the age of eighteen years shall be employed, permitted or suffered to work in any capacity in any of the following occupations: Oiling and cleaning moving machinery; in the operation of emery wheels except for the sharpening of tools used by an apprentice in connection with his work; or at any abraisive, polishing or buffing wheel; in the operation of any elevator, life [lift], or hoisting machine; in or about establishments where nitroglycerine, dynamite, dualin, guncotton, gunpowder, or other high explosives are manufactured, compounded or stored; in dipping, dyeing or packing matches; in any saloon, distillery, brewery, or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled; or in any other occupation dangerous to life or limb, or injurious to the health or morals of such minor. No boy under the age of eighteen years shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution, transmission, or delivery of goods or messages before six o'clock in the morning, or after ten o'clock in the evening of any day; and no girl under eighteen years shall be employed in any capacity where such employment compels her to remain standing constantly. 6674x. Minors under the age of twenty-one prohibited.-24. No boy or girl under the age of twenty-one years of age shall be permitted to work in any public pool or billiard room. 6674y. Manual training instruction.-25. Nothing in this act shall prevent any pupil from working on any properly guarded machine in the manual training department of any school when such work is performed under the personal supervision of an instructor. 6674z. State industrial board to prosecute.-26. It shall be the duty of the state industrial board or its authorized inspectors and agents to cause sections 18 to 28, inclusive, of this act to be enforced and to cause all violators of the same to be prosecuted, and for that purpose the said board, its inspectors and agents are empowered to visit and inspect at all reasonable hours and as often as shall be practicable and necessary, all establishments to which this act relates. It shall be the duty of the state industrial board, its inspectors and agents to examine into all violations of laws made for the benefit and protection of labor of minors and to cause all violations of the same to be prosecuted. It shall be unlawful for any person to interfere with, obstruct or hinder said board, its inspectors or its agents, while in the performance of their duties or to refuse properly to answer questions asked by them in reference to any of the provisions thereof. 6674a1. Prosecution and penalty.-27. Any person, firm or corporation or public official who shall violate any of the provisions of section 18 to 28, inclusive, of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for a first offense, and not less than fifty dollars nor more than $100 for a second offense, to which may be added imprisonment for not more than ten days, and for a third offense a fine of not more than two hundred and fifty dollars ($250) to which may be added thirty days imprisonment in the county jail. When so requested by the industrial board in writing, the attorney-general of the state shall assist the prosecuting attorney in the prosecution of persons, charged with violating any of the provisions of sections 18 to 28, inclusive, of this act. In all 6674b1. Action for damages-Complaint-Defense.-28. action for damages for personal injuries by any minor or by his parent, guardian or personal representative, because of his being employed, retained in employment, required or permitted to work in violation of any provision of sections 18 to 28, inclusive, of this act, the employer shall not be permitted to defend upon the ground that such minor had assumed any risk of the employment, or that the injury was due to the negligence of a fellow servant, or to the contributory negligence of such minor. In any such action it shall be sufficient to allege and prove that such minor was employed, retained in employment, required or permitted to work in violation of any provision hereof and that the injury arose out of such employment, or the performance of such work. 6674c1. Exemption from medical examination.-2812. No pupil or minor exempt from medical examination or treatment under the provisions of section 5 of this act shall be compelled to submit to any medical examination or treatment under authority of this act, whose parent or guardian objects to the same. Such objection shall be made by written and signed statement delivered to any person who might conduct such examination or treatment in the absence of such objection. 6674d1. Repeal.-29. All laws and parts of laws in conflict herewith are hereby repealed. 6675. Children to attend school, when excused. This section applies to a child under fourteen years of age who, instead of attending a high school within three miles of her residence, studies music under private instructors, the term "common schools" being used synonymously with "public schools" in view of section 6583. State v. O'Dell, 187 Ind. 84, 118 N. E. 529. In a prosecution under this section, the burden is on the defendant to show that he comes within one of the specified exceptions. State v. O'Dell, 187 Ind. 84, 118 N. E. 529. [Acts 1915, p. 151. In force April 26, 1915.] 6678. Appointment of officers, duties, penalty.-4. The attendance officers mentioned in this act shall be appointed on the first day in May, unless said day be Sunday, and if so, on the following Monday, of each year and shall take office on the first day of the following August. The county board of education shall appoint an attendance officer for the county, who shall be known as county attendance officer, and who shall be under the county superintendent, in carrying out the provisions of this statute and who shall be subject to removal from office by the county board of education for inefficiency, incompetency, or neglect of duty. In counties having a population of fewer than twenty-five thousand (25,000) inhabitants, according to the last preceding United States census, the county board of education, shall appoint the county attendance officer, and the person so selected shall serve also as probation officer of such county unless the judge of the circuit court of such county shall appoint some other person to serve as such probation officer. It shall be the duty of such attendance officer to see that the provisions of this act are complied with and