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Persons who

SEC. 4464. A person or corporation operating a railroad or a part of a railroad in this State shall, 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.

SEC. 4465. 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. SEC. 4466. If a person or corporation fails to comply with a provision 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.

SEC. 4467. 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.

SEC. 4495. All railroad passenger trains, except mixed trains, shall be provided with brakes operated from the engine by the engineer.

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 intoxicants by railroad employees—Negligence. SECTION 4506. If a railroad corporation employs or retains in its use intoxicants service a conductor, engineer, brakeman, switchman, semaphore not to be em- or other signalman, train dispatcher, telegraph operator who re ployed. ceives train orders, motorman, or operator of an electric car, who 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 employment or retention of such employee.

Penalty.

Negligence

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 five hundred dollars.

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.

Inspection.

Railroads-Inspection—Accidents.

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

ferred upon it. It shall, at least once annually, examine the roadbed, bridges, depots, rolling stock and equipment of every railroad in the State, and shall, by examinations and investigations, keep itself informed as to the condition, manner of operation and safety of all railroads, and shall see that they comply with the provisions of their charters and the laws of this State.

SEC. 4608. The general superintendent or manager of a railroad, Accidents doing business in this State shall inform said board in writing of be reported. every accident upon his road, resulting in loss of life or injury to any person, and of every collision and derailment of trains on the same, immediately after its occurrence. If such accident results in loss of life or serious injury to the person of a passenger, such information shall be given by telegraph.

Inquiries.

SEC. 4609. Said board shall inquire into the cause of every accident on a railroad resulting in loss of life, and, in its judgment, into any accident, collision or derailment of trains not so resulting. If, in its judgment, a public investigation is necessary in the interests of public safety, it shall fix a time and place of holding the same and shall summon the person or corporation operating such railroad, the parties known to have been injured in the accident, and, if known, a representative or friend of a person killed thereby, to appear and give evidence regarding the cause of such accident. Said board shall also notify the State's attorney of the county in which the accident occurred, who shall investigate the cause of such accident, produce witnesses who can give evidence in regard to the same, and attend and represent the State at such hearing. All parties summoned, and other persons interested, may appear and be made parties thereto, may produce witnesses or other evidence, and be represented by counsel. The person or corporation operating the railroad shall produce, on notice from said board, all trainmen and other employees who can give pertinent evidence in regard to the cause of the accident, free of expense to the State. Said board shall make public its determination in regard to the cause of the accident so investigated, and cause a permanent record thereof to be made. SEC. 4611. Said board shall have jurisdiction on due Power of notice to hear, determine, render judgment, and make orders and board. decrees in all matters provided for in the charter of any railroad corporation, or in the statutes of this State relating to railroads, and shall have like jurisdiction in all matters respecting:

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V. The maintenance of the tracks, frogs, switches, gates, signals, culverts, bridges and other structures of wood or iron over openings, and rolling stock and equipment so as to accommodate the public and be operated with safety and in compliance with law.

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Employment of women and children in barrooms.

SECTION 5130. Licenses shall be subject to the following conditions:

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That no female, or person under the age of twenty-one, shall be employed in such barroom.

E m ployment forbidden.

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Intoxication of employees, etc.

SECTION 5219.

[An] employer or other person who is Employers injured in person, property or means of support by an intoxicated may sue, when. person, or in consequence of the intoxication of any person, shall have a right of action in his or her own name, jointly or severally, against a person or persons, who, by selling or furnishing intoxicating liquor, have caused in whole or in part such intoxication. If such intoxicating liquor was sold or furnished to such 43967-08- -84

May give notice.

Fire escapes required.

Penalty.

an

person in a rented building, and the owner of such building, or his agent in charge thereof, knew or had reason to know that intoxicating liquor was sold or kept for sale by his tenant in such building contrary to law, said owner may be joined as defendant in such action, and judgment therein may be rendered against him. Upon the death of either party, the action and right of action shall survive to or against his executor or administrator. The party injured or his legal representatives may bring either a joint action against the person intoxicated and the person or persons who furnished the liquor and the owner of the building, or a separate action against either or any of them.

