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If cage is wanted ring station signal. Station tender will respond in person.
If station is full of ore and station tender is wanted ring station signal.
One copy of this code shall be posted on the gallows frame and one before the engineer.
SEC. 3. Any person violating the provisions of this law shall be Violations. deemed guilty of a misdemeanor, the same to be prosecuted as are other violations of the laws of this State, and upon conviction thereof the offender shall be fined not less than one hundred dollars nor more than three hundred dollars, and imprisoned not exceeding three months for each offense, in the judgment of the court or magistrate who tries the case.
CODE OF 1884.
Protection of employees as voters.
SECTION 1039. It shall be no violation of a contract for personal Employees alservice for any qualified voter, who is an employee, to go to the lowed to vote. polls of his district or ward to vote on election days; and every contract that will, or is designed to keep, such voters away from the polls, shall be void.
Liability of stockholders of cotton compress and warehouse asso
ciations for debts due employees.
SECTION 1782. The stockholders are to be individually liable for Stockholders all moneys due to laborers, servants, clerks and operatives of the liable for wage
debts. company, in case the company becomes insolvent.
An employee is not estopped to proceed against stockholders of an insolvent corporation by taking a note and obtaining a judgment against the corporation for his wages and by receiving pro rata on his claim out of the corporate assets. Transfer of stock will not avoid liability for wages already earned. 87 Tenn. 69.
The liability of stockholders can not be enforced until the corporate assets are exhausted. 92 Tenn. 598.
[Similar provisions are made fixing the liability of stockholders in hotel companies, section 1798; mining and manufacturing companies, section 1858; provision and packing companies, section 1879; printing and publishing companies, section 1889; stockyard companies, section 1919; transfer and omnibus companies, section 1932; and wrecking and salvage companies, section 1971.]
SECTION 2289. If any merchant, artificer, tradesman, farmer, or Sunday labor other person shall be guilty of doing or exercising any of the com- forbidden. mon avocations of life, or of causing or permitting the same to be done by his children or servants, acts of real necessity or charity excepted, on Sunday, he shall, on due conviction thereof before
any justice of the peace of the county, forfeit and pay three dollars, one-half to the person who will sue for the same, the other half for the use of the county.
Ercmption of wages from erecution, etc.
Thirty dol- SECTION. 2931 (as amended by chapter 156, Acts of 1887). The lars exempt. following property shall be exempt from execution, seizure or
Thirty dollars of the wages of every mechanic or other laborer; the lien created by service of garnishment shall only affect that portion of a laborer's wages that may be due at the time service is made, and not any future wages.
A puddler paid by the ton is as truly a wage earner as it paid by the day or hour. 37 S. W. Rep. 91.
Right of action for injuries causing death. Right ac. SECTION 3130. The right of action which a person, who dies crues, when.
from injuries received from another, or whose death is caused by the wrongful act, omission or killing by another, would have had against the wrongdoer in case death had not ensued, shall not abate or be extinguished by his death, but shall pass to his widow, and in case there is no widow, to his children, or to his personal representative, for the benefit of his widow or next of kin, free from the claims of creditors.
This provision applies to every case of wrongful killing and not to the
killing of a husband or father only. 8 Lea 100, Who may sue. SEC. 3131. The action may be instituted by the personal repre
sentative of the deceased; but if he decline it, the widow and children of the deceased may, without the consent of the repre sentative, use his name in bringing and prosecuting the suit, on giving bond and security for costs, or in the form prescribed for paupers. The personal representative shall not in such case be responsible for costs, unless he sign his name to the prosecution
bond. Same subject.
Sec. 3132. The action may also be instituted by the widow in
her own name, or if there be no widow, by the children. Survival of SEC. 3133. If the deceased had commenced an action before his action.
death, it shall proceed without a revivor. The damages shall go . to the widow and next of kin, free from the claims of the credit
ors of the deceased, to be distributed as personal property. Elements of SEC. 3134. Where a person's death is caused by the wrongful act. damage. fault or omission of another, and suit is brought for damages, the
party suing shall, if entitled to damages, have the right to recover for the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries, and also the damages resulting to the parties for whose use and benefit the right of action survives from the death consequent upon the injuries received.
