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be the duty of such officer or agent to take cognizance of all violations of the provisions of said act committed in the course of the execution of said contract, and to report the same to the representative of the state or political subdivision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation.

§ 3. Any officer, agent, or representative of the State of California, or of any political subdivision thereof, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred (500) dollars, or by imprisonment, not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court.

PENAL CODE.

Section 653c (added by ch. 505, approved March 21, 1905). The time of service of any laborer, workman, or mechanic employed upon any of the public works of the state of California, or of any political subdivision thereof, or upon work done for said state, or any political subdivision thereof, is hereby limited and restricted to eight hours during any one calendar day; and it shall be unlawful for any officer or agent of said state, or of any political subdivision thereof, or for any contractor or subcontractor doing work under contract upon any public works aforesaid, who employs, or who directs or controls the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases of extraordinary emergency, caused by fire, flood, or danger to life or property, or except to work upon public military or naval defenses or works in time of war. Any officer or agent of the State of California, or of any political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation which shall provide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the state or political subdivision in whose behalf the contract is made and awarded, ten dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cognizance of all violations of the provisions of said act committed in the course of the execution of said contract, and to report the same to the representative of the state or political subdivision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation. Any officer, agent, or representative of the State of California, or of any political subdivision thereof, who shall violate any of the provisions of this section, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred dollars, or by imprisonment, not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.

§ 653f (added by chapter 158, Acts of 1901). Every officer of this state or of any political division thereof, or any person acting for or on behalf thereof, and any contractor or subcontractor for any part of any public work or works done for such state or political division, and every person, corporation, or association which employs, directs, or controls the services of any laborer, workman, or mechanic in any such work, who requires them, or any of them, to labor more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property, and except work upon public military or naval defenses in time of war, is guilty of a misdemeanor.

COLORADO.

ACTS OF 1893, CHAP. 113. Section 1 (as amended by chapter 9, Acts of 1894). In all work hereafter undertaken in behalf of the state or any county, township, school district, municipality or incorporated town, it shall be unlawful for any board, officer, agent, or any contractor or subcontractor thereof to employ any mechanic, workingman or laborer in the prosecution of any such work for more than eight hours a day.

§ 2. (as amended by chapter 9, Acts of 1894). Nothing in section one of this act shall be construed so as to prevent work in excess of eight hours a day in emergency cases: Provided, That hours in excess of eight a day shall be treated as constituting part of a subsequent day's work: And provided, That in no one week of seven days shall there be permitted more than forty-eight hours of labor. Any violation hereof shall be unlawful.

§ 4 [3] (as amended by chapter 9, Acts of 1894). Any employer, board, officer or contractor who shall violate the provisions of sections 1 or 2 of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail not more than one hundred (100) days or by both fine and imprisonment, at the discretion of the court.

DELAWARE.

ACTS OF 1903, CHAPTER 410. Section 1. Eight hours shall constitute a legal day's work for all classes of employees employed by the municipal corporation of the city of Wilmington.

§ 2. Each contract to which the municipal corporation of the city of Wilmington is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the municipal corporation of the city of Wilmington, contractor, subcontractor, or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be required

to work more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property.

§ 3. The wages to be paid for a legal day's work as hereinbefore defined to all classes of such laborers, workmen or mechanics upon all such public work or upon any material to be used upon or in connection therewith shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality in the state where such public work, on, about or in connection with which such labor is performed in its final or completed form is to be situated, erected or used. Each such contract hereafter made shall contain a stipulation that each such laborer, workman or mechanic employed by such contractor, subcontractor or other person on, about or upon such public work shall receive such wages as hereinbefore provided. Each contract for such public work hereafter made shall contain a provision that the same shall be void and of no effect unless the person or corporation making or performing the same shall comply with the provisions of this act; and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the municipal corporation of the city of Wilmington pay the same or authorize its payment from the funds under his charge or control to any such person or corporation for work done upon any contract which in its form or manner of performance violates the provisions of this act.

