Delaware General Assembly

CHAPTER 232.

MASTERS, APPRENTICES AND EMPLOYEES. CHILD LABOR.

AN ACT to amend Chapter 90 of the Revised Code of Delaware in relation to Child Labor.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Article 3 of Chapter 90 of the Revised Code of Delaware be and the same is hereby amended by repealing 3144, Section 44 to 3192, Section 92 thereof, inclusive and by inserting in lieu thereof the following sections to be styled 3144, Section 44; 3145, Section 45; 3146, Section 46; 3147, Section 47; 3148, Section 48; 3149, Section 49; 3150, Section 50; 3151, Section 51; 3152, Section 52; 3153, Section 53; 3154, Section 54; 3155, Section 55; 3156, Section 56; 3157, Section 57; 3158, Section 58; 3159, Section 59; 3160, Section 60; 3161, Section 61; 3162, Section 62; 3163, Section 63; 3164, Section 64; 3165, Section 65; 3166, Section 66; 3167, Section 67; 3168, Section 68; 3169, Section 69; 3170, Section 70; 3171, Section 71; 3172, Section 72; 3173, Section 73.

3144. Sec. 44. No child under fourteen years of age shall be employed, permitted or suffered to work in, about or in connection with any establishment or in any occupation except as hereinafter provided. Wherever the term "establishment" is used in this act, it shall mean any place within the State of Delaware where work is done for compensation of any kind to whomever payable; provided however, that this act shall not apply to children employed on the farm or in domestic service in private homes.

3145. Sec. 45. No child under fifteen years of age shall be employed, permitted or suffered to work in operating or assisting in operating steam-boilers or blast furnaces or any of the following machines, which, for the purposes of this act, are considered dangerous; circular saws; wood shapers; wood jointers; paper-lace machines; job or cylinder printing presses operated by power other than foot power; stamping machines used in sheet-metal and tin-ware or in paper and leather manufacturing, or in washer and nut factories; metal or paper cutting machines; corrugating rolls, such as are used in making corrugated paper, or in roofing or washboard factories; dough-brakes or cracker machinery of any description; wire or iron straightening or drawing machinery; rolling-mill machinery; power punches or sheares; washing or grinding or mixing machinery; calendar-rolls in paper and rubber manufacturing, or other heavy rolls driven by power; passenger elevators or lifts; or upon or in connection with any dangerous electrical machinery or appliances. Nor shall any child under fifteen years of age be employed, permitted or suffered to work, in any capacity, in adjusting or assisting in adjusting any belt to any machinery, or in proximity to any hazardous or unguarded belts, machinery or gearing, or in oiling, wiping or cleaning machinery, while any of the same is in motion; nor on scaffolding; nor in heavy work in the building trades; nor about docks or wharves; nor in stripping or assorting tobacco ; nor in, about or in connection with any processes in which dangerous or poisonous acids are used; nor in the manufacture or packing of paints, colors, white or red lead; nor in the manufacture or preparation of compositions with dangerous or poisonous gases; nor in the manufacture or use of dangerous or poisonous dyes; nor upon any railroad, steam, electric or otherwise; nor upon any vessel or boat engaged in the transportation of passengers or merchandise; nor in operating motor vehicles of any description ; nor in any tunnel or excavation; nor in, about or in connection with any mine, quarry, coal breaker or coke oven ; nor in or about any distillery, brewery, or any establishment where alcoholic liquors are manufactured or bottled.

In addition to the foregoing, it shall be unlawful for any child under fifteen years of age to be employed, permitted or suffered to work in any other occupation dangerous to the life or limb or injurious to the health or morals of such child, as such occupations shall, from time to time, after public hearing thereon, be so determined and declared by the Labor Commission of Delaware; provided however, if it should hereafter held by the courts of this State that the power herein sought to be granted to the said Commission is for any reason invalid, such holding shall not be taken in any case to affect or impair the remaining provisions of this Section.

