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The department of labor (whose duties include the enforcement of the child-labor law) is reorganized with eight bureaus, including a bureau of inspection and a bureau of hygiene and sanitation.
1916.C 40 and 54. Compare C S 1910 v 3 (Labor) s 60 p 3034 as amended by 1912 C 117, C S 1910 v 3 (Labor) s 61 p 3035, and 1914 C 236 s 3 for provisions concerning former organization of the department with reference to enforcement of the child-labor law.
New York.—The employment-certificate provisions of the childlabor law are amended, amendments to take effect February 1, 1917. A child who is 14 years of age but under 15 may not receive an employment certificate unless he has completed the course of the public elementary schools or its equivalent. Children 15 but under 16 may receive certificates if they have completed only the sixth grade as formerly required for children of both 14 and 15. The former specific permission to accept a certificate of graduation as evidence of age
is omitted. The officer issuing certificate upon documentary evidence of age other than birth certificate, graduation certificate, passport, or baptismal certificate was formerly instructed to file with the local board of health for its approval a signed statement showing the facts “together with such affidavits or papers as may have been produced before him constituting evidence"; the words “affidavits or” are now omitted. Formerly the evidence had to be approved by the board of health at a regular meeting; now the commissioner of health, or, if officially authorized, the issuing officer himself may approve the evidence, a record of which must be entered on the minutes of the next meeting of the board. As before, in first-class cities [New York City, Buffalo, and Rochester], if no satisfactory documentary evidence of age can be produced, a physician's certificate as to age may be accepted as evidence, but the waiting period after an application for such a certificate is reduced from 90 to 60 days. The literacy requirement which the issuing officer must state that the child has satisfied is changed from “to read and legibly write" simple English sentences to “ to read and write correctly” simple English sentences.
1916 C 465 s 1 amending C L 1909 (Labor) ( 31 s 71 as amended by 1912 ( 333; 1916 C 465 s 2 amending C L 1909 (Labor) C 31 s 163 as amended by 1913
See also C L 1909 (Labor) C 31 ss 73, 165, both as amended by 1913 C 144.
New York provides that posing in connection with making of a motion-picture film is prohibited to a child under 16 unless a special permit is secured from mayor of city or president of board of trustees of village. Formerly this provision for permit applied only to children under 16 employed in theatrical exhibitions or as musicians in concerts. The application for permit for a child to be employed in making of a motion-picture film must be accompanied by detailed statement of just what the child is to be required to do.
1916 C 278 amending ( L 1909 (Penal) C 40 s 485.
Rhode Island. It is provided that a child's employment certificate shall be kept on file at the issuing office until that office receives a written statement from the employer agreeing to employ the child lawfully and to return the certificate to the issuing office within five days after termination of employment. The certificate shall be then delivered to the employer and in no case to the child. Formerly the certificate was delivered to the child upon issuance, and, if he so demanded, given back to him by the employer upon termination of employment. The compensation for each of the two physicians appointed to examine applicants for certificates in Providence is increased from $750 to $1,200 per annum.
1916 ( 1358 and 1378 both amending G L 1909 C 78 s 1 as amended by 1915 C 1253.
South Carolina.—The minimum age for employment in a factory, mine, or textile establishment is raised from 12 to 14 years. [The section of the former act which required work permits for children under 14 is not changed, and the amended act includes no provision for work permits for children 14 and over.]
1916 No 361 amending 1912 Criminal Code C 16 s 422. See also 1912 Criminal Code C 16 S 426.
The law fixing maximum hours of not more than 11 per day and 60 per week for work in cotton and woolen manufacturing establishments, except for certain employees [mechanics, engineers, firemen, watchmen, teamsters, yard employees, or members of clerical force], is amended by placing restrictions upon the making up of lost time and by adding a new provision for posting regular hours and special hours to be worked under exemption clauses. 1916 No 547 amending Criminal Code 1912 C 16 S 421.
South Carolina limits to 10 hours per day the work of any employee [whether minor or adult] of an interurban railway operating 40 miles or less, and permits exemption in case of accident or unavoidable delay.
1916 No 544.
Virginia.-Among the amendments to the law regulating employment agencies is the provision that any bureau or agency which knowingly sends any female to any place of bad repute shall be deemed guilty of a felony, punishable by fine of from $100 to $1,000, or imprisonment of from 1 to 10 years, or both fine and imprisonment. [Compare with other provisions according to which any person over 18
who sends or causes to be sent any child under 18 to any house of prostitution is guilty of a misdemeanor and subject to fine of not more than $500, or imprisonment not exceeding one year, or both.]
1916 C 168 amending 1910 C 155. Compare 1914 C 350.
For provisions making unnecessary the law prohibiting employment of a minor in a saloon [1910 C 190], see new law prohibiting sale of liquor [1916 C 146, summarized on page 14).
COMPENSATION FOR INJURED MINOR.
United States.-Congress, in the workmen's compensation act applying to Federal employees, enacted in 1916, provides [s 6] that “in the case of persons who at the time of the injury were minors
and who were not physically or mentally defective, the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity.” 39 Stat L C 458 p 742 (Act of Sept 7, 1916).
