« ForrigeFortsett »
The arbitrations and investigations provided for in this subdivision shall be conducted with all reasonable promptness and dispatch, and no member of any board of arbitration shall be allowed payment for more than fifteen days' service, in any one arbitration, and no commissioner shall be allowed payment for more than ten days' service in the making of the investigation provided for in section 651 and sections following.
CHAPTER 16.—Employment of aliens on public works. Aliens not to SECTION 655. No person not a citizen of the United States, or who be employed. has not declared his intentions to become such, or who is not eligible
to become such, shall be employed upon any State or municipal works; nor shall any such person be employed by any contractor to work on any public works of the State or any municipality: Provided, That any State prisoner may be employed within the State prison grounds and
-as provided in section 3, article 13, of the constitution. Corporations. SEC. 656. No county government or municipal or private corporation
organized under the laws of this state, or organized under the laws of another State or Territory or in a foreign country and doing business in this State, shall give employment in any way to any alien who has failed, neglected, or refused, prior to the time such employment is given, to become naturalized or declare his intention to become a
citizen of the United States. Discharge on Sec. 657. Whenever employment has been innocently given to any complaint made. alien by any county government, municipal or private corporation
mentioned in section 655, and complaint shall be made in writing by any person to the officer of the county government, or municipal corporation, or general manager, superintendent, foreman, or other agent of the private corporation, having charge or superintendency of the labor of such alien employee, that such employee is an alien, he shall forth with discharge such employee from employment unless said employee shall produce his declaration to become a citizen, or his certificate of naturalization, or a duly certified copy thereof.
CHAPTER 16.—Employment offices. Permit re- SECTION 658. No person or persons shall carry on, hold, or keep any quired. labor agency, or bureau of employment without first having obtained
written permission of the county commissioners of the county wherein said agency or bureau is to be located.
Sec. 659. Before any person or persons shall be permitted to open, Bond.
keep, or conduct any labor agency or bureau of employment within the jurisdiction of said county, he shall furnish a bond with good and solvent security in favor of the chairman of said county commissioners in the full sum and amount of five thousand dollars ($5,000), conditioned that he shall well and truly carry out the purposes for which said agency shall have been established, and that he shall pay all such damages which may result from his or their actions as such agent or agents, keeper or keepers of said bureau of employment and that anyone who may have been injured or damaged by said agent or agents by any act done in furtherance of said business or by fraud or misreprésentations of said agents or keepers, shall have a right to sue for the recovery of such damages before any court of competent jurisdiction.
CHAPTER 46.—Liability of employers for road tax of employees. Notice charges SECTION 1177. Corporations or other employers of residents in any employer. highway district, are responsible for the road poll tax assessed against
their employees, and a notice to the employer or managing agent requiring the payment of the road poll tax of the employee, charges such employer or corporation with such road poll tax.
CHAPTER 57.- Liability of employers for poll tax of employees. Notice charges SECTION 1467. Every person, company, or corporation indebted to employer.
one who neglects or refuses, after demand, to pay a poll tax for which he is liable, becomes liable therefor, and must pay the same after service upon him, or upon any member or agent of such company or agent of such corporation, by the collector, of a notice in writing stating the name of any such delinquent.
Sec. 1468. Every person, company or corporation paying the poll Deduction tax of another may deduct the same from any indebtedness to such from wages. person.
Part II.-Civil Code.
CHAPTER 79.- Earnings of minors. SECTION 2073. The wages of a minor employed in service may be Minor entitled paid to him, unless within thirty days after the commencement of the to earnings, service, the parent or guardian entitled thereto gives the employer
when. notice that he claims such wages.
PART III.-CODE OF CIVIL PROCEDURE.
CHAPTER 126.— Right of action for injuries causing death-Limitation.
SECTION 3128. The periods prescribed for the commencement of Limitation of actions other than for the recovery of real property, are as follows:
4. An action to recover damages for the death of one caused by the wrongful act of another; *
CHAPTER 127.-Right of action for injuries causing death. SECTION 3164. A father, or in case of his death or desertion of his Death family, the mother, may maintain an action for the injury or death minor. of a minor child, and a guardian for the injury or death of his ward, when such injury or death is caused by the wrongful act or neglect of another. Such action may be maintained against the person causing the injury or death, or if such person be employed by another person, who is responsible for his conduct, also against such other person.
It must be affirmatively shown that the death resulted from the negligence of the defendant, and that the negligence of the plaintiff did not contribute to the result. 40 Pac. Rep. 56.
Sec. 3165. When the death of a person, not being a minor, is caused Negligence by the wrongful act or neglect of another, his heirs or personal repre-causing death. sentatives may maintain an action for damages against the person causing the death; or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section such damages may be given as under all the circumstances of the case may be just.