3146. Section 46. No child under sixteen years of age shall be employed, permitted or suffered to work in, about or in connection with any establishment or in any occupation, except as hereinafter provided, unless the person, firm or corporation employing such child procures and keeps on file, and accessible to the State Child Labor Inspector, the employment certificate or permit issued to said child.

3147. Section 47. No child under sixteen years of age shall be employed, permitted or suffered to work for compensation of any kind upon the stage of any theatre or concert hall or in connection with any theatrical performance or other exhibition or show; provided however, that the State Child Labor Inspector may issue a permit allowing a child under said age to be employed upon the stage of the theatre or in connection with the theatrical performance or exhibition or show therein designated, for a limited period, when, in his opinion, such permit is justified by the evidence presented to him.

3148. Section 48. No person under eighteen years of age shall be employed, permitted or suffered to work in the outside erection or repair of electric wires; in the running or management of hoisting machines or of dynamos; in the operation or use of any polishing or buffing wheel; at switch-tending; at gate-tending; at track-repairing; as a brakeman, fireman, engineer, motorman or conductor upon any railroad or railway ; as a railroad telegraph operator; as a pilot, fireman or engineer of any boat or vessel engaged in the transportation of passengers; nor in or about any establishment wherein gunpowder, nitro-glycerine, dynamite or other high or dangerous explosives are manufactured or compounded.

3149. Section 49. No person under twenty-one years of age shall be employed, permitted or suffered to work in any room or rooms, wherein intoxicating liquors are sold or dispensed, of any establishment excepting establishments wherein intoxicating liquors are sold for medicinal or scientific purposes.

3150. Section 50. No person under twenty-one years of age shall be employed, permitted or suffered to work as a messenger for telegraph, telephone or messenger companies in the distribution, collection, transmission or delivery of goods or messages before six o'clock in the morning or after ten o'clock in the evening of any day in any town or city having a population of over 20,000 persons.

3151. Section 51. The employment certificates to be issued to children under sixteen years of age before they shall be entitled to work in any establishment or in any occupation, except as hereinafter provided, shall be of two classes--general employment certificates and provisional employment certificates. General employment certificates shall entitle the child, fourteen to sixteen years of age, to work at the occupations not herein forbidden during the entire year, under such regulations as may hereinafter be provided. Provisional employment certificates shall entitle the boy, twelve years of age or upwards, and the girl, fourteen years of age or upwards, to work at the occupations, which the Labor Commission of Delaware from time to time may determine and declare to be such as are not dangerous to the life or limb or injurious to the health or morals of such child, during the entire year, excepting such time as such child is required to attend public, private or parochial school under the provisions of the laws now in force or hereafter to be enacted, under such regulations as may hereinafter be provided.

3152. Section 52. Every employment certificate--general or provisional--shall be issued in duplicate and shall state the name, sex, date and place of birth, place of residence, color of hair and eyes, height and weight, any distinguishing physical characteristics and proof of age accepted, of the child for whom it shall be issued. It shall certify that the child named has personally appeared before the issuing officer and has been examined as hereinafter provided. It shall be dated the date of its issue and shall be signed by the child in whose name it is issued in the presence of the issuing officer. In addition to the foregoing every employment certificate shall state the character of the occupation in which the child to whom it is issued is permitted to be engaged and the conditions under which it can be legally used. The provisional certificate shall be of a color different from that of a general employment certificate.

3153. Section 53. All employment certificates shall be issued in the City of Wilmington by the Superintendent of Public Schools of said City or some person duly authorized by said Superintendent and in the other school districts of the State, where said certificates are applied for, they shall be issued by the principal of the public school or some person designated in writing by said principal. In the event that any aforesaid principal refuses to serve or fails to so designate some person to act in his stead, the Chairman of the Labor Commission shall designate some person to so act. Any designation may be revoked by the said Chairman at any time at his pleasure. Notification of the designation or revocation of persons to issue employment certificates shall be given to the State Child Labor Inspector, who shall keep on file a list of the persons, who from time to time, are duly qualified to issue said certificates in the several school districts of the State.

