and shall be fined not less than fifty dollars nor more than one hundred dollars for each offense.

Any person, firm or corporation conducting a public laundry or public Scope of law. washhouse within a distance of a half mile of the city limits of any city of the State of Virginia shall be subject to the provisions of this act. Nothing in this section shall be construed to prevent the washing of clothes in any private residence where no license to do washing is required.

Approved February 9, 1910.

CHAPTER 14.-Inspection of factories and workshops-Toilets, etc.

SECTION 1. Every factory, in which five or more persons are employed, and every factory, workshop, mercantile or other establishment or office, in which two or more children, under eighteen years of age, or women are employed, shall be kept clean and free from eflluvia arising from any drain, privy or nuisance, and shall be provided with a sufficient number of proper water-closets, earth closets or privies, and reasonable access shall be afforded thereto; and whenever two or more males and two or more females are employed together, a sufficient number of separate 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 a closet or privy which is provided for persons of the other sex: Provided, In mercantile establishments and offices the provisions of this section shall not apply so far as toilets are concerned, if separate toilets are within reasonable access.

SEC. 2. The owner, lessee or occupant of any premises which are used as described in the preceding section shall make the changes necessary to conform thereto. If such changes are made upon the order of the commissioner of labor by the occupant or lessee of the premises, he may, within thirty days after the completion thereof, bring an action against any other person who has an interest in such premises, and may recover such proportion of the expense of making such changes as the court may adjudge should be equitably borne by such other interested party defendant.

ders.

SEC. 3. If it appears to the commissioner of labor that any act, neg- Inspector's or lect or fault in relation to any drain, water-closet, earth closet, privy, ash pit, water supply, nuisance or other matter in a factory or workshop included under the provisions of section one is punishable or remediable under any law relative to the preservation of the public health, but not . under the provisions of this chapter, he shall give notice in writing thereof to the board of health of the city or county in which such factory or workshop is situated, or to the state health commissioner, and such board of health or state health commissioner shall thereupon inquire into the subject of the notice and enforce the laws relative thereto.

SEC. 4. A criminal prosecution shall not be instituted against a per- Prosecutions. son for a violation of the provisions of sections one and two until four weeks after notice in writing by the commissioner of labor of the changes necessary to be made to comply with the provisions of said sections has been sent by mail or delivered to such person, nor if such changes shall have been made in accordance with such notice. A notice shall be sufficient under the provisions of this section if given to one member of a firm, or to the clerk, cashier, secretary, agent or any other officer who has charge of the business of a corporation, or to its attorney; and in case of a foreign corporation, to the officer who has charge of such factory or workshop; and such officer shall be personally liable for the amount of any fine if a judgment against the corporation is returned unsatisfied.

SEC. 5. Any person, firm or corporation who shall violate the provi- Violations, sions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to a fine of not less than five nor more than twenty-five dollars, and each day of such violation may constitute a separate offense.

Approved February 9, 1910.

Permits running of interstate trains.

Fees to be returned, when.

Applicants to

tracts.

CHAPTER 42.-Sunday labor—Operation of railroads.

[This chapter enacts an amendment to section 3801 of the Code of the State by which interstate trains not stopping at local stations for interchange of freight are permitted to be run. It is also provided that the state corporation commission may, at such times [as] necessity may require, either to meet an emergency or to save life or property, suspend the restriction of this act and authorize the running, loading or unloading on Sunday of freight trains on any railroad, and of any car or locomotive.]

Became a law without the signature of the governor February 25, 1910.

CHAPTER 155.-Employment offices.

SECTION 1. Every person, firm or corporation who shall agree or promise, or who shall advertise through the public press, or by letter, to furnish employment or situations to any person or persons, and in pursuance of such advertisement, agreement or promise, shall receive any money, personal property or other valuable thing whatsoever, and who shall fail to procure for such person or persons acceptable situations or employment as agreed upon, within the time stated, or agreed upon, or if no time be specified, then within a reasonable time shall, upon demand, return all such money, personal property or valuable consideration of whatever character, except an amount, not to exceed one dollar, to be charged as a filing fee.

SEC. 2. It shall be unlawful for any person, firm or corporation to have copy of con- receive any application for employment from, or enter into any agreement with, any person to furnish or procure for said person any employment, unless there is delivered to any such person making such application or contract at the time of the making thereof, a true and full copy of such application or agreement, which application or agreement shall specify the fee or consideration to be paid by the person seeking employment.

SEC. 3. It shall be unlawiul for any person, firm or corporation, or any person employed or authorized by such person, firm or corporation to hire or discharge employees, to receive any part of any fee or any percentage of wages or any compensation of any kind whatever, that is agreed upon to be paid by any employee or said person, firm or corporation to any employment bureau or agency for services rendered to any such employee in procuring for him employment with said person, firm or corporation.

