occupancy of any factory, workshop or mill or store or other aforesaid occupation or establishment where children, young persons or women are employed the occupant shall notify the inspector in writing of such occupany. Failure to do this shall constitute a misdemeanor and shall be punishable by a fine of not less than $10 nor more than $25 or by imprisonment in the Parish Jail (Parish Prison in New Orleans) for not less than ten days nor more than thirty days, or both, in the discretion of the Court.

SEATS TO BE PROVIDED FOR FEMALE EMPLOYEES.

Sec. 13. Be it further enacted, etc., That every person who shall employ any female in any factory, mill, warehouse, manufacturing establishment, workshop or store or any other occupation or establishment hereinabove mentioned shall provide suitable seats, chairs or benches for the use of the females so employed, which shall be so placed as to be accessible to said employees and shall permit the use of such seats, chairs or benches by them when they are not necessarily engaged in the active duties for which they are employed, and there shall be provided at least one chair to every three females. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the Parish Jail (Parish Prison in New Orleans) for not less than ten days nor more than thirty days, or both, in the discretion of the Court.

DRESSING ROOM AND CONVENIENCES TO BE PROVIDED; PENALTY. Sec. 14. Be it further enacted, etc., That every factory, mill, manufacturing establishment, workshop, warehouse, mercantile establishment or store and all other occupations and establishments hereinabove mentioned in which five or more young persons or women are employed and every such institution in which two or more children, young persons or women are employed shall be supplied with proper wash and dressing rooms and kept in a cleanly state and free from effluvia arising from any drain, privy or other nuisance and shall be provided, within reasonable access, with a sufficient number of proper water closets or privies for the reasonable use of the persons employed and at least one of such closets shall be provided for each twenty-five persons employed and wherever two or more persons and one or more female persons are employed as aforesaid a sufficient number of separate and distinct water closets, earth closets or privies shall be provided for the use of each sex and plainly so designated, and no person shall be allowed to use any such closet or privy assigned to persons of the other sex, an dsaid closets or privies shall not be locked during working hours. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the Parish Jail (Parish Prison in New Orleans) for not less than ten days nor more than thirty days, or both, in the discretion of the Court.

STAIRWAYS, ETC.

Sec. 15. Be it further enacted, etc., That stairways with substantial hand-rails shall be provided in factories, mills and manufacturing establishments for the better safety of persons employed in said establishments. The doors of such establishments shall swing outwardly or slide, as ordered by the Factory Inspector and it shall be neither locked, bolted or fastened during working hours. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the Parish Jail (Parish Prison in New Orleans) for not less than ten days nor more than thirty days, or both, in the discretion of the Court.

PAINTING OF BUILDINGS.

Sec. 16. Be it further enacted, etc., That every factory, mill or workshop in this State where women and children are employed shall be limewashed or painted when deemed necessary and ordered by the health authorities. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the Parish Jail (Parish Prison in New Orleans) for not less than ten days nor more than thirty days or both, in the discretion of the Court.

DANGEROUS EMPLOYMENT.

Sec. 17. Be it further enacted, etc., That no minor or woman shall be required to clean any part of the mill, gearing or machinery in any such establishment in this State while the same is in motion. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the Parish Jail (Parish Prison in New Orleans), for not less than ten days nor more than thirty days or both, in the discretion of the Court.

CLOSED HATCHES; PENALTY.

Sec. 18. Be it further enacted, etc., That the opening of all hatchways, elevators, and well-holes upon every floor of every manufacturing, mechanical or mercantile or public buildings where women or children are employed in this State shall be protected by good and sufficient trap doors or self-closing hatches or safety catches or good strong guard rails at least three feet high. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the Parish Jail (Paris Prison in New Orleans), for not less than ten days nor more than thirty days or both, in the discretion of the Court.

FAN FOR DISPOSING OF DUST AND LINT; SMOKE CONSUMERS; PENALTY.

Sec. 19. Be it further enacted, etc., That in all establishments in this State wherein children, young persons or women are employed where any process is carried on by which dust, or smoke or lint is generated the inspector shall have the power and authority to order that a fan, or fans, or some other dust, or smoke or lint removing or consuming contrivance or contrivances be so placed as to prevent the inhalation of such dust or smoke or lint by the employees; provided, that two mechanical engineers, one chosen by the inspector and the other by the owner or owners of the establishment, shall agree as to the necessity of such fan or fans or other dust or smoke or lint removing or consuming contrivance or contrivances. Upon the failure of said two mechanical engineers to agree, a third mechanical engineer shall be chosen to arbitrate. Failure to comply with this section shall be punishable by a fine of not less than $25 nor more than $50 or imprisonment in the Parish Jail (Parish Prison in New Orleans) for not less than ten days nor more than six months or both, in the discretion of the Court.

ACCIDENTS TO BE REPORTED; PENALTY.

