State offi

ciais.

Department

of labor.

Board of ar

ience of those concerned, it shall order such investigation to be held at some other place, and said investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall seasonably notify an officer or station agent of the company of the time and place of the investigation. The cost of such investigation shall be certified by the chairman of the commission, and the same shall be audited and paid by the State in the same manner as other expenses are audited and paid and a record or file of said proceedings and evidence shall be kept by said commission.

OKLAHOMA.

CONSTITUTION OF 1907.

ARTICLE VI.-Commissioner of labor-Mine inspector.

SECTION 1. The executive authority of the State shall be vested in a *, chief mine inspector, commissioner of labor, * * each of whom shall keep his office and public records, books, and papers at the seat of government, and shall perform such duties as may be designated in this constitution or prescribed by law.

SEC. 20. A department of labor is hereby created to be under the control of a commissioner of labor who shall be elected by the people, whose term of office shall be four years, and whose duties shall be prescribed by law.

SEC. 21. The legislature shall create a board of arbitration bitration and and conciliation in the department of labor and the commissioner of labor shall be ex officio chairman.

conciliation.

Inspector of mines, etc.

Mining districts.

Assistant inspectors.

Fellow serv

fense.

SEC. 25. The office of chief inspector of mines, oil, and gas is hereby created, and the incumbent of said office shall be known as the chief mine inspector. The term of said office shall be four years, and no person shall be elected to said office unless he shall have had eight years' actual experience as a practical miner, and such other qualifications as may be prescribed by the legislature. The chief mine inspector shall perform the duties, take the oath, and execute the bond prescribed by the legislature.

SEC. 26. The legislature shall create mining districts and provide for the appointment or election of assistant inspectors therein, who shall be under the general control of the chief mine inspector, and the legislature shall define their qualifications and duties and fix their compensation.

ARTICLE IX.-Liability of employers for injuries to employees.

SECTION 36. The common law doctrine of the fellow-servant, so ice not a de- far as it affects the liability of the master for injuries to his servant, resulting from the acts or omissions of any other servant or servants of the common master, is abrogated as to every employee of every railroad company and every street railway company or interurban railway company, and of every person, firm, or corporation engaged in mining in this State; and every such employee shall have the same right to recover for every injury suffered by him for the acts or omissions of any other employee or employees of the common master that a servant would have if such acts or omissions were those of the master himself in the performance of a nonassignable duty; and when death, whether instantaneous or not, results to such employee from any injury for which he could have recovered under the above provisions, had not death occurred, then his legal or personal representative, surviving consort or relatives, or any trustee, curator, committee or guardian of such consort or relatives, shall have the same rights and remedies with respect thereto, as if death had been caused by the negligence of the master. And every railroad company and every street railway company or interurban railway company, and every person, firm, or corporation engaged in underground mining

Death.

in this State shall be liable under this section, for the acts of his or its receivers.

Nothing contained in this section shall restrict the power of the legislature to extend to the employees of any person, firm, or corporation, the rights and remedies herein provided for.

ARTICLE IX.-Corporations-Arbitration of labor disputes.

Arbitration

whom,

SECTION 42. Every license issued or charter granted to a mining or public service corporation, foreign or domestic, shall contain a compulsory, for stipulation that such corporation will submit any difference it may have with employees in reference to labor, to arbitration, as shall be provided by law.

Foreign cor

SEC. 44. No foreign corporation shall be authorized to carry on in this State any business which a domestic corporation is pro- porations. hibited from doing, or be relieved from compliance with any of the requirements made of a similar domestic corporation by the constitution or laws of the State. Nothing in this article, however, shall restrict or limit the power of the legislature to impose conditions under which foreign corporations may be licensed to do business in this State.

ARTICLE XXIII.-Labor-Employment of children-Actions for

injuries.

SECTION 1. Eight hours shall constitute a day's work in all cases of employment by and on behalf of the State or any county or municipality.

Hours of labor on public works.

SEC. 3. The employment of children, under the age of fifteen Age limit for years in any occupation, injurious to health or morals or espechildren. cially hazardous to life or limb, is hereby prohibited.

and

SEC. 4. Boys under the age of sixteen years, and women and Women girls, shall not be employed, underground, in the operation of children in mines; and, except in cases of emergency, eight hours shall constitute a day's work underground in all mines of the State.

mines.

