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interior by easily accessible and unobstructed openings, and the balconies or landings shall be connected by iron stairs not less than eighteen inches wide, the steps not to be less than six inches tread, placed at a proper slant, and protected by a well-secured hand rail on each-side, with twelve-inch drop ladder from the lower platform reaching to the ground.
Sec. 4. Every person owning or operating any manufacturing estab- Belt shisters, lishment in which machinery is used shall furnish and supply for use
guards, etc. therein belt shifters, or other safe mechanical contrivance, for the purpose of throwing on or off belts or pulleys; and wherever it is practicable machinery shall be operated with loose pulleys. All vats, pans, saws, planers, cog gearing, belting, shafting, set screws and machinery of every description used in a manufacturing establishment shall, where practicable, be properly and safely guarded, for the purpose of preventing oravoiding the death of or injury to the persons employed or laboring in any such establishment; and it is hereby made the duty of all persons owning or operating manufacturing establishments to provide and keep the same furnished with safeguards as herein specified.
Sec. 5. If any person employed or laboring in any manufacturing, Action for inestablishment shall be killed or injured in any case wherein the juries. absence of any of the safeguards or precautions required by the act shall directly contribute to such death or injury, the personal representatives of the person so killed, or the person himself, in case of injury only, may maintain an action against the person owning or operating such manufacturing establishment for the recovery of all proper damages. In cases where the action is brought by the personal representative of the deceased, said action shall be governed in all respects not herein provided for by the provisions of the statutes now in force which authorize and regulate the bringing of actions to recover damages in cases where the death of one is caused by the wrongful act or omission of another: Provided, Action shall be commenced in the county where the accident occurred.
Sec. 6. In all actions brought under and by virtue of the provisions Failure to proof this act, it shall be sufficient for the plaintiff to prove in the first vide appliances. instance, in order to establish the liability of the defendant, that the death or injury complained of resulted in consequence of the failure of the person owning or operating the manufacturing establishment where such death or injury occurred to provide said establishment with safeguards as required by this act, or that the failure to provide such safeguard directly contributed to such death or injury.
Sec. 7. Manufacturing establishments, as those words are used in Definition this act, shall mean and include all smelters, oil refineries, cement works, mills of every kind, machine and repair shops, and, in addition to the foregoing, any other kind or character of manufacturing establishment, of any nature or description whatsoever, wherein any natural products or other articles or materials of any kind, in a raw or unfinished or incomplete state or condition, are converted into a new or improved or different form.
SEC. 8. Wherever the expression occurs in this act in substantially Person defined. the following words: “Every person owning or operating any manufacturing establishment,” or where language similar to that is used, the word “person” in that connection shall be held and construed to mean any person or persons, partnership, corporation, receiver, trust, trustee, or any other person or combination of persons, either natural or artificial, by whatever name he or they may be called.
CHAPTER 377.—Examination and licensing of plumbers. Section 1. Any person now or hereafter engaging or working at the License rebusiness of plumbing in cities of seven thousand population or more
quired in this State, either as master plumber or employing plumber or as a journeyman plumber, shall first receive a certificate thereof in accordance with the provisions of this act.
SEC. 2. Any person desiring to engage in or work at the business of plumbing, either as a master plumber or employing plumber or as a journeyman plumber, in cities having a population of seven thousand
or more and a system of water supply or sewerage, shall make application to a board of examiners hereinafter provided for, and shall at such times and place as said board may designate be compelled to pass such examination as to his qualifications as said board may direct. Said examination may be made in whole or in part in writing and shall be of a practical and elementary character, but sufficiently strict to test the qualifications of the applicant.
Sec. 3. There shall be in every city of seven thousand inhabitants or more a board of examiners of plumbers consisting of three members, one of which shall be chairmain of the board of health, who shall be ex officio chairman of said board of examiners; a second member, who shall be a master plumber; and a third member, who shall be a journeyman plumber. Said second and third members shall be appointed by the mayor and approved by the council of said city within three months after the passage of this act, for the term of one year from the 1st day of May in the year of appointment, thereafter annually before the 1st day of May, and shall be paid from the treasury of said city the same as other officers, in such sum as the authorities may desiguate.
Sec. 4. Said board of examiners shall, as soon as may be after their appointment, meet, and shall then designate the times and places for examination of all applicants desiring to engage in or work at the business of plumbing within their respective jurisdiction. Said board shall examine said applicants as to the practical knowledge of plumbing, house drainage, and plumbing ventilation, and, if satisfied of the competency of such applicants, shall thereupon issue a certificate to such applicant authorizing him to engage in or work at the business of plumbing, either as master plumber or employing plumber or as a journeyman plumber. The fee for a certificate for a master plumber or employing plumber shall be five dollars; for a journeyman plumber, it shall be two dollars. Said certificate shall be valid and have force throughout the State, and all fees received for said certificates shall be paid into the treasury of the city where such certificates are issued.
Sec. 6. All persons who are required by this act to take examinations and procure a certificate as required by this act shall apply to the board in the city where they reside, or to the board nearest their place of residence.