SEC. 5225. The * employer of a person may, in writing, notify a board of license commissioners to forbid the sale or furnishing of intoxicating liquors to such person.

Fire escapes on factories, etc.

SECTION 5512. The owner or lessee of a building, factory, mill or workshop more than two stories high, in which persons are employed above the second story, shall provide suitable ladders or other safe fire escapes for the safety of patrons and occupants of such buildings.

SEC. 5513. An owner, keeper or lessee of a place mentioned who fails to comply with a provision thereof (in this act] shall be fined not more than four hundred dollars nor less than twenty-five dollars.

Smoking in factories, etc.

Smoking SECTION 5515. A person who smokes a pipe, cigar or cigarette offense, when. in a mill, factory, barn, stable or other outbuilding belonging to or occupied by another person, in which a notice containing this section, prohibiting such smoking, signed by the owner, agent or occupant of the same is posted conspicuously near the main entrance thereof, shall be fined not more than five dollars.

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Intimidation of employees.

SECTION 5868. A person who threatens violence or injury to another person with intent to prevent his employment in a mill, manufactory, shop, quarry, mine, railroad or other occupation shall be imprisoned not more than three months or fined not more than one hundred dollars.

SEC. 5869. A person who, by threats, intimidation or by force, alone or in combination with others, affrights, drives away or prevents another person from accepting, undertaking or prosecuting such employment, with intent to prevent the prosecution of work in such mill, shop, manufactory, mine, quarry, railroad or other occupation, shall be imprisoned in the State prison not more than five years or fined not more than five hundred dollars.

A count charged conspiracy to hinder and prevent by violence, threats, and intimidation the employment and retention by a company of certain employees; also conspiracy to terrify and drive away workmen by threats. with malicious intent to injure said company; also threats to publish the names of employees in the "scab" list of a trade journal, thus putting them in fear and driving them away. Held, that these counts sufficiently charged an offense under the above sections. 59 Vt. 273,

Sunday labor.

SECTION 5955. A person who, between twelve o'clock Saturday night and twelve o'clock the following Sunday night, exercises any business or employment, except works of necessity and charity, shall be fined not more than two dollars.

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Working on Sunday in violation of this statute is not contributory negligence, and the liability of an employer is not modified by the fact that an injured employee was so working at the time he received his injury. 47 Atl. Rep. 169.

trains.

SEC. 5956. The board of railroad commissioners may authorize Running the running upon any railroad of such through trains on Sunday as, in the opinion of said board, the public necessity and convenience may require, having regard to the due observance of the day.

VIRGINIA.

CONSTITUTION.

Local or special laws regulating labor, etc., not to be passed. SECTION 63. The general assembly shall not enact any local, special, or private law in the following cases: 12. Regulating labor, trade, mining or manufacturing, or the rate of interest on money.

of

Certain local

laws forbidden.

Bureau of labor and statistics.

establish bureau.

SECTION 86. The general assembly shall have power to establish Assembly may and maintain a bureau of labor and statistics, under such regulations as may be prescribed by law.

Acts of fellow-servants.

