this chapter with all necessary clothing of the same character as that furnished to other convicts. The superintendent of the guard shall make requisition for all clothing and distribute the clothing to the convicts.

SEC. 52. Upon proof that convicts are improperly fed or cruelly treated, the board of public works may order them to be returned to the penitentiary forthwith.

SEC. 53. The superintendent of the guards and other guards appointed by the board of public works shall take the oath required of other officers of the State, and may be required to give bond for the faithful performance of their duties in such penalty as the board may deem proper.

SEC. 54. Any county court desiring to obtain convicts from the penitentiary, to work upon the public roads within said county, shall make application to the board of public works therefor, stating in the application the number of convicts desired and the length of time the said court will probably employ said convicts in said county. The application shall be filed with the secretary of state, who shall indorse thereon the date of its receipt. The board shall consider all applications in the order in which they are received, and shall furnish the convicts applied for to the county first applying for them, if the court thereof shall enter into a proper contract for the payment of guards hereinbefore mentioned.

WISCONSIN.

CONSTITUTION.

ARTICLE I.—Exemption from execution, etc.

SECTION 17. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure, or sale for the payment of any debt, or liability hereafter contracted.

ANNOTATED STATUTES OF 1889.

CHAPTER 25.-University of Wisconsin-College of mechanics and engineering. SECTION 377. There is established in this State at the city of Madison, an institution of learning by the name and style of "The University of Wisconsin."

SEC. 385. The object of the university of Wisconsin shall be to provide the means of acquiring a thorough knowledge of the various branches of learning connected with literary, scientific, industrial and professional pursuits, and to this end it shall consist of the following colleges or departments, to wit:

*

*

*

*

*

*

*

*

SEC. 386. * * * The college of mechanics and engineering shall embrace practical and theoretical instruction in the various branches of mechanical and engineering science and art, and may embrace such additional branches as the regents may determine.

*

*

*

CHAPTER 27.-Free text-books in public schools.

SEC. 430b. At the annual meeting of every school district in this State, held in July, 1887, and annually thereafter, at such meetings the question of providing free text-books for the use of all pupils attending the public schools in the district and levying a tax sufficient to meet the expense of furnishing free text-books for the use of such upils, shall be submitted to the legal voters present, at such meeting, and a vote taken thereon. The chairman of each meeting shall direct the vote to be taken before entertaining a motion to adjourn the meeting sine die, and upon demand of any five legal voters present the vote shall be taken by ballot if a written resolution upon the question is submitted and the ballot of those favoring the resolution subiricted, shall have thereon the word, "yes," and the ballot of those opposed to the resolution submitted, shall have thereon the word, "no."

CHAPTER 29a.-Convict labor.

SEC. 567d. 1. The state board of supervision of charitable, reformatory and penal institutions is hereby authorized, whenever in the opinion of such board it is best

for the interests of the State, to establish in the state prison the business of manufacturing, to cr ate a debt in a sum not exceeding one hundred thousand dollars, for the purpose of purchasing machinery and materials to carry on the business of manufacturing within such prison. *

*

* *

2. Whenever such board of supervisors shall * * * determine to commence the manufacture of goods, wares and merchandise within such state's prison, such board shall file written estimates of the materials and cost of same desired to be purchased, and the secretary of state shall draw his warrant on the treasury for the amount necessary to carry into effect the provisions of this act, not exceeding the sum of one hundred thousand dollars.

*

3. In case of the manufacture of goods under sections 1, and 2, of this act, the state board of supervision shall dispose of said goods to the best interests of the State, and at the best prices obtainable.

CHAPTER 34.—Protection of militiamen from insult.

SEC. 649. If any person shall intercept, molest or insult, by abusive words or behavior, any officer, noncommissioned officer or soldier, while in the performance of his military duty, he shall be immediately put under guard and kept at the discretion of the commanding officer of the forces engaged in the performance of such military duty, until the setting of the sun of the same day on which the offense shall have been committed, and shall be subject to arrest and punishment by any court of competent jurisdiction, for a breach of the peace.

CHAPTER 46a.-Bureau of labor, census and industrial statistics.

SEC. 1021b. There is hereby created a bureau of labor, census and industrial statistics, with headquarters in the capitol building. for which stationery, postage, expressage, printing and facilities for transacting business shall be furnished the same as for other executive departments.

