Organization. Secretary. Organization may recall its delegate or any or all of its delegates by choosing and certifying a successor or successors. Each union shall be entitled to one delegate, and to one additional delegate for every fifty, or major fraction of fifty, members of such union: Provided, Such union shall have been organized three months preceding the then next annual meeting of said State association, and shall have certified said organization, by its presiding officer and secretary, to the secretary of said State association three months preceding said annual meeting, and during the preceding year, or during such portion thereof as it shall have existed, shall have complied with the requests of the secretary of said State association for statistics and information. Any union may, at its option, authorize a single delegate to cast all the votes to which such union may be entitled: Provided, That no delegate shall cast more than five votes. SEC. 4176. On the first Monday in February every year the delegates elected to said State association of miners shall assemble at the State capitol, at an hour and place to be fixed by the secretary in his annual call therefor, to be mailed to each union at least ten days before such assembling. The delegates present at the time and place fixed for said assembly shall be deemed a quorum, competent to transact all business to be done. The delegates shall elect a president, vice president, and secretary, and said secretary shall be known officially as State secretary of mine industries, and shall be ex officio State mine inspector, and shall collect and publish statistics of mine industries of the State. Said officials shall constitute the executive board of said association, and shall hold their offices until the next annual meeting and the election of their successors; but upon the demand of the presiding officers of five unions at any time, the president shall immediately convene the delegates by special call, issued in like manner as the annual call, for the purpose of electing a successor to said secretary; and if at the said election another person shall receive a majority of the votes cast, he shall immediately be entitled to succeed said secretary in all his functions. One so elected may be removed in like manner. SEC. 4177. When said delegates shall have assembled on the first complete, when. Monday in February, 1899, and shall have elected said officers, the State association of miners shall be deemed constituted, and the commissioner of labor statistics shall so declare, and the president elected shall thereupon assume his functions, and said society shall thereafter continue and shall be known by said designation of the State association of miners. Secretary to be mine inspector. Reports from unions. SEC. 4178. The term of office of the State mine inspector shall cease at noon on the 1st day of July, 1899, and said secretary shall thereupon be vested with all the powers given to, and charged with all the duties cast upon, the State mine inspector by any law of this State, and shall become and be in all respects the successor of said State mine inspector. SEC. 4179. The officers of every union shall promptly and fully answer all requests for statistics or other information which the State secretary of mine industries shall make. Said secretary shall have a discretion to treat any information called for by him as confidential, and to so state his request therefor; and no information so obtained shall be subject to inspection by any person not an officer or delegate of the said State association. No union failing to answer requests for statistics or information shall be entitled to representation in the then Annual reports. next annual meeting. The annual report of said secretary of mine industries shall be published as the reports of other State officers. He shall receive a salary of fifteen hundred dollars per annum, payable as other State salaries are paid, and not exceeding one thousand dollars Deputy in- for expenses. By permission of the executive council, he may appoint one deputy mine inspector in each of the following counties: Crawford, Cherokee, Osage, and Leavenworth: Provided, No deputy mine inspector shall be appointed in the county in which the State mine inspector resides. Said deputy mine inspectors shall be under the supervision and control of the State mine inspector, and hold their positions at his pleasure. They shall each receive as compensation for spectors. their services three dollars per day for each day actually employed, and actual necessary traveling expenses, account and time to be audited by the secretary and certified to the State auditor for payment monthly. SEC. 4180. All laws now in force referring to the State mine inspector, Existing laws. not inconsistent with the provisions of this act, shall, after the 1st day of July, 1899, be construed to refer instead to the said secretary of mining industries. SEC. 4181. Every association desiring to be represented in said meet- Delegates. ing on the first Monday of February, 1899, shall, at least five days before said meeting, certify to the commissioner of labor statistics the appointment of its delegates. CHAPTER 80.