Entering mines, etc.

Evidence.

Limit of ten hours.

Ladder ways.

Violation.

Code prescribed.

Signals.

SEC. 759. In all cases where two or more persons shall enter upon or into any lode, gulch, placer claim or quartz mill or other mining property, or, not being upon such property but within hearing of the same, shall make any threats or make use of any language, sign or gesture calculated to intimidate any person or persons at work on said property from continuing work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending, shall, upon conviction, be punished by imprisonment in the county jail not exceeding six months and not less than thirty days, and by a fine not exceeding two hundred and fifty dollars, such fine to be discharged either by payment or by confinement in such jail until such fine is discharged at the rate of two dollars and fifty cents per day. On trials under this section, proof of a common purpose of two or more persons * * to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified, by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.

*

Employment of women and children.

SEC. 764. Every owner, stockholder, overseer, employer, clerk or foreman of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding one hundred and not less than ten dollars.

ACTS OF 1903.

CHAPTER 179.-Mine regulations.

SECTION 1. In all mining shafts fifty feet or more in depth containing two or more compartments ladder ways shall be constructed in a compartment separate from the compartment in which the cage or bucket runs, and platforms shall be built for landings at every twelve feet with inclined ladders between said platforms.

SEC. 2. Any person violating the provisions of this law shall be 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.

CHAPTER 181.—Mine regulations.

SECTION 1. At all mines where hoisting apparatus is operated in the State of South Dakota, the following code of bell signals shall hereafter be adopted and used.

SEC. 2. One bell, hoist; one bell, stop, (if in motion).

Two bells, lower men; three bells, hoist men.

Four bells, blasting signal. Engineer must answer by raising bucket or cage a few feet and letting it back slowly; then one bell, hoist men away from blast.

Five bells, steam on; six bells, steam off.
Seven bells, air on; eight bells, air off.

Three-two-two bells, send down tools.

Nine bells, danger signal (fire, accident or other danger). Then ring number of station where danger exists. No person shall ring any signal bell except the station tender, except in case of danger or when the main shaft is being sunk.

Engineers must slow up when passing stations when men are on the cage or bucket.

If cage is wanted ring station signal. Station tender will re

spond 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 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.

TENNESSEE.

CODE OF 1884.

Protection of employees as voters.

Violations.

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 associations for debts due employees.

SECTION 1782. The stockholders are to be individually liable for all moneys due to laborers, servants, clerks and operatives of the 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.]

Sunday labor.

Sunday labor

SECTION 2289. If any merchant, artificer, tradesman, farmer, or 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

Right accrues, when.

Who may sue.

Same subject.

Survival action.

Elements damage.

den.

of

of

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.

Exemption of wages from execution, etc.

SECTION. 2931 (as amended by chapter 156, Acts of 1887). The following property shall be exempt from execution, seizure or attachment:

*

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 if paid by the day or hour. 37 S. W. Rep. 91.

Right of action for injuries causing death.

SECTION 3130. The right of action which a person, who dies 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.

SEC. 3131. The action may be instituted by the personal representative of the deceased; but if he decline it, the widow and children of the deceased may, without the consent of the representative, 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.

SEC. 3132. The action may also be instituted by the widow in her own name, or if there be no widow, by the children.

SEC. 3133. If the deceased had commenced an action before his death, it shall proceed without a revivor. The damages shall go . to the widow and next of kin, free from the claims of the creditors of the deceased, to be distributed as personal property.

SEC. 3134. Where a person's death is caused by the wrongful act, 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 neeessary 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 violation 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 pre

vious 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 hired, 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.

SECTION 3466. All civil actions, other than * [real], shall be commenced after the cause of action has accrued, within the periods prescribed in this chapter, 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.

Limitation;

Of one year.

in

SECTION 1. It shall not be lawful for any manufacturer, firm, Restriction of 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, offending 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.

Penalty.

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 weighing.

Attempting to Influence vote;

SEC. 3. Should any weighman, agent, or check measurer, whether 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 can not be dispensed with by contract. 90 Tenn. 575.

CHAPTER 208.-Protection of employees as voters and in trading. SECTION 1. It shall be unlawful for any joint stock company, 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 submitted 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.

Act of officer.

Qualifications of jurors.

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.

SEC. 3. Any person acting as an officer or agent of any joint stock companies, associations, or corporations of the kind and char acter 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.

SECTION 10. No person or persons having any personal interest in, or employed in the management of the mine or colliery when a fatal accident occurs, shall be qualified to serve on the jury