from wages.

Receipt.

which any wages or compensation are to be paid, any person subject and liable to pay such poll tax, between the first day of January and the thirty-first day of December, inclusive, of each year shall be liable to pay said poll tax of such employee, which amount of poll tax such employer shall have the right to deduct from the wages or compensa- Deduction tion of such employee: Provided, He shall pay the same to the proper collecting officer thereof, and shall take a receipt therefor in name of employee; but he shall not have such credit, until he shall exhibit said [sic] said receipt therefor and deliver the same to the employee. * * * All employers, at any period of the year and without regard as to whether the employee had been previously employed during the same year, shall be liable for said poll tax unless it had previously been paid and no employer shall resist payment thereof on the ground that a previous or other employer is liable therefor, but that the collector of such poll tax may proceed against any of such employers or all of them if need be, to collect the same: Provided, That no enforcement Proviso. of said poll tax shall be made against any employer unless the employee shall have been in his service for at least sixty days during the year in which said tax is due.

MAINE.

REVISED STATUTES OF 1903.

CHAPTER 18.- Vaccination of employees in paper mills.

Who liable.

required.

SECTION 83. No owner, agent or superintendent of any paper mill Vaccination where domestic or foreign rags are used in the manufacturing of paper shall hire or admit any person to work in or about said mill who has not been successfully vaccinated or revaccinated within two years, or to the satisfaction of the local board of health.

SEC. 84. No person shall work in or about any paper mill where Same subject. rags are used, who has not been successfully vaccinated or revaccinated within two years, or to the satisfaction of the local board of health.

SEC. 85. The owner, agent and superintendent in every paper mill where rags are used shall every year, in the months of February and September, make out and deliver to the local board of health, a list containing the names, ages, kind of work, and places of residence of all persons employed in or about said mill.

List of employ

ees.

SEC. 86. In the months of March and October, annually, each and Examination. every person who is employed in a paper mill, shall be examined by the local board of health as to whether he or she is successfully and sufficiently protected by vaccination, and the local board of health shall in all cases be the judges of the sufficiency of the protection by vaccination.

SEC. 87. Whoever violates any provision of the four preceding sec- Penalty. tions shall be punished by a fine of not more than fifty dollars.

CHAPTER 22.-Inspection of steam boilers.

SECTION 22. No person or corporation shall manufacture, sell, use or Safety plugs. cause to be used, except as hereinafter provided, any steam boiler in the State unless it is provided with a fusible safety plug, made of lead for boilers carrying steam pressure above fifty pounds per square inch, and of tin for boilers carrying steam pressure of fifty pounds and less per square inch, and said safety plug shall be not less than one-half inch in diameter, and shall be placed in the roof of the fire box when a fire box is used, and in all cases shall be placed in the part of the boiler fully exposed to the action of the fire, and as near the surface line of the water as good judgment shall dictate, excepting in cases of upright tubular boilers, when the upper tube sheet is placed above the surface line of the water, which class of boilers shall be exempted from the provisions of this section.

SEC. 23. If any person without just and proper cause removes from the boiler the safety plug, or substitutes any material more capable of resisting the action of the fire, or if any person or corporation uses or

H. Doc. 733, 58-2-29

Violations.

Doors opening outwardly.

Fire escapes.

Inspection.

Notice.

Penalty.

Certificate.

Evidence.

Penalty.

License quired.

causes to be used, for six consecutive days, or manufactures or sells a steam boiler of a class not exempted from the provisions of the preceding section, unprovided with such safety fusible plug, such offender shall be fined not exceeding one thousand dollars.

re

CHAPTER 28.-Factories and workshops-Inspection, etc.

*

SEC. 38. * * *

*

*

SECTION 37. Every building intended temporarily or permanently for public use, shall have all inner doors, intended for egress, open outwards. The outer doors of all such buildings shall be kept open when the same are used by the public, unless they open outwards; but fly doors opening both ways may be kept closed. every building in which any trade, manufacture or business is carried on, requiring the presence of workmen above the first story, * * * shall at all times be provided with suitable and sufficient fire escapes, outside stairs or ladders from each story or gallery above the level of the ground, easily accessible to all inmates in case of fire or of an alarm of fire; the sufficiency thereof to be determined as provided in the following section.

