the power of a court of equity, which is not always limited to the restraint of a contemplated or threatened action, but may even require affirmative action where the circumstances of the case demand it.

It appears from the testimony in this case that Lennon was on his run as engineer from Detroit, Mich., to Air Line Junction, near Toledo, with a train of 45 cars. Having reached an intermediate station called "Alexis," he was ordered to take on an empty car from the Ann Arbor road. He refused to take the car into the train, and held the train there for five hours, and then proceeded on his run after receiving a dispatch from the chairman of a committee of the engineer brotherhood instructing him to "come along and handle Ann Arbor cars." When he first received the order at Alexis to take the Ann Arbor car, he refused, and said "I quit," but afterwards agreed with the superintendent of the division to take the train to its destination if the order to take the boycotted car was countermanded. Though he claimed to have quit Alexis at about 10 o'clock, he brought his train to its destination, and, when told what his next run would be, gave no notice of having quit or intending to quit.

It is not necessary for us to decide whether an engineer may suddenly and without notice quit the service of a railway company at an intermediate station or between stations, though cases may be easily imag ined where a sudden abandonment of a train load of passengers in an unfrequented spot might imperil their safety and even their lives. It is sufficient, in the present case, to observe that the court found, upon the testimony, that the petitioner did not quit in good faith in the morning, but intended to continue in the company's service, and that his conduct was a trick and device to avoid obeying the order of the court. The finding of the court in this particular is not open to review, and hence the question whether the court has power to compel the performance of a personal contract for service does not arise. It was a question for the court to determine whether the petitioner's action in delaying the train five hours at Alexis was taken in pursuance of a determination to abandon the service of the company, or for the purpose of disobeying the lawful injunction of the court. The finding of the court was against the petitioner on that point.

There was no error in the judgment of the court of appeals, and it is therefore affirmed.

LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE

JANUARY 1, 1896.

INDIANA.

ACTS OF 1897.

CHAPTER 65.-Factories and workshops-Employment of women and children, etc. SECTION 1. No person under sixteen years of age and no woman under eighteen years of age, employed in any manufacturing establishment, shall be required, permitted or suffered to work therein more than sixty hours in any one week, or more than ten hours in any one day, unless for the purpose of making a shorter day on the last day of the week; nor more hours in any one week than will make an average of ten hours per day for the whole number of days in which such person or such woman shall so work during such week; and every person, firm, corporation or company employing any person under sixteen years of age or any woman under eighteen years of age in any manufacturing establishment shall post and keep posted in a conspicuous place in every room where such help is employed a printed notice stating the number of hours of labor per day required of such persons for each day of the week, and the number of hours of labor exacted or permitted to be performed by such persons shall not exceed the number of hours of labor so posted as being required. The time of beginning and ending the day's labor shall be the time stated in such notice: Provided, That such woman under eighteen and persons under sixteen years of age may begin after the time set for beginning and stop before the time set in such notice for the stopping of the day's labor, but they shall not be permitted or required to perform any labor before the time stated on the notices as the time for beginning the day's labor, nor after the time stated upon the notices as the hour for ending the day's labor.

SEC. 2. No child under fourteen years of age shall be employed in any manufacturing establishment within this State. It shall be the duty of every person employing children to keep a register, in which shall be recorded the name, birthplace, age and place of residence of every person employed by him under the age of sixteen years; and it shall be unlawful for any proprietor, agent, foreman or other person in or connected with a manufacturing establishment to hire or employ any child under the age of sixteen years to work therein without there is first provided and placed on file in the office an affidavit made by the parent or guardian, stating the age, date and place of birth of said child; if said child have no parent or guardian, then such affidavit shall be made by the child, which affidavit shall be kept on file by the employer, and said register and affidavit shall be produced for inspection on demand made by the inspector, appointed under this act. There shall be posted conspicuously in every room where children under sixteen years of age are employed, a list of their names, with their ages, respectively. (No child under the age of sixteen years shall be employed in any manufacturing establishment who can not read and write simple sentences in the English language, except during the vacation of the public schools in the city or town where such minor lives. The factory inspector shall have the power to demand a certificate of physical fitness from some regular physician in the case of children who may seem physically unable to perform the labor at which they may be employed, and shall have the power to prohibit the employment of any minor that can not obtain such a certificate.)