Sec. 20. Be it further enacted, etc., That all accidents in manufacturing, mechanical or other establishments or places within this State where children, young persons or women are employed which prevent the injured person or persons from returning to work within two weeks after the injury or which result in death shall be reported semi-annually by the person in charge of such establishment or place to the inspector. Failure to do this shall be deemed a violation of this section and punishable by a fine of not less than $5 nor more than $10 or imprisonment in the Parish Jail (Parish Prison in New Orleans) for not less than twenty-four hours nor more than ten days, or both, in the discretion of the Court.

CITY TO PROVIDE OFFICE ROOM FOR INSPECTOR.

Sec. 21. Be it further enacted, etc., That it shall be the duty of the city or town or parish employing an inspector or inspectors to provide a suitable office for same and pay for all necessary expenses incurred in the discharge of the duties of said office.

ANNUAL REPORT.

Sec. 22. Be it further enacted, etc., That there shall be an annual report of inspections made and all work and expenses in connection with said office forwarded to the Commissioner of Labor and incorporated towns and cities to the Mayor and Council of the cities and towns employing said inspector or inspectors.

FACTORY INSPECTOR, NEW ORLEANS; SALARY.

Sec. 23. (As amended by Act 61, 1912, p. 72). Be it further enacted, etc., That the mayor of the city of New Orleans, with the consent of the Council, shall appoint a factory inspector, who may be either male or fe male, to see that the regulations of this Act are observed and also to pros ecute all persons who shall violate the same. Such inspector shall be paid a salary of not more than twelve hundred dollars per annum.

FINES TO GO TO SCHOOL FUND.

Sec. 24. Be it further enacted, etc., That all fines collected through this Act shall be paid over to the school fund in the parish where the fines are collected.

Sec. 25. Be it further enacted, etc., That all acts or parts of acts in conflict with this Act be and the same are hereby repealed.

Sec. 26. Be it further enacted, etc., That this Act shall take effect and be in force from and after its promulgation.

Note. Act 43, 1886, p. 55, and Act 34, 1906, p. 50, are on the same subject, but are not printed here, as the later act is a complete substitute for both.

The relator was charged with violation of the act, after conviction on previous like charges from which he had appealed. Held that prohibition would not lie to consider the subsequent charges and a stay of proceedings until the pending appeal is disposed of. State vs. Rose, 124 L. 526. A charge that the defendant permitted certain children under fourteen to perform on the stage of a theater, charges no offense recognizable in the juvenile court, when it fails to charge that they are neglected or delinquent. State vs. Rose, 125 L. 1080 (see note to Sec. 2 at p. 1083).

EMPLOYMENT, ETC., OF CHILDREN FOR EXHIBITION.

TITLE.

Act 184 of 1912, p. 329.

AN ACT declaring the employment, use or exhibition of children under sixteen years of age, and the training for purposes of exhibition, use and employment, and having in custody, and procuring, of such children, as rope or wire walkers, gymnasts, wrestlers, contortionists, riders or acrobats, in singing or dancing, playing upon musical instruments, in theatrical exhibitions, or wandering occupations, in any illegal, immoral or indecent exhibition or practice, or in the exhibition of insane, idiotic, deformed or unnaturally formed or developed children, in any practice or place of exhibition dangerous to the life, limbs, health or morals of children, shall be regarded as contributing to the neglect and delinquency of children, and declaring such acts to be misdemeanors, and providing penalty and punishment therefor by fine and imprisonment, or both; declaring that the provisions of this or any previous Act of the Legislature shall not apply to the employment of any child as a singer or musician in a church, school or academy, or in teaching or learning the science or practice of music, or in a theatrical exhibition, or as a musician in any concert, where a permit for such child has been obtained from a Juvenile Court, or District Court acting as such, and providing how and under what circumstances permits may be granted to children; requiring the furnishing of a bond by employers for the care and tuition of such children while in their employment, and setting forth the stipulations and conditions of such permits and bonds, and providing for the forfeiture of such bonds; making such permits revocable at the pleasure of the authority granting same; and providing other details in connection with the subject matter; and repealing all laws or parts of laws contrary to or inconsistent or in conflict with this Act. Section 1. Be it enacted by the General Assembly of the State of Louisiana, A person who employs or causes to be employed, or who exhibits, uses, or has in custody, or trains for the purpose of exhibition, use or employment of, any child actually or apparently under the age of sixteen years, or who has the care, custody or control of such a child as parent, relative, guardian, employer or otherwise, sells, lets out, gives away, so trains, or in any way procures or consents to the employment, or to such training or use,

or exhibition of such child; or who neglects or refuses to restrain such child from such training or from engaging or acting:

1. As a rope or wire walker, gymnast, wrestler, contortionist, rider or acrobat, or upon any bicycle or similar mechanical vehicle or contrivance; or;

2. In singing, or dancing, or playing upon a musical instrument, or in a theatrical exhibition or in any wandering occupation; or,

3. In any illegal, indecent or immoral exhibition or practice; or in the exhibition of any such child when insane, idiotic, or when presenting the appearance of any deformity or unnatural physical formation or development;

or,

4. In any practice or exhibition or place dangerous or injurious to the life, limbs, health or morals of the child; shall be regarded as contributing to the neglect and delinquency of children and guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than twenty-five dollars nor more than two hundred and fifty dollars, or shall be imprisoned in the parish jail or parish prison for not mor ethan two years, or by both such fine and imprisonment, and provided, further, that any person, firm or corporation licensed as or holding a license for any theatre within this State, who shall be convicted hereunder, shall, upon such conviction forfeit such license.

