or the couplers, air brakes, or automatic power brakes of any cars, tenders and engines, or the grab irons, ladders, and stirrups of any freight car used in this State are in a condition which renders them or any of them dangerous or unfit for the transportation of passengers or the carrying of freight, it shall forthwith cause the same to be inspected and examined, and if on such examination of said commission or its inspector or agents it is of the opinion that any such tracks, bridges, structures, cars, tenders or engines are unfit for the transportation of passengers and freight with safety, it shall immediately give to the superintendent or other executive officer of the company operating such road notice of the condition thereof and of the repairs or reconstruction necessary to place the same in a safe condition, and it may also prescribe the rate of speed for trains passing over such dangerous or defective track, bridge or other structure until the repairs or reconstruction required are made, and may also prescribe the time within which such repairs or reconstructions must be made, or if in its opinion it is needful or proper, it may forbid the running of passenger trains over such defective track, bridge or structure until such Disobedience repairs are made. If any superintendent or other executive officer receiving such notice and order neglects for two days after receiv ing the same to direct the proper subordinate officer to run the trains over such defective track, bridge or other structure at a speed not greater than that so prescribed, or if the running of such trains is forbidden, then to stop running trains over the same, or if any engineer, conductor or other employee knowingly disobeys such order, every superintendent, officer, engineer, conductor or employee so offending shall be fined in any sum not exceeding five hundred dollars, or be imprisoned for any period not exceeding one year, or both, at the discretion of the court; and the company operating such road, if it neglects or without good cause fails to make the repairs or reconstruction prescribed by the commission in the time limited shall for each day that such repair or reconstruction is delayed beyond the time prescribed, forfeit and pay to the State the sum of one hundred dollars,

of orders.

Duty of superintendents, etc., to remedy defects.

Accidents to be reported.

SEC. 36 (added by chapter 226, Acts of 1907). Any railroad whose superintendent, officer or agent shall receive such notice of a defective coupler, brake or other defect rendering the use of such car, tender or engine dangerous shall cause the same to be immediately repaired. On receiving from the inspector an order condemning any car, tender or engine, the employees of the road in charge of said car, tender or engine shall put the same out of service at the first freight divisional terminal, or, in case the inspector so orders, at the first station reached. Any railroad whose superintendent, officer or agent shall receive notice of a defect in the track, or any bridge or other structure, shall cause the same to be immediately repaired and on receiving from the commission an order condemning the track, bridge or structure, no train excepting for the purpose of repairing shall be run over the same until the defects pointed out are remedied and repaired.

SEC. 37 (added by chapter 226, Acts of 1907). It shall be the duty of the general manager, superintendent or other proper officer of every railroad operating in this State to make to the railroad commission of Washington at its office a monthly report under oath of all the collisions of trains, or where any train or part of a train accidentally leaves the track, and of all accidents which may occur to its passengers or employees while in the service of such road and actually on duty, which report shall state the nature and cause thereof and the circumstances connected therewith: Provided, however, That neither said report nor any part thereof shall be admitted as evidence or used for any purpose against such railroad so making such report in any suit or action for damages growing out of any matter mentioned in said report: that the railroad commission of Washington is hereby authorized to prescribe for such railroad a method and form for making the reports in this section provided.

SEC. 38 (added by chapter 226, Acts of 1907). Any railroad, divisional superintendent, agent, officer or employee of any railroad operating in this State who shall willfully and knowingly violate any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not exceeding five hundred dollars.

CHAPTER 84.-Inspection of factories, etc.

Violations.