§ 4. Any officer, agent or employee of the municipal corporation, of the city of Wilmington, having a duty to act in the premises, who violates,

ades, or knowingly permits the violation of [or] evasion of any of the provisions of this act, shall be guilty of malfeasance in office and shall be suspended or removed by the authority having the power to appoint or remove such officer, agent or employee, otherwise by the governor. Any citizen of this state may maintain proceedings for the suspension or removal of such officer, agent or employee, or may maintain an action for the purpose of securing the cancellation or avoidance of any public contract which by its terms or manner of performance violates this act or for the purpose of preventing any officer, agent or employee of such municipal corporation from paying or authorizing the payment of any public money for work done thereupon.

§ 5. This act shall not apply to the policemen, park guards, watchmen, or special officers of any kind.

DISTRICT OF COLUMBIA.

CODE OF 1901. Section 892. The service and employment of all laborers and mechanics who are now or may hereafter be employed by the Government of the United States, by the District of Columbia, or by any contractor or subcontractor upon any of the public works of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the United States Government or of the District of Columbia, or any such contractor or subcontractor, whose duty it shall be to employ, direct, or control the service of such laborers or mechanics, to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency

$ 893. Any officer or agent of the Government of the United States or of the District of Columbia, or any contractor or subcontractor, whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the United States of the District of Columbia who shall intentionally violate any provision of the last preceding section for each and every such offense shall be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months, or both.

HAWAII.

ACTS OF 1903, No. 37. Section 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.

§ 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.

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

POLITICAL CODE, 1901. Section 622. Not more than eight hours actual work shall constitute a lawful day's work on all State, county, and municipal works: Provided, That this shall not be construed as meaning any labor except manual labor, employed by the day, and nothing herein contained shall apply to State, county, or municipal officials, or to any employees of the State, or any county or municipality, who are paid monthly or yearly salaries.

8 623. Any and all bids for work on public buildings or other public works of the State, or of any county or municipality of the State, shall expressly state and declare that all laborers and mechanics employed by the day on such buildings or public works, or in the preparation of materials to be directly used for or in the construction of such buildings or public works, shall be employed on the basis of eight hours as a lawful day's work.

INDIANA.

ANNOTATED STATUTES (1901). Section 7052. On and after the passage of this act eight hours shall constitute a legal day's work for all classes of mechanics, workingmen and laborers, excepting those engaged in agricultural or domestic labor, but overwork for an extra compensation by agreement between employer and employee is hereby permitted.

$ 7053. This act shall apply to all persons, firms, corporations, companies or associations employing labor in this State, and to all mechanics[,] workingmen, and laborers now, or hereafter employed by this State or any municipal corporation herein, through its agents, or officers, or in the employ of persons contracting with the State, or any municipal corporations thereof for performance of labor on the public works of this State, or such corporation.

§ 7054. Any person, firm, company, corporation or association doing business in this State, or any officer or agent of this State or municipal corporation thereof, who shall violate or otherwise evade the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not greater than five hundred dollars, and if the person or persons violating the same be an officer or agent of this State, or of any municipal corporation thereof, he shall, in addition to such fine, be removed from his position. § 7055. Any party or parties contracting with this State, or

any municipal corporation thereof, who shall fail to comply with, or secretly evade, the provisions hereof, by exacting and receiving more hours of labor than is herein fixed, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not greater than five hundred dollars, and in addition thereto, in the option of the State or municipal corporation, forfeit such contract.

KANSAS.

GENERAL STATUTES OF 1901. Section 3827. Eight hours shall constitute a day's work for all laborers, workmen, mechanics or other persons now employed or who may hereafter be employed by or on behalf of the State of Kansas, or by or on behalf of any county, city, township or other municipality of said State, except in cases of extraordinary emergency which may arise in time of war, or in cases where it may be necessary to work more than eight hours per calendar day for the protection of property or human life: Provided, That in all such cases the laborers, workmen, mechanics or other persons so employed and working to exceed eight hours per calendar day shall be paid on the basis of eight hours constituting a day's work: Provided further, That not less than the current rate of per diem wages in the locality where the work is performed shall be paid to laborers, workmen, mechanics and other persons so employed by or on behalf of the State of Kansas, or any county, city, township or other municipality of said State; and laborers, workmen,

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