-Exemption of wages from execution, etc. ex SECTION 4966. The judge may order any property of the judgment Execution on debtor not exempt by law, in the hands either of himself or any other judgment. person or corporation, or due to the judgment debtor, to be applied toward the satisfaction of the judgment, and may enforce the same by proceedings for contempt, in case of refusal or disobedience; but the Earnings earnings of the debtor for his personal service at any time within empt, when. three months next preceding the order can not be so applied, when it is made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the use of a family supported wholly or partly by his labor. SEC. 4967. The earnings of a debtor who is a resident of this State, for his personal services at any time within three months next preceding the issuing of an execution, attachment, or garnishment process, can not be applied to the payment of his debts when it is made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the maintenance of a family supported wholly or partly by his labor: Provided, That at the time of filing such affidavit the debtor shall notify the plaintiff or his agent or attorneys thereof in writing: * * CHAPTER 80.--Security for wages of employees on public works—Contractor's bond. Earnings of resident debtor. Bonds to be re SECTION 5130. Whenever any public officer shall under the laws of the State enter into contract in any sum exceeding one hundred dollars, quired. with any person or persons, for the purpose of making any public improvements, or constructing any public building, or making repairs on the same, such officer shal take from the party contracted with a bond with good and sufficient sureties to the State of Kansas, in a sum not less than the sum total in the contract, conditioned that such contractor or contractors shall pay all indebtedness incurred for labor or material furnished in the construction of said public building or in making said public improvements. Who may sue. SEC. 5131. Such bond shall be filed in the office of the clerk of the Filing bond. district court of the county in which such public improvement is to be made or such public building is to be erected; and any person to whom there is due any sum for labor or material furnished, as stated in section one of this act [sec. 5130], or his assigns, may bring an action on said bond for the recovery of said indebtedness: Provided, That no action shall be brought on said bond after six months from the completion of said public improvements or public buildings. This act does not take from the laborer his right to a mechanics' lien upon a public building. 52 Kans. 253. CHAPTER 84.-Liability of railroad companies for injuries to employees. Limitation. fellow-servants. SECTION 5858 (as amended by chapter 393, Acts of 1903). Every rail- Negligence of road company organized or doing business in this State shall be liable for all damages done to any employee of said company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees, to any person sustaining such damage: Provided, That notice in writing of the injury so sustained, stating the Bonds to be required. time and place thereof, shall have been given by or on behalf of the person injured to such railroad company within ninety days after the occurrence of the accident. This statute is constitutional. 33 Kans. 298. It does not do away with the defense of contributory negligence. 34 Kans. 472. Negligent act must be of an employee having authority or duty in the premises. 30 Kans. 601. Only those persons more or less exposed to the hazards of the business of railroading are within the protection of this statute. 25 Kans. 53. Injury must be received while in the line of duty. 25 Kans. 1. A section hand injured by a rail being negligently allowed to fall upon him can recover under this section. 33 Kans. 416. So can a bridge carpenter engaged in loading timbers to be transported to the place of use. 52 Kans. 264. And workmen preparing an engine in a roundhouse for immediate use. 62 Fed. Rep. 363. The statute applies to a receiver operating a road. 55 Kans. 589. But not to employers having employees engaged in work upon the roadbed or the trains of a railroad corporation. 44 Kans. 669. A railroad company can not contract in advance for the waiver and release by an employee of his statutory rights. 29 Kans. 169. CHAPTER 84.-Security for wages of employees on railroads—Contractor's bond. SECTION 5864. Whenever any railroad company shall contract with any person for the construction of its road or any part thereof, such railroad company shall take from the person with whom such contract is made a good and sufficient bond, conditioned that such person shall pay all laborers, mechanics and material-men, and persons who supply such contractor with provisions or goods of any kind, all just debts due to such persons, or to any person to whom any part of such work is given, incurred in carrying on such work; which bond shall be filed by such railroad company in the office of the register of deeds in each county where the work of such contractor shall be. And if any such railroad company shall fail to take such bond, such railroad company Company lia- shall be liable to the persons herein mentioned to the full extent of all such debts so contracted by such contractor. ble. Who may sue. Platforms to be Laborers and mechanics employed by a subcontractor are within this section. 