L. 1909, ch. 36 Women and Children; Mercantile Employment §§ 172, 173 Statutes forbidding or regulating contracts for labor of children or women: see 21 L. R. A. 797 note. Constitutionality of child labor laws: see 17 L. R. A. (N. S.) 602 note; 24 L. R. A. (N. S.) 1121 note. Validity and construction of child labor acts: see 9 Ann. Cas. 1108 note; 15 Ann. Cas. 473 note; Ann. Cas. 1913E 339 notc. § 172. Enforcement of article. Except in cities of the first and second class the board or department of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Proceedings to prosecute such violations must be begun within sixty days after the alleged offense was committed. All officers and members of such boards or departments, all health commissioners, inspectors and other persons appointed or designated by such boards, departments or commissioners may visit and inspect, at reasonable hours and when practicable and necessary, all mercantile or other establishments herein specified within the town, village or city for which they are appointed. No person shall interfere with or prevent any such officer from making such visitations and inspections, nor shall he be obstructed or injured by force or otherwise while in the performance of his duties. All persons connected with any such mercantile or other establishment herein specified shall properly answer all questions asked by such officer or inspector in reference to any of the provisions of this article. In cities of the first and second class the commissioner of labor shall enforce the provisions of this article, and for that purpose he and his subordinates shall possess all powers herein conferred upon town, village, or city boards and departments of health and their commissioners, inspectors, and other officers, except that the board or department of health of said cities of the first and second class shall continue to issue employment certificates as provided in section one hundred and sixty-three of this chapter. This section was derived from the Labor Law of 1897, § 172. amended to read as above by L. 1913, ch. 145, § 14. It was 8 173. Laws to be posted. A copy or abstract of applicable provisions of this chapter and of the rules and regulations of the industrial board to be prepared and furnished by the commissioner of labor shall be kept posted by the employer in a conspicuous place on each floor of every mercantile or other establishment specified in article twelve of this chapter situated in cities of the § 173 Women and Children; Mercantile Employment L. 1909, ch. 36 first or second class, wherein three or more persons are employed who are affected by such provisions. This section was derived from the Labor Law of 1897, § 173. It was amended to read as above by L. 1913, ch. 145, § 14. Horseshoers. Formerly sections 180-184 regulated the pursuit of the trade of horseshoers and required a license to be procured to pursue the same, and section 384-m of the Penal Code made it a misdemeanor to fail to comply with those provisions. These sections were held unconstitutional, as not a justifiable exercise of the police power. It was said that the law had no relation to the promotion of the health, comfort, safety or welfare of society People v. Zimmerman, (1905) 102 App. Div. 103, 92 N. Y. S. 497; People v. Beattie, (1904) 96 App. Div. 383, 89 N. Y. S. 193. The section as to horseshoers was held to permit the selection of members of the board all from the same city, if desired, who were not liable for issuing a certificate to an incompetent person. It was held, also, that a person under twenty-one years of age might receive a certificate. Op. Atty.-Gen. (1898) 168. L. 1909, ch. 36 Convict-Made Goods § 190 ARTICLE 13* CONVICT-MADE GOODS AND DUTIES OF COMMISSIONER OF LABOR RELATIVE THERETO Section 190. License for sale of convict-made goods. 191. Revocation of license. 192. Annual statement of license. 193. Labeling and marking convict-made goods. 195. Article not to apply to goods manufactured for use $ 190. License for sale of convict-made goods. No person or corporation shall sell, or expose for sale, any convict-made goods, wares or merchandise, either by sample or otherwise, without a license therefor. Such license may be obtained upon application in writing to the comptroller, setting forth the residence or post-office address of the applicant, the class of goods desired to be dealt in, the town, village or city, with the street number, if any, at which the business of such applicant is to be located. Such application shall be accompanied with a bond, executed by two or more responsible citizens, or some legally incorporated surety company authorized to do business in this state, to be approved by the comptroller, in the sum of five thousand dollars, and conditioned that such applicant will comply with all the provisions of law relative to the sale of convict-made goods, wares and merchandise. Such license shall be for a term of one year unless sooner revoked. Such person or corporation shall pay, annually, on or before the fifteenth day of January, the sum of five hundred dollars as a license fee, into the treasury of the state, which amount shall be credited to the maintenance account of the state prisons. *This article was derived from the Labor Law of 1897, article 4. The report of the Board of Statutory Consolidation, (1907) page 3297, has the following note relating to this article: "As to the constitutionality of