SEC. 7855. Every such association or union adopting a label, trade- Enjoining mark or form of advertisement as aforesaid may proceed by suit to

counterfeiting, enjoin the manufacture, use, display or sale of any such counterfeits or imitations; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display, or sale, and shall award the complainant in such suit such damages resulting from such wrongful manufacture, use, display or sale as may by said court be deemed just and reasonable, and shall require the defendants to pay such association or union the profits derived from such wrongful manufacture, use, display, or sale; and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed.

Sec. 7856. Every person who shall use or display the genuine label, Unauthorized trade-mark or form of advertisement of any such association or union use. in any manner not authorized by such association or union shall be deemed guilty of a misdemeanor, and shall be punished by imprison- Donalty. ment in the county jail not less than three months nor more than one year, or by a fine of not less than one hundred dollars, or both. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union on behalf of and for the use of such association or union.

Sec. 7857. Any person or persons who shall in any way use the name Use of name, or seal of any such association or union, or officer thereof, in and about etc. the sale of goods or otherwise, not being authorized to go use the same, shall be guilty of a misdemeanor, punishable by imprisonment in the

Penalty. county jail of not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both.

ACTS OF 1903.

CHAPTER 70.-E.camination and licensing of barbers.


SECTION 1. It shall be unlawful for any person to follow the occupa- License tion of a barber in this State, unless he shall have first obtained a cer

quired. tificate of registration as provided in this act: Provided, however, That Provisos. nothing in this act contained shall apply to or affect any person who is now actually engaged in such occupation, except as hereinafter provided: Provided, That the provisions of this law shall not apply to barbers in any city, town or village containing less than three thousand inhabitants.

Sec. 2. A board of examiners, to consist of three persons, citizens Board of examof this State for at least three years prior to their appointment, is iners. hereby created to carry out the purposes and to enforce the provisions of this act. Such board shall be appointed by the governor: Prorided, Proviso. That all barbers must have had a practice of at least five years at the said occupation prior to their appointment. Each member so recommended shall appear before the State board of health, whose duty it shall be to determine whether or not such member possesses sufficient knowledge of inoculable contagious and inoculatious diseases to enable such member to pass judiciously upon the qualifications of others in the occupation of barber. If said board of health shall reject an appointee, then the governor shall appoint some one else in place of the person rejected, such appointment to be made from the same class of persons from which the appointment was made. If, on the other hand, the appointment be confirmed by the board, said board shall issue a certíficate to that effect, and all appointments made under the provisions of this act shall date from the confirmation thereof by said State board. Each member of said board shall serve for a term of three years and until his successor is appointed and qualified, except in the case of the first board, whose members shall serve one, twoand three years, respectively, as specified in their appointment. Said board shals, with the approval of the State board of health, prescribe such sanitary rules as it may deem necessary, with particular reference to the precautions necessary to be employed to prevent the creating and spreading of infectious

or contagious diseases. A copy of such rules shall be furnished each person to whom a certificate of registration is granted. Each member of said board shall, before entering upon the discharge of his duties, give a bond in the sum of two thousand dollars, with a surety or sureties to be approved by the secretary of state, conditioned for the faithful performance of his duties, and shall take the oath provided by law for public officers. Vacancies upon said board caused by death, resignation or expiration from any cause of the term of any member thereof shall be filled by appointment from the same class of persons to which

the deceased or retiring member belonged. Organization. Sec. 3. Said board shall elect a president, secretary, and treasurer,

shall have its headquarters at such place in the State as the board may determine, shall have a common seal, and the secretary and president shall have the power to administer oaths. A majority of said board may, in meeting duly assembled, perform the duties and exercise the powers devolving upon said board under the provisions

of this act. Compensation. SEC. 4. Each member of said board shall receive a compensation of

three dollars per day for his services, and also railroad fare and such other traveling expenses as may be necessary in the proper discharge of his duties, and shall be paid out of any money in the hands of the treasurer of the said board. Said board shall also be allowed for such other expenditures and outlays, payable out of the moneys in the hands of its treasurer, as shall be reasonable and proper for the dis

charge of their duties and to carry out the provisions of this act. Reports. Sec. 5. Said board shall report to the auditor of this State at each

of its regular meetings a full statement of the receipts and disbursements of the board during the preceding two years, a full statement of its doings and proceedings, and such recommendations as it may deem proper looking to the better carrying out of the intent and purpose of this act. Any money in the hands of the treasurer of said board at the time of making such report in excess of two hundred and fifty dollars shall be paid over to the State treasurer for the maintenance of the public schools of this State.

