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occasioned thereby, although continuing in the employment of such person, firm, company or corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge.

CHAPTER 171.- Payment of wages in scrip.

SECTION 1. Whenever any person, firm, company or corporation or Scrip to be reassociation shall take from any employee, laborer or other person

deemed. rendering services for hire in the State, an assignment of such employee's, laborer's or other person's wages, earned or unearned, due or to become due, or shall take from such employee, laborer or other person rendering service for hire, any order on his employer for any such wages, and shall issue to give to any such employee, laborer or other person rendering service for hire, in consideration of or in payment for any such assignment or transfer or order, any check or any ticket, token or device payable or redeemable or purporting to be payable or redeemable or agreed to be payable or redeemable in goods, ware[$], merchandise or any other commodity or anything other than lawful money of the United States, such checks, tickets, tokens or device shall at once become due and payable in lawful money of the United States, for and to the extent of the full amount of the wages assigned or relinquished for it, and the employee, laborer or other person to whom such check, ticket, token or device for such assignment or relinquishment of wages (was issued), shall, after demand, have the right to collect same with reasonable attorney's fees, by suit in any court of competent jurisdiction. Nothing in this act shall be construed to prevent any firm, person, company, corporation or association from paying such employee, laborer or other person rendering service for hire by bank check on any solvent bank: Provided, Such bank check is payable upon demand at its face value.

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CHAPTER 222.— Fire escapes on factories, etc. SECTION 1.

Every building in which persons are employed Factories, etc., above the second story in a factory, workshop or mercantile or other more than two

. establishment,

and every factory, workshop, mercantile or other establishment of more than two stories in height shall be provided with proper ways of egress or means of escape from fire, sufficient for the use of all persons accommodated, assembled, employed, lodged or residing in such building, and such ways of egress and means of escape shall be kept free from obstruction, in good repair and ready for use at all times, and all rooms above the second story in such building shall be provided with more than one way of egress or escape from fire, placed as near as practicable at opposite ends of the room and leading to fire escapes on the outside of such buildings or to stairways on the inside, provided with proper railings. All external doors subject to the provisions of this section shall open outward, and all windows open outward or upward. * The certificate of the chief inspector of the department of inspection of the State shall be prima facie evidence of a compliance with such requirements.

Sec. 2. In addition to the foregoing means of escape from fire, all such buildings as are enumerated in section 1 of this act, as are more than two stories in height, shall have one or more fire escapes on the outside of said buildings, as may be directed by the chief inspector aforesaid, except in such cases as the said chief inspector may deem such fire escapes to be unnecessary in consequence of adequate provision having been already made for safety in event of fire, and in such cases of exemption the said chief inspector shall give the owner, lessee or occupant of said building a written certificate to that effect and his reason therefor, and such fire escapes as are provided for in this section shall be constructed according to specifications issued or approved by the department of inspection and shall be connected with each floor above the first, well fastened and secured, and of sufficient strength; each of which fire escapes shall have landings or balconies guarded by iron railings not less than three feet in height, and embracing one or more windows at each story, and connecting with the

Outside fire escapes.

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interior by easily accessible and unobstructed openings; and the bal-
conies or landings shall be connected by iron stairs, placed at a slant
of not more than forty-five degrees, protected by a well secured hand
rail on both sides, with a twelve-inch wide drop ladder from the lower
platform, reaching to the ground, except in cases of school buildings,
iron stairs shall extend to a ground landing, and no telegraph, tele-
phone, electric light poles or wires, signs or other obstructions shall
interfere with the construction and use of any fire escape.

Sec. 3. Any other plan or style of fire escape shall be sufficient if
approved by the chief inspector, but if not so approved the chief in-
spector may notify the owner, proprietor or lessee of such establish-
ment or of the building in which such establishment is conducted, or
the agent or superintendent, or school officer, or either of them, in
writing, that any such plan or style of fire escape is not sufficient, and
may, by an order in writing, served in like manner, require one or
more fire escapes, as he shall deem necessary and sufficient, to be pro-
vided for such establishment at such location and [of] such plan and
style as shall be specified in such written order. Within twenty days
after the service of such order the number of fire escapes required in
such order for such establishment shall be provided therefor, each of
which shall be of the plan and style in accordance with the specifica-
tions in said order required. The windows or doors to each fire
escape shall be of sufficient size and be located, as far as possible, con-
sistent with accessibility from the stairways and elevator hatchways
or openings, and the ladder thereof shall extend to the roof. Station-
ary stairs or ladders shall be provided on the inside of such establish-
ment from the upper story to the roof, as a means of escape in case
of fire.