Sec. 7. Any person violating any provision of this act shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five dollars nor exceeding fifty dollars for each and every violation thereof.
Place of examination.
Local or special laws regulating labor, etc., not to be passed.
SECTION 59. The general assembly shall not pass local or special forbidden.
acts concerning any of the following subjects, or for any of the following purposes, namely:
Commissioner of agriculture, labor and statistics. Commissioner SECTION 91. A * * commissioner of agriculture, labor and of agriculture, statistics,
shall be elected by the qualified voters of the etc.
State at the same time the governor is elected, for the term of four
Time to vote to be allowed employees. SECTION 148. * The general assembly shall provide by four hours to
be allowed. law that all employers shall allow employees, under reasonable regulations, at least four hours on election days, in which to cast their votes.
Right of action for injuries causing death.
Death caused injury inflicted by negligence or wrongful act, then, in every such by negligence. case, damages may be recovered for such death, from the corporations and persons so causing same. Until otherwise provided by law, the action to recover such damages shall in all cases be prosecuted by the personal representative of the deceased person. The Who may sue. general assembly may provide how the recovery shall go and to whom belong; and until such provision is made the same shall form part of the personal estate of the deceased person.
This does not give a right of action against an employer for the death of an employee caused by the negligence of a fellow-servant of equal grade in the same department. A conductor temporarily acting as brakeman is still of equal rank with a locomotive engineer so that he can not recover of the company for injuries received from the engineer's negligence. 54 S. W. Rep. 184.
Employment of children. SECTION 243. The general assembly shall, by law, fix the minimum Employment ages at which children may be employed in places dangerous to life or of children to be
regulated. health, or injurious to morals; and shall provide adequate penalties for violations of such law.
Payment of wages. SECTION 244. All wage-earners in this State employed in factories, Wages to be
paid in lawful mines, workshops, or by corporations shall be paid for their labor in
money. lawful money. The general assembly shall prescribe adequate penalties for violations of this section.
(See section 1350, Statutes of 1894, below.)
STATUTES OF 1894.
CHAPTER 1.-Right of action for injuries causing death. SECTION 6. Whenever the death of a person shall result from an in- Death caused jury inflicted by negligence or wrongful act, then in every such case,
by negligence. damages may be recovered for such death from the person or persons, company or companies, corporation or corporations, their agents or servants, causing the same, and when the act is willful or the negligence is gross, punitive damages may be recovered, and the action to Punitive damrecover such damages shall be prosecuted by the personal representa
Who may sue. tive of the deceased. The amount recovered, less funeral expenses Damages exand the cost of administration, and such costs about the recovery, in- empt. cluding attorney fees as are not included in the recovery from the defendant, shall be for the benefit of and go to the kindred of the deceased. *
The common law action for suffering of the deceased, death not being immediate, will bar an action under this statute to recover for loss of life. 12 Bush 144.
In the absence of gross, wanton, or willful negligence, damages should be compensatory only, and not punitive. 4 Bush 593.
If defendant was guilty of gross neglect, both compensatory and punitive damages may be awarded. 15 R. 199.
Proof of ages and number of children of deceased is admissible. 7 Bush 235.
Where neglect is not willful and death results instantly, the damages are confineu to the value of the decedent's power to earn money. 9 Bush 728.
(See also section 241 of the Constitution, and note.)
CHAPTER 4.- Bureau of agriculture, labor, and statistics. SECTION 31. A bureau of agriculture, labor and statisties is established, and shall be under the management of an officer, who shall be lished.
H. Doc. 733, 58-2-27
Commissioner. known as the commissioner of agriculture, labor and statistics. In
one thousand eight hundred and ninety-two there shall be appointed by the governor, by and with the advice and consent of the senate, a commissioner, who shall hold his office until the first Monday in January, one thousand eight hundred and ninety-six, and until his successor has qualified, unless sooner removed by the governor, who shall also have power to fill a vacancy in the office occurring from any cause. At the general election held in November, one thousand eight hundred and ninety-five, and every four years thereafter, there shall be elected a commissioner, who shall enter upon the discharge of his duties on the first Monday in January after his election, and hold his
office for four years, and until his successor is elected and qualified. Duties of com- Sec. 32. The commissioner shall keep his office at the seat of govmissioner.
ernment, and devote his entire time and attention to the duties of his office. Before entering upon his duties he shall take the oath of office and execute bond to the Commonwealth, with good sureties, worth at the time, jointly or severally, twenty-five thousand dollars, to be approved by the governor, for the faithful discharge of the duties of his office; and shall receive an annual salary of twenty-five hundred
dollars, payable at the same time the salary of the governor is paid. Purpose of Sec. 33. The efforts of the bureau shall be directed to the promotion bureau.