SEC. 6. Such board shall hold public examinations at least four times in each year, at such times and places as it may deem advisable; notice of such meeting to be given by publications thereof at least ten days prior to such meetings in at least two newspapers published in

this State, in the locality of such proposed meeting. Registration. Sec. 7. Every person now engaged in the occupation of barber in

this State shall, within ninety days after the approval of this act, file with the secretary of said board an affidavit setting forth his name, residence, and the length of time during which and the place where he has practiced such occupation, and shall pay to the treasurer of said board one dollar, and a certificate of registration entitling him to practice the said occupation for the fiscal year ending January 31, 1904, thereupon shall be issued to him; and the holders of such certificates shall, within thirty days after the expiration of their respective certificate, make application for the renewal of the same, stating the number of expiring certificates, and shall in each case pay to the treasurer of said board the sum of one dollar therefor. For any and every license or certificate given or issued by the board a fee of one

dollar shall be paid by the person receiving the same. Applicants to SEC. 8. Any person not following the occupation of a barber at the

time this act goes into operation, desiring to obtain a qualified certificate of the said occupation in this state, shall make application to said board therefor, and shall pay to the treasurer of said board an examination fee of five dollars, and shall present himself at the next regular meeting of the board for the examination of applicants; whereupon said board shall proceed to examine such person, and, being satisfied

that he is above the age of nineteen years, of good moral character, Requirements. free from contagious or infectious diseases, has either (a) studied the

trade for two years as an apprentice under a qualified and practicing barber, or (6) studied the trade for at least two years in a properly appointed and conducted barber school or college under the instructions of a qualified barber, or (c) practiced the trade in another State for at least two years, and is possessed of the requisite skill in said


pay fee.

trade to properly perform all the duties thereof, including his ability
in the preparation of the tools, shaving, hair cutting, and all the duties
and services incident thereto, and is possessed of sufficient knowledge
concerning the common diseases of the face and skin to avoid the
aggravation and spreading thereof in the practice of said trade, shall
enter his name in the register hereafter provided for, and shall issue
to him a certificate of registration authorizing him to practice said
trade in this State: Provided, That whenever it appears that applicant
has acquired his knowledge of said trade in a barber school or college,
the board shall be judges of whether said barber school or college is
properly appointed and conducted and under proper instructions to
give sufficient training in said trade. All persons making such appli-
cation for examination under the provisions of this act shall be
allowed to practice the occupation of barbering until the meeting for
the next regular examination by the said board, and no longer, and
the secretary shall give him a permit to do so: Provided, however, That
such time may be extended by the board for good cause shown.
Sec. 9. Nothing in this act shall prohibit any person from serving

Apprentices. as an apprentice in said trade under license issued by the board, under a barber authorized to practice the same under this act, nor from serving as a student in any school or college for the teaching of said trade, under the instructions of a qualified barber: Prorided, That in no barber shop shall there be more than one apprentice to two barbers authorized under this act to practice said occupation, but all barber shops having onechair shall be entitled to one apprentice: And provided, That all barber schools or colleges shall keep prominently displayed a sign, "barber college” or “barber school,” and no other sign or signs: Prorided, That all barbers or barber schools or colleges who shall take an apprentice or student shall file immediately with said board the name and age of such apprentice or student, and the said board shall cause the same to be entered in a register kept for that purpose.

Sec. 10. Said board shall furnish to each person to whom a certifi- Card. cate of registration is issued a card or certificate, in such form as it shall adopt, bearing the seal of the board and the signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in this State, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair, where it may be readily seen by all persons whom he may serve.

Sec. 11. Said board shall keep a register, in which shall be entered Register the names of all persons to whom certificates are issued and to whom permits for serving apprenticeship or as students are granted under this act, and said register shall at all times be open to public inspection.

Sec. 12. Said board shall have power to revoke any certificate of Revocation of registration granted by it under this act for (a) conviction of crime, (6) habitual drunkenness, (c) gross incompetency, (d) failure or refusal to properly provide or guard against contagious or infectious disease or the spreading thereof in the practice of the occupation aforesaid, or (e) violation of the rules of the board mentioned in section 2 of this act: Provided, That before any certificate shall be so revoked, the holder thereof shall have notice in writing of the charge or charges against him, and shall at a day specified in said notice, at least five days after the service thereof, be given a public hearing on said charges, and full opportunity to produce testimony in his behalf and to confront the witnesses against him. Any person whose certificate has been so revoked may, after the expiration of ninety days, apply to have the same regranted to him, upon a satisfactory showing that the disqualification has ceased.

Sec. 13. Any person who is engaged in the occupation in shaving Definition. the beard or cutting or dressing the hair for the general public shall be construed as practicing the occupation of barber, and the so said barber or barbers shall be required to fulfill all requirements of this act.

Sec. 14. Any person practicing the occupation of barber without hav- Violation. ing obtained a certificate of registration as provided in this act, or knowingly employing a barber who has not such certificate, or falsely pretending to be qualified to practice as barber or instructor or teacher of said occupation under this act, or failing to keep the certificate or


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or more and a system of water supply or sewerage, shall make application to a board of examiners hereinafter provided for, and shall at such times and place as said board may designate be compelled to pass such examination as to his qualifications as said board may direct. Said examination may be made in whole or in part in writing and shall be of a practical and elementary character, but sufficiently strict to test the qualifications of the applicant.

