Penalty.

Illiterates un

age.

person in charge of such child shall have fully complied with section one of this act. Every such employer shall require proof of such compliance, and shall make and keep a written record of the proof given, which shall be subject to the inspection of the truant officer, superintendent of schools, or any school director of the district. Any employer employing any child contrary to the provisions of this section, shall be fined not less than twenty-five nor more than one hundred dollars.

SEC. 3. All minors over the age if [of] 14 years and under the age of der 16 years of 16 years who can not read and write the English language, shall attend school at least one-half day of each day, or attend a public night school, or take regular private instruction from some person qualified, in the opinion of the county superintendent of schools, in which such district or the greater portion of the same lies, until such minor obtains a certificate from such superintendent that he or she can read at sight and write legibly, simple sentences in English. Every employer employing or having in employment any such minor shall exact as a condition of employment the school attendance or instruction required by this section, and shall on request of the truant officer, furnish the evidence that such minor is complying with the requirements of this section. Every employer failing to comply with the requirements of this section as to any minor employed by him or in his employ, shall be fined not less than twenty-five dollars, and not more than one hundred dollars: Provided, That any employer with the approval or consent of the county superintendent of schools may make provision for the private instruction of minors in his employ.

Penalty.

Proviso.

Counterfeiting, etc., unlawful.

Penalty.

Copies to be iled.

CHAPTER 154.-Trade-marks of trade unions, etc.

SECTION 1. Whenever any person, or any association or union of workingmen, has heretofore adopted or used, or shall hereafter adopt or use, 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 having 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, trademark, term, design, device or form of advertisement.

SEC. 2. Whoever counterfeits or imitates any such labels, trademark, 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 products 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 five hundred dollars ($500), or by imprisonment for not more than three months or by both such fine and imprison

ment.

SEC. 3. Every such person, association or union that has heretofore adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, design, devise, [device] or form of advertisement as provided in section 1 of this act, may file the same for record in the office of the secretary of state by leaving two copies, counterparts or fac-similies [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 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 of such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive and that the facsimile or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said secretary shall deliver to such 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 and [any] label, trademark, 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. But the said secretary shall file and record under this act any label, trade-mark, term, design, device or form of advertisement, which may have been previously filed by any person, or any association or union of workingmen, provided the person, association or union seeking to file and record under this act is the same person, association or union that previously filed or recorded the same label, trade-mark, term, design, device or form of advertisement.

SEC. 4. Any person who shall for himself or on behalf of any other False person, association of [or] union procure the filing of any label, trade- sentations. mark, term, design, or form of advertisement in the office of the secretary of state under the provisions of this act, by making any false or fraudulent representations, or declarations, verbally on [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 five hundred dollars Penalty. ($500) or by imprisonment not exceeding three months, or by both such fine and imprisonment.

repre

Manufacture,

feits.

SEC. 5. Every such person, association or union adopting or using a label, trade-mark, term, design, device or form of advertisement as etc., of counteraforesaid, may proceed by suit for damages to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and all courts of competent jurisdiction shall grant injunction to restrain such manufacture, use, display or sale and 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 defendant to pay to 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 control of any defendant in such cause be delivered to an officer of the court, or to the complainant to be destroyed. SEC. 6. Every person who shall use or display the genuine label, trade-mark, term, design, device or form of advertisement of any such use. 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 imprisonment for not more than three months or by a fine of not more than five hundred dollars ($500). In all cases where such association or union is not incorporated, suits under this act 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.

Unauthorized

Penalty.

SEC. 7. Any person or persons who shall in any way use the name Use of name, or seal of any such person, association or union or officer thereof in etc., of associaand about the sale of goods or otherwise, not being authorized to so use

tion.

Penalty.

Attorney's fee.

Truck system forbidden.

Definition.

the same, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than three months, or by a fine of not more than five hundred dollars ($500).

SEC. 8. In case the plaintiff is successful in maintaining his action either for damages or for permanent relief by injunction, or for nominal damages only, he shall be entitled to recover a reasonable attorney's fee to be taxed by the court as a part of the costs, and merged in the judgment.

CHAPTER 155.-Payment of wages-Truck system.

SECTION 1. It shall be unlawful for any person, company or corporation, or the agent or the business manager of any such person, company or corporation, doing business in this State, to use or employ, as a system, directly or indirectly, the "truck system" in the payment, in whole or in part, of the wages of any employee or employees of any such person, company or corporation.

