dustries of the state. He may subpoena witnesses, take and hear testimony, take or cause to be taken depositions and administer oaths.

8 32. Statistics to be furnished upon request.-The owner, operator, manager or lessee of any mine, factory, workshop, warehouse, elevator, foundry, machine shop or other manufactering establishment, or any agent, superintendent, subordinate, or employe thereof, shall, when requested by the commissioner of labor statistics, furnish any information in his possession or under his control which the commissioner is authorized to require, and shall admit him to any place herein named for the purpose of inspection. All statistics furnished to the commissioner of labor statistics, pursuant to this article, may be destroyed by such commissioner after the expiration of two years from the time of the receipt thereof.

A person refusing to admit such commissioner, or a person authorized by him, to any such establishment, or to furnish him any information requested, or who refuses to answer or untruthfully answers questions put to him by such commissioner, in a circular or otherwise, shall forfeit to the people of the state the sum of one hundred dollars for each refusal and answer untruthfully given, to be sued for and recovered by the commissioner in his name of office. The amount so recovered shall be paid into the state treasury.

ARTICLE III.

FREE PUBLIC EMPLOYMENT BUREAUS.

SECTION 40. Free public employment bureaus in cities of the first class. 41. Duties of superintendent.

42. Applications: list of applicants.

43. Applicants for help, when to notify superintendent.

40. Free public employment bureaus in cities of the first class. The commissioner of labor statistics shall organize and establish in all cities of the first class a free public employment bureau for the purpose of receiving applications of persons seeking employment, and applications of persons seeking to employ labor. No compensation or fee shall be charged or received, directly or indirectly, from persons applying for employment or help through any such bureau. Such commissioner shall appoint for each bureau so organized, and may remove for good and sufficient cause, a superintendent and such clerical assistants as, in his judg

Free Public Employment Bureaus.

SS 41-43

ment, may be necessary for the proper administration of the affairs thereof. The salaries of such superintendents and clerks shall be fixed by the commissioner. Such salaries and the expenses of such bureaus shall be paid in the same manner as other expenses of the bureau of labor statistics.

8 41. Duties of superintendent.-The superintendent of each free public employment bureau shall receive and record, in a book to be kept for that purpose, the names of all persons applying for employment or for help, designating opposite the name and address of each applicant, the character of employment or help desired.

Each such superintendent shall report, on Thursday of each week, to the commissioner of labor statistics, the names and addresses of all persons applying for employment or help, during the preceding week, the character of the employment or help desired, and the names of the persons receiving employment through his bureau. Such superintendent shall also perform such other duties in the collection of labor statistics, and in the keeping of books and accounts of his bureau, as the commissioner may require, and shall report semi-annually to the commissioner of labor statistics the expense of maintaining his bureau.

§ 42. Applications; lists of applicants.-Every application for employment or help made to a free public employment bureau shall be void after thirty days from its receipt, unless renewed by the applicant.

The commissioner of labor statistics shall cause two copies of a list of all applicants for employment or help, and the character of the employment or help desired, received by him from each free public employment bureau, to be mailed on Monday of each week to the superintendent of each bureau, one of which copies shall be posted by the superintendent, immediately on receipt thereof in a conspicuous place in his office, subject to the inspection of all persons desiring employment or help, and the other shall be filed in his office for reference.

§ 43. Applicants for help, when to notify superintendent.— If an applicant for help has secured the same, he shall, within ten days thereafter, notify the superintendent of the bureau, to which application therefor was made. Such notice shall contain the name and last preceding address of the employes received through such bureau. If any such applicant neglects to so notify such superintendent, he shall be barred from all future rights and priv

ilege of such employment bureau, at the discretion of the commissioner of labor statistics to whom the superintendent shall report such neglect.

ARTICLE IV.

CONVICT-MADE GOODS AND DUTIES OF COMMISSIONER OF LABOR STATISTICS RELATIVE THERETO.

SECTION 50. License for sale of convict-made goods.

51. Revocation of iicense.

52. Annual statement of license.

53. Labeling and marking of convict-made goods.

54. Duties of commissioner of labor statistics relative to violations; fines upon convictions.

55. Article not to apply to goods manufactured for use of state or a

municipal corporation.

50. 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.

Such license shall be kept conspicuously posted in the place of business of such licensee.

8 51. 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.

§ 52. Annual statement of licensee.-Each person or corporation so licensed shall, annually, on or before the fifteenth day of 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.

§ 53. 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 "convictmade," 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 cover

No convict-made goods, wares or merchandise shall be sold or exposed for sale without such brand, mark or label.

$54. Duties of commissioner of labor statistics relative to violations; fines upon convictions.-The commissioner of labor statistics shall enforce the provisions of this article. If he has reason to believe that any of such provisions are being violated, he shall advise the district attorney of the county wherein such alleged violation has occurred of such fact, giving the information in support of his conclusion. The district attorney shall, at once, institute the proper proceedings to compel compliance with this article and secure conviction for such violations.

Upon the conviction of a person or corporation for a violation of this article one-half of the fine recovered shall be paid and certified by the district attorney to the commissioner of labor statistics, who shall use such money in investigating and secur ing information, in regard to violations of this act and in paying the expenses of such conviction.

855. Articles not to apply to goods manufactured for the use of the state or a municipal corporation.-Nothing in this article shall apply to or affect the manufacture in state prisons, reformatories and penitentiaries, and furnishing of articles for the use of the offices, departments and institutions of the state or any political division thereof, as provided by chapter four hundred and twenty-nine of the laws of eighteen hundred and ninety-six.

ARTICLE V.

FACTORY INSPECTOR, ASSISTANT AND DEPUTIES.

SECTION 60. Factory inspector and assistant.

61. Deputies and clerks.

62. General powers and duties of factory inspector.

63. Reports.

64. Badges.

65. Payment of salaries and expenses.

66. Sub-office in New York city.

67. Duties of factory inspector relative to apprentices.

§60. Factory inspector and assistant.-There shall continue to be a factory inspector and assistant factory inspector, who shall be appointed by the governor, by and with the advice and consent of the senate. The term of office of each shall be three years. The term of office of the successor of the factory inspector