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the offenders reside, or in Travis County, and it shall be the duty of the attorney-general, or the district or county attorney under the direction of the attorney-general, to prosecute for the recorery of the same, and the fees of the prosecuting attorney for representing the State in proceedings under this act shall be over and
above the fees allowed him under the general fee bill. Certain CON- SEC. 12. Any contract or agreement in violation of the provi. tracts void.
sions of this act shall be absolutely void and not enforcible either
in law or equity. Penalty. SEC. 13. And in addition to the penalties and forfeitures herein
provided for, every person violating this act may further be pun.
closed platforms. Screens re- SECTION 1. It shall be unlawful for any corporation or receiver quired.
operating a line of electric street railway in the State of Texas to require or permit the operation upon its lines of any electric car, other than train cars attached to motor cars, during the periods beginning November 15 and ending March 15 of each year, unless the forward end of such car is provided with a screen or vestibule which shall fully protect the motorman or other person directing the motive power by which such car is propelled from wind and storm: Provided, That when excursionists are visiting any city, summer or open cars without such vestibule or screen may be
operated as specials in addition to regular service. Penalty. SEC. 2. Any corporatiou or receiver operating a line of electric
street railway in the State of Texas who shall violate any of the provisions of this act, shall be liable to the State of Texas for a penalty of not less than one hundred dollars nor more than one thousand dollars for each offense, and such penalties shall be recovered and suit therefor shall be brought in the name of the State of Texas, in a court of proper jurisdiction in Travis County, Texas, or in any county in or through which such line of electric street railway may be run, by the attorney-general, or under his diree tion, or by the county or district attorney in any county in or through which such line of electric street railway may be operated. and such suits shall be subject to the provisions of article 1577, Revised Statutes of the State of Texas.
ARTICLE 12.-Interference with employment. Hindering em- SECTION 19. Every person in this State shall be free to obtain ployment.
employment whenever possible, and any person, corporation, or agent, servant or employee thereof, maliciously interfering or hindering in any way, any person from obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of a crime. The legislature shall provide by law for the enforcement of this section.
ARTICLE 16.—Employment of labor. Rights of la. SECTION 1. The rights of labor shall have just protection bor to be pro- through laws calculated to promote the industrial welfare of the .
State. Board of la- Sec. 2. The legislature shall provide by law, for a board of bor, etc.
labor, conciliation and arbitration, which shall fairly represent the interests of both capital and labor. The board shall perform
duties, and receive compensation as prescribed by law. ('ertain cm- SEC. 3. The legislature shall prohibit : ployments, etc., prohibited.
(1) The employment of women, or of children under the age of fourteen years, in underground mines,
(2) The contracting of convict labor.
(3) The labor of convicts outside prison grounds, except on public works under the direct control of the State.
(4) The political and commercial control of employees.
SEC. 4. The exchange of blacklists by railroad companies or Exchange of other corporations, associations or persons is prohibited.
blacklists. Sec. 5. The right of action to recover damages for injuries re- Injuries caussulting in death, shall never be abrogated, and the amount recov- ing death. erable shall not be subject to any statutory limitation.
SEC. 6. Eight hours shall constitute a day's work on all works Hours of laor undertakings carried on or aided by the State, county or mu
bor. nicipal governments; and the legislature shall pass laws to pro- , Inspection of vide for the health and safety of employees in factories, smelters factories, etc. and mines.
SEC. 7. The legislature, by appropriate legislation, shall pro- Enforcement. vide for the enforcement of the provisions of this article.
Title 4.-Wages preferred—In assignment. SECTION 85. In all assignments for the benefit of creditors, debts Wages to be due for wages or personal services of servants or employees of paid first. the assignor for services or labor rendered or performed within one year previous to the assignment, are preferred claims, and must be paid before any other creditor of the assignor, and shall be paid in full in all cases where there is sufficient property therefor; otherwise they alone shall be paid pro rata.
TITLE 18.--Protection of employees as voters.
It shall be unlawful for any employer,, Attempting to either corporation, association, company, firm, or person in paying
influence vote. its, their, or his employees the salary or wages due them, to inclose their pay in "pay envelopes" on which there is (are) written or printed any political mottoes, devices, or arguments, containing threats, express or implied, intended or calculated to influence the political opinion, views, or action of such employees. Nor shall it be lawful for any employer, either corporation, association, company, firm, or person, within ninety days of any election provided by law, to put up or otherwise exhibit in its, their, or his factory, workshop, mine, mill, boarding house, office, or other establishment or place where its, their, or his employees may be working or be present in the course of such employment, any handbill, notice, or placard, containing any threat, notice, or information, that in case any particular ticket or candidate shall or shall not be elected, work in its, their, or his establishment shall cease in whole or in part, or its, their, or his establishment be closed, or the wages of its, their, or his workmen be reduced; or other threats, expressed or implied, intended or calculated to influence the political opinions or actions of its, their, or his employees. Any person or persons, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and any person, whether acting in his individual capacity or as an officer or agent of any corporation, so guilty of such misdemeanor shall be punished as hereinafter prescribed.