SEC. 1021c (as amended by chapter 89, acts of 1895). The term of office of the present commissioner of the bureau of census, labor and industrial statistics is hereby terminated, and upon the passage and publication of this act the governor shall, with the advice and consent of the senate, appoint a competent person to be commissioner of said bureau, whose term of office shall expire on the first Monday of February, 1897, and thereafter the term of office of said commissioner shall be for two years.

SEC. 1021d. The said commissioner shall have power to appoint a deputy at a salary not to exceed one hundred and twenty-five dollars per month, who, when acting for or instead of said commissioner, shall have and may exercise equal power and authority. He may also appoint a clerk at a salary not exceeding one hundred dollars per month, and a factory inspector who shall reside in Milwaukee, and be and work under the direction and control of the commissioner, at a salary of twelve hundred dollars per year and actual traveling expenses, stated under oath, while engaged in bureau work outside of Milwaukee.

SEC. 1021e. The duties of the said commissioner shall be, to collect, collate and publish statistics and facts relative to the manufactures, industrial classes and material resources of the State; and especially to examine into the relations between labor and capital, the means of escape from fire and protection of life and health in factories and workshops, the employment of illegal child labor, the exaction of unlawful hours of labor from women and children, the educational, sanitary, moral and financial condition of laborers and artisans, the cost of food, fuel, clothing and building material, the causes of strikes and lockouts, as well as kindred subjects and matters pertaining to the welfare of industrial interests and classes.

SEC. 1021f. The commissioner, his deputy, or the factory inspector shall have power to enter any factory, or workshop in which labor is emploved, for the purpose of gathering facts and statistics, or of examining the means of escape from fire, and the provisions made for the health and safety of operatives in such factory or workshop; and in case the officer of the bureau shall discover any violations of or neglect to comply with the laws in respect to child labor, hours of labor for women and children, fire escapes, and similar enactments now or hereafter to be made, he shall notify the owner or occupant of such factory or workshop, in writing, of the offense or neglect, and if such offense or neglect is not corrected or remedied within thirty days after the service of the notice aforesaid, he shall lodge formal complaint with the district attorney of the county in which the offense is committed or the neglect occurs, whereupon that officer shall proceed at once against the offender according to law.

SEC. 1021g. The factory inspector or any officer of the bureau, may examine hotels and lodging or boarding houses, for the purpose of discovering whether they are properly equipped with lawful fire escapes; and he may post in any hotel, lodging or boarding house so examined, the laws upon this matter, together with his official statement as to whether the said laws are fully complied with by said hotel, lodging or boarding house; and any hotel, lodging or boarding house keeper, or other person, who shall mutilate, destroy or remove from any building or buildings, the said laws or statement so posted, shall be fined fifty dollars for each and every offense, upon complaint of any officer of the bureau or any citizen. Whenever any hotel, lodging or boarding house, that has been posted, as not complying with the terms of the laws in respect of fire escapes, shall be properly provided and equipped with lawful fire escapes, and the bureau shall be notified thereof, the commissioners shall at once order a new statement setting forth that fact, to be posted in said hotel, lodging or boarding house; and the bureau shall keep a record of all buildings so examined and posted.

SEC. 1021h. The factory inspector or any officer of the bureau, may post in any factory or workshop examined by him, the laws now or hereafter to be made in respect of child labor, hours of labor, fire escapes, or other matters pertaining to the health and safety of artisans; and if the owner, manager or proprietor of such factory or workshop, or his agent, or any person whomsoever, shall remove, destroy or mutilate the laws so posted, he shall, on complaint of any officer of the bureau, or any citizen, be fined fifty dollars for each and every offense.

SEC. 10211. The said commissioner shall have power to prescribe blank forms, and transmit them to employers, which shall be filled out clearly and completely, under oath, by the persons to whom they are sent, with the facts, statistics and statements asked for, and returned to him within such reasonable time as he may fix. In case any owner or occupant, or his agent, shall refuse to admit any officer of the said bureau to his workshop or factory, he shall forfeit the sum of ten dollars for each and every offense, and if he shall, through his agent or otherwise, neglect, fail or refuse to fill out the said blank forms, and verify and return them as required, he shall forfeit the sum of ten dollars for each and every day the said blanks may be so delayed beyond the time fixed by the commissioner for their return. The forfeits named and provided in this act shall be sued for in the name of the State, by the district attorney of the proper county, upon complaint of any officer of said bureau, or any citizen, and shall be paid into the school fund.

