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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.
SECTION 42. Every license issued or charter granted to a mining Arbitration or public service corporation, foreign or domestic, shall contain a compulsory, for
whom, 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.
SEC. 44. No foreign corporation shall be authorized to carry on Foreign corin 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
SECTION 1. Eight hours shall constitute a day's work in all cases Hours of la.
bor of employment by and on behalf of the State or any county or
SEC. 3. The employment of children, under the age of fifteen Age limit for years in any occupation, injurious to health or morals or espe
children. cially hazardous to life or limb, is hereby prohibited.
SEC. 4. Boys under the age of sixteen years, and women and Women and girls, shall not be employed, underground, in the operation of children in
mines, mines; and, except in cases of emergency, eight hours shall constitute a day's work underground in all mines of the State.
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 Employ ers' 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. 3 Sec. 9. Any provision of any contract or agreement, express or Req ments 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.
PARAGRAPH 1878. The following are the acts forbidden to be Classes of la.
bor forbidden. done on the first day of the week, the doing of any of which is Sabbath breaking.
First, Servile labor.
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
in such manner as not to interrupt or disturb other persons in
observing the first day of the week as holy time. Trades, etc., forbidden.
Par. 1882. All trades, manufactures and mechanical employ
ments, upon the first day of the week, are prohibited. Penalty. Par. 1885. Every person guilty of Sabbath breaking is punish
able 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.
Intimidation of employers and employees.
Intimidating PARAGRAPH 2544. Every person who,.by any use of force, threats workingmen.
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. Intimidating Par. 2545. Every person who, by any use of force, threats or employers.
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 sery. ice, is guilty of a misdemeanor.
Employment of women and children-Hours of labor.
Ten hours a PARAGRAPH 2550. Every owner, stockholder, overseer, employer, day's labor.
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.
Ninety days' PARAGRAPH 2844 (as amended by chapter 18, Acts of 1905). The earnings
ex · following property shall be reserved to every family residing in empt.
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 jart 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.
Par. 2846. The following property shall be reserved to persons Current who are not heads of a family, exempt from attachment, execution and every other species of forced sale; except for liens given by the owners:
Fifth. Current wages for personal services.
Earnings of minors.
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 valid,
when. thereto gives the employer notice that he claims such wages.
Exemption of wages from garnishment, etc. PARAGRAPH 4383. The judge may order any property of the Three months' judgment debtor, not exempt by law, in the hands either of him
empt, when. self 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.
PAR. 4384. The earnings of a debtor, who is a resident of this Same subTerritory, 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
Provisos. 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 cxecution, etc. PARAGRAPH 4803. The earnings of the debtor for his personal Three months' services, at any time within three months next preceding the issu- earnings ing of an execution, can not be applied to the payment of his debts, empt, when. 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.
SECTION 1. No company, corporation or individual shall black- Blacklisting
forbidden, list or require a letter of relinquishment, or publish, or cause to 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
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.
CHIAPTER 13.---Time to vote to be allowed employees. Four hours 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.
ANNOTATED CODES AND STATUTES—1902.
Exemption of wages from erecution, etc.
Thirty days' SECTION 228 (as amended by chapter 220, Acts of 1905). The earnings empt, when.
e X - 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.
W'ages preferred-In receiverships. Wages to be SECTION 1083. Whenever the business or property of any person, paid first.
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 of the first receipts and earnings of such person, company, or corporation while under his management; but should such receiver not take in sufficient moneys from the receipts and earnings of such person, company, or corporation to pay such employees and laborers, at least once every thirty days, then such receiver shall issue and deliver to each of such employees and laborers, upon demand, a receiver's certificate, showing the amount due such employee or laborer in money, which certificate shall draw interest at the rate of eight per cent per annum from the date of its issuance until paid ; and such receiver shall thereafter pay such certificates out of the first moneys coming into his hands from the receipts and earnings of the properties under his charge in the order of their issuance.
Wages preferred-In administration.
Order of pay. have been presented and allowed, or presented and disallowed, menat, of debut subsequently established by judgment or decree within the first six months after the date of the notice of appointment of the executor or administrator, shall be paid in the following order, and those presented and allowed or established in like manner within each succeeding period of six months thereafter, during the continuance of the administration, in the same manner:
1. Funeral charges;
4. Taxes of whatever nature due the State, or any county or other public corporation therein;
5. Debts preferred by the laws of the United States;
6. Debts which, at the death of the deceased, were a lien upon his property, or any right or interest therein, according to the priority of their several liens;
7. Debts due employees of decedent for wages earned within the ninety days immediately preceding the death of the decedent;
8. All other claims against the estate.
Ncgligence of employees on steamboats, etc. SECTION 1776. If any person or persons in control or manage- Negligence ment of a steamboat or other water craft shall willfully or negli
enda n gering
life. gently so conduct or manage said steamboat as to injure or destroy the property of another, thereby endangering human life, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one and not exceeding five years, or by fine of not less than five hundred and not exceeding one thousand dollars, or both.
Protection of employees as voters.
SECTION 1905. Any person or corporation who directly or indi- Attempting
influence rectly uses any force, violence, or restraint, or inflicts or threatens to to inflict any injury, damage, harm, or loss, or in any other manner practices intimidation upon or against any person in his or its employ, in order to induce or compel such person to refrain from voting at any election, or to vote or to refrain from voting for or against any person or persons, or for or against any proposition submitted to the voters at such election, or to place or cause to be placed, or refrain from placing or causing to be placed, his name upon a registry of votes, or on account of any person having so voted or refrained from voting at such election, or having registered or refrained from registering as a voter; or by abduction, duress, or any forcible or fraudulent device or contrivance whatsoever impedes, prevents, or otherwise interferes with the free exercise of the elective franchise by any such employee; or compels, induces, or prevails upon any voter to give or refrain from giving his vote for or against any particular person or proposition, at any