or who, being a merchant or shopkeeper, druggist excepted, keeps open store on that day, must, for the first offense, be fined not less than ten nor more than twenty dollars, and for the second or any subsequent offense, must 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 Exceptions. county for