Imitation, etc. Penalty. Public play or sale of any counterfeits or imitations thereof; and all courts having jurisdiction of such actions shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the complainant therein such damages resulting from such wrongful manufacture, use, display cr sale, and a reasonable attorney's fee to be fixed by the court, and shall require the defendant to pay to such person, association or union the profits derived from such wrongful manufacture, use, display or sale, and a reasonable attorney's fee to be fixed by the court, and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court to be destroyed. Such actions may be prosecuted for the benefit of any association or union by any officer or member thereof. SEC. 5051. It shall be unlawful for any person or corporation to imitate any label, trade-mark or form of advertisement adopted as provided in the second preceding section, or to knowingly use any counterfeit or imitation thereof, or to use or display such genuine label, trade-mark or form of advertisement, or the name or seal of such person, union or association, or of any officer thereof, unless authorized so to do, or in any manner not authorized by him or it. Any person violating any provision of this section shall be imprisoned in the county jail not more than thirty days, or be fined not less than twenty-five nor more than one hundred dollars. KANSAS. CONSTITUTION. ARTICLE 15.-Public printing to be done at capital. SECTION 230. * * * All public printing shall be done at the ing to be done, capital, and the prices for the same shall be regulated by law. where. GENERAL STATUTES OF 1901. Arbitration tribunals. Petition. Proviso. License. CHAPTER 5а.-Boards of arbitration. SECTION 332. The district court of each county, or a judge thereof in. vacation, shall have the power, and upon the presentation of a petition as hereinafter provided it shall be the duty, of said court or judge to issue a license or authority for the establishment within and for any county within the jurisdiction of said court, of a tribunal for voluntary arbitration and settlements of disputes between employers and employed in the manufacturing, mechanical, mining and other industries. SEC. 333. The said petition shall be substantially in the form hereinafter given, and the petition shall be signed by at least five persons employed as workmen, or by two or more separate firms, individuals, or corporations within the county who are employers within the county: Provided, That at the time the petition is presented, the judge before whom said petition is presented may, upon motion, require testimony to be taken as to the representative character of said petitioners; and if it appears that the requisite number of said petitioners are not of the character they represent themselves to be, the establishment of the said tribunal may be denied, or he may make such other order in that behalf as shall to him seem fair to both sides. SEC. 334. If the said petition shall be signed by the requisite number of either employers or workmen, and be in proper form, the judge shall forthwith cause to be issued a license, authorizing the existence of such a tribunal and containing the names of four persons to compose the tribunal, two of whom shall be workmen and two employers, all residents of said county, and fixing the time and place of the first meeting thereof; and an entry of the license so granted shall be made upon the journal of the district court of the county in which the petition originated. SEC. 335. Said tribunal shall continue in existence for one year from Duration, juthe date of the license creating it, and may take jurisdiction of any risdiction, etc. dispute between employers and workmen in any mechanical, manufacturing, mining, or other industry, who may submit their disputes in writing to such tribunal for decision. Vacancies occurring in the membership of the tribunal shall be filled by the judge or court that licensed said tribunal. Disputes occurring in one county may be referred to a tribunal already existing in an adjoining county. Said court at the time of the issuance of said license shall appoint an um- Umpire. pire for said tribunal, who shall be sworn to impartially decide all questions that may be submitted to him during his term of office. The umpire shall be called upon to act after disagreement is manifested in the tribunal by failure to agree during three meetings held and full discussion had. His award shall be final and conclusive upon such matters only as are submitted to him in writing and signed by the whole of the members of the tribunal, or by parties submitting the same. And the award of said tribunal shall be final and conclugive upon the questions so submitted to it: Provided, That said award Proviso. may be impeached for fraud, accident, or mistake. SEC. 336. The said tribunal when convened shall be organized by the selection of one of their number as chairman, and one as secretary, who shall be chosen by a majority of the members. Organization. etc. SEC. 337. The members of the tribunal and the umpire shall each Compensation, receive as compensation for their services, out of the treasury of the' county in which said dispute shall arise, two dollars for each day of actual service. The sessions of said tribunal shall be held at the county seat of the county where the petition for the same was presented, and a suitable room for the use of said tribunal shall be provided by the county commissioners. SEC. 338. All submissions of matters in dispute shall be made to the chairman of said tribunal, who shall file the same. The chairman of the tribunal shall have power to administer oaths to all witnesses who may be produced, and a majority of said tribunal may provide for the examination and investigation of books, documents and accounts necessary, material and pertaining to the matters in hearing before the tribunal, and belonging to either party to the dispute. The umpire shall have power when necessary to administer oaths and examine witnesses, and examine and investigate books, documents and accounts pertaining to the matters submitted to him for decision. SEC. 339. The said tribunal shall have power to make, ordain and enforce rules for