CHAPTER 138.-Labor commission.

sion.

Labor commis- SECTION 2146 (as amended by chapter 339, Acts of U. S. Congress, 1899-1900).-The governor of the Territory is hereby authorized and directed to appoint a commission of three persons, who shall be known as the "Labor commission," and all of whom shall serve without pay. One of the commissioners shall be designated by the governor to be chairman of the commission, and shall have power to administer oaths. Members of the commission may be removed at any time by the governor.

Duties.

SEC. 2148 (as amended by chapter 339, Acts of U. S. Congress, 1899– 1900). It shall be the duty of the said commission to make a full and careful inquiry and investigation into the following matters, so far as the same shall not have been done by the labor commission provided for in Act IV of the executive and advisory councils of the Republic, and to report from time to time to the legislature, if the same shall be in session, or to the executive council if the legislature shall have adjourned:

1. The number and nationality and residence of all agricultural laborers now employed in the Territory, showing the number engaged in each particular branch of agriculture.

2. The rate of wages paid to the different nationalities of such laborers in the different portions of the Territory.

3. The number, nationality and residence of all mechanics now employed in the Territory.

4. The rate of wages paid to the different nationalities of such mechanics in the different portions of the Territory.

5. The prices received by Hawaiian sugar planters for raw sugar. 6. The cost of producing sugar, showing, so far as practicable, the cost of each stage and process, and showing more particularly the proportionate cost of unskilled labor.

7. Whether or not an increased number of agricultural and other unskilled laborers will be needed in the near future, and if so, in connection with what industries and how many laborers will probably be required.

8. The trials which have been given to cooperative production, or profit sharing, in the production of sugar, rice or other agricultural products in this country, giving, so far as practicable, the details of the several agreements and methods adopted, and the results thereof. 9. Whether or not a system of cooperative production or profit sharing is feasible in connection with the main agricultural industries of the country; and if so, upon what lines.

10. Whether or not such a system of production has ever been adopted in any other country situated similarly to Hawaii, and in the production of similar products to those produced here; and if so, what the results were.

11. Whether or not there is anything in the climatic or other conditions in this country which render it physically impossible for Europeans and Americans to successfully engage in field labor in this country.

12. If Europeans and Americans are found capable of personal field labor, whether or not it is feasible to secure the immigration of a sufficient number of Europeans or Americans to supply the present and probable requirements for unskilled labor. If so, upon what terms and by what means, and from what countries.

13. What the effect of Chinese immigration has been in this country. 14. What the effect of restriction of such immigration has been. 15. Whether or not it is necessary or advisable to allow the further immigration of Chinese. If so, upon what conditions.

16. What the effect of Japanese immigration has been in this country. 17. Whether or not it is necessary or advisable to allow the further immigration of Japanese. If so, upon what conditions.

18. What the condition of field labor and of mechanics is and during the last few years has been in this country, as compared with other countries.

19. What rate of wages is paid in other countries to skilled and mechanical labor in the production of products similar to those raised here.

20. In what manner and to what extent men introduced as contract laborers have competed with the mechanical or business interests of the country.

21. Any other matters of a kindred character which will throw light upon the subject and tend to solve the problems incidental to the labor question in this country.

be furnished.

SEC. 2149. It shall be the duty of all government officers, officers of Information to corporations, and other persons, to furnish to such commission, upon its request, all information within their knowledge bearing upon the subject-matter of this act; and power is hereby conferred upon such commission, or a majority of its members, to issue subpoenas to witnesses to appear and testify before such commission, and to produce papers before it, in the same manner as subpoenas are issued by the supreme court. Disobedience or refusal to answer questions asked pursuant to any subpoena issued by such commission may be punished by any justice of the supreme court, on a certification to him by the commission or a majority of its members, of the fact of such disobedience; the punishment to be the same as that for disobedience of a subpoena of the supreme court.

SEC. 2150. The said commission is hereby authorized to employ a Employment secretary or such other clerical assistance as may be necessary in col- of assistance. lecting and arranging the above information; also a stenographer and typewriter when required, and to fix the compensation of the same, subject to the approval of the minister of the interior; also to incur the necessary incidental expenses connected with the performance of the work of the commission, including traveling expenses of the members of the commission, and of witnesses summoned by them: Provided, however, That no expense shall be incurred for traveling beyond the limits of this Territory.

Expenses.

SEC. 2151. For the purposes of defraying the expenses of such commission there is hereby authorized to be drawn from the public treasury any balance that may remain unexpended from the amount appropriated for the expenses of the labor commission in Act IV of the executive and advisory councils of the Republic, after paying the expenses incurred by the said commission up to the time of the appointment of the commission provided for in this act. The money herein appropriated shall be drawn from the treasury in such manner and under such regulations as shall be prescribed by the executive council. SEC. 2152. As soon as practicable after the appointment of the com- Duty of premission provided for in this act, the commission provided for in Act vious commisIV of the executive and advisory councils of the Republic shall transfer thereto all books, papers, records and public property of every kind that may be in its possession or under its control, and shall thereupon cease to exist.

