Protection of employees as voters.

SECTION 6804. Any employer who attempts by coercion, intimida-, Coercion, etc., tion, threats to discharge or to lessen the remuneration of an em-by employers; ployee, to influence his vote in any election, or who requires or demands an examination or inspection by himself or another of an employee's ballot, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars.

SEC. 6805. Any officer, or agent of a corporation, or other person By officers or with authority to discharge employees, who shall attempt by co- agents. ercion, intimidation, threats to discharge or to lessen his [the] remuneration of any employee, to influence his vote in any election, or who requires or demands an examination or inspection by himself or another of any employee's ballot, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars.

. Emigrant agents.

License

re

SECTION 6844. Any person doing the business of an emigrant agent without having first obtained a license as required by law, quired. shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than five hundred dollars and not more than five thousand dollars, or may be imprisoned in the county jail or sentenced to hard labor for the county for not less than four months nor more than one year, within the discretion of the court.

Contracts of employment with intent to defraud.

Failure to re

SECTION 6845. Any person who, with intent to injure or defraud his employer, enters into a contract in writing for the performance pay advances. of any act or service, and thereby obtains money or other personal property from such employer, and with like intent, and without just cause, and without refunding such money, or paying for such property, refuses or fails to perform such act or service, must, on conviction, be punished by a fine in double the damage suffered by the injured party, but not more than three hundred dollars, onehalf of said fiue to go to the county and one-half to the party injured; ** And the refusal of any person who enters into such contract to perform such act or service, or to cultivate such lands, or refund such money, or pay for such property, without just cause, shall be prima facie evidence of the intent to injure his employer or landlord or to defraud him.

The elements of the offense are (1) a contract in writing, (2) an Intent to injure or defraud, (3) that property was obtained by reason of contract, with intent to defraud, and (4) refusal to perform with like intent. A mere breach of the contract is not a crime. 94 Ala. 82.

Rendering service for a sufficient period to earn the amount advanced is equivalent to a refunding, and leaving service afterward is not an offense within the provisions of this statute. 23 So. Rep. 668.

Agreement to

SEC. 6846. Any defendant, on whom a fine is imposed on conviction for a misdemeanor, who in open court signs a written contract, serve surety. approved in writing by the judge of the court in which the conviction is had, whereby, in consideration of another becoming his surety on a confession of judgment for the fine and costs, agrees to do any act, or perform any service for such person, and who, after being released on such confession of judgment, fails or refuses without good and sufficient excuse, to be determined by the jury, to do the act, or perform the service, which in such contract he promised or agreed to do or perform, must, on conviction, be fined not less than the amount of the damages which the party contracting with him has suffered by such failure or refusal, and not more than five hundred dollars; and the jury shall assess the amount of such damages; but no conviction shall be had under this section, unless it is shown on the trial that such contract was filed for record in the office of the judge of probate of the county

Refusal to perform serv ice.

Damages be paid

in which the confession of judgment was had, within ten days after the day of the execution thereof.

SEC. 6847. Any defendant on whom a fine is imposed by a recorder, on conviction for a misdemeanor or violation of a city ordinance, who, before the recorder or mayor signs a written contract approved in writing by the mayor and recorder, if any, whereby in consideration of another becoming his surety on a confession of judgment for the fine and costs, agrees to do any act or perform any service for such person, and who, after being released on such confession of judgment, fails or refuses, without good and sufficient excuse, to be determined by the jury, to do the act or perform the service, which in such contract he promised or agreed to do or perform, shall be guilty of a misdemeanor, and must, on conviction in the circuit or criminal court, as provided by law, be punished the same as violations of contracts on confession of judgment in criminal courts of record.

to SEC. 6848. From the fine imposed under the two preceding sections, when collected, the damages sustained by the party contracting with such defendant must be paid to such person by the officer collecting the same.

Enticement from service.

Interfering with, hiring,

another.

Enticing employees, apprentices, etc.

SECTION 6849. Any person who entices, decoys, or persuades any apprentice or servant to leave the service or employment of his master must, on conviction, be fined not less than twenty nor more than one hundred dollars; and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than three months.

SEC. 6850. Any person who knowingly interferes with, hires, emetc., laborer of ploys, entices away, or induces to leave the service of another, or attempts to hire, employ, entice away, or induce to leave the service of another, any laborer or servant, renter, or share cropper, who has contracted in writing to serve such other person for any given time, not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, entices away, or induces any minor to leave the service of any person to whom such service is lawfully due, without the consent of the party employing, or to whom such service is due, given in writing, or in presence of some credible person, must, on conviction, be fined not less than fifty nor more than five hundred dollars, at the discretion of the jury, and in no case less than double the damages sustained by the party whom such laborer or servant was induced to leave; one-half to the party sustaining such damage, and the other half to the county.

