can not be conveniently constructed, other safe means of hoisting the persons employed in any such mine must be kept ready at all times, so as to Le available in case of accident to the regular hoisting shaft, or machinery in use at the same. SEC. 6. It shall be the duty of the foreman, cager or whosoever may have charge of the bottom of any shaft, to give the proper signal to the top man and engineer, whenever any six employees who work therein are ready to ascend, by day or night, and for the makings of such ascent it shall be the duty of the bottomer or cager to give them an empty cage by which they can ascend. And every road on which persons travel underground where the coal is drawn by mules, or other powers, shall be provided at intervals of not more than thirty feet with sufficient manholes for places of refuge.

SEC. 7. It shall be the duty of the owner, lessee or operator of every mine to provide and maintain airways of sufficient dimensions, and in no case shall the area of the air course be less than thirty-six feet in mines operated on room and pillar system.

SEC. 8. Standing or stagnant water shall not be allowed to remain in air courses, entries, traveling ways, or rooms. Obstructions of any kind must not be placed in crosscuts, rooms or entries used as airways. And in case of a fall of roof, or where the sides of such airways cave in, it shall be the duty of the mine boss or agent in any such mines to cause such falls or obstructions to be removed immediately and the roof and sides made secure.

SEC. 9. All main airways in any of the underground workings in the State of Kansas shall be examined at least twice per week by the mine boss or agent, or some other competent person so directed by said mine boss or agent, and a report of such inspection shall be forwarded to the office of the state inspector of mines at least once a month.

SEC. 10. It shall be the duty of the mine boss or agent in charge of any mine where coal dust or any other inflammable ingredients may accumulate to cause the same to be properly sprinkled or saturated once a day, and oftener if necessary, in either air courses, entries, rooms, or crosscuts.

SEC. 11. No employee or other person in mines is allowed to leave trapdoors or air gates open any longer than while passing through said gates or doors. And any person who accidentally or otherwise tears down any brattice cloth must immediately notify the mine boss or the individual having supervision of the air in such mine, and the same must be replaced as soon as notice thereof is given to the mine boss or person in charge of the air.

SEC. 12. No person employed in any mine shall use any kind of oil other than lard oil or cotton-seed oil for lighting purposes, except when repairing downcast or upcast shafts.

SEC. 13. The inspector of mines is duly authorized to enforce the provisions of this and all other acts relating to mines or mining; and he is hereby empowered to institute proceedings in the name of the State of Kansas against any winer, owner, agent, lessee or operator of any mine, or any employee employed therein, who refuse to comply with the provisions of this act after ten days' notice. The inspector is hereby empowered, in all cases where mines are not worked or operated in strict accordance with this act, to order the employees employed in such mine to suspend operations, and if, in his judgment, there is immediate danger, he can order such mine to suspend operation until the matter of which he complains in relation to this act is complied with.

SEC. 14. The inspector is hereby authorized to furnish every mine owner, agent. lessee or operator of every mine, which he knows to be in operation, with a printed copy of this act, which shall be kept conspicuously posted at or near the top of any of said mines, and it shall be the duty of the mine Loss or agent in charge to call the attention of the miners or others employed to the provisions of this act.

SEC. 15. In case of noncompliance with sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this act by any owner, operator, agent or lessee of any mine, or any miner or other employee working therein, upon whom any duty is cast by any of said sections, he shall be deemed guilty of a misdemeanor, and shall, upon conviction of the same, for each offense, be punished by a fine of not less than one hundred dollars and not to exceed three hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days and not to exceed ninety days, or by both such fine and imprisonment, in any court having competent jurisdiction: Provided, That this act shall be construed as to effect or apply only to the coal mines of this State or any person or persons operating or owning such coal

mines.

KENTUCKY.

CONSTITUTION.

Local or special laws regulating labor, etc., not to be passed.

SECTION 59. The General Assembly shall not pass local or special acts concerning any of the following subjects, or for any of the following purposes, namely:

24. To regulate labor, trade, mining or manufacturing.

*

SEC. 91. A *

Commissioner of agriculture, labor and statistics.

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*

* *

*

*

commissioner of agriculture, labor and statistics, * shall be elected by the qualified voters of the State at the same time the governor is elected, for the term of four years, [who] shall be at least thirty years of age at the time of his election, and shall have been a resident citizen of the State at least two years next before his election. The duties of shall be such as may be prescribed by law,

SEC. 148. *

* *

The General Assembly shall provide by law that all employers shall allow employees, under reasonable regulations, at least four hours on election days, in which to cast their votes.

SEC. 170. There shall be exempt from taxation household goods and other personal property of a person with a family, not exceeding two hundred and fifty dollars in value; crops grown in the year in which the assessment is made, and in the hands of the producer; * * *.

Importation of men for police duty prohibited.

SEC. 225. No armed person or bodies of men shall be brought into this State for the preservation of the peace or the suppression of domestic violence, except upon the application of the General Assembly, or of the governor when the General Assembly may not be in session.

Employment of children.

SEC. 243. The General Assembly shall, by law, fix the minimum ages at which children may be employed in places dangerous to life or health, or injurious to morals; and shall provide adequate penalties for violations of such law.

Payment of wages. (a)

SEC. 244. All wage-earners in this State employed in factories, mines, workshops, or by corporations shall be paid for their labor in lawful money. The General Assembly shall prescribe adequate penalties for violations of this section.

Convict labor.

SEC. 253. Persons convicted of felony and sentenced to confinement in the penitentiary shall be confined at labor within the walls of the penitentiary; and the General Assembly shall not have the power to authorize employment of convicts elsewhere, except upon the public works of the Commonwealth of Kentucky, or when, during pestilence or in case of the destruction of the prison buildings, they cannot be confined in the penitentiary.

