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and 241 bakeries in the city of New York alone. In the counties comprising the first district was found 947 factories and 249 bakeries, and. in all the rest of the State, outside of the first and second districts, was found 1,306 factories and bakeries which received their first visit from the factory inspector in 1897. Some of the concerns inspected were new, while the great majority of them had been doing business in their present location for years. In these establishments the inspectors found employed:

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During the year the Department has issued 48,392 orders of all kinds, and has received a full compliance with 40,648 of such orders. All important orders looking to the safety, comfort, convenience and general well-being of employes, both male and female, have been fully complied with. We attribute this splendid and satisfactory showing to the changed policy of the Department in its treatment of employers and property owners generally, and also in insisting that the deputy inspectors do their work thoroughly and well and in every instance without bias or favor; and requiring them also to exercise that care and consideration which the important duties intrusted to them demand, thus showing by the intelligent application of the law the desire of the Department, while insisting on guarding with all possible care the interests of the employe, yet extending to the employer every aid which

have not appealed to the courts to aid us in enforcing the law, for we did not find it necessary to do so, as compliances with the requirements of the law were secured by less expensive and offensive methods. The courts have certainly had a rest so far as the Department of Factory Inspection is concerned, but not at the expense of the interests intrusted to the care of the Department. In the 1896 report of the Department we had occasion to say on this point.

"As factory inspectors it is our duty to enforce the laws intrusted to us. We are not responsible for the wisdom of these laws, nor the particular methods which the Legislature designates for their enforcement, but we are expected to use common sense iL our interpretation and application of the statutes. We do not deem it wise to exert authority in an offensive manner. Patience and discretion in handling the work of the bureau will aid rather than injure the interests intrusted to our care."

The Department will continue operations on the lines of the policy laid down one year ago, feeling confident that the same pleasant, beneficial and satisfactory results will be obtained during the year now beginning.

FACTORY LAW

AND

WEEKLY PAYMENT LAW

OF THE

STATE OF NEW YORK.

1897.

FACTORY INSPECTION LAW.

AS CONTAINED IN LABOR LAW, CHAPTER 415, LAWS OF 1897.

ARTICLE I.

GENERAL PROVISIONS.

Section 1. Short title.-This chapter shall be known as the labor law.

§ 2. Definitions.-The term employe, when used in this chapter, means a mechanic, workingman or laborer who works for another for hire. The person employing any such mechanic, workingman or laborer, whether the owner, proprietor, agent, superintendent, foreman or other subordinate is designated in this chapter as an employer. The term "factory," when used in this chapter, shall be construed to include also any mill, workshop or other manufacturing or business establishment where one or more persons are employed at labor. The term "mercantile establishment," when used in this chapter, means any place where goods, wares or merchandise are offered for sale. Whenever, in this chapter, authority, is conferred upon the factory inspector, it shall also be deemed to include his assistant or a deputy acting under his direction.

ARTICLE V.

FACTORY INSPECTOR, ASSISTANT AND DEPUTY.

Section 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 successors of the factory inspector and assistant factory inspector in office when this chap

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