Penalty.

Evidence.

Enticing immigrant.

The statute is not unconstitutional in attempting to punish criminally for violation of contract. 79 Ala. 271.

Nor is it in violation of the Federal "Civil rights bill." 44 Ala. 367. It is plainly violative of the State constitution, being class legislation, since it imposes on laborers and renters a different penalty for breach of contract from that imposed on other citizens. 123 Fed. Rep. 671.

Knowledge of previous subsisting contract is not essential to conviction. 44 Ala. 368.

SEC. 6851. When any laborer or servant, renter, or share cropper, having contracted as provided in the preceding section, is afterwards found in the service or employment of another before the termination of such contract, that fact is prima facie evidence that such person is guilty of a violation of that section, if he fail and refuse to forthwith discharge such laborer or servant, after having been notified and informed of such former contract or employment.

SEC. 6854. Any person, who employs any immigrant, or otherwise entices him from his employer, in violation of the contract of such immigrant, must, on conviction, be fined in a sum not less than the amount of wages for the unexpired term of the contract, and may be imprisoned in the county jail, or sentenced to hard

labor for the county, at the discretion of the jury, for not more than three months.

Repayment of advances made by employers.

Employers'

SECTION 6855. Any immigrant who abandons or leaves the service of an employer without repaying all passage money and advances to be all other advances, must, on conviction, be fined in a sum not repaid. more than double the amount of wages for the unexpired term of service, and imprisoned not longer than three months, or sentenced to hard labor for the county for not more than three months, at the discretion of the jury.

Intimidation of employees, etc.

SECTION 6856. Any person who, by force or threats of violence Preventing employment, to person or property, prevents, or seeks to prevent, another from etc. doing work or furnishing materials, or from contracting to do work or furnish materials, for or to any person engaged in any lawful business, or who disturbs, interferes with, or prevents, or in any manner attempts to prevent the peaceable exercise of any lawful industry, business, or calling by any other person, must, on conviction, be fined not less than ten nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than twelve months.

Seats for female employees.

SECTION 6857. Any person owning or controlling a store or shop in which any girl or woman is employed as a clerk or saleswoman, who fails to provide such girl or woman with proper accommodations for sitting and resting when not actively engaged in the work of her employment, or who fails to permit her to do so when not so engaged, or who shall not have in such building, or conveniently thereto, separate water-closets for the use of such girls or women, must, on conviction, be fined not less than fifty dollars nor more than five hundred dollars.

Employment of unlicensed engineers on steamboats.

Seats to be provided.

Loss of life

SECTION 7091. In case of the loss of life from the explosion of a boiler, or any apparatus connected therewith, on any steamboat from explosion. navigating the waters of this State, and the person acting thereon as engineer has not obtained a certificate to act as such engineer, or is acting out of the grade therein specified, or is knowingly employed after the revocation of his certificate, the captain or owner employing such person, and the person so employed or acting, are guilty of manslaughter in the first degree.

Fire escapes on factories, etc.

SECTION 7095. Any owner, proprietor, or manager of any manufacturing building, which is more than two stories high, now erected, who shall fail for six months after the adoption of this Code to have securely fixed and conveniently arranged so as to be accessible to persons * working in, or occupying such building, in case of fire in such building, good and sufficient fire escapes or ladders for each story of said building, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than fifty nor more than five hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months, for each day so continued.

SEC. 7096. Any owner, proprietor, or manager of any manufacturing building erected hereafter who shall fail to erect with such building such fire escapes as are required in the pre

Fire escapes to be provided.

Violation.

Inspector.

Appointment.

Salary.

Duties.

Refusing

give tion.

to

ceding section, shall, on conviction, be fined not less than fifty nor more than five hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.

Inspection of cotton mills, etc.

SECTION 7212. There is created the office of inspector of jails, almshouses, cotton mills, or factories; the officer or inspector shall be a practicing physician in good standing, learned in the science of sanitation and hygiene, and shall reside at Montgomery and have an office in the capitol.

SEC. 7213. The inspector shall be appointed by the governor and shall hold office for a term of four years from the date of his appointment, and until his successor is appointed and qualified.

SEC. 7214. The salary of the inspector shall be twenty-four hundred dollars annually, and in addition to his salary he shall be paid his necessary traveling expenses, to be paid as the salaries of the State officers are paid.

SEC. 7215. The following are the general duties of the inspector:

(5) To visit at least four times each year, and oftener when ordered by the governor so to do, each and every cotton mill or factory in this State, and to thoroughly inspect the same for the purpose of ascertaining their sanitary condition, the ages and condition of the children employed therein, and all other matters concerning the operation and condition of said mills or factories as to which the laws of this State prescribe any rules or regulations.

