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Protection of employees as voters. Attempting to SECTION 62. It shall not be lawful for any employer in paying influence vote.
his employees the salary or wages due them, to inclose their pay in “pay envelopes” upon which there is written or printed any political mottoes, devices or arguments, containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees. Nor shall it be lawful for any employer within ninety days of a general election, to put up or otherwise exhibit in his factory, mill, workshop or other establishment or place where his employees may be working, any handbill or placard containing any threat, notice or information, that in case any particular ticket or candidate shall be elected work in his place or establishment will cease in whole or in part, or that his establishment will be closed up, or the wages of his workmen will be reduced, or other threats, express or implied, intended or calculated to influence the political opinion or the actions of his employees in voting. This section shall apply to corporations as
well as to individuals. Any person or corporation violating the Forfeiture. provisions of this section shall be guilty of a misdemeanor. Any
corporation violating the provisions of this section shall, upon
proof thereof, forfeit its charter. Penalties. Sec. 64. Whoever shall violate any of the preceding provisions
of this chapter shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than three months nor more than one year.
Negligence of employees on steamboats, etc.
Causing death SECTION 261. Every captain or other person having charge of on steamboats;
iany steamboat used for the conveyance of passengers, or of the bojlers or engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows to be created, such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking any person is killed, is deemed
guilty of manslaughter in the second degree. In factories, SEC. 262. Every engineer, or other person having charge of any etc.
steam boiler, steam engine or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neg. lect creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby the death of a human being is
produced, is guilty of manslaughter in the second degree. Endangering SEC. 418. Every captain or other person having charge of any
steam steamboat used for the conveyance of passengers, or of the boilers boats ;
and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking, human life is endangered, is guilty of a mis
demeanor. In factories. SEC. 419. Every engineer or other person having charge of any
steam boiler, steam engine, or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neg. lect, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a misdemeanor.
Intoxication, negligence, etc., of railroad employees.
SECTION 478. Every person who, while in charge, as engineer, Intoxication of a locomotive engine, or while acting as conductor or driver of engineer, etc. upon a railroad train or car, whether propelled by steam or drawn by horses, is intoxicated, is guilty of a misdemeanor.
SEC. 479. Every engineer, conductor, brakeman, switch tender, Negligence enor other officer, agent, or servant of any railroad company, who is dangering life. 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 employecs. SECTION 757. Every person who, by any use of force, threats or Interfering intimidation, prevents or endeavors to prevent any hired foreman,
employ. 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 to induce 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.
SEC. 758. Every person who, by any use of force, threats or Threatening intimidation, prevents or endeavors to prevent another from em
employers. ploying 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. SEC. 759. In all cases where two or more persons
mines, etc. shall enter upon or into any lode, gulch, placer claim or quartz mill or other mining property, or, not being upon such property but within hearing of the same, shall make any threats or make use of any language, sign or gesture calculated to intimidate any person or persons at work on said property from continuing work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending, shall, upon conviction, be punished by imprisonment in the county jail not exceeding six months and not less than thirty days, and by a fine not exceeding two hundred and fifty dollars, such fine to be discharged either by payment or by confinement in such jail until such fine is discharged at the rate of two dollars and fifty cents per day. On trials under this section, proof of a common purpose Evidence. of two or more persons
to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified, by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.
Hours of labor of women and children, SECTION 764. Every owner, stockholder, overseer, employer, clerk Limit of ten or foreman, of any manufactory, workshop or other place used for hours. 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.
ACTS OF 1903.
CHAPTER 179,-Mine regulations. SECTION 1. In all mining shafts fifty feet or more in depth con- Ladder ways. taining two or more compartments ladder ways shall be constructed in a compartment separate from the compartment in
which the cage or bucket runs, and platforms shall be built for landings at every twelve feet, with inclined ladders between said platforms.
SEC. 2. Any person violating the provisions of this law shall be deemed guilty of a misdemeanor, the same to be prosecuted as are other violations of the laws of this State; and upon conviction thereof the offender shall be fined not less than one hundred dollars nor more than three hundred dollars, and imprisoned not exceeding three months for each offense, in the judgment of the court or magistrate who tries the case.
CHAPTER 181.-Mine regulations.
pre- SECTION 1. At all mines where hoisting apparatus is operated
in the State of South Dakota, the following code of bell signals
SEC. 2. One bell, hoist,; one bell, stop, (if in motion.)
Four bells, blasting signal. Engineer must answer by raising bucket or cage a few feet and letting it back slowly; then one bell, hoist men away from blast.
Five bells, steam on; six bells, steam off.
Nine bells, danger signal (fire, accident or other danger). Then ring number of station where danger exists. No person shall ring any signal bell except the station tender, except in case of danger or when the main shaft is being sunk.
Engineers must slow up when passing stations when men are on the cage or bucket.
If cage is wanted ring station signal. Station tender will respond in person.
If station is full of ore and station tender is wanted ring station signal.
One copy of this code shall be posted on the gallows frame and one before the engineer.
SEC. 3. Any person violating the provisions of this law shall be deemed guilty of a misdemeanor, the same to be prosecuted as are other violations of the laws of this State, and upon conviction thereof the offender shall be fined not less than one hundred dollars nor more than three hundred dollars, and imprisoned not exceeding three months for each offense, in the judgment of the court or magistrate who tries the case.