Kentucky. A workmen's compensation law is passed which includes the following provisions: A minor, unless employed in willful violation of a State law regulating employment of minors, shall be deemed sui juris for purposes of the act, and no other person shall have cause of action by reason of the employee's minority, but in the event of the award of lump-sum compensation to such minor payment shall be made to his guardian. In case of a minor employed in willful and known violation of a State law, his statutory guardian or personal representative may claim compensation under terms of the act or may sue to recover damages as if the act had not been passed. 1916 C 33 ss 11, 30.
New York. In the revision of the workmen's compensation law it is provided [s 2 of amended act] that a minor employee shall be deemed sui juris for the purposes of election as to accepting provisions of the act.
1916 C 622 amending 1913 ( 816 as reenacted by 1914 C 41.
Porto Rico.-A workmen's compensation law is passed which specifically provides [s 32] that a child or a woman who is employed is on the same footing as a man in regard to the provisions of the act. 1916 No 19.
Georgia.–School attendance is required of all children between the ages of 8 and 14 years for four months each year, beginning with opening of the first term, but exemptions are permitted under the following conditions: (1) If child has completed the fourth grade; (2) if because of poverty his services are necessary for the support of a parent or other member of his family dependent on his services;
(3) if the parent is too poor to provide textbooks and clothing; (4) if child's mental or physical condition renders attendance inexpedient; (5) if there is no school within 3 miles; or (6) if" for other good reason (the sufficiency of which shall be determined by the board of education of county or city or town in which child resides) the said board excuses the child from such attendance.” School boards are specifically authorized to take into consideration the seasons for agricultural labor and the need for such labor in authorizing the excuse of children in farming districts. A parent, guardian, or other person willfully failing to send chiļd to school is guilty of misdemeanor and may be punished by fine not exceeding $10 for first offense and $20 for each subsequent offense. Punishment may be suspended by court if parent immediately places child in school. It is the duty of the principal or teacher in charge to report monthly to board of education having supervision of school on attendance of pupils, and the duty of the county or municipal board of education to investigate attendance and nonattendance and to institute proceedings for violations of act. No provision is made for attendance officers. Heretofore Georgia had no compulsory schoolattendance law. 1916 No 576 p 101.
Kentucky. In the revision and codification of the common-school law provision is made for a biennial school census instead of an annual one, as formerly.
1916 C 24 repealing and reenacting certain sections of St 1915 ( 113 (ss 4363-4535h). Compare 1916 C 24 ss 90, 94, 207 with St 1915 ss 4426a.5, 4432, 4449, 4523. See also St 1915 ss 2978a.35, 2978c.10.
The title of the chief truant officer in first-class cities [Federal census of 1910, Louisville only] is changed to director of attendance, and the supervision of the school census in his city, under direction of board of education, is included in his duties. 1916 C 121 amending St 1915 s 2978c.6.
Louisiana. A compulsory school-attendance law applying to the entire State except the parish of Orleans is passed. The law formerly applying outside of the parish of Orleans affected only cities of over 25,000 inhabitants. It required school attendance of children between 8 and 14 years of age with exceptions. The new law requires the attendance of every child between 7 and 14 years of age, both inclusive, for a minimum of 140 days, or for the entire session if that is less than 140 days. Children must enter not later than two weeks after the beginning of the term. Children who in the judgment of the parish school board are within the following classifications are exempted: (1) Children mentally or physically inca
pacitated; (2) those who have completed the elementary course; (3) those who live more than 24 miles from a school of suitable grade and for whom free transportation is not furnished by the school board; (4) those for whom adequate school facilities are not provided; and (5) those whose services are needed to support a widowed mother. The law specifies a penalty for the parent in case of violation, but provides that nonattendance due to truancy of child instead of to neglect of parent shall be considered delinquency, and that in such cases the child shall be brought before the juvenile court. The new law, like the old, contains no provision for enforcement or for appointment of attendance officers. The compulsory schoolattendance law for the parish of Orleans, which is not affected by the legislation of 1916, applies with certain exemptions to children 8 to 14 years of age, inclusive, and to those from 14 to 16 who are not regularly and lawfully employed at least six hours daily. It provides for the appointment of attendance officers and has no poverty exemption clause. 1916 A 27 repealing 1914 A 91. See also 1910 A 222 as amended by 1912 A 232.
Maryland.—The laws relating to public education are amended and codified. The following amendments and additions are included:
The State board of education shall prescribe, with advice of the State superintendent of schools, the rules and regulations for taking a biennial school census of all children 6 to 18 years of age, inclusive. This census shall be taken under the direction of county boards of education and county superintendents. The only former school-census provision, requiring in Baltimore city an annual census of all children 6 to 18 years of age, inclusive, is not changed by the new law. The State superintendent of schools may cause the census of Baltimore city or of any county to be retaken if he believes it has not been correctly taken.
At least one attendance officer shall be appointed in each county by the county board of education on nomination of the county superintendent and subject to the written approval of the State superintendent. The law formerly permitted but did not require the appointment of attendance officers except in Baltimore city. The Baltimore provisions are not changed by the 1916 law.
Elementary schools for white children shall be kept open for not less than 180 school days, and, if possible, for 10 months each year. The law formerly required" for 10 months each year if possible.” The minimum annual term for colored elementary schools is fixed at 140 school days, or 7 months. There was formerly no minimum term for colored schools.