Sec. 3. There shall be in every city of seven thousand inhabitants or more a board of examiners of plumbers consisting of three members, one of which shall be chairmain of the board of health, who shall be ex officio chairman of said board of examiners; a second member, who shall be a master plumber; and a third member, who shall be a journeyman plumber. Said second and third members shall be appointed by the mayor and approved by the council of said city within three months after the passage of this act, for the term of one year from the 1st day of May in the year of appointment, thereafter annually before the 1st day of May, and shall be paid from the treasury of said city the same as other officers, in such sum as the authorities may desiguate.

Sec. 4. Said board of examiners shall, as soon as may be after their appointment, meet, and shall then designate the times and places for examination of all applicants desiring to engage in or work at the business of plumbing within their respective jurisdiction. Said board shall examine said applicants as to the practical knowledge of plumbing, house drainage, and plumbing ventilation, and, if satisfied of the competency of such applicants, shall thereupon issue a certificate to such applicant authorizing him to engage in or work at the business of plumbing, either as master plumber or employing plumber or as a journeyman plumber. The fee for a certificate for a master plumber or employing plumber shall be five dollars; for a journeyman plumber, it shall be two dollars. Said certificate shall be valid and have force throughout the State, and all fees received for said certificates shall be paid into the treasury of the city where such certificates are issued.

Sec. 6. All persons who are required by this act to take examinations and procure a certificate as required by this act shall apply to the board in the city where they reside, or to the board nearest their place of residence.

Sec. 7. Any person violating any provision of this act shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five dollars nor exceeding fifty dollars for each and every violation thereof.

Place of examination.




Local or special laws regulating labor, etc., not to be passed.

Certain laws

SECTION 59. The general assembly shall not pass local or special forbidden.

acts concerning any of the following subjects, or for any of the following purposes, namely:

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Commissioner of agriculture, labor and statistics. Commissioner SECTION 91. A * * commissioner of agriculture, labor and of agriculture, statistics,

shall be elected by the qualified voters of the etc.

State at the same time the governor is elected, for the term of four
years, * [who] shall be at least thirty years of age at the
time of his election, and shall have been a resident citizen of the
State at least two years next before his election. The duties of *
[this officer) shall be such as may be prescribed by law,



* *


Time to vote to be allowed employees. SECTION 148. *

The general assembly shall provide by Four hours to law that all employers shall allow employees, under reasonable regu

be allowed. lations, at least four hours on election days, in which to cast their votes.

Right of action for injuries causing death.

SECTION 241. Whenever the death of a person shall result from an

Death caused injury inflicted by negligence or wrongful act, then, in every such by negligence. case, damages may be recovered for such death, from the corporations and persons so causing same. Until otherwise provided by law, the action to recover such damages shall in all cases be prosecuted by the personal representative of the deceased person. The Who may sue. general assembly may provide how the recovery shall go and to whom belong; and until such provision is made the same shall form part of the personal estate of the deceased person.

This does not give a right of action against an employer for the death of an employee caused by the negligence of a fellow-servant of equal grade in the same department. A conductor temporarily acting as brakeman is still of equal rank with a locomotive engineer so that he can not recover of the company for injuries received from the engineer's negligence. 54 S. W. Rep. 184.

Employment of children. SECTION 243. The general assembly shall, by law, fix the minimum Employment ages at which children may be employed in places dangerous to life or of children to be health, or injurious to morals; and shall provide adequate penalties for violations of such law.

Payment of wages. SECTION 244. All wage-earners in this State employed in factories, Wages to be mines, workshops, or by corporations shall be paid for their labor in paddeln lawful lawful money. The general assembly shall prescribe adequate penalties for violations of this section.

(See section 1350, Statutes of 1894, below.)


Punitive dam

CHAPTER 1.- Right of action for injuries causing death. SECTION 6. Whenever the death of a person shall result from an in- Death cansed jury inflicted by negligence or wrongful act, then in every such case, by negligence. damages may be recovered for such death from the person or persons, company or companies, corporation or corporations, their agents or servants, causing the same, and when the act is willful or the negligence is gross, punitive damages may be recovered, and the action to recover such damages shall be prosecuted by the personal representa- nges, when, tive of the deceased. The amount recovered, less funeral expenses Damages exand the cost of administration, and such costs about the recovery, in- empt. cluding attorney fees as are not included in the recovery from the defendant, shall be for the benefit of and go to the kindred of the deceased. *

The common law action for suffering of the deceased, death not being immediate, will

bar an action under this statute to recover for loss of life. 12 Bush 144. In the absence of gross, wanton, or willful negligence, damages should be compensatory only, and not punitive. '4 Bush 593.

If defendant was guilty of gross neglect, both compensatory and punitive damages may be awarded. 15 R. 199. Proof of ages and number of children of deceased is admissible. 7 Bush 235.

Where neglect is not willful and death results instantly, the damages are confinec to the value of the decedent's power to earn money. 9 Bush 728.

(See also section 241 of the Constitution, and note.)


CHAPTER 4.-Bureau of agriculture, labor, and statistics. Section 31. A bureau of agriculture, labor and statistics is estab- Bureau established, and shall be under the management of an officer, who shall be

H. Doc. 733, 58-2-27


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