmosphere. The 
wiirlicrs are foreigners and it was impossible to obtain any accurate infor- 
mation. It was admitted in some places that the workers bad suffered 
from mercury poisoning in the form of the shakes, but the facts were not 
definite, and there was a reluctance on tlie part of the workers to submit 
to a physical examination. Where it was possible to examine the teeth 



ogle 



102 New Yoek State Depabtment o» Labor. 

results were negative as the workers were ignorant of peTsonal hygiene, and 
med tobacco, »a that it was impossible to attribute the caries found tpecift- 

cally to mercury or iiitrio acid. 

In many of the factories gloves are furnished the carroters, but tbey are 
not kept in repair, so that the; arc worthless as a protection. To prevent 
exposure of the workers to tlie fumes and heat of the ovens', one firm uses 
the following method. After carroting, the skins are placed on a traveling 
frame which passes through a long oven and delivers the dried skins at 
the other end. 

After the skins have been carroted, the workers who handle them are 
cNyiii-ipl to tlie I'iinKiT of organic duat plus mercurialism. In the brushing 
of the fur the danger is eliminated b; having an exhaust system connected 
to the brushing machines, and nearly every factory is so equipped, but in 
tbc case of the cutting machines there exists a diffisi'lt prohltm. These 
ma'^hinee are completely enclosed, there being just a small opening tor tliw 
pelt to enter and another for the fur to be delivered, and tiirough the 
rapidity wilh which the circular knives move, the d'l&t is tbrowji to the 
bottom by centrifugal force, and the fur is left intact. It is claimed that 
to use an exhaust system in connection with the machine would destroy the 
contour of the fur and lose considerable of the valuable product. It is re- 
pvrt.d tl at in Great Britain an efficient and practical ewhaust eystem has 
been connected to such machines. 

In the cutting rooms the danger from mercurJalism Is due to the amount 
of fur present in the air. The results of analyses show that where the 
iin.ount of dust (especiftlly liaira) was small, merely a trace, or no mercury 
at all was found, but where the amount of dust was large, as' high as 2.C 
milligrams of metallic mercury per cubic meter of air were foiind. 

Dr. Tlmrpe of tlie British Go^ernmeufa.1 Ijaboratory reports finding 1.34 
per cent nitrate of mercury in a sample of tur taken from a cutting ma- 
chine. Inspector Vogt and myself secured a carroted skin weighing 65.243 
grams, and analysis showed .0543 grams of nitrate of mercury present or 
.0632 per cent. A complete fur cutting as, it came from the machine was 
in.\t 3t-cuved and ivoiglici! ;)5.S ftrauia, analysis showed .0'182 grams of nitrate 
of .mercury pvesciit, t-qual to about .0208 grama of metallic mercury. As 
Dr. Thorpe does not state the total amount of sample of fur used in the 
analysis, it is difficult to make proper comparisons especially as our findings 
are very much less than bis. 

The operators of the cutting machines are females, and the examiners of 
the fur as it is delivered from the machines are both women and young 
girls, who are exposed to the very fine fluff which despite careful handling 
is liable to arise. 

Inquiries made among these workers failed to elicit any information which 
might indicate that any suffered from mercurialism, and as a rule tbey 
showed no external symptoms; the best proof is by means of a physical 
examination being made, hut this was impoasible. Many are foreigners, 
and though some appeared anaemic, it would be a difficult matter to declare 
the anaemia due to mercurialism. The teeth as a rule seemed well taken 



D.g.tizecbvGoOglc 



Eepoet of the Commissionee of Labor, 1911. 103 

care of, though some of the gold fillings appeared as if there was a slight 
amalgam present. 

In the blowing room the danger from the dust i& in the mising and feed- 
ing. The workers are all adults, few in number, and thej do not remain 
constantly in the blower or picker rooms. The machines are all encased 
in wood or fine wire mesh, in order to prevent the loss of fur which is 
valuable material. Analyses made of samples of air taken from such 
rooms sliowcd 20,7 grnmsi total Hi>lid8 in a million litres of air, of which 
6.20 grams were organic matter. In one cubic meter of air 29 long fur 
hairs and 170 small ones were found, while four milligTame of mercury 
were found per mitlion cubic meters of air. 

In making the body of the hat there is an added danger from humidity, 
due to v.vpors criiat'.'d liv the liot water uaed on the cone and in forming the 
hat. In this moist air the amount of dust is kept down, but in feeding 
the fur into the hopper, the operators arc exposed to the fine fluff, and in 
many of the factories the hopper feeders are young women. While infor- 
mation could on)}' be obtained through inquiries', it would seem that the 
effect of the work is deleterious to health. Analyses showed no mercury 
present in the air and the amount of dust was very alight. 

The operators at the cones are male adults and from general appearances 
atp of fine iilrysique, this being quite evident as they usually wear very 
little clothing owing to the character of the work and the high temperature 
and humidity. 

A^ reported by Jungfleish (Annates d'Hygiene, Dec., 1882), nearly .5 per 
cent of metallic mercury was feund in a layer of felt deposited upon a 
forming cone. This seems ratliev' high in oonnparison witih our finiKinge. 

All replies to inquirie? as to mercury jjoieoniiig were in the negative. In the 
various processes through which the body passes, such as plankjng, sizing, 
shaving, stiffening, dyeing, and blocking, the workers are strong adult males 
and are exposed to an atmosphere of high temperature, and vapors, due to the 
extensive use of hot and cold water; in fact the work is such that the ope- 
rators are at all times thoroughly wet. Analyses showed no mercury present 
in the air and water taken from the tubs showed but a minute trace. That 
very little nitrate of mercury is left in the body after passing through so 
much hot water, can be readily understood when we consider that the nitrate 
is about as soluble as ordinary table salt, and that the metallic mercury is 
volatile at a low temperature. 

The niojority of the workers are foreigners ' and replies to inquiries as to 
mercurialism were in the negative, but it was admitted that they suffered 
from pulmonary affecttons and rheumatism. Some of the old operators said 
that in the old days some of the men did have the shakes but not now. This 
may have been dire (o the fact that formerly uietallic mercury was uaed and 
solutions improperly made; the mercury formed a very insoluble combina- 
tion with the keratin of the hair which wah not removed in the processes 
subsequent to carroting. 

In the manufacture of stiff bats, such as derbies, the body Is shellaced. 
Here the danger arises from the liability to intoxication from the ethers 



104 New Yoke State Depaetmeut op Labor, 

and wood alcohol used, aa well as danger from explosioa of the bigh)^ in- 
flomable materials. 

Jiut how much danger the workers on the formed hat bodj' are exposed 
to may be seen from the following analyata made of a completed bod; ready 
for finishing. Weight of hat 65.3 grams, amount of mercury present .0025 
gr^ums which is almost Jriliiiitesiini^il. JuiigMeish reports having found .7 
per cent of mercury in a hat worn for some time. In my opinion there 
watt either an error in calculation or a typographical error in his report. 

The workers engaged in the processes of finishing the bat are mostly 
males and in many cases boys. The dangers incidental to these processes 
arise from dust, temperature, humidity, carbon monoxide and carbon dioxide. 
Many of the processes are carried on in the same room so that alf the 
workers are exposed to the same danger, irrespective of their particular 
work. The most dangerous portion of the finishing process is the pouncing 
and hand finishing. In this portion of the work a fine sandpaper is used 
and the dust created contains quantities of a fine sharp glassy substance 
known as silicia. Many factories have exbauat systems attached to the 
pouncing machines which minimize the danger. In some factories young 
boys of poor physique operate the brim pouncing roachinea, unprotected by 
exhaust systems. Analyses of the air in the vicinity of such machines 
showed 80.2 grams per million litres of air. A further analysis of one 
;;]iim of tliia Just showed .01021 griims of silica present, and in an analysis 
of some of the floor sweepings a faint trace of mercury was found. 

In the hand finishing there is danger not only from this dust, but also 
from organic matter in the grease used, -poisoning from carbon monoxide 
from illuminating gas used, possibly also, from mercury for, in aualjnea 
of air taken at the breathing level of finishers in a few small shops, a trace 
of luercury wiis found. In none of the factories are exhaust systems con- 
nected with the finishers' tables. 

Inquiries made amoi^ the finishers failed to reveal any cases of mercury 
poisoning, but a large number do suffer from pulmonary affections, a^d the 
secretary of one association reports a number of cases of pulmonary tuber- 
culosis. Mortality statistics show a large number of deaths among hat 
finishers from phthisis and tuberculosis. 

From a «uperfloiiUl examination of a number of finisbere, 1 found th«su of 
good physique, but many had slight bronchial affections. Among the hand 
finishers in the small shops in the large cities, I noticed a number were 
ancemic, but could obtain no history of illness or make a physical examination. 
In many of the factories boys and girls are employed in processes where 
illuminating gas is used for the purpose of heatii^ apparatus and machines. 
Analyses of samples of air taken from such rooms showed as high as four 
parts of carbon monoxide per ten thousand volumes. Many of the workers 
complained of all the symptoms of carbon monoxide poiB<ming, and Inspector 
Vogt and myself felt the depressing effect of the vitiated atmosphere after 
spending the day in such rooms'. 

In the trimming rooms the workers are females and apparently in good 



D.g.tizecbvGoOglc 



Report op the Commissioner of Labor, 1911. 105 



health. Analysea showed no mercur; in the air, and a very Htnall amount 
ol dust and organic matter present. What is needed mostly in tbese roonia 
is proper and sufficient ventilation. 

Throughout the entire process of felt hat making from raw pelt to floished 
hat, meats are brought into the various workrooms and eateu there, and 
very little attention is given to personal cleanliness. 

Summairizing: — in the induetry there -eeenis 1x> be a danger present wliich 
is not fully recognized, viz., that from dust and fumes. 'Ihe danger from 
mercuriolism is, in my opinion, limited to the carroting, and handling of 
the carroted product before forming the body of the bat; an intensive 
analysis of the Industry seems to demonstrate this fact. 

Hitherto, it lias been a disputed point as to which process of the industry 
is mostly to blame for mercurialism. Many authorities claim that it is in 
the carroting process, others in the ^nishing process, but the statistical 
facts in proof thereof are ratlier meugre. 'J hat the danger has been ma- 
t«riall]' decreased through the use of properly made nitrate of mercury is 
quite evident. Formerly each furrier made his own nitrate of mercury 
from pure metallic mercury and nitric acid, hence small globules of metallic 
mercury became lodged in the fui', and so became a danger to all workers. 
This fact may account for the conditions reported by investigators of the 
finishing processeb some years ago, and even at the present time. 

The investigation clearly proves that so far as the industry in this state 
is concerned the danger from mercurialism greatly decreases when the body 
of the hat leaves the forming machines, but that the danger from other 
conditions increases. It has been thoroughly demonstrated that certain in- 
fectious diseases are disseminated by means of hair, and that organic matter 
is the medium for bacterial growth. We have then, in the industry, the 
following dangers: 

(1) Organic dust, increasing the danger through being irritating, insoluble, 
poisonous, pathogenic. 

(3) Poisoning from carbon monoxide. 

i;t| Exposure to high temperature, bumiditj- and dampness. 
In view of the foregoing facts, 1 would respectfully recommend the formu- 
lation oJ regulatitwis along the following lines. 

Reoui^tions fob the Employer. 

There s1>ould be an attending physician at each factory. 

All employees should be examined physically every six months, and before 
returning to ivork after ilbieas. 

All cases of illness should be seen by a physician and if the result, di- 
rectly or indirectly of the industry, should be recorded in a book accessible 
to the Department. 

A sufficient supply of wash basins (one to every five workers) with hot 
and cold water, soap and hand brushes should be provided. 

Time should be allowed for washing up before meals and before leaving 
the factory. 



106 New York State Department of Labor, 

OTcralls should be provided for mRle&, and aprons and bead coverings for 
females, the same to be discarded upon leaving the factory. Overalle, aproiu 
and head coverings should be washed once a week. 

Rubber gloves and aprons should be provided for workers engaged in the 
parroting process, the same to be kept iu good repair. 

No fiood sliouJd be brought to, prepared or eaitcn in, a room wihere any of 
the proceases are eairied on. A room for meals should be specially set 
apart for that pnrpoae. 

No person under eighteen (18) years of age should be employed in an; 
process or room where dust or fumes are freely given off, or wbero shellac 
varnish is made or applied. 

All work rooms should be ventilated by mechanical mean? so that an 
abundant supply of fresh air may be maintained. . 

Where dust it generated during the process of manufacture, an exhaust 
system should be provided, consisting of hoods and piping connected to an 
exhaust fan of sufOcient power to remove all such dust at the point of origin 
and in a direction away from the worker, the system to be operated during 
the time work is carried on. 

In all wiiTotiiif; roomsi arlifiiiul nutans for ventilation should be provided 
and maintained to remove fumes from the ovens. 

All floors should be of such material as to be easily subjected to removal 
of dust by moist methods and sliould be cleansed daily. 

The mixing of the carroting solution bhould be done in a special room 
provided for the purpose, or after working hours. 

All rooms where wet processes are carried on should have an impervious 
floor and be properly drained. 

Workers exposed to mercurialism should he alternately shifted to other 
work M as to lessen the danger. 

Where illuminating gas is used to heat tools, apparatus or stoves, all 
fumes, gases or vapors generated during the processes of manufacture where 
such tools, apparatus or stoves are used, should be removed from the point 
of origin by means of properly installed exhaust systems. 

Notices regarding the danger of poisoning from materials used, the symp- 
toms, remedy and preventive measures should be posted in each work room 
and dressing room, and in several langauges. 

Reoulations fob Euployees. 

Extreme cleanliness should be observed. Care should be taken to wash up 
thoroughly before eating, and before leaving tifter finishing work. 

All workers when at work should wear an overall suit and head covering, 
whioh should not be worn outside the factory. 

No food or drink should be brought into any of the workrooms. Meals 
should be eat«n only in the room provided for that purpose. 

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



D.s.™cb,GoOglc 



Repobt of the Commissionek op Labob, 1911. 107 

Xo worker should in any way interfere with the mecuia and appHances 
provided for ventilation or the removal of duat or fumes. 

None but male adults should do any cleaning of the floors. 

All worker! should submit to a physical examination every few months, 
and, if ill, should report at once to the physician. 

F/mployeea should become familiar with the symptoms of poisoning from 
the materials used, and the means for prevention, as well as the remedy to 
be applied. 

C. T. Gbabau-Hooixs, 

Medical Inspector. 



^dbyGoogle 



New York State Department op I.abok. 

results of air analyses in cloak and 



Mtuu tt vnliluion. 






Wiiidowi:lN.,2E., 1S9. 



WiDilowi:SN., !B., lea 



Wisdiim; 3 N.. 1 B.. 14 S.. 3 



Wiulain: S N.. 2 E., U B., 
3W, SN.bU 

Wiodoin: 3 N., 2 E., M B., 



WuAm: S N., 3 E., 2 .., 
U4iuh eihaiut fia witb 
duct to cottr cdolt. 



Oh ud deotridt]'; 



Gu sod tlMtrfgit;: 



7 gu irou ia eats of loft. 






Oa and eleo^dti 



Qu uid (((ctndtT: 
7 w inna M window 
Oh ud dtgtrkit)'; 



S iu irou It nu uu wiDdnwi. 



LOFT BUILDINGS, 



Cuttiocdtpt.. 



D.s.™cb,GoOglc 



Repoet of the Commissioner of Labor, 1911. 100 
suit factories ix new york citv, ibll. 





(FiBUKBIlT). 


h™^. 






Rmuitb or Am Ahimsb. 


















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,ab,,GoOglc 



110 New Yoke State Department of Labor. 

results of air analyses in cloak and 



Wuidi>n:eN..2E^SS. 



Winiloin: 4 N., ! 



7 I Wlndon: 4 N., 2 E., < 



4 N., 2 E., 4 S. 3 



Windowi: 6 H., fi E.. « S., 3 



WiDdom: S N., 5 E., I 



Windon: 9 N., 9 E 



Windon: i N„ S E., t S.. 

W.; 
doors: 1 8. 

Wiodon: i N., 5 E., 6 S.. 



Gu ud dBcerioit]'; 



Gh uhI fliecuioity; 



LOFT BUILDINGS 



Gu ud dubici^; 



Gu ud ^Klndt)'; 

Gu uid dHlricity; 

flembeW; 

A gu iiniui At wLndmrB, 



D.s.™cb,GoOglc 



Eepobt of the Commissioner of Labok, 1911. Ill 
SUIT FACTTORIES IN NEW YORK CITY, IftU— (Continued). 





T«1IPIRATT.M 


Htv 


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RECENT TVTE - (CrmUiiB 



























































































































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bjGoogIc 



112 New York State Depabtmeht of Labor, 

results of air analyses in cloak and 





Hdu 






FteM. 


EiinoTin. 












Mile. 


Fe- 





LOFT BUILDINGS, 



Gu and plectricity; 






WiiidoKi:«N.. ItS..in 



modow8:SN.,SS., 



Wmdi)in:6N.,6S.,5W.. 



i6oin:eH.,SS..iW... 



dow8:eN.,S6.,5W.. 



CtqlH 



sfl ubd electficjty; 
ifl irona mat iriadQWfl. 



Wot end.... 
North end.. . 



Wertmit 

a] On« Iftrgv «e Ivnp ind 2 gu >eli buFDinK. (b) 2 lu jetj biiroiDf. 



bjGoogIc 



Repoet of thk C0MMIS810NEB OF Labob, 1911. 
SUIT FACTORIES IN NEW YORK CITY, IWd— (Continued). 



IT TYPE 


-(C«U6i«il). 












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byGoogIc 



114 New Yoke State Depaetment of Labob. 

restjlts of air analyses in cloak and 



tttaae ol illuoiiuitioii and b«t- 
and number and location 







gZ^S,' 




S5 














S 


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mndows:3N..3E„3 



doi>i;3N.,3E„3S„lW. 



Wlndom: S E., 5 W. . 



VruidainM N..4E. 4S.,3W C 

•kvbghla; 3; 

cibawt fans: 1-11 id. N,. 



(Trndowi: 4 N.,t E.,4 S., 3 W. 
eibaUBt rang: 1-14 in. N., 
I-U in. B. 

Wiadoin: 4 N.,4 E., 4 3.3 W.-, 
uhiuBt bne: 1-14 in. N., 
1-W in. B. 

Wiodom:3N,2E..33., Zff- > 



id) Qm and dgctridty; Wat a> 



; Om nod Blntrioity; 

Gbb and deotriDity; 
' mheat; 

ande}«lridty; 



id el«tficity; i Rear. . . 



Gas and elscliiuCy; 



j ftont. . . 



byGoogIc 



Report of the Commissioner of Lasob. 1911. 115 



SUIT FACTORIES IN NEW YORK CITY, 19 H— (Continued). 



Firta Pule 



RECENT TYFB — (ConlinuoO. 



D.g.tizecbvGoOglc 



116 Nsw YoBK State Department of Labok. 

RESULTS OF AIR ANALYSES IN CLOAK AND 



HwM of mtUXim. 



mt, ^oA munbH ud k 



3d 


M 


^ 


.. 


• 




4Di 


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Windowi: 3 E. (IniTn), t B., i 

IW.; 
abwat tua: M4 ia. B. 



Wmdon: 4 N., 4 E 



» <1h ud elselricity; 



OhuiI elntiiciCy; 



Oh (ud tlHtiiisi^; 



LOFT BUILDINGS, 






LOFT BVILDINGB, 



4tb 


(0 


13 


5th 


. 17 


t 


Ml 


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i: 7 H., II W.. 7 on ( 



Windon: IS W., 4 N, 



S 111 inm (t windooa. 



Fi;<IE., 7W., 1 lida. 



(•) I (H MOTN lot bMtisf inu 
D.g.tizecbvGoOglc 



Report Of the Comhissioxer op Labor, 1911, 117 
SUIT FACTORIES IN NEW YORK CITY, IWl — (Continued). 





TunUTDRE 


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or Ka Awtni)- 
































































































































































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58 















bjGoogIc 



New York State DEPART^rI:NT op Labor. 

RESULTS OF AIR ANALYSES IN CLOAK AND 



Feb. 28 


6th 


„ 


2 




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<th 
till 


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3d 


« 


2 




5th 


10 


■ 


£;,' 


„ 


« 


> 


A 


3d 







»!-'— 


IN, 


1S,,1 


W... 


™.„ 


.... 


.K, 


s . 


™™ 


.». 


.B„. 


w. .. 




* N 






Win.]o-» 


2S. 


^^ 


'SS" 


IE., 


4S.,2 


on air 


Wbdom 


4N-, 


™.ir=l«f..| 


Wiodows 


IN 


W., 
20II1U 


*Jt.| 


Windows 


hsfl.' 


E„2W., 2| 


Windana 


2W. 


S£d= 




»"- 


2E., 


W., 


Hde.. 


™, 


.,. 


Sside 




latoce. 


Si 


2W„ 
with 


side: 
venti- 


"""" 


,;s 


ew., 

wilb 


Iside; 


Windom 


2N, 


... 




Wiada« 


.», 


E.,1 


a.... 






(f) One tu jrt buniia(. (/) 2 eu j«la burninc. 



bjGoogIc 



Repobt op the Commissioner of Labob. 1911. 119 

SUIT FACTORIES IN HEW YORK CITY, l»ia— (Continued). 





TlMPUATDU 


h™ 


„. 






Riaulis 


»A.« 


„.™. 
































































































dox. 


doon. 


doon. 


10,000 


vol- 




i.ooo.ooc 

lit™ of 


'•s." 1 .ff., 


€•■ 























<A.D TTPB— (Contiiu 



• Not repdrtsd. t Tn"»- 



« 


18 


1 '■» 




0» 


S7.0 




51 


20 












47 




1 ' 




OM 


4B.0 






Ifl 












49 


17 






OM 


MO 


















« 


!i^ 


























SO 


23 


It 




"» 


MO 




a 


19 


} ^ 




,M 


04.0 






n 


1 ■ 




0.;. 


67,0 




































} '" 




1.40 


mo 




2 


1 


J 15 




la 


M,0 




S 


1 


1 




0,85 


01,0 




liO 


1 


i ^ 




120 


70,0 




SB 


IJ 


) ■ 




.... 


52.0 




















13 


1-' 




0.70 


W,0 




B7 


13 


1 




0,80 


M,0 




67 


13 












60 




1 




O.M 


58.0 




































1 ■ 




0,74 


61.0 




SI 














H 


11 


)> 




0« 


.,,. 




M 




It 




o.se 


6S,0 




8? 


1? 













D.g.tizecbvGoOglc 



120 New York State Depaktment of Labor, 

RESULTS OF AIR ANALYSES IN CLOAK AND 



LOFT BUILDINGS, 





Ploor. 


f.'Tii' 


Mtuao 


ventilatioD. 




M.I.. 


Ffr 





M 


a 


ZDd 


" 


>Kl 


7 


iDd 


1 


2i>d 


t 


3H 


i 


Hid 


i 


and 


. 


M 


" 


1th 


.. 


4th 


» 


W 


., 


4(h 


18 


Sth 


10 



Wiadom: 
Windows: 



B Wi]id(tin:3E., 3W.. 



WiDdoin: 3 E. (IminB), 3 W. 



Wmdowi: i E.. 4 W.; aii 
(quipped wiUi notililwi; 
■ •kyfiiht. 

ffindowi; 1 E., 4 W.; rii 



(/j 1 (H jeti buraint. 



Gaaukd dsetricity; 
MousbBt: 

Ou and elBUiatr; 
(UIGuudeleclridtv: 
Gu uid decbridty; 

(«) 6 lU IBM Ud OD 



Cmtw,. 
C«ll»r. , , 
Ctnts... 



CnUr. 



byGOl.)g[c 



Repoet of the Commissioneb ok Labor, 1911. 
SUIT FACTORIES IN NEW YORK CITY, Iftli— {Continued). 





r-"'- 


u^. 


Rnnm or An ARunia. 


TiDW. 


ai i 


£; 


doon. 


lolooo 


If, 

io!ddd 


'Tjff 


Gnms 


S5 


Si 



OLD TYPE-(Cmliiiwifi. 



w mulU buraing. (U) I lu jet bv 



•NotMUJtW, tTnm. 



byCoOglc 



New Yohk State Department of Labok. 

results of air analyses in cloak and 



is 




Nom 

ElfPL. 


H or 


FW- 


Male. 


Fe- 



LOFT BUILDINGS, 



Ap.. 'S 


m 


■' 


• 


Mif.27 


3rd 
ili, 
Slh 


5 


2 
S 
8 



.kjiSi 


3N., 3S 


™ 


mndoF.: 
■Mb uhi 


veDtilaUniDnr 


madom: 3 N., 2 S,: ooe 30- 
inoh eihiust Fu in front 




N,, 2 a 

UMttu to 
ntiUton:! 


duct 
center 



< ft imm nmr wiudDin. 



3ri 


" 


' 


4th 


• 


• 


4th 


7 


I 


fith 


.. 


■ 


3rd 


„ 


■1 


2iid 


• 


■ 


lit 


" 


■ 



V'indom: 3 N., 3 8. 



























di«l«l» 


urti 


o.(ro 


(ud 












I1.1HI 




Viiid»«9: 


N 


i t 


™l.l 










nuwiid 


ow«. 






Undon: 


N-, 


>id>. 





MOasanddectricity; 



LOFT BUILDINGS, CON 



C«Ur. . . 



Windowi: I N., 3 E., 2 W.. (p) Gu ud eUcliiciti': 



13 (H jMa burning. 0) 5 gn jet: bunUDf, 



Cooler. 

A jflli burning (0 3 gu jets burmni. 

(p) B alectiM lunpi wd Z tM jeti bunung. 



D.s.™cb,GoOglc 



Report of the Commissionee of Labor, 1911. 
SUIT FACTORIES IN NEW YORK CITY, 1911— {Continued). 





(F.HIIE 


^l 


H™.:.. 






a..™ 


.,A,.,.™. 




























































































doois. (toms. 


10,000 


IO.OO0 


'■V 


1,000,0m litaiiT 




li^nf 








1 


Uni=. 


'™'- 




"r.'i *■ 




«r. 



OLD mE-tCmdadif). 



























, ^ 


BO 


j9 






























































' " 


62 







1.02 


.,.. 


■ 




O.SO 


4S,0 


■ 




.o 


63.0 


. 




o.so 


50.0 


1 



VEBTED TENEMENT HOUSES. 



■) 1 eu jet and 



'i'r ' 



ubjGoOgIc 



New Yobk State Dbpabtheitt of Labob. 

results of air analyses in cloak and 



A 


4lli 
M 

tad 


30 
1 
1 


t 


>^'» 


Ml 


n 


^ 


JS 


1(h 


• 






M 


1. 


< 




Ml 


. 


I 




Hk 


« 


• 


Air. 31 


H 


■ 


■ 



Wadow 9 E„ 9 W 



tLOFT BHILDINGB. CONVERTED 



AODt.... 

C«nltr... 



n 

Art. 

Apr. 
<1 



6«at; I mU tnH Id nnf. 



(OOm; 



W On; 

3tM iFDia It KiDdoin. 



cs„ct,CoOglc 



Repobt of tee Commisstokes of Labob, 1911. 
SUIT FACTORIES IN NEW YORK CITY, 1911 ~ {Concluded) . 





Sr"-s 


HDmwn. 


Rnni.n or Ata Ahutsu. 
















































lUM. 


Out- 


In- 


Oiit- 


Id- 


«.... 




mum* 






"^ 


b-^o. 










































iffliy 






Btarol 

























TENEMENT HOUSES- (CgndiuUI . 



) +■ 



) +' 



) - 



















































{;;l!; 




w 


n 


s 












































M 


















































































































































u 


13 

















' 1 BU jet burning. 



ubjGoOgIc 



,126 New York State Depabtment of Labob. 

results of air analyses 



"n?- 


Date ud wuUier. 






E^a^a. 


Number 








Mule. JFemule. 








p;;:;;; 


60 
40 

7 


"l 


Windows 

do 
do 

WindowB 

Wiudom 
Wudo™ 

\Cdom 
Widdom 

wiudS" 

Window. 


MANUFACTURE OF 
















„ 


Sortioi 




20 












Shemug. 

CurroUug, 

CirroliBg ,-^''^ 

Carroting 

Cuttiiig 

Cam>liug 

^tSf,:::::: 

BbJ 












* 


June M^ cloudy. 






JuuZft;clur... 




« 


26;akylighta:10 






31 






MANUFACTURER 




10 
19 

40 
18 


10 






24 .id* 19 o» court 




fir 
a 

Tri 
Fiu, 

Fim 

Fmi 

Ttii 

Fia 
Tr 


MI 

at 


.„;(3di,.. 
■ing 

loe 

m* 

m 

m« 

ng 

"B 

ng 


27 








„ 












mudow. 

Windows 
WindowB 
Windows 

Windows 
Wmdam 




jl 


Sspt. l(l;etomly. 








n 


Sent an- 1(« 




ji 


Sept 30 k« 


Bfroot 6reir 


























3«,t. 7: cloudy,. 


Trimming 













bjGoogIc 



Repost o» the Coumissionsb of Labok, 1911. 
in felt hat industry. 



HATTERS' PUR. 



, P»t«ot olootric fan 






II bkiwing luik^hiTieg, 2 devilt. 



12 ™ iroM, I. 



. Cenunt. . . . 
' Wnol 



JO bulct, Zitnm Uen. 



D.s.™cb,GoOglc 



New Yobk State Department of Labor, 



RESULTS OF AIR ANALYSES 







(FABUNBirr). 


n^rrr. 


^„„ 


















Q„m> 














































Of'iSIl 


























dom. 






doom 


'r 


TOl- 


'2" 


lii. 


•ii. 



Cuttine. . 
CamftinE. 
Bkarint... 
Bloiiii«... 

C«miUiig.. 
BIoi^r' II 



Finiduiig IMI . 
Fiunhjng iaml), 
FioiiliiDB |3Kt| . 

Ghaving 

Fhiiibiaff 

l^DiihiDg 

Fioiihuig 

FiDiflbiug 

FiuohiDj ... 
TriiDDiiag . 



MANrFACTURE OF 





87 
S3 

85 


80 
M 
89 


S 


....'" 




' 


o^so 

4.10 


70 


70 


70 


SO 


g 




t 


2.81 


73 


72 


?s 


ss 







! 


1:* 


73 


79 


70 


81 


12 




1 


1.7! 


78 


SO 


S2 


60 


' 




1 


3.00 
3.20 


!! 


70 


M 


M 


1? 






a 


70 


?8 


" 


K 


? 






4:50 


7S 


81 


M 


K 








l.M 


s 


M 


M 


lo 


"U 






1.89 



MANUFACTCRE 



89 

i 


85 


8i 


90 

80 
80 
SO 


■ 22 


+3 


1 


9.32 


71 


77 


40 
40 


40 


'I 






alio 


84 


82 


40 


60 


7 






1.10 


M 


K 


3S 


SO 


8 


t 


1 


1.40 


7S 


82 


K 


JS 


18 


3 


1 


3.20 


86 


84 


W 


SO 




2 


1 


2.70 


70 


80 


48 


81 


18 


2 


1 


1.70 


M 


70 


SO 


K 


10 


1 




0.98 


JO 


7S 


30 


80 


18 


3 


, 


2.30 


47 


88 


40 


SO 


19 


3 


2 


3.20 


70 


86 


80 


70 


14 


+2 


2 


4.31 


70 


74 


50 


. «l 


9 




1 


82 


70 


84 


M 


81 


19 


2 


I 


1.07 


JO 


SO 


Si 


80 


IS 




t ! 0.42 


70 


SO 


80 


70 


12 




1 


0.80 1 



bjGoogIc 



RepOET of the COMMISSIONEB OF Labob, 1911. 129 
m FELT HAT INDUSTRY.— (Continued). 



AmAKii-mB. 


Fum» 


lodon. 




butari* 




Numbnof 
pwticlaofdurt 
(HJitaofur. 


Milli- 

1.000,000 

ofur. 


RsDvb. 



HATTERS' FUH. 



1.700 (mortlyhiir)... 


\i 










MOO-™) 
























1,009 (HI bun) 


! 






















3.00J 


4.0 


iffiaSi;:: 


1 


lM(e6Uir.) 

SHCIThun) 




I.lH[Hhiin) 








1,01)7 (mortybiir),.. 




SU(8tlHin) 




















110 (70 bun) 




BKSlimi) 








30[101™) 




32 





WLadDin open. 

BaIo of ikLu opeofid And Bortod; 

windon open. 
Windows opto. 
Muhinn conDectflil *ith uhftost 

■yitvn: wiiiioiii opo. 

Windomopm. 

Bnuhing mKhina FODOeatsl with 



Windom pwUy opm. 



Drviic ovdDi booda: 

Drying oircu boodK 
NoalHiitiyitan. 
< (IB JBU burning. 



Michiw cDnii«t«d ntb aibiuit [an. 
Mubina connected witb ohuiBt fut 

WindnwB open; dry and duB^; 

ffDviag oouth wind. 
Singling mubios booded; windowv 

Twoity window! open. 

^Eidowa open; floor dirty. 

Windoaa open; slcunen not booded. 

nflani windowi pKllyi^ieD; •tnng 



WimiDwi oji 



i; BooffldiitT. 



Windowi open; wat«-ikiaet> IlQiy; 

til»« dirty. 
Windowi opsi; plBM dirly. 

Windowi ud ikyli^iU (ven; wiBi 



D.,.„ct,Ck')Og'[c 



New York State Depabtmenx of Labok. 



KESULTS OF AIR ANALYSES 



NiunbwotiiitKlwM, dMtt lad dyfifliU. 



Mile. Fcsuk. 



MANUFACTURE OF 





■-"■'•"' iSS^;- 


23 


IB 














B^.lZ;ol™l7 


Bofl hit Bin? 


■1 


""is 










Wiodon: 2 lide. 3 bimt, i «i liiiJt. . . . 


21 


Swt.U;tI«jdy 


FiuluDI 




E 


Wind<nnr.7«di,*f™it 


23 


S<»*.lB;d™dy 


Finuhing 


10 


fi 


iriDdan: 4 Irant. 3 rai; ik^liglili: 1. . 






Ctidmudtrim- 

(hSffi. 

Pn»D| 


18 


I" 
















Wbdi>n:BboDt.l(nr,i'rid^ 














21 


Bei*.21;cl«r 


Fbahizw 




i 


Wiiidi>iii:afraDt.lOBdg,l>«r 


U 


B«Pt- 22; ol«r 


Trimming 


13 


....'' 






B«t.2a:d(« 










23 


FbiAiii* 




a 


Window: ■flE.KB.jikjHglitK 4 


W 


B<iit.«>iidS:clHr 


FiMhinid).,.. 


44 








Ficiddngia)..,, 
Blowing 


20 
it 


e 

















ubjGoOgIc 



KePOBT OS THE CoMMISSIOHKB OB' LabOB, 1911. 131 
IN PELT HAT INDUSTRY.— (Continued). 



Dldiidutim. HMttag. Veolibliaii. 



of flwRB. Machina Mod KppEuioii in uie. 



"unl 






lUodidBotu.. ,. 
■tuni 










OioAtAmtha.. 
SiDohahuMfu'-: 



13 fiuAiiiif pota, 1 1 

14 Ittbca, I amatr 



17 bUw, 3 ancm, lUun Ubto. 
iMuw, 1 taktr, I) (» iron, 1 mi 
itwuB, S tskei, 1 Mara ovn. 
itiwnUfala,ai 



1, lib 

■•(■m boiler, B gu in«, 1 1 

bsktn, 1 rim curls t gi 



K, 1 GLi. 



DigmzedbyGoOgle 



132 New York State Depaktmbht op Labob, 

results of air analyses 



1,000.000 
Etanol 



ijxn.ooi 
Bhnd 



















HAHCTACTDSB OP 


» 


YaoAm 

FinahiB? knd 

Soft tut trimming 


TO 


80 
73 


OS 

78 

87 


7S 

«0 


IS 




1 




1.30 
3.40 

2.30 
3.00 
O.M 


u.oo 

43.00 
20.0S 


21 


FbWUn, 


W 


77 


eo 


S8 


14 


u 




1.2S 


24.80 


22 


Finihiw 


«1 


SO 


7! 


74 


IS 






l.W 


18.40 


123 


CuiliBg-'and 
tiimming.lli 


SI 


i 


90 

i 


i 


1! 


' 




IBS 

O.M 
3.40 


24.30 




FmiAiD.;:::::; 


47.00 


24 


FinM-iiig 


OS 


78 


SO 


80 


IS 


2} 




1.40 


41.30 


2S 


Finiilung 


TO 


84 


so 


SO 


>■ 


» 




0.72 


20.01 


20 


TrimmiBg 


73 


74 


E3 


70 


> 


+1 




o.w 


24.J0 




Fb-hiDg 


73 


70 


(3 


72 


14 


3 




1 82 


27.50 


27 


FtaidUng 


71 


68 


50 


5* 


e 


1 




0.7S 


18.40 


28 


Fidishmg 


«i 


SO 


30 


40 


14 


2 






31.20 


29 


Fbaddgdl..., 


74 


82 


40 


70 


22 


+4 




3.2« 


55.00 




Fbiih]iig(2),... 


7* 
78 


80 


40 
42 


M 


20 


■H 




4.40 
S.50 


40.40 
29,70 
51.40 



"• Not detamldod. 



ubjGoOgIc 



Eepobt of the C0MM18S10NEB OP Laboe, 1911. 133 
IN FELT HAT INDUSTRY.— {Ooneluded). 



AiaANA 


™. 
















MUli- 










*'T 




























"S? 


■3E- 




1,000,000 

ft 







SATS-ICmdiiMl 



g,»i^::;;:::;. 

|MI3Sl»i«' 








m 




miHbun) 












1100 








120 








810 




114 








1,100 (Wbii.) 


t 


Lioocsnetiiiiv.:::: 





Fknffin.... 
Oil lad nu. 

<»1uid*H. 
Oiludm. 
Oiludwu. 

Oil aid ni. 
Fanffinaul 



WiDdomoii 
Windon on 
WindonHap 



ITiiidDiQ open: nnECn wt boeded; 

■teua tabia hoadfd. 
V^adowa opCD; liuiBT not hooded. 

Windon open; ileuHr booded: 

Bfiventy thounrid oiibio feet ol 
ur ps hour entefiug vindoin. 
Wudon opa; (•■ ifou doI hooded; 
" uu] Boon doetv. 



WlndoirB opep; flocv 

WindoviDpep; bake 

^ndowi pvtiy op 
hooded; rim poiAi 
Floor dir^; nm pi 



at hooded. 
BOthoodei' 



Maehliufl noG oonneeted with ex 



ubjGoOgIc 



184 "Nxw York State Dspabtuskt of Labob. 

(C) Rbpoet op the Tunnel Inspectos, 

Hon. John Williamb, 

Commissioner of Labor, Albany, N. ¥. 

Sib: I hereby submit my annual report as tunnel inspector 
for the fiscal year ending September 30, 1911. 

Differing from previous years, the work was spread through the 
State, necessitating much traveling, and wag much heavier than 
usual. In so far as was possible, a visit was made to each tunnel 
once in three months, but due to the lai^ number o£ tunnels and 
their scattered location, all were not visited with this regukrity, 
Tifty-nine tunnels were in the course of construction, together 
with five caisson contracts, having 184 pneumatic caisaons. Two 
of the fifty-nine tunnels were operated in sections under pneu- 
matic pressure, but the pressure was very light, seldom reaching 
fifteen pounds to the square inch above normal, and yet, in spite 
of all medical examinations and precautions, two reported deaths, 
due directly to air pressure, were received from one of these 
tunnels. These were extraordinary eases, yet they show the 
danger of the work, at even so low a pressure. 

All of the pneumatic caisson work was divided between two 
contracting firms who make a specialty of this class of work. 
Realizing the dangers of the work, every perceivable precaution 
was taken, and very few accidents were reported from this class 
of work- 
Aside from the general inspection of locks, valves, etc., the main 
feature in this work is the hours of labor in air pressure. Work 
in caissons and work in tunnels in air pressure are two entirely 
diiferent matters. In the former, due to the small air chamber, 
the fluctuations in pressure are great — quite frequently the pres- 
sure drops in a few seconds. This does not occur so rapidly in 
tunnels, for there .the air chamber is much lai^r. In caissons, 
due to the small space and small air chamber, the temperature is 
frequently high and invariably much higher than in tunnels car- 
ried on under air pressure. For these reasons, mainly, tjhe work in 
pneumatic caissons is carried on under shorter hours than set 
down by the State laws, which were framed with special regard to 
tunnel work under air pressnrei 

D.g.nzecbvGoOgIc 



Repoht of the Commissioneh of Laboe, 1911. 135 

In tbe excavation of tunnels, three general methods were em- 
ployed, the top heading and bench method prevailing; aeveral 
contractors holing through the entire tunnel with a top heading 
and excavating the hench afterwards. In one tunnel, the bottom 
drift and stoping method was employed. This last method re- 
sembles the manner of excavation used in the Alpine tunnels of 
Europe and caused considerable controversy among American 
engineers, Thffle methods, of course, were the oubeome of several 
reasons, mainly cost and the nature of the ground, but of the 
three methods, hoHng through the tunnel with a top heading and 
then taking out the bench, is, in my opinion, the safest for the 
workers. All other conditions being equal, loose rock falling in 
a small heading will actually not cause as much injury as falling 
through a larger distance and furthermore, can be more easily 
detected in a small top beading. So the final roof or the tunnel 
will be more solid and less liable to falling rock when the bench 
is taken out. Furthermore, after the top headings are holed 
through, excellent natural ventilation is obtained while the remain- 
ing excavation of the bench is carried on. 

The majority of the heavy tunnel work is along the route of the 
Catskill Aqueduct for the New York City water supply. The 
most interesting and heaviest piece of tunnel work is that section 
known as the Hudson Eiver Syphon, the tunnel crossing under 
the Hudson Eiver at Storm King mountain. 

This tunnel is carried on from the two deepest shafts in the 
State. These shafts are located on the east and west banks of 
the river at this point and are 1,140 feet deep. The rock in the 
tunnel and also in the shafts at this depth is of a peculiar char- 
acter. Although apparently solid and firm, it will, without notice, 
shoot out from the roof and sides of the tunnel with a popping 
noise like a gun shot, making a most dangerous place to work in. 
This has been overcome by putting in steel roof and sides with 
sheet steel lagging and carried aa near to the heading as possible, 
This steel timbering, as it is called, will remain when the tunnel is 
being lined with concrete, differing from the wood timbering in 
that respect, and making work safer while the concreting is going 
on At this depth several seams of water, under an enormous 
pressure, were encountered. Work in the headings had to be 
suspended because of this water on several occasions. 

D.g.tizecbvGoOglc 



IOC Nbw Yobk State Dbpabtment of Labor. 

A concrete bulkhead was built about 100 yards from the heading 
with an opening large enough to allow a muck car to pass through. 
A large iron door was fastened to the bulkhead with proper re- 
inforcing bracers, bo that in the event of a serious inrush of 
water, the workers could find safety behind the bulkhead and only 
that part of the tunnel between the bulkhead and the heading 
would be flooded. A special power plant had to be erected in 
order to overcome these large eeams of water. These seams were 
grouted by means of hydraulic pressure, averaging 750 pounds to 
the square inch. 

In aooordance with your ruling at the banning of this year, 
subway construction in New York City was regarded as tunnel 
construction and duly inspected. This class of work at present 
is quite large, employing on an average of 3,000 men, but will be 
very much larger during the criming year. Here, I find the 
greatest number of accidents occur from falling objects in general 
— tipping buckets, falling timbers, falling tools, etc. 

With a view to eliminating such accidents, as far as possible, 
I have ordered proper coverings and properly guarded work places, 
and orders along that general line, and in several cases, safety 
hooks where open hooks were in use. This latter is of paramount 
importance in subway work, and I would suggest an addition to 
our rules requiring that no open hooks shall be used with a bucket 
in hoisting, safety hooks only to be employed. This is also abso- 
lutely necessary in shaft sinking, and I have frequently seen open 
hooks in use in this kind of work. 

Sanitation, especially in subway work, is another factor. In 
my opinion, an article -covering dry closets should also be added 
to our existing laws. 

During the past year, work was carried on from 35 shafts, 
where the signals for hoisting and lowering of cages differed with 
each contract. During the coming year, shaft work will be even 
more extensive and a uniform code of signals, in my opinion, is 
absolutely necessary. A committee appointed by the American 
Mining Congress at Denver, Col., in November, 1906, to frame 
, uniform mining laws for the prevention of mine accidents, has a 
rule in their laws (tontaining a uniform signal code. I would 
su(g^t the adoption of this code, permitting special signals in 
addition to those in the code to be used, providing they do not in- 

r ■:;;... Google 



RePOET of the COMMISSIONI^B OF Lasor, 1011. 137 

terfere with it in any way — to wit: One bell, hoist (when engine 
is at reat) ; one bell, stop (when engine ia in motion) ; two bells, 
lower; three bells, men on cage about to ascend or descend. 

Ladder-ways in sbafte are a subject which is not directly 
touched upon in our laws. In all our shafts we have ladder-ways 
after the cages are put in and the headings are turned, but while 
sinking the shaft, I doubt whether or not they can be ordered, and 
when the shaft is several hundred feet in depth (aa all new shafts 
in New York City will he during the coming year) it is absolutely 
essential that ladder-ways be provided and a rule should be in- 
serted to this effect. According to a Legislative Act which went 
into effect October 1st, 1910, all accidents occurring on construc- 
tion or engineering work of any kind, should be reported to the 
Department, and a record of such accidents reported shall be kept 
by the employer in his office, in form prescribed by the Commis- 
sioner of Labor. 

I would suggest that an extra column be added to the sample 
heading furnished to employers, headed: "Cause of Accidents." 
When inspecting the book in an employer's office, if this column 
were added, it would aid considerably in making changes and 
giving orders, with the object in view of lessening accidents of a 
like nature. 

Due to the new accident law, the number of accidents is much 
greater than in any years past. Formerly, only those accidents 
which caused cessation of work for five hours or more, were 
reported, so this year, 3,289 accidents, of which 40 were fatal, 
were reported. In 90 far as was possible, aU fatalities were inves- 
tigated immediately after receipt of such information. 

During the year 65 inspections and 119 observations were made. 
The number of men employed in this class of construction work, 
by quarters, was as follows : First quarter, 8,931 ; second 'juarter, 
8,498 ; third quarter, 8,425 ; fourth quarter, 8,620. 

It pleases me to state that moet of the contractors were very 
willing to abide by all suggestions made, and to render whatever 
aid they could to assist me in my inspection. 
Respectfully submitted, 

(Signed) Gustav Wekweb, 

Tunnel Inspector. 



byCoOglc 



New Yoek State Department of Labob. 



BTATISTICS OF TUNNELS INSPECTED, 1911 



Cantndor or contnctur. 



■s-a -a 



I 



W*t(r couiiut 

JfB. rwt Ci(i(. 



Bluidmg founditiou. . . 



. OtyofBDffiki... 
. atyoFBuBilo... 
. Cllf otBufMo... 



,. Boston uid A[bany 
K.R.CO 

, atj-oINmYotk. 

of New York. 

. EmiimtBiiiiiiiiBk. 



. DiiitodnnCo.-i.. 

: Ew'IVijolirora., 
. CoUesa of City 



Elibml mtilyn Borough) . 
Baibud (B'k&ii Bomuih) . 
Itiilnail ffl'k^Softmgfa]. 
Baifawd (B'k^ BcfDugh) . 

Bhift u>d aUtioD 



CitfofNnYork:. 
Cit7 of Nn Y«k, . 



. CitrofBocliata.. 
. C0.0HI 



N Nib Yoai Cm AflvioucT. 



King, Rice & Gmey. . . 



O'Rourks Enghwaiuc Coo- 



CVRourkfi En^enring Cchi- 



Thoi. 8. Crfminiiu Conl 



DegDOD CoBtnctini Co. . 

Bruin Gontnotjng Co, ^ 

K E. Smith Coafriitiiic Co. . 

Smia. BooU * Co 

~ ' "^ ■ Building Co. & T. 



id Tniuit S 



KvolTiiidBTudi 



NiwYiwi 
atyafNowYort... 
. CityirfNoirYork... 



Ripid Tnniit Snbinx Coo- 



Ripton & Murphy 

Amman npe tnd Conttnio- 



AHingHCo... 






D.s.racbyGoOglc 



Repobt of the Commissionbe of Labor, 1911. 

STATISTICT Ot TDNNBLS INSPECTED. 1911— (CenAuind), 





Owam. 


CwitnrtorwcoMlnKitor. 


|! 


•st 

r 


».„„.,- 


LooMioK uni Koni 







Pulmm Co.— (ColuJuW). 

PJiillipBlown 

Futum ViUey 



Paluiii Md 0McA« Cnst- 

fin. 
Hiillipetaim *Dcl StDmi 



Niw YOHK Cm AquEDnCT — (Condudtil) . 



(/[■eir Crmlt, 

MubMown,' Nnr'iuu'. '. 

N<nrF*1ti 

Stwtilf 

Kvn PtUMfQuiuaa... 



ML PlBWnt-Gnxnbnig. . 
Nn CuUs-Ht. FlaHut. 



Yorktolnl... 
Yurktown;!! 



CTyofHwYork.. 

City of New York.. 
air o( Nnr YoA. . 
City of New Y»k. . 
CHx of New York. . 



CiW of New YoA. . 
CHy of New York., 
do of New Yak. . 
CHyofNswYoik.. 
CSe (tf Nnr Yoric. . 



DiBTo CoDtnstiiic Co. . 



l.tiGHaxAtto.... '.'..'. 
CBTpeotfl aBoiUp...... 

Juna PUkiogtoD 

DegDon CfflitnutiDi Co. . . 



H. S. EartMii^ Ido 

Pittabuirii ContoMliDg Co. . 
BJDiliBt A Domii 



m in tlw ync wu Dude. 



ubjGoOgIc 



X40 New Yoek State Dbpabtmekt of Labob. 

(D) Eepobt of the Mine Inbpectob. 
Hon. John Williams: 

Commissioner of Labor, Albany, N, Y. 

Sir: I beg to report to you on the conditions in mines and 
quarries of the State and also in the factories where the products 
of these mines and quarries are treated. My term of office as 
mine inspector covers only that part of the present fiscal year from 
iTay 10 to October 1. 

During the year a total of 123 mines and quarries were in- 
spected, 107 by myself and the remainder by my predecessor.* 
In addition, visits to ascertain whether orders had been complied 
with numbered 38 for the year, all of which constituted a part of 
my work. 

The table given below shows the prevailing causes of accidents 
that it has been my duty to point out to operators and mine offi- 
cials on my visits of inspection. The largest number of orders 
issued to remedy certain defects does not prove that such defect, 
neglect, or practice is the greatest cause of accidents, but merely 
shows the number of operators that failed to comply with the 
mining law regarding that particular condition or practice. 
NcifBBB or Ounaa 



Explonvflfl, thftwinfl outBtA. .,....,-.,,-..- 

Dedcnation at special bluten 

Metal tampinc rods 

System of warDJnt irheD blsBtinc 

ImprovBnHDt of traveling ways- ,.-..,,-.,- 

InipeotloD of sUam boilers 

Keeping reooid oC Bocideata 

B«pOT^iig aoaldenta , 

SaniWry closets 

Washrooms. , 

Supply and receptacles for drinking wat«. , . 

VantilBtbn 

Shaft timb«riag. ........,..,,...,......., 

Headingi. 

Various dangerous practkee 



Pre»D( 

inepector. 

IS 


ini^^. 


Totai- 


120 
40 

12 


2 


122 
40 
10 
13 

2 


8S 

10 
9 

2 


i 


85 
11 

IS 


m 


2 


« 


tSBS 


to 


407 



bjGoDgIc 



Ebpobt of tue Commissionee of Labor, 1911. 141 

The greatest numiber of aocidenta were due to placing and 
allowiog men to work in the mines and quarries in plac^ where 
they were liable to receive injuries, without due care and proper 
auperviaion over them hy foremen whose duty it should be to see 
that all places are fit for men to work in, just &s it is their duty 
to aee that so much tonnage is hoisted or manufactured. The 
employees also have contributed their share through negligence 
and disregard of orders of foremen and rules of mine and mining. 
Where the operators and foremen strictly enforce rules, aecidenta 
are rare. There is one great disadvantage for the operator in 
this state, compared with those of other states and European 
countries, namely, that the mining law of the .state and the special 
rules prescribed by the Commissioner of Labor are binding only 
on the employer, while the employee breaks the same with im- 
punity. Dangerous practices will creep into mines, and the only 
remedy the operator has is to dismiss offending employees. These 
are a few of the offenses that, in my opinion, should be punishable 
by fines in preference to dismissal : 

1. Biding on loaded ritip or on bail of skip. 

2. Poesesaing or using metal tampiDg trar, 

3. Tltawing dynamite with other than proper thawing outfit. 

4. Leaving loaded or unexploded chaises in lioles without notifying foreman 
of incoming shift. 

5. Neglecting to examine ground for unexploded or partially exploded 
cbargea before drlllfug is resumed. 

0. Storing caps or exploders with dynamite or powder. 

7. Blasting when not apeoialiy designated as blaster. 

8. Signalling w^ben not authorized. 

9. Crimping caps near explosives witli teeth or with any iool other than 
proper crimper. 

10. Bemoving hand rails or gunrds from ntacliine-ry or neglecting to replace 
same after repairs. 

Eighteen corporations were ordered to pay wages of their em- 
ployees weekly. Four corporations were ordered to pay their 
employees in cash and without any store deductions. 

Two mines were ordered to provide more than one outlet, for 
safety as well as for better ventilation. On the whole, ventilation 
in all mines was good. 

Ample timber was supplied to all mines, but I found some 
underground foremen somewhat lax in their inspection of re- 



142 Wkw Tobk State Dkpabtmeht op Labob. 

timbering after blasts and also in inspecting the headings after 
the steam drillers and roofmen. They are inclined to forget Uiat 
they are always responsible to see that the work is properly done. 
Owing to the fact that the state has no explosive law, I found 
explosives often stored in unsuitable buildings and locations — 
some close to dwellings, boiler houses and shaftheads. Much of 
this hag already been remedied. Many have concrete buildings 
erected at safe distances from men and are comparatively safe 
even should the contents explode. Since previous inspection one 
magazine in Jefferson County was fired at with a rifle, and three 
bullets penetrated the outer door of *A-inch iron and half way 
through the 3-ineh hard wood lining- 
There are a variety of crude and dangerous ways used to thaw 
dynamite. Some use a coal or wood stove. Some use live steam; 
some use double vessels, and those in some eases put over a fire. 
There is some difficulty in recommending the same system to 
large and to small users of dynamite. I consider the water heater 
system the safest means for thawing large quantities. 

A considerable number of small operators were negligent in 
having their boilers inspected and also in sending to the Depart- 
ment a copy of the inspection reports. Some, because their boilers 
were in bad condition, and they had no desire to make it knovm. 
Kegarding blasting and blasters, I found much irregularity, 
especially among the smaller operators. Time was taken to ob- 
serve their methods of blasting and to correct some old blasters 
who still think that, having escaped with their lives for many 
years, it is safe to tamp charges of dynamite with a crowbar, iron 
bolt and hammer, or a steam pipe with wooden plug in the end 
of it and a few nails driven in that to keep it from wearing. It 
19 hard to convince them, and, as pointed out to the employer, it 
ia often best to appoint a blaster in place of such. It is almost 
impossible to change the habits of an old blaster. I believe every 
operator should post at his mine or quarry the names of the 
"specially designated blasters" in his employ, and that these 
persons be first approved of by the mine inspector as compet^it. 
The publication and free circulation of handbooks of instructions 
relative to, storage and handling of explosives and exploders and 



byCoOglc 



BefOBT of the CoMMISaiOXEB OP L&BOB, 1911. 143 

blasting, will, I have no doubt, help to educate the men and pre- 
vent manj accidents- 
Regarding the reporting of accidents, I found a great tendency 
among the smaller operators to report only serious accidents. 

Many operators of mines are improving their traveling ways 
to mines, particularly those with inclined shafts, by replacing 
ladders with stairs and handrails and, where practical, running 
the pathway through disused chambers. 

There are some dangerous conditions in mines arising from 
possibility of skips or cars running away on inclines and killing 
jnen employed on mine floor. These conditions are being rectified 
by automatic stop blocks and by advancing shafts below working 
floors, thereby forming a pocket for possible runaway skips. 

I found no boys under sixteen years of age working in mines. 

Conaiderable progress has been made in providing sanitary 
closets and washrooms for the men. Some operators are very 
doubtful whether washrooms would be appreciated. Why not 
educate the men? At the mine of the Hudson Iron Company, 
Tort Montgomery, the miners can be seen every evening rushing 
for the waabroom. At this mine, lockers are provided for the 
men. The building is steam heated and equipped with sinks and 
hot and cold water. In an adjoining room is a shower bath. 

Machinery in factories in connection with mines and quarries 
was not well guarded, with tendency to put up frail guards and 
handrails, flimsy wooden brackets instead of firm iron bands or 
suusiantial box covers for gears, 

I received every facility for inspecting all mines, quarries and 
factories from operators and their agents, and my recommenda- 
tions were generally complied with immediately. 
HeapectfuUy submitted, 

(Signed) William W. Jones, 

Mine Inspector, 



^dbyGoogle 



APPENDIX III. 

GENEHAL REPORT OF BUREAU OF MEDIATION AND 
ARBITRATION. 

Hon. John Williams, 

Commissioner of Lahor, Albany, N. Y. 

SiE : I have the honor to present the following report of the 
work of the bureau of mediation and arbitration for the fiscal 
year ending September 30, 1911. 

Under the supervision and direction of the Commi^loner of 
Labor this bureau exercises the powers of the people of the State 
of New York, as defined by statute, which relate to industrial 
disputes. 

The chief power of the bureau is seldom exercised but is avail- 
able at any time when, in a threatened or existing strike or lockout, 
the Commissioner of Labor deems it advisable that the board of 
mediation and arbitration be convened. The board when so con- 
vened bag large powers of inquiry and should be able to direct 
public sentiment on which the success or failure of strikes so 
largely dependa. It is evident that the Legislature did not intend 
this formal inquiry to be made except in extraordintiry cases whete 
the public interests are seriously affected. 

The bureau has a growing influence in the settlement of disputes 
by mediation. This work is of great importance and certain com- 
parative statistics are herewith presented to illustrate the activity 
of the bureau, so far as such work can be shown in statistical 
form. It should be borne in mind that the results of such work 
cannot be fully stated by the number of " settlements effected," 
because in such number can be included only those cases in which 
the bureau's efforts were clearly the immediate means of settle- 
ment This necessarily means that all those cases iu which the 
bureau's efforts may have contributed to the final settlement in 
any degree inside the limit of being a primary means of settle- 
ment, must be excluded. Further, the educational effect which 
may attach to any effort for settlement of disputes is, of course, 
wholly beyond any statistical measurement. 

[»"] . . 

Digitized byCoDglc 



REpasT OF THE Commissioner of Labob, 1911. 145 

Partly because statistics do not fully measure the value of the 
work of the bureau, but chiefly because of the indixstrial import- 
ance of the disputes themselves, and to illustrate the methods of 
intervention, the bureau's efforts for settlement in several of the 
chief disputes of the year are recounted in full in the pages 
following the statistical summaries. 





IF Dl 


-«^», 


1909. 
S2,S9e 

'. n.oaiioM 


1910. 

10^319 
»B, 783. 391 


191 1. 










E»pl.„l.,.l.^ iMt„,,V 






10,020 
t3,217,830 














• TothaeadatnLldiiputs-. 
tTo September 80. 1011. 







The average labor dispute this year has not involved nearly so 
many men as last year, when 250 disputes involved a total of 
about 207,000 men, while this year 215 disputes involved about 
94,000 men. There was a small diminution in number of disputes, 
but a lai^ decrease in the number of men involved. The aggre- 
gate number of days lost was little over on*-third as much as 
during the preceding year. The total number of working days 
lost was greater, however, than in any year except last year since 
1905. 



Shorter houn 

Longer liours 

Tituls uoionisin .... 
Paj-ticulAr perBoiiB. . 
Wprking arrangemen 
Psyment of wives. . . 
Sympsthetk 



Nmnterof 


OiBputes, 


day. 

1811. 
677,562 


1910. 
134 


1911, 
88 

12 


18 


18 
8 


17)701 
203,019 

24,102 



To study ^e principal cause or object of disputes we need to 
consider not only the number of disputes or strikes caused by a 



byCoOglc 



146 New Yoek State Dfip-utTMENT of Labob. 

given grievance, but the a^regate time lost in those disputes. 
Judging by both these standards the principal causes of industrial 
uurefit during the year were the issues of " shorter hours," " in- 
creased wages," " trade unionism " and " working arrangements." 
It is interesting to note that these same issuea were the prevail- 
ing causes of strikes last year. 





Number ot 


di-p 


».. 


Ituinbtr 
of 

workb. 




1»10. 


27 
S 

10 

la 

21 

1 


1911. 














4. Leather Bad nibber goods 


12 


218,34 


B. P»per and pulp 


S 
















10. Food, liquoca, tobactfo 


15 


41,30 


12. Baildmi indiutry 




227,8« 


















2 



The same trades were in general affected by strikes and in about 
the same proportion as in 1910. The most numerous disputes 
were as usual in the building, metal, clothing, transportation and 
leather industries. The principal disputes affecting these trades 
were in New York City, and included building trades disputes, 
involving sheet metal workers, structural iron workers and marble 
vrorkers, express drivers' and chauffeurs' strikes, a general move- 
ment by machinists for a shorter working day, by boilermakers for 
increase in wages and by boilermakers of the New York Central 
railroad against piece work, by shoe workers and trunk makers, 
."lid disturbances in the clothing trades. These disputes not only 
involved a large number of men, but lasted for several weeks, and 
in some cases for several months, which accounts for the large 
Hggregate of working days lost in these industries. 



^dbyGoogle 



Repoet op the Commissioiter of Labob, I&ll. 147 



Rmitltii or Dufcma. 

Number of DiapuM 

ISIO. leil. 

