The enactment of the proposed change in section 21, however, will effect the desired improvement in a much simpler manner. "A corporation, joint stock association, or person engaged in the business of operating a mercantile establishment, by leave or otherwise, shall not by deduction," etc. (Balance of section changed to correspond.) NOTE. It is desirable to give the benefits of section 24 to employees of joint stock associations, or firms or persons, as well as corporations. Further, the proposed insertion harmonizes with the language used in section 11 of Article 2. ARTICLE 3 Variations. (Chap. 719 of Laws of 1915.) Review by Commission. (Chap. 674, Laws of 1915.) Section 52-b. tions and orders. Review by court. (Chap. 674, Laws of 1915.) Limited review of provisions of chapter and of rules, regula(Chap. 674, Laws of 1915.) Section 52-d. Variations. (Chap. 674, Laws of 1915.) Repeal sections 52-a, 52-b, 52-c of chapter 674 of the Laws of 1915 (section 52-d, chapter 674, of the Laws of 1915 was superseded by section 52-a-Variations, being chapter 719 of the Laws of 1915), and amend section 52-a of the Labor Law, to read as follows: 52-a. Variations.-1. If there shall be practical difficulties or unnecessary hardship in carrying out any provision of this chapter, or rule, or regulation, adopted by the State Industrial Commission thereunder, the Industrial Commission shall have power to make a variation from such requirements if the spirit of the provision or rule or regulation shall be observed and public safety secured. Any person affected by such provision, or rule, or regulation, or his agent, or attorney, may petition the said Industrial Commission for such variations, stating the grounds therefor. The Commission shall fix a day within a reasonable time for a hearing on such petition, if in its judgment it is deemed necessary, which shall be public, and give notice thereof to the petitioner, who may appear in person, or by agent, or attorney. 2. The petition shall be verified and filed with the Commission and shall state in full detail: a. The rule, regulation, or order upon which the hearing is desired. b. The issues to be considered by the Commission on the hearing. c. The interest of the petitioner in the property involved. d. The name and address of the owner of the property and such other information as the Commission may prescribe. e. The petitioner shall be deemed to have waived all objections to any irregu larities or illegalities in the rule, regulation or order upon which a hearing is sought, other than those set forth in the petition. 3. The decision of the State Industrial Commission, whether granting or denying the application, shall be in the form of a resolution, and shall be final. At least three affirmative votes shall be necessary for the adoption of such resolution, and such resolution shall contain a description of the conditions under which such variation shall be permitted. A similar variation shall be granted by the Commission upon such a petition to all buildings, installations or conditions where it is shown by the petitioner that the facts are substantially the same as those stated in the original variation. 4. A record of all such variations shall be kept in the office of the State Industrial Commission and shall be properly indexed under section numbers of the law or industrial code to which each variation applies and shall be open to public inspection during business hours. 5. The powers conferred upon the Commission shall be subject to the requirements of this chapter that all places to which it applies shall be so constructed, equipped, arranged, operated and conducted in all respects as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein. NOTE. The above proposed amendment covers the general provisions of the sections involved, except that it omits the provisions for review by court, as set forth in sections 52-b and 52-c. The position of the Commission, with the changes above outlined, will be greatly strengthened, and the fertile field of delay now open to those wishing to avail themselves of it, through appeal to the courts in civil proceedings, will be closed. No right, which is inherently in the individual, will in any way, shape or manner be denied by the change proposed. Appeal for relief from any order deemed proper subject for variation or relief is left open in full to the individual, and the judgment of a Commission expert upon such matters is rightfully made final. The review by court is still open to any individual desiring it, as in the event of failure to comply with the decision of the Commission, and, therefore, with the orders involved, and a prosecution and conviction following, the right of appeal is always in the defendant. ARTICLE 4-SECTION 57 Provide that the Homework Division be in charge of the Chief of the Home. work Division. ARTICLE 6 SECTIONS 79-a, 79-b, 79-c 66 Amend the opening words of each one of these three sections by the insertion of the words "or permitted" after the words no factory shall be conducted." The reading will then be, in effect, at the opening of each of the three sections enumerated: No factory shall be conducted or permitted, etc. NOTE. This amendment is desirable in order to place more clearly the absolute responsibility of the owner as to the provisions of these sections, it being shown by section 94 of the Labor Law that the intent of the Legislature was to make the owner responsible for such structural changes. It is further believed that this will materially strengthen the Commission in the enforcement of these sections looking to structural improvements tending to reduction of fire risks in factory buildings. Add to subdivision 1, after the word "roof," changing the period to a comma, these words: whenever safe egress may be had from the roof to an adjoining or nearby structure. NOTE. This change is suggested in order to bring about conformity with a similar requirement in section 79-b, where it is provided that required exits shall be extended whenever safe egress may be had to an adjoining or nearby structure. Strike out the words "stair hall and," making the sentence read: "In every factory building six or seven stories in height, in which combustible materials are manufactured, and in every factory building over seven stories in height, or over 90 feet in height, in which wooden flooring or wooden trim," etc. (Balance of section unchanged.) NOTE. The object of this change is to bring about harmony with the requirements of the law and the Industrial Code rules in respect to buildings in which combustible materials are manufactured and to leave no hiatus between the requirements of the law and the rule. ARTICLE 6-SECTION 90 Amend this section to read: The Commissioner of Labor, or other competent person designated by him, upon request, shall examine any factory outside of the City of New York." (Balance of section unchanged.) ARTICLE 12-SECTION 174 Add a