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ACTS OF 1899.

CHAPTER 13.Time to vote to be allowed employees.

SECTION 40. No person entitled to vote at any general, national, Four hours to

be allowed. Territorial or county election shall be employed upon the day on which such election shall be held in any manufacturing, mining, mechanical or mercantile establishment, or any railroad or corporation in this Territory during the period of four hours after the opening of any election in the county in which such person is entitled to vote, except as to works of necessity, in which works of necessity every employee shall be given some period of four hours between the opening and closing of the polls on said day; and any district court may enforce the provisions of this section in term time, or in vacation, by mandate, or otherwise, upon the application of any voter. Every officer of any corporation, owner, superintendent, overseer or foreman, who employs or permits to be employed any person in violation of this section shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined not less than fifty por more than five hundred dollars.

OREGON.

ANNOTATED CODES AND STATUTES-1902.

TITLE 1.-Earnings of married women.

Wife's earnSECTION 31. A wife may receive the wages of her personal labor,

ings are sepaand maintain an action therefor in her own name, and hold the rate property. same in her own right,

as if unmarried.

TITLE 3.—Exemption of wages from erecution, etc.

SECTION 228 (as amended by act, page 26, Acts of 1903). The Thirty days' earnings of any debtor for personal services performed by such earnings exdebtor at any time within thirty days next preceding the service

empt, when. of an attachment, execution, or garnishment, amounting to the sum of $75, or less, shall be exempt from the effect of any such process when it shall be made to appear to the satisfaction of the court by the affidavit of such debtor, or otherwise, that such earnings are necessary for the use of the family supported wholly or partly by the labor of said debtor.

TiTLE 5.-Right of action for injuries causing death.

SECTION 381. When the death of a person is caused by the Right acwrongful act or omission of another, the personal representatives crues when. of the former may maintain an action at law therefor against the latter, if the former might have maintained an action, had he lived, against the latter, for an injury done by the same act or omission. Such action shall be commenced within two years after the death, Limitation. and the damages therein shall not exceed five thousand dollars, Damages. and the amount recovered, if any, shall be administered as other personal property of the deceased person.

The right of action is based on the death of the injured person, not on the injury that caused it, so that the right of action exists though the decedent may have been instantly killed. 33 Oreg. 458.

The action is for the benefit of the estate and not primarily of the next of kin. 21 Oreg. 459.

Personal representatives may sue though there are no next of kin. 33 Oreg. 466.

Insurance recovered can not be a set-off against a claim for damages. 31 Fed. Rep. 833.

TITLE 15.-Wages preferred-In receiverships.
SECTION 1083. Whenever the business or property of any person,

Wages to be company, or corporation in this state shall be placed by any court paid örst.

in this State in the hands of a receiver, whether upon foreclosure or creditor's bill, it shall be the duty of such receiver to report immediately to the court so appointing him, the amount due by said person, company, or corporation, at the date of such receiver's appointment, to employees and laborers of such person, company, or corporation; and it shall be the duty of said court to order the said receiver to pay out of the first receipts and earnings of said person, company, or corporation, after paying current operating expenses under his administration, the wages of all employees and laborers which had accrued within six months prior to the appointment of such receiver. It shall also be the duty of such court to order such receiver to pay the wages of all employees and laborers employed by him, at least once every thirty days, out of the first receipts and earnings of such person, company, or corporation while under his management; but should such receiver not take in sufficient moneys from the receipts and earnings of such person, company, or corporation to pay such employees and laborers, at least once every thirty days, then such receiver shall issue and deliver to each of such employees and laborers, upon demand, a receiver's certificate, showing the amount due such employee or laborer in money, which certificate shall draw interest at the rate of eight per cent per annum from the date of its issuance until paid; and such receiver shall thereafter pay such certificates out of the first moneys coming into his hands from the receipts and earnings of the properties under his charge in the order of their issuance.

TITLE 16.—Wages preferred-In administration.

Order of pay- SECTION 1212. The charges and claims against the estate which ment of de- have been presented and allowed, or presented and disallowed, mands.

but subsequently established by judgment or decree within the
first six months after the date of the notice of appointment of
the executor or administrator, shall be paid in the following order,
and those presented and allowed or established in like manner
within each succeeding period of six months thereafter, during
the continuance of the administration, in the same manner:

1. Funeral charges ;
2. Taxes of whatever nature due the United States ;
3. Expenses of last sickness ;

4. Taxes of whatever nature due the State, or any county or other public corporation therein ;.

5. Debts preferred by the laws of the United States;

6. Debts which, at the death of the deceased, were a lien upon his property, or any right or interest therein, according to the priority of their several liens ;

7. Debts due employees of decedent for wages earned within the ninety days immediately preceding the death of the decedent;

8. All other claims against the estate.

TITLE 19.—Negligence of employees on steamboats, etc.

Negligence SECTION 1776. If any person or persons in control or manageend angering ment of a steamboat or other water craft shall willfully or neglilife.

gently so conduct or manage said steamboat as to injure or destroy the property of another, thereby endangering human life, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one and not exceeding five years, or by fine of not less than five hundred and not exceeding one thousand dollars, or both.

TITLE 19.--Trade-marks, etc., of trade unions.

Counterfeit

SECTION 1841. Whenever any person or any association or union ing labels, etc. of workingmen has heretofore adopted or used, or shall hereafter

adopt or use, any label, trade-mark, term, design, device, or form

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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, trade-mark, term, design, device, or form of advertisement.