SEC. 5. The legislature shall pass laws to protect the health Laws to be and safety of employees in factories, in mines, and on railroads. passed.

SEC. 6. The defense of contributory negligence or of assumption Employers' of risk shall, in all cases whatsoever, be a question of fact, and defenses. shall, at all times, be left to the jury.

SEC. 8. Any provision of a contract, express or implied, made Contracts by any person, by which any of the benefits of this constitution, waiving rights. is sought to be waived, shall be null and void.

SEC. 9. Any provision of any contract or agreement, express or Requirements implied, stipulating for notice or demand other than such as may as to notice. be provided by law, as a condition precedent to establish any claim, demand, or liability, shall be null and void.

STATUTES OF 1893.
Sunday labor.

☛ PARAGRAPH 1878. The following are the acts forbidden to be Classes of ladone on the first day of the week, the doing of any of which is bor forbidden. Sabbath breaking.

First. Servile labor.

Second. Public sports.

Third. Trades, manufactures and mechanical employments.

Fourth. Public traffic.

Fifth. Serving process, unless authorized by law so to do.

PAR. 1879. All manner of servile labor on the first day of the Same subject. week is prohibited, excepting works of necessity or charity.

PAR. 1880. It is a sufficient defense in proceedings for servile Observance of labor on the first day of the week, to show that the accused uni- another day. formly keeps another day of the week as holy time, and does not labor upon that day, and that the labor complained of was done

Trades, etc., forbidden.

Penalty.

in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time.

PAR. 1882. All trades, manufactures and mechanical employments, upon the first day of the week, are prohibited.

PAR. 1885. Every person guilty of Sabbath breaking is punishable by a fine of one dollar for each offense.

Intoxication of railroad employees.

Intoxication PARAGRAPH 2275. Every person who, while in charge, as engiof engineer, etc. neer, of a locomotive engine, or while acting as conductor or driver upon a railroad train or car, whether propelled by steam or drawn by horses, if intoxicated, is guilty of a misdemeanor.

Negligence of employees on railroads.

Negligence en- PARAGRAPH 2276. Every engineer, conductor, brakeman, switch dangering life. tender, or other officer, agent or servant of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor.

Intimidating workingmen.

Intimidating employers.

Ten hours a day's labor.

Ninety days' earnings empt.

Intimidation of employers and employees.

PARAGRAPH 2544. Every person who, by any use of force, threats or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, apprentice, workman, laborer, servant or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or induce[s] such hired person to relinquish his work or employment, or to return any work he has in hand, before it is finished, is guilty of a misdemeanor.

PAR. 2545. Every person who, by any use of force, threats or intimidation, prevents or endeavors to prevent another from employing any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a misdemeanor.

Employment of women and children-Hours of labor.

PARAGRAPH 2550. Every owner, stockholder, overseer, employer, clerk or foreman, of any manufactory, workshop, or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceeding one hundred and not less than ten dollars.

Exemption of wages from attachment, etc.

PARAGRAPH 2844 (as amended by chapter 18, Acts of 1905). The ex-following property shall be reserved to every family residing in the Territory exempt from attachment or execution and every other species of forced sale for the payment of debts, except as hereinafter provided:

Sixteenth. All current wages and earnings for personal or professional services earned within the last ninety days.

To constitute a head of a family requires a condition of dependence on the part of others whom one is under legal or moral obligations to support. An unmarried man supporting a dependent mother and sister is the head of a family within this section. 73 Pac. Rep. 291.

Current

PAR. 2846. The following property shall be reserved to persons who are not heads of a family, exempt from attachment, execution wages. and every other species of forced sale; except for liens given by the owners:

*

Fifth. Current wages for personal services.

Earnings of minors.

to

valid,

PARAGRAPH 3562. The wages of a minor employed in service Payment may be paid to him or her until the parent or guardian entitled minors thereto gives the employer notice that he claims such wages.

when.

