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CHAPTER 38.- Employment of children-Certain employments forbidden. Acrobatic, SECTION 131. It shall be unlawful for any person having the care, mendicant, etc., occupations.

custody or control of any child under the age of fourteen years, to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out or otherwise dispose of any such child to any person in or for the vocation or occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, contortionist, rider or acrobat in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for, or in any business, exhibition or vocation injurious to the health, or dangerous

to the life or limb of such child, or cause, procure or encourage any Exception. such child to engage therein. Nothing in this section contained shall

apply to, or effect (affect] the employment or use of any such child as a singer' or musician in any church, school or academy, or in the

teaching or learning the science or practice of music. Unlawful to

Section 132. It shall also be unlawful for any person to take, employ.

receive, hire, employ, use, exhibit or have in custody any child under the age and for the purposes prohibited in section 42a [131] hereof.

CHAPTER 38.Intimidation of employers and employees.

com

Persons

SECTION 294. If any two or more persons shall combine for the purbining.

pose of depriving the owner or possessor of property of its lawful use and management, or of preventing, by threats, suggestions of danger, or any unlawful means, any person from being employed by or obtaining employment from any such owner or possessor of property, on such terms as the parties concerned may agree upon, such persons so offending shall be fined not exceeding $500, or confined in the county

jail not exceeding six months. Individuals making threats.

Sec. 295. If any person shall, by threat, intimidation or unlawful interference, seek to prevent any other person from working or from obtaining work at any lawful business, on any terms that he may

see fit, such person so offending shall be fined not exceeding $200. Entering prem- SEC. 296. Whoever enters a coal bank, mine, shaft, manufactory, ises to do injury, building or premises of another, with intent to commit any injury

thereto, or by means of threats, intimidation, or riotous or other unlawful doings, to cause any person employed therein to leave his employment, shall be fined not exceeding $500, or confined in the county jail not exceeding six months, or both.

CHAPTER 38.-Offenses of railroad employees, etc.

Negligently in- SECTION 335. Any engineer or person having charge of and running juring or fright

any railroad engine or locomotive, who shall willfully or unnecessarily ening horses, etc.

kill, wound or disfigure any horse, cow, mule, hog, or other useful animal, shall, upon conviction, be fined in a sum not less than the value of the property so killed, wounded or disfigured, and confined in the county jail for a period of not less than ten days; and any such engineer who shall wantonly or unnecessarily blow the engine whistle so as to frighten any team shall be liable to a fine of not less than $10

nor more than $50. Negligentlyin- Sec. 337. If any baggage master, express agent, stage driver, hackjuring baggage. man or any other person, whose duty it is to handle, remove or take

care of trunks, valises, boxes, packages or parcels, while loading, transporting, unloading, delivering or storing the same, whether or not in the employ of a railroad, steamboat or stage company, shall wantonly or recklessly injure or destroy the same, he shall be fined not exceeding $200.

CHAPTER 38.-Sunday labor. Sunday labor SECTION 428. Whoever disturbs the peace and good order of society forbidden. by labor (works of necessity and charity excepted),

* shall be fined not exceeding $25. This section shall not be construed to prevent watermen and railroad companies from landing their passen

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gers, or watermen from loading or unloading their cargoes, or ferrymen from carrying over the water travelers and persons moving their families, on the first day of the week, nor to prevent the due exercise of the rights of conscience by whomever thinks proper to keep any other day as a Sabbath.

SEC. 430. It shall be unlawful for any person or persons to keep Barbershops open any barber shop or carry on the business of shaving, hair cutting or tonsorial work on Sunday within this State.

SEC. 431. Any person by himself, agent or employee violating the Penalty. provisions of section 1 of this act shall, upon conviction thereof, be fined in any sum not exceeding two hundred (200) dollars for each and every offense.

