used in this act shall be so construed as to include any and every vocation and pursuit and trade and industry. The words "learners" and "apprentices" shall include only such learners and apprentices as are minors or are women. Any board may make a separate inquiry into and report on any branch of any occupation; and the commission may make a separate order affecting any branch of any occupation. A "minor" shall mean a person, male or female, under eighteen years of age. A "women" [woman] shall mean any female eighteen years of age and over. Any board may include in its determinations definitions of "learner" and "apprentice" and the commission shall have power to make such rules and regulations and to issue such orders relating to the same as it deems necessary to make effective the object of this act. [G. S. 1915, § 10507.] § 246. Employer, employee, etc., may bring action to vacate and set aside order, ruling or holding; time for bringing action; burden of proof; attorney-general to appear for commission; action advanced over other actions; appeal from district court; orders, etc., in effect pending appeal; service on member of board. Any employer or employee or other person who shall be interested therein, who shall be dissatisfied with any order, ruling or holding of the commission may, within thirty days from the making thereof, commence an action in the district court of Shawnee county or in the district court in the county in which the person so complaining shall reside or have his principal place of business against the industrial welfare commission, as defendant, to vacate and set aside such order, ruling or holding on the ground that the same is unauthorized by law, confiscatory or unreasonable, and in any such action all determinations of questions of fact which shall have been made by the commission under the foregoing provisions of this act shall be presumed to be correct and the burden of proof shall be upon the plaintiff to show the incorrectness of such determinations. In all such actions, the attorney-general shall appear for and represent such commission. All such actions shall have preference in any court and on motion shall be advanced over any civil cause of a different nature pending in such court and such actions shall be tried and determined as other civil actions. Appeal from any decision of the district court may be taken from the district court to the supreme court in the same manner as provided by law in other civil actions and shall have precedence in the supreme court over civil cases of a different nature. During the pendency of any such action the orders, rulings and holdings complained of shall, unless temporarily stayed or enjoined by the court, remain in full force and effect until final judgment. Service of summons on any member of the board shall be sufficient service on the board. [G. S. 1915, § 10508.] § 247. Violation of act a misdemeanor; penalty. That a violation of any provision of this act shall constitute a misdemeanor, and any one convicted thereof shall be punished by a fine of not less than twenty-five ($25) dollars, nor more than one hundred ($100) dollars for each such misdemeanor. [G. S. 1915, § 10509.] § 248. Penalty for discharge of employee or discrimination against employee because of signing a request for investigation of wages, etc., or because of such person testifying, etc. That any employer who discharges, or in any other manner discriminates against any employee because such employee has signed or agreed to sign any request to the commission to investigate. wages, hours, or sanitary, or other labor con ditions, or has testified or is about to testify, or because such employer believes that said employee may testify in any investigation or proceedings or sign any request relative to the enforcement of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars for each such misdemeanor. [G. S. 1915, § 10510.] § 249. Penalty for employment of woman, or minor, learner or apprentice at less than minimum wage, for greater number of hours, etc., than fixed by commission; recovery in civil action of minimum wage, for overtime, etc., regardless of agreement; costs and attorney's fees. That any employer who employs any woman, or minor, learner or apprentice in any occupation at less than the minimum wage or for a greater number of hours in a day or week fixed or under sanitary or other conditions forbidden by order or license issued by the commission, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars for each such misdemeanor. Any woman or minor or learner or apprentice who shall receive less than the minimum wage or shall be compelled to work for a greater number of hours than that fixed by order or license issued by the commission, shall be entitled to recover in a civil action the full amount of the legal minimum wage, and compensation at the same rate for the number of hours of overtime work as herein provided for, together with costs and attorney's fees to be fixed by the court, notwithstanding any agreement to work for such lesser wage or greater number of hours. In such action, however, the employer shall be credited with any wages which have been paid on account. [G. S. 1915, § 10511.] § 250. Commission to investigate whether employers or employees are complying with orders, etc.; prosecution of persons not complying with orders. That the commission shall, from time to time, investigate and ascertain whether or not employers or employees in the state of Kansas are observing and complying with its orders and take such steps as may be necessary to have prosecuted such employers and employees as are not observing and complying with its orders. [G. S. 1915, § 10512.] § 251. Commissioner of labor and inspectors of bureau of labor to give information and statistics to commission and assist commission in carrying out act. That the commissioner of labor and the several inspectors of the bureau of labor shall, at any and all times, give to the commission any information or statistics in their respective offices that may assist said commission in carrying out this act and render such assistance to said commission as may not be inconsistent with the performance of their respective official duties. [G. S. 1915, § 10513.] § 252. Commission to make biennial report to the governor and the legislature; printing and distribution of report. That the commission shall biennially make a report to the governor and legislature of its investigations and proceedings, and such reports shall be printed and distributed as in the case of other executive documents. [G. S. 1915, § 10514.] § 253. Act construed as supplemental to existing laws. That this act is to be construed as supplemental to existing laws regulating the employment of women, learners and apprentices and minors. [G. S. 1915, § 10515.] CHAPTER 22.-INJUNCTIONS IN LABOR CASES. op $254. Injunctions in cases involving employers, employees or persons seeking employment; notice and portunity to be heard; service of notice and copy of pleadings; temporary restraining order without notice in certain cases; record to be made of such order; expiration of order; extension; reasons for extension entered of record. 