SEC. 2. The words "truck system" as used in the preceding section are defined to be: (1) Any agreement, method, means or understanding used or employed by an employer, directly or indirectly, to require his employee to waive the payment of his wages in lawful money of the United States, and to take the same, or any part thereof, in goods, wares or merchandise, belonging to the employer or any other person or corporation. (2) Any condition in the contract of employment between employer and employee, direct or indirect or any understanding whatsoever, express or implied, that the wages of the employee, or any part thereof, shall be spent in any particular place or in any particular manner. (3) Any requirement or understanding whatsoever by the employer with the employee that does not permit the employee to purchase the necessaries of life where and of whom he likes without interference, coercion, let or hindrance. (4) To charge the employee interest, discount or other thing whatsoever for money advanced on his wages, earned or to be earned, where the pay days of the employer are at unreasonable intervals of time. (5) Any and all arrangements, means, or methods, by which any person, company or corporation, shall issue any truck order, scrip, or other writing whatsoever, by means whereof the maker thereof may charge the amount thereof to the employer of laboring men so receiving such truck order, scrip or other writing, with the understanding that such employer shall charge the same to his employee and deduct the same from his wages.

Truck orders, SEC. 3. Any truck order, scrip or other writing whatsoever, made, etc., void. issued, or used in aid of or in furtherance of, or as a part of, the "truck system" as defined in this act, evidencing any debt or obligation from any person, company or corporation for wages due or to become due to any employee or employees of any person, company or corporation, issued under a system whereby it is the intent and purpose to settle such debt or debts by any means or device other than in lawful money, shall be utterly void in the hands of any person, company or corporation with knowledge that the same had been issued in pursuance of such system, and it shall be unlawful to have, hold or circulate the the same with such knowledge.

Penalty.

SEC. 4. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, upon convietion, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and by imprisonment in the county jail of not less than thirty days, nor more than six months.

Corporations SEC. 5. The violation of the provisions of any section of this act by forfeit charter. any corporation organized and existing under the laws of this State shall be deemed sufficient cause for the forfeiture of the charter of any such corporation, and the attorney-general of the State shall immediately commence proceedings in the proper court in the name of the people of the State of Colorado, against any such corporation for the forfeiture of its charter.

Foreign corporations.

SEC. 6. Any foreign corporation doing business in this State that shall violate the provisions of any section of this act shall forfeit its right to do business in this State, and the attorney general of the State

shall, upon such violation coming to his knowledge, by information or otherwise, institute proceedings in the proper court for the forfeiture of the right of any such corporation to do business in this State. SEC. 7. If the attorney-general of the State should fail, neglect or When attorneyrefuse to commence such actions as are provided for in sections 5 and general fails to 6 of this act, after demand being made upon the attorney-general to institute such proceedings by any responsible person, then any citizen of this State shall have the right to institute and maintain such proceedings, upon giving bond for costs of suit.

prosecute.

ney.

SEC. 8. The district attorney of any county shall prosecute for any District attorviolation of this act in the same manner as he may be required by law to prosecute for the violation of other criminal acts, except as provided in sections 5 and 6 of this act.

SEC. 9. The provisions of this act shall not be construed to prevent Act construed ditch, canal and reservoir companies from contracting or issuing orders as to ditch comor warrants payable at future dates in lawful money of the United panies, etc. States, for labor performed or services rendered for it or to contract for and pay for the same in the capital stock of such companies, or water rights or privileges for water connected with the same.

ACTS OF 1901.

CHAPTER 55.-Payment of wages-Semimonthly pay day.

SECTION 1. All private corporations doing business within this State, Semimonthly except railroad corporations, shall pay to their employees, the wages pay day. earned each and every fifteen days, in lawful money of the United States, or checks on banks convertible into cash on demand at full face value thereof, and all such wages shall be due and payable, and shall be paid by such corporations, on the fifth and twentieth day of each calendar month for all such wages earned up to and within five days of the date of such payment: Provided, however, That if at such time Provisos. of payment any employee shall be absent from the regular place of labor, he shall be entitled to such payment at any time thereafter: Provided, further, That each and every railroad corporation in this State shall have at least one regular pay day in each and every month upon which said pay day said railroad corporation shall pay to its employees all wages for services and labor performed during the preceding calendar month, in lawful money of the United States, or checks on banks convertible into cash on demand, at full face value thereof: Provided, further, That the provisions of this act shall not apply to any corporations exclusively operating ditches, canals or reservoirs.

