« ForrigeFortsett »
Same subject. SEC. 4270. Erery engineer or other person haring charge of any
steain boiler, steam engine, or other apparatus for generating or employing steam 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. Negligence SEC. 4271. Every person having charge of any steam boiler or causing death. steam engine, or other apparatus for generating or employing
steam, who willfully, or from ignorance or neglect, creates, or al lows to be created, such an undue quantity or pressure 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 punishable by imprisonment in the State prison for not less than
one nor more than ten years. Collision on SEC. 4272. Every conductor, engineer, brakeman, switchman, of railroad, caus- other person having charge, wholly or in part, of any railroad car, ing death.
locomotive, or train, who willfully or negligently permits or causes the same to collide with another car, locomotive, or train, or with any other object or thing, or any train dispatcher who willfully or negligently permits any such collision, whereby the death of a human being is produced, is punishable by imprisonment in the State prison for not less than one nor more than ten years.
Intorication, etc., of railroad employees. Intoxication
SECTION 4292. Every person who is intoxicated while in charge efc.engineer, of a locomotive engine, or while acting as conductor or driver
upon any railroad train or car, or as motorman, or as conductor of any street car, whether propelled by steam or electricity, or drawn by horses or otherwise, or while acting as train dispatcher or as telegraph operator, and receiving or transmitting dispatches
in relation to the movement of trains, is guilty of a misdemeanor. Violation of SEC, 4294. Every engineer, conductor, bra keman, switch tender, duty.
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, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor.
Protection of employees on street railways-Inclosed platforms. Platforms to Section 4487x7. It shall be unlawful for any person, partnerbe inelo sed, ship, or corporation owning or operating a street railway in this when.
State, or for any officer or agent thereof superintending or having charge or control of the management of the said line of railway or of the cars thereof, operating electric, cable or other cars propelled by steam, cable or electricity, which require when in operation the constant services, care, or attention of any person or persons on any part of such car, 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 of each year, unless such person, partnership, or corporation, its officers or superintending or managing agents, have first provided at least one-third of the entire number of cars so owned with a proper and sufficient inclosure, constructed of wood, iron, and glass, or similar suitable materials, sufficient to protect such ein
ployees from exposure to the inclemencies of the weather: Pro Proviso. vided, That such inclosure shall be so constructed as not to ob
struct the vision of the person operating such car. Unlawful
SEC. 4487x8. It shall be unlawful for any such person, partneroperate cars ship, or corporation co owning or operating a street railway using without inclo
steam, electric, or cable cars, or any superintending or managing officer or agent thereof, to cause or permit to be used upon such line of railway between said 1st day of November and said 1st day of April of each and every of said years, any car or cars upon which services of any employee such as specified in section 4487x7 is required, unless said car or cars shall be provided with the inclosure required by sa id section 4487x7.
SEC. 4487x9. Any person, partnership, or corporation owning, Penalty. operating, superintending, or managing any such line of street railway, or managing or superintending officer or agent thereof, who shall be found guilty of a violation of the provisions of sections 4487x7, 4487x8, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $50 nor more than $250. Each day any of said persons cause or permit any of their said employees to operate such car or cars in violation of the provisions of section 4487x7, or cause or permit cars to be run or operated in violation of section 4487x8, shall be deemed a separate offense: Provided, That Proviso. the provisions of sections 4487x7-4487x9 shall not apply to cars used and known as trailing cars or cars used solely in construction or repair work, or car or cars known as open or summer cars.
Interference with employment—Intimidation.
SECTION 4487x11. Any person or persons in this State who shall Threats. threaten to destroy property or to do bodily harm, for the purpose of preventing any person or persons from entering or remaining in the employ of any company, corporation, or individual, shall be guilty of a misdemeanor.
Coercion of employees—Company stores and boarding houses.
SECTION 4487x25. Every person, body corporate, agent, man- Influencing ager, or employer doing business in the State of Utah who, by employees in coercion, intimidation, threats, or undue influence, compels his ing house, etc. employees to boarding [board) at a particular boarding house, or to trade with or at a particular store, shall be deemed guilty of a misdemeanor.
Employment of children-General provisions.
SECTION 1044. A child under sixteen years of age who has not
der 16. completed the course of study of nine years prepared for the elementary schools by the superintendent of education shall not, unless excused in writing by the town superintendent of schools, be employed in work connected with railroading, mining, manufacturing or quarrying, or be employed in delivering messages by a corporation or company, except during vacation and before and after school, unless said child deposits with his employer a certificate from said superintendent to the effect that he is Certificates. eligible to employment in accordance with the provisions of this chapter; and no child under sixteen years of age shall be employed after eight o'clock at night in any of the occupations or Night work. industries herein enumerated. In case said child has been in attendance upon a private or parochial school, said superintendent is empowered to examine said child for the purpose of determining his eligibility to employment in accordance with this section.
