(3) In all actions hereafter brought against such railroad company under or by virtue of any of the provisions of this section to recover damages for personal injuries to any employe, or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be dimin shed by the jury in proportion to the amount of negligence attributable to such employe. Provided, that no such employe who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such railroad company of any statutes enacted for the safety of employes contributed to the injury or death of such employe.

Provided further, that in any action brought against any common carrier under or by virtue of any of the provisions of this act to recover damages for injuries to, or death of, any of its employes such employe shall not be held to have assumed the risk of his employment in any case where the violation by such common carrier of any statutes enacted for the safety of employes contributed to the injury or death of such employe.

(4) Any contract, rule, regulation or device whatsoever the purpose or intent of which shall be to enable any railroad company to exempt itself from any liability created by this section shall to that extent be void:

Provided that in any action brought against any such railroad company under or by virtue of any of the provisions of this section such railroad company 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 employe or the person entitled thereto on account of the injury or death for which said action was brought.

(5) In all cases under this section the question of negligence and contributory negligence shall be for the jury.

(6) No contract or receipt between any employe and a railroad company, no rule or regulation promulgated or adopted by such company, and no contract, rule or regulation in regard to any notice to be given by such employe shall exempt such corporation from the full liability imposed by this section.

(7) The phrase "railroad company", as used in this section, shall be taken to embrace any company. association, corporation or person managing, maintaining, operating, or in possession of a railroad in whole or in part within this state whether as owner, contractor. lessee, mortgagee, trustee, assignee or receiver.

(8) In any action brought in the courts of this state by a resident thereof, or the representative of a deceased resident, to recover damages in accordance with this section, where the employe of any railroad company owning or operating a railroad extending into or through this state and into or through any other state or states shall have received his injuries in any other state where such railroad is owned or operated, and the contract of employment shall have been made in this state, it shall not be competent for such railroad company to plead or prove the decisions or statutes of the state where such person shall have been injured as a defense to the action brought in this state.

(9) The provisions of this section shall not apply to employes working in shops or offices. An employe of a railroad corporation who is injured by or because of the existence of any bridge, viaduct or other obstruction over, above or across any of the tracks of said railroad at a height less than that provided in sections 1809e to 1809i, inclusive, which has not been protected by the erection of telltales, as provided in sections 1809e to 1809i, inclu

sive, shall not be considered to have assumed the risk of such injury, although he continues in the employ of such corporation after the existence of such unguarded bridge, viaduct or other obstruction has been brought to his knowledge.

RECORDS AND REPORTS OF INDUSTRIAL ACCIDENTS.'1

Employer's Record. Section 2394-35. Every employer of three or more persons shall keep a record of all accidents causing death or disability of any employe, which record shall show such facts in regard to the accident and the person disabled as the industrial board may require; said record to be kept in a book in such form as the industrial accident board may prescribe.

Insurer's Record. Section 2394-36. Every casualty insurance company, mutual corporation, benefit society, or other person which indemnifies any employer against liability for or on account of any injury of an employe, shall keep a record of all accidents causing death or disability of any such employe, which record shall show such facts in regard to the accident and the person disabled as the industrial accident board may require; said record to be kept in a book in such form as the industrial accident board may prescribe.

Monthly Reports. Section 2394-37. Within the first five days of each and every month and at such other times as may be required by the industrial accident board, every employer of four or more persons and every casualty insurance company, mutual corporation, benefit society, or other person which indemnifies any employer against liability for or on account of injury to an employe, shall furnish a report to the industrial accident board, which shall contain a copy of every entry made in said record book during the preceding month, and such other facts in regard to the employes as may from time to time be required by said industrial accident board.

Record Open to Board but not Admissible as Evidence. Section 2394-38. Such record book shall be open at all times to the industrial accident board or any member thereof, or any examiner appointed thereby. Any statement contained in any such record or report shall not be admissible as evidence in any action arising out of the death or accident reported.

Books and Blanks Furnished by State. Section 2394-39. Every employer and every casualty insurance company, mutual corporation, benefit society, or other person which indemnifies any employer against liability for or on account of any injury of an employe, shall upon request, be furnished by the industrial accident board with a book in which such record may be kept, and blanks for making the reports herein before specified.

Penalty. Section 2394-40. Any person, casualty insurance company mutual corporation, or benefit society that violates any of the provisions of sections 2394-35 to 2394-40, inclusive, or neglects or fails to furnish reports required to be furnished under said sections. shall forfeit the sum of fifty dollars for each such violation or neglect or failure to furnish such report.

1 Upon this subject see also section 2394-29 (page 248) and Rule of Practice 2 (page 249).

IV. APPRENTICESHIP

Section 2377.

APPRENTICESHIP LAW

1. The term "apprentice" shall mean any minor, 16 years of age or over, who shall enter into any contract of service, express or implied, whereby he is to receive from or through his employer, in consideration for his services in whole or in part, instruction in any trade, craft or business.

2. Every contract or agreement entered into by an apprentice with his employer shall be known as an indenture; such indenture shall be in writing and shall be executed in triplicate, one copy of which shall be delivered to the apprentice, one to be retained by the employer and one to be filed with the Industrial Commission of Wisconsin at Madison.

3. Any minor, 16 years of age or over, may, by the execution of an indenture, bind himself as here.nafter provided for a term of service not less than one year.

4. Every indenture shall be signed: .

(1) By the minor.