255. Restraining order of interlocutory order of injunction not to issue except upon giving security; amount and conditions. §256. Order of injunction or restraining LAWS OF 1913, CH. 233. AN ACT concerning injunctions in certain cases, and regulating the issuance, terms and conditions of the same by the courts of the state of Kansas. § 254. Injunctions in cases involving employers, employees or persons seeking employment; notice and opportunity to be heard; service of notice and copy of pleadings; temporary restraining order without notice in certain cases; record to be made of such order; expiration of order; extension; reasons for extension entered of record. That no injunction whether interlocutory or permanent, in any case between any employer and employee, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving or growing out of a dispute concerning terms, or conditions of employment shall be issued without previous notice, and an opportunity to be heard on behalf of the parties to be enjoined, which notice, together with a copy of the motion, petition or other pleading upon which the application for such injunction will be based, shall be served upon the parties sought to be enjoined a reasonable time in advance of such application. But if it shall appear to the satisfaction of the court or judge that immediate and irreparable injury is likly to ensue to the complainant, and that the giving of notice of the application or the delay incident thereto would probably permit the doing of the act sought to be restrained before notice could be served or hearing had thereon, the court or judge, may, in his discretion, issue a temporary restraining order without notice. Every such order shall be indorsed of record, shall define the injury and state why it is irreparable and why the order was granted without notice, and shall by its terms expire within such time after entry, not to exceed seven days, as the court or judge may fix, unless within the time so fixed the order is extended or renewed for a like period, after notice to those previously served, if any, and for good cause shown, and the reasons for such extension shall be entered of record. [G. S. 1915, § 7146.] § 255. Restraining order or interlocutory order of injunction not to issue except upon giving of security; amount and conditions. That no restraining order or interlocutory order of injunction shall issue except upon the giving of security by the applicant in such sum as the court or judge may deem proper, conditioned upon the payment of such costs and damages as may be incurred or suffered by any party who may be found to have been wrongfully enjoined or restrained thereby. [G. S. 1915, § 7147.] § 256. Order of injunction or restraining order to set forth reasons for issuance of same; description of acts sought to be restrained without reference to petition, etc.; persons bound by such order. That every order of injunction or restraining order shall set forth the reasons for the issuance of the same, shall be specific in terms, and shall describe in reasonable detail, and not by reference to the petition, motion or other document, the act or acts sought to be restrained; and shall be binding only upon the parties to the suit, their agents, servants, employees and attorneys, or those in active concert with them, and who shall by personal service or otherwise have received actual notice of the same. [G. S. 1915, § 7148.] § 257. Restraining order or injunction not to be granted in cases involving employers, employees or persons seeking employment unless necessary to prevent injury, etc.; sufficiency of application; verification; acts which shall not be prohibited by such restraining order or injunction. That no restraining order or injunction shall be granted by any court of the state of Kansas, or a judge or the judges thereof, in any case between an employer and employee, or between employers and employees; or between employees, or between persons employed and persons seeking employment, involving or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney. And no such restraining order or injunction shall prohibit any person or persons from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means to do so; or from attending at or near a house or place where any person resides or works, or carries on business, or happens to be for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute; or from recommending, advising, or persuading others by peaceful means to do so; or from paying or giving to or withholding from any person engaged in such dispute any strike benefits or other moneys or things of value; or from peaceably assembling at any place in a lawful manner and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto. [G. S. 1915, § 7149.] CHAPTER 23.-LIENS FOR LABOR. 2. Liens on Oil and Gas Leaseholds. §§ 267-270. 4. Bond to Secure Payment of Claims.* §§ 282-284. ARTICLE 1.-Liens on Personal Property. $258. Lien of mechanic, artisan or trades- six 261. Proceeds of sale, after payment of charges and expenses, to be de posited with county treasurer if owner be absent. and $262. Copies of notices, proof of publica- as LAWS OF 1872, CH. 142, AS AMENDED BY LAWS OF 1903, CH. 383. AN ACT to amend chapter 58, General Statutes, relating to liens upon personal property. § 258. Lien of mechanic, artisan or tradesman on personal property altered or repaired; sale of such property after six months; statement to be filed with register of deeds when property taken away without payment being made; contents of statement; lien on property; mechanic, etc., entitled to possession if claim not paid within six months; sale of property. Whenever any person shall intrust to any mechanic, artisan or tradesman materials to so construct, alter or repair any article of value, or any article of value to be altered or repaired, such mechanic, artisan or tradesman shall have a lien on such article, and, if the same be completed and not taken away, and his fair and reasonable or stipulated charges be not paid, may, after six months from the time such charges become due, sell the same; or, if the same be susceptible of division without injury, he may sell so much thereof as is necessary to pay such charges and the expenses of publication and sale, as hereinafter provided: Provided, That on the completion of said repairs or alteration, at the request of the owner of said property so intrusted, or of his duly authorized agent, the said mechanic, artisan or tradesman may permit the same to be taken away without having been paid for, and shall be entitled to retain his lien on said property as aforesaid, by filing in the office of the register of deeds of the county where said property was so altered or repaired, within three days after the said property is so taken away, a statement in writ ing, signed by the said mechanic, artisan, or tradesman, showing the name of the owner of the property, the name of the mechanic, artisan, or tradesman, the name of the article, the date of the charge for same, the amount due, and the said statement shall constitute a lien on the property *For act requiring railroad company to take bond from contractor for protection of laborers, mechanics, and material-men, see §§ 431, 432, post. |