SEC. 3. No person, firm or corporation shall employ or permit any child under the age of fifteen years to have the care, custody, management of or to operate any elevator, or shall employ or permit any person under the age of eighteen years to have the care, custody, management or operation of any elevator running at a speed of over two hundred feet a minute.

SEC. 4. It shall be the duty of the owner or lessee of any manufacturing establishment where there is any elevator, hoisting shaft or well hole to cause the same to be properly and substantially enclosed or secured, if in the opinion of the factory

inspector it is necessary, to protect the lives or limbs of those employed in such establishment. It shall also be the duty of the owner, agent or lessee of each of such establishments to provide, or cause to be provided, if in the opinion of the inspector the safety of persons in or about the premises should require it, such proper trap or automatic doors so fastened in or at all elevator-ways as to form a substantial surface when closed, and so constructed as to open and close by the action of the elevator in its passage, either ascending or descending, but the requirements of this section shall not apply to passenger elevators that are closed on all sides. The factory inspector may inspect the cables, gearing or other apparatus of elevators in manufacturing establishments and require that the same be kept in safe con

dition.

SEC. 5. Proper and substantial hand rails shall be provided on all stairways in manufacturing establishments, and when in the opinion of the factory inspector it is necessary, the steps of said stairs in all such establishments shall be substantially covered with rubber, securely fastened thereon, for the better safety of persons employed in said establishments. The stairs shall be properly screened at the sides and bottom. All doors leading in or to such factory shall be so constructed as to open outwardly when practicable, and shall be neither locked, bolted nor fastened during working hours.

SEC. 6. If, in the opinion of the factory inspector, it is necessary to insure the safety of the persons employed in any manufacturing establishment, three or more stories in height, one or more fire escapes, as may be deemed by the factory inspector as necessary and sufficient therefor, shall be provided on the outside of such establishment, connected with each floor above the first, well fastened and secured, and of sufficient strength, each of which fire escapes shall have landings or balconies not less than six feet in length and three feet in width, guarded by iron railings not less than three feet in height, and embracing at least two windows at each story and connecting with the interior by easily accessible and unobstructed openings, and the balconies or landings shall be connected by iron stairs, not less than eighteen inches wide, the steps not be less than six inches tread, placed at a proper slant, and protected by a wellsecured hand rail on both sides, with a twelve-inch wide drop-ladder from the lower platform reaching to the ground. Any other plan or style of fire escape shall be sufficient, if approved by the factory inspector, but if not so approved, the factory inspector may notify the owner, proprietor or lessee of such establishment, or of the building in which such establishment is conducted, or the agent or superintendent, or either of them, in writing, that any such other plan or style of fire escape is not sufficient, and may by an order in writing, served in like manner, require one or more fire escapes, as he shall deem necessary and sufficient, to be provided for such establishment at such location and such plan and style as shall be specified in such written order. Within twenty days after the service of such order, he number of fire escapes required in such order for such establishment shall be provided therefor, each of which shall be either of the plan and style and in accordance with the specifications in said order required, or of the plan and style in the section above described and declared to be sufficient. The windows or doors to each fire escape shall be of sufficient size and be located as far as possible consistent with accessibility from the stairways and elevator hatchways or openings, and the ladder thereof shall extend to the roof. Stationary stairs or ladders shall be provided on the inside of such establishment from the upper story to the roof, as a means of escape in case of fire. SEC. 7. It shall be the duty of the owner, agent, superintendent or other person having charge of such manufacturing establishment, or of any floor or part thereof, to report in writing to the factory inspector all accidents or injury done to any person in such factory, within forty-eight hours of the time of the accident, stating as fully as possible the extent and cause of such injury and the place where the injured person is sent, with such other information relative thereto as may be required by the factory inspector. The factory inspector is hereby authorized and empowered to fully investigate the causes of such accidents, and to require such reasonable precautions to be taken as will in his judgment prevent the recurrence of similar accidents.

