recovery of such claims: Provided, That no plaintiff shall recover more than the face value of his said claim where the payment is refused by reason of a dispute as to the ownership of said claim, or where it appears satisfactorily to the court or jury that the defendant had a sufficient excuse for the refusal of the payment of the claims, the burden of proof of said sufficient excuse being on the defendant, and, should the court or jury find such excuse sufficient, the same is to be specified in the verdict or judgment of the said court or jury. SEC. 4. Wages due.-All wages of employees in and around canneries and salteries shall be due and payable monthly and within fifteen (15) days after the last day of the month in which the wages were earned: Provided, however, That when the services are completed or the employee is discharged prior to such pay day the wages or other compensation earned by him shall be paid without delay, but nothing contained herein shall be construed to prohibit the payment of wages at more frequent periods than monthly. SEC. 5. Notices to be posted.-Every employer shall establish and maintain regular pay days as herein provided and shall post and maintain notices, printed or written in plain type or script, in at least two conspicuous places where such notices can be seen by the employees as they go to and from their work, setting forth the regular pay days as herein prescribed. Nothing in this act contained shall be deemed to interfere with any right of contract. CHAPTER 82.-Mine inspector SECTIONS 1-4. Joint supervision.-[This act suspends till March 31, 1925, the operation of chapter 44, Acts of 1921, authorizes the governor to arrange with the Department of the Interior for joint Territorial and Federal supervision of the inspection of mines other than coal mines, and appropriates $7,000 to carry out the proposed plan.] CHAPTER 101.-Private employment offices 66 SECTION 1. License. [The license fee law for the year 1923 continues the charge of $500 per annum on employment agencies operating for hire and collecting a fee for services."] ARIZONA CONSTITUTION ARTICLE II.-Actions for personal injuries—Damages SECTION 31. No limit on damages.-No law shall be enacted in this State limiting the amount of damages to be recovered for causing the death or injury of any person. ARTICLE XV.-Safety of public service employees SECTION 2. Scope of law.-All corporations other than municipal engaged in carrying persons or property for hire; or in furnishing gas, oil, or electricity for light, fuel or power; or in furnishing water for irrigation, fire protection, or other public purposes; or in furnishing, for profit, hot or cold air or steam for heating or cooling purposes; or in transmitting messages or furnishing public telegraph or telephone service, and all corporations other than municipal, operating as common carriers, shall be deemed public service corporations. SEC. 3. Power to make rules.-The corporation commission * make and enforce reasonable rules, regulations, and orders for the convenience, comfort, and safety, and the preservation of the health, of the employees and patrons of such corporations; * ARTICLE XVIII.-Employment of labor may SECTION 1. Limit of 8 hours per day on public works.-Eight hours and no more, shall constitute a lawful day's work in all employment by, or on behalf of, the State or any political subdivision of the State. The legislature shall enact such laws as may be necessary to put this provision into effect, and shall prescribe proper penalties for any violations of said laws. SEC. 2. Age limit for children.-No child under the age of fourteen years shall be employed in any gainful occupation at any time during the hours in which the public schools of the district in which the child resides are in session; nor shall any child under sixteen years of age be employed underground in mines, or in any occupation injurious to health or morals or hazardous to life or limb; nor in any occupation at night, or for more than eight hours in any day. SEC. 3. Waivers of employers' liability.—It shall be unlawful for any person, company, association, or corporation to require of its servants or employees as a condition of their employment, or otherwise, any contract or agreement whereby such person, company, association, or corporation shall be released or discharged from liability or responsibility on account of personal injuries which may be received by such servants or employees while in the service or employment of such person, company, association, or corporation, by reason of the negligence of such person, company, association, or corporation, or the agents or employees thereof; and any such contract or agreement if made, shall be null and void. SEC. 4. Fellow-servant doctrine.-The common law doctrine of fellow servant, so far as it affects the liability of a master for injuries to his servants resulting from the acts or omissions of any other servant or servants of the common master is forever abrogated. SEC. 5. Contributory negligence and assumed risk.—The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury. SEC. 6. Actions for injuries.-The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation. SEC. 7. Employers' liability law. To protect the safety of employees in all hazardous occupations, in mining, smelting, manufacturing, railroad or strect railway transportation, or any other industry the legislature shall enact an employer's liability law, by the terms of which any employer, whether individual, association, or corporation shall be liable for the death or injury, caused by any accident due to a condition or conditions of such occupation, of any employee in the service of such employer in such hazardous occupation, in all cases in which such death or injury of such employee shall not have been caused by the negligence of the employee killed or injured. SEC. 9. Black lists.-The exchange, solicitation, or giving out of any labor "black list," is hereby prohibited, and suitable laws shall be enacted to put this provision into effect. SEC. 10. Employment of aliens on public works.