Strikes BUMMtfu] 80 81 

Btrikn partly eucoouful 67 4S 

Strikes lost 103 102 

BtrikM pending 4 

The number of strikes won or compromised to some advantage 
to the workmen is slightly greater than the mimher of strikea lost^ 
This does not show the whole truth, however, in regard to the 
alleged efficacy of the strike as a means of promoting the welfare 
of workmen. A subsequent table shows that many of the disputes 
involving the largest number of workmen were won or compro- 
mised, while most of the strikes lost were those engaging a 
relatively small number of workmen. Many strikes both lai^ 
and small which were untimely or ill advised were lost because 
of such weakness. This goes to show that the more consideration 
given to avoiding strikes the more likely those finally undertaken 
are to be succeaaful. On the other hand we must not overlook the 
economic waste of strikes caused by loss of wages to workmen, 
loss of production to the community and weakening of resources 
of employers, so that in many cases the latter are forced to curtail 
their business. Where strikes occur without exhausting every 
effort to prevent them, or for insufficient cause, the evils they 
bring are to be blamed upon the workmen or employers who are 
responsible for the hasty action or the ill-advised decision. 

Methodb or Settlkment of Strikm Wos ob Comprouised. 

Number of Disputes. 



Mediation by State Bureau. . . 
Medialjoo by olbor agencleii. 



As in the preceding table these figures do not show all the facts 
in the case. Many strikes or lockouts occur and are settled almost 
immediately before mediation of any sort can be offered. Many 
small strikes do not reach the attention of the bureau until after 
a settlement has been effected, even after a considerable period 



byCoOglc 



148 New York State Depabtmeht of Labob. 

of time. In other cases the mediators of the bureau are all en- 
gaged in disputes of importance and small strikes are necessarily 
neglected. It will be seen by a later table that the bureau has 
been active in mediation of all the important disputes and that 
in reference to number of men involved and aggregate number 
of working days loet the proportion of disturbances in which the 
bureau has taken an active part is much larger than is shown 
simply by the number of successful efforts at mediation. Local 
efforts at mediation by individuals and private organizations show 
a very small measure of success as compared with the work of 
the state bureau of mediation and arbitration, whose experience 
and authority naturally give it the lead in this work. 

Trade or industrial agreements are recognized by most author- 
ities as the best preliminary safeguard against labor disturbances. 
The growth of the trade union movement and the improvement in 
methods of management of the unions themselves are responsible 
largely for the increase in number of working agreements entered 
into between employer and the employed. That trade agree- 
ments are frequently broken is unfortimately true. They are fre- 
quently disregarded both by workmen and employers. This must 
create some distmst of such agreements, and many men say that 
they are without value on this account. The experience of this 
bureau is that trade agreements in general are well obseiTed, 
especially in the trades best organized. That is to say, both em- 
ployers and workmen in the trades where the union organization 
is oldest and firmest show little if any inclination to disregard 
fheir pledges. As time goes on and the strength of trade organiza- 
tions is improved among employers and employees, the trade agree- 
ment will bear fruit in lessened disturbances. Experience in un- 
wise, ill-considered strikes will tend to promote more careful con- 
sideration by employers and more conservative leadership by tho 
trade union officers to avoid disastrous and unnecessary disputes. 
The bureau endeavors to collect and publish in its final report the 
trade agreements intered into during the year. The growth of a 
sentiment for arbitration of disputes is shown in the fact that 
most recent agreements contain clauses providing for arbitration. 

The following comparison of interventions and list of disputes 



byCoOglc 



RePOKT of TlIE COMMISSIONEE OF LaBOB, 1911. 149 

in which iDterventiona occurred are given to show the special 
activity of the bureau. A few disputes are settled by direct media- 
tion of the bureau, without any formal conferences being arranged 
and without direct iuterveution in attempting to bring the parties 
t(^ther. Quite frequently a strike is so apparently hopeless of 
settlement by compromise or by continued efforts that the officers 
of the bureau feel obliged to advise the party in error to close 
the controversy, without the formality of a conference. Where 
this advice is accepted as quite frequently happens, the bureau's 
intervention is as successful from the public standpoint as in 
eases of compromise or foiroal settlement. 

C0VFAHI8ON or INTEBVEHTIO.VS, ISlO-ieil. 

leio. 1011. 

Number of dispates id which iuterventioa ocouned 03 SO 

Total Dumber of inlerventkinB, including Hcood and third efTorts lOS &S 

KambeTof requeate received loi fint interveadan 15 SI 

Numbec of requsstg for seoond or thiid iDten-ention 9 3 

Number of diepuUg in which iaterveDtJon wu buccssbCuI 22 21 

Nmnbar of di^utea in whlflh intervention vu unvucoessfut 70 5Q 

Number of inteivenljona before strikes 10 B 

Wluile number □( CDnfereDCee arrnuged 35 31 

Number of diiputea ftettled by mediation with partiflfl oeparatdy <f 4 

Diqiute {not a BtriiEe) settled by arbitration - .,,,.-. 1 

Diepate settled by iufomml investigHtinn 1 

Appended to this report is a tabular summary of all rfie year's 
interventions. 

The year has shown a rather unusual proportion of strikefl on 
public service and qtiasi public service corporations, though the 
disputes involving railroads have been relaliively inconsiderable 
from the standpoint of interruption of traffic The great express 
efrike, the ohaufEeurs' strike, the New York Central signalmen's 
strike, the New York Central boilermakers' strike, the Brooklyn 
trolley strike and small disturbances in the New York City de- 
parbnent of docks and ferries, as well as threatened trouble among 
the longshoremen and strikes of employees in the coastwise steam- 
ship traffic and of maintenance-of-way employees of the D,, L. & 
W. railroad, have all shown the importance of considering govem- 
meotal relations to disputes affecting corporations engaged in 
the public service. The bureau of mediation and arbitration has 
exercised considerable influence in preventing the spread of strikes 



byGOl.)g[c 



150 Nbw Yoek Statb Dsfabimbkt of Luob. 

and in bringing about a speedy adjufitment of those strikes which 
affected the public. It has not been necesaary during the year 
for the CommisBiouer of Labor to exercise his present poTrers of 
investigation through the starte board of mediation. Laws pro- 
viding for compulsory arbitration or mandatory investigation be- 
fore a strike is l^al, are in effect in Canada, Australia and New 
Zealand. The great body of labor organizations in New York 
are opposed to suc^ legislation on tho ground that our constitu- 
tional guarantees wouZd be infringed if workmen were oMnpelled 
to continue at work against their wishes; and most employers 
of labor also oppose such legislation as an infringement of their 
naitural or cbaxtered rights. The bureau is making a study of 
public opinion on this subject, corresponding with various civic 
and industrial bodies of employers and of employees, and will 
make a report of the result of its investigation. 

We would recommend for legislation at present only an 
amendment to the Labor Law to secure immediate information 
to the bureau from the responsible public <^cerB in the cuty and 
county police service, of any strike or lookout in their jurisdiction. 
Oar present reliance must be placed on news reports and chance 
information or requests from the parties to disputes. Thus a small 
disturbance might easUy be rfflnedied, but by failure of havii^ 
notice of the disturbance the bureau may be unable to act until 
a serious oondition exists involving a vast economic waste. 

The subordinate officers of the bureau of mediation and arbitra- 
tion 'are doing satisfactory work. The salaries of itwo assistant 
mediators should be increased to $2,000, Mediators of the burefin 
are field agents, ftnd are occupied practically all the time in active 
intervention work. The bnreaa needs the services of an efficient 
secretary to insure sjatematio records of strikes and lockouts and 
the meaBuree taken to prevent and settle labor difficulties, and to 
have ohaige oi the <i&ee in the absence of die field <^cers. Hueh 
valuable information and material for study is now lost through 
kck of Buoh service. The published reponts of the bureau in the 
annual reports and quarterly bulletins of the Department repre- 
sent to the pec^le of the state the main soui<ce of information 
regarding indtutrial ^tnrbances in the greatest industrial com- 



byGOl.)g[c 



Hepokt op the Commissioneb of Labor, 1911. 151 

monwealth; Our reports should be bro&dened and strengthened, 
as can only be done by an officer having that special duty. 
■ In concluding my first annual report aa chief mediator I desire 
to exprws my thanks and appreciation to the Commissioner of 
Labor -and the officers of the Department of Labor for their assist- 
ance and oo-operation. 

Very respectfully, 
(Signed) William C. RooBas, 
Second Deputy Commissioner of Ijobor. 



byGoogle 



152 New Yobk State Depaetment of Labor. 







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APPENDIX IV. 

GENERAL BEPOET OF BUREAU OF MERCANTILE 

INSPECTION. 

Hon. Jons Williams, 

Commissioner of Labor, Albany, N. Y. 
Sib: The following tables show with some detail the work 
of the hareau of mercantile inspection for the year ended 
Septanber 80, 1911: 

I. WORK OP DBPDTt MERCANTILE INSPECTOBS. 
leii. 



HoM 

Bowliiic aUcya. 





Totol 


ToUL 


1910; 


4,408 


4,548 


148 


U) 


B 


S 


73 




68 





Hold... 

Bowline I 

PluHOf 

Tot^.. 

Mercuttjlfl^. 
Offloe 



Complaiati ... ^ ......... . 

. CompliuiDeB (aumbei of at 



391 3, BIT 



D.g.tizecbvGoOgle 



Repobt op the 0ommi8sion£B of Laxob, 1911. 169 
2. children found in mercantile establibhmbnts, 

U TO 16 Yuu OF Aai Uhdbb 14 





L.,.lly, 




meci^. 




noployod). 




und., 

16. 
2.«0 




Boy^ 


Giito. 

740 

"iM 
323 

1,106 


Boj™. 

03 
218 

37a 

178 
73 

028 


67 
81 

"m 

236 


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t3 

loa 

126 

" "w 

3S4 


GWe. 













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IBB 
1.H7 




ToW 




~ 


3,838 



3. OftDESS AND C0MFLUNCE8. 

[Witb refereiiM to wotkiD ot Labor L«w J 
I. AdmiDiitntioTi. 

Keep employment lerUGcBtes on file. S 1S7 

Keep register of children employed, 1 197 

II. SaoiMtioii. 

Forty-SvB minulaa f OP noond^ meal, f 191 

Twenty nmiut« fop mppor, i 181 

Provida w»tep cloBBt, ) 168 

SepaPkte water cloeeta. | 1S8 

Designate nter elosete, 1 168 

Clean water cloBets, 1 168 

Ventilate water doKts, {168 

Paint water oloaet, f 188 

Liiht water cloeet, (168 

Remove obscene wrltinc and marldnc. f 168 

Sopean water cloBet, | 168 

Repur water closet, {188 

Make water cloeet aeoesaible, f 168 

Repair plumbina, { 168 

Provide wash-room, | 168 






Light wash-room, [168 

Cncan lunch-room, | 169 

III. Cbildnu. 
Ceaae employing children under 16 over M hours per week or after 7KM> r. u., 

1 181 

IV. Women and Minora. 
Cesae employius fenalee under 31 yean over SO houn per wed otilMr lOHW 

Plo^ nata for famal«, | 170 



byGOl.)g[c 



New Tobk State Depahtmknt of Labos. 



4. SUMMARY OF PROSECUTIONS UNDER THE MERCANTILE LAW. 
Raamm to Siptbhbbr 30, Ifill. 



III. Children: 
EmpEoyioc child under 14, 

f 183 

without Boud of Health oer- 

4ifiwte.SlS3 

Employing child under 16 
before 8 a. u. or after 7 p. h,. 
1 161 

IV. Women and Milton: 
Employiuc femslee under 21 



Number Fend- or ao- Witt- sua- vioted; Total 
olcaaea. inc. quitted, drawn, pended. Si»d. 6i>es. 
(A) FsoczBDiHaB Inbtitdibd Bbtosi Oittobils 1. 1910. 



(B) PttocmnuTO* 
;. Adminiatration: 

Interferinc with depuQr mai^ 

eaotile inapeetor, {{ 43. 172. 

Faatura to produce employment 

certifioate upon demand oC 

deputy mercantile ioqwotor, 



Failure tfl proTide oeata for 

female employeee, ( 170 

Failim to provide aeparata 



p1oyeee,[ieS 2 2 

eh»et,fl68 1 1 

III. 'Children: 

Employing child underU, (162 21S Ifi 

out Board of Health cer- 

tiflaMe,|lS2 1S4 27 

En^loying child under 18 be- 
fore 8 a. «. Or after 7 p. u.. 

il81 138 20 

IV. Womca and Miaon; 



Total fiSO 71 66 1 200 113 *2,4U 

QrandTotal 686 71 TI 1 S20 123 «E,«eO 



^dbyGoogle 



EeFOBT of the OOMMISSIONEK OF LabOR, 1911. 161 



5. COMPLAINTS, 

Not 
iF CoUFLiiHT. Suatained. nisUJued. 



Laqk ot wfllor-fllosets 

No lunch hour 

Obscono writing and marking in waWwiloMtfl 

General sanitary conditiona 

III. Children, 

Employ meat of children under 14 

Children 14 la IS workini without certificala 

Children 14 to Ifi wof kioK befuK 8:00 a. m 

Children 14 to 16 working after 7 HK) p. k 

Children 14 W 16 working over 54 hours por week . 
IV. Women and Minors. 

10:00 F.H 

Women under 21 years workini after 10:00 p. u . . 

Lack ot Mats tor temales 



WORK OF DEPUTY MEHOANTILB INSPECTORS. 

Thrte years have elapsed since the Departanent of Lalwr has 
been charged with the enforcement of the provisions of Article XI 
of the Labor Law in cities of the first class, namely, New York, 
Buffalo and Rochester. There have been 31,487 inspections and 
observations made, aa follows: 

luspBctioiu. ObservBtkiiiB. Total 

New York CiQ' 14,074 10,57B 24,(150 

Buffak. 2,688 1,817 4,503 

Rochesler 1.093 1.241 2,331 



While we have succeeded in covering all sections of the three 
cities, we have not inspected all places under the jurisdiction of 
the bureau. We have not been able to perform our work as syste- 
matieally as we would wish, eight inspectors being too small a 
force to cope successfully with the existing conditions. The dis- 
trict assigned to the deputy mercantile inspector is too large to be 
properly or satisfactorily covered. Business offices have received 
very little attention in compflrlson to their number. An estimate 
of what little has been accompliabed in offices can be made by com- 
parii^ the number of inspections and observations made with thoao 

a 



byGoogle 



162 New Yobk State Dkpahtment of Labob. 

made in mercantile and other establiehmente during the last three 
years, which were aa follows : 

Marutmlile, etc 30.573 

Biuinen offlcae SH 

A large percentage of the latter number represents the telc^aph 
offices and those engaged in the distribution or transmission of 
merchandise, articles or messages. This is an average of about 
300 per year, which means that the work as far as offices are con- 
cerned has scarcely been started. 

We have had numerous inquiries from different sources as to 
the number of mercantile establishments and business offices in 
cities of the first class, and the number of their employees. There 
is considerable surprise and disappointment when we state we 
cannot furnish the figures. In three years we have not been able 
to inspect all of the mercantile establishments, to say nothing of 
business offices. We have been compelled to reinspect many es- 
tablishments where they persist in violating tlie law. In the past 
year there were 5,282 inspections and 3,715 observations made; 
2,603 hours consumed in appointments, patrol and miscellaneous, 
and 3,363 hours were spent prosecuting the 550 cases commenced 
during the year. 

The work of a deputy mercantile inspector cannot be judged by 
the number of inspections made. The inspectors are compelled to 
be in their districts before 8 a. m. and after 7 r. m., that they may 
discover violations relative to the employment of children before 
8 A. M. and after 7 p. m. They must also be in the district after 
10 p. M. in order to secure evidence regarding the employment of 
females between 16 and 21 years of age after that hour. 

The amendment regarding places of amusement and bowling 
alleys which went into effect October 1, 1910, has compelled the 
deputies of the bureau to do considerable night work. It is use- 
less inspecting such places at any other time. The number of 
violations of child labor in such places, found during the past 
year, as shown in this report, justifies placing these establish- 
ments under the supervision of the Department of Labor. 



byCoOglc 



Eeport of the Com&ussioneb of Labob, 1911, 163 

complaints. 

During the year 222 complaints were received, as compared with 
149' in 1910, There were 141 which were signed by the person 
making complaint and 81 were anonymous. In each instance 
where the name and address of the complainant were given, they 
were communicated with and informed of the result of our investi- 
gation. There were 122 sustained and 100 not sustained. 

The various subjects of the complaints received are shown in 
Table 5, ante. 

WASH BOOMS AND WATER- CI.O SETS. 

The amendment to section 168, which went into effect October 
I, 1911, and which eliminates the words " where women and 
children are employed," thus making the section apply to all mer- 
cantile establishments, has greatly improved this section and will 
enable the bureau to compel the installation of proper toilet fa- 
cilities in many establishments where formerly we had no power 
to remedy unsanitary conditions. 

This section should be further amended so that provision may 
be made for proper lighting of water-closets whenever necessary, 
This is essential in order to keep closets clean, and the provisions 
of this section should be extended so as to include business offices, 
telegraph offices, restaurants and hotels, as in many such places 
the condition is anything but satisfactory, and in some there are 
no toilet facilities. 

We issued 1,788 orders regarding water-fjosets during the year, 
and 1,881 compliances were secured. The excess number of com- 
pliance over orders, includes some orders issued in the latter part 
of the previous year. There were 82 orders issued for wash 
rooms; 31 compliances were secured. 



SEATS FOR I 

During the year we issued 58 orders to provide seats for fe- 
males, and secured 58 compliances. It was necessary to prosecute 
two employers before seats were provided after order had been 
issued by this bureau. In both instances they pleaded guilty and 
were fined $20 each. Since the organization of the bureau these 



byCoOglc 



164 New Yoek State Depabtuent of Labor. 

are the first instances where it was necessary to resort to proseeu- 
tiou to secure a eompliance with section 170. We received 12 
complaints regarding seats ; 6 were sustained and 6 were not sus- 
tained. This section of the law ig generally complied with, but 
tliere. is considerable difficulty regarding employees being per^ 
mitted to use the seats after they are installed. Although seats 
ai'e provided, their use is prohibited in some establishments; but 
this state of affairs is gradually changing and employers are seeing 
fhe wisdom of permitting a female employee to be seated when not 
(Engaged waiting on customers. Where chairs or stools are used 
it is a difficult matter to keep them in the location required in 
order to comply with the law. If the section was amended giv- 
ing power to the bureau to order a proper adjustable seat, per- 
manently secured at a definite location, it would be much more 
satisfactory to the employer and avoid much annoyance to them 
and this bureau. 'Some employers provide boxes and claim that 
ihey are a compliance with the law, as this section reads " chairs, 
stools or other suitable seats." Then the question confronts u^i 
as to what is meant by the words " or other suitable seats." 

VENTILATION. 

Section l7l provides that " women and children shall not be 
employed, or permitted to work in the basemeait of a mercantile 
establishment " unless permission is granted by the Commissioner 
of Labor. Such permission must be granted if the basement is 
tuffieiently lighted and ventilated and in good sanitary condition. 
It is questionable whether some of the basements are properly 
ventilated, or that a proper standard of ventilation is maintained 
at all times. During the year we have made some air tests on 
floors other than basements, in mercantile establishments. These 
test? were made in order to compare these floors with the base- 
meat, which is the only part of the building in which we have 
any authority to require ventilation. We found in basements 
whcrff there are proper mechanical means of ventilation, that the 
air was better than on the other floors of the building. When we 
consider the large number of employees in many of the mercantile 



byCoOglc 



Kepobt op the Commissioheb of Labok, 1911. 165 

establislinieiits, it seems that all parts of such establishments should 
iio pi-operly ventilated, in order to protect the health of the 
employees, 

The present law authorizes the Commissioner to refuse permis- 
sion for the use of hasements when the same are not suiEciently 
lighted and ventilated and in good sanitary condition. In all cases 
where we have refused permission to use the basement because of 
insufBcient ventilation, it was after we had made air tests and 
found the air conditions below the standard set by recognized 
authority. In view of the fact that the law does not set a standard, 
it becomes a question of dispute between the proprietor and this 
bureau. Were we to prohibit the use of basements it would be 
considered unjust and arbitrary, and it is questionable whether the 
courts would sustain the bureau in its judgement as to what is a 
proper air standard in basements. 

I would recommend that this section be amended so as to provide 
a definite standard of air conditions, and giving power to the 
Commissioner of Labor to order proper means of ventilating such 
establishments when necessary after proper air tests had deter- 
mined that such premises were below the standard set by law and 
injurious to 1)he persons employed. If such an amendment were 
made it would be well to eliminate the provision of making the 
use of basements where women and children are employed contin- 
gent on permission from the Commissioner of I,abor to use said 
basement. 

CHILD LABOK. 

The illegal employment of children in mercantile establishments, 
business offices, places of amusement and bowling alleys is a 
problem that requires the constant attention of the inspectors of 
this bureau. 

During the past year there were found legally employed 2,253 
children under sixteen years of age; illegally employed 421 under 
fourteen years, and 1,154 between 14 and 16 years without 
employment certificates, making a total of 1,575 illegally 
employed, or il.l per cent of the total 3,32i8 children found 
employed. This is a very large percentage but it shows a decrease 



D.g.tizecbvGoOglc 



;166 New Yohk Statu Depabtmknt of Labob. 

from each of the previous years, as will be seen from the following 
table: 

1909. 1910. 1911. ToUl. 

Inspectiom made 7,235 6,238 8,282 17,753 

ChildrflD employed: 

Legally 2,949 2,461 2,253 7,983 

Illegally (14 to Ifl yean vitliout oertificBle) 2,385 1,860 1,1M 5.179 

lilegally (under 14 years) 750 711 421 I.88« 

Total 8,070 4.S33 3,828 14.730 

PeremtBga illegally eroployeii: 

14 to 16 years without oertiflsBles 38*9 34.3 30.2 

UnderUyears 12.5 14,7 10.9 



These figures are interesting if we study them carefully. We 
find that the number of inspections for the year 1909—1910 were 
2T.6 per cent leas than 1908-1909, while the number of all 
children found employed for the same year was 20.3 per cent less 
and the percentage of children illegally employed practically 
remained the same, falling from 51.4 to 49.0 per cent. Comparing 
the inspections made in the years 1909-1910 and 1910-1911, 
they remained about the same, being 27.6 per cent less for 1909- 
1910, and 26.9 for 1910-1911, than in 1908-1909; while the 
number of all children employed dropped 20.3 in 1909-1910, and 
36.9 in 1910-1911, from the number found employed in 1908- 
1909. During the same period the percentage of children ill^ally 
employed dropped from 51.4 per cent in the year 1908-1909, to 
49.0 per cent in 1909-1910, and to 41.1 per cent in 1910-1911, 
showing a falling off of 10.3 per cent between the year 1908-1909 
and 1910-1911, although the amendment to the law regarding 
places of amusement and bowling alleys which went into effect 
October 1, 1910, increased the jurisdiction of the bureau as to the 
employment of children to the extent that during the past year 
the number of children found employed in places of amusement 
and bowling alleys amounted to 11.6 per cent of all the children 
found illegally employed. The improvement regarding the illegal 
employment of child labor in mercantile and other establishments, 
mentioned in section 161, has been considerable. To what extent 
it has improved would be hard to estimate, as we cannot completely 
cover the district in one year. While the figures of the bureau 
show an average for the three years of 47.1 per cent of children 
illegally employed, it is safe to assume, from the experience of 



D,g,t,zecbvG0t)g[c 



Kepoht of the Commissioneb of Labob, 1911. 167 

this bureau, that the percentage would be well over 41.1 per cent, 
as shown for the past year, if we had a sufficient number of inspec- 
tors to cover the territory and inspect all places. It is questionable 
if this large percentage of ill^al child labor can be decreased until 
the bureau is provided with an adequate force of inspectors. 

IIOUHS OF LABOR. 

There were issued during the year 298 orders to cease employ- 
ing children before 8 a. m. or after 7 p. m,, more than nine hours 
a day or 54 hours per week, and 309 compliances were secured. 
There were 394 orders issued to cease employing females from 16 
to 21 years, more than ten hours per day or sixty hours per week, 
or after 10 p. m., and 416 compliances were secured. There has 
been an increase in the number of orders issued during this year 
over each of the previous years, regarding hours of lahor both for 
children, 14 to 16 years, and females, 16 to 21 years, and while 
■we have about the same ratio of compliances it must be borne in 
mind that the compliances are reported by the inspector after 
his second visit and he has questioned the employees regarding the 
hours of labor. In many instances they claim there has been a 
change in the hours when there has been no change. They do this 
in fear of losing their positions. During the year we have not 
secured evidence in any violation for more than ten hours per day. 
or more than sixty hours per week. In such cases we must rely on 
the testimony of the employee unless the inspector can prove that 
hs has watched the employee for more than ten hours of any day, 
or sixty hours of any week. The reason why the employees do not 
furnish evidence regarding such violations is obvious. If they 
are working after 10 p. ra. it is easy for the inspector to prove the 
violation. During the year there have been 28 such eases prose- 
cuted, but even in cases of this kind the defendants resort to all 
kinds of defences, frequently claiming that the girl was through 
work and would not go home. Even in such cases an inspector 
must prove that the girl was actually engaged in selling merchan- 
dise after 10 p. ra. In cases where children are employed before 
8 a. m. and after 7 p. m., similar defences were resorted to, such 
as claiming that the boy was waiting for his mother or an older 
brother, or that he was through work at 7 p. m. but would not go 
home. For violation of employing children before 8 a. m, or after 
7 p. m, we prosecuted 138 cases. In view of the excessive hours 



byCoOglc 



168 New Yoek State Depaktmekt of Laboh, 

worked bj females in many mercantile establishments, and the 
difficulty that confronts ua to compel a compliance with this section 
o£ the law, I would renew the recommendation made in the report 
of 1910 as to amending section 161, so as to shorten the period in 
which females 16 to 21 years of age are permitted to perform ten 
hours' work on all days other than Saturday; that no female be 
employed nor 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 work- 
ing day of the week, and the time such work begins and ends 
tiach day. 

PBOSECnTIOHS. ■ 

On October 1, 1910, there were pending in Court 36 cases, all 
of which have been disposed of during the year ; 5 were dismissed 
or acquitted in Special Sessions, 16 pleaded guilty and sentence 
was suspended, S were convicted and sentence suspended, 8 
plended guilty and were fined, 2 were convicted and fined. The 
total amount of fines was $205. During the year 1911 there were 
presented to the courts 550 cases for prosecution; in New York 
City, 414 ; Buffalo, 128 ; Rochester, 8. 479 of these were dis- 
posed of during the year, leaving 71 pending October 1, 1911. 
The violations and results of such prosecutions are shown in 
Table 4 above; 48 were dismissed by magistrates; 18 acquitted 
in Special Sessions; 1 withdrawn (defendant died) ; 233 pleaded 
guilty and sentence was suspended; 76 pleaded guilty and w^e 
fined ; 66 were convicted and sentence was suspended ; 
37 were convicted and fined ; amount of fines imposed 
$2,455, making a total of $2,660 in fines imposed during the year. 
While there were more eases disposed of this year than last, there 
was $705 less in fines imposed. In 453 of the 515 cases disposed 
of during the year, the evidence was conclusive, that is, the defen- 
dants either pleaded guilty or were tried and convicted; yet in 
only 133 cases were fines imposed. Of the cases begun during the 
year, 11 were alleged as second offenses; 6 under fourteen years; 
4 without employment certificates and 1 employing female 
between 16 and 21 years after 10 p. m., and one was alleged as 
third offense of employing child under fourteen years. These 
figures show that enforcement of the law has not received the 
support from the courts that it should, and it is questionable if a 



byCoOglc 



Report of tite Commissioned of Labor, 1911. 169 

proper compliance with the provisions of the law can be established 
until the courts do their part. 

In connection with bowling alleys and places of amusement it 
would be well to state that before we began to prosecute for the 
illegal employment of children in these places, we communicated' 
with the manager of each theater in cities of the first class, and 
the several liquor dealers' associations in each of the said cities, 
advising the latter to inform all their members of the requirements 
of the law and stating that if violations of the law were found on 
and after a certain date, the persons employing such children 
would be prosecuted. Notwithstanding these measvires; taken to 
acquaint the proprietors of these establishments with the provi- 
sions of the law, there were found 184 children illegally employed, 
in the 357 places of amusement and bowling alleys inspected, as 
follows : 



Undeb 14 Yitns. 


H-ie Tears. 




Boys. Girt.. 


Boys. Girifc 
53 S 


ToUj. 
1 72 



During the year there were presented to the court 59 eases for 
violation as to the employment of children under 14 years and 
after 7 p. m., in bowling alleys. In Buffalo: 21 violations, the 
result being that 15 were convicted, 5 pleaded guilty, none of 
which were fined ; and in one case the defendant was discharged. 
Bochester: 6 violations, one fined and 4 dismissed, althoi^h the 
evidence was sufficient to convict the defendants in each case. 
New York City: 33 violations, 5 dismissed by a police magi- 
strate, 4 acquitted in Special Sessions, 9 pleaded guilty or were 
eonvieted and fined, 10 pleaded guilty and sentence was 
suspended, and 5 are pending. 

Another instance of the poor support given the law by the courts 
is shown in the condition of the public markets in the City of 
Buffalo. In two of these markets we found, during the past year, 
84 children illegally employed, 40 under 14 years and 44 with- 
out employment certificates, and a large number with employment 
certificates working after 7 p. m. In these two markets we brought 
45 prosecutions against employers, and although all either pleaded 
guilty or were convicted, fines were imposed in only fourteen 



D.g.tizecbvGoOglc 



170 New Tohk State Depahtmewt of Laboh. 

cases, amounting to $2S0, the result being that the conditions 
have not improved very much because the people doing business 
in the markets do not regard prosecution for violation of the law 
seriously, for when taken to court they are usually permitted to 
leave without a penalty being imposed. Returning to their place 
of business they are ready to take another chance at violating the 
law. This is very discouraging to the inspector wbo is endeavor- 
ing to enforce the law, especially when this bureau is compelled 
not only to secure evidence of age of the child, but are compelled 
to prove just what labor the child was performing, in order to 
establish a violation. There were 3,363 hours consumed in prose- 
cuting the 550 cases presented to the courts during the year, or an 
average of 6.11 hours per case. 



In the report of the last year attention was called to the inade- 
quate means of escape in case of fire, in many mercantile estab- 
lishments. That report was written previous to the disastrous fire 
in tlie Asch Building in New York City, where 146 persons lost 
their lives. This terrible catastrophe focused public opinion 
on the present existing conditions, resulting in the passage of the 
law creating the Fire Prevention Bureau in New York City. 
This bureau will have juiisdictionin all buildings other than 
tenement houses. This gives some hope that in New York City, at 
least, the existing conditions relative to mercantile establishments 
may be remedied in the near future, while no provisions are made 
for the other cities of the state. In mercantile establishments the 
employees and patrons within the building equal or outnumber the 
employees in many of the largest of our factories. In tiese mer- 
cantile establishments the peril from fire or panic is ever present, 
with possibility in case of fire in such places, that the loea of life 
in the recent factory fires would be small, in comparison to the 
number that might be lost or injured by fire or panic in some 
mercantile establishments. 

Bespectfully submitted, 

(Signed) James L. Gekkon, 

Mercantile Inspector. 



D.g.tizecbvGoOgle 



APPENDIX V. 

INDEX or BILLS AND LAWS RELATING TO LABOR 
IN THE LEGISLATIVE SESSION OF 1911. 

Prepared by the Bureau of Labor StatiatiCB. 

lExplanallon. — Onl; tbe priacfpal purpose aod Baal stase o( each bill are In- 
dicated; Identical bills la Seoate and Assembly are recordea as one; bills enactsil 
Into taw are described In Italic type-. Dumbeta In paceDtbeses ace "Printed," tbe 
others " Introductory." numbers. AbbFevlatlons nsea are: 8. or Sen. (or Senate, A. 
nr Abb. for Aaspniblv. Hnd rom. for Committee. 

a enacted Id 1611 see tbe Department 

ADMINISTRATION OF LABOR LAWS. 

To provide for district supervi&ing factory inspeotort, and to increase the 
number of factory inapectore. Senator Bayne, 8. 1027 (1I«6) and Mr. G. W. 
PMliipt, A. 1411 (1687, 8. 2052, A. 2590). Approved July 21, aa Chapter 
728. 

To inorease penalties for violation of the labor law, and to limit tuspen- 
aion of eentenees for violations to one uieek. Senator Bayne, 8. 1029 (1188, 
1623, A. 2S84) and Mr. C. W. Phillips, A. 1408 (16S4). Approved July 24, 
at Chapter T49. 

To provide special assistant district attorneya in counties of 100,000 in- 
habitants to prosecute violationa of the lalwr law. Mr. Neupert, A. 324 
(325). Labor and Industries Com. 

To render penalties for violation of tbe labor law applicable to commis- 
sions appointed l^ law. Senator McManus, 8. 67S (744) and Mr. Haines, 
A. 783 (844). Vetoed by the Governor. 

To include "clerk or operator" in the definition of the term "employee" 
in the labor law. Senator McManus, S. 049 (709, 1408) and Mr. Jackson, 
A. 930 (1034). Paased Sen.; Abb. Labor and Industries Com. 

HEALTH AND SAFETY. 
Factories. 

To create a commission to investigate manufacturing in cities. Senator 
Wagner, 8. 1463 (ISIO). Approved June 30, as Chapter 061. 

To amend the law aa to bakeries. Senator O'Brien, 8. 803 (894, 1615, 
1815, 1998) and Mr. Geatons, A. 1020 (1194, 1837, 2050). Approved July 10, 
as Chapter 637. 

To oreate the affioe of State Fire Marshal for enforcement of laws for safety 
from fire outside of Sev> York City. Senator T. D. Sullivan, S. 270 (277, 
16S0) and Mr. Moey, A. 400 (400, 1456, 2356). Approved June 26, a* 
Chapter 4S1. 

To provide for a fire bureau in Neio York City for enforcement of laws 
relating to safety from fire. Senator T. D. Sullivan, S. lOflB (1261> and 
Mr. Hoey, A. 1565 (1891, 2411, 2457, jS. 1958, jS. 2098). Approved October 
19, ns Chapter 899. 

1171] 



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172 New Yobk State Department of Labor. 

To provide for enforcement of provisions eib to eafetj from Are b; Are 
commiBBionerB in first class cities, and to provide fire drills in factories. 
Senator McManua, S. 1119 (12H3). Cities Com. 

Similar bill by Senator McManus, 8. 1464 (1811, 1803) and Mr. Herrick, 
A. 1585 (1024, 235S, 2479, S. 1989). Not accepted by the Mayor. 

To give tbe Fire Commissioner in New York City exclusive jurisdiction 
as to fire escapes. Mr. Fri^dmaB, A. 1289 (1520). Cities Com. 

To require city authoritiea to inspec-t the means of egress from factories 
and see that they are made safe. Senator i'rawley, S. 929 (1041, 1571). 
Third reading. 

To provide increased protection in case of fire. Senator Bayne, S. 1022 
(1161) and Mr. Jackson, A. 1405 (IttSl, S. 1819). Passed Ass.; Sen. Labor 
and Industries Com. 

To amend law as to fire'escapes. 
and Mr. Jackson, A. i&2a (2407). Passed Sen 

To require Qre drills and fire alarm systenu 
eBtablisbments. Mr. Brooks, A. 318 (319, 14 
ported by Sen. Labor and Industries Oom. 

To provide that all theatres, school houses and factories shall be equipped 
with portable automatic fire extinguishers on each floor. Mr. Spielberg, A. 
412 (417). General Laws Com. 

To require fire-proof construction in new factories, lofts and office build- 
ings three stories in height. Mr. Fry, A. 1335 (1574). Cities Com. 

To probibtt lighted cigars and cigarettes from being carried into or used 
in factories. Mr. Goldbe:?. A. 1575 (1901). Codes Com. 

To amend the law as to guards for machinery. Senator Saxe, S. 1288 
(152il) and Mr. Herrick, A. 1779 (2201). Beported bf Sen. Labor and 
ladnjitriefc Com.; Aea. Labor and Industries Com. 

To authorize th« Commissioner of Labor, with the approval of the Gov- 
ernor, to eatablish rules aa to guarding of machinery in factorieo. Seooitor 
Bayne, S. 1024 (1183) and Mr. C. W. PhillipB, A. 1400 (1685, 2009, S. 2051). 
Vetoed by the Governor, 

To authorize tbe Commissioner of Labor, with the approval of the Governor, 
to establish rules in regard to safety of tools, machinery and appliances on 
state work. Senator Bayne, S. 1028 (1107) and Mr. C. W. Phillips, A, 1410 
(1SS6). Passed Ass.; Sen. Labor and Industries Com. 

To amend law concerning elevator guards, stairs and doors in factories- 
Senator Bayne, S. 1023 (11B2) and Mr. Jackson, A. 1403 (IQT9). Paaaed 
Ass.; Sen. Labor and Industries Com. 

To crea*fl a bureau of public safety within the New York City fire depart- 
ment to have charge of the inspection of steam boilers. Mr. Hoey, A. 676 
(712, 1358). Cities Com. 

To amend tbe law as to rentilation. Senator McManus, S. 898 (1019, 
1614) and Mr. Boylan, A. 1256 (1480). Beported b^ Sen. Labor and Indus- 
tries Com.; Ass. Labor and Industries Com. 

To require increase of cubic air space per employee to 500 cubic feet in 
daytime and 600 cubic feet at night. Senator Sanner, S. 1034 (1173, 1953) 
and Mr. Schifferdecker, A. 1364 (1620). Passed Sen.; Ass. Labor and In- 
dustries Com. 



D.g.tizecbvGoOglc 



Repoet of the Ooumissioneb of I-abor, 1911. ITS 

To make proper lighting of factories mandator}', instesid of dincretionary 
with the Commiaaiinier of Labor. Mr. Kopp, A. 8S3 (992). Labor and 
Induatties Com. 

To provide that all laundries employing 'five or more persona ahail be 
deemed factories. Senator Bayne, S. 10^ (1164, 205S) and Mr. Jackson, 
A. 1404 ( 1«80) , Vetoed by the Governor. 

To create a commission to inquire into the conditions of tenement manu- 
facturing. Senator Burd, 8. 1309 (1557) and Mr. Cbanler, A. 954 {105A, 
1862, S. 2267). Passed Aaa.; Sen. Finance Com. 

Mines akd Qu aeries. 
To amend tbe Labor Law, in relation to mines, quarries, tunnels and 
caissons. Senator Griffin, S. 891 (1008, 2255). Com. of the Whole. 

BiiMjaNa Woke. 

To provide for tafety r<Ule and openings for tcaffolds. Senator Bayne, 8. 
1026 (1165) OMd Mr. Jackson, A. 1406 (1682, 2235). Approved July 18, 
at Chapter ms. 

To provide for safety of employees in caisson and tunnel work. Mr. C. W. 
Plullips, A, 1821 (2254). Labor and Industries Com. 

Railways, 

To give the Qovemor pomer to revoke at pleastii 
duotOTS and hralcemen as policemen, Mr. Patrie, , 
proved July 2fl, as Chapter BIT, 

To provide full crews for steam railroad trains. Senator Qittins, S. 152 
(153) and Mr. Jackson, A. 228 (230). Passed Ass.; Sen. Railroads Com. 

Similar bill by Mr. Jacksnn, A. 23 (23). Railroads Com. 

To provide full crew of five men tor steam railroad engines in yard and 
terminal service. Mr. Jackson, A. 1176 (1386). Railroada Com. 

To require engine crews of two men on electric trajns. Mr. Kennedy, A. 
1861 (1607). Electricity, Gas and Water Com. 

To require street railways to equip their cars with emergency brake*. Mr. 
Ebbetta, A. 1328 (1567). Railroads Com. 

To provide that caboose cars sball be 24 feet long and equipped with two 
four-wheel trucks. Mr. Gearn, A. 209 (210). Railroads Com. 

Similar bill by Senator Ramsperger, S. 285 (292) and Mr. C. W. Phillips, 
A. .■»!] (369). Vetoed by tbe Governor. 

To prohibit signalmen, telegraph or telephone operators under 21 years 
of age from serving in a signal tower or public railroad station. Senator 
Roosevelt, 8. 1106 (1270) and Mr. Evans, A. 31 (31, 2091). Vetoed by the 
Governor. 

Public Utilities. 

To authorize tbe Public Service Oommiseion to investigate the eaosee of all 

accidents occurring in connection with gas, electric, telephone and telegraph 

corporations. Senator Bayne, S. 1031 (IITO) and Mr. Jackson, A.- 140T 

(1083). Passed Sen.; Asa. Railroads Com. 



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174 New York State Kepabtment of Labob. 

MlSHRIXANFOnS. 

To provide for report* by phj/iidana to Baretm of Labor Statiitici of eer- 
t(HM induatriai iiteaaea. Mr. Foley, A. 144 (l^&i Hll). Approved June 8, 
OS Chapter 25R. 

To irmorporale the American Museum of Safety. Senator Wmnwright, 8. 
033 (715). Approved May 19, as Chapter 152, 

To provide for licencing of handlers or users of explosives by the Com- 
missiooer of Labor. Senator UcMonus, 8. 679 (745). Labor and Industries 
Own. _ 

WOMAN AND CHILD LABOR. 

To amend the Ioao relating to employment of children in mercantile estab- 
Uihmentt. Senator McManua, S. S22 (1030, 20fl7) and Mr. Boylan, A. 133« 
(1576, 2380, 2506, 2544). Approved July 29, aa Chapter S66. 

To prohibit males under i& years of age and ail females from working 
more than nine hours in one da}* or fifty-four hours in one week in any 
factory. Mr. Jackson, A. 260, (262, 833). Passed Aes.; Bm. Com. of the 
Whole. 

To prohibit the employment of children under 14 years of age in tene- 
ment manufacturing. Senator McClelland, 6. 446 (476). Labor and Indns- 
tries Com. 

To prohibit any person or firm from directing any girl under 18 years of 
age to apply for work to any employer until his character has been 
thoroughly investigated. Senator Black, S. 541 (547) and Mr. Gerken, A. 
747 (819). Sen. Com. of the Whole; Ass. LiUbor and Industries Com. 

To permit males between 14 and 16 years of age to carry newspapers 
Detween 4:30 and 7 a. u. Senator Loomis, S. 1076 (1235) and Mr. Neupert, 
A. 1490 (1776). Sen. Labor and Industries Com.; Aas. Labor and Industries 
Com. 

HOUES OF WOEK. 

HOCBS. 

To eartend limitation on vwking hours of drug olerkt from first elast 
cities to entire elate. Senator Ferrie S. 4«7 (520, 1671, 1762) and Mr. Allen, 
A. 679 (741). Approved July 10, as Chapter 630. 

To extend the «4g^t-hour law to engineers, firemen and any persons em- 
ployed tc mechanical trades in state inatitutions, Mr. C. W. Phillips, A. 
42g (433). Labor and Industries Com. 

To exempt from the eight-hour law asphalt work in cities and villages, 
involving the use of hot asphalt delivered, or in transit, to site of the work 
within the eight-hour period. Senator Cullen, S. 1277 (1510) and Mr, Mo- 
Keon, A. 1779 (2204). Sen. Labor and Industries Com.; Ass. Li^r and 
Industries Com. 

To make notice from disbursing ofSccer who makes payments on a public 
contract necessary to render a contract void tor violation of the eight-hour 
law. Senator FrawJey, S. 1556 (2011). Labor and Industries Com. 

To require notice to be given to the commissioner of labor within 24 hours 
when more than eight hours per day are required on public work in case of 
extra«rdinaTy emergency. Senator McManus, S, 856 (067). LalM>T and In- 
dustriM Com. 



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Kefobt 03 the Couuissioneb of Labob, 1911. 175 

To make the eigbt-hour law apply to workmen - employed and materials 
used regardless of where the work ia done. Mr. Sullivan, A. 486 (637). 
Labor and Industries Com. 

To require compensation of ettXe and local government per diem em- 
ployees for holidays, with double paj when work is done on such holidays 
and extra compensation for work beyond eight hours in any day. Mr. Hoey, 
A. 683 {745, 1263, 142B). Vetoed by the Governor. 

Bimilar bill applying to New York City only. Mr. Hoey, A. 661 {697, 
1359, 15Gd). Passed Asa.; Sen. Cities Com. 

To require compensation of per diem employees of New York City (or boll- 
days. Mr. CuTillier, A. 533 {650). Cities Com. 

HOLIOATS. 

To designate St. Patrick's day as a holiday. Mr. Cuvillier, A. 844 (035). 
Judiciary Com. 

To designate Good Friday as a public holiday. Senator Thomas, S. 1211 
(1413) and Mr. Delano, A. 1760 (2187). Sen. Judicdary Com.; Ass. Judi- 
ciary Com. 

Sunday Wobk. 

To provide tlmt such Sunday labor as is now authorized by law may not. 
extraordinary emergency escepted, be performed except by those who have 
taken 24 consecutive hours of rest in the six days next preceding. Mr. Gea- 
toDS, A. 1137 {1324). Codes Com. 

To prohibit the shining of ahoes after 3 P. m, on Sunday. Mr. Boylan, A. 
829 (020, 1074, S. 1953). Pawed Ass.; Ubled in Sen. 

Similar hill by Mr. Boylan, A. 77 (77). Codes Com. 

To prohibit Sunday delivery of ice beyond seller's premises. Senator 
Black, S. use (1342). Codes Com. 

To legalize Sunday labor by those who observe Saturday as the Sabbath. 
Mr. A. J. Levy, A. 114 (116, 734). Codes Com. 
, Similar bill by Mr. Oliver A, IB (IS)-. Codes Com. 

To authorize the sale of uncooked meats on Sunday forenoon by retailers 
who observe the seventh day as the Sabbath. Mr. Heyman, A. 767 (848). 
Codes Com. 

To provide for an investigation of sumptuary, including Sunday laws. 
Mr. Graubard, A. 333 (924). Ways and Means Com. 

LEGAL BIGHTS. 
EuPLOTERS' LiABiLiCT FOB Accidents. 

Concurrent resolution to amend the state constitution enabling the Legis- 
lature to provide for compensation to injured workmen. Senator Bayne, S. 
1216 (1418, 2022) and Mr. Jackson, A. 1076 (2064). Sen. Judiciary Com.; 
Asa. Judiciary Com. 

Concurrent resolution to amend the state constitution so as to permit the 
Legislature to provide for workmen's compensation and insurance. Mr. 
Jackson, A. 1638 {1995). Passed Ass.; Sen. Judiciary Com. 

Concurren.t resolution to amend the state constitution enabling the Legis- 
lature to proTide by law for compensation to injured workmen. Senator 



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176 Kew Yohk State Depahxmeht op Labob. 

B«M, S. 1019 (1158) *n4 Mr. W. E. Herrick, A. U24 {1700). Fused Sen.; 
Am. Judiciaty Com. 

To abolish negligence ot fellow setTant aa bar to recovery. Mr. McQratfa, 
A. 1263 (MOS). Labor and Industries Com. 

Similar bill by Mr. McGrath, A. 1264 (1497). Labor and Industries Com. 

Similar bill by Mr. McGrath A, 1223 (1444). Judiciary Com. 

To provide that any one whose duty it is to give a signal for the move- 
ment of a train is a vice -principal ot the employer. Mr. Jackson, A. 1184 
(1390). Railroads Com. 

To abolish contributory negligence as a bar to the recovery of damages 
where it is slight in comparison with the negligence of the defendant. Senator 
Biird, S. 3B0 (417) and- Mr. Wende, A. 451 (460). Sen Codes Cora.; Aas. 
Codes Com. 

To provide that in negligence actions the occurrence of the accident shall 
be deemed presumptive evidence of the negligence of the employer. Senator 
Black, S. 1445 (1770), Stricken from Calendar. 

To provide in negligence cases for inspection of tfae machinery, place or 
premises where injuries were Hustained. Senator Sanner, S. "30 (S02) and 
Mr. Fry, A. 902 (1118, 2388). Passed Ass.; Sen. Codes Com. 

To provide that in negligence cases no action can be maintained by an 
attorney, retained on a contingent contract, unless such contract shall have 
been acknowledged before a competent officer. Mr. Fry, A. 994 (1120). 
Judiciary Com. 

To give tlie executor or administrator of a deceased employee a right of 
action for accidental injury to the employee whether the accident was the 
cauBe of death or not. Senator Pollock, S. 1226 (1442) and Mr. Warren, A. 
1665 (2046). Sen. Com. of the Whole; Abb. Labor and Industries Com. 

Wages. 

To amend the garnishee law so as to permtl more than one execution 
againit icaget, earnings or salary hut requiring that they afmll be satisfied 
in order of priority in iohich they are presented. Senator Pollock, S. 547 
(583, 1832) and Mr. Goldberg, A. 576 (508). Approved June 28, as Chapter 
489. .... 

Similar bill by Senator Travis S. 737 (SOB) and Mr. Ahem, A. 945 (1040). 
Sen. Codes Com.; Ass. Codes Com. 

To provide that icagea or salaries shall not he levied upon for payment of 
judgments recovered more than ten years prior to September 1, 1008. Senator 
Ramsperger, B. 476 (510) and Mr. Hearri, A. 588 (616, B. 1010). Approved 
Jvne 20, as Chapter 632. 

To require all persons engaged in lending money upon assignment of wages 
and salaries to register unth the county clerk and to prohibit a charge of 
more than 18 per cent interest a yeor. Mr, Brooks, A. lOtlO (1227. 1S.>7, S. 
2015). Approved July 8, as Chapter 62B. 

To require all persons engaged in lending money upon assignment of 
wages or salaries to be licensed by the superintendent of banks who shall 
determine the rate of interest on such loans at not to exceed 3 per cent a 
month. Senator Burd, S. 1381 (1664). Judiciary Com. 

To prohibit loans on wages or salaries except by an employer to on em- 
ployee. Senator Grady, S. 188 (102, 622, 700). Recalled from Governor. 



D.g.tizecbvGoOglc 



Eepoet of the Commissionee of Labos, 19H. 177 

To prohibit a greater interest charge than 2 per cent per month on loans 
in anticipation of salarf or eompensation. Mr. J. J. Herrick, A. 389 (3SS). 
Codes Com, 

To reqitirt honda of_ contractors for public loorfc and to prowde for liens of 
laborers or material men upon amount *o secured. Senator Hinman, 8. 833 
(933) and Mr. Butler, A. 1225 {1448). Approved June 26, aa Chapter 450. 

To repeal above lam and to 0ovide for liena upon public moneys of labor- 
ers or material men on public work. Senator Qrady, 8. 1708 (2318). Ap- 
proved October S, as Chapter 873. 

Bin similar to above by Senatot Frawley, S. 1090 (2304). Third reading. 

To make it permissive instead of mandatory upon the court to allow ten 
dollars aa costs to a worliing woman in an action to recover wages earned. 
Mr. J. Levy, A. 1473 (1757). Passed Asb.; Sen. Com. of the Whole. 

GOVERNMENT EMPLOYEES. 

To create a, retirement fund far all civil employees of the state, Bounties 
and citiea. Mr. Brennan A. 530 (547, 1020). Ways and Means Com. 

To provide that all state, county and city employees of one year's stand- 
ing shall have a yearly vacation with pay, of not less than two neelcs. Mr. 
Hoey, A, 147 (14S, 723, 879, 2450)). Recalled from Governor. 

To empower all cities in the state to grant ten weeks' pay to every per 
diem employee injured in the performance of his duties: Mr. Gillen, A. ISS 
(leO). Cities Com. 

Similar bill by Mr. McGrath, A. 191 (192). Passed Ass.; Sen Cities Com. 
To provide relief and pension fund for the street cleaning department in 
Xew York City.. Senator O'Brien, 8. 496 (520) and Ur. MoOrath, A. 744 
(814; *r. 954. 1858; A. 2.500). Approved July 28, iw Chapter 839. 

Similar bill by Mr. McGrath, A. J4S (149). Cities Com. 

To create retirement fund tor employees of New York City. Mr. Cuvillier, 
A. 234 (236). Cities Com. 

To decrease from thirty-five to thirty years the length of service required 
for retirement of employees in Jfeio Yorfc City. Senator Qrady, 8. 496 (530) 
and Mr. Foley, A. 1801 (2230). Approved July IB, as Chapter M9. 

To create a pension fund for stationary and marine steam engineers, jani- 
tor engineers, boiler tenders, oilers, firemen and stokers in the employ of 
New York City. Senator O'Brien, S. 618 (673) and Mr. Geatons, A. 995 
(1121). Sen. Cities Com.; Asa. Cifciea Com. 

To increase yearly salary of street sweepers in New York City from $720 
to $840 with additional compensation for Sunday work and for all overtime 
in excess of forty-eight hours per week. Senator Frawley, S. 328 (337) and 
Mr. J. J. Herrick, A. 285 (286). Sen. Cities Com.; Ass. Cities Com. 

To provide that all foremen of city laborers in New York City shall re- 
ceive four dollars per day. Mr. Gillen, A. 1018, (1144). Cities Com. 

To provide that day laborers in the employ of New York City shall receive 
three dollars per day and not less t)ia.n $801) per year if employed during any 
part of two hundred separate calendar days in the fiscal year. Mr. McElli- 
gott, A. 621 (656, 980, 2036). Passed Ass.; Sen. Cities Com. 

To provide extra pay for overtime work of drivers in the New York City 
street cleaning department, Mr. Gillen, A. 832 (923). Passed Ass.; Sen. 
Cities Com. 



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178 Nbw Yoek Statb Depahtmemt of Labob. 

To prohibit forfeiture of pay of employees of New York City street clean- 
ing department for breach of discipline. Mr. Walker, A. 327 (328). Cities 
Com, 

To prolubit employees of New York ciity from tieing detailed to do work 
outside of their public duty. Mr. Foley, A. 182S (2261). Cities Com. 

To permit laborers in armories and arsenals to have an annual vaoatlon 
ol ten days with pay, at the discretion of^ke appointing officers. Mr. Mc- 
Or^pr, A. 132 (133, 471). Passed Ass.; Sen. Com. of the Whole. 

To provide increaseB in salaries of employees of staite hospitals. Senator 
Ferris, S. 183 (187, 1201) and Mr. Manley, A. 269 (271, 765, 186S). Vetoed 
by the fJovernor. 

To create a retirement fund for employees in state hospitalfl for the insane. 
Senator Ferrie, S. 211 (215) and Mr. Manley, A. 295 (296, 1022). Passed 
Ass.; Sen. third reading. 

To create a pension Hystem tor the officers and employees of stat« prisons. 
Senator McManus, S. 1659 (2247). Third readii«. 

To increase salaries of ithe assistant matron and guards at the state prison 
for women. Senator Hewitt, S. 793 (884) and Mr. Drummond 1482 (1760). 
Vetoed hy the Governor, 

To increase salaries in state prisons. Mr. Young, A. 21 (21). Int. Affairs 

To increase the compensation of prison guards. Senator Hewitt, 8. 1109 
(1274) and Mr. Druinmond, A. 1502 (1788, 2149, S. 1837). Vetoed by the 
Governor. 

To increase salaries of officers and employees in stat« reformatories. 
Sen&tor Murtaugh, S. S«2 (60S, 1931). Vetoed by the Governor. 

To provide that the compensation of employees in state retormatoriea shall 
be the same as that paid to similar employees in state prisons. Mr. Bush, 
A. 1108 (1411). Com. on Penal Inst. 

To provide for aemi'monlhly payment of employees in public building* in 
Erie County and Buffalo. Senator Ramaperger, 8. 1184 (1373) and Mr. 
Jackion, A. 1599 (1947, 2418). Approved June 23, as Chapter 41*. 

PRISON LABOR. 

To provide for payment of wages to prisoners. Senator Fiero, S. 142 (143, 
858) and Mr. Trombly, A. 217 (218). Sen. Com. of the Whole; Ass. Com. 
on Penal Inst. 

To amend the law as to sale of prison made goods. Senator Fiero, 8. 140 
(141) and Mr. Trombly, A. 215 (2'16). Sen. Com. of the Whole; Ass. Com. 
on Penal Inat. 

To include prisoners in " jails, and other penal institutions " among those 
required to labor for the state. Senator Fiero, S. 141 (142, 869) and Mr. 
Trombly, A. 216 (217). Ass. Com. of the Whole; Sen. Com. on Penal Inst. 

To exempt city and county almshouses from provisions requiring use of 
prison-made goods. Mr. Wheeler. A. 843 (934). Com. on Pub. Inst. 

INDUSTRIAL EDUCATION. 
To provide for the establishment of training schools in agriculture and 
related subjects. Senator Harte, S. 167« (2279). Finance Com. 



D.g.tizecbvGOQglc 



BbfOBT 07 THS COMMISBIOMEB OF LabOS, 1911. 179 

REGULATION OF TRADES OR OCCUPATIONS. 

To provide for licensing of titoving-picture operatora in firet-claaa citiea. 
Mr. Walker, A. 1104 (1374, 1094). Approved June 6, m Chapter 262. 

To strike out provision requiring operator of moving picture apparatus in 
New York city to be a citizen of the United States. Senator Franle;, S. S68 
(727) and Mr. Higgins, A. IdS (l^T). Vetoed b; the Governor. 

To strike out requirement of six months' apprenticeship in order to secure 
ticense as moving picture machine operator in flrst-ckiBS cities. Senator 
Duhamel, S. 1578 (S. 2072). Vetoed by the Governor. 

To increase the minimum age of ctMuffeurs from 18 to 21 years. Mr. J. J. 
Herrick, A. 1349 (KI05). Int. Affairs Com. 

To omend law for licenaing of ehauffeurt. Senator White, S. 937 ( 106S, 
1783, 1862) and Mr. Evana, A. 1293 (1524). Approved Jane 28, as Chapter 
401. 

To provide that the term " chauffeur " sltall apply to any person driving 
a motor vehicle. Senator Ferris, S. 245 (251), Int. Affairs Com. 

To reduce license renewal fee of chauffeurs to one dollar. Senator Walters, 
S. 7 (7, 85) and Mr. T. K. Smith, A. 34 (34, QIS, lOIS). Passed Ass.; Sen. 
Com. on Int. Affaira. 

Similar bill by Mr. Hoey, A. 652 (688). Com. on Int. Affairs. 

To require all licensed chauffeurs to give bond of (2,000 for payment of 
damages for injury to person or property caused by hie negligence. Senator 
BuBsey, S. 1063 (1222). Int. Affairs Com. 

To prohibit a cfa&uffeur from receiving a rebate from proprietor of a 
garage without consent of his employer. Mr. Walker, A. 326 (330), Codes 
Com. 

To provide for annual publicatioa and distribution of a list of licensed 
chauffeurs. Senator Gittins, A. 1027 (2180). Gem. on Finance. 

To provide for the licensing of sttttionary engineers and Gremen. Senator 
Heacock, S. 316 (322) and Mr. Washburn, A. 780 (881). Sen. Labor and 
Industries Com.; Aias. labor and Induatries Omu. 

To provide for the lioensing of gaafltters in cities of the first-class. Mr. 
Hoey, A. 1512 (1807). Cities Com, 

To provide for the licensing of barbers. Mr. Jackson, A. 80S (805). Pub- 
lifl Health Com. 

To provide for the examination of journeymen plumbers, Mr. Dawson, A. 
601 (62fl). Cities Com. 

To provide for the registration of any employee in charge of any reitail 
butcher's business or branch thereof. Senator McManus, S. 277 (284) and 
Mr, Boylan, A. 381 (390). Sen. Cities Com.; Asa. Cities Com. 

INDUSTRIAL DISPUTES. 

To provide for boards of conciliation and investigation to be appMnted by 
the Commis^oner of Labor on application of either party to an industrial 
diapute. Mr. Hoey, A. 618 (679). Labor and Industries Com. 

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. 1720 (2131). Labor and Industries Com. 



byG0l.)g[c 



180 New Tohk State Bkfastueht op Labos. 

To proTide for an induatiial oommission in New York City to inTestigate 
labor conditions and wages and to investigate and arbitrate dieputes, Mr. 
Cuvillier, A. 973 (1082). Cities Com. 

To compel employers advertising for laborers to take place of strikers to 
state that strike esista. Mr. Gerhardt, A. 1387 (1964). Codes Com. 

To legalize boycotts. Mr. Sullivan, A. 847 (93S). Codes Com. 

To prohibit compelling persons to refrain from joining a labor organization 
as a condition of securing employment, to legalize boycotts, to prohibit strike- 
breaking and the importation of non-resident labor by fraudulent induce- 
ments. Mr. Gerhardt, A. 462 (474). Labor and Industries Com. 

To amend the Anti-Pinkerton law. Senator McManus S. 758 (839, 1258, 
2201). Vetoed by the Governor. 

UNEMPLOYMENT. 

To make it a misdemeanor for false or misleading information to be fur- 
niahed by an employment agency to applicants for employment. Senator 
Bayne, H. 1152 (133B, 1817) and Mr. Chanler, A. 1099 (2110, 2469). Ap- 
proved June 30, as Chapter 675, 

To amend the law relative to employment agencies. Senator Cullen, S. 
296 (303, 940) and Mt. Brennan, A. 471 (483, 1348, 1915, 2151, 2352, 2465). 
Sen. Cities Com. ; Ass. lost. 

To provide that in case of revocation of license of employment agency, new 
license shat] not be granted within three years. Mr. Granbard, A. 145 (I4S). 
Third rea<Iing. 

To require employment agencies to inquire as to financial responsibility of 
those to whom applicants for employment are sent, with special reference to 
theatrical agencies. Senator Stilwell S. 386 (405, 1801) and Mr. Spielberg, 
A. 328 (327). Sen. Com. of the Whole; Asa. lost. 

To exempt employment agencies licensed under the Business Law from the 
supervision and inspection of the commissioner of labor. Senator McManus, 
S. 650 (710) and Mr. J. J. O'Neill, A. 935 (1039). Passed Sen.; Ass. Labor 
and Ind. Com. 

To create in the Department of Labor a Bureau of Public Employment Of- 
fices. Senator Bayne, S. 1118 (1282) and Mr. Jackson, A. 1534 (1826). 
Passed Sen. ; Ass. Labor and Ind. Com. 

To provide for a special deputy commissioner of the unemployed in -the 
Department of Labor. Senator Cronin, S. 85 (86) and Mr. O'Conor, A. 03 
(02). Sen. Labor and Ind. Com.; A9s. Labor and Ind. Com. 

To create a municipal employment bureau in New York City. Mr, Cuvil- 
lier A. 972 (1081). Cities Com. 

To provide for the creation and maintenance of a bureau of agricultural 
labor in the city of Buffalo, Senator Ramsperger, S. 1526 (1046). Vetoed 
by the Governor. 

IMMIGRANT LABOR. 

