gible list the names of all applicants after they have remained thereon for more than one year and have failed to be appointed: Provided, however, That this section shall not apply to those whose names have been placed upon such eligible list by reason of their term of office expiring as hereinbefore provided. [G. S. 1915, § 1565, as amended by Laws of 1917, ch. 97, § 4; March 1.] § 124. Sex disregarded in making certification; exceptions. In making the certification herein required sex shall be disregarded except when some statute or the order of the board of commissioners specify sex. [G. S. 1915, § 1566.] § 125. When commission may make temporary appointments; how long in force. To prevent the stoppage of public business or to meet extraordinary exigencies the board of commissioners may make temporary appointments to remain in force not exceeding sixty days whenever there are no names upon the register to fill vacancies. [G. S. 1915, § 1567.] § 126. Removal of persons subject to civil-service examination; suspension; hearing before civil-service commission; attendance of witnesses, etc.; district court or judge to compel obedience to subpœna, etc.; commission revoke, modify or affirm order appealed from. All persons subject to civil-service examination may be removed from office or employment only upon charges preferred in writing for misconduct or failure to perform their duties: Provided, however, That pending the hearing of such charges the principal officer of any department or the city commissioner in charge of such department may suspend any such officer or employee of the city. All such charges shall be heard by the civil-service commission after a copy of the charges have been transmitted to the person against whom filed and due opportunity has been given him to defend. The civil-service commissioners shall have power to enforce the attendance of witnesses, the production of books and papers, and power to administer oaths in the same manner and with like effect and under the same penalties as in the case of notaries public. In case of disobedience on the part of any person or persons to comply with any subpoena, or to produce any books or papers in his custody, or on refusal of any witness to testify to any matter regarding which he may be lawfully interrogated before the commission, it shall be the duty of the district court of the county or judge thereof, on application of a civil-service commissioner, to compel obedience by attachment proceedings for contempt as in case of disobedience of the requirements of a suspœna issued from such court or refusal to testify therein. The civil-service commission shall, after hearing the evidence, either revoke, affirm or modify the order appealed from, and their action thereon shall be final. 1915, § 1568.] Officers removable only on charges preferred, etc. Jagger v. Green, 90 K. 159. [G. S. § 127. Reports of civil-service commission; rules and regulations for conduct of business; publication. The civil-service commission shall make an annual report to the board of commissioners and the board of commissioners may require special reports from the civil-service commission at any time. The civil-service commission may prescribe such rules and regulations for the proper conduct of the business of said commission as shall be found expedient and advisable. Such rules and regulations shall be published after their adoption and before going into effect once in the official city paper. [G. S. 1915, § 1569.] § 128. Officers and employees subject to examination and certification; term of office of employees and officers, etc.; reappointment when position abolished and recreated; officers in service of city prior to taking effect of act. All officers and employees of the city shall be subject to examination and certification in the manner herein required, except the following officers: City attorney, city clerk, city treasurer, city auditor, chief of police, judge of police court, mayor's secretary, assistant city attorney, chief of the fire department, city physician, city engineer, superintendent of streets, superintendent of public parks, purchasing agent and license inspector, superintendent of waterworks, superintendent of lights, and laborers whose occupation requires no special skill or fitness. All employees of the city subject to the examination herein required, shall be appointed for a term to continue until removed for cause or until the position to which he is appointed is abolished: Provided, however, That in the event that any position is abolished and recreated within a period of one year thereafter, the person filling such position at the time the position is abolished shall be reappointed to such position without an additional examination: Provided further, That the term of office for all officers subject to the examination herein required shall be for four years, and until his successor is appointed and qualified: Provided further, That every officer or employee subject to the provisions of this act, and who has been in the service of said city, as an officer or employee, for a period of one year immediately prior to the taking effect of this act, and who has heretofore passed the civil-service examination, shall be exempt from further examination and his tenure of office shall begin from the taking effect of this act. [G. S. 1915, § 1570.] Those appointing officers mentioned cannot remove such officers at pleasure. McLaughlin v. Green, 96 K. 641. § 129. Control of examinations, rules, etc.; what questions not to be asked. The civil-service commission shall control all examinations and provide uniform rules