Violation

tor.

of

ing and seeing that coal is correctly weighed, and who shall be subject to the same penalties as the regular weighman, and each of such weighmen shall keep account of all coal weighed at the mines, in a wellbound book kept for that purpose. Such oath or affirmation shall be kept posted in a conspicuous place in the weigh office, and every owner, agent or operator of any coal mine in this State shall keep a correct account of the output of coal at his mine in a well-bound book kept for that purpose, therein showing the amount of coal mined in each day, in each month and in each year, and such account shall be kept in the general office in this State of such owner, agent or operator, subject at all times to the inspection of the inspector, and if the mine be leased, subject also to the inspection of the owner of the mine, his agent or attorney.

SEC. 5062. Any inspector who shall willfully fail or refuse to perform duty by inspec- any of the duties required of him by the provisions of this act shall be punished by a fine not less than one hundred dollars, and upon the third conviction for any such failure or refusal he shall be removed from office, and any other person convicted of a violation of any provision of this act, or of failing in any manner to comply therewith, except such provision for which punishment has already hereinbefore been fixed, shall be punished by fine not less than twenty-five dollars; and each day any such violation or failure shall continue shall be deemed a separate offense: Provided, The provisions of this act shall only apply to coal mines: Provided further, The provisions of this act do not apply to mines when less than twenty men are employed under ground.

Penalty.

Provisos.

Intoxication of engineers, etc.

Wages to paid at charge.

Penalty.

dis

CHAPTER 130.-Intoxication of railroad employees.

SECTION 6198. If any person shall, while in charge of a locomotive engine running upon any railroad in this State, or while acting as conductor of any car or cars on any railroad in this State, be intoxicated, he shall be deemed guilty of a misdemeanor and punished accordingly.

CHAPTER 130.-Payment of wages of discharged railroad employees.

be SECTION 6243 (as amended by act No. 155, Acts of 1903). Whenever any railroad company or corporation or any receiver operating any railroad engaged in the business of operating or constructing any railroad or railroad bridge shall discharge, with or without cause, or refuse to further employ any servant or employee thereof, the unpaid wages of any such servant or employee then earned at the contract rate, without abatement or deduction, shall be and become due and pay; able on the day of such discharge or refusal to longer employ; and such servant or employee may request of his foreman or the keeper of his time to have the money due him, or a valid check therefor, sent to any station where a regular agent is kept; and if the money aforesaid, or a valid check therefor, does not reach such station within seven days from the date it is so requested, then as a penalty for such nonpayment the wages of such servant or employee shall continue from the date of the discharge or refusal to further employ, at the same rate until paid: Provided, Such wages shall not continue more than sixty days, unless an action therefor shall be commenced within that time.

Benefits not available, when.

SEC. 6244. No such servant or employee who secretes or absents himself to avoid payment to him, or refuses to receive the same when fully tendered, shall be entitled to any benefit under this act for such time as he so avoids payment.

SEC. 6245. Any such servant or employee whose employment is for a definite period of time, and who is discharged without cause before the expiration of such time, may, in addition to the penalties prescribed by this act, have an action against any such employer for any damages he may have sustained by reason of such wrongful discharge, and such action may be joined with an action for unpaid wages and penalty.

This act is, as to natural persons, an invasion of their constitutional rights, but is valid exercise of the power of the State with reference to corporations. "Without abatement or discount" means without discount on account of payment before

due under the contract, but does not forbid offsets for damages sustained by an employee's failure to perform his contract. 58 Ark. 407.

The act is constitutional. 15 Sup. Ct. Rep. 1042.

The penalty does not attach until the company has ascertained, or by reasonable diligence could ascertain, the amount actually due. 65 S. W. Rep. 429.

CHAPTER 130-Fellow-servants--Railroad companies.

SECTION 6248. All persons engaged in the service of any railway Vice-princicorporations, foreign or domestic, doing business in this State, who are pals defined. intrusted by such corporation with the authority of superintendence, control or command of other persons in the employ or service of such corporation, or with the authority to direct any other employee, in the performance of any duty of such employee, are vice-principals of such corporation, and are not fellow-servants with such employee.

SEC. 6249. All persons who are engaged in the common service of Fellow-servsuch railway corporations, and who, while so engaged, are working ants. together to a common purpose, of same grade, neither of such persons being intrusted by such corporations with any superintendence or control over their fellow-employees, are fellow-servants with each other: Provided, Nothing herein contained shall be so construed as to make employees of such corporation in the service of such corporation fellowservants with other employees of such corporation engaged in any other department or service of such corporation. Employees who do not come within the provisions of this section shall not be considered fellow-servants.

SEC. 6250. No contract made between the employer and employee Contracts limbased upon the contingency of the injury or death of the employee iting liability. limiting the liability of the employer under this act, or fixing damages

to be recovered, shall be valid and binding.

The effect of these sections is to limit the risk assumed by an employee, on account of the acts or omissions of persons in the service of the same employer, to the neglect of those who are fellow-servants within the meaning of the statute, and to render the employer liable for injuries occasioned by the negligence of all other fellow-employees in the discharge of their duties. 53 Š. W. Rep. 406.

The authority that occasions liability is not merely one that may be assumed by & workman drawing larger pay or having slightly different duties, but must be actually intrusted to the vice-principal by the corporation. 85 Fed. Rep. 379.

ACTS OF 1897-REGULAR SESSION.

ACT NO. 21. False charges against railroad employees.

False charges

money.

SECTION 1. Every person who shall by any letter, mark, sign or designation whatever, or by any verbal statement, falsely and without as to collection probable cause, report to any railroad or any other company or cor- of transportation poration, or to any individual or individuals or to any of the officers, servants, agents or employees of any such corporation, individual or individuals, that any conductor, brakeman, engineer, fireman, station agent or other employees of any such railroad company, corporation, individual or individuals, have received any money for the transportation of persons or property, or shall falsely and without probable cause report that any conductor, brakeman, engineer, fireman, station agent or other employees of any such railroad company, corporation, individual or individuals, neglected, failed or refused to collect any money for transportation of persons or property when it was their duty so to do, shall, on conviction, be adjudged guilty of a misdemeanor, and shall be fined in any sum not less than one hundred ($100) dollars, nor more than five hundred ($500) dollars.

ACTS OF 1897-EXTRAORDINARY SESSION.

ACT No. 6.-Hours of labor on public roads.

SECTION 21.-A day's work shall be eight hours;

ACT NO. 43.-Garnishment of wages of railroad employees. SECTION 1. Hereafter no garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars or less, and where the property sought to be reached is wages due to a defend

Company need not answer, when.

Wages to be paid first.

Scales, etc., to be provided.

ant by any railroad corporation until after judgment shall have been recovered by plaintiff against defendant in the action.

SEC. 2. No railroad corporation shall be required to make answer to, nor shall any default or other liability attach because of its failure to so answer any interrogatories propounded to it, in any action against any person to whom it may be indebted on account of wages due for personal services, where a writ or [of] garnishment was issued in advance of the recovery by plaintiff of a personal judgment against the defendant in any action for two hundred dollars or less, and any judgment rendered against any railroad corporation for its said failure or refusal to make answer to any garnishment so issued before the recovery of final judgment in the action between the plaintiff and defendant in the cases mentioned in section 1, shall be void, and any officer entering such a judgment or who may execute or attempt to execute the same, shall be taken and considered a trespasser.

ACT No. 48.-Wages preferred—In receiverships.

SECTION 4. As soon as the receiver shall have taken the property into his custody, he shall proceed under the direction of the court, or of the judge, in vacation, to convert the same into money, and upon final hearing, the court, after deducting the cost and paying all public taxes, shall order the proceeds to be distributed among the creditors in the order and with the preferences following:

First-The salaries of employees earned within three months, and all laborers' wages shall be paid first.

SECTION 1. It shall be the duty of every corporation, company or person engaged in the business of mining and selling coal by weight or measure, and employing twenty or more persons, to procure and constantly keep on hand at the proper place, the necessary scales and measures and whatever else may be necessary, to correctly weigh and measure the coal mined by such corporation, company or person, and it shall be the duty of the mine inspector to visit each coal mine operated therein, and where such scales and measures are kept, at least once in each year, and test the correctness of such scales and measures. The owner or operators of such coal mine, or any two or more of the miners working therein, may, in writing, require his attendance at the place where such scales and measures are kept, at other times in order to test the correctness thereof, and it shall be his duty to comply with such request as soon as he can after receiving such request. be SEC. 2 (as amended by act No. 114, Acts of 1901). All coal mined weighed before and paid for by weight, shall be weighed before it is screened,

Coal to

screening.

Pena

unless the person or persons mining same shall by contract agree otherwise, and shall be paid for according to the weight so ascertained, at such prices per ton or bushel as may be agreed upon by such owner or operator and the miners who mined the same: Provided, That nothing in this act shall be so construed as to prevent such owner or operator from having the right to deduct the weight of any sulphur, slate, rock or other impurities contained in the car and not discovered until after the car has been weighed.

SEC. 3. Any corporation or person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall, for each offense, be fined not less that twenty-five dollars ($25) and not more than five hundred dollars ($500); and the officers, agents or employees of the corporation or company whose duty it was to do or perform the acts, or to cause it to be done and performed, which is the subject of the indictment, may be indicted jointly with said corporation or company, and upon conviction thereof be fined in any sum not less than twenty-five dollars ($25) nor more than five hundred dollars ($500).

This act is constitutional. 65 S. W. Rep. 465.

ACT No. 172.-Payment of wages.

stricted.

SECTION 1. Hereafter it shall be, and it is, unlawful for any milling Discounts reor manufacturing company, or any other person, corporation or company employing persons to labor for them in the State of Arkansas, to discount the wages of their employees or laborers when payment is made or demanded before the regular pay days, more than at the rate of ten per centum per annum from the date of payment to the regular pay day, and that all laborers shall be paid in currency at the place of business of the company, person or corporation so employing such labor in the State; unless the laborer elects to take drafts or checks in lieu of currency for pay.

SEC. 2. Any evasion or violation of section 1 of this act shall be Penalty. usury, and a misdemeanor and the person, company or corporation or their agents, violating the same shall be fined in any sum not less than ten dollars nor more than five hundred dollars, and the entire property of the person, company or corporation shall be subject to the payment of the fine and costs.

ACTS OF 1901.

ACT No. 161.-Payment of wages-Scrip-Company stores.

money.

SECTION 1. It shall be unlawful for any corporation, company, firm, Scrip, etc., to or person, engaged in any trade, or business in this State, either be redeemable in directly or indirectly to issue, sell, give or deliver to any person employed by such corporation, company, firm or person, in payment of wages due such laborer, earned by him, any scrip, token, draft, check or other evidence of indebtedness, payable or redeemable, otherwise than in lawfui money, at the regular pay day of such corpo ration, company, firm or person; and if any such scrip, token, draft, check or other evidence of indebtedness, be so issued, sold, given or delivered to such laborer, it shall be construed, taken and held in all courts and places to be a promise to pay the sum specified therein, in lawful money, by the corporation, company, firm or person, issuing, selling, giving or delivering the same to the person named therein, or the holder thereof. And the corporation, company, firm or person, so issuing, selling, giving, or delivering the same shall, moreover, be guilty of a misdemeanor, and upon conviction thereof, shall be fined Penalty. not less than twenty-five dollars ($25), and not more than one hundred ($100) dollars. And at the discretion of the court trying the same, the officer or agent of the corporation, company, firm or person, issuing, selling, giving or delivering the same, may be imprisoned not less than ten, nor more than thirty days.

SEC. 2. If any corporation, company, firm or person, shall coerce or compel, or attempt to coerce or compel, any employee in its, theirs [their] or his employment, to purchase goods or supplies in payment of wages due him or earned by him, from any corporation, company, firm or person, such first-named corporation, company, firm or person, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in the preceding section.

Company

stores.

Excessive

charges.

SEC. 3. If any such corporation, company, firm, or person, shall directly or indirectly, sell to any such employee, in payment of wages, due or earned by him, goods or supplies at prices higher than a reasonable or current market value thereof in cash, such corporation, company, firm or person, shall be liable to such employee, in a civil action Penalty. in double the amount of the charges, made and paid for such goods and supplies, in excess of the reasonable or current value in cash thereof: Provided, That the provisions of this act do not apply to coal Proviso. mines, when less than twenty (20) men are employed under the ground.

ACTS OF 1903.

ACT NO. 127.-Employment of children.

SECTION 1. No child under the age of twelve (12) years shall be Age limit. employed in or about any factory or manufacturing establishment

Certificates required.

Night work.

within this State, unless a widowed mother or totally disabled father is dependent upon the labor of such child, or in case a child is an orphan and has no other means of support. No child under the age of ten (10) years shall be so employed under any circumstances.

SEC. 2. It shall be unlawful for any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent or guardian or person standing in parental relation thereto, certifying the age and date of birth of said child; any person knowingly furnishing a false certificate of the age of such child shall be deemed guilty of perjury, and upon conviction thereof, shall be punished as provided by law in all cases of perjury.

SEC. 3. No child under the age of fourteen (14) shall be employed at labor or detained in any factory or manufacturing establishment in Hours of labor. this State between the hours of 7 p. m. and 6 a. m. or for more than sixty (60) hours in any one week or more than ten (10) hours in any one day.

Illiterates.

School attendance.

Penalty.

furnished.

SEC. 4. No child under the age of fourteen (14) shall be employed at labor in or about any factory or manufacturing establishment unless he or she can read and write his or her name and simple sentences in the English language.

SEC. 5. No child under the age of fourteen (14) years shall be employed at labor in or about any factory or establishment, unless such child attends school for at least twelve weeks of each year-six weeks of said schooling to be consecutive-the year to be counted from the last birthday of the child preceding such employment; and at the end of every year a certificate to the effect that the law has been complied with, signed by the teacher of the school or schools attended by the child during said year must be produced by the parent or person standing in parental relation to said child, and filed by the employer of said child. All such certificates shall be open to public inspection. SEC. 6. Any person, persons, corporation or representative of such corporation who violates any of the provisions of this act, or who suf fers or permits any child to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500).

ACT No. 142.-Employers to furnish names of employees to assessors, etc. Names to be SECTION 1. Hereafter any person, persons, partnership, company or corporation owning or operating any mill, mine, factory or any other manufacturing enterprise, shall be required to give the names of their agents, servants and employees to the tax assessors, sheriffs or tax collectors of the various counties when demanded in their official capacity. SEC. 2. Any person, persons, partnership, company, corporations, or their agents, attorneys or managers, owning or operating any mill, mine, factory or other manufacturing enterprises, who shall violate section 1 of this act shall be guilty of a misdemeanor and fined in any sum not less than ten nor more than one hundred dollars.

Penalty.

Eight hours' rest required, when.

ACT NO. 144.-Hours of labor of railroad employees. SECTION 1. Any company owning or operating a railroad over thirty miles in length in whole or in part within this State shall not permit or require any conductor, engineer, fireman, brakeman or any trainman on any train, or any telegraph operator who has worked in his respective capacity for sixteen consecutive hours, to again be required to go on duty or perform any work until he has had at least eight hours rest, except in cases of wrecks or washout: Provided, That at the expiration of the said sixteen hours continuous service, the engineer and trainmen on any train, being at a distance not. exceeding twenty-five miles from any division terminal or destination point, shall be permitted, if they so elect, to run said train into said division terminal or destination point; it being further provided that the additional service permitted under this section not be so construed as to relieve any rail