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CHAPTER 378.—Hours of labor of women and children in mercantile establishments.
SECTION 1. Section ten of chapter five hundred and eight of the acts of the year eighteen hundred and ninety-four is hereby amended
so as to read as follows:-Section 10. No minor under eighteen years of age, and no woman, shall be employed in laboring in any mercantile establishment more than fifty-eight hours in any one week: provided, that the restrictions imposed by this section shall not apply during the month of December in each year to persons employed in shops for the sale of goods at retail.
Sec. 2. This act shall take effect on the first day of July in the year nineteen hundred
Approved June 13, 1900.
CHAPTER 414.— Protection of street-railway employees-- Inclosed platforms. SECTION 1. All street cars hereafter purchased, built or rebuilt by any street railway company and used for the transportation of passengers during the months of January, February, March and December, and all cars in use for the transportation of passengers during said months after the first day of November in the year nineteen hundred and two, except as otherwise provided in section two, shall have their platforms inclosed in such manner as to protect the motormen, conductors or other employees operating the cars from exposure to wind and weather, and in such manner as the board of railroad commissioners shall approve.
Sec. 2. Any street railway company operating cars in a city of more than one hundred and fifty thousand inhabitants may, on or before the first day of October in the year nineteen hundred, petition the board of railroad commissioners to be exempted from the provisions of this act so far as relates to such lines or routes owned or controlled by said company, where said company claims cars can not be operated with safety; and if after hearing and investigation said board decides that in its opinion street cars with the platform inclosed, as required by section one of this act, can not be operated with safety in such city, upon any or all of its lines or routes, this act shall not be applicable to said company, its officers or cars, so far as relates to such lines or routes so decided to be unsafe for such operation. Said board shall render its decision on all petitions brought under this section, with the reasons for such decision, on or before the first day of January in the year nineteen hundred and one, but said decision shall at any time be subject to revision by said þoard. If however said board shall decide adversely to the claim of said company in regard to any lines or routes included in said petition, then said petitioning railway company shall inclose the platforms of its cars operated on such fines or routes, in the manner provided in section one, within such time as said board shall deem reasonably requisite, not however exceeding four years from the date of the decision of the said board.
Sec. 3. The term “car," as used herein, includes all street cars operated by steam, cable or electricity which require while in motion the constant care or service of an employee upon the platforms or upon one of the platforms of the car. The term "company," as used herein, includes any.corporation, partnership or person owning or operating a street railway.
SEC. 4. Any street-railway company which fails or neglects to comply with the provisions of this act shall be punished by a fine not exceeding one hundred dollars for each day during which such failure or neglect continues.
Sec. 5. The superintendent or manager of any street railway, and any other officer or agent thereof, who causes or permits any violation of this act, shall be jointly and severally liable with the company employing him to the fine herein before designated, and in default of payment may be committed to jail until his tine is paid: Provided, That he shall not so be committed for a period longer than 3 months.
Sec. 6. So much of chapter four hundred and fifty-two of the acts of the year eighteen hundred and ninety-seven as is inconsistent herewith is hereby repealed.
Approved June 27, 1900.
CHAPTER 425.— Hours of labor of employees of county jails, etc. The hours of labor for employees of county jails and houses of correction shall not exceed 60 hours in a week. `Any county officer who violates this act by inducing or compelling any employee to work more than 60 hours a week shall be punished by a fine of not less than twenty-five nor more than fifty dollars for each offense.
Approved June 29, 1900.
CHAPTER 446.- Employers' liability-Extension of time for giving notice under act. Section three of chapter two hundred and seventy of the acts of the year eighteen hundred and eighty-seven, as amended by * * is hereby further amended by striking out the word “thirty,” in the sixteenth and twenty-seventh lines, and inserting in each instance in place thereof the word:-sixty,–
Approved July 10, 1900.