[The offices whose incumbents formed the "executive counci!" were abolished by Chapter 339, acts of Congress of 1899-1900. This includes the office of "minister of the interior," whose duties in connection with the above commission (section 2150) are not assigned.]

SECTION 21. No elector shall be prevented by any employer from attending the polls during the hours set apart for election, by reason of any labor contract or otherwise.

sion.

Electors may attend polls.

PENAL LAWS OF 1897.

CHAPTER 35.-Sunday labor.

forbidden.

SECTION 317. All labor on Sunday is forbidden, excepting works of Sunday labor necessity or mercy, in which are included all labor that is needful for the good order, health, comfort or safety of the community, or for the protection of property from unforeseen disaster, or danger of destruction or injury, or which may be required for the prosecution of or attendance upon religious worship, or for the furnishing of opportunities of reading or study: Provided, however, that on Sunday until nine o'clock in Exceptions. the morning barber shops may be kept open and fresh meat and fresh

Penalty.

Definition.

Laundries, etc., to be erected.

Board of health.

Only buildings provided to be used.

Penalty.

Roof, capacity, etc.

Sanitation.

Access to be given.

Penalty.

Sprinkling

goods mouth.

fish may be sold and delivered; that until nine o'clock in the morning and after three o'clock in the afternoon milk may be delivered and cattle, sheep and swine may be slaughtered; that during the entire day meals may be sold to be eaten on the premises where sold or served elsewhere by caterers, drugs, medicines and surgical appliances may be sold, personal baggage may be conveyed to and from vessels leaving and arriving at port on that day, that the railroads may on Sunday carry passengers to connect with the steamers and public carriages, horse cars and licensed shore boats may convey passengers for hire, and that all labor which may be lawfully performed on Sunday shall be conducted, as far as possible, so as not to interfere with the right of the community and of each individual to quiet and repose.

SEC. 319. Any person violating any of the provisions of sections 317 * * *shall, on conviction, be fined not over fifty dollars or be imprisoned not over thirty days.

SEC. 321. Sunday, within the meaning of the provisions of this act, is the first day of the week and includes the time between the midnight preceding and the midnight following the same day.

CHAPTER 59.-Regulation of laundries.

SECTION 927. It shall be lawful for, and the minister of the interior is hereby authorized and empowered to cause to be built and erected in the district of Kona, Island of Oahu, a sufficient number of laundries and wash houses, and to let the same to persons applying therefor at such rents, and upon such terms as the said minister shall deem advisable. And in like manner to designate and use for such purposes buildings already erected.

SEC. 928. Such laundries and wash houses when erected shall be under the supervision and control of the board of health.

SEC. 929. From and after the date of publication of this act, every person who shall carry on the business of laundry keeping or washing for hire, within the limits of the city of Honolulu, except in such buildings as shall be provided for such purpose, in accordance with the provisions of section 927, shall be liable to a fine not to exceed fifty dollars for each and every day or part of a day during which he shall so carry on such business, and in default of payment of such fine shall be imprisoned at hard labor until such fine is paid.

[See note following section 2152, Civil Laws, above. A superintendent of public works is charged with the duties of the former minister of the interior relative to public works.]

CHAPTER 59.-Tenement and lodging houses-Inspection, etc.

SECTION 938. Every house or tenement used or occupied as a dwelling for lodgers or contract laborers shall be kept by its owner in good repair, and with roof water-tight, and shall have the capacity of not less than three hundred cubic feet of space for each adult, or nine hundred cubic feet for one man and woman and two children.

SEC. 939. The yard and grounds about all dwellings shall be well drained and kept free from rubbish of every description, with a closet, or privy, also to be kept in repair by the lodging-house keeper or employer of laborers, for every six adults.

SEC. 940. Every owner or keeper and every other person having the care or management of a lodging house or of a dwelling for contract laborers shall at all times when required by the board of health or its agents give free access to such house or any part thereof.

SEC. 941. Every lodging-house keeper or employer of laborers who shall fail to comply with the provisions of this act shall pay a fine not exceeding fifty dollars.

ACTS OF 1898.

ACT No. 31.-Regulation of laundries.

SECTION 1. It shall be unlawful for any person to eject water or from other fluid from his mouth upon any clothing, bed clothing, napery, towels or other articles of like character, in preparing the same for ironing or pressing or in ironing or pressing them.

SEC. 2. Any person so doing shall be deemed guilty of a misde- Penalty. meanor and upon conviction thereof shall be fined not exceeding ten dollars; and upon conviction of a subsequent offense shall be fined not exceeding twenty dollars.

ACT No. 33.—Regulation of laundries.

Laundries to

SECTION 1. The minister of the interior with the approval of the executive council may issue to any person, partnership or corporation be licensed. a license to erect, maintain and operate a steam laundry within the District of Kona, Island of Oahu, upon such conditions as to location and otherwise as shall be set forth in the license.