SEC. 39. In towns or parts of towns having no organized fire department, the municipal officers shall annually make careful inspection of the precautions and safeguards provided in compliance with the foregoing requirements, and pass upon their sufficiency as to arrangement and number, and upon their state of repair; and direct such alterations, additions and repairs as they adjudge necessary. In towns, cities and villages having an organized fire department, the duties aforesaid shall be discharged by the board of fire engineers.

SEC. 40. Such municipal officers or fire engineers shall give written notice to the occupant of such building, also to the owner thereof, if known, of their determination as to the sufficiency of said precautions and safeguards, specifying in said notice any alteration, addition or repair which they require. Sixty days are allowed for compliance with such notice and order.

SEC. 41. Any owner or occupant who neglects to comply with such order, within the time so allowed, forfeits fifty dollars, besides tive dollars for every day's continuance of such neglect; and the building or part of a building so occupied shall be deemed a common nuisance, without any other evidence than proof of its use; and the keeper shall be punished accordingly. Said officers may forbid the use of such building for any public purpose until their order has been complied with. And if the owner or occupant of said building lets or uses the same in violation of such order, he forfeits not less than twenty nor more than fifty dollars for each offense.

SEC. 42. Whenever the municipal officers or engineers upon inspection, find that proper safeguards and precautions for escape in case of fire, or of alarm, have been provided, they shall give to the occupant of such building a certificate, under their hands, of such fact; which shall be valid for one year only from its date; * Such officers shall return to the clerk's office of their town, monthly, a list of such certificates by them issued, which the clerk shall record in a suitable book.

* *

SEC. 43. Every person receiving such certificate shall keep the same posted in such building. Such annual certificate, so posted, is prima facie evidence of the inspection of such building, and of the presence of such suitable safeguards and precaution. Every occupant of such building who neglects or refuses to procure such certificate, or to post the same as aforesaid, forfeits ten dollars for every week that he so neglects and refuses.

SEC. 44. Every municipal officer or fire engineer who refuses or neglects to perform the duties imposed upon him by the seven preceding sections forfeits fifty dollars.

CHAPTER 37.-Employment offices.

SECTION 6. The municipal officers of any town may, on payment of the sum of five dollars each into the town treasury, grant licenses to suitable persons for one year, unless sooner revoked after notice and

for cause, to keep offices for the purposes of obtaining employment for domestics, servants or other laborers, except seamen, or of giving information relating thereto, or of doing the usual business of intelligence offices; whoever keeps such an office, without a license, forfeits not exceeding fifty dollars for every day that it is so kept. The keeper of an intelligence office shall not retain any sum of money received from any person seeking employment through the agency of such intelligence office, unless employment of the kind sought for is actually furnished. No license shall be granted to a person who is directly or Regulations. indirectly engaged in or interested in the sale of intoxicating liquors. The keeper of a licensed intelligence office shall cause two copies of this section, printed in type of sufficient size to be legible and easily read, to be conspicuously posted in each room used or occupied for the purposes of such intelligence office. Whoever violates any provision of this section shall have the license revoked, and shall be punished by Penalty. fine not exceeding twenty dollars for each offense.

CHAPTER 40.-Trade-marks of trade unions.

SECTION 30. No person shall counterfeit or imitate any label, trade- Counterfeiting, mark, device or form of advertisement, adopted or used by any associetc., unlawful. ation or union of workingmen, to indicate that goods to which such label, trade-mark, device or form of advertisement may be attached or affixed, or on which the same may be printed, painted, stamped or impressed were manufactured, or produced, packed or put on sale by such association or union, or by any member or members thereof, or use such label, trade-mark, device or form of advertisement without the consent or authority of the association or union so having adopted and used it: Provided, That such label, trade-mark, device or form of advertisement was not, before such adoption and use, lawfully adopted, owned and used by another; but any association or union, desiring to adopt and use such label, trade-mark, device or form of advertisement previously adopted, owned and used by another, may acquire from such owner the right to so adopt and use it.