ACTS OF 1907. CHAPTER 135.—Employment of children-Age limit. SECTION 150. No child under the age of fifteen years shall be employed, permitted or suffered to work at any gainful occupa: tion in any mine, hotel, laundry, manufacturing establishment, factory, passenger or freight elevator[,] bowling alley, or in any
saloon, theater, concert hall or place of amusement where intoxicating liquors are sold, or as messenger or driver thereof, or in any other manner in work performed for wages or other compensation, to whomsoever payable, during any portion of any month during the hours when the public schools of any district in which he or she resides are in session.
Every owner, superintendent or overseer of any mine, factory, workshop, mercantile establishment, or any other person who shall employ any child under fifteen years of age contrary to the provisions of this article shall be deemed guilty of a misdemeanor, and for every offense shall upon conviction thereof be fined not less than $10 nor more than $50 and costs.
Any person having the control of a child or who may have children in his employ, who with the intent to evade the provisions of this article shall make a willfully false statement concerning the age of such child or in regard to facts covered by any other provision of this article, shall for such an offense be fined in any sum not less than $10 nor more than $50 for the use of the public school corporation.
CHAPTER 219.—Liability of railroad companies for injuries to
SECTION 1. Every common carrier engaged in trade or com- Acts of emmerce in the State of South Dakota shall be liable to any of its ployees. em ployees, or in case of his death, to his personal representative for the benefit of his widow and children, if any, if none, then for his parents, if none, then for his next of kin dependent upon bim, for all damages which may result from the negligence of any of its officers, agents or employees, or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances,
Defects. machinery, track, roadbed, ways or works.
Sec. 2. In all actions hereafter brought against any common Comparative carrier to recover damages for personal injuries to an employee,
negligence. or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was less than the negligence of the employer, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence shall be for the jury. Sec. 3. No contract of employment, insurance, relief benefit or Contracts not
a bar. indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee: Provided, however, That upon the trial of such action against any common carrier the defendant may set off therein any sum it has contributed towards any insurance, relief benefit or indemnity that may have been paid to the injured employee, or in case of his death, to his personal representative.
SEC. 4. No action shall be maintained under this act, unless Limitation, commenced within two years from the time the cause of action accrued.
CHAPTER 220.—Hours of labor of employees on railroads.
Limit of sixteen hours.
SECTION 1. No common carrier, nor any officer nor agent thereof, shall require or permit any employee engaged in or connected with the movement of any train to remain on duty more than sixteen consecutive hours, or require or permit any such employee who has been on duty sixteen consecutive hours to go on duty without having had at least ten hours off duty, or require or permit any such employee who has been on duty sixteen hours in the aggregate in any twenty-four hour period to continue on duty or to go on
duty without having had at least eight hours off without duty
within such twenty-four hour period. Defense. SEC. 2. In any prosecution for a violation of the preceding sec
tion, it shall be a sufficient defense to show that the employee was prevented from reaching his terminal by any casualty occurring before he started on his trip, or by accident or unexpected delay of trains scheduled to make connections with the train on which
such employee was serving. Violations. SEC. 3. Any common carrier and any officer or agent thereof
violating any of the provisions of section one of this act shall, upou conviction thereof, be punished by a fine of not less than
$100 or more than $1,000. Enforcement. Sec. 4. The board of railroad commissioners shall fully in
vestigate all cases of violation of this act, and for that purpose may subpæna witnesses, administer oaths, interrogate witnesses, take testimony and require the production of books and papers either within or without the State, and shall lodge with the proper states attorneys information of such violations as may come to its
knowledge. Exemptions. Sec. 5. The provisions of this act shall not be applied to relief
or wreck trains,
SHANNON'S CODE OF 1896 AND SUPPLEMENT OF 1904.
Bureau of labor and mining statistics. Bureau estab- SECTION 326. There shall be a department to be styled “The lished.
Bureau of Labor and Mining Statistics." It shall be under the control of one officer, who shall be known as the “Commissioner of the Bureau of Labor, Statistics, and Mines." He shall be appointed by the governor, with the advice and consent of the senate, and shall hold his office for the term of two years, or until his successor is appointed and qualified. He shall have his office at the capitol, and shall receive a salary of eighteen hundred dollars per year, and he shall be allowed one clerk, at a salary of twelve
hundred dollars per year. Commissioner
Sec. 327. Said commissioner shall keep at his office all maps and to keep records,
plans of all mines being worked in the State, and also all records and correspondence, pa pers and apparatus, and property pertaining to his oflicial duties, belonging to the State, all of which shall be delivered without delay to his successor in office; and for every thirty days of delay to turn over said maps, papers, books, records, correspondence, property, and apparatus belonging to said office, said delinquent shall pay a fine of not less than one hundred nor more than two hundred dollars, and all cost accruing in the case, said fine going one-half to the prosecutor and one-half to the
State. Removal. Sec. 328. Said commissioner shall be subject to a removal from
office by the governor when convicted of any neglect in the dis
charge of his duties or malfeasance in office. Said commissioner Qualifications. shall be a practical miner of not less than five years' practical ex
perience in mining, having a full and practical knowledge of the different systems of working and ventilating coal mines or col. lieries, and of the nature and properties of all noxious gases gen
erated in said coal mines or collieries. Duties.
SEC. 329. The duties of the commissioner shall be to collect, assort, arrange, and present, in annual report to the governor, and for general distribution to those who may apply, and to the general assembly when in session, statistics and details relating to all departments of labor and mines in the State, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to the permanent prosperity of the productive industries of the State, together with all the expenditures of his office, and the purposes for which said expenditures were incurred.