Proviso.

Right to enter factories, etc.

Mechanical

engineer.

Duties.

Notice of accidents.

Investigation.

Wages, etc., to be secured.

refuse to testify before said bureau or before any member thereof, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars, or imprisonment not exceeding sixty days, or both in the discretion of the court: Provided, That no person or corporation shall be required to answer any question that shall be [an] improper subject of inquiry or foreign to the object of this act.

SEC. 4604. The commissioner or his deputy shall have power to enter any factory or workshop, when open or in operation, for the purpose of gathering facts and statistics relating [to] hours of labor, wages, industrial, economic and sanitary questions or matters; and if the owner or occupants, or his or her agent or agents, shall refuse to allow the officers of said bureau to so enter, then said owner or occupant, or his or her agent, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine not to exceed one hundred dollars, to be recovered in an action of debt to be instituted by the order of the commissioner of labor in an action wherein the State of Michigan shall be plaintiff.

SECTION 5210. may, also,

*

He [the commissioner of railroads] * appoint a mechanical engineer, whose duty it shall be, under the instructions of the commissioner, to make technical inspections and reports of the condition and working of all air and power brakes and fixtures, automatic or safety couplers, heating apparatus, train signals and other appliances connected with the construction and running of locomotive engines and cars, also of the condition, character and working of yard and switch lamps, semaphore safety signals, switches, common and interlocking frogs and guard rails, whether the same are blocked or otherwise treated, as required by law, also of the condition and [sufficiency] suflicient of bridges and other [structures] structure connected with the permanent way, and of the condition and sufficiency of all equipments, freight and passenger houses, as regards the public safety, health and convenience, and of such other matters and things as the commissioner may deem essential to a full and thorough information as to the physical condition of the several railroad properties of the State and the proper enforcement of the police regulations enacted for the control and management of the same. * * *

SEC. 5241. Every railroad corporation doing business in this State shall cause immediate notice of any accident which may occur on its road, attended with loss of life to any person, to be given to a coroner of the county residing nearest to the place of accident, and shall also give notice within twenty-four hours to the commissioner of railroads of any such accident, or of any aceident falling within a description of accidents of which said commissioner may, by general regulation, require notice to be given. For each omission to give such notice the corporation shall forfeit a sum not exceeding one hundred dollars.

SEC. 5242. The commissioner of railroads shall investigate the causes of any accident on a railroad resulting in loss of life, and of any accident not so resulting, which, in his judgment, shall require investigation.

CHAPTER 131.-Protection of wages of laborers, etc., on construction and repair of railroads.

SECTION 5243. It shall be lawful for all railroad companies, when contracts are made by them with contractor or contractors, for work, labor, or materials to be used in repairing or constructing railroads, to provide in the contract or contracts with said contractor or contractors, for the payment of laborers and persons furnishing material to said contractors or subcontractors to

withhold

payment.

be used in said contract, and if no such provision is made in said Company contract or contracts, it shall be lawful for said railroad com- may panies to withhold payment until such laborers and persons furnishing material are paid; and it shall be the duty of such railroad companies, by agent or otherwise, at each pay day on said road or roads, to see that all laborers and persons furnishing material employed by contractor or contractors, or subcontractors, are paid before payment is made to said contractors, not to exceed, however, the amount due to said contractors: Provided, The Provisos. provisions of this act shall not apply to any iron or other materials and property used in ironing and equipping said railroad: Provided further, That a bill of items of the material and labor furnished to said contractor or subcontractors shall be furnished to the company through their agent, or otherwise, together with the amount claimed, prior to the usual pay day of said company, when such claim shall be due, or in case the contractor or contractors are not then paid, then prior to the payment then due.

SEC. 5244. On compliance with the provisions of section one of Laborers, etc., this act [sec. 5243], the persons performing the labor, or furnish- may collect from company. ing the materials, mentioned in said section one, shall have the right to collect pay for the same from said railroad companies by action, as in case of other claims against said railroad companies, if the said claim or claims are undisputed and acknowledged to be due from said contractor or subcontractor.

ment.

