Proof.

Actions.

Applications by personal representatives.

Payments.

direct the treasurer of the county to pay unto said employee upon his proper receipt therefor the sum of relief money as provided herein for such loss from injury; when such injury shall result in disability as aforesaid, the said county commissioners shall within thirty days after the receipt by them of satisfactory proof of the injury and disability, direct the said treasurer to pay said employee the per diem relief money as herein provided. When such injury shall result in death or the employee shall have been killed by coming in contact with mine gases, as aforesaid, said county commissioners shall, within thirty days after the receipt of satisfactory proof of the injury and death, direct the said treasurer to pay unto the personal representative of the deceased the relief money as herein provided, to be disbursed by him under the direction of the county commissioners, as hereinafter provided, for the sustenance of the dependents of said deceased employee. The county commissioners shall determine the manner and form of the proof herein required: Provided, That such proof shall at least consist of a certificate of the mine foreman or superintendent, and of the mine inspector, that the injury was received by the employee in the discharge of his duty, and the certificate of a reputable physician setting forth the injury in detail; and, in case of continuing disability, an additional certificate, monthly, of such physician, certifying as to the period that the employee has been unable to resume his duties as a direct result of the injury; and in the case of death, an additional certificate of such physician that death has resulted from said injury. If the county commissioners shall fail or refuse to direct the treasurer to pay or the treasurer shall fail or refuse to pay unto any employee or personal representative of a deceased employee the relief money provided under this act, suit may be brought by him, and in such suit the county commissioners of the proper county shall be made defendant and shall defend such suit as other cases and have power to compromise the same in the exercise of a just discretion, and if not compromised the court shall determine whether such relief money ought to be payable under this act, but any judgment rendered in such cases shall only be payable out of the relief fund: Provided, That any such suit shall be brought by the employee within twelve months from the date of the injury and by the personal representative within six months from the date of the death of the deceased employee, and failure to commence such suits within said periods shall forfeit all right or claim of said parties to any payments out of said fund.

SEC. 6. Upon application by a personal representative for the relief money contemplated by this act, for the sustenance of the indigent dependent or dependents of a deceased employee, the county commissioners shall determine who the dependents are, and the relative claims and necessities of each for shares of the relief money payable, whether the age, habits, and prudence of such dependents, if any, are such as to render them fit persons to receive the principal of such relief money as may be apportioned by the county commissioners to any dependent, and if not, then the county commissioners may order such relief money paid in limited parts, periodically, until the portion and interest thereon of such dependent shall become exhausted. In the case of the dependents consisting of a mother and infant children said commissioners may, after adequate investigation, if they shall deem it of advantage to the dependents, order not more than seven hundred and fifty dollars of such relief money invested in a home for such dependents, the title to be in fee, and to be invested in the personal representatives as trustee for the benefit of such dependents, and after such dependents shall arrive at the age of twenty-one years, or marry, then for the benefit of the mother exclusively; and such commissioners may pass such orders in relation to the sale, lease or mortgage of said home as may from time to time become expedient, [] with a view to effectuate the relief hereby intended for indigent dependents and to prevent dependents from suffering and want, and to conserve such relief money from waste, the county commissioners are hereby given plenary administrative power over the same by appropriate orders, [:] such personal repreDuty of per-sentative shall report annually in detail to the county commissioners sonal representa- the status of the relief fund in his hands, but shall not be required to account for same in the orphans' court; and the county commissioners

tives.

shall require such personal representative to give bond to the State of Maryland for the safe custody of the relief fund in his hands in the sum of two thousand dollars, and may be allowed the first year not exceeding two per cent commissions on the principal thereof, and five per cent yearly thereafter on the income in payment for his services. He shall deposit said relief money, not otherwise invested, in such bank as the county commissioners may direct and shall only draw thereon in accordance with orders of such commissioners. From any order passed by said county commissioners under this section the personal representative or any person claiming to be a dependent may appeal within sixty days to the circuit court of such county, whereupon such circuit court shall have jurisdiction to determine the issues of fact and law raised by such appeal, and may pass such rules as may be judged necessary to expedite and effectuate the determination of such issues, in which appeals the county commissioners shall be party defendant.

