zation at the time the applicant was so directed; nor shall it prevent an employment agent from attempting to sell the services of an applicant to the employer even though no order has been placed with said employment agent, provided, however, that in any case the applicant is acquainted with the facts when directed to said employer, in which event no employment agent shall be liable to any applicant as provided in this rule.

(f) No employment agent shall, by himself, or by his agent or agents, solicit, persuade, or induce any employee to leave any employment in which employment agent or his agents has placed said employee. Nor shall any agent by himself or through any of his agents, persuade, or induce or solicit any employer to discharge any employee.

(g) No employment agent shall knowingly cause to be printed or published a false or fraudulent notice or advertisement for help or for obtaining work or employment.

(h) Any employment agent who knowingly procures, entices, aids, or abets in procuring, enticing, or sending a woman or girl to practice prostitution or to enter as an inmate or a servant, a house of ill fame, or other place resorted to for prostitution, the character of which, upon reasonable inquiry could have been ascertained by said employment agent, shall be deemed guilty of gross misdemeanor and punishable by a fine of not less than $100, and not more than $1,000 or on failure to pay such fine by imprisonment for a period not to exceed one year, or both, at the discretion of the court.

(i) No employment agent shall place or assist in placing any person in unlawful employment.

No employment agent shall fail to state in any advertisement, proposal, or contract for employment that there is a strike or lockout at the place of proposed employment, if he has knowledge that such condition exists.

(k) Any person, firm, or corporation who shall split, divide, or share, directly or indirectly, any fee, charge, or compensation received from any employee with any employer, or person in any way connected with the businesss thereof, shall be guilty of a gross misdemeanor and shall be punished by a fine of not less than $100, and not more than $1,000 or on failure to pay such fine, by imprisonment for a period not to exceed one year, or both at the discretion of the Court.

MISSOURI

REVISED STATUTES, 1929

CHAPTER 95, ARTICLE 2.-Employment bureaus and employment agents

SECTION 13190. Licenses; fees.-No person, firm, or corporation in this state shall open, operate, or maintain an employment office or agency for hire, or where a fee is charged to either applicants for employment or for help, without first obtaining a license for the same from the state commissioner of labor and industrial inspection. Such license fee in cities of fifty thousand population and over shall be fifty dollars per annum, and in all cities containing less than fifty thousand population, a uniform fee of twenty-five dollars per annum. Every license shall contain a designation of the city, street and number of the building in which the licensed party conducts said employment agency. The license, together with a copy of sections 13190 to 13193, inclusive, shall be posted in a conspicuous place in each and every employment agency. The commissioner of labor and industrial inspection shall require with each application for a license a bond in the penal sum of five hundred dollars, with one or more sureties, to be approved by said commissioner and conditioned that the obligors will not violate any of the duties, terms, conditions, provisions, or requirements of said sections. The said commissioner is authorized to commence action or actions on said bond or bonds in the name of the state of Missouri for any violation of any of its conditions, and he may also revoke, upon a full hearing, any license, whenever, in his judgment. the party licensed shall have violated any of the provisions of said sections. It shall be the duty of every licensed agency to keep a register in which shall be entered the names and addresses of every person who shall make application for help or servants, and the names and nature of such employment for which such help shall be wanted. Such register shall, at all reasonable hours be open to the inspection and examination of the commissioner of labor and industrial inspection and his agent or agents, deputies, or assistants. Where a registration fee is charged for receiving or filing applications for employment or help, said fee shall, in no case, exceed the sum of one dollar for which a receipt shall be given, in which

shall be stated the name of the applicant, the amount of the fee, the date, and the name or nature of the work to be done or the situation to be procured. In case the said applicant shall not obtain a situation or employment through such licensed agency within one month, after registration, as aforesaid, then said licensed agency shall forthwith repay and return to said applicant, upon demand being made therefor, the full amount of the fee paid or delivered by said applicant to said licensed agency. Any licensed agency shall not publish or cause to be published any false or fraudulent notice or advertisement, or give any false information or make any false promise concerning or relating to work or employment to any one who shall apply for employment, and no licensed agency shall make any false entries in the register to be kept as herein provided. No person, firm, or corporation shall conduct the business of any employment office or agency in, or in connection with, any place where intoxicating liquors are sold.