3154. Section 54. Any employment certificate--general or provisional--shall be issued only upon the application in person of the parent, guardian or legal custodian of the child for whom such employment certificate is requested; or, if the application in person by parent, guardian or legal custodian is impossible, then by the next friend, who must be over 21 years of age and who in the judgment of the issuing officer will best conserve the interests of the said child. Such application shall not be required in any subsequent issuance of a certificate.

3155. Section 55. The person authorized to issue a general employment certificate shall not issue such certificate until the child for whom such certificate is requested has personally appeared before and been examined by the said person or until the said person has received, examined, approved and filed, together with the duplicate of said certificate, the following papers, duly executed:

1. A statement signed by the prospective employer or by someone duly authorized on his behalf, stating that the said employer expects to give such child present employment and setting forth the character of the same.

2. A certificate signed by a physician designated by the Labor Commission stating that such child has been thoroughly examined by the said physician at the time of application for the employment certificate and is physically qualified for the employment specified in the statement of the prospective employer. In any case where the said physician shall deem it advisable, he may issue a certificate of physical fitness for a limited time; at the expiration of which time the holder shall again appear and submit to a new examination before being permitted to continue at work.

3. A school record filled out and signed by the principal or chief executive officer of the school where the child last attended and shall be furnished to any child who may be entitled thereto. It shall certify that the said child has completed a course of study equivalent to five yearly grades of the public school in spelling, reading, writing, arithmetic, geography, history of the United States and in the English language. Such record shall also give the name, date of birth and residence of the child, and the name of the parent, guardian or legal custodian, as shown on the records of the school.

4. A statement signed by the person issuing such employment certificate stating that the said child has been examined and can read intelligently and write legibly simple sentences in the English language.

5. Evidence of age showing that the child is fourteen years of age or upwards and shall consist of one of the following proofs of age, which shall be required in the order herein designated:

a. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other officer charged with the duty of recording births.

b. A baptismal certificate or transcript of the record of baptism, duly certified, showing the date of birth of such child.

c. A passport showing the age of such child as an immigrant.

d. Other documentary evidence of age (other than the affidavit of parent, guardian, legal custodian or next friend) of transcript thereof, duly certified, which shall appear to the satisfaction of the issuing officer to be good and sufficient proof of age.

e. In case none of the aforesaid proofs of age shall be obtainable, and only in such cases, the issuing officer may accept, in lieu thereof, the signed statement of the physician, designated by the Labor Commission, stating that, after examination, it is the opinion of such physician that such child has attained the age required by law for the occupation in which the said child expects to engage. Such statement shall be accompanied by an affidavit, signed by the parent, guardian, legal custodian or next friend, certifying to the name, date and place of birth of such child and that the parent, guardian, legal custodian or next friend, signing such statement, is unable to produce any of the proofs of age specified in the preceding sub-divisions of this section.

3156. Section 56. A general employment certificate shall, upon the termination of the employment of the child to whom it is issued, be returned by mail by the employer to the person issuing the same within twenty-four hours, if said return is demanded by said child, or, otherwise within three days after termination of said employment is known to the employer or his agents. The person to whom said certificate is so returned shall file said certificate and preserve the same until such time as the child to whom said certificate was issued shall make application for the same and present a statement from the prospective employer, as herein provided, when the certificate shall be re-issued after physical re-examination and subject to all the conditions as to filing and reporting that governed its first issuance.

3157. Section 57. The person authorized to issue a provisional employment certificate shall not issue such certificate until the following papers have been received, examined, approved and, together with the duplicate of said certificate, filed by said person:

1. The written statement of the principal or chief executive officer of the school which the child is attending, stating that such child is an attendant at such school with the grade such child shall have attained and that, in the opinion of the said principal or chief executive officer, such child is mentally fit to be engaged in the occupations determined and declared by the Labor Commission as suitable for a child of its age in addition to the regular school work required by law.

