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Said board shall hold public examination at least four (4) Examinatimes a year in cities of over fifty thousand (50,000) inhabitants tions. successively at such times as it may determine, and shall give notice of such meetings by publication thereof at least twenty (20) days before such meeting is to be held.
ACTS OF 1901.
CHAPTER 151.-Free public employment offices.
SECTION 1. Any city of this State having over fifty thousand in
cities habitants is hereby authorized and empowered to establish, main- may establish. tain, conduct and operate employment offices for the purpose of securing employment for others, or procuring or furnishing employees for others, and to provide by ordinance or otherwise for the regulation, management, maintenance and control of the same by such city, and for conducting the business of such employment offices.
CHAPTER 165.--Repayment of advances made by employers.
SECTION 1. Every employee who, with intent to defraud, shall Accepting accept or receive transportation provided by or at the instance or with intent to expense of his employer, from any point in this State to or in the defraud. direction of the place where he has contracted to perform labor for, or render services to such employer, or who shall knowingly, and with intent to defraud, accept or receive the benefit of any other pecuniary advancements made by or at the instance and cost of his employer, under an agreement on the part of such employee to perform labor or render services in repayment of the cost of such transportation or of such other benefits, shall be deemed and adjudged guilty of a misdemeanor, if he shall neglect or refuse to Misdemeanor. render services or perform labor of an equal value to the full amount paid for such transportation or other benefits; or shall neglect or refuse to pay such employer in money the amount paid therefor. The value of the services to be rendered, or labor to be performed, shall be determined by the price agreed to be paid therefor by such employer under his contract with the employee.
The failure or refusal of any such employee to perform such labor or to render such services in accordance with his contract, or to pay in money the amount paid for such transportation or other benefits, shall be prima facie evidence of his intent to defraud.
SEC. 2. Every person found guilty of such misdemeanor shall Penalty. be punished by a fine not exceeding twenty-five dollars ($25) and by imprisonment of not less than ten (10) nor more than sixty (60) days.
CHAPTER 194.-Anti-trust act-Labor organizations erempt.
zations not this act.
CHAPTER 195.-Examination and licensing of operators of passen
SECTION 1. No person shall hereafter run or operate any passen- Registry ger elerator in any city having a population of over fifty thousand quired. (50,000) of this State until he shall have been duly registered and licensed to run passenger elevators as hereinafter provided. SEC. 2 (as amended by chapter 45, Acts of 1902). Before any
Examination. person shall hereafter engage in running or operating any passenger elevator in any city of this State having a population of over fifty thousand, he shall register his name and place of residence with the building inspector, or if none the city engineer of said city in a book to be provided and kept by said building inspector, or, if none, the city engineer for the purpose, and shall submit to
an examination by and before said building inspector, or, if none, the city engineer, as to his age and knowledge of the mechanical construction and principal parts of passenger elevators, and as to his practical experience in operating the same, and his ability and competency to properly operate such passenger elevator and machinery, and shall make an application to said building inspector, or, if none, the city engineer for a license to operate passengers [sic] elevators. Such examination shall be held within ten days after such application, or at such other time as may be fixed by the building inspector, or if none, the city engineer : Provided, That nothing herein contained shall prevent any person who has made such application from running or operating any passenger
elevator until such examination is held as so required. Certificate. If such building inspector, or, if nore, city engineer shall, upon
due and thorough examination, find that such applicant for license as aforesaid is possessed of sufficient knowledge, skill and ability to properly operate and run passenger elevators with safety to passengers therein, said building inspector, or, if none, city engineer shall issue to such applicant a license certificate stating that upon due and thorough examination they find that the licensee therein named is possessed of sufficient knowledge, skill and abil. ity, and is competent to properly operate and run passenger elevators with safety to passengers therein, and duly licensing such applicant to operate and run passenger elevators in cities of this
State having a population of over fifty thousand. Term of li- All licenses issued under this act shall expire one year after
the date of issuing the same. Said building inspector, or, if none, city engineer, shall not issue such license to any person not possessing the qualifications, knowledge, skill and ability to properly
operate passenger elevators hereinbefore specified; every person License to be licensed to operate passenger elevators shall keep his license conposted.
spicuously posted in the carriage of the elevator which he operates :
Provided, That before any license is issued the applicant shall pay Fee.
to the authority issuing the same a fee of twenty-five cents, which shall be used only for the payment of incidental and necessary
expenses. Employing SEC. 3. No owner, agent, occupant or other person having unlicensed op- charge of any building in any city of this State, having a populaerators.
tion of over fifty thousand shall procure, employ or permit, or cause to be procured, enployed or permitted, any person not duly licensed as herein provided to operate or run any passenger elevator or elevators in any such buildings of which such owner,
agent, occupant or other person having (has] charge or control. Penalty.
