more than ($500) five hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than six months, or by both such fine and imprisonment.

Earnings of minors.

SECTION 3757. The wages of a minor employed in service may be paid him until the parent or guardian entitled thereto gives the employer notice that he claims such wages.

Employment of children—Certain occupations forbidden.

Payments valid until notice.

Acrobatic and mendicant occu

SECTION 8347. Any person, whether as parent, relative, guardian, employer or otherwise, having in his care, custody or control any pations. child under the age of sixteen years, who shall sell, apprentice, give away, let out or otherwise dispose of any such child to any person, under any name, title or pretense, for the vocation, use, occupation, calling, service or purpose of singing, playing on musical instruments, ropewalking, dancing, begging or peddling in any public street or highway, or in any mendicant or wandering business whatever, and any person who shall take, receive, hire, employ, use or have in custody any child for such purposes, or either of them, is guilty of a misde

meanor.

Employment of children in mines, etc.

SECTION 8349. Every person who receives or employs any child Penalty. under fourteen years of age in any underground works or mine, or in any similar business, is punishable by a fine not exceeding one thousand dollars.

NEBRASKA.

COMPILED STATUTES-1901.

Employment of children-School attendance.

SECTION 4853 (as amended by chapter 131, Acts of 1907). In school districts other than city and metropolitan city school districts every person having legal or actual charge or control of any child or children or youth not less than seven nor more than fifteen years of age shall, during each school year between the second Monday of July and the last Monday of June following, cause such child or children or youth to attend the public day schools for a period of not less than twelve weeks, and if the public day school of the school district in which said person or persons having charge or control of such child or children or youth may reside shall be in session during the school year between the second Monday of July and the last Monday of June following more than twelve weeks, then the person having legal control of such child or children or youth shall cause each of them to attend such public day school not less than two-thirds of the entire time that said school shall be in session during the school year as aforesaid; and in no case shall such attendance be for a less period than twelve weeks.

In city and metropolitan city school districts every person residing within such school district who has legal or actual charge or control of any child or children or youth not less than seven nor more than sixteen years of age shall cause such child or children or youth to attend the public day school for the full period each school year in which the public day schools of such school district are in session.

The portion of this act requiring attendance in public day school shall not apply in any case where the child or youth is, for a time equal to that required by this act, instructed in some private or parochial school; or in any case where the child is instructed at home or elsewhere by a person qualified to give instruction in the studies required to be taught in the public schools; or in any case where the child or youth, being of the age of fourteen years, is legally and regularly employed for his own support or the support of those actually depend

Attendance re

quired.

Exemptions.

ent upon him; or in any case where the child or youth is physically or mentally incapacitated for the work done in the schools; or in any case where the child or youth lives more than two miles from the school by the nearest practicable traveled road, unless free transportation to and from such school is furnished to such child or youth.

In case exemption is claimed on account of mental or physical incapacity, the school authorities shall have the right to employ a physician or physicians who shall have authority to examine such child or youth, and if such physician or physicians shall declare that such child or youth is capable of undertaking the work of the schools, then such child or youth shall not be exempt from the requirements of this act. In case exemption is claimed and granted on account of a child or youth of the age of fourteen years being legally and regularly employed for his own support or the support of those dependent upon him, such child or youth may, in the discretion of those charged with enforcement of this act, be required to attend a public evening school or some other suitable school for not less than two hours each school day and Evening schools. not less than three days each week for a school year of not less than twenty weeks.

*

Hours of labor.

Night work.

Schedule to be posted.

Seats.

Penalty.

Age limit.

Certificate.

Employment of women.

SECTION 6942a. No female shall be employed in any manufacturing, mechanical or mercantile establishment, hotel or restaurant in this State, more than sixty hours during any one week and ten hours shall constitute a day's labor. The hours of each day may be so arranged as to permit the employment of such females at any time from six o'clock a. m. to ten o'clock p. m.; but in no case shall such employment exceed ten hours in any one day.

SEC. 6942b. Every such employer shall post in a conspicuous place in every room where such females are employed, a printed notice, stating the number of hours' work required of them each day of the week the hours of commencing and stopping such work and the ours when the time or times allowed for dinner or for other meals begins and ends. Printed forms of said notice shall be furnished by the deputy labor commissioner, and the form of such notice approved by the attorney general of this State.

SEC. 6942c. Every such employer in such establishment, shall provide suitable seats for the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.