Sec. 6. The owner or owners of any building designated in this act, whether individual, firm or corporation, or the lessee or occupant thereof, or any school officer having charge of public property, who neglects or refuses to comply with any of the provisions of this act, shall be fined not exceeding two hundred dollars, and be deemed guilty of a misdemeanor punishable by imprisonment for not less than one month nor more than two months; and in case of fire occurring in said building or buildings in the absence of such fire escape or escapes, the said person or persons, or corporation or public officials shall be liable in an action for damages with a penalty of five thousand dollars for the life of each person killed, in case of death, or for damages for personal injuries sustained in consequence of such fire breaking out in said building, and shall also be deemed guilty of a misdemeanor punishable by imprisonment for not less than six months nor more than twelve months in the county jail; and such action for damages may be maintained by any person now authorized by law to sue as in other cases of similar injuries: Provided, That nothing in this act shall interfere with fire escapes now in use approved by the chief inspector.

SEC. 7. The chief inspector of the department of inspection of the State is hereby charged with the enforcement of this act, and shall see that its provisions are observed and enforced, and for this purpose he or his deputies shall have free access at all reasonable hours to all buildings embraced herein, and the prosecuting attorney in each county of the State shall render all necessary legal assistance as may be required by said chief inspector in enforcing this act.

Violations.

Enforcement

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Equipment.

CHAPTER 246.- Inspection of steam boilers.
SECTION 1. It shall be the duty of every person, firm or corporation
owning or using or causing to be used any steam boiler for generating
steam to be applied to machinery in all industrial institutions subject to
inspection by the departmentof inspection, shall [sic] provide them with
a full complement of gauge cocks, some visible means of indicating the
water level, one steam gauge, one fusible plug properly inserted, one
safety valve, all to be kept in good working order (the area of said
valve, if known as a pop valve, shall be in the ratio of one square inch
of area to three square feet of grate surface), a lever and ball safety

etc.

valve in the ratio of one square inch of area to two square feet of grate surface: Prorided, That fusible plugs shall be required only in boilers having crown sheets.

Sec. 2. The owner, agent, manager, or lessee of any boiler or boilers Inspection. described in section 1 of this act, of 10 or more horse power, shall cause such boiler or boilers to be inspected, internally, once in six months by a practical boiler maker of not less than five years' experience; or a practical steam engineer who has had not less than ten years' experience with steam boilers carrying not less than seventy (70) pounds pressure per square inch; or by a boiler inspector of any company doing business under the laws of the State, who shall furnish to the owner, agent, or lessee of such boiler a certificate of inspection stating the kind and showing the condition of said boiler, the connections, and maximum pressure to be carried by said boiler; such certificate to be retained in the office of said establishment and to be shown to the chief inspector of the department of inspection or his deputy when required.

Sec. 3. Every boiler house in which a boiler, or nest, or battery of Steam gauges, boilers is placed shall be provided with a steam gauge or gauges, properly connected with the boilers, and where the engine is in a separate room, or more than forty feet distant from the gauge or nearest boiler, shall have another gauge attached to the steam pipe, so the engineer can readily ascertain the pressure carried. The safety valves of steam boilers subject to inspection under this act shall be loaded to sustain only the maximum pressure allowed by said certificate of inspection.

SEC. 4. The prosecuting attorney of any county of this State is Enforcement. hereby required upon request of the chief inspector of the department of inspection, his deputy or any other person of full age, to commence and prosecute to a termination before any court of competent jurigdiction, in the name of the State, actions or proceedings against any person, firm or corporation reported to him to have violated the provisions of this act.