SEC. 4. Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine not to exceed one hundred dollars, or upon default in the payment of such fine, by imprisonment not to exceed ninety days.
CHAPTER 310.—Hours of labor on public works. Eight hours
SECTION 1. The service of all laborers, workmen and mechanics a day's work.
employed upon any public works of, or work done for the State of Minnesota, whether said work is done by contract or otherwise, shall be, and is hereby limited, and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the State, or any person acting for or on behalf thereof, or any contractor or subcontractor for any part of any public works of, or work done for such State, or any persons, corporation, or association whose duty it shall be to employ or to direct and control the services of such laborers, workmen or mechanics, or who has in fact the direction or control of the services of such laborers, workmen or mechanics to require or permit them or any of them to labor more than eight hours in any one calendar day and except in cases of extraordinary emergency caused by fire, flood or danger to life and property, and except to work upon publie, military or naval works or defenses in time of war, except in cases of employment of labor in agricultural pursuits : Provided, That nothing Exception. herein contained shall be construed to apply to the employment of labor on work now in progress, whether contracted for or not.
SEC. 2. Each and every contract to which the State of Minne- Contracts to sota is hereinafter a party, and every contract made for, or on stipulate. behalf of the said State, which contract may involve the employ. ment of laborers, workmen or mechanics, shall contain a stipulation that no laborer, workman or mechanics in the employ of the contractor or any subcontractor doing or contracting to do any part of the work contemplated by the contract, shall be required or permitted to work more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property, and except to work upon public, military or naval work, or defenses in time of war, and except in cases of employment of labor in agricultural pursuits, and each and every such contract shall stipulate a penalty for such violation of the stipulation directed by this act, of ten (10) dollars for each laborer, workman or mechanic, for each and every calendar day in which he shall labor more than eight hours, and the inspector or officer, or person whose duty it shall be to see that the provisions of any such contract are complied with, shall report to the proper officer of such State, all violations of the stipulation in this act, provided for in each and every such contract, and the amount of the penalites [ penalties] stipulated in any such contract shall be withheld by the officer or person whose duty it shall be to pay the moneys due under such contract, whether the violations for which such penalties were imposed by contractor, his agents or employees, or any subcontractor, his agents or employees, no person, on behalf of the State of Minnesota shall rebate or permit [remit] any penalty imposed under any stipulation herein provided for, unless upon a finding which he shall make up and certify that such penalty was imposed by reason of an error of fact. Nothing in this act shall be construed to authorize the collection of said penalty from the State. This act shall not apply contract to any contract work done for any town or county in this State. work. Sec. 3. Any officer of the State of Minnesota, or any person act
Penalty. ing for, or on behalf thereof, who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and be subject to a fine or imprisonment, or both, at the discretion of the court, the fine not to exceed five hundred dollars ($500), nor the imprisonment more than one year. Nothing in this act shall be construed to apply to work or labor in constructing or repairing roads or highways.
ACTS OF 1903.
CHAPTER 69.—Hours of labor of locomotive engineers and firemen.
SECTION 1. On all lines of steam railroads or railways operated Nine hours' in whole or in part within this State the time of labor of locomo- rest to be al
lowed, when. tive engineers or locomotive firemen employed in running or operating the locomotive engines on or over such railroads or railways shall not at any time exceed fourteen (14) consecutive hours without an opportunity be given them for rest. At least nine (9) hours, or as many hours less than nine (9) as is asked for by said engineers or firemen, shall be allowed them for rest before said engineers or firemen are again ordered or required to go on duty : Provided, however, That nothing in this section shall Proviso. be construed to allow any engineer or fireman to desert his locomotive in case of accident, storms, wrecks, washouts, snow blockades or any unavoidable delay arising from like causes, or as prohibiting said engineers or firemen from working longer if they do not object.
SEC. 2. Any railroad company or superintendent, chief dis- Violation. patcher, train master, master mechanic or other railroad or railway official who shall order or require any locomotiye engineer or
H. Doc. 733, 58-2- -40
locomotive fireman to labor contrary to the provisions of section one (1) of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than twenty-five (25) dollars or more than one hundred (100) dollars. or by imprisonment for not less than thirty (30) days or more than sixty (60) days; and all railroad or railway corporations operating lines of railways or railroads, in whole or in part in this State, shall be liable for all injuries to said engineers or firemen resulting from their being required to labor contrary to the provisions of section one (1) of this act.
