other forms of advertisement, announcing that goods manufactured by members of such associations or unions, are as manufac

tured. Use of coun- Sec. 3550. Any and all persons using such union or association terfeits, etc.

trade-marks, labels, or advertisements, whether exactly like such labels, trade-marks, or advertisements or not, if with the intention to, or likely to deceive the public, and every person who shall use any counterfeited label, trade-mark, or form of advertisement of such unions or associations, knowing the same to be counterfeited, after having been notified in writing by the owner thereof,

or his or its agents that the same is counterfeited, shall be guilty Penalty. of a misdemeanor, punishable by imprisonment for not less than

three (3) months nor more than one (1) year, or by a fine of not less than one hundred (100) dollars, nor more than five hundred (500) dollars, or both: Provided, That such notice in writing contains a copy, counterpart, or facsimile of such genuine label, trade

mark or forms of advertisement. Copies to be SEC. 3551. Every such association or union adopting a label, filed.

trade-mark, or form of advertisement as aforesaid, shall file the same in the office of the secretary of state, who shall, under his hand and seal, deliver to the association or union filing the same, a certificate of record, for which he shall receive a fee of twenty

five (25) cents. En joining SEC. 3552. Every such association or union adopting a label, use of counter-trade-mark, or form of advertisement as aforesaid, may proceed, feits.

by suit in the courts of this State, to enjoin the manufacture, use, display, or sale of any such counterfeits, and all courts having jurisdiction thereof shall grant an injunction to restrain and prevent such manufacture, use, display, or sale, and shall award the complainants such damages resulting from such wrongful use as may be proved, and shall require the defendants to pay to the party injured the profits derived from such wrongful use, or both profits and damages; and the court shall also order all such counterfeits, in the possession, or under the control of the defendant in such case to be delivered to an officer of the court or to the

complainant, to be destroyed. Unauthorized Sec. 3553. In like manner such unions or associations shall be

authorized to proceed against all persons who shall wrongfully use, or display the genuine labels, trade-marks, or forms of advertisements of the respective associations or unions not being authorized by such associations or unions to use or display the same.

CHAPTER 53.-Earnings of married women.


Earnings SECTION 3662.

The earnings of any married woman, separate prop- from her trade, business, labor, or services, shall be her sole and erty.

separate property, and may be used and invested by her, in her

own name.

CHAPTER 54.-Security for wages of employees on public works

Contractor's bond.

Bond to be SECTION 3683. It shall be the duty of the board of public lands required.

and buildings, boards of county commissioners, the contracting board of officers of all cities and villages and all public boards now or hereafter empowered by law to enter into a contract for the erecting and finishing, or the repairing of any public building, bridge or other public structure to which the general provisions of the mechanics' lien laws do not apply and where mechanics and laborers have no lien to secure the payment of their wages, to take from the person or corporation to whom the contract is awarded a bond with at least two good and sufficient sureties conditioned for the payment of all laborers and mechanics for labor that shall be performed in the erecting, furnishing or repairing of the building or in performing the contract said bond shall be to the board awarding the contract; and no contract shall be entered into by such board until the bond herein provided for bas been filed with and approved by said board. The said bond shall Who may sue be safely kept by the board making the contract and may be sued on bond. on by any person entitled to the benefit of this act. The action shall be in the name of the party claiming the benefit of this act.

The sureties on the contractor's bond are liable to a subcontractor. 47 Nebr. 816.

To insert a covenant in a contract for the erection of a public building, requiring the contractor to agree under bond to settle with laborers and material men, is within the power of the State. 34 Nebr. 220.

