personal representative, for the benefit of the surviving widow or husband, or child or children of such employee, and if none, then of such employee's parents; and if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves or other equipment: Provided, nevertheless, No recovery shall be had hereunder if the person killed or injured brought about his death or injury by his own carelessness, amounting to a failure to exercise ordinary care; or if he, by the exercise of ordinary care, could have avoided the consequences of the defendant's negligence. The measure of damage in case the injury results in death of the employee shall be that prescribed in sections 3828 and 3829 of the Civil Code of 1895: Provided, That the party or parties for whose benefit recovery may be had under this act, may sue and recover in their own name or names in the manner prescribed by section 3828 of the Civil Code, in case no administrator or executor has been appointed at the time suit is filed. In case death results from injury to the employee, the employer shall be liable unless it make it appear that it, its agents and employees have exercised all ordinary and reasonable care and diligence, the pre sumption being in all cases against the employer. If death don't result from the injury, the presumptions of negligence shall be and remain as now provided by law in case of injury received by ar employee in the service of a railroad company.

Negligence of employees:

Defects in equipment, etc.

Proviso.

Burden of

proof.

SEC. 2. In all actions hereafter brought against any such common Contributory carrier by railroad, under or by virtue of any of the provisions of negligence not a bar, when. this act to recover damages for personal injuries to an employee, or where such injuries have resulted in death, the fact that the employee may have been guilty of contributory negligence, not amounting to a failure to exercise ordinary care, shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Provided, That no such employee who may be injured or killed, shall be held to have been guilty of contributory negligence, in any case where the violation by such common carrier of any statute enacted for the safety of employees, contributed to the injury or death of such employee.

Assumption

SEC. 3. In any action brought against any common carrier under and by virtue of any of the provisions of this act to recover dam- of risks. ages for injuries to, or the death of any of its employees, such employees shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of the employees contributed to the injury or death of such employee.

Contracts

SEC. 4. Any contract, rule, regulation or device whatsoever, the purpose or intent of which shall be to enable any common carrier waiving rights, to exempt itself from any liability created by this act, shall, to that extent, be void: Provided, That in any action brought against any such common carrier, under or by virtue of any of the provisions of this act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief, benefit or indemnity that may have been paid to the injured employee, or, in the event of death, to the person or person entitled thereto on account of the injury or death for which said action is brought.

SEC. 5. No action shall be maintained under this act unless commenced within two years from the day the cause of action occurred.

Limitation.

SEC. 6. The term "common carrier" as used in this act shall Definition. include the receiver or receivers or other person or corporation charged with the duty of the management and operation of the business of a common carrier.

Approved August 16, 1909.

HAWAII.

ACTS OF 1909.

ACT NO. 32.-Employment of aliens on public works.

Employment SECTION 1. All officers, deputies, clerks, assistants, interpreters, of aliens pro- police, laborers and other persons employed in the service of the hibited. government of the Territory of Hawaii, or in the service of any county or municipal subdivision of said Territory shall be citizens or eligible to become citizens of the United States of America; except that in cases where it is not reasonably practicable to obtain citizens competent for such service, persons other than citizens may be employed.

Violations.

Eight hours a day's work.

Application of law.

SEC. 2. Any public official who shall violate any provisions of this act shall be liable upon conviction to a penalty of not less than ten dollars nor more than one hundred dollars, discretionary with the court.

Approved this 22nd day of March, A. D. 1909.

IDAHO.

ACTS OF 1909.

Hours of labor of employees in mines, smelters, etc.

(Page 4.)

SECTION 1. Section 1646 [1464] of the Revised Codes of the State of Idaho is hereby amended to read as follows:

Section 1464. The period of employment of workingmen in smelters, ore reduction works, stamp mills, concentrators and other places where metalliferous ores are being treated, refined and reduced for the purpose of obtaining the metals thereof, shall be eight (8) hours per day except in cases of emergency where life or property is in imminent danger. Approved on the 11th day of February, 1909.

Liability of employers for injuries to employees.

(Page 34.)

SECTION 1. Every employer of labor in or about a railroad, street railway, factory, workshop, warehouse, mine, quarry, engineering work, and any building which is being constructed, repaired, altered, or improved, by the use and means of a scaffold, temporary staging, or ladders, or is being demolished, or on which machinery driven by steam, water or other mechanical power is being used for the purpose of construction, repair or demolition thereof, shall be liable to his employee or servant for a personal injury received by such servant or employee in the service or Injury business of the master or employer within this State when such caused byemployee or servant was at the time of the injury in the exercise of due care and diligence in the following cases:

Defects;

ent.