SEC. 1045. A town superintendent may inquire of the owner or Enforcement. superintendent of a mill, factory, quarry, workshop, or railroad office, shop or yards, as to the employment of children therein, may call for the production of the certificates deposited with such owner or superintendent, and satisfy himself that the requirements of law have been complied with.
SEC. 1046. No child under the age of twelve years shall be Age limit. employed by or permitted to work for any railroad company, or
in any mill, factory, quarry or workshop, or in delirering mes
sages for a corporation or company. Acts of par- SEC. 1047. No person having a child under his control skall ents, etc.
allow him to be employed contrary to the provisions of this
chapter. Violation. SEC, 1048. A person who violates a prorision of this chapter shall be fined fifty dollars.
Ercmption of wages from garnishment.
Nor shall a person be adjudged a are exempt.
trustee by reason of wages or compensation due the principal debtor, for work and labor performed by him in person after the service of the trustee process upon the trustee; and no earnings of a minor or married woman shall be subject to the trustee process in a suit against the parent of such minor or husband of such married woman; nor shall a corporation be adjudged a trustee by reason of any money due from it to a person residing without the State, for services rendered without the State, provided a like sum of money so due would be exempt from attach
ment by trustee process in the State where such person resides. Wage debts Sec. 1667. In all cases where a principal defendant is indebted exempt.
to other persons for work done in the performance of a contrad out of which the trustee's indebtedness arises, there shall be exempt from the trustee process, on suit brought for the recorers of debts not incurred as above stated, such sum or sums as may be due from said principal defendant to such other persons for work done in the prosecution of such contract; and said principal defendant shall cause to be summoned as claimants before the court in which a suit so brought is pending, all such other
persons to whom he is indebted for work so done. Assignments SEC. 1668. No assignment of future earnings shall be valid to be recorded. against trustee process unless executed in writing, or unless made
to secure a debt of an amount stated in the assignment contracted
Wages preferred-In insolvency.
In the order for dividends under this ment mands.
chapter, the following claims shall be entitled to priority, and be paid in the following order:
1. The fees, costs and expenses of suits, and the several proceed ings in insolvency under this chapter, and for the care and custody of property as herein provided.
II. Debts due the United States, and taxes and assessments uhder the laws thereof.
III. Debts due the State, and taxes and assessments under the laws thereof.
IV. Wages due any employee, clerk or house servant, to an amount not exceeding fifty dollars, for labor performed within six months preceding the date of the adjudication.
Payment of wagcs. Definition. SECTION 2699. The word "employee," as used in the four follor
ing sections, shall mean a mechanic, workingman or laborer who
works for hire. Weekly p a y
Sec. 2700. A mining, quarrying, manufacturing, mercantile, tele day.
graph, telephone, railroad or other transportation corporation, and an incorporated express, water, electric light or power company, doing and transacting business within the State, shall pay each week, in lawful movey, each employee engaged in the business, the wages earned by such employee to a day not more than six days
prior to the date of such payment: Provided, That, if at any time of payment an employee is absent from his regular place of labor, he shall be entitled to such payment upon demand.
SEC. 2701. No such corporation shall pay its employees in script Scrip, etc. [scrip), vouchers, duebills, or store orders, except it be a cooperative corporation in which the employee is a stockholder; but such cooperative corporation shall, upon request of any such shareholding employee pay him as provided in the preceding section.
Sec. 2702. No assignment of future wages payable under the Assignments provisions of the second preceding section shall be valid, if made
void. to the corporation from whom such wages are to become due, or to anyone iu behalf of such corporation, or if made or procured to be made to anyone for the purpose of relieving such corporation from the obligation to pay under the provisions of the second preceding section. No such corporation shall require an agreement from an employee to accept wages at any other period as a condition of employment. SEC. 2703. Such a corporation, its lessee, or other person carry
Violations. ing on the business thereof, that fails to pay the wages of an employee as provided by the second and third preceding sections shall forfeit to the State fifty dollars for each such failure, to be recorered in an action on this statute by the State's attorney of the county in which such violation occurs, and in his name; but an action shall not be maintained therefor, until the State's attorney has given the employer ten days' potice in writing that such action will be brought if the wages are not paid as provided by such sections.
The above sections were held to be constitutional in an action against a railroad company. 67 Atl. Rep. 1091. Sec. 2704. A person, partnership or corporation using checks,
Checks to be
redeemed. other than bank checks, slips, duebills, or other device to represent money in the payment of wages or other debt or obligation due an employee or servant of such person, partnership or corporation, shall pay the face value thereof to the holder in money of account, on the regular pay day of such person, partnership or corporation; and such obligations shall be redeemable at intervals of not more than one month. If such employee or servant is discharged during the month, such checks, slips, duebills or other device shall be redeemed at their face value in money of account on the day of his discharge.