when from personal knowledge or by report or complaint from any resident or teacher within the territory under his supervision, he believes that any child, subject to the provisions of this act is habitually tardy or absent from school he shall immediately give or send by mail, to the parent, guardian, or other person having control or charge of such child, a written notice that the prompt and regular attendance of such child at school is required, and if within five (5) days after this mailing or giving of notice, the person to whom it shall be given shall not comply with the provisions of this statute respecting the attendance of such child at school, then such attendance officer shall make complaint against the person so notified in the juvenile court of that county, or the circuit court acting as juvenile court, or in any court of record, setting forth the violation of the provisions of this act. But one notice shall be required for any one child during any one school year. Any person so notified who shall violate the provisions of this statute concerning the attendance of a child at school, shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be fined not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00), to which may be added in the discretion of the court, imprisonment in the county jail for not less than two (2) nor more than ninety (90) days. Any attendance officer failing to perform any duties imposed upon him by the provisions of this act, shall upon conviction, be fined in the sum of five dollars ($5.00) for each such failure. This act amends section 6678 of the Revised Statutes of 1914. CHAPTER 62. EDUCATION-INDIANA UNIVERSITY. Section numbers to notes refer to the Revised Statutes of 1914 and sections herein. [Acts 1919, p. 735. Law without the signature of the Governor.] 6725. County students, free contingent fees.-10. The trustees shall provide for the payment of all contingent fees free of charge, of two (2) students from each county in this state, to be selected by the county superintendent of schools upon a basis of scholarship attained during the entire course of high school training in the high schools of said county. First preference shall be given to the student having the highest general average over his or her entire high school course as given in the high schools of said county and all succeeding preferences shall be given according to the comparative rank of such general average. Provided, however, That none of the provisions of this act shall apply to other than first year academic students. This section amends section 6725 Revision of 1914. [Acts 1921, p. 833. In force May 31, 1921.] 6741b. James Whitcomb Riley Hospital for Children.-1. The board of trustees of Indiana university is hereby authorized and directed, to establish, in the city of Indianapolis, a hospital to be known as the James Whitcomb Riley Hospital for children for the treatment of children afflicted with any disease, defect or physical deformity, which may be relieved or improved by proper medical and surgical attention. The said board of trustees is authorized to construct and equip the necessary buildings, with accommodations for not less than two hundred (200) patients, with offices, quarters for officers, nurses and employes, and other necessary appurtenances. Such buildings shall be specially designed and equipped for the application of the most approved methods in the diagnosis, and medical and surgical treatment of afflicted children, and shall be located in convenient proximity to the Robert W. Long hospital, and the Indiana university school of medicine, on a site now owned by the State of Indiana, and under the control of the said board of trustees, or on a site which may hereafter be acquired by said board of trustees for the purposes of this act. 6741c. Hospital to be department of Indiana University.-2. This hospital for children shall be a department of Indiana university, and shall be under the direction and control of the trustees of said university, the board of trustees of which is hereby authorized and empowered to adopt and apply rules and regulations for its proper management, to employ, discharge for sufficient cause, and fix the compensation of the superintendent, who shall be responsible to said board of trustees for the proper administration of said hospital, and the care and treatment of the afflicted children committed to it. The said board of trustees shall also fix the number and compensation of the assistant medical, and executive officers, nurses and employes, and shall provide the food, heat, light and medical and surgical equipment, appliances and supplies, necessary for the proper and best treatment of the afflicted children committed to the said hospital. 6741d. Admission to hospital.-3. Any child under sixteen (16) years of age, having a legal settlement in any county of the state, and afflicted with a defect, disease or deformity, presumably curable or improvable by skilled medical and surgical treatment, or needing special study for diagnosis, may be admitted to the said hospital, treated therein and discharged therefrom, under such rules and regulations as may be adopted by the management of the same, and approved by the board of trustees of said university. 6741e. Courts may commit diseased children.-4. The judge of any circuit, criminal or juvenile court of the State of Indiana is hereby empowered to commit to said hospital any child, under sixteen (16) years of age, having a legal settlement in any county of this state in which said judge has jurisdiction, who shall appear to the satisfaction of such judge, after a public hearing, to be suffering from a disease, defect or deformity, which may be benefited by treatment in the said hospital, and whose parent or legal guardian is not financially able to defray the necessary expenses of such treatment. Such hearing shall be had in a summary manner on a petition filed before such judge, by a citizen of the county in which said child has a legal settlement, and shall be had in the presence of the parent or legal guardian of such child, whose attendance may be enforced by said judge, and in the presence of the prosecuting attorney of said county. Such judge may, in his discretion, have such child examined by one or more reputable physicians, who shall make and file a written report of the history, condition and probable results of the treatment of such child. If such |