CHAPTER NO. 28.

HOUSE BILL No. 264.

(By Messrs. Norvill, White, Macon, Chandler, Croce, Cameron and Cate.)

AN ACT to require semi-monthly payment of wages or compensation to employees in private employments where twenty or more persons are employed; and to provide for a forfeiture to the State of Tennessee for violations of this Act.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all wages or compensation of employes in private employments shall be due and payable as follows, that is to say, all such wages or compensation earned and unpaid prior to the first day of any month, shall be due and payable not later than the twentieth day of the month following the one in which such wages were earned; and all wages or compensation earned and unpaid prior to the sixteenth day of any month, shall be due and payable not later than the fifth day of the succeeding month.

The words "private employment" used in this Act shall mean and include all employments except those under the direct management, supervision and control of the State of Tennessee, any county, incorporated city or town, or other municipal corporation or political subdivision of the State of Tennessee, or any officer or department thereof.

But nothing contained herein shall be construed as prohibiting the payment of wages at more frequent periods than semi-monthly; provided that this Act shall apply only to private employments where twenty or more employes are employed.

SEC. 2. Be it further enacted, That every employer shall establish and maintain regular pay-days as herein provided, and shall post and maintain notices, printed or written in plain type or script, in at least two conspicuous places where said notices

can be seen by the employes as they go to and from the work, setting forth the regular pay-day as herein prescribed.

SEC. 3. Be it further enacted, That the payment of wages or compensation of employes in the employments defined herein, shall be made in lawful money of the United States or by a good and valid negotiable check or draft, payable on presentation thereof, at some bank or other established place of business without discount, exchange or cost of collection in lawful money of the United States, and not otherwise.

SEC. 4. Be it further enacted, That in case an employe in any such employment shall be absent from the usual place of employment at the time said payment shall be due and payable as herein above provided, he shall be paid the wages or compensation within a reasonable time after making a demand therefor.

SEC. 5. Be it further enacted, That every person, partnership or corporation wilfully failing or refusing to pay the wages of any employe at the time and in the manner provided in this statute shall forfeit to the State of Tennessee the sum of twenty-five ($25.00) dollars for each and every such failure or refusal, and suits for penalties accruing under this Act shall be brought in any Court having jurisdiction of the amount in the county in which the employee should have been paid, or where employed. Such suit shall be instituted at the direction of the Chief of the Department of Workshop and Factory Inspection by the District Attorney-General, or under his direcion, for the County or District in which suit is brought.

SEC. 6. Be it further enacted, That the Department of Workshop and Factory Inspection shall enforce the provisions of this Act.

SEC. 7. Be it further enacted, That this Act shall take effect from and after May 1st, 1917, the public welfare requiring it.

AN ACT to empower City or County Boards of Education to use the public school funds for the maintenance of night schools in which persons may be enrolled who are fifteen or more years of age.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter the Board of Education of every county or municipal corporation, shall have power to establish, provide for and maintain night schools in which persons who are fifteen or more years of age may be enrolled and taught.

SEC. 2. Be it further enacted, That said night schools when established, shall be a part of the free common school system of said county or city, and all funds that are now available, or which may hereafter become available, for the maintenance of said system, shall be available for the establishment and maintenance of said night schools at the discretion of said Board of Education.

SEC. 3. Be it further enacted, That this Act shall

take effect from and after its passage, the public'

welfare requiring it.

AN ACT to establish the office of State Dairy Commissioner and to define his duties; to provide for the appointment of deputies under said Commissioner and to define their duties; and to provide for the enforcement of this Act, and making appropriations therefor.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That for the purpose of this Act the word "person" shall be construed to mean a singular or plural as the case demands and shall include firms, corporations, companies, societies and associations. The words "Babcock test" shall be construed to mean the test for determining the percentage of butterfat in milk, cream or other dairy products as invented by Dr. S. M. Babcock, using sulphuric acid and a centrifugal machine, and now in general use in the purchase and sale of milk and cream. The word "butterfat" will be construed to mean the fat of milk or cream. The word "milktester" shall be construed to mean any person who operates the Babcock test for determining the percentage of butterfat in milk, cream or other dairy products where such test is to be used as a basis for payment.

Milk tester,

License.

SEC. 2. Be it further enacted, That every person receiving or buying milk or cream on the basis of its butterfat content, shall be or have in his employ a licensed milktester to manipulate the Babcock test, licensed. and no person not holding such license shall be allowed to manipulate the, Babcock test in any creamery, cheese factory, milk depot, milk plant, ice cream factory, cream station, milk condensory, or similar plant where milk or cream is, bought or received on a basis of its butterfat content, or both its weight and butterfat content. The license shall be issued by the State Dairy Commissioner to such milk tester only after he has satisfactorily passed an examination given by the State Dairy Commissioner, or his duly appointed deputy, and upon the payment Fee. of a license fee of two dollars ($2.00) to the State Dairy Commissioner, or his duly appointed deputy. This license shall be valid for one year, but may be revoked by the State Dairy Commissioner if the licensee fails to comply with the rules and regulations under which the license was granted. A second license shall not be issued to any tester from whom a license has been revoked. The provisions of this section shall not apply to individuals, hotels, restaurants and boarding houses buying milk or cream for private use.

ments of.

SEC. 3. Be it further enacted, That every person, or agent for any person, buying milk or cream on the basis of its weight or butterfat content as determined by the Babcock test, or on a basis of both its weight Tests, requireand butterfat content, shall use only standard scales, weights, measures, Babcock test bottles and pipettes, as specified in the rules and regulations of the State Dairy Commissioner as provided for in Section 8 of this Act and which have been inspected and duly approved by the State Dairy Commissioner, or his duly appointed deputy.

SEC. 4. Be it further enacted, That it shall be unlawful for any person buying and paying for milk or cream on the basis of the butterfat content, or any agent thereof, to manipulate the Babcock test in any way other than as prescribed in the rules and regu