CHAPTER 139.-- Wages preferred—In assignments, etc. SECTION 3368. In all assignments of property made by any person Assignments. to trustees or assignees, or in proceedings in insolvency, the wages of the miners, mechanics, salesma[e]n, servants, clerks or laborers for services rendered within sixty days next preceding such assignment not exceeding one hundred and fifty dollars are preferred claims, and must be paid by such trustees or assignees before any creditor or Wages to be creditors of the assignor or insolvent debtor: Provided, That whenever paid first. any such miner, mechanic, salesman, servant, clerk or laborer has filed a notice of lien against any property of the assignor, he may elect between the provisions of this section and his lien.
Sec. 3369. In case of the death of any employer the wages of each Administraminer, mechanic, salesman, clerk, servant and laborer for services tion. rendered within the sixty days next preceding the death of the employer not exceeding one hundred and fifty dollars, rank in priority Order of paynext after the funeral expenses; expenses of the last sickness, the ment of decharges and expenses of administering upon the estate, and the allow- mands.
ance to the widow and infant children, and must be paid before any
other claims against the estate of the deceased person. Executions, Sec. 3370. In cases of executions, attachments and writs of similar
nature issued against any person or his property, except for claims for labor done, any miners, mechanics, salesmen, servants, clerks or laborers who have claims against the defendant for labor done upon the property levied on may give notice of their claim and the amount thereof, sworn to by the person making the claim, to the creditor or
his agent or attorney and the officer executing any of such writs, at Wages to be any time before the actual sale of the property levied upon; and, unless paid first.
such claim is disputed by the debtor or creditor, such officer must pay. to such person out of the proceeds of the sale of any property on which such person has bestowed labor the amount he is entitled to receive for his services rendered within the sixty days next preceding the levy of the writ.
CHAPTER 149.- Exemption of wages from execution. Thirty days' SECTION 3542. * the following property belonging to an actual earnings ex- resident of the State, is exempt from execution, except as herein other
wise specially provided.
Seventh. The earnings of a judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of the execution, or levy of attachment, when it appears by the debtor's affidavit or otherwise that such earnings are necessary for the use of his family residing in this State supported wholly or in part by his labor.
* Exemption continues while exempt wages or earnings are under the control of the debtor, although temporarily in the hands of another, 2 Idaho 1142.
CHAPTER 169.-Suits for wages-Attorney's fees. Attorney's fees SECTION 3721. Whenever a mechanic, artisan, miner, laborer, servallowed, when, ant, or employee, shall have cause to bring suit for wages earned and
due, according to the terms of his employment, and shall establish by the decision of the court or verdict of the jury, that the amount for which he has brought suit is justly due, and that a demand has been made in writing, at least fifteen days before suit was brought, for a sum not to exceed the amount so found due; then it shall be the duty of the court, before which the case shall be tried, to allow to the plaintiff a reasonable attorney's fee, in addition to the amount found due for wages, to be taxed as costs of suit. In a justice's court, such attorney's fee shall not be more than five dollars, and in the district court, not more than ten dollars, except in cases on appeal from justice's court, when the plaintiff may recover an attorney's fee not exceeding twenty-five dollars.
PART IV.-PENAL CODE.
CHAPTER 210.-- Protection of employees as voters. Threatening SECTION 4585. No person shall attempt to influence the vote of any discharge. elector by means of
threats of * discharging from employment *
CHAPTER 216.-Negligence of operators of steam boilers, etc. Negligence SECTION 4750. Every person having charge of any steam boiler or causing death. steam engine, or other apparatus for generating or employing steam,
used in any manufactory, or on any railroad, or in any vessel, or in any kind of mechanical work, or for heating, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus,
or to cause any other accident whereby the death of a human being Penalty. is produced, is punishable by imprisonment in the State prison for
not less than one nor more than ten years.
CHAPTER 216.- Negligence of employees on railroads— Intoxication. Section 4751. Every conductor, engineer, brakeman, switchman, Negligence or other person having charge, wholly or in part, of any railroad car, locomotive, or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the State prison for not less than one nor more than ten years.
SEC. 4754. Every person who is intoxicated while in charge of a Intoxication of locomotive engine, or while acting as conductor or driver upon any
engineers, etc. railroad train or car, whether propelled by steam or drawn by horses, or while acting as train dispatcher or as telegraph operator, receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor.
SEC. 4756. Every engineer, conductor, brakeman, switchtender, or Negligence enother officer, agent, or servant of any railroad company, who is guilty dangering life. of any willful violation or omission of his duty as such officer, agent, or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor.
