CHAPTER 29.Intorication of railroad employees.

Intoxication SECTION 1275. If any person, while on duty in charge of a locoof engineer, motive engine running or standing upon any railroad, or if any

conductor in charge of a car or train on any railroad, shall be intoxicated, he shall, on conviction, be imprisoned in the penitentiary not less than one year nor more than fifteen years.

CHAPTER 29.-Negligence of railroad employees. Misplacing switch.

SECTION 1279. If any brakeman, switchman, or other person in charge of any switch, shall willfully or carelessly leave the same open or improperly placed, whereby any person shall be killed or injured, he shall, on conviction, be imprisoned in the penitentiary not more than fifteen years.

CHAPTER 29.—Sunday labor. Sunday labor Section 1291. If any person, on the first day of the week, comforbidden.

monly called Sunday, shall himself labor at his own or any other trade, calling, or business, or shall employ his apprentice or servant in labor or other business, except it be in the ordinary household offices of daily necessity, or other work of necessity or charity, he shall, on conviction, be fined not more than twenty

dollars for every offense, deeming every apprentice or servant so Exceptions. employed as constituting a distinct offense; but nothing in this

section shall apply to labor on railroads or steamboats. Trading on. SEC. 1292. A merchant, shopkeeper, or other person, shall not Sunday.

keep open store, or dispose of any wares or merchandise, goods or chattels, on Sunday, or sell or barter the same; and every person so offending shall, on conviction, be fined not more than twenty dollars for every such offense; but this shall not apply to apothecaries or druggists who may open their stores for the sale of medicines.

CHAPTER 45.-Eremption of wages from garnishment.


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SECTION 1963. Tenth.And the following property shall be exempt from garnishment or other legal process, to wit:

(a) The wages of every laborer or person working for wages, being the head of a family, to the amount of one hundred dollars, and every other person to the amount of twenty dollars.

A person contracting to do a piece of work for a fixed sum and employing laborers to work under him, is not within the provisions of this statute, though he does a part of the labor himself. 18 So. Rep. 934.

A laborer can not be made to lose the right given by this section by the failure of the garnisheed debtor to plead the exemption. 31 So. Rep. 965.

This law can not be evaded by holding monthly balances until an aggregate exceeding $100 is reached. The laborer has a right to bis exemption at the end of each month unless his earnings exceed $100, 18 So. Rep. 918.

CHAPTER 49.-Factories and workshops-Doors to swing outwardly.

Doors to open

SECTION 2088. All the doors for ingress and egress to outwardly. factories with more than twenty employees

shall be so swung as to open outwardly from the

workshops; but such doors may be hung on double-jointed hinges, so as to open

with equal ease outwardly or inwardly. Penalty. SEC. 2093. Any architect, carpenter, or builder, or the owner or

other person, who may hereafter erect or cause to be erected, or aid in erecting, any hotel or other house or structure for the construction of which provisions are made in this chapter, who shall refuse or fail to comply in the erection or construction thereof, with such provisions, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding five hundred dollars.

SEC. 2094. Every day's omission or failure by any person to do Separate ofwhatever under the provisions of this chapter is required to be fenses. done or provided, shall be considered and treated as a separate offense.

CHAPTER 65.Insurance law-Labor organizations exempt.

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SECTION 2323 (as amended by chapter 51, Acts of 1900).

Mechanics, This act (regulating insurance companies) shall not affect or apply etc., associato any association of

mechanics, express, tele

tions exempted. graph or railroad employees

formed for mutual benefit of the members thereof and their families exclusively.


CHAPTER 112.-Safety appliances on railroadsTelltales.



SECTION 3553. At each point where a railroad track passes under a bridge or other overhanging object, the railroad company shall quired. erect, or cause to be placed, at a distance of not less than one hundred feet, nor more than two hundred and fifty feet, from the bridge or other overhanging object, and on both sides thereof, the contrivance usually called “warning-strings; " to be constructed by stretching a wire or rope across the track at least four feet higher than the lowest projection of the bridge or other overhanging object, and suspending therefrom, over the track and for two feet on either side thereof, loose strings or ropes to extend down at least one foot lower than the lowest projection of the bridge or other overhanging object, and to be not more than three inches apart, so as to warn brakemen and others on top of the cars if they be in danger from the bridge or other overhanging object. For a failure to comply with this section, a railroad company shall Failure to be liable for any injury or death caused by the bridge or other comply. overhanging object, notwithstanding the contributory negligence of the person injured or killed, and shall also be liable to a penalty of one hundred dollars a month for each bridge or other overhanging object not so provided, to be recovered by the county at the suit of any person who will sue for the same.

CHAPTER 134.--Accidents on railroads-Reports.