SEC. 7. If at any time the relief money payable hereunder shall exceed in amount the sum in the hands of the treasurer for that purpose, so that the fund be depleted, then the treasurer of Allegany County or Garrett County, as the case may be shall advance to the treasurer of such depleted fund, so far as able, such sum as may be necessary to pay any accrued relief money, which shall be repaid by the said borrowing treasurer out of the first available receipts derived from such tax.

Advances.

And if it shall so happen, at any time, that the proceeds imposed and Surplus funds. collected by the treasurers of Allegany and Garrett counties shall in the aggregate funds of both treasurers exceed the sum of fifty thousand dollars surplus, over and above the pending and accrued claims on the same under this act, such treasurer shall report the fact to the county commissioners of such counties; whereupon the said board of county commissioners are hereby empowered and directed to remit temporarily the taxes hereby imposed from month to month, as long as (and no longer than) such surplus shall exceed fifty thousand dollars in amount, and when it shall be reduced to said sum or under, then the said tax shall become again payable as provided by this act. It shall be the duty of the treasurer to invest under the orders of the county commissioners any surplus above the sum of two thousand dollars in his hands, in such public bonds as said commissioners may direct, and to credit such fund with the interest derived therefrom; and upon the retirement from office or any disqualification to act of such treasurer the entire fund, including such bonds, and the books and papers pertaining to such fund, shall be delivered by such treasurer to his successor in office, who shall receipt for the same.

SEC. 8. All assignments of claims for relief money provided in this Assignments act and all assignments of claims against any operator for injuries void. received by an employee in the discharge of his duty or for disability or death (provided such operator shall not have been in default in compliance with the provisions of this act at the time of such injuries, disability and death) shall be null and void, and said claims shall not be subject to attachment, garnishment or other legal process.

SEC. 9. No suit or action shall lie or be brought or maintained against Suits. any operator for or in respect of the death of any employee whose personal representatives shall have accepted the relief money provided for in this act, and no such suit or action shall be brought before the expiration of six months from the date of the employee's death, nor while any suit brought by the personal representative for such relief money is pending. In case any suit or action is brought against any operator by any person claiming damages for or in respect of injury or disability received in the discharge of his duty as an employee of such operator, all right and claim of such person to any payments out of the fund shall be thereby forfeited. When any person claiming that he has sustained injury or disability, shall accept any relief money, provided for in this act, for and in respect of such injury or disability or shall commence any suit against the county commissioners for such relief money, the operator in whose employ such person sustained the injury or disability shall be exempt from liability therefor, and thereafter no suit or action shall lie or be brought or maintained against such operator for or in respect of such injury or disability or death resulting therefrom: Provided, That the provisions of this section shall not apply

ers.

to cases where the operator has been in default in compliance with the provisions of this act at the time of the injury, disability or death. Judgments SEC. 10. If any suit or action be brought against any operator for or against employ-in respect of any injury or disability received by an employee while in the discharge of his duty or for death resulting therefrom, including death from contact with mine gases, and said operator shall appear and defend such suit or action, and a judgment shall be rendered against him, he shall, after satisfying said judgment and upon filing with the county commissioners a certified copy of said judgment and the order of satisfaction, be entitled thereafter to deduct from the payments required to be made by him hereunder to the county treasurer, a sum equal to the amount of said judgment and costs: Provided, That said operator shall have notified the county commissioners of the pendency of said suit or action: And provided further, That at the time of the injury, disability and death the operator has complied with the provisions of this act.

New article.

Definition.

License.

Board of examiners.

Operators to procure licenses.

Examinations.

Approved April 7, 1910.

CHAPTER 693.-Examination and licensing of operators of moving-picture machines.

(Page 603.)