of agriculture, horticulture, manufactures, and to matters relating to labor and statistics; and the commissioner shall promote and encourage, as far as practicable, the organization of agricultural and horticultural societies and other associations in the several counties, and ascertain the agricultural, horticultural, mechanical, commercial and educational condition of every county, giving, in detail, the quantity and quality of land under cultivation; the kinds, amounts and value of the annual field crops; the annual production of orchards, gardens, dairies and mines; the quantity and value of domestic manufactures; the kinds, value and increase of live stock; the annual products of mechanical industry and skill; the character of labor employed in mines, factories and the cultivation of the soil, and the prices paid therefor; the value of exports and imports; the number of miles of railroads, turnpikes, navigable streams and post-offices, and names of same, in each county; how and by whom turnpikes and other public roads are operated and kept in repair; the name, location and population of cities, towns and villages; the number and value of schoolhouses and churches; the names, capital and purposes of charitable institutions, together with such other vital, social, physical and political statistics as he may deem
proper and expedient. Information to SEC. 34. The auditor of public accounts, assessors of the several be furnished.
counties, and all other officers of the State and counties, shall furnish the commissioner with such information within their power as he may require in regard to the matters connected with the bureau; and as a further means of procuring information, the commissioner shall put himself in communication with the different agricultural, horticultural and labor societies, manufacturing and mining companies, and such other organizations or persons, in or out of the State, as he may deem
proper. Monthly re- Sec. 35. The commissioner shall furnish to the publishers of newsports.
papers of the State, who will publish the same free of charge, a condensed monthly report of the breadth of planting and condition of the growing crops, and such other information as he may deem expedient and proper, and shall also issue monthly statements of the crop prospects throughout the State; and also all other obtainable information as to the general crop prospects throughout the United States and all foreign countries, whose products come in competition with the
products of this state. Reports to leg- Sec. 36. He shall, before the assembling of each regular session of islature.
the general assembly, compile a report giving a general review of the agricultural, horticultural, mineral and industrial resources of the State, with brief notices of each county, and the character of the public roads in the several counties, and how and by whom operated and kept in repair; the character of labor generally employed in the mines, factories and the cultivation of the soil, and the prices paid therefor, and such other information as he is required to gather, and shall have a sufficient number, not exceeding two thousand, printed for the use of the general assembly and for general distribution. He shall prepare, as soon as he may be possessed of the proper information, a condensed statement of the present condition and capacity of the State as regards its agricultural, horticultural and mineral resources; its manufacturing and domestic arts; the average price of land and labor in its different sections; its traveling, exporting and educational facilities; a brief view of its climate; its geographical position and general topography, and other suitable subjects designed to induce immigration to this State, which statement, in the form of a report, when presented to the governor and approved by him, the commissioner may cause to be printed in cheap pamphlet form, in the English and German languages, and distributed free through immigration societies or otherwise, as he may deem best to promote immigration into this State.
Sec. 37. The governor is authorized to appoint an advisory board Advisory board. of four persons, the director of the experiment station at Lexington to be one of the four, whose duty it shall be to meet at Frankfort, or such other place as they may agree upon, at least four times a year, to counsel together and take such steps as they may deem best for the general agricultural, horticultural and statistical interests of the State. The commissioner shall be chairman of this board. He shall have power to call meetings and adjourn the same. The duties of said board appointed by the governor shall be merely advisory. The legitimate expenses in attending such meetings shall be paid out of the appropriation for this bureau. The commissioner shall have power to call meetings in the different counties in the State, and the commissioner, or some one of the board, shall attend and employ such assistance as may be necessary for the purpose aforesaid. Three members of the board shall constitute a quorum. All money paid out of the appropriation expended by said board shall have the approval of a majority of the board, and every voucher shall set forth for what the money was paid. Sec. 41. The commissioner is allowed a clerk or clerks, to be selected
Office force. by himself, the salary of whom shall not exceed in the aggregate twelve hundred dollars per annum.
Sec. 42. The sum of thirteen thousand dollars is hereby annually Appropriation. appropriated, out of any funds in the hands of the treasurer not otherwise appropriated, for the support and maintenance of this bureau. Said amount shall cover all expenses of every kind growing out of this act, including commissioner's salary and clerks pay, and all expenses connected with and growing out of this department of the State government. CHAPTER 18.- Employment of children--Certain employments forbidden. SECTION 326. A person who, for gain or reward, employs or causes Mendicant, im
moral, etc., occuto be employed, or who exhibits, uses, or who has in his custody for pations. the purpose of exhibiting or employing any child actually or apparently under the age of sixteen years, or any person who, having the care, custody, or control of such child, as parent, relative, guardian, employer, or otherwise, sells, lets out, gives away, or in any way procures or consents for gain or reward to the employment or exhibition of such child, either, first, in begging or receiving alms, or in any mendicant occupation; second, or (being a female) in peddling or in any wandering occupation; third, or male or female in any indecent or immoral occupation or practice, or in the exhibition of any such child when insane or idiotic; or, fourth, in any practice or exhibition of unusual danger to the life, limb, health, or morals of the child, is guilty of a misdemeanor, and shall, for the first offense, be fined not more Penalty. than twenty dollars, or confined in the county jail or work house, in counties having a workhouse, not more than ninety days, or both so fined and confined within the discretion of the court; and, upon conviction for a second or any subsequent offense, shall be fined in any sum not exceeding one hundred dollars, or imprisoned in the penitentiary for a term not exceeding one year, or both so fined and confined within the discretion of the jury.