SECTION 4307. It is the duty of the conductor and engineer, or Conductor to one of them, of any railroad train to which an accident has hap- report accipened, attended with delay or serious personal injury, to immediately telegraph the same to the clerk of the railroad commission, at the capitol, or, if they be not at a telegraph office when such accident occurs, as soon thereafter as they can reach such office. And it shall be the duty of the superintendent of every railroad Duty of suwhose train has suffered any such accident, within five days there- perintendent. after, to report in writing to the railroad commission the full particulars thereof, giving the names of the persons killed or injured, if known, and amount and character of property destroyed, together with the cause of the accident. It is the duty of the railroad to require such duties to be performed; and if any railroad whose train has suffered any such accident shall fail to cause its conductor, engineer, and superintendent to perform such duties, it shall be guilty of a misdemeanor, and shall be punished, on conviction, by a fine of not less than one hundred dollars.

CHAPTER 134.-Safety appliances on railroads-Automatic couplers.


tion of

SECTION 4317. The railroad commission shall recommend to the Recommendaseveral railroads the adoption of uniform automatic car couplers ; and when any such appliances shall have been required by Congress to be used in interstate commerce, the commission is authorized to require railroads in this State to comply with the requirements, as concerns domestic commerce, within a reasonable time.


CHAPTER 70.-Intimidation of employees, etc.

M a king SECTION 1. Any person or persons who shall, by placards, or threats, etc.

other writing, or verbally, attempt by threats, direct or implied, of injury to the person or property of another, to intimidate such other person into an abandonment or change of home or employment, sball, upon conviction, be fined not exceeding $500 or imprisoned in the county jail not exceeding six months, or in the penitentiary not exceeding five years, as the court, in its discretion, may determine.

CHAPTER 71.-Payment of wages due deceased employees.

Το whom SECTION 1. When any employee shall die leaving wages due him wages shall be to an amount not exceeding two hundred dollars, it shall be lawpaid.

ful for the employer after sixty days to pay said wages to the wife of said deceased employee, if he leave a wife surviving him; and if he shall leave no wife surviving him, then to his children, if adults; and if he shall leave no children and no wife surviving him, then to his father; and if he shall leave no wife, or children or father surviving him, then to his mother; and if he shall leave no wife, or children, or father or mother surviving him, then to his brothers and sisters, if adults; and if such employee shall have left no wife, or children, nor brothers nor sisters, nor father nor mother surviving him, or if any of his children surviving him shall be minors, or if any of his brothers or sisters surviving him entitled to inherit shall be minors, then it shall be lawful for said employer to pay said wages to the chancery clerk of the county in which said employee resided at the time of his

death, or of the county where he died. Duty of cban- SEC. 2. Where such wages are paid to the chancery clerk as cery clerk. provided in the first section of this act, it shall be the duty of the

chancery clerk to pay that portion of the wages of such employee which may belong to the adult children or brothers and sisters of such deceased employee and to report to the next term of the chancery court who are the minor brothers or sisters or children of said employee and how much is coming to each one of the heirs of said employee, and thereupon the chancery court shall enter an order upon the probate minutes of the court directing the payment by the chancery clerk of the shares of such minor children or brothers and sisters of such deceased employee. In any case where the employer shall pay such wages to the chancery

clerk, he shall be discharged from all further liability. Liability

Sec. 3. The clerk and the sureties on his official bond shall be liable for the faithful performance of the duties imposed upon him by this act, and for faithfully accounting for any and all sums of money as shall be paid to him under this act, and shall receive commissions now allowed by law to administrators and executors for collecting and distributing moneys belonging to the estate of a decedent.

ACTS OF 1900.



CHAPTER 101.—Contract of employment-Notice of previous


Leaving em SECTION 1. Any laborer, renter or share cropper who has conployment. tracted with another person for a specified time in writing, not

exceeding one year, who shall leave his employer or the leased

premises before the expiration of his contract without the consent New contract. of the employer or landlord, and makes a second contract without

giving notice of the first to said second party, shall be guilty of a misdemeanor, and on conviction shall be fined not exceeding fifty dollars.



CHAPTER 1.-Wages preferred-In administration.

SECTION 181. All demands against the estate of any deceased Demands person shall be divided into the following classes :

classified 1. Funeral expenses.

II. Expenses of the last sickness, wages of servants and demands for medicine and medical attendance during the last sickness of the deceased.

SEC. 210. All deinands against any estate shall be paid by the Order of pay. executor or administrator, as far as he has assets, in the order ment. in which they are classed; and no demand of one class shall be paid until all previous classes be satisfied; and if there be not sufficient to pay the whole of any one class, such demands shall be paid in proportion to their amounts.


CHAPTER 3.—Eremption of wages from attachment.



no property or wages declared by statute Nonresident to be exempt from execution shall be attached, except in the case

defendants. of a nonresident defendant, or of a defendant who is about to move out of the State with intent to change his domicile.