CHAPTER 38.— Trespass on mines, factory premises, etc. SECTION 439. Whoever, without authority of law and not being the Trespass on owner or agent of adjoining lands, enters the coal bank, mine, shaft,

mines, etc. manufactory, or place where workmen are employed, of another, without the expressed or implied consent of the owner or manager thereof, after notice that such entry is forbidden, shall be fined not exceeding Penalty. $200, or confined in the county jail not exceeding six months, in the discretion of the court.

CHAPTER 46.— Time to vote to be allowed employees. SECTION 189. Any person entitled to vote at a general election in Two hours to this State shall, on the day of such election, be entitled to absent him- be allowed. self from any services or employment in which he is then engaged or employed for a peried of two hours between the time of opening and closing the polls; and such voter shall not because of so absenting himself be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or wages: Provided, Proviso. howerer, That application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which said employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privilege, or who shall, directly or indirectly, violate the provisions of this section, shall be deemed guilty of a misdemeanor and be fined in any sum not less than Penalty. five dollars ($5) nor more than one hundred dollars ($100).

CHAPTER 48.- Hours of labor. SECTION 1. * eight hours of labor between the rising and Eight hours a the setting of the sun, in all mechanical trades, arts and employments, day's work. and other cases of labor and service by the day, except in farm employments, shall constitute and be a legal day's work, where there is no special contract or agreement to the contrary.

Sec. 2. This act shall not apply to or in any way affect labor or Application. service by the year, month or week; nor shall any person be prevented by anything herein contained from working as many hours over time or extra hours as he or she may agree, and shall not, in any sense, be held to apply to farm labor.

CHAPTER 48.-Sex no disqualification for employment. SECTION 4. No person shall be precluded or debarred from any oc- Sex not a bar. cupation, profession or employment (except military) on account of sex: Prorided, That this act shall not be construed to affect the eligibility of any person to an elective office.

Sec. 5. Nothing in this act shall be construed as requiring any female Act construed. to work on streets or roads, or serve on juries.

CHAPTER 48.-Suits for wages— Attorneys' fees. SECTION 7. Whenever a mechanic, artisan (,) miner, laborer or ser- Attorney's fee vant or employee shall have cause to bring suit for his or her wages to be allowed, earned and due, and owing according to the terms of the employment,

when.

and he or she shall establish by the decision of the court or jury that
the amount for which he or she has brought suit is justly due und
owing and that a demand has been made, in writing, at least three
days before suit is brought, for a sum not exceeding the amount so
found due and owing, then it shall be the duty of the court before
which the case shall be tried, to allow to the plaintiff, when the forego-
ing facts appear, a reasonable attorney fee in addition to the amount
found due and owing for wages, and in justice court such attorney's
fee shall not be less than $5, and in the county or circuit court, not
less than $10, to be taxed as costs of suit.
This act is constitutional. 42 N. E. Rep. 386.

Attorneys' fees can not be collected if the amount recovered is less than the amount named in the demand. 49 Ill. App. 36.

This statute does not apply to an action brought by an employee for damages for being discharged, but only when the amount sued for is found to be wages due. 57 Ill. App. 606.

Limit.

CHAPTER 48.-State board of arbitration. Appointment SECTION 8 (as amended by act approved May 15, 1903, page 84, Acts of board. of 1903). The governor, by and with the advice and consent of the

senate, shall appoint three persons, not more than two of whom shall belong to the same political party, who shall be styled a State “ Board of Arbitration," to serve as a State board of arbitration and conciliation; one and only one of whom shall be an employer of labor, and only one of whom shall be an employee and shall be selected from some labor organization. They shall hold office until March 1, 1897, or until their successors are appointed, but said board shall have no power to act as such until they and each of them are confirmed by the senate. On the first day of March, 1897, the governor, with the advice and consent of the senate, shall appoint three persons as members of said board in the same manner above provided, one to serve for one year, one for two years and one for three years, or until their respective successors are appointed, and on the first day of March in each year thereafter the governor shall in the same manner appoint one member of said board to succeed the member whose term expires, and to serve for the term of three years or until his successor is appointed. If a vacancy occurs at any time, the governor shall in the same manner appoint some one to serve out the unexpired term. Each member of said board shall, before entering upon the duties of