SEC. 8. It shall be the duty of the owner of any manufacturing establishment, or his agents, superintendent or other person in charge of the same, to furnish and supply, or cause to be furnished and supplied therein, in the discretion of the factory inspector, where machinery is used, belt shifters or other safe mechanical contrivances for the purpose of throwing on or off belts or pulleys; and wherever possible, machinery therein shall be provided with loose pulleys; all vats, pans, saws, planers, cogs, gearing, belting, shafting, set-screws and machinery of every description therein shall be properly guarded, and no person shall remove or make ineffective any safeguard around or attached to any planer, saw, belting, shafting or other machinery, or around any vat or pan, while the same is in use, unless for the purpose of immediately making repairs thereto, and all such safeguards shall be promptly replaced. By attaching thereto a notice to that effect, the use of any machinery

may be prohibited by the factory inspector, should such machinery be regarded as dangerous. Such notice must be signed by the inspector, and shall only be removed after the required safeguards are provided, and the unsafe or dangerous machine shall not be used in the meantime. Exhaust pans of sufficient power shall be provided for the purpose of carrying off dust from emery wheels and grindstones, and dust-creating machinery therein. No person under eighteen years of age, and no woman under twenty-one years of age, shall be allowed to clean machinery while in

motion.

SEC. 9. A suitable and proper wash room and water-closets shall be provided in cach manufacturing establishment, and such water-closets shall be properly screened and ventilated and be kept at all times in a clean condition, and if women or girls are employed in any such establishment, the water-closets used by them shall have separate approaches and be separate and apart from those used by men. All waterclosets shall be kept free of obscene writing and marking. A dressing room shall be provided for women and girls, when required by the factory inspector, in any manufacturing establishment in which women and girls are employed.

SEC. 10. Not less that sixty minutes shall be allowed for the noon-day meal in any manufacturing establishments in this State. The factory inspector shall have the power to issue written permits in special cases, allowing shorter meal time at noon, and such permit must be conspicuously posted in the main entrance of the establishment, and such permit may be revoked at any time the factory inspector deems necessary, and shall only be given where good cause can be shown.

SEC. 11. The walls and ceilings of each room in every manufacturing establishment shall be lime washed or painted, when in the opinion of the factory inspector it shall be conducive to the health or cleanliness of the persons working therein.

SEC. 12. The factory inspector, or other competent person designated for such purpose by the factory inspector, shall inspect any building used as a workshop or manufacturing establishment or anything attached thereto, located therein, or connected therewith, which has been represented to be unsafe or dangerous to life or limb. If it appears upon such inspection that the building or anything attached thereto, located therein, or connected therewith, is unsafe or dangerous to life or limb, the factory inspector shall order the same to be removed or rendered safe and secure, and if such notification be not complied with within a reasonable time, he shall prosecute whoever may be responsible for such delinquency.

SEC. 13. No room or rooms, apartment or apartments in any tenement or dwelling house shall be used for the manufacture of coats, vests, trousers, knee-pants, overalls, cloaks, furs, fur trimmings, fur garments, shirts, purses, feathers, artificial flowers, or cigars, excepting by the immediate members of the family living therein. No person, firm or corporation shall hire or employ any person to work in any one room or rooms, apartment or apartments, in any tenement or dwelling house, or building in the rear of a tenement or dwelling house, at making, in whole or in part, any coats, vests, trousers, knee-pants, fur, fur trimmings, shirts, purses, feathers, artificial flowers, or cigars, without obtaining first a written permit from the factory inspector, which permit may be revoked at any time the health of the community, or of those employed therein, may require it, and which permit shall not be granted until an inspection of such premises is made by the factory inspector, assistant factory inspector, or a deputy factory inspector, and the maximum number of persons allowed to be employed therein shall be stated in such permit. Such permit shall be framed and posted in a conspicuous place in the room, or in any one of the rooms to which it relates.

SEC. 14. No less than two hundred and fifty cubic feet of air space shall be allowed for each person in any workroom where persons are employed during the hours between six o'clock in the morning and six o'clock in the evening, and not less than four hundred cubic feet of air space shall be provided for each person in any one workroom where persons are employed between six o'clock in the evening and six [o'clock] in the morning. By a written permit the factory inspector may allow persons to be employed in a room where there are less than four hundred cubic feet of air space for each person employed between six o'clock in the evening and six o'clock in the morning: Provided, Such room is lighted by electricity at all times during such hours while persons are employed therein. There shall be sufficient means of ventilation provided in each workroom of every manufacturing establishment, and the factory inspector shall notify the owner in writing to provide, or cause to be provided, ample and proper means of ventilation for such workroom, and shall prosecute such owner, agent or lessee if such notification be not complied with within twenty days of the service of such notice.