2. A certificate signed by the physician designated by the Labor Commission stating such child has been examined and, in the opinion of the said physician, the said child has reached the normal development of a child of its age and is physically able to be engaged in the occupations determined and declared by the Labor Commission as suitable for a child of its age in addition to the regular school work required by law.

3. Evidence of age showing that such child is twelve years of age or upwards, if the applicant be a male, or fourteen years of age or upwards, if the applicant be a female, and such evidence shall be of a character similar to the proofs of age required in the issuance of a general employment certificate.

3158. Section 58. A provisional employment certificate shall at all times be in the possession of the child to whom issued and shall be exhibited upon demand at any time to the State Child Labor Inspector. Such certificate shall be effective so long as the child, to whom it has been issued, is engaged in the occupation and during the hours set forth in said certificate. Such certificate may be revoked by the issuing officer for violation of the provisions under which the certificate was issued, or upon the recommendation of the principal or chief executive officer of the school such child is attending, or upon complaint of the State Child Labor Inspector or Chief Probation Officer of the Juvenile Court.

3159. Section 59. No child to whom an employment certificate—general or provisional--has been issued shall be employed, permitted or suffered to work in, about or in connection with any establishment or in any occupation for more than six days or more than fifty-four hours in any one week; nor more than ten hours in any one day; nor without at least thirty minutes continuous rest between 11.30 A. M. and 2 P. M. except that such rest period shall come not later than after five hours of work; nor before the hour of six o'clock in the morning or after the hour of seven o'clock in the evening of any day. The presence of such child in any establishment during working hours shall be prima facie evidence of its employment therein.

3160. Section 60. The Superintendent of Public Schools in the City of Wilmington shall transmit monthly, and other issuing officers quarterly, to the State Child Labor Inspector, a list of the names of children to whom general employment certificates have been issued with the name and address of the prospective employer, the character of the occupation the child intends to engage in and the time when said certificate will lapse and a list of the names of children whose certificates have been returned and the names of the employers returning same. At the same time they shall furnish a list of the names of children to whom provisional employment certificates have been issued and the character of the occupations they are permitted to be engaged in.

3161. Section 61. In any case where application has made for an employment certificate--general or provisional--for a child, who fails to meet any of the requirements for securing such certificates and it shall be found, after careful inquiry and thorough investigation by the State Child Labor Inspector, that the labor of such child is necessary for the support of itself or to assist in the support of its family, the Chairman of the Labor Commission, upon recommendation of the said Inspector, may issue a permit allowing the said child to be employed under the conditions set forth in the said permit.

3162. Section 62. At the expiration of the term of the present State Child Labor Inspector on the first day of May A.D. 1919, and every four years thereafter, the Labor Commission of Delaware shall appoint some suitable person, who shall be known as and be the State Child Labor Inspector, who shall serve for a term of four years from the time of said appointment, and whose duties shall be as herein prescribed. Any vacancies arising in the office of the State Child Labor Inspector by death, resignation or removal from office, or expiration of term, or otherwise, shall be filled by the said Labor Commission as herein provided. The State Child Labor Inspector shall have no other gainful occupation than the performance of his duties as herein set forth, and shall receive a salary of One Thousand and Eight Hundred Dollars per year, payable in equal monthly installments, by the State Treasurer out of any State funds in his hands not otherwise appropriated.

3163. Section 63. The State Child Labor Inspector may visit and inspect at any time any establishment in this State to ascertain whether any children are employed therein contrary to the provisions of this act and it shall be the duty of the said Inspector to make complaint against any person, firm or corporation violating any of its provisions and to prosecute the same.