CHAPTER 469.-Protection of employees on public works. SECTION 1. No person or corporation, and no agent or employee of any person or corporation, under contract with the Commonwealth or any municipal corporation or any county therein, or with any board, commission or officer acting on behalf of the Commonwealth or any county or municipal corporation therein, for the doing of public work, shall, either directly or indirectly, make it a condition of the employment of any person that he shall lodge, board or trade at any particular place or with any particular person; but every employee in such work shall have full liberty to lodge, board and trade wheresoever and with whomsoever he may choose.
Sec. 2. It shall be the duty of every board, commission or officer contracting as aforesaid, to make the provisions of this act a part of the contract.
Sec. 3. Any person who violates the provisions of this act shall be punished by fine not exceeding one hundred dollars for each offense.
Approved July 17, 1900.
CHAPTER 470.–Payment of wages to employees of the State. The provisions of section fifty-one of chapter five hundred and eight of the acts of the year eighteen hundred and ninety-four, relative to the payment of weekly wages, so far as applicable to the cities of the Commonwealth, shall apply to the Commons wealth, and its officers, boards and commissions, when acting as employers of mechanics, workmen and laborers.
Approved July 17, 1900.
RESOLVES-CHAPTER 72.- In faror of the New Bedford textile school. Resolved, that there be allowed and paid out of the treasury of the Commonwealth to the trustees of the New Bedford textile school the sum of eighteen thousand dollars, for the use of said school: provided, however, that no part of this sum shall be paid until satisfactory evidence is furnished to the auditor of accounts of the Commonwealth that an additional sum of seven thousand dollars has been paid to the said trustees for the use of said school by the city of New Bedford, or received by them from other sources; and provided, further, that the yearly tuition at said institution for day pupils who are nonresidents of the Commonwealth shall be not less than one hundred and fifty dollars. The city of New Bedford is hereby authorized to raise by taxation and pay to said trustees such sum of money, not exceeding seven thousand dollars, as may be necessary to secure the amount provided for by this resolve. Approved May 18, 1900.
RESOLVES-CHAPTER 73.- In favor of the Lowell textile school. Resolved, That there be allowed and paid out of the treasury of the Commonwealth to the trustees of the Lowell textile school a sum not exceeding thirty-five thousand dollars, to be expended under the direction of said trustees in erecting a building or buildings for the use of said school: provided, however, that no part of this sum shall be paid until satisfactory evidence is furnished to the auditor of accounts of the Commonwealth that a lot of land suitable and ample for such building or buildings has been contributed and conveyed in fee to said trustees, free from all incumbrances; and provided, further, that no part of said sum shall be paid to said trustees in excess of the combined fair market value of the land so conveyed to them and of machinery hereafter given absolutely to them for the use of the school, together with the amount of contributions of money made to the trustees for the general purposes of the school or for the erection of said building or buildings, exclusive however of any contribution of money for the use of said school provided for in any other act or resolve of the present year.
Approved May 18, 1900,
RESOLVES-CHAPTER 76.- In favor of the Lowell textile school. Resolved, that there be allowed and paid out of the treasury of the Commonwealth to the trustees of the Lowell textile school the sum of sixteen thousand dollars, to be applied to the purposes of the school: provided, that no part of this sum shall be jail until satisfactory evidence is furnished to the auditor of accounts of the Commonwealth that an additional sum of six thousand dollars has been paid to said trustees by the city of Lowell or received by them from other sources. The city of Lowell is hereby authorized to raise by taxation and pay to said trustees such sum of money, not exceeding six thousand dollars, as may be necessary together with that received from other sources to secure the amount provided for by this resolve.
Approved May 28, 1900.
ACTS OF 1900.