(6) To make reports to the governor of the result of each such inspection.

(7) To institute prosecutions against the owners and operators of such mills or factories for the violation of any of the rules or regulations prescribed by any law of this State relating to the conditions or operations of such mills or factories or the employment of children therein.

SEC. 7217. Any sheriff or other keeper of jails or members of informa commissioners court or board of revenue, or keeper or manager of any almshouse, cotton mill, or factory, or any person or persons charged with the management of any almshouse, cotton mill, or factory who shall willfully refuse or fail to give the inspector the information called for by him, and any such officer or other person who, when summoned by the inspector to come before him and testify concerning any matter upon which the inspector is required to report, shall willfully refuse or fail to attend and testify, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five nor more than one hundred dollars.

Willful inju

ries.

etc.

Mine regulations-Violations.

SECTION 7418. Any person who willfully and intentionally injures any shaft, safety lamp, instrument, air course, or brattice, or obstructs or throws open any air way in any coal or ore mine; or carries matches or a pipe or other smoker's article beyond any station inside of which locked safety lamps are used in such mine; or injures any part of the machinery therein, or opens a door Negligence, therein and fails to immediately close the same, or opens any doorway therein, the opening of which is forbidden by the inspector of mines; or uses in such mine any oil in a lamp not known to be of the best quality of miners' oil; or does any act whereby the life or health of any person or the security of the mine or machinery is endangered; or neglects or refuses to perform any of the duties required of him by the provisions of chapter 30 (78) of this Code, or violates any of the provisions thereof; or who pulls down, injures, or defaces any posted abstract of the law or rules and regu

lations pertaining to mining, must, on conviction, be fined not more than two hundred and fifty dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months.

Penalty.

Failure

SEC. 7419. Any person or corporation operating any ore or coal mine in which miners or other laborers are employed to mine or weigh coal. cut ore or coal for a compensation to be determined by the weight of the ore or coal mined or cut, who fails to weigh, or cause to be weighed, accurately and correctly, any ore or coal so mined or cut by such miners or laborers, must, on conviction, be fined for each offense not less than ten dollars nor more than one hundred dollars.

Employment of unlicensed engineers, firemen, etc., on railroads.

SECTION 7655. Any person or corporation operating a railroad in this State who employs any person as engineer, fireman, train dispatcher, conductor, flagman, brakeman, or switchman, who has not been examined and licensed as provided by sections 5481, 5482, 5483 of this Code, must, on conviction, be fined not less than one hundred nor more than five hundred dollars.

Negligence of employees on railroads, etc.

SECTION 7666. If from negligence, carelessness, or want of proper skill of any engineer or conductor having the control or management of any steam engine or electric motor running on any railroad in this State, or any brakeman or flagman, the engine or cars are thrown off the track, or any other accident occurs, and the life of any human being is thereby endangered, such engineer, conductor, flagman, or brakeman must, on conviction, be fined not less than five hundred nor more than two thousand dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than twelve months, and in case the death of any person is caused by such negligence or want of skill, the railroad employee guilty of such negligence or want of skill must, on conviction, be imprisoned in the penitentiary for not less than one nor more than five years.

SEC. 7807. If the captain of any steamboat used for the conveyance of passengers or freight, or any other officer or person having charge thereof, or the engineer having charge of the machinery, or any part of the apparatus for the generation of steam, from gross negligence, or from ignorance, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, or other apparatus in which such steam is generated, or any apparatus or machinery therewith connected, and human life is thereby endangered, such captain, engineer, or other officer or person must, on conviction, be imprisoned in the penitentiary for not less than two years.

to

Employment forbidden.

Negligence endangering

life

On railroads;

On steamboats.

etc.

SEC. 7808. Whenever any steamboat, while racing with another Racing causboat, or attempting to excel her in speed, bursts its boiler, or any ing explosion, apparatus or machinery therewith connected, and the life of any person is thereby endangered, the captain and engineer of such boat must each, on conviction, be imprisoned in the penitentiary for not less than two years.

SEC. 7810. Whenever any loss of human life, or any injury to any human being occurs on board of any steamboat navigating any of the waters of this State, from negligence or want of skill on the part of the captain, engineer, or other officer or person engaged In the management of such boat, or any part of the machinery thereof, the officer or person from whose negligence or want of skill such loss of life or injury occurred, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than ten years.

Sunday labor.

loss

Negligence causing of life.

trade forbid

SECTION 7814. Any person who compels his child, apprentice, Labor and or servant to perform any labor on Sunday, except the customary den. domestic duties of daily necessity or comfort, or works of charity;