Penalty.

Sanitation.

Same.

Toilet rooms.

Wash rooms.

Cuspidors.

SEC. 10679. Any architect, superintendent or other person or persons or body corporate, who may have charge of the erection, or may have the control or custody of any of the said buildings or places of resort mentioned in the preceding section, who shall refuse or fail to comply with the provisions of said section within six months from the passage of this article, in case of said buildings or places aforesaid which have been heretofore erected, and before the completion or occupation for said purposes of any of said buildings or places now in process of erection, shall, on proof of such refusal or failure before any court of competent jurisdiction, be adjudged to be guilty of a misdemeanor, and be punished by a fine of not less than one hundred nor more than one thousand dellars, which said fine shall be collected as is now provided by law for the collection of fines in such cases, and when collected shall be paid into and become a part of the public school fund of the county, city or incorporated town in which said misdemeanor was committed.

ACTS OF 1911.

Factory regulations-Bakeries, etc.

(Page 258.)

SECTION 1. Every building, room, basement, or cellar occupied or used as a bakery, confectionery, cannery, packing house, slaughterhouse, restaurant, hotel, dining car, grocery, meat market, dairy, creamery, butter factory, cheese factory, or other place or apartment used for the preparation for sale, manufacture, packing. storage, sale or distribution of any food, shall be properly lighted, drained, plumbed and ventilated and conducted with strict regard to the influence of such condition upon the health of the operatives, employees, clerks or other persons therein employed, and the purity and wholesomeness of the food therein produced; and for the purpose of this act the term, "food," as used herein, shall include all articles used for food, drink, confectionery, condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof.

SEC. 3. The ceilings of every bakery, confectionery, hotel and restaurant kitchen shall be well plastered, wainscoted or ceiled with metal or lumber and shall be oil painted or kept well lime washed and all interior woodwork in every bakery, confectionery, hotel, dining car, and restaurant kitchen shall be kept well oiled or painted with oil paints, and be kept washed clean with soap and water; and every building, room, basement or cellar, occupied or used for the preparation, manufacture, packing, storage, sale or distribution of food, shall have an impermeable floor made of cement or tile laid in cement, brick, wood or other suitable nonabsorbent material which can be flushed and washed clean with water.

SEC. 5. Every building, room, basement or cellar, occupied or used for the preparation, manufacture, packing, canning, sale or distribution of food, shall have convenient toilet or toilet rooms. separate and apart from the room or rooms where the process of production, manufacture, packing, canning, selling or distributing is conducted. The floors of such toilet rooms shall be of cement, tile, wood, brick or other nonabsorbent material and shall be furnished with separate ventilating flush or pipes, discharging into soil pipes, or on outside of the building in which they are situated. Lavatories and wash rooms shall be adjacent to toilet rooms, and shall be supplied with soap, running water and towels, and shall be maintained in a sanitary condition. Operatives, employees, clerks and all other persons, who handle the material from which food is prepared, or the finished product, before beginning work or after visiting toilets, shall wash their hands and arms thoroughly with soap and clean water.

SEC. 6. Cuspidors for the use of operatives, employees, clerks or other persons shall be provided whenever necessary, and each cus

pidor shall be thoroughly emptied and washed out daily with disinfectant solution and five ounces of such a solution shall be left in each cuspidor while it is in use. No operative, employee or other person shall expectorate on the floor or sidewalks of any building, room, basement or cellar where the production, manufacture, packing, storing, preparation or sale of any food is conducted.

SEC. 7. No person or persons shall be allowed to live or sleep in any room of a bakeshop, kitchen, dining room, confectionery or place where food is prepared, served or sold.

Sleeping, etc., in workrooms.

SEC. 8. No employer shall require, permit or suffer any person, Contagious and infectious disto work, nor shall any person work, in a building, room, basement. eases. cellar or vehicle occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution and transportation of food, who is affected with any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis or consumption, bubonic plague, Asiatic cholera, eczema or other skin diseases, leprosy, eye disease, typhoid fever (epidemic), epidemic dysentery, measles, mumps, German measles (Rothein), whooping cough, chicken pox or any other infectious disease.

SEC. 9. The State [food] and drug commissioner and his assist- Inspection. ants or agents by him appointed, the State, county, city and town health officers shall have full power at any time to enter and inspect every building, room, basement or cellar, occupied or used, or suspected of being used, for the production for sale, manufacture for sale, storage, sale, distribution or transportation of food and all utensils, fixtures, furniture and machinery used as aforesaid, and if upon inspection any food producing or distributing establishment, conveyance, employer, operative, employee, clerk, driver or other person is found to be violating any of the provisions of this act, or if the production, cooking, preparation, manufacture, packing, storing, sale, distribution or transportation of food is being conducted in a manner detrimental to the health of the employees and operatives and the character or quality of the food therein being produced, manufactured, packed, stored, sold, distributed or conveyed, the officer or inspector, making the examination or inspection, shall furnish evidence of said violation to the prosecuting attorney of the county in which the violation occurs, and it shall be the duty of all prosecuting attorneys to represent and prosecute, in behalf of the people, when called upon by the food and drug commissioner to do so, all such cases of offense[s] arising under the provision of this act. When complaint is made by the said food and drug commissioner, security for costs shall not be required of the complainant in any case at any time of the prosecution or trial.