To provide that all persona conducting immigrant lodging houses shall 
procure a license from the commissioner of labtrr. Mr. Foley, A. 1703 (2114, 
2479, 8. 2039), Approved July 28, as Chapter 845, 

To provide that all persons advertising as authorised to sell tickets for 
transportation to and from foreign countries shall procure a license from the 



byCoOglc 



Eepoht of the Commissiones of Labor, 1911, ISl 

comptroller. Senator Bayne, 8. 1348 (1629, 1782) and Mr. Foley A. 1704 
(2115). Approved June 30, m Chapter 578. 

To forbid the circulntion of antf misleading advertisement in regard to 
passage tickets. Senator Bayne, 8. 1149 (1336, 1524) and Mr. Foley, A. 
1708 (211B, 2475). Approved June 23, as Chapter 415. 

To prohibit any hotel proprietor, guide, or porter from ioltciting the sur- 
render by any immigrant passenger of a transportation ticket. Senator 
Bayne, S. 134« (1627, 1847) and Mr. Foley, A. 1707 (2118, 2501). Approved 
June 29, as Chapter 540. 

To reduce from, $10,000 to $5,000 the deposit with the comptroller by 
private banhera, if no business other than receiving money for transmission 
is conducted. Senator T. D. Sullivan, 8. 1337 (lOlS, 1760). Approved Jun* 
21, on Chapter 393. 

Similar bill by Senator T. D. Sullivan, S. 1229 (144G). Com. on Banks. 

To reduce the bond required for private bankers outside cities from $50,000 
to $25,000. Senator T. D. SulHvan, S. 716 (789) and Mr, M. A. O'Neil, A. 
522 (639, 2386,2419; S. 1940, S. 2112). Vetoed by the Governor. 

To prohibit corporations, other than those subject to the banking laws, 
from receiving money for transmission. Senator T. D. Sullivan, S. 693 (76ff) 
and ilr. Foley A. 831 (922, 2410; 8. 2145, S. 2410). Approved July 24, as 
Chapter 771. 

To place express companies which transmit money under the private bank- 
ing Jaw. Senator Hart«, S. 1013 (1150). Com. on Banks, 

To transfer jurisdiction over private banking in first class cities from the 
comptroller to the banking department. Mr. Spielberg, A. 546 (563). Com. 
on Banks. 

To require examination of private bankers by the comptroller. Senator 
Pollock, 8, 651 (711) and Mr. Spielberg, A. 817 (906). Sen. Com. on Banks; 
Ass. Com. on Banks. 

To provide for the establishment of state schools for immigrants at places 
where public works are under construction. Senator Qittina, 8. 1561 (1996) 
and Mr. Shortt, A. 1595 (1034). Vetoed by the Governor. 

MISCELLANEOUS. 

To provide for an industrial directory to be issued by the Commissioner of 
Labor. Senator Burd, B. 1310 (1668) and Mr. Ghanler, A. 1111 (1287). 
Approved June 30, as Chapter 565. 

To create a state department of commerce and industry. Senator Cullen, 
8. 316 (323)). Fin. Com. 

To appropriate $10,000 to complete the work of commission on employers' 
liability, etc. Senator Wainwright, 8. 21 (21) and Mr. Jackson, A. 79 (79). 
Approved Feb. 14, as Chapter 2. 

To provide for old age pensions. Senator Dubamel, S. 238 (243) and Mr. 
O'Connor, A. 312 (313). Sen. Fin. Com.; Ass. Ways and Means Com. 

To provide a commission to investigate subject of old age pensions, Mr. 
Fry, A, 1685 (2073). Ways and Means Com. 

To establish a commission to inquire into the condition, welfare distribu- 
tion «nd industrial opportumties of unbilled laborers and o4 aliens. Mr. Fry, 
A. 1740 (2183). Ways and Means Com. 

To create a commission to inquire into prices, eto. of food stuffs. Senator 
O'Brien, 8. 153S (1965). Approved July 26, eu Chapter 787. 



byCoOglc 



ubjGoOgIc 



APPEWDIX VI. 



LAWS KELATINQ. TO lABOB IN FORCE JANDAEY 1, 
1912. 

Goufuxd bt the Bubeau of Labob Statistics. 



D„.„ab,GoOglc 



NoiB.— The following Eampilstion preKala the aereraX Ihws sb 
dftMd LHn aoacCed in 1909 and 1010, or aa ^es amended, in wtiiob 



ubjGoOgIc 



THE LABOR LAW. 



An Act relating to labor, conBtituting chapter thirty-oiie of the consolidated 

CHAPTER 31 OF THE CONSOUDATED LAWS. 
LABOR LAW. 

Anlcle 1. Short title; deflnltlona (i! 1, 2). 

2. Geoeral pravlaioDa (i| 3-21). 

3. DepartDtent of labor (|{ 40-4S). 

4. Bureau of labor statlBtlcs (H &5-SS). 
6. Bureau of factor; inspection (tt 60-68). 
6. Factories ({| 70-96). 

T. Tenement-made articles ((| 100-lOS). 

5. Bakeries and confectioneries (I! IIO-IIS). 

8. Uinea, ttmoelB and giiarrieH and tlieir Inspection (i( 120-136). 

10. Bnreau of mediation and arbitration (H 140-148). 

10-a. Bureau of industdea and ImmlgrHtloD (fi 151-156). Hided in 1010.1 

11. Emplo^meot of women and cblldren in mereaatlle eitabllstunenti 

<II 160-173). 

12. Bnrean Dt mercantile Inspection (f| 180-184). 

13. ConTlct-made goods and duties of commiasloner of iabor relative thereto 

(H 1M-19S). 

14. Bmplojer's llablllt; (i( SOO-212). 

1441. Workmen's compeDaatlon In certain daageroui employments (i( 213- 

2ie-c). lidded in 1910, Vmxmtitvtional.J 
16. Employment of children In atreet tradei (|| 220-226). 
le. Laws repealed; when to take effect (H 240, 241). 

ARTICI.B 1. 
Sborl Title) DeaBldon*. 
Section 1. Bhort title. 
2. EieflQltions. 
! 1. Short title. — This chapter shall be known as the "Labor Law." 
( 2. DeSnitiOiiS. — Employee. The term "employee," when naed in this 
chapter, means a mechanic, workingman or laborer who works for another 

Employer. The terra "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, bIibII be con- 
strued to Include also any mill, workshop, or other manufacturing or 
business establishment where one or more persons are employed at labor. 

Mercantile Establishment. The term " mercantile establishment," when 
used in this chapter, means any place where goods, wares or merchandise 
•re offered for aale. 

11851 



D.g.tizecbvGoOglc 



186 New Yobk State Department op Labob, 

Tenement House. The term " tenement house," when used in tbia chap- 
ter, means any house or building, or portion thereof, which is runted, leased, 
let or hired out, to be occupied, or is occupied as the home or residence of 
three families or more living i tide pen dent! j 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 chapt«r. 

Wlienever, in this chapter, authority is conferred upon the commissioner 
of labor, it shall also be deemed to include bis deputies or a deputy acting 
under his direction. 

" Tenant taetorj " la deHnc 
here dllfera slightly from 1 
Coosa Itdated Laws, { 2. 

A comtneiclBl Ice house using macblnecy, etc. Is a " factory : " Babe v. Coanol, 
Ice Co.. ISl U. a. C. C. A. 6Sa (1902). Bakeries and conlectlonerles are " factories:" 
see I 111, poit.; also lanndrles, | 82, pott. 

ARTICLBl a. 
OcaerBl ProvlBloiia, 

Section 3. Hours to eoDstltiite a day's work. 

4. Violations of the labor law. 

5. Hones 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 bours of labor of block system telegrapb and teleidione 

operators and signalmen on surface, subway and elevated rallroada. 
6. Payment of wages by receivers. 

10. Cash payment of wages. 

11. When wages are to be paid. 

12. Penalty for violation of preceding section. 
18. Assignment of future wages. 

14. Preference In employment of persans upon public works. 

15. Lsbels, brands and marks used by labor organisations. 

16. Illegal use of labels, brands and marks, a misdemeanor ; Injunctlcn 

proceedings. 
IT. Seats tor female employees. 

18. Scaffolding tor use of employees. 

19. Inspection of scaffolding, ropes, blocks, palleys and tackles In cities. 

20. Protection of persons employed on buildings In cities. 
20-B. Accidents to be reported \Added in 1910], 

21. Conmilssloner of labor to enforce provisions of article. 

f 3. Rouis 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 aud 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 "oir'lorment of laborers, workmen or mechanica 
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 



byCoOglc 



Report of tilk Commissioner of Labor, 1911, 187 

be permitted or required to work more than eight hours in aii7 one calendar 
day except io cases of extraordinsjy emergency caused by fire, Hood or danger 
to life or property. The wages to be paid for a legal day's work as herein- 
before 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 tlierewitli, BhaU not be less than the prevailing rate for a day'a 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 oi performing the same shall comply with the pro- 
visions of this section; and no auch person or corporation shall be entitled to 
receive any sum nor shall any officer, 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 
npon 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 Btat« institutions, or to engineers, 
electricians and elevator men in the department of public buildings during 
the annual se)'?ion of the legislature, nor to the construction, maintenance 
and repair of highways outside tlie limits of cities and villages. {Aa am'd 
fiji L. 1909, ch. 202.J 

The Legislature ia eipressl; empowered to rexulaCe conditions of employment on 
pabllc work by tbe State Conatituttoa. Article XII, ; 1 (given under Public 
WoaKS ANO Contracts, post). 

The conBtitatlonallty of tbe section was suatalned In 1904, ao far as It relntea to 
the direct employees of the state or ot a manlclpallty : Ryan v. Ctty ot New York, 
ITT N. Y. 371. The section la conatltuttoDal under both State and Federal con- 
stitutions : People ei rel. Williams En^neerlng snd Contracting Co. v. Uets, 193 
N. Y, 148 (190S). Tbe United States Supreme Court has afflrmed the constitatlon- 
Bllty ot a similar statate of Kanwa (Atklna v. Kanaas, 101 IT. 8. 20T), and the 
eigbt-honr law of the United Btatea {Ellis v. U. 8., 27 Sup, Ct. Rep. p, 800, IfiOT). 

Tbe section spplles only to pubHo vmrlc and not to " articles of common mer- 
chandise," or to " marketable commodities," like jtas and electricity : Downey v. 
Bender, G7 App, DIt. SIO (1901); see also the Attomey-Oenersra opinion of 
June Se. 1906 (Report of CommlBsloner of Labor, 1606, Appendix V>. The section 
does not apply to the manufacture of materials purchased by a contractor for public 
work : Bohneo t. Meti, 126 App. Dlv. 807, afflrmed, IBS N. Y. 870, But an opinion 
of tbe Attorney-Geueral (1009) holds that tbe section does apply to work such as 
the niaaafacture of a Bre escape done by a, contractor in hia own factory (Kepurt 
ot the Commissioner of Labor, 1909, p. ^OT,) 

An armory la a state " laatltutlon " and therefore eiempt (com the provlelona 
ot the section; Matter of Bums v. Foi, OS App. Dlv. SOT (Nov. 1804). Firemen 
are not " employees " within the meanlug of tbe etatute, which relates only to 
mecnanici or laborers working for bire : Sweeney v. Btnrgla, T8 App. Dlv. 480. 
afflrmed (May, 1903) ITS N, Y. H. The waees clause does not apply to school 
Janltora : Farrell V, Board of Education. 11» App, Dlv, 405, 

" Eitraordlnary emergency " la detlncd In United States v. Sberldan Kirk Con- 
tract Co., V. 8. Diat. Court, 149 E-ed. Rep. 813; Penn Bridge Co. v. United 

• Bo In original. >. i 

Digitized byCoDglc 



188 New York State Depaetment op Labob. 

BtRteg, Court ot Appeals of D, C, SS Wash. Law Reporter. S8T. Ab to witat 
constitutes overtime in case of emergepc; work od part of emplofees of municipal 
department of water supply, see Greflj v. Cltj of New Sork, 182 N. Y. 18 (M»r 
30. 1905). The commissioner of labor la not empowered to Issue permits tor 
emergency work: opinion of Attornej-General In Appendix VII, post. 

The preTalling-rate-of-waBes clause Ooes Dot apply to wort done out ot the 
state for a New York contractor: Ewen v. Tbompson-Starrett Co.. 71 Mldc 171. 

S 4. Violations of the labor law. — Any officer, agent or employee of this 
it.ate 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 Huthorily having power to 
appoint or remove such ofiicer, agent or employee; otherwise by the governor. 
Any citizen of this state may maintain proceedings for the Euspension or 
removal of such ojllcer, agpnt 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 tor work 
done thereupon. 

See notea to | 3 ; also | 21, poit; and Penal Law, | 1271. aubd. 1, under 

I'HNAI/riES rOB ViOLiTlOH OF THH LiBOB Li«, pOgl, 

I 6. 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 such brickyard shall require employees to work more than ten 
hours in any one day, or to communce 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 mlgdemeanor ; Penal Law, I 1271, subd. 8. 

I S. Hours of labor on street surface and elevated railroads.^ Ten consecu- 
tive hours' labor, including one-half hour for dinner, shall constitute a day'i 
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 woric more than ten consecutive hours, in- 
cluding one-lialf 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 Uaw. i 1271, aubd. 2. Under former law, 
violation was not a crime : People v. Phyte, 10 Crlm. 246. 

g T. Begnlation of hours of labor on ateam auiface 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 ot 
Tunning 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 



D.g.tizecbvGoOglc 



Eepoet of the C0MMI8SIONEB OF Labob, 1911. 189 

labor performed in any one day in excess of such ten houre, l^ any such em- 
ployee, lie Hball be paid in addition at leaat one-tenth of his daily compen- 

No 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 requite 
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, until he has bad at least eight lioura' rest. 

violation B misdemeanor (Pi^nal Law, ! 12T1, Bnbd. 4); also evidence o( negli- 
geDce Id action for peraotiRl Injuries sustained by employee, Pelln t. N. Y. C. & 
H. K. K. R. Co., 102 App. Div. 71 (190B). 

i 8. Regulation of hours of labor of block system telegraph and telephone 
Operators and signalmen on sutface, subway and elevated railroads. — The 
provisions of section seven of this chapter shall not be applicalile 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 tlie 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 ". (deGned as 
follows): Reporting trains to another office or ofEcea or to a train dis- 
patcher operating one or more trains under signals, and. telegraph or telephone 
lever men who manipulate interlocking machines in railroad yards nr on 
main tracks out on the lines or train dispatchers in its service whose duties 
substantially, as hereinlrefore set forth, pertain to the movement of oars, 
engine? 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 ^ore 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. Are, 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 ot 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 
generally in each twenty-four hours then the provisions of this sei^tion shall 
apply, notwithstanding that there may pass a less number of passenger trains 
than hereinbefore set forth, namely eight. 

The lectlon Is conEtltutionBl as a proper exercise of the police power and does 
not conBlrt with the U. S, law on the same subject : New York v. Erie R. It, Co., 

lea N. Y. 3C!», ,-. > 

DiginzecbvCtlOOglC 



190 New Toek State Department of Labor. 

t 9. Payment of wages by leceivero. — Upon the appointment of a. receiver 
of a partnership or of a corporation organized under the lawa of this stata 
and doing business therein, other than a moneyed corporation, the wages ot 
the employees of Buch partnership or cOTporation shall be preferred to every 
other debt or cla,im. 

See alan Debtor sad Creditor Lsw, ch. 12 of tbe CoDBolldated Laws, i| ST, 28. 
and Lien Iaw, | 13, 

Tenn "employees" laclades operatlres and laborers (Palmer v. Van Raatvoord, 
158 N. Y. 612), travellDe salesmen (Hatter of Fitzgerald, 21 Ulse. S2S), book- 
keepers employed at salary of JlOO a month (Pei^le v. Beverldse Brewing Co., 61 
Hun 313, and Matter of Luiton & Black Co., 3S App. Dlv. 243), etc 

Term " wages " does not cover amonnta credited to employees mider a srstem of 
proHt Sbaring (Dolge v. Dolge. TO App. Olv. BIT). 

{ 10. Cash payment of wages. — Every manufacturing, mining, quarrying, 
mercantile, railroad, street railway, canal, steamboat, telegraph and tele- 
phone company, every express company, every ciirporation engaged in har- 
vesting and storing ice, and every wat«r 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- 
contractor therewith, ' shall pay to each employee engaged in his, their or 
itd business the wages earned by such employee in cash. No such company, 
person, firm or corporation shaH hereafter pay euoh emiployeeft in scrip, 
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 
known as a company store, if there slinll, at the time, be any store selling 
supplies within two miles ot the place where such contrsct is being eseciited. 
Any person, Brm or corporation violating tbe provisions of this section shall 
be guilty of a misdeuieanor. 

Penalty : See I 12, poet, and Penal Law, I 12T2, post. 

On subject of conatltutloiiallty, see EnoxvlUe Iron Co, v. Harblean, 183 V. 8. 13, 
In wblcb the United States Supreme Conrt sustained the Tennessee antl truck law. 

Payment by check Is not a compliance with tbe section. ((^iDlon of Attorney- 
General In hla report for 1899, p. 339). 

i 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 dny of each month, pay the employees thereof the wages 
earned by thfrn during the first half of the preceding month ending with 
tbe fifteenth day thereof, and on or before the fifteenth day of each month 
pay the employees thereof tbe wages earned by them during the last half 
of the preceding calendar month. 

I'enalty: See I 12, noit, and Penal Law, | 1272, 

The semi-monthly psy law In tbe second parsgrapb of this section la conetltutlonaf 
as within the reserved pow?r of tbe state to amend corporate charters : N. T, C. 
E. B. Co. V. ■Williams, 189 N. Y. 108. 

Any corporation operating a strnni surface railroad and also engaged la mining 
or any other buslneSB (ban (he operation of such surface railroad most pay Its 
employees not engaged In operating such road In accordance with tbe general pro- 
visions ot this section, (Opinion of Attorney-General. June 4, 1906.) Does not 
apply lo a munlrlpal cofporatlon. (People ei rel. Van Valkenburg v. Myers, Kt 
N Y SI. Rpp. 18; People v. City ot Buffalo, 57 Hun 577,) ^- I 



Repoet op the Commissioneb op Labob, 1911. 191 

{ 12. Penalty for violation of precedinf section.— If a corporation or joint- 
atock aaaociation, its lesaee or otiier person carrying on the business thereof, 
ahail fail to pay the wages of all its employees as provided in this article, 
it shall forfeit to the people of the slate the sum of fifty dollars for each 
•ucli failure, to-be recovered by the commiaaioner of labor in his name ol 
oflice in a civil action. [Aa am'd by L. 1^9, oh. 200.] 

Violation also a mlBdemeanor : Penal Law, 1 1£T2. 

! 13. Assigiunent of future wages. — No assignment of future wages, payable 
weekly, or monthly in case of a ateam surface railroad corporation, ahall he 
valid if made to the corporation or aasociation 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 purpoae of relieving such corporation or aaao- 
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 aueh 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 Pereonal Property Law, | 42, nndcr •'Aaalpiinent ot wages " under Foliticil 
Aso LnnAL RiOHTB, Etc., post. 

( 14. Preference in employment of persona npon 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 tor 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 tabor a contractor shall furnish a list of the names and addresses 
of at! subcontractors in his employ. Each contractor performing work far any 
city of the first class shall keep a Hat of his employees, in which it shall be 
set forth whether tiiey are naturalized or native born citizens of the United 
States, together with, in case of naturalization, the date of natural i/a lion and 
the name of tlie court where sucli mturalixation was granted. Such lists 
and recorJs ahall be open to the inspection of the commissioner of labor, A 
violation of this section shall constitute a misdemeanor and shall he punish- 
able by a fine of not less than fifty dollars nnr 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 181)4 making It a crime tor a contractor with a municipal corpora- 
tion for the constnirtloD of public works, to employ alien laborers thereon, was held 
In 189S to be an unronstitutlonal InvasloD of personal rlgbls and also a vlntatlon 
•>[ a treaty of the United States wltb Italy: People v. Warren, 13 Misc. Illri. 
The present law bas recently (Iflll) been held constitutional In the County Court 
ot Orleans Co. In People v. Ludlngton"a Sona. Spc also opinion of .Vttornpi-- 
Gonoral in Appendix VII, j/osl. ,-, , 

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192 New Yobk State Depabtmeht op Labob. 

Ab to tbe pntertncc clause, am Cit; a( ChlCtgD T. Hurlbut, 88 V. E. TSS (1903) ; 

but MiBiacbusetts cd acted a lav glvlns preference ta resident labor In ISOl 

(ch. 311). 

{ IS. Labels, bisnda and marks used by labor oiKaniiations.— A union or 
aisociatioa of employees tnaj adopt a device in the form of a label, brand, 
mark, name or other character for the purpose if designating the products 
of the labor of the members thereof. 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 certiQcate shall not be assignable bj the 
union or association to wbom it is issued. 

Tbli act Is CDDstltutloaat and tbe Infringement of a resiitered label will b« r*- 
strained bj injunction : Perkina t. Heert, 158 N. Y. 306. 

S IG. Illegal use of labels, brands and marks a misdemeanor; injunction 
pioceedings. — A person who (I) shall in any way use or display the label, 
brand, mark, name or 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 otlier character, or knowingly sells or, disposes of, or keeps 
or has in bis 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, aftixed, 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, atlixed, 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 a^odation may also maintain au action to enjoin the manufacture, 
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 devices so registered and filed, if such use or display 
is not authorised by the owner thereof, and may award to the plaintiff each 
damages resulting from such wrongful manufacture, use, display or sale as 
may be proved, together with the profits derived therefrom. 

Knowledge or Inlent Is not an Ingredient of an offense of counterfeiting a regis- 
tered label ; Bulenn v. Newman, 10 Misc. 460. A colorable Imitation ot a union 
label, even thongb it bsve distinguishing words or names, contravenes tills section ; 
H;nip V. Friedman. 58 Misc. S23. 

S 17. Seats for female employees.— Every person employing females in a 
factory or as waitresses in a hotel or restaurant shall provide and maintain 
suitable seats for the use of such female employees, and permit the use 
thereof by such employees to such an extent as may be reasonable for the 
preservation of their heaJtb. 

Violation is a misdemeanor: Penal Law, t 12T3. po»t. 



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Report of the Commissioner of Labor, 1911. 193 

I 18. Scaffolding foi use of einplo7eea. — A person employing or directing 
another Ut perform labor of any Iciod 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, scalTalding, 
hoists, stajB, ladders or other mechanical contrivance^ which are unsafe, 
unsuitable or improper, and which are not so constructed, placed and oper- 
ated tM to give proper protection to the life and limb of a person so em- 
ployed or eniraeed. 

Scaffolding or staging swung or suspended from an overhead support, or 
erected with stationary suppoits, more than twenty feet from the ground 
or floor, except scaffolding wholly within the interior of a building and 
which covers the entire floor space of any room therein, shall have a safety 
rail of suitable material, properly bolted, secured and braced, rising at least 
thirty-four inches above the floor or main portions of such scaffolding or 
staging and extending along the entire length of the outside and the ends 
thereof, with sucb openings as may be necessary for the delivery of ma- 
terials, and properly attached thereto, and such scaffolding or staging shall 
be so fastened sb to prevent the same from swaying from the building or 
fitrueture, [As am'd by L. 1911, cA. 693.] 

VIotatloQ is a mliidcnipanor ilVuHl Law. | 1210. poet), ani] ri'udL'rs master liable 
In CBBe or injury to employees (j 202. poul). 

The quFsliun ol what canfiCltutes a BtrucCure or a ecalTo!d uoder this aectlaa Is 

Qumerous decisions. As to the general principles upon wbich these questions 
must be determined see Caddy v. Interborougb Rapid Transit Co., 165 N. Y. 413 
(leoO). 

I 19. Inspection of scaffolding, ropes, blocka, pulleys and tackles in cities. — 
Whenever complaint is made to the commissioner of labor that the scaffolding 
or the Blinga, hangers, blocks, pulleys, stays, braces, ladders, irons, or ropea 
of any swinging or stationary scaffolding used in the construction, alteration, 
repairing, painting, cleaning or pointing ot buildings within the limits of a 
city are unsafe or liable to prove dangerous to the life or limb of any ])er30n, 
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 certiHcate to tlte scaffolding, or the slings, hangers, irons, 
ropes, or other parts thereof, examined by him, stating 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 ita 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 bo unsafe. After auch notice has been so served or affixed, the 
person responsible therefor shall immediately remove such scaffolding or part 
thereof and alter or strengthen it in such manner as to render it safe, in the 

7 



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194 New Yob'k State Depabtmemt of Labob. 

diBcretioQ of the offlcer who liaa exaiuiiied it, or of his auperiorg. The com- 
■uiBSioner of iubur and any uf UiH ae^utii^B whuiie (luiy it is to ejiamiue or 
test any acailolijiug or purt thereuf, ua requii'i;ii by tuia aeution, bIiilII have 
Irse KCCesH, at all i-easuuablH hours, to any liuilitiug or preuiiim» coutaining 
tliem ur wliure ttiey pay be iii uae. All aivitiguig aad Htjitiuuary «oaltoldiug 
■hall be Bt> constructed as to bear four tiruea lliu luuxiiuuui weigUt riHjuired 
to be depeiideiii tlierelioiu or placed tliereou, when in uae, Siod not more than 
four mtm sliall be allowed on any iiwiugin(j HcaJlolding at uue ciiue. 

i 20< Piotection of peisons employed on buildings in cities.— -All con- 
tractors and owners, when oonstructiug buildings in cities, where the plans 
and spcciQcatioiis require the liiJois to bu aiciiea betwcvn the beams thereof, 
or where the Doors or filling in between the floors are of tire-prooC material 
or brick'Work, shall complete the tlooring or filling in as the building pro- 
giesaes to not less than within three tiers of beams below that on which the 
iron work is being erected. If the plans and speciticationa of such buildings 
do not require hihug in between the beams of tioors with brick or fire-pioof 
material all contractors for carpenter work, in the course of construction, 
shall Isy the under- llooring thereof on each ^lory as the building prugrcbses 
to not less than within two stories below the one to which such building 
has been erected. Where double tioors are not to be used, such contractor 
shall keep planiied over the door two stories below the sLory where the work 
is being perioruiEd. If the Hoor beams are of iron or steel, the contractors 
for the iron or steel work of buildings in course of construction or the 
owners of sucu buildings suall tuoiougnly plauk over tiie entire tier of iron 
or sttel tieauis on wnicii tue ^tructuiui iron or aieel work is being erected, 
e\ctpt sucli spaces as may be reuaunably required (or the proper coustiuetion 
of such iron or steel work, and for the raising or lowering of materials to 
be used in the construe lion of such building, or such spaces as may be 
designated by the plans and specifications for stairways and elevator shafts. 

build. ng in the course of construction, for the purpose of lifting materials 
to be used in such construction, the contractors or owners shall cause the 
ahaits or openings in each floor to be inclosed 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 oil and putting on materials, and those sides shall be guarded 
by an adjustable barrier not less than three nor more than four feet from 
tile tloor and not less tlian 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 sucli construction shall be hoisted or lifted on 
the outside of such building, llie chief otlicer, in 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 and 
sections eighteen and nineteen, and said chief oilleer in any city charged 
with the enforcement of the building laws of such city shall have the same 
powers for the euforctwtnt of these sections as are vested in the commis- 
sioner of labor. [Js um'd by L. 1911, eft. 633.] 

Violatiua Is a iiilstHiuoanoL- (I'cnal Ijiw. [ laTT, potty and renders master liable 
Id case o( Injury to ciiipluyecB l[ 202. post). 

Ai to relative liability ot owner and contractor, see e. g. Roonej t. Brofan 
CoDStiuctlOD Co., 1D4 N. Y. 32 (lOODJ. 



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Report op the Cohmissiokek of Laboe, 1911. 195 

§ 20-a. Accident! to be reported.— The person in charge of any building, 

conBtruction, excavating or engineering work of any description, including 
tile work of repair, alteration, painting or renovating, shall keep a cor- 
rect record of ail deaths, aceidenta or injuries iustained hy any person work- 
ing thereon, in such form as mny be required by the commissioner o/ labor. 
Such record shall be open to the inspection of the commissioner of labor 
and a copy thereof shall be furnished to tlie 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 commiaaioner of labor, 
stating as fuliy as possible the cause of the death or injury, and 
the place where the injured person has been sent, with such other or 
further inlormation relative thereto as may he required hy the said com- 
miEsioher, who may investieate 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 
hy L. 1910. ck. 1.1.1.1 

Compare { 87 (racl:<iry accldenlel and j 12G (oiIdc Dnd quai'vy arcldcnU) jwgt. 

Thp section aprlles to houBO wrecking ; opinion of Attorney -General In Appendix 
VII, po«(. 

i 21. Commiasioner of labor to enforce ptorisions of article. — Tlie com- 
missioner of labor shall enforce nil the provisions of this artieli'. 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 ftn order 
directed to the person or corporation complained of. requiriiLg such person 
or corporation to comply with such provisions. If such order is disrepirded 
the commissioner of labor shall present to the district attorney oF the jiroper 
county all the facts ascertained bj' bim 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 sucii presentation is 
jnade shall proceed at once to prosecute the person or corporation for the 
violations complained of, pursuant to this chapter anit the provisions of the 
penal law. It complaint is made to the commissioner ot 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 Isbor or the employment of citizens of tlie United states 
or of tbe stale of New York, the commissioner of labor shall if he finds 
Bueb complaints to be well founded, present evidence of such non-compliance 
to the officer, department or board having charge of such work. Such oihcer, 
department or board shall thereupon take the proper proceedin.irs to revoke 
the contract of the person failing to comply with or evading such provisions. 



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196 New York State Department op Labob. 

auticle: 3. 

Department of Labor* 

Section 40. Com miss loner of lahor. 

42. Bureaus. 

44. Salaries and eipenaea. 

45. Sub-oaicFs. 
48. Reports. 

47. Old records. 

48. Counsel. 

S 40. Commissioner of labor. — There shall contiDue to be a department 
of labor the head of which absJl be the commissioner of labor, who ehall 
be 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 shall receive 
an annual salary of jive thousand five hundred dollars. He shall appoint 
all officers, clerks, and other employees in the department of labor. [At 
am'd 6v i. IBH, ck. 72fl.] 

§ 41. Deputy commissioners.— The commissioner of labor shall forthwith 
upon entering upon the duties o£ his oflice appoint and may at pleasure 
remove two deputy commissioners of labor, who shall receive such annual 
salaries, not to exceed four thousand dollars and three thousand five hundred 
dollars, respectively, as may bo appropriated therefor. The powers herein- 
after conferred upon the first and second deputy commissioaers shall not 
include the appointment of ofiicers, clerks or- other employees in any of the 
bureaus of the department of labor. [As am'd hy L. 1911, ch. 729.] 

S 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, lAa am'd by L. 
101 0, ch. 514.] 

S 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 otficers pertaining to the provisions of this chapter, or refuse thero 
admittance to any place where and when labor is being performed which 
is afTeotcd 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 with 
this chapter are subject to the approval of the commissioner of labor. And 
all acts, notices, orders, permits and directions by any provisions of thia 
chapter directed to be performed or given by the factory inspector, chair- 



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Rbpobt of the Commissionee of Labor, 1911. 197 

Di&ii of tbe board of mediation and arbitration, chief investigator, special 
inveati gators, mercantile inspector or other ofiicer of (he 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 
Euch commissioner in the name of such commiesioner. 

4. The commiBaioner of labor may procure and cause to be used badges 
for himself and his suboTdinates in the department of labor while in the 
performance of their duties. [Aa am'd by L. ISIO, ch. S14.] 

i 44. SaUiles and expenses. — All necessary eipenses 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, tlieir assistants, the special agenta and statisticians, 
the deputy factory inspectors, chief investigator, the special investigators, 
the mercantile inspectors, deputy mercantile inspectors, and other Geld 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. [.4s am'd by L. 1010, eft. 614.] 

i 45. Sub'Offices. — The commissioner of labor may establish and main- 
tain a sub-office in any city 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 ex- 
penses of such office shall be paid as are other expenses of the commisaioner 
of labor, [is am'd by L. 1911, oh. 729.] 

I 46. Bepoits. — The commissioner of labor shall report annually to tbs 
l^islature. 

i 47. Old lecoids. — All statistics furnished to and all complaints, report* 
and other documentary matter received by the commissioner of labor pursuant 
to this chapter or any net repealed or superseded thereby may be destroyed 
by Bueh commissioner after the expiration of six years from the time of tl» 
receipt thereof. 

i 48. CooDsei. — 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. 

i 49. Industrial directory.— The commissioner of labor shall prepare 
annually an industrial directory for all cities and villages having a popu- 
lation of one thousand or more according to the last preceding federaJ 
census or state enumeration. Such directory shall contain information re- 
garding opportunities and advantages for manufacturing in every such cily 
or village, the factories eftfablished theroin, hours of labor, housing con- 
ditions, railroad and water connections, water power, natural resources, 
wages and such other data regarding social, economic and industrial con- 
ditions as in the judgment of the commissioner would be of value to prospec- 
tive manufacturers, and their employees. If a city is divided into boroughs 
the directory shall contain such information as to each borough. lAdded 6y 
L. 1911, eft. B65.1 



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Nxw Yoke Stats Depabtment of Labob. 



article: 4. 

Bureau of Labor Stadatlca. 

Section 55. Bureau ol labor atatlatlcB. 
56. Duties aud-powerB. 

5T. Statistics to b» furnlahed upon tequeBt. 
58. Induatrtal poUoDluga to be reported. [Adiitd in 1911.1 

I 53. Bureau of labor statistics. — There shall continue to be a bureau of 

labor atatistica, which shall be under the immediate charge of a chief statia- 
tieian, but subject to the direction and supervision of the commisaioner of 

Cf. 1 42. iinle. 

% 56. Dutiea and powers. — The commiasioner of labor shaJl collect, aaaort, 
systematize and present in annual reports to the legislature, statistical details 
in reJation to all departments of labor in the state, especially in relation to 
the coDi mere i ill, industrial, social and sanitary condition of workingmen and 
to the productive industries of the state. He may subpcena witnesses, take 
and bear testimony, take or ciiuse to be taken depositions and administer 

Subptpoa. bow Issued. Code o! Civil Procedute, f S54 ; bow served. Id., i 853 ; 
fees, Id., {33IS. 

Dutiea and powers dlsciiEsed. People v. Peck. 138 N. Y. 886, wblch held the 
CommlssloDpr ol Labor Statistics to be a public offleer within the meaDlDg of 
( 2U50 ot the Penal Law. 

{ ST. Statistics to be funiiahed upon request,^ The o^vner, operator, man- 
ager or lessee of any mine, factory, workshop, warehouse, elevator, foundry, 
machine shop or other manufacturing establishment, or any agent, BUperin- 
tendent. subordinate, or employee thereof, and any person employing or di- 
reeling any labor affected by the provisions of this chapter, shall, when re- 
quested by the commissioner of labor, furnish any information in his pos- 
Bession 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 afrected 
by the provisions of this chapter for the purpose of inspection. All statiatica 
furnisled (o the coinjnissioner of labor, pursuant to this airticle, 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 bini by such commiasioner, in a circular or otherwise, shftU 
forfeit to the people of the state t)ie 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. 

B .iS. Industrial poiFOnings to be reported. — 1. Every medical practitioner 
attending on or called in to visit a patient whom he lieljeves to be suffering 
fro"' po'po 'in" f'o--i l"nd, pl-n^pl o'ns. arsenic or mercury or their eom- 
pou'vl-'. or from ai-t'irat. m fr-mi com d 'tis spd at 'llnoss. contracted as the 
result of the nature of the patient's employment, shall send to the cotumis- 
sioner of labor a notica atating th« name (uid full po«tal address and plao* 



byCoOglc 



RiPOBT OF THE CoMMISSlONEB OF LaBOB, 1911. 199 

o( employment of the pfttient and the disease from which, in the opinion of 

the medical practitioner, the patient is sulfering, with auch other and further 
infomtation as may be required b; the said commis&ioner. 

2. If an; medit^al practitioner, when required b; this section to send & 
notice, fails forthwith to send the same, be shall be liable to a Bne not ex- 
ceeding t«D dollars. 

3. It shnii be the duty of the commissioner of labor to enforce tlie provisions 
of this section, and he inny call upon the state and local boards of health 
for assistance. [Added by L. 1911, ch. 258.} 

auticlb b. 

Bnrean ot Factory Inspectton. 

Section 00. Factory InBpeclor. 
61. Deputies. 

02. GeDcral powers and duties. , 

03. Reports. 

67. Duties relative to apprentices. 
88. Laws to be posted. 

{ 60. Chief factory inspector. — There shall continue to be a bureau of 
factory inspection. The hrst deputy commisBioner of labor shall be the chief 
factorjr inspector of the state and in immediate charge of this bureau, but 
sub|ect to the direction and eiiperirision o! the coramiseionev of labor [Af 
am'd by L. IBII, eft. 720.] 

i Gl. Factory inspectois. — ^The comuiissioner of labor may appoint from 
time to time not more than eighty-live persons as factory inspectors, not 
more than fifteen of whom shall be women, and wlio may be removed by him 
a>t any time. The factory inspectors niny be divided into five grades, but 
not more than thirty sliali be of the tiiird grade, and not more than 
eight sliall be of the fourtli grade and not more tlian one shall be of 
the fifth grade. Kach inspector of tlic 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. There shall be after 
October hrbt, nineteen hundred and eleven, no further appointments in the 
first grade and no vneaneies in the first grade shall be filled. There may 
be at any time not to exceed fifty persons in the second grade. Each in- 
spector of the fourth grade shall receive an annual salary of two thousand 
Ave hundred dollars. Each inspector of the fifth grade shall receive an 
annual salary of three thousand five hundred dollars. Each inspector of 
the fifth grade shall be a mechanical engineer. [As arn'd by L. 1911, ch. 
729.] 

\ 62. General powers and duties.— I. The conimiasioner of labor shall 
from time to time divide the state into districts, assign one factory inspector 
of the fourth grade to each district as supervising inspector, and may in his 
discretion transfer them from one district to another; he may assign any 
factory inspector to inspE-ct 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, [.f.a atn'd 
ly L. ISll, ch. 720.] 



byCoOglc 



200 New York State Department of Labor. 

2. The commissioner of labor may authorize »ny d«puty c 
assistant and any special agent or inspector in tlie department of labor to 
act as a deputy factory inspector witli the full power and authority thereof. 

3. The commiHsioner of labor, the flTst deputy commiftaioner of labor and 
his assistant or a&aistants and every factory inspector may in the discharge 
of hia duties enter any place, building or room where and when any labor 
IB being performed which is afl'ected by the proviaions of this chapter and 
may enter any factory whenever he may have reasonable cause to believe 
that any such labor is being performed therein. [At am'd by L. 1911, oft. 
729.] 

4. The commissioner of labor shall visit and inapeet or cause to lie 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 o( Labor maj also assign duties to the loapectors of steam 
rvBsela wbea Crensrerred by the Superintendent of Tuhllc Works In uccordance with 
(he Navlgadoo Law (ch. 37 of the Consolidated Laws) as follows : 

9 3. Duties of BDperintendent of publlo works. — The super in tend cnt of public 
works shall superlnteEd the administration of the provisions of this article, 
appoint the Inspectors provided for In this act and eierdee supervision over tbem 
In (he performance of their dutleH so fur aa the same relate to tbe administration 
and enforcement of the provisions of this article. DurlDg such periods of the year 
as In the Judgment of the superintendent of public works, the services o( the In- 
spectors proTlded to lie appolntcil by this article shall not be needed Id the adminis- 
tration of the provisions of this article, he ma;, upon request of tbe commissioner 
of labor, for temporary periods, transfer such Inspectors to the department of tabor, 
and during (be periods In which said Inspectors are so trnosferred, they shall be 
subject to the Jurisdiction ot the commissioner of labor and subject to detail by 
him es eipprts fn the administration ot tbe labor taw. The necessary traveHDg 
enpenses of said Inspectors while acting under the Jurisdiction of the commissioner 
of labor shall be palil from the funds appropriated toe the administration ol tba 
depnrtmeut of labor, and their salaries shall he paid, as bereloafter provided, by 
the superintendent of public works, their vouchers to be approved by the com- 
missioner of labor. 

I 63. Bepoita.— ' 
the legislature of the operatic 

% 67. Dnties relative to apprenticea.— The commissioner ot labor shall 
enforce the provisions of the domestic i-elations law, relative to indenture of 
npiirenj-iccs, and prosecute employers for failure to comply with the pro- 
visions of such indentures and of such law in relation thereto. 

I'or tbe law concerning apprenticea heit referred to see " The .apprentice System " 
under Ikdceteijil Edccation, post. 

J 08. Laws to be posted. — A copy or abstract of the provisions of thiit 
chapter applicable thereto, to be prepared and furnished by the commissioner 
of Inbor, 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 th« 
provisions thereof. 

• With tbe possible exception of New York City ordinances (City of New York v. 
Trusti'cs of Sailors' Snug Harbor. 86 App. Dlv. 355, alt'd 180 K. Y. 527, and 
opinion by AttDrney-General, Jaotinry 16. 19(14). 



bjGoogIc 



Report of the Cosr 



ARTICLE) «. 
Fiietortca. 

(Note. — The i*«u(il Laui, ( 1275 (post) makfs it a mlaiemcanor to violate or 
nfu*' to eomplv with th« pretilafotw of tM« artMe, wAloh are to 1M ttricUji oe»- - 
tlrHed. (Murphv t. Bennett, 11 App. Div. £S8.)1 
Section TO. KBip1o;n]«nt o( minora. 

71. EmplojmeDt certificate how lagued, 

72. Contenta ot certificate. 

TS. School record, what to contain. 
T5. Report ol certlflcateB laBued. 

76. Regldtcj of children employed. 

77. Hours ot labor of children, minora and women. 

78. Exceptions. 

79. EnclOBore and operation ot elevators and holatlng shafta ; Inapectlon. 

80. Stairs and doora. 

81. PratRctlon ot emplajeea operating macblnerj. 

82. Fire eicapeB. 

• K'S. C'ommiasloner ot labor may ordec erection of Bre escapee. 

84. Walla and celllnga. 

85. Size o( rooma. 

86. Ventilation. 

87. Accidents to be reported. 

88. Waih-room and wnter-cloaetB. 
Se. Time allowed for meals. 

00. Inspection of (a c lory buildings, 
til. Inspection of bollera la lactarlea. 
02. Laundries. 

93. Prohibited employment of women and children. 

94. Ten ant.f actor lea. 

95. Unclean [eosnt-IaetorleB. 
»0. DeOnltlon of " custodian." 

^ TO. Employment of minora. — No child under the age of fourteen yeara 
ahall be employed, permitted or auffered to work in or in connection with any 
factory in this state. No child hetween the ages of fourt«en and Bixt«en 
years shall be bo employed, permitted or suffered to work unless an employ- 
ment certificate issued aa provided in this articie shall have been theretofore 
flied in the ofRce of the employer at the plaee of employment of such child. 

Compare |! 628-628 of the Compulsory Education Law nnder Child Laeoe, poit. 

The prohibition Is absolute : lack of Intent or knowledge not a defeosa (opinion ot 
Attorney -General, January IS, 1905; City ol New lork T. Chelsea Jute Ullla, 43 
Misc. 206, where It was held, March £4. 1904, tbat Itrnorance of the chlld'a age sad 
■a honest belief on the part of the employer tbat It waa over age, was no defenie). 
Bat an officer of a corporation wbo 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 1b a misdemeanor (Penal Law, 1 1275, post) end prima /acta evidence 
of negligence on the part of an employer In on action against him ; Marino v 
Lehmaler, 173 N. Y. 530; Koester T. Bocbester Candy Works, 194 N. T. 92 (1909) ; 
Sitts v. Wnlontha Co.. 04 App. Dlv. 38: Dragotto v. Plunketl, 113 App. DIv. 04S ; 
Lee V. Sterling Silk Mfg. Co., 115 App. Dlv. 689 and 134 App. Dlv. 123; Kenyon v. 
Bantord Mfg. Co., 19il App. Dlv. 570; Fortune v. Hsll, 132 App. Ulv. 260; Danaher 
V. Ainsrlcan Mtg. Co.. 126 App. Dlv. 3SG (1908). Cf. also E 202, post. 

The section doea not apply to chtldren employed In fields adjacent to canning 
tactorleB, nor to aheda unconnected wllh such factories (opinion of Attorney -(3en- 
eral, September 22, 1005). 

g 71. Employment certificate how issued. — Such certiUcate shall be issued 
by the commiasioner of health or the executive officer of the board or depart- 



byCoOglc 



302 New York State Depaetmeht of Labor.. 

ment of heBlth of the city, town or village where such child residea, or i% to 
be employed, or by Buch other oillcer thereof aa may be deaignated by auch 
board, department or commiasioner for that purpose, upon the application 
of tbe parent or guardian or custodian of the child desiring aucb employ- 
ment. Such oflicer shall not issue such certificate until be lias received, 
examined, approved and filed the following papers duly executed, viz.: The 
•chool record of such child |>roperty filled out and signed as provided in this 
Article; also evidence of age showing that the child is fourteen yeara old or 
upwardi, which shall consist of the evidence thereof provided in one of the 
following subdivisions of thia section and which shall be required in the 
order herein designated na follons: 

(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 sucb child. 

(b) Certitlcate of graduation: A certificate of graduation duly issued to 
such child showing that such child is a graduate of a pii1))ic school of* tbu 
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 
ft 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 ahows 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; Jn 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 he produced, which 
does not fall within any of the provisions of the preceding subdivisions of this 
aection, and that none of the papers nieutiwned in said subdivisions can be pro- 
duced, 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 auch facta, 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 Bullicient evidence of the age of such 
child for the purpose of thia section. 

(e) Phyaicians' certificates: In cities of the first class only, in case 
application for the issuance of an employment certificate shall bo made to 
such officer by a child's parent, guardian or custodian who alleges hta inability 
to produce any of the evidence of age specified in the preceding subdivisions 
of thia section, and if the child Is apparently at least fourteen yeara of age. 
iocb officer may receive and file an application signed by the parent, guardian 
or custodian of such child for physicians' certificates. Such application shall 
i-ontain the alleged age, place and date of birth, and present residence of such 
child, together with such further facta as may be of assistance in determining 



byCoOglc, 



Report of the Commissionee of Labor, 1911. 203 

the age of aucb 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 atatements 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 other- 
wise the olficer may direct such child to appear thereafter for physical exami- 
nation before two physicians officially designated by the board of health, 
and in ease 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 ahaH accept such certificateB ob sufficient proof of 
the aga of such child for the purposes of this section. In case the opinioni 
of such physicians do not concur, the child shall be examined by a third 
physician and the concurring opinions shall be conclusive for the purpoM 
of this section as to the age of such child. 

Such officer shall require the evidence of age si>ecilled 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 bf 
■hall receive and file in addition thereto an aflidavit of the parent showini; 
that no evidence of age specified in any preceding subdivision or subdivisions 
of this section can be produced. Such affidavit shall contain the age. placQ 
and date of birth, and present residence of such child, which affidavit must 
be t*ken 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 
■uch 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 thd 
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. 

AQ Bmcndmeot to the Penal Law. I 12TG. snbd. S. post, makes It a misdeniennar 
to mike a large aCatement In relation to an application tor an employment certlQcate. 

I 72. Contents of certiflcate. — Such certificate shall state the dat« and place 
of birth of the child, and describe the color of the hair and eyes, the height 
•nd weight and any distinguishing 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. 

1 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 attended and shall be furnished, on demand, to a child 
entitled thereto or to the board, department or commissioner of health. It 
shall contain s statement certifying that the child has ref^ilarly attended the 
public schools or schools equivalent thereto or parochial schools tor not lest 
than on* hundred and thirty days during the twelve months next preceding 



byCoOglc 



204 New Yoax State Depaetment o» Laboh. 

hia fourteenth birthday, or during the twelve months next preceding his appli' 
cation for Bilch 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 fundnmental opcrntions of nrithmi'tic up to and including fractions. 
Such echoul record shall also give th« date of birth and residence of the 
child aa ahown on tliu records of the scbool nnd the name of ita parent or 
guardian or custodian. 

Compare M 631)-630 of the Compulsorj Ediicntion Law iiDder Child Libor, poit. 

% 75. Report of certificates issued.^ The board or department of health 
or health commissioner of a city, village or town, atiall transmit, between the 
first and tenth day of each month, to the office of the commissioner of labor 
a lift of the namps of the children to whom certificates have been issued. 

i 76. Kegistry of children emptoyed. — Each person owning or operating k 
factory aiiil employing children therein shall keep or cause to bo kept in the 
office of such factory, a, register, in which sh.ill be recorded the name, birth- 
place, age and place of residence of all children so employed under the age of 
sixteen years. Kuch 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 who«e certificate 
is so filed, audi 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, th&t 
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 ceaae to 
employ or permit or suSer such child to work in such factory. The commis- 
■ioner of labor may require from such employer the same evidence of age of 
such child aa is required on the issuance of an employment certificate j and the 
employer furnishing sticli 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 au olTicer of such corporation, or by 
sending it by post addressed to the office or the principal place of buaineu 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 afHdavit 
by .iny ];crson 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 under sixteen years of age and Is 
unlawfully employed. 



byGOl.)g[c 



Refobt of the Commissionsb op Laboe, 1911. 205 

{ 77. Hours of Uboi of cMdren, minora and women. — 1. No child under 
the Eige of aixteen years shall be emploji>d or permitted to work in or in 
connection with any factory in this state before eight o'clock in the morning, 
or after ftve o'clock in the evening of any day, or for niore 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 8tat« more than six days or sixty 
bonrs 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 tvrenty-one years and no woman shall 
be employed or permitted to work in any factory in this state before six 
o'clock in the morning, or after nine o'clock in the evening of any day, or 
more than aix 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 
week required of auch persons, ami 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 auch persons may l)egin their work after the time 
for beginning and stop before the time for ending such work, mentioned in 
such notice, but they shall not otherwise be employed, permitted or suffered 
to work in such factory except aa stated therein. The terms of such notice 
ahaU not be changed after the beginning of labor on the first day of tho 
week without the consent of the commissioner of labor. The presence of such 
persons fo the factory at any other liours than those stated in the printed 
notice, or if no such notice be posted, before seven o'clock 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 facta showing the neces- 
sity therefor, shall grant a permit dispensing with the notice hereinbefore 
required, upon condition that the daily hours of labor be posted for ths 
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 hia subordinates promptly upon 
demand. Such permit shall be kept posted in such place in such factory as 
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 establislimonts in the same day or week the total time of employ- 
ment must not exceed tliat allowed per day or week in a single factory or 
marcantile 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- 



byCoOglc 



206 New York State Depaetment of Labob. 

divition of this section, with or without knowledge of the previous or other 
employment, Bhalt be liable for a. violation thereof. 

Camparv it 101 aiid ISl-a. poet. 

The ItmltatioD at tbe irocklng doufb of women to alxt; per week is eoiutltutloiiBl : 
People V, Howe, Court of Special Sessions, Oct., 1308 (Keport ot Com. of Labor, 
1806, p. 119: Department of I«bor Bulletin, Dec, 1608, p. 483). 

The problbltlon or the emplojmeat of women over 21 years o( >Ke between 8 
V. 11. BDd G A. u. is uuconstltutlonal : People v. WUllamB, 18D N. Y. 131 (lOOT). 

g 78. Eiceptions.-^ 1. A female sijiteen years of age or upwards and a male 
between the ages of Bixt^eo 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 sis working days of the 
weeki (b) irregularly in not to exceed three days a week; provided that no 
Buch person shall he required or permitted to work more than twelve hours 
in any one day or more than sixty hours tu any one week, and that the 
provisions of the preceding section as to notice or time book be fully complied 

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. 

i 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, lioisting 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 npen 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 tlieni to be kept in a" safe condition. [-■Is am'd hg L. 1909, ch. 299.) 

Violation la not only a mlsdcnieanor (Penal Law. i 12T:j, aubd. 4, pott) but 
renders master liable In case ot Injury to employees li S02. poitl. The owner o( 
u tenant fnttory cannot by any lease escape leRponslbtlity for observance of tills 
acctton (S 94. poBf; C/. also note to section 86, posl), 

I 80. Stairs and doora,^ Proper and substantial hand rails shall be pro- 
vided on all stair«ays 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 satety of employees would be promoted thereby. The Btairs 
shall be properly screened at the sides and bottom. All doors leading in 
or to any such factory shall be so conat-ucted 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 
(hall be obstructed by stationary metal bars, grating or wire mesh. Any 
metal barf, grating, or wire mesh provided tor 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 alford the free and unobstructed 
use of such doors, windows or opening for purposes of egress, in case of 
need. lAi am'd by L. IBIO, ch. 461.] 



RepOUT of TJIE COMMISSIONEK OF LaBOR, 1911. 207 

VIolBlIon both coastltuti^s a mlsd^inpanar (IVnal Law. i 1215. pout) am) rrndiri 
luaetcr llaL>)e In rase o( injury lo employees (S 202, pail). In a tenant factor; 
iMilh owner and oicupaiit aiu rcepODslblt' tor oli^tMvancc of this section <g 64, poit; 
C/. also note to J SB. post). 

By t 3.11 of the Insurance Law It-, Is made the duty of the State Are mar- 
Bbal to enforce alt laws relating to exits from factories outside of New York City. 
Simiiar duties In New York City arc by section 774 ot tbe charter laid upoQ tha 

I 81. Protection of employees operating machinery. — The owner or person 
in charge of a factory where niacliinery is used, shall provide, in the discre- 
tion of the commiseioner of labor, heJt shifters or other mechanical con- 
trivances for the purpose of throwing on or otf belts on pulleys. Whenever 
practicable, all machinery shall be provided with loose pulleys. All vats, 
pans, sawB, planers, cogs, gearing, belting, shafting, set-screwH 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 
replaced. All grinding, poliehing or butling 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 BuQicient capacity and power to remove all matter thrown off iuch 
wheels in the course of their use. Such fan shall be kept running constantly 
while such grinding, polishing or bulling wheels are in operation; except 
that in case of wet grinding it is unnecessary to comply with this pro- 
vision. All mactiinery creating dust or impurities shall be equipped with 
proper hoods and pipes and such pipes shall be connected to an enhaust 
fan of BuDicient 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 mathinery, the commissioner of labor, after 
first making and tiling in the public records of his ofHce a written state- 
ment of the reasons therefor, shall decide that it is unnecessary tor 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 sat'cguards 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 nenr 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 uiorning 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 motii'C power of such factory. 
[.4s am'd hy L. 190!l, ch. 2m, and h. 1010, ch. 106.] 

In absence of direction of factory Inspector, failure to supply Kuardi ts not 
violation (Knlsley v. Fratt. 75 Hun S2H). But non-compliance with the section 
renders tbe master liable In casp of Injui'y to employees <] 202. potl). In a 
tenant-factory the owner alone is responsible for lighting of halts and stairs (I U4, 

P9»«. .ooqIc 



208 New Yoke State Departiikkt of Labob. 

I 82. Fire escapes. — Such fire escapes ab may be deemed necessary by the 
commiseioner o[ 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 floor above the first, and shall be of sufTicient 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 acceasible and unobatructed 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 aides, and shall have 
a drop ladder not leas 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 he 
of sufficient si/^ and locatpd as far as possible, consistent with accessibility, 
from the stairways and elevator hatchways or openings, and a ladder from 
such fire eacapps shall extend to the roof. St.ationary stairs or ladders shall be 
provided on the inside of every factory from the upper story to the roof, as t 
means of escape in case of Are. 

Penalty for non-com pr la nee : see Penal Law, | 1275, eubd. 4. Liability: see 
I 202, post. Id a tenaDt-Cactory the owner alone Is responsible lor observance at 
tbis secUon tl 94, poft). 

t B3. Commissioner of labor may order erection of fire escapes. — Any other 
plan or style of fire 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 Are 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 shall 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 lloor 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 
ia 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 ly L. 1910, eft. 461.1 

Jn a tenant-tRCtorj the owner alone is responsible for observance of this section 
(I 94, poit). 

By section 351 ot the Insurance Law It Is made the duty of the State Arc mar- 
shal to enforce all laws relatloB to fire escapes outalde of New York City. Prior 
to 1911 Jurisdiction over the auhject ot fire eacapes In New York City whs veated 
eicTuRlvely tn the local saperlntendent of buildings : City of New York v, Truatpps 
of Sailors' Snug Harbor. 8B App. Dlv. 855 ; aft'd, 180 N. Y. 527. See also 
opinion of the Attorney -General, January 16, 1004 (Third General Report of the 
Department ot Labor, p. 1211. An amendment of the New York City charter ot 
1911 (adding sections 774 to T7a-c) niakea It the duty of the fire eommlasioner 
to enforce lawa concerning the meana of eiit Irom factories. 



.,CA)Og[c 



Kepobt of the Commissiohbe of Labob, 1911. 20ft 

S 84. Walla, ceilings, floota and receptacles. — The walla and eeillngs of 

each workroom in a factory ehall be lime waahed or painted, when in the 
opinion of the commiaBioner of labor, it will be conducive to the health or 
cleanlineaa of the persons working therein. Floors shall he maintained in a 
safe condition and shall be kept clean and sanitary at all times. No person 
shall spit or expectorate upon the walla, floors, or stairs of any building 
uaed in whole or in part for factory purposes. Sanitary cuspidors shall be 
provided, in the discretion of the commieeioner of labor, in every work- 
room in a factory in such numbera aa the commiBsioneT 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 ahall be maintained in a aanitary condition. [1« am'd by 
L. 1910, ch. 114.] 

In tenant- factories reaponalbllitj for cleanliness of halls, etc. is placed upon the 
owner hy section »4, vott. 

Of. special tequlrements foe Imkerles In tl 112-114, pait; and for laDQdrles 
IQ I 92. 

£ 66. Size cf rooms. — No more employees shall be required or permitted 
to work in a room in a factory between the houra of six o'clock in the morn- 
ing and six o'clock in the evening than will allow to each of auch employees, 
not less than two hundred and fifty cubic feet of air apace; and, unlesa by 
a written permit of the commissioner of labor, not less than four hundred 
cubic feet for each employee, so employed between the houra of six o'clock 
in the evening and ais o'clock in the morning, provided such room is lighted 
oy electricity at all times during such hours, while persons are employed 
therein. 

Cf. requirement as to belgbt of celllnis In Imkcrles la ft 112 and 114, potC. 

} 86. Ventilation. — The owner, agent or lessee of a factory ahall provide, 
in each workroom thereof, proper and sufficient means of ventilation, and 
shall maintain proper and sufRcieTit ventilation ; if excessive heat be created 
or if steam, gases, vapors, dust or otiier Impurities that may be injurious to 
health be generated in tlic course of the manufacturing process carried on 
therein the room must be ventilated in auch a manner as to render them 
harmless, so far aa is practicable; in case of failure tlie commissioner of labor 
shall order such ventilation to lie provided. Such owner, agent or lessee shall 
provide such ventilation within twenty days after the service upon bira of 
such order, and in case of failure, shall forfeit to the people of the state, ten 
dollars for each day after the eNi>iration of such twenty days, to be reeovered 
by the commissioner of labor. 

Section »4, po»(, makes the onuer as well as occupant In a tenant-factory r«5pon- 
slble for observance of thin sertlon and tlic owoer of n factory building Is liable 
for a violation of this section evrn tfaouKh b; the terms of a lease a teaent agrens 
to comply with the law : Veople ex rel. WlMlaniR v. Eno, i:!4 App. I>lr. n2T. 
Cf. special requlreuieuts for bakeries Iti SS 111 and 114, post. 
f 87. Accidents to be reported. — I'he 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 premisea, in such form as may be required by the 
r of labor. Such record shall be open to the inspection of the 
: of labor and a copy thereof shall be furnished to the said 
1 demand. Within forty-eight hours after the time of the 
accident, death or injury, a report thereof ahall be made in writing to the 

Digitized byG0l.)g[c 



210 New Yobk State Dkpaetment of Labor. 

commieaioner of labor, stating as fully aa possible the cauee 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 
SB may he 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 by L. 1010, ck. 155.] 

Compare f 20-a, ante, (buildlag accidents) and % 123, post (accidents In mines 
and quarrlesl ; also SI 4T. 66 and 04 oC tlie Tubllc Service Commissions Law 
(Ch. 48 of Consoildati-a I.awB). 

{ 88. Drinking water, wash-room and water-closets. — In every factory 
there shall be provided at all times for the use of employees, a sufGcient 
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 
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, suitable 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 etfectively screened. Tlie water-closets shall be maintained 
inside the factory whenever practicable and in all cases, when required by the 
commissioner of Inbor. \As am'd bi/ L. 1010, ch. 229.] 

In a tennnt-taetory the owner must provide water-closets, and the necessar.v 
plurabine and water to enable oecnpants to comply wltb all the provialona ol tbia 

Cf. special requirements lor bakeries in S! 112 and 113, post. 

i 89. Time allowed for meals.— In each factory at least sixty minutes shall 
be allowed for the noonday meal, unless the commissioner of labor shall 
permit a shorter time. Siich permit must be in writing and conspicuously 
posted in the main entranee oJ the factory, and may be revoked nt any time. 
Where employees arc 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. 

i 90, Inspection of factory buildings. — The conmiissioner of labor, or other 
cniiipeteiit person designnled by liini, upon request, shall examine any factory 
outside of the cities of Kow York and llrookljn, to delermine whether it is 
in a aafe irnndition. Tf it appears to bim to lie ungate, he shitll immediately 



byGoogIc 



Repobt of the Commissioner of Labob, 1911. 211 

notify tlie owner, ngcnt or 1ei9«e thereof, specifying the defects, and require 
such repairs and improvements to be made as he may deem necessary. If 
the owner, agent or lessee shall fait to comply with such requirement, he 
shall forfeit to the people of the state tLe sum of llfty dollars, to be recovered 
by the commissioner of lalior in his name of oflice. 

In a tEUSQt-factoiy ILit' oiva<?[ aloae Is respoDBllile for observance of tbts section 
CI 04, poit). 

i 01. Inspection of boileis 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 Ste a certific^ite showing the result thereof in such 
factory olfife and a duplicale tlicreof in the office of the commissionei' of labor. 
Kach boiler or nest of boilers used for generating ^team or heat fur 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 
of water in the boilers, Kvery 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 attached to the steam 
pipe in the engine bouse, and so placed that the engineer or fireman can 
readily aseertiiin the pressure carrieil. Nothing in this section shall apply 
to boilers in factories which are regularly inspeclcd by competent inspectors 
acting under the authority of local laws or ordinances. 

In a tenant-factor; botli onnor and occupant are responsible far observance of 
this section li l>4. pns(). 

