child or young person shall be deemed guilty of an offense for each violation thereof and upon conviction for the same shall be punished by a fine of not less than $10 nor more than $25 or by imprisonment in the parish jail (parish prison in New Orleans) for not less than 10 days nor more than 30 days, or both, in the discretion of the Court. Inspector May Require Child to Secure Certificate of Age

Sec. 8. Be it further enacted, etc., That any child working in or in connection with any of the aforesaid establishments or in the distribution or transmission of merchandise or messages who appears to the inspector to be under the legal age is required to procure from the city or parish physician a certificate as to the physical fitness of said child to perform the work or service he or she is required to do. Presence of Child Prima Facie Evidence of Employment

Sec. 9. Be it further enacted, etc., That the presence of any child under 14 years of age in any of the establishments enumerated in Section 1, except during the dinner hour, shall constitute prima facie evidence of his or her employment therein.

Attempting to Deceive Inspector; Penalty

See. 10. Be it further enacted, etc., That any owner, manager, supervisor or employee in any of the aforesaid occupations who shall hide or assist to escape or give warning of the approach of the inspector to any child or young person or woman in said establishment shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $5 nor more than $15 or by imprisonment in the parish jail (parish prison in New Orleans) for not less than 10 days nor more than 30 days, or both, in the discretion of the Court.

Sec. 11. Be it further enacted, etc., That any person, owner, agent, firm, manager, co-partnership or company in charge of any establishment at the time of inspection shall be required to furnish the inspector a true statement of the number of persons employed in such establishment and any person, owner, agent, superintendent, firm, manager, company or co-partnership who shall fail or refuse to furnish such statement or wilfully understate the number of persons employed shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $100 for each offense or imprisonment for not less than ten nor more than thirty days in the parish jail (parish prison in New Orleans) or both in the discretion of the Court. Factories Must Notify Inspector

Sec. 12. Be it further enacted, etc., That within one month after the occupancy of any factory, workshop or mill or store or other aforesaid occupation or establishment where children, young persons or women are employed the occupant shall notify the inspector in writing of such occupancy. Failure to do this shall constitute a misdemeanor and shall be punishable by a fine of not less than $10 nor more than $25 or by imprisonment in the parish jail (parish prison in New Orleans) for not less than ten days nor more than thirty days, or both, in the discretion of the Court.

Seats to be Provided for Female Employees

Sec. 13. Be it further enacted, etc., That every person who shall employ any female in any factory, mill, warehouse, manufacturing establishment, workshop or store or any other occupation or establishment hereinabove mentioned shall provide suitable seats, chair or benches for the use of the females so employed, which shall be so placed as to be accessible to said employees and shall permit the use of such seats, chairs or benches by them when they are not necessarily engaged in the active duties for which they are employed, and there shall be provided at least one chair to every three females. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the parish jail (parish prison in New Orleans) for not less than ten nor more than thirty days, or both, in the discretion of the Court.

Dressing Room and Conveniences to be Provided; Penalty

Sec. 14. Be it further enacted, etc., That every factory, mill, manufacturing establishment, workshop, warehouse, mercantile establishment or store and all other occupations and establishments hereinabove mentioned in which five or more young persons or women are employed and every such institution in which two or more children, young persons or women are employed shall be supplied with proper wash and dressing rooms and kept in a cleanly state and free from effluvia arising from any drain, privy or other nuisance and shall be provided, within reasonable access, with a sufficient number of proper water closets or privies for the reasonable use of the persons employed and at least one of such closets shall be provided for each twenty-five employees employed and wherever two or more persons and one or more female persons are employed as aforesaid a sufficient number of separate and distinct water closets, earth closets or privies shall be provided for the use of each sex and plainly so designated, and no persons shall be allowed to use any such closets or privies assigned to persons of the other sex, and said closets and privies shall not be locked during working hours. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the parish jail (parish prison in New Orleans) for not less than ten days nor more than thirty days, or both, in the discretion of the Court. Stairways, Etc.

Sec. 15. Be it further enacted, etc., That stairways with substantial hand-rails shall be provided in factories, mills and manufacturing establishments for the better safety of persons employed in said establishments. The doors of such establishments shall swing outwardly or slide, as ordered by the Factory Inspector and it shall be neither locked, bolted or fastened during working hours. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the parish jail (parish prison

in New Orleans) for not less than ten days nor more than thirty days, or both, in the discretion of the Court.

Painting of Buildings, Etc.

Sec. 16. Be it further enacted, etc., That every factory, mill or workshop in this State where women and children are employed shall be limewashed or painted when deemed necessary and ordered by the health authorities. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the parish jail (parish prison in New Orleans) for not less than ten days nor more than thirty days, or both, in the discretion of the Court.

Dangerous Employment Prohibited

Sec. 17. Be it further enacted, etc., That no minor or woman shall be required to clean any part of the mill, gearing or machinery in any such establishment in this State while the same is in motion. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the parish jail (parish prison in New Orleans) for not less than ten days nor more than thirty days or both, in the discretion of the Court.

Closed Hatches; Penalty

Sec. 18. Be it further enacted, etc., That the opening of all hatchways, elevators, and well-holes upon every floor of every manufacturing, mechanical or mercantile establishment or public building where women or children are employed in this State shall be protected by good and sufficient trap doors or self-closing hatches or safety catches or good strong guard rails at least three feet high. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the parish jail (parish prison in New Orleans), for not. less than ten days nor more than thirty days. or both, in the discretion of the Court.