SEC. 1021j. There shall be provided a seal of office for the use of the bureau, and the commissioner or his deputy, for the purpose of making any investigation contemplated by this act, shall have power to administer oaths, take testimony and subpoena witnesses, which witnesses shall receive the same fees as are allowed to persons testifying in circuit courts, to be paid out of the contingent fund of the bureau: Provided, however, That no person subpoenaed by the said commissioner or his deputy, shall be compelled to go outside of the city or town in which he resides to testify in behalf of such investigation.

SEC. 1021k. The commissioners shall report biennially to the governor, accompanying his report with such suggestions and recommendations as may be deemed wise and proper. * *

*

SEC. 10211. The compensation of the said commissioner shall be two thousand dollars per annum, and a sum not exceeding one thousand dollars per annum for traveling and contingent expenses, and a further sum of fifty dollars per annum for the purchase of books and periodicals on labor and industrial matters for the bureau library. There is hereby appropriated annually, out of any moneys in the treasury not otherwise appropriated, a sum sufficient to carry out the provisions of this act.

SEC. 1021m. The state factory inspector, his assistants, or any officer of the bureau of labor and industrial statistics, shall examine elevators used for carrying freight or passengers, or both, and shall condemn those found to be defective or unsafe by written notice given to the proprietor or owner, or the agent of either, or by posting said notice on the elevator walls or cab. And if any elevator so condemned shall be continued in use without repairs, and loss of limb or life result therefrom, the owner or proprietor so keeping it in use shall be held fully responsible, civilly and criminally, for said loss of limb or life.

SEC. 1021n. The said factory inspector, or any officer named in section 1 [1021m] of this act, shall have power to order bull wheels, fly wheels, tumbling ods, clevator wells, stairways, shafting or dangerous machinery of any kind to be guarded and protected, so as not to hazard the safety of workmen or visitors; any person refusing to obey his orders in this respect, shall be fined fifty dollars for each and every offense.

SEC. 10210. Whenever the state factory inspector, or his assistant, or any officer of the bureau of labor and industrial statistics, shall file complaint with any district attorney that any hotel, factory or public building or any structure whatsoever in his county is being used without fire escapes, watchmen or other means of safety prescribed by law, the said district attorney shall at once proceed against the offender according to law; and shall without the further aid or presence of the state factory inspector or the other officers named in this section, secure the necessary witnesses and evidence for the complete information of the jury. And in case he shall refuse so to do, the state factory inspector, or any oficer named in this act, may file charges against him with the governor, and ask his removal for willful neglect of duty and malfeasance in office.

CHAPTER 48.-Exemption from taxation.

SEC. 1038 (as amended by chapter 361, acts of 1891, and chapter 182, acts of 1893). The property in this section described is exempt from taxation, to wit:

11. Wearing apparel, family portraits, private libraries not exceeding in value the sum of two hundred dollars, kitchen furniture, and other household furniture not exceeding in value the sum of two hundred dollars, and also growing crops. 12. Provisions and fuel provided by the head of a family to sustain its members for six months; but no person paying board shall be deemed a member of a family.

CHAPTER 67.-Peddler's license-Mechanics exempt.

SEC. 1570 (as amended by chapter 81, acts of 1895). No person shall be allowed to travel from place to place within this State for the purpose of selling or exposing for sale, barter or exchange, at retail or to consumers, any goods, wares, merchandise, notions or other articles of trade whatsoever, whether by sample or otherwise, and whether said goods, wares, merchandise, notions or other articles of trade whatsoever are delivered at time of sale or to be delivered at some future day, unless he shall have obtained a license as peddler as herein provided; but this chapter shall not prevent any manufacturer, mechanic, nurseryman or farmer from selling his work or production by himself or employee; Provided, That such manufacturer or mechanic shall have actually manufactured the goods, and such nurseryman shall have actually raised the products so sold or offered for sale, or shall have owned and been in possession of the same for not less than three months next prior to said sale or offering for sale;

* * *

CHAPTER 69.-Intoxication of drivers of vehicles.

SEC. 1592. No person owning, or having the direction or control of any coach or other vehicle, running or traveling upon any road in this State for the conveyance of passengers, shall employ or continue in employment any person to drive such coach or other vehicle who is addicted to drunkenness, or to the excessive use of intoxicating liquors; and if any such person shall violate the provisions of this section, he shall forfeit five dollars per day, for all the time during which he shall have kept such driver in such employment.