For annual Inspeitlon of Iwller^ In New York Clly, see f ■M2 of tbe charter, etven 
under topic "Inspection o( steam boilers, etc.'' under Licensing of Tiiades, pott. 
InsiMctlon of boilers on steamboats Is provided for b; i| 5-6 of tbe Navigation 
Ijiw (ch. 37 of the Coosoltdateil Lawsl. LoconioHve boiler Inspection, see Railroad 
Law, I 72, given under " latipectlon of Locomotive Boilers " under Raii.wai: Labor, 
pott. Section 351 of the Insurance Law makes It the duty of the state fire mar- 
shal to enforce all laws relating to Inspection of atcaiii boilers outside of New York 
City. 

I 92. Laundries. — A shop, room or building where one or more persons are 
employed in doing public laundry work by nay 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 mannei- 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 he kept in a (-)ean condition and free from vermin 
and all impurities of nn infectious or contagious nature. This section shell 
not apply t<i any female engaged in doing custom Inundrj- work at her home 
tor a regular family trade. 

Ad bote! laundry Is no' a public laundry. Opinion of tbe Attorney -(ieneral, 
March 6 and September 2i, 1006. 

f 83. Prohibited employment of women and children.— No child under the 
age of sisteen years thall be employed or permitted to work in operating or 
aaaisting in operating any of the following machines; circular or band aawa, 
wood ehapers, woodjointera, planers, sandpaper or wood polishing machinery; 
picker machines or machines used in picking wool, cotton, hair or any 



) In original. 



■ :c... Google 



212 New Yobk State Department of Labob. 

upholstering material; paper lace machines; burnishing machiueB in a.ny 
tannery or leather manufactory; job or cylinder printing preaBes having 
motive power other than foot; woodturiiing or boring machineTy; drill 
presses; ineta! 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; waehing, 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, coniponnds, fuses, or other eiplosives; or in or 
about any distillery, brewery, or any other establishment where malt or 
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, cuatody 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 womau under twenty-one years ot age shall be permitted 
or directed to clean machinery while in motion. No male cliild under ths 
age of eighteen years, nor any female, shall be employed in any factory 
in this state in operating ur using any emery, tripoli, rouge, corundum, stone, 
carboruniiuin or any abrasive, or emery polishing or buffing wheel, where 
articles <-.l tl'.e Ixiser nictiil^ ni- of iriJimn nrc mnnufHctiiied. [Is a»iV bn 
L. lOal, <■/'. -mM. ami I.. I'IKI. rh. HIT.] 

Children may not assume the olivlous risks of operatiug dangeioua machinery 
i-oiitiary to this section, violation ot which Is pHrna Jade evidencs of QegUgence. 
OaHenk^mp v. Uarvln UachEne Co., 179 N. Y. 58B, reversing 01 App. Div. HI, on 
dlBBentlns "plolon bolow ; and Itiihn v, ynindaid Oi.tl.Bl Co., 110 Ap„. \»v. fiOl. 
«i>f also I 2(12, pott. 

t 94. Tenant-factories, — A tenant-factory within the meaning of the term 
as used in this chapter is a liuilding, 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 factorj'. The owner, whether 
or not he is also one of the occupants, instead of the respective lessees or 
tenants, sl^nll he resp.inBJblc for tlie olnervnnce and puiiisliable fur the non- 
observance of tile following provisions of this article, anything in any leaw 
to the contrary notwlthstnnd:;:;;, — rnmcly. the provisimis of sections seventy- 
nine, eighty, eighty-two, eighty-three, eighty-six, ninety and ninety-oDe, and 

• Bo in original. 

DigmzedbyGoOglc 



Kepobt of the Commissioner of Laboe, 1911. 213 

tbe provialona of section elghty-onc ivitli reapect to the lighting ot halls and 
itnimSiys; except tlifit tlie lessees or tenants also shall he responsible for the 
observaoce and punisliahle for the nonobservance of the provisions of sections 
seyenty-nine, eighty, eiglity-aix and ninety-one within theii respective holdings. 
Tlie owner of every tenant- factory shall provide each separate factory tiierein 
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 
tiiUicient supply of wnt^r to enable the tenant or lessee thereof to comply with 
all the provisions of said section. But as an alterntitive to providing water- 
closets within ench factory as aforesaid, the owner may provide in the public 
hallways or other parts of the premises used in common, where tliey will he 
it all times readily and conveniently accessible to alt 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 speciQed at all 
times provided with proper fastenings, and properly screened, lighted, venti- 
lated, clean, sanitary and free from all obscene writing or marlcing. Outdoor 
water-closets shall only be permitted where the commissioner of labor shall 
decide that they are necessary or preferable, and they shail then bo provided in 
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 commiasioner 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 jointlessees of the whole thereof, 
or his, her or their agent in chaige 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 io 
long as may be necessary to comply with the provisions ot 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 procedul'e. 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 bj 
Bimimary proceedings as aforesaid. Except as in this article otherwise pro- 
vided the person or persons, company or corporation conducting or operating 
a factory whether na 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 th« ob- 
servance and punishable for the nonobservanoe of the provisions of this article, 
anything in any lease or agreement to the contrary notwithstanding. 

I S5. Unclean tenant-factories.— If the commissioner of labor finds evi- 
dence of rontagious 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 affix to any such articles exposed to 
such contagion a label containing the word " unclean " and shall notify the 



byCoOglc 



214 New York State Department op Labor. 

local board of health, vho maj diBinfect Buch articles and thereupon remove 
inch label. If the commiBsioner of labor finds any of the articles specified 
in said section in any workroom or factory in a t«nant- factory which is foul, 
unclean or unsanitary, he may, after first making and filing in the public 
records of bis office a written order stating the reasons therefor, affix to 
such articles a label containing the word " unclean." No one but the com- 
missioner of labor sliall remove any label so affixed; and he may refuse to 
remove it until such articles shall have been removed from sucli factory and 
cleaned, or until such room or rooms shall have been cleaned or made sanitary. 
I 96. Definition of " custodUn." — Ibe word "custodian" as used in this 
article shall include any person, organization or society having the custody 
of a child. 

ARTICLS T. 
TencueMt-Hsfle Artletea. 

[NOTB.— 4m earlier itatute (L. 1S84, eH. 2T2j, vhich attempted to prohibit thr 
manutaoture a/ elaari In ienemenli, teat duclarad iinaoniUUiUonat (Matttr Bf 
Jacobe, 88 S. T. BS). Ffolatfan li a mitdemeanor {Penal Law, | 12TS, mbd. D, 
poit). "Tenement hauae" i» defined in | 2, ante.] 
BectloD IDO. ManufacturlnE, altering, repairing or flnlahing articles tn teneoiaita. 

101. Beglster o( persons to whom work Is given. 

102. Goods nnlawfullT manufactured to be labeled. 

1D3. Power* and daties a( boards o( bealtb relative to tenement'inads artlelaa. 

104. Insiwctlon of articles manufactured In other state*. 

105. Owners of tenement and dwelling hoacea not to pennlt tbs onlawfol nas 

thereof. 
I 100. HaanfactDriiiK, alteiing, lepairing or finishing articles is tenements. 
1. No tennoent-bouse nor any part thereof shall be used for the purpose 
of manufacturing, altering, repairing or Gnishing therein, any coats, vests, 
knee-pants, trousers, overalls, cloaks, hat9, caps, suspeuderi, jerseys, blouses, 
dresses, waists, waistbands, underwear, neckwear, furs, fur trimmings, fur 
garments, akirts, shirts, aprons, purses, pocket-booka, slippers, paper bo;(es, 
paper bags, feathers, artificial Howers, cigarettes, cigars, umbrellas, or article! 
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, sbirts or shirt waists made of cotton or linen 
fabrics that are subjected fo the laundrying process before being offered for 

2. Application for such a license shall be made to the commissioner ol 
labor by the owner of stich tenement-house, or by his duly authorized agent. 
Such application shall desi^ribc the house by street number or otherwise, as 
the case may be, in such maniier as will enable the commissioner of labor 
easily to find the samei it shall also state .the number of apartments in sucli 
bouse; it ehall contain the full name and address of the owner of the said 
bouse, and shall be in such forin as the commissioner of labor may determine. 
Blank applicationa sbal! 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 board, or other appropriate 
local authority charged with the duty of sanitary inspection of such housea; 



byCoOglc 



EspoET OF THE Commissioner of Labob, 1911. 215 

if puch records Bbow the presence of. any infectious, contagious or com- 
municable disease, or the existence of any uncomp lied -with orders or TiolA- 
tions which indicate the presence of unsanitary comlitions in such house, the 
commiBsioneT nf 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 pnid tenement-house is free from the presence of 
infectious, coiiliigiuus or communi cable disease, and from all unsanitary con- 
ditions, ilcfore, however, any'such license ia 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 natter of public record, to the 
effect that the records of the local health department or board or other 
appropriate authority charged with the duty of sanitary inspection of such 
houses show the existence of no infectious, contngious or communicable disease 
nor ot any unsiuiitary conditions in the said house; such atatement must 
be dated and signed in inli with the full name of the employee responsible 
therefor. A similar statement similarly signed, allowing the results of the 
inspection of the said building, must also be filed in the ofhce of the com- 
r of tabor before any license is granted. If the commissioner of labor 
I that such building is free from infectious, contagious or commu- 
nicable disease, that there are no defects of plumbing that will permit the 
free entrance of sewer nir, that such building is in a clean and proper saO' 
itary condition and that the articles specifled in this section may be manu- 
factured therein under clean and healthful conditions, he shall grant a 
licence 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 reijuirea it, or if the owner of the said 
tenement-bouse, or bis 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 or 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-bouse can 
again be used for tlie 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 tliis 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, ore 
clean and free from vermin ami every matter of an infectious or contagions 
nature. An inspection shall be made by the commissioner of labor of each 
licensed tenement- ho use not less than once in every six months, to determine 
its sanitary 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 
ol orders issued by such department or board in relation to the said tenement- 



byGooglc 



216 New Yoek State DBrAETMENT of Labob. 

house, since the last InspectioD of such building was mode by the commiEaioner 
of labor. VVbirnever the commisaiODer of labor finds any unsanilsiy condition 
in ft teuement'bouae for vhich a license haa been issued as provided in this 
section, be shall at onc^ iaaue au order to the owner thereof directing hioi 
to remedy such condition forthwith. Whenever the commiaaionar of labor 
finds any of the articles specified in tbia section manufactured, altered, re- 
paired or flnialied, or in proeeaa tliereof, in a room or apartment of a tenement- 
house, and such room or apartment ia in a filthy condition, ho shall notify 
the tenants thereof to immediately clean the aajne, and to maintain it in a 
cleanly condition at all times; where the commisaioner of labor finds audi 
room or apartment to be habitually kept in a filthy condition, he may in his 
discretion causa to be affixed to the entrance door of sucU apartment a 
placard calling attention to such facta 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 eHixed. 

See provision tor " taeglng " ol Infected or unclean goods apeclfled la tbla aectlaii, 
In tenant-factories in '] 94, ante. 

6. None of the articles specified in this section ahall be manufactured, 
altered, repaired or finished in any room OT apartment of a tenement-house 
where there is or lias been a caae of infectious, contagious or communicable 
diaeaae in such room or apartment, until auch time aa the local department 
or board of health ahall certify to the commissioner of labor that such disease 
haa terminated, and that said room or apartment has been properly disinfected, 
if disinfection after such disease ia required by the local ordinances, or by 
the rutea or regulationa 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- ho use, which is more than 
one-half of ita height below the level of the curb or ground outside of or 
adjoining the same. No person ahal] 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 rot having a license 
therefor issued ns aforesaid. None of the articles specified in this section 
shall be manufactured, altered, repaired or finished in any room or apart- 
ment of a tenement -ho use unless said room or apartment shall be well lighted 
and ventilated and shall contain at least five hundred cubic feet of air apace 
for every person working therein, or by any person other than the members 
of the family living therein; except that in licensed tenement -houses persona 
not members of the family may be employed in apartmenta on the ground 
floor or second floor, uaed only for shops of dreasmakers 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, wel! ventilated and plumbed, and provided further that the 
whole number of persona 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 ao used a special permit therefor shall be issued by the commissioner 
of labor, a copy of which ahall be entered in his public records with a state- 
ment of the reasons therefor. 

Nothing in this aeotion contained shall prevent the employment of a tailor 
or Hunstreei by any person or family for the purpose of making, altering. 



byGoogIc 



Repoet of the Commissionxb of Labob, 1911. 217 

repAiriiig or flnisliiiig any article of wearing apparel for the me of such 
person or fftmily. Nor shall this seclion apply to a house if the onl; work 
therein on the articles herein specifieii be carried on in a ah^p on the main 
or ground floor thereof with a separate entrance to the street, unconnected 
with living rooms and entirely separate from the rest of the building by 
cioaed partitions without any openings whatsoever and not u^d far sleeping 
or cooking. 

i 101. Begistei of penons to whom woilc ia given. — Persons contracting for 
the manufacturing, altering, repairing or finishing of any of the articlca 
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 
finished, shall keep a register of the names and addresses plainly written in 
English of the persons to whom such articles or materials are given to bs bo 
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 article! 
speoified in section one hundred of this article or giving out muteriail 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-houae in which such articles or materials are to 
be mnuufactured, altered, repaired or finished, is licensed as provided in thU 
article, and also to osi^ertnin 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 raster 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 manufao- 
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 eo labeled or seized it. 
No person except the commissioner of labor shall remove or deface any tag 
or label so affixed. Unless the owiier or person entitled (o the posseseion 0* 
an article so seized shall provide for the disinfection or cleaning thereof 
within one month thereafter it may be destroyetl. ' 

i 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 workebop or in a room or «.partment in a tenement-house or dwelling house 
!■ which any of the articles named In section one hundred of this chapter are 



byGOl.)g[c 



218 New Yobk State Dbfabtment of Labob. 

DUUiutM!ttir«d, altered, repaired or flnished or in process thereof, be shall 
ftffix to neb articin tlie label prescribed in the preceding section, and imme- 
dlktely report to tbe local board of liealth, who shall disinfect such articles, 
if BeoeaiMj, and thereupon remove such label. If the commiflsioner of labor 
finds that infectious or contagious diseases exist in a workshop, room or 
apartment of a tenement or dwelling house in which an; of the articles specl- 
fled 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 tmard of health. The local health department or 
board in every city, town and village whenerer there is any infectious, con- 
tagious or communicable disease in a teneroent-house shall cause an inspee- 
tion of such tenement-house to be made within forty-eight hours. It 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 apartmeut in 
which such disease exists, such hoard 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 aanitary inspection of such houBes in every city, town and 
village ahall, 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 canditinns 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 la to be compared section 33 of the Public Health Law (ch. 
49, Consolidated Laws), wblch reads as fallows; 

Section 33. ilanufaoturea (» tetiement Aouue* and dmelUagi. — No room or 
apartment In a tenement or dwelling bouse, used for eating or sleeping purposes, 
shall be affi tor Ibe msnufactare. wlioUy or parti;, of coats, vests, trousem, knee- 
pants, overalls, cloaks, shlrta. purses, teathera, artificial Bowers or cigars, except 
br the membsrs of tbe Family living therein, which shall Include a husband and 
wife and tbclr children, or the children at either. A family occupylDK or controlling 
mch a workshop shall, withiu fourteen days from the time of beglauing work tbereln, 
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 ot the work carried on. and the number of persons em- 
ployed therein; and thereupon such board shall. If It deems advisable, cauec a permit 
to be Isaued to such family to carry on the manufacture spedfled In the notice. 
Bach board may appoint as many persons as It deems advisable to act ■■ spedal 
liupectocs. Such special Inspectors shall receive no compensation, but may be paid 
by tbe board their reasonable and necessary expenses. If a board of health or sncb 
inspector shall find evidence of Infectious or contagious dlaeaaea present In any 
workshop, or In goods manufactured or !□_ procesa ot manufacture therein, tbe 
board shall Issue such orders as the public hpallb may require, ant shall condemn 
and destroy such Infectloua and contagious articles, and may, if necessary to pro- 
tect the public health. rciTOke any permit granted by It for manufncturlng goods 
In such 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 unbealthy conditions, such board or (aspector 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 ordsra 
as tbe public health may require, and may condemn and destroy sucb gi>oda. 



b, Google 



EePOBT 07 THE CoMMISSIONEB OF LaSOB, 1911. 219 

I 104. Inspectloii of uticlea mannfaetured in oth«i statu. — Whenerer it 
is reported to the commiBBioner of labor that an; of tlie articles named in 
•ection one nundred of this chapter are being ihipped Into this state, haring 

previously been manufactured in whole or in part under unclean, unsanitary 
or unhealthy conditions, Eaid canimisaioner shall examine said articles and 
the conditions of their mnnufacture, 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 under unhealthy conditions, he shall forthwith affix 
to thsm 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, 

I 105. Owners of tenement and dwelling honsea not to permit the nnlawfn] 
nse thereof.— The owner or agent of a tenement-house or dwelling house 
shall not permit the use thereof for the manufacture, repair, alteration or 
nnishing of any of the articles mentioned in this article contrary to its pro- 
visions. If a room or apartment in such tenement- ho use or dwelling house 
be BO 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 diBpossession of the occupant of a tenement- 
house, or dwelling house, who unlawfully manufactures, repairs, altera 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 
finisbin;; 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 pioceedings to recover possession of real property, as provided 
in the code of civil procedure. 

ARTICLB S. 
BskFrlvi Hd ConteetloiierleB.f 

[Kon-compHORCA vrflh the praviiiom ot thtt artiele Is a miidemeanor {Ptnal Lain, 
1 12TS. niM. e. poll.) The provMam at Art. tl <m to factarit* ge»eraUv, apulir 
to iaieriei and ronfei-iionerlet : | 111.) 
Section no. Hours of lator In bakeries and confection* ties. 
111. nertnltloQB. 
11!. RpDf'rnI r<<qnirenients. 

113. MBlatensDce. 

114. Inspection ot bakeries. 

g 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 
tban 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 unconstltDtional, April. 1909 : I<ocbner v. People of N. Y,, 1S8 V. B. 4S, 
17T N. Y. HB. 

i 111. DeQn'tiona, — AH buildiiiKS or rooms, except kitchens in hotels aod 
private residences, used or occupied for the purpoM of making, preparing 
or baking bread, biscuits, pastry, cakes, doughnuts, crullers, noodla, maoa- 
roni or apaghetti, to be sold or consumed on or oft the premises, shall tM 

houses, sec the Tenement House Law (<jb. 09, qon- 

ooj;Tc 



220 New Yobk State Dbfabtuent of Labob. 

the purpoM of this *et be deemed bakeries. The oommiMioiier of labor eh«ll 
have the lame powers with respect to the imchinery, Bafet; devioe* and 
eanitarj condiUona in hotel bakeriea that he hu with respect thereto in 
bakeries as defined by this chapter. The tern cellar when used in this 
article ahall mean a room or part of a huilding which is more than («ie-b»1f 
its height below the level ol the curb or ground adjoining the buililiDg (ex- 
cluding areaways). The term owner its 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 term occupier shall be construed to mean 'he person, 
firm or corporation in actual poeeession of the premises, who either himself 
makes, prepares or bakes anj of the articles mentioned in this section, or 
hires or employs others to do it for him. Bakeries are factories within 
the meaning of this chapter, and subject to all the proTisdons of article six 
hereof. [A« am'd by L. 1911, ch. S3T.1 

I 112. General reqnirements.— All bakeries shall be provided with proper 
uid sufficient drainage and with suitable &inks, supplied with clean running' 
water, for the purpose of washing and keeping clean the utensils and 
apparatus used therein. All bakeries shall be provided with windows, or 
if deemed necessary by the commissioner of labor, with ventilating hoods 
and pipes over ovens and ashpits, or with o^her mechanical means, to so 
vNitilate same as to render harmless to the persons working iberein, any 
steam, gases, vapors, dust, excessive heat or any impurities that may be gener- 
ated or relonsed by or in the proceas of making, preparing or baking in said 
bakeries. Every bakery shall be at least eight feet in h«ght measured from 
the surface of the finished floor to the under side of the ceiling, and shall 
have a flooring of even, smooth cement, or of tiles laid in cement, or a 
wooden floor, so laid and constructed as to be free from cracks, boles and 
interstices, except that any cellar or basement less than eight feet in 
height which was used for a bakery on t)ie second dsy of May, eighteen 
hundred and ninety-five, need not be altered to conform to this provision 
with respect to height; the side walls and ceilings shall be either ptastered, 
ceiled or wainscoted. The furniture, troughs and utensils ihall be so ar- 
ranged and constructed as not to prevent their cleaning or the cleaning of 
every part of the bakery. Every bakery shall be provided with a sufficient 
number of water-closets, ajid such water-closets shall be separate and apart 
from aud unconnected with the bakeroom or rooms where food products are 
stored or sold. {As am'd 6y h. 1911, ch. 637.] 

t 113. Maintenance. — All floors, walls, stairs, shelves, furniture, utensils, 
yards, areaways, plumbii^, drains and sewers, dn or in connection with 
bakeries*, in bakery water- closeta and washrooms, in rooms where raw 
materials are stored, and in rooms where the manufactured product is 
stored, shall at all times be kept in good repair, and maintained in a clean 
and sanitary condition, free from all kinds of vermin. All interior wood- 
work, walls and ceilings shall be painted or limewasbed once every three 
mtrnths, where so required by the coramisaioner of labor. Proper sanitary 
receptacles shall be provided and used for storing coal, ashes, refuse and 
garbage. Keceptaclea for refuse and garbage sha.ll have their cont«nts 
removed from bakeries daily and shall be maintained in a cleanly and 
sanitary condition at all times; the Ube of tobacco in any form in a bakery 
or room where raw materials or manufactured product of nich.JMkery ,is 

, C.oojilc 



Kbpobt of the Commissioner ov Labor, 1911. 221 

stored is prohibited. No person shall steep, or be peniiitt«d, allowed or 
Buffered to sleep in a baker;, in a room wbere raw materials are stored, 
or in rooms where the manufactured product is stored or sold, and no 
domestic animals or birds, except cats, shall be allowed to remain in an; 
such rooms. [At am'd by L. 1911, cA. 037/] 

g 114. Inspection of bakeries. — It shall be the duty of the owner of a. 
building wherein a baker; is located to comply with all the proviaions of 
section one hundred and twelve of this artjcle, and of the occupier to 
compi; with alt the provisions of section one hundred and thirteen of this 
article, unless b; the terms of a vtaltd lease the reaponsibilit; for compli- 
ance therewith has been undertaken b; the other part; to the lease, and a 
duplicate original lease, containing such obligation, shall have been pre- 
viously filed in the office of tlie commisaioner of labor, in which event the 
part; assuming the responsibility shall be responsible for such compliance. 
The commissioner of labor ma;, in his discretion, appl; an; or all of the 
provisions of this article to a factor; located in a cellar wherein an; food 
product is manufactured, provided that basementa or cellars used as con- 
fectioner; or ice cream manufacturing shops ahaU not be required to con- 
form to the requirement as to height of rooms. Such establiahments shall 
be not less than seven feet in height, except that an; cellar or basement so 
used before October first, nineteen hundred and si:t, which ia more than six 
feet in height need not be altered to conform to this provision. If on in- 
spection the commisaioner of labor find a bakery or any part therof to be 
so unclean, ill-drained or ill -ventilated as to be unsanitary, he ma;, after not 
less than forty-eight hours' notice in writing, to be served b; afflxJng the 
notice on the inside of the main entrance door of said bakery, order the 
person found in charge thereof immediately to ceaae operating it until it 
shall be properly cleaned, drained or ventilated. If such bakery be there- 
upon continued in operation or be thereafter operated before it be properl; 
cleaned, drained or ventilated, the commiasioner of labor ma;, after first 
making and filing in the public records of bia olfiee a written order stating 
the reasons therefor, at once and without further notice fasten up and seal 
the oven or other cooking apparatus of said bakery, and affix to all ma- 
terials, receptacles, tools and instruments found therein, labels or conspicuous 
signs bearing 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 be properly cleaned, drained or ventilated. [Ai am'd by 
L. 1911, cK 637.] 

article: 9. 
Minn, TnMiiela Bnd ftaarrlea and Their Inapeellon. 

[Non-compllancii with the provMoni of thli article it a mitdemeaitor (Penat Laip, 
I 1270, »vbd. 2). Violation of anv oj the tajetg provlaiont of the article rea- 
der* the matter liable In ease of Injurv to emploi/eei (t 202, poit).] 

SectloD 120. Dntles of commlsBloDer ol labor relating to mines, tnnnela aod qoar- 
rlea : record and report. 
i21. Outlets o( mlnea 

122. Venttlatlon and timbering of mines and tunnels. 

123. Riding on loaded csra ; atorage of Inflammable aupplle*. 



ubjGoOgIc 



322 New York State Dbpaetmbnt op I-abor. 

Snthin 12*. loBpection of tCenm boltrai and •ppantna; atMiii, «lr and watn 

I2B. L'Ee ol explosives; blasting. 

126. Report of accideatB. 

127. Notice of daneeions coadltloD. 

128. TreTellng wa^a. 

12B. Notice ol opeolDE new mine, shaft or qunrr?. 

130. Notice of abandon meat. 

131. Employment of women and chlldceD. 

132. Undergrouna workings to be equipped with bead bouse end doors. 

133. Mines and tunnels to be equipped wttb wasb-tooms. 

134. Uethod of e^lodlng blasts. 
134-a. Hours of labor. 

134-b. Medical attendance and regulations, 
1S4c Penalties. 

135. Bntorcement of article. 

130. Admission ol ingpectors to mines aad tunnels. 

{ 120. Duties of Gommissionei of labot relating to minea, tunnels and 
quames; record and report. — The commiBaioner of labor slisll see that every 
necessary precaution is taken, to insure the safety and health of employees 
employed in the mines and quarries and in tlie construction of tunnels of 
the state and shall prescrihe rules and r^ulations therefor; [f] lieep 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 auch minea and 
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 minea, 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 tlie commissioner of labor, 
it is necessary for safety 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 auch mine. 

■ So In original. 

t Bee present rules and regolatlons prMcrlbed bj ConniMlonsT' of Labor toIlMr- 
Ing 1 130, pott. 



^dbyGoogle 



Kepobt of the Commibsiohbs op Labob, 1911. 223 

i 122. Ventilation and timbeiing of mines and tunnela. — In each min« or 
tunnel a ventilating current shall be conducted and circulated along th« faoa 
of all working places and through the roadways, in sufficient quantities to 
insure the safety of employees and remove smoke and noxious gases. 

Each owner, agent, manager or leasee 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 sn 
unsafe place or under dangerous material, except to make it secure. 

i 123. Biding on loaded cars; storage of infiammable suppliea. — No person 
ihall 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 opening!. 

f 124. Inspection of steam twilera and apparatus; steam, air and watai 
gauges. — All boilers used in generating steam for mining or tunneling pur- 
posea shall be kept in good order, and the owner, agent, manager or leasee of 
lueh 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 tuniKl office and a dupli- 
cate thereof in the ofiiee of the commisaioner 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 b; 
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" the refi'om, 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. AH hoisting ropes shill at all times be of a 
breal>ing stretch of not less than five times the gross load suspended from 
. tliem, including weight of rope itself. Each boiler or battery of boilers used 
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 nost of boilers is placed, shall be provided with a steam 
gauge properly connected with the boilers, and another steam gauge shall be 
attached to tlie steam pipe in the engine-bouse, and so placed that the engi- 
neer or fireman can readily ascertain the pressure csrried. Every tunnel in 
which men are working under artificial air pi-casure 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 nil persons working on said tunnel. 

9 125. Use of explosives; 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, shell 
be in accordance with rules I'l proscribed 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 

* Sm ntm and regnlatlons prescribed bf CommtssloDer of Labor, foJIowioc 

Jj D,g,t,zetlbyG0<.)g[c 



224 New Yohk State Depaetment op Labor. 

material. No person sball be employed to blast, unless the mine or tunnel 
inperintendent, or person having charge of such mine or tunnel is satisfied 
tbat he is qualified, bj experience, to perform the work with ordinary safety. 
When a blast is about to be flred in a mine or tunnel, timely notice thereof 
shall be given by the person in charge of tbe work, to all persons who may 
be In danger therefrom. 

I 126. Heport 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. [.4b am'd by L. 191ft, ch. 155.] 

Compare { 2i>-a ante (building acddente) and | 87 ((nctory accidents), 

i 127. Notice of dangeiout 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. 

{ 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 lees 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 caga or other hoisting 

{ 120. Notice of opening new mine, shaft oi 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. 

I 131. Employment of women and eblldien. — 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 onployed, permitted 
or suffered to work in any mine or quarry in this state. 



byCoOglc 



Eepoet of the Commissioneb OS Labob, 1911. 325 

S 132. nndergTOund workings to be equipped with bead house and doora.^ 

Every underground working where the depth exoeeda forty feet ahall b* 
equipped with a proper head house and trapdoors. 

t 133. lAines and tunnels to be equipped with wash-rooma. — Every mine, 
tunnel or quarry employing over twenty-five men Shall maintain a suitably 
equipped and heated wash-room, which shall be at all tikes accesaible 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. 

g 134-a. Hours of labor,— All work in the proseeutloa of which tunnels, 
caissons or other apparatus or means in which compressed air is employed 
are used shall be conducted subject to the fallowing restrictions and regu- 
lationa: 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 aquare 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 presaure provided he 
shall during such period return to the opea 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 one hour 
between each such period. When the air pressure in any such compartment, 
caisson, tunnel or place shall equal thirty-si;L pounds to the square inch 
and shall not equal forty-two pounds to the square inch, no such employee 
shall be permitted to woi'k or remain therein more than four hours in any 
twen^-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 
■uch period; when the air pressure in any such compartment, caiaaon, tunnel 
3T 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 preaaure in any such compartment, caisson, tunnel or place shall equal 
forty-six pounds to the square inch and ahall 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, auch two hours to he divided into 
periods of one hour each, with an interval of not less than four hours between 
each such period; no employee ahall 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 ia being done 
to atmosphere of normal pressure, without passing through an intermediate 
lock or stage of decompression, wbich said decompreaaion shall be at the rate 
of three pounds every two minutes unless the presaure shall be over thirty-sfz 
pounds, in which event the decompression shall be at the rate of one pound 
* ■D,g,t,zecbvGOl.)g[c 



226 New York State DErAKTMENT of Labor. 

per minute. Initiuments shall be fitted in all caiaeons and air locks showing 
the actual pressure preTailing. lidded by L. 1909, oh. 291.] 

% 134-b. Medical attendance and legulations. — Any person or corporation 
earrTing on any work in the prosecution of which tunnels, caissons or other 
spparatuB or means in which compressed air is employed a.re 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 du.1; qualified persons to act 
*■ medical officer or officers who ehall be in atteoidance at all times while 
such work is in progress and whose duty it shall be to administer and strictlj 
«nforce the following: 

(a) No person shall be permitted to work in compressed air until after 
he shall have been examined by such medica.1 oMcer 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 hava 
been re-examined by the medical officer and his physical condition reported 
H 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 
■hall be permitted to work in compressed air. 

(d) No parson not having previously worked in eompresaed 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 he re-examined and not permitted 
to work unless his physical condition he 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. 

(t) The said medical officer shall at all times keep a complete and fall 
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 con^Iition at the time examined, also 
tiv» 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- 
Tided 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 medical and 
surgical equipment. Such lock shall be in charge of the medical officer. 
{Added ly L. 1909, ch. 291.] 

I 134-c. Penalties. — Every person who, or corporation which, shall violatft 
or fall 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- 



byCoOglc 



Repoet of tue Commissioner of Labob, 1911. 227 

tired and fiftj* dallara or impriaonmeiit for one year or both. [Added 6y L. 
1SU9, ch. 291.] 

i 135. Enforcement of aitide. — The commisHioner of labor may serre a 

written notice upon the owner, agent, manager or leasee of a mine or tunnel 
requiring him to comply with a specified proTision of this article. The com- 
misaioner of labor shall begin an action in the supreme court to enforce 
compliance with such proviaion; and upon auch notice as the court directs an 
order may be granted, restraining the working of auch mine or tunnel during 
such time as may be therein speciSed. 

i 136. AOmission of inspectoia to mines and tnnneU.— The owner, agent, 
manager or lessee of a mine or tunnel, at any time, either day or night, 
shall admit to auch mine or tunnel, or any building uaed 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 necestary 
aaaiatance for such inspections. 

ROLES AND REOHLATIOHS PRESCRIBED BY THE COHUISSIOflSR OF LABOR. 

IBu authority of Bettioni 120 oxd 129 aiave.J 

fOB UINB8 AND QUABBIB8. 

■apnlDtandent. — I. Tbe mine superintendent shall par partfculsr attention to 

dtsclpllDe. All iDspectioDB sball be reported to him. Be shall see that all th« 

ptoTlslons of tbe law and of these rules are enforced In bis mine. He shall 

watch all work done b; contractors to see that the; compi; witli the law and 

Sallr laspaetton. — 2. Tbe superintendent shall designate a competent person, 
who shall each da; make an Inspection of all mining appUaoces, bolIerH, engines, 
magazines, sbafta. ahafthouacB, anderground workings, roofs, pillars, timbers, 
explosives, bell-ropes, telephones, operating tubes, tracks, ladders, etc.. and report 
sn; defects to the superintendent, In writing, at once. 

Boilers. — S. Superintendents shall reqnire a strict compliance With | 12< of 
the Labor Law regarding boiler Inspection. Boilers shall be examined dall;, and 
an; Imperfections reported to tbe master mechanic or superintendent at once. 

TlmberlDf. — 4. Timber shall be of ample size and strength and shall be used 
freely and wherever there la any chance of danger. Only new or properly sea- 
soned timber shall be used, and shall be Inspected carefully for rot or other detects 
before using and periodically thereafter. 

Ati. — D. The DSe of air Instead of steam for drilling In all nndeivrannd 
workings Is advised. 

Signals, — 6. Special attention shall be given to tbe matter of signals and to 
keeping tbe appllaaces therefor In order. The bell line shall be of ample streDgth 
and kept free and clear ot all rock and timbers. Shatts of 400 feet or over ahall 
have speaking tabes or telephones from the foot of the shaft to the engine-room. 
A code of signals shall be posted at different pacts of tbe workings and particu- 
larly at tbe sbaftbead, together irltb a notice of a penalty for wrong signals. 
Wrong signals should be severely punished. 

Ladderways. — T. Ladders shall be strong and Intact. In vertical shafts and 
In deep pitching Inclines there should be landlngB not more than twenty feet apart, 
and closely covered except a hole large enough for a man to pass to tbe next 
ladder. In Inclines, there shall be a hand-rail attached to the ladder, and wher- 
ever possible stepa should be uaed with hand-rail etteched. 

The shaft. — S. Tbe sbafthead shall be covered and gnarded so as to prevent 
iccldents from persons falling Into It, or from foreign objects dropping down. 
Automatic doors should. In most cases, be need. The manway shall be around 
■na not across the sbafthead. Tbe timbering of the shaft shall be sounded and 



bjGoogIc 



228 New York State Dkpabtmemt of Laboe. 

tiamlned oftcD, an It decaf s rapidly uodec certsln coodltloDB. Inalde ibafti, 
winzes, and Bbntea ahall be carelully Knarded. Wbun niaOag or conllnulng a. 
■haft below levels where the work of mining la helng carried on, tbe collars at 
the lower level shall be covered to prevent objecta from railing down the abaft, 
and anch covering ahouM be compoeed of tlmlier not leas than tour Inches Id thlck- 
Deaa; and where a cage la nsed a boaiiet shall be placed over It. 

HoIitlDB euglnaeri. — 9. SuperlDtendenta ahall ase eitraordinar; care to see that 
their engineers are meatall; and phfalcallf Qaallfled tor tbelr positions. Where 
peraong are lowered Into or hoisted out ot a mine, engineers shall be not less than 
21, otherwise not lesa than IS years ot age. They ahall never delegate the control 
ot the machinery to any other peraon. and no one shall Interfere with them In 
tbelr duties. 

10. The holflling engineer ahall be In conatant attenaance at his engine or 
boilers whenever there are workmen underground. 

11. The engineer shall not permit any one to enter 
room except thoae required by their positions or duties ti 
no conversation with anyone while the engine Is In motion or while bis attention 
should he occupied with signals. A notice (o that effect shall be poated on tho 
door of the engine bouae. 

12. The engineer mast thoroughly understand the cade ot slgnala, which must 
be delivered In the engine room in a clear and cnmlataltable manner; and when 
he receives a signal that men are in the cage or carriage he mnat work hia enslne 
with extra care and only at a moderate rate of speed. 

13. The engineer or some other speciflenlly designated and properly qualified 
employee must keep a careful watch over tbe engine, hollers, pumpa, copea and 
winding apparatus, and see that bollera are supplied with water, cleaned and 
Inspected at frequent Intervals and that the steam ptesaure does not exceed tbe 
prescribed limit; end be shall frequently try the safety valves and shall not In- 
crease the weights thereon. He shall aee that the steam and water gauges are 
alwaya In good order, and It any o( the pumps, valves or gauges Itecome deranged, 
he ahall promptly report the facta to his superiors. 

Holitlng maahlaery. — 14. Machinery used tor lowering or raising employeea 
Into or out ot minea and stairs Tor Ingress and egress shall be kept In a sale 
condition and Inspected each twenty-faur hcura by a competent person especially 
designated tor that purpose. 

15. The operator, or superintendent shall provide and maintain from the top 
to the bottom of every shaft where persons are rained or lowered, a telephone Or a 
metal tube suitably adapted to tbe tree passage of sound, through which conversa- 
tion may be held between persona at the top and bottom of aald shaft, and alao 
other meana ot signaling from the top to the bottom thereof, and shall provide everr 
cage or gear carriage used for hoisting or lowering persona with a proper aatetj 
catch and with a sufficient overhead covering to protect them while using It. 
And he shall aee that the fianges. with a clearance of not leas than four Incbea 
where the whole of the rope la wound on tbe drum, are attached to the side ot 
the drum ot every machine that la used for lowering and hoisting persons : that 
adequate brakes are attached to the drum, and that safety gates ars ao placed 
at all shafts as to prevent persons fcom falling In. 

IH. The main governing chain attached to the socket ot the wire rope ahall 
be made of the best quality of Iron and shall be property tested; and the bridle 
chain shall be attached to the hoisting tope above the socket from the top cross- 
piece ot tbe carriage or cage so that no alngle chain sball be used for lowering 
or hoisting persons. 

IT. No greater number of persons shall be lowered or hoisted at any one tlma 
than may be allowed by the Commissioner of Labor; and notice ot the mazlmnm 
number allowed to be lowered or hoisted at any one time shall be kept postsd la 
a conspicuous place at the top ot the shaft. 

Sangeions machinery. — 18. All machinery about mines from wbleb any acci- 
dents are liable to occur shall be suitably guarded or railed off. 

rire. — 10. All oil waste, candtea, etc., sball be atored at a safe distance from 
tbe boller-honse, engine-room and shatthouse, and a quantity ta water shall ba 
stored at such place to guard against flre. All ahattbousea shall have smpla 



byGOl.)g[c 



Kbpobt of the Commibsionkk of Labor, 1911. 229 

Ore prateetlon, aod tlie appltancei sbe]l be k«pt to conditloa for Instant use. All 
mining plants using steam sboutd have a. hoae attached to the Injector oi feed 
pipe lor QBe in caae of Bee, 

Htorinr BxploslTsi,^ 20. A!! eiptoBivea sbRll be stored In a magazine pto- 
vided for that purpose, and located (ar enough from the worlting-glialt, slope or 
tunnel, boiler-houae, or engine-room, bo that In case the whole quantity should be 
^[ploded, there woald be no danger, and all eiploslTes In eicess of what are 
needed for one shift aball be kept in the magazine. Such magasine should b« 
dreproof, 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 tor use. The hot water or steam both device should be used. Dry heat 
shall never be used. A receptacle for carrying eiploslves 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 chargeH. One 
man aball have full cbarge of the magazine. (See further the special rules (or 
haodllng dynamite below.) 

BlaitlDf. — ^1. All blasUDg shall be done by one man Mid bis helper, desig- 
nated by the superintendent for tbat purpose. After blasting no one else «bal) 
be allowed In that part of the mine until the blaster bas made a personal eiamlaa- 
tlon 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 leas than three bours . 
tbereafter unless and until the blaster has made & peraonal eiamlnation and pro- 
nounced " all safe." No peraon shall use or bandle any eiploslves wbo Is ad- 
dicted to the use of Intoxicants. All tamping ot high explosives shall be done 
with a wooden bar. Timely and sulBeient warning shall be given when a blast Is 
about to be Bred. 



Storing and keeping. — 1. Dynamite muit be stored In a building separate and 
Isolated from otber buildings and from traffic. Cap* and electric eiptoders and 
foaea must never be stored In tbe same bnllding with the powder, bat must always 
be kept apart until needed for preparing the charge. 

Moving. — 2. When dynamite la haaled In wagons, railway trains, mine cara or 
similar vehicles, the greateat care must be eierclsed, and neither percasalon caps, 
exploders, fnlmlnators, friction matcbes nor any otber article of like nature shall 
be loaded In the same wagon, ear or vehicle. 

Thawing powder. — 3. All nltro-glycerlne eomponnda fieeia and become hard at 
about 42 degrees Fahrenheit, In which condition tbey will not readily explode. 
Wben large Quantities are to be used, a separate bulldlog for thawing should bs 
Qtted with a small steam radiator. Use only eihanst steam for heating it, U 
possible keeping the temperature of tbe rooma at about 80 degrees Fahrenheit. In 
tbe part of the room farthest from the radiator, place the powder on racks to 
than. When but small quantitiee need to be thawed, a thawing kettle may be 
used, being two water-tight kettles (one smaller and placed inside the other), tbe 
cartridges placed In tbe smaller kettle, the space between the two kettles Blled 
with hot water of from 120 to 130 degrees Fahrenheit, and the kettle Btted with 
a cover to retain the heat. Never place the kettle over the Are to heat. When 
more bot water Is required, empty and fill again with hot water. Never attempt 
to thaw the powder by placing It In bot water or exposing It to tbe direct action 

PTMantion*. — 4. Powder must luver be placed on. In or near hot steam pipes, 
steam boilers, a hot atove, nor any bot metal, nor exposed to radiated beat from 
a Hre or hot stove. Never roast, toast or bake It In any way, nor take It near a 
blacksmith forge. Never allow smoking or Bre of any description, nor leave any 
loose caps or fuse near It. 

Preparing a oharge — 5. Cut a piece of safety fuse to tbe right length and 
carefully Insert the fresh cut end In a blasting cap. See tbat the cap Is free 
from any particle of sawdtiet before Inserting tbe fuse. PreBS the fuse gently Into 
the cap as far as it will go. Crimp the open end of tbe cap tightly around tbe fuse 
with ft pair of cap-nippers, but under no conaidecation disturb tbe (ulmlnate or 



byCoOglc 



230 New York -State Depaetmekt of Labor. 

BIlliiS Id tbe cap. Then open one «nd of the cartridge carefully, and with a sharp 
ened lead pencil br pointed wooden stick, make a hole la the powder, Insert the 
capped end of the fuse, being careful to aee that at least one-foatth of an Inch of 
the cap remelDs out of the powder. Then draw The paper eloael; about the fuse 
and tie in with a strong cord. 

OharglnB the dilU-hoIe, — 6. Having properly prepared tbs cartridges (being 
lure that none are Frozen) push them gently to the bottom ot the drilled bole nitb 
a wooden Htick, putting the capped cartridge on top. 

Tamping. — T. Having placed tbe required quaotlty of powder In the bote, cover 
with alz or eight Inches of looae tamping, press It down firmly with a wooden 
■tick, after which the hole may be tamped to the top, ramming the tamping down 
bard. Never use an Iron or metai bar. Wood Is alwaya eufflclent. 

Ifliflre. — 8. In case of mlsQres, never attempt to remove the tamping or draw 
the charge; always drill a new hole. 

FOR THE DAILY GUIDANCE OF SHFLOTBES. 

1. No employee shall ride on any loaded skip, car, cage or bucket nor walk up 
or down any elope, or shaft, while any skip, car, cage or bucket la above. 

2. The pit boss eball carefully eiomlne the hanging wall ot all elopes, levels 
and working chambers dally. 

3. Machine tiiuners shall carefully eiamine and sound hanging wall at face 
working, and remove all looae rock or ore before proceeding to drill. 

4. No employees shall handle any explosives nor do any blaatln); eicept the 
person or persons designated for that special purpose by the superintendent. 

5. After blasting no one except tbe blaster or blasters shell be allowed In tile 
part of the mine where such blast baa been fired, nntU the blaster has made a 
personal eiamlnatlon. and pronounced all safe. 

6. No iron or steel bar, unless tipped with sli Inches of copper or other soft 
metal, shall be used for tamping any eiploslve. When tamplnff dynamite, or other 
high ezploslvea, wood only shall be need, 

T. Tlie mine superintendent or person designated by him abail eiamlne dally all 
mining appliances and see that they are la safe condition. 

8 Whenever a shot mlsacs Qre no one shall be allowed to return to that part ot 
the mine In less than three hours, anless and until the blaster after a personal 
examination efaall pronounce all safe, 

B. No person addicted to the use of Intoxicating drink shall have charge of any 
•xplosives. boiler, engine or hoist, nor shall any person be allowed Id any part ol 
the mine while under tbe Influence of liquor. 

FOE WORK OF EXCAVATION AND CONSTRUCTION OF TUNNELS CARBIEO 
ON IN COHPRBaSBD AIR.— BUPPLBUBNTING If 134-a nod 134-b. 

Wbere practicable each bulkbead In tbe tunnel ahall have at leaet two locks 
In perfect working condlUoD. 

The man lock shall be large enough so that those nting It are not compelled 
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 contala a pressure gangs 
nnd a timepiece, and shall have a glass '■ bull's-eye " in each door or In each end. 

Valves must be so arranged tliat the locks can be operated both from within and 
from without. 

Each man lock shall be In charge of a competent lock tender. 

LiQHT, Sanitation and Veniiultioh ih Am Chambbb. 

All lighting In compressed air chambers shall be by electricity only, except In 
caeee •>! 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 tbe air chambers. 



byCoOglc 



Repoet of the Commissionbb of L&bob, 1911. 231 

An alr-Buppty pipe ghall b« carried bb near to the fB«c m may be pnctleabia 
and necessary. The B[r sball be analyzed at least once in every forty-elgfat honrs, 
and the persentage oC CO, shall not be greater than 1/10 of one per cent abora 
that of the air being compressed. 

The eihaust yalTea shall be operated at certain iotetTBls, CBpeciallr after a 
blast, and men shall not be required to resume work after a blast tmtll the sai 
and smoke have cleared sufficiently. 

Persons la the air chamber must bs able ' to comnaulcat* with tba power- 
house on the surface by means of suitable dcTlcea at all tlm«l. 

Id addition to the gauges In the locks, an accurate gauge shall be malntalBld 
oa the outer side of each bulkhead, "nieae gauges shall be accessible at all times 
and Bhall be kept In accurate working order. 

SAnm SCBDBHS. 

Where practicable, safety screens shall be Installed aft«T the heading has pro- 
ceeded beyond the bulkhead line. 

Gdndbal. 

A record of all men working In the air cbsmbers shall b« kept by a ipadal 
man who eball remain outside the lock near the entrance. This record shall (how 
the period of Btay in the air chamber of each persoD and the time taken for 
detompresalon. 

A liberal supply of hot coffee and sugar shall be supplied to men working In 
compressed air. CoSee must be heated by means other than direct steam. 



aectioD 140. Chtcf niedl&tor. 

141. Mediation and InTestlgatlon. 

142. Board of mediation and arbitration. 

143. Arbitration by the board. 

144. Decisions of board. 
140. Annual report. 

148. BubmlsstOD of coQtrorersles to local arbitrator*. 

147. Consent ; oath ; powers o( arbitrators. 

148. Decision ot arbitrators. 

I 140. Chief mediator. — There shall continue to be a bureau of mediation 
and arbitration. The second deputy commisaioner of labor sball b« the chief 
mediator of the state and in immediate charge of this bureau, but ■ubjeet 
to the supervision and direction of the commissioner of lahar. 

C/. I 42, ante. 

I 141. Uediation and inveatieation. — Whenever a strike or lockout oeouri 
or is seriously threatened an oflicer 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 oontroveriy. 
If the commissioner of labor deems it advisable the board of mediation 
and arbitration may proceed to the locality and inquire into the cauM 
thereof, and for that purpose shall have all the powers conferred upon it In 
the case of a controversy submitted to it tor 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 otSceis of the department of labor to be from time 
to time designated by the commissioner of labor. The chief mediator when 



byGOl.)g[c 



232 New Yoek State Dbpabtmbht of IjABOR. 

pKMnt aliall be the cheirmaii of the board. Two membere of auch boftrd 
•hall eoiutitute a quorum for the traosaction of business, and ma^ hold meet' 
ings at anj time or place within tbe state. Examinations or investigatiDnf 
ordered by the board maj be held and taken b; and before any of their 
number, if so directed, but a decision rendered in euch a cose ehall not be 
deem«d conclusive until approved by tbe board. 

I 143. Arbitration by the board. — A grievance or dispute between an em- 
ployer and hia employees may be submitted to the board of arbitration and 
mediation for their determination and settlement. Such submission ehall be 
in writing, and contain a statement in detail of tbe grievance or dispute and 
the cauM thereof, and alao an agreement to abide the determination of the 
board, and during the inveatigatian to continue in business or at work, 
without a lockout or strike. Upon such submisaion, the board shall examine 
tiie matter in controversy. For the purpose of such inquiry they may sub- 
pcena witnesses, compel their attendance, take and hear testimony, and 
call for and examine books, papers and documents of 'any parties to the con- 
troversy. Subpcenas shall be issued by the ehairman under the seal of tbe 
department of labor. WitneHses shall be allowed the same fees as in courts 
of record. The decision of the board must be rendered within teu days after 
the completion of the investigation. 

I 144. Deciaiona 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 ea/ih party of tbe controversy. Every 
dedaloa and report shall be filed in the office of the board and a copy thereof 
served upon each party to the controversy. 

I 145. Annual report. — The commissioner of labor shall make on annual 
report to the legislature of the operations of this bureau. 

I 146. Submission of controversies to local arbitrators. — A grievance or 
dispute between an employer and his employees may be submitted to a board 
of arbitrators, consisting of three persons, tor hearing and settlement. When 
tb» employees concerned are members in good standing of a labor organiza- 
tion, one arbitrator may be appointed by such organization and one hy the 
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 duty called tor that purpose, may desig- 
nate one arbitrator for such board. 

f 147. Consent; oath; powers of arbitrators. — Before entering upon his 
duUes, each arbitrator so selected shall sign a consent to act and take and 
subscribe an oath to faithfully and impartially discharge bis 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 bearing shall be given to the 
parties to the controversy. The hoard may, through its chairman, subpcena 
witnesses, compel their attendance and take and hear testimony. The board 
may make and enforce rules tor its government and the transaction of the 
business before it, and fix its sessions and adjournmenta 



bjGoogIc 



Kepokt of the Commissionbb of Laboe, 1911. 233 

{ 148. Dedalon of arlritrators. — The board sball, within ten daja after ttie 
close of the hearing, render a written decision signed by them giving such 
details ae clearly show the nature of the controverej' and the queatioiu 
decided by them. One copy of the decision shall be filed in the ofiBce of the 
clerk of the county or counties where the controverBj arose and on* copy 
■hall be trajiemitted to the bureau of mediation and arbitration. 

ARTIOLB XO-B. 
Barena of IndiutrleB MBd ImmlKrB'tioB. 

[Added hv L. 1610, oA. 6U.1 
Bt'ctloQ 161. Bnreau of Industries and ItumlsratloD. 
152. Special InvrstlKators. 
IS^, General powers and duties. 
164. Proceedings betore the conimlBBloner of labor. 
IGS, RegiatrBtloD and reports ol employment ^enclea. 
IBS. Keports. 

15G-a. The Ucensing and regulaUon of ImmlgTsnt lodging places, lidded 
f» 1911.1 

J 151. Bnieau of industries and immigration. — There shall be a bureau 
of induBtriea and immigration, which shall be under the immediate charg* 
of a chief investigator, but subject to the supervision and direction of th« 
commissioner of labor. 

Cf. I 42, anti. 

I 152. Special investizatora. — The commiSNOner of labor may appoint from 
time to time not more than twelve persons as special investigators, not mor* 
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. Bach 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. 

i 153. General powers and duties.— ~ 1. The commissioner of labor 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 
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 aliens as. shuU 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 agenciee deigned to aid 
in the distribution and employment of labor; and to devise and carry out 



byCoOglc 



234 New York State Department of Labor. 

aueh other suitable methods as will tend to prevent or relieve congeBtion and 
obviate unemployment, 

Z. The comttiiHBioner 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 reepectivw localities within the state to which said children 
■ball 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- 
aioaer of education and with the several boards of education and school com- 
miHionere 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 jjovemment, 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 princi- 
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 
law's applicable to private bankers dealing with aliens and laborers i 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 snch 
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 snch 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 philantbropic societies as shall be organized for the purpose of 
securing employment for or aiding in the distribution of alieoa, 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, 
crimes and exploitation; shall investigate any and all complaints with re- 
spect to irauda, extortion, incompetency and improper practices by notaries 
public, interpreters and other public officials, and present to the proper au- 
thorities the results of such investigation for action thereon; shall investi- 
jate 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. 

I 154. Proceedings before the commissioner of labor. — Any investigation, 
inquiry or hearing which the commissioner of labor has power to undertake 
ar to hold may by special authorization from the commissioner of labor be 



D.g.tizecbvGoOgle 



Eepoet ov the Commissionek op Laboe, 1911, 235 

undertaken or held by or before the chief investigator, and any decision ren- 
dered on Buch investigation, inquiry or hearing, when approved and confirmed 
by the commisaioner and ordered filed in Lis office, 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 comniiBBioner; and in all investigationB, inquiries or hearings the com- 
miaaioiicr 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 bo, upon 
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 tiling 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- 

I 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 
asflocifttion conducting such agency, the street and number of the place where 
the same shall he 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 tho 
office thereof a full record of the country of the birth of those for whom 
places or 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 are secured shall be sent, the occupa- 
tion for which employment shall be secured, and the compensation to be paid 
to the person employed. The books and records of every such agency shall 
at all 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-flve dollars, and for every subsequent offense by a fine of 
not less than twenty-five dollars, nor more than one hundred dollars, or by 



byCoOglc 



286 New Yoek 'State Department of Labok. 

impriBonment for not more than thirty days, or by both such fine and im- 
prisonment. 

I 16fi. Heports. — The eoiiiiHissioiier of labor shall make an annual re^iort 
to the legislature of the operation of this bureau. 

§ 156-a. The licensing and regulation of immigrant lodging places.^ 1. 
No peraon shall hereafter, directly or indirectly, own, conduct or keep an 
immigrant lodging place without having first obtained from the commia- 
Bioner of labor a license therefor. Before receiving such license the ap- 
plioant therefor shall file with the commissioner of labor, in such form aa 
he may prescribe, a statement verified by such applicant, or if said applicant 
is a corporation, by one of its officers, designating the location of the immi- 
grant lodging place for which a license shall be requested, and specifying 
the number of boarders or lodgers received by said applicant at any one time 
during the year preceding such tLpplication at the piece for which a license 
IB Bought, or if no husineBs shall have previously been conducted at said place 
the maximum number of boarders or lodgers which it will accommodate. 
With such application there shall be presented to tbc commissioner of labor 
proof of the good moral character of the applicant, and in case such ap- 
plicant is a corporation, of its officera, and in addition thereto a bond to 
the people of the state of New York, with two or more Mireties or of a 
surety company approved by the commissioner of labor, conditioned that 
the obligor shall obey all laws, rules and regulations applicable to such 
immigrant lodging place prescribed bj' any lawful authority, and that such 
obligor shall discharge all obligations tend pay all damages, loss and injuries 
whicih shall accrue to any person or persons dealing with such licensee, 1^ 
reason of any contract or other obligation of such licensee or resulting from 
any fraud or deceit, conversion of property, oppression, excessive charges, or 
other wrongful act of said licensee or of hie servants or agents in con- 
nettion with the business so licensed. Where the number of boarders or lodg- 
ers specified in said application shall not exceed ten persons the penalty of 
said bond shall be one hundred dollars,' where it shall be more than ten 
and less than fifty persons it shall be two hundred and fifty dollars, and 
where the number shall be more than fifty it shall be five hundred doUars. 
Any person af^grieved may brinp an action for the enforcement of such bond 
in any court of competent jurisdiction. On the approval of the application 
tor said license and of the bond filed therewith the commissioner of labor 
shall issue a license authorizing the applicant to own, conduct and manage 
an immigrant lodging place at the place designated in the application aiid 
, to be specified in the license certificate. For aueh license the applicant 
shall pay to the oommissioner oi labor a fee of five dollars where the 
number of boarders or lodgers stated in the application does not eiceed 
ten, a fee of .ten doUars where such number exceeds ten and does not exceed 
fifty, and a fee of twenty-five dollars where such number exceeds fifty. Such 
license shall not be transferable without the consent of the commissioner 
of labor, nor authorize the conduct of an immigrant lodging place on any 
other premises than those described in the application. Such license shall 
be renewable annually on the payment of a fee based on the maximum 
number of boarders and lodgers received by the licensee at the place licensed 
during the preceding year. The commissioner of labor shall keep a, book or 
books in which the licenses granted and the bonds filed shall be entered in 

D,g,t,zecbvGOl.)g[c 



Repobt ov the CoMMiaaiOHEB OF Labob, 1911. SSt 

Alpbabetio&l order, together with a statement of tbe date of tha issuance 
of th« license, the name or names of the principals, the place where the 
bumneeB licensed is to be transacted, the names of the sureties apon the 
bond filed and the amount of the license fee paid by the licensee. 

2. Every licensee shall keep conspicuously posted in the public rooms and 
in each bedroom of the place licensed a statement printed in the English 
language and in the language understood by the majority of the patrons of 
■aid place, specifying the rate of charges by the day and week for lodging, 
for meals supplied, for the transportation of passengcra aud baggage, the 
services of guides, and other service rendeied to euch patrons. No sum 
shall be charged or received by or for the licensee in excess of such posted 
rBt«B for any service rendered, and payment shall not be enforceable for 
any charge in ezceM of such rates. A copy of the rates so posted shall be 
filed by the licensee with the commisuoncr of labor, and no increased rate 
•hall be charged or received until a revised schedule showing such increase 
■hall have been filed with the commissioner of labor. Bvcry such licensee 
shall likewise file with the comntissioner of labor a list specifying the 
names and addresses of every person employed by such licensee as a runner, 
guide or other employee, and showing whether such person is employed 
at a salary or on commission. 

3. A license granted hereunder shall be revocable by the oommissioner of 
labor on notice to the liceusee and for cause e^hown. 

4. The term immigrant lodging ptape as usi'il in thi^ spctir>n includes any 
pl>ace, boarding house, lodging house, inn or hotel where principally immi- 
grants or emigrants while in transit, or aliens are received, lodged, boarded 
or harbored, which shall not include any place maintained or conducted by 
a charitable, philanthropic or religious society, association or corporation. 
Nothing cootained herein slioll be held to apply to temporary sleeping 
quortersi in labor or construction camps. 

5. Any person or any oftlcfir of n corporation owriinf;, conducting or 
mamkging an immigrant lodging place without having obtained from the 
eommissitHier of labor a license therefor, or who shall carry on such busi- 
ness after the revocation of « license to carry on such business, or who 
shall viokito any of the provisions of this section, shall be guilty of a 
misdemeanor. 

6. n» Moense fees collected hereunder shall be paid to the comptroller 
and shall constitute a fund to be used in the joint discretion of the comp- 
troller and commissioner of labor lor the expenses necessary for carrying 
out the provisions of this section. {Added by L. 1911, ch. 845.Q 

ARTIOI.B 11.1 
BmploTincnt of 'Women itnd Children in Mercitnttlc £ftlab II aliment ■■ 

[NOTK, — Vn»l Octoher 3, IPOS, the enforcement o/ this article evcrvmhere icoi 
(n the handi of local Boards of health. On Octoher I, 1008, ea/orcemeat in ritiea 
of the flrtt cUiti teas trans/erred to the Department of Laior ; elsewhere enforce- 
ment remain* a* before (| 172.) Son-compiiance with its proviaione ii a mlsde- 
meanor {Penal Laic, | IZTS, iiibd. T, poatf.l 

Section 160. Application of article. 

101. Hoars of labor of minora. 
161-a.. Hours of labor of messengers. 
162. Bmplajment of cblldren. 



ubjGoOgIc 



New Tobk iState Depaetment of Xabob. 



168. ■WaEh-rooma and w«ter-cloB 
160. LiiDch rooms. 

170. SeatB (or women In mercai 

171. Employment 

172. Enforcement ol arllclB. 

173. Copy of Rrtlcle 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 
ft population of three thousand or more. 

S 161. Hours of labor of minors. — No child under the age of sixteen years 
shall be employed, permitted or suffered to work in or in connection with 
any mercantile estahlishment, business office, or telegraph office, restaurant, 
hotel, apartment-house, theater or other place of amusement, bowling alley, 
barber shop, shoe-polishing establishment, or in the distribution or trans- 
milrioD of merchandise, articles or mesaagea, or in the distribution or sale 
of articles more than six days or flfty-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. The foregoing provision 
shall not apply to any employment prohibited or regulated by section four 
hundred and eighty-five of the penal law. No female employee between 
sixteen and twenty-one years of 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 houra 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 between the eighteenth day of 
December and the following twenty-fourth day of December, both inclusive. 
Not less than for^-flTe minutes shall be allowed for the noonday meal of 
the employees of any such esta-blisment. Whenever any employee is em- 
ployed or permitted to work after seven o'clock in the evening, euch emplojse 
shall be allowed at least twenty minutes to obtain lunch or supper between 
five and seven o'clock in the evening. [As Am'd by L. 1911, ch. 866.] 

Compare i 77, ante. 

§ 161-a. Hours of labor of messengeis.— 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, oft, 342.] 

Compare Article 15, fioat, as to employment of children in ntreet trades. See 
also Penal Law, g 4S8. under Cuild LabOe, poet. 

% 162. Employment of children. — No child under the age of fourteen 
years shall be employed or permitted to work in or in eonneoMon with any 



byGoogIc 



Rbpobt OS THE CoMMisaioNEE ow Labob, 1911- 289 

m«rcaj]tile or otlier bxisineea or establislnnent specifiei] in tbe preceding 
section. No child under the age of sixteen yeara shall be bo employed or 
permitted to work unless an employment certiGcate, issued as provided in 
tills article, shall bave been theretofore filed in the office of tlie employer 
at the place of employment of such child. [A« Am'd hy L. 1911, oK. 866.'] 