CHAPTER 72.- Protection of employees on street railwaysInclosed


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SECTION 4044a. * It shall be unlawful for any person, Platforms to partnership or corporation, owning or operating a street railway be inclosed,

when in this State, or for any officer or agent thereof, superintending or having charge or control of the management of such line of railway, or the cars thereof, operating electric, cable or other cars propelled either by steam, cable or electricity, which require the constant services, care or attention of any person or persons upon the platforms of such cars, to require or permit such services, attention or care of any of its employees or any other person or persons between the first day of November and the first day of April thereafter of each year, unless such person, partnership or corporation, its said officers or superintending or managing agents, have first provided the platforms of said caror cars with a proper and sufficient inclosure, constructed of wood, iron and glass, or similar suitable material sufficient to protect such employees from exposure to the winds and inclemencies of the weather: Provided, That such inclosure shall be so constructed as not to obstruct the vision of the person operating such car, or to endanger or interfere with its safe management by the operator.

SEC. 4044b. * * It shall be unlawful for any such person, Cars not to partnership or corporation so owning or operating street railways be used with. using steam, electric or cable cars, or any superintending or man

out inclosure. aging officer or agent thereof, to cause or permit to be used upon such line of railway between said November first and April first of each and every year thereafter, any car or cars upon which the services of any employee, such as is specified in section one (1) of this act [sec. 4044a) is required, unless said car or cars shall be provided with the inclosure required by section one (1) of this act [sec. 404a).

SEC. 4044c. Violations of this act shall be punished as follows: Penalty. If the violation is by a corporation it shall forfeit and pay the sum of one hundred ($100) dollars; if the violation is by a person or a copartnership such offender shall be punished by a fine of not to exceed one hundred dollars ($100) or be imprisoned in the county jail not to exceed three months. Each day that any of said person or persons, partnership or corporation, cause or permit any of their said employees to operate such cars in violation of the provisions of sections one (1) and two (2) of this act [secs. 4044a and 4044b), or cause or permit cars to be used or operated in violation of said section two (2) of this act (sec. 4044b), shall be deemed a separate offense: Provided, That the provisions of this act shall not apply to cars used and known as trailing


SEC. 4044d. It is hereby made the duty of the county attorney of Enforcement. any county in which any such street railway is situated and operated, upon any information given hiin by any credible person, or upon the knowledge that he may possess, that any person, partnership or corporation has violated any of the provisions of this act, to promptly prosecute such person, members of such partnership or corporation for such violation.

H. Doc. 733, 58–246

CHAPTER 78.Employment of intemperate drivers on public con

veyances. Intemperate SECTION 4562. No person owning any carriage, running or traveldrivers not to ing upon any road in this State, for the conveyance of passengers, be employed.

shall employ, or continue in employment, any person to drive such carriage who is addicted to drunkenness or the excessive use of spirituous liquors, and if any such owner shall violate the provisions of this section, after he shall have had notice and reasonable proof that such driver is addicted to drunkenness, he shall forfeit at the rate of five dollars per day for all the time during which he

shall thereafter have kept any such driver in his eniployment. Intoxication SEC. 4563. If any driver whilst actually employed in driving of driver.

any such carriage, shall be guilty of intoxication to such a degree as to endanger the safety of the passengers in the carriage, it shall be the duty of the owner of such carriage, on receiving writ

ten notice of the fact, signed by any one of said passengers, and Discharge re- certified by him on oath, forthwith to discharge such driver from quired. his employment; and every such owner who shall retain or have

in his employ, within three months after the receipt of such notice, any driver who shall have been so intoxicated, shall forfeit at the rate of five dollars per day for the time during which he shall keep any such driver in his employment after receiving such notice.

CHAPTER 78.--Hours of labor on public roads. Eight hours SECTION 4581. The overseer shall allow all persons who may a day's labor. appear in pursuance to such notice and offering to pay their labor

tax in labor under his direction, the sum of $1.50 for every day he shall actually work eight hours on such road,

CHAPTER 90.—Hours of labor. Ten hours a SECTION 5329. Ten hours shall constitute one day's labor, so far day's work. as it concerns laborers and mechanics, throughout the State.

Railroad employees.