Enticing employees. Enticing em- SECTION 3438. It shall not be lawful for any person in this ployees forbid- State, knowingly, to hire, contract with, decoy or entice away.
directly or indirectly, any one, male or female, who is at the time under contract or in the employ of another; and any persons so under contract or employ of another, leaving their employ without good and sufficient cause, before the expiration of the time for which they were employed, shall forfeit to the employer all sums due for service already rendered, and be liable for such other damages the employer may reasonably sustain by such vio
lation of contract. Penalty. Sec. 3439. Any person violating the provisions of the above had
[sic] section shall be liable to the party who originally [had] and was entitled to the services of said employee, by virtue of a previous contract, for such damages as he may reasonably sustain by the loss of the labor of said employee; and he shall also be liable for such damages, whether he had knowledge of an existing contract or not, if he fails or refuses to discharge the person so bired, or to pay such damages as the original employer may claim, 'after he has been notified that the person is under contract, or has violated the contract with another person, which amount shall be ascertained and the collection enforced by action for damages before any justice of the peace of said county where said violation occurs, or the party violating section 3438 may reside.
Actions for injuries-Limitations.
Of one year.
SECTION 3466. All civil actions, other than
(real), shall be commenced after the cause of action has accrued, within the periods prescribed in this cbapter, unless otherwise expressly provided.
SEC. 3469. Actions for * injuries to the person, and statute penalties, within one year after cause of action accrued.
The limitation runs from the moment of the injury and is not suspended for the want of a personal representative. 9 Heis. 829.
Nor because of minority. 1 Bax. 314.
ACTS OF 1887.
CHAPTER 155.—Coercion of employees to buy at particular place.
SECTION 1. It shall not be lawful for any manufacturer, firm, Restriction of
in company, or corporation, their agents, clerks, or superintendents employees
trading in this State, who own or control a store for the sale of general store goods or merchandise in connection with their manufacturing or other business, to attempt to control their employees or laborers in the purchase of store goods and supplies at the aforesaid store by withholding the payment of wages longer than the usual time of payment, whereby the employee would be compelled to purchase supplies at said manufacturer's, firm's, company's, or corporation's store.
SEC. 2. Any manufacturer, firm, company, or corporation, of- Penalty. fending against the provisions of this act, the same shall be a misdemeanor, and on conviction in any court having jurisdiction thereof, fined not exceeding fifty dollars.
CHAPTER 206.-Weighing coal at mines.
SECTION 1. At every coal or other mine in this State where coal Check weighor other minerals are mined, by weight or measure, the miners, man. or a majority of those present at a meeting called for that purpose, shall have the right to employ a competent person as check weighman or check measurer, as the case may require, who shall be permitted at all times to be present at the weighing or measuring of coal, also have power to weigh or measure the same, and during the regular working hours to have the privilege to balance and examine the scales or measure the cars : Provided, That all such balancing or examination of scales shall only be done in such way, and in such time as in no way to interfere with the regular working of the mines, and he shall not be considered a trespasser during working hours while attending to the interests of his employers, and in no manner shall he be interfered with or intimidated by any person, agent, owner, or miner; and any person violating these provisions shall be held and deemed guilty of a misdemeanor, and upon conviction thereof he shall be punished by a fine of not less than twenty dollars, and not exceeding one hundred dollars, or imprisoned at the discretion of the court.
Notification by the president of a mining company that he would shut down the mine unless the miners discharged the check weighman hired by them did not violate the provisions of this section as to interference or intimidation. 90 Tenn. 575.
Settlement of SEC. 2. It shall be a further duty of check weighman or check differences.
measurer to credit each miner with all merchantable coal or other mineral mined by him, on a proper sheet or book kept by him for that purpose. When differences arise between the check weighman or check measurer and the agent or owners of the mine as to the uniformity, capacity of scales or cars used, the same shall be referred to the mine inspector of the district where the mine is located, whose duty it shall be to regulate the same at once, and in the event of said scales or cars proving to be correct, then the party or parties applying for the testing thereof to pay or bear all costs and expense thereof; but if not correct, then the owner or owners of said mine to pay the cost and charges of making
said examination. Fraudulent Sec. 3. Should any weighman, agent, or check measurer, whether weighing.
employed by operators or miners, knowingly or willfully adopt or take more or less pounds for a bushel or ton than is now provided for by law or willfully neglect the balancing or examining of the scales or cars, or knowingly and willfully weigh coal with an incorrect scale, he shall be guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the county jail for not less than three months.
Express agreement to accept a different weight from that actually mined can not be pleaded as a defense against the enforcement of this section. Criminal law not be dispensed with by contract. Tenn. 575.