Compare | TO, ante, nnd Education Lav, )! 626. 628, Dad«r Child Liboh, pait. 

j 163. Employment certificate; how issued. — Such certificate shall be issued 
bf 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 il 
to be employed, or by such officer thereof as may be designated by such 
board, department or commieaioner 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 be has received, examined, 
approved and filed the following papers duly executed, vis.: 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* 
lowing 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 l-aw with a registrar of vital statistics or other oflScer 
charged with tho duty of'recording births which certificate shall be conclnaive 
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 othei; 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 
sucli 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 said subdiTiaions can 
be produced, then and not otherwii^e he shall present to the board of health 
of which he is an officer or agent, for its action thereon, a statement signed 
by him showing such facts together with such affidavits or papers as majr 
have been produfed 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. 



bjGoogIc 



240 New Yoek State Dbpaktment op Labob. 

(e) Physioiana' certificates.— In cities of the firat class only, in case appli- 
cation for the issuance of an employment certificate shall be made to auch 
officer by a. child's parent, guardian or custodian who alleges hia inability 
to produce any of the evidence of age specified in the preceding subdivisions 
of this aection, 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 facta 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 audi physidans' certificates, 
for an examination to be made of the statementa 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 otberwise the officer may direct such child to appear thereafter for 
physical examination before two physicians oiScially 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 opiniona of such physicians do not concur, the child shall be enamiued 
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 hie 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 
er 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 ibsuing the certificate, and until such officer shall, 
aftar 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 ite 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 
ofBeer of the board or department of health. Every auch 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 1 11, ant«, and notes. False statement In relation to the certificate or 
application tberelor Is speclBcallr denouQced as a mUdemeanor by amendment to 
the Penal Law, I 1276, subd. 8. 

I 104. Contents of ceitiflcate. — -, 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 disting^uishing facial marks of such child, and 



byCoOglc 



Repoet op the Commissioner of Labob, 1911. 241 

that the papers required by the preceding aection have been duly examined, 
approved and Sled and that the child luuned in such certificate baa appeared 

before the ofllcer aigniog the certiScate and been examined. 

Ideotlcal with | 12, ante. 

I Iflfi. School tecoid, what to contain.— The school record required by tbli 
article ahall be signed by the principal or chief executive officer of the school 
vrbicb Bach child has attended and shall be furnished on demand to a child 
entitled thereto or to the board, department or commissioner of health. It 
■hall contain a statement certifying that the child has regularly attended the 
public HChoola or schooU equivalent thereto or parochial schoola for not leas 
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 la able to read and write eimple seu- 
t«nc«s 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 fchool record shall also ^ve the date of birth and residence of the 
child as shown on the records of the school and the name of its parents oi 
guardian or custodian. 

Identical with t 73, ante. Compare J 630 of Education Law, poat. 

CSectlon 166 providing tor summer vacation cettiflcates was repealed by L. 1911, 
ch. sse.i 

i 167. Segistry 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 iti 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 ofBcer of the board, 
department or commissioner of health of the town, village or city where a 
mercantile or other eatabUsbment mentioned in this article is situated, or 
if such establishment is situated in & 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, th.il such employer shall either furnish him, within tpn days, 
evidence satisfactory to him that such child is in fact over sixteen years 
of age, or shall ceaM to employ or permit or suffer such child to work in such 
establishment. The officer may require from sucli 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 
fumiah any further evidence of the age of the child. A notice embodying 
mcb demand may be served on such employer personally or may be sent 



byCoOglc 



242 New Yokk State Depaktmewt of Labob. 

by mail addressed to him at said eitablislimeiit, and if urred bj post tliall 
be deemed to have been served at the tirae 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 oflBcer 
of sneh corporation, or by sending it by post addressed to the office or the 
principal place of business of such corporation. The papers constituting such 
eridence 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 cities of the first daes with the com- 
missioner of labor, and a material false statement made in any such 
paper or affidavit by any peraon 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 commiseioner 
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 suffer 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 sunh 
evidence ahall 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. i 70, anto. 

S 108. Wash-rooms and water-closets. — Suitable and proper wash-rooms 
and water-closets shall be provided in, adjacent to or connected with mer- 
cantile establishments. Such rooms and closets shall be so located and ar- 
ranged ss to be easily accessible to the employees of such establdshments. 

Such watcr-elosets 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 shall be separate from those assigned to 
the ma'e employees. 

If a mercantile establishment has not provided wash-rooms and water- 
closets, as required by this eection, the board or department of health or 
health commissioners of the town, village or city where such eatablishmenit 
is situated, unlets such establishment is situated in a city of the first 
ctuss, in which case the commissioner of labor shall cause to be served upon 
tlie owner, agent or lessee of the building occupied by such establishment a 
written notice of the omission and directing such owner, agent or lessee to 
comply with the provisions of this section respecting such wash-rooms and 
"■ater closets . 

Such owner shall, within fifteen days after the receipt of suob notice, cause 
such wash-rooms and water-closeta to provided. [A« am'd by L. 1011, ch. 
866,1 

Ct. 1 88, ante. 

i 169. Lunch-rooms. — if a lunch-room is provided in a mercantile estab- 
lishment where females are employed, such lunch-room shall not be naxt 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 whidi case such permission 
must be obtained from the commissioner of labor. Buch permission shall be 
granted unless it appears that proper sanitary conditions do not exist, uid 



byGOl.)g[c 



Rbpoet of the CoMMisaiosER OB Labob, 1911. 243 

it may be revoked at any time hj the board or department ef healtli m 
health commissionere, if it appears that such lunch-TOom is kept in a maimer 
or in a part of a building injurious to the health of the emplojees, unless 
such eatablishment is situated in a city of the first class in which case said 
[>erinisaiou may be so revoked by the commissianer of labor. 

i 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 prMM' 
vation of their health. If the duties of the female employees, for the use ot 
whom the seats nre furnished, are to be principally performed in front of ■ 
counter, table, desk or Usture, such seats shall be placed in front thereof; 
if such duties are to be principally performed behind such counter, table, deak 
or fixture, such seats shall be placed behind the same. 

Cf. S 17, oBle. 

I 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 unlees it appears that 
such basement is not sufficiently 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 he begun within sixty 
days after the alleged offense was committed. All oiHeers 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 oHicer from making such visitations and in- 
spections, nor shall he he 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 hoard or department of health of said 
cities of the first class fhall continue to issue employment certificates as pro- 
vided in section one hundred and sixty-three of this chapter. 

i 173. Copy of article to te 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 employe^ who are affected by Its proviiiOBS. 



244 New York State Department of Labob. 

ARTICLB 12- 
Bnpean ot Mercantile 'Inspect ton. 

Section 180. Mercantile Inapectora.* 
181. Deputies. 
IS 2. General powers and duties, 

183. Reporta. 

184. Laws to l>e posted. 

S 180. Heicsntile inspector. — There shall be a bureau of mercantile inspec- 
tiijD, which shall be under the immediate charge of a, mercantile inspector, 
!iut subject to the direction and supervision of the commissioner of labor. 
The mercantile inspector shall be appointed and be at pleasure removed hy 
the commissioner of labor, and shall receive such annual aalarj not to exceed 
tliree thousand dollars as may be appropriated therefor. [As am'd by L. 1910, 
ch. 516.] 

Cf. S 42, ante. 

% 181. Deputies. — The commissioner of labor may appoint from time to 
time not more than t«n 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 
(lian 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 
tbe third grade an annual salary of one thousand five hundred dollars. 

I 182. General powers and duties.— !. The commissioner of labor may 
divide the cities of the first class of the Btat« 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 
inepect 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 authorise any deputy commissioner or 
aitfistant 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 
vliiss where any labor is performed which is effected by the provisions of 
article eleven of this chapter, and may enter any mercantile or other eetab- 
liahment specified in said article, situated in cities of the first class, when- 
<'Ver 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 
Hi>d inspected the mercantile and other establishments specified in article 
eleven of this chapter situated in cities of the first class, as oft«n 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 
tiidition to the provisions of this chapter and not in conflict therewith, may 
be enforced by the commissioner of labor in citiee of the first class. 

* So In originaL 

DigmzedbyGoOglc 



Report of the Commissioner of Labor, 1911, 345' 

i 1S3. Reports.— The commiBsioner of Ubor shall make an annual report 
to the legislature of the operation of this bureau. 

f 184. Laws to be posted. — A cop; or abstract of the applicable pTovisions 
of t^is chapter, to be prepared and furnished by the commiSNoner of labor, 
shall be kept posted bj 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, vherein three or more person* 
are employed who are affected by such provisions. 

ARTICLE! 18. 
Convict-made Oooda and Dntlea of CommlBaloiier ot Labor Relatlre 



[Compare ! 620 of the Penal Law, post. 8ee aleo "ubject PniaoN Lisoa, post. 
Ae to conettiutionalliy eee People v, Seattle, 96 App. Die. 38S ; People ex rel. 
Appel V. Zimmerman, 102 ipp. Div, 103; People «. Ho«fcin«, 157 7f. F. 1 ; and 
People ex rel. FhUlipe v. Raynes, 13S App. Dip. 417, oj'd 19S A". F. iiem. 5a. 
AUo CoB«(j(iilion, art. 3. J 29, under Pbisoh LiaoB, poei,] 

Section 190. License for sale of convIct-mBde goods. 

191. Revocation of license. 

192. Annual statement ot licensee. 

193. LebellDg and marking convict-made goods. 

194. Duties of commissioner of labor relative to vlolattans ; Baei upon 

convictions. 

195. Article not to apply to goods manutactared for use of state or a 

municipal corporation. 

% 190. License for sale of convict-made gooda.— No person or corporation 
shall Bell, or e>:po5C for sale, any convict-made goods, wares or merchandise, 
either by sample or otherwise, without a license therefor. Such license moy 
be obtained upon application in writing to the comptroller, setting forth the 
residence or 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, eitecuted by two or mire responsible citizens, or 
some legally incorporated surety company authorized to do business in this 
state, to be approved by the comptroller, in the sum of five thousand dollars, 
and conditioned that such applicant will comply with all the provisions of 
Jaw relative to the sale of convict-made goods, wares and merchandise. Such 
license shall he for a term of one year unless sooner revoked. Such person 
or corporation shall pay, annually, on or before the flfteentb day of January, 
the sum of five hundred dollars as a license tec, into the treasury ot 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 

Ttae requirement of a license as in this section Is n a constitutional : People 
ei rel. PmiLpe y. Rajn^r. 138 App. DIt. 417, aff'ii 198 N. Y. Mem. 39. 

Products of labor of prisoners In this state not to be sold : Const,, art. III. 
I 29, post. 

I 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 



=rih,G00j^[c 



246 New Yoek State Department of Labor. 

goods, wares or tnercliandise; eucli revocation sbatl not be made until after 
due Dotice to the licensee so complained of. For the purpose of this Bectioa, 
the comptroller or any pprson duly appointed by him, may administer oathe 
and Bubpcena witnesaea and take and hear testimony. 

i 102. Annual statement of licensee. — Each person or corporation ho 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 tlie 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 Lc has sold goods, wares and merchandise, and 

3. In general terms, the amount paid to each ot such agents, wardens or 
keepers,, for goods, wares or merchandise and the character thereof. 

i 193. Labeling and marking convict-made goods. — All 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 aa 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 establishment in which the article branded, labeled or marked 

Such brands, labels and marks shall be printed in plain English lettering, 
of the style and size known as great primer Roman condensed capitals. A 
brand or mark shall be used in all cases where the nature of the article will 
permit and only where suth 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 bos, 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 merciandise shall be sold or exposed for 
sale without such brand, mark or label. 

The reqalremcnt of branding ot goods from other states was held nncon- 
■titntional in 1S98 In People v. Hawkins, 357 N. Y. 1, 

9 194. Duties ot comniissioner of labor relative to violations; fines upon 
convictions. — -The commissioner of labor shall enforce the provisions ot this 
article. If he has reason to believe that any of suci 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 
Buci violations. 

Upon the conviction of a person or corporation for a violation of thia 
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. 

Of. Penal Law, | 030, poat. 



byCoOglc 



Eepoet of the Commissiohek of Laboe, 1911. 247 

I 165. Article not to apply to goods manufactured foi use of state oi a 
manldpal corporaUon.— Nothing in tliis article shall apply to or affect the 
manufaeture in state priaons, reformatories and penitentiaries, and furnisb- 
ing of articles for the use of the offices, departmentB and institutions of the 
state or anf political division thereof, as provided by section one hundred 
flfty-eight, one hundred seventy to one hundred seventy-five, both inclusive, 
one hundred seveuty-aeven, one hundred seventy -eight, one hundred eighty- 
one, one hundred etgbty-three, one hundred eighty-five, one hundred eighty- 
six, one hundred eighty-nine, and one hundred ninety-one of the prison law. 

article: 14. 



lln the CMB of roflicov emplajieea there ihould te read with thli articls lection 
Q4 of the Railroad Lav: given nnd«r Dutigh asd Liabilitibs of Euflotkbs ahd 

EUFI.OYBI1S, post.] 

Section 200. Bmplorei's tlabllit; for Injuries. 
201. Notice to be serred. 

S02. Aaaumptlon o( risks ; contributor; neElltence, when a question of last. 
202-a, Trial ; burden of proof. 

203. Defense ; Insurance fund. 

204. Existing rights of action continued. 

205. Consent b; employer and employee to compensBttoD plan. 
200. Llabllltr to pay compensatloii ; notice of accident. 

207. Amount of compeoBatloD ; persons entitled ; pbyslfal examination. 
20S. Settlement of disputes. 

209. Prerereuttal claim; not aaalgDable or subject to Bttactiment; attor- 

210. Cancellation of consent. 

211. Repotls of compenaatlon plan. 

212. Reports by employer. 

{ £00. EmploycT's liability for in}nTi«S. — When personal Injury is caused 

to an employee wlio ia 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 cue 
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 
■eivice of the employer nor engaged in hie 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 



byCoOglc 



248 Kew York State Depaktment of Laboe. 

or administrator of a, deceased employee, suing under the provieionB of this 
article. If an employer enters into a contract, written or verbal, with an 
independent contractor to do part of such employer's work, or it such con- 
tractor enters into a contract with a Hubcontractor to do all or any part o( 
the work comprised in auch 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 auch 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 conditioa [As am'd by L. IfllO, ch. 352.] 

i 201. Notice to be aetved. — No action for recovery of compensation for 
injuty or death under this article shall be maintained unless notice of the 
time, place and c.iuse of the injury is given to the employer within one 
hundred and twenty dnys 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 "^hall be in writing and signed by the person injured 
or by some one in his behalf, but if from physical or mental incapacity it 
is impoaaible for tlie 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 hia death without having given such notice, his execu- 
tor or administrator may give auch notice within sixty days after his appoint- 
ment, but no notice under the provisions of this section shall be deemed to 
be invalid or insutflcient 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 si^ction 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 ot businiss, and if served by post shall be 
deemed to have bten served at the time when the letter containing the same 
would be delivered in the ordinary courae of the post. When the employer is 
a corporation, notice shall be served by delivering the same or by aending it 
by post addressed to the office or principal place ot busineas of auch cor- 
poration. [As am'd by h. 1910, ch. 352.] 

S 202. Aaaumption of risks; contributory negligence, when a question of 
fact. — An employee by entering upon or continuing in the aervioe of the 



byCoOglc 



Report of the Commissionee of Labob, 1911. , 249 

employer shall be preiumcd to have aaBeiit«d to the necessary riske of the 
occupation or e»ip!oyment and no others. The necessary risks ot the occupa- 
tion OT eirtpl»ymeait shall, in all cases arising after this article takes effect, 
be conhidered aa 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 3aws 
affecting or regulating such buainesa or occupation for the greater safetg" of 
such eraployees. In an action hrought to recover damages for personal Injury 
or for death resulting therefrom received after this act takes effect, owing 
to any cau&e, including open and visihle 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 persMial 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 bis legal rep- 
resentative, shall not be entitled under this article to any right of compensa- 
tion or remedy against the employer in any case where such employee knew 
of the defect or negligence which caused the injury and tailed, 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 bad 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 h. 1910, eft. 3S2.] 

i 202-a. Trial; burden of proof. — On the trial of any action brought 1>y 
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 
tha defendant. [Added hy L. 1910, eft, 352.] 

i 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 this article such proportion of the pecuniary benefit 
which has been received by such employee from sucb 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 tbe employer from llabilftr Is 
void. Jabnston t. Fargo, as President ot tlie American Bipresa Company, 184 
K. Y. 379 (ISOe), aff'g 88 App. Di.. 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 suck right of action, nor shell the failure to give the notice provided for 
in section two hundred and one of this article be a bar to the maintenance 
of a suit upon any such existing right of action. 



byCoOglc 



250 ' New Toek State Depaetment of Labob. 

i 205, Consent by employer and emplayee to compensation plan.— When 

and if any employer in this state and any of his employees shall consent to 
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 talcing the ach^o^^'ledgnlent 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 expired or been canceled 
as hereinafter provided, such employee, or in case injury to him results in 
death, his executor or administrator, shall have no other right of action 
against the employer for personal injury or death of any kind, under any 
statute or at common law, save under the plan so consented to, eicept 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 shall 
be affected or lost by his consent to the plan, if such employee, 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 proTided 
in section two hundred and six hereof. The commencing of any legal 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 hia 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 railroail corporation, foreign or domestic, doing business in 
this state, or a receiver thereof, or to any person employed by such corpo- 
ration or receiver. [Added 61/ f,. 1910, ch. 362.] 

I 206. Liability to pay compensation; notice of accident. — If personal in- 
jury by accident arising out of and in the course of the employment ia 
caused to the employee, the employer shall, subject as hereinafter 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 employer shall not 
be liable in respect of any injury which does not disable the employee for 
a period of at least two weeks from earning full wages at the work at 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 been given to 
the employer as soon as practicable after the happening thereof and before 
the employee has voluntarily left the employment in which he was 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 such death or re- 
moval of such physical or mental incapacity, or in the event that weekly 



byGoogle 



Report of the Commissioner op Laboe, 1911. 251 

payments have been made under the plan, vithin six months after such 
payments have ceased; but no want of or defect or inaccuracy of a notice 
shall be a bar to the maintenance of proceedings under the plan unleBS the 
employer proves that he is prejudiced by auch 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 niay 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 h. IDIO, eft. 352.] 

i 207. Amount of compensation; persona entitled; physical exainiiuition. — 
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 bo pay- 
able under the plan, in case of death of the injured employee, shall he 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. iVhereTotal or partial incapacity tor 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 be 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 average daily earnings on full time for such leas 
period. 

In Using 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 



D.g.tizecbvGoOglc 



252 New York 'State DEPdKTMENT off Laboe. 

weekly payments under the plan is required, if requested by the employer, 
to submit himself for examination by a duly qualified medical practitioner 
or Burgeon 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 
case 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 aa 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 
comioittee or guardian. [Added hy L. 1910, eft. 352.] 

I 20S. 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 "jjmpensation under the plan in 
any court having jurisdiction thereof as on h 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 sura 
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 by the surrogate's court by which such executor or ad- 
ministrator is appointed, in accordance with the terms of this article an 
petition of any party on such notice as such court may direct. [Added by 
L. 1910, ch. 352.] 

E 209. Preferential claim; not assienable or subject to attachment; attor- 
ney's lee. — 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 id 
vrriting 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 by L. 1910, eft. 



bjGooglc 



Kepokt of the Comsiissionee of Labor, 1911. 253 

I 210. Cancellatioii of cement. — When a consent to the plan eliall liave 
been filed in the ofQca of the county clerk as herein piovided, it shall be 
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 effect- 
ive only if served personally or sent by registered letter to the last Icnown 
post-oltice 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.] 

S 211. Reports of compensation plan. — Each employer who shall sign 
with any employee a consent to tlie 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-oilice address, (b) the name of the employee and his last known post- 
ofGce address, (c) tbe 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 tbe employee shall not bs 
a bar to any proceeding at law commenced by the employee against tbe em- 
ployer. [Added by L. 1910, ch. 3ri2.] 

t 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 the 
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 tbe 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 affidaTita. [AdAed 6y L. 
1910, ch. 352.] 

ARTICLE! 14-B, 
'WoFbmeu'a CompenaBtton In Oeptalu OBiMCe>^ova HmplorsieiktB, 

tfi« Court 0/ Appeala In 



Application of article. 

DeSnICions. 

Basis of liability. 

RlgbtB of action not aCTe 

Notice of accident. 

Scale ot compensation. 

Medical eiaml nations. 

Incompetency of workmai 
9-d. Settlement of disputes. 
9-e. Preterences and eiemptla 
9-1. AttomeyB' Hens. 
.9-E. Llabllltr of principal 

I 216. Application of article.— This article shall apply only to workmen 
•ngaged in manual or mechanical labor in th« following employments, eaeb 



DigitueAby Goodie 



254 New Yoek State Dei'aetment of Labok. 

. of which ia hereby determined to be especially dangerous, in which from 
the nature, conditions or means of proaeetition of the worl; tlierein, ertraor- 
dinary liaku to the life aiid limti of ivoiknicn engaged tlierein 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 apecificationa 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 tor 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 ears are operated. 

7. The construction of tunnels and subways. 

8. Ail work carried on under compressed air. 

I 218. Definitions. — 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. 

f 217. Basis of 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 
is 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- 
•pect 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. 



D.g.tizecbvGoOglc 



RePOET Off TUB CoMMiaSIONEE OF LiBOE, 1911. 255 

and every exieting right of action for negligence or to recover damogeB for 
injuries resulting in death is continued, and nothing in this article shall be 
construed aa timiting such right of action, but in case the injured workman, 
or in eyent of his death hia 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 auch 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 elfect. fn case after such injury the workman, 
or in the event of his death hia executor or adminiatrator, shall commence 
any action at common law or under any statute other than this article 
against the employer therefor be shall be barred from alt benefit of this arti- 
cle in regard thereto. 

I 218. Hotice of accident.^No proceedings for compehsation 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 be 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 
imless the employer proves that he is prejiidiced 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. 

i 21B-a. Scale of compensation. — The amount of compensation shall be in 
ease 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 esceeding one hundred dollars. 

Whatever sum may be determined to 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 persona to whom the expenses of medical attendance and hujial 
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- 



byCoOglc 



356 New York State Depaktment of Labor. 

capacity, aubjeot as herein provided, equal to fifty per centum of hie average 
weekly earningB when at work on full time during the preceding year during 
which he shall have been in the emploj'ment of the same employer, or if he 
shall have been in the employment of the eame employer for leas than a 
year, then a weekly payment of not exceeding three times the average daily 
eamingg on full time for such Jess period. In fixing the amount of the 
weekly payment, regard ehall be had to the difference between the amount 
of the average earninga of the workman before the accident and the average 
amount be 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 IB 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 y£ars from the date of the 
accident. 

S 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 qualilied 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 after the Injury, and 
thereafter at intervals not oftener than once in six weeka. 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. 
I 219-c. Incompetency of workman. — In caee an injured workman 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 it 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 
BO long as said incompetent workman has no committee or guardian. 

S 2IQ-d. Settlement 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 aa herein provided. In case 
the employer fail to make compensation as herein provided, the injured 
workman, or bis 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 



bjGoogIc 



Repokt of the Commissiokke of Labob, 1911. 2S7 

action shall b« conducted in the eame jnuner aa actions at Uw for tke re- 
covery of damage! for nagligence. The judgment in such action if in favor 
of the plaintiff shall Hs for a sum equal to the amount o( payments then 
due and pTospectively due under this article. Buch action muat be com- 
menced within six months after the happening of tiie 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 months after the removal thereof, or in the 
event of weefcly payments by the employer hereunder, within six monthx 
after such payments have ceased. In such action by an executor or adminis- 
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 ttis article, 
on petition of any party interested on such notice as such conrt may direct. 

I 21d-e. Preferences and exemptions.— Any person entitled to weekly pay- 
ments under this article against any employer ahall have the same prefer- 
ential claim therefor against the assets of the employer as allowed by laiv 
for a claim by such person against such employer for unpaid wagM or per- 
sonal services. Weekly payments due under this article shall not be assign- 
able or subject to levy, execution or attachment. 

i 210-t. Attorneys' lleni.— No claim of an attomey-at-law for any con- 
tingent interest in any recovery under this article for serviaes 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 case the same be tried in any court, by the jus- 
tice presiding at such trial. 

i 21U-g. Liahlity of principal contraotois.— 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 :t 
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 eubstituted 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 whioh are otherwise under his control or management. 



D^gitizec-bvCoaglc 



New York State Depaetment off Labob. 



article: id. 

BmpIormeBt of Ohlldreu In Street* Timdea, 

Section 220. Prohibited employment ot children In street trade*. 
221. Permit and badge for newsboys, how ISBDed. 
2'22. Contents of permit and badge. 

223. Begulatlona concerning badge and permit. 

224. Limit or hours. 

22E. Enforcement ot article. 

226. Violation ot this article, how punished. 

i 220. PioMbited employmeiit of children in street trades. — No male child 
under ten, and no girl under siiteen years of age, shall in any city of the 
first or second class sell or expose or offer for sale newspapers, magasines or 
periodicals in any street or public place. 

i 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 articlei 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 ofRcially designated by such board for that purpose, on the appli- 
cation of the parent, guardian or other person having the cuitody 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 lile, nor . shall such permit or 
badge be authority beyond the period fixed therein for its duration. After 
haWng received, examined and placed on tile such papers the officer shall issue 
to the child a permit and badge. I'rincipala or chief executive officers of 
schools in which children under fourteen years are pupils shall iLeep complete 
lists of all children in their schools to whom a permit and badge as herein 
provided have been granted. 

i 222. Contents of permit and badge. — tiuch permit shall state the date 
and place of birth of the child, the name and address ot its parent, guar- 
dian, custodian or next friend, as the case may be, and describe the color of 
hair and eyea, the height and weight and any distinguishing facial nwrk of 
such child, and shall further state that the papers required by the preceding 
section have. been luly examined and fiied; and that the child named in such 
permit has appearea 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 
■neh permit, and every such badge on its reverse side, Shall be signed in the 



D,g,t,zecbvGOl.)g[c 



Rbpobt op the Commissioneb of Labor, 1911. 259 

presence of the officer iseuing the same hy the child in whose name it i« 
issued. 

i 223. BesulatJoiis concerning badge and peimit. — The badge provided for 
herein shall be worn conspicuously at all times by such child while so work' 
ing; and all such permits anil badges shall expire annually on the fiMt day 
of January. The color of the badge shall be changed each year. No child 
to whom Buch permit and badge are issued shall transfer the same to any 
other pereon nor be engaged in any city of tbe first or second class as a 
newsboy, or shall sell oi expose or olTer for sale newspapers, magazines or 
periodicals in any street or public place without having conspicuously upon 
hia person such badge, and he shall exhibit the same upon demand at any 
time to any police, or attendance officer. 

I 224. Limit of hours.— No child to whom a permit and badge are issncd 
as provided for in the preceding sections shall sell or ezpoae or offer for sale 
any newspapers, magazines or periodicals after ten o'clock in the evening, or 
before six o'clock in the morning. 

5 225. Enforcement of article.— In cities of the first or second class, police 
officers, and the regular attendance olficers appointed by the board of educa- 
tion, who are hereby vested with the powers of peace oiBcers for the purpose, 
shall enforce the provisions of this article. 

I 220. 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 ofi'er 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 ot 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 tlie 
principal or chief executive officer of the school which such child is attend- 
ing, or upon tbe complaint of any police officer or attendance officer, and 
such child shall surrender the permit and badge so revoked upon the demand 
of any attendance officer or police officer charged with tbe 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 sale of 
newspapers, magazines or periodicals in any street or public place hy 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. 

ARTICLE! le. 
LaiTB Rrpealedi When to Tak* Ba*et. 

Section 240. I -aw a repealed. 

241. WheQ to take effect. 

i 240. Laws repealed. — Uf the laws enumerated in the schedule hereto an- 
nexed, that portion specified in the lost column is hereby repealed. 
I 241. When to take effect.— This chapter shaU take effect inunediately.* 



• r*bniai7 17, IMS. 



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New Yoek State Department of Labor. 

SCHEOuiB OF Laws Befealbd. 
' Chapter Section 



:, part BUBpsndiog operation of L. 1S67, 

Ch. 969, I 10, last two sentences 
, part amending L. 1807, Cli, MB 



All, except g 21, as added b. L. 1S8T, 
Ch. 462, i i 



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Rbpokt of the Commissioner of Laboe, 1911- 



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New York State Department of Labok. 



Lkwi of 


Chapter 


1«06 


... 178 


I9M 


... 216 


1006 


... 276 


1006 


, ,. 316 


1908 


... 366 


1B06 


... 370 


1806 


,,. 401 


1906 


... 4B0 


1906 


... 606 










1907 


... 286 


1907 


... 291 


190T 


. . . 399 


1907 


... 418 






1907 


. .. 490 


1907 


... 505 


1907 


... 507 






1907 


... 627 


1008 


... 80 


1908 


... 174 


1908 


... 426 


1908 


... 442 


1008 


.. 443 


IBOB 


. .. 520 



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PENALTIES FOR VIOLATION OF THE LABOR LAW. 

The Penal Law, Chapter 40 or the Consoudato) Laws. 
{ 620. UuUwfui dealitiK in convict made Koods. — A person who: 

1. Sella or expoBea for sale convict made goods, wares or morchsndiM, 
without a license therefor, or having Buch licEiue does not transmit to tli<! 
secretary of state the statement required by article thirteen of the labor 

2. Sella, offers for sale, or has in bis 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. 

Ct- notes with || 190 and 163 of the Labor Law, ante. 

ARTICI.E 120. 



Section 12T0. Befasal to admit ioBpector to mtaes, tuanels. and quarries; faJlure 
tft complT with requlremeDts o( Inspector. 
12T1. Uonrs ot labor to be required. 
12T2. Farment of wages. 

12TS. Failure to farnlgh ecats (or temale em)jto;Ges. 
1274. No fees to be chargea tor aervtces rendered by free public employ- 

1276. Violation » of provisions ot labor law, 

1278. NegllgeDtly (urnlshlng Insecure scaffolding. 

12T7. Neglect to complete or plSnh Boors of baltdings coDBtmcted In cities. 

1278. Fraudulent repre»oatatlon in labor organlzatlona 

I 1270. Kefusal to admit inapectoi to mines, tunnels, and quairies; failure 
to comply with, Tequiiements of inspector. — A person: 

1. Refusing to admit the commisBioner of labor, or any person authorized 
by him, to a mine, tunnel or quarry, and to each end 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 commtHsioner of labor, 

Ib guilty of a misdemeanor, and upon conviction therefor shall be punished 
by a fine of not less than fifty dollars, or by imprisonment for not less than 
thirty days. 

i 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 



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264 Narw Yobk State Department of Labok. 

wkoM main Itna of traTtl or rontM Us prlndpallr within tiie eorporat* 
limit* of dtiM of mora ibta on* hondrad thonaand Inliabitanti ; or, 

3. Wto shall require the emploTaaa of a Mrporation owning or operating 
a brickyard to work contrary to the raqniremeata of wetion five of the labor 

4. Who shall require or permit any employee engaged in or connected with 
the movement of any train of « corporation operating a line of railroad of 
thirty milee in length, or over, in whole or in part within this state, to 
remain on duty more than sixteen consecntive honre ; or to require or permit 
any such employee who has been on duty sixteen coneecutive hours to go on 
duty without having had at least ten hours off 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 off duty within such twenty-four hour period ; 
except when by casualty occurring after sueh employee has started on bis 
trip, or by unknown casualty occurring before he started on his trip, and 
except when by accident or unexpected delay of trains scheduled to make 
connection with the train on which such employee is serving, he is prevented 
from reaching his terminal; 

Is guil^ of a misdemeanor, and on conviction therefor shall be punished 
by a fine of not less tbrnn five hundred mr more than one thousand dollars 
for each offuiae. 

It any contractor with the stete or a municipal corporation shall require 
more than eight hours for a day's labor, upon conviction therefor in addition 
to snob fine, the contract ahall be forfeited at the option of the municipal 
corporation. 

See II 3--8 of tbe Labor Law, ante. 

I 1272. Payment of wages. — A corporation or joint stock aesoctation or 
pereon carrying on the business thereof, by lease or otherwise, who does not 
pay the wages of all ite employees in accordance with the provisions of the 
labor law. Is guilty of a misdemeanor, and upon eonviction therefor, shall be 
&ned 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 
offense. [Aa am'd by L. 1009, ch. 205.] 

See IIS and 10 of the Labor Law, a«t>. 

{ 1278. Failnro to fnmish seats for female employees. — Any person employ- 
ing females In a factory or mercantile establishment who does, not provide 
end maintain suitable seats for the use of such employees and permit the 
use thereof by anch employees to such an extant as may be reasonable for the 
preservation of their health, is guilty of a misdemeanor. 

See II 17 and 170 of Labor I«w, ante. 

I 1274. No fees to be chained for services tendered 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 tor help or eniploy- 
nicnt, is guilty of a misdemeanor. 



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Repoet OS' The CommIssIonee of Labor, 1911. 26;") 

i 127S. VioUtleiM of pioviiioiu of labor Uw.— A117 persos who violaUa 
01* does not comply with ; 

1. The proTJfioni of uticle thrM oi the Ubor Isw, Telating to the depart- 
ment of labor; 

2. The provjaione of article four of the kbor law, rehtUng to the bureau 
of labor atatiatins; 

3. The provdaiona of article Sve ot the labor law, relating to the bureau 
of factory mapeRt.ion: 

4. The proviaioiiB of article tnx ot the labor law, relaitiiig to factories i 

5. The proviaiona of article seven ot the labor law, relating to the mNtu- 
fucture of articlea in tenementB; 

6. The proviaiona of article eight of the labor law, relating to bakeriea and 
confectionery eatabliahmenta; 

7. The proviaiona ot article eleven of the labor law, relating to meroantdle 
eatabliahmenta, and the emplofmeut of WMnen «iid ehildren therein; 

8. And any peraon who knowingly makes a false stotemeat in or in relation 
to any appkcation made for an employment certificate as to any matter 
required by articles six and eleven of the labor biw to appear in ray Affidavit, 
record, tranacript or certificate therein provided for. 

Is guilty of a misdemeanor and upon conviction shall be ponirtied for a 
flrat offense by a floe of not less than twenty nor more than fifty dollara; 
for a second offense by a fine of not lesa than fifty nor more than two hundred 
and fifty dollars, or by imprisonment for not more than thirty daya or by both 
such fine and impriaonment; for a third offense by a fine of not leaa than two 
Hundred and fifty dollan), or by imprisonment for not more than eisty dtiys, 
or by both such fine and imprisonment. [As am'd by L. Iflll, ch. 740;] 

I 1270. Negligently furaishing 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 struotuie within 
thia state, who knowingly or negligently furnishes or areata or eanaas to be 
furnished or erected for the performance of such labor, iinaate, unsuitable 
or improper scaffolding, hoiata, staya, ladders or other meohanioal contiiv- 
ancea; or who hinders or obstructs any officer detailed to inspect the aaioe, 
destroye or defaces any notice, posted thereon, or permits the use thereof 
after the same has been declared unsafe by such officer eontrary to the pro- 
visiona of article two of the labor law, is guilty of a rolademeonor. 

See fl 16 and 19 of the Labor Law, ante. 

i 1277. Neglect to complete or plank floors of hniliUngs constniotad in 
cities. — A person, constructing -a building in a city, as owner or eontraotor, 
who violates the proviaiona of article two of the labor law, relating to the 
completing or laying of floors, or the planking of sneh floors or tiers of 
beama as the work of eonatruetion progresses, is guilty of a misdemeanor, 
and upon conviction therefor diall be punished by a flne for eaeh offense 
of not less than twenty-five nor more than two hundred dollars. 

See i 20 of the Labor Law, oaM. 

I 127S. Frandnlent representation In laboi orgaointioiiB.— [See under 
Tnua UnoRB, pott.'i 



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CHILD LABOR 

[The employment ol cblldr«n during the school seaaloDS Is resnlated b; Artld« 
23 at the Education Law, printed below. 

The employment ot ctitldren In factories Is resuIaXed by Article 6 of the Labor 
Law, ante; In Btores. botele, offlcee, etc.. by Artlcli! 11. ante, and In the selllos o( 
m-wspapera by Article 15, ante. 

Article 44 ot the Peoal Law (II 480-403). entitled "Children." contains pro- 
vlalana relative to the employment ol cblldren In occupations danEorons to health 
gr morals. Certain ot tbeee sections are printed below. See further I 1S»2 of 
the Penal Law prohibiting the employment at minors under IS as telegraph oper- 
ators an railroads ; and the Liquor Tai Law. 1 30-f, forbidding girls to sell or 

As to reglstratdon of blrtbs. rrom nblch evidence of a child's attainment of the 
legal aie of employoieut la derived, aee Public Health Law, i 22.] 

ESITCATIOH&l BEBTBIOIIOVa. 

CoupuLSOBT Education Law: Abticle 23 of Chaptke 16 or the ConsoLi- 
DATED Laws. 
lEnaciea bt/ ih. 140 of Lafc$ of lOlC 

i 630. InsUuction requited. The instruction required under this srtide 
sliall be: 

1. At a. public school in which a.t least the six common eohool branchea of 
reading, apelling, writing, arithmetic, English language and geography are 
taught in English, 

2. Elsewhere than a public school upon instruction in t'he same subjects 
taught in English by a competent teacher. 

§ 621. Required attendance upon instruction,: — ]. Every child within the 
compulsory sfhool ages, in proper physical and mental condition to attend 
school, residing in a city or ichool district having a papulation of 6000 
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 lets 
than 160 days of actual school. 

(b) Each child between 14 and IS 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 moi'e and employing a superintendent of 
schools, shall attend upon instruction as many days annually between the 
first day of October and the following June aa 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 9 and 14 years of age. 

(b) Knch child between 14 and 16 years of age not regularly and lawfully 
engaged in any useful employment or service. 



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Report of the Commissionee of Laboe, 1911. 267 

E 822. When a boy is required to attend evening scliOOL— Every boy be- 
tween 14 and 18 years of age, in a. city of the first cldBS or a city of the 
leeond class in poaaession of an employment certificate duly issued under tlie 
proviaions 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- 
t*y school or the preacademic certificate issued by the Regents or the cer- 
tificate of the completion of an elementary course issued hy 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 18 weeks or upon 
a trade school a period of eight hours per week for 16 weeks in eaeb 
school or calendar year, 

i 623.. Instruction elsewhere than at a public school.— If any such child 
shall BO 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. 

I 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 5000 or above, every 
child between T and 16 years of age as required by section 821 of this act 
unless an employment certificate shall have been duly issued to such child 
under the pTOvisions of the labor taw and he is regularly employed there- 

2. Elsewhere than in a city or school district having a population of 5000 
or above, every child between 8 and IS years of age, unless such child 
sball 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 office, 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 830 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. 

{ 825. 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 ereeeding |IS, or five days' imprisonment, and for each subsequent offense 
by a fine not exceeding $60, or by imprisonment not exceeding 30 daya, 



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268 New Yobk State Dkpabtmbnt of Labob, 

or b7 both luoh flna and iropritonmeiit. Courts of Bpedftl aewion uid polieo 
mKgutrates Hh&ll, subject to remoT&l aa provided in sectiont G7 and 68 of . 
the Cod« of Criminail Procedure, have exclueive jurisdiction in th« first in- 
stance to hear, tr; and determine chargea of violations of this section within 
their reapectiT* jurisdictions. 

I 020. Unlawful employment of children and penalty therefor.— It shall 
be unlawful for any person, firm or corporation: 

1. To 'employe any child under fourteen years of age, in any business or 
service vhatevei, for any part of the term during which the public schools 
of the district or city in which the child residee 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 Id 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 tu 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 030 of thi^ chapter. 

3. To employ any child between 14 and 10 years of age in a city of 
the first class or a city of the second class who does not, at the tim^ 
of such employment, present an employment certiScate, duly issued under 
the provisions of the labor law. 

I 827. Bmplojrei must display record certificate and evening certificate. — 
The employer of any child between 14 and 10 years of age in a city of the 
first class or a city of the second class shall lieep and shall display in the 
place where such child is employed, the employment certificate and also hia 
evening school certificate issued by the school authorities of said city or by 
an authorized representative of auch school authorities, certifying that the 
said boy is regularly in attendance at an evening school of said city as 
provided in section 091 of this chapter. 

I OSS. Punishment for unlawful en^loyment of children. — Any person, 
firm, or corporation, or any officer, manager, superintendent or employes act- 
ing therefor, who shall employ any cliild contrary to the provisions of sec- 
tion 020 hereof, shall be guilty of a misdemeanor, and the punishment there- 
for shall be for the first offense a fine of not less than 920 nor more than 
960; for a second, and each subsequent offense, a fine of not less than $60 
nor more than fSOO. 

ConstltutlonaUty afflrmed [a Cltf ol New York v. Chelaea Jnte Mills, 43 Ulsc. 2Sa. 

I 02S. Teachers must keep record of attendance.— An accurate record of 
the attendance of all children between T and 16 years of age shall be kept 
by the teacher of every school, abowing each day by the year, month, day 
of the month and day of the week, auch attendance, and the number of 
hours in each day thereof; and each teacher upon whoae 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 tlw ei^ or 

• So In orliliiaL 

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Repoet of the C0MMIS8I0NEK OF Labor, 1911. 260 

diitriet, who at»,j itupeet or copj the aame; and every aucli t«BclieT ahall 
fully uiswer all inquiries lawfully made by aiich authorities, inspectors, or 
other periona,. uid a. wilful neglect or refusal so to answer atiy such inquiry 
•ball be a Kiisd«meuior. 

I 630. School record certificate.— I. A school record certiflcs.t« ahall eon- 
tain a statement certifying that a child has regularly attended the public 
schools, or schools equivalent thereto, or parochial schools, tor not less than 
130 days during the 12 months next preceding his I4th birthday or during 
the 12 months next preceding his application for such school record, and that 
he is able to read and write simple tentsnceA 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 alwll 
iwne a aobool record certificate 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 flrst class by the principal or chief executive of a school. 

b. In all other cities and in school districts having a population of 6000 
or more and employing a superintendent of schools, by the superintendent 
of schoote 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, 

i esi. Evening 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 of 
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 
14 weeks or attendance upon a trade school for at leaat 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. 

I 032. 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 pay remove at pleaauie 
one or more attendance officers of such city or district, and shall 3x their 
compensation and may prescribe their duties not inconsistent with this 
article and make rules and regulations for the performance thereof; and the 
superintendent of schools shall supervise the enforcement of this article 
within such city or school district. 



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270 'New Yokk State Department of Laboh. 

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 attendajnca 
officers, whose jurisdiction shall extend over all school districts in said town, 
and which are not by this section otherwise provided for, and 11x111 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 commisBJoner district such town is situated. 

f 633. Anest of truants.— I. The attendance officer may arrest without a 
warrant any child between 7 and 16 years of a^e who is a truant from 
instruction upon which he is lawfully required to attend within the eity 
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, OT, in 
case of habitual and incorrigible truants, shall bring them before a police 
magistrate for commitment to a truant school as provided in section 636. 

2. The attendance officer shall promptly report such arrest and the dispo- 
sition which be 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 eatablishment 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. 

I 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 or disorderly durinR 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 tnianta 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 
authorities may prescribe, for a period not exceeding two years; but in no 
case shall a child be so confined after he is 16 years of agt. 

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 



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Kepokt of the Commissionee of Labor, 1911. 271 

controlled by perBons 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 Bvch child, upon such terms as to compensation as may be agreed 
upon between such authorities and sucli private school, orphans' home or 
similar institution. 

t: 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 ofScer as they 
may designate. In case the person in parental relation to such chifd estab- 
lishes to the satisfaction of the coiui; that such child is beyond his control 
such child shall he proceeded against as a disorderly person, and apon con- 
viction thereof, if the child was lawfully required to attend a public school, 
the child shall be sentenced to be confined and maintained in such truant 
school for a period not 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 he 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 religions faitb 
as the persons in parental relation to such child, which is willing and able 
to receive, confine and maintain juch child for a teaaonable 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 inatmction 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 coat 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 otlier eaaes 
shall be a county charge. 

I S36. Enfoicement of law and withholding the state moneys by Cammts- 
doner 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 
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 wittiheld, tlie moneys so 
withheld shall be paid over by said Commissioner of Education to aucb dis- 
trict or dty, otherwise forfeited to the state. 



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2T2 New Yohk State Defaktmbnt of Labob. 

OXXTAItf XKPIOTIIENTB OF OHILDKZH ntOHiaiTES. 

Peital Law, Chapteb 40 or Consolidated Laws. 

I 483. Endangerint; life oi health of child. — A peraon vho: 

1. Wilfully cauHSB or permite the life or limb of any child actiiaUy or 
apparently under the ego of lixteen years to be endangered, or its healtti to 
be injured, or its morals to become depraved ; or, 

2. Wilfiilly oausee or permits auch child to be placed in such a situatian or 
to engage in guch an occupation ttiat its life or limb is endangered, or its 
health'is likely to b« injured, or its morals likely to be impaired. 

Is guilty of a misdetneanoT. 

3. Any parent or gunrdian 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 
aay of the provisions of thia article and any such person or any other person 
repponsible 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 misdemesnor and punishable accordingly. 

i 486. 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 jr otberivise, 
sells, lets out, gives away, so trains, or in any way procures or consents to the 
employment, or to such training, or use, or exliibitton of aur.h diild-, or who 
neglects or refuses to restrain such child from su^^h training, or from engaging 

1. As a rope or wire walker, gymnast, wrestler, contortionist, rider or 
acrobat; or upon any bicycle or similar mecbanicnl vehicle or (contrivance; or, 

2. In bagging or receiving or soliciting alms in any manner or under any 
pretense, or in any mendicant occupation; or in gathering or picking rags, or 
collating cigar stumps, bones or refuse from markets; or in p«ddling; 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- 

5. In. any praetice or exhibition or place dangerous or injurious to the life, 
limb, health or morals of the child, 

Is guilty of a misdemeanor. 

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 music; 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. Sueh 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 hundred and ninety-one of this chapter, if there 



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Kepoet of the Commisbionee of Laboe, 1911. 273 

b« one witllin the county, and a hearing liad thereon if requetted, and sltall 
be revocable at the will of the authority giving it. It shall ipecify the 
name of the child, its age, the names and residence of its parents or guardi- 
ans, the nature, time, duration and number of performancea permitted, to- 
gether with the place and character of the exhibition. But no eueh consent 
shall be deemed to authorise any violation of the first, second, fourth or 
fifth subdivisions of this section. 

■' rights or the rjgbta of tbe child 



I 4S6. Prohibited acts; destitute children. — Any child actuall)' 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, hones or 
refuse from markets; or, 

5. Coming within any of the descriptions of children mentioned in Mction 
four hundred and eighty-five, 

Must be arrested and brought before a proper court or magistrate, who 
may commit the child to any incorpor8,ted 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 snch as now is, or hereafter may be authorized in the cotes 
of vagrants, truants, paupers or disorderly persons, but such commitment 
shall, so far as practicable, be made to such charitable or reformatory initi- 
tutions. 

i 488. Sending messenger boys to cettain 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 tbe district attorney. 

Compare | 161-a of tbe Labor Law, anfe. 

TAKINS APPBEKTICE WITHOUT DUABDIAK'B OOHBEHT. 

g 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 misdemeanor. 
For the law reeulating apprenliceshlp. see under Industriai, BDOCArioN, pox. 



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274 New Yoek State Depabtmekt of Labob. 

rAnttm: of wages to mxou. 
The DoKESTic Relations Law, Cuaftbb 14 of the Consoluxatq) IjAwb. 
g 72. Pajtuent of wages to minor; when valid. — Where s minor ia in the 
emploj'ment of a person other than hia parent or guardian, payment to such 
minor of hia wi^es ia valid, unleHS such parent or guardian notify the em- 
ployer in writing, within thirty dajB after the commencement of such serv- 
ice, that auch wages are claimed by such parent or guardian, but whenever 
such notice ia given at any time payments to the minor shall not be valid 
I rendered thereafter. 



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HOURS OF LABOR.* 



Public Health Law, Chai-teb 45 of the Consolujated Laws. 

S 23fi. Working houra and sleeping apartments.— No apprentice or 
employee in any pharmacy or drug store shall be required or permitted to 
work more than seventy hours a week. Nothing in this section prohibits 
working six houra overtime any week for the purpose ot making a ahortor 
succeeding week, provided, however, that the aggregate number of hours in 
any such two weeka ehall not exceed one hundred and thirty-two hours. The 
hours shall be so arranged that an employee shall be entitled to and shall 
receive at leafct one full d*y off in two conaecutive weeka. No proprietor 
of any pharnwicy or drug store shall require any clerk to sleep in any room 
or apartment in or connected with such store that doea not comply with the 
sanitary regulations of the local board of health, [Aa am'd by L. 1911, 
eft. 6.10. 

§ 240. Hevacation of license; misdemeanors; violations and penalties. — 

The wilful and repeated violation of any of the provisions of this article or 
the rules is sufficient cause for the revocation of a license or certificate. 
The license or certificate revoked ahall on formal notice be delivered im- 
mediately to the board. 
Misdemeanors. It is a misdemeanor for 

9. Any proprietor of a pharmacy or drug store 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. [As am'd by L. 1910, ck. 422 and L. 19II, ch. 630.] 

FOBLIC BOIJOATB. 

GENEBAI. CONSTBUCTION LAW, CHAPTEB 22 OF THE CONBOLZDATED LaWB. 

5 24, Holidays; half-holiday. — The term holiday includes the following 
days in each year: The first day of January, known as New Tear's day; 
the twelfth day of February, known as Lincoln's birthday ; the twenty-aecond 
of February, known as Washington's birthday; the thirtieth day of May, 
known as Memorial ciay; the fourth day of July, known as Independence day, 
the first Monday of September, known as Labor day; the twelfth day of 
October, known aa Columbus day, and the twenty-fifth day of December, 
known as Chriatmaa 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 tha United States or by the governor of this state as a day of general 



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276 New Toek State Department of Labor. 

thtuikBgiTing, general fasting aud prayer, or oth«r general religioiu observ- 
ancea. The term half-holiday includes the period from noon to midnight 
of each Saturday which is not a holiday. [.Is am'd by L. IBOO, cfi. 112.] 

SUHSAT LABOR. 

Abticle 102 OF Penal I^w, Chapter 40 of the Consolidated Laws. 

g 2143. Labor prohibited on Sunday.— All labor on Sunday it 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. 

i 2144. Persons obaerviog aootlier day aa 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 tabor 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. 

£ 2140. Trades, manufactnres, and mechanical employments prohibited on 
Snnday. — All trades, manufactures, agricultural or mechanical employments 
upon the first day of the 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, bo 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 he 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 

The prohibition o! the sale Of uncooked mpat at anr hour on Snnda; Is 
cnnstltatlonal ; People ex rd. Woodin v. Hagan, 36 Misc. 349. 

I 21B3. Baibering 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 miedemeanor, and upon convle- 
tion thereof shall be fined not mora than five dollars; and upon a second 
eonTiation for a like ofTente eball be fined not leas tiion ten dollara and not 
more than twentj-ftve dollars, or be imprisoned in the conn^ 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 impriaonment at the discretion of the court 
or magistrate; provided, that in the village of Saratoga Springs, from the 
fifteenth day of June to the fift«enth day of September, inclusive, and In the 
city of New York throughout the year, barber shops or other places vhere 
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'cloct of the afternoon of the first day of the week. 

Beld to be cODstttntlonal : People t. Bavtior, 149 N. T. IH <1SM). 



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Repoet op the Commissioner op Labok, 1911, 277 

ta0aii0m8 of pubuo biiplotebs. 
Articxe 4 or TBI: Pdblic Officess L^w, Cuaftbb 47 of the CoNaouDATto 
Laws. 
I 71. TacatiODs for employeci of tlie state and tbe sereial dvil anbdlvi- 
aions thereof. — The esecutive officers of every public department, bureau, 
coKunisnion, or board of the state and of each county, city or otlier civil 
diviaion thereof are authorised and empowered to grant to every employee 
under their superviBion, who shall have been in such employ for at least ffne 
year, a vacation of not lesa than two weeks in each year, and for such fur- 
ther period of time as ia the opinion and judgment of the executive officers, 
the duties, poeition, length of service and other circumstances may warrant, 
at auch time as the executive officers may fix and during such vacation the 
said employee ahall be allowed tbe same compensation as if actually em- 
ployed. [Added by L. ISIO, eft. 680.] 

Title 3 or Chapter %3 of the Greater New Yore Chaster. 
1 1S6T. The executive heads of tbe 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 qualificationa 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 auch time tliey 
shall be allowed the same compensation as if actually employed, except that 
no such vacation shall be granted to per diem employees for longer tllan 
two weeks and only during the month of June, July and August. {Added by 
L. 1910, eh. 07».] 

M mandatory; People (xrsi. 

If.. 1910. 



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DUTffiS AND LIABILITIES OF EMPLOYERS AND 
EMPLOYEES. 

LIABILITY OF BAILWAT COXFANIEa.* 
Railboad Law, Chapter 4D of the Consolidated Laws. 
S 64. Injniles 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 its 
or his officers or employees, every employee, or his legal representatives, 
sliall 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 it« 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 snch 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 thereo.', 
who are intrusted by such corporation or receiver, with the authority of 
superintendence, control or command of other persons in the employment of 
Buch corporation or receiver, or with 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 
t«l^raph office, are vice- principal a 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 sucli 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 suHtained; 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. 

i' Liabilltr Law, see ArUcle 14 of the Labor Law, 
[273L . 

D.g.tizecbvGoOglc 



Rkpobt op the CoMMissiONEK OF Labok, 1911, 279 

OAHAOES rOS IirJQBIEB OAVBIltO IIXATH. 
ABTICLE I OF THa CONHTITU150N, 

Section 18. The right of action now existing to recover damages for injuria! 
rMulting im death shall never be abrogated; and the amount recoverable ihall 
not be subject to anj statutory limitation. 

Code of Civil Fbocedubb. 
i 1902. The executor or administrator of a decedent, who has left, him or 



ller surviving, a husband, wife, or next of Icin 
cover damages for a wrongful act, neglect, or default, by wliich 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. 

OBIMIHAL LIABILITT FOB KBOLIOEITOZ. 

Penal Law, CHAPrxn 40 of the Consoudatbd Laws, | 1052 (past). 

Neglifent 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 hia care, or under his control, or by any unlawful, negligent or 
recklesH act, not specified by or coming within the foregoing proviBiona 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 undue quantity of steam as to burst the boiler, engine 
or apparatus, or cause any other accident whereby human life is endangered, 
is guilty of a misdemeanor. 

See also |l ISSl, 1892. 



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280 New Yokk State Department of Labuk. 

ehfloxexb hoi to si8p08b of icatebul tubmisbbd. 

Penal Law, Chaptbb 40 or thb Cohsolidated Laws. 
I 1310. ConverBion of materials fumlslied to a person for purpoK ol 
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 puniBh&l 
by imprisonment in a county jail not exceeding six months, 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 Ken in favor of any employee as now recognized 



[ INFLITEVGnra of AOENTS, EUPLOYEEB OS SEBVAHTB. 

Penal Law, Chapter 40 of the Consolidated Laws. 

i 43S. Corrupt influencing of agenta, employees oi 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 influence 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 Ma 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 sucb 
materials, supplies or other articles, or from a person who renders such 
serviss 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. 

Gf. •' Bribery of labor repreaentatlvee," under Tbadb Unionh, post. 



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FOUTICAI AND LEGAL BIGHTS Aim FBI7ILE0E8 OF 

WOKEIHOIIEK. 
ALiowms Tncz ros employees to toix wrTHom lobb or vat. 

BuEonoN Law, Cbapteb IT of the Conboudated Lawb. 
{ 365. Xim« allowed employees to vote. — Any person entitled to toU at ft 
general election held within thia state, ehall on the da; of such election be 
entitled to absent himself from any service or employment in which be ii then 
engaged or employed, for a period of two hours, while the polls ot such election 
are open. If euch voter shall notify his employer before the day of auch elee- 
tlon of such intended absence, and if thereupon two successive hours for 
such absence ahall 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 conaecutive 
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 he imposed upon 
bim by his employer by reason of such absence. This section shall be deemed 
to include all employees of municipalities. 

PsNM. Law, Chapteb 40 or the CONSOLIDATED Laws. 
I 759. Kefuaal to pennit 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 wagea because of tba 
exerrise of such privilege, is guilty of a misdemeanor. 

TO PBETENT EKFLOTEBS FBOK COEEOIVO EKFIOYXSB IH THEIB EXES- 

oisz or THZ surrBAOz. 
Fenal Law, Chapteb 40 of the ConsoLiDATEo Laws. 
I 772. Dnieu and intimidation of voters. — Any person or corporation wha 
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 of 
against any particular person or persona, or for or against any propositioh 
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 retrain from giving his vote for or against any par- 
t'lrular person at any election; or, 

[2811 



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282 'Nsvf YoEK State Depabtmekt of Labor. 

3, B«iDg BD employer p&yi hii employees the Balary or wages due in " pay 
eDTelopiB," upon nliieh there is written or printed aaj political motto, derioe 
or argument containing threats, express or implied, intended or calculated to 
influence the political opinions or actions of such emplOTees, or within 
ninety days of a general election puts or otheiwiee exhibits in the establisli- 
ment or place where bis employees are engaged in labor, any handbill or 
placard containing any threat, notice or inform atton, that if any particular 
ticket or candidate is elected or defeated, work in his place or establishment 
will cease, in whole or in part, bis 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 hie employees, 

Is guilty of a misdemeanor, and if a corporation shall in addition forfeit 
its charter. 

EXBXFTIOV or XXOHANIOS' TOOLS nOU ATTAOHIIZHT. 

Code or dm. Pbooedube (Chaptcb 13, Titlk 2, Axtiolb I). 

I 1300, 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; 

S. Tha tools and implements of a mechanic, necessary to the oairying 
on of his trade, not exceeding in value twenty-five dollars. 

I 1391. In addition to the exemptions, allowed by the last section, neces- 
sary household furniture, working tools and team, professional instrumeiits, 
furniture 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 lia,B been recovered and where an execution 
issued upon said judgment has been returned wholly or partly uneatisfied, 
and where any wages, debts, earnings, salary, iitcome from trust funds or 
profits are due ajid owing to the judgment debtor or ehall thereafter become 
due and owing to him, to the amount of twelve dollars or more per week, the 
judgment creditor may apply to the court in which said judgment was re- 
covered 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 court, if a court not of record, a judge or justice thereo(F, 
must JBBue, or if a court of record, a judge or justice must grant an order 
directing that an execution issue against the wages, dc^ts, earnings, salary, 
income from trust funds or profits of said judgment debtor, and on presen- 
tation of such execution by the 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 



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Repoet of the Commissioner of Labor, 1911. 283 

funds or proiits du« or to became due to aaid judgment debtor to the amount 
•peeifled therein which shall not exceed ten per centum thereof, and said levy 
■hall be a continuing levy until said execution and the expentee thereof are 
fully latlBfied and paid or until modified as hereinafter provided, but only 
one exeoufdon against the wages, debts, eaminga, salary, income from trust 
funds or profits of said judgment debtor shall be satisfied at one time and 
where more than one execution has been issued or shall be issued purauaJit 
to the provisions of this section against the same judgment debtor, they 
shall be satisfied in the order of priority in which such executions are pre- 
sented to the person or persona from whom such wages, debta', earnings, 
salary, income from trust funds or profits are due and owing. It shall be 
the duty <rf any ptrson 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 re- 
main a lisn upon said indebtedness to pay over to the officer presenting the 
same, such anunint of such indebtedness as such execution shall prescribe 
until said execution shall be wholly satisfied and such payment shall he a 
bar to any action therefor by any such judgment debtor. If such person or 
corporation, municipal or otherwise, to whom said execution bhall bo pre- 
sented shall fail, or refuse to pay over to said officer presenting said execu- 
tion, the percentage of said indebtedness, he nhall 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 pay- 
ment of said execution. Either party may apply at any time to the court 
from which such execution ahall 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, iudge, or justice shall direct for a modification of 
said execution, and upon such hearing the said fourt, judge or justice may 
make such modification of said execution as shall be deemed just, and such 
execution as so modified shall continue in full force and effect until fuHy 
paid and satisfied, or until further modified as herein provided. This section, 
so far as it relates to wages and salary, due and owing or to become due 
and owing to the judgment debtor, shall not apply to judgments recovered 
more than ten years prior to September first, nineteen hundred and eight, 
and any execution heretofore issued upon such judgments pursuant to an 
order heretofore granted under this section shall, when this, act takes effect, 
cease to be a lien and continuing levy upon wages and salary thereafter to 
become due and owing to the judgment debtor. [As am'd by h, 1911, nhs. 481) 
and S32/1 

The above aPctlon eiempts trom attacbment wages of leas than tl2 per week. 
Section 1879 of the Code at Civil Procedure also eiempts from ewcntlon cii 
Jndement creditor's action " the carDiuga of the JudBinent debtor (or his perEonal 
services, rendered within ality days neit ftetorG the com men cement of the action, 
where It Is made to iippear, by his oatli. or otherwise that those earnings are 
neeessary 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 providea also for semi-monthly pay for auch employees and which 
was added In 1910) given under Public Work iNO Publtc Contracts, poii 
Prior to the addition of this section to the Finance Law, the garolshee law had 
been held not to apply to state employees : Osterboudt v. Stsde. 13-S App. IMv. 83. 



bjGoogIc 



284 Nbw Yoke State Department of Labor. 

lAKSrO BZOTTXITT TOR ITSITUOirS LOAirS. 

Pbnai, Law, jSHAPm 40 or the Cokbolidated Lavb. 
i 2400. TaJdnc leauity upon ecitain propertr ioz nsmioiis loans. — A per- 
son who takes security, upon maj household furniture, sewing- mAchines, plate 
or silv«rwAre 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 hin 
personal credit, conditioned upon the payment of a greater rate than six 
per centum per annum or, who as security for such loan, use or sale of 
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. 

ASSIOimSltl 07 WASBS. 

