of protection from accident, the means of escape from fire, the sanitary provisions and the means of ventilation, and may make investigations as to the employment of children, young persons and women.

CHAPTER 108.-Police protection-Employment of nonresidents.

SECTION 11. If, in an emergency, special officers are appointed, Special police under the name of police officers or any other name, to act as police officers. officers for quelling a riot or disturbance or for protecting property, no Nonresidents person shall be so appointed who is not a resident of this Common- barred unless wealth, unless he is a regular employee of the person or corporation regular employwhose property he is so appointed to protect.

ees.

Same subject.

SEC. 12. A person or corporation may at any time, if his or its property is in danger, call upon the regular police authorities in this Commonwealth for assistance in its protection, and the provisions of this and the preceding section shall not limit or diminish such right; but no person or corporation shall request or authorize any person or body of persons not residents of this Commonwealth, except regular employees, to assist such corporation with arms in the defence of its property, and no such request or authority shall justify an assault or attack with arms by a nonresident. Whoever being an employer of Penalty. labor, requests or authorizes assistance in violation of the provisions of this section and whoever renders such assistance with arms shall be severally liable in damages to each person injured in person or property thereby.

CHAPTER 110.-Cooperative associations.

SECTION 7. For the purpose of cooperation in carrying on any busi- Objects. ness authorized in the two preceding sections, [any mechanical, mining or manufacturing business except that of distilling or manufacturing intoxicating liquors] and of cooperative trade, seven or more persons may associate themselves, with a capital of not less than one thousand nor more than one hundred thousand dollars.

Distribution of

SEC. 69. A corporation which is organized for the purposes set forth in section seven shall distribute its profits or earnings among its work- profits, etc. men, purchasers and stockholders at such times and in such manner as shall be prescribed by its by-laws, and as often at least as once in twelve months; but no distribution shall be made unless at least ten per cent of the net profits have been appropriated for a contingent or sinking fund, until an amount has accumulated equal to thirty per cent of its capital stock.

SEC. 70. No person shall hold shares in any cooperative association to an amount exceeding one thousand dollars at their par value, nor shall any stockholder be entitled to more than one vote upon any subject.

CHAPTER 110.-Corporations-Special stock for employees.

Limitation

of

holdings.

SECTION 37. A corporation which is subject to the provisions of this Employees' chapter may, by a vote of its general stockholders at a meeting called stock. for the purpose, issue employees' stock to be held only by the employees of such corporation. The par value of the shares of such employees' stock shall be ten dollars, and the purchasers thereof may pay for them in monthly installments of one dollar upon each share. The total amount of such employees' stock outstanding at any time shall ed. not exceed two-fifths of the actual capital paid in on the general and employees' stock.

SEC. 38. If a dividend is paid by such corporation to its stockholders, the holders of employees' stock shall receive upon each share which has been paid for in full in time to be entitled to a dividend, an amount which shall bear such proportion to the amount paid as a dividend upon each share of the general stock of such corporation as the par value of the shares of such employees' stock bears to the par value of the shares of such general stock.

H. Doc. 733, 58-2-34

Amount limit

Dividends.

Transfer.

Investigations.

Complaints.

Employees, etc., of contractors may sue owners.

Subcontractors

excluded.

Statement to be

filed.

Notice.

Limitation.

Blocking frogs,

etc.

Bridge guards.

SEC. 39. The shares of employees' stock shall not be sold or transferred except to an employee of such corporation or to the corporation itself. A corporation which issues employees' stock may prescribe by its by-laws the number of shares which may be held by any one employee and the method of transfer and redemption of such stock as is held by any person after he ceases to be an employee of the corporation. CHAPTER 111.-Accidents on railroads, etc.

SECTION 17. The board [of railroad commissioners] shall investigate the causes of any accident on a railroad or street railway which results in loss of life; and of other accidents which, in its judgment, require investigation.

SEC. 18. An employee may make complaint in writing to the board of a defect in the ways, works, machinery or appliances of a railroad or street railway, and the name of the complainant shall not be divulged.