SEC. 899. It shall be unlawful for any corporation or any officer Same subject. or agent of any corporation to influence or attempt to influence, by force, violence, or restraint, or by inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from employment or promoting in employment, or by intimidation, or otherwise in any manner whatever to induce or compel any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person or persons, measure or measures, at any such election. Any Forfeiture of such corporation, or any officer or agent of such corporation, charter. violating any of the provisions of this section shall be deemed
guilty of a misdemeanor and be subjected to the penalty hereinafter provided, and in addition thereto, any corporation violating this section shall forfeit its charter and right to do business
in this State. Two hours al- SEC. 910. Any person entitled to a vote at a general election lowed for vot- held within this state, shall, on the day of such election, be ing.
entitled to absent himself from any employment in which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls, and any such absence shall not be sufficient reason for the discharge of any such person from such service or employment, and such voter shall not, because of so absenting himself, be liable to any penalty. nor shall any deduction be made on account of such absence, from
his usual salary or wages except when such employee is emProviso.
ployed and paid by the hour: Provided, That application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to his or its employees the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or who shall, directly or indirectly violate the provisions of this title shall be deemed guilty of a misdemeanor.
TITLE 29.--Earnings of married women.
Earnings SECTION 1201. A wife may receive the wages for her personal separate prop- labor, and maintain an action therefor in her own name, and hold erty. the same in her own right,
as if unmarried.
TITLE 36.—Hours of labor.
Eight hours a
SECTION 1336 (as amended by chapter 98, Acts of 1903). Eight day's labor on hours shall constitute a day's work in all penal institutions in public works, etc.;
this State, whether State, county or municipal, and on all works and undertakings carried on or aided by the State, county or municipal governments. Any officer of the State or of any county or municipal government, or any person, corporation, firm, (ontractor, agent, manager or foreman, who shall require or contract with any person to work in any penal institution or upon such works or undertakings, longer than eight hours in one calendar day, except in cases of emergency, where life or property is in
imminent danger, shall be guilty of a misdemeanor. In mines and SEC. 1337. The period of employment of working men in all smelters.
underground mines or workings, and in smelters and all other institutions for the reduction or refining of ores or metals, shall be eight hours per day, except in cases of emergency where life or property is in imminent danger. Any person, body corporate, agent, manager, or employer who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor.
Held to be constitutional. 14 U. Rep. 71, 96; 18 Sup. Ct. Rep. 383.
An employee working more than eight hours is a violator of the law equally with his employer. The law will not be construed so as to require an employer to pay for the excess of eight hours' services rendered by an employee. 57 Pac. Rep. 720.
TITLE 36.-Employment of women and children.
Employment SECTION 1338. It shall be unlawful for any person, firm, or corin mines and poration to employ any child under fourteen years of age, or any smelters.
female, to work in any mine or smelter in the State of Utah. Any person, firm, or corporation who shall violate any of the provisions
of this section shall be deemed guilty of a misdemeanor. Seats for fe- Sec. 1339. The proprietor, manager, or person having charge of male employees any store, shop, hotel, restaurant, or other place where women or in stores, etc.
girls are employed as clerks or help therein, shall provide chairs, stools, or other contrivances where such clerks or help may rest when not employed in the discharge of their respective duties. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.
TITLE 36.—Blacklisting. SECTION 1340. No company, corporation, nor individual shall Blacklisting blacklist, or publish, or cause to be published or blacklisted, any forbidden. employee, mechanic, or laborer, discharged or voluntarily leaving the service of such company, corporation, or individual, with intent and for the purpose of preventing such employee, mechanic, or laborer from engaging in or securing similar or other employment from any other corporation, company, or individual.
SEC. 1341. If any person or any officer or agent of any company, Penalty. corporation, or individual, shall blacklist, or publish, or cause to be published, any employee, mechanic, or laborer, discharged by such corporation, company, or individual, with the intent and for the purpose of preventing such employee, mechanic, or laborer from engaging in or securing similar or other employment from any other corporation, company, or individual, or shall in any manner conspire or contrive, by correspondence, or otherwise, to prevent such discharged employee from securing employment, he shall be deemed guilty of a felony and, upon conviction, shall be fined not less than five hundred dollars, nor more than one thousand dollars, and be imprisoned in the State prison not less than sixty days nor more than one year.