SECTION 1 (as amended by chapter 205, Acts of 1907). Any per- Belt shifters, son, firm, corporation or association operating a factory, mill or guards, etc. workshop where machinery is used shall provide and maintain in use, belt shifters or other mechanical contrivances for the purpose of throwing on or off belts on pulleys while running, where the same are practicable with due regard to the nature and purpose of said belts and the dangers to employees therefrom; also reasonable safeguards for all vats, pans, trimmers, cut-off, gang edger, and other saws, planers, cogs, gearings, belting, shafting, coupling, set screws, live rollers, conveyors, mangles in laundries and machinery of other or similar description, which it is practicable to guard, and which can be effectively guarded with due regard to the ordinary use of such machinery and appliances, and the dangers to employees therefrom, and with which the employees of any such factory, mill or workshop are liable to come in contact while in the performance of their duties; and if any machine or any part thereof, is in a defective condition, and its operation would be extra hazardous because of such defect, or if any machine is not safeguarded as provided in this act, the use thereof is prohibited, and a notice to that effect shall be attached thereto by the employer or inspector immediately on receiving notice of such defect or lack of safeguard, and such notice shall not be removed until said defect has been remedied or the machine safeguarded as herein provided.

SEC. 2. Every factory, mill or workshop where machinery is Ventilation. used and manual labor is exercised by the way of trade for the purposes of gain within an inclosed room (private houses in which the employees live, excepted) shall be provided in each workroom thereof with good and sufficient ventilation and kept in a cleanly and sanitary state, and shall be so ventilated as to render harmless, so far as practicable, all gases, vapors, dust or other impurities, generated in the course of the manufacturing or laboring processes carried on therein; and if in any factory, mill or workshop, any process is carried on in any inclosed room thereof, by which dust is generated and inhaled to an injurious extent by the persons employed therein, conveyors, receptacles or exhaust fans, or other mechanical means, shall be provided and maintained for the purpose of carrying off or receiving and collecting such dust.

SEC. 3. The openings of all hoistways, hatchways, elevators and Hoistways, wellholes and stairways in factories, mills, workshops, store- etc. houses, warerooms or stores, shall be protected where practicable, by good and sufficient trapdoors, hatches, fences, gates or other safeguards, and all due diligence shall be used to keep all such means of protection closed, except when it is necessary to have the same open that the same may be used.

SEC. 4 (as amended by chapter 205, Acts of 1907). It shall be Annual the duty of the commissioner of labor, by himself or his duly spections. appointed deputy, to examine as soon as may be after the passage of this act, and thereafter annually and from time to time, all factories, mills, workshops, storehouses, warerooms, stores and buildings and the machinery and appliances therein contained to which the provisions of this act are applicable for the purpose of determining whether they do conform to such provisions, and of granting or refusing certificates of approval, whether requested to do so or not.

in

SEC. 5 (as amended by chapter 205, Acts of 1907). Any person, Requests for firm, corporation or association carrying on business to which the inspection.

defects.

provisions of this act are applicable, shall have the right to make written request to said commissioner of labor to inspect any faetory, mill or workshop, and the machinery therein used, and any storehouse, wareroom or store, which said applicant is operating. occupying or using, and to issue his certificate of approval thereof; and said commissioner of labor by himself, or his deputy, shall forthwith make said inspection. Upon receiving such application, the commissioner of labor shall issue to the person making the same, an acknowledgment that such certificate has been applied for, and thirty days after such acknowledgment, by said commissioner of labor, and pending the granting of such certificate, such acknowledgment shall have the same effect as such certificate, till the granting of such certificate by said commissioner of labor: Provided, Said applicant has not been notified by an inspector what alterations and repairs are necessary: Provided, The commissioner of labor by himself or deputy shall make such examination annually whether requested to do so or not.

Employees to SEC. 6. Any employee of any person, firm, corporation or assogive notice of ciation shall notify his employer of any defect in, or failure to guard the machinery, appliances, ways, works and plants, with which or in about which he is working, when any such defect or failure to guard shall come to the knowledge of any said employee, and if said employer shall fail to remedy such defects then said employee may complain in writing to the commissioner of labor of any such alleged defects in or failure to guard the machinery appliances, ways, works and plants, or any alleged violation by such person, firm, corporation or association, of any of the provisions of this act, in the machinery and appliances and premises used by such person, firm, corporation or association, and with or about which such employee is working, and upon receiv ing such complaint, it shall be the duty of the commissioner of labor, by himself or his deputy, to forthwith make an inspection of the machinery and appliances complained of.