his office, be sworn to a faithful discharge thereof. The board shall Organization. at once organize by the choice of one of their number as chairman,

and they shall, as soon as possible after such organization, establish suitable rules of procedure. The board shall have power to select and remove a secretary, who shall be a stenographer, and whose salary shall be $2,500 per annum, payable out of the State treasury, upon the warrant of the auditor of public accounts, from any money not otherwise appropriated; said secretary to receive also his necessary traveling and other expenses, to be paid from the State treasury on bills of particu

lars to be approved by the chairman of the board and the governor. Duties. SEC. 9. When any controversy or difference not involving questions

which may be the subject of an action at law or bill in equity, exists between an employer, whether an individual, copartnership or corporation, employing not less than twenty-five persons, and his employees in this State, the board sball, upon application as herein provided, as soon as practicable thereafter, visit the locality of the dispute and make a careful inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective par

ties what, if anything, ought to be done or submitted to by both to Decision. adjust said dispute, and make a written decision thereof. This de

cision shall at once be made public, shall be recorded upon proper books of record to be kept by the secretary of said board, and a short statement thereof published in the annual report hereinafter provided for, and the board shall cause a copy thereof to be filed with the clerk

of the city, town or village where said business is carried on. Application. Sec. 10° as amended by act approved April 12, 1899, page 75, Acts

of 1899). Said application shall be signed by said employer or by a majority of his employees in the department of the business in which the controversy or difference exists, or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work without any lockout or strike until the decision of said board, if it shall be made within three weeks of the date of filing said application. As soon as may be after the receipt of said application the secretary of said board shall cause public notice to be given of the time and place of the hearing thereon; but public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given. When such request is made notice shall be given to the parties interested in such manner as the board may order, and the board may, at any stage of the proceedings, cause public notice to be given, notwithstanding such request. The board in all cases shall have power to summon as witnesses any operative or Witnesses. expert in the department of business affected, and any person who keeps the records of wages earned in those departments, or any other person, and to examine them under oath, and to require the production of books containing the records of wages paid and such other books and papers as may be deemed necessary to a full and fair investigation of the matter in controversy. The board shall have power to issue subpænas, and oaths may be administered by the chairman of the board. If any person having been served with a subpoena or other process issued by such board, shall willfully fail or refuse to obey the same, or to answer such questions as may be propounded touching the subject-matter of the inquiry or investigation, it shall be the duty of the circuit court or the county court of the county in which the hearing is being conducted, or of the judge thereof, if in vacation, upon application by such board, duly attested by the chairman and secretary thereof, to issue an attachment for such witness and compel him to appear before such board and give his testimony or to produce such books and papers as may be lawfully required by said board; and the said court, or the judge thereof, shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such court.

SEC. 11. Upon the receipt of such application, and after such notice, . Decisions to be the board shall proceed as before provided, and render a written deci- in writing. sion, which shall be open to public inspection, shall be recorded upon the records of the board and published at the discretion of the same in an annual report to be made to the governor before the first day of March of each year.

Sec. 12. Said decision shall be binding upon the parties who join in Force of decisaid application for six months or until either party has given the sion. other notice in writing of his or their intention not to be bound by the same at the expiration of sixty days therefrom. Said notice may be given to said employees by posting in three conspicuous places in the shop or factory where they work.

SEC. 12a (added by act approved April 12, 1899, page 75, Acts of Enforcemert 1899). In the event of a failure to abide by the decision of said of award. board in any case in which both employer and employees shall have joined in the application, any person or persons aggrieved thereby may file with the clerk of the circuit court or the county court of the county in which the offending party resides, or in the case of an employer in the county in which the place of employment is located, a duly authenticated copy of such decision, accompanied by a verified petition reciting the fact that such decision has not been complied with and stating by whom and in what respects it has been disregar led. Thereupon the circuit court or the county court (as the case may be) or the judge thereof, if in vacation, shall grant a rule against the party or parties so charged to show cause within ten days why such decision has not been complied with, which shall be served by the sheriff as other process. Upon return made to the rule, the court, or the judge thereof, if in vacation, shall hear and determine the questions presented, and to secure a compliance with such decision, may punish the offending party or parties for contempt, but such punishment shall in no case extend to imprisonment.

