The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-10-26
EMPLOYMENT OF MINORS.
Important Change in the Child Labor and
Truant School Law.

portion of the present truant law
"An act to compel the elementary
education of children" 4022-1 to IA R.
S., the several departments interested
in the execution of the labor and
school laws, call attention to the fol-
lowing provisions of the Davis law:
"Section 1. Be it enacted by the
General Assembly of the State of Ohio,
That no child under the age of thir-
teen years shall be employed in any
factory, workshop, mercantile or other
establishment, directly or indirectly;
and no boy under Is years of age, and
no girl under 16 years of age, shall be
employed at any work performed for
wages or other compensation, or in
assisting any person employed as
wage-earner, when the public schools
in which district such child resides are
in session, providing this act shall not
apply to females working at house
hold work.
"Section 2. No minor under 16 years
Of age, and no girl under 1S years of
age, shall be employed at any work at
nighttime later than o'clock in the
evening nor earlier than 6 o'clock in
the morning, and no minor under 1S
years of age shall be employed in any
of the places named in section one of
this act for a longer period than ten
hours in one day, nor more than 55
hours in one week; and every such
minor under Is years of age shall be
entitled to no less than 30 minutes for
meal time at noon, but such meal time
shall not be included as part of the
work hours of the day; and every en-
ployer shall post in conspicuous
place in every room where such minors
are employed printed notice stating
the maximum number of work hours
required in one week, and in each day
of the week from such minors, such
printed notice to be furnished by the
chief inspector of workshops and fac
tories, and approved by the attorney
general; and it shall be the duty of
every employer of minors to keep a
correct record of same, which shall be
open to the inspection of the chief and
district inspectors of workshops and
factories, giving the name of each
minor employed and place of birth,
residence of parents or guardians, and
the character of employment engaged
in by such minor, and such record
shall be corrected whenever a change
occurs in the employment of such
minor.
"Section 3. Any person or corpora
tion who shall employ any minor con-
trary to the provisions of this act, or
who shall violate any of the provisions
thereof, shall upon conviction be fined
in any sum not less than $40 nor more
than $50, or imprisoned not less than
10 nor more than 30 days.
"Section 4. 1t shall be the duty of
the inspector of workshops and fac
tories to prosecute all violations of this
act, when the same shall come to his
knowledge, before competent author
ity, and the chief and district inspec-
tors of workshops shall have authority
the same as is invested in the truant
officer of any school district to enforce
school attendance of any child found
violating the school laws, or he shall
make complaint of such violation to
such truant officer, or to the clerk OF
the board of education in said district;
and all fines collected under this act
shall inure to the benefit of the school
fund of the district where the offense
was committed.
"Section 5. That said sections 69s6
69s6aa, 69S6bb and 69S6c, as cited in
title are hereby repealed, and this act
shall take effect and be in force on and
after it's passage"
Passed April 10, 1898.
Section of the Truant School Law
| (4022-2 R. S. provides that
"No child under the age of IA years
shall be employed by any person, com.
pany or corporation during the school
term, and while the public schools are
in session." etc.
The Davis law quoted above places
the age of boys at Is and girls at 16
The manifest discrepancy of the ages
named in the two acts was called to
the attention of the school commits.
sioner, who in turn requested the at.
torney-general's Interpretation of the
two acts. The following is the full
text of his opinion:
Complying with your personal re.
quest for legal construction of sec.
tion 4022-2 of the Revised Statutes oi
Ohio and section of what is common.
ly known as the Davis law, passed
April 10, 1898, (93 o. L., p. 1881, this
Office begs to submit the following
opinion:
"As you will observe, there is a spe.
cific repeal of part of section 4022-2 in
that the Davis law repeals section
69s6aa, which is incorporated in and
made part of section 4022-2. If this
were all, the other part of the section
would stand. But the age at which
children can be employed has, as you
will notice, been changed from IA tc
Is years, and this is such repugnancy
between the two acts as to preclude
their being reconciled so as to permit
giving effect to both acts. Therefore
under the rule of construction that
where it is necessary to hold an earlier
statute implicitly repealed by a later
one, on account of the conflict between
them, we hold that section / of the
Davis act repeals section 4O22-2. The
extent of the repeal being measured
by the extent of the conflict or incon,
sistency between the acts, and the
| ahova eactions haiuU the only nnns