CHAPTER 208.—Protection of employees as voters and in trading. Attempting to SECTION 1. It shall be unlawful for any joint stock company, Influence vote;
association, or corporation, organized, chartered, or incorporated by and under the laws of this State, or operated or doing business in this State under its laws, either as owner or lessee, having persons in their service as employees, to discharge any employee or employees, or to threaten to discharge any employee or employees in their service for voting or for not voting in any election, State, county, or municipal, for any person as candidate or measure sub
mitted to a vote of the people, or to threaten to discharge any such To control employee or employees for trading or dealing, or for not trading trade.
or dealing as a customer or patron with any particular merchant or other person or class of persons in any business calling, or to notify any employee or employees either by general or special notice, directly or indirectly, secretly or openly given, not to trade or deal as customer or patron with any particular merchant or person or class of persons, in any business or calling, under penalty of being discharged from the service of such joint stock company, corporation or association doing business in this State as
aforesaid. Penalty. Sec. 2. Any joint stock company, association, or corporation
organized, chartered, or incorporated under the laws of this State, or operated in this State violating any of the provisions of the foregoing section, shall be guilty of a misdemeanor, and on conviction shall pay a fine of not less than one hundred dollars and not more than one thousand dollars, for each offense for which
convicted. Act of officer. SEC. 3. Any person acting as an officer or agent of any joint
stock companies, associations, or corporations of the kind and character hereinbefore described, or for any one of them, who makes or executes any notice, order, or threat of the kind and character hereinbefore forbidden, shall be guilty of a misdemeanor, and on conviction shall pay a fine of not less than one hundred dollars and not more than five hundred dollars, and be imprisoned in [the] county jail not less than ten days nor more than three months.
CHAPTER 247.–Accidents in mines-Coroners' juries.
Qualifications SECTION 10. No person or persons having any personal interest of jurors.
in, or employed in the management of the mine or colliery when a fatal accident occurs. shall be qualified to serve on the jury
impaneled for the inquest, and the coroner shall have full power to challenge all such jurors so impaneled.
SEC. 11. The provisions of this act shall apply to the workings of Application of all kinds of mines that are worked in this state, either for min-law. eral of any description or coal, and all of said mines shall come under the control of the mine inspector, and be subject to his orders as herein provided for, and what he may direct in connection with the working of the same for the protection of human life therein.
ACTS OF 1889.
CHAPTER 259.—Coercion of employees-Employment of physicians.
SECTION 1. It shall be unlawful for any manufacturer, firm, Restriction as company, or corporation, their agents, clerks, or superintendents to employment
of physicians. in this State, to dictate or in any manner interfere with any employee or laborer in their rights to select their own family physicians.
SEC. 2. It shall be unlawful for any such manufacturer, firm, Company doccompany, or corporation, their agents, clerks, or superintendents, to retain or withhold any part or portion of the wages due to any such employee or laborer for the avowed purpose of paying the salary of any person claiming to be the “ company doctor” without the full consent of such employee or laborer; and the whole amount of any such wages so retained by consent shall be paid to said company doctor or other physicians so employed by said employees.
Sec. 3. Any agent, clerk, or superintendent of any such firm, Penalty. company, or corporation violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction in any of the courts of the State having jurisdiction, shall be fined not less than ten dollars.
ACTS OF 1891.
CHAPTER 114.-Sunday labor-Barbers.
forbidden. on the business of barbering on Sunday in Tennessee.
SEC. 2. Any one found guilty of violating the first section of this Penalty. act shall be fined not less than twenty-five dollars nor more than fifty dollars, or imprisoned in the county jail not less than fifteen nor more than thirty days, or both, in the discretion of the court.
This law is constitutional. 50 S. W. Rep. 769.
CHAPTER 157.—Bureau of labor and mining statistics.
SECTION 1. There shall be established a department to be styled “ The Bureau of Labor and Mining Statistics.” It shall be under tablished. the control of one officer, who shall be known as the Commissioner of the Bureau of Labor, Statistics and Mines. He shall be appointed by the governor with the advice and consent of the senate, and shall hold his office for the term of two years, or until his successor is appointed and qualified. He shall have his office at the capitol, and shall receive a salary of eighteen hundred dollars per year, and he shall be allowed one clerk at a salary of twelve hundred dollars per year.
SEC. 2. The duties of the commissioner shall be to collect, assort, Duties of arrange and present, in annual report[s], to the governor and for commissioner. general distribution to those who may apply, and to the general assembly when in session, statistics and details relating to all departments of labor and mines in the State--especially in relation to the commercial, industrial, social, educational and sanitary condition of the laboring classes, and to the permanent prosperity of the productive industries of the State, together with all the expenditures of his office, and the purposes for which said expenditures were incurred.
SEC. 3. Said commissioner, before entering upon the duties of Oath, bond, his office, shall take an oath or affirmation to discharge the same etc.