(2) By the father; and if the father be dead or legally incapable of giving consent or has abandoned his family, then

(3) By the mother; and if both the father and mother be

dead or legally incapable of giving consent, then

(4) By the guardian of the minor, if any.

(5) If there be no parent or guardian with authority to sign, then by two justices of the peace of the county of the residence of the minor, or by a member of the Industrial Commission of Wisconsin or a deputy thereof.

(6) By the employer.

5. Every indenture shall contain:

(1) The names of the parties.

(2) The date of birth of the minor.

(3) A statement of the trade, craft or business which the minor is to be taught, and the time at which the apprenticeship shall begin and end.

(4) An agreement stating the number of hours to be spent in work, and the number of hours to be spent in instruction. During the first two years of his apprenticeship, his period of instruction shall be not less than five per week or the equivalent and his total number of hours of instruction and service shall not exceed fifty-five per week; provided that nothing in this paragraph shall be construed to forbid overtime work as provided in subsection 7 of section 2377 of the statutes.

(5) An agreement as to the processes, methods or plans to be taught, and the approximate time to be spent at each process. method or plan.

(6) A statement of the compensation to be paid the appren

tice. (7) An agreement that a certificate shall be given the apprentice at the conclusion of his indenture, stating the terms of indenture.

6. The employer shall pay for the time the apprentice is receiving instruction, at the same rate per hour as for services. Attenddance at school shall be certified by the teacher in charge, and failure to attend school shall subject the apprentice to a penalty of loss of compensation for three hours for every hour such apprentice shall be absent without good cause.

7. An apprentice over 18 years of age may be allowed to work overtime not to exceed thirty hours in any one month. Overtime shall be considered all time over ten hours in any one day, and in case the hours of labor are limited in the particular craft. industry or business, and as to the particular employer, to less than ten hours, overtime shall be figured as all time in any one day in excess of such limitation. For overtime the apprentice shall receive one and one-half times the rate per hour provided in his contract for regular time.

8. If either party to an indenture shall fail to perform any of the stipulations thereof, he shall forfeit not less than one dollar nor more than one hundred dollars, such forfeiture to be collectea on complaint of the Industrial Commission of Wisconsin, and paid into the state treasury. Any indenture may be annulled by the Industrial Commission of Wisconsin upon application of either party and good cause shown.

9. It shall be the duty of the Industrial Commission of Wisconsin, and it shall have power, jurisdiction and authority to investigate, ascertain, determine and fix such reasonable classifications and to issue rules and regulations, and general or special orders as shall be necessary to carry out the intent and purposes of section 2377 of the statutes. Such investigations, classifications and orders, and any action, proceeding or suit to set aside, vacate or amend any such order of sa'd commission, or to enjoin the enforcement thereof, shall be made pursuant to the proceeding in sections 2394-41 to 2394-70, inclusive, of the statutes, which are hereby made a part hereof, so far as not inconsistent with the provisions of section 2377 of the statutes; and every order of the said Industrial Commission of Wisconsin shall have the same force and effect as the orders issued pursuant to said sections 2394-42 to 2394-70, inclusive, of the statutes, and the penalties therein shall apply to and be imposed for any violations of section 2377 of the statutes, excepting as to the penalties provided in subsection 8 of section 2377.

10. It shall be the duty of all school officers and public school teachers to cooperate with the industrial Commission of Wisconsin and employers of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, such instruction as may be required to be given apprentices.

11. The provisions of section 2377 shall not be construed as invalidating any contract of apprenticeship entered into before July, 1915.

Minors Likely to Become Public Charges May be Indentured. Section 1511. When any minor shall become or be likely to become chargeable to any town, either because of being an orphan or because parents or other relations are unable or refuse to support

such minor, the supervisors of such town shall bind such minor as an apprentice to some respectable householder of the county by written indenture, which shall bind such minor to serve as an apprentice, and shall be executed in like manner and shall be of the same tenor and effect as indentures executed pursuant to chapter 110; and every minor so bound, and the supervisors binding him and his master shall be subject to all the provisions of said chapter.

APPRENTICESHIP RULES

Adopted by the Industrial Commission pursuant to subsection 9 of section 2377

1. Apprenticeship agreements made pursuant to Section 2377 of the Statutes shall be approved by the Industrial Commission of Wisconsin.

2. All apprenticeship contracts shall be made upon forms issued by the Industrial Commission of Wisconsin.

3. In all apprenticeship contracts of three years or over, unless otherwise stated in the agreement, the probationary period shall be three (3) months, and shall constitute part of the apprenticeship period. During the probationary period apprenticeship agreements are voidable by either party upon written notice to the Industrial Commission.

4. Diplomas shall be granted to all graduating apprentices, who, in the judgment of the commission, satisfactor ly complete their apprenticeship.

5. All apprenticeship contracts shall be filed with the Industrial Commission within thirty days following the commencement of the term of apprenticeship.

6. Minors between the ages of 16 and 17 years may be employed upon apprenticeship indentures in lieu of ch ld labor permits if executed on or prior to the first day of employment.

7. The employer shall immediately notify the Industrial Commission of the termination of any apprenticeship agreement stating the reasons for termination.

8. All trade agreements on apprenticeship shall, in order to conform to the apprenticeship law, be approved by the Industrial Commiss'on.

9. In trades where there are no uniform approved apprenticeship standards, the employer may execute a special agreement with the apprentice, subject to the approval of the Industrial Commission.

10. No minor can be legally apprenticed who is not placed under a written agreement pursuant to section 2377 of the statutes.