(1) When the injury was caused by reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works or machinery were in proper condition.

Negligence (2) When the injury was caused by reason of the negligence of superintend- of any person in the service of the employer entrusted with and exercising superintendence whose sole or principal duty is that of superintendence, or in the absence of such superintendent, of any person acting as superintendent with the authority and consent of such employer.

etc.

Acts in obe

(3) When such injury was caused by reason of the act or dience to rules, omission of any person in the service or employment of the master or employer, done or made in obedience to the rules and regulations or by-laws of the master or employer, or in obedience to particular instructions given by any person delegated with the authority of the master or employer so to instruct.

(4) When such injury was caused by the negligence of any Negligence person in the service or employment of the master or employer of persons in charge of sigwho has charge of any signal or telegraph office directing the nal movement of any locomotive engine, train or car upon a railroad, graph office. or any part thereof, at the time such person was injured.

ог tele

(5) [In] any action brought against any employer or master Assumption under or by virtue of any of the provisions of this act to recover of risks. damages for injuries to or death of any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where a violation by such employer or master of any statute enacted for the safety of employees contributed to the injury or death of such employee.

What risks

Knowledge of defects.

(6) An employee, by entering upon or continuing in the service of the employer, shall be presumed to have assented to the neces- assumed. sary risks of the occupation or employment, and no others. The necessary risks of the occupation or employment shall, in all cases arising after this act takes effect, be considered as including those risks, and those only, inherent in the nature of the business, which remain after the employer has exercised due care in providing for the safety of his employees, and has complied with the laws affecting or regulating such business or occupation for the greater safety of such employees: Provided, That the master or employer shall not be liable under any of the provisions of this section if the servant or employee knew of the defect or negligence causing the injury, or by the exercise of reasonable care could have known of the defect or negligence causing the injury and failed within a reasonable time to give notice thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer who had entrusted to him some general superintendence, unless the master or such superior already knew of such defect or negligence: Provided, also, That the master or employer shall not be liable Negligence under any of the provisions of this section where the injury to of fellow-servthe employee was caused by the incompetency of a coemployee, and such incompetency was known to the employee injured, and the employee injured failed within a reasonable time to give notice thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer who had entrusted to him some general superintendence, unless the master or employer or such superior already knew of such incompetency of such coemployee, and such master or employer failed or refused to discharge such incompetent employee or failed or refused to investigate the alleged incompetency of the coemployee and discharge him if found incompetent.

SEC. 2. In the case of injury to an employee who is a minor, then the father, or in case of his death or the desertion of his family, the mother may maintain an action for injuries received for which the master is liable under the provisions of this act, unless the said minor be married, in which case the said minor may maintain an action in his own name for the said injuries, and a guardian may under like circumstances maintain an action for the injury of his ward, and in the event the said minor be not married and have no father or mother dependent upon him, the said action may be maintained by a guardian to be appointed by the court for the benefit of the said minor. In case the said injuries result in the death of the said minor and the said minor be married, then the action may be maintained by the widow and guardian of the said minor's children, if any there be, and if the said minor be unmarried, then the father or in case of his death or desertion of his family, the mother may maintain an action for the death of said minor child resulting under such

ant.

Injuries to minors.

Injuries causing death.

Damages.

Notice.

circumstances; and if neither father nor mother survive the said minor, the action may be brought by the next of kin who at the time of his death were dependent upon his wages for support, or by the personal representatives of the minor for the benefit of such next of kin who at the time of the death of the said minor were dependent upon his wages for support.

SEC. 3. In case the employee be not a minor and the injuries result in his death, then an action may be maintained by the widow of the deceased, or if he leaves no widow, his next of kin who at the time of his death were dependent upon his wages for support, or by his personal representatives for the benefit of his heirs or next of kin for damages against the employer under the circumstances mentioned in this act.

SEC. 4. The amount of damages to be recovered in case of death shall not exceed the sum of five thousand dollars ($5,000). The damages recovered on account of death shall not be subject to the debts of the deceased.

SEC. 5. No action for the recovery of compensation for injuries or death under this act shall be maintained unless notice of the time, place and cause of the injury is given to the employer within one hundred and fifty (150) days, and the action is comLimitation. menced within one (1) year after the occurrence of the accident causing the injury or death. The notice required by this section shall be in writing, and shall be signed by the person injured or by some one in his behalf, but if from physical or mental incapacity it is impossible for the person injured to give notice within the time provided in this section, he may give the same within ten (10) days after such incapacity is removed. In case of his death without having given such notice, his executor or administrator or widow or next of kin may give such notice within sixty (60) days after such death, but no notice under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury, if it be shown that there was no intention to mislead and the party entitled to notice was not in fact misled thereby. The notice required by this section shall be served in the same manner as required of the service of summons in civil actions.

