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of wages earned and unpaid in lawful money to such employee, Proviso. up to within twelve days of such payment: Provided, however,
That if at any time of payment, any employee shall be absent from his or her regular place of labor and shall not receive his or her wages through a duly authorized representative, he or she shall be entitled to said payment at any time thereafter upon demand ; any employer or employers as aforesaid who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twentyfive dollars and not more than one hundred dollars for each and every offense, at the discretion of the court: Provided, Complaint of such violation be made within sixty days from the day such wages become payable according to the tenor of this act; the provisions of this section shall not apply to any employee or em
ployees engaged in agricultural work or as watermen. Contracts in violation of act.
SEC. 2. It shall not be lawful for any such person, firm, association, partnership or corporation, as aforesaid, to enter into or make any agreement with any employee for the payment of the wages of any such employee otherwise than as provided in section one of this act, except it be to pay such wages at shorter intervals than every two weeks; every agreement made in violation of this act shall be deemed to be null and void, and the penalties provided for in section one hereof may be enforced notwithstanding such agreement; and each and every employee with whom any agreement in violation of this act shall be made by any such person, firm, association, partnership, corporation or the agent or agents thereof, shall have his or her action and right of action against any such person, firm, association, partnership or corporation, for the full amount of his or her wages in any court of competent
jurisdiction in this State. Enforcement.
SEC. 3. The factory inspector of this State and his deputies shall make complaint against any employer or employers aforesaid who neglects to comply with the provisions of this act for a period of two weeks after having been notified in writing by said inspector or his deputies of a violation of this act; and it is hereby made the duty of county prosecutors of the pleas to appear in behalf of such proceedings brought hereunder by the factory inspector or his deputies.
CHAPTER 124.—Bureau of abor-Ouners, operators, etc., of mills,
etc., to make certain returns.
Owners of fac- SECTION 1. It shall be the duty of every owner, operator, lessee, tories, etc., to report.
manager or superintendent of every factory, mill, workshop, mine or other establishment or industry in which labor is employed within this State, to make such reports or returns on blanks furnished by the bureau of statistics of labor and industry as the said bureau may require for carrying out the purposes and compiling such statistics as are authorized in the said act (an act to establish a bureau of statistics of labor) and its supplements; and che said owner, operator, lessee, manager or superintendent shall make such report or return within the time prescribed therefor,
and shall certify to the correctness of the same. Penalty. SEC. 2. Any owner, operator, lessee, manager or superintend
ent of an establishment or industry in which labor is employed within this State, who willfully neglects to fill such blank within the time allowed for doing so, or who refuses to fill such blank, shall forfeit for every such delay, [or] refusal, the sum of fifty dollars, to be recovered in a court of competent jurisdiction, by an action in which the State shall be represented by the chief of the bureau of statistics of labor and industry as plaintiff.
CHAPTER 202.-Aliens not to be employed on public works.
None but citi. SECTION 1. It shall not be lawful for the State or any county, zens to be em- city, town, township or borough, or other municipal corporation ployed.
within this State, or for any board, committee, commission or officer thereof, or for any officer, board, body or organization having charge of any public work or any construction, whether the same be a building, excavation, pipelaying, bridge or dock building, sewer or drainage construction, road building, paving, or any other form or kind of public work which shall be undertaken and done at public expense, or for any person or corporation, to employ as a mechanic or laborer upon such public work or construction, or any part thereof, any person who is not at the time of such employment a citizen of the United States; any contractor or officer who shall violate the provisions of this act shall forfeit and pay the sum of one hundred dollars, to be recovered in an action of debt in any court of competent jurisdiction, with costs, and such penalty when recovered shall be paid into the treasury of the State, county, city or other municipal corporation within which and under whose authority such officer or contractor claims to act: Provided. The provisions of this act shall not apply to any contract now in force.
ACTS OF 1900,
CHAPTER 75.—Bureau of statistics of labor-Deputy chief, etc.
the chief of the bureau of statistics of Deputy chief. labor and industries shall appoint a deputy, who shall be commissioned by the governor to be deputy chief of said bureau ; the said deputy shall hold his office during the pleasure of the chief, and perform all the duties of the chief of the bureau in his absence; he shall, also, perform all the duties now imposed by law upon the secretary of said bureau, together with such other special duties as may be assigned him by the chief; and from and after the appointment of said deputy chief, the office of secretary of the bureau of statistics of labor and industries shall be abolished.
SEC. 2. The deputy chief shall receive such annual compensation Compensa. as may be fixed by the chief with the approval of the governor, tion. which salary shall be paid monthly by the treasurer on warrants drawn by the comptroller in the same manner as the salary of the chief of the bureau is now paid.