SEC. 6942d. Any employer, overseer, superintendent or other agent of any such employer who shall violate any of the provisions of this act, shall be fined for each offense in a sum not less than twenty dollars nor more than fifty dollars; and it is hereby made the duty of the deputy labor commissioner to enforce the provisions of this act: Provided, however, That nothing in this act shall be construed to prevent any other person from enforcing its provisions.

ACTS OF 1907.

CHAPTER 66.-Employment of children-General provisions.

SECTION 1. No child under fourteen years of age shall be employed, permitted or suffered to work in, or in connection with, any theater, concert hall, or place of amusement, or any place where intoxicating liquors are sold, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or workshop, or as a messenger or driver therefor, within this State. It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service whatever during the hours when the public schools of the town, township, village or city in which the child resides are in session.

SEC. 2. No child between fourteen and sixteen years of age shall be employed, permitted or suffered to work in any theater, concert hall, or place of amusement, or in any mercantile institution, store,

office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory, or workshop, or as a messenger or driver therefor within this State, unless the person or corporation employing him procures and keeps on file and accessible to the truant officers of the town or city, the State commissioner of labor and his deputies, and the members of the State board of inspection, an employment certificate as hereinafter prescribed, and keeps two complete lists of all such children employed therein, one on file and one conspicuously posted near the principal entrance of the building in which such children are employed. Upon the termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith transmitted by the employer to the city or county superintendent of schools of the county in which the child resides, and shall be turned over to the child named therein upon demand. Any truant officer, the State commissioner of labor, or his deputies, or any member of the State board of inspection may make demand on any employer in whose place of business a child apparently under the age of sixteen years, is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this section, that such employer shall either furnish him within ten days, evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such place of business. The same evidence of the age of such child may be required from such employer as is required on the issuance of an employment certificate as hereinafter provided; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer shall fail to produce and deliver to the truant officer, the State commissioner of labor, or deputy State commissioner of labor, or member of the State board of inspection, within ten days after demand for the same, such evidence of the age of any child as may be required of him under the provisions of this act, and shall thereafter continue to employ such child or permit or suffer such child to work in such place of business, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence, in any prosecution brought for a violation of this section, that such child is under sixteen years of age and is unlawfully employed.

Enforcement.

Approval of cer

SEC. 3. An employment certificate shall be approved only by the superintendent of schools of the school corporation in which the child tificates. resides, or by a person authorized by him in writing, or where there is no superintendent of schools, by a person authorized by the school district officers: Provided, That no school district officer or other person authorized as aforesaid shall have authority to approve such certificate for any child then in, or about to enter, his own employment, or the employment of a firm or corporation of which he is a member, officer or employee, or in whose business he is interested. The officer or person approving such certificate shall have authority to administer the oath provided for therein or in any investigation or examination necessary for the approval thereof. No fee shall be charged for approving any such certificate nor for administering any oath or rendering any services therein in respect thereto. The board of directors of each school corporation shall establish and maintain proper records where copies of all such certificates and all documents connected therewith shall be filed and preserved and shall provide the necessary clerical service for carrying out the provisions of this act.

SEC. 4. The person authorized to issue an employment certificate shall not issue such certificate until he has received, examined, approved, and filed the following papers, duly executed: (1) The school record of such child, properly filled out and signed as provided in this act, showing that the child has completed the work of the eighth grade of the public schools, or its equivalent, or is regularly attending night school in compliance with section eight (8) of this act. (2) A passport, or duly attested transcript of the certificate of birth or baptism, or other religious or official record, showing the date and place of birth of such child. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics, or other officer charged with

Issue of certificates.

the duty of recording births, shall be conclusive evidence of the age of such child. (3) The affidavit of the parent, or guardian, or custodian of a child, which shall be required, however, only in case none of the documents mentioned in clause two (2) of this section can be produced and filed, showing the place and date of birth of such child; which affidavit must be taken before the officer issuing the employment certificate. Such employment certificate shall not be issued until such child has personally appeared before, and been examined by, the officer issuing the certificate and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that, in his opinion, the child is fourteen years of age, or upwards, and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends Physical fitness. to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health, or by a physician provided by the State board of inspection. Whenever the person authorized to issue the employment certificate is in doubt about the age of a child, he may require the party or parties making application for the certificate to appear before the judge of the juvenile court, or county judge, where the question of the age of the child shall be determined and the judgment of the court shall be final and binding upon the person issuing the certificate. Notice of the hearing before the court shall be given to some one of the persons mentioned in section two authorized to demand inspection of employment certificates. Every employment certificate shall be signed in the presence of the officer issuing the same by the child in whose name it is issued.