28 Kans. 194. A teamster is a laborer within this section. 35 Kans. 10. SEC. 5865. All persons mentioned in the first section of this bill [sec. 5864] shall have a right of action on the bond provided for in the first section of this act [sec. 5864], for the full awards of debts against such contractor. CHAPTER 84.-Protection of employees on street railways—Inclosed platforms. SECTION 5959. It shall be unlawful for any street-car company, or inclosed, when. other person, association or corporation who own, control or operate any street-car system in the State of Kansas, to run or operate its cars in the regular service of carrying passengers during the months of November, December, January, February or March of each year, without first providing a vestibule or other sufficient shelter for the ⚫ motorman or other employee, used by said company to guide or operate the propelling power used on said car: Provided, This act shall not apply to any horse or cable car. Proviso. Penalty. SEC. 5960. Every corporation, officer, owner or manager of any such street-car company who shall fail or refuse to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than five dollars nor more than twenty-five dollars for each offense; and the operation of a car at any one time during any one day during said months without providing the vestibule or other shelter shall be deemed a single violation of this act. CHAPTER 99.-State society of labor and industry-Commissioner-Bureau. SECTION 6609. The annual reports required by law to be made by Biennial rethe commissioner of labor statistics, * * * shall hereafter be made ports. biennially in the even-numbered years, and shall contain the information and matter required by law for the full period since the last report. try. SEC. 6645. Whenever seven or more laborers, workingmen, miners State society of of coal, zinc or other minerals for wages, mechanics, railway laborers labor and indusor other wage-earners are now organized or shall hereafter organize as a labor association or labor society, in any county, city or other municipality in the State of Kansas, for the purpose of collecting, studying and disseminating statistics of labor and industry, or for the investigation of economic, commercial or industrial pursuits, or for the improvement and promotion of the various branches of labor represented by such associations or societies, or for other purposes hereinafter mentioned in this act, said association or society shall be authorized to choose one delegate for the first fifty members or frac- Delegates. tion thereof and one delegate for each additional one hundred members or majority fraction thereof to represent such association or society in the annual meeting of the State society of labor and industry; and said delegate or delegates shall be duly certified under oath as elected on the above basis, by the presiding officer and secretary of such association or society. Such delegate or delegates shall be admitted to become members of the State society of labor and industry until the first Monday in February next following, or until their successors shall have been chosen and admitted: Provided, That such association or society shall have been organized at least ninety days, and that the officers of said association or society shall have made a report to the commissioner of labor statistics for the previous year upon the labor and industrial conditions, and otherwise shall have answered such interrogatories propounded by the commissioner of labor statistics in his annual blanks: And further provided, That at any time any such association or society may recall its delegate or delegates by choosing their successors as herein provided for. Provisos, SEC. 6646. On the first Monday in February, 1899, and every year Organization. thereafter, the delegates elected to said State society of labor and industry shall assemble at the State capitol, at an hour and place to be fixed by the secretary in his annual call therefor, said call to be sent to each association or society at least thirty days before such assembling: Provided, That the call for the first meeting, in February, 1899, shall be issued by the commissioner of labor statistics immediately after the passage of this act, and he shall preside at said meeting until the State society of labor and industry shall have organized. Every association or society desiring to be represented in said meeting on the first Monday in February, 1899, shall at least five days before said meeting certify to the commissioner of labor statistics the election of its delegate or delegates. The delegates present at the time and place fixed for the said first meeting or any subsequent meeting shall be deemed a quorum competent to transact all business to be done by said meeting under this act, and said State society of labor and industry shall be competent to adopt and amend a constitution and by-laws and other regulations for the government of said society and for the promotion of the purposes of this act, not conflicting with the provisions of this act. The delegates shall elect a president, vice president, secretary, and assistant secretary, which officials shall constitute a State bureau of labor and industry, and said secretary shall be ex officio commissioner of the bureau of labor and