3164. Section 64. The failure of a person, firm or corporation to produce to the State Child Labor Inspector the general employment certificate of a child, who is being employed, permitted or suffered to work under conditions requiring such a certificate or the refusal of such a child to give to the said Inspector his or her name, age and place of residence, shall be prima facie evidence of the illegal employment of such child.

3165. Section 65. The State Child Labor Inspector may make demand on any employer in or about whose establishment a child apparently under the age of sixteen years is employed, permitted or suffered to work, and whose employment certificate is not filed as required by this act, that such employer shall either furnish him, within ten days, satisfactory evidence that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such establishment. The said Inspector shall require from such employer the same evidence of age of such child as is required upon the issuance of an employment certificate and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child.

3166. Section 66. In case any employer shall fail to produce and deliver to the State Child Labor Inspector within ten days after demand is made for satisfactory evidence that a child is over sixteen years of age, the evidence of age required and shall thereafter continue to employ such child or permit or suffer such child to work in such establishment, proof of the making of such demand and of the failure to produce and deliver such evidence shall be prima facie evidence of the illegal employment of such child in any prosecution brought therefor.

3167. Section 67. The State Child Labor Inspector shall furnish upon the application of any person, firm or corporation employing a child under sixteen years of age, a printed copy of the sections of this act relating to the hours of labor and blank lists upon which shall be kept the names of all children employed under sixteen years of age, which copy and lists shall be posted in a conspicuous place in the establishment where such children are employed. Such printed copies, blank lists and certificates, and all other papers that may be required for compliance with the provisions of this act shall be formulated and printed by the Labor Commission of Delaware and furnished upon application by the State Child Labor Inspector.

3168. Section 68. Any person, firm or corporation, agent or manager of any firm or corporation, who, whether for himself or for such firm or corporation, or by himself, or through agents, servants, or foreman, shall violate any of the provisions of this act; or, who shall furnish or sell to any child, any articles of any description with the knowledge that such child intends to sell said articles in violation of the provisions of this act; or, who shall continue to furnish or sell articles of any description to a child after having received written notice from the State Child Labor Inspector; or, who, having under their control as a parent, guardian, legal custodian or otherwise, any child permits or suffers such child to be employed or to work in violation of the provisions of this act; or, who hinders or delays the State Child Labor Inspector in the performance of his duties, or refuses to admit or locks out the said Inspector from any establishment, which he is authorized under the provisions of this act to inspect, shall, for a first offense, be punished by a fine of not less than five dollars nor more than fifty dollars; for a second offense, by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a third offense, by a fine of not less than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. All fines collected under this section shall be paid into the treasury of the county where proceedings are brought, for the use of said county, and the costs in such cases as are dismissed shall be paid from the treasury of the aforesaid county.

3169. Section 69. Any Justice of the Peace of the State of Delaware shall have jurisdiction of any offense arising under this act, but any person, firm or corporation convicted of such offense before any such Justice of the Peace, shall have the right to appeal to the Court of General Sessions of the State of Delaware in and for the county in which said conviction was had, upon giving bond in the sum of One Hundred Dollars to the State of Delaware with surety satisfactory to the said Justice of the Peace by whom said person, firm or corporation was convicted, provided such appeal shall be taken and bond given within three days from time of said conviction.

3170. Section 70. Nothing in this act shall prevent children of any age from receiving industrial education furnished by the United States, the State of Delaware, or any city or town in the State, and duly approved by a school board or committee or other duly constituted public authority.

3171. Section 71. The provisions of this Act shall not apply to any child over the age of twelve years who may be employed, permitted or suffered to work in any establishment used for the purpose of canning or preserving or preparation for canning or preserving perishable fruits and vegetables.

3172. Section 72. Sections 44 to 73, inclusive, of this Chapter, may be cited as the Child Labor Law. It shall be so interpreted and construed as to effectuate its general purposes and objects.

3173. Section 73. All acts or parts of acts inconsistent herewith are hereby repealed.

Approved April 2, A. D. 1917.