mines, and the right to maintain and use such entry as a connecting entry is claimed, such owner or owners of any such coal mine or, mines, or either of them, may acquire such right or title in the manner that may be now or hereafter provided by any law of eminent domain.

SEC. 3183a. The use of iron needles and iron tamping bars not Tamping bars tipped with five inches of copper is hereby declared unlawful. Any to be tipped. failure on the part of a coal miner, or an employee in any coal mine to conform to the terms and requirements of this act shall subject such miner or employee to a fine of not less than five dollars or more than twenty-five dollars, with costs of prosecution, for each offense, to be recovered by civil suit before any justice of the peace; said fines, when collected, to be paid into the treasury of said county where the offense was committed, to the credit of the fund provided for the payment of the county inspector of mines.

Coal to be

SEC. 3184. It shall be unlawful for any mine owner, lessee, or operator of coal mines in the State of Washington employing weighed before miners at bushel or ton rates, or other quantity, to pass the out- screening. put of coal mined by said miners over any screen or other device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employee sending the same to the surface, and accounted for at the legal rate of weights as fixed by the laws of the State of Washington. SEC. 3185. The weighman employed at any mine shall subscribe Weighman. an oath or affirmation before a justice of the peace, or other officer authorized to administer oaths, to do justice between employer and employee, and weigh the output of coal from the mines as herein provided. The miners employed by or engaged in working for any mine owner, operator, or lessee, or [of] any mine in this State, shall have the privilege, if they desire, of employing at their own expense a check weighman, who shall have like rights, powers, and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular weighman. Said oath or affirmation shall be kept conspicuously posted in the weigh office, and any weigher of coal, or any person so employed, who shall knowingly violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense, or by imprisonment in the county jail for a period not to exceed thirty days, or by both such fine and imprisonment, proceedings to be instituted in any court having jurisdiction therein.

SEC. 3192. It shall be unlawful for any person or persons, company or companies, corporation or corporations, to sink or work through any vertical shaft at a greater depth than one hundred and fifty feet, unless the said shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations. The safety apparatus, whether consisting of eccentrics, springs, or other device, shall be securely fastened to the cage, and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk, provided the cable shall break. The iron bonnet aforesaid shall be made of boiler sheet iron of a good quality, of at least threesixteenths of an inch in thickness, and shall cover the top of said cage in such manner as to afford the greatest protection to life and limb from any matter falling down said shaft.

SEC. 3193. Any person or persons, company or companies, corporation or corporations, who shall neglect, fail, or refuse to comply with the provisions of the last preceding section of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars.

Safety cages.

Penalty.

SEC. 3194. Nothing contained in this article shall be so construed Act construed.

Scrip to be redeemable in lawful money.

Penalty.

as to prevent recovery being had in a suit for damages for injuries sustained by the party so injured, or his heir or adminis trator or administratrix, or anyone else now competent to sue in an action of such character.

TITLE 18.-Payment of wages, etc.

SECTION 3305. It shall not be lawful for any corporation, person, or firm engaged in manufacturing of any kind in this State, mining, railroading, constructing railroads, or any business or enterprise of whatsoever kind in this State, to issue, pay out or circulate for payment of wages of any labor, any order, check, memorandum, token, or evidence of indebtedness, payable in whole or in part, otherwise than in lawful money of the United States, unless the same is negotiable and redeemable at its face value, without discount, in cash or [on] demand, at the store or other place of business of such firm, person, or corporation, when[ce] the same issued, and the person who or the company which may issue any such order, check, memorandum, token, or other evidence of indebtedness shall upon presentation and demand, redeem the same in lawful money of the United States.

SEC. 3306. Any officer or agent of any corporation, or any person, firm, or company engaged in the business of manufacturing of any kind in this State, mining, railroading, constructing railroads, or any other business or enterprise of whatsoever kind in this State, who by themselves or agent shall issue or circulate, in payment for wages of labor, any order, check, memorandum, token, or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, without being payable as required by the last preceding section of this article, or who shall fail to redeem this [the] same when presented for payment or demand on said company or its agent. at his or their office or place of business, in lawful money of the United States, where the said order, check, memorandum, token, Coercion as to or evidence of indebtedness was issued, or who shall compel or trading. attempt to coerce any employee of any such corporation, person, firm, or company to purchase goods, wares, merchandise, or sup plies from any particular person, firm, or corporation, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding three hundred dollars, or upon failure to pay such fine, to be imprisoned in the jail of the county where the misdemeanor is committed, until the said fine is exhausted by imprisonment, as provided by the laws of this State, for each and every offense.

