ber employed in the same factory must be allowed their meal time at the same hour, with various still more specific provisions (Mass. 1894, 508, 26-27).

Labor of children absolutely forbidden.-But besides this, there is another line of statutes absolutely forbidding the labor of children in factories under a certain age (the constitution of Kentucky (§ 243) requires such laws), and also limiting their employment below a somewhat higher age, with a view to their education in the public schools by restricting it unless they have certain educational qualifications, or by requiring licenses from the truant officers, factory inspectors, board of health, or other persons before they can be employed in factories at all. Thus, Massachusetts (1898, 494, § 1), Connecticut (1753), New York (G. L. 32, § 70), Indiana (1899, 142), Illinois (1897, p. 90, § 1), Michigan (1897, 92), Missouri (1897, p. 143), Minnesota (1897, 360), and Colorado (Ann. Stats. 413) absolutely prohibit the employment of children in factories below the age of 14; New Jersey (Sup., p. 407, § 9) and Louisiana (1886, 43) below the age of 14 for girls or 12 for boys; Pennsylvania (1897, 26, 2) and Ohio (1898, p. 123) below the age of 13; Maine (1887, 139, 5), Rhode Island (68, 1; in factories, etc., employing five or more women and children), Wisconsin (1728) (in factories, etc., employing three or more), Maryland (local law, 100, 4), West Virginia (p. 998), North Dakota (Const., 209), and Tennessee (1893, 159) below the age of 12, while New Hampshire (93, 10), Vermont (4320), Nebraska (1899, 108), and California (1889, 7, 2), put the age as low as 10. In Nebraska (§ 6953) children under 12 can not be employed in factories more than four months in the year, and in Wisconsin (1728) children under 14 not more than seven months; but a later statute allows the employment of children over 12 in mines, factories, and places of the time for ending such work, mentioned in such notice, but they shall not be required to perform any labor in such factory, except as stated therein. The terms of such notice shall not be changed after the beginning of labor on the first day of the week without the consent of the factory inspector.

§ 78. Change of hours of labor of minors and women.-When, in order to make a shorter work day on the last day of the week, a minor under eighteen years of age, or a female is to be required or permitted to work in a factory more than ten hours in a day. the employer of such persons shall notify the factory inspector, in writing, of such intention, stating the number of hours of labor per day, which it is proposed to require or permit, and the time when it is proposed to cease such requirement or permission; a similar notification shall be made when such requirement or permission has actually ceased. A record of the names of the employees thus required or permitted to work overtime, with the amount of such overtime and the days upon which such work was performed, shall be kept in the office of such factory, and produced upon the demand of the factory inspector.

In Indiana (1899, 142, 1):

And every person, firm, corporation or company employing any person under sixteen years of age or any female under eighteen years of age in any establishment as aforesaid shall post and keep posted in a conspicuous place in every room where such help is employed a printed notice stating the number of hours of labor per day required of such person for each day of the week, and the number of hours of labor exacted or permitted to be performed by such person shall not exceed the number of hours of labor so posted as being required. The time of beginning and ending the day's labor shall be the time stated in such notice: Provided, That such female under eighteen and persons under sixteen years of age may begin after the time set for beginning and stop before the time set in such notice for the stopping of the day's labor, but they shall not be permitted or required to perform any labor before the time stated on the notices as the time for beginning the day's labor, nor after the time stated upon the notices as the hour for ending the day's labor.

amusement upon license of the county judge (Wis., 1891, 109).* This accounts for a few more States, so that we can now say that there is absolutely no limitation for persons of any age or sex only in Iowa,

For the laws in full for Massachusetts, Wisconsin, Pennsylvania, the Dakotas, Oklahoma, California, see note 1 above; for Illinois, Michigan, Minnesota, Ohio, Vermont, see note 2 above.

The Connecticut law (§ 1753, as amended by chapter 118, acts of 1895—

No child under fourteen years of age shall be employed in any mechanical, mercantile, or manufacturing establishment

is followed in New York, as to "factories" (see definition) only.

