Full crew required

onment in the county jail for not less than 30 days nor more than 90 days and each day after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate such conditions as ordered by the state food commissioner shall constitute a distinct and separate offense.

Approved April 3, 1909.

CHAPTER 98.-Railroads-Crews for trains.

SECTION 1. It shall be unlawful for any railroad company doing business in the State of Nebraska, to operate or run over its road or any part thereof, or suffer or permit to be run over its road or On passenger, any part thereof, outside of the yard limits, any passenger, mail or etc., trains; express train carrying passengers, whose regular equipment consists of more than five cars, with a crew, consisting of less than one engineer, one fireman, one conductor, one brakeman and one flagman: And further provided, That passenger trains whose regular equipment consists of five cars or less, may be operated with a crew consisting of one engineer, one fireman, one conductor and one brakeman or flagman.

On freight trains.

Exceptions.

Violations.

Enforcement.

Threatening

ness.

SEC. 2. It shall be unlawful for any railroad company doing business in the State of Nebraska, to operate or run over its road, or any part thereof to to [sic] suffer or permit to be operated or run over its road, or any part thereof, outside of yard limits any freight train which is not manned with a crew consisting of one engineer, one fireman, one conductor and two brakemen: Provided, That main line local freight trains running one hudred miles or more and carrying passengers, local merchandise and doing station switching shall be provided with a crew consisting of one conductor, one engineer, one fireman and three brakemen.

SEC. 3. Nothing in this act shall be held as applying to any case of disaster or disability of any member or members of the crew, arising while out on the road between division terminals, or to relief trains, or to wrecking trains, where men are not available. SEC. 4. The officers or agents of any railroad company doing business in the State of Nebraska who shall send out on its road, or cause or suffer or permit to be sent out on its road or any part thereof, outside of the yard limits, any passenger or freight train which is not manned in accordance with the provisions of sections one, two and three of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), for each offense, and shall stand committed until such fine and costs are paid, and any railroad company in the State of Nebraska whose officer or officers, agent or agents or any servant or servants, shall be found guilty of such misdemeanor, shall be liable for any damages caused by the violation of the provisions of this act.

SEC. 5. It shall be the duty of the railroad commissioners of the State of Nebraska to enforce the provisions of this act, and all powers heretofore granted to said commission are hereby extended to it, for the purpose of the enforcement of this act. Approved March 31st, 1909.

CHAPTER 164.-Protection of employees as voters.

SECTION 1. It shall be unlawful for any person or persons, firm, discharge or close of busi company or corporation employing any voter in the State of Nebraska to coerce or in any way attempt to cocerce [coerce] such voter in his voting or any other political action at any primary, caucus, convention or election held or to be held in this State or to attempt to influence the political action of such voter by threatening to discharge him because of his political action or by threats on the part of such person or persons, firm, company or corporation to close his or its place of business in the event of the election of any candidate for public office or in the event of the success of any political party at any election.

SEC. 2. Any person or persons, firm, company or corporation in this State found guilty of a violation of this act shall be fined not more than one hundred dollars ($100) or be imprisoned not to exceed thirty days in the county jail.

Approved March 29th, 1909.

NEVADA.

ACTS OF 1909.

CHAPTER 25.-Employment of labor-Charging or recciving fees.

Violations.

fees.

SECTION 1. It shall be unlawful for any person or persons, firm, Employers company, association or corporation, either as principal or agent, not to charge to charge, or receive, or demand, or attempt to charge, or receive or demand, any money or other thing of value, from any person or persons whosoever, upon the promise of hiring or retaining such person or persons in any employment whatsoever, or by threatening to discharge such person or persons from any such employment, whether or not such person or persons, firm, company, association or corporation, either as principal or agent, may have the right or authority to employ, or retain, or discharge such person or persons, in, or from any such employment whatsoever. SEC. 2. Any person or persons convicted of the violation of any of the provisions of the above act [section] shall be punished by imprisonment in the state prison for a term of not less than one year nor more than three years.

Violations.

SEC. 3. This act shall not apply to any duly and regularly li- Exemption. censed intelligence office for the employment of persons.

Approved February 18, 1909.

CHAPTER 44.-Hours of labor of employees in plaster and cement

mills.