the government of the body when in session, to enable the business to be proceeded with in order, and to fix its sessions and adjournments, but such rules shall not conflict with this statute nor with any of the provisions of the constitution and laws of the State: Provided, That the chairman of said tribunal may convene said tribunal in extra session at the earliest day possible, in cases of emergency. Submissions. Powers. Rules. Proviso. Statements to be in writing. SEC. 340. Before the umpire shall proceed to act, the question or questions in dispute shall be plainly defined in writing and signed by the members of the tribunal or a majority thereof, or by the parties submitting the same; and such writing shall contain the submission of the decision thereof to the umpire by name, and shall provide that his decision thereon after hearing shall be final; and said umpire must make his award within five days from the time the question or questions in dispute are submitted to him. Said award shall be made to the tribu- Award. nal; and if the award is for a specific sum of money, said award of money or the award of the tribunal, when it shall be for a specific sum, may be made a matter of record by filing a copy thereof in the district court of the county wherein the tribunal is in session. When so entered of record it shall be final and conclusive, and the proper court may on motion of anyone interested, enter judgment thereon; and when the award is for a specific sum of money may issue final and other process to enforce the same: Provided, That any such award may be impeached for fraud, accident, or mistake. SEC. 341. The form of the petition praying for a tribunal under this act shall be as follows: "To the district court of· -County [or a judge H. Doc. 733, 58-2-25 Form of peti tion. Weekly pay day. Penalty. Discharged employees. Penalty. Contracts to evade law. Employees of contractors. Attorneys' fees. Incorporation. Powers. Vote. Negligence causing death. thereof, as the case may be]: The subscribers hereto being the number and having the qualifications required in this proceeding, being desirous of establishing a tribunal of voluntary arbitration for the settlement of disputes in the manufacturing, mechanical, mining and other industries, pray that a license for a tribunal of voluntary arbitration may be issued, to be composed of four persons and an umpire, as provided by law." CHAPTER 23.-Payment of wages. SECTION 1295. All private corporations doing business within this State, except all steam surface railways and except corporations engaged in the production of farm and dairy products, shall pay to their employees the wages earned each and every week in lawful money of the United States, and all such wages shall be due and payable and shall be paid by such corporation not later than Friday of each week for all such wages earned the preceding week. SEC. 1296. Whenever such corporation fails to pay any of their employees, as provided in section 1 of this act [sec. 1295], 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 per month as liquidated damages; and such penalty shall attach and become a judgment in any court of competent jurisdiction, and the penalty shall continue in full force and effect including all the time intervening up to time of final payment. SEC. 1297. Whenever any employee is discharged from the employ of any such corporation, then the wages of such employee shall become due and payable in the same manner as heretofore described in section two [sec. 1296]. SEC. 1298. Any employee may recover all such penalties that may, by violations of sections two and three of this act [secs. 1296 and 1297], have accrued to him at any time within six months succeeding such default or delay in the payment of such wages. SEC. 1299. Any contract or agreement made between any such corporation and any parties in its employ, whose provisions shall be in violation, evasion or circumvention of this act, shall be unlawful and void in its effects as to such corporations. SEC. 1300. Whenever any such corporation shall contract any or all its work to any contractor, then it shall become the duty of such corporation to provide that the employees of such corporation or contractor shall be paid according to the provisions of this act, and such corporation 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. 1301. Whenever it shall become necessary for 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, to be taxed as part of the costs in the case, and collected under the same provisions of law as such judgment. CHAPTER 23.-Cooperative associations. SECTION 1454. Twenty or more persons in this State may organize and incorporate a cooperative society or company in the manner and form provided by law in other cases, for the purpose and to the end of more successfully promoting and conducting any industrial pursuit. SEC. 1455. Every such society or company when so organized shall enjoy all the rights, privileges and powers conferred by law on other chartered or incorporated companies in this State. SEC. 1456. The shareholders in any such society or company shall each have but one vote in all matters pertaining to the business of such society or company, without regard to the number of shares owned. CHAPTER 31.-Negligence of employees on steamboats. SECTION 2007. If any captain or other person having charge of any steamboat used for the conveyance of passengers, or if the engineer or other person having charge of the boiler of such boat, or of any en SEC. 2008. Any engineer, having charge of a steamboat engine, who Running shall willfully or negligently run said engine when it is not in good gine not in repair. repair, or any of the machinery connected therewith is in a condition from which explosions or breakages may be reasonably expected; or shall willfully or negligently fail to report to the master or owner the condition of such engine or other machinery therewith connected, so being out of repair, or in a condition unsafe for navigation, shall be Penalty. fined in a sum not less than one hundred nor more than one thousand dollars. * Acrobatic and CHAPTER 31.