In Indiana (1899, 142, § 2) the law reads:

No child under fourteen years of age shall be employed in any manufacturing or mercantile [etc.] establishment within this State. It shall be the duty of every person employing children to keep a register, in which shall be recorded the name, birthplace, age, and place of residence of every person employed by him under the age of sixteen years; and it shall be unlawful for any proprietor, agent, foreman, or other person in or connected with [such] establishment to hire or employ any child under the age of sixteen years to work therein without there is first provided and placed on file in the office an affidavit made by the parent or guardian, stating the age, date and place of birth of said child; if said child have no parent or guardian, then such affidavit shall be made by the child, which affidavit shall be kept on file by the employer, and said register and affidavit shail be produced for inspection on demand made by the inspector, appointed under this act. There shall be posted conspicuously in every room where children under sixteen years of age are employed, a list of their names, with their ages, respectively. (No child under the age of sixteen years shall be employed in any manufacturing establishment who can not read and write simple sentences in the English language, except during the vacation of the public schools in the city or town where such minor lives. The factory inspector shall have the power to demand a certificate of physical fitness from some regular physician in the case of children who may seem physically unable to perform the labor at which they may be employed, and shall have the power to prohibit the employment of any minor that can not obtain such a certificate.)

In Missouri (1897, p. 143):

SECTION 1. No child under the age of fourteen years shall be employed in any manufacturing or mechanical establishment in this State wherein steam, water, or any other mechanical power is used in the manufacturing process carried on therein, or where the work to be done by such child would, in the opinion of two reputable physicians in the locality where such work is to be done, be dangerous to the health of such child.

SEC. 2. Any person, firm or corporation, or its agents, who employs, and any parent or person in charge of such child who permits the employment of such child in violation of this act, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined not less than ten nor more than one hundred dollars, or imprisonment in the county jail for a period of not less than two days nor more than ten days, or both fined and imprisoned, for each offense: Provided, That extreme poverty of the parent, or person in charge of such child, shall be a good defense to such proceeding.

In Wisconsin (see also in note 1, above):

SEC. 1728a. No child under thirteen years of age shall be employed or allowed to work by any person, company, firm, or corporation at labor or service in any shop, factory, mine, store, place of manufacture, business or amusement except as hereinafter provided.

The judge of the county court in the county where the child resides and is to be employed or to work, may, by order of record, grant a permit to any child over ten years to be exempt and in such county from the operation of this act as to such employment, and to such extent, and for such time and on such terms as may be named in such permit, on its being shown to his satisfaction that such child can read and write the English language and that it is fit and proper considering the lack of means of support of the family of which such child is a member, that such permit should be granted, and such permit may be rescinded by any such judge on written notice to such child, or to any person having control of or employing such child. Such permit must state the age, place of residence and the amount of school attendance prior to the granting of such permit. A record of such permits must be kept in

Kansas, Oregon, Nevada, Washington, Idaho, Montana, Wyoming, Utah, Kentucky, Arkansas, Texas, North Carolina, Alabama, Florida,

such court. * * * No charge or fee shall be required in any matter under this section. No child shall be so employed or work who does not present such permit, and every person before employing or permitting such child to so labor, or be at service, shall require and retain such permit, and shall keep the same together with a correct list of all children so employed, posted in a conspicuous manner in the place of employment, and shall show such list on demand, to any school officer or teacher or police officer.

* * *

Any person, company or corporation who employs or permits to be employed or to work any child in violation of this act, and any person having the control of any such child who permits such employment or work, shall for every offense forfeit a sum of not less than ten dollars nor more than fifty dollars and every day of such illegal employment shall constitute a distinct offense. Any person having control of or in his employ a child who, with intent to evade the provisions of this act, shall make a false statement concerning the age of such child or the time such child has attended school or shall instruct such child to make any false statement shall, for such offense forfeit the sum of not less than ten dollars, nor more than fifty dollars, for the use of the public schools of such city, town, or district.

But by a later law (1891, 109):

SECTION 1. No child under fourteen years of age shall be employed at labor or service in any mine, factory, workshop or place of public entertainment or amusement, in this State, except upon permit as hereinafter provided; but nothing herein shall interfere with or prohibit the employment of such child in the service of its parent outside of school hours.