this article, see People v. Beattie, 96 A. D. 383; People ex rel. Appel v. Zimmermann, 102 A. D. 103; People v. Hawkins, 157 N. Y. 1, and Constitution, Art. 3, § 29." §§ 191, 192 Convict-Made Goods L. 1909, ch. 36 Such license shall be kept conspicuously posted in the place of business of such licensee. This section was derived from the Labor Law of 1897, § 50. Prison labor generally: see Prison Law, § 170 et seq. In county jails: see COUNTY LAW, § 93. Unlawful dealing in convict-made goods: see PENAL LAW, § 620. Employment of convicts on state and county highways: see HIGHWAY Law, §§ 131, 320-a. Employment of prisoners in New York city penal institutions: see New York city charter (L. 1901, ch. 466) §§ 700, 701, 702. History and constitutionality. The first statute regulating the sale of convict-made goods was chapter 698 of the Laws of 1894, which required the labeling of goods made by convicts in other states, and was held to be unconstitutional. People v. Hawkins, (1895) 85 Hun 43, 32 N. Y. S. 524. Subsequently the legislature enacted chapter 931 of the Laws of 1896, which required convict-made goods to be labeled (see section 193) and was not confined to goods made in other states. That statute was held unconstitutional on the ground that there was no basis for legislative action restricting competition by the sale of convict-made goods, the decision seemingly being broad enough to exclude practically any legislation on the subject. People v. Hawkins, (1898) 157 N. Y. 1, 51 N. E. 257, 68 A. S. R. 736, 42 L. R. A. 490, affirming 20 App. Div. 494, 47 N. Y. S. 56. The reasoning of these decisions has been followed in considering this and the following sections relating to the licensing of dealers in convict-made goods, and this and the following sections have been held unconstitutional. People v. Raynes, (1910) 136 App. Div. 417, 120 N. Y. S. 1053, affirmed (1910) 198 N. Y. 539, 92 N. E. 1097. The provisions requiring a license to deal in convict-made goods were sustained in Op. Atty.-Gen. (1909) 689, the opinion being expressed that People v. Hawkins, (1898) 157 N. Y. 1, 51 N. E. 257, 68 A. S. R. 736, 42 L. R. A. 490, did not necessitate a decision that a licensing statute should be held invalid. Constitutionality. This section has been declared unconstitutional. People v. Raynes, (1910) 136 App. Div. 417, 120 N. Y. S. 1053, affirmed (1910) 198 N. Y. 539, 92 N. E. 1097 (see note to section 190). § 191. Revocation of license. The comptroller may revoke the license of any such person or corporation, upon satisfactory evidence of, or upon conviction for the violation of any statute regulating the sale of convict-made goods, wares or merchandise; such revocation shall not be made until after due notice to the licensee so complained of. For the purpose of this section, the comptroller or any person duly appointed by him, may administer oaths and subpoena witnesses and take and hear testimony. This section was derived from the Labor Law of 1897, § 51. § 192. Annual statement of licensee. Each person or corporation so licensed shall, annually, on or before the fifteenth day of ༢ L. 1909, ch. 36 Convict-Made Goods § 193 January, transmit to the secretary of state a verified statement setting forth: 1. The name of the person or corporation licensed. 2. The names of the persons, agents, wardens or keepers of any prison, jail, penitentiary, reformatory or establishment using convict labor, with whom he has done business, and the name and address of the person or corporation to whom he has sold goods, wares and merchandise, and 3. In general terms, the amount paid to each of such agents, wardens or keepers, for goods, wares or merchandise and the character thereof. This section was derived from the Labor Law of 1897, § 52. § 193. Labeling and marking convict-made goods. All goods, wares and merchandise made by convict labor in a penitentiary, prison, reformatory or other establishment in which convict labor is employed, shall be branded, labeled or marked as herein provided. The brand, label or mark, used for such purpose, shall contain at the head or top thereof, the words "convict-made," followed by the year when, and the name of the penitentiary, prison, reformatory or other establishment in which the article branded, labeled or marked was made. Such brands, labels and marks shall be printed in plain English lettering, of the style and size known as great primer Roman condensed capitals. A brand or mark shall be used in all cases where the nature of the article will permit and only where such branding or marking is impossible shall a label be used. Such label shall be in the form of a paper tag and shall be attached by wire to each article, where the nature of the article will permit, and shall be placed securely upon the box, crate or other covering in which such goods, wares or merchandise are packed, shipped or exposed for sale. Such brand, mark or label shall be placed upon the most conspicuous part of the finished article and its box, crate or covering. No convict-made goods, wares or merchandise shall be sold or exposed for sale without such brand, mark or label. This section was derived from the Labor Law of 1897, § 53. Validity of statute requiring goods made by convict labor to be so marked: see Ann. Cas. 1913B 817 note. Constitutionality.- Chapter 698 of the Laws of 1894 provided that goods made by convict labor in any state other than the state of New York must |