ΜΟΝΤΑΝΑ.

REVISED CODES-1907.

Commissioner of agriculture, labor, and industry-Inspection of factories, etc.

SECTION 284. The commissioner shall have the power to administer oaths, have and use a seal, with power, to examine witnesses under oath to take depositions or cause the same to be taken by anyone authorized to take depositions, and said commissioner may deputize any male citizen over the age of twenty-one years to serve subpoenas upon witnesses who shall be summoned in the same manner as witnesses before the district court, and any person or owner, operator, or lessee of any mine, factory, workshop, smelter, mill, warehouse, elevator, foundry, machine shop or other establishment, any agent or employee of such owner, operator, manager or lessee, who shall refuse to said commissioner admission therein for the purpose of inspecting, or who shall when requested by him willfully neglect or refuse to furnish to him any statistics or other information relating to his lawful

Powers.

be

of

duties, which may be in their possession or under their control, or who shall willfully neglect or refuse for thirty days to answer questions by circular or by personal application, or who shall knowingly answer such questions untruthfully or who shall refuse to obey any such subpoenas and give testimony according to the provisions of this act, shall for every such willful neglect or refusal be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than fifty nor more than one hundred dollars: Provided, That no witness shall be compelled to answer questions respecting his private affairs nor to go outside of his own county to give testimony.

Inspection of steam boilers.

SECTION 1639. There must be appointed by the governor, by and with the advice and consent of the senate, one inspector of boilers, whose duty it is to inspect all steam boilers now in use in the State, not subject to inspection under the laws of the United States, and to examine and grant licenses to steam engineers intrusted with the care and management of steam boilers and steam machinery. The salary of the inspector of boilers is twenty-four hundred dollars per year, and his term of office is four years, unless sooner removed by the governor. The inspector of boilers must execute an official bond in the sum of five thousand dollars. SEC. 1640. No person is eligible to hold the office of inspector of boilers and steam machinery who has not had at least five years of actual practice in the operations of steam engines, steam boilers and steam machinery, or who is directly or indirectly interested in the manufacture or sale of boilers or steam machinery, or any patented article required to be sold or in general use in the construction of steam boilers or steam engines.

SEC. 1641 (as amended by chapter 10, Acts of 1911): There shall be three assistant inspectors of boilers, each of whom shall be called assistant inspector of boilers. Such assistant inspectors must be persons who have had at least four years practical experience in the operation of steam engines and boilers and must be persons of temperate habits and good character and qualified to perform the duties of their office. They shall be appointed by the governor, by and with the advice and consent of the senate, and be subject to removal at the will of the governor. The salary of each assistant inspector shall be $2100.00 per year. Each assistant inspector must execute an official bond in the sum of $2500.00.

There shall be a clerk to the State boiler inspector to be appointed by the governor who shall also perform the duties of clerk of the State quartz mine inspector and clerk of the State coal mine inspector. The salary of the clerk to the boiler inspector shall be $1500.00 per year and the clerk must execute an official bond in the sum of $2000.00.

SEC. 1642. The inspector of boilers must have his office at the seat of government, and must adopt rules as nearly uniform as possible for the inspection of steam boilers, and prescribe the nature and extent of the examination of applicants for licenses and adopt such rules for the issuing thereof as are required by the provisions of this article, and must adopt such rules as he may deem necessary to carry into effect the provisions of this article, and distribute copies of such rules among the engineers, superintendents of mines and mining companies of the State, and all persons having charge or control of steam machinery.

SEC. 1643. The inspector of boilers must inspect all steam boilers and steam generators before the same are used, except in the case of new boilers, which must be inspected within ninety days after they are put in use, unless accompanied by a certificate that such boiler has been inspected by a regular State inspector, and all boilers must be inspected at least once in every year. And the inspector of boilers must subject all boilers to hydrostatic pressure,

and satisfy himself by a thorough internal and external examination, that the boilers are well made and of good and suitable materials; that the openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat are of the proper dimensions and free from obstructions; that the flues are circular in form; that the fire line of the furnace is at least two inches below prescribed minimum water line of the boilers; that the arrangement for delivering the feed water is such that the boilers can not be injured thereby, and that such boilers and their steam connections may be safely employed without danger to life.