SEC. 31. Every such association or union adopting a label, trade- Filing labels. mark, device or form of advertisement as aforesaid, shall file the same for record in the office of the secretary of state, by leaving two copies, counterparts or facsimile[s] thereof, with the secretary of state, together with a statement in writing, signed and sworn to by some person for and in behalf of such association or union, stating when and by whom so far as he knows and believes, said label, trade-mark, device or form of advertisement was adopted or used, in what manner and for what purpose the same is to be used and by what right the same is claimed, and such other particulars as shall serve to identify the same; said secretary shall deliver to such association or union, so filing the same, a duly attested certificate of the record of the same. Such certificate of record, in all suits and prosecutions under this Certificate. chapter, shall be sufficient proof of the adoption of such label, trademark, device or form of advertisement. Whoever willfully swears or affirms falsely to any such statement in writing is guilty of perjury. No label, trade-mark, device or form of advertisement, so closely resembling one already recorded as to be liable to be mistaken therefor, shall be recorded, and when in the judgment of the secretary of state, such resemblance exists he may refuse to record such label, trade-mark, device or form of advertisement, and thereupon proceedings may be had for a writ of mandamus, upon the application of any such association or union, *

*

*

SEC. 32. Every such association or union that has adopted and uses a label, trade-mark, device or form of advertisement, as aforesaid, which has been recorded in the office of the secretary of state as herein before provided, may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, or of any goods to which such counterfeits or imitations shall be affixed or attached, or on which the same shall be printed, painted or impressed, and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the complainant in such suit, such damages resulting from such wrongful manufacture,

Enjoining wrongful use.

Penalty.

Unauthorized

use.

Use of name, etc.

Who may sue.

Separate bu

reau.

use, display or sale as may by said court be deemed reasonable, and shall require the defendants to pay such association or union the profits derived from such wrongful manufacture, use, display or sale; and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.

SEC. 33. Whoever knowingly and with intent to mislead or deceive, counterfeits or imitates any such recorded label, trade-mark, device or form of advertisement, or knowingly uses or sells any counterfeit or imitation of any such recorded label, trade-mark, device or form of advertisement, or knowingly sells or disposes of, or keeps, or has in his possession with intent that the same shall be sold, any goods to which any such counterfeit or imitation of such recorded label, trademark, device or form of advertisement is attached or affixed, or on which the same is printed, painted, stamped or impressed, shall be punished for the first offense by a fine not exceeding one hundred dollars, or by imprisonment for less than one year, and for every subsequent offense by a fine of not less than one hundred, nor more than five hundred dollars, or by imprisonment for not less than sixty days, nor more than three years.

SEC. 34. Whoever willfully uses or displays the genuine label, trademark, device or form of advertisement of any such association or union, in any manner not authorized by such association or union, shall be punished by imprisonment for not more than six months, or by a fine not exceeding one hundred dollars; and, for a second offense, shall be punished by imprisonment for not less than thirty days nor more than one year, or by fine of not less than fifty nor more than three hundred dollars.

SEC. 35. Whoever in any way willfully uses the name or seal of any such association or union, or officer thereof, in and about the sale of goods or otherwise, without the authority of such association or union, shall be punished by imprisonment for not more than six months, or by a fine not exceeding one hundred dollars; and, for a second offense shall be punished by imprisonment for not less thirty days nor more than one year, or by fine of not less than fifty nor more than three hundred dollars.

SEC. 36. In all cases where such association or union is not incorporated, suits and proceedings hereunder may be commenced and prosecuted by an officer or member of such association or union, for and in behalf of and for the benefit of such association or union.

CHAPTER 40.-Bureau of labor.

SECTION 40. The bureau of industrial and labor statistics shall constitute a separate and distinct department. The governor shall, with the advice and consent of the council, biennially, on the first Wednesday in February, appoint some suitable person identified with the Commissioner. industrial and labor interests of the State, who shall be designated commissioner of industrial and labor statistics, with an office in such place as shall be designated by the governor.

Duties.

Power.