Sec. 3. The chief of the bureau of statistics of labor and in- Clerks, etc. dustries may employ such clerks and other assistants as he may deem necessary, and with the approval of the governor, fix their compensation; he may also incur such expenses as may be necessary for stationery, blanks, postage, expressage, and other incidental expenses of his office: Provided. Such compensation and expenses shall not exceed in the aggregate the sum annually appropriated for said bureau by the legislature.
ACTS OF 1902.
CHAPTER 271.–Factories and workshops-Deputy inspectors.
SECTION 1. The governor shall have power to appoint seven suit- Deputy inable persons as deputy inspectors of factories and workshops, who spectors. shall each receive an annual salary of one thousand dollars, to be paid in monthly installments, and each of whom shall hold office for three years and until his or her successor is appointed, unless sooner discharged by the inspector of factories and workshops as hereinafter provided, and who shall have like power as the inspector under the act (page 1900, General Statutes) to which this is a supplement and any supplement thereto, but shall at all times be governed by and subject to the control of the inspector; and the salary of said inspector of factories and workshops shall be twentyfive hundred dollars per year, and the said inspector of factories and workshops shall hold office for five years and until his successor is appointed.
SEC. 2. Every deputy inspector shall devote at least eight hours Service of every working day, except public holidays, and four hours on quired.
Saturdays, to the discharge of his or her duties, as such deputy inspector, unless prevented by illness or other disability, and no deputy inspector shall engage in any business, occupation or employment during his or her term of office that will in any way interfere with or prevent the full and faithful performance of such duties, and any violation of this requirement shall subject the person violating the same to immediate suspension by the factory and workshop inspector and loss of pay for such time as he may think proper, and to discharge by the factory and workshop inspector with the consent of the governor; but any such deputy inspector shall have an opportunity to make a statement and present evidence in his defense to the factory and workshop inspector or the governor before suspension or discharge.
Sec. 3. The inspector of factories and workshops shall have power to discharge any deputy inspector for cause, and upon such discharge the term of the said deputy inspector shall cease: Provided, That no deputy inspector shall be discharged without the consent of the governor.
ACTS OF 1903.
CHAPTER 257.-Railroad employees-Disobedience of rules
Disobeying Sec. 61. Any employee of any railroad company who shall willrules, etc. fully or negligently disregard and disobey any rule, regulation or
published order of the company in regard to the running of trains, shall be deemed guilty of a misdemeanor;
the penalties imposed by this section shall not exclude any other liability, pen
alty or remedy, civil or criminal. Aband oning SEC. 62. If any railroad employee on any railroad within this engine.
State engaged in any strike or with a view to incite others to such strike, or in furtherance of any combination or preconcert with any other person to bring about a strike, shall abandon the engine in his charge when attached to a train at any place other than the schedule or otherwise appointed destination of such train, or shall refuse or neglect to continue to discharge his duty, or to proceed with such train to the place of destination aforesaid; or if any
railroad employee within this State, for the purpose of furtherStrikes. ing the object of or lending aid to any strike organized or
attempted to be maintained on any other railroad, either within or without the State, shall refuse or neglect in the course of his employment to aid in the movement over and upon the tracks of the company employing him of the cars of such other railroad company received therefrom in the course of transit, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred nor more than five hundred dol. lars, and may also be imprisoned for a term not exceeding six
months, at the discretion of the court. Interfer ence Sec. 63. If any person in aid or furtherance of the objects of any by strikers.
strike upon any railroad, shall interfere with, molest or obstruct any locomotive engineer or other railroad employee engaged in the discharge or performance of bis duty as such, or shall obstruct any railroad track within this State, or shall injure or destroy the rolling stock or other property of any railroad company, or shall take possession of or remove any such property, or shall prevent or attempt to prevent the use thereof by such company or its employees, or shall by offer of recompense induce any employee of any railroad company within this State to leave the service of such company while in transit, every such person offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars, and may also be imprisoned not more than one year, at he (the) discretion of the court,
COMPILED LAWS OF 1897.
TITLE 9.-Sunday labor.
SECTION 1368. Any person or persons who shall be found on the Sunday labor first day of the weck, called Sunday, engaged
forbidden. labor, except works of necessity, charity, or mercy, shall be pun. ished by a fine not exceeding fifteen dollars, nor less than five dollars, or imprisonment in the county jail of not more than fifteen days, nor less than five days, in the discretion of the court, upon conviction before any district court.
SEC. 1370. It shall be lawful in cases of necessity for farmers Irrigation, and gardeners to irrigate their lands, and when necessary to pre- hotel service, serve the same, to remove grain and other products from the fields on said day; and nothing in this act shall be construed to prevent cooks, waiters and other employees of hotels and restaurants, and of butchers and bakers, from performing their duties on said day.
SEC. 1372. Sunday, for the purpose of this act, shall be regarded Definition. as the time between sunrise and midnight of said day.
TITLE 12.–Protection of employecs as voters.