CHAPTER 298.-Hours of labor. SEATION 1. Section three of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to la'bor, constituting chapter thirty-two of the general laws," as amended by chapter five hundred and sixty-seven of the laws of eighteen hundred and ninety-nine, is hereby amended to real as follows:
$ 3. Eight hours shall constitute a legal day's work for all classes of employees in this State except those engaged in farm and domestic service unless otherwise provided by law. This section does not prevent an agreement for overwork at an increased compensation, except upon work by or for the State or a municipal corporation or by contractors or subcontractors therewith. Each contract to which the State or a municipal corporation is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than 8 hours in any one calendar day except in cases of extraordinary emergencies caused by fire, flood 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 connection therewith shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the State where such public work on, about or in connection with 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, workmanor mechanic, employed by such contractor, subcontractororother person on, about or upon such public work shall receive such wages herein provided for. Each contract for such public work hereafter made shall contain a provision that the same shall be void and of no effect unless the person or corporation making or performing the same shall comply with the provisions of this section; and no such person or corporation shall be entitled to receive any sum, nor shall any officer, agent or employee of the State or of a municipal corporation pay the same or authorize its payment from the funds under his charge or control to any such person or corporation for work done upon any contract which in its form or manner of performance violates the provisions of ibis section, but nothing in this section shall be construed to apply to persons regularly employed in State institutions, or to engineers, electricians and elevator men in the department of public buildings during the annual session of the legislature.
SEC. 2. This act shall take effect immediately.
Became a law, April 6, 1900, with the approval of the governor. Passed, threefifths being present.
CHAPTER 327-ARTICLE 3.- Eramination, licensing, etc., of plumbers. $ 40. The existing boards for the examination of plumbers in cities of this State are continued and each shall hereafter be known as the examining board of plumbers. Such board in each city shall continue to consist of five persons to be appointed by the mayor, of whom two shall be employing or master plumbers of not less than 10 years' experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of such board shall be the chief inspector of plumbing and drainage of the board of health of such city, or officer performing the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers having charge or supervision of the plumbing, drainage or sewerage, whom the mayor shall designate or appoint, or two members of the board of health of such city having like duties or acting in like capacities.
$ 41. The term of office of each member of such board shall be 3 years, from the first day of January following his appointment. Vacancies occurring by expiration of a term shall be filled by the mayor for a full term. Vacancies by death, removal, inability to act, resignation or removal from the city of any member shall be filled by him for the unexpired term. The chief inspector of plumbing and drainage and the engineer in charge of sewers or the officers holding equivalent positions or acting in like capacities designated or appointed by the mayor as herein provided, shall be ex officio members of such examining board, and when they shall cease to hold their offices by reason or on account of which they were so designated or appointed, their successors shall act on the examining board in their stead.
$ 42. The master and journeymen plumbers serving as members of such board shall severally be paid the rate of five dollars per day for each day's service when actually engaged in the performance of the duties pertaining to the office; but such compensation shall not exceed five dollars per month in a city of the third class, nor the sum of ten dollars per month in a city of the second class, nor the sum of twenty dollars per month in a city of the first class. It shall be the duty of such ex officio members of the board of examiners to discharge their duties as members of such board without compensation therefor.
$ 43. All members of such board shall be citizens and actual residents of the cities in which they are appointed.
$ 44. The several examining boards of plumbers shall have power and it shall be their duty:
1. To meet at stated intervals in their respective cities; they shall also meet whenever the board of health of such city or the mayor thereof shall in writing request them so to do.
2. To have jurisdiction over and to examine all persons desiring or intending to engage in the trade, business or calling of plumbing as employing plumbers in the city in which such board shall be appointed with the power of examining persons applying for certificates of competency as such employing or master plumbers or as inspectors of plumbing, to determine their fitness and qualifications for conducting the business of master plumbers or to act as inspector of plumbing, and to issue certificates of competency to all such persons who shall have passed a satisfactory examination before such board and shall be by it determined to be qualified for conducting the business as employing or master plumbers or competent to act as inspectors of plumbing
3. To formulate in conjunction with the local board of health of the city or an officer, board or body performing the duties of a board of health a code of rules regulating the work of plumbing and drainage in such city, including the materials, workmanship and manner of executing such work and from time to time to add to, amend or alter the same.
4. To charge and collect from each person applying for examination the sum of five dollars for each examination made by such board, and all moneys so collected shall be paid over by the board monthly to the chamberlain or treasurer of such city in which such board shall be appointed.