CHAPTER 216.- Mine regulations. SECTION 4761. Upon the neglect or refusal of any owner, lessor, lessee, Disregard of agent, manager or other person in charge, notified to comply with the orders of mine requirements stated in the notice provided in section 144 of the Politi- inspectors. cal Code, such owner, lessor, lessee, agent, manager or other person in charge of such mine shall be deemed guilty of a misdemeanor, and is punishable by a fine of not more than five hundred dollars, and each Penalty. day's continuance of such neglect or refusal shall be a separate offense, and in case of any criminal or civil proceeding at law against the party or parties so notified, on account of the loss of life, or bodily injury sustained by any employee subsequent to the service of such' notice, and in consequence of a neglect or refusal to obey the inspector's requirements, a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party Evidence. or parties so notified.
CHAPTER 219.—Employment of aliens on public works. SECTION 4857. Any public officer or [of] any county government, or Officers, etc., municipal corporation, or any general manager, superintendent, fore-employing al
. man, or other agent of any private corporation, or any contractor or agent of any company engaged in public work, who shall violate any of the provisions of sections 656 and 657 of the Political Code, who shall knowingly give employment to any alien or who having innocently given such employment shall on complaint being made to him by any person fail or refuse to discharge any such employee forth with on the failure or refusal of such employee to produce for his inspection and the inspection of the complainant his declaration of intentions to become a citizen, or certificate of naturalization as provided in section 657 of the Political Code, shall be deemed guilty of a misdemeanor. CHAPTER 219.- Protection of employees as members of labor organizations.
SECTION 4858. It shall be unlawful for any person, firm, or corpora- Restraining tion to make or enter into any agreement, either oral, or in writing, by employees from the terms of which any employee of such person, firm or corporation, union.
membership in or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employment, shall promise or agree not to become or continue a member of a labor organization.
SEC. 4859. Any person or persons or corporation violating the pro- Penalty. visions of the preceding section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty nor more than three hundred dollars or be imprisoned in the county jail for not more than six months, or by both such fine and imprisonment.
H. Doc. 733, 58–2-18
CHAPTER 219.- Protection of wages, etc. -- Penalty for violation of statute. Filing notices, SECTION 4860. Any person, persons, company or corporation, or any etc.
managing agent violating any of the provisions of sections 638, 639 or 640 of the Political Code
shall be deemed guilty of a misdemeanor and Penalty. upon conviction thereof be punished by fine, [of] not less than one
hundred dollars, or by imprisonment in the county jail not exceeding three months.
CAAPTER 221. — Trade-marks of trades unions. Counterfeiting SECTION 4950. Whoever counterfeits orimitates any label, trade-mark, labels, etc. term, design, device or form of advertisement, described in section 635 or
[of] the Political Code, or sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of any label, trade-mark, term, design, device or form of advertisement; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed; or knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can or package, to which or on which, any such counterfeit, or imitation is attached, affixed, printed, painted, stamped, or impressed; or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor in any box, case, can or package to which or on which any such counter
feit or imitation is attached, affixed, printed, painted, stamped or Penalty. impressed, shall be guilty of a misdemeanor and be punished by a
fine of not more than one hundred dollars, or by imprisonment for
not more than three months. Unauthorized Sec. 5000. Every person who shall use or display the genuine label,
trade-mark, term, design, device or form of advertisement of any such person, association or union, in any manner, not being authorized so
to do by such person, union or association, shall be deemed guilty of Penalty. a misdemeanor and shall be punished by imprisonment for not more than three months or by a fine of not more than one hundred dollars.
CHAPTER 222.- Employment offices. Permit SECTION 5113. Anyone violating the provisions of section 658 of the quired.
Political Code shall be subject to a fine of not more than $300, nor less than $100, and imprisonment in the county jail for not more than 90 days nor less than 30 days.
ACTS OF 1903.
Fire escapes on factories, etc.
(Page 148.) Factories more SECTION 1. It is hereby made the duty of every person, firm or corthan two stories poration, or his or its agents, officers or trustees owning or having .
the management or control of any * factory or other structure over two stories in height to provide and furnish such building with safe and suitable metallic, iron or fireproof ladders of sufficient strength and permanently and securely attach the same to the outside or outer walls of such buildings in such manner and in such position as to be adjacent to the windows and convenient and easy of
access to the occupants of such buildings in case of fire. Ladders.
SEC. 2. Such metallic, iron or fireproof ladders must connect with each floor above the first, and be well fastened and secure and of sufficient strength and extend from the first story to the upper stories of
such building or to the cornice thereof. Violation. SEC. 4. Any person, firm or corporation, or his or its agents, officers
or trustees, who shall fail to comply with the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punishable by imprisonment in the county jail for not less than three nor more than six months, or by a fine of not less than two hundred dollar[s] ($200), nor more than three hundred dollars ($300), or by both such fine and imprisonment.