SEC. 2. Whenever any such corporation fails to pay any of its Penalty. employees, as provided in section 1 of this act, then a penalty shall attach to such corporation, and become due to such employees, as follows: A sum equivalent to a penalty of five per cent of the wages due and not paid as herein provided as liquidated damages, and such penalty shall attach and suit may be brought in any court of competent jurisdiction to recover same and the wages due.

ployees.

SEC. 3. Whenever any employee is discharged from the employ of Discharged emany such corporation, then all the unpaid wages of such employee shall immediately become due and payable, and if such corporation fails to pay any such discharged employee all the wages due and payable to said discharged employee, then the same penalty of five per cent shall attach to said corporation and become due to such employee as provided in section 2 of this act.

SEC. 4. Any employee or any assignee of any such employee may Limitation. recover all such penalties that may, by violation of section 2 of this act, have accrued to him, at any time within six months succeeding such default, or delay, in the payment of such wages.

law.

SEC. 5. Any contract or agreement made between any corporation,, Contracts waiv and any parties in its employ, whose provisions shall be in violation, ing provisions of evasion or circumvention of this act, shall be unlawful and void, but such employee may sue to recover his wages earned, together with such five per cent penalty, or separately to recover the penalty if the wages have been paid.

Employees of

contractors.

Attorney's fees.

Application.

feits charter.

SEC. 6. Whenever any such corporation shall contract any or all of its work to any contractor, then it shall become the duty of any such corporation to provide that the employees of any such corporation or contractor shall be paid according to the provisions of this act, and such corporations shall become responsible, and liable to the employees of such contractor in the same manner as if said employees were employed by such corporation.

SEC. 7. Whenever it shall become necessary for the employees to enter or maintain a suit at law for the recovery or collection of wages due as provided by this act, then such judgment shall include a reasonable attorney fee, in favor of the successful party, to be taxed as part of the costs in the case.

SEC. 8. It is herein provided that all corporations hereafter organized for pecuniary profit, except railroad companies, shall be deemed to have incorporated with special reference to the provisions of this act, and the obligation to comply with such and every provision herein, shall be deemed to be the condition upon which incorporation is granted by the State.

Violation for- A willful violation of any of the provisions herein, shall be sufficient ground or cause for forfeiture of such corporate rights and privileges to be enforced by suit brought in the name of the people of the State of Colorado upon relation of the attorney-general of this State in any district court in Colorado.

Acts of fellowservants.

Law construed.

Hours of labor and of rest.

Penalty.

Scales, etc., to be provided.

CHAPTER 67.-Liability of employers for injuries to employees.

SECTION 1. Every corporation, company or individual who may employ agents, servants or employees, such agents, servants or employees being in the exercise of due care, shall be liable to respond in damages for injuries or death sustained by any such agent, employee or servant, resulting from the carelessness, omission of duty or negli gence of such employer, or which may have resulted from the carelessness, omission of duty or negligence of any other agent, servant or employee of the said employer, in the same manner and to the same extent as if the carelessness, omission of duty or negligence causing the injury or death was that of the employer.

SEC. 2. All acts and parts of acts in conflict herewith are hereby repealed: Provided, however, That this act shall not be construed to repeal or change the existing laws relating to the right of the person injured, or in case of death, the right of the husband or wife, or other relatives of a deceased person, to maintain an action against the employer.

This act has no effect on the provisions of chapter 77, Acts of 1893, as to notice, limit of damages, or procedure. 126 Fed. Rep. 339.

CHAPTER 89.-Hours of labor of railroad employees.

SECTION 1. No company operating a railroad in whole or in part within this State, shall permit or require any conductor, engineer, fireman, brakeman, telegraph operator, or any trainman who has worked in his respective capacity for sixteen (16) consecutive hours, except in case of casualty, to again go on duty or perform any work until he has had at least ten (10) hours' rest.

SEC. 2. Any company which violates, or permits to be violated, any of the provisions of the preceding section or any officer, agent or employee who violates or permits to be violated any of the provisions of the preceding section, shall be fined not less than one hundred dollars, nor more than three hundred dollars, for each and every violation of this act.

CHAPTER 91.-Weighing coal at mines.

SECTION 1. It shall be the duty of every corporation, company or persons engaged in the business of mining and selling coal by weight or measure in this State 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 or measure the coal mined and taken out by the workmen or miners of such corporation, company or