SEC. 2. The county judge of the county wherein any child resides may, by order of record, grant a permit and deliver a copy thereof under seal, to any child over twelve years of age exempting such child from the operation of this act as to employment. Every such permit shall specify the conditions and the time during which such child may be employed, fixing such limitations as to said judge shall seem proper; and in determining whether such permit shall be granted, the said county judge shall consider the moral and physical condition of the child, his state of education, the necessities of the family to which such child belongs, and such other circumstances as in the discretion of the judge ought to affect the question of exemption. No charge or fee shall be required in any matter under this section: Provided, That where such child resides at a distance of more than ten miles from the county seat, the power to grant permits herein conferred upon the county judge may, under the same limitations and with the same conditions be exercised by the mayor of the city or the president of the incorporated village in which or nearest to which said child or its parent resides.

SEC. 3. Any person, company, firm or corporation that employs or permits to be employed at work any child in violation of the foregoing provisions of this act, and any parent or other person having the control of any such child who permits such employment, shall, on conviction, be punished by a fine of not less than ten nor more than fifty dollars. Nothing herein shall be construed to interfere with the district attorney of any county presenting violations of this act.

SEC. 4. It shall be the duty of the commissioner of the bureau of labor, census, and industrial statistics, the factory inspector and the deputy or deputies of said bureau to enforce the provisions of this act and to prosecute all violations thereof before any magistrate or any court of competent jurisdiction.

In Colorado (Ann. Stats.):

SEC. 413. Any person who shall take, receive, hire or employ, any children under fourteen years of age in any underground works, or mine, or in any smelter, mill or factory, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or court of record, shall be fined not less than ten dollars nor more than fifty dollars for each offense. Provided, That a jury on the trial of any such case before a justice of the peace, shall be called and empaneled as in the case of assault and battery, and that the jury in such cases shall designate the amount of the fine in their verdict.

SEC. 414. Whenever any person shall before a justice of the peace make oath, or affirm that the affiant believes that this act has been, or is being violated, naming the person charged with such violation, such justice shall forthwith issue a warrant

Mississippi, New Mexico, Arizona, Oklahoma, South Dakota, and the District of Columbia.

to a constable, or other authorized officer, and such officer shall arrest the person or persons so charged, and bring him or them before the justice issuing such warrant, for a hearing. And it shall be the duty of all constables and policemen to aid in the enforcement of this act.

SEC. 415. In the default of the payment of the fine or penalty imposed under any of the provisions of this act, it shall be lawful for any justice of the peace, or court of record before whom any person may be convicted of a violation of any of the provisions of this act, to commit such person to the county jail, there to remain for not ess than twenty days nor more than ninety days.

In New Jersey (Sup., p. 407, §9):

* * * No boy under the age of twelve years, nor any girl under fourteen years of age, shall be employed in any factory, workshop, mine or establishment where the manufacture of any goods whatever is carried on.

In Louisiana (1886, 43, § 1):

No boy under the age of twelve years, and no girl under the age of fourteen years, shall be employed in any factory, warehouse or workshop where the manufacture of any goods whatever is carried on, or where any goods are prepared for manufacturing. In Pennsylvania (1897, 26, § 2, as amended by act No. 123, acts of 1897):

No child under thirteen years of age shall be employed in any factory, manufacturing, or mercantile industry, laundry, workshop, renovating works or printing office within this State. It shall be the duty of every person so employing children to keep a register in which shall be recorded the name, birthplace, age and place of residence, name of parent or guardian, and date when employment ceases, of every person so employed by him under the age of sixteen years. And it shall be unlawful for any factory, manufacturing or mercantile industry, laundry, workshop, renovating works or printing office, to hire or employ any child under the age of sixteen years, without there is first provided and placed on file an affidavit made by the parent or guardian, stating the age, date, and place of birth of said child. If said child have no parent or guardian, then such affidavit shall be made by the child, which affidavit shall be kept on file by the employer and shall be returned to the child when employment ceases, and in no case shall there be a charge to exceed twenty-five cents for administering the oath for the issuing of the above certificate. And after the first day of January, one thousand eight hundred and ninety-eight, it shall be unlawful for any manufacturing establishment, mercantile industry, laundry, renovating works, printing office, mechanical or other industrial establishment to employ any minor under the age of sixteen years who can not read and write in the English language, unless he presents a certificate of having attended during the preceding year, an evening or day school for a period of sixteen weeks. Said certificate shall be signed by the teacher or teachers of the school or schools which said minor attended, and said register, affidavit and certificates shall be produced for inspection on demand by the inspector or any of the deputies appointed under this act.