Negligence of

Liability of railroad companies for injuries to employees. SECTION 162. The doctrine of fellow-servant, so 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, to the extent hereinafter stated, abolished as to every employee of a railroad company, engaged in the physical construction, repair or maintenance of its roadway, track or any of the structures connected therewith, or in any work in or upon a car or engine standing upon a track, or in the physical operation of a train, car, engine, or switch, or in any service requiring his presence upon a train, car or engine; and every such employee shall have the same right to recover for every injury suffered by him from the acts or omissions of any other employee or employees of the common master, that a servant would have (at the time when this constitution goes into effect), if such acts or omissions were those of the master himself in the performance of a nonassignable duty: Provided, That the injury, so suffered by such railroad employee, result from the negligence of an officer, or superintendent. agent, of the company of a higher grade of service than himself, or from that of a person, employed by the company, having the right, or charged with the duty, to control or direct the general services or the immediate work of the party injured, or the general services or the immediate work of the coemployee through, or by, whose act or omission he is injured; or that it result from the negligence of a coemployee engaged in another department of labor, or engaged upon, or in charge of, any car upon which, or upon the train of which it is a part, the injured employee is not at the time of receiving the injury, or who is in charge of any switch, signal point, or locomotive engine, or is charged with dispatching trains or transmitting telegraphic or telephonic orders therefor; and whether such negligence be in the performance of an assignable or nonassignable duty. The physical construction, repair or maintenance of the roadway, track or any of the structures connected therewith, and the physical construction, repair, maintenance, cleaning or operation of trains, cars or engines, shall be regarded as different departments of labor within the meaning of this section. Knowledge, by any such railroad employee injured, of the defective or unsafe character or condition of any machinery, ways, appliances or structures, shall be no defense to an action for injury caused thereby. When death, whether instan- Injuries caustaneous or not, results to such an employee from any injury for ing death. which he could have recovered, under the above provisions, had death not occurred, then his legal or personal representative, surviving consort, and relatives (and any trustee, curator, committee

Person in another depart

ment, etc.

or guardian of such consort or relatives) shall, respectively, have the same rights and remedies with respect thereto as if his death had been caused by the negligence of a coemployee while in the performance, as vice principal, of a nonassignable duty of the Contracts master. Every contract or agreement, express or implied, made waiving rights. by an employee, to waive the benefit of this section, shall be null and void. This section shall not be construed to deprive any employee, or his legal or personal representative, surviving consort or relatives (or any trustee, curator, committee or guardian of such consort or relatives), of any rights or remedies that he or they may have by the law of the land, at the time this constitution Provisions not goes into effect. Nothing contained in this section shall restrict restrictive. the power of the general assembly to further enlarge, for the above-named class of employees, the rights and remedies hereinbefore provided for, or to extend such rights and remedies to, or otherwise enlarge the present rights and remedies of, any other class of employees of railroads or of employees of any person, firm or corporation.

Foreign contracts enforceable.

Duplicate contracts.

wages.

This section does not apply to street railways. 61 S. E. Rep. 779.

CODE-1904.

Contract for labor—Foreign contracts valid.

SECTION 44. A contract for labor for a term of service, not exceeding two years, made in a foreign country, with a person who shall immigrate to this State, and duly attested by the United States consul or commercial agent at the port where such immigrant shall embark, shall be respected and enforced to the same extent and in the same manner as if made within the State.

SEC. 45. Every contract made as aforesaid shall be in duplicate, the original in the vernacular language of the immigrant, which shall be retained by him; the duplicate in the English language, which shall be recorded in the county or corporation wherein such employer resides, within ten days after the arrival of said immigrant at such residence; and until so recorded, such employer shall not be entitled to the benefit of the provisions of this chapter applicable to such contracts.

Security for SEC. 46. Any immigrant, who is a party to any such contract, payment of shall have the right to apply to a justice, who shall require personal security for the payment of wages at the times specified in said contract; or if not so specified, then monthly; and any immigrant who, without good and sufficient cause, shall be discharged from the service of an employer, may recover from him, in addition to the amount due for past services, damages not exceeding the wages for three months of the unexpired term of his contract.

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Who are

grants.

SEC. 47. An immigrant bound by any such contract, who shall, without good and sufficient cause, leave the service of his em ployer, shall be liable to said employer for an amount not exceeding the sum which may or would be due for a period not exceeding three months of the term of his contract.

SEC. 48. All the provisions of the four preceding sections shall apply to contracts made with immigrants after their arrival in the United States, as well as to contracts made in a foreign country; except that such contracts made within the United States may be attested by a justice, or other officer authorized by law to attest and affix his official seal to such contract.

Employment of children while parents live in idleness.

va- SECTION 884. The following persons shall be deemed vagrants:

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All persons who are able to work and who do not work, but hire out their minor children and live upon their wages.

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