SEC. 1644. He must also satisfy himself that the safety valves Safety valves. are of suitable dimensions, sufficient in number and area, and properly arranged, and that the safety valve weights are properly adjusted, so as to allow no greater pressure in the boilers than the amount prescribed by the inspection certificate; that there are a sufficient number of gauge cocks properly inserted to indicate the amount of water, and suitable gauges that will correctly record the pressure of steam; and adequate and certain provisions for an ample supply to feed the boilers at all times, and that suitable means for blowing out are provided, so as to thoroughly remove the mud and sediment from all parts of the boilers when they are

under pressure of steam. In subjecting boilers to the hydrostatic Maximum prestest, the inspector must assume one hundred and twenty-five sure. pounds to the square inch as the maximum pressure allowable as a working pressure for new boilers of forty-two inches in diameter, made in the best manner, of plates one-fourth of an inch thick, and of good material; but the inspector must rate the working power of all high-pressure boilers according to their strength as compared with this standard, and in all cases the test applied must exceed the working pressure allowed, in the ratio of one hundred to seventy-five. Should the inspector be of the opinion that any boiler, by reason of its construction, or material, will not safely allow so high a working pressure, or will allow a greater working pressure than is herein provided, he may, for reasons to be stated specifically in his certificate, fix the pressure of such boiler at more or less than three-fourths of the test pressure, as the case may be.

Use of bad ma

SEO. 1645. No boiler or steam pipe, nor any of the connections thereto must be approved which is made in whole or in part of terial, etc. bad material, or is unsafe from any cause. Nothing herein shall be construed to prevent the use of any boiler or steam generator which may not be constructed of riveted iron or steel plates, when the inspector has satisfactory evidence that such boiler or steam generator is equal in strength to and as safe from explosion as boilers of the best quality, constructed of iron or steel plates. In any case where for good cause the inspector is unable to make any such inspection or examination of any steam boiler, it is the duty of the assistant inspector to proceed and act in accordance with the requirements of this article as fully as the inspector is empowered to do.

SEC. 1646. In addition to the annual inspection, it is the duty of the inspector, or of the assistant inspector, to examine at proper times, when in their opinion such examination is necessary, all such boilers as shall have become unsafe from any cause, and to notify the owner or the person using such boilers of any defect and what repairs are necessary to render them safe.

Additional in. spections.

Access to boil

ers.

SEC. 1647. It is the duty of the owners or managers of steam boilers to allow the inspectors free access to the same, and the engineer operating the same must assist the inspectors in their examinations and point out any defects they may know in the boilers or machinery in their charge. Any engineer not complying with this section shall have his license revoked or be suspended. SEC. 1651. In making the inspection of boilers and machinery herein provided for, the inspectors may act jointly or separately; may be joint or but the inspector or assistant inspector, making such inspection, separate. must in all cases subscribe ond [and] make oath to the certificate of inspection, and report such action. Any inspector or assistant False certificate. -62

49450°-S. Doc. 645, 62-2, vol 19

Inspections

Cre

inspector who willfully and falsely certifies regarding any steam boilers or their attachments, or grants a license to any person to act as engineer, contrary to the provisions of this article, is punishable under the provisions of section 8446, of the Penal Code.

SEC. 1655. This article does not apply to locomotives in Montana, nor to boilers used for heating purposes in private residences, nor to any boiler having a capacity of only five horsepower or less; nor are locomotive engineers or persons operating any of the engines or boilers herein exempted from the operation of this article, required to procure licenses from the inspector or assistant inspectors. It shall be the duty of the owner or user of any traction engine or boiler on wheels, other than locomotives, to notify the inspector of the location of such boiler on or before the first day of June in each year. Any owner or user of such engine or boiler failing to so notify the inspector shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars.

SEC. 1659. Any person who offers for sale within this State a boiler subject to the provisions of this article, which has been in use and is out of service, or who brings into the State and places in service any such boiler which has heretofore been in use in any other State, without first notifying the boiler inspector, and having such boiler inspected, and securing from the inspector a certificate of such inspection, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each offense.

SEC. 8468. Every person who violates any of the provisions of [sections 1639 to 1659, inclusive] of the Political Code, relating to boiler inspection, except as otherwise provided, is guilty of a misdemeanor.

NEBRASKA.

COMPILED STATUTES-1901.

Bureau of labor census and industrial statistics.

SECTION 3310. 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. 3311. The governor of this State is hereby made commissioner of said bureau.

SEC. 3312. Said commissioner shall have the power to appoint a deputy at a salary of fifteen hundred dollars per annum, who, when acting for or instead of said commissioner, shall have and may exercise equal power and authority subject to the approval of the commissioner.

SEC. 3313. The duties of said commissioner shall be to collect, collate, and publish statistics and facts relative to manufacturers, 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, mines and other places of industries, the employment of illegal child labor, the exaction of unlawful hours of labor from any employee, 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. 3314. The commissioner or his deputy shall have power to enter any factory or workshop in which labor is employed, for the purpose of gathering facts and statistics, or of examining the means for escape from fire, and the provisions for the health and safety of operatives in such factory or workshop. He may also post in such factory or workshop the laws now, or hereafter to be, made in respect to child labor, fire escapes, hours of labor, or