SEC. 13191. Enforcement.-It shall be the duty of the commissioner, or his deputies, agents, or assistants, to enforce sections 13190 to 13193, inclusive. When informed of any violation, it shall be their duty to institute criminal proceedings for the enforcement of its penalties before any court of competent jurisdiction. Any person convicted of a violation of the provisions of said sections shall be deemed guilty of a misdemeanor and shall be fined not less than fifty dollars nor more than one hundred dollars for each offense, or be imprisoned in the county jail for a period not exceeding six months, or both.

SEC. 13192. Fees and fines.-All money or moneys received from fees and fines under sections 13190 to 13193, inclusive, shall be turned into the state treasury on or before the last day of each month and placed to the credit of the general revenue funds.

SEC. 13193. Exemptions.-The free public employment bureaus organized and established, or to be organized and established in this state by the commissioner of labor and industrial inspection, or charitable organizations, shall not be subject to the provisions of the three preceding sections.

SEC. 13194. Prohibited acts.-Every person 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 be guilty of any deception to any person applying for employment or who shall direct any female applying for employment to any house of prostitution, assignation house, or other immoral resort, or who shall fail within three days to procure acceptable employment for an applicant, and upon demand refuse to return the money paid by the applicant for employment, shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not exceeding one thousand dollars nor less than one hundred dollars, or confined in the county jail workhouse no longer than one year nor less than sixty days, or shall be punished by both such fine and imprisonment.

MONTANA

REVISED CODES, 1935

CHAPTER 191.-Miscellaneous licenses

SECTION 2434. License fee.-License must be obtained for the purposes hereinafter named, for which the county treasurer must require payment as follows:

4. For each keeper of an intelligence office, $10 per quarter.

CHAPTER 321.-Private employment agencies

*

SECTION 4157. Definitions.—The term "person," when used in this act, means and includes any individual, company, association, or corporation, or their agents, and the term "employment agency" means and includes the business of keeping an intelligence office, employment bureau, or other agency or office for procuring work or employment for persons seeking employment, where a fee or privilege is exacted, charged, or received, directly or indirectly, for procuring or assisting to procure employment, work, or a situation of any kind, or for procuring or providing help for any person, whether such fee is collected from the applicant for employment or the applicant for help, excepting agencies for procuring employment for school teachers exclusively. The term "fee" as used in this act means money or other thing of value, or a promise to pay money or thing of value.

136553-37-12

SEC. 4158. License.-No person shall open, keep, or carry on any such employment agency in the state of Montana, unless every such person shall procure a license therefor from the county treasurer of the county in which such person intends to conduct such agency. Such license shall be granted upon the payment to said county treasurer of a fee of five dollars annually for such employment agencies.

SEC. 4159. Same.-Every license shall contain the name of the person licensed, a designation of the city, street, and number of the house in which the person licensed is authorized to carry on said employment agency, and the number and date of such license.

SEC. 4160. Application.-The application for such license shall be filed not less than one month prior to the granting of said license, and shall be accompanied by the affidavits of two or more persons who have known the applicant or the chief officer thereof, if the applicant is a corporation, for five years, stating that the said applicant or officer thereof is a person of good moral character.

SEC. 4161. Bond.-The county treasurer of each county shall require such person to file with his application for a license a bond in due form to the state of Montana, in the penal sum of three thousand dollars, with two or more sufficient securities, and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions, or requirements of this act.

SEC. 4162. Action upon bond.-If any person shall be aggrieved by the misconduct of any such licensed person, such person may maintain an action in his own name upon the bond of said employment agent in any court having jurisdiction of the amount claimed.

SEC. 4163. Registers. It shall be the duty of every such licensed person to keep a register, approved by the county treasurer, in which shall be entered the date of every application for employment; the name and address of the applicant; the amount of the fee received. Such licensed person shall also enter in a separate register approved by the county treasurer the name and address of every applicant for help, the date of such application, the kind of help requested, the names of the persons sent, with the designation of the one employed, the amount of the fee received, and the rate of wages agreed upon. The aforesaid registers of applicants for employment and for help shall be open during office hours to inspection by the county treasurer.

SEC. 4164. Fees.-The fees charged applicants for any employment shall not exceed the sum of three dollars. In case the applicant, through no fault, neglect,

or refusal of his own, shall not obtain help or employment through such agency, then such licensed person shall, on demand, repay the full amount of the said fee, allowing five days' time to determine the fact of the applicant's failure to obtain help or employment.

