rations charged with the duty of the management or operation of the business of a common carrier, whose motive power is steam; but shall not include persons, firms, or corporations owning or operating steam railroads when such railroads are primarily and chiefly used as incidental to the operation of coal, gypsum, or iron mines, or saw mills, nor shall it apply to any railroad owned or operated by any county.

SEC. 5796. Declaration under Federal law.-The declaration or other pleading in any such action may embrace a cause of action growing out of any act of Congress of the United States of America for said injury or death, without being demurrable on this account and without the plaintiff being required to elect under which statute he claims. The five preceding sections shall not apply to electric railways operated wholly within this State.

Suits for wages-Exemptions-Garnishment

SECTION 6531. Heads of families.—[Exemptions allowed heads of families do not extend to debts owed for services rendered by a laboring person or mechanic.]

SEC. 6555. Wage exemptions.-[Wages due a laboring man who is head of a family are exempt from execution, etc., in an amount not exceeding $50 per month.]

SEC. 6558. Minors.-[The wages of minors are not subject to garnishment, etc., for the debts of parents.]

SECS. 6559, 6560. Public employees.-[Wages and salaries of employees of the State, other than State officers, are subject to garnishment unless otherwise exempted, the customary process being served on the person charged with the payment of such wages or salary.]

ACTS OF 1918

CHAPTER 179.-Contract of employment--Fraudulent breach

SECTION 1. Obtaining advances.-If any person, with intent to injure or defraud his employer, enters into a contract of employment, oral or written, or for the performance of personal service to be rendered within one year, in and about the cultivation of the soil and thereby obtains from the land owner, or the person so engaged in the cultivation of the soil, money, or other thing of value under such contract, and fraudulently refuses to perform such service, or to refund the said money or other thing of value so obtained, shall be deemed guilty of the larceny of the said money or other thing of value so received: Provided, however, That prosecutions hereunder shall be commenced within sixty days after breach of such contract.

CHAPTER 260.-Factory, etc., regulations--Grinding and polishing wheels

SECTION 1. Ventilation.-All persons, firms, companies, associations, and corporations operating or in charge of a factory, machine shop, or other place or building where grinding, polishing, or buffing wheels are used in the course of the manufacture or the working on of articles of the baser metals, shail provide such wheels with a hood connected by means of a pipe to an exhaust fan or other suction device in such manner as to carry away the dust and refuse thrown off by such wheels to some receptacle so placed as to receive and confine such dust or refuse, or in such manner as to discharge the same into the open air outside of such factory or other building: Provided, Conditions permit such discharge without injury to persons or property. Every such hood shall be made of metal or other suitable material and be of such form and so located in relation to the grinding surface of the wheel that the dust and refuse therefrom will fall or be drawn into the hood and be carried off by the pipe attached to it, and so as to prevent injury to the operator if the wheel shall burst. But connection of such hood with an exhaust fan or other suction device shall not be required in any of the following cases:

First: When less than five of such wheels are owned or operated by one person or concern.

Second: When such wheel is provided for only occasional use by workmen in grinding the tools used by them.

Third: When water is used upon such wheel at the point of grinding contact. SEC. 2. Construction of hood.-Every hood shall be so constructed as to expose the smallest portion of the wheel consistent with efficient operation, and its free edges shall be turned back or faced to prevent injury to the hands of workmen. Where there is likelihood that the hood may scratch the work the edges of the hood should be covered with leather or other suitable covering.

SEC. 3. Use.-Every such fan or other suction device shall be kept in constant operation while such grinding, polishing, or buffing wheels are in operation. SEC. 4. Violations.-[Fines of from $25 to $50 for the first offense and $50 to $100 for each subsequent offense are penalties for violations.]

CHAPTER 313.-Factory, etc., regulations-Common drinking cups SECTION 1. Cups forbidden.—The use of the common drinking cup on railroad trains and in railroad stations, public hotels, boarding houses, restaurants, clubs, steamboats, schools, factories, stores, or publicly frequented places in Virginia is hereby prohibited. No person or corporation in charge of the aforesaid places and no person or corporation shall permit on the said railroad train, in railroad stations, public hotels, boarding houses, restaurants, clubs, steamboats, schools, factories, stores, or any publicly frequented place in Virginia the use of the drinking cup in common.

[Violations entail a fine of not less than $1 nor more than $10 each day's violation to be considered a separate offense, punishable by fine as above.]

ACTS OF 1919-SPECIAL SESSION

CHAPTER 54.-Antitrust law-Labor, etc., organizations exempt

[This act forbids monopolies, trusts, and combinations, but exempts labor, agricultural, and horticultural organizations for mutual help, without capital stock and not conducted for profit.]