SEC. 4. The commissioner of the bureau of labor and industrial statistics, or his deputy, shall have authority to examine at any time the records, books and any papers relating in any way to the conduct of any employment agency or bureau within the State, and must investigate any complaint made against any such employment agency or bureau, and if any violations of law are found he shall at once file, or cause to be filed, an information against any person, firm or corporation guilty of such violation of law.

SEC. 5. Any person firm or corporation violating any of the provisions of this act, or who shall refuse access to records, books or other papers relative to the conduct of such agency or bureau, to any person having authority to examine same, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, or both such fine and imprisonment.

Approved March 14, 1910.

CHAPTER 189.-Seats for female employees.

SECTION 1. An act approved January twelfth, eighteen hundred and ninety-eight, [shall] be amended and reenacted so as to read

as follows: Number of seats required.

Use.

* *

Section 1. Chairs, stools or other suitable seats shall be maintained in mercantile establishments for the use of female employees therein to the number of at least one seat for every three females employed, and the use thereof by such employees shall be allowed at such times and

to such extent as may be necessary for the preservation of their health. If the duties of the female employees, for the use of whom the seats are furnished, are to be principally performed in front of a counter, table, desk or fixture, such seats shall be placed in front thereof; if such duties are to be principally performed behind such counter, table, desk or fixture, such seats shall be placed behind the same.

SEC. 2. If any employer of female help in the State of Virginia shall Violations. neglect or refuse to provide seats, as provided in this act, or shall make any rules, orders or regulations in his shop, store or other place of business, requiring females to remain standing when not necessarily employed in service or labor therein, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be liable to a fine therefor in a sum not to exceed twentyfive dollars, with costs, in the discretion of the court.

Approved March 15, 1910.

CHAPTER 278.-Safety appliances on railroads—Caboose cars.

SECTION 1. It shall be unlawful for any person, firm, or corporation Construction operating any railroad in the State of Virginia to require or permit the and equipment. use of any caboose cars on freight trains unless said caboose cars shall be provided with a door and a platform at each end thereof, and with suitable cupolas, guard rails, grab irons and steps for the safety and convenience of persons in alighting or getting on said caboose cars: Provided, That when a passenger coach is used as a caboose the provision above as to cupolas shall not apply.

SEC. 2. Any person, firm or corporation operating a railroad in this Violations. State violating the provisions of this act shall be guilty of a misdemeanor and fined not less than ten dollars nor more than fifty dollars for each offense, and the use of any caboose car prohibited in section one of this act shall constitute a separate offense for every day or part of a day so used. Prosecutions under this act may be made by the attorney for the Commonwealth in any court of competent jurisdiction in any county or corporation in or through which the line of such offending railroad may extend: Provided, That nothing in this act shall apply to trains used exclusively for logging or lumber purposes.

Approved March 16, 1910.

UNITED STATES.

ACTS OF 1909-10-SIXTY-FIRST CONGRESS, SECOND

SESSION.

CHAPTER 143.-Liability of railroad companies for injuries to employees. SECTION 1. An act entitled “An act relating to the liability of common carriers by railroad to their employees in certain cases," approved April twenty-second, nineteen hundred and eight, [shall] be amended in section six so that said section shall read:

Limitation.

Place of bring

Section 6. No action shall be maintained under this act unless commenced within two years from the day the cause of action accrued. Under this act an action may be brought in a circuit court of the United States, in the district of the residence of the defendant, or in ing suit. which the cause of action arose, or in which the defendant shall be doing business at the time of commencing of such action. The jurisdiction of the courts of the United States under this act shall be concurrent with that of the courts of the several States, and no case arising under this act and brought in any state court of competent jurisdiction shall be removed to any court of the United States.

SEC. 2. Said act [shall] be further amended by adding the following section as section nine of said act:

Sec. 9. Any right of action given by this act to a person suffering Survival of injury shall survive to his or her personal representative, for the bene-right of action. fit of the surviving widow or husband and children of such employee,

and, if none, then of such employee's parents; and, if none, then of the

next of kin dependent upon such employee, but in such cases there shall be only one recovery for the same injury.

Approved April 5, 1910.

Application of

law.

Equipment re

quired.

CHAPTER 160.-Safety appliances on railroads.

SECTION 1. The provisions of this act shall apply to every common carrier and every vehicle subject to the act of March second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, commonly known as the "Safety-appliance acts."

SEC. 2. On and after July first, nineteen hundred and eleven, it shall be unlawful for any common carrier subject to the provisions of this act to haul, or permit to be hauled or used on its line any car subject to the provisions of this act not equipped with appliances provided for in this act, to wit: All cars must be equipped with secure sill steps and efficient hand brakes; all cars requiring secure ladders and secure running boards and all cars having ladders shall also be equipped with secure hand holds or grab irons on their roofs at the tops of such ladders: Provided, That in the loading and hauling of long commodities, requiring more than one car, the hand brakes may be omitted on all save one of the cars while they are thus combined for such purpose.