Sec. 1842. Whoever counterfeits or imitates any such label, Penalty. trade-mark, 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 product 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, or by imprisonment for not more than three months, or by both such fine and imprisonment. Sec. 1813. Every such person, association, or union that has Copies of la.

bels to be filed. heretofore adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, design, device, or form of advertisement, as provided in section 1841, may file the same for record in the office of the secretary of state, by leaving two copies, counterparts or 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 a 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 to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile[s] 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

Certificates. 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, trademark, term, design, device, or form of advertisement. Said secretary of state shall not record for any person, union, or association any label, trade-mark, 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, trademark, 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, asso

etc.

ctation, or union that previously filed or recorded the same label,

trade-mark, term, design, device, or form of advertisement. False repre- SEC. 1844. Any person who shall for himself, or on behalf of any sentations.

other person, association, or union, procure the filing of any label, trade-mark, term, design, device, 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 declaration, verbally 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, or by imprisonment not exceeding

three months, or by both such fine and imprisonment. Enjoining

SEC. 1845. Every such person, association, or union adopting or counterfeiting,

using a label, trade-mark, term, design, device, or form of advertisement, as aforesaid, may proceed by suit for damages to enjoin the manufacture, use, display, or sale of any counterfeits thereof; and all courts of competent jurisdiction shall grant injunctions 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 deeined just and reasonable, and shall require the defendants 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 the control of any defendant in such cause be delivered to an officer of the court, or to the complainant, to be de

stroyed. Unauthorized SEC. 1846. Any person who shall use or display the genuine label,

trade-mark, term, design, device, or form of advertisement of any such 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. Use of name. SEC. 1847. Any person or persons who shall in any way use the

name or seal of any such person, association, or union, or officer thereof, in and about the sale of goods, or otherwise, not being authorized so to use 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. Attorney's SEC. 1848. In case the plaintiff is successful in maintaining his fee.

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.

use.

TITLE 19.Protection of employees as voters. Attempting to influence

SECTION 1905. Any person or corporation who directly or indivote.

rectly uses any force, violence, or restraint, or inflicts or threatens to inflict any injury, damage, harm, or loss, or in any other manner practices intimidation upon or against any person in his or its employ, in order to induce or compel such person to refrain from voting at any election, or to vote or to refrain from voting for or against any person or persons, or for or against any proposition submitted to the voters at such election, or to place or cause to be placed, or refrain from placing or causing to be placed, his name upon a registry of voters, or on account of any person having so voted or refrained from voting at such election, or having registered or refrained from registering as a voter; or by abduction, duress, or any forcible or fraudulent device or contrivance whatsoever impedes, prevents, or otherwise interferes with the free exercise of the elective franchise by any such employee; or compels,

induces, or prevails upon any voter to give or refrain from giving his vote for or against any particular person or proposition, at any election ; or, being an employer, pays his employee the salary or wages due him in pay envelopes upon which there is written or printed any political motto, device, or argument containing threats, expressed or implied, intended or calculated to influence the political opinions or actions of such employees; or within ninety days of a ge

al election puts or otherwise exhibits in the establishment or place where his employees are engaged in labor, any handbill or placard containing any threat, notice, or information that if any particular ticket or candidate is elected or defeated work in his place or establishment will cease in whole or in part, his establishment be closed up or the wages of his employees reduced, or other threats, expressed or implied, intended or calculated to influence the political opinions or actions of his or its employee, is guilty of a misdemeanor.

Sec. 1906. Any person or corporation found guilty of a violation Penalty. of any of the provisions of the preceding section of this act shall be fined in a sum not less than one hundred dollars nor more than one thousand dollars, and, if a corporation, shall in addition forfeit its charter.

TITLE 19.---Sunday labor.
SECTION 1968 (as amended by act, page 167, Acts of 1903). If any

Trafficking,

etc., forbidden. person shall keep open any store, shop, grocery, bowling alley, billiard room, or tippling house, for the purpose of labor or traffic, or any place of amusement, on the first day of the week, commonly called “Sunday" or the “ Lord's Day," such person, upon conviction thereof, shall be punished by a fine not less than $5 nor more than $50: Provided, however, That the above provision shall not Exceptions. apply to theaters, the keepers of drug stores, doctor shops, undertakers, livery-stable keepers, butchers, and bakers; and all circumstances of necessity and mercy may be pleaded in defense, which shall be treated as questions of fact for the jury to determine when the offense is tried by jury.

TITLE 19.-Intimidation, etc., of employers and employees.

SECTION 1971. If any person shall, by force, threats or intimidation, Interference prevent, or endeavor to prevent, any person employed by another with employ

ment of labor, from continuing or performing his work, or from accepting any etc. new work or employment; or if any person shall circulate any false written or printed matter, or be concerned in the circulation of any such matter, to induce others not to buy from or sell to or have dealings with any person, for the purpose or with the intent to prevent such person from employing any person, or to force or compel him to employ or discharge from his employment any one, or to alter his mode of carrying on his business, or to limit or increase the number of his employees of their rate of wages or time of service, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the county jail not more than six nor less than one month, or by fine of not less than ten nor more than two hundred dollars.

The action of the executive committee of a labor union in going to an establishment and directing the members of the union at work there to cease their work under penalty of being dealt with according to the rules of the union, is not, in the absence of acts of intimidation and violence, unlawful under this section. 26 Oreg. 544.

TITLE 19.–Seamen.

SECTION 2070. If any person or persons shall entice, persuade, Enticing seaor by any means attempt to persuade, any seaman to desert from, men to desert. or without permission of the officer then in command thereof to leave or depart therefrom, either temporarily or otherwise, any ship or steamer or other vessel while such ship, steamer, or other vessel is within the waters under the jurisdiction of this State or

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