Pebsonal Pbopebtv Law, Chapteb 41 or the Conbolidatbd Laws. 
i 42. Kecnlatiiit; loans of money on salaries. — 1. Any perMn or persons, 
firm, corporation or company, who shall after the passage of thin act, make 
to any employee an advance of money, or loon, on account of salary or wages 
due or to be earned in the future by auch individual, upon «ji assignment 
or note covering such loans or advances, shall not acquire any right to collect 
or attach th« same while in the posaesnon or control of the employer, unleM 
such note or aseignmmt is dated on the same day on which such loan is 
actually made, and unless within a period of three days after such loan and 
assignment or note are actuaUy made the party making such loan or loan^ 
and taking such assignment or notes shall h&ve filed with the employer or 
employers of the individual or individuals so assigning his present or pros- 
pective salary or wages, a duly authenticated copy of such a^reem6nt or 
alignment or notes under which the claim is made. The day of ""Hrg a 
loan or advance within the meanii^ of thia act sbaJl be deemed to be the 
day when the money is delivered to the borrower, and the subeecpient ex- 
ecution of an instrument by virtue of a power of attwney shall not be 
deemed to affect the time of the actual making of such loui or advance. 

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, ^ven by an 
employee for moneys loaned on account of salary or wages, in which it 
is soi^fht to charge in any manner the employer or employers, unless a 
copy of suoh agreement, assignment or notes, together with a notice of lien, 
was dufy filed with tbe employer or employers of the person making such 
agreement, assignment or notes, by the person or persons, corporation or 
company making sa.id loan within three days after the said loan was actually 
made and the said agreement, alignment or notes were given as provided 
in the previon* section. 

3. Every person, firm or corporation engaged in or seeking to engage 
in the business of loaning money upon security of an asugnment of salary 
or wages either earned or to be earned shall, on or before tbe &r0t day of 
July next ensuing the passage of this act, file with the clerk of the conn^ 
in which baid person, firm or corporation has its place of bnsiness or trans- 
acts business a statement under oath containing the name and residence of 
the individuSil; or in oase of a firm, the Hames and residences of the 



byCoOglc 



Repobt op the Commissioner of Labor, 1911. 285 

partners; or in the case of a corporation, the names and residences of the 
oflSoeis and directors, managars or trustees Of such corporation^ and the 
place or places where said bmineM is transacted by such an individual, 
firm or corporation. After Jul; the first next ensuing the passage of this 
act it shall be unlawful to engage in the business of loaning money in the 
manner set ftH4.h in this act without, prior to engaging in such business, 
Aliug a statement aa provided in this ant. 

4. The several county clerks of this state shall keep an alphabetical 
index of &1) persons, firms or corporations filing certifies.tes provided for 
herein, and for the indexing and filing of such certiflcates, they shall receive 
a fee of twenty'five cents. A copy of such certificate, duly certified to by 
the county clerk in whose office the same was filed, ahall be presumptive 
evidence in all courts of law in this state of the facts therein contained. 

6. Aft«r the passage of this act, no persona shall directly or indirectly 
receive or accept for the use and sale of his personal credit or for making 
any advance or loan of money, either wholly or partly in anticipation of 
salary or wages due or to be earned, a greater Mim than at the rate <rf 
eigphteen per centum per annum on the amount of such loan or advance, 
either aa a bonus, interest or otherwim, or under the guise of a charge for 
investigating the status of a person applying for such loan or advance, 
drawing of papers or other service in connection with such loan or advance, 
except such charges as are now permitted by eiecUon three hundred and 
eighty of chapter twenty-five of the laws of nineteen hundred and nine, 
known as the "genera! business law." 

5. Every person, firm, corporation, director, agent, officer or member 
thereof who shall violate any provision of this act, directly or indirectly, 
or assent to such violation, shall be guilty of a misdemeanor. [A< am'd by 
L. Iftld, oh. aSBJi 

See silo I 18 of the Labor Law, ante. 

OEBIVAKT ZXXHPTIONB VOT TAUII AQAIMST WAftl DZm. 

Laws or 1002, Chapteb SSO. 
Ax Act in relation to the municipal court of the city of New York, its 
officers and marshals. 
f 274. Judgment in fsvoi 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 servicea 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 havs 
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 uncollactad, if the indorsement required by this act to the effect 
that defNidant was liable to arrest was complied wifh. A defendant arrested 
by Tirtue of an executioa so isrosd against his parson, mnst be actually 
oonflnad in the jail, sad is not antitlsd to the litMrtiM thereof; but he must 
ba disdiarged after havlsg bMn so coninad for llftasn days. Aftar his di* 



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280 Nbw Yoek State Department of Labob. 

charge another execution against his person cannot be issued upon the judg- 
ment, but the judgment creditor ma; enforce the judgment against property 
as it the execution, from which the judgment debtor is discharged, has been 
returned, without his being taken. [A* am'd by L. 1007, ch. 425.] 

HAEIITO EUFLOTEEB FBEFEBBES OBEDITOKB. 

Debtob and Ceeditob Law, Chapter 12 of the Consoudatgd LAwa, 

i 27. Waees. piefened claims. — In all distribution of assets under all 
assignments made in pursuance of this article, the wages or salaries actually 
ewing to the eroplojees 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 the 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. 

07- 1 9 or the Labor Law, " Payment ol wages by receivers," ante; aoi] 
the Lien Law, cli. 38 ol the Coneolldatei) Laws. 

The statute la constltuHonal : ](M N. Y. 606. 

liabilitt of stockholoeks fob waoe debts. 

Stock Cobpobation Law, Chaptee E9 of the Consoltoated Laws. 

i 66. Liabilities of stockliolders. — Every holder of capital stock not fully 
Ipaid, 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 t1:e liability imposed by this section shall be in lieu 
of the liability impoaert upon stockholders 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. 

i 67. Liabilities of stockholders to laborers, servanta oi 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 esecution unsatisfied against the corporation upon a judg- 
ment recovered against it for services. 

j 68. Non-liability in certain caaea.— 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 auch 
stock, shall be personally subject to liability as a stockholder ; but the per- 
son pledging such stock shall be considered the holder thereof and shall be 
liable as stockholder, and the estates and funds in the hands of such executor, 
administrator, guardian or trustee shall be liable in the like manner and 



.,CA)Og[c 



Bepoet of the Commissioner of Labor, 1911. 287 

to the same ezt«nt as tlie testator or intestate, or tlie ward or penoii 
interBBted in such trust fund would have been, if he had been living and 
competent to act and held the sume stock in liia own name, unless it appear! 
that such executor, adrainistrfttor, guardian or trustee voluntarily invested 
the trust funds in such stocks, 'in which case he shall be personall; liable ai 
a stockholder. 



Railboad Law, Chapteb 49 or the Consolidated Laws. 

i 60. Liability of corpoiation to employees of contractor. — An action may 
be maintained against any railroad corporation 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 tbe 
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 whicli performed, and shall be signed by 
the laborer or his attorney and verified by him to the efTect 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 liaving 
charge of the section of the road, upon which the labor was performed, per- 
sonally, or by leaving it at his office 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 })1ace 
of business open, service may in like manner be made on any officer or 
director of the corporation. 

See further Lien Law, | 6, " Lleos for labor on railroad " ; also | 146 of tb* 
Canal Law providing securltr tor wages ot lahorers on caoala, FO«t. 

Latwrera employed bj aub contractors are prolecled b^ this act (4S Hun R^). 

HO OOUBT FEES SEQUIBED IN CEBTAIS SUITS FOE WAOEI. 

Laws or 1902, Chapter 580. 
Ah Act in relation to the municipal court of the city of New York, its 
officers and marshals. 
I 44. WlLer« empl03'ee 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 flft^ dollars and the plaintiif 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 sudi action and of said plaintiff's resi- 
dence, and whether previous application therefor has been made, shall be duly 
presented to and filed with the clerk of the municipal court where such action 
shall be brought and be shall not demand or receive any fee whatsoever from 



byCoOglc 



388 New Yoek State Depaetment of Labor. 

"the pbuntiff or hii ag;enta or attorneys in such >«tion, unlesa the plaintiH 
shall dranand a trial jury, in which case ths plaintiff must pay to the clerk 
of the municipal court where such action shall be pending the sum of four 
dollars and fifty cents. 

I 340. Coata in action by woildns woman.— In an action brought to recover 
a sum of money far 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 tjiereof, or for both, the plain- 
tiff, if entitled to coats, recovers the sum of ten dollars as costs, in addition to 
the oosts allowed in this court, unless the amount of damages recovered ia 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 IB entitled upon a settlement thereof, to the full amount of costs, which 
ahe would have recovered. If judgment had been rendered in her favor, for 
the sum received by her upon the settlement 

I 348. Employee's action; no fees. — When the action is brought by an 
employee against an employer for- services performed by such emplo;fee, 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 hia demand is leas than 
fifty dollars, that he is a resident of the city of New York, that he hsB s 
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 hia agent or representative, for payment thereof, and that pay- 
ment waa 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. 

See. 2T4 of the Municipal Code provides for bodj ezecattons against emplorera 
whose propert; Is Inaufflclent to satlsf; JadsmeDta In wage suits. (See " Ordlnar; 
•lemptlDDB not valid agalDsC wBle debts," ante.) 



KABBIED WOKAN'S SIOHT OF AOTtON FOR WAQEB, XTO. 

Doussno Relatioms Law, Chapteb 14 or thk Comboudated Laws. 
I 60. Mairied woman's right of action for wagea. — A married woman ahall 
have a cause of action in her own aole 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 any trade, busi- 
ness or occupation carried on by her, and her husband ahall have no right 
of action therefor unless ahe or he with her knowledge and oonaent hae other- 
wise expressly agreed with the person obligated to pay such wages, salary, 
profits, compensation or other remimeration. In any action or proceeding in 
which a married woman or her husband shall seek to recover wagea, salary, 
profits, compenaation or other remuneration for which auch married woma* 
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 auch wagea, 
salary, proBta, 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 afleet 
any right, cause of action or defense existing prior to May aeventeenth, 
nineteen hundred and ItTa. 



byCoOglc 



PUBLIC WORK AND COMTRACTS. 

[Besides secttons 3 and 19 of tbe Labor Law, ttnte^ tbere iB on tbe statute books 
large body ol lawe for tbe tpsulation o£ wages, honra, etc., of persona employed <) 
public woi'h. Of thia legislation only a few examples can be reproduced In tb 
compIlatloQ. In addition to tbe statutes respecting employees of state ptisoDi 
and Brmotlea, tbe Insanity Law <rb. 27 of tbe Consolidated Laws) contalnB 
extremely detailed acbedule of wages and aalarlea <c/. Report of tbe Commlsslo 
oC Idbor. l&Ot, p. 103|. Of tbe numerous laws filing tbe terms of employment 
oC municipal employees, again, only one eiample Is bere printed — ■ tbat of tSe street 
cleaners of New York City. Nearly every city charter contains provisions «■ to 
tbe boars of nork, compensation, etc., of pallcemen, Bremea, and other employee*, 
wliile tbe larger cities bave establisbed, tbrougb action o( the Legislature, retire- 
ment funds or service penelona. An esample of tbe tatter may be sees In the pro- 
vision for street cleaners' pensions In New York City given below. Such privileges 
are deemed to counterbalance ttie loss of certain constitutional rights upon entrance 
in tbe pnbltc service; firemen,' for example, having no right to became members o( 
an association tbat has for its object the Influencing of legislation (People e» rel. 
Clifford V. Scannell, 74 App. Dlv. 401!). The validity of this legislation baa never 
been successfully challenged, so far as It relates to airect employment by public 
antboritles. Public wort done by contract, however, bas been distinguished bj tli« 
courts from work done by tbe employees of public authorities, but the t.mendment 
of the Constitution of 1D05 brought such work under the authority of leglslatlTe 
enactment.] 

XHFOWERnrQ THE LEOIBLATVBE TO BEODLATS THE OOHsniOmi Ot EM- 
FLOTHEHT OK FTTBUO WOEX. 

Constitution or thb State or Nbw Yobk, Asticle XII. 
Section 1. It shall be the dut; of the Le^sUture to provide for the organi- 
. .ration of cities and incorporated villages, and to rettrict their power of taxa^ 
tion, assesament, borrowing money, contracting debts, and loaning their credit, 
so as to prevent abuses in aeseaaments and in contracting debt bj 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- 
t«ction, 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 Bub-con tractor performing work, labor or services for the State, 
or for any county, city, town, village or other civil diviaioo theroef. [J^s 
amended in ISOa.] 

lasosese emploted ih the biate lestioe, 

Civil Service Law, Chapter 7 of the Consoudated Laws. 

I 10. Rules for the classified state service. * * * No examination or 

registration shall be required of persons to be employed as laborers in tbe 

t laborers for municipal employment. 
beki-kohtkly payuekt of wages to btate ehplotees. 
State Finance L.vw, Chapteb 56 of the Consolidated Laws. 
I Z-a. The satariea of all oHicers of tbe state, and the wages of all em- 
ployees thereof shall be due from and payable by the state twice ea«h 
month, on the first and sixteenth days thereof, except where such days fall 



bjGoogIc' 



290 New Yokk State Department op Labok. 

upon Sundaj or a legal holiday when such paymente shall be made upon 
the succeeding buainees daj. Said salaries and wages shall be subject to 
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 h. 1810, ch. 317.] 

nxiks the cohpeirsation of ehplotees of state pbibonh. 
Pbisoh Law, Chapteb 43 op thb Consoudatbd Laws. 
f 114. Compensation of othet ofBcers.— The superintendent of state prisons 
shall, from time to time, prescribe the compensation of the other officers of 
said prisons, but tJie compensations so lised and prescribed for the following 
officers 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 
tiie kitchen -keeper, storekeeper, hall-keeper and yard-teeper, each twelve hun- 
dred dollars; to the sergeant of the guard, uine hundred dollars; to the state 
detective at Sing Sing prison, eighteen hundred dollars. Officers designated as 
keepers prior to June first, nineteen hundred and four, shall be clasaified as 
guards. The several guards shall be paid only for services actually renderud, 
and their annual compensation eliall be subject to pro rata deduction for time 
not serTed. The compensation of guards appointed after said date, shall be 
as tollows: 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. 

LAB0BEB8 AHD HECHAmOS IH STATS ARHOBIKS. 

MiLiTABY Law, Chaptbr 36 of tub Consolidxtbd Laws. 
I 189. Compensation of employees in armories. — The persona apfiointed 
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 tlie city has a population of less than 
fifty thousand, in which case such compensation shall not exceed three dol- 
lars per day, and not to exceed three dollars per day in armories or arsenals. 
not located in cities; an armorer, janitor, engineer or laborer appointed by 
the commanding 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 pro- 
vided for an annorer, janitor, engineer or laborer employed in an armory 



byCoOglc 



Rbpobt of the Commissioner of Labor, 1911, 291 

located in Buoh citj; laborers not t« exceed two dollars per day, except in 
cities having a populati<m of three hundred thousand or oTer, and in counties 
adjoinir^ cities of the first class, not to exceed three dollars per day. An 
armorer employed ia an arsenal or armory having two hundred thousand 
or more square feet of floor surface and occupied bj a regiment 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 thoufAnd square feet of floor surface occupied by a regiment 
and lighted by electricity produced by 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 proTisions of the two 
preceding sections, shall be paid semi-monthly upon the certiificate of such 
i^cer, and shail be a county charge upon the county in which such armory 
or arsenal is situated; and shall he levied, collected and paid in the same 
manner as other county charges are levied, collected and paid. A commis- 
sioned officer in active service shall not he eligible for appointment to, and 
shall not hold the position of armorer, janitor, engineer or luborer in any 
armory or arsenal. The appointing officer shall grant to each employee a 
vacation of fourteen days per year with pay. [As am'd by I:. 1911, ch. 102.] 

BEOISTBATIOH OF £ABOB£SS fOB KindCIPAI. EHPLOXMEKT. 

The Ciwt Sebvicb Law, Chapteb 7 of ifte Consolidated Laws. 

i 18. The Uboi class in cities.— The labor class in cities shall intrude 

unekilled laborers and sudh billed laborers as are not included in the ootT' 

petitive class or the noncompetitive class. Vacancies in the labor class in 
cities shall be fllled by appointment from lists of a.ppldcants registered by 
t'he municipal commissions. Preference in efn^oyment from suoh lists eOiall 
be given according to date of application. There shall be separate lists of 
applicants for different kinds of labor or employment, and the oommisadons 
may establish separate '>abor liets for varions institutions and departments. 
Where tile labor service of any department or institution extends to sepa- 
rate knalitiee, the commitffiions may pit>vide separate r^iatration lists for 
each district or locality. The commissivms shall require an applicant for 
rtgistration for the labor service to furnish suoh evidence or pass such exam- 
ination as they may deem proper with respect to his age, residence, physical 
condition, ability to labor, ^cill, capacity and experience in the trade or em- 
ployment for which he aippiiee. 

Veteraoa ol (he Civil Wu, cho. uuder the terma of the Conatitutioa (Art. V. | B) are 
entitled to prefereuee In the oivil lervice " nithout ngBrd to their Maniling," are to be placed 
at the head o[ recbtration Usti aa thouih their appliastian had bean Bled prior to those o 
personi not eatitled to prelenncB (I 21 of the Civil Service Ijaw). 

nxve VASM and saia&izb ov sxnovjxB of tbk bt&zst olxasixb 

DSPABTXXHI. SSW YOKE OIIY, 

The Bevisii) Chabtes (Laws or 1901, Chaptib 400). 

I 63S. The members of the department of street cleaning shall be divided 

into two general classes, to be designated, respectively, the clerical force sad 

the uniformed force. The clerical force shall consist of a chief elerh, medical 

examiners, not exceeding three in number, and such and so many clerks and 



D.g.tizecbvGOOglc 



392 New Yoek State Department of Labor, 

meBseDgers as the commiaHioner of atreet cleaning ahtill deem i 
Xhe uniformed force ehatl be appointed by the cammiMioDer of street clean- 
ing, and eball consist of one general stiperintendent, one asaiBtant superin- 
tendent, one superintendent of final dispoBition, 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-flve in number; dump inspectors, not 
exceeding forty-three in number; assistant dump inspectors, not exceeding 
forti'-three in number; sneepers, 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 
Beclianic and iuch and so many mechanics and helpers ae may be 
necessary. The commissioner of street cleaning sliall 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. Tlie annual salaries and compensations of the members of the nnl- 
formed force of the department of street cleaning shall not exceed the fid- 
lowing: Of tlie 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 aa assistants to 
tlie 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 eaciu of tlie 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 estimite and apportionment. The 
members of the department of street cleaning shall he employed at all such 
times and during such hours and upon 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, carta and horses 
as shall be rendered necessary by such emergency, forthwith reporting such 
action with the futl 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 



byGOl.)g[c 



Rkpoet of the Commissioheb of Labok, 1911, 293 

or Hweeper to fill the place of a driver or sweeper who is Buepended or tem- 
porarily abaent from duty from aaj cause. The rate of compensation for 
Huch extra drivers or sweepera shall be two dollars per day, and the driver 
or sweeper whose place U so filled shall not receive any compensation tor the 
time during which hs ia ao absent from duty or his place is eo filled, un- 
less Hiich injury or illness was caused by service in the department. The 
services of any person employed, and <>f carta 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 Eoid 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 
shaW aiTect any existing contrsicta 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 said 
department. Keither 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 raon. 
eya, 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. 

BEIJXF AKS TEHBIOH TUITD rOB HEW TOBE CITY STREET CIEAtTEBS. 

The Revised Charteb (Laws of IflOl, Chapteb 466], 

% 548. There shall be a relief and pension fund of the departntent of street 
cleaning which shall be made up, administered and used for the benefit of 
the members of the clerical and uniformed forces of the department of street 
cleaning as defined by section five hundred and thirty-six of the charter, and 
the ineuml)ents of such other piiwtions in said depaitinciit as have been 
created and not specified in section five hundred and thirty- six of the 
charter, lidded by L. IBll, eft. SM.] 

S 549. The relief and pension fund of the department of street cleaning 
of the city of New York shall consist of the following moneys and the 
interest and income thereof: 

First. A sum of money equal to, but not greater than, three per eontum 
of the weekly or monthly pay, salary or compensation of each such member 
of the department of street eleining. wliieli sum siia-ll be dwltieted, weekly or 
monthly, as the case may be, hy the comptroller from the pay, salary or 
compensation, of each and every such member of the department of street 
cleaning, and the said comptroller is hereby authorized, empowered and 
directed to deduct said sum of money as aforesaid, and to pay the same 
monthly to the treasurer and trustee of the relief and pension fund of the 
department of street cleaning. 

Second. All money, pay, compensation or salary, or any part thereof, for- 
feited, deducted or withheld from any such member of the department of 
street cleaning on account of fines, suspensions or absence from any cause, 
loss of time, sickness or other disability, physical or mental, to be pikid 
monthly by the comptroller to the treasurer and trustee of said pension 
fund, except in the case of a sweeper, driver, hostler, stableman or other 

D.s.™cb,GoOglc 



294 New Toek State Depabtmbht of Labor. 

emploTee who in&j have been sick or al>sent from eaiy cause, and whose 
pOBttion baa been filled by &n extra Bwe«per, driver, Htableman or otber 
temporary employee, to wbom cmnpeusatioii baa been paid. 

Third. All moneys received for tbe privilege of scow tTimming or aHHort- 
Ing of refuae at the vartous dumpa in tbe borougba of Manhattan, Brooklyn 
or Bronx, or at any otber place where refuae Tnay be diapoaed of, excepting ' 
in £o far as the provisions of any contract now in force between tbe city of 
New York and contractora give aucb privilege to tbe contractors. All con- 
tracts hereafter uuide aball atipulate that tbe proceeda from aucb trim- 
ming or assorting of refuse shall be paid by tbe comptroller to the trustee 
and treasurer of said pension fund. 

Fourth. All moneys received from the sale of steam or bouse ashes, 
garbage and refuse, collected by the department of street cleaning, and any 
moneys that may be received for the disposal of such steam or house asbea, 
garbage or refuse. 

Fifth. All proceeds of sales of condemned Iiorses or other property of 
said department, excepting real property; and so much of tbe proceeds of 
sates of unharnessed trucks, carts, wagons and vehicles of any description, 
and of all boxes, barrels, hales or other mercbandise, or other movable 
property, found in any public street or place and removed therefrom by the 
commissioner of street cleaning under any provision of law authorizing said 
^)mmissioner to remove and to sell such incumbrances, as exeeeds the neces- 
sary expense of the sales of such condemned property or unredeemed in- 
cumbrances and which is not under such proviuon of the law, payable to 
tbe lanJul owner or owners of such incumbrances so. sold, and all moneys 
collected for the release of merchandise, unharnessed vehicles or movable 
property removed aa aforesaid. 

Sixth. Any and all unexpended balances of amounts appropriated for the 
payment of salariee or compensation of such members of the department of 
street cleaning remaining unexpended after tbe allowance of all claims pay- 
able therefrom. And the comptroller is hereby authorized to pay over such 
unexpended balances to the treasurer and trustee of said pension fund at 
any time after the expiration of the year for which such amounts were 
appropriated, after allowing sufficient to satisfy all tbe claims payable 
therefrom aa aforeaaid. 

Seventh. All gifts or bequeats which may be made to aaid fund or the 
commiaeioner of street cleaning as treasurer and trustee of aaid fund. 
[Added by L. 1911, cK 83».] 

§ S50. The commissioner of street cleajiing shall be the trustee and treas- 
urer of said relief and pension fund. He shall, before entering upon his 
duties as treasurer and trustee thereof, deliver to the comptroller a bond 
in the penal aum of aeventyfive thousand dollars, to be approved by the 
comptroller, conditioned for the faithful discbarge and performance of hia 
duties as such treasurer and trustee. Compensation shall be made to tbe 
commissioner of atreet cleaning for the expense of procuring sureties for aaid 
bond, to be paid out of said pension fund. Said treasurer and trustee sball 
have charge of and administer said fund. lie shall receive all moneys appli- 
cable to said fund, and, from time to time, shall invest such moneys, or any 
part thereof, in any manner allowed by law for investments by savings 
banks, as be shall deem beneficial to said fund; and he is empowered to 



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Repoet OS THE Commissioner of Labor, 1911. 295 

make all necesiiaiy contracts and to conduct nocessary tuid proper actions 
and proceedings in tiie premiaee, and to pay from said fund the relief or 
pensions granted in pursuance of this act. And he is authorized and em- 
powered to establish, from time to time, such rules and regulations for the 
disposition and investment, preservation end administration of said pension 
fund as he ma; deem best. No payment whatever shall be allowed or made 
by said treasurer and trustee from said fund as reward, gratuitj or com- 
pensation to any person for salary or service rendered to or for eaid treas- 
urer and trustee, eiccept payment of necessary legal expenses and oompenea- 
tion as aforesaid for the expenses of procuring hurctics on said bond. The 
commissioner of street cleaning may emplpy the members of the clerical 
force in such clerical work as may be necessary for the care and administra- 
tion of said fund aa a part of their regular duties and without extra com- 
pensation. On or before the first day of February of each year the said 
treasurer and trustee shall make a verified report to the mayor containing a 
statement of the account of said fund under his control and of all receipts, 
investments and disbursements, on account of said fund, together with the 
name and residence of each beneficiary. There shall be an auditing committee 
consisting of three members of the department of street cleaning, to be ap- 
pointed hj the mayor. It shall be the duty of such auditing committee, 
on or before the first day of March in each year, to examine the condition 
of said relief and pension fund and to audit the accounts of said treasurer 
and trustee and to make report thereon to the mayor within thirty days 
thereafter. [Added bg h. l&ll, ch, 839.] 

§ 551. The eoramisaioner of street cleaning, as treasurer and trustee of 
said relief and pension fund, is hereby authorized and empowered to take 
and hold any and all gifts or bequests which may be made to such fund, 
and to transfer such gifts or bequests to his successor, together with all 
other moneys or property belonging to said fund. \&Aded by L. Iflll, ch. 
839.] 

g 552. The commissioner of street cleaning shall have power in his dis- 
cretion to retire and dismiss from membership in his department a member 
of the department of street cleaning as hereinafter provided; and he shall 
grant relief or a pension to such member so retired and dismissed from 
membership, and to the widows and orphans of members of said depart- 
ment who may be enititled to receive such relief or pension, to be paid from 
said relief or pension fund, in monthly instalments, as follows: 

First. To any such member who, at any time after the passage of this 
act, while in the actual performance of duty, and without fault or mis- 
conduct on the part of such member, shall have become permanently disabled, 
physically or mentally, so as to be unfit to perform the duties required 
of such member, provided that such unfitness for duty has been certified to 
by a majority of the medical examiners of said department, the sum of 
twenty-five dollars per month. 

Second. To the widow of any member of the department of street clean- 
ing who, after the passage of this act, shall have been killed while in the 
actual performance of his duty, or shall have died from the effect* of any 
injury received while in the actual performance of such duty, the sum of 
not more than three hundred dollars per annum; and to the widow of any 
member of such force who shall hereafter die and who shall have been ten 



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286 N'ew York State Depaetmesnt of Labor, 

years in the service in said department at the time of Us death, ot who 
ahftU have been retired on a pension, as hereinafter provided, if there shall 
be no child or children of such member under eighteen years of age, the 
■um of not more than two hundred dollars per annum, in the discretion of 
■aid treasurer and trustee; and ii there be such child or children of such 
member under the age aforesaid, then such aum ma; be divided between 
snob widow, child or children in such proportion and in such manner as 
the said treasurer and trustee may direct. The right of such widow to such 
pension shall cease and. terminate at her death or remarriage; or if she shall 
bare been guilty of conduct which In the opinion of said treasurer and 
trustee renders payment inexpedient. 

Third. To any child or children under eighteen years of age of aueb 
member killed or dying as aforesaid, or dying after retirement leaving no 
widow, or if a widow, then after her death, a sum not exceeding two hun- 
dred dollars per annum to he paid as such treasurer and trustee shall 
direct until such child or children shall have attained the age of eighteen 
years or shall have married. 

Fourth. To the widowed mother of any such member, who was the sole 
support of such mother, who shall die after the passage of this act, a sum 
not to exceed two hundred dollars per annum, to cease upon the death or 
reanarriage of such widowed mother. [Added by L. 11)11, ch. 830.] 

I 5S3. Any such member who has or shall have performed duty a& such 
member for a period of ten years or upwards shall be relieved and dismissed 
from said force upon his or her own application, or by order of the com- 
missioner, upon an examination by the medical examiners of said depart- 
ment, to be made at any time when so applied for or when so ordered, if a 
majority of such medical examiners shall certify that such member is per- 
manently disabled, physically or mentally, so as to be unfit for duty; and 
such member so relieved and dismissed from said force shall be paid from 
said fund in monthly instalments during his or her lifetime a sum not 
less than one-half of the annual salary or compensation of such member 
when he or she was so retired; and any such member who shall have per- 
formed duty on said force for a period of twenty years or upward, whether 
continuous or rendered during different periods, and wbo has reached the 
age of sixty years, may, upon the application of such member in writing, 
be relieved and dismissed from said force and service, and shall he paid 
from said fund in monthly instalments durinfr his or her lifetime a sum not 
less than one-half of the annual salary or compensation of such member 
when so retired; provided, however, that no such member shall be so retired 
or granted a pension while there are charges of oiHcial misconduct pending 
against him or her. Pensions granted under this section shall be for the 
natural life of the pensioner and shall not be revoked, repealed or diminished. 
[Added by L. 1911, ck. 839.1 

I 664. The commissioner of street cleaning, as such treasurer and trustee, 
JB authorised and empowered to make and enforce all such riiles, orders and 
regulations as may be necessary to carry out the provisions of this act 
relative to pensions and may employ members of the department for such 
purpoae so far as may be required. [Added by L. 1911, ch. 839.(1 

f 666. The moneys or otber property of the relief and pension fund of 
the department of street cleaning and all pensions or relief moneys granted 



byGcx:)g[e 



Hkpoet of thg Commissioskb of Labor, 19-11, 297 

and payable from aaid fund shall be, and the aame are, exempt from levy 
and sale under execution, and from all processes or proceedings to enjoin 
payment, or to recover such moneys or property, 1:^ or on behalf of any 
creditor or other person having or aaaertkng any claim against, or debt or 
liability of any person entitled to such penaion or relief. lAdded bji h. 1911, 
ch. 83».] 

I 656. This act shall take effect October firat, nineteen hundred and eleven, 
so far as it applies to the deduction t^ the comptroller of three per centum 
of the pay, salary or compensation of the members of the department of 
street cleaning, and to the collcctioii and taking over by said treasurer and 
trustee of such other moneys as are provided by this act to tie t«ken for 
such fund, and all such moneys shall be so taken and held for such purpose 
by said trea'surer and trustee on and after said date. Provided, bowever, 
that no such deduction of such per centum shall be made by the comp' 
troller from the pay, salary or compensation of any person who is or was 
a member of the department of street cleaning on or before September flrat, 
nineteen hundred and eleven, unless such member shall have given his or her 
consent la writing to the commissioner of street cleaning on or before that 
date that he or she agrees to abide by the provisions of this act and authorises 
tlie comptroller of the city of New York to so deduct such per centum; and 
any such member who fails to give piich written consent shall not be en- 
titled to be or to become a beneHciary of said relief and pension fund; but 
such deduction of such per centum shall be made by the comptroller without 
such consent from the pay, salary or compensation of any person who shall 
become a member of the department of street cleaning after September 
first, ninete<'n hundred and eleven, and all such persons shall be entitled to 
or become beneficiaries of said relief and pension fund without such written 
consent to such deduction. [Added by L. 1611, ch. S36.'] 

i 557. No relief or pension shall be paid to any per&on under the pro- 
visicmH of this act, and no person shall be entitled to receive any of the 
benefit's provided for in tiiis act prior to January first, nineteen hundred 
and thirteen, excepting Hiat relief and pensions granted under the pro- 
visions of bills aict shall be paj-able to and througih members of the depart- 
ment who shall die or become disabled on and after September flrbt, nine- 
teen hundred and eleven, but tue payment of such relief or pension shall 
be postponed until January first, nineteen hundred and thirteen, on which 
date the provisions of this act providing for the payment of relief or 
pensions shall take effect. [Added liy L. 1911, ch. SSO-U 

FSOBIBIIIKI} TB£ 8VB-LETIINa 07 PUBLIC OOHIBAOTB. 

Genebal MuNictpAL Law, Chapteb 24 or thk CoNSOLiDATiit Lawb. 

(See Also g 43 of Btate FEaanire Law. ch. 5S ot the Consolidated Laws.) 

f 86. Contractors not to assign contracts with municipality without Its 

consent. — A ctauae shall be inserted in all specifications or contracts here- 
aff«T made or awarded by any municipal corporation, or (jny 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 



byCoOglc 



298 !N'ew York State Dkpartmbnt of Labok. 

other pereon, company or corporatioo, without the previous consent in writ- 
ing of the department or of^al awarding the same. 

If any contractor, to wliom any contract is hereafter let, granted ot 
awarded, as required by law, by any municipal corporation in the atate, or 
hj any public department or official thereof, shall, without the previous 
written consent epecified in the first paragraph of this section, assign, trans- 
fer, convey, sublet, or otherwiae dispose of the same, or his right, title or 
intereet 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 ofGcer, 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 same, 
and said contractor, and his assignee, transferee, or sub-lessee, shall forfeit 
and lose all moneys, theretofore earned under said contract except so much 
OS 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 Stat*. 

Htauaisa the fathent or waqeb to eiiplqyei:3 of oohteaotou 

vfon canals. 

Cakai. Law, Chapteb 5 of the Consoubated Laws. 

i 145. Security for payment of laborers. — The superintendent of puMit 
worts or assistant superintendent having charge, shall also require and takt 
from the contractor, a bond with at least two good and sufficient suretiea, 
conditioned that such contractor will well and truly pay in full, at least one* 
in each month, all laborers employed by him on the work specified in andi 
contract, which shall be duly acknowledged and filed in the office of th« 
clerk of the county wherein such contract or w5rk is to he 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 county. 

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 thir^ 
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 Inciutle anb-contracc- 
ors. (Swltt V. Klngglej. 24 Barb. 641; and see McCluaiter v. Cromwell, 11 N. Y 
C93.) 



.,C(iog[e 



Repobt of the Commibsioneb of Labok, 1911. 299 



Laws ot 1902, Ckafttb 58S. 
An Act relative to the povers of the aqueduct commiasionera, provided for 

and holding office under and pursuant to the provisions of chapter (our 

hundred and ninetj of the laws of eighteen hundred and eighty-three, and 

ita amendnientB. 

tkction 1. The aqueduct commissioners, provided for and holding otBca 
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 herehy 
authorized and empowered to agree with any person, Grm or corporation with 
whom they have contracted or may hereafter contract, upon such terms and 
eonditions as shall in their judgment and discretion, be for the best interests 
of the city of New York, that eight hours shall constitute a day's worlt for 
all laborers employed hy said peraon, firm or corporation iu the performance 
of his or its contract and that no laborer employed in tlte 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 l>e valid 
or binding until the same has been approved by the board of estimate and 
apportionment of the city of New York. 



^dbyGoogle 



FEtSOH lABOB.* 

OOOTTFATIOH AND EHPLOYKEWI 07 COHTIOTI. 

Constitution of State of New Yobe, Abticle III. 
Section 29. The Legislature shall by law provide lor the occupation and 

employraent of prisoners sentenced to the severiil State priaoni, peniten- 
tinriea, jails and reformatories in the States and on and after ttie lirst 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- 
sent 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 public institution owned or managed and 
controlled by the Slate, or any political division thereof. 

Prison Law, Ch^ipteb 43 of the Consolidated Laws. 

ARTICIjB 7. 
PrlBOn iMbor. 

Section 170. Cootracls probiblted. 

IT]. Prisoners to be employed: products ol labor o( prisoners. 
1T2. Labor of prisoners □( Brat grade, bow directed. 

173. Lnbor of prlaonera of second grade, how directed, 

174. I.8bor of prisoners of third grade, how directed. 

I7.'>. Prisoners rmplojed [or use ot state, and divisions tbereot. 

176. No printing or photo -enBravlng to be done by prisoners for use of 

Btate. 

177. r^bor of prisoners In prisons, reform ntorles and penllentlarles, 
ITS. I^hor of prisoners In certain Institutions. 

176. KmploymcDt of convicts on public highways. 

180. Persona Interfering with convicts employed on highways guilty of 

misdemeanor. 
ISI. Classification of Industries ; report as to Industries. 

182. Articles mn nil foe lured to lie furnished to the state or division thereof. 

183. Eallmates of articles required to be furnlsbed commission fit .prisons 

1S4. Board of clnsslflcntion ; prices to be Bied. 

18!>. Enrnlnes of prisoners. 

ISG. Disposition of Qnes. 

187. Dlaposltlon of moneys paid to prisoner for his labor, 

168. Monthly statement ot receipts and expenditures tor prison Industrlea 

18ft, Statement of machinery and materials required. 

100. Machinery and materials for prison lEduatriea, bow purchased. 

IDl. Dlspoelllon of machinery on disco d tin nance of Induatry, 

lft2. Purchases to be Included in estimates. 

193. l>*pos1ts by agent and warden In banks, 

104. Violations of prison labor regulations. 

S 170. Contracts prohibited. — The superintendent of state prisons shall not,, 
nor shall any other authority whatsoever, make any contract by which tha 

* See also article 13 of the Labor liSW, anle. 

laooj D,s.„cb,Googlc 



Report of the Commissioner of Labor, 1911, 301 

labor or time of M17 prieonei' in any state prison, refonnatory, penitentiary 
or JEiil In this state, or tbe product or pro&t of his work, shall be contracted, 
let, fanned out, given or sold to any person, firm, asaociation or corporation; 
except that tlie convicts in said penal institutions may work for, and the 
pt«t(ucts 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 tlie Btate, or any political divieion thereof. 

I 171. Prisoneis to be employed; products of labor of prisoners. — -The super- 
intendent of Btat« 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 public 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 partiy for 
the other of such purposes. . 

I ITS. Labor of prisoneis of first grade, how directed.-^ The labor of the 
prisoners of the first grade in each of said prisonH, reformatories and pen! 
tentiaries, shall be directed with refsreiice to fitting the priaorer to maintain 
himself by honest industry after 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 
giveu in such manner. Otherwise, and bo far as is conaiatent with the 
primary olijei-t of the labor of priaouera of the first grade as nforesaid, the 
labor of such prisoners shall be so directed as to produce the greatpst amourit 
of useful products, articles and supplies iieoled 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 faid labor nisy be for the 
state, or any political division thereof. 

i 173. Labor of prisoners of second grade, how directed. — The labor of 
priaoners of the second grade in said prisons, reformatories and ponitcntiariea 
shall be directed primarily to labor for the f.tate 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. 

I 174. Labor of prisoDeis of third grade, how directed. — The labor of- 
priaoners of the third grade shall be directed to such exercise ns shall tend to 
the preservation of heaith, or they shall be employed in labor for the state, 
or ft political division thereof, or in (lie 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. 

5 175. PriBoners employed for use of state, and divisions thereof. — All con- 
victs sentenced to state prisons, reformatories and penitentiaries in the state, 



D.g.tizecbvGoOglc 



302 Nbw Tobk State Depa&tment of Labob. 

■hall be employed for the stat«, or a political diViaion theTcof, or in productive 
induatries tor the bmicflt of the state, or the political divinion* thereof, or for 
the uaa of public inatitiitiona owned or managed and controlled h; the atate, 
or the political riiviaiona thereof, which shall be luider mlea and regulations 
for the distrihution and diveraificatton thereof, to be eatablished by the Btat« 
commiaaioQ of priaona. 

i 176. Mo piintins or photo-engraviDg to be done by ptfaoneis for ute 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 the atate or 
any aueh political division, except auch printing aa may be required for or 
used in the penal nnd state charitable inatitutiona, and the reports of the 
atate commission of prisons and the superintendent of prisons, and all printing 
required in their offices, 

i 177. Labor of piiaoneia in prisons, Tefoimitoiiea and penitentiaries. — 
The labor of the convicts in the atate prisons and reformatori^ in the state, 
after the necessary labor for nnd manufacture of all needed supplies, for said 
institutions, sh^U be primarily devoted to the state and the public buildings 
and institutions thereof, and the manufacture of aufipliee for the state, and 
public institutions thereof, and secondly to the political divisions of the atate, 
and public inatitutions thereof; and the labor of the convicts in the peni- 
tentiaries, after the necexsary labor for and ojanufacture of all needed aupplies 
for the same- shall be primarily devoted to the counties, respectively, in 
which said penitpntiarica are located, and the towns, cities and villages therein, 
and to the manufacture of supplies for the public institutions of the countiea, 
or the political divisions thereof, and secondly to the state and the public 
institutions thereof. 

I 179. Labor of priaoners in certain inatitutions. — The state board of 
managers of reformatories, and the managing authorities of nil the peniten- 
tiariea or other pennl institutions in this state, are hereby authorized and 
directed to conduct the labor of prisoners therein, respectively, in like mannei 
and under like restrictions, aa labor is authorized by sections one hundred and 
seventy and one hundred and seventy-one of this article, to be conducted in 
state prisons. 

i 179. Employment of convicts on pnUic higliwaya. — The superintendent 
of atate prisons may employ or cause to be employed, not to exceed three 
hundred ot the convicts confined in each state prison in the Improvement of 
the public highways, within a radius of thirty miles from such prison and 
outside of an iniMtrporated city or village. 

Tiie Agent and warden of each prison may make such rules aa he may 
. deem necessary for the pr:>per care of aucb prisonera while so employed, subject 
to the approval of the superintendent of state prisons. 

The agent nnd warden of each prison may designate, subject to the approval 
of the superintendent of state prisons, tlie highways nnd portions thereof upon 
which auch labor aliall be employed; and such portions so drsignated and 
approved shall be under hia control during the time such improvementa are 
in progress, and the atate 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. 



byCoOglc 



- Report of the Commissioner of Labok, 1911. 308 

The super in ten dent of state prisons is hereby authorized to purcha«a any 
machinery, tools and materiala neceseaiy in such employwent, 

i 182. Aitidea manufactured to be furnished to the st&te or ilivlBioil 
thereof. — The superintendent of state prisons, and the superintendents of 
reformatories and penitentiaries, respectively, are authorized and directed to 
cause to be manufacturPd by the convicts in the prisons, reformatories and 
penitentiaries, such articles as nre needed and used therein, anil also such as 
are required by the state or political divisions thereof, and in the buildings, 
offices and public institutions owned or managed and controlled hy the state, 
including articles and materials to be used in the erection of the buildinga. 
All such articles manufactured in the etate 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 priee-i 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 commiBsion of prisons shall certify that 
the same can not be furnished upon such requisition, and no claim therefor 
shall be audited nr 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 diffsrent 
kinds required to be purchased by them that can be furnished by the peiwl 
institutions in the state. The said commission is authorized to malie 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 ib% 
industries in said penal institutions. 

} 184. Board of classification; prices to be fixed. — The fiscal supervisor of 
state charities, the state conmiission of prisons, and the superintendent of 
state prisons and the lunacy commission are hereby constituted a board 
t« be known as the board of classification. Baid board shall fix and determine 
the prices at which all labor performed, and all articles manufactuied 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 
tabor furnished by the penitentiaries to or for the county In which thej 
are located, or the political divisions thereof, shall be fixed by ths 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 
Bueh labor and supplies as possible. The state commission of prisons shall 
devise and famish to all such institutions a proper form for such requisition, 
and the comptroller shall devise and furnish a proper eystem of oceounta 



byCoOglc 



304 ]!^KW YoBK State Department of Laboe. 

to be kept for all such tronsoctioua. It shall also be the dutj of the 
board of claasifleation to classify the buildings, ofDcea and institutianB 
owned or numaged and controlled by the state, and it sball fis and determine 
tbe stflee, patteme, designs and qualities of the articles to be manufactured 
for such buildings, offices and public institutions, in the charitable and p^al 
institutions in this state. So far as practicable, all supplies used in socb 
buildings, ofBces and public institutions shall be uniform for each class, 
and of the styles, patterns, designs and qualities that can he manufactured 
in tlie penal institutions in ttiis stntc. 

{ 185. Earnings of prlsoneis. — - 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 tbe superintendent of the reformatory, or superintendent 
of the penitentiary, receive compensation from the earnings of the prison 
or reformatory or penitentiary in which be is confined, such compensation 
to be graded by the agent and warden of the prison for tbe prisoners 
therein, and tlie superintendent of tlie reformiitory and penitentiary for 
the prisoners therein, tor the time such prisoner may work, but in no 
case shall the compensation allowed to such convicta exceed in amount ten 
percentum of tbe earnings of tbe prison or reformatory or penitentiary in 
which they are confined. The difference in the rate of compensation shall 
be based both on tbe pecuniary tbIuc of the work performed, and 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 tbe rules or r^ulations of the prison, reformatory or penitentiary, ha 
shall forfeit out of the compensation allowed under this section fifty cents 
for each day of good time ho 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 hia 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. 

EHFLOTMEITC OF FBISOMEBB IH COXmTT ^AILS. 

The County Law, Chapter 16 or the Coksoijdiitbd 1u\w8. 
I 93. Food and labor.^ Prisoners detained for trial, and those under sen- 
tenoa, shall be provided with a sufficient quantity of plain hut wholesome 
food, at the expense of the county; but prisoners detained for trial may, at 
their own ezpenee, 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 he 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, may prescribe 
the kind of labor at which such prisoner shall be employed; and the keeper 
shall aecount, at least annually, with the board of supervisors of the conuty, 
for tbe proceeds of such labor. Such keeper may, with the consent of the 



byCoOglc 



Report of the Commissionek of Laboe, 1911. 305 

board of Bupersisora of the county, or tlie county judge, from timo to time, 
causa such of the convicts under his charge as are capable of hard labor, to 
be emploj'ed outside of the jai[ in the same, or in a.n adjoining county, upon 
auch terms as maj be agreed upon between the keepers and the ofBcers, or 
persons, under whose direction such convicts shall be placed, xubjeet to such 
regulations as the board or judge may prescribe; and the board of Buperviaors 
of the several counties are authorized to employ convicts under sentenee to 
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. Tillages, 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 tiiis 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 a« may be 
provided for them by the boards of supervisors. 

EMPLOYHEHT OF FRIBOHEBB IN MEW YORK CITY FINAL UfBTITUTIONS. 

Laws of 1001, CnAprm 46G (The New Yobk City Chabtbs). 

i 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 he erected, or in public works carried on by 
any department of the city, or at such mechanical or other labor as shall be 
found 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 he 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 under 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. 

S 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 tlie charge of sui:h 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, 



D.g.tizecbvGoOglc 



306 Nbw Yoek State Depaetmbnt of Labob. 

while BDch wud is being used for hospital pnrpoaes. Tb« proriatoiu of 
this act or of law requiring advertiaement for bids or propoaala, or t]w 
awarding of contracta, for work to be done or suppliea to be fumielied for 
an^ of isid departmentB shall not be applicable b> public work which maj 
be done or to the aupplies which may be furrilshed under the provlaions of III* 
prison law. 

i 702. Hours of labor; discipline. — The hours of labor required of any in- 
mate of any institution under the charge of the commiaaioner shall be Bxed by 
the commisBionM. ••••••••••• 



^dbyGoogle 



AGEICTTLTUKAL LABOE. 

The AoBict;LTUBAL Law, Chapieb of -fhg Coksolidatbd Iaw8. 

article: 12. 

Avrlcmllnral SlaUalloa. 



S 330. Collection &nd diaBemination of statistics. — Tbe eommlMioau 
of agriculture may collect and disaeminate Buch information rdative to afri- 
culture, and agricultural labor within the state, as he may deem wise for th* 
purpose of promoting ngricultural production within this state. 

i 281. Information to be fumialied b7 supeirisois. — Supervisors of the 
different towos and wards in this state shall furnish to the commiBaioner 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 b* 
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 thirty days from the time it ia 
asked for. The expense incurred by the several Hupervisors in furnishing such 
information shall be a town charge to be paid in the manner now provId«d by 
law for the payment of services and dishursemanta by such supervisor. 
[3071 



ubjGoOgIc 



BAIXWAY LABOB. 

[*'(C olso lirTiEB AND LiJBii,iTiK3 OP KMPi/JTEKS, ETC., anii iccUoni C, 7 and 8 
or the Labor Laic] 

THE BAFETT OF BAILWAZ EKFL07EEB| 

rHE Railboad Law, Chapter 49 of tub Consoudatbd Laws. 

i 71. DuUea imposed.— It shall be the duty of every railroad corporation 

operating its road by Bteam; 

1. To lay, in the conatruotion of new and in the renewal of existing 
switches, upon freight or passenger main line tracks, switches on the prin- 
ciple of either the ao-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 erect and thereafter maintain such suitable warning signals at 
every road, bridge, or structure which crosses the railroad above the tracks, 
where such warning signils 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 persona, 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 under the direction and superintendence of said corporations, or the 
directors, managers or superintendents thereof, by persona of suitable 
qualifications and attainments to perform the services required of inspectors 
of boilers, and i^ho from their knowledge of the construction and use of 
boilers and the appurtenances therewith connected, are able to form a 

D.s.™cb,CjOOglc 



Repoet of the Commissioner ot- JjAbor, 1911, ' 309 

reliable opiDion of the strength, form, workmanship and suitableness of 
boilers, to be emptofed without hazaiti of life, from imperfections in ma- 
terial, workmanship or arrangement of any part of such boiler and appur- 
tenances. All Biieh boilers so used sliall 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, 
fiBible pliigs, hiw water glass * indioater gauge cocks and steam gauges, 
shall be of sucll 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- 



• So io oriainal. 



byCoOglc 



310 ■ New York State Depaktmbnt of Labor, 

misBion may by rule fix, ehftU be furnished with a copy of any audi cer- 
tificate. The public service commission shall enforce the provisions of this 
aectioL as to penalties. 

i 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 commissionB and shall receive a compensation to be Sxed by 
the commission, not exceeding three thouaattd dollars per year. He shall, 
under 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 an<l 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. 

I 74. Core 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 superiitendents, to cause the 
boiler of every locomotive used on such railroad to be washed out as often 
a* 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 sueh glass, 
which valves or shut'Off ooclts shall be so constructed that they can be 
easily opened and cl<wed by band; 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 shall 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 tblB 
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, 

{ 76. FnblJc 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. ICquipment 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. 



byCoOglc 



Eepokt of the Commissioner of Labor, 1911, 311 

I 78. Coal jimmiM, — The use of cars known and deeignated as "coal 
jimmiea " in any form ejid the use of any car as a, caboose unless it shedl 
have a suitable and safe platform at each end thereof, and the usual railing 
for the protection of persona 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 Jimmiea " with, and the use thereof upon, railroads of more 
than fifteen miles in length or whose average grade is lees than two hun- 
dred feet to the mile. 

3 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 sufRcient 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, ou its tine or lines within the 
state, any freight car not equipped with couplers of the master car builder*' 
type, and coupling automatically by impact, and which can be uncoupled, 
except in caees of accident, without the necessity of men going between the 
ends of the cars. 

S 81. Violation of tout 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, Chapteb 40 ov the Consoudated Laws. 
i 1988. Guard posts; automatic couplers. — All corporations and persons 
otlier 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 trusfies upon surh railroad, so 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 a1! 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 freiglit 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 raisderaeanor, punishable 
by a fine of five hundred dollars for each oSense. 

Public Service Commissions Law, Chapteb 48 of the Consoudatix 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 giy^ imme- 

r ■,zc-ctvG00gIc 



312 New York State Dkpartmknt of Labor. 

diate notice to the commiaiiou of eveiy accident liappeiilng upon any line 
of railroad or atieet railroad owned operated controlled or leased by it 
within the territory o\er which such commisaioii has jurisdiction in aueh 
. mauner aa the commiaaion may direct Such notice shall not be admitted 
as eiidence or used for any purpose against such common carrier railroad 
corporation or alreit railroad corporation gnmg such notice in anj suit 
or a<.tion for damages growing out of any matter mentioned in said notice 
'Us also § 68 Buthorlilng the Con mlt. loos to order improTementa necessary to 
protect pp BODS omplojcd In the manufatture and dlstrlLmtlon f gaa r>r electricity 

ENCI.08VBE OF STBEET CAB VJ.ATFOBMB 

The RAiLRO\n Taw Chaptfk 4' if the ((^^so1Il)ATFn 1 vws 
S 114 Protection of employees — Eiery corporation operating a street 
surface railroad in this itate except such as operate a rail oad or railroads 
either in the borough of Manhattan or Brooklyn in the city of New 'iork 
ahail cauae the front and rear platform" of ivtrj passenger car propeilel 
by electricity cable or compressed air operated on any dmsion of auch 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 tie renr ft nt) er oi? t If inci aeil fi m tie frnits of lie jlatforn a 
to the fionts of the hoods so is to afford protection to any person stationed 
by aiith corporation on such platforms to perform duties m connection with 
the operation of such cars E\ery corporation or person u-^ing and operating 
a car m violation of this section shall be liable to a penaltj of twentj five 
dollais per day for each car so used and operated to be collected in an 
action brought by the public ser\ite commisaion and to be paid to the trea'^ 
nrer of the state of New \ork or in a suit by the attorney of the munici 
pality in which the violation of the proMSiona of this section occurs to be 
paid into the treasuij ot sucli municipility 

S 19j Platforms on new cars, how constructed — All street surface rail 
road pasaeiiger cars purchase! built or rebuilt after the hrst day of De 
cember nineteen hundred and foui ind operxted m the atate of New 'iork 
on and after said date except thoae owned bj aii\ company operating either 
in the boiough of Manhattan or Brooklyn in the city of New York shall 
be constructed in accordance with the provisions of the preceding section 

^ lOG Protection to employees in the counties of Albany and Rensselaer — 
Eiery corporation operating a sticet surface iiilroad in the counties of 
Albinv and Rensselaer shall canse the front and rear plitforma of every car 
propelled by electricitj cable or compresied air during the months of De 
cember Januarj Febniarj 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 sudi corporation on such platforms to jerform dutiea in connection 
with the operdtioi of Such cars Platforms on cars on such street surface 
'ailroads used more than one mile outside the limits of a c ty shall be com 
pletely inclosed from platform to liood Fverv corporition using and 
operating a car in violation of this section shall be liable to a penalty of 
twenty five doUara per daj for each ear so used and operated to be col 
lected by the people to the use of the poor of the county in whicb aucb 



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Report op the Commissionek of Labor, 1911, 313 

corporation haa its principal office, in an action brought by the public 

service commiBBion or the distriet attorney of such county. The Bupreme 
court may, on the application of a citizen, direct the district attorney to 
bring such action. 

I 197. Protection of employees in the counties of Kings and Queens.— 
Every corporation operating a street surface railroad in the counties of Kini^ 
or Queens, shall cause the front and rear platforms of every passenger car 
propelled by electricity, cable or eompressed 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 stationeil by such 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 tor 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. 

aVALIFIOATIOKS OF ENOIlTEEaS AND TELEOSAPHEBE. 

Penal Law, Chapter 40 or the Consolidated Laws. 
i 1982. Person nnahle to read not to act or be employed as engineer. — Any 
person unable to read the time-tal>les 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 
Buch engineer or to run any such locomotive; or who employs a person as a 
telegraph operator who is under 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 nwvement of trains, is guilty of a 
misdemeanor. 

aTrALtEIOATIOMS OF ST&EET RAILWAY OOMDITOIOBS, HOTOBHEH, ETC. 

The Railboad Law, Chaptkb i'.l of the Consouuated Laws. 
f S3. PeisoDS employed as drivers, conductors, tnotonnen 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, i( 
fit and competent therpfor. All applicants for positions as motormen or 
gripmen on any street surface railroad in this staf« shall be subjected to 
a thorough examination by the officers of the corporation as to their habit?, 
physical ability and intelligence. If this examination is satisfactory, the 
applicant shall be placed in tlie 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 
npplicant shall first serve on the lines of least travel. Any violiition of the 
provisions of this section shall be a misdemeanor. 



D.s.racbyGoOglc 



New Yobk State Depaetment of Labor. 



Pekal Law, Chapteb 40 op thf Consoudated Laws. 
! 1913. Employment by common caniei of person addicted to intoxicatioD. 

— Any person or officer oE sn asaocUtion or corporation engaged in the busi- 
ness of conveying paaaengera or property for hire, who shall employ in the 
conduct of such business, as an engineer, fireman, conductor, switcb -tender, 
train dispatcher, telegrapher, commander, pilot, mate, fireman or in other 
like capacity, ao that by hia neglect of duty, the safety and aecurity of lifo, 
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, ahall be guilty of a misdemeanor. 

g 1984. Intoxication or other misconduct of lailroad 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 pre8cri!>ed. 

Is guilty of a misdemeanor. 

See also H .H22-32;i of the Htcliway Law (cb. 25 oF the CanaolIdaMd Laws) 
lorblddlog the employment of pereooB addicted to dninfaenneas b; owners of public 
carriages, 

HIBCOHDirOT OF OFFICULB OH EHFLOTEEB OH ELEVATED SAILROADB. 

Penal Law, Chapteh 40 of the Cobsolidated Laws. 

i IS83. Miaconduct of officials or employees on elevated railroads. — Any 

conductor, brakeman, or other agent or employee of an elevated railroad, 

1. Starts any train or car of auch railroad, or gives any signal or order to 
any engineer or other person to start any such train or ear, before every 
passenger therein who manifests an intention to depart therefrom by ariaing, 
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 desire to enter the train, baa actually boarded or entered the 
same, unless due notice is given by an authorized employee of auch railroad 
that the train is full, and that no more passengers can then be received; or, 

2. Obatrueta the lawful ingress or egress of a passenger to or from any 

3. Opens a platform gate of any auch car while the train ia in motion, or 
starts such train before such gate is firmly closed. 

Is guilty of a misdemeanor. 
I'ormerly Penal Code. ! 410. 



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Report of the Commissioner of Laboe, l&ll. 315 

VEABIHO OF UKIFOBHB AND BADGES. 

Penal Law, Chapteb 40 or the Consolidated Laws. 
S 1989. IncitiuE lailroad employees not to weai anifonn; unautborized 
wearins of unifonii. — A person who: 

1. Advises or induces any one, being an officer, agent or employee of a rail- 
way company, to leave tlie servioe of such company, because it requires a 
uniform to be worn by aucb officer, agent or employee, or to refuse to wear 
such uniform, or any part thereofi or, 

2. Uses any inducement with a person employed by a railway company to 
go into the service or employmetit of any other railway company, because 
a (miform is required to be worn; or, 

3. Wears the uniform designated by a railway company without authority, 
la guilty of a. misdemeanor. 

Railroad Law, Cuaiteb 49 of the Consolidatbd Lawb. 
S 65. Conductoia and employees must weai badKes.— 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 tetters 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 property. 

CONDVCIOKB AND TBAIMHEH AB POLIOEMSH. 

Railroad Law, Cuapteb 49 of the Coi^souDAXED Laws. 
i S8. When conductors and brakemen may be policemen. — The governor 
may appoint any conductor or brakomiui on any train conveying paasengers 
on any steam railroad 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 ot the corporation owning or operating such railroad; and 
he ]iiay also appoint, on the appliimtion of any such corporation, or of ajiy 
steamboat company, such additional policemen, designated by it, as he may 
deem proper, who shall have the uune powers. Every such policeman shall 
within fifteen days after receiving his commission, and before entering upon 
the duties of his office, take and subscribe tlie constitutional oath of office, 
and file it with his commission in the office of the secretary of state. The 
post-office address of the person appointed shall appear in the comtuission, 
and whenever such address is changed the person appointed shall file with 
the governor a statement of the new address. 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 
aueh policeman shall lie aiich as may be agreed 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 



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316 New Yoke State Depaetmbnt of Labok, 

policemen it may file notice to that effect in the office in which notice of hie 
appointment wae ori^nalt; filed, and thereupon 6ucb appointment shall 
oease and be at an end. The governor may alao at pleasure revoke the 
appointment of any such policeman hy ifiling a revocation thereof in the 
office of the secretary of state and mailing a notice of auch filing to the 
corporation for which he was appointed, and also to the person whose ap- 
pointment is revoked, at his last post-otTice address as the same appears 
in the commission or the latest statement thereof on file. If such person 
thereafter, knowing of such revocation or having in any manner received 
notice thereof, exercises or attempts to exercise any of the powers of a 
policeman, under this section, he shall be guilty of a misdemeanor; and the 
filing and mailing of such notice, as above provided, shall be presumptive 
evidence that auch person knew of the revocation. [As am'd by L. 1911, 
cfc. 817.] 

PBOVISINQ FOR BAIL OF HAILWAT EKPLOYEEB IK CASES OF ACCIDENT. 
Code of Cbiminal Phoceoubk. 

S 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 eurface railroad, ia arrested in 
any city on a criminal charge, arising from an accident in conneetioii 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, motorman, 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 tlfe 
same manner, bo 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 reipiiruil. \Aihtcd hy L. 1903, ch. 
814-1 



Rau.boad I^w, Chapter 49 of the Consolidated Laws. 
S 190. Sale of uncUimed 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- 



Dni.tizc-ct.GoOglc 



liEPOET OF THE CoMMlaSIONKE OF LABOR, 1911. 317 

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 shail have such property not perishable, in its posBession 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 bo 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. 

I 200. Disposition of proceeds. — All moneys arising from the sale of any 
such unclaimed property, after deducting charges for storage and expenses of 
sale, shall be paid by any such corporation to the treasm-er of any associa- 
tion, composed of the employees of such corporation, having for its object the 
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 
comity 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 county. 

CI. Jtailroad Law, ! fiS, telatlng to sale ot ' UndRlmcd freight and baggage," 
and General Business Law (cb. 20 of [be ConaoUdatGd Laws), SS 207-208, relating 
to sale of uDClaimed articles In botels, for benefit of coUnty poor. 

OOHPLAIltTB TO PTTBLIC 8EBVTCE COHinBSIONS, 

Pirauc Sebvice CostMIsaiOJis Law, CnArTER 48 of the Consolidated Lawp. 
% 45. General powers and duties of commissions in respect to common ear- 
ners, 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 conijition, 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 tlie 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 



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318 New York State Depaktment of Labok, 

pereoiiB bj r^^ular pajaenger trains over tbe distance covered by such in- 
spection. The coat of such tra,nBporta.tion, if the commisaion bo elects, may 
be paid upon bill rendered to tlie commiasion after the transportation has 
been furnished and the amount thereof ascertained, 

3. Each commission and each commissioner shall have power to examiue 
all books, contracts, records, documents and papers of any person or cor- 
poration subject to its Buperviaioii, and by subpcena duces tecum to compel 
production thereof. In lieu of requiring production of originals by aubpmna 
duces tecum, tbe commission or any commissioner may require awom copies 
of any such books, records, contracts, documents and papers or parts thereof 
to be filed with it. 

