ten days after a demand in writing therefor, and shall thereafter furnish any other person or corporation any statement or communication in regard to such discharge unless at the request of the discharged employee.

6. Where any corporation, or receiver of same, doing business Refusing emin this State, or any officer or agent of such corporation or receiver ployment to shall discriminate against any person seeking employment on participants in account of his having participated in a strike.

strikes.

7. Where any corporation or receiver of the same, doing busi- Reporting ness in this State, or any officer or agent of such corporation, or participation in strikes. receiver, shall give any information or communication in regard to a person seeking employment having participated in any strike unless such person violated the law during his participation on [in] such strike, or in connection therewith, and unless such information is given in compliance with subdivision 1 of section 1 of this act.

Approved March 20, 1909.

CHAPTER 91.-Inspector of mines.

SECTION 1. Section 21 of chapter 178 of the laws of 1907, is hereby amended so as to read as follows:

Inspector to

Section 21. It shall be the duty of the state mining inspector to enforce the provisions of this act under the instructions of the enforce law. state mining board, and to make a report to said board at its semiannual meetings, and oftener if required. He shall receive for his services the sum of two thousand ($2000) dollars per year and actual traveling expenses incurred in the discharge of his duty: Provided, That his traveling expenses shall not in any one year exceed the sum of one thousand ($1000) dollars. Said mining inspector shall file an itemized statement, showing the actual amounts expended, and the number of times he inspected each mine or mines.

Acts to be

SEC. 2. It shall be the duty of the state mining inspector to enforce the provisions of this act, under the instruction of the impartial. state mining board, and to make report to said board at its semiannual meetings and oftener if required: Provided, That neither the instructions of said board nor the acts of said inspector shall ever discriminate in favor of or against any mine or mines, nor against any owner, operator, or employee of any mine or mines, but said acts, either of the board, or of the inspector, shall be impartial, fair and just to all persons or corporations, subject to this act.

Before receiving his appointment by the governor, the inspector Bond. of mines shall be required to enter into and deliver to the governor a good and sufficient bond in the sum of ten thousand ($10,000) dollars, with at least three good lawful and sufficient securities, for the faithful and impartial performance of his duty, and the sureties herein required, shall make affidavit before some officer authorized to administer oaths, that they, in their own right, over and above all exemption, are worth the full amount of the bond they sign as sureties, said bond to be approved by the governor provided he is satisfied as to its sufficiency, and said bond shall be conditioned that there shall be no discrimination in favor of or against any mine or mines, nor against any owner, operator or employee of any mine or mines: Provided further, If Liability for the fact may be shown that said inspector has discriminated discrimination. against and to the injury of any mine or mines, or against and to the injury of any owner, operator or employee, then the said owner, operator or employee may sue upon the bond herein provided for, and shall be entitled to recover such liquidated damages as may be proven and shown in such suit.

Approved March 20, 1909.

Passenger

trains.

Freight, etc., trains.

Light engines.

Violations.

Exemptions.

Rest of ten hours.

CHAPTER 100.-Railroads-Trains not to be run without sufficient

crews.

SECTION 1. It shall be unlawful for any railroad company or receiver of any railroad company doing business in the State of Texas to run over its road or part of its road outside of the yard limits, any passenger train with less than a full passenger crew consisting of four persons, one engineer, one fireman, one conductor and one brakeman.

SEC. 2. It shall be unlawful for any railroad company or receiver of any railroad company doing business in the State of Texas to run over its road or part of its road, outside the yard limits, any freight train, gravel train or construction train with less than a full crew consisting of five persons, one engineer, one fireman, one conductor and two brakemen.

SEC. 3. It shall be unlawful for any railroad company or receiver of any railroad company doing business in the State of Texas to run over its road, or part of its road, outside of the yard limits, any light engine without a full train crew, consisting of three persons, one engineer, one fireman and one conductor: Provided, That nothing in this act shall be construed as applying in the case of disability of one or more of any train crew while out on the road between division terminals, or to switching crews in charge of yard engines or which may be required to push trains out of yard limits.

SEC. 4. Any railroad company or any receiver of any railroad company doing business in the State of Texas which shall violate any of the provisions of this act shall be liable to the State of Texas for a penalty of not less than $100 or more than $1,000 for each offense; and such penalty shall be recovered and suit brought in the name of the State of Texas in a court of proper jurisdiction in Travis County, Texas, or in [any] county in or through which such line of railroad may run, by the attorney-general or under his direction, or by the county or district attorney in any county, or through which such line of railroad may be operated, and such suits shall be subject to the provisions of article 4577, Revised Statutes of the State of Texas.

SEC. 4a. The provisions of this act shall not apply to or include any railroad company or receiver or manager thereof, of any line of railroad in this State, less than twenty miles in length. Approved March 20, 1909.