$ 45. A person desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in a city of this state as employing or master plumber, shall be required to submit to an examination before such examining board of plumbers as to his experience and qualifications for such trade, business or calling, and it shall not be lawful in any city of this state for a person to conduct such trade, business or calling, unless he shall have first obtained a certificate of competency from such board of the city in which he conducts or proposes to conduct such business.
$ 46. Every employing or master plumber carrying on his trade, business or calling in any city of this state shall register his name and address at the office of the board of health of the city in which he shall conduct such business, under such rules as the respective boards of health of each of the cities shall prescribe, and thereupon he shall be entitled to receive a certificate of such registration, provided, however, that such employing or master plumber shall at the time of applying for such registration hold a certificate of competency from an examining board of plumbers.
$ 47. Such registration may be canceled by such board of health for a violation of the rules and regulations for the plumbing and drainage of such city duly adopted and enforced therein, after a bearing had before such board of health and upon a prior notice of not less than ten days stating the ground of complaint and served on the person charged with the violation, but such revocation shall not be operative unless concurred in by the local board of examiners. It shall not be lawful for any person to engage in or carry on the trade, business or calling of an employing or master plumber in any of the cities of this state, unless his name and address shall have been registered in the city in which he carries on or conducts such business.
$ 50. All certificates of registration issued under the provisions of the preceding sections * * * shall expire on the thirty-first day of December of the year in which they shall be issued, and may be renewed within thirty days preceding such expiration. Such renewals to be for one year from the first day of January in each year.
$ 54. Each of such examining boards of plumbers shall have power to procure suitable quarters for the transaction of business, to provide the necessary books and stationery and to employ a clerk to keep such books and record the transactions of such board. The board of estimate and apportionment or the common council of a city as the case may be shall annually insert in their tax levy a sufficient sum to meet all the expenditures incurred under the provisions of this article. The expenses incurred by the several examining boards of plumbers in the execution and performance of the duties imposed by this article shall be a charge on the respective cities and shall be audited, levied, collected and paid in the same manner as other city charges are audited, levied, collected and paid.
$55. Any person violating any of the provisions of this article, or any rules or regulations of the board of health or of the examining board of plumbers in any city regulating the plumbing and drainage of buildings in such city, shall be guilty of a misdemeanor, and on conviction if a master plumber, shall in addition, forfeit any certificate of competency or registration, which he may hold under the provisions thereof.
$ 57. Nothing in this article shall affect or supersede any provision of chapter eight hundred and three of the laws of eighteen hundred and ninety-six, relating to plumbing in the city of New York.
Became a law, April 6, 1900, with the approval of the governor. Passed, threefifths being present.
CHAPTER 378.—Conrict labor-State reformatory. SECTION 1. The State reformatory at Elmira is continued and shall be known as the Elmira reformatory.
$ 18. * * * The prisoners therein may be employed in agricultural or mechanical labor as a means of securing their support and reformation.
Became a law, April 11, 1900, with the approval of the governor. Passed, threefifths being present.
CHAPTER 533.-Seats for female employees. SECTION 1. Section seventeen of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor, constituting chapter thirty-two of the general laws,”' is hereby amended to read as follows:
§ 17. 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 health.
SEC. 2. This act shall take effect immediately.
Became a law, April 19, 1900, with the approval of the governor. Passed, threefifths being present. CHAPTER 549.-- Railroads— Use of “coal jimmies” prohibited- Air brakes to be furnished.
SECTION 1. Section two of chapter five hundred and forty-three of the laws of eighteen hundred and ninety-three, entitled "An act to promote the safety of railway employees by compelling the equipment of freight cars with continuous power or air brakes, and locomotives with driving wheel brakes," as amended by chapter four hundred and eighty-six of the laws of eighteen hundred and ninety-six, is hereby amended to read as follows:
$ 2. That on and after the first day of January, eighteen hundred and ninetyeight, the use of cars known and designated as coal jimmies” in any form 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, under a penalty of one hundred dollars for each offense, said penalty to be