In Maine (1887, 139, §5):

No child under twelve years of age, shall be employed in any manufacturing or mechanical establishment in this State. Whoever, either for himself, or as superintendent, overseer or agent of another, employs or has in his employment any child in violation of the provisions of this section, and every parent or guardian who permits any child to be so employed, shall be punished by a fine of not less than twentyfive nor more than fifty dollars for each offense.

In Rhode Island (68, § 1):

No child under twelve years of age shall be employed in any factory, manufacturing or mercantile establishment, within this State. It shall be the duty of every person, firm or corporation employing children, to keep a register in which shall be recorded the name, birthplace, age and place of residence of every person employed under the age of sixteen years; and said register shall be produced for inspection on demand by either of the inspectors appointed under this chapter.

In Maryland (Local, 100, § 4, added by chapter 317, acts of 1894):

No proprietor or owner of any mill or factory in this State, other than establishments for manufacturing canned goods, or manager, agent, foreman or other person in charge thereof, shall, after the first day of October, in the year eighteen hundred and ninetyfour, employ or retain in employment in any such mill or factory, any person or per

§ 6. DANGEROUS MACHINERY IN FACTORIES, etc., (see below).-In several States the employment of children under a prescribed age is spe

sons under twelve years of age; and if any such proprietor or owners of any such mill or factory, or manager, agent, foreman or other person in charge thereof, shall willfully violate the provisions of this section, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than one hundred dollars for each and every offence so committed, and pay the costs of prosecution, one-half of the fine to go to the informer and the other half to the school fund of the county or city in which the offense shall have been committed; Provided, That nothing in this act shall apply to Frederick, Washington, Queen Anne's. Carroll, Wicomico, Caroline, Kent, Somerset, Cecil, Calvert, St. Mary's, Prince George's, Howard, Baltimore, Worcester and Harford counties.

By the constitution of North Dakota (§ 209):

The labor of children under twelve years of age shall be prohibited in mines, factories and workshops in this State.

West Virginia (p. 998):

SEC. 1. That no minor under twelve years of age shall be employed in any mine or in any factory, workshop, manufactory or establishment where goods or wares are manufactured; and in all cases of minors applying for work, it shall be the duty of the manager, superintendent, foreman or operator to see that the provisions of this section are complied with.

SEC. 2. Any manager, superintendent, foreman, or operator of such mine, factory, workshop, manufactory, or establishment, and parents or guardians, allowing a child under twelve years of age to work in violation of section first of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than twenty dollars for each and every such offense.

Tennessee (1893, 159):

SEC. 1. It shall be unlawful for any proprietor, foreman, owner, or other person to employ any child less than twelve (12) years of age in any workshop, mill, factory, or mine in this State.

SEC. 2. If any proprietor, foreman, or owner should not be informed as to the age of the child, he or they can request the parent or guardian to furnish a sworn statement, which shall be sufficient proof of the age of the child.

SEC. 3. Any proprietor, foreman, or owner employing a child less than twelve (12) years of age, or any guardian or parent giving such sworn statement for a child less than twelve (12) years of age, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty (50) dollars nor more than five hundred (500) dollars.

New Hampshire (93, Sec. 10):

No child under the age of ten years shall be employed in any manufacturing establishment.

Nebraska (6953–6955):

SEC. 6953. No male or female child under the age of twelve years shall be employed in any railroad shops, factories, shops, or mines to exceed four months in any one year.

SEC. 6954. If any person or persons, or body corporate, shall hereafter employ, or if any parent or guardian shall consent to the employment of any male or female child under the age of twelve, as aforesaid, contrary to the provisions of the preceding section, and proof be made thereof before any police judge or justice of the peace of the city, town, or district where such offense is committed, he, she, or they so employing such child, or consenting thereto, as aforesaid, shall, upon conviction, for every such offense, pay a fine of not less than ten nor more than fifty ($50) dollars, said fine to be applied to the use of the public schools of the proper city, town, or district: Provided, That no conviction shall be had under this act unless proceedings thereunder shall be commenced within one month after the offense shall have been committed.

SEC. 6955. All city, town, and district police and constables are hereby authorized and required, and it is hereby made their duty to attend to the strict observance of the two preceding sections of this act when complaint shall have been properly made to them of a violation of the same.

And (1899, 108) any male or female child under the age of ten years shall not be employed in any manufacturing, mechanical, industrial, or mercantile establishment.