CHAPTER 111.-Liability of railroad companies for debts of contractors for labor, etc.

SECTION 164. A person to whom a debt is due for labor performed or for materials furnished and actually used in constructing a railroad under a contract with a person, other than the owner of the railroad, who has authority from or is rightfully acting for such owner in furnishing such labor or materials shall have a right of action against such owner to recover such debt with costs, except as provided in the following four sections.

This provision is constitutional. It applies to a person performing labor under an agreement with a contractor whose contract is with the owner of the railroad. 121 Mass. 510.

SEC. 165. No such person who has contracted to construct the whole or a specified part of such railroad shall have such right of action.

SEC. 166. No such person shall have such right of action for labor performed, unless, within thirty days after ceasing to perform it, he files in the office of the clerk of a city or town in which any of said labor was performed a written statement, under oath, of the amount of the debt so due him and of the name of the person or persons for whom and by whose employment the labor was performed. Such right of action shall not be lost by a mistake in stating the amount due; but the claimant shall not recover as damages the larger amount than is named in said statement as due him, with interest thereon.

SEC. 167. No such person shall have such right of action for materials furnished, unless, before beginning to furnish them, he files in the office of the clerk of the city or town in which any of the materials were furnished a written notice of his intention to claim such right, in the manner provided for filing the statement named in the preceding section.

SEC. 168. No such action shall be maintained unless it is commenced within sixty days after the plaintiff ceased to perform such labor or to furnish such materials.

CHAPTER 111.-Safety appliances on railroads.

SECTION 183. The frogs, switches and guard rails, except guard rails on bridges, which are in or connected with the railroad tracks operated or used by any railroad corporation shall be kept so blocked by some method approved by the board [of railroad commissioners] as to prevent employees from being caught therein. A railroad corporation which violates the provisions of this section shall be punished by a fine of not less than ten nor more than one hundred dollars for each offense.

SEC. 184. Every railroad corporation, at every bridge or other structure, any portion of which crosses the railroad above the track, shall erect and maintain suitable bridge guards which shall be approved by the board and be erected and adjusted to its satisfaction. A corporation which neglects to comply with the provisions of this section shall forfeit fifty dollars for each month's neglect.

tives.

SEC. 201. A railroad corporation, in moving traffic between points Power brakes, in this Commonwealth, shall not use any locomotive which is not etc., on locomoequipped with a power driving wheel brake and appliances for operating the train brake system; nor run any train in such traffic unless a sufficient number of cars in it are so equipped with power or train brakes that its speed can be controlled by the engineman of the locomotive which is drawing such train, without the use of the common hand brakes by the brakemen. When such corporation has equipped Cars a sufficient number of its cars with such power or train brakes, it may refused. equipped may be lawfully refuse to receive from connecting lines of railroad any cars used in such traffic which are not sufficiently equipped with such power or train brakes as will work and readily interchange with the brakes in use on its own cars.

not

SEC. 202. A railroad corporation which operates a railroad or any Safety couplers portion thereof within this Commonwealth shall cause to be placed on freight cars. upon both ends of every freight car owned by it and which it may lawfully use such automatic or other safety coupler as the board, after an examination and test, may prescribe, and the board may annul any such requirement made by it. The supreme judicial court, upon the application of the attorney-general, may enforce the provisions of this section.

refused.

not

SEC. 203. A railroad corporation, in moving traffic between points Cars in this Commonwealth, shall not haul or permit to be hauled or used equipped to he on its lines any car which is not equipped with couplers coupling automatically by impact, and which can be uncoupled in some other way than by men going between the ends of the cars.

The tender of a locomotive is not a car within the meaning of this statute. 66 N. E. Rep. 1032.

SEC. 204. A railroad corporation, in moving traffic between points Grab irons. in this Commonwealth, until otherwise ordered by the board, shall not use any car, except flat cars equipped with automatic couplers, which is not provided with secure grab irons or hand holds on the ends and sides for greater security to men in coupling and uncoupling

cars.