Fan for Disposing of Dust and Lint; Smoke Consumers; Penalty

Sec. 19. Be it further enacted, etc., That in all establishments in this State where children, young persons or women are employed where any process is carried on by which dust, or smoke or lint is generated the inspector shall have the power and authority to order that a fan, or fans, or some other dust or smoke or lint removing or consuming contrivance or contrivances be so placed as to prevent the inhalation of such dust or smoke or lint by the employees; provided, that two mechanical engineers, one chosen by the inspector and the other by the owner or owners of the establishment, shall agree as to the necessity of such fan or fans or other dust or smoke or lint removing or consuming contrivance or contrivances. Upon the failure of said two mechanical engineers to agree, a third mechanical engineer shall be chosen to arbitrate. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the

parish jail (parish prison in New Orleans), for not less than ten days nor more than six months or both, in the discretion of the Court.

Accidents to be Reported; Penalty

Sec. 20. Be it further enacted, etc., That all accidents in manufacturing, mechanical or other establishments or places within this State where children, young persons or women are employed which prevent the injured person or persons from returning to work within two weeks after the injury or which result in death shall be reported semi-annually by the person in charge of such establishment or place to the inspector. Failure to do this shall be deemed a violation of this section and punishable by a fine of not less than $5 nor more than $10 or imprisonment in the parish jail (parish prison in New Orleans), for not less than tewnty-four hours nor more than ten days, or both, in the discretion of the Court.

City to Provide Office Room for Inspector

Sec. 21. Be it further enacted, etc., That it shall be the duty of the city or town or parish employing an inspector or inspectors to provide a suitable office for same and pay for all necessary expenses incurred in the discharge of the duties of said office.

Annual Report

Sec. 22. Be it further enacted, etc., That there shall be an annual report of inspections made and all work and expenses in connection with said office forwarded to the Commissioner of Labor and incorporated towns and cities to the mayor and council of the cities and towns employing said inspector or inspectors.

Factory Inspector, New Orleans; Salary

Sec. 23. (As amended by Act 61, 1912, p. 72.) Be it further enacted, etc., That the mayor of the City of New Orleans, with the consent of the council, shall appoint a factory inspector, who may be either male or female, to see that the regulations of this Act are observed and also to prosecute all persons who shall violate the same. Such inspector shall be paid a salary of not more than twelve hundred dollars per annum.

Fines to go to School Fund

Sec. 24. Be it further enacted, etc., That all fines collected through this Act shall be paid over to the school fund in the parish where the fines are collected.

Repealing Clause

Sec. 25. Be it further enacted, etc., That all acts or parts of acts in conflict with this Act be and the same are hereby repealed. When in Effect

Sec. 26. Be it further enacted, etc., That this Act shall take effect and be in force from and after its promulgation.

NOTE. The relator was charged with violation of the Act, after conviction on previous like charges from which he had appealed. Held that prohibition would not lie to consider the subsequent charges and a stay of proceedings until the pend

ing appeal is disposed of. State vs. Rose, 124 L. 526. A charge that the defendant permitted certain children under fourteen to perform on the stage of a theatre, charges no offense recognizable in the juvenile court, when it fails to charge that they are neglected or delinquent. State vs. Rose, 125 L. 1080.

The accused was found guilty of employing a child under fourteen to appear on the stage as a performer. Held that the words "where intoxicating liquors are made and sold" do not qualify the words "theatre" and the word "work" comprehends acting on the stage. The Act is not unconstitutional. State VS. Rose, 125 L. 462.

It is negligence to employ a minor without requiring the certificate from the Factory Inspector. Dalberni vs. New Orleans Canning Co., 139 L. 49; Alexander vs. Standard Oil Co., 140 L. 54, but the Act does not make the employer the insurer of the minor against accidents caused by his own negligence. Alexander vs. Standard Oil Co., 140 L. 54. Contributory negligence may be pleaded and proved by the defendant. Flores vs. Steeg Pub. Co., 142 L. 1068.

EMPLOYMENT OF CHILDREN FOR EXHIBITION, ETC,

TITLE

Act 184 of 1912, p. 329

AN ACT declaring the employment, use or exhibition of children under sixteen years of age, and the training for purposes of exhibition, use and employment, and having in custody, and procuring, of such children, as rope or wire walkers, gymnasts, wrestlers, contortionists, riders or acrobats, in singing or dancing, playing upon musical instruments, in theatrical exhibitions, or wandering occupations, in any illegal, immoral or indecent exhibition or practice, or in the exhibition of insane, idiotic, deformed or unnaturally formed or developed children, in any practice or place of exhibition dangerous to life, limbs, health or morals of children, shall be regarded as contributing to the neglect and delinquency of children, and declaring such acts to be misdemeanors, and providing penalty and punishment therefor by fine and imprisonment, or both; declaring that the provisions of this or any previous Act of the Legislature shall not apply to the employment of any child as a singer or musician in a church, school or academy, or in teaching or learning the science or practice of music, or in a theatrical exhibition, or as a musician in any concert, where a permit for such child has been obtained from a juvenile court, or district court acting as such, and providing how and under what circumstances permits may be granted to children; requiring the furnishing of a bond by employers for the care and tuition of such children while in their employment, and setting forth the stipulations and conditions of such permits and bonds, and providing for the forfeiture of such bonds; making such permits revocable at the pleasure of the authority granting same; and providing other details in connection with the subject matter; and repealing all laws or parts of laws contrary to or inconsistent or in conflict with this Act. Employment of Children, Age, Etc., Regulated

of

SECTION 1. Be it enacted by the General Assembly the State of Louisiana, A person who employs or causes to be employed, or who exhibits, uses, or has in custody, or trains for the purpose of