Certificates.

Failure on the part of an employee to report the unguarded condition of machinery is not a bar to recovery for injuries received because of such condition. 94 Pac. Rep. 930.

SEC. 7 (as amended by chapter 205, Acts of 1907). Whenever upon examination or reexamination of any factory, mill or workshop, store or building, or the machinery or appliances therein to which the provisions of this act are applicable, the property so examined and the machinery and appliances therein conform in the judgment of said commissioner of labor to the requirements of this act, he shall thereupon issue to the owner, lessee or operator of such factory, mill or workshop or to the owner, lessee or occupant of any such storehouse, wareroom or store, a certificate to that effect, and such certificate shall be prima facie evidence as long as it continues in force of compliance on the part of the person, firm, corporation or association to whom it is issued, with the provisions of this act. Such certificate may be revoked by said commissioner of labor at any time upon written notice to the person, firm, corporation or association holding the same, whenever in his opinion after reexamination, conditions and circumstances have so changed as to justify the revocation thereof. A copy of said certificate shall be kept posted in a conspicuous place on every floor of all factories, mills, workshops, storehouses, warerooms or store to which the provisions of this act are apDefective plicable. If, in the judgment of said commissioner of labor, such factory, mill or workshop, or the machinery and appliances therein contained, or such storehouse, wareroom or store does not conform to the requirements of this act, he shall forthwith, personally or by mail, serve on the person, firm, corporation or association operating or using such machinery or appliances, or occupying such premises, a written statement of the requirements of said commissioner of labor before he will issue a certificate as hereinbefore provided for; said requirements shall be complied

conditions.

with, within a period of thirty days after said requirements have been served as aforesaid and thereupon the said commissioner of labor shall forthwith issue such certificate; but if the person, firm or corporation operating or using said machinery and appliances or occupying such premises shall consider the requirements of said commissioner of labor unreasonable and impracticable or unnecessarily expensive, he may within ten days after the requirements of said commissioner of labor have been served upon him appeal therefrom or from any part thereof, to three arbitrators to whom shall be submitted the matter and things in dispute, and their findings shall be binding upon said applicant and upon the commissioner of labor. Such appeal shall be in writing, ad- Appeals. dressed to the commissioner of labor and shall set forth the objections to his requirements, or any part thereof, and shall mention the name of one person who will serve as the representative of said applicant calling for arbitration. Immediately upon the Arbitration. receipt of such notice of appeal, it shall be the duty of the commissioner of labor to appoint a competent person as arbitrator resident in the county from which such appeal comes, and to notify such person so selected, and also the party appealing stating the cause of the arbitration, and the place, date and time of meeting. These two arbitrators shall select the third, and as soon thereafter as practicable, give a hearing on the matters of said appeal, and the findings of these arbitrators by a majority vote, shall be reported to the commissioner of labor, and to the applicant, and shall be binding upon each. The expense of such arbitration shall be borne by the party calling for the arbitration; and if said arbitrators sustain the requirements of said commissioner of labor or any part thereof, said applicant shall within thirty days, comply with the findings of said arbitrators, and thereupon said commissioner of labor shall issue his certificate as hereinbefore provided (in section four of this act), but if said arbitrators shall sustain such appeal or any part thereof, the same shall be binding upon said commissioner of labor; and any such person, firm, corporation or association shall within thirty days, after the finding of the board of arbitrators, comply with the requirements of the commissioner of labor, as amended by said arbitrators, if so amended as herein provided for, and thereupon said commissioner of labor shall forthwith issue to any such person, firm, corporation or association, his certificate as provided for in section four of this act: Provided, however, That before any certificate shall Fees. be issued by said commissioner of labor as provided for in this act, the person, firm, corporation or association which has complied with the provisions of this act, shall pay to the commissioner of labor of the State of Washington, an annual fee of ten dollars (provided, That any person, firm, corporation or association, employing not to exceed five persons in said factory, mill or workshop shall pay a fee of five dollars), and take his receipt therefor: It is further provided, That the withholding of such certificate shall not excuse such person, firm, corporation or association from obtaining the same and paying the required inspection fee, and the person, firm, corporation or association inspected shall likewise be civilly liable for such inspection fee.