-Employment of children-Certain employments forbidden. SECTION 2034. * * Any person having in his custody or control a child under the age of fourteen years, who shall in any way dispose mendicant occuof it with a view to its being employed as an acrobat, or a gymnast, pations. or a contortionist, or a circus-rider, or a rope walker, or in any exhibition of like dangerous character, or as a beggar, or mendicant, or pauper, or street singer, or street musician; or any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child of the age last named for any of the purposes last enumerated, shall be deemed guilty of a misdemeanor, and when convicted thereof shall Penalty. be subject to punishment by a fine of not more than two hundred and fifty dollars, or by imprisonment for a term not exceeding one year, or both. CHAPTER 31.-Sunday labor. Sunday labor forbidden. SECTION 2256. Every person who shall either labor himself, or compel his apprentice, servant or any other person under his charge or control to labor or perform any work other than the household offices of daily necessity, or other works of necessity or charity, on the first day of the week, commonly called Sunday, shall be deemed guilty of Penalty. a misdemeanor, and fined not exceeding twenty-five dollars. This section is valid. 8 Kans. App. 104. A contract made on Sunday to perform labor on another day is valid. 13 Kans. 529. SEC. 2257. The last section shall not extend to any person who is a member of a religious society by whom any other than the first day of the week is observed as a Sabbath, so that he observes such Sabbath, nor to prohibit any ferryman from crossing passengers on any day in the week. CHAPTER 31.-Strikes of railroad employees, etc. Exceptions. Abandonment SECTION 2374. If any locomotive engineer, in furtherance of any combination or agreement, shall willfully and maliciously abandon of locomotives. his locomotive, upon any railroad, at any other point than the regular schedule destination of such locomotive, he shall be fined not less than twenty dollars nor more than one hundred dollars, and confined not less than twenty days nor more than ninety days in the county jail. SEC. 2375. If any person or persons shall willfully and maliciously, Intimidation, by any act or by means of intimidation, impede or obstruct, except etc. by due process of law, the regular operation and conduct of the business of any railroad company, or other corporation, firm or individual in this State, or of the regular running of any locomotive engine, freight or passenger train of any such company, or the labor and business of any such corporation, firm or individual, he or they shall, on conviction thereof, be punished by a fine of not less than twenty Conspiracy. Act construed. Blacklisting. Cause of discharge to be furnished. Penalty. Damages. Two hours to be allowed. Proviso. dollars, nor more than two hundred dollars, and confined in the county jail not less than twenty days nor more than ninety days. SEC. 2376. If two or more persons shall willfully and maliciously combine or conspire together to obstruct or impede by any act, or by means of intimidation, the regular operation and conduct of the business of any railroad company, or any other corporation, firm or individual in this State, or to obstruct, hinder or impede, except by due process of law, the regular running of any locomotive engine, freight or passenger train on any railroad, or the labor or business of any such corporation, firm or individual, such persons shall on conviction thereof be punished by a fine not less than twenty dollars nor more than two hundred dollars, and confined in the county jail not less than twenty days nor more than ninety days. SEC. 2377. This act [secs. 2374-2377] shall not be construed to apply to cases of persons voluntarily quitting the employment of any railroad company, or such other corporation, firm or individual, whether by concert of action or otherwise, except as is provided in section one of this act [sec. 2374]. CHAPTER 31.-Blacklisting. SECTION 2421. Any employer of labor in this State, after having discharged any person from his service, shall not prevent or attempt to prevent by word, sign or writing of any kind whatsoever any such discharged employee from obtaining employment from any other person, company or corporation, except by furnishing in writing, on request, the cause of such discharge. SEC. 2422. Any employer of labor in this State shall, upon the request of a discharged employee, furnish in writing the true cause or reason for such discharge. SEC. 2423. Any employer of labor, his agent or employee, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be fined for each offense the sum of one hundred dollars, and thirty days' imprisonment in the county jail. SEC. 2424. Any person, firm or corporation found guilty of the violation of sections one and two of this act [secs. 2421 and 2422] shall be liable to the party injured to an amount equal to three times the sum he may be injured, and such employers of labor shall also be liable for a reasonable attorney fee which shall be taxed as part of the costs in the case. CHAPTER 36.-Time to vote to be allowed employees. SECTION 2717. Any person entitled to vote at a general election in this State shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two hours between the time of opening and closing the polls, and such voter shall not because of so absenting himself be liable to any penalty, nor shall deduction be made, on account of such absence, from his usual salary or wages: Provided, however, That application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which Attempting to said employee may absent himself as aforesaid. Any person or corinfluence vote. poration who shall refuse to an employee the privilege hereby conferred, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privileges, or who shall in any manner attempt to influence or control such voter as to how he shall vote, by offering any reward, or by threatening his discharge from employment, or otherwise intimidating him from a full and free exercise of his right to vote, or shall directly or indirectly violate the provisions of this section, shall be deemed guilty of a misdemeanor, and be fined in any sum not less than fifty dollars not [nor] more than one hundred dollars. Penalty. |