Sec. 2705. A person, partnership or corporation refusing to re- Refusal. deem such obligations, as provided in the preceding section, shall forfeit to the person injured twice the value thereof, to be recorered in an action on this statute.
Safety appliances on railroads.
SECTION 4462. All single track railroad bridges in this State Height, etc., * * shall, when built or rebuilt, be hereafter so constructed
of bridges. as to leave a clear space of not less than fifteen feet between the inner sides of such bridges, and also a clear space of not less than twenty-two feet from the lowest timbers, boards or irons in the covering of such bridges, and the top of the rails under the same; and, in all double track bridges, the clear space of inside width shall not be less than twenty-seven feet. All overhead highway bridges, wires, ropes or other obstructions shall be not less than twenty-two feet above the top of the rails under the same.
SEC. 4463. A person or corporation operating a railroad or a Telltales. part of a railroad in this State shall place at the approaches of all its bridges, the highway bridges and all other structures of whatever kind or nature which cover or extend over its tracks that do not leave a clear height of twenty-two feet from the top of the rails and lowest parts of such bridges or other structures directly over such rails, such telltale warnings, or other sa fety devices of uniform pattern for warning trainmen of their approach thereto, as shall be recommended by the board of railroad commissioners.
Blocking SEC. 4464. A person or corporation operating a railroad or a part frogs, etc.
of a railroad in this State sball, at all times, keep the frogs, switches and guard rails on its tracks, with the exception of guard rails upon bridges, filled or blocked with a wooden block or wedge, so as to prevent the feet of its employees from being
caught therein. Ladders SEC. 4165. No person or corporation operating a railroad or a
part of a railroad in this State shall run cars of their own with ladders or steps to the top of the same, on the sides of such cars,
but such ladders or steps shall be on the end or inside of the cars Penalty. SEC. 4466. If a person or corporation fails to comply with a pro
vision of the four preceding sections, such person or corporation shall forfeit fifty dollars for every day's neglect, and be liable for the damages and injuries to passengers and employees on its roads,
resulting from such neglect. Enforcement. SEC. 4-167. Such penalty may be enforced by an action on the
case in the name of the State, and the State's attorney of the county where the offense is committed shall prosecute the same, upon notice thereof from the board of railroad commissioners.
An injured employee can not recover under this statute if his injuries resulted from negligence of his own combined with failure of the railroad company to comply with the law. 47 Atl. Rep. 827.
A contract with an employee or with his next of kin waiving the right of action for damages which may arise from injuries received while in the service of a railroad company will not protect a company that fails to
comply with the provisions of this law. 51 Atl. Rep. 6. Power brakes. SEC. 4495. All railroad passenger trains, except mixed trains,
shall be provided with brakes operated from the engine by the
engineer. Penalty. SEC, 4496. A person or corporation not complying with the provisions of
[section 4495] shall be fined fifty dollars for every violation thereof, and shall be liable for the damages and injuries to passengers and employees on its road resulting from such neglect.
Use of intoricants by railroad employees—Negligence.
Persons who SECTION 4506. If a railroad corporation employs or retains in its use intoxicants service a conductor, engineer, brakeman, switchman, semaphore not to be employed.
or other signalman, train dispatcher, telegraph operator who re ceives train orders, motorman, or operator of an electric car, wbo uses intoxicating liquors as a beverage, such fact being known to the president, superintendent or any of the directors of such road, such corporation shall be fined not more than three thousand dollars nor less than three hundred dollars, and shall also be liable for the damages which a person sustains by the employ.
ment or retention of such employee. Penalty. SEC. 4507. A person named in the preceding section who, while
in control of the movement of an engine, train, electric car or semaphore, or while engaged in the discharge of any duty relating to his employment, is intoxicated, shall be imprisoned in the State prison not more than one year or fined not more than
fire hundred dollars. Negligence SEC. 4508. An engineer, fireman or other agent of a railroad causing injury, who is guilty of negligence or carelessness, whereby an injury is
done to a person or corporation, shall be imprisoned not more than one year or fined not more than one thousand dollars. This section shall not exempt a person or corporation from an action for damages.
SECTION 4602. Said board [of railroad commissioners) shall have general supervision of all railroads within this State, whether operated by steam, electricity or any other power, and of the corporations, receivers, trustees, directors, lessees and other persons owning or operating the same, so far as may be necessary to enable it to perform the duties and exercise the powers con