Attorneys'

fees.

Damages.

Proviso.

SEC. 3307. And whenever any person or persons, company or corporation, is compelled to sue for the recovery of the face value of check, memorandum, token, or evidence of indebtedness, issued or circulated for the payment of wages for labor, by reason of the failure of any person, firm, company, or person [corporation] issuing the same, failing or refusing to pay the same on demand, as provided by section 3305 of this article, then in such case, if judgment should be granted the plaintiff, the court shall tax an attorney's fee of not less than ten nor more than twenty-five dollars to said judgment, and the further sum of twenty-five dollars as damages to the plaintiff, suffered by the plaintiff by reason of being compelled to sue the said claim: Provided, That no plaintiff shall recover more than the face value of his said claim where the payment is refused by reason of a dispute as to the ownership of the said claim, or where it appears satisfactorily to the court or jury that the defendant had a sufficient excuse for the refusal of the payment of the said claim, the burden to prove the said sufficient excuse being on the defendant; and should the court or jury find such sufficient excuse, the same is to be specified in the judgment or verdict of said court or jury.

TITLE 18.-Protection of employees on street railways-Inclosed

platforms.

when.

SECTION 3308. All corporations, companies or individuals own- Vestibules to ing, managing or operating any street railway or line in the State be provided, of Washington, shall provide, during the rain or winter season, all cars run or used on its or their respective roads with good, substantial and sufficient vestibules, or weather guards, for the protection of the employees of such corporation, company or individual.

SEC. 3309. The vestibules or weather guards, provided for in the last [preceding] section, shall be so constructed as to protect the employees of such company, corporation or individual from the wind, rain or snow.

SEC. 3310. Any such street railway company, corporation or individual, as mentioned in the preceding sections, failing to comply with the provisions of this act, shall forfeit and pay to the State of Washington a penalty of not less than fifty dollars nor more than two hundred and fifty dollars for each and every violation of this act, and each period of ten days that any such company, corporation or individual shall fail to comply with the provisions of this act, or for each car used by such corporation, company or individual not in conformity with this act, shall be taken and deemed to be a separate violation of this act, and all moneys collected under and by virtue of the provisions of this act shall be paid into the common school fund of the State of Washington.

TITLE 18.-Hours of labor-Street railways.

Construction.

Penalty.

Limit of a

SECTION 3312. No person, agent, officer, manager or superintendent or receiver of any corporation or owner of street cars shall day's labor. require his or its gripmen, motormen, drivers or conductors to work more than ten hours in any twenty-four hours.

SEC. 3313. Any person, agent, officer, manager, superintendent Penalty. or receiver of any corporation, or owner of street car or cars, violating any of the provisions of the last [preceding] section shall upon conviction thereof shall [sic] be deemed guilty of a misdemeanor, and be fined in any sum not less than $25 nor more than $100 for each day in which said gripman, motorman, driver or conductor in the employ of such person, agent, officer, manager, superintendent or receiver of such corporation or owner is required to work more than ten hours during each twenty-four hours, as provided in the last [preceding] section, and it is hereby made the duty of the prosecuting attorney of each county of this State to institute the necessary proceedings to enforce the provisions of this and the last [preceding] section.

TITLE 18.-Saw guards in shingle mills.

SECTION 3319. It shall be unlawful for any person or persons or corporation owning or operating any shingle mill or shingle mills in the State of Washington to operate or permit the operation of such shingle mill or shingle mills unless each and every knot saw used in such shingle mill or shingle mills is protected by a metallic saw guard, so constructed as to insure a reasonable amount of safety to any person or persons engaged in the occupation of knot sawyer or knot sawyers.

Saw guards.

SEC. 3320. Any person or persons or any corporation owning or Penalty. operating any shingle mill or shingle mills in the State of Washington, that shall operate such shingle mill or shingle mills, or permit such shingle mill or shingle mills to be operated without having a metallic saw guard provided for each and every knot saw used in such shingle mill or shingle mills shall, for each day that such shingle mill or shingle mills is operated without having a metallic saw guard provided for each and every knot saw used in such shingle mill or shingle mills, be liable in the penal sum of one hundred dollars, to be recovered in civil action by

Evidence.

Proviso.

Sex not a bar.

Proviso.