SECTION 1. A new article, to be known as "Moving-picture machine operators," and to be numbered as article, is hereby added to the Code of Public Local Laws, whose provisions shall be as follows:

SEC. 2. The term "Moving-picture machine operators," as used in this act, shall be defined as and including any and all persons engaged in the operation of electrical moving-picture machines. A license of "Moving-picture machine operator" issued in accordance with the provisions of this act shall entitle any such person so licensed to operate any moving-picture machine or electrical projecting apparatus, and install, erect or repair any lighting fixture, devices and the necessary wiring in connection with the same in a theatre, moving-picture parlor or hall where employed as a "Moving-picture machine operator:' Provided, Such fixtures, apparatus and devices are not located more than fifteen feet from the outlet for supplying current for the same.

SEC. 3. The governor shall biennially appoint in and for Baltimore city three persons, one from the board of fire underwriters' association, one master electrician to represent the building inspector's office of the city of Baltimore, and one moving-picture machine operator, all of whom have had not less than five years' experience at the business and who have resided in Baltimore city, State of Maryland, for a period of not less than two years next preceding their appointment, who shall be known as the board of examining moving-picture machine operators. The parties so appointed, before entering upon their duties, shall make oath before a justice of the peace that they will faithfully perform the duties of their office, and shall give bond in the sum of two thousand dollars, to be approved by the clerk of the superior court of Baltimore city.

SEC. 4. All persons who at the time of the enactment of this act are engaged in the business of a "moving-picture machine operator" in the city of Baltimore, as described in section 2 of this act, shall within sixty days after the first day of May, 1910, comply with all the provisions of this act: Otherwsie they shall be guilty of a misdemeanor, and, upon conviction before a justice of the peace or a police justice, be fined a sum not less than ten dollars, nor more than fifty dollars, for each day or fraction thereof that they shall pursue the business of "moving-picture machine operator" in the city of Baltimore, and, if said fine is not paid, he shall be subject to imprisonment for ninety days, or both, at the discretion of the judge.

SEC. 5. If any such person desires to engage or continue in said business of "moving-picture machine operator" after the passage of this act he shall apply to the board provided for in section 3 of this act for a license and submit to an examination as to his qualification before said board; and, if found proficient by said board, they shall issue a license;

otherwise they shall refuse to grant a license until such time after another examination he shall show the required skill to be entitled to practice the business of "moving-picture machine operator." If the said board shall find, after due examination that the said applicant for a license possesses a reasonable knowledge of the "moving-picture machine operator" business and electricity, then the said board shall, upon the payment of the fee herein provided for, issue to said applicant a license for a term of not more than one year, and shall keep a record of all licenses so issued; and no person shall be granted a license who has not reached the age of 21 years and makes oath to such fact, and has served at least one year with a licensed moving-picture operator in the business: Provided, That each applicant for the license shall pay to the said board a license fee of ten dollars ($10), said license to be good for a term of one year, and at the expiration of said term a renewal shall be issued by said board upon the payment of a fee of five dollars ($5) for said renewal; no person granted a license under the provisions of this act, shall operate a moving-picture machine or electrical projecting apparatus after the expiration of said license or after said license shall have been suspended or revoked as herein provided, unless the said license or renewal of the same shall have been received as herein provided.

Fee.

SEC. 6. The said board shall have full power to suspend or revoke the Revocation licenses. license of any "moving-picture machine operator" who is negligent" or operates any moving-picture machine or electrical projecting apparatus in a dangerous or improper manner, so as to be dangerous to the safety of life or property: Provided, That no license or renewal thereof shall be suspended or revoked unless an opportunity is afforded the party charged to be present in person or by counsel, and make any defense he may have; no license shall be revoked or suspended for a longer period than six months for the same offense; nor shall any person be granted a new license within the period that the license stands suspended or revoked, or until one year thereafter; no license or renewal of same shall be assignable or transferrable, and all renewals shall be kept a record of as in the case of original license.

* *

of

SEC. 7. * the said board shall meet as often as necessary Meetings of for the proper transaction of its business, and shall give at least five board. days' notice in some daily newspaper published in Baltimore city of the time and place of meeting for the purpose of examining applicants; said board shall meet once in each month; and all licenses and renewals of licenses shall expire on the first day of May of each year. Approved April 13, 1910.