SEC. 41. The said commissioner shall collect, assort, systematize and present in annual reports to the governor, to be by him transmitted biennially to the legislature, statistical details, relating to all departments of labor in the State, and especially to the commercial, industrial, social, educational and sanitary condition of the laboring people, and to the permanent prosperity of the productive industries of the State; and shall also inquire into the immediate causes of strikes, lockouts or other disturbances of the relations between employers and employees.

SEC. 42. He may take and preserve evidence, examine witnesses under oath, and administer the same, and in the discharge of his duty, may enter any public institution of the State, and at reasonable hours, when open for business, any factory, workshop, mine or other Information to place where labor may be employed. All State, county, city and town officers, are hereby directed to furnish to said commissioner upon his request, all statistical information in reference to labor and labor industries, which shall be in their possession as such officers.

be furnished.

CHAPTER 40.—Inspector of factories, etc.

Inspector.

SEC. 43. The governor, with the advice and consent of the council, shall appoint an inspector of factories, workshops, mines and quarries who shall hold office for two years, or until his successor is appointed, unless sooner removed. Said inspector shall inquire into Duties. any violations of sections forty-eight to fifty-six inclusive, of this chapter, and assist in the collection of statistics and other information which may be required, for the use of the bureau of industrial and labor statistics. Whenever the governor shall be satisfied that said inspector can not perform all the duties of his office required by this section, in person, he shall, with the advice and consent of the council, appoint a sufficient number of assistant inspectors to assist him in so doing, who shall hold office for the term of two years, and act under the direction of said inspector, and shall receive the sum of two dollars a day and reasonable expenses while actually engaged in duty. They may, at any time, be removed for cause by the governor. For the purpose of inquiring into any violation of the provisions of said sections forty-eight to fifty-six of this chapter, relating to the regulation of the hours of labor and the employment of women and children in manufacturing and mechanical establishments, and enforcing the penalties thereof, such inspector and assistants may, at all reasonable times, enter any such establishments and make investigation concerning such violations. Such investigation shall be conducted with as little interruption as possible to the prosecution of the business of such establishment. Whoever interferes with said inspector or his assistants, in the performance of their duties as prescribed in this chapter, shall be fined fifty dollars.

The refusal and neglect of an employer to produce the certificates required by section 55 when requested by an inspector to do so, is not an interference with the performance of his duties within the meaning of this chapter. Active personal obstruction or interference is meant, and not mere nonaction. 84 Me. 55.

SEC. 44. The said inspector, upon complaint, shall inquire into, and Wage law. prosecute for, any violations of sections fifty-seven and fifty-eight of

this chapter, relating to the fortnightly payment of wages.

He shall also examine into the sanitary condition of factories, work- Sanitary conshops, mines and quarries, and when any condition or thing is found ditions. that, in his opinion endangers the health or lives of the employees,

he shall notify the local board of health, and said board of health

shall investigate the matter.

SEC. 45. He shall enforce the due observance of sections thirty- Doors opening seven and thirty-eight of chapter twenty-eight, relating to the swing- outwardly. ing of doors, and fire escapes in factories and workshops.

SEC. 46. He shall, on or before the first day of December annually, Report. submit his report to the commissioner of industrial and labor statistics, and it shall be incorporated in, and printed with the annual report of

the bureau of industrial and labor statistics.

CHAPTER 40.-Employment of women and children.

SECTION 48. No female minor under eighteen years of age, no male Ten hours a minor under sixteen years of age, and no woman shall be employed day's labor. in laboring in any manufacturing or mechanical establishment in the State, more than ten hours in any 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 sixty in a week; and no male person sixteen years and over shall be so employed as above, more than ten hours a day during minority, unless he voluntarily contracts to do so with the consent of his parents, or one of them, if any, or guardian, and in such case he shall receive extra compensation for his services: Provided, however, That any female Proviso. of eighteen years of age or over, may lawfully contract for such labor for any number of hours in excess of ten hours a day, not exceeding six hours in any one week or sixty hours in any one year, receiving additional compensation therefor; but during her minority, the consent of her parents, or one of them, or guardian, shall be first obtained.