TITLE 36.-Fellow-servants. SECTION 1342. All persons engaged in the service of any person, Vice princl. firm, or corporation, foreign or domestic, doing business in this pals defined. State, who are entrusted by such person, firm, or corporation as employer with the authority of superintendence, control, or command of other persons in the employ or service of such employer, or with the authority to direct any other employee in the performance of any duties of such employee, are vice principals of such employer and are not fellow-servants.
SEC. 1343. All persons who are engaged in the service of such Fellow-ser employer, and who, while so engaged, are in the same grade of vants. service and are working together at the same time and place and to a common purpose, neither of such persons being entrusted by such employer with any superintendence or control over his fellow employees, are fellow-servants with each other: Provided, Proviso. That nothing herein contained shall be so construed as to make the employees of such employer fellow-servants with other employees engaged in any other department of service of such employer. Employees who do not come within the provisions of this section shall not be considered fellow-servants.
TITLE 36.—Wages preferred-In receiverships, etc. SECTION 1344. When the property of any company, corporation, Wages to be firm, or person shall be seized upon by any process of any court of paid first. this State, or when their business shall be suspended by the action of creditors, or be put into the hands of a receiver, assignee, or trustee, the debts owing to employees, laborers, or servants, for work or labor performed within one year next preceding the seizure or transfer of such property, shall be considered and treated as preferred debts, and such laborers, servants, or employees, shall be preferred creditors, and shall be first paid in full; and if there be not sufficient to pay them in full, then the same shall be paid to them pro rata, after paying costs.
SEC. 1315. Any such employee, laborer, or servant desiring to Statement. enforce his claim for wages under this chapter shall present a statement, under oath, showing the amount due after allowing all just credits and set-offs, the kind of work for which such wages are due, and when performed, to the officer, person, or court charged with such property, within ten days after the seizure thereof on any writ of attachment, or within thirty days after the
same may have been placed in the hands of any receiver, assignee, or trustee; any person with whom any such claim shall have been filed, shall give immediate notice thereof by mail to all persons interested; and it shall be the duty of the person or the court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the proceeds of the sale of the property seized, if the claim be not con
tested as provided in the next succeeding section. Contesting
Sec. 1346. Any person interested may contest such claim or claims.
claims, or any part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property, within ten days after the notice of presentment of said statement and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdiction thereof, before any part thereof shall be paid, and the party contesting shall be made a party defendant in any such action and shall have the right to contest such claim, and the prevailing party shall recover proper costs.
The claims of operatives of a street railroad for work performed sixty days next preceding the appointment of a receiver are entitled to priority over a trust deed on the company's property. 8 U. Rep. 15.
TITLE 36.-Suits for wages-Attorneys' fees. Attorneys SECTION 1347. Whenever a mechanic, artisan, miner, laborer, fees allowed, servant, or employee shall have cause to bring suit for wages when.
earned and due according to the terms of his employment, and shall establish by the decision of the court or verdict of the jury that the amount for which he has brought suit is justly due, and that a demand had been made in writing, at least fifteen days be fore suit was brought, for a sum not to exceed the amount so found due, then it shall be the duty of the court before which the case shall be tried, to allow to the plaintiff a reasonable attorney's fee in addition to the amount found due for wages, to be taxed as costs of suit. In a justice's court such attorney's fee shall not be more than five dollars, and in the district court, not more than ten dollars, except in cases on appeal from a justice's court to the district court, when the plaintiff may recover an attorney's fee, not exceeding twenty-five dollars.
TITLE 42.–Weighing coal at mines. Scales to be
SECTION 1529. The owners, agent, 'or operator, of every coal provided. mine in this State, at which the miners are paid by weight, shall
provide at such mines suitable and accurate scales of standard manufacture for the weighing of all coal which shall be hoisted or delivered from such mines: Provided, That when coal is weighed in the miner's car, such car shall be brought to a standstill on the
scales before the weight is taken. Weighmaster. SEC. 1530. The owner, agent, or operator of such mine shall re
quire the person authorized to weigh the coal delivered from said mine to be sworn before some person having authority to administer an oath, to keep the scales correctly balanced, to accurately weigh and to correctly record the gross or screened weight to the nearest ten pounds of each miner's car of coal delivered from such mine, and such oath shall be kept conspicuously posted at the place of weighing. The record of the coal mined by each miner shall be kept separate, and shall be opened to his inspection at all reasonable hours, and also for the inspection of all other persons
pecuniarily interested in such mine. Check weigh
SEC. 1531. In all coal mines in this State the miners employed and working therein may furnish a competent check weighman at their own expense, who shall at all proper times have full right of access and examination of such scales, machinery, or apparatus, and of seeing all measures, and weights of coal mined and accounts kept of the same: Provided, That not more than one person on behalf of the miners collectively shall have such right of