Upon presentation of said receipt to said commissioner of labor, or his deputy, he shall forthwith issue said certificate as in this act provided. Said fee shall entitle the person, firm, corporation or association paying the same, to any and every inspection of any factory, mill, workshop, storehouse, wareroom or store, and the machinery and appliances contained therein, owned and operated by the party paying said fee, that may be necessary, for a period of one year subsequent to its payment; and all moneys collected for licenses and fines, under the provisions of this act, shall be paid into the State treasury and be converted into a special factory inspection fund, from which special fund shall be paid the deputy factory inspectors required to enforce the provisions of this act. Said deputy factory inspectors shall be paid from the special factory inspection fund, upon the presentation

of vouchers properly signed by the labor commissioner in the same manner in which other employees of the State are paid.

SEC. 8. Any person, firm, corporation or association who violates or omits to comply with any of the foregoing requirements or provisions of this act, and such violation or omission shall be the proximate cause of any injury to any employee, shall be liable in damages to any employee who sustains injuries by reason thereof: Provided, The amount of damages which any one person may recover in an action for or on account of injuries received by reason of any alleged violation of any of the provisions of this act, is hereby expressly limited to the sum of seven thousand five hundred dollars.

SEC. 9. No action for the recovery of compensation for injury under this act shall be maintained unless notice of the time, place and cause of injury is given to the employer within six months, and the action is commenced within one year, from the occurrence of the accident causing the injury. The notice required by this section shall be in writing, signed by the person injured, or by some one in his behalf; but if from mental or physical incapacity it is impossible for the person injured to give the notice within the time provided in this section he may give the same within ninety (90) days after such incapacity is removed, and in case of his death without having given the notice because of mental or physical incapacity, his executor, or administrator may give such notice within thirty days after his appointment.

SEC. 10. Nothing in this act contained shall prevent any person from bringing an action under any other statute or act or at common law for any personal injuries received by him; and in that event the certificate provided for herein shall not be admitted in evidence in such suit or action.

SEC. 11 (as amended by chapter 205, Acts of 1907). Any person, firm, corporation or association who violates or fails to comply with any of the provisions of this act or to pay for and obtain the certificate of inspection shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. SEC. 12. A copy of this act, together with the name and address of the commissioner of labor, printed in a legible manner, shall be kept posted in a conspicuous place on each floor of every factory, mill, workshop, storehouse, wareroom or store, and at the office of every public and private work to which the provisions of this act are applicable, upon the same being supplied to the operators, owners, lessee, or occupants, of such places with sufficient copies thereof by the commissioner of labor.

CHAPTER 158.-Bribery, etc., of employees.

SECTION 1. Any agent, employee or factor of any firm, person, association or corporation, or any agent[,] employee or officer of any corporation or municipality, who shall receive or accept any gift, bonus, gratuity, commission or thing of value from any person, firm, association or corporation with whom he shall contract for, or from whom he shall purchase any chattels, goods, wares, merchandise or material for his principal, employer, corporation or municipality, shall be deemed guilty of a misdemeanor.

ACTS OF 1907.

CHAPTER 20.-Hours of labor of employees on railroads.

SECTION 1. It shall be unlawful for any common carrier by railroad or any of its officers or agents, to require or permit any employee engaged in or connected with the movement of any train to remain on duty more than sixteen consecutive hours, except when by casualty occurring after such employee has started on his trip; or, except by accident or unavoidable delay of trains scheduled to make connection with the train on which such em