But this act does not apply, nor shall any act prior thereto apply, to the employment of any child as a singer or musician in a church, school or academy, or in teaching or learning the science or practice of music, or in a theatrical exhibition, or as a musician in any concert, where a permit therefor has first been secured from a judge of a juvenile court, or a district court acting as a juvenile court.

In the case of a non-resident child no permit shall be granted unless such child be accompanied by a parent or a guardian or a custodian duly designated in writing, attested by a notary public by said child's parents or guardian; nor shall said permit be granted unless it be shown to the satisfaction of the court that said child is receiving and during the period of said permit will receive proper instruction and teaching in common school studies.

The court granting such permit shall have the power to exact from the employer of the child, as a condition precedent to the granting of such permit, under such stipulations and conditions as may be determined by the judge of such court, a bond in a sum not exceeding two thousand dollars, to be executed in favor of the State of Louisiana, and conditioned to secure and guarantee the proper tuition as well as the moral and physical health of such child while in such employment. Such bond may be forfeited by showing a breach thereof in the State of Louisiana or elsewhere, and in such proceedings testimony may be taken as provided by law in civil cases in the civil courts of this State. Such permit shall not be given unless previous twenty-four hours' previous notice of the application therefor shall have been served in writing upon the Society for the Prevention of Cruelty to Children, if there be one in the parish, and a hearing had thereof, if requested, and such permit shall be revocable at the will and discretion of the authority granting it. The permit shall specify the name of the child, its age, the names and residence of its parents, or guardians, and its employers; the nature, time, duration, and number of performances permitted, together with the place and character of the exhibition. But no such permit shall be deemed to authorize any violation of the first, third or fourth subdivisions enumerated above.

Sec. 2. Be it further enacted, etc., That all laws or parts of laws contrary to and inconsistent with or in conflict with this act are hereby repealed.

EMPLOYMENT OF CHILDREN AS GYMNASTS.

TITLE.

Act 59 of 1892, p. 81.

AN ACT to prevent the employment of children as gymnasts, contortionists or acrobats and to prevent their employment in places where their

morals are liable to be corrupted and prescribing penalties for the violation of the provisions of this Act.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That any person who employs or exhibits or gives away for the purpose of employing or exhibiting a child under fifteen years of age, for the purpose of walking on a wire or rope, or riding or performing as a gymnast, contortionist, or acrobat in any circus or theatrical exhibition or in any public place whatsoever, or who causes, procures or encourages any such child to engage therein, shall be punished by a fine, by any committing magistrate, of not less than ten dollars, nor more than twenty-five dollars or shall be subject to a term of imprisonment not exceeding thirty days or both at the discretion of the court.

Sec. 2. Be it further enacted, etc., That no license shall be granted for a theatrical exhibition or public show in which children under fifteen years of age are employed as contortionists, acrobats, or in any feats of gymnast or equestrianism, or where in the opinion of the mayor of a city or town authorized to grant licenses, such children are employed in such a manner as to corrupt their morals or impair their physical health.

EMPLOYMENT OF CHILDREN IN CLEANING, ETC., MACHINERY.

TITLE.

Act 60 of 1892, p. 82.

AN ACT to prohibit the employment of children in cleaning or operating dangerous machinery.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That no child under the age of twelve years shall be permitted to operate or clean any part of the machinery in a factory while such part is in motion by the aid of steam, water or other mechanical power, or to clean any part of such machinery that is in dangerous proximity to such moving part.

Sec. 2. That whoever, either for himself, or superintendent, foreman, overseer or other agent of another, violates the provisions of the preceding section, shall be punished by a fine of not less than ten nor more than twenty-five dollars, or shall be subject to imprisonment for a term not exceeding thirty days, or both at the discretion of the court for each offense.

SEATS AND LUNCH HOUR FOR FEMALE EMPLOYES. Act 55 of 1900, p. 87.

TITLE.

AN ACT requiring persons, firms or corporations doing business in the State of Louisiana at retail where female labor or female clerks are employed to furnish seats for said employees, and give them not less than thirty (30) minutes each day for lunch or recreation, and providing a penalty for the evading or disobeying of the provisions of this act. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That hereafter it shall be unlawful for any person, firm or corporation doing business in the State of Louisiana, where female labor or female clerks are employed, not to maintain seats, chairs or benches which shall be so placed as to be accessible to said employees, for their use during the times when said employees are not actually engaged in the attention to their duties as employees of such firm, person or corporation.

Sec. 2. Be it further enacted, etc., That hereafter all persons, firms or corporations doing business at retail in the State of Louisiana where female labor or female clerks are employed, shall be required to give every employee each day, between the hours of ten (10) a. m., and three (3) p. m., not less than thirty (30) minutes for lunch or recreation.

Sec. 3. Be it further enacted, etc., That whoever shall be found guilty