CHAPTER 393.—Employment of labor-Blacklisting-Participation
SECTION 1. It shall be unlawful for any individual or corporaemployment. tion or member of any firm, or any agent, officer or employee of
any company or corporation to contrive or conspire to prevent any person from obtaining or holding employment, or to discharge, or to procure or attempt to procure a discharge of any person from any employment by reason of such person having engaged
in any strike. Statements SEC. 2. It shall be unlawful for any individual or corporation, as to strikes. whether acting for himself directly or through another person,
agent or agency, or whether acting as agent or employee of another person or persons, or as a member of any firm, or as an officer, agent or employee of any company or corporation, to require from any person, as a condition to any contract of employment, any written statement as to his participation in any strike, or any written statement as to his personal record, except as to conviction for crime or misdemeanor, for a period of more than one year immediately preceding the date of making application for such employment, and the use or requirement by any such individual or corporation acting in any of the capacities aforesaid of blanks or forms of application for employment in
contravention of the provisions of this act are hereby forbidden. Penalty. Sec. 3. Any violations of any of the provisions of this act shall
be deemed a misdemeanor and shall be punishable by a fine not exceeding $100, or by imprisonment in the county jail for a period not exceeding three months.
CHAPTER 397.-Protection of employees on buildings-Elevator
SECTION 1. If any contractor, person, firm, or corporation use or causes to be used any elevating machines or hoisting apparatus in the construction or building of any building or other structure for the purpose of lifting or elevating materials to be used in such construction, such contractor, person, firm or corporation engaged in construction [of] such building shall cause the shafts or openings in each floor to be enclosed or fenced in on all sides by a barrier of suitable material at least four feet high : Providing, however, That this bill shall not apply in any way to mining operations.
SEC 2. Any contractor, person, firm or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and shall be fined not less than twenty-five dollars nor more than one hundred dollars.
ARTICLE 7.-Protection of employees as voters, etc.
Laws to be SECTION 191. The legislature shall provide for the protection of passed.
the employees of all corporations doing business in this State from interference with their social, civil, or political rights by said corporations, their agents or employees.
ARTICLE 7.-Liability of railroad companies for injuries to
SECTION 193. Every employee of any railroad corporation shall Negligence of have the same right and remedies for any injuries suffered by superiors; him from the act or omission of said corporation or its employees, as are allowed by law to other persons not employees, where the injury results from the negligence of a superior agent or officer, or of a person having the right to control or direct the services of the party injured, and also when the injury results from the neg- Of fellow-serligence of a fellow-servant engaged in another department of vants. labor from that of the party injured, or of a fellow-servant on another train of cars, or one engaged about a different piece of work. Knowledge by any employee injured, of the defective or unsafe character or condition of any machinery, ways, or appliances, shall be no defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars, or engines voluntarily operated by them. Where Death. death ensues from any injury to employees, the legal or personal representatives of the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any contract or agreement, express or implied, Contracts made by any employee to waive the benefit of this section shall waiving bene
fits. be null and void; and this section shall not be construed to deprive any employee of a corporation or his legal or personal representative, of any right or remedy that he now has by the law of the land. The legislature may extend the remedies herein provided for to any other class of employees.
A railroad company is liable for the death of a locomotive fireman occasioned by the negligence of a telegraph operator. Action for injuries resulting in death must be brought by the executor or administrator of the decedent. 70 Miss. 471.
A brakeman on a train acting on the signal of the engineer to apply brakes, and injured by the engineer's negligence can not hold the company liable. While thus engaged in routine duties the engineer is not the superior of the brakeman within the meaning of this section. 70 Miss. 527.
A brakeman hurt while uncoupling a car without the use of a stick, in violation of a rule of the company, though acting in obedience to the order of his superior, the conductor, can not maintain an action under this section. 15 So. Rep. 133.
This section abolishes the defense of contributory negligence unless it be willful or reckless. 70 Miss. 20.
The provision that knowledge of defects shall not be a defense does not preclude such knowledge as a fact controlling the degree of care to be exercised by the employee under the circumstances from being admissible to show contributory negligence. 18 So. Rep. 449.
This section is self-executing. Rights accruing thereunder are enforceable outside the State. 75 Fed. Rep. 873.
REVISED CODE OF 1892.
SECTION 663 (as amended by chapter 65, Acts of 1898). 1. When
Death caused ever the death of any person shall be caused by any real, wrong- by negligence, ful or negligent act, or omission, or by such unsafe machinery, etc. way or appliances, as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children, or both, or husband, or father, or mother or sister, or brother, the person or corporation, or both, that would have been liable if death had not ensued, and the representative of such person shall be liable for damages, notwithstanding the death, and the fact that death is instantaneous, shall, in no case, affect the right of recovery. The action for such damages may be brought in the name of the widow for the death of the husband, or by the husband for the death of the wife, or by a parent for the death of a child, or in the name of a child for the death of a parent, or by a brother for the death of a sister, or by a sister for the death of a brother, or by a sister for the death of a sister, or a brother for the death of a brother, or all parties