-No person not a citizen or ward of the United States, or who has not declared his intention to become a citizen, shall be employed upon, or in connection with, any State, county, or municipal works or employment: Provided, That nothing herein shall be construed to prevent the working of prisoners by the State, or by any municipality thereof, on street or road work, or other public work. The legislature shall enact laws for the enforcement, and shall provide for the punishment of any violation, of this section. ARTICLE XIX.-Mine regulations-Inspector SECTION 1. Office created; laws to be enacted.-The office of mine inspector is hereby established. The legislature, at its first session, shall enact laws so regulating the operation and equipment of all mines in the State as to provide for the health and safety of workers therein and in connection therewith, and fixing the duties of said office. Upon approval of such laws by the governor, the governor, with the advice and consent of the senate, shall forthwith appoint a mine inspector, who shall serve until his successor shall have been elected at the first general election thereafter and shall qualify. Said successor and all subsequent incumbents of said office shall be elected at general elections, and shall serve for two years. REVISED STATUTES-1913 Exemption of wages from garnishment PARAGRAPH 1452. Exemptions.-[One-half the debtor's earnings for personal services for 30 days are exempt on affidavit that such earnings are necessary for the support of his family.] Railroad regulations PARAGRAPH 2165.-Leaking engines. No locomotive, from which steam escapes to such an extent as to obstruct the view of the men operating such locomotive, shall be used or permitted to be used in any yard or over any railroad or portion of a railroad, in this State: Provided, That this section shall not apply to the result of accident between terminals, until the engine reaches its destination. Any person, firm, company, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than one hundred dollars nor more than one thousand dollars. PAR. 2190. Relief societies.-No railroad company now existing or hereafter created under and by virtue of the laws of this State, or of any other State or country, and having and operating a line of railway in this State, may establish or maintain, or assist in establishing or maintaining, any relief association or society, the rules or by-laws of which shall require of any person or employee becoming a member thereof, to enter into a contract, agreement, or stipulation, directly or indirectly, whereby such person or employee shall stipulate or agree to surrender or waive any right of damage against any railroad company for personal injuries, or death, or whereby such person or employee agrees to surrender or waive, in case he asserts such claim for damages, any right whatever, and any such agreement or contract so signed by such person shall be null and void. 11 require by any PAR. 2191. Bonds of employees from specified companies, etc.-No common carrier authorized to do business in this State, when respiring an employee that he give it a bond or undertaking of any natu such employee to have such bond or undertaki particular person, company, corporation, assoc more of any number of such persons, compan firms named by such common carrier; and no any such bond or undertaking for any reason ciency of such bond or undertaking. ne or or ct PARS. 2192, 2193. Nonresident companies; term; cancellation.—[No nonresident surety may be required, and none may be accepted unless a resident is designated, on whom notice can be served, and with whom records can be kept. Bonds must be for specified terms, and may not be canceled before the expiration of the same except for breach of condition and on notice duly given.] PAR. 2194. Violations.-[Violations entail a penalty of fine, $100 to $1,000, or imprisonment, 30 days to one year, or both.] Public service corporations-Safety-Accidents PARAGRAPH 2289. * Provisions required.—(b) Every public-service corporation shall furnish, provide, and maintain such service, instrumentalities, equipment and facilities as shall promote the safety, health, comfort and convenience of its patrons, employees and the public, and as shall be in all respects adequate, efficient, just, and reasonable. PAR. 2318. Rules.-[The corporation commission is authorized to make rules after a hearing, governing the operation of public-service corporations with a view to the health and safety of employees, etc., including installation of interlocking devices, block systems of signaling, uniform and other standards of equipment, etc.] PAR. 2320. Accidents.-[Accidents on the property of any public-service corporation or arising from the maintenance or operation of the same, resulting in loss of life or injury to persons or property must be reported, and may be investigated if in the judgment of the commission investigation is required; but reports and investigations, etc., are not available in any suit for damages.] cause Employment of children-School attendance PARAGRAPHS 2802-2804 (as amended 1921, ch. 143). Requirement.—[ Attendance at school until 16 is required unless excused (among other reasons) be"such child is over 16 [apparently should be 14] years of age, and, with the consent of its parents or guardians, is employed at some lawful wageearning occupation." Children under 16 cannot be employed during school hours without a permit. If attendance at school is prevented because of the necessity to work for support, the judge of the juvenile court may grant an allowance to permit attendance. Violations are punishable by fine or imprisonment, or both. Attendance officers may inspect places of employment to enforce the law.] Hours of labor PARAGRAPH 3098. Employment hazardous.-The business of conducting and operating an electric light plant, or any electric power plant, is hereby declared to be hazardous and dangerous to those employed therein. PAR. 3099. Limit of eight hours per day.