SEC. 2. Said license shall not be issued except upon the certificate Inspection. of the board of health, setting forth that an agent of said board has examined the location at which it is proposed to operate said steam laundry, and that the same is suitable for the purpose.

SEC. 3. The annual fee for said license shall be fifty dollars.

SEC. 4. Said steam laundries shall be subject to such regulations as to sanitation as may be prescribed from time to time by the board of health.

[See note following section 2152, Civil Laws, above. The duties of the former minister of the interior as to the issuing of licenses devolve upon the treasurer of the Territory.]

ACTS OF 1901.

ACT No. 9.-Exemption of wages from execution, etc.

SECTION 1. The following described personal property shall be exempt from attachment, execution, distress and forced sale of every nature and description:

SEC. 8 (as amended by act No. 52, Acts of 1903). One half of the wages due every laborer or person working for wages.

ACT No. 17.-Payment of wages-Deductions, offsets, etc. SECTION 1. It shall be unlawful for any person, firm, partnership or corporation, within this Territory, to deduct and retain any part or portion of any wages due and payable to any laborer or employee, or to collect any store account, offset or counter claim without the written consent of such laborer or employee or by action in court as provided by law.

Fee.

Regulations.

Exemptions.

Written con

sent required.

SEC. 2. No fines, offsets or counter claims shall be collected, de- Fines, offsets, ducted, or retained out of any wages due and payable to any laborer etc. or employee by any person, firm, partnership or corporation, in this Territory, unless by action in court and judgment therefor first obtained as provided by law.

SEC. 3. Any person, partnership, firm or corporation who shall vio- Penalty. late any provision of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars and not more than one hundred dollars.

ACTS OF 1903.

ACT No. 37.-Employment of labor on public works.

SECTION 1.-No person shall be employed as a mechanic or laborer Aliens not to upon any public work carried on by this Territory, or by any political be employed. subdivision thereof, whether the work is done by contract or otherwise, unless such person is a citizen of the United States, or eligible to

become a citizen: Provided, however, In the event unskilled citizen Proviso.
labor, or unskilled labor eligible to become citizen labor, can not be
obtained to do the required work, the superintendent of public works,
or the county board of control, or the mayor, or other chief executive of
any municipality, respectively, shall have the power to issue permits
to employ other than citizen, or eligible to become citizen, unskilled

H. Doc. 733, 58-2-17

Eight hours a day's work.

Contract.

Penalty.

Bureau of immigration, etc.

missioner.

labor until said citizen, or eligible to become citizen, unskilled labor can be obtained.

SEC. 2. Eight hours of actual service shall constitute a day's labor for all mechanics, clerks, laborers and other employees employed upon any public work or in any public office of this Territory, or any political subdivision thereof, whether the work is done by contract or otherwise: Provided, however, That the full eight hours shall not apply to Saturdays or any holiday.

SEC. 3. A stipulation that no mechanics, clerks, laborers and other employees employed upon any public work in the employ of the contractor or subcontractor shall be required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency, and that no mechanic or laborer, other than a citizen of the United States, or eligible to become a citizen, shall be employed, shall be contained in every contract to which the Territory or any political subdivision thereof is a party.

SEC. 4. Any contractor, person, firm or corporation, or any officer of the Territory, or of any political subdivision thereof, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense. Any and each and every such violation shall be deemed a separate offense for each day thereof, and for each mechanic, clerk, laborer and other employee employed upon any public work, employed in violation of the provisions of this act. Any contract or subcontract for any public work in this Territory that does not comply with the provisions of section 3 of this act shall be absolutely void.

IDAHO.

CONSTITUTION.

ARTICLE 13.-Bureau of immigration, labor and statistics.

SECTION 1. There shall be established a bureau of immigration, labor and statistics, which shall be under the charge of a commissioner of immigration, labor and statistics, who shall be appointed by the govDuties of com-ernor, by and with the consent of the senate. The commissioner shall hold his office for two years, and until his successor shall have been appointed and qualified, unless sooner removed. The commissioner shall collect information upon the subject of labor, its relation to capital, the hours of labor and the earnings of laboring men and women, and the means of promoting their material, social, intellectual and moral prosperity. The commissioner shall annually make a report in writing to the governor of the State of the information collected and collated by him, and containing such recommendations as he may deem calculated to promote the efficiency of the bureau.

Same subject.

Eight hours a day's work.

Age limit.

Aliens not to be employed.

SEC. 8. The commissioner of immigration, labor and statistics shall perform such duties and receive such compensation as may be prescribed by law.

ARTICLE 13.-Hours of labor on public works.

SECTION 2. Not more than eight (8) hours' actual work shall constitute a lawful day's work on all State and municipal work.

ARTICLE 13.-Employment of children in underground mines. SECTION 4. The employment of children under the age of fourteen (14) years in underground mines is prohibited.

ARTICLE 13.-Employment of aliens on public works.

SECTION 5. No person, not a citizen of the United States, or who has not declared his intention to become such, shall be employed upon, or in connection with, any State or municipal works.