SEC. 1593. Îf any driver, while actually employed in driving such coach or vehicle, shall be guilty of intoxication, the owner or person having the charge or control of such coach or other vehicle, sball, on receiving written notice of the fact, signed and sworn to by any passenger who witnessed the same, forthwith discharge such driver from such employment; and every person who shall retain or have in such service, within six months after the receipt of such notice, any driver who shall have been so intoxicated, shall forfeit five dollars per day for all the time during which he shall keep any such driver in such employment after receiving such notice.

CHAPTER 73a.-Factories-Doors to swing outward.

SEC. 1636c. All churches, public and private schoolhouses, hotels, factories, or other manufacturing establishments, constructed at any time after the passage of this act, shall be so constructed that the doors shall swing outward, or both in and out, as the builders thereof may elect.

CHAPTER 73a.-Tenement houses-Fire escapes, elevators, etc.

SEC. 1636d (as amended by chapter 355, acts of 1895). 1. Every inn, hotel, boarding house, storehouse or tenement building in this State, more than two stories

high and containing sleeping apartments, offices, theaters, or assembly halls, or work rooms, above the ground floor, designed for occupancy by twenty-five or more persons, shall be provided with one or more fire-proof stairs, or ladders outside, and to be placed in such position and in such number as may be designated by the chief of the fire department, fire marshal or state factory inspector; said stairs or ladders to be located on different sides of said inn, hotel, boarding house, storehouse or tenement building, in each case connecting the cornice with the top of the first story of any such building with a wrought iron platform, balcony, piazza or other safe and convenient resting place on a level with the floor of each story so connected, and of such length as to permit of access to the same from not less than two windows on each story. Such stairway or ladders herein named shall in every case be convenient of access from the interior of any such building, commodious in construction, and of sufficient strength and firmness to render the same amply safe and reliable for the purpose of ascent and descent in case of danger from fire. In all cities where there is a water supply, by either waterworks, fire engines or local pumping station, there shall be attached to the fire escape a three-inch wrought iron standpipe, extending from a point within five feet from the ground to a point three feet above the roof or cornice: at each story above the first and on the roof shall be attached a two and one-half inch angle hose valve, with male hose connection, and a double or siamese "Y" female hose connection at the base of the pipe, the threads of the same to conform to the size and pattern used by the fire department where located. But this act shall not be construed so as to apply to private buildings.

2. The inside walls or casings of every elevator for the conveyance of passengers to and from the upper stories of any such buildings, as is described in the preceding section [subsection] of this act [section], shall be constructed of fireproof material throughout.

3. In all inns, hotels, or other buildings herein before described, containing one hundred rooms or more, not less than one efficient watchman shall be on service from ten o'clock p. m., until five o'clock a. m., during each and every night that said inn, hotel or other building described is occupied, and every such watchman shall be required to establish the fact of his fidelity on each occasion, when on duty by the most efficient methods in use for that purpose.

4. In every inn, hotel, or other building herein before described, there shall be posted in every room, in legible print, a brief and accurate statement of all means of safety and escape in case of fire; a red light shall be kept burning all night, located at the head of each stairway above the first floor, also one on each floor above the first, at or near the exit to each of the stationary fire escapes.

5. Any owner, landlord or other person in charge of any building herein before described, and coming within the provisions of this act [section], who shall omit to comply with the provisions of this act [section], or who shall knowingly permit any violation of the provisions of this act [section], shall be held guilty of a misdemeanor in permitting the violation of any provisions of this act [section], and for such misdemeanor may be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding ninety days, on each conviction thereof. 6. It is hereby made the duty of every chief or fire marshal of the fire department of every incorporated town, village or city, where such an officer is provided for to enforce this act [section]. In such places as a chief or fire marshal is not provided for, the state factory inspector shall enforce this act [section]. Any person or persons failing to comply with the provisions of this act [section] within ninety days after being notified by the chief, fire marshal, or state factory inspector, shall be subjected to prosecution under this act [section]. Upon notice of failure of any person or persons to comply with the provisions of this act [section], having been filed with the district attorney by the officers herein named, it shall be the district attorney's duty to prosecute the party or parties before any competent tribunal; Provided, however, That none of the provisions in this act [section] shall apply to any buildings now erected and which are supplied with a reasonable fire escape, or fire escapes.

CHAPTER 73a. -Factories and workshops-Overcrowding, etc. (a)

SEC. 1636f. 1. No person, persons or corporation shall employ and put to work in any factory, workshop or other place of employment, or in any room or other part of such factory, workshop or other place of employment, more persons than the laws of health will warrant, as shall be determined by the board of health. 2. Every stationary vat, pan or other structure with molten metal or hot liquids

a See Decision, page 1340.