with respect thereto; no question in any examination shall relate to political or religious faith or party affiliations. [G. S. 1915, § 1571.] § 130. Examinations, how conducted; examiners, qualifications, compensation, etc. The civil-service commission may designate a suitable person or persons to conduct any examination: Provided, That if the person so selected is in the service of the city he shall be entitled to no additional compensation therefor. The compensation to be paid outside examiners shall be such as is fixed by the board of commissioners. The civil-service commission may themselves at any time conduct any examination without appointing examiners. The examiners at any examination shall not all be members of the same political party. [G. S. 1915, § 1572.] § 131. Salary of members of civil-service commission. The board of commissioners may, by ordinance, provide for the payment of a salary to any one or more of said civil-service commissioners. Said salary not to exceed $5.00 per meeting nor to aggregate more than $500.00 per year for each member. [G. S. 1915, § 1573.] § 132. Officers, assistants and clerks subordinate to civil-service commission may be created. The board of commissioners shall have the power to create such officers, assistants, and clerks, subordinate to the civil-service commission as they may deem necessary for the purpose of conducting the business of said commission. [G. S. 1915, § 1574.] § 133. When act to take effect; proviso relative to persons holding office or employment when act takes effect. This act shall be in full force and effect from and after June 1, 1913: Provided, however, That any person holding any office or employment in any city in which this act becomes operative which office or employment is subject to the provisions of this act, and who has heretofore taken the examination, and whose name has been certified to the city commission by the civil-service commission, except regular firemen who have been in continuous service for at least four years preceding, shall be entitled to hold said office or employment without examination and for the tenure herein fixed to the same extent as though his appointment was made after due examination and in regular course. [G. S. 1915, § 1575.] CHAPTER 11.-CONSTRUCTION, ETC., OF $134. Insufficient staging, scaffolding, stays, etc., used in construction, repairing or painting of any building, tower, tank, etc.; defective elevator, derrick, or hoist; complaint to state factory inspector; duty of inspector or deputy; no tice to contractor, etc.; duty of contractor, etc., to make necessary repairs, etc. $135. Penalty for failure to comply with preceding section and demands of state factory inspector, assistant, or deputy. LAWS OF 1905, CH. 527. AN ACT for the protection of workmen, laborers, mechanics and other persons employed in the construction, repairing or painting of any building, tower, tank, or other structures, and providing penalties for the violation thereof. § 134. Insufficient staging, scaffolding, stays, etc., used in construction, repairing or painting of any building, tower, tank, etc.; defective elevator, derrick, or hoist; complaint to state factory inspector; duty of inspector or deputy; notice to contractor, etc.; duty of contractor, etc., to make necessary repairs, etc. That whenever it shall come to the notice of any workman, laborer or mechanic employed in the construction, repairing or painting of any building, tower, tank, or other structure, or of any other person or persons, that the staging, scaffolding, stays or other appliances used for the purpose of supporting said workmen, laborers, or mechanics, their tools, and all necessary material, while at work on such building, tower, tank, or other structure, are not of sufficient strength to safely carry the weight of such workmen, laborers, or mechanics, their tools, and all necessary material, while working thereon, or if any elevator, derrick or hoist used for the purpose of raising or lowering workmen or material to be used in the aforesaid construction, repairing or painting are not of sufficient strength to do the work required of them, or are not surrounded by the proper safeguards, said workmen, laborers, mechanics or other person or persons may make complaint to the state factory inspector, who shall forthwith inspect, or cause to be inspected by his assistant or deputy, such insufficient staging, scaffolding, stays, elevators, derricks, hoists or other appliances used in the said construction, repairing, or painting, and if found upon inspection to be insufficient and unsafe, or not properly surrounded by safeguards, it shall be the duty of the said state factory inspector, his assistant or deputy, to then and there notify the contractor, owner, superintendent or person in charge of the construction, repairing or painting of said building, tower, tank or other structure, of the conditions of such staging, scaffolding, stays, elevators, derricks, hoists or other appliances used as aforesaid. It shall then become incumbent upon the said contractor, owner, superintendent or person having in charge the said construction, repairing, or painting, having been so notified, to immediately reconstruct, repair, strengthen, or cause to be reconstructed, repaired, or strengthened, such defective staging, scaffolding, stays, elevators, derricks, hoists, or other appliances, and put in place and maintained, ɔr cause to be put in place and maintained, such railing or other safeguards as may be deemed necessary by the said inspector, his assistant or deputy, to bring them safely within the provisions of this act. [G. S. 1915, § 5894.] § 135. Penalty for failure to comply with preceding section and demands of state factory inspector, assistant, or deputy. Any contractor, owner, superintendent or person in charge of the construction, repairing or painting of any building, tower, tank or other structure, who, after having received notice from the state factory inspector, his assistant or deputy, shall fail or refuse to comply with the provisions of this act and the demands of the said inspector, his assistant or deputy, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined not less than ten dollars nor more than one hundred dollars for such offense, and an additional fine of five dollars for each day the said work is continued after such notice until the provisions of this act have been fully complied with. [G. S. 1915, § 5895.] CHAPTER 12.