such award is made and accepted, a stipulation, namely: That no laborer, workman, or mechanic employed at any time by the said contractor or contractors, or by any subcontractor or subcontractors under him or under them, upon the work, or upon any part of the work contemplated by the said contract, shall be required or permitted to work thereupon more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property, or except to work upon public military or naval works or defenses in time of war; that the said contractor or contractors thereby agrees or agree to forfeit, out of any moneys becoming due to him or to them from the State, or from the political subdivision thereof, as the case may be, under the terms of the said contract, the sum of ten dollars for each laborer, workman, or mechanic, for each and every calendar day upon which he shall labor more than eight hours in violation of the terms of the said stipulation, and that the State, or the political subdivision thereof, as the case may be, is thereby authorized and directed to, through its proper representatives, withhold from the said contractor, or from the said contractors, as the property of the State, or of the political subdivision thereof, as the case may be, all sums forfeited as described under the terms of the said stipulation. It shall be the duty of the officer, board, commission, or other agent or agency of the said State, or of the said political subdivision thereof, as the case may be, acting for or on behalf of said State, or of said political subdivision, in making and awarding any contract such as is described in this section, to take cognizance of all violation of the herein provided for stipulation in said contract, and to report the same to the officer, or other person, representing the said State, or political subdivision thereof, whose duty it shall be to pay the moneys due under such contract, and it shall be the duty of such officer, or other person, when making payment of moneys thus due, to withhold and retain, in accordance with the provisions of this section, all sums which may have been forfeited under the provisions of the herein provided for stipulation. Nothing in this Act shall be construed to authorize the collection of a forfeiture as described herein from the State, or from any political subdivision thereof. Any contract such as is described in this section, made for or on behalf of the State of California, or for or on behalf of any political subdivision thereof, which does not contain the stipulation herein described, shall be null and void, and no recovery shall be had thereupon.

SEC. 3. Any officer of the State of California, or any political subdivision thereof, or any person acting for or on behalf thereof, who shall violate the provisions of this Act, shall be deemed guilty of a misdemeanor, and be subject to a fine or imprisonment, or both, at the discretion of the court, the fine not to exceed five hundred dollars, nor the imprisonment one year.

SEC. 4. All Acts and parts of Acts inconsistent with this Act, in so far as they are inconsistent, are hereby repealed.

SEC. 5. This Act shall take effect and be in force from and after its passage.

Proper Sanitary Condition of Factories, etc.

(Stats. of Cal. 1901, p. 571.)

SECTION 1. Section four (4) of "An Act to provide for the proper sanitary condition of factories and workshops, and the preservation of the health of the employés," approved February sixth, eighteen hundred and eighty-nine, is hereby amended so as to read as follows:

Section 4. In any factory, workshop, or other establishment where a work or process is carried on by which dust, filaments, or injurious gases are generated or produced, that are liable to be inhaled by persons employed therein, the person, firm, or corporation by whose authority the said work or process is carried on shall cause to be provided and used in said factory, workshop, or establishment an exhaust fan or blower, with pipes and hoods extending therefrom to each wheel or other apparatus used to grind, polish, or buff metals. The said fan or blower, and the said pipes and hoods, all to be properly fitted and adjusted, and of power and dimensions sufficient to effectually prevent the dust and filaments produced by the abovesaid metal-polishing, metal-grinding, or metal-buffing from escaping into the atmosphere of the room or rooms of said factory, workshop, or establishment where persons are employed.

SEC. 2. Section six (6) of the said Act is hereby amended so as to read as follows:

Section 6. Any person or corporation violating any of the provisions of this Act is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment, for each offense.

Exclusive Right of Native-Born and Naturalized Citizens to Employment on Public Works.

(Stats. of Cal. 1901, p. 589.)

SECTION 1. No person, except a native-born or naturalized citizen of the United States, shall be employed in any department of the State, county, city and county, or incorporated city or town government in this State.

SEC. 2. It shall be unlawful for any person, whether elected, appointed, or commissioned to fill any office in either the State, county, city and county, or incorporated city or town government of this State, or in any department thereof, to appoint or employ any person to perform any duties whatsoever, except such person be a native-born or naturalized citizen of the United States.

SEC. 3. No money shall be paid out of the State treasury, or out of the treasury of any county, or city and county, or incorporated city or town, to any person employed in any of the offices mentioned in section two of this Act, except such person shall be a native-born or naturalized citizen of the United States.

SEC. 4. This Act shall take effect immediately.

Regulating Employment, Hours of Labor, etc., of Children. (Stats. of Cal. 1901, p. 631.)

SECTION 1. No minor under the age of eighteen shall be employed in laboring in any manufacturing, mechanical, or mercantile establishment, or other place of labor, more than nine hours in one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and in no case shall the hours of labor exceed fifty-four hours in a week.

SEC. 2. No child under twelve years of age shall be employed in any factory, workshop, or mercantile establishment, and every minor under sixteen years of age when so employed shall be recorded by name in a book kept for the purpose, and a certificate (duly verified by his or her parent or guardian, or if the minor shall have no parent or guardian, then by such minor, stating age and place of birth of such minor) shall be kept on file by the employer, which book and which certificate shall be produced by him or his agent at the requirement of the Commissioner of the Bureau of Labor Statistics.

SEC. 3. Every person or corporation employing minors under sixteen years of age, in any manufacturing establishment, 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 per day for each day of the week required of such persons, and in every room where minors under sixteen years of age are employed, a list of their names, with their ages.

SEC. 4. Any person or corporation that knowingly violates or omits to comply with any of the foregoing provisions of this Act, or who knowingly employs, or suffers or permits any minor to be employed, in violation thereof, shall, on conviction, be punished by a fine of not less

than fifty nor more than two hundred dollars, or by imprisonment of not more than sixty days, or by both such fine and imprisonment, for each and every offense.

SEC. 5. This Act shall take effect sixty days after its passage.

As it is believed to be a matter of general interest to the wage-workers of this State, there is here inserted the current United States law limiting the hours of daily service of laborers and mechanics employed upon the public works of the United States, etc., which is self-explanatory and which is as follows, to wit:

An Act Relating to the Limitation of the Hours of Daily Service of Laborers and Mechanics Employed upon the Public Works of the United States and of the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the service and employment of all laborers and mechanics who are now or may hereafter be employed by the Government of the United States, by the District of Columbia, or by any contractor or subcontractor upon any of the public works of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the United States Government or of the District of Columbia or any such contractor or subcontractor, whose duty it shall be to employ, direct, or control the services of such laborers or mechanics, to require or permit any such laborer or mechanic to work more than eight hours in any calendar day, except in case of extraordinary emergency.

SEC. 2. That any officer or agent of the Government of the United States or of the District of Columbia, or any contractor or subcontractor, whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the United States or of the District of Columbia, who shall intentionally violate any provision of this Act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall upon conviction be punished by a fine not to exceed one thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof.

SEC. 3. The provisions of this Act shall not be so construed as to in any manner apply to or affect contractors or subcontractors, or to limit the hours of daily service of laborers or mechanics engaged upon the public works of the United States or of the District of Columbia for which contracts have been entered into prior to the passage of this Act. Approved, August 1, 1892 (27 Stats. at Large, p. 340).