SEC. 15. The governor shall, by and with the advice and consent of the senate, appoint a factory inspector; said factory inspector shall hold and continue in office, after the expiration of his term of office until his successor shall be appointed and qualified. The term of office of the factory inspector shall be two years. The annual salary of such inspector shall be one thousand five hundred dollars ($1,500), payable

in monthly installments; said inspector shall, by and with the consent of the governor, appoint one assistant factory inspector whose salary shall be one thousand dollars ($1,000) per year, and he shall hold his office subject to removal by said inspector or the governor; shall be paid monthly by the treasurer upon the warrant of the auditor, issued upon proper vouchers therefor.

SEC. 16. It shall be the duty of the factory inspector to cause this act to be enforced, and to cause all violators of this act to be prosecuted, and for that purpose he is empowered to visit and inspect at all reasonable hours, and as often as shall be practicable and necessary, all manufacturing establishments in this State. It shall be the duty of the factory inspector to examine into all violations of laws made for the benefit of labor and to prosecute all violations thereof. It shall be unlawful for any person to interfere with, obstruct or hinder said inspector while in the performance of his duties or to refuse to properly answer questions asked by him with reference to any of the provisions hereof. The factory inspector shall make an annual report of his doings as such inspector to the governor during the month of January of each year. Such inspector shall have the power as a notary public to administer oaths and take affidavits in matters connected with the enforcement of the provisions of this act.

SEC. 17. The prosecuting attorney of any county of this State is hereby authorized upon request of the factory inspector or of any other person of full age, to commence and prosecute to termination before any circuit or criminal court or police court, in the name of the State, actions or proceedings against any person or persons reported to him to have violated the provisions of this act.

SEC. 18. The words "manufacturing establishment," wherever used in this act, shall be construed to mean any mill, factory or workshop where ten or more persons are employed at labor.

SEC. 19. A copy of this act shall be conspicuously posted and kept posted in each workroom of every manufacturing establishment in this State.

SEC. 20. Any person who violates or omits to comply with any of the provisions, or who refuses to comply with the orders of the factory inspector, properly made under the provisions of this act, or who suffers or permits any child to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than fifty dollars for the first offense, and not more than one hundred dollars for the second offense, to which may be added imprisonment for not more than ten days, and for the third offense a fine of not less than two hundred and fifty dollars and not more than thirty days' imprisonment. SEC. 21. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

Approved March 2, 1897.

CHAPTER 84.-Coal mines-Examination of bosses and engineers.

SECTION 1. After three months from the taking effect of this act it shall be unlaw. ful for any person to serve in the capacity of mine boss, fire boss, or hoisting engi neer at any coal mine in this State without having first received from the inspector of mines a certificate of service or of competency as hereinafter described and provided.

SEC. 2. Certificates of service shall be issued by the inspector of mines to any person who shall furnish satisfactory proof that he has been engaged as, and has successfully discharged the duties of, mine boss, fire boss, or hoisting engineer at coal mines in this State for three years preceding the granting of such certificate. SEC. 3. Certificates of competency shall be issued by the inspector of mines to any person who shall prove satisfactorily upon examination, either written or oral, or both, as may be prescribed by such inspector, that he is qualified by experience and technical knowledge to perform the duties of either mine boss, fire boss, or hoisting engineer at the coal mines of the State. Examinations for certificates of service or competency shall be public and open to all citizens of the United States, and at least fifteen days' notice of such examination shall be given by publication in a newspaper published in the city where such examination is to be held. No certificate shall be issued to any person entitling him to serve in more than one of the capacities set out in this section, but two or more certificates may be issued to the same person on proper examination.

SEC. 4. It shall be the duty of the inspector of mines to hold examinations for certificates of service and competency within sixty days after this act takes effect in each of the cities of Brazil, Terre Haute, Washington and Evansville, and to publish notice of such examinations as provided in section three of this act, stating the time and place where examinations are to be held, and shall make and publish rules and regulations under which such examinations shall be conducted, previous to the first of such examinations.

SEC. 5. It shall be unlawful for any owner, operator or agent of any coal mine in