Sec. 12b (added by act approved April 12, 1899, page 75, Acts of Joint applica1899). Whenever two or more employers engaged in the same general line of business, employing in the aggregate not less than twenty

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five persons, and having a common difference with their employees, shall, cooperating together, make application for arbitration, or whenever such application shall be made by the employees of two or more employers engaged in the same general line of business, such employees being not less than twenty-five in number, and having a common difference with their employers, or whenever the application shall be made jointly by the employers and employees in such a case, the board shall have the same powers and proceed in the same manner as if the application had been made by one employer, or by the employees of

one employer, or by both. Strike, etc., threatened.

SEC. 13. Whenever it shall come to the knowledge of the State board that a strike or a lockout is seriously threatened in the State, involving an employer and his employees, if he is employing not less than twenty-five persons, it shall be the duty of the State board to put itself in communication as soon as may be, with such employer or employees, and endeavor by mediation to effect an amicable settlement between them, or to endeavor to persuade them to submit the matters in dis

pute to the State board. Duty of may- SEC. 13a (added by act approved April 12, 1899, page 75, Acts of ors, etc.

1899). It shall be the duty of the mayor of every city, and the president of every incorporated town or village, whenever a strike or lockout involving more than twenty-five employees shall be threatened, or has actually occurred within or near such city, incorporated town or village, to immediately communicate the fact to the State board of arbitration, stating the name or names of the employer or employers and of one or more employees, with their post-office addresses, the nature of the controversy or difference existing, the number of employees involved and such other information as may be required by the said board. It shall be the duty of the president or chief executive officer of every labor organization, in case of a strike or lockout, actual or threatened, involving the members of the organization of which he is an officer, to immediately communicate the fact of such strike or lockout to the said board with such information as he may possess touching the differences or controversy, and the number of

employees involved. Investigation Sec. 13b (added by act approved May 11, 1901, page 90, Acts of without applica- 1901). Whenever there shall exist a strike or a lockout, wherein, in

the judgment of a majority of said board, the general publie shall appear likely to suffer injury or inconvenience with respect to food, fuel or light, or the means of communication or transportation, or in any other respect, and neither party to such strike or lockout shall consent to submit the matter or matters in controversy to the State board of arbitration, in conformity with this act, then the said board, after first having made due effort to effect a settlement thereof by conciliatory means, and such effort having failed, may proceed of its own motion to make an investigation of all facts bearing upon such strike or lockout and make public its findings, with such recommendations to the parties involved as in its judgment will contribute to a fair and equitable settlement of the differences which constitute the cause of the strike or lockout; and in the prosecution of such inquiry the board shall have power to issue subpoenas and compel the attendance

and testimony of witnesses as in other cases. Compensation. SEC. 14. The members of the said board shall each receive a salary

of $1,500 a year, and necessary traveling expenses, to be paid out of the treasury of the State, upon bills of particulars approved by the

governor. Service of proc- Sec. 15. Any notice or process issued by the State board of arbitra

tion, shall be served by any sheriff, coroner or constable to whom the same may be directed or in whose hands the same may be placed for service.

CHAPTER 48.— Factories and workshops-Sweat shops. Sewing, etc., SECTION 17. No room or rooms, apartment or apartments in any in living rooms. tenement or dwelling house used for eating or sleeping purposes,

shall be used for the manufacture, in whole or in part, of coats, vests, trousers, knee pants, overalls, cloaks, shirts, ladies' waists, purses, feathers, artificial flowers or cigars, except by the immediate mem

ticn.

ess.

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