ACTS OF 1920

CHAPTER 281.-Railroads-Shelters for repair tracks

SECTION 1. Powers of commission.-[The State corporation commission is authorized, after hearings duly held, to require buildings or sheds to be erected for the protection of workmen doing heavy repair of railroad cars or trucks, to make and enforce rules and orders as to work, the size and construction of the buildings, etc., so as to afford protection from the weather without unreasonable interference with the work or system of the institution where the work is being done; enforceable by fine.]

ACTS OF 1922

CHAPTER 268.-Payment of wages due deceased employees

*

SECTION 1. Payment to next of kin.— When there is due from any employer to a deceased employee, upon whose estate there has been no qualification, a sum not exceeding three hundred dollars, it shall be lawful for such * * employer, after one hundred and twenty days from the death of said person, to pay said balance to his next of kin, whose receipt therefor shall be a full discharge and acquittance

*

CHAPTER 284.-Employment of children-Abuse

SECTION 1. Misdemeanor.—[It is a misdemeanor for any employer of a child to willfully or negligently cause or permit its life, health, or morals to be endangered or to permit it to be overworked or otherwise abused.]

CHAPTER 381.-Employment of children-School attendance

SECTION 1. Requirements.-[Attendance during the school term is required to 14 unless the prescribed elementary course has been completed and the child is regularly and lawfully employed.]

CHAPTER 489.-Employment of children-General provisions SECTION 1. Age.-[No child under 14 may work in any gainful occupation other than on farms, and in gardens and orchards, except as provided in this act.]

SEC. 2. Work time.-[No child under 16 may be employed as above more than 6 days or 44 hours per week, nor more than 8 hours per day, nor between 6 p. m. and 7 a. m. A schedule of work time must be posted in all places where children are employed.]

SECS. 3-9. Certificates.-[Employers of children under 16 must have on file certificates issued by the school authorities on the basis of a statement by the employer as to the nature, hours, etc., of the employment intended, and evidence of age and physical fitness; a physician must furnish the latter. Certificates must show name, age, evidence on which issued, schooling, sex, etc. One copy goes to the employer, one to the commissioner of labor, and one is kept on file by the issuing officer.]

SEC. 10. Canneries.—[This act does not apply to children 12 to 16 years of age working not more than 8 hours per day in fruit and vegetable canneries when the public schools are not in session.]

SEC. 11. Notice.-[Employers must within 7 days give notice of the beginning and the termination of the employment of a child holding a certificate, returning the certificate to the issuing officer when employment ends.]

SEC. 12. Term.-[Certificates lapse after 12 months unless a new certificate of physical fitness is filed.]

SEC. 13. Dangerous occupations.-[Employment under 16 is forbidden in a specified list of dangerous occupations. For a similar list see secs. 3145, 3148, Delaware Code.]

SEC. 14. Messengers, etc.-[Males under 14 and females under 18 may not be employed in messenger or delivery service; and males under 18 and females under 21 may not be employed between 10 p. m. and 5 a. m.]

SECS. 15, 16. Street trades.-[Boys under 14 and girls under 18 may not engage in street trades, except that boys 12 to 16 years of age after procuring a badge may act as bootblack or newsboy between 6 a. m. and 7 p. m. on days when the public schools are not in session. The badge is issued by the same person and under the same requirements as employment certificates. A deposit of 50 cents is required, to be returned on surrender of the badge. Holders must wear the badge when at work, and transfers are forbidden. Work for more than 8 hours per day is forbidden.]

SEC. 17. Violations.-[Employing or permitting the employment of children in violation of this act entails a fine of $10 to $25 for the first offense, $25 to $50 for the second, and $50 to $250 for subsequent offenses. Jail sentence of 30 to 90 days may be added for third or subsequent offenses.]

SEC. 18. Enforcement.-[The commissioner of labor has power to enforce the act and to appoint necessary inspectors. He is also to supervise the work of attendance officers in cities and counties, and make necessary rules and regulations for carrying out the purposes of this act.]

ACTS OF 1924

CHAPTER 410.-Free public employment offices

SECTION 1. Bureau created.-In order to promote the establishment and maintenance of free employment offices for men, women, and minors who are legally qualified, seeking employment, and for employers desiring workers, there is hereby created in the department of labor a free employment bureau. It shall be in charge of the commissioner of labor, who shall appoint an assistant, whose duties shall be to supervise the work of the said bureau and its branch offices, under the direction of the commissioner, and who shall receive an annual salary to be fixed by the commissioner of labor. There shall also be appointed in said bureau by the commissioner of labor such assistants and other employees as are necessary to carry out the provisions of this act.

SEC. 2. Duty of commissioner of labor.-It shall be the duty of the commissioner of labor, and he shall have the power, jurisdiction, and authority: (a) To establish and conduct free employment offices in the State, where, in the opinion of the commissioner, such action may be deemed advisable

and expedient; to in all proper ways, within the limitations of this act, bring together employers seeking employees and applicants for employment seeking employers; to make known the opportunities for self-employment in the State; to devise and adopt the most efficient means to avoid unemployment; to cooperate with existing State and Federal agencies in extending vocational guidance to minors seeking employment.