Application of law.

Protection against fire.

Fire doors.

Approved March 6th, 1909.

Mine regulations.

(Page 266.)

SECTION 1. The rules, regulations and methods prescribed in sections 2-29 of this act, which [sic] shall be observed and followed by each and every person, employee, firm or corporation operating mines within the State of Idaho.

SEC. 2. Shafts or tunnels, which at the present time, are covered with frame buildings, such as shaft houses, blacksmith shops, machine shops or engine rooms, shall be provided with fire protection. In all cases, dry hand-grenade fire extinguishers shall be available at convenient points around the buildings, and water protection under sufficient natural pressure, with at least one hydrant, with hose and nozzel [nozzle] attachment, located outside of the building, shall be provided wherever water is available.

SEC. 3. Every working adit or crosscut tunnel entrance, where wooden buildings exist, at or near the portal of same, shall be provided with a fire door not less than fifty (50) feet in from the earth portal of the tunnel. This door shall be hung and so adjusted that, upon being released, it will close of its own accord, either by its own weight, when hung from the top of the tunnel, or by means of suspended weights, when hung from the side. The door shall be held open by a rope passing over a pulley, terminating outside of any of the buildings at the mouth of the tunnel, and shall be so fitted that, when closed, it will cut off the circula

tion of air as completely as possible. Where electric haulage is used in said adit or crosscut tunnel, a door consisting of two doors hung from the sides and closing tightly can be ased.

If there be no other exit, which can be reached from the underground workings connected with such entrance tunnel, then such entrance tunnel shall further be provided with a short raise and ladder way to the surface immediately inside of the fire door.

SEC. 4. All mines employing, underground, more than fifteen men, and where the vein has been driven on and stoping commenced, shall be provided with more than one exit, and where there is no such escapement raise or exit, work on such an outlet shall be commenced immediately, and be diligently carried on until completed.

SEC. 5. Shafts sunk to a greater depth than one hundred feet must have two or more compartments, one compartment to be used for a manway, and to be fitted with a good, substantial ladder way, provided with platforms or crosspieces at intervals of not to exceed twenty feet, and where practicable, the ladders should be in lengths of not to exceed twenty feet, and inclined at a convenient angle.

SEC. 6. Where wooden buildings exist, at or near the collar of a shaft, and when there is no other exit which may be reached from this shaft, through underground workings, then the manway compartment of the shaft must be partitioned off from the other compartments, and provided with a trapdoor, over the manway compartment, at the surface, which must be kept closed or so arranged that it can be closed from a point outside of the building by the releasing of a rope, and said manway compartment shall in addition be connected with the surface by a short drift or raise starting at a point not less than twenty-five feet below the collar of the shaft and terminating outside of the building.

Buildings at

SEC. 7. The construction of new buildings, for mechanical plant, entrances. timber sheds, blacksmith shop or for any other purpose, over or at the entrance to a mine, shall be prohibited, excepting in high, snowy countries where a shed may be permitted between the buildings and the entrance to the mine, which can be rapidly destroyed in case of fire, but all frame buildings shall be placed at a distance of not less than twenty-five fet [feet] from the entrance.

SEC. 8. The collar of all shafts shall be fixed and protected, so that persons and foreign objects can not fall into the shafts, and all openings in mines such as chutes, winzes, timber slides and mill holes, when not in use for any considerable length of time, shall be protected by a plank or guard rail, and all abandoned or unused surface shafts or raises to the surface shall be securely fenced off or covered.

Openings to be guarded.

Mine cages,

SEC. 9. It shall be unlawful for any person to sink or operate a vertical or steeply inclined shaft to a greater depth than 250 feet etc. without having the same equipped with a mine cage, skip or bucket fitted with safety clutches.

Where a bucket is used, the same must be attached to a fixed safety crosshead by two chains or cables. Loose-heads for shaft buckets are strictly prohibited.

Where a cage or skip is used, it must be provided with a bonnet in addition to safety clutches. The bonnet must be made of boiler sheet iron of at least inch thickness, and must cover the top of the cage in such manner as to afford the greatest protection to life and limb from any falling objects.

Where a cage and skip are used together, in the same compartment of the shaft, the bonnet may be dispensed with, if the skip is placed above the cage: Provided, This act does not apply to skips, cages or buckets used solely to hoist or lower materials.

Safety ap

SEC. 10. All gallows frames shall be equipped with automatic chairs placed in such a position as to catch the cage or skip, and pliances. prevent its falling, in case of overwinding and consequent breaking of the cable.