SEC. 205. The standard height of drawbars for freight cars, measured Height of drawperpendicularly from the level of the top of the rails to the centers of bars. the drawbars, shall be thirty-four and one-half inches for standard gauge railroads and twenty-six inches for narrow gauge railroads, with a maximum variation from such standard height, in either case, of three inches between the drawbars of empty and loaded cars; and no freight car with drawbars which do not comply with the above standard, whether loaded or unloaded, shall be used in moving traffic between points in this Commonwealth.

Penalty.

SEC. 206. A railroad corporation which violates any of the provisions of sections two hundred and one and two hundred and three to two hundred and five, inclusive, shall, for each offense, forfeit one hundred dollars which shall be recovered in an action of tort to the use of the Commonwealth by the attorney-general or the district attorney for the district in which such offense was committed. SEC. 209. An employee of a railroad corporation who is injured by Assumption of any locomotive, car or train which is used contrary to the provisions of sections two hundred and one and two hundred and three to two hundred and five, inclusive, shall not be considered to have assumed the risk of such injury, although he continues in the employment of such corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge.

CHAPTER 111.-Examination and licensing of railroad employees-Colorblindness.

SECTION 221. A railroad corporation shall not employ any person or keep him in its employ in a position which requires the employee to distinguish form or color signals, unless he has been examined for color-blindness or other defective sight by a competent person employed by the corporation and has received a certificate that he is not disqualified for such position by color-blindness or other defective sight. A railroad corporation which violates the provisions of this section shall forfeit one hundred dollars.

risk restricted

Examinations for color-blindness.

CHAPTER 111.-Railroad inspectors-Duties.

Roadbeds, ap- SECTION 223. Railroad and railway inspectors who are appointed pliances, etc., to under the provisions of section eight shall, under the direction of the be inspected. board [of railroad commissioners], examine the roadbed, tracks, crossings, stations, rolling stock, machinery, equipments, appliances and grounds used in or in connection with the operation of railroads or street railways; and if they are considered by an inspector not to be in compliance with the requirements of law, or to be in such condition as to endanger the safety of the public or of employees, he shall so report in writing to the board, which, if it considers it necessary, shall give notice to the corporation or to the persons who own or operate the railroad or street railway of such failure to comply with the requirements of the law or of such defects, with such recommendation as it may consider necessary or proper.

Investigation of accidents.

Number.

al, etc.

SEC. 224. An inspector shall, under the direction of the board, investigate as promptly as may be any accident upon or resulting from the operation of a railroad or street railway which causes the death or risks the life of a passenger, employee or other person, and shall report thereon to the board. He shall attend the inquest held in the case of any such death by accident and may cause any person who has knowledge of the facts or circumstances connected with such death to be summoned as a witness to testify at the inquest.

CHAPTER 111.-Workingmen's trains.

SECTION 232. Every railroad corporation which has a terminus in Boston shall furnish such number of workingmen's trains, not less than two each way, as the board [of railroad commissioners], upon a Hours of arriv- petition for such trains filed with it, shall in each case order. Such trains shall arrive at and depart from Boston between six and half past seven o'clock in the morning and between the same hours in the evening and special cars may be provided therefor. Season tickets, good once a day each way for six days in the week, shall be furnished for such trains at a rate not exceeding, for yearly tickets, three dollars a mile, and for quarterly and weekly tickets, one dollar a mile.

Fares.

CHAPTER 111.-Negligence of employees on railroads.

Negligence SECTION 265. If an engineman, fireman or other agent of a railroad causing injury. corporation is guilty of negligence whereby an injury is done to a person or corporation, he shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than twelve months.

Platforms to be

SEC. 266. Whoever, having the management of or control of a railroad train while being used for the common carriage of persons, is guilty of gross negligence in or in relation to the management or control thereof, shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than three years.

CHAPTER 111.-Liability of railroad companies for injuries causing death.