-CONVICT LABOR.* Article 1. Labor Performed Within Penitentiary Grounds. §§ 136-153. 2. Labor Performed Outside Penitentiary Grounds. §§ 154-160. ARTICLE 1.-Labor Performed $136. Convicts permitted to participate in earnings; amount; when convict not to receive any sum; forfeiture for violation of rules. 137. Amounts earned to be computed monthly and placed to credit of convict; payment of amount due at expiration of sentence; earnings may be sent to family of convict; expenditure of earnings; deposit of moneys by warden; warden not to mingle funds. 138. Letting of contract for prison labor; president of board to advertise for proposals for bids. 139. Period of contract; minimum price per diem for each convict; bid not Within Penitentiary Grounds. $140. Board of directors to open and consider bids and award contracts; settlement of questions arising under contracts. 141. Settlement of questions arising be- 142. Execution of contracts: suits in *The "board of directors" mentioned in this chapter has been superseded by the state board of administration, which board succeeded to all the powers heretofore vested in the board of directors. (See Laws of 1917, ch. 297.) 4-Labor-1725 $144. Warden authorized to mine coal on lands belonging to state; employment of convicts; board may lease or purchase adjoining land; condemnation of land by board; notice; appraisement; filing of report; auditor to draw warrant for payment of amount awarded; report to state whether fee or right of user only is taken; appeal by landowner; use of land pending appeal. 145. Coal for state institutions to be sup- 146. Coal mine owned by state not to be 148. Coal not to be sold on market, by contract or otherwise. $149. Output of penitentiary mine limited to needs of public buildings and state institutions. 150. 152. 153. re Repeal of Laws of 1897, ch. 163, and acts in conflict herewith. Payment of wages to convicts in state penitentiary and state formatory; amount of such wages; amount placed in separate fund to be forwarded to persons dependent on such convict for support; proof of dependency; accumulation of fund if there be no persons dependent on convict; use of fund for supplying citizen's clothes, etc.; purchase of small necessities for convict. Repeal of acts in conflict with preceding section. Warden or other official to pay to wife or guardian, etc., of minor Ichild of convict sentenced for desertion or nonsupport of wife or children the amount allowed for labor performed. LAWS OF 1891, CH. 152, AS AMENDED BY LAWS OF 1901, CH. 272. § 136. Convicts permitted to participate in earnings; amount; when convict not to receive any sum; forfeiture for violation of rules. The convicts in the state penitentiary shall be permitted to participate in their earnings as follows, viz.: Each convict shall have allowed to him out of his earnings five per cent upon each day's labor, the value of each day's labor being computed at seventy-five cents: Provided, That any time said convict shall, from sickness or other means, be unable to perform his daily labor, or while he shall be under punishment for any violation of the rules of the penitentiary, shall not be estimated; nor shall such convict receive any sum while disabled from sickness or other cause, nor while undergoing punishment for the violation of any prison rules or orders: And provided further, That for the violation of such rules or orders the warden and directors may declare the whole or any part of the convict's earnings forfeited. [G. S. 1915, § 10000.] § 137. Amounts earned to be computed monthly and placed to credit of convict; payment of amount due at expiration of sentence; earnings may be sent to family of convict; expenditure of earnings; deposit of moneys by warden; warden not to mingle funds. The warden shall, at the end of each month, compute and place to the credit of each convict the amount earned by him as aforesaid; and at the expiration of his sentence, the balance due him on account of his earnings, upon the basis aforesaid, shall be paid to him: Provided, however, That if the convict shall by good conduct be entitled to his earnings as herein provided, he may, if he elect, cause his earnings in excess of the earnings of one year to be sent to his family, or to be expended in such manner as the warden may approve. It shall be the duty of the warden to deposit in a bank, to be designated by the board of directors, all moneys coming into his hands belonging to the penitentiary or convicts, and not invested as hereinbefore provided. Such account at the bank so designated shall be kept with the warden officially, and he shall not mingle the funds of the penitentiary with his private funds, nor check against such account, except for the authorized purposes of said institution. [G. S. 1915, § 10001.] |