CHAPTER 12.—Payment of wages.

SECTION 1006. All corporations shall make payment to their Wages a prior employees and other operatives, of wages due for all labor and claim. services performed by them, within three months next preceding a demand made therefor, not exceeding one hundred dollars, in preference to any other claim, debts or demands whatsoever, not secured by specific liens on property; and such priority of payment may be enforced by civil action. Payment of wages shall be Monthly pay made on or before the fifteenth day of each month for the full day. amount of all wages earned previous to the first day of that month, with interest at six per céntum. If not paid, to be added to the amount of said wages when paid or recovered by suit. All debts due employees or operatives for wages of their labor shall have priority of payment from the money and assets of the corporations in the hands of officers or agents, or any receiver or assignee, over every other claim not specifically secured. Every corporation, officer, agent, receiver, assignee, or person holding money or assets, refusing to recognize the priority of employees' claims, shall be liable to such employees for the amount of all loss and damages occasioned by his unlawfully withholding the money.

The president of a corporation voluntarily paying its employees with his own money is not subrogated to their rights. 126 Mo. 393.

An employee of a corporation can not recover his wages of a sheriff holding its assets by attachment. 69 Mo. App. 34.

CHAPTER 12.-Employment of labor-Notice of reduction of wages.

SECTION 1009. Any railway, mining, express, telegraph, manu

Notice of refacturing or other company or corporation doing business in this duction of

wages. State, and desiring to reduce the wages of its employees or any of them, shall give to the employees to be affected thereby thirty days' notice thereof. SEC. 1010. Such notice may be given by posting a written or

notice printed handbill, specifying the class of employees whose wages may be given. are to be reduced and the amount of the reduction, in a conspicuous place in or about the shops, station, office, depot or other place where said employees may be at work, or by mailing each employee a copy of said notice or handbill, and such company or


corporation violating any of the provisions of the preceding section shall forfeit and pay each party affected thereby the sum of fifty dollars, to be recovered by civil action in the name of the injured party, with costs, before any court of competent jurisdiction.

SEC. 1011. Nothing contained in this article shall be construed to extend to any county or township, or to any public university, academy, minary or school incorporated by the laws of this State.

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CHAPTER 12.-Liability of railroad companies for debts of contract

ors for labor, etc. Company 11- SECTION 1057. Whenever any contractor for the construction of able to laborers, etc., when any part of a railroad which is in process of construction, or any

contractor for the repairing of any part of a railroad, shall be indebted to any subcontractor or laborer, or other person, who shall do or perform any work or labor upon or furnish any materials for said road, such subcontractor or laborer, or other person, may give notice of such indebtedness to said company in the manner hereinafter provided; and said company shall thereupon become liable to pay such subcontractor or laborer, or other

person, the amount so due, and action may be maintained against Notice. said railroad therefor; such notice shall be given by said sub

contractor, laborer or other person, within twenty days after the performance of the labor or work, or the delivery of the materials, for which the claim is made; such notice shall be in writing, and shall state the amount and number of days labor or work, and the amount, description and quantity of materials furnished and the time when the said labor or work was performed, and the time when the said materials were furnished, for which the claim

made, and the name of the contractor from whom due, and shall be signed by such subcontractor, laborer or other person, or their attorney, and shall be served on an engineer, agent or other person employed by said company having charge of the section of the road on which said labor or work was performed, or such material furnished, personally, or by leaving said notice in the office or usual place of business of such engineer, agent or person having charge, with some person over fifteen years of age; but no aotion shall be maintained against any company under the provisions of this section, unless the same be commenced within ninety days after notice is given to the company by such subcontractor or laborer, as above provided.

Service of notice of claims upon station agents of a nonresident railroad company is service upon the company within the requirements of

The notice within twenty days does not relate to the enforcement of a lien but to the establishment of a personal liability against the company. 70 Mo. 161. CHAPTER 12.--Safety appliances on railroads-Blocking of frogs,

switches, and guard rails.

this statute.




Switches,etc., SECTION 1123. All companies or corporations, lessees or other to be blocked. persons, owning or operating any railroad or part of railroad in this State, are hereby required

to adopt, put in use and maintain the best known appliances or inventions to fill or block all switches, frogs and guard rails on their roads, in all yards, divisional and terminal stations, and where trains are made up, to prevent as far as possible the feet of employees or other persons from being caught therein. Any company or corporation, lessees or other person, owning or operating any railroad or part of railroad in this State, who shall fail to do any act or thing in this section required to be done, or shall cause any act or thing not to be done, or shall aid or abet any such omission, shall be deemed guilty of a violation of this law, and shall forfeit and pay the sum of ten dollars ($10) for every such offense, and each day

shall constitute a separate and distinct offense. Damages, Sec. 1125. When any employee or other person shall be maimed

or killed, by reason of the noncompliance with the provisions of

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