SEC. 5245. If the amount claimed to be due from the contractor Proceedings or subcontractors is disputed by them, then said company shall on disagree. withhold the payment from both till the same has been adjudicated, as in other actions, before some court having jurisdiction of the amount in controversy, and judgment duly rendered, when the company shall pay over the amount of the judgment to the party recovering the same against said contractor or subcontractors, provided the amount of said judgment is due to said contractor or contractors from said company; if not, then so much as is due on said contract.

This statute is in derogation of the common law and must be strictly construed, or at least so construed as not to cast additional burdens upon parties between whom and the plaintiff there is no privity of contract. 65 Mich. 658.

Assignees are protected by this statute. The duty imposed is not the payment of wages on the failure of the contractor to do so, but the retention in its custody of an amount equal to the wage claims of which it is notified, until such claims are paid by the contractor. 65 Mich. 659.

Makers of

CHAPTER 136.-Peddlers' licenses-Mechanics, etc., exempt. SECTION 5330. Nothing contained in this chapter shall be construed to prevent any manufacturer, farmer, mechanic or nursery- goods, etc. man from selling his work or production, by sample or otherwise, without license, * * *

CHAPTER 137.-Employment of females in barrooms, etc.

SECTION 5361. No person shall employ any girl or woman as bar- Employment keeper, or to serve liquors, or to furnish music, or for dancing in forbidden. any saloon, or barroom where spirituous or intoxicating liquors, or malt, brewed or fermented liquors are sold or kept for sale.

SEC. 5362. No girl or woman shall be employed to tend bar, serve liquors, to dance or furnish music in any saloon or barroom where spirituous or intoxicating liquors, or malt, brewed or fermented liquors are sold or kept for sale.

Same subject.

Attending

SEC. 5363. No keeper or proprietor of a saloon where spirituous or intoxicating liquors or malt, brewed or fermented liquors are bar, etc. sold or kept for sale shall permit any girl or woman to tend bar, serve liquors, dance or furnish music for hire in his saloon or barroom: Provided, That this act shall not be so construed as to prevent the wife or other females who are bona fide members of the family of a proprietor of a saloon from tending bar or serving liquors in his saloon.

H. Doc. 733, 58-2-35

Proviso.

Penalty.

Hours of la

SEC. 5364. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed fifty dollars and costs of prosecution, or by imprisonment in the county jail for a term not to exceed thirty days, or by both such fine and imprisonment, in the discretion of the court.

CHAPTER 137.-Factories and workshops—Inspection-Employment of children.

SECTION 5365. No male child under fourteen years of age or bor of children. female under fifteen years of age shall be employed at labor in factories, or in manufacturing establishments or mercantile industries in this State, for a longer period than fifty-four hours in any week.

Age limit.

Register.

Permit quired.

re

Law does not apply, when.

Hoisting shafts, etc.

SEC. 5366. No child under twelve years of age shall be employed in any factory, manufacturing or mercantile establishment within this State. It shall be the duty of every person employing children under the age of fourteen years to keep a register in which shall be recorded the name, age and residence of every person so employed by him. And it shall be unlawful for any factory, manufacturing or mercantile establishment to hire or employ any child under the age of fourteen years without first receiving the permission, in writing, by the parent or guardian, stating the name and age of said child. If said child have no parent or guardian, there shall be a written statement under oath by said child.

SEC. 5367. Every person, firm or corporation employing such children in any factory, manufacturing or mercantile establishment shall require the permit or affidavit mentioned in section two of this act [sec. 5366] to be executed before such child shall be permitted to enter upon the discharge of his duties or employment. No person, firm or corporation employing less than ten persons or children shall be deemed a manufacturing or mercantile establishment within the meaning of this act.