new section to Article 12, relating to mercantile establishments, numbering it section 174, as follows: "The owner of the building in which a mercantile establishment is conducted shall be responsible for the observance, and punishable for the nonobservance, of the following provisions of this article, anything in any lease to the contrary notwithstanding, namely: The provisions of sections 168, 168-a, 168-b, 168-c, 168-e, 168-f; except that the lessee or tenants conducting the mercantile establishment shall also be responsible for the observance and punishable for the non-observance within their respective holdings, of the provisions of sections 168, 168-a, 168-b, 168-d and 168-e, and subdivision 7 of section 168-e. Except as in this article otherwise provided, the person or persons, company or corporation, conducting or operating a mercantile establishment, shall be responsible for the observance and punishable for the nonobservance of the provisions of this article, anything in any lease or agreement to the contrary notwithstanding. NOTE. It is highly important that this section be enacted and added to Article 12. The form in which it is drafted follows the measure as introduced in the Recodification measure last year by the New York State Factory Investigating Commission. As the law now stands, the responsibility for the sections enumerated, which relate to cleanliness, sanitation and structural changes, is lodged nowhere. PENAL LAW Amend section 1275 of the Penal Law by making the penalty an out and out misdemeanor, except that the minimum penalties now established for a first, second and third offense be retained. This also will necessitate the striking out of the maximum penalties recited for the three grades of offense. NOTE. The above change is highly desirable in order to give to the courts greater power in the matter of punishment in flagrant cases. Criticism of the law has frequently been made by the courts, to the effect that the maximum penalty permitted in such matters as fire hazards and locked doors is altogether inadequate and should be increased. GENERAL 1. Add to the Labor Law a new section providing that any violation of a provision of the Labor Law, or failure to comply therewith, shall be punishable also by a civil penalty of not less than $250 in each instance, to be sued for by the State Industrial Commission in its name of office. NOTE. The enactment of such a measure will enable the Commission to reach parties who are responsible but who, owing to residence in other states or countries, cannot be reached by criminal process. 2. Amend the charter of the city of Rochester in relation to the powers of the Police Court, so that it may have power to hear and determine actions against corporations without making it necessary to transfer the same to the grand jury. 3. Amend the General Business Law, section 392-a, in relation to marking mattresses. - NOTE. The enforcement of this section of the General Business Law is placed upon the State Industrial Commission. The section requires redrafting, as at present successful prosecution under the same is impossible. A measure of this kind was introduced in the session last year, toward the close of the session. 4. Enact a new section, incorporating the same in Article 2 of the Labor Law, as follows: It shall not be lawful for any owner of a factory building, or occupant thereof, against which orders of the Industrial Commission issued pursuant to provisions of the Labor Law, in relation to fire hazards or sanitation, shall have been uncomplied with for a period of sixty days following issuance, to further use or permit the use of such building for factory purposes. NOTE. The enactment of this section is highly desirable, in order to give the Industrial Commission power to protect the lives of factory workers by vacation of a building, if necessary, where such orders are steadfastly neglected by the responsible parties. 5. It is recommended that chapter 321 of the Laws of 1915, being an amendment to section 8-a of the Labor Law, be re-enacted, it having been held by the Attorney-General that this chapter was inadvertently repealed by the later chapter 648 of the Laws of 1915. ARTICLE 12 - SECTION 161- SUBDIVISION 2 Amend this section so as to read as follows: No female employee over the age of sixteen years shall be permitted, required or suffered to work in or in connection with any mercantile establishment or restaurant more than six days or fifty-four hours in any one week, or more than nine hours in any one day, except that one day in each week may be longer than nine hours for the purpose of making one or more shorter work days in the week; or before seven o'clock in the morning, or after ten o'clock in the evening, of any day. This section does not apply to the employment in mercantile establishments of persons sixteen years of age. (Balance of section unchanged.) Change the word "twenty" to thirty in third sentence. ARTICLE 12-SECTION 161-a-HOURS OF LABOR OF MESSENGERS Amend this section by omitting "in cities of the first and second class" and have section read: No person under the age of twenty-one years shall be employed or permitted to work as a messenger. (Balance of section unchanged.) ARTICLE 12 SECTIONS 160, 167, 168, 168-a, 168-b, 168-c, 168-e, 169, 170, 171, 172, 173 The Commission suggests that attention be directed to the foregoing sections with reference to the general proposition of extending the application of these sections beyond cities of the first and second class. The Commission respectfully directs attention to the fact that some of the sections above referred to contain the words "Commissioner of Labor," and believes that where they appear it would be well to have them changed to read "State Industrial Commission." Section 48 of Article 3 of the Labor Law is hereby recommended to read as follows: Section 48. Counsel.- The Commission may appoint and at pleasure remove as counsel to the Commission, an attorney and counsellor at law of the State of New York, who shall represent the Department of Labor or the Commission and take charge of and assist in the prosecution of actions and proceedings brought by or on behalf of the Commission or the Department, and who shall generally act as legal advisor to the Commission. Such counsel shall receive an annual salary of $6,000. The Commission may appoint, and at pleasure remove, not exceeding three such attorneys and counsellors at law to assist the counsel in the performance of his duties as may be necessary in its discretion and may fix their compensation within the limits of the annual appropriations provided therefor. NOTE. The reason for this proposed amendment is that the Commission finds its legal staff utterly insufficient to cope with the enormous amount of litigation which is constantly coming upon the Commission, both in prosecuting the thousands of violations of the Labor Law throughout the sixty-two counties |