Pa., Mass., Conn., Wis., Vt. 4320; Mo. 1897, p. 143; Wyo., Nebr.) or employee (Mich.) or parent or guardian of the child (R. I., Conn.) violating it or permitting its violation (Ill., Mich., Minn., Cal., Md., Pa., Wyo.), or the officers, agents, etc., of an employer corporation (Ill., Me., N. H., Mass., Wis., Nebr.), are subject to a fine for each offense ($20 to $50 in Ohio and Nebraska; $10 to $100 in New York, Illinois, Minnesota, Louisiana, and Missouri; $5 to $100 in Michigan; $50 to $200 in California; $25 to $50, Maine and Massachusetts ib. 68; $50, New Hampshire, Vermont; $100, New Jersey; $20, Rhode Island, Connecticut, 1745; $5 to $20, Virginia; $500, Pennsylvania; $20 to $100 for first offense, $50 to $200 or imprisonment 30 days for second offense, $250 fine as a minimum and sixty days' imprisonment for third offense, N. Y. 1897, 416, § 384-1; $5 to $50, Wisconsin; $50 to $200, Wyoming; or imprisonment 10 to 30 days in Ohio and Louisiana; 10 to 90 days, Michigan; 3 months, Wyoming; 2 to 10 months in Missouri or is declared guilty of a misdemeanor (Md. 27, 140; S. Dak. Pen. C. 6931). But "extreme poverty" is declared "a defense to this proceed

ing" (Mo.).

The factory inspectors, school committee, or commissioners of labor are generally charged with the enforcement of the act (Me. ib., § 7; Mich. ib., § 16; Cal. ib., § 5; N. J. ib., § 3; Pa. ib., § 14); and have in some States the powers of truant officers (Ohio) and fines inure to the school fund of the district (Ohio, Me.) or one-half to complainant and one-half to the county (N. H.); in other States it is left to the police. The presence of such child in the factory is made prima facie evidence of his employment therein (Ill. 1897, p. 90, § 5).

249A- -4

Under 15, 10 hrs.,

Boys under 12.

SEC. 9.-OTHER LAWS REGULATING OR PROHIBITING THE EMPLOYMENT OF WOMEN AND CHILDREN.

Women.-As a general rule, women of full age may be employed in all avocations that are open to men and are not protected or restricted by any special legislation. A woman is generally a citizen for all purposes except voting, serving in the militia or upon roads, and serving upon juries, though in some States she has special privileges, as that she may not be arrested or imprisoned for debt, etc.; but some States have statutes expressly stating this. Thus, in Illinois, California (by the constitution), and Washington "No person shall be precluded or debarred from any occupation, profession, or employment (except military) on account of sex.1 "Provided (in Illinois and Washington) that this act shall not be construed to affect the eligibility of any person to an elective office." And in Illinois, "Nothing in this act shall be construed as requiring any female to work on streets or roads, or serve on juries.'

992

But the employment of women in mines is in some States forbidden (see sec. 5), and States are beginning to pass statutes forbidding their employment in houses, theaters, or places of amusement where liquor is sold at retail (Md. 1898, 123, 900; Wash. 1895, 90; La. 1894, 43). Such laws have sometimes been held unconstitutional; but the better opinion is that they are allowable under the police power.

There is an almost universal statute that female employees shall be furnished with seats in (1) manufacturing, mechanical, or mercantile establishments, or stores (N. H. 1895, 16; Mass. 1894, 508, 30; R. I. 68, 8; Conn. 3604; N. Y. G. L. 32, 17, and 170; N. J. Sup., p. 360, 1898, 192; Pa. 1897, 26, 4; Ohio 8767, 1898, p. 35; Ind. 2246; Mich. 1893, 91; Iowa 1892, 47; Minn. R. S. 2244; Nebr. 1899, 107; Del. 127, 1; Mo. 3500, 1891, p. 179; Cal. 1889, 5; Colo. 3604–3605; Wash. Pen. C. 219; Md. 1898, 123, 505; 1896, 147; Del. 127, 1; 1897, 452; Va. 1898, 53; S. C. 1899, 71; Ga. 1889, p. 167; Ala. 1889, 92, in stores only; D. C. U. S. 1895, 192; La. 1886, 43, 5; Utah 1897, 11;) (2) offices (Ind., Minn., Nebr. 6941, Wash., Md. ib.); (3) schools (Nebr., Wash., Md. ib.); (4) hotels or restaurants (Minn., Mich., Nebr., Utah); "in any business" (Ind., Minn., Va., Utah); also separate toilet rooms (Mass. ib. 33; R. I., Conn. 2267; N. Y. ib. 88 and 168; N. J. Sup., p. 773, 22; Pa. ib. 8; Ohio, ib.; Ind. 1897, 65, 9; Del. 1897, 452; Mich. 1897, 92, 10; Tenn. 1897, 98); screened stairways, and see Chap. IV, § 1 (N. J. ib., 21; Mich. 1895, 184, 7). In New York women and children are not allowed to work in basements of mercantile establishments, except under permit from the board of health (N. Y. ib. 171). The law prohibiting labor of children, etc., in mines, in some States forbids their employment in all "underground work," whatever that may mean (see above).

1

In New York no woman or minor under 18 can be employed in a

1 Ill. 48, 3; Cal. Con. 20, 18; Wash. 2961.

2 Ill. 48, 2.

3 In Delaware (1897, 452, 4):

It shall be unlawful for any employer of female labor, or any overseer, superintendent, foreman or boss of any such employer of female labor to use toward female employees any abusive, indecent or profane language, or to in any manner abuse, misuse, unnecessarily expose to hardship, or maltreat any such female employee. Any person violating any provision of section 4 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten and not exceeding one hundred dollars for each offense.