CHAPTER 101.-Hours of labor of railroad employees.

SECTION 1. It shall be unlawful for any railroad company or receiver of any railroad company operating any line of railroad in whole or in part in this State, or any officer, or agent of such railroad company or receiver to require or permit any conductor, engineer, fireman or brakeman to be or remain on duty for a longer period than sixteen consecutive hours; and whenever any such conductor, engineer, fireman, or brakeman shall have been continuously on duty for sixteen hours, he shall be relieved and shall not be required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such conductor, engineer, fireman or brakeman who has been on duty sixteen hours in the aggregate in any twenty-four hour period shall be reEight hours quired or permitted to continue or again go on duty without having had at least eight consecutive hours off duty.

rest.

Violations.

SEC. 2. Any railroad company or receiver of any railroad operating a line of railroad in whole or in part in this State, or any officer or agent of such railroad or receiver who shall violate any of the provisions of this act shall be liable to a penalty of not to exceed $500 for each and every violation, and any such penalty shall be recovered and suit therefor shall be brought in the name of the State of Texas in any court having jurisdiction of the amount, in Travis County or in any county into or through which

said railroad may pass. Any suit or suits to recover a penalty or penalties for violating any of the provisions of this act may be brought either by the attorney-general or under his direction, or by the county attorney or district attorney of any county or judicial district into or through which said railroad may pass, and such attorney bringing any such suit or suits, shall be entitled to compensation of one-third of any penalty or penalties recovered therein. In all prosecutions under this act against any railroad company, or receiver of any railroad company, such company or receiver shall be deemed to have had knowledge of all acts of all of its officers and agents: Provided, That the provisions of this act shall not apply in any case of casualty or unavoidable accident, or the act of God; nor where the delay was the result of a cause not known to the carrier or its officer or agent in charge of any conductor, engineer, fireman or brakeman at the time such conductor, engineer, fireman or brakeman left a terminal, and which act could not have been foreseen: Provided further, That the provisions of this act shall not apply to crews of wrecking or relief trains.

Approved March 20, 1909.

ACTS OF 1909-FIRST EXTRA SESSION.

CHAPTER 10.-Liability of railroad companies for injuries to

employees.

Liability on

Negligence of

SECTION 1. Every corporation, receiver, or other person operating any railroad in this State, shall be liable in damages to any account of— person suffering injury while he is employed by such carrier operating such railroad; or in case of the death of such employee, to his or her personal representatives for the benefit of the surviving widow and children, or husband and children, and mother and father of the deceased, and if none, then of the next kin dependent upon such employee for such injury or death resulting in whole or in part from the negligence of any of the officers, officers or emagents or employees of such carrier; or by reason of any defect ployees; or insufficiency due to its negligence, in its cars, engines, appli- Defects in ances, machinery, track, roadbed, works, boats, wharves, or other ways and apequipment: Provided, The amount recovered shall not be liable pliances. Recovery exfor the debts of deceased and shall be divided among the persons empt. entitled to the benefit of the action, or such of them as shall be alive, in such shares as the jury, or court trying the case without a jury, shall deem proper: And provided, In case of the death of such employee the action may be brought without administration by all the parties entitled thereto, or by any one or more of them for the benefit of all, and if all parties be not before the court the action may proceed for the benefit of such of said parties as are before the court.

Comparative

SEC. 2. In all actions hereafter brought against any such common carrier by [or] railroad under or by virtue of any of the negligence. provisions of this act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence 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 violations 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. Any action brought against any common carrier under or by virtue of any of the provisions of this act to recover damages of risks. for injuries to, or the death of any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where the violation of such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.

waiver.

Contracts of SEC. 4. Any contract, rule, regulation or device whatsoever, the purpose or intent of which shall be to enable any common carrier 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 the person entitled thereto on account of the injury or death for which said action was brought.

Construction

of act.

SEC. 5. Nothing in this act shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under "The Assumed Risk Law," enacted by the twentyninth legislature and known as chapter 163, page 386, of the general laws of the twenty-ninth legislature [Acts of 1905], [or] any other act or acts of the legislature of this State, though in case of conflict this law shall prevail, or to affect the prosecution of any pending proceeding or right of action under the laws of this State. Approved April 13, 1909.

quired.

UTAH.

ACTS OF 1909.

CHAPTER 21.-Private employment offices.

License re- SECTION 1. It shall be unlawful for any person, persons, firm, corporation or association to open and establish in any city, town, or elsewhere within the limits of the State of Utah, any intelligence or employment office, for the purpose of procuring or obtaining for money or other valuable consideration, either directly or indirectly, any work, employment, or occupation for persons seeking the same, or to otherwise engage in the business, or in any way to act as a broker or go-between between employers and persons seeking work, without first having obtained a license so to do from the city, town, or, if not within any city or town, from the county where such intelligence or employment office is to be opened or such business is to be carried on. Any person, persons, firm, corporation or association performing any of the foregoing enumerated services as aforesaid, shall be deemed to be an employment agent within the meaning of this act.