SECTION 267. * * * if an employee of a railroad corporation being in the exercise of due care, is killed under such circumstances as would have entitled him to maintain an action for damages against such corporation if death had not resulted, the corporation shall be liable in the same manner and to the same extent as it would have been if the deceased had not been an employee.

*

* *

The single act of negligence on the part of an employee by which the injury sued for is inflicted is not enough to charge the employer with negligence in selecting such employee. 152 Mass. 155.

Under this section an action can not be maintained for the death of an employee caused by the negligence of a fellow-servant. 153 Mass. 112.

An employee is not by this section relieved of the duty of using his own faculties to learn of threatened danger. 159 Mass. 536.

CHAPTER 112.-Protection of employees on street railways—Inclosed plat

forms.

SECTION 56. * * * All street cars in use for the transportation inclosed, when. of passengers in December, January, February and March in each

year, except as provided in the following section, shall have their platforms inclosed in such manner as to protect the motormen, conductors or other employees who operate such cars from exposure to wind and weather in such manner as the board [of railroad commissioners] shall approve.

SEC. 58. Such street cars shall include all street cars which are Definition. operated by steam or electricity, which, while in motion, require the constant care or service of an employee upon the platforms of the car or upon one of them.

SEC. 59. A street railway company which fails or neglects to comply Penalty. with the provisions of the three preceding sections shall be punished by a fine of not more than one hundred dollars for each day during which such neglect continues, and a superintendent or manager of such street railway who causes or permits such violation shall be jointly and severally liable with said railway to said fine, and, in default of payment thereof, may be committed to jail until the fine is paid, but for not more than three months.

law.

SEC. 60. A street railway company whose railway is constructed in Application of part outside the limits of public ways shall, with respect to the equipment, use and operation of its railway and transportation thereon, be subject to all the provisions of law relative to street railways and street railway companies, as fully as if its railway were located wholly within the limits of public ways.

CHAPTER 122.-Protection of employees of electric companies-Insulation

of poles.

SECTION 20. Poles which are used for the transmission of electricity Poles to be inshall be insulated in such manner as to protect employees and other sulated. persons from accidents. The officer and inspector of wires appointed under the authority of section eighteen or the commissioner of wires of the city of Boston shall enforce the provisions of this section, and he shall be the sole judge of what constitutes a proper insulation.

SEC. 21. A person or corporation owning poles which are used for Penalty. the transmission of electricity who fails to comply with the provisions of the preceding section shall be punished by a fine of not less than ten nor more than one hundred dollars for every pole left uninsulated for an unreasonable time after a request for a proper insulation by the officer, inspector or commissioner acting under the provisions of the preceding section.

CHAPTER 125.-Incorporation of labor organizations.

porations.

SECTION 13. Corporations may be formed in the manner provided Objects of corin this chapter for the purpose of improving the condition of any employees in any one or more trades or employments, either relative to their employment or to the promotion of education, temperance, morality or social intercourse among them, or for the purpose of paying benefits to sick or unemployed members, or to persons dependent upon deceased members or otherwise.

SEC. 14. The commissioner of corporations shall not indorse his approval upon the certificate of organization of any such corporation, unless he is satisfied that the purpose of the association is lawful, that its by-laws contain no provision contrary to law and that they conform to the requirements of the following two sections.

Indorsement

by commission

er.

SEC. 15. The by-laws shall contain clear and distinct provisions By-laws. relative to the election, admission and expulsion of members; the titles, duties, powers and tenure of the officers of the corporation and their election and removal; the number of members required for a quorum; the call for special meetings; the adoption, amendment and repeal of by-laws; the purposes to which the funds of the corporation may be applied and for which assessments may be laid upon the members; the conditions upon which a member or persons dependent upon a deceased member shall be entitled to benefits, if any are to be given by the corporation; the imposition of fines and forfeitures, if any; the deposit, investment and custody of the funds of the corporation; the periodical audit of the accounts of the treasurer; and the method