CHAPTER 662.-Examination and licensing of stationary engineers.

(Page 615.)

[This act amends section 427 of article 4 of the Public Local Laws so as to give the board of examining engineers authority to examine and license stationary engineers throughout the State instead of in the city of Baltimore only. Instead of three grades of certificates, four are provided for, the first permitting the holder to take charge of any plant of machinery, the second of machinery of from one to five hundred horsepower, the third of from one to thirty horsepower, and the fourth to take charge of hoisting or portable plants.]

CHAPTER 94.-Employment of labor on public works-Baltimore.

(Page 642.)

[This act amends section 2 of chapter 85 of the Acts of 1908 (page 613) by adding a provision fixing the minimum rate of wages to be paid laborers, workmen and mechanics employed directly by the mayor and city council at two dollars per day.]

64181°-No. 91-11--14

Law to Cover State.

Minimum

wages.

Law to cover all employers.

Commission

created.

Duty.

Members.

Powers.

Appropriation.

CHAPTER 211.-Payment of wages-Semimonthly pry day-Garrett
County.
(Page 876.)

[This act amends chapter 37 of the Acts of 1904 by making that law applicable to all employers engaged in mining coal or fire clay in Garrett County instead of to corporations only. It also provides that if an earlier day than the statutory one is to be used as pay day, at least three days notice of the fact shall be given.]

MASSACHUSETTS.

ACTS OF 1910.

CHAPTER 134.-Commission on the cost of living.

SECTION 1. A commission, which shall be known as the Massachusetts commission on the cost of living, is hereby created to investigate thoroughly the cost of living in this Commonwealth. The commission shall report its findings and recommendations to the general court not later than the first day of May in the year nineteen hundred and ten. SEC. 2. It shall be the duty of said commission to inquire into the causes of the increased prices of the necessaries of life, as compared with wages and income, and to inquire into the direct and indirect effect of our present tariff laws upon wages, income and cost of living.

SEC. 3. The members of the said commission shall be chosen with a view to their special knowledge of law, trade, labor and political economy, and shall consist of five persons to be appointed by the governor with the consent of the council.

SEC. 4. The commission shall have power to compel the attendance of witnesses and the production of books and papers, and shall, with the approval of the governor and council, have the right to travel. The commission may employ such clerical assistance as it deems necessary. The governor and council shall determine what compensation, if any, members of the commission shall receive.

SEC. 5. A sum not exceeding fifteen thousand dollars may be expended in carrying out the provisions of this act. Approved February 28, 1910.

CHAPTER 257.-Employment of children-Medical inspection.

Duties of SECTION 1. Section one of chapter five hundred and two of the acts commit- of the year nineteen hundred and six is hereby amended

school

tee.

Duties

so as to read as follows: Section 1. The school committee of every city and town in the Commonwealth shall appoint one or more school physicians, shall assign one to each public school within its city or town, and shall provide them with all proper facilities for the performance of their duties as prescribed in this act; and shall assign one or more to perform the duty of examining children who apply for health certificates in accordance with this act: Provided, however, That in cities wherein the board of health is already maintaining or shall hereafter maintain substantially such medical inspection as this act requires, the board of health shall appoint and assign the school physician. of SEc. 2. Section two of said chapter five hundred and two is hereby school physician. amended * so as to read as follows: Section 2. Every school physician shall make a prompt examination and diagnosis of all children referred to him as hereinafter provided, and such further examination of teachers, janitors and school buildings as in his opinion the protection of the health of the pupils may require. Every school physician who is assigned to perform the duty of examining children who apply for health certificates shall make a prompt examination of every child who wishes to obtain an age and schooling certificate, as provided in section sixty of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, and who presents to said physician an employment ticket, as provided in said section, and the physician shall certify in writing whether or not in his opinion such child is in sufficiently sound health and physically able to perform the work which the child intends to do.