SECTION 1636. It shall be unlawful for any person
at Attempting to
influence votor prior to any election authorized by the laws of this Territory, to influence or attempt to influence any voter to vote for or against any candidate for office, or any question or person, or to refrain from voting at any such election,
by the offer of employment, or by any menace or threat to discharge from employment, or by any threat of violence to any such voter,
Any person violating any of the provisions of this section shall upon conviction thereof, before any court of competent jurisdiction, be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, and by imprisonment in the county jail not less than three months, nor more than six months, at the discretion of the court trying the same.
TITLE 13.-Eremption of wages from erecution, etc.
SECTION 1737. Every person who has a family and every widow, Sixty days' may hold the following property exempt from execution, attach- earnings, ment or sale, for any debt, damage, fine or amercement, to wit:
Sixth. The personal earnings of the debtor for sixty days next preceding his application for such exemption, when it is made to appear by the affidavit of the debtor, or otherwise, that such earnings are necessary to the support of such debtor, or his wife or his family: Provided, That such exemption shall not apply to debts Proviso. incurred for manual labor, or for the necessaries of life furnished the debtor or his family.
TITLE 21.-Bonding employees—Foreign guarantee companies.
SECTION 2141. *
No corporation, company, firm or indi- Company must vidual, shall demand as a condition precedent to giving employ- have office in ment to any person or retaining such person in employment, that
Territory. such employee shall procure the bond or guarantee of any foreign guarantee company, as an indemnity to such employer against loss by the act of such employee, unless such guarantee company shall have a designated agent at the county seat of some county in this Territory, where they do business, upon whom process can be served in suits against it, and it shall have otherwise fully complied with the law to warrant it in so doing such insurance or guaranteeing business in this Territory.
Penalty. SEC. 2112. Any corporation, company, firm or individual doing
business in this Territory, or who may hereafter so do business, who shall enter into any contract as to guaranteeing such employer against loss from the acts of employees with any foreign guarantee company, firm or corporation, that is not entitled by a full compliance with the laws of this Territory to do such insurance or guaranteeing business in this Territory, or who shall charge a fee to its, their or his employees, or retain from the wages of any employee any fee or sum of money to pay for such guarantee so entered into with such guarantee association, corporation, company, firm or individual, who shall not have complied with the requirements of section two thousand one hundred and forty-one, to warrant it or him to do such business in this Territory, shall be deemed guilty of a misdemeanor, and shall be subject to a fine not less than one thousand dollars nor more than ten thousand dollars, in the discretion of the jury trying the case, and it is hereby made the duty of all prosecuting officers to take notice of violations of this act and prosecute the same.
TITLE 26.—Medical attendance for employees in smelting works. Medical at.
SECTION 2337. Whenever any employee of any corporation, pertendance to be son or persons engaged in the management and operation of any provided, when. smelting works in the Territory of New Mexico, shall become dis
abled and rendered unfitted for labor by reason of lead poisoning, which said lead poisoning shall be the result and consequence of said employee's performance and proper discharge of said employee's duties in and about said smelting works, said employee shall be provided with and receive all proper medical attendance, medicines and sustenance during such disability, at the expense
of said corporation, person or persons so employing him. Action for re
SEC. 2338. If any such corporation, person or persons engaged covery. in the management and operation of any smelting works in the
Territory of New Mexico shall fail to provide such employee with all proper medical attendance, medicines and sustenance during such disability of said employee, then the reasonable expense of providing such employee with all proper medical attendance, medicines and sustenance during such disability of said employee may be recovered from such corporation, person or persons so engaged in the management and operation of smelting works as aforesaid, in an action at law by and in the name of any person or persons rendering or providing such employee with the said medical attendance, medicines and sustenance.
TITLE 26.--Coal mine regulations and inspection.
SECTION 2339. The owner or agent of every coal mine shall make or cause to be made an accurate map or plan of the workings of such coal mine or mines, on a scale of one hundred feet
to the inch. Copies to be SEC. 2340. A true copy of which map or plan shall be kept at kept, where. the office of the owner or owners of the mine open to the inspec
tion of all persons, and one copy of such map or plan shall be kept at the mines by the agent or other persons in charge of the
mines, open to the inspection of the workmen. Escape shafts. Sec. 2341. The owner or owners or agents of every coal mine
shall provide at least two shafts, slopes or outlets, separated by natural strata of one huudred and fifty feet in breadth, by which shafts, slopes or outlets distinct means of ingress and egress are
always available to the persons employed in the coal mine. Ventilation. SEC. 2342. The owners or agents of every coal mine shall pro
vide and establish for every such coal mine an adequate amount of ventilation of not less than fifty-five cubic feet per second, of pure air, or thirty-three hundred feet per minute for every fifty men working in such coal mine, and as much more as the circumstances require, which shall be circulated through the face of every working place throughout the entire mine, to dilute and