Sec. 5. It shall be unlawful for any person, firm or corporation to Penalty. knowingly operate any aforesaid boilers except as provided for in this act, and for the violation of section 1 or 3 a fine of not less than ten dollars ($10) nor more than twenty-five dollars ($25) shall be assessed for each offense. Each day such violation or violations continue shall constitute a separate offense. Any person, firm or corporation knowngly failing to comply with section 2 of this act, or any order issued by the department of inspection in accordance therewith, shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).

IOWA.

CODE OF 1897 AND SUPPLEMENT OF 1902.

Protection of employees on street railways— Inclosed platforms. SECTION 768. * Every person, partnership, company or cor- Platforms to be poration owning or operating a street railway in this state shall, from inclosed. November first of each year to April first following, provide all cars, except trailers, used for the transportation of passengers, with vestibules inclosing the front platform on at least three sides, for the protection of employees operating sueh cars. Any violation of this section Penalty. shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each day said cars are operated in violation hereof.

Time to vote to be allowed employees. Section 1123. Any person entitled to vote at a general election shall, Two hours to on the day of such election, be entitled to absent himself from any serv- be allowed. ices in which he is then employed for a period of two hours, between the time of opening and closing the polls, which period may be des

ignated by the employer, and such voter shall not be liable to any penalty, nor shall any deduction be made from his usual salary or wages, on account of such absence, but application for such absence

shall be made prior to the day of election. Any employer who shall Attempting to refuse to an employee the privilege, conferred by this section, or shall influence voter. subject such employee to a penalty or reduction of wages because of

the exercise of such privilege, or shall in any manner attempt to influence or control such employee as to how he shall vote, by offering any reward, or threatening discharge from employment, or otherwise

intimidating or attempting to intimidate such employee from exercisPenalty. ing his right to vote, shall be punished by a fine of not less than five

nor more than one hundred dollars.

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Peddlers' license-Exemptions. SECTION 1347a. Peddlers plying their vocation outside a city or town, shall pay an annual county tax of not less than one dollar nor more than fifty dollars as the board of supervisors of any county may provide for that county. * Nothing in this section shall be held to apply to parties selling their own work or production either by themselves or employees,

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Hours of labor on public roads. Eight hours a SECTION 1535. Eight hours' service for a man, or man and team, day's work.

shall be required for a day's work;

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Statement.

Incorporation of labor organizations, etc. Organization. SECTION 1642. Any three or more persons of full age, a majority of

whom shall be citizens of the State, may incorporate themselves for the establishment of * trades' unions or other labor organizations, * *

* by signing, acknowledging, and filing for record with the county recorder of the county where the principal place of business is to be located, articles of incorporation, stating the name by which the corporation or association shall be known, which shall not be the same as that of any such organization previously existing, its business or objects, the number of trustees, directors, managers or other officers to conduct the same, and the names thereof for the first

year. Powers. SEC. 1643. Upon filing such articles, the persons signing and ac

knowledging the same, and their associates and successors, shall become a body corporate, with the name therein stated, and may sue and be sued. It may have a corporate seal, alterable at its pleasure, and may take by gist, purchase, devise or bequest real and personal

property for purposes appropriate to its creation, and may make byDuration.

laws. Corporations so organized shall endure for fifty years, unless a shorter period is fixed in the articles, or they are sooner dissolved by three-fourths vote of all the members thereof, or by act of the general assembly, or by operation of law.

Liability of railroad companies for injuries to employees. Injuries caused SECTION 2071. Every corporation operating a railway shall be liable by negligence for all damages sustained by any person, including employees of such

corporation, in consequence of the neglect of the agents, or by any mismanagement of the engineers or other employees thereof, and in consequence of the willful wrongs, whether of commission or omission, of such agents, engineers or other employees, when such wrongs are

in any manner connected with the use and operation of any railway Contracts on or about which they shall be employed, and no contract which stricting liabil. ity.

restricts such liability shall be legal or binding. Contracts of Nor shall any contract of insurance, relief, benefit, or indemnity in insurance, etc.

case of injury or death, entered into prior to the injury, between the person so injured and such corporation, or any other person or association acting for such corporation, nor shall the acceptance of any such insurance, relief, benefit, or indemnity by the person injured, his widow, heirs, or legal representatives after the injury, from such corporation, person, or association, constitute any bar or defense to any cause of action brought under the provisions of this section, but nothing contained herein shall be construed to prevent or invalidate any settlement for damages between the parties subsequent to injuries received.