Contents of certificates.

School record.

Lists to be forwarded.

Evening schools.

SEC. 5. Such certificate shall state the date and place of birth of such child and describe the color of the hair and eyes, the height and weight and distinguishing facial marks of such child and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined.

SEC. 6. The school record required by section four shall be signed by the teacher and principal of the school which such child has attended and shall be furnished, on demand to a child entitled thereto. It shall contain a statement certifying that the child has regularly attended the public schools, or schools equivalent thereto, or parochial schools for not less than three-fourths of the school year previous to his arriving at the age of fourteen years, or during the year previous to applying for such school record and is able to read and write simple sentences in the English language. It shall also state the amount of work completed by such child, measured by the grade of the public day schools in the city or county. Such school record shall also give the age and residence of the child as shown on the records of the school and the name of its parent, or guardian, or custodian.

SEC. 7. The superintendent of schools or the school directors of any village, town, or county, shall transmit between the first and tenth day of each month to the office of the State commissioner of labor a list of the names of the children to whom certificates have been issued.

SEC. 8. Regular attendance of a child at any public evening school, maintained in any city or village where instruction is given not less than twenty weeks each year and three evenings each week and two hours each evening, shall authorize the issuance of a certificate of employment where the schooling certificate fails to show that the child has completed the work of the eighth grade, required by section six: Provided, The schooling certificate and all other certificates are otherwise in due form and the applicant further produces a certificate from the superintendent, or principal, of such public evening school, showing the regular attendance of such child at such evening school: And provided further, Every child employed under such certificate shall furnish to his employer a weekly certificate showing regular attendance each week while the evening school is in session. Whoever employs a child in violation of the provisions of this section shall be fined not more than fifty dollars ($50.00) for each offense. A parent, guardian or custodian who permits a child under his control to be

employed in violation of the provisions of this section shall be fined not more than twenty dollars ($20.00).

SEC. 9. The age and schooling certificate provided for herein shall be made out upon blank forms furnished by the State commissioner of labor and shall be in the following forms:

SCHOOL ATTENDANCE CERTIFICATE.

(Name of school) (city or town) NEBRASKA, (date) 190– This certifies that (name of child) has completed the work of the --th grade, and can read and write legibly simple sentences in the English language.

This also certifies that according to the records of this school and in my belief, the said (name of child) was born at (city or town), in county, State of on the (date) and is now

years

and months old, and has attended said school within the past twelve months the following period

(Name of parent or guardian)

Forms.

(Signature)
(Signature)

(Residence)
teacher
principal

AGE AND SCHOOLING CERTIFICATE.

(City or town) NEBRASKA, (date) 190–

This certifies that I am the (father, mother, guardian or custodian) of (name of child) and that was born at State of

and is now

in

years and

county on the months old. (Signature of father, mother, guardian or custodian). (Name of city or town) NEBRASKA, (date) 190There personally appeared before me the above named (name of person signing) and being sworn testified that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge or belief.

I hereby approve the foregoing certificate of (name of child), height feet inches, weight pounds ounces, complexion (fair or dark) hair (color) eyes (color) having no sufficient reason to doubt that (he or she) is of the age herein certified.

I hereby certify that (he or she can or can not) read at sight and write legibly simple sentences in the English language, that said child has appeared before me and been personally examined by me; that all certificates and papers required by law have, in due form, been presented to, and approved by, me and the same have been placed on file. (In case the child is attending school insert here the following:)

I further certify that (he or she) is regularly attending the (name of school).

This certificate shall continue in force only so long as the regular attendance of said child at said school is certified weekly by a teacher thereof.

This certificate belongs to (name of child) and is to be surrendered to the superintendent of schools whenever (he or she) leaves the service of the person, firm or corporation holding the same as employer.

(Signature and official title of person
authorized to approve and sign.)

EVENING SCHOOL ATTENDANCE CERTIFICATE.

This certifies that (name of child) is registered in and regularly attends the evening school. This also certifies that according to the records of my school and in my belief (name of child) was born at (name of city or town) on the 1- and is now old.

day of

(Name of parent or guardian)

(Signature of teacher)
(Signature of principal)