SEC. 5368. It shall be the duty of the owner, agent, or lessee [or] of any factory, manufactory or mercantile establishment where hoisting-shafts or well holes are used to cause the same to be properly and substantially inclosed or secured, if it is necessary to protect the life and limbs of those employed in such establishments. It shall be the duty of the owner, agent, or lessee, to provide or cause to be provided, such proper trap or automatic doors, so fastened in or at all elevator ways, as to form a substantial surface, when closed, and so constructed as to open and close by the action of the elevator in its passage, either ascending or descending. SEC. 5369. It shall be the duty of the owner of such factory, mercantile industry or manufacturing establishment, or his agent, superintendent or other person in charge of the same, to furnish and supply, or cause to be furnished and supplied, in the discretion of the inspector, where dangerous machinery is in use, automatic shifters, or other mechanical contrivances of throwing on or off Cleaning belts or on pulleys; and no minor under fourteen years of age moving ma- shall be allowed to clean machinery while in motion. All gearing chinery. and belting shall be provided with proper safeguards.

Belt shifters.

What are violations.

Notice.

The provision relative to proper safeguards need not be complied with until after the notice provided for in the next section. 69 N. W. Rep. 254.

SEC. 5370. If the heating, lighting, ventilation or sanitary arrangement of any shop or factory is such as to be injurious to the health of persons employed therein, or that the means of egress in case of fire or other disaster is not sufficient or in accordance with all the requirements of law, or that the belting, shafting, gearing, elevators, drums and machinery in the shops and factories are located so as to be dangerous to employees, and not sufficiently guarded, or that the vats, pans or structures filled with molten metal or hot liquid are not surrounded with proper safeguards for preventing accident or injury to those employed at or near them, after due notice of such defect, said proprietors or agents shall be deemed guilty of violating the provisions of this act.

SEC. 5371. The prosecuting attorney of any county of this State is hereby authorized upon request of any person of full age, to commence and prosecute to termination, before any justice of the peace or circuit court, in the name of the people of the State of Michigan, actions or proceeedings against any person or persons reported to him to have violated the provisions of this act.

SEC. 5372. Any person who violates or omits to comply with any of the foregoing provisions of this act, or who suffers or permits any child to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine of not to exceed one hundred dollars, or sixty days imprisonment, or both in the discretion of the court.

* *

*

Enforcement.

Penalty.

ees.

SEC. 5373. All persons who employ females, in stores, shops, Seats for feoffices or manufactories, as clerks, assistants, operatives or helpers male employin any business, trade or occupation carried on or operated by them, shall be required to procure and provide proper and suitable seats for all such females, and shall permit the use of such seats, rests or stools as may be necessary, and shall not make any rules, regulations or orders preventing the use of such stools or seats, when such female employees are not actively employed in their work in such business or employment.

SEC. 5374. If any employer of female help shall neglect or refuse Penalty. to provide seats as provided in this act, or shall make any rules, orders or regulations in their shops, stores or other places of business requiring females to remain standing when not necessarily employed in service or labor therein, they shall be demed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be liable to a fine therefor, in a sum not to exceed twenty-five dollars, with costs, in the discretion of the court.

CHAPTER 139.-Hours of labor.

SECTION 5453. In all factories, workshops, salt blocks, sawmills Ten hours a logging or lumber camps, booms or drives, mines or other places day's work. used for mechanical, manufacturing, or other purposes within the State of Michigan, where men or women are employed, ten hours per day shall constitute a legal day's work, and any proprietor, stockholder, manager, clerk, foreman, or other employers of labor who shall require any person or persons in their employ to perform more than ten hours per day, shall be compelled to pay such employees for all overtime or extra hours at the regular per diem rate, unless there be an agreement to the contrary.

A contract containing no restrictions as to hours of labor and made with knowledge of a custom requiring more than ten hours' labor on the part of a company's employees and on which semimonthly payments were accepted as full compensation could not be sued on to recover for time worked in excess of ten hours per day. 82 Mich. 658.

Irregular occupations and employment by the week, month, or year are not within the statute. 85 Mich. 147.