Number, style, SEC. 3. Within six months from the passage of this act the Interstate etc., of appliances. Commerce Commission, after hearing, shall designate the number, dimensions, location, and manner of application of the appliances provided for by section two of this act and section four of the act of March second, eighteen hundred and ninety-three, and shall give notice of such designation to all common carriers subject to the provisions of this act by such means as the commission may deem proper, and thereafter said number, location, dimensions, and manner of application as designated by said commission shall remain as the standards of equipment to be used on all cars subject to the provisions of this act, unless changed by an order of said Interstate Commerce Commission, to be made after full hearing and for good cause shown; and failure to comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure to comply with any requirement of this act: Provided, That the Interstate Commerce Commission may, upon full hearing and for good cause, extend the period within which any common carrier shall comply with the provision of this section with respect to the equipment of cars actually in service upon the date of the passage of this act. Said commission is hereby given authority, after hearing, to modify or change, and to prescribe the standard height of drawbars and to fix the time within which such modification or change shall become effective and obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and after the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard so prescribed by the commission.

Violations.

ive cars.

SEC. 4. Any common carrier subject to this act using, hauling, or permitting to be used or hauled on its line, any car subject to the requirements of this act not equipped as provided in this act, shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered as provided in section six of the act of March second, eighteen hundred and ninety-three, as amended April first, Moving defect-eighteen hundred and ninety-six: Provided, That where any car shall have been properly equipped, as provided in this act and the other acts mentioned herein, and such equipment shall have become defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by section four of this act or section six of the act of March second, eighteen hundred and ninety-three as amended by the act of April first, eighteen hundred and ninety-six, if such movement is necessary to make such repairs and such repairs can not be made except at such repair point; and such movement or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with equipment which is defective or insecure or

which is not maintained in accordance with the requirements of this act and the other acts herein referred to; and nothing in this proviso shall be construed to permit the hauling of defective cars by means of chains instead of drawbars, in revenue trains or in association with other cars that are commercially used, unless such defective cars contain live stock or "perishable" freight.

SEC. 5. Except that, within the limits specified in the preceding section of this act, the movement of a car with defective or insecure equipment may be made without incurring the penalty provided by the statutes, but shall in all other respects be unlawful, nothing in this act shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of said act of March second, eighteen hundred and ninety-three, as amended by the acts of April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three; and, except as aforesaid, all of the provisions, powers, duties, requirements, and liabilities of said act of March second, eighteen hundred and ninety-three, as amended by the acts of April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, shall apply to this act.

Construction of

act.

SEC. 6. It shall be the duty of the Interstate Commerce Commission Enforcement. to enforce the provisions of this act, and all powers heretofore granted

to said commission are hereby extended to it for the purpose of the enforcement of this act.

Approved April 14, 1910.

CHAPTER 208.-Accidents on railroads-Reports.

SECTION 1. It shall be the duty of the general manager, superin- Monthly retendent, or other proper officer of every common carrier engaged in ports required. interstate or foreign commerce by railroad to make to the Interstate Commerce Commission, at its office in Washington, District of Columbia, a monthly report, under oath, of all collisions, derailments, or other accidents resulting in injury to persons, equipment, or roadbed arising from the operation of such railroad under such rules and regulations as may be prescribed by the said commission, which report shall state the nature and causes thereof and the circumstances connected therewith: Provided, That hereafter all said carriers shall be relieved from the duty of reporting accidents in their annual financial and operating reports made to the commission.

SEC. 2. Any common carrier failing to make such report within Fallure to rethirty days after the end of any month shall be deemed guilty of a port. misdemeanor, and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not more than one hundred dollars for each and every offense and for every day during which it shall fail to make such report after the time herein specified for making the same.

SEC. 3. The Interstate Commerce Commission shall have authority Investigations. to investigate all collisions, derailments, or other accidents resulting in serious injury to person or to the property of a railroad occurring on the line of any common carrier engaged in interstate or foreign commerce by railroad. The commission, or any impartial investigator thereunto authorized by said commission, shall have authority to investigate such collisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and for that purpose may subpoena witnesses, administer oaths, take testimony, and require the production of books, papers, orders, memoranda, exhibits, and other evidence, and shall be provided by said carriers with all reasonable facilities: Provided, That when such accident is investigated by a commission of the State in which it occurred, the Interstate Commerce Commission shall, if convenient, make any investigation it may have previously determined upon, at the same time as, and in connection with, the state commission investigation. Said commission shall, when it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper. Such reports shall be made public in such manner as the commission deems proper.