SEC. 5329a. No company, corporation or person operating a railroad, in whole or in part, within the State of Nebraska, shall permit or require any conductor, engineer, fireman, brakeman, telegraph operator or any trainman who has worked in his respective

capacity for eighteen consecutive hours, except in case of casualty, Eight hours' or unavoidable emergency, to again go on duty or perform any rest.

work until he has had at least eight hours for rest. Penalty. Sec. 5329b. Any company, corporation or person who shall vio

late or permit to be violated, any of the provisions of the foregoing section, or any officer, agent or employer who violates or permits to be violated any of the provisions of the preceding section shall be fined not less than fifty ($50) dollars nor more than two hundred ($200) dollars, for each and every violation of this act: Provided, however, That the proceedings to enforce the penalty, as provided in this act, shall be commenced within six months from the date of the violation of the same.

CHAPTER 91a.-Antitrust act-Labor organizations exempt. Associations SECTION 5343a. Nothing herein contained shall be construed to of workingmen prevent any assemblies or associations of laboring men from passing exempt.

and adopting such regulations as they may think proper, in reference to wages and the compensation of labor, and such assemblies and associations shall retain, and there is hereby reserved to them, all the rights and privileges now accorded to them by law, anything herein contained to the contrary notwithstanding.

TITLE 14.-Wages preferred-In executions, etc.

No property

SECTION 6117. Nothing in this chapter shall be so construed as exempt. to exempt any property in this State from execution or attach

ment for clerks', laborers', or mechanics' wages

TITLE 14.-Eremption of wages from attachment, etc.

SECTION 6118. The wages of laborers, mechanics, and clerks who Sixty days are heads of families, in the hands of those by whom such labor- wages exempt,

when. ers, mechanics, or clerks may be employed, both before and after such wages shall be due, shall be exempt from the operation of attachment, execution, and garnishee process : Provided, That not Provisos: more than sixty days' wages shall be exempt: Provided further, That nothing in this act shall be so construed as to protect the wages of persons who have or are about to abscond or leave the State from the provisions of law now in force upon that subject : Provided further, That nothing in this act shall be so construed as to permit the attachment of sixty days' wages in the hands of the employer.

An exemption granted in another State by the laws of that State will continue in this State in case of an action brought here. The exemption of laboreis' wages extends to nonresidents. 19 Nebr. 181, 182.

A laborer may maintain an action against a creditor to recover wages wrongfully garnisheed. 17 Nebr. 206.

TITLE 14.-Eremption of wages-Unlawful assignment of claims.


SECTION 6120. It is hereby declared unlawful for any creditor What assignof, or other holder of any evidence of debt, book account, or claim ments

unlawof any name or nature against any laborer, servant, clerk, or other employee of any corporation, firm, or individual, in this State, for the purpose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill, or debt of any name or nature whatever, to any person or persons, firm, corporation, or institution, or to institute in this State or elsewhere, or prosecute any suit or action for any such claim or debt against any such laborer, servant, clerk, or employee by any process seeking to seize, attach, or garnish the wages of such person or persons earned within sixty days prior to the commencement of such proceeding, for the purpose of avoiding the effect of the laws of the State of Nebraska concerning exemptions.

SEC. 6121. It is hereby declared unlawful for any person or per- Aiding. sons to aid, assist, abet, or counsel a violation of section one of this act (sec. 6120) for any purpose whatever.

Sec. 6122. In any proceeding, civil or criminal, growing out of a Evidence. breach of sections one or two of this act (secs. 6120, 6121), proof of the institution of a suit, or service of garnishment summons by any persons, firm, or individual, in any court of any State or Territory other than this State or in this State to seize by process of garnishment or otherwise, any of the wages of such persons as defined in section one of this act [sec. 6120), shall be deemed prima facie evidence of an evasion of the laws of the State of Nebraska and a breach of the provisions of this act on the part of the creditor or resident in Nebraska causing the same to be done.