£ 48. Investigations by commission.-^ 1. Each comwission 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, 
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 francitise 
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 or corporation com- 
plained of shall make reparation for any injury alleged and shall ceElse to 
commit, or to permit, the violation of law, franchiae 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 cither 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. 



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INDUSTRIAL ESUCAHON. 

THE APFBXUTIOE STSTEK. 

[Apprenticeship 1b rezulated br Article Till of the Domestic Belatlans Law 
(printed below), which 1b to be enforced l>y the CommlBsloDGr of Labor (see j 6T Ot 
tbe Labor Law, ante). The Penal Law makes It a misdemeanor to take an apprea- 
tlee without the consent of the psrent or guardlsn (j 1275. 3, anfe), and the Code of 
Criminal Procedure (Title IX of Fart VI) preacrlbei the proceedioga reepectlnf 
masters, apprentices and Berrants.] 

Domestic RraAiions La.w, Ghapteb 14 of ths Consolidate) Laws. 



ApprCDtlceii Hud Serranta. 
Section 120. D«finltloiu: effect of article. 

121. Contenta of Indenture. 

122. Ind«iture b; minor; b; whom alEued. 

123. Indenture b; poor offlcecs ; b; whom Blgoed. 
134. Binding out children by charitable corporation ; 

12S. Penally tor failure of master or employer to perform provisions of 

Indenture. 
12fl. ABslgnment of Indenture on death of master or employer, 
127. Contract vrltb apprentice In restraint of trade void. 

S 120. Definitions; effect of article.— Ihe instmment wherebj 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 tiie 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. 

1 121. Contents of indenture. — Every indenture must contain: 

1. The namei of the parties; 

2. Tbe 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 tlie true age ; 

3. A statement of tiie nature of the service or employment to which the 
minor is bound or apprenticed; 

4. The term of aervioe or apprenticeship, stating the beginning and end 
thereof; 

G. An agreement that the minor will not leave his master or employer dur- 
ing the term for which he is indentured; 

0. 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. 

7. A statement of every sum of money paid or agreed to be paid in rela- 
tion to the service; 

5. 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 teacb, or 
cause to be carefully and skillfully taught, to such apprtmtice, every branch 
of the business to which such apprentice is indentured, and that at the es- 

[31B] 



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320 New Yoek State Department of Laboe. 

piratEoD of such apprenticeship lie will give to Bucli apprentice a certiftcat«, 
in writing, that such apprentice haa aerved at sneh trade or craft a full term 
of apprenticeship specified in such indenture; 

9. If a minor is indentured by the 'poor olHccra of a county, city or 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. 

I 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 h 
term of not less than three nor more than five years; 

2. As a servant or elerk in any profession, trade or employment for a tenii 
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 such 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 hie family; 

3. By the mother of the minor unless she is legally incapable of giving 
ton sent; 

4. By the guardian of the person of the minor, if any; 

5. 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. 



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Repoet of the Commissioner of Labok, 19H, 321 

i 124. Binding out children by charitable corporation; indenture; by 
whom signed. — An orphan asjlum or charitablo institution, incorporated for 
the care of orphans, friendleee or deatitute children, maj bind out aa an ap- 
prentice, clerh or servant, an indigent or poor child by an indenture in writ- 
ing. Such child must have been abeolutely aurrendered to the care and cua- 
tody of such asylum or institution in pursuance of this chapter, or have 
been placed therein as a poor person, as provided in section flfty'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-flrat year, and if a female, for a period which shall not extend beyond 
her eighteenth year. Srery aodi ebild shall, when practicable, be bound out 
or apprenticed to personB of the same religioua faith aa the parenta of such 
child. The indenture shall in such caae be signed: 

1. In the corporate name of such institution by the officer or officers thereof 
authn-ixed by the diraetcvs to eign the corporate name to auch inatrument, 
and shall be sealed with the corporate seal; 

2. By the master or employer. 

Such indenture may alao be signed by tlia child, if over twelve yaan of age. 

i 126. Penalty for failura of mattei oi cmployei to pufonn piovisions of 
indenture. — If a master or employer to whom a minor haa 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 hia behalf may bring an 
action against the master or employer to recover damages for such failure; 
and if satisfied that there is sufBcient 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. 

I 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 sueh 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 county judge of 
the county, on proof that fourteen days' notice of the application therefor 
has been given to the person indentured, 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 hie term of service expires he wilt not exercise his trade, 
profession or employment in any particular place; nor shall any person exact 
from any apprentice, after his term of service expires, any money or other 
thing, for exercising his trade, profession or employment in any place. Any 
security given in violation of this section sliall be void ; and any money paid, 
or valuable thing delivered, for the consideration, in whole or in part, of any 
11 

D.g.tizecbvGoOglc 



322 Ne?' York State Department of Laboe. 

audi agreement or exaction, may be recovered by the peraon paying the same 
vith interest; and every person accepting such agreement, causing such 
obligation to be entered into, or exacting money or otber thing, ia also 
liable to tbe apprentice in the penalty of one hundred dollars, which may 
be recovered in a civil suit. 

IHDTTSTBIAX TaAIHIHa LH TEE PUSLIO BOBOOLS. 



ARTICLE! 22. 



Section SOO. General industrial schools, trade schoola, and schools of agri- 
culture, mechanic arts nnd home making, may be established 

601. Such BchoolB may be establiahed in union free school districta. 
G02. Appointment of an advisory board. 

603. Authority of the board of education over such achoola. 

604. State aid for general industrial schools, trade schools, anJ 

schools of agriculture, mechanic arte and home making. 
eOo. Application of such moneys. 
606. Annual estimate by board of education and appropriations by 

municipal and school districts. 
SOT. Courses in schools of agriculture for training of teachers. 
I 600. General industiial schools, trade schools and schools of agricultuie, 
mechanic aits and home 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 tbe 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 tlie 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 pupila 
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. 

i 001. Such schools may be established in union free school districta. — 
Tbe board of education of any union free school district shall also estaUiah, 
acquire and maintain such schools for tike purposes whenever such schools 
shall be authorized by a district meeting. 

i 602. AppointmeDt of an advisoiy board. — 1. The board of education ia 
a city and the officer having the management and supervision of the public 
school system in a city not having a board of education shall appoint aa 
advisory board of five members representing the local trades, Industries, and 



byCoOglc 



Report of the Commissionee of L4bob, 1911, 323 

occupations. In the first instance two of aucb members BhaU be appointed 
for a term of one fear and thre^ 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. 

i 603. Authority of ther 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 authoriaee 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. 

g 604. State aid for EBnecal industrial schools, trade schools, and schools 
of axricntture, mechanic arts and home making. — I. 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 additional teacher employed exclusively in such schools for thirty- 
eight weeks during the school year. 

3. The commissioner of education may in bis 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. 

i 665. Application of such moneys. — All moneys apportioned by the com- 
f education for general industrial or trade schools shall be used 

DigmzedbyGoOglc 



824 New Yoek State Departmest of Labor, 

exclusively for the support and maintenance of such schools in the city or 
district to which such monefs are apportioned. 

§ eo6. Annual estimate by board of education and appropriationa by 
monlcipal and school districta. — 1. The board of education of each city or 
the oflicer having the management and euperrision of the public achool 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 Buch city, a written itemized estimate of the eipenditures 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 cily will receive from the state achool 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. Buch 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 proviuons of sections three hundred and twen^-three and three hun- 
dred and twenty-seven of this chapter the amount that wilt be reqnired 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. 

I 607. Conises 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. 



An Act to provide for lectures for workingmen and norkingwomen [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 publio 
schools of said cil? in the evenings for the benefit of workingmen and work- 
ingwomen. 

Digitized byG0l.)g[c 



Report of the CoiisiissioNEK of Labob, 1911. 325 

I 2. The BEiid board of education aif&U have power to purchase the books, 
Btatiouer;, charts and other things necessary and expedient to succeesfullj 
conduct BBid lectures wbich it shall have power t« direct. 

I 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 
aocommodation in the school buildings for pereons 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 
of carrying out the proTiaions of this act, and one or more lectures, in the 
discretion of said board, shall be delivered in each school or other building 
90 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 sufficient money to carry out the provisions of this 
act. [An am'd by L. 1S89, eft. 383; L. ISflO, ch. 305; L. 1891. c*. 71.] 



^dbyGoogle 



UCENSISa OF TBADIS. 

[State examlnatioQ boards stant certiflcateB or llceoms to Lureeg. pharmaciBts, 
pb^sldans and other proFeutoas, and also to marine engtoeers and chauSeurs; but 
tile regulation of other licensed tradei IB delegated to municipal ties. Of the various 
local laws ouly those applying to New York City are here reprinted.] 

LICEHBIira OF ENOINEGKB AKD PILOTS OF VES8ELB. 

The Navigation Law, Chapteb 37 or the Consoudatbd Laws. 

j 17. Licenses. — Every person employed as maBter, pilot or engineer on 
board of a steam vessel or a vessel propelled by machinery, csjrying paesea- 
gers for bire 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 a.ud 
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, eioept 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 bj/ L. 
1905, ch. 359,] 

For the act regulating the pilotage of the port of New Xork see Navigation 
Law, I 58. 

LIOEIIBIirO or OHADFFEiniS, 

Thk Highway Law, Chapteb 30 of the Coksolid&ted Laws. 

9 281. Definitions. — • ' • The term "chauffeur" shall mean any per- 
aon operating or driving a ^motor vehicle, as aji emploj'ce or for hire. » • • 
[As am'd by h. 1010, eft. 374 and h. lUli, ch. 491.] 

I 289. License of chaufieurs; renewals.— 1. License of chauffeurs. Appli- 
cation for license to operate motor vehicles, as a chauffeur, may be made, 
by mail or otherwise, to the secretary of state or hia duly authorized agent 
upon blanks prepared under his authority. The secretary of Btat« shall 
appoint examiners and cause examinations to be held at convenient points 
throughout the state as often as may be necessary. Such application shall 
be accompanied by a photograph of the applicant in such numbers and forms 
as the secretary of state shall prescribe, said photograph to be taken within 
thirty days prior to the filing of said application and to be accompanied 
by the fee provided herein. Before BUch a license is granted the applicant 
shall pass such examination as to his qualifications as the secretary of state 
shnll require. No chauffeur's license shall he issued to any person under 
eiifhteen years of age. To each person shall be assigned some distii^uiahing 
number or mark, and the license issued shall be in such form as the secretary 
[326] 



byGOl.)g[c 



Report of thk Commissionee of Labob, 1911. 327 

of itate ahall determine; it may contain epedal restrictions and limitaUons 
canceTning the type of motor power, horse power, design and other features 
•f the motor vehicles which the licensee may operate; it shall contain the 
distinguishing number or mark assigned to the licensee, his name, place ot 
i«sideace and address, a brief deacriptjon of the licensee for the purpose of 
identification and the photograph of the licensee. Such distinctive number 
or mark shall be of a distinctly different color each year and jn any year 
shall be of the same color as that of the number plates issued for that year. 
The secretary of state Aall furnish to every chauffeur so licensed a suitable 
metal badge with the distinguishing number or mark assigned to him thereon 
without extra charge therefor. This badge shall thereafter be worn by such 
chauffeur affixed to his clothing in a conspicuous place, at all times while 
be is operating or driving a motor vehicle upon the public highway. Said 
badge shall be valid only during the term of the license of the chauffeur 
to whom it is issued as aforesaid. Every person licensed to operate motor 
vehicles as aforesaid shall indorse his usual signature on the margin of the 
license, in the apace provided for the purpose, immediately upon receipt of 
said license, and such license shall not be valid until so indorsed. Every 
application for license filed under the provisions ot this section ahall be 
sworn to and shall be accompanied by a fee ot Ave dollars, two dollara of 
which shall be for his examination aforesaid and three dollars tor license 
fee. The license hereunder granted on or before August first, nineteen hun- 
dred and ten, shall take effect on that dato, and licenses issued prior to 
January thirty-flrst, nineteen hundred and eleven, shall expire on that date. 
Thp fees for such licenses shall be one-halt of the annual fees provided 

2. ChauiTeur's licensed registration book. Upon the recfflpt of «uch an 
application, the secretary of state ahall thereupon file the same in hia 
office, and register the applicant in a iKiok or iudex which shall be kept in 
the same maner as the book or index for the registration of motor vehiclea, 
and when the applicant shall have passed the examination provided for in 
the preceding section, th^ number or mark asaigncd to auch applicant to- 
gether with the fact that such applicant has pasaed such examination ahall 
be noted in said hoc^ or index. 

8. Unauthorized possesaion or use of license or badge. No chauffeur having 
been licensed as herein provided shall voluntarily permit any other person to 
possess or use his license or badge, nor shall any person while operating 
or driving « motor vehicle use or possess any license or badge belonging to 
■rother person, or a fictitious license or badge. 

4. Unlicensed chauffeurs cannot drive motor vehicle. No person shall 
operate or drive a motor vehicle as a chauffeur upon a public highway of 
this state after the flrBt day of August, nineteen hundred and ten, unless 
such person shall have complied in all respects with the requirements of this 
section; provided, however, that a nonresident chauffeur, who has registered 
under proviaiona of law of the foreign country, artato, territory or federal 
diEttrict of hia residence substantially equivalent to the provisions ot this 
section, shall be exempt from license under this section; and provided, 
further, he shall wear the badge assigned to him in the foreign country, 
state, territory or federal district erf his residence in the manner provided in 



byCoOglc 



328 New Yohk State Dkpabtmbst of Labob. 

S. Eenewal. Socb UoeiiBa timU be reDewed suiLualt; upon the pftymenti 
of the Buoa Fee aa provided in tiiitt Eectiou for tJie origiDal lioenae, Muh 
renewai to take effect on the first day of February of eacb year. The 
secretary of state nay refuse to issue or remv a license if be deeme tifB 
applicant not ijuatified ito receive such license, but the refusal of the secretary 
of state may be reviewed by writ of certiorari. For renewals to take efTect 
on and after February first, nineteen himdred and twelve, the fee sbalt be 
two doUars. [A« om'd by L. 1610. eh. 374 and L. 1911, oh. 4ftl.] 

EZAKIKAIIOS ABD UOEHBDro OT PIDUBS&fi IK CITIES. 

The GENmii, Citt Law, Chapter SI of the Consoudatto Laws. 

I 40. EzAmlning baatds of pltnubeis In dttes. — The esisting boards for the 
examination of plumbers in cities of this state are continued and each ahall 
hereafter be known as the examining board of plumbers. Such board in each 
oity shall continue to congiet of five persons to be appointed by the mayor, 
of whom two shall be employing or master pliunbers of not less than ten 
years' experience in the business of plumbing, and one shall be a journeyman 
plumber of like experience, and the other members of auch 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 soper- 
vision of the plumbing, drainage or sewerage, wh'om the mayor shall designate 
or appoint, or two members of the board of health of auch city having like 
duties or acting in like capacities. 

CMMflltttioruiUtv.— L. ISeZ, cb. 60S, from which this statute waji derived, was 
beld conatltutloaal as a police measure ta the Interest ot the public heatth. People 
ei rel, Necbsmcus v. Warden of the Cfty Prison, 144 N. Y. 529 (1806). 

A separate statute (L. 18M, cb. 608) r^alate* tbe practice of plomblDC la New. 
lark Clt; (see below). 

i 45. Ezaminatioiu; conducting business withont certificate piohibited. — 
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 sul»nit to an examination before such examining board 
of plumbers as to his experience and qualifications for such trade, busineas 
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. 

{ 4S. Begiatiatian, when required. — Every employing or master plumber 
carrying on bis trade, business or calling in any city of this state ahall 
register hb name and address at the office of the board of health of tJie 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 ritall 
be entitled to receive a certificate of such registration; provided, however, 
that such employing or master plumber shall at the time of applying for 
such registration hold a certificate of competency from an eEamining board 
of plumbers. 



bjGoogIc 



Repokt of the Coumissioner of Labor, 1911, 329 

i SI. Article limited.— Nothing in this article sMU affect or tupeiwde 
an; prvrision of chnpter eifbt hundred ctnd three of the lawe of eighteen 
hundred and ninetj-sii, reUting U> jrimnbing in the cit; of New York. 

Lavb or 189S, Chapteb 803. 
An Act in retation to plumbing in the city of New York. 

i 1. Once in each year, ever; employing or master plumber carryiDg on 
hie trade, buainesa or calling in the city of New York, shall T^^ter his 
name and addresa at the office of the department of buildings in said city 
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 master 
plumber shall, at the time of applying for such r^iatration, bold a certifloato 
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 eaoh 
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 roister within 
thirty days after obtaining such certiScate of competency, but be must also 
register in the month of March in each year as above provided. Such r^ia- 
tration may be cancelled by the superintendent of buildings for a violation 
of the rules and regulations for the plumbing and drainage of such eit?, 
duly adopted and in force pursuant to the proviaiona 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 
leu 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 h 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 addreas 
of such person and of each and every member of eueh oo-partn«rship ahall 
have been registered as above provided. 

t 2. In the city of New York it ahall be unlawful for any person or persons 
to expose the sign of " Plnmber " 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 Btatnte Is nnconatltntlaiial In so tar ai It attempts to subject non-praetietng 
or financial partners in a plumbing firm to eianilnatloD and retlstrstloa. Bchnaier 

V. Navarre Hotel and Importation Co., 183 N. T, 83 (June, 1906). 



LIOEKBIHa OF HOTUfQ-PICTtTEE KACHnii: ( 

Thr Gbnebai, Cits Law, Chapxeb 21 of the Conhoudated Laws. 
S 18. license to operate moving picture appaiatua. — It shall not be law- 
ful for any person or persons to operate any moving picture apparatus and 
its connections in a city of the first clasa unless such permn or persons so 
operating such apparatus is duly licensed as hereinafter proTided. Any 
person desiring to act as such operator shall make application for a license 
to so act to the mayor or licensing authority designated by the mayor, unless 



byCoOglc 



330 New Yobk State Dbpaetmbnt op Labor. 

the charter of said city ao designates, whiob officer shall fuTaish to each ap- 
plicant blank forma of application which the applicant shall fill out. Sndk 
officer shall make rules and regulations governing the examination of appli- 
couta and the issuance of licensee and certificates. A license shall not Im 
granted to an applicant unless be shall have served as an apprentice under 
a licensed operat^ir, for a period of not lean than six months prior to the date 
of the application; the application must be made in writing, and contain a 
verified statement to that effect; it must be accompanied by the affidavit of 
the licensed operator to the same effect; before entering upon the period of 
apprenticeship the applicant must register his name and address with the 
officer issuing such license. The applicant shall be given a practical examina.- 
lion under the direction of the officer required to issue such license and if 
found competent as to bis ability to operate moving picture apparatus and 
its connections shall receive within six days after such eicamination a license 
as herein provided. Such license may be revoked or suspended at any time 
by the officer -issuing the same. Every license shall continue in force for one 
year from the date of issue unless 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 officer issuing it in his dis- 
cretion upon application and with or without further examination as he 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 certifi- 
cate, certifying that the person named therein is duly authorized to operate 
moving picture apparatus and ita connections. Such certificate shall be dis- 
played in a conspicuous place in the room where the peraon to whom it ii 
issued operates moving picture apparatus and its connections. No person 
shall be eligible to procure a license unless he shall be of full age. Any per- 
aon 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 he guilty of a misde- 
meanor 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. [Added hy L. lail, oh. 262.] 

Laws of IBOl, CirAPTEB 466, Being the Revised Chakteb of Gbeateb New 

TOBK. 

i 620-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 .dulf 
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 
repilations governing the examination of applicants and the issuance of 
licenses and certificates. 

The applicant shall be given a practical examination under the direetioB 
of the commissioner of water supply, gas and electricity and if found com- 



byCoOglc 



REPOaT OF THE COMMISSIONER OF LabOB, 1911, 331 

petent as to his ability to operate moving picture apparatuB and its coonec- 

tions shall receiro within six d&ya after auch examination a lioehae as herein 
provided. Such license may be revoked or suapeaded at any time by the 
oomraisBioner of "water supply, gas and electricity. Every license shall con- 
tinue in force for one year from the date of issue unless sooner revoked or 
suspended. Every license, ucleas 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 commiBsioner may 
direct. Every application for renewal of license must be made within the 
thirty days previous to the expiration of Bucb license. With every license 
granted there ahall be issued to every person obtaining such licanse 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 
plaoe in the room where the person to whom it is issued operates moving 
picture apparatus and its connections. No person ahall 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 6y L. 1910, ch. 654.] 

IM8P£0TIDM OJ STEAK BOILERS AND aCBSnSQ OF 8IEAK EVOmZEBS IH 
NEW TORR OUT." 

L&WB OF IQOl, Ckapteb 46S, BBraa the Retisbd Cbabtu or Gbeates 
New Yobe. 
i 342. Steam bailers; 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 Tork shall annually, and at such convenient times and in such 
manner and in such form as may by rules and r^nlations to be made tiiere- 
for by the police eommiasioner 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 preBsure and the strength and security of each boiler or boilers 

* For statale regnlatloi examination of statJonary englneeri In Bnllalo, aea Ott 

charter (Ii. 1691, ch. tOS, aa am'd by L. 1899, cb. GST). As to senecal responal- 
bllltr of perrons lu charge ol steam boilers, see ]( 1052, ISD.S of the Penal 
Law, given in part, Dnder " CrlmlDal liability for negligence," under Dotiis akd 
T Bmplozeibs akd Buflotbbs, nnlE. 



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332 New Yokk State Department op Labok, 

so tested afakll bftve, under the control of said sanitaiy company, such 
attachments, apparatus and appliances as majr be neceasarj for the limitation 
of pressure, locked and secured in lilce manner aa 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 Congxess, 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 boiler shall be applied thereto. In limiting the 
amount of pressure, wherever the boiler under teat will hear the same, the 
limit desired by the owner of the boiler shaU 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 inspectiou 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 
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 cicept 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 
lon^r needed. 

g 343. No person to use, or act as eugineei 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 horae-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, such 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, 
sitting the grounds upon which such certificate should be revoked or sus- 
pended. Where such certificate shall have been 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 eertiflcate 
held by such person. 



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RePOET OB THE CoMMISSIONEE OP LaBOE, l&ll. 333 

Laws or 18B7, Chapteb 836, AiccNDiKa Section 312 or the Nkw Yobk Citt 

CoRBouDATioN Act (Laws of 188S, Chapteb 410). 
As Act to amend cHapter four hundred tind ten of the Ielwb of eighteen 

hundred and eightf-two, entitled " An act to consolidate into one act and 

to declare the special and local lawa 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 aa 
to read as follows: 

i 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 hoard, after inspection, to be insecure or dangerous, the board 
shall prescribe sudi changes and alterations as may render such boilers, ap- 
paratus and appliances secure and devoid of danger. And in the meantime, 
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 bo a citizen of the United States and over twenty-one years 

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, ago, and place of 
residence of the applicant, the place or places where employed and the nature 
of hia 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 aa engineers working at their trade, certify- 
ing that the statements contained in such application are teue. 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. 



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334 New Yoek State Depaetmbnt of Labor. 

b. An; person who htji served as a firenian, oiler or general aBeietant to 
the engineer oa any steantehip or steamboat, for a peiiod of five jeais, and 
shall have been employed for two years under a licensed engineer in a build- 
ing in the city of New Yoclc, OT 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. [4s om'd by L. 1900, oh. 481.] 

c. Any person who has learned the trade of machinist, or boiler maker 
or steamfltter 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 
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 issne 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 claes, 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- 
tiflcate of the second class, and after he has worked for a period of one year 
under said certificate of the second class he may I>e examined for a certificate 
of the first class; and when it shall be made to appear to the satisfaction 
of said board ot examiners that the applicant for either of said grades lacks 
mechanical skill, is a person of bad liabits or is addicted to the use of intox- 
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, ateain 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 liabilify for injury 
which may be caused to person or property by such steam boiler, steam 
generator or steam ei^ne. 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 ot this section or of any 
of its subdivisions shall be guilty of a misdemeanor. [Added 6]/ L. 1900, o^ 
709.] 



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Repoet of the Commibsioneb of Laboe, 19^11. 



An Act to provide for tlie licenBing of Bremen operating ateam Htationfirj 
boiler or boilers in the city o( New York. 

Section 1. It eha.tl be unlawful for aaj fireman or Uremen to operate 
■team stationary boiler or boilers in the city of New York, unless the flremau 
«r firemen so operating such bailer or boilers are duly licensed as bereiaafter 
provided. Such fireman or firemen to be under the supervision and direction 
of a duly licensed engineer or engineers. 

f 2. Should any boiler or boilers be found at any time operated by anp 
person who ia not a duly licensed fireman or engineer as provided 1:^ tbia 
net, the owner or lessee thereof shall be notified, and if after one week from 
Muh 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. 

I 3. Any person deeiring to act as a fireman shall make application for 
a license to so act, to the steam boiler bureau of the police department aa 
now nsists for licensing engineers, who shall furnish to each applicant blank 
forms of application, whicb 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, coalpasaer or general assistant under the instnictiona 
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 eiamiuation 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 aa specified in 
section one of this act shall receive within six days after snch examination 
a license aa 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 
onder this act unless 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 tor renewal 
of license must be made within thirty days of the expiration of such licenaa. 
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. 

I t. No person shall be eligible to procure a license under this act unless 
the said person be a citizen of the United States. 

I 0. All persons operating boilers in use upon locomotives or in govem- 
Bient 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. 



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TRADE ITHIOHS. 

INd Special provlaloQ Is made by the etataten of New Xork for Incorporation 
of triLde unloiiB as bualoEsa organlsatlocs. An aBBOclRUan ol worklDgmen lor the 
■pOFpinf- of QntlertaklnK co-operative InsunDce maj Incorporate ander ttie Insurance 
f*w ; bat aothiDK tn tlilB law or aor at the lawi relating to Btock eorporatlonii 
provides for the actual bualnesH ol trade ualona la cootractlag with emplojecs aa 
the agents of tbe employeee. Tbls prlmBr; object of trade unions fluds no recog- 
nition, of course, la the non-stock corporation laws ; although the nolons that have 
iDCorporaled In New ¥ork have done so nnder the Membership CorpocatlonB Law. 
which applies to benevolent, charitable, KleDtiae and mlBsloDar; sodettes. 

Ttade ualona do not In fact find Incorporation necessary In order to obtain 
legal standing In the courts, since the law of this State boa provided since 1S51 
that an unincorporated association consisting of seven or more persona ma; sue 
and be sued In the name of Its president and treasnrer (!| 1819-1921 of the Code 
of Civil Procednre, as below J. 

Disobedience of an Injunction addreesed to an UDlnciM'paTatEd i 
" Its each and every member " coDBtltntes a criminal contempt even U i 
were not personally served with the order; People ex rel. Btearns v. Marr, 181 
N. Y. 403 (ISOB). 

As to onion labels, see IS 10 and 16 of tbe Labor Law, Sole-I 

AOIIOH BT OB AQAUrST AK QlflNCOBPOKATED ASSOCIATIOM. 

Code of Civil Procepure, Article I of Title V or Chapteb XV. 

{ 1919. An action or special proceeding may be maintained, by the presi- 
dent or treaaurer of an unincorporated assoeiation, eonaiHting 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 of 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 lor 
the benetit of such associates, or to enforce any la^rful claim of such associa- 
tion against such member or members. An action or special proceeding may 
be maintained, againat the president or treaaurer of such an association, to 
recovet" any property, or upon any cause of action, for or upon which the 
plaintiff may maintain s«c!i an action or special proceeding, againat 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 of persons, which has a 
president or treasurer, is deemed an association within the meaning of this 
section. 

The Hctlon, though tn form against such offlcpr, la In subEtance and tealltr 
against the aseodaUon (Mason v. Holmes, SO Misc. 710). 

f 1921. In such an action the officer against whom it is brought cannot 
be arrested; and a judgment against him does not authoriae an execration to 
be issued against his property, or hia person; nor does the docketing thereof 
bind his real property, or chattels real. \Mierc such a judgment is for a aum 
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, 
[338] 



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Report of the Commishioseb of Labor, 1911, 337 

or owned, jotntlj or in oomnoii, hy all the memberH thn-eof. [Ag am'd 
by L. 1898, ch. 203.} 

An acUoo (or iUJOugta beld to 111 against an aolnconKirated trada odIdh, CsTTan 
V. Galen, 1G2 N. Y. 33 (1897) ; lee aUo Connell t. Stalker, 20 UlK. 123 (iaS7) ; 
Coohb t. ChryBtle, 24 UIbc. 2Se (ISBS) ; Matthews v. ShaDbland, 25 UUc. 604 
(189S>; BeaMe t. Callanui, «7 4pp. IMt. I* (1901). 

AmKOBISIHO THE WOOBPOKAIIOH OT LABOS OXOAHUATIOira FOX 



The Hbmbbbship CoRFOKATions L*w, Chapter 35 of thb Cohsolidatbd 

I 40, Parposes for which eoTpoz&tioaa ma; be foimed tmSer this article. — 
A membersbip corporation may be created under thia article for a.ay 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. 

Rmittr't Nota.—" TblB section la Intended to make one complete geoeral itate- 
nmt Including every object for wbieb membenhip corporations ought to be per- 
mitted uDder a general law, Instead of a long eanmeratlon ol parOeulW purpoeee, 
requiring new leglHlatton whenever Incorporation Is desired far a new porpooe. 
The deanlllQD of a membership corporation Id section 2 will prevent the formatlOD 
of a stock carporatlan or of a mntnal benefit Insurance corporation uDdet this 
artlde. See Matter of Lavpeon, SB App. DIt. 40, aCd. In 161 N. T. Bll ; People t. 
JohnaoD. 22 Iliac ISO." 

I 41. Certificates of incoipoiatioo. — Five or more persona may become a 
memberahip corporaticMi for any one of the purposee for which a corporation 
may be formed under this article or for any two or more of auofa porposes 
of a kindred nature, by making, acknowledging and filing a certificate, (tatiag 
the particular objects for which th» corporation ie to tie formed, each ol 
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 t^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 ehall not be filed without the written approval, indorsed 
thereupon or annexed thereto, of a justice of the Bupr«ne court. * • • 
On filing such certificate, in pursuance of law, the signers thereof, their 
associates and successors, shall be a corporation In accordance wit^ the pro- 
Tiaiong of such certificate. • • • 

AVTHOUZUte LABOB OBaAHIZAIIDSB TO HAIMTADT OB OOVBTBUOT 
BUILDIirOB, HAII,S OB LIBBASIEB FOB IKEIB USE. 

Thb Benevolekt Obdh^bs Law, Chapi'sb 3 or the Co:4S0lii>atei> Laws. 

I T. Joint corporations.— . . • ^^y ^umbej (,f trades unions, trades 
assemblies, trades asfloctations or labor organizations, • • • niay unite 
in forming a corporation for the purpose of acquiring, constructing, main 
taiaing and managing a hall, temple or other building, or a home for the 
aged and indigent membere of such order and their dependent widows and 
vrphane, and of creating, collecting and maintainhig a library for the use of 
the bodies unitii^ to form sneh corporation. Each body bereafter uniting to 
form such corporatioa shall annually at a regular meeting thereof, held tn 



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338 New York State Dkpaetmbnt op Labor. 

accordancd with its coiutitutioii and general nil«B and i^ulatioi" or bj-lawa, 
elect B member thereof to represent it in such corporation. ■ • * The 
tnutees so elected sball moke, admovledge and file with tbe eecretarf of atata, 
a certificate stating the name of the corporation to be formed, its purposea 
and objects, the names and places of residence of the b-usteee, the names of 
the bodies which they respectively represent, the names ot the bodies uniting 
to form the corporation and their location, and the name of the town, village 
or cit} 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 purposea 
specified in suck certificate. 

i S. Powers of joint corpoiatians. — 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 purpases of the corporation, aa 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 aa 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 
reut and sublet such rooms or apartments iu 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 deaire_ to use them, and the board 
of trustees may determine the terms and conditions on which 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 buildings, 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 effect. 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 adapted 
by the representatives of the various bodies composing such corporation, or 
shall he determined by sueh representatives when assembled in annua] seesion, 
Kvery corporation created hereunder shall have power to enforce, at law or 
ir. equity, any legal contract which it may make with any of the bodiea 
composing it respecting the care and maintenance of members or other da- 
pendents of aueh body, the same as if such body or bodies were not mem- 



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Report of the Commissioner of Labor, 1911. 339 

bers of the corporation. Any corporation created hereunder shall have power 
to take and hold real and personal estate by purohase, gift, devise or bequest 
subject to the provisions of law relating to devisee and bequests bj last will 
and testament or otherwise. 

yOBBISDIHO LABOR OBeAHIZATIOHS TO BI80BI1IIHATB AQAIKST jaXBSRS 
or IBS HATIOHAL eiTARD. 

Penal Law, Chaptkb 40 of the Consolidated Laws. 
i 481. Discriinituition against members of the national guard. — No asso- 
ciation, or corporation, iwnstituted or organized for the purpose of pro- 
moting the HucceBs of the trade, employment, or business of tbe members 
thereof, shall hy 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 meimbership in respect of the eligibility of such member 
of the said national guard to membership in such association or corporation, 
or in respect of bis right to retain said last mentioned membership; it being 
the purpose of this section and tbe section immediately preceding to protect 
a member of tbe 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 wbo aids in 
enforcing any such provisions against a member of the said national guard 
with the intent to discriminate against him because of such memb^ship, is 
guilty of a misdemeanor. 

fretzlttika fraudxtlemt repbesehtation in labor oroanizatiohs. 
Penal Law, Chapter 40 op the Consolidated Laws. 
t 1278. Ftandulent representation in labor organiutloiu. — 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 wbo has in bis or her possession a credential, cer- 
tiUcate or letter of introduction bearing a fraudulent seal, or bearing tbe seal 
of a labor organization wbicb has ceased to exist, and does not exist at the 
time of such representation, and attempts to gain admission by the use of 
eaid credential, certiQcate 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 miedemeanor and upon conviction thereof shall be 
punishable by a fine of not less than twenty dollars nor more than fifty 
dollars, and impriaonment 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. 

infAQIBORIZZD V&E OF BASOEB, TITLES, BIO. 

Penal Law, Chapteb 40 of the CoNaouDATEo Laws. 
t 2240. Unatithotiied wearing or use of badge, name, title of officers, in- 
sigiiia, ritnAl oi ceremony of certain orders and societies.— 1. Any person 
who wilfully wears tbe badge or the button of tbe Grand Army of the 
Republic, the insignia, badge or rosette of tbe Military Order of tbe Loyal 
Legion of the United States, or the Military Order of Foreign Wars of tlie 



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340 New Yoek State Depabtment of Labob. 

United states, or the badge or button of the Bpanish war veterana, or tbe 
Order of Fatrons of Uugbandry, or the Benevolent and Protective Order of 
Elks of the United States of America, or of any Hooiety, order or organization, 
of ten years' etanding in the state of New York, or uses the same to obtain 
aid or assistance within this state, or wilfully uses the name of such society, 
order or organization, the titiea 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. 



Penal I^iw, Chaptee 40 op the Consolidated Laws. 

I 531, CoerdoD 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 organisation, aa 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. 

Tbta statute Imjioaas an nnaiithorlied restraint opon the freedom to contract In 
relation to tbe purchase and sale of labor, and la uncanstitatlonal : People i. 
Marcus, 186 N. Y. 257 (1906). 

vklawnrx to bbibe bepbesektaiivea of labob obaahizations. 
Penal Law, Chapter 40 of the (Consolidated Laws. 

i 380. Biihery of labor representatives. — A person who gives or oHera to 
give any money or other things of value to any duly appointed representative 
of a labor organisation with intent to influence him in respect to any of his 
acta, 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," (I'ensl Iaw, S 439). under Ddties and 
LiAnii.riiBS or Emplotms ind Eufloiees, ante. 



^dbyGoogle 



OTDtrSTaiAL DISPUTES. 

[The " rl([ht to strike," 1. e., to quit work in cMicert, la CMtrolled bj the Btatutet 
acd Judicial decI^ODS respectias comblaatlonB. SectloDS S80 and B8S ot the I'eaal 
Law define coDaplrades, ot unlawful combinations. The latter section eipresily 
legalises a eomblnatlon (strike) lai the pnrpoae o( maintaining or adranclng the 
rate of wages, and the courts hare l)roadened this aulborluitlon to IncLuiJe an; 
peaceable and orderly strike of wage worlcers, not to harm otheri bat to ffnprovs 
tfteir own condition, within which lawful purpose may be a strike by a trade 
unlDD to procure the discharge of an outsider and the employment of it> own 
members; Nafl Protective Assn. v, Cummlug, 170 N. Y. 315; Wuneh T. Shank- 
land, 179 N. Y. 545, Mem. But concerning strikes for the " closed shop," see that 
topic below. SimllaTlj, a lockout is legal if no malice Is shown (Clt; Truet, 
Sate Deposit & Surety Co, v. Waldhauei', 47 Misc. 7), 

iNTiulDATioH. — A Strike that has a lawful purpose becomes unlawful if con- 
ducted by unlawful means. Thus It Is contrary to law to use or tbreateo to aie 
violence, force or Intimidation in the prosecution of a strike {| 530 of the Penal 
Law, deflnlng coercion) ; or to endanger life by refusal to labor ({1910) ; or In- 
terfere with passengers In public conveyances (S 7201, etc. 

Violation of an Injunction order against illegol interference with new employees 
OD the part o( strikers constitutes [^rlmlosl contempt and Is punlsbabie as such 
even though the Individual memberB of the union were not personally served with 
tbe order: People ea ret. Steams v. Marr, 181 N. Y. 483 (1905). 

PiCBffriHO Is not deilned by statute, but by the interpretation placed by the courts 
on the above-mentioned laws relating to coercion. One of the most authoritHtlTe 
discussions of " picketing " by Federal courts is in Dnion Facillc Ry. Co. t. 
Kuet (ISO Fed, Rep. 102), and by the t^ew York courts in a unanimons decision of 
the Second Appellate Division, December, IB04, which is, in part, as follows ; 

" ' Picketing ' may simply mean tbe stationing of men for observation. If in the 
doing of tbls act, solely for aucb purpose, there be no molestation or physical hq- 
Qoyance, or let or hindrance of any person tben it can not be said that such an act 
is, per He, unlawful. But ' piciieting ' may also mean the stationing ot a man or men 
to coerce or to tbreaten. or to Intlmidat* or to bait or to turn aside against thetr 
will those wbo would go to and from tbe picketed place to do business, or to work, 
or to seek work therein, or In sooie Otber way to bamper, hinder, or bnrass the tre* 
dli^ateli of buBlneaa 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 ' o( those wbo are ahont to 
work or to seek work or to do business la tbe picketed place Is absolutely lawfuL 
A wayfarer upon the public street should be free for pekcefut 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 be ever so polite or gentle In his Insistence. There 
may be no InttmtdatlDQ. and yet an Interruption of peaceful travel. There may ba 
annoyance without danger." — Uilla v. V. S. Printing Co., 99 App. DIv. 005. 

BoTOOTTiNo, — ■ The ruling of the Court of Appeals in the Camming case, cited 
above, modlted the latv regarding boycotts, so that the courts do not find in a 
boycott per ae the malicious purpone. or an attempt to injure, that constitutes 
conspiracy (Foster v. Retail Clerks' Protective Association, 39 Misc. 48 11902]; 
Butteriek Pub. Co v. Typographical Union No. e, 50 Mlsc, 1 [1006]). The Injury 
Inflicted may be only an incident of the act whereby the ottlmotc pud Is gained 
(Mills V. U. S. Print. Co., 99 App. Dlv. 6051. In this case the court unani- 
mously Indorsed Bouvier's statement, "A boycott Is not unlawful unlrss attended 
with some act which in itself is llleKBl," 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 nsed In the 
sense of the act of a combination in retnaing to have business dealings with another 
HntU 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 concesalons 
which are deemed to make for that purpose. And as such a combination may bs 



[341] 



D.g.tizecbvGoOglc 



342 New Toek State Depaetmbnt of Labok, 

tormeil and h«ld tosather br BcgnineDt, pemualoii, eDtreat; or br tlw ' touch of 
natnra,' ind dut accomptlBti lU parpon olthoat Tlolence or otber unlaofal means, 
1. «■■ almplr bf abitentloD, I think It cannot be aald that 'to boyeott' la to oKaiMI 
tbe law." Id aKreemenl with thl» view, afe tbe opinion ol tli« Supreme Court ot 
MlaBoori (1901) In Mati St Bass Jeans Clothlog Co. v. Watson (67 8. W. Hep. 
391). On the otber hand, tbe earlier tale ia maintained in tbe cases of Davis 
Machine Co. t. Soblnson (41 Misc. 329) and People t. McFarlln (43 Misc. CSB). 
A bofcott which affects tnter-state commerce la Illegal under tbe Federal antl- 
ttnat law: Loewe y. Lawlor, 208 0. B. 2T4 (the hatters' caae), 

BlicelIstinq. — The blacklist Is In principle a fonn of tbe boycott, but la car- 
ried on In sach secrec; that It has seldom come before tbe courts. 

Thh " CtOSBD Shop."— It baa been held that an agceenient providloE for tbe 
closed shop (1. e,, eieluslre employment of members of a trade union) U not in 
violation of law and will be enforced by tbe courts : Jacobs T. Cohen, 183 N. Y. 
207 (1905) ; Nat'i Fire Prooflng Co. v. Mason Builders' Assn.. 146 Fed. Eep. 260, 
(Jnne, I90S). Kiaaam v. U. S. Printing Co.. 199 N. T. 76, afflrmlns 128 App. 
Dly. 88S. Bat no agreement whatever makes It lawful tor meml^era ot a union 
to coerce or maliciously Interfere with non-union men ICutran v. Galen. B2 N. T. 33, 
decided In 1897 and reaffirmed In Jacobs case Just cited. Of. also Seattle v. 
Callnnan, 82 App. DIv. T). Further, a strike for a closed abop tbroagbopt an entire 
trade In a locality has tteen held Illegal aa constituting conspiracy to deprive men 
of the exercise of tbe right to work (Schwartz v. Int't Ladles' Garment Workers' 
Union, 69 Misc. B28). Similarly a requirement by employers generally In a com- 
mantty that employees must be members of a particular union Is Illegal (McCord 
V. Thompson- 8 tarrett Co.. 129 App. niv. 130, affd In IBB N, T. 687). A strike 
to prevent use by a union firm ot materials manufactured by a non-union firm 
has been held illegal (Irving v. Joint District Council, 180 Fed, Rep. 896; Newton 
Co, V. Erlckson, TO HIsc, 291) ; also a strike to prevent mauufactuci; ot goods tor 
a DOQ-unlon firm (Schlang v. Ladles' Waist Makers' Union, 67 Misc. 222); both 
tbese being regarded as unlawful Interterence with an employer's freedom. An 
agreement binding workmen to work only (or membera of an employers' association 
baa been held Illegal (People v. Miller In Magistrate's Court, New York City, 
August 20, 1904). 

aONSFiaAOT, mTUUBATIOir, XXTOSTIOH, EXO. 

Penal Law, Chapteb 40 of the Cohsoijbatci> Laws. 
§ 580. Definition and punishment of coospliacy,^ — If two or more persona 
conspire; 

1. To commit a crime; or 

6. To prevent another from exercising a lawful trade or calling, or doing 
aoj other lawful act, by force, threats, intimidation, or l^ interfering or 
threatening to interfere with tools, implements or property t>elonging 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 the 
due administration of the laws; 

Each of them is guilty of a misdemennor. 

g SSI. 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 commission 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, 

§ 682. Punishable conspiracies. — No conspiracy is punishable criminally un- 
less it is one of those enumerated in the last two sections, and the orderly 



byCoOglc 



Report of the Commissionek of Laboe, 1911. 343 

and peaceable asaembliag or co-operation of peraonB employed in any calling. 
trade or handicraft for the purpose of obtaining an advance in the rate of 
wages or compenaation, or of maintaining such rate, is not a coDHpiracy. 

i 1910. Kndangeiing life by refusal to labor. — A person who nilfuUy and 
maliciously, either alone or in combination with others, breaks a contract of 
service or hiring, knowing, or having reasonable cause to believe, that the 
probable consequence of hia bo doing will be to endanger human life, or to 
cause grievous bodily injury, or to expose valuable proper^ to destruction 
or serious injury, is guilty of a misdemeanor. 

j 1480. 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 hia being employed by himself 
or another, or obstructs or annoys said member of said national guard, or hia 
employer, in respect of hia trade, business, or employment, because said 
member of said national guard is such memtKr, or dissuades any person from 
enliatment in the said national guard by threat of injury to him in case he 
■hall so enlist, in respect of hia employment, trade, or business, is guilty of 
* misdemeanor. 

G 630. Coercing another peisoa a misdemeanor. — A person, who with a view 
lo 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. Deprivea any such person of any tool, implement, or clothing, or hinders 
him in the use thereof; or 

3. Usee or attempts the intimidation of such person by threata or force; 
Is guilty of a misdemeanor. 

One who advltws or Indncea another to cororolt aanalt or attemiit other Intiml- 
datioD la also sallt7 o( rlolatlnB tbii probtbltion, thus : 

1 2. Detlnition of prlnoffxil. — A person cmcemed In tbs commlealon ol a erlme, 
whethi>r he <llrectly commits tbe act constituting the offense or aids and abets in Ita 
comnilBStoD, and whether present or absent, and a person who dlrectlr or Indiret^tl; 
CoanselB, commands, induce* or procures another to commit a Crime, Is a principal. 

j 850, Extortion defined. — Extortion is the obtaining of property from 
another, with his consent, induced by a wrongful use of force or fear, or 
under corer of official right. 

i 851. What threats may constitute extortion.— Fear, such as will con- 
stitute extortion, may be induced by an oral or written threat: 

1. To do an unlawful injury to the person or property of the individual 
threatened, or b> any relative of his or to any member of his family; or, 

2. To accuse him, or any relative of hia or any member of hie family, of 
any crime; or, 

3. To expose, or impute to liim, or any of tbem, any deformity or disgrace; 
or, 

4. To expose any secret affecting him or any of them; or, 
throatened, or to any rdative of bis or to any member oit his fairajly; or, 

fl. To injure his person or property or that of any relative of his or mem- 
ber of hia family by the use of weapons or explosives. [Aa am'd by L, 1911, 
eh». t21 and 602.] 

■ DigmzedbyGoOglc 



a44 New Yobk State Depabtment of Labor, 

% 862. Pimishnwnt of extortion. — A person who extorts any money or 
other property from another, under circumBtsnc^a not amounting to robbery, 
ia punishable hy Imprisonment not exceeding fifteen years, if the same is done 
hy means of force or a threat mentioned in section eight hundred and fifty 
or in either of the first four subdivisiona of section eight hundred and fifty- 
one, aud by imprlsomnent for not less than five years nor more than twenty 
years if the same is done by means of a threat mentioned in subdivisions five 
or six of the latter section. [As am'd by L. 1911, ch. 602.] 

Obfaining monsj bj threats or l>r the continuance ol a boycott as aescrlbed con- 
stitutes the crime of extortion nodcr the above Eectlons. Those pi-escnt nnd abetting 
wlim tlio money la paid or imlllnB tn the acts that lead to the payment or the 
agreement to pay. though not present when the mooej is received, are each liable 
as prlncLpalti. Whetber the money la sbai-ed personally or placed In a fund to pay 
tbe eipenses of tbc boycott Is of no conseqoence as affeFtlng tbe crime. People T. 
WiUlg. N. Y, Cr. 403 a888). \ labor leader was convicted of cMortlon (or hav- 
ing accepted a anm of money from an employer to pay lor " waiting lime," as 
alleged, of tbe stttklng employees. People v. Barondcss, 41 N. Y. 659 (13S1). 
ncfondant. tbe bead dt a labor organization, waa propeily charged with estortlon 
when evidence showed that he bad demanded and received money as the price of 
abnodoalng a boycott undertaken to coerce plalntlfia Into obedience to bis com- 
mandB as to the number of apprentices tbey ahonld employ. People y. Hn^ea, 
13T N. Y. 29 (1893J. Defendant, president of a labor union, was convicted of 

contlnutng a strike. People v. Welnsbelmer. 117 App. Dlv. 60S (Feb.. 1907). 

E 720. Relating to disorderly conduct on pnblic conveyances. — Any person 
who shall by any offensive or disorderly act or language, annoy or interfere 
with any person in any place or with the paaaengers of any public stage, 
railroad car, ferry boat, or other public conveyance, or who shall dis- 
turb or offend 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- 

S 43. Penalty for acta far which no puaialunetit ia ezpreaily 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 ba a just and fair 
compensation for services rendered. 



Pesai, Law, Chapter 40 of the Consolidated Laws. 
S 1846. Special peace officers to be citizens. — No sheriff of a county, mayor 
of a city, or olTicials, or other person authorized hy law to appoint special 
deputy sheriifs, special constables, marfliols, policemen, or other peace officers 
in this state, to preserve the public peace or quell public distnrbance, shall 
hereafter, at the instance ot any agent, society, association or corporation, 
or otherwise, appoint as ^uch special deputy, special constable, marshal, polioe- 



byG0l.)g[c 



REPOttT OF THE COMMISSIOITEB OF LABOR, 1911. 345 

maji, or otiier peace officer, auj person who Bhall not be a citizen of the 
United States and a reeident of the atata ot Nen York, and entitled to 
rote tbercin at the time of his appointment, and a resident of tlie game countj 
as the mayor or ahciiS or other of&cial mailing such appointment; and no 
person shall assume or exercise the functions, powers, duties or priTJlege* 
incident and belnnging 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 proriiimis of this section is a misdemeanor. 

{ 1843. Halcins aireft witliont lawful anthoiity. — Any person who shall, 
in this state, wittiont due authority, exercise, or fttl«mpt to exercise the 
fanctions of, or hold himself out to any one as a deputy sheriff, marshal, 
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 nny person or detains him against hia will, or seises 
or levies upon any property, or dieposeesaes 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 affect, 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 
aasociationa in the counties of New York, Kings and Waetchester, are hereby 
exempted from the prnvisions of this section. 

Ot- the Railroad Law, | C8, under " Conductors and Trainmen as Policemen " 
under Ratlwat Labor, ante. 



ubjGoOgIc 



REGULATION OF EHPLOYUEHT AGENCIES. BOAKDING 
HOUSES, ETC.* 



. EHPLOTKSNT OFFICES IN CITIES. 



landed b; L. 1906. ch. 82T| 
held to be a coDBtltutloDal 
■ong y. Warden of the City 



oal act (L. 1904, oh. 432, attei 
tbe fDllowIng s«<^tloDIl were der 
of the police power : People ex n 
83 N, Y. 223 (190H). 

nendnient of 1910 provides that said amendmrait " shall 
!d pucauant to such article prior to tbe taking effect o 
in of Buch licensee or unless such UcenBes are terminal 
Such amcndmeat shall not affect tbe tennre ol offlee of tta 
lee, the deputy commieeloner of licenses w of inapectars. or of the ei 
lom the eofoicement of such law relative to employment agencies 
I, or any octton. or cause of action, arising from tbe provisions 
of tbe general business law."] 



General Bubibesb Law, Chaptee 20 op the Cohboudated Laws. 



article: 3. 

{Aa am'd by L. 1910, eft. 700.) 
Brnplorment Aveitcle*. 



IBl. 



AppllcaUon of al^t1e]e, 
Definition B. 
License required. 
Application lor llcensi 
upon BppMc 






:a of license. 

iQsfer of llcease ; change o 



Bonds and llcei 
Action on bond. 
Regtsters bo be Kept. 

Statements to be tiled In tbeatrlcal employtuent agencies. 
Card to be furnished to applicant tor employment. 
Employment contractB. 
Tbcatrlcftl employment contracts. 
Inspection of rpglsters. books and records. 
Fees charged by persons conducting employment agendes, 
Keturn of fees. 
Rcralpt for fees paid. 
Copies of law to he posted. 
False or misleading advertisements and 
Prohibition aa to employment agencies. 
Enforcement of provisions of this article- 
Penalties for violations. 



i 170. AppUcation of article.— ]. This article shall apply to all cities ol 

the state, except that the provisions hereof relating to domeatio and com- 
mercial emplOTinent 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 exclusivelj*, or employment for persons in tech- 
nical or executive poaitions in recognized educational institutions; to regis 
tries conducted by duly incorporated associations of registered nurses; and 
employment bureaus conducted by registered medical institutions or d 
incorporated hospitals. Nor does such article apply to departments 

* Of. I lS6-a of the Labor Law, ante, r^ulettng Immigrant toiling bouses. 

D.s.™cb,C.jOOglc 



Ekpoet or THB CouMissiotTEB OF Labob, 1911. 347 

burekiu maintained by persons for ite purpose of securing help or em- 
ployeea, where no fee is charged. 

I 171. Deflnitiiuu. — I. 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, oiEce 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 engagements 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 employment of a person as an actor, performer or entertainer in a circus, 
vmudeville, theatrical and other entertainment, exhibition or performance. 

E. 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 he paid for services rendered or to he 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- 
sary privileges. 

I 172. License required. — A person shall not open, keep, maintain or carry 
on any employment agency, as defined in the preceding section, unless ha 
shall have first procured a license therefor as provided in this article from 
tha mayor or the commissioner of licenses of the city in which such person 



byG0l.)g[c 



348 New York State Depaetmbht of Labor. 

intends to conduct such agency. Sucb license shall be posted in s conspicu- 
ous place in Bajd agency. An; person who shall open or conduct sucb on 
employment agency without first procuring said license shall be guilty of a 
misdemeanor and shall be punishable by a iine of not less than tnenty-flve 
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 ol registration viih State Commissioner o( Labor under | 105 
of tbe Labor Law, ante. 

I 173. Application far license. — An application for such license shall be 
made to the mayor or commiaeiooier of licenses, in case such office sliall have 
been established as herein prorided. Such application 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 busmess 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 affidavits 
of at least two reputable residents of the city to the effect that the applicant 
is a person of good moral eharaeter. 

I 174. Procedure npon 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 office. 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 condvct 
sucb agency. Any person may Hie, within one week after such application 
is so posted in the said office, 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 snob 
time and place to the applicant and person tiling sucb protest. The said 
mayor or commissioner of licenses may administer oaths, subpcena 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 
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 s 



byCoOglc 



Report of the Commissioner of Labob, 1911. 249 

revoked by the mayor or the commissioner ot 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 meala are Berved or where persona Bleep 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. 

S 175. Ettnn 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 vaiid 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 house for the unemployed separate 
and apart from such agency, it shall be so designated in the license. 

S 176. Assignment or transfei of license; change of location. — A license 
granted as provided in this article shall not be assigned or transferred with- 
out the 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 ot sections one hundred and seventy-throe 
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. T'he Ideation oif an eniployment agency ehaU 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. 

S 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 more sureties or a duly authorized surety 
company, to be approved by the 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. 

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 commiastoner of 
licenses, give a new bond, subject to the provisions of this section. The 



350 New Tohk State Department of Labok. 

failure to give a new bond within ten days after auch notice, in the discre- 
tion of the mayor or commtBaioner of licenHea, shaU operate &a a Tevocation 
of such license and the license shall be thereupon returned to the mayor 
or the commissioner of licenses who shall destroy the same. 

I 178. Action an bond; suits how brought. — All claims or suits brought 
in any court against any Hcenaed 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 trana- 
ferred and assigned as other claims for damages in civil suits. The amount 
of damages claimed by plaintiff, and not the penalty named in the bond, 
shall determine the jnrisdiction 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 coroniiaBioner 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 
aame as provided by the civil procedure for the particular court in which 
suit has been brought. 

S 179. Begisters 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 alsq 
enter in the same oi' in a separate register, approved by the mayor or 
commlBsionei' 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 or 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 
Buch 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. 

Bee also requirementa aa to rfglstcr in t 135 of the Labor Law, onfe. 

i ISO. statements to be filed in theatrical employment agencieB. — 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 agpncy a written statement signed and verified by such licensed 



Rbpobt of the Coumissioneb of Laboe, 1911. 351 

pGTBon setting forth how long the applicant lias been engaged in the theatri- 
cal biuineBB. Such stateineTtt shall set forth whether or not Buch applicant 
haa failed to paj salaries or left etranded anj campanieB, in which Bucb 
applicant and, if a corporation any of its ofBcers or directora, hare been 
financially interested during the five years preceding the date of application 
and, further, shall set forth the namoa of at least two persons as references. 
If such applicant is a corporation, such statement shall set forth the names 
of the officers and directors thereof and the length of time such corpora- 
tion or any of its officers have been engaged in the theatrical business and 
the amount of its paid-up capital stock. If any allegation in such written, 
rerlGed statement ia made upon information and belief, the person rerifjing 
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 aa 
employer. 

S 181. Card to be fnniished tn applicant for employment. — Every inch 
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 tbe 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 inch 
agency is located. 

I 182. Employment contract.— A licensed peison shall not induce or 
attempt to induce any employee to leave hia employment with a view to 
obtaining other employment through such agency. Whenever such licensed 
person or any other acting for him, agrees to 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 stato- 
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. 

i 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 tbe 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 auch engagement; the amount to be 
paid to such applicant; the character of entertainment to he 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 o' 
the person by whom the transportation is to be paid, and If by the ap- 
plicant, either the cost of tbe transportation between the places where said 



byCoOglc 



352 \e\v Yoek State Depabtment of Labor. 

entertainment oi" 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 Bcrviees begin if paid by the applicant] and the gross 
commiBHion or fees to be paid by SHid applicant and to whom. Such contraeta 
shall contain no other conditiona and proviaions except such as are 
equitable between the parties thereto and do not constitute an unreasonable 
reatrictioii of businesB. 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 contractB shall be delivered 
to the person engaging the applicant and the other shall be retained by the 
applicant. The licensed person procuring auch engagement for such appU- 
cant shall keep on file or enter in a book provided for that purpose a copy 
of auch contract. 

§ 184. Inspection of registers, books and records.-:- All registera, 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 Htate CommlBBloner Ql Labor to Inspect In J| 1S3 and 1S5 
at IialMir Law, aatl. 

i 165. Fees charged by persons conducting employmeiit agencico. — 1. The 
gross fees of licensed persons charged to applicants for employment >■ 
lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstrtfwes, 
cooks, waiters, waitresses, scrub-women, laundresses, maids, numes (except 
profcBsionals), and all domestics and servants, ucakilled worlcers and general 
laborers, shall not in any caae 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 cose exceed the gross amount of five per ccntam 
of the wages or salary of the engagement when the engagement is less than 
ten weeks; and an amount of live per centum of the salary or wages per 
week for ten weeks of a season's engagement conatituting ten weeks or 
more. The gross fees charged by uuch licensed persons to applicants tor 
vaudeville or circus engagements by one or more such licensed persons, in- 
dividually or collectively, procuring such engagement, shall not in any case 
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 sucli engagement, except 
when such engagement is unfulfilled through any act within the control of 
the applicant for such engagement. 

D.g.tizecbvGoOglc 



Report of the Commissioner op Labor, 1911, 353 

3. A licensed person conducting any employment agency under tliiB article 
shall not receive or accept any valuable thing or gift aa a fee or in lieu 
thereof. No Buch lioensed 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, Bubcontractors or employers be a corporation, any of the officers, 
directors or employees of the same to whom applicants for employment or 
theatrical enga^ments are sent. 

4. Aoy 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 iine 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 person. 

! 186. Return of fees.— 1. In case a person applying for help or employ- 
ment of a domestii! 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 remajn 
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 tbree-fiftha of 
the said fee. 

2. No such licensed person shall send out any applicant for employment 
without haviog obtained, either orally or in writing, a bona fide order there- 
for, and if it shall 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 hy said applicant. 

i 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 
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 amount of the 
fee, and the kind of help to be provided. Every such receipt, excepting 
,2 those given by theatrical employment agencies, shall have printed on the 
back thereof a copy of sections one hundred and eighty-five, one hundred 
12 



byGoogle 



364 New Yobk State Department of Labob, 

and eigbty-Bix, one hundred and eighty-seven, in the English language and 
in any langusge which the peraon to whom the receipt is issued can under- 

i 188, Copies of law to be pOHtea.— Everj licensed peraon shall poit in a 
conapieuoua place in each room of audi agency Bections one hundred and 
seventy- eight, one hundred and eighty, one hundred and eighty- one, one 
hundred and eighty -two, one hundred and eighty- three, one hundred and 
eighty-fi»e, one hundred and eighty-aix, one hundred and eighty-acTcn and 
one hundred and eighty-nine, of this article, which Bhatl be printed in large 
type in languagea in which persons commonly doing huaineas with such office 
can understand. Such printed lew ahall alao contain the name and address 
of the officer charged with the enforcement of thia article in such city. 

i 189. False or misleading advertisements and Infonnation. — No licensed 
person conducting any employraent agency abftU publish or cause to be 
published any falae or fraudulent or misleading information, representa- 
tion, notice or advertisement; all advertisements of such employment agency 
by means of cards, circulars, or aigns and in newspapers and other publica- 
tions, and all letter heada, receipts and blanka shall he printed and contain 
the licenaed name and address of auch employment agent and the word 
agency, and no lieeneed peraon 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. • 

.1 190. Prohibitions as to employment agencies.— No licensed person con- 
ducting an employment agency shall send or cause to be seat 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 
aaaignation 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 inTestigate 
the character of the employer. Nor shall any such licenaed 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 
auch place or in any rooms or buildings adjacent thereto. No licensed person 
shall knowingly permit any persona of bad character, prostitutes, gamblerB, 
intoxicated persons or procurers to frequent auch agency. No Ucenaed 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 
to compulsory education, and in violation of the labor law. No licenaed per- 
son, his agents, servants or employees shall induce or compel any person to 
enter such ageney 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 emplojTOent in rooms or on premises where intoxicating 
liquors are »old 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 

Digitized byG0l.)g[c 



Report of the Commissioner of Labor, 1911, 355 

otfice buildings in whicli are lociLted caies and reBtaurante. For the violation 
of 01117 ^ ^^^ foregoing provisions of this aection the penalties «luill be a flne 
of not less tban twenty-five dollara, and not more than two bundred and flftf 
dolbbra, or imprisornnent for a period of not more than one year, or both, at 
the diacretion of the oomrt. 

i 191. Enfoicement of proviBions of tbis article. — 1. In citiee of the aecoud 
and IJiird class and in cities of the first class having a population of less than 
three hundred thousand, thia article, ao far as it relates to such 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 tihoiuaund 
or more the enforoement of this article so Sa.T aa it relates to such cities 
shall be intrusted to a commissioner to be known ae a. commissioner oif licensee, 
wiho ahall be appointed by the mayor, and whoee salary, together with those 
of a deputy coannissioner, and inspectors to be aippointod by him, shaH be fixed 
by the board oi eetiraate and apportionment. Said cmnim)3Hioner of licenses 
and depiuty commissioner shall have no other occupation or business. The 
caimmiasicniel' of licenses shall appoint inspectors, who shall m-ake at I«a^ 
bi-nKmthly visits to every such agency. Said inspectors shall have suitable 
badges whioh they shall exhibit on demand of any person with whom they may 
have official business. Such inspectors ehall see that all the provisions of this 
article, ao far as it relates to such cities, are complied with, and shall hftve 
no other oeoopation or business. 