Counterfeit

any party bringing suit therefor against such party or parties violating the provisions of this and the last [preceding] section. SEC. 3321. In all actions against any person or persons or corporation engaged in operating any shingle mill or shingle mills in the State of Washington, for injuries received from any knot saw used in such shingle mill or shingle mills, it shall be prima facie evidence of negligence on the part of the defendant to show that such knot saw causing the injury was not at the time of receiving the injury complained of properly protected by a metallic saw guard: Provided, That if any knot sawyer shall remove any such guard after the same has been placed in position, and while the same is removed receive inury, he shall not be entitled to receive damages for any such injuries.

TITLE 18.—Sex no disqualification for employment. SECTION 3322. * * every avenue of employment shall be open to women; and any business, vocation, profession, and calling followed and pursued by men may be followed and pursued by women, and no person shall be disqualified from engaging in or pursuing any business, vocation, profession, calling, or employment on account of sex: Provided, That this section shall not be construed so as to permit women to hold public office.

TITLE 20.-Trade-marks of trade unions, etc.

SECTION 3621. Whenever any person, or any association or ing unlawful. union of workingmen has heretofore adopted or used, or shall hereafter adopt or use, and has filed as hereinafter provided any label, trade-mark, term, design, device or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise or other product of labor, as hav ing been made, manufactured, produced, prepared, packed or put on sale by such person or association or union of workingmen or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trade-mark, term. design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trade-mark, term, design, device or form of advertisement.

Penalty.

Copies of la

filed.

SEC. 3622. Whoever counterfeits or imitates any such label, trade-mark, term, design, device or form of advertisement, or sells offers for sale, or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device or form of advertisement; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed; or knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can or package, to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor, in any box, case, can or package, to which or on which any such counterfeit or imitation is attached, affixed. printed, painted, stamped or impressed, shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than three months.

SEC. 3623. Every such person, association or union, that has bels, etc., to be heretofore adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, design, device or form of advertisement, as provided in section 3621, may file the same for record in the office of the secretary of state by leaving two copies, counterparts or facsimiles thereof, with said secretary, and by filing therewith a sworn application specifying the name or names of the person,

association or union on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed, the class of merchandise and a description of the goods to which it has been, or is intended to be appropriated, stating that the party so filing, or on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed, has the right to the use of the same, that no other person, firm, association, union or corporation has the right to such use either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile[s] or counterparts filed therewith are true and correct. There shall be paid, for such filing and recording, a fee of two dollars. Said secretary shall deliver to such Certificates. person, association or union so filing or causing to be filed any such label, trade-mark, term, design, device or form of advertisement, so many duly attested certificates of the recording of the same as such person, association or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificate of record shall, in all suits and prosecutions under this act, be sufficient proof of the adoption of such label, trade-mark, term, design, device or form of advertisement. Said secretary of state shall not record for any person, union or association, any label, trade-mark, term, design, device or form of advertisement that would probably be mistaken for any label, trade-mark, term, design, device or form of advertisement theretofore filed by or on behalf of any other person, union or association.

tions.

SEC. 3624. Any person who shall, for himself, or on behalf of Fraudulent any other person, association or union, procure the filing of any representalabel, trade-mark, term, design or form of advertisement in the office of the secretary of state, under the provisions of this chapter, by making any false or fraudulent representations or declaration, verbally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby, in any court having jurisdiction, and shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding three months.

etc.

SEC. 3625. Every such person, association or union adopting or Enjoining using a label, trade-mark, term, design, device or form of adver- counterfeiting, tisement, as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display or sale, and may award the complainant in any such suit damages resulting from such manufacture, use, sale or display, as may be by the said court deemed just and reasonable, and shall require the defendants to pay such person, association or union all profits derived from such wrongful manufacture, use, display or sale; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant to be destroyed.

SEC. 3626. Every person who shall use or display the genuine Unauthorized label, trade-mark, term, design, device or form of advertisement use. of any such person, association or union, in any manner, not being authorized so to do by such person, union or association, shall be deemed guilty of a misdemeanor, and shall be punished by impris onment for not more than three months, or by a fine of not more than one hundred dollars. In all cases where such association or union is not incorporated, suits under this chapter may be commenced and prosecuted by an officer or member of such association or union on behalf of and for the use of such association or union. SEC. 3627. Any person or persons who shall, in any way, use the Use of name, name or seal of any such person, association or union or officer etc. thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor,