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dre 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. 1012. 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-serrants--- 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 anthority 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.

money.

Act No. 21.– False charges against railroad employees. SECTION 1. Every person who shall by any letter, mark, sign or False charges 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;

Eight hours a

day'g work. Act No. 43. --Garnishment of wages of railroad employees. SECTION 1. Hereafter no garnishment shall be issued by any court Judgment in any cause where the sum demanded is two hundred dollars or less, be recovered be

. and where the property sought to be reached is wages due to a defend

to

ant by any railroad corporation until after judgment shall have been

recovered by plaintiff against defendant in the action. Company need Sec. 2. No railroad corporation shall be required to make answer to, not answer, nor shall any default or other liability attach because of its failure to when.

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 -gainst 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. Wages to SECTION 4. As soon as the receiver shall have taken the property paid first.

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.

be

*

ACTS OF 1899.

to

be

Act No. 102.— Wrighing coal at mines. Scales, etc., to Section 1. It shall be the duty of every corporation, company or be provided.

person engaged in the business of mining and selling coal hy 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 meas-
ures. 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 com

ply with such request as soon as he can after receiving such request. Coal

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, screening.

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.

Pena

Act No. 172.- Payment of wages.

re

SECTION 1. Hereafter it shall be, and it is, unlawful for any milling Discounts or manufacturing company, or any other person, corporation or com-stricted. pany 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.

money.

Act No. 161.- Payment of wages-ScripCompany stores. SECTION 1. It shall be unlawful for any corporation, company, firm, Scrip, etc., to

be redeemable in or person, engaged in any trade, or business in this State, either 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 lawsui 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 company 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. Sex. 3. If any such corporation, company, firm, or person, shall

Excessive

charges. 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.

stores,

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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

Illiterates.

School attendance.

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. Certificates re- SEC. 2. It shall be unlawful for any factory or manufacturing estabquired. lishment 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. Night work. 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.

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. Penalty. 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.

SECTION 1. Hereafter any person, persons, partnership, company or furnished. 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 Penalty.

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.

Act No. 144.- Hours of labor of railroad employees. Eight hours' rest required,

Section 1. Any company owning or operating a railroad over thirty when.

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

Names to be

way corporation from liabilities incurred under section three (3) of this act: And, prorided further, That the provision of this act shall not apply to passenger trains.

SEC. 2. Any railroad company or corporation knowingly violating Penalty. any of the provisions of this act shall be liable to a penalty of not less than one hundred dollars ($100) nor more than two hundred dollars ($200) for the first offense; for any subsequent offense, of not less than two hundred dollars ($200) nor more than three hundred dollars ($300), which shall be recovered in a civil action in the name of the State.

Sex. 3. In addition to the penalty prescribed herein any corporation Employers’liaviolating the provisions of this act shall not be permitted to interpose bility. the defense of contributory negligence in the event of action being brought to recover for damages resulting from any accident which shall occur and by which injury shall be inflicted on any employee who may be detained in service more than said sixteen hours, notwithstanding negligence of said injured employee may have caused his own injury or death; nor shall said defense of contributory negligence be interposed if the said injury result in death of said employee and the action is brought for the benefit of his next of kin.

CALIFORNIA.

CONSTITUTION.

ARTICLE 19.- Employment of Chinese-Coolie labor. SECTION 3. No Chinese shall be employed on any State, county, Employment municipal, or other public work, except in punishment for crime.

on public works. SEC. 4. The presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the Coolieism proState, and the legislature shall discourage their immigration by all the hibited. means within its power. Asiatic coolieism is a form of human slavery, and is forever prohibited in this State, and all contracts for coolie labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be subject to such penalties as the legislature may prescribe. The legislature shall delegate all necessary power to the incorporated cities and towns of this State for the removal of Chinese with: Authority of out the limits of such cities and towns, or for their location within cities and towns. prescribed portions of those limits, and it shall also provide the necessary legislation to prohibit the introduction into this State of Chinese after the adoption of this constitution. This section shall be enforced by appropriate legislation.

ARTICLE 20.-- Hours of labor on public works. SECTION 17 (as amended November 4, 1902). The time of service of Eight hours a all laborers or workmen or mechanics employed upon any public day's work. works of the State of California, or of any county, city and county, city, town, district

, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, food, or danger to life and

Exception. property, or except to work upon public, military, or naval works or defenses in time of war, and the legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public works and prerscibe proper penalties for the speedy and efficient enforcement of said law.

ARTICLE 20.-Sex no disqualification for employment. SECTION 18. No person shall, on account of sex, be disqualified from Sex not a bar. entering upon or pursuing any lawful business, vocation, or profession.

H. Doc. 733, 58-2-9

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