Athens Hosiery Mills v. Thomason

144 Tenn. 159
CourtTennessee Supreme Court
DecidedDecember 15, 1920
StatusPublished
Cited by6 cases

This text of 144 Tenn. 159 (Athens Hosiery Mills v. Thomason) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Athens Hosiery Mills v. Thomason, 144 Tenn. 159 (Tenn. 1920).

Opinion

Mr. Justice McKinney

delivered the opinion of the Court.'

This suit involves the constitutionality of chapter 110 • of the Acts of 1919, known as the Bureau of Workshop and Factory Inspection Act.

It is insisted by the complainants that [he act violates article 2, section 17, of the constitution, which provides that — “No hill shall become a law which embraces more than one subject, that subject to be expressed in the title.”

Both the title and the body of the act are lengthy, and we will not here copy them in full.

The substance of the title might be said to be an act creating a bureau of workshop and factory inspection, appointing ■ officers to manage same, and defining their duties. It is not necessary that those duties be set forth in detail in the caption.

[161]*161Section 1 creates a bureau of workshop and factory inspection under the control of the chief mine inspector, with its office in the mining department.

Sections 2, 3, and 4 provide for a chief inspector, four deputy inspectors, a clerk, and stenographer, divides the state into districts, and provides that each inspector shall be assigned to a certain district.

Section 5 is as follows:

“Be it further enacted, that each deputy inspector, .of workshops and factories assigned to a district for the inspection of workshops and factories therein shall carefully inspect the sanitary conditions, systems of sewerage, situation and condition of water closets, systems of heating, lighting and ventilating rooms where persons are employed at labor, and means of exit in case of fire or other disasters within, or( connected with, such workshops and factories. They shall examine the belting, shafting, gearing, elevators, drains and machinery in and about such workshops and factories, and see that they are not so located as to be dangerous to employees when engaged in their ordinary duties, and as far as practicable, securely guarded; that they shall see that each vat, pan, or structure, filled with molten lead or hot liquor is surrounded by proper safeguards for preventing accident or injury to persons employed at or near them. For the purpose of inspection or examination required of them by law, the chief inspector of workshops and factories, and each deputy inspector, at reasonable hours may enter any workshop or factory in the State.”

[162]*162Section 6 provides: “That the inspector shall make an accurate record of all examinations and inspections of the workshops and factories inspected by each, showing the date inspected, the condition in which such workshops or factories are found, the extent to which laws relating thereto are observed or violated, the progress made in the improvement of the workshops and factories, and the conditions to insure the preservation of life and health by the provisions of this act and other laws, the enforcement of which are under the direction of the bureau of workshops and factory inspection,” etc.

Section 7 authorizes the inspectors to administer oaths, etc.

Section 8 is as follows: “Be it further enacted, that the term ‘workshops and factories’ as used in this act, shall include the following: Manufacturing, mills, mechanical, electrical, mercantile, art, and laundering establishments, printing, telegraph, and telephone offices: department stores, or any kind of establishment wherein labor is employed or machinery used.”

Sections 9 to 16, inclusive, it is insisted, add new subjects to the act; hence we copy them is full, as follows:

“Sec. 9. Be it further enacted, that every factory, workshop,- association, or other establishment in which five or more persons are employed shall be so ventilated while work is carried on therein that the air shall not become so exhausted as to become injurious to the health of the persons employed therein, and shall also be so ventilated as to render harmless, as far as practicable, all gases, vapors, dust or other impurities generated in [163]*163the course of the manufacturing process or handicraft carried on therein.
“Sec. 10. Be it further enacted, that every factory, workshop, association, or other establishment where a work or process is carried on by which dust, filaments or injurious gases are produced or generated, that are liable to be inhaled by persons employed therein, the person, firm, or corporation by whose authority the said work or process is carried on shall cause to be provided and used in said workshop, factory association or establishment, exhaust fans, conveyors, receptacles, or blowers with pipes and hoods extending therefrom to each machine, contrivance or apparatus by which dust, filaments, or injurious gases are produced or generated; or provide other mechanical means to be maintained for the purpose of carrying off or receiving and collecting such dust, filament, devitalized air, or other impurities as may be detrimental to the health of those in, about, or in connection with such place as herein mentioned. Provided, that if natural ventilation sufficient to exclude the harmful elements above enumerated be provided, the requirement of this section shall have been complied, with by such firm, corporation, association or -other establishment as herein mentioned. Said fans, blowers, pipes and hoods shall be properly fitted and adjusted and of' power and dimensions sufficient to effectually prevent the dust, filaments, or injurious gases produced, or generated by said machines, contrivances, or ap-parati from escaping into the atmosphere of the room or rooms of said factory, workshop or other establishment, where persons are employed.
[164]*164“Sec. 11. Be it further enacted, that not less than two hundred and fifty (250) cubic feet of air space shall be provided for each employee or operative at work in a room or place within the meaning of this act between the hours of six o’clock in the morning, and the hours of six o’clock in the evening, and not less than four hundred (400) cubic feet of air space for each person so employed between the hours of six o’clock in the evening and six o’clock in the morning.
“Sec. 12. Be it further enacted, that in places of amusement wherein five or more employees are engaged in duties that appertain thereto, the owners, managers, proprietors or other persons in charge, shall provide that such places shall be well ventilated and that adequate and sufficient fire protection shall be maintained and that all exit doors of such amusement places shall be opened outward, wherein in addition to the said five employees fifty or more patrons might be congregated.
“Sec. 13. Be it further enacted, that no person shall hire, employ, or contract with another to manufacture, alter, repair, or finish any article in any room, apartment, or tenement, unless said room, apartment or tenement, shall be well lighted and ventilated, and shall contain at least five hundred (500) cubic feet of air space for every person working therein. Provided, that where children under the age of sixteen years live in such' room, apartment, or tenement, they shall not engage in any work above specified without first obtaining a permit so to do from the bureau of workshop and factory inspection.
“Sec. 14. Be it further enacted, that the chief or deputies of the bureau of workshop and factory inspec[165]

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Bluebook (online)
144 Tenn. 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/athens-hosiery-mills-v-thomason-tenn-1920.