industry and State factory inspector, and said assistant secretary shall be Secretary to be ex officio assistant commissioner of said bureau, and the terms of said officers shall be as follows: The president and vice-president shall hold their offices until the next annual meeting or until the election of their successors; the secretary and assistant secretary shall hold their offices for two years or until their successors are elected and qualified, unless removed by a two-thirds majority vote present at the next annual meeting. The election of the secretary of the State society of labor and industry and the assistant secretary of said society commissioner. missioner. shall be certified, under oath, to the secretary of state by the presi dent and vice-president of the State society of labor and industry, and before entering upon the discharge of their duties said officers shall subscribe to the usual oath of office, administered by the secretary of state, and the official terms of office of said secretary and assistant secretary shall begin July the first, 1899, and beennially [biennially] thereafter, except in case of removal. When said delegates shall have assembled on the first Monday in February, 1899, and shall have elected said officers, as provided in this act, the State society of labor and industry shall be deemed constituted, and the presiding officer shall so declare, and the president and vice-president elected shall thereupon assume the functions of their offices, and said society shall thereafter continue and shall be known by said designation of the State society of labor and industry. The present officials of the bureau of labor and industrial statistics shall continue to act as such officers and perform their duties under this act until the expiration of their terms of office and until the end of the fiscal year, June 30, 1899; and the unexpended portion of the appropriation made for the bureau of labor and industrial statistics for the fiscal year ending June 30, 1899, is hereby transferred and made available under this act, and such unexpended portion of said appropriation may be drawn for the original purposes for which they were appropriated. The secretary of the State society of labor and industry, as commissioner of said bureau, shall have an office in the State capitol building, properly furnished for the work of said bureau, and shall perform his duties as herein provided. Duties of com- SEC. 6647. It shall be the duty of the commissioner to collect, assort, arrange and present in annual reports to the governor, to be by him biennially transmitted to the legislature, statistical details relating to all departments of labor and industrial pursuits in the State; to the subjects of cooperation, strikes, and other labor difficulties; to trade unions and other labor organizations and their effect upon labor and capital; to other matters relating to the commercial, industrial, social, educational, moral and sanitary conditions prevailing within the State; and the exploitation of such other subjects as will tend to promote the permanent prosperity of the respective industries of the State. It shall also be the duty of the commissioner of the bureau to cause to be enforced all laws regulating the employment of children, minors, and women; all laws established for the protection of health, lives and limbs of operators in workshops and factories, on railroads, and other places; and all laws enacted for the protection of the working classes now in force or that may hereafter be enacted. In its annual report the bureau shall also give an account of all proceedings which have been taken in accordance with the provisions of this act, or any of the other laws herein referred to, and in addition thereto such remarks, suggestions and recommendations as the commissioner may deem necessary for the information of the legislature. Powers of commissioner. SEC. 6648. The commissioner is hereby authorized to furnish and deliver a written or printed list of interrogatories to any person, company, or the proper officer of any corporation operating within the State, and require full and complete answers to be made thereto, and returned under oath. The commissioner shall have a seal, and have power to take and preserve testimony, to issue subpoenas and administer oaths, and examine witnesses under oath in all matters relating to the duties herein required by said bureau, such testimony to be taken in some suitable place in the vicinity to which the testimony is applicable. Witnesses subpoenaed and testifying before the commissioner of said bureau shall be paid the same fees as witnesses before the district court; such payment to be made from the incidental fund of the bureau. Any person duly subpoenaed under the provisions of this act who shall willfully neglect or refuse to attend, or refuse to answer any question propounded to him concerning the subject of such examination as provided in this act, or if any person to whom a written or printed list of interrogatories has been furnished by said commissioner shall neglect or refuse to answer and return the same under oath, such person or persons shall be deemed guilty of a misdemeanor, and upon complaint of the commissioner before a court of competent jurisdiction, and upon conviction thereof, such person or |