-It shall be unlawful for any person, corporation or association operating or managing any electric light plant, or any electric power plant, or both, within this State, to permit, or cause to be permitted, any operating engineer or fireman, or switchboard operator, or any attendant in its service, employed in or about such plant, to be on duty more than eight hours in any twenty-four consecutive hours; except in cases of emergency when life or property is in imminent danger. PAR. 3100. Violations.-[Violations of preceding section are punishable by a fine of not to exceed $100, each day's violation constituting a separate offense.] PAR. 3103. Limit of eight hours per day on public works.-Eight hours, and no more, shall constitute a lawful day's work for all laborers, workmen, mechanics or other persons doing manual or mechanical labor, now employed or who may hereafter be employed by or on behalf of the State of Arizona or by or on behalf of any political subdivision of the State, except in cases of extraordinary emergency which may arise in time of war, or in cases where it may be necessary to work more than eight hours each calendar day for the protection of property or human life: Provided, That in all such cases the laborers, workmen, mechanics or other persons doing manual or mechanical labor, so employed and working to exceed eight hours each calendar day shall be paid on the basis of eight hours constituting a day's work: Provided further, That not less than the current rate of per diem wages in the locality where the work is performed shall be paid to laborers, workmen, mechanics, and other persons doing manual or mechanical labor so employed by or on behalf of the State of Arizona, or of any political subdivision of the State; and laborers, workmen, mechanics and other persons doing manual or mechanical labor, employed by contractors or subcontractors in the execution of any contract or contracts with the State of Arizona, or with any political subdivision of the State, shall be deemed to be employed by or in behalf of the State of Arizona, or of such county, city, township, or other municipality thereof. PAR. 3104. Contracts. All contracts hereafter made by or on behalf of the State of Arizona, or by or on behalf of any political subdivision of the State, with any corporation, person or persons for the performance of any work or the furnishing of any material manufactured within the State of Arizona, shall be deemed and considered as made upon the basis of eight hours constituting a day's work; and it shall be unlawful for any such corporation, person or persons to require or permit any laborer, workman, mechanic or other person doing manual or mechanical labor, to work more than eight hours per calendar day in doing such work or in furnishing or manufacturing such material, except in the cases and upon the conditions provided in the preceding section. PAR. 3105. Aliens not to be employed. No person not a citizen or ward of the United States, or who has not declared his intentions to become a citizen shall be employed upon, or in connection with, any State, county, or municipal works, or employment: Provided, That nothing herein shall be construed to prevent the working of prisoners by the State, or by any county or municipality thereof, on street or road work, or other public work. PAR. 3106. Violations.-[Violation of three preceding sections is punishable by a fine of not less than $50 nor more than $1,000, or by imprisonment for not more than six months, or both.] PAR. 3108. Eight-hour day in mines, etc.-The period of employment of hoisting engineers at the mines in this State, and furnace men at the smelters in said State, shall be eight hours per day except in cases of emergency where life or property is in imminent danger. PAR. 3109. Violations.-[Violation of preceding section punishable by a fine of not less than $100 nor more than $300 for each offense.] Employment of women and children PARAGRAPH 3110. Age.-[No child under 14 may be employed in any mill, factory, workshop (including tenement-house factories and workshops) mercantile establishment, office, telegraph or telephone office, restaurant, bakery, etc., or as bootblack, messenger or delivery boy; but boys 10 to 14 may be allowed to deliver newspapers or do other work outside school hours, not harmful in the opinion of the board of school trustees.] PAR. 3111. School hours.-[No child under 14 may be employed in any business during school hours.] PARS. 3112-3114. Dangerous occupations.—[Employment of children under 16 in designated list of dangerous occupations (for similar list see sec. 3145, Delaware Code), or in any other employment declared by the State board of health to be dangerous or injurious is forbidden.] PAR. 3115. Seats for females.-Females shall not be employed, permitted, or suffered to work in any capacity where such employment compels them to remain standing constantly. Every person who shall employ any female in any place or establishment mentioned in the first section [sec. 3110] of this chapter [secs. 3110-3145] shall provide suitable seats, chairs, or benches for the use of the females so employed, which shall be so placed as to be accessible to said employees; and shall permit the use of such seats, chairs, or benches by them when they are not necessarily engaged in the active duties for which they are employed, and there shall be provided at least two chairs to every three females. PARS. 3116-3125. Certificates.-[Employment certificates are required for children to 16; child must be 14, have completed 5 grades of school, and be of normal physical development and fitness. Issue is by the school authorities.] PAB. 3126. Enforcement.-[Inspectors, etc., may require discharge of a child apparently under 16 for whom no nem or evidence of age is produced.] PARS. 3127, 3128. Danger: occupations is forbidde State board of heal PAR, 3129. Fema or suffered to work -[Employment under 18 in certain sec. 3148, Delaware Code. The shall be employed, permitted, coal breaker. |