The intention of this statute is merely to give employees a right of action for injuries arising from the negligence of coemployees, and not to change the degree of care necessary as between master and servant. 26 Iowa 363.

The company is not liable to an employeee under circumstances that would not have rendered it liable to one not an employee. 107 Iowa 682.

This statute does not confer upon a widow the right to sue for the death of her husband occasioned by the wrongful act of a railroad company. 88 N. W. Rep. 815.

A railway company can not avoid liability under this statute by requiring of its employees more than reasonable care in the discharge of their duties. 83 lowa 380.

This statute is not unconstitutional, being applicable to all persons or corporations engaged in a peculiar business. 20 Iowa 338.

It seems not to be applicable to street railways. 68 Fed. Rep. 82.

A receiver, operating a railroad under the appointment of a court, is within the terms of this section. 62 Iowa 728.

The statute applies only to accidents growing out of the use and operation of railroads. One who is required in the course of his employment by a railroad company to go upon a train is to be regarded as being engaged in its operation, notwithstanding his employment may not be connected with the running of its trains. 41 lowa 314.

The running of special trains by a construction company engaged in constructing a road is operating it within the meaning of this statuie. 43 Iowa 406.

A clinker man in a round-house injured while coupling tanks moved by engines is within the statute. 87 Iowa 206.

So is a bridge worker who is required in the course of his employment to ride on trains. 47 lowa 375.

So is a section hand. 36 Iowa 372.
And a man engaged in shoveling gravel from a gravel train. 43 Iowa 400.
Or in the operation of a dirt train. 36 Iowa 62.
Or in running a hand car. 137 U. 8. Rep. 507.
Operating a ditching machine which worked by the movement along the track
of the train of which it forms a part is within the statute. 73 Iowa 576.

An employee injured while operating a derrick situated on a flat car, worked by moving the car, recovered under this statute. 73 Iowa 576.

As did one injured by the caving of a sand bank where he had been engaged in loading a train. 72 Iowa 709.

And one injured in a coal house by the negligent moving of a plank over which coal had been carried to the tender of a live engine. 106 Iowa 54.

But employees elevating coal to a platform from which tenders were to be filled were not within the statute. 70 Iowa 555.

Nor repair men at work on a track and not injured by the operation of the road. 6S lowa 22.

Nor a car repairer who worked on cars while not in motion, though sometimes required to ride from place to place on trains of the company for the purpose of making such repairs at different places. 64 Iowa 644

The foreman of an iron gang on a bridge, who controlled the speed of trains by signals, was directing the operation of trains in such a sense as to tix the liability of the railway company for the death of an employee at the bridge, caused by a train running at too great speed. 72 N. W. Rep. 515.

The fact that an employee is foreman of a crew of men whom he directs and whom he may hire or discharge does not prevent his being a coemployee with such workmen so that he can recover under this section for injuries received by their negligence. 60 Iowa 230.

A written contract by which an employee agrees to hold the company harmless for injuries received in doing certain acts wbich he is advised are dangerous is admissible for the purpose of showing the existence of the rule and of notice to the employee of such rule and of the danger. 73 Iowa 168.

This section does not make the employer responsible for negligent acts of an employee done tortiously or outside the line of duty. 78 N. W. Rep. 698.

Safety appliances on railroads- Automatic couplers and brakes.

SECTION 2079. No corporation, company or person operating any Automatic line of railroad within this State, or any car manufacturer or trans-couplers. portation company using or leasing cars therein, shall put in use any new car or any old one that has been to the shop for general repairs to one or both of its draw bars, that is not equipped with automatic couplers so constructed as to enable any person to couple or uncouple them without going between them.

Sec. 2080. * No corporation, company or person, operating Same subject. a railroad, or any transportation company using or leasing cars, shall have upon any railroad in this State any car that is not equipped with such safety automatic coupler: Provided, That the board of railroad

H. Doc. 733, 58-2-24

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