SEC. 6123. Any persons, firm, company, corporation, or business Penalty. institution guilty of a violation of sections one or two of this act (secs. 6120, 6121] shall be liable to the party injured through such violation of this act, for the amount of the debt sold, assigned, transferred, garnished, or sued upon, with all costs and expenses and a reasonable attorney's fee, to be recovered in any court of competent jurisdiction in this State; and shall further be liable by prosecution to punishment by a fine not exceeding the sum of two hundred dollars and costs of prosecution.

This aet is constitutional. 39 Nebr. 679.

One who assigns a claim contrary to the provisions of this statute is liable to the debtor for the amount so appropriated without his consent, 37 Nebr. 267.


CHAPTER 23.-Sunday labor.


And if any person of the age of four- Sunday labor teen years or upward shall be found on the first day of the week, forbidden,

commonly called Sunday, at common labor (work of necessity and charity only excepted), he or she shall be fined in a sum not exceeding five dollars nor less than one dollar: Provided, Nothing herein contained in relation to common labor on said first day of the week, commonly called Sunday, shall be construed to extend to those who conscientiously do observe the seventh day of the week as the Sabbath, nor to prevent families emigrating from traveling, watermen from landing their passengers, superintendents or keepers of toll bridges or toll gates from attending and superintending the same, or ferrymen from conveying travelers over the water, or persons moving their families on such days, or to prevent railroad companies from running necessary trains.

CHAPTER 23.-Employment of women and children. Hours of la- Sec. 6942a. No female shall be employed in any manufacturing, bor.

mechanical or mercantile establishment, hotel or restaurant in this State more than sixty hours during any one week and ten hours shall constitute a day's labor. The hours of each day may

be so arranged as to permit the employment of such females at Night work. any time from six o'clock a. m. to ten o'clock p. m.; but in no case

shall such employment exceed ten hours in any one day. Schedule to SEC. 6942b. Every such employer shall post in a conspicuous be posted. place in every room where such females are employed, a printed

notice, stating the number of hours' work required of them each day of the week the hours of commencing and stopping such work and the hours when the time or times allowed for dinner or for other meals begins and ends. Printed forms of said notice shall be furnished by the deputy labor commissioner, and the form of

such notice approved by the attorney-general of this State. Seats.

Sec. 6942c. Every such employer in such establishment, shall provide suitable seats for the females so employed, and shall permit the use of such seats by them when they are not necessarily

engaged in the active duties for which they are employed. Penalty. SEC. 6942d. Any employer, overseer, superintendent or other

agent of any such employer who shall violate any of the provisions of this act, shall be fined for each offense in a sum not less than twenty dollars nor more than fifty dollars; and it is hereby made the duty of the deputy labor commissioner to enforce the provisions of this act : Provided, however, That nothing in this act shall be construed to prevent any other person from enforcing its provisions.

This act (sections 6942a to 69420) is constitutional. 91 N. W. Rep.


Age limit. SEC. 6953. Any male or female child under the age of ten years

shall not be employed in any manufacturing, mechanical indus

trial or mercantile establishment. Employment SEC. 6954. Any male or female child under the age of fourteen of children dur; years shall not be employed in any manufacturing, mechanical ing term of school. industrial or merchanttle (mercantile] establishment, except dur

ing the vacations of the public schools; unless during the year next preceding such employment, said child has for at least twenty weeks attended some public or private day school where the Eng. lish is taught; nor shall such employment continue, unless such child shall in each and every year attend school as herein provided, and no child shall be so employed who does not present a certificate signed by the president and secretary of the school board of the school district in which said child resides, of their compliance with the requirements of this section. Nor shall any owner, superintendent or overseer of any such establishment, parent or guardian consent to or permit the employment of any

child contrary to the provisions of this act. Certificate to SEC. 6955. Any owner, superintendent or overseer of any such be kept on file. establishment, shall require and keep on file, open to the inspection

of the public, a certificate of the age, place of birth and residence of every male and female child under sixteen years of age employed therein, so long as such child is so employed; which certifi

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