SEC. 254. The Commonwealth shall maintain control of the discipline, and provide for all supplies, and for the sanitary condition of the convicts, and the labor only of convicts may be leased.

2352-23

a See Decision, page 1281.

STATUTES OF 1894.

CHAPTER 1.-Strikes-Liability of cities for injuries to property by mobs. SECTION 8. If, within any city, any church, convent, chapel, dwelling-house, or house used or designed for the transaction of lawful business, or ship or shipyard, boat or vessel, or railroad, or property of any kind belonging to any street or other railroad company, or any article of personal property, shall be injured or destroyed, or if any property therein or thereon shall be taken away or injured by any riotous or tumultuous assemblage of people, the full amount of the damages so done shall be recoverable by the person injured by action against the city if the authorities thereof have the ability of themselves or with the aid of their own citizens to prevent such damage; but no such liability shall be incurrred by such city unless the authorities thereof shall have had notice or good reason to believe that such riot or tumultuous assemblage was about to take place, or having taken place, shall have had notice of the same in time to prevent said injury or destruction, either by their own force or by the aid of the citizens of such city. No persons shall maintain such action who shall have unlawfully contributed by word or deed toward exciting or inflaming such tumult or riot, or who shall have failed to do what he reasonably could toward preventing, allaying or suppressing it.

CHAPTER 4.-Bureau of agriculture, labor and statistics.

SEC. 31. A bureau of agriculture, labor and statistics is established, and shall be under the management of an officer, who shall be known as the commissioner of agriculture, labor and statistics. In one thousand eight hundred and ninetytwo 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 ye ars 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.

SEC. 32. The commissioner shall keep his office at the seat of government, 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.

SEC. 33. The efforts of the bureau shall be directed to the promotion 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 school-houses 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.

SEC. 34. The auditor of public accounts, assessors of the several 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.

SEC. 35. The commissioner shall furnish to the publishers of newspapers 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.

SEC. 36. He shall, before the assembling of each regular session of 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 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. 38. Such person or persons shall be selected by the board aforesaid as, in their judgment, are best qualified and equipped to go into those counties in the State, and in those parts of said counties where facts and information are most needed by the farmers, and where their opportunities have been few, and where they are not able to buy books or to take agricultural papers; and such person or persons so sent out among the farmers, shall give public lectures at the most public places in said sections of the counties, and shall scatter agricultural literature when such lectures are made.

SEC. 39. The commissioner is authorized to expend such sums out of the appropriation made for the bureau as he may deem necessary in the payment of such premiums as he may offer to encourage the agricultural industry of the State; and may expend such portion thereof as, in his judgment, is prudent and necessary in the distribution of any seeds that the United States Government may desire to introduce into this State, and in the purchase, importation and exchange of any seeds that he may deem of value to the agricultural interests of the State, and in the analyzation of soils in different parts of the State in the interest of agriculture; but it is not obligatory upon him to expend any portion of the appropriation unless, in his judgment, it is necessary to do so in furtherance of the objects for which the bureau is designed.

SEC. 40. He shall make out a monthly itemized account of the expenses of his office, including the manner and amount of expenditures made by him, and submit the same to the governor for his approval, and upon his approval he shall authorize the auditor of public accounts to draw his warrant on the treasurer for the amount.

SEC. 41. The commissioner is allowed a clerk or clerks, to be selected 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 appropriated, uot 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.-Certain employments of children forbidden.

SEC. 326. A person who, for gain or reward, employs or causes to be employed, or who exhibits, uses, or who has in his custody for 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 than twenty dollars, or confined in the county jail or work-house, in counties having a work-house, 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.

CHAPTER 30.-Marking of convict-made goods.

SEC. 524. All goods, wares and merchandise made by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed in any State, except the State of Kentucky, and imported, brought or introduced into the State of Kentucky, shall, before being exposed for sale, be branded, labeled or marked as herein before provided, and shall not be exposed for sale in any place within this State without such brand, label or mark.

SEC. 525. The brand, label or mark hereby required shall contain, at the head or top thereof, the words "convict made," followed by the year and name of the penitentiary, prison, reformatory or other establishment in which it was made, in plain English lettering, of the style and size known as great primer Roman condensed capitals. The brand or mark shall in all cases, where the nature of the article will permit, be placed upon the same, and only where such branding or marking is impossible shall it be placed upon the box or other covering of the same, or be attached to the article as a label. Said brand or mark shall be placed upon the most conspicuous part of the article or its covering, and said label, when used instead of a brand or mark, shall be attached in the most conspicuous place. SEC. 526. It shall not be lawful for any person dealing in this State in any such convict-made goods, wares or merchandise manufactured in any State, except the State of Kentucky, knowingly to have the same in his possesion for the purpose of sale, or to offer the same for sale, without the brand, mark or label required by this act, or to remove or to deface such brand, mark or label. Any person offending against the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, or to be imprisoned for a term not exceeding twelve months, or both, in the discretion of the jury or court trying the case.

CHAPTER 32.-Safety appliances on railroads.

SEC. 776. No bridge or passway hereafter constructed over any railroad, except in cities having power under their charters to regulate the height of such bridges or passways, shall be at a less height than twenty-two feet above the track of the road, unless by the written authority of the commission; and whenever there shall be over any railroad a bridge, tunnel or other obstruction, at a height of less than seven feet above the roof of the freight cars used or hauled on said road, it shall be the duty of the officers of such road to erect and keep in repair, at or near such bridge, tunnel or obstruction, and on each side thereof, a rod or beam placed across the track, at such height and at such distance from the bridge, tunnel or obstruction as the railroad commission shall direct; and from such rod or beam shall be suspended straps, ropes or cords, of such length as the commission may determine, and not greater than six inches apart, for the space of eight feet directly over the track.