3. Complaints against any such licensed person s^iall be made orally or 
in writing to the mayor or commissioner of licenses, or be sent in an 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 persori either personally or tjy leaving the same with the 
perwm in charge of his offire, a concise statement <rf the facts constituting 
the complaint, and e. hearing pursuant to the powers granted to the mayor 
or oommiasioner of licenses as provided in section one hundred and seventy- 
four shall be had before the mayor or commissioiner of licenses within one 
week from the dat« of the filing of the cootplaint and no adjournment ahall 
bo taken for a period longer than one week. A daily calendar of all hea-rings 
*all be kept by the mayor or commissioner of licenBoa and shall be posted 
in a conapiicuous place in his p«Mic office for at least one day before the 
date of such hearings. The mayor or ctmraiissioner of licenses sihall 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 
auch complaints and hearings. The said mayor or commissioner of licensed 
may refuse to issue and shall revoke any license for any good cause shown, 
within the meajiing and purpose of this article and when it is shown to the 
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 charges shall be presented and reasonable opportunity ahall be given 
said licensed person to defend himself. Whenever said mayor or commis- 
sioner of licenses shall refuse to issue or ahall 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 t^ repre- 



356 New Tohk State Depabtment of Labor. 

Bentatire or to anj person wiUi whom he is to be aesocmted in the buainess 
of furnishing employment, help or engagements. In the sbsence of the com- 
misBioner of licenses, the deputy commissioner of licenses may conduct hear- 
ings and act upon applicnttons for licenses, and revoke such liceosea. 

I 1B2. Penalties for Tiolatious. — 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 offending 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 institute criminal proceedings for its enforcement before any court 
of competent jurisdiction. 

pE.\Ai, Law, Chapteh 40 of the Consolid.med Laws. 
I 950. False statements in regard to employment. — Any person, firm, asso- 
ciation or corporation, or any employee or agent thereof, who makes to any 
person furnishing or seelting employment any statement which la false, know- 
ing the same to be false, in regard to any employment, work or situation, its 
nature, location, duration, wages, or salary attached thereto, or the circum- 
stances surrounding the said employment, work, or situation, or who shall 
offer or hold himself out as in a position to secure or furnish employment 
without having an order therefor or sucli employment to lie filled or shall 
misrepresent any other material matter in connection with said employment, 
work, or situation, and by reason of such statement, offer, holding out or 
misrepresentation, any person shall seek the employment, work or sltuatjon, 
in respect to which such statement, offer, holding out or misrepresentation 
was made, shall be guilty of a misdemeanor. {Addeil iy L. 1911, ch. 576.] 



Gbsbbal BuaiNESa Law, Chapteb 20 of the Oonboudatbd Laws. 

article: 10. 

lAt Amended by L. 1910, eft, 349, in effect Sept. 1, I&IO.] 

Ticket AsentB. 

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. 

g 150. Licenses to sell tianspoitation tickets or orders for transportation 
to or from foreign countries. — No person, firm, or corporation, other than 
railroad 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 for- 



Repoet of the Commishiohee of Laboe, 1911, 357 

eign countries or shall advertdse or hold themselveH out as authorized or en- 
titled to sell Bucb. Bteamship tickets or orders for transportation without hav- 
ing 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 L'uaiiiess for which a license is sought is to be carried on, and shall be 
accompanied by satisfactory proof by affidavit of good moral character. Such 
license shall lie granted upon the payment to the comptroller of a fee of 
twenty-live dollars, and shall be renewed on payment of a like fee annually. 
Every license shall contain the name of the licensee, a designation of the city, 
street and number of the house in which the licensee is authorized to carry 
on business, and the nuniber and date of such license. Such license shall not 
be transferred or assigned, nor authorize the licensee or his agents to transact 
linsiness or to advertise or hold himself or themselves out as authorized and 
entitled to transact such 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 ensuing the date thereof, and no 
longer, unless sooner revoked by the com.ptroller. [As am'd hy L. 1911, cfc. 
678.] 

f 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 of the 
first class, and of one thousand dollars in all other localitieSj with two or 
more sufficient sureties, who shall be freeholders within the state of New 
York, conditioned that the obligur will duly account for all moneys received 
for steamship tickets or orders for transportation to or from foreign coun- 
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 o£ said licenses 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 eajd 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. 

S 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. 



byGoogle 



358 New Yobk State Depaktmemt of Labob. 

i 1S3. Penalties for conducting ImslntsB without licenae, et ceten. — ^Auy 
person, firm or corporation carrying on tlia buainees specified in this article 
without having obtained from the comptroller a license therefor, or who 
shall cany on such business after the revocation of a license to carry on 
such business, shall be guilty qf a misdemeanor. 

I 154. Discharge and renewal of bonds. — The provisions of section twenty- 
nine-a of this chapter as to discharge and renewal of bonds shall be apidi- 
cable to any bond given pursuant to this article. 

Of. I 2S-a under Eeeolation of Private Banking below. 

Ch. 34S of L. 1910 (see below) repealed old antlcle 10 bat specified that sucb 
repeal should not alTect an; eiletlag or accrued right or liability. 

Penal Law, Chapteb 40 of the CoNaoLnjATED Laws, 
S 15G3. Advertising as agent, without written authorization; falae or mia- 
leadiug information. — No person issuing, selling or o£Fering to sell any pa.s- 
BBge 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 vesaei, or a berth or stateroom in any vessel, shall hold himself 
out to be or advertise himself in any way as the agent of the owner 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 ia 
authorized to act as agent and the city, town or village, tt^ther with the 
street, and the street number in which his office is kept for the sale of 
tickets, and unless sucb 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 o! the actual owners or con- 
signees of such vessel. No person issuing, selling or offering to sell or hold- 
ing himself out as being authorized to sell any such passage ticket or instru- 
ment giving or purporting to give any such right to passage or conveyance 
shall give or cause to he given any false or misleading information or shall 
print, publish, distribute or circulate or cause to be printed, published, dis- 
tributed or circulated any false or misleading advertisement, circulaj", circular 
letter, pamphlet, card, hand-bill or otlier printed paper or notice in regard to 
said passage, ticket or instrument or the passage or voyage to which it entitles 
or purports to entitle its owner, purchaser or holder or line over which, or the 
vessel for which such passage is sold or offered or as to his agency for such 
line or vessel. [As am'd iy L. 1911, eft. 415.] 

% 1564. Issuance of order or other instrument securing passage by TGSsel 
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 vessei 
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 countersigned by a duly 
appointed agent as provided in section fifteen hundred and sixty-three, of the 
vessel or line over wbicb said advice, order, certificate or other instrument 
is held out to be good to secure such passage ticket or otber 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, aliall contain a statement of the amount 



bjGoogIc 



Repoet of thb Commissionek of Laboe, 1911. 359 

paid or to be paid for auch passage; the name, address and age of tlie person 
for whom intended; the name of the company or line, if any, to which the 
vesael on which paasage is to l>e made belongs; t)ie place from which auch 
pasaage 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. 

i 1665. Punishment foi violation of two preceding sections. — Any person 
violating any of the provisions of section fifteen hundred ajid siity-three, or 
fifteen hundred ajid sixty-four, shall be guilty of a miademeanor aod for a 
second or further violation shaJl be guilty of a felony. 

As to protection of immigrants sgalnat iwsslble eitortlon or lll-treatmeDt on the 
part ol transportation companies, aee Penal Law. I 156i. whlcb fiiea a mBzlmum 
rate ot m cents per mile. 

i 1572. Soliciting the surrender of tickets a misdemeanor— Any hotel, 
boarding-house, lodging-house or restaurant owner, proprietor, manager, clerk 
or other employee or any runner, guide, porter or solicitor who solicits in any 
manner any immigra,nt or steerage passenger inward or outward bound, hav- 
ing a railroad or steamship ticket, order or other instrument entitling or 
purporting to entitle such passenger to transportation or conveyance on any 
railroad or steamship, to surrender such ticket, order or other instrument 
■ to such hotel, boarding-house, lodging-bouse or restaurant owner, proprietor, 
manager or other employee or to any runner, guide, porter or solicitor or any 
other person for the purpose of detaining any such immigrant or steerage 
passenger )n any such hotel, boarding-house, lodging-house, or restaurant, 
shall be guilty of a misdemeanor. [Added by h. 1911, ch. 540.] 



article: 3-*. 

[Ag added by L. 1910, oh. 348, in effect September 1, 1910. Held conatittt- 
tional by V. 8. Supreme Court in Engel w. O'Mallejf, 182 Fed. Rep. 365.] 

PriTBte BanlctuK- 

Section 20. Licenses, bonds and deposits. 

26, Books to be kepi and lecorda to be made ; revocation ot licenses. 

27. Penalties tor ooQductlng business without license, et cetera. 
38, Perjory. 

20. Pennlt; (or failure to make reports. 

29-a. Dlacbarge .aud renewal ot bands. Bubstltutlon of securities, et cetera. 

29-b. Burden ot proof In actions against licensee. 

20-c. Time within wblcb money Is to be traoamltted. 

2B-d. EiceptloDS. 

20-e. ConstrnctioQ of tbls article, 

20-1. -Additional penal provlsian. 

29-s. Bureau of licenses. 

i as. Licenses, bonds and deposits. — Escept as provided in section twenty- 
nine-d, no individual or partnership shall hereaiter engage directly or indi- 
rectly in the business o( receiving deposits of money for safe-keeping or for 
the purpose ot transmission to another or for any other purpose in cities of 
tho first class without having first obtained from the comptroller a license 



byCoOglc 



360 N'sw York Statk Dbpabtmbht of Laboh. 

to engage in such business. Before receiving such lieense the sipplicant there- 
for shall file with the comptroller a written stAtement in the form to he pre- 
scribed hj the comptroller and verified by the individusl 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 continuoualj 
for a period of five years immediately preceding the date of such application 
resident in the United States. Such applicant sliall at the same time deposit 
with the comptroller five thousand dollars if the ajjplicant is engaged only in 
the business of receiving money for transmission to another and otherwise 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 tlie comptroller, and if a dejwsit of securities shall be so made 
in lieu of money, the comptroller shall thereafter require the applicant to 
maintain such deposit at all times at a value which shall equal the sum that 
the applicant is required by this section to deposit. 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 tlie repayment of such moneys so deposited and upon the faithful trans- 
mission of any money which shall be delivered to such applicant for trans- 
misaion to another, and in the e*ent 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 applicant, as the case may require, for the benefit 
of the persons making such deposits and of such persons aa shall deliver 
money to the applicant for transmission to another. The penalty of the bond 
shall be five thousand dollars if the applicant is engaged only in the business 
of receiving money for transmission to another; in all other cases the amount 
of such penalty shall, if tbe deposits of the applicants do not exceed twenty- 
five thousand dollars, be five thousand dollars, and if in excesB thereof, *he 
penalty of such bond shall be increased five thousand dollars for each addi- 
tional twenty-flve thousand dollars of deposits, or fraction thereof, not ex- 
ceeding, however, a maximum penalty of fifty thousand dollars. In lieu of 
tho aforesaid bond the applicant may deposit and the comptroller shall accept 
money and securities of the character above described. Tbe money and se- 
curities BO deposited shall he held on the conditions specified in the aforesaid 
bond. It securities be deposited in lieu of the aforesaid bond, and be accepted 
as hereinafter provided, the comptroller shall require the applicant to main- 
tain such depfffiit at a value equal to the amount fixed as the penalty of the 
bond in lieu of which buch money and securities shall be so deposited. Upon 
the receipt of such application the comptroller shall cause to be posted upon 
a bulletin to be maintained by him in Iiia 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 tbe application shall have been 
so posted for a period of two weeks he may in his discretion approve or dis- 
approve the application. In tbe event of his approval he shall accept the 



byGoogIc 



Report of the Commissionek of Labob, 1911. 361 

money, securitiee and bond, if there be one, and bold them for the purpoees 
herein set forth, and shall issue a license authorizing the appiicfint to carry 
on the aforesaid business at the place designated in tlie application and to be 
speciQed in the license certificate. For such license the lici^iiaee shall pay a 
fee of fifty dollars, tiuch license shall not he transferred or assigned. It 
shall not authorize the transaction of business at an^ place other thsji that 
described in the license certiticate, except with the written approval of the 
comptroller. Immediatelj upon the receipt of the Hconse certificate issued 
by the comptroller pursuant to this article tlie licensee named therein shall 
cause such license certiiicate to be posted and at all times conspicuously dis- 
played In the place of business for which it is issued, so that all persons visitint; 
such place may readily see the same. It shall he unlawful for any person or 
partnership holding such license certificate to post such certificate o 
mit such certificate to be posted upon premises other than those d 
thereia or to which it has been transferred pursuant to the provisions of this 
article, or knowingly to deface or destroy any such license certificate. If it 
shall be established to the satisfaction of the comptroller in accordance with 
rules and regulations by him prescribed, that an unes:piTed license certificate 
issued in acoordfutce with the provisions of this article has been lost or do- 
stroyed without fault on the part of the holder, the comptroller shall issue 
a duplicate license therefor. The money and securities deposited with the 
comptroller 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, ahall 
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 bankruptcy of the 
licensee be delivered by the comptroller on the order or judgment of a court of 
competent jurisdiction to the assignee, receiver or trustee of the licensee desig- 
nated 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 
Older, together with a statement of the date of the issuance of the license, 
the name or names of the principals, the place 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 description of all securities deposited, 
which record shall be open to public inspection. The comptroller shall cause 
to be printed annually on the first day of January and distributed upon ap- 
plication, a list of all licenses granted and remaining unrevoked. The comp- 
troller shall from time to time pay over to each such licensee all moneys re- 
ceived by him as interest upon any moneys or securities deposited in accord- 
ance with the provisions of this article. [4» am'd hy L. 1911, ch. 393.] 

S 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 office and by written 
notice delivered at the place of business of such licensee or deposited in the 
post-office in a postpaid wrapper directed to him at such place of business. 



bjGoogIc 



362 New Tobk State DEPABrMEHT of Labob. 

flle 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 bj the 
comptroller, showing the amount of the assets and liabilities of the licensee, 
which report shall be accessible to the public at al! reasonable times. The 
license issued ehall tie revocable at all times by the comptroller for cauee 
shown, and in the event of such revocation or of a surrender of such license, 
no refund shall be made in respect of any license fee paid under the provisions 
of this article. Ever; 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 caee 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. 

§ 21. Penalties for conducting business without license, et ceters. — Any per- 
son or partnership carrying oil the business specified in section twenty-five 
of this article without liaving 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, 
letter-head, 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 wlio shall fail to display the license certifi- 
oate as provided in sectio'n twenty-five hereof, or who shaJl fail to keep books 
of account or to make the reports as herein provided, or any person or part- 
nership not having a license who shall advertise or publish in any manner 
whatsoever, either orally or in writing, any statement intended to convey or 
actually conveying the idea or impression 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 responsi- 
bility, solvency or qualiiicationa 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 certified that such Hoenaee is in any way a fit 
person to carry on such business, shall be guilty of a misdraneanor. [As 
am'd by L. 1011, ch. 393.] 

S 28, Petjiiiy. — Any person who in any application for a license presented 
fo the comptroller, or in any report made under this article, or on any eiam- 
ination or inquiry pursuant to section twenty-nine-e hereof, shall aweai falsely 
as to the nature or value of his assets, or the amount of his liabilities or in 
any other particular, and any person who in any affidavit made under section 
twenty-nine-d of thia article shall swear falsely as to any fact therein stated 
is guilty of perjury. [As am'd hy L. 1911, ch. 303.] 

§ 29. Penalty for failure to make reports. — Any person or partnership who 
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. 



D.g.tizecbvGoOglc 



Repoet op the Commissioner of Labor, 1911. 363 

I 29-11. Discharge and Tenewal of bonds, substitution of Becnritiea, et cetera. 

The surety in a. bond given pursuant to thia article may give notice to the 
comptroller in writing reeiuesting to be released from responsibility on ac- 
count of any future breaeli of tlie conditions of tlie bond, and tliat' tlie princi- 
pal in the imnd be required to give a new surety, and thereupon the comp- 
troliec shall give notice in writing directed to the priueipal upon said bond 
at the place designated hy him. for the transaction of business requiring hint 
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 monej 
or eecuriticB in lieu thereof, and upon the filing of sucli new bond or such 
money or securities in lieu thereof within the time specified, but not before, 
th<! surety upon the old bond sball be discharged from (lability 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 thii arti- 
cle, he may in Ijis discretion permit the substitution of securities for money, 
or of money for securities, in whole or in part, or of money or securities for 
any Iwnd, or of a bond for money or securities deposited (other than the 
money or securities wbich the licensee is requirecl 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 sufficient to cover 
the impairment in value. In the event of the failure of such principal to file 
a new bond or such money or 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 license or with respect to which a bond shall 
liave 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 
jurisdiction may cancel the bond filed by the licensee and return to the licensee 
all moneys and securities deposited. [.Is am'd by L. ICH, ch. 383.] 

8 29.b. Burden of proof in actions against licensee.— In an action against 
a Lcensee to recover money deposited with such licensee for transmission, 
the burden of proving the transmission to and receipt of the money by the 
persom to whom such money is directed to be paid shall be upon tlie licensee 
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 puch money to the person to whom the same was tr 
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 autlienticated 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 plaintiil. 

% 2e-c. Time within which money is to be transmitted. — All moneya 
received for transmission to a foreign country hy any licensee shall be for- 
warded to the person to whom the same is directed to be transmitted within 
five days after the receipt thereof, and every person who shall fail to bo for- 
ward the same, within the time specified, shall be guilty of a misdemeoDor. 



364 New Toek State Department of Laboe. 

§ 26-d, Exceptions. — The foregoing provisions shall not appl? (1) to any 
corporation or " individual banker " authorized to do business under tbe pro- 
visions of the banking law, nor to any association organized under the na- 
tional bank'ing act; nor (2) to any hotel-keeper who shall receive money for 
safe-keeping from a guest; nor (3) to any express company having contracts 
with railroad companies for the operation of an e.xpress service upon the lines 
of such railroad companies nor to any 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 pur- 
pose, where the average amount of each sum received on deposit, or for trans- 
mission, by sutli individual or partnership in the ordinary course of business, 
during the fiscal yeiir preceding the date of the affidavit hereinafter specified, 
shall not be less than five hundred dollars, proof of which fact by affidavit to 
the satisfaction of the comptroller shall be made by the individual or a mem- 
ber of the partnership seeking exemption hereunder, whenever thereunto re- 
quested by the comptroller; nor (S) 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 une hundred thousand 
dollars, approved by the comptroller as to form and sufficiency, for the pur- 
pose and conditioned as in said section prescribed, where the business is con- 
ducted 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 
amount. The provisions of section twenty-nine-a shall be applicable to such 
bond, or deposit of money or securities. (As am'd by L. 1911, oh. 383.] 

I 2Q-e. Examination by comptroller; penalty for iaterference therewith; 
prooeedingB by attorney-general.— 1. Whenever tbe comptroller shall deem It 
expedient, he may, either personally or by one of his deputies, or by esaminera 
appointed by him, examine every applicant for a license or any licensee here- 
under with respect to the nature and value of his assets, the manner in which 
the same are invested, the amount and character of his liabilities, and the 
conditions under which his buBinesa is conducted. For the purpose of such 
examination the comptroller, hia deputies and examiners, shall have free ac- 
cess to the vaults, safes, books, papers and securities of such applicant or 
licensee, and shall be permitted to examine the same to make inventories, 
statements of accounts and transcripts from such books and papers. The 
person making such examination may summon said applicant or licensee, and 
any other witnesses who may be deemed necessary and examine them under 
oath with respect to the matters aforesaid, and for that purpose may admin- 
ister oaths. It shall be the duty of the person conducting such examination 
to file the testimony taken, together with such inventories, statements of ac- 
count and transcripts, in the office of the comptroller. 

2. Any person who shall willfully tail or refuse to appear and testify when 
so required, or who shall interfere with or obstruct such examination, or pre- 
vent access to the aforesaid vaults, safes, books, papers and securities, or tail 
to comply with any requirement of the person making such examination, is 
guilty of a misdemeanor. 

3. Whenever it shall appear that any licensee hereunder is insolvent or 
that the condition of the business conducted by him is such as to render its 

1 hazardous, or that such licensee has failed to comply with any 



byCoOglc 



Repokt of the Commissioner of I,abok, 1911, 365 

of the provisions hereof, the comptroller shall report the facts to the attorney- 
general, who shall thereupon institute an action in the supreme court to wind 
up the business no licensed and to restrain the licensee from conducting the 
same, and in such action the court may appoint a temporary receiver t« en- 
force the bond given under section twenty-flve hereof, to take possession of 
the property and effects of the licenaee, to convert them into money, and to 
bold the same subject to the direction of the court. [As am'd by L. 1»11, ' 
rh. 3B3.] 

S 2fl-f. Additlon&l penal provision. — An^ licensee who shall violate any 
of the provisions of this article the violation of which has not hereinbefore 
been expreaaly made a misdemeanor, or a felony, shall be guilty of a 
misdemeanor. 

g 2e-g. Bureau of licenses.— The comptroller shall establish a license 
bureau for the purpose of complying with the provisions of this article. 

Section 153 ot the Labor Uiw, ante, mates It the duty of the Commissioner o( 
Labor to co-operate In the e " 



HAEINa FBAVD BY A NOTAKT A UBDEHXAIiaB. 
pBSAt IAW, CHiPTEB 40 OF THE CONSOIJDATED LAWS. 

§ 1820-a. Subd. 1. 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, 
naes or advertises 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. ]_A.a added tiy L. 1910, 
eft. 471, in effect September 1, 1910.] 

Bee provision for InveBtlgatlon of complaints concemlag notaries by Commis- 
sioner of Labor la j 1S3 ot the Labor Lav, ante. 

UOElTBlHa OF BAILDKB' BOAKDIHO B0UBE8. « 

Laws of 1882, Chaptbb 410 (The New Yobk Cm Conbolidation Act). 

I 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 vssssl, or 
leave in writing from her owners or agents. 

S 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 int«nt to supply liquors by sale, gift or otherwise, directly or indirectly, 
to any member of the crew employed on board of such vessel. [As am'd by 
L. 1009, ch. 3S3.] 

I 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 

■ Cf. 5 156-a of the labor law, ante, relative to Uceasine of ImmlBrant lodetng 



byCoOglc 



366 Kbw Yobk State Department op Labor. 

been ordered so to do by the master or person having charge of such vesiel. 
[As am'd iy L. 1009, ch. 353.] 

i 2072. It shell not be lawful for any person to keep, conduct, or carry on, 
either as owner, proprietor, agent, or otherwise, any sailors' boarding-bouse or 
sailors' hotel in the eity of New York, without having the license in this chap- 
tor provided, 

i 2073. It shall not be lawful for tkny person not having the license in this 
chapter provided, or not being the regular agent, runner, or employee of a 
person having Buch a license, to invite, ask, or solicit, in the city or harbor of 
New York, the boarding or lodging of any of the crew employed on any vessel. 

S 2074. There is created a board denominated a board of commiBSiODers for 
licensing sailors' hotels or boarding-houses in the city of New York conBisttng 
of one person selected by each of the following corporate bodies or assooiations, 
respectively, to-wit: The Chamber of Commerce of the State of New York; 
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 iSeamen's Church Institute of New 
York; the Seamen's Christian Association of the City of New York, and St. 
Peter's Union for Catholic Seamen. [As am'd 6ji L. 1909, oh. 353.] 

g 2076. 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 neit 
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 relaUng 
thereto. [As am'd ly L. 1900, eft. 353.] 

i 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 bouse, 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, mn- 
■ nera, 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, runnera, or 
employees, revoke the license for beeping 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. Ms am'd by L. 1009, eft. 353.1 

% 2077. Every person receiving the license hereinbefore provided for sliall 
pay to the boaid of cnmmissioners aforesaid the sum of twenty-five dollars r<w 
each full year and a proportionate amount for a shorter period which amounts 
after deducting the actual expenses of said board incurr,e(l 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 office of the clerk of the city and county of New 
York, a stateonent showing the number of licenses issued, the names of persona 
to whom issued, with name and number of the street or house licensed during 



byCoOglc 



Kepoet Off THE Commissioner of Labor, 1911. 367 

the year preceding, the amount of money received therefor, the amount and 
items of their disbursementi, and the amount distributed by them as herein- 
before directed. lAa am'd by L. IflOB, cA. 363.] 

i 2078. Hie said board shaJl appoint a president and secretary and shall 
kMj) an offloe 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. 

I 2079. The said board shall furnish to each sailors' hotel or boardlng-honse 
keeper, licensed by them as aforesaid, one or more badges or shields, on which 
shall be printed or engraved the name of such Iiotel or boarding-house keeper, 
and the number and street of his hotel or boarding-house; and which said 
badge* or shields shall be surrendered to said board upon the revocation by 
them or expiration of any license granted by them as herein, provided. 

i 2080. Every sailors' hotel or boarding-house keeper, and every agent, rnn- 
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 
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. 

i 2081. It shall not be lawful for any person, except those named in the pre- 
ceding section, to have, wear, exhibit, or display any such 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. 

S 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 end 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. [Aa am'd iy L. 1D09, ch. 353.] 

5 2083. The word " vessel," as used in this chapter shall include veasels by 
wiiatever 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 
alona are given. The word "hotel" as used in this chapter shall include a 
house where lodgings alone are given or a house where both board and lodgings 
are given. [Ab am'd by L. 1909, eft. 353.] 

S 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, me 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- 
nectlcnt, 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 sua 
for the penalties imposed by law on masters of coasting vessels for nonpay^ 
ment of hospital money. 



D.g.tizecbvGoOglc 



APPENDIX VII. 

OPINIONS OF THE ATTORNEY-GENEKAL CONSTRU- 
ING PROVISIONS' OF THE LABOR LAW. 

CONSTITUTIQNALITY OF ALIEN LABOR LAW. 

December 20 1910 
Hon EoBTBT W Hi I.I. Secretary Commission tn Select a '*i(e for the New 
lorl. fttati' Tratning ''School for Boys Cajittol Albany J T 
Deab Sib — Pursuant to lour oral request asking me to examine the 
eontra«fc dated DecomTier 10 1910 between the New lork Central L 
Hudson Elver Railroad C<«npiTi\ and tlie New l:ork ''tate Training School 
for Bo>9 Site Comtais^ on f r the eon^tru tion of a spur track which con 
tract alreadj execute I ha« been submitted to me bj the Sta.te irchitect 
and if I find it to be in proper form to approvL it I have examined the 
contract an I I find flat I cinn t ipproie it for the following reasons 

1 There has been omitted from it the provision required by sect on 14 
of the Labor Law whi^h provides among other things that only citizens of 
tho United State*: Bhal! be employed and preference given citizens of the 
Stat« of New York 

On November 3 1910 tou wrote this department a letter in reference to 
this contract ivlorfin you aikcd whether the provision of the Labor Law 
requiring that onh citizen") of the United State* si all be eraplojed on work 
under contract w th the State of New liork is valid and a deputy replied 
to jour favor b> letter dated November 10 1910 in which if was stated 
that the onH case where this question haa ever been passed upon wai m People 
\s Warien 13 Misc 615 and that it wis there leld that such a provision 
IS unconhtitutional and void and the letter concluded that in the absence 
of any appeal from the decisi n in that cise or any conflicting decision yon 
were author zed to execute a contract omitting such provision 

The case cited is an isolated one which aro'ip in the Superior Court of 
Buffalo in Julv 18fl5 and the onlv question passed upon by the court was 
whether it was a crime for a contractor with a municipal corporation for 
the construction of public works to emplov alien labor upon sueh works 
The statute there under consideration was chapter 622 of tho Laws of 1894 
and the lanpiafte of sect on 14 of tl c pr sent law is not identical with the 
Innguagi in that \ct 

Furthermore since that decision and m 1905 the people of this State 
adopted an amendment to the Constitntion (Article \U Section 1) which 
provides 

• • • and the I eglslature mav regulate and fli the wageH or salarlw 
the honrs of work or labor and make provtal ti (or the protection welfare 
nnd safety of per'Jonti eniploypd by the State • ■ ■ or other dvll diTlslon 
of the State or by any contrHctor or submntractor performing work labor 
or wrtlcPB for the State • • • 

[368] 



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Report of the Commissioner of Labor, 1911. 369 

This *givea to tlie Legislature very broad powera in dealing with labor. 
Under the above quoted constitutional provision moat of the present Labor 
Lav has been enacted. The section in question in its present form has not 
been passed upon by the courts. It therefore seems to me in view of the 
change in the statute and the amendment of the Constitution, that the 
decision of the Superior Court of Buffalo can hardly be considered the law 
ait the present time. Whether the Legislaiture under the proviaiona of tbe 
Constitution quoted had the power to enact the provision of the labor Law 
under discuasion may be open to dispute, and it would be well aa I have 
heretofore suggested to the Labor Commissioner that the queation of the 
constitutionality of it be tested in the proper forum and in that way the 
matter set at rest. 

More than that it has heretofore been the custom to insert in &11 oontracta 
wherein the State waa a party, a provision in compliance with section H 
of the Labor Law, In view of these facts, I do not feel authorized under 
the law in advising you to omit said aection from the contract. 

I therefore withdraw the letter to you of November 10th, and overrule 
the views therein eiipreased and advise you that I cannot approve this con- 
tract without compliance with said provision of the Labor Law, 

2. As tlie contract directa the performance of the work without public 
adveriiaement and without a preliminary deposit, it should comply with 
subdivision 6 of chapter 526 of the Laws of 1910, viz.: be approved by the 
Pascal Supervisor of State Charitiea, 
Yours very truly, 

(Signed) Edward R. O'Mallet, 

_ Atiomey-Oeneral. 



COMMISSIONER OF LABOR NOT EMPOWERED TO ISSUE PERMIT FOR 
MORE THAN EIGHT HOURS ON PUBLIC WORK IN EMERGENCIEa 
The Commissioner of Labor is not empowered by the Labor Law to issue 
an order permitting a contractor engaged on work under contract with a 
municipality to work his men more than eight hours a day, even though, 
in the opinion of the Commissioner, an extraordinary emergency exists. 

Facts. 

On the first day of April, IBll, one Lou B. Cleveland entered into a 
contraet with the Board of Water Commissioners of the city of Ogdensburg 
for the construction of a filtration plant, water reservoir, water majns, etc., 
in the city of Ogdensburg, After work waa commenced upon thia contract, 
an order was issued by the Commissioner of Labor that the men employed by 
the contractor should not be required or allowed to work more than eight 
hours a day. On or about the 24th day of May, the contractor petitioned 
the Commissioner of Labor that he be permitted to work his men ten hours 
B day on the ground that, owing to the danger to public health and the 
character of the work, an extraordinary emergency exieted within the terma 
of section 3 of the Labor Law, A hearing was had before tlie Commiasioner 
of Labor, on the 24th day ot May, ISIl, at which time several affidavits were 
read in support of the petition. There were also appearances in opposition 
to the granting of the relief asked for in the petition and affidavite were 
also read in opposition thereto. 

D„.„ab,GoOglc. 



370 Nbw Yoek State Depaktment of Labok, 

If the facts presented were sufficient to convince tljc Commissioner of Labor 
that an emergency exieted within the meaning of section 3 of the Labor Law, 
would the Commissioner have the power to iasue an order to the contractor 
to the effect that lie miglit work his men ten hours a diy! 

Oeision. 

Section 3 of the liaboT Law provides tliat eight hours sliall constitute a 
legal day'a work for all classes of employees in thia State except those 
engaged in fnrm and domestic service unless otherwise provided by law, and 
that each contract, to which this State, a municipal corporation or commis- 
sion is a ■party, shall contain a stipulation that no workman or mechanic 
in the employ of the contractor 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, Hood or danger to life or property. 

Section 4 of the Labor Law provides: 

Any officer, agent or employee of thla state or of a munldpal corporation 
therein havlne a duty to act In the premises who violateB, evafles or knowingly 
iwrmlts the riolatlon or evasion of any of the provisions of tils diaptet Shall 
be guilty of malteoaanee In office and shall be suspended or removed by the 
authority having power to appoint oc remove such officer, agent or employee ; 
otherwise by the governor. Any citizen of this state may maintain pro- 
ceedlngn for the suspension or removal of such officer, agent or employee or 
may maintain an action for the purpose of securing the cancellation or avoid- 
ance of any contract which by Its terms or manner of performance violates 
this chapter or lor the purpose of preventing any officer, agent or employee 
of Erach municipal corporation from paying or auliiorlzlng the payment of any 
public money for work done thereupon. 

Section 21 proridea: 

The commissioner of labor shall enforce all the provisions of this article. 

He shall Investigate '■ ' ' j- .. . . . 

-_.. .. ... =_^_ .,,.. .jy^jj compcamts are wen lounaca db snail 

>n or corporation complained of, reqnirini 

__ _._, ._ -.Jlply with such provlBlona. If such order „ 

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 peitalalng thereto, which he 
may have In hfs 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 provlidona of the 

I am of the opinion that the Commissioner of Labor has not the power 
to issue an order permitting a contractor to work his men more than eight 
hours a day, but that his powers are confined to deciding whether or not 
the contractor may have violated the Labor Law by employing his men for 
more than eight hours a day, and t&king such steps as are therein provided 
for enforcing the law and punishing violations thereof. 
Dated June 8, 1011. 

Respectfully submitted, 
(Signed) Thouas Cabmodt, 

A ttorney-Genera I. 
To Hon. John Whaiams, 

Commissioner of Lahor, Albany, N. Y. 



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RePOBT of the CoMMiaSIONEB OF Laboe, l&ll. 371 

EIGHT-HOUB LAW APPUES TO WINTER REPAIR WORK ON 
MACHINERY, ETC. 

February 1, 1911. 
Hon JoHK WuxiAUS, Commisaioner of Labor, Albans, N- Y.: 

Dear Sib. — Your favor of the 31st ult r«queetiiig my opinion and advice 
upon the queation propounded by ;ou baa been received. The question Is as 
follows .- 

A contractor engaged In the conetructlon of a section of tbe barce canal, 
having: siuipeaded wotk upon the permiDent Improvement for the winter 
monttai, Is engaged upon necessary repair warfc to bis plant aod In bnlldlDg 
dredges or pontoons so as to be In readiness to proceed with tbe contniet 
wort in tbe early sprlni. 

Is tbe contractor subject to tl>e restrictions contBloed In the T.abor Law 
wllb respect to the bours ol labor and rate of wages of laboiera. wortwen 
or mechanics white engaged eiclnslvelr upon such work as described In tlie 
loregolng paragraph T 

Section 3 of the Labor Law, among other things, provides: 

._ . , ... .r mechanics s 

> laborer, workman or medianlc In t* 



r other person doing or contracting to do tbe whole or a 

ui luB wvrn cuntemplAted by the contract shall be permitted or required to 
work more than eight houra In any one calendar day except In cases ot eitra- 
ordinar; emergency caoBed b; dre, flood or damage to life or property. 

TTie work to which you refer it being performed in the necessary repair 
worlc to the plant and in building liredgea or pontoons in order to proceed witl 
the contract worl; in the early spring. I believe that work of this character 
is essentially a part of the work necessary to be performed hy the oontraotoT 
in the carrying out of his contract and is clearly within tbe prohibition of 
tbe statute. The keeping of the plant in repair and the preparation of the 
location for work actually required is clearly " contemplated by the con- 
tract." I think it falls within the spirit and letter of the statute. T would, 
therefore, answer your inquiry in the affirmative. 

Very truly yours, 
(Signed) Thomas Cabmodt, 

A ttomey-General. 

WEEKLY-PAY LAW DOES NOT APPLY TO UNINCORPORATED SUB- 
CONTRACTORS. 

A sub-contractor, from a corporation or a joint stock association, holding 
a contract with the State for the construction of a section of the Barge Canal 
or other public work, in doing such work is not carrying on the buainess of 
the contracting corporation within the meaning of section 11 of the Ldwr 
Law and is not required to pay wages weekly. 

Whether a sub-contractor, from a corporation or joint stock association, 
holding a contract with the State to construct a section of the Barge Canal, 
in doing such work is carrying on the business of the corporation ao as to 
come within the provisions of section 11 of tbe Labor Law requiring the 
weekly payment of wages. 



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Kew York State Department of Labob, 



lie flrat paragrap) of section 11 of tie Labor Law i oi dea 

Ever; corporattoD or joint stock asaoclatton or person cnrrs'lDe on the 
bualncBa thereof by leB«e or otherwise shall pay wcptlj to eath emplojee tho 
wages earned by lilm to a day not m re tban six days prior to the date ol 
6UCQ pay meet 

Not the nature of tha work wl et! er public or other se but the Btatua ot 
the employer is the controllii g factor under this section Ita language differs 
widely from the proiisions ot section 3 of the Labor Law regarding hours of 
labor and of •" tion 10 requir ng pajment of wages in sh In each ot those 
sections sub coi tractors are expres''U included in its provisions Tlie Ian 
gi age of section 11 doe* not indicate an inteitioi to include in its provisions 
a sub contract r from a oorporat on unless he is ca n ing on the busines'i 
thereof The reaa na for reatucting corporxtona in tier eontracta with 
workmen do not applj in tlia cise Ihe einploTee makes his agreement with 
the Bub contractor He is not dealing with or working for the corporation 
the original contractor nlose bu8ine*is mar be somethme much wider than 
or essentially different from the part cular work covered bv the contract 
One or two specific acti do not constit ite i buaineis There is a wide differ 
ence between carrying on tl e business of the corporation an 1 in doing certain 
work which tl e corporation had undertakpn to perform and I do not think 
a subcontractor from a corpf ration can be deemed to be CH.rrying on the 
business thereof e\en though he does the particular work which the cor 
poration had contracted to do unless otl er and contr lling reasons exist 

I am therefore of the opn ion that vour que-rtion must be answered in the 

Dated March 21 1911 

RtapectfuUv aubmitted 
(Signed) Thomas Cakmodt 

Attorney- General. 
To Hon. John Williasis, 

Commissioner of Labor, Albant/, N, Y. 

ACCIDENTS IN HOUSE WRECliING TO BE TtEPORTED. 
A firm engaged in wrecking old buildings comes within the scope of aeetiou 
20-a of the Labor Ltiw and it is its duty to report deaths, accidents or in- 
juries to the Department of Labor. 

Question. 

Whether a tlrni engaged in wrecking old buildinga comes within the scope 
ot section 20-a of the Labor Law, ao that it is its duty to report accidents to 
the Department of Labor. 

The section referred to is as follows: 

Section 20-a. Accidents to he reported.— The person In ebargc ot any 
bnlldioe. conatructlon. eicavatlne or engineering work ot any flescrlptlon, 
Including the work ot repair, alteration, TWitntlnK or roaovatlng, shall keep 
a correct record ot all deaths, accidents or Injuries suRtalned by any person 
worHng tliereon. In such form as may be reaulred by the commtaaloner of 
labor. » • • WIthlTi forty-eight hours within the time, of the accident, 
death or injnry. R reuort thereof shall be made In wrlttng to the commls- 
Bioner ot Inhnr. stntlng as tiilly a^ possible the cause of the death or 



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Report op the Commissionee of Labor, 1911. 373 

Opinion. 

As you atste in your letter, " the work of wrecking and removing old build- 
ings is essentially the first process in the work of building on the sit* already 
occupied by an old structure; that it is oftentimes done by the same firm 
which excavates for- the foundation or constructs the new buil^jng as part of 
one building contract; and that it is comtnonlT regarded as a part of the 
building industry." 

The same dangers and liability to accidental injury exist is tearing down a 
structure as in erecting it, land the reasons for enacting this law apply as 
much to the dangers incident to the work of tearing down the building as in 
tha construction o( it. 

But the law is not confined in its application to the work of erecting struc- 
tures, etc. The word " building " as used in this section, in my opinion, means 
a structure, not the work in erecting a structure. It is a noun, and regard- 
ing it as such the meaning and intent of the law as applicable to the question 



I think it clear that the work of tearing down or wrecking an old building 
is work upon such building within the meaning of the law and that accidents 
occurring in doing such work should be reported tu the Department of labor. 
Dated May 17, Iflll. 

Respectfully submitted, 
(Signed) Thomas Cabmodt, 

A t torney- General. 
To Hon. Jonis Williams, 

CommiasiontT of Lahor, Albans, y. I*. 



^dbyGoogle 



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INDEX OF THE LABOR LAWS 



ACCIITENTS : FlCia. 

rallvay, iaTestliatlon of 311 

reportiDg ot, la bulldins work 199 

In (Hctorles 209 

In mln«8 anil quarries 234 

AGREEMENTS for "closed abop," law concerDing 8*2 

AGBiCULTUHAL L-iBOR, stflUatlcB of 807 

AIB BRAKES on tcalnB 808, 811 

AIH SPACE In factories , 200 

In tenement workrooms 216 

ALIEN LABOK, InvestlgKUon anil protection of 233 

prablbltlan of, on public work 191 

ANIMALS. Id bakertea 221 

APPBEN'TICES, duty of Commlasloner of Labor relBtive to 200 

law relaHve to 910 

taking, without consent of guarcllan 278 

ARBITRATION, Bureau of 231 

ARBITRATORS, local .282 

ES, number and compensation Of eiDplo}>ees In state 200 

■without lawful authority 34C 

ASSIGNMENT OF WAGES 101, 284 

ASSiOMPTION OF RISES, by cmploj-ees 246 

ATTACHMENT, exemption of mechanics' wages, tools, etc., from 282 

BADGES, for chauffears 326 

for Inspectors, etc,. Id Department of Labor 107 

for newsboys 2SS 

for passenger train employees 810 

unauthorized use of union 339 

BAIL for railway employees In case of accident 816 

BAKERIES AND CONFECTIONARIES 21«-221 

BARBERlNG on Sunday ; 276 

J OF MERCANTILE ESTABLISHMBNTS, employment of women 



used as bakeries 220 

BBI/riNO, guarding of 207 

BELT SHIFTERS 207 

BLACKLISTINTQ 342 

BLASTING, Id mines, tunnels and quarries 228, 225 

BLOCK SIGNAL SYSTEM, hours of labor on 189 

BOARDS OF HEALTH, duties with respect to tenement-made articles 217 

enforcement of mercantile law outside of first class cltiea 243 

issuance ot child labor certificates 201, 239 

BOILERS m factories, iDspectlon of 211 

In mines, Inapectlon of 223 

Id New Tock City, inspection of 831 

locomotive, inspection of 308, 310 

OD steamboats, inspection of 211 

BOYCOTT, law ot 841 

BRIBERY ot agents or employees 280 

of representfltlTes of labor organizations 840 

BRICKYARDS, boura of labor In 187 

BRIDGE GUARDS on railroads 808, 311 

BUILDING WOBiK, regulations for safety ot employees In 183-lftB 

BDILDINGS, inspection of factory 210 



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376 New Yokk State Department of Labor. 

BUREAUS Id Department of Labor 1S6 

factocj inspection 190-200 

Inaustrlefl and immlBrMlon 233-237 

labor statistics 198-1»S 

D and arbitration 231-238 

B Inspection 244-215 

CABOOSES to have rallefl piatlorma S'll 

CAISSON WORK, hours ol labor In 225 

moflical attendance In , . ; 228 

regulations lor 22« 

CASH PAYMENT of wages 180 

CEILINGS, In bakeries 209 

In factocj workrooms, to be clean 220 

CELLARS, bttkerles la 220 

CHAUFFEURS, licensing of 326 

CHILDREN, compulsocj education ot 266-271 

employment of. In factories 201-206, 211 

In mercantile establlsSments 238-242 

In mlnea and quarries 224 

in street trades , 258-256 

In tenement workrooms 216 

in trades dangerous to health or morals 211, 272-273 

CIVIL SERVICE, the labor elasa in 286 

■* CLOSED SHOP," 942 

■■ COAL JIMMIES," use of, prohibited Sll 

COERCION ot employeea In elections ." 281 

In case of strikes 343 

respecting membership in labor unlonR 340 

COGS, guarding ot 207 

COMMISSIONER OF LABOR 1»6 

deputies 196 

general duties and powers of 1&6, 200, 221, 227, 233, 244, 24fi 

COMPANY STORES 180 

COMPENSATION, workmen's, for Injuries, compulsory 253-257 

voluntary 250-253 

COMPRESSED AIR (Bee Caisson Work). 

COMPULSORY EDUCATION 266-2T1 

CONDUCTORS as policemen RIB 

street railway, qualtflcaflons of 313 

CONFECTIONERY ESTABLISHMENTS (eee Bakeries, etc.) 

CONSPIRACY 842 

CONTAGIOUS DISEASES, in tenant factories 218 

In tenement workrooms 215 

CONTRIBUTORY NEGLIGENCE 248 

CONVICT LABOR 800-306 

CONVICT-U3.DE GOODS 245-247 

COUNSEL, to Department of Labor 197 

COUPLERS, automatic, to fe used' on freight cars 308, 311 

CUSPIDORS, In factories 20© 

" CUSTODIAN " ot children, defined 214 

DAMAGES FOR INJURIES CAUSaNQ DEATH 279 

DEBT, exemption of tools from attachment tor 282 

eiemptlon of wages from attachment for 282 

DEFINITIONS in Labor Law 185, 213. 214, 219, 235, 254 

DEPARTMENT OF L.4BOR, organization ot 196. 197 

records of 187, 198 

sub-offlees of 197 

DISPTTTES, law concerning Industrial 841-84* 

Interrentlon In, by State Bureau 281 

local arbitration boards In 232 

DOORS IN FACTORIES 206 



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Index of the Labor Laws. 



DRAINAQiB AND PI.UMBING In bakeries 220 

In tenant factories 218 



DBESSING aOOMS In [actorles 210 

tD CBlBaoQ work 226 

DBIN£INO WATER, in factoclea 210 

DRDG. CLEHKS, hours of 2T6 

BIGHT-HOUa IxiY, on reservoir construction Id N*w York City 2»9 

BIGHT-eOUE lAW ie« 

Eal^EVATQRS AXD HOISTTNG SHAFTS In factories, gnardlTig of aOfl 

operatloD of, by children 211 

l!)MPLOTEE, definition of 180 

EUPIjOYEH, d^nitlon of 186 

EMPLOYEE'S LIABILITY L.\W, general 247-253 

for railroads 278 

EMPLOYMENT AQSNCIB8, false statements bj 26B 

in dtles 346-3S6 

registration of 235 

EMPLOYMENT CBETrFICATBB of children, In factories 201-204 

In mercantile eatabllahments 239-241 

ENGINEERS, locomotive, quaiiacafiona ot 818 

steam, Ucenslng of, In New York City 831, 383 

Bteamboat, Ufcenalng of 328 

EXHAUST FANS In factories 307 

BXpr.08IVBe, QBe of, in mines, tuDDela and quarrleg 223, 225. 229 

EXTORTION 848 

FApTOKY, definition of 186 

FACTORY BUILDINQS, inspection of '. 210 

FACTORY LAW 201-214 

FEMALE EMPLOYEES (see Women). 

PIRE-ESCAPBS for factories 208 

PIRBMBN, licensing of stationary, In New York City 836 

FLOORS, In bakeries 220 

In bnlldlng work, to be planked 194 

In factories, to be clean 209 

I, drying of working clothes In 210 

5 OF WAGES 282 

e guarded 207 

HIGHWAY WORK, hours and wages outside of cities and villages 187 

HOISTING OF MATERIALS, on outside of buildings IM 

HOISTTNG SILIITS, enclosure of, Id building work 184 

Id factories 208 

HOISTS, in mines and tunnels t 223 

HOLIDAYS, public 275 

HOTEL BAKERIES, under the Labor Law 220 

HOURS OF LABOR : 

in bakeries and confectioneries 219 

brickyards 187 

compressed air work 225 

legal day's work in absence of contract 186 

Of block aystetn telegraph and telephone operators 180 

children, minors and women in factories 205-206 

dmg clerks 276 

mesaengers j, 288 

minors in mercantile establlshmentn 238 

newsboys 259 

signalmen on railroads 189 

on pnbUc work 186 

Hteam railroads 188 

street, surface and elevated railroads 188 

reservoir, eonstractlon In New York City 299 



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'New Yoke State Dbpaetment of Laboe. 



ICE HOCSBJS UBlng mflchlnery are factoclea 186 

IMMIGRANT IjODGINQ HOCSBa, licensing of 236 

IMMIGRATION, Burean of InduBtrieB and 2S8-23T 

INCORPOKATION OP LABOR ORGANIZATIONS 837 

INDUSTRIAL DIRECTORY 197 

INDUSTRIAL DISEASES, to be reported 198 

INDUSTRIAL DISPUTES 3*1-346 

INDUSTRIAL BDCCATION 319-825 

INDUSTRIAL TRAINING In the pnbllc sctoola 322-324 

INSPECTION of bakeries 221 

o( boilers in factories 211 

of elevatora and hoisting shafts In factories 206 

of factories 200 

of factory bulldingB 210 

of locomotive boilers 308, 310 

of mercantile establiBbments 244 

of mines, tannels and quarries 222-223 

of scaffolding, etc 193 

of Bteam boilers, etc., in mines and tunnels 223 

of steam boilers In New York City 831 

of sweatshopa 215 

of tenement-made goods from other states 219 

INTIMIDATION In labor disputes 341 

of emplojeefl as voters £81 

LABELS, union, protection o( 192 

LABOR OEOANIZATIOXS 330-340 

bribery of representatives of 340 

compelling employees to agree nDt to Join 340 

construction of buildings by 887 

discrimination by, against members at national guard 339 

frauduleot representation Id 339 

Incorporation of 337 

labels o( 339 

suits by or against 836 

unauthorized use of badges of 339 

LADNDBIES, special regulations concerning 211 

LBCTUBES (or working people Id New York City, free 324 

LIABILITY for personal Injuries causing death, ctvli 247. 278 

crtminat 279 

LICENSES of 

chauffeurs 326 

employnteut agencies In cities 346 

Immigrant lodging bouses . -■. 286 

movlng-plcture machine operators 328-880 

pilots 826 

plumbers In eltlea 828-329 

private banters 869-365 

sailors' boacdlng-houses ~ . . . . .365-367 

sellers of couvict-made goods 24E> 

stationary engineers In New York City 331, 333 

stationary firemen In New York City 335 

Steamboat engineers 326 

tenement houses 214 

ticket agents 356-358 

" LIFE AND LIMB LAW " 193 

LIGHTING in factoriea 207 

In tenant factories 213 

In tenement houses 216 

LOCKOUTS (see Disputes). 

LOANS, security for usurious 284 

LOCOMOTIVE ENGINES, to be equipped with power brakes 310 

LOCOMOTIVES, steam, care of 



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Indbz of thb Labob Lawb. 



LUNCH BOOMS lo mercantile eatabllBlimenM 242 

LUNCH TIMB in (actorlefl 210 

UACHINBBY, In lactorleB, cleaning of, by chlldceD 212 

Id factories, gaardlnE of SOT 

Id niiD«B and quarries, guarding ol 228 

MAT&BIM. to be manufactured, unlawful to Belt oi pawn 2S0 

MEALS In factories, time allowed for 210 

in mercantile eatablUhmenta 238. 242 

MBCHANrCS" TOOLS, etc., eiempt from attachment 288 

MEDIATION AND AHBITRATION, Bureau of 2S1-2S8 

HBDICAL ATTENDANCE In tnnnela and calSBons 226 

MEBCANTILE BSTABLISHMBNT, deflnltlon of 185 

regulatlaDB concerning 237-243 

UERCANTILE INSPECTION, Bureau of 244-246 

MESSENGERS, prohibited employment of 2S8 

regulatlonB concerning 278 

MINES. TDNNBLS AND QUAHRIES 221-231 

mlea and cegolatlona of Commissioner of Labor concerning 227-231 

HINOBS,* emplOTment In factories 201 

honrs of labor In factories 20B-20e 

boors of tabor In mercantile eetabilstiments 23B 

not to clean machlnerj In motion 212 

payment of wasea to 274 

anlawtul employments of 212, 313 

MOTOHMEN, -street railway, unaliflcatlona of 818 

MOVING PICTDKE MACHINE OPEBATOBS, llcenHlng of 82«, 380 

MUNICIPAL EMPLOYMENT, reglBtraUon of laborer* Id 281 

'MUNICIPAL OBI>lNANCE8, enforcemenl of, by Commlasloner of Labor. . .200, 244 

NATIONAL GUAED, depriving members of employment 343 

members of, discrimination against, by labor organUatlons 330 

NEGLIGENCE, dsll liability for 24T, 278 

criminal liability lor 270 

NHWSEOYS, employment of, regnlated 2G8-250 

NEW YORK CITY: 

barbering on Sunday 2Tfl 

boiler Inspection 831 

elgtit-bonr day authorized in nqneduct construction 290 

employment agendea. private 84d-30<{ 

en^neera, steam, Co be licensed 331, 338 

firemen, stationary, to be Ucenaed 836 

hoars of labor of drug clerks restricted STB 

boors of labor on street railways 188 

lecCorea, free, for working people 324 

moving picture machine operators. licensing of 330 

penal Institutions, employment of Inmates of 309 

plumbers. Ucenstng of 828 

relief and pension fund of street cleaners 203 

sailors' boarding-bouses 369 

vacations of employeei of 277 

wage debts, procedure for collectton of 26C 

wages and salaries of entployees of a4;reet- cleaning departments. 291 

NIGHT WORK, of children Id atreet trades 259 

of dilldceD unfler 10 In factories 206 

of children under Ifl In mercantile cstsubllsbments 288 

of women and male minors In lactorlea 20fi 

of women In mercantile establish ments 288 

NOTARIES, (rand by 960 

OUTLETS OF MINES 222 

OWNBBS, of tenant factories, responMWUty of 212 

of tenement houses, responsibility of 218 



• See also " Cblldien." 



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New Yobk State Dbpaetment of Labok. 

J IQ faotoclea to be gaardefl 207 

ON FUND, ol street cleaDera Id New York City 293 

PICKETING, law of Ml 

PILOTS, lleeDslDB ot 325 

" PINKEKTON LAW, ANTl-'- 844 

PLANBK8 to be guardeO 207 

PLUMBEES, UcenslnB of, In cities 328 

POISONING, IndUBtclal, raportlLg ot 1S8 

POUCB OFFICERS, special 316 

POLISHING, employment of women and minora at, prohibited 212 

POSTING OF LAWS: 

In employment agencies In cltlea 354 

in factories 200 

In mercantile establishments 243, 246 

POWERS, of Commissioner o( Labor and depntles, etc 186 

PREVAILI'NG RATE OF WAGES, OQ pi«)Uc work 187 

PRINTING and photo -engraYing bj prisoners 302 

PRISON LABOR 300-306 

PRISONERS, employment of, in county jails 304 

employment of, In New York City penal Inatitutlooa 305 

PRIVATE BANKING, regnlatlon of Se»-SOS 

PUBLIC EMPLOYMENT AGENCIES In cities 346-3B6 

PUBLIC SERVICE COMMISSION, complaints to 817 

PUBLIC WORK 

Itl t N w Y k preference to .- 181 

Itl t U Itei St tea to he ecnployed Ml 

mp y t es p hiblted 100 

h fib i«e 

b f 1 -bo N w York City aqueduct 209 

I b i t-tat Be ice 280 

p w f Legl I t to regulate labor on 280 

b I tti B f nt ts prohibited 2«7 

g t b t p lling rates 187 

w ges t St t mil yees, to be paid seml-montblj 289 

w g It uctlon to be secured by contractors' bond 208 

PULLEY& ANI HVtTI'^G 20T 

PULLEYS AND TACKLES In building work 103 

QCAKHIES 221-231 

RAILROADS, badges of employees ot 316 

bail of employees In case of acddent 315 

"' coal jimmies " probJbited ', 311 

conductors and trainmen as policemen 315 

iMaorderly conduct on cars 844 

disposition ot unclaimed articles 816 

elevated, misconduct of officials 314 

employment of intemperate persons on 814 

hours of labor on 188 

liability of, for contractor's wage debts 287 

liability of, for injuries to employees 278 

not to employ intemperate persons 3il4 

regulation of conditions on, by Public Service Commission 310, 317 

safety appliances on 308-313 

to have locomotive boilers inspected 308, 810 

to pay wages semi-monthly ISO 

unllorms ot employees ot 315 

RAILWAY LABOR 308-318 

RECEIVERS, to treat wages of employees as a privileged debt 190 

RECORDS, of Department of Labor, when to be destroyed 187 

REFUSAL TO LABOR, when endangering life S43 



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Index of the Labor Laws. 



of employment agencies SS6 

Of laborers lor municipal cmplojmsnt 291 

REPORTS ol bureaus in l>epartment of I.atK>r 167, 200, 232, 286, 2*6 

ot CotamlsEloner of Labor 19T, 223 

BIOBTS, political and legal of workfaigmeii 281-286 

■ KIOHT TO SaiClKS " 841 

SAFBODAEDS for machlnerj in factories .' 207 

SAPBTY SWITCHES to be placed on railroad traetB 808 

SAFETY- VALVES for boUera In factories 211 

SAILORS' boardiag-houseB, Ucenalng of 865-807 

KALAHIES AND EXPENSES, In Department ot Laboc 107 

SAIOATOGA SPBilNGS, Sunday barberlDg parmltted la 27« 

SAWS to be guarded 207 

SCAFFOLDING, mnat be made sate IW 

SCHOOL RECORD ot children 203, 241 

SCHOOLS, Indnatrlal training in public 322-824 

required attendance at 200-271 

SEATS, lor female emplofeee in hotels, re&tauninta and factories 192 

Hor women In mercantile estabUBhments 248 

SBMI-MOXTHr,Y PAYMDNT OF WAGES, bj railroads IW 

to state employees 260 

SET SCREWS to be guarded 207 

SHAFTING to be guarded 20T 

SHAITS {see Hoisting ShaCtBl. 

SIGNALMEN, on eurface, subwa; and elevated railroads, hours ot la^r at. . ISS 

SIZE OF ROOMS, In bakeries 220 

In factories 209 

SLEEPING-ROOMS In bakeries 221 

Id drug Btoree 27C 

in laundries 211 

SPITTING on factory floors 20e 

STAIRS AND DOORS In factories, iprortsions for aafety of 206 

STATE INSTITUTIONS, employees eicepted from »-hoar law 187 

STATE WORK (Bee PubUe Wort). 

STATISTICS of agricultural labor 806 

of labor. Bureau of I&S-IW 

penalty for failure to fumlah 198 

STEAMBOATS, criminal negligence by persooB In charge of 279 

employment ot Intemperate persons on 311 

miaeonduct on 814 

STEAM BOILERS, Inspection ot In New York City SSI 

mismanagement of 279 

STEAM ENGINEERS in New York City 8»1 

STEAM ENGINES, .persons In charge of 270 

MTEAM-OADGBS for hollers, in factories 211 

In mines 228 

on railroads 310 

STOOKHGLDERS liable tor wage debts 286 

STORE ORDERS Illegal 100 

STORES (See Mercantile Establlshmentsl. 

SrtlEET CLEANERS Id New York City, relief and pension fund ot 298 

wages ot 291 

STREET RAILWAY EMPLOYEES, quallllcatlona of 318 

STREET RAILWAYS, car plattormB to be enclosed 312 

disorderly conduct on 344 

hours ot labor on 188 

not to employ Intemperate persons 31S 

anclalmed articles tonnd In cars 316 



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382 New York State Depaetmbnt of Labor. 

Pagh. 

STEBBT' TBADES. emptojment of children Id 258-2»» 

erraiKES (see Dloputee). 

SDB-0FFICB8 of Departmeut of Labor 197 

BUNDAT L&BOB 278 

SHPERlNTENDBiNT OP P0BLIC WOmK8, duties of 200 

" TAiQGIRa," m bakerieg 221 

in tenant factories 21» 

In tenement workrooms 216. 219 

o( dangeroufl maiiinerr 207 

o( unsafe scaffolda 19S 

TELBGBAPHBBS. qnallflcatlons ' of SIS 

railroad, bonrs o( labor of 18S 

TENANT FACTOKIBS. defined 212 

reeulattons concerning 2I2-Z13 

TB^"BMENT HOUSE, deflnltlon of 18« 

TENEMENT MANUFACTDRES 214-219 

TICKET AGENTS, tegulatlona concerning 3^6-369 

TIMBERING of Eiliws anit tunnels 228 

TOBACCO, nBc of, prtdilblted in bak«rleH 220 

TOILET CONVENIENCES In factories 210 

TOOL8 eienrpteil from attachment for debt 282 

TRADE UNIONS (see also Labor Organliatlons) 33«-340 

TRIADB», licensing of . : 826-335 

TRAINMEN as policemen 316 

TRAVELING EXPENSES, in Department of Labor 1B7 

TRAVELING WAYS in mines S24 

■■ TRUCK " ejatem, law prohibiting 190 

TUNNELS 221 

UNCLAIMED PHOPBRTT, fflsposltlDn of, when found In public vehldea 316 

DNIFORMB, unauthorlied wearing of '. 316 

UNION LABEL, protection of 1»2 

VACATIONS, of public employees 277 

of New York City employees 277 

VATS to be guarded 207 

VENTILATION, In bakeries 220 

basemente in mercantile estabUahments 243 

in tactorlea 209 

of mines and tunnels 223 

in tenement workrooms 216 

VOTING, employers not to Influence employees in 281 

time to be allowed for 281 

WAGE DEBTS, ordinary eiemptlona not valid against 286 

liability of railroad to employees of contractor 287 

liability of stockholders tor 286 

WAGE9, aaslgnraent of 191, 284 

casb payment of 190 

garnishee of 282 

married woman's right of action for 288 

of contract labor on canals, security of 298 

of employees of State armories 290 

of employees of State prisons 290 

of street cleaners In New York City 291 

court fees In suits for 287 

on public work 187 

payment of, by reeelrers IBO 

payment of, to minors 274 

payment of, to State employees '. 289 

preferred claims 286 

when to he paid 190 

WALI,S, In bakeries 200 

la factories, cleanliness of 220 



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