SEC. 4165. Receipts.-It shall be the duty of such licensed person to give to every applicant for employment from whom a fee shall be received a receipt in which shall be stated the name of said applicant, the date and amount of the fee, and the purpose for which it is paid, and to every applicant for help a receipt stating the name and address of said applicant, the date and amount of the fee, and the kind of help to be provided. Every such receipt shall have printed on the back thereof a copy of this section.

SEC. 4166. Gifts prohibited. No such licensed person shall receive or accept any valuable thing or gift as a fee in lieu thereof, and no fee shall be accepted by such licensed person for any other purpose, directly or indirectly, by any pretense or subterfuge employed to evade the interest or purpose of this section, except as herein provided. No such licensed person shall divide fees with contractors or other employers to whom applicants for employment are sent.

SEC. 4167. Cards.—Every such licensed person shall give to each applicant for employment a card containing the name and address of such employment agency, and the written name and address of the person to whom the applicant is sent for employment.

SEC. 4168. Posting-Every such licensed person shall post in a conspicuous place in each room of such agency a plain and legible copy of this act.

SEC. 4169.-Sending outside of county.--Whenever such licensed person or any other acting for him agrees to send one or more persons to work as contract laborers in any one place outside the county in which such agency is located, the said licensed person shall file with the county treasurer, within five days after the contract is made, a statement containing the following items: Name and address of the employer, name and address of the employee, nature of work to be performed, hours of labor, wages offered, designation of the persons employed, and terms of transportation.

SEC. 4170. Immoral, etc., resorts.-No such licensed person shall send or cause to be sent any female help as servants or inmates to any questionable place, or place of bad repute, house of ill fame, or assignation house, or to any house or place of amusement kept for immoral purposes, the character of which such licensed person could have ascertained upon reasonable inquiry.

SEC. 4171. Fraud.-No such licensed person shall publish or cause to be published any false or fraudulent notice or advertisement; all advertisements of such employment agency by means of cards, circulars, or signs, and in newspapers and other publications, and all letterheads, receipts, and blanks shall contain the name and address of such employment agency, and no such licensed person shall give any false information, or make any false promise concerning employment to any applicant who shall register for employment or help.

SEC. 4172. Violations. Any violation of the provisions of this act shall constitute a misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment for a period of not more than ninety days, or by both such fine and imprisonment.

NEBRASKA

COMPILED STATUTES, 1929

CHAPTER 48, ARTICLE 5.-Employment agencies

SECTION 48-501. Definitions.-When used in this act the following terms are defined as herein specified; the term "person" means and includes any individual, company, society, association, corporation, manager, contractor, subcontractor, or their agents or employes. The term "employment agency" means and includes the business of conducting, as owner, agent, manager, contractor, subcontractor or in any other capacity an intelligence office, domestic and commercial employment agency, theatrical employment agency, bonding and reference bureau, shipping agency, teachers' employment agency, general employment bureau, or any other agency or office for the purpose of procuring or attempting to procure help or employment or engagements for persons seeking employment or engagements or for the registration of persons seeking such help, employment, or engagement or for giving information as to where and of whom such help, employment, or engagement may be procured, where a fee or other valuable consideration is exacted, or attempted to be collected, directly or indirectly, for such services, whether such business is conducted in a building or on the street or elsewhere. The term "fee" means and includes any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered by any person conducting an employment agency of any kind under the provisions of this act. Such term includes any excess of money received by any such person, over what has been paid out by him for the transportation, transfer of baggage or board and lodging for any applicant for employment; such term also includes the difference between the amount of money received by any such person who furnishes employes and the amount paid by him to such employes.

SEC. 48-502. License.-No person, firm, or corporation in this state shall open, operate, or maintain a private employment agency for hire or for help without first obtaining a license for the same from the secretary of labor, and the license fee shall be fifty dollars per annum, payable in advance on the first day of May of each year, and shall expire on the last day of April of each year. Every license shall contain a designation of the city, street, and number of the building in which the licensed parties conduct said employment agency. In case of removal to another location during the period covered by such license the secretary of labor shall be at once notified and the license corrected accordingly. No such license shall be transferable.