SEC. 2. Every city, town, or county in this State shall, by ordinance, provide for the issuing of licenses as contemplated by this act, and shall establish such rules and regulations as are not herein provided for the carrying on of the business or occupation for which such license may be issued.

SEC. 3. Any person, persons, firm, corporation, or association applying for a license under the provisions of this act, shall make application to the city council, or board of trustees, or board of county commissioners for the same, and shall deposit with the city, town or county treasurer, in advance, the annual fee for such license, to be evidenced by the receipt of the city, town, or county treasurer endorsed on said application. If the city council, board of trustees, or board of county commissioners, refuses to order the issuance of such license to the party or parties applying for the same, the sum so deposited with the city, town or county treasurer shall be refunded to the applicant or applicants for license without any further action of the city council, board of trustees, or board of county commissioners.

SEC. 4. Any person, persons, firm, corporation, or association licensed under the provisions of this act shall pay an annual license fee in such amount as may be determined by the city council, board of trustees, or board of county commissioners, and before such license shall be issued shall deposit with the city, town or county treasurer a bond in the penal sum of $1,000, with two or more sureties, to be approved by the officers designated by ordinance; such bonds shall be made payable to the city, town or

county where such business is to be carried on, and shall be conditioned that the person, persons, firm, corporation or association applying for the license will comply with this act and shall pay all damages occasioned to any person by reason of any misstatement, or misrepresentation, or fraud, or deceit of any person or persons, their agents, or employees, or from any other violation of this act, in carrying on the business for which license is granted. If at any time, in the opinion of the officers designated by ordinance to approve said bond, as provided herein, the sureties, or any of them, shall become irresponsible, the person, firm, corporation, or association holding such license, shall, upon notice from the city or town treasurer, give a new bond, to be approved as hereinafter provided. Failure to give a new bond within ten days after such notice, shall operate as a revocation of such license, and the license shall be immediately returned to the city, town or county treasurer, who shall destroy the same. Licenses granted under this act may be transferred by order of the city council, board of trustees, or board of county commissioners, but before such transfer shall be authorized, the applicant or applicants for the same shall deposit with the city, town or county treasurer the sum of $5, which shall be endorsed upon the application, and the person, persons, firm, corporation, or association to whom such license is transferred shall also deposit such bond as is required by the applicant or applicants for an original license, as hereinbefore prescribed, and to be approved in the same manner. SEC. 5. Upon the granting of a license by the city council, board of trustees, or board of county commissioners, under this act, the issue. city, town or county treasurer shall, within one week after payment of the license fee, issue to the applicant or applicants entitled to the same, a certificate of license setting forth the fact that such license has been granted, and it shall be the duty of all persons, firms, corporations, or associations, who may obtain such certificate of license, to keep the same publicly exposed to view in a conspicuous place in their office or place of business. SEC. 6. Any employment agent who shall knowingly send out Sending feany female help to any place of bad repute, house of ill fame or males assignation house, or to any house or place of amusement kept for immoral purposes, shall be liable to pay a fine of not less than one hundred dollars ($100), and shall be imprisoned not less than ninety days and on conviction thereof, in any court, shall have his, its or their license rescinded.

Certificate to

to im

moral resorts.

Prior order

SEC. 7. Any employment agent who shall send out any help, male or female, without having previously obtained a bona fide required. order, shall, upon conviction thereof, for each and every offense be subject to the penalties provided in section 16 of this act.

when.

SEC. 8. It shall be unlawful for any employment agent in the Fees not to State of Utah to receive, directly or indirectly, any money or be accepted, other valuable consideration from any person seeking employment, for any information or assistance furnished or to be furnished by said agent to such person, enabling or tending to enable said person to secure such employment, prior to the time at which said information or assistance is actually thus furnished.

Fees to be re

SEC. 9. It shall be unlawful for an employment agent in the State of Utah to retain, directly or indirectly, any money or other turned, when. valuable consideration received for any information or assistance such as is described in section 1 hereof, if the person for whom such information or assistance is furnished fails, through no neglect or laches of his own, to secure the employment regarding which such information or assistance is furnished; and said money or consideration shall be by said agent forthwith returned to the payer of the same, upon demand therefor by the latter or his agent.

SEC. 10. It shall be unlawful for any employment agent in the Limit of fees. State of Utah to receive as commission, directly or indirectly, for information or assistance such as is described in section 1 of this act, any money or other consideration which is in value in excess of eight per cent of the amount earned, or prospectively to be 20092-No. 85-10-22