Overtime.

as to

SEC. 5454. In all contracts, engagements, or agreements to labor Contracts in any mechanical, manufacturing or other labor calling, where without prosuch contracts or agreements are silent, or no express condition vision specified, ten hours shall constitute a day's work, and the contract or agreement shall be so construed.

SEC. 5455. Any individual, firm, agent of any corporation, or other employers of labor who shall take any unlawful advantage of any person or persons in their employ, or seeking employment, because of their poverty or misfortune, to invalidate any of the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars, nor more than fifty dollars for each offense, and it shall be the duty of the prosecuting attorney of the county in which such offense was committed, upon receiving complaint, to prosecute all such cases in the name of the people of the State of Michigan, before any justice of the peace or other competent court of jurisdiction.

time.

Penalty.

Application

of law.

Railroad employees.

SEC. 5457. Nothing in this act [secs. 5453-5457] shall be construed to apply to domestic or farm laborers, or other laborers who agree to work more than ten hours per day.

SEC. 5458. No person, corporation, joint stock company or association of individuals owning or operating a line of railroad, in whole or in part, within this State, shall permit or require any conductor, engineer, fireman, brakeman or any trainman who has worked in any capacity for twenty-four hours to again go on duty Eight hours or perform any kind of work until he has had at least eight hours' rest.

rest.

Ten hours a day's labor.

Provisos.

Overtime.

Penalty.

Scrip. etc., to be redeemable in money.

Penalty.

Evidence.

SEC. 5459. Ten hours' labor performed within twelve consecutive hours shall constitute a day's labor in the operation of all steam, surface and elevated railroads now owned and operated or hereafter owned and operated within this State: Provided, That this act shall not apply to regular scheduled trains when completed within a less number of hours: Provided, further, That the provisions of this act shall not apply to extra hours of labor performed by any conductor, engineer, fireman, brakeman, or trainman in cases of unavoidable accident or delay caused by such accident.

SEC. 5460. Every hour in excess of ten hours' labor performed in any one day by any conductor, engineer, fireman, brakeman or any trainman of any railroad company, corporation, joint stock company or association of individuals or person owning or operating a railroad within this State, who works under the direction of a superior or at the request of such person, company, corporation, joint stock company or association of individuals and who shall be required or permitted to work shall be deemed one-tenth of a day's labor and such conductor, engineer, fireman, brakeman or trainman shall receive pro rata compensation for said extra service in addition to his daily compensation.

SEC. 5461. Any person, agent or employee of such person, railroad company, corporation, joint stock company or association of individuals violating the provisions of this act, [secs. 5458-5461] shall be guilty of a misdemeanor, and on conviction shall be punishable by a fine of not less than fifty and not to exceed one hundred dollars in the discretion of the court.

CHAPTER 139.-Payment of wages.

SECTION 5489. It shall be unlawful for any corporation to sell, give, deliver or in any manner issue, directly or indirectly, to any person employed by him or it, in payment of wages due for labor, or as advances on the wages of labor not due, any script [scrip], token, order or other evidence of indebtedness purporting to be payable or redeemable otherwise than in money. Any violation of the provisions of this section shall be punishable by a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not more than thirty days or both such fine and imprisonment in the discretion of the court, and any such script [scrip], token, order, or other evidence of indebtedness issued in violation of the provisions of this act, whatever its provisions as to the time or manner of payment shall be, in legal effect, an instrument for the unconditional payment of money only on demand, and the amount thereof may be collected in money by an [any] holder thereof in a civil action against the corporation selling, delivering or in any manner or for any purpose issuing the same; and such holder may be either the person to whom such instrument was originally issued or who acquired the same by purchase and delivery.

SEC. 5490. Any script [scrip], token, order, or other evidence of indebtedness, issued in violation of the provisions of this act, and presented by the holder thereof, shall be taken as prima facie evidence, in any court of competent jurisdiction, of the guilt or indebtedness of any corporation selling, giving, delivering or in any manner issuing the same,