Exemption of wages from garnishment, etc.

earnings empt, when.

ex

PARAGRAPH 4383. The judge may order any property of the Three months' judgment debtor, not exempt by law, in the hands either of himself or any other 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 of the debtor for his personal services, at any time within 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.

Same sub

Provisos.

PAR. 4384. The earnings of a debtor, who is a resident of this Territory, for his personal services at any time within three ject. months next preceding the issuing of an execution, attachment or garnishment process, cannot 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: And provided, That nothing herein contained shall prevent the adverse party from controverting the matters sought to be proven by such affidavit by counter affidavit, or if sought to be proven in any other manner the same may be controverted by any competent evidence: And provided further, That such counter affidavit shall be filed within twenty-four hours after the notice of the filing of the said debtor's affidavit, and final hearing shall be had thereon at a time to be fixed by the court within ten days from the notice of the filing of the debtor's affidavit if pending in the justice's court, and if pending in the district court it shall be tried at the first term held after filing such affidavit.

Exemption of wages from execution, etc.

ex

PARAGRAPH 4803. The earnings of the debtor for his personal Three months' services, at any time within three months next preceding the issu- earnings empt, when. ing of an execution, 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.

ACTS OF 1897.

CHAPTER 13, ARTICLE 4.—Blacklisting.

Blacklisting

SECTION 1. No company, corporation or individual shall blacklist or require a letter of relinquishment, or publish, or cause to forbidden. be published, or blacklisted, any employee, mechanic or laborer, discharged from or voluntarily leaving the service of such company, corporation or individual, with intent and for the purpose

43967-08-66

Penalty.

Four

hours

of preventing such employee, mechanic or laborer, from engaging in or securing similar or other employment from any other corporation, company or individual.

SEC. 2. Any person or persons, company or corporation violating this act shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in any sum of not less than one hundred dollars, nor more than five hundred dollars, and any person so blacklisted shall have the right of action to recover damages.

ACTS OF 1899.

CHAPTER 13.-Time to vote to be allowed employees.

SECTION 40. No person entitled to vote at any general, national, to be allowed. Territorial or county election shall be employed upon the day on which such election shall be held in any manufacturing, mining, mechanical or mercantile establishment, or any railroad or corporation in this Territory during the period of four hours after the opening of any election in the county in which such person is entitled to vote, except as to works of necessity, in which works of necessity every employee shall be given some period of four hours between the opening and closing of the polls on said day; and any district court may enforce the provisions of this section in term time, or in vacation, by mandate, or otherwise, upon the application of any voter. Every officer of any corporation, owner, superintendent, overseer or foreman, who employs or permits to be employed any person in violation of this section shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined not less than fifty nor more than five hundred dollars.

Thirty days' earnings empt, when.

OREGON.

ANNOTATED CODES AND STATUTES-1902.

Exemption of wages from execution, etc.

SECTION 228 (as amended by chapter 220, Acts of 1905). The ex-earnings of any debtor for personal services performed by such debtor at any time within thirty days next preceding service of an attachment, execution, or garnishment amounting to the sum of $75, or less, shall be exempt from the effect of such process when it shall be made to appear to the satisfaction of the court by the affidavit of such debtor, or otherwise, that such earnings are necessary for the use of the family supported wholly or partly by the labor of said debtor; except when the debt is incurred for family expenses furnished within six months of the date of the service of such attachment, execution, or garnishment, fifty per centum of such earnings shall be subject to such attachment, execution, or garnishment.

Wages to be paid first.

Wages preferred-In receiverships.

SECTION 1083. Whenever the business or property of any person, company, or corporation in this State shall be placed by any court in this State in the hands of a receiver, whether upon foreclosure or creditor's bill, it shall be the duty of such receiver to report immediately to the court so appointing him, the amount due by said person, company, or corporation, at the date of such receiver's appointment, to employees and laborers of such person, company, or corporation; and it shall be the duty of said court to order the said receiver to pay out of the first receipts and earnings of said person, company, or corporation, after paying current operating expenses under his administration, the wages of all employees and laborers which had accrued within six months prior to the appointment of such receiver. It shall also be the duty of such court to order such receiver to pay the wages of all employees and laborers employed by him, at least once every thirty days, out