SEC. 48-503. Bond.-The secretary of labor shall require with each application for a license a surety bond in the penal sum of $2,000 to be approved by said secretary of labor and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions, or requirements of this act. The secretary of labor is authorized to cause an action or actions to be brought on said bond in the name of the state for any violation of any of its conditions and he may revoke upon a full hearing any license whenever in his judgement the party licensed shall have violated any of the provisions of this act; and in the prosecution of any inquiry, the secretary of labor is hereby empowered to administer oaths, subpœna witnesses, take depositions, compel the attendance of witnesses, and the production of books, accounts, papers, records, documents, and testimony.

SEC. 48-504. Canceling license. In case of refusal of any person to comply with the order of the secretary of labor or subpœna issued by him or the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, or refusal to permit any inspection as aforesaid, the secretary of labor may cancel the license held by such person, firm, or corporation refusing to comply with the order of the secretary of labor: Provided, that the orders of the secretary of labor be in accord with the provisions of this act. When such license shall be canceled it shall not be reissued to said person, firm, or corporation for a period of six months from the date of said cancellation.

SEC. 48-505. Name.-No private employment agency shall print, publish, or paint on any sign, window, or insert in any newspaper or publication a name similar to that of the Nebraska free employment bureau.

SEC. 48-506. Register.—It shall be the duty of every licensed agency to keep a register in which shall be entered the name and sex of every person for whom employment is secured, and the amount of fee charged. Such licensed agency shall also enter into a register the name and address of every person for whom help or servants are secured. Such register shall at all reasonable hours be open to the inspection and examination of the secretary of labor or his agent, and a copy of such facts shall be filed with the secretary of labor not later than the 10th day of each succeeding calendar month.

SEC. 48-507. Receipts.-Every licensed agency shall issue a receipt to each person securing employment or help showing the occupation, name, and address of the applicant, and the amount of fee charged for procuring the position and such receipt shall also show the wages to be paid to said person securing employment, together with the name and address of the employer and the name of the agency issuing such receipt. Also the nature of the employment offered and if a strike or lockout is known to exist the fact shall be stated. Said receipt shall be made upon forms prescribed by the secretary of labor and the third copy to be retained by the agency issuing same. The carbon copy of each and every receipt issued shall be mailed to the secretary of labor as prescribed in section 6 [48-506].

SEC. 48-508. Fee.-A registration fee not to exceed $2 may be charged by such licensed agency when such agency shall be at actual expense in advertising such individual applicant, or in looking up the reference of such applicant. In all such cases a complete record of such references shall be kept on file which record shall, during all business hours, be open for the inspection of the secretary of labor, the chief deputy secretary of labor, or any other inspector appointed by the secretary of labor to make such inspection, and upon demand shall be subject to the inspection and examination by the applicant. For such registration fee a receipt shall be given to said applicant for help or employment, giving name of such applicant, date of payment, and character of position or help applied for. Such registration fee shall be returned to said applicants on demand, after thirty days and within sixty days from date of receipt, less the amount that has been actually expended by said licensed agency for said applicant, and an itemized account of such expenditures shall be presented to said applicant on request at the time of returning the unused portion of such registration fee, provided no position has been furnished by said licensed agency to and accepted by said applicant. No licensed person or persons shall, as a condition to registering or obtaining employment for such applicant, require such applicant to subscribe to any publication or exact other fees, compensation, or reward, other than the registration fee, aforesaid, and a further fee, the amount of which shall be agreed upon between such applicant and such licensed person, to be payable at such time as may be agreed upon in writing, "the amount of which, together with said registration fee of $2 added thereto shall in no case exceed 10 percent of all moneys paid to or to be paid or earned by said applicant, for the first month's service growing out of said employment furnished by said employer: Provided, however, that if through no fault of said applicant or employee, he fails to remain in service with said employer and other positions or places of employment are furnished to said applicant by said licensed agency, then said licensed agency shall not accept, collect, or charge more than one fee every three months," but the further fee aforesaid shall not be received by such licensed person before the applicant has been tendered a position by said licensed person.

In the event that the position, so tendered is not accepted by or given such applicant, said licensed person shall refund all fees requested by said applicant, other than the registration fees aforesaid within three days after demand is made therefor. No such licensed person shall send out any applicant for employment without having obtained a bona fide order therefor, and if it shall appear that no employment of the kind applied for existed at the place where said applicant