(b) To establish and maintain such sections of the employment service as will best serve the public welfare.

SEC. 3. Information to be public.-Said employment bureau shall make public, through the newspapers and other media, information as to situations it may have applicants to fill, and establish relations with employers for the purpose of supplying demands for labor. Said bureau shall collect, collate, and publish statistical and other information relating to the work under its jurisdiction; investigate economical developments and the extent and cause of unemployment, and remedies therefor, within and without the State, with the view of preparing for the information of the general assembly such facts as in its opinion may make further legislation desirable.

SEC. 4. Vocational guidance.-The commissioner of labor is hereby authorized to enter into agreement with the governing authorities of any munici pality, county, township, or school corporation in the State for such period of time as may be deemed desirable for the purpose of establishing and maintaining local free employment offices and for the extension of vocational guidance to minors. The commissioner is likewise authorized, with the advice of the governor, to enter into such cooperative agreement as may be deemed desirable with the United States employment service, or such bureau of the United States Department of Labor as the secretary thereof may here after designate, or other Federal agency as Congress may hereafter authorize for the purpose of securing financial aid from the United States Government for the establishment and maintenance of free employment service and the extension of vocational guidance to minors.

SEC. 5. Loral cooperation.—It shall be lawful for the governing authorities of any municipality, county, township, or school corporation in the State to enter into cooperative agreement with the commissioner of labor, and to appropriate and expend the necessary money to permit the use of public property for the joint establishment and maintenance of such offices as may be mutually agreed upon and which will further the purposes of this act. SEC. 6. Appropriations.-For the purpose of carrying out the provisions of this act there is hereby appropriated out of the general funds of the State. not otherwise appropriated, the sum of two thousand five hundred dollars per annum. Upon the certificate of the commissioner of labor, the auditor is hereby directed to audit and the treasurer to pay expenses of said free employment service, not exceeding the sum of two thousand five hundred dollars per annum.

SEC. 7. Farm labor.-The established agency [shall] be directed to cooperate with the local county agricultural farmer agents and farmers' organizations in ascertaining needs of labor and distribution among farming classes,

WASHINGTON

CONSTITUTION

ARTICLE II.-Labor legislation

SECTION 35. Protective laws to be passed.-The legislature shall pass necessary laws for the protection of persons working in mines, factories, and other employments dangerous to life or deleterious to health, and fix pains and penalties for the enforcement of the same.

REMINGTON & BALLINGER'S CODES AND STATUTES-1910

Suits for wages-Exemptions--Preferences

SECTION 533. Homesteads.-[Homesteads are subject to execution in satisfaction of judgments for mechanics and laborers' liens.]

SEC. 564. No property exempt.-[No property is exempt from execution for wages earned within the State; but this does not affect sec. 703, below.]

SEC. 637. Wages exempt.-[The earnings of a judgment debtor for 60 days next preceding action are exempt from execution if shown to be necessary for the support of a dependent family.]

SEC. 703. Garnishment.-[Current wages for personal service to the amount of $100 are exempt from garnishment where the debtor has a dependent family; but if the debt is for necessaries furnished the defendant or his dependents the exemption shall not exceed $10 out of each week's salary or wages for not more than 4 consecutive weeks.]

SEC. 1204. Preference in assignments.-[Wages earned within 60 days preceding an assignment or insolvency proceedings, not exceeding $100 each, are to be paid before any other claims.]

Sec. 1205. Administration.—[In case of death, wages earned in the 60 days prior thereto, not exceeding $100 in amount, rank next after funeral expenses, expenses of last sickness, of administration, and allowances to the widow and children. (See sec. 1568, below.)]

SEC. 1206. Executions, etc.-[In cases of executions, attachments, etc., for other than for labor done, elaims for wages for 60 days, not over $100, are to be paid first from the proceeds of the sale.]

SEC. 1568. Decedents.-[In settling estates of deceased employers, wage claims for labor performed within 90 days preceding the death are to be paid after funeral expenses, expenses of last sickness, and debts having preference by the laws of the United States. (See sec. 1205, above.)]

Interference with employment-Conspiracy against workingmen SECTION 2382. Interference with employment.--Whenever two or more persons shall conspire

(5) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats, or intimidation, or by interfering or threatening to interfere with any tools, implements, or property belonging to or used by another, or with the use or employment thereof;

Every such person shall be guilty of a gross misdemeanor.

SEC. 2383. Evidence.-In any proceeding for [a] violation of section 2382 it shall [not] be necessary to prove that any overt act was done in pursuance of such unlawful conspiracy or combination.

Employment of children-Certain occupations forbidden

SECTION 2446. Mendicant, etc., occupations.-[The employment of a minor apparently or actually under 18 in mendicant or immoral occupations, injurious or dangerous employments, or as messenger to houses of known immoral resort is forbidden. For text of similar law, see sec. 2223, Delaware Code.]