Eight hours

SECTION 1. The period of employment of all persons engaged or employed in any mill or other institution wherein plaster a day's labor. or cement is manufactured shall not exceed eight hours in any twenty-four hours except in cases of emergency where life is in imminent danger, or the product of such mill or institution liable to loss or damage by delay in treatment.

SEC. 2. Any person who violates any provision of this act, or any person, persons, corporation, employer or agent who hires, contracts with or causes any person to be engaged or employed in any mill or other institution where plaster or cement is manufactured, for a period of time longer than eight hours in any twenty-four hours except in cases where life is in imminent danger or the product of such mill or institution liable to loss or damage by delay in treatment, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Approved March 3, 1909.

CHAPTER 64.-Hours of labor of employees in open-pit and open

cut mines.

Violations.

SECTION 1. The period of employment of working men in open- Eight hours pit and open-cut mines shall not exceed eight (8) hours in any a day's labor. twenty-four (24) hours, except in cases of emergency where life or property is in imminent danger.

SEC. 2. Any person who violates any provisions of section one of this act, or any person, persons, corporation, employer, or his agent, who hires, contracts with, or causes any person to labor in any open-pit or open-cut mines, for a period of time longer than eight (8) hours within any twenty-four (24) hours, except

Violations.

Full crew required.

Crew.

Experienced

flagman.

Violations.

School attend

in cases of emergency where life or property is in imminent danger, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

Approved March 5, 1909.

CHAPTER 74.-Railroad trains-Crews.

SECTION 1. It shall be unlawful for any person, firm, company or corporation, engaged in the business of common carrier, operating freight and passenger trains or either of them, within or through the State of Nevada, to run or operate, or permit or cause to be run or operated, within or through this State, along or over its road or tracks other than along or over the roads or tracks within yard limits, any freight or passenger train of more than fifty freight, passenger or other cars, exclusive of caboose and engine, with less than a full train crew consisting of not less than six persons, to wit: One conductor, one engineer, one fireman, two brakeman [brakemen], and one flagman.

SEC. 2. The flagman mentioned in section 1 of this act shall have had at least one year's actual experience in train service.

SEC. 4. Any person, firm, company, or corporation, engaged in the business of common carrier, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars.

Approved March 8, 1909.

CHAPTER 130.-Employment of children-School attendance.

SECTION 1. Each parent, guardian, or other person, in the State ance required. of Nevada, having control or charge of any child between the ages of eight and sixteen years shall be required to send such child to a public school during the time in which a public school shall be in session in the school district in which said child resides; but such attendance shall be excused:

May be excused, when.

sent.

(1) When satisfactory evidence is presented to the board of trustees of the school district in which such child resides, that the child's bodily or mental condition is such as to prevent or render inadvisable attendance at school, or application to study. A certificate from any reputable physician that the child is not able to attend school, or that its attendance is inadvisable, must be taken as satisfactory evidence by any such board;

(2) When the child has already completed the eight grades of the prescribed grammar-school course;

(3) When satisfactory evidence is presented to the board of trustees that the child is being taught in a private school, or by a private tutor, or at home, by any person capable of teaching in such branches as are usually taught in the primary and grammar schools of this State;

(4) When satisfactory evidence is presented to the board of trustees that the child's labor is necessary for its own or its parent's support;

(5) When the district superintendent shall determine that the child's residence is located at such distance from the public school as to render attendance impracticable or unsafe.

Employing SEC. 7. Any person who induces or attempts to induce any child children un- to be absent unlawfully from school, or who knowingly employs or lawfully abharbors while school is in session any child absent unlawfully from school, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than fifty dollars or by imprisonment of not more than twenty-five days, or by both such fine and imprisonment. The attendance officer or any other school officer is hereby empowered to visit any place or establish

ment where minor children are employed to ascertain whether the provisions of this law are duly complied with, and may demand from all employers of such children a list of children employed, with their names and ages.

Approved March 20, 1909.

CHAPTER 176.-Inspector of coal mines.

SECTION 1. The office of "inspector of mines" for the State of Nevada is hereby created.

Office created.

etc.

SEC. 2. The inspector of mines shall receive as full compensation Compensafor his services a salary of thirty-six hundred dollars ($3,600) tion, duties, per annum and his necessary traveling expenses when traveling in the discharge of his official duties, not to exceed eighteen hundred ($1,800) dollars per annum, and all necessary expenses for clerk hire, postage, stationery, printing and other office expenses, not to exceed twelve hundred ($1,200) dollars per annum; and such compensation and expenses shall be paid as the salary and expenses of other state officers are paid. He shall hold his office for the term of two years, or until his successor is selected and qualified. Before entering upon the discharge of his duties, as such inspector of mines, he shall file an official bond in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of the duties of his office, in form and manner as other official bonds of state officers.

To have no

SEC. 3. The inspector of mines shall not at the time of his appointment, or at any time during the term of his office, be an other business. officer, director or employee in or of any mining corporation in this State, or in or of any milling corporation in the State engaged in the business of smelting or reducing ores, and each inspector and deputies shall, and each of them, have had at least seven years' actual experience in underground workings, and shall make his affidavit before a proper officer to that effect before he shall be qualified to act as such inspector, or deputy inspector, as herein provided. And such inspector shall devote his whole time to the duties of his office, and shall take and subscribe to the following oath:

State of Nevada, County of —, 83.

I, ——————————, of County, do solemnly swear that I will per- Oath. form each and every duty required of me as inspector of mines for the State of Nevada; that I will at all times while acting in my official capacity fulfill the duties of such office according to the law and to the best of my skill and understanding; that I will never at any time while holding the office of inspector of mines disclose to anyone, directly or indirectly, under any circumstances any information relative to ore bodies, shoots or deposits of ore or the location, course or character of underground workings, or give my opinion founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same. To all of which I pledge my sacred honor. So help me God.

Nothing in said oath, however, shall be construed to prevent such mining inspector from making full and complete statistical reports as required by law.

SEC. 4. It shall be the duty of the inspector of mines at least Inspections. once a year, to visit in person each mining county in the State of Nevada and examine all such mines therein as, in his judgment, may require the examination for the purpose of determining the condition of such mines as to safety, and to collect information and statistics relative to mines and mining and the mineral resources of the State, and to collect, arrange and classify mineral and geological specimens found in this State and to forward the same to the State school of mines, and it shall be the duty of the inspector of mines to establish a uniform code of signals.

May enter mines.

fects.

SEC. 5. Said state inspector shall have full power and authority at all hours, to enter and examine any and all mines in this State, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager or other person in charge of such mine or mines shall render the inspector such assistance as may be required by the inspector to enable him to make a full, thorough and complete examination of each and every part of such mine or mines; and whenever, as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise), the inspector shall find the same to be in an unsafe condition, he shall Notice of de- at once serve, or cause to be served, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in detail in what particular or particulars the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements stated in such notice so served, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be deemed guilty of a misdemeanor, and is punishable by a fine of not more than five hundred dollars; and each day's continuance of such neglect or refusal shall be a separate offense; and in case of any criminal or civil proceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained by any employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the inspector's requirements, a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified.

Records.

SEC. 6. The inspector of mines shall be provided with a properly furnished office at the statehouse in Carson City, Nevada, in which he shall carefully keep a complete record of all mines examined, showing the date of examination, the conditions in which the mines were found, the manner and method of working, the extent to which the laws are obeyed, and what recommendations, if any, were ordered by the inspector. It is hereby made the duty of the owner, lessor, lessee, agent, manager or other person in charge of each and every mine, of whatever kind or character, within the State, to forward to the inspector of mines, at his office, not later Reports of than the first day of June in each year, a detailed report showing the character of the mine, the number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year, the method of working such mine and the general condition thereof, and such owner, lessor, lessee, agent, manager or other person in charge of any mine within the State must furnish whatever information relative to such mine as the inspector of mines may from time to time require for his guidance in the proper discharge of his official duties.

operators.

Complaints.

SEC. 7. Whenever the inspector of mines shall receive a formal complaint in writing, signed by one or more persons, setting forth that the mine in which he is employed is dangerous in any respect, he shall, in person, visit and examine such mine: Provided, Every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine, and shall describe with as much certainty as possible the conditions rendering such mine dangerous, and shall set forth the time when such danger was first observed, and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants or any one else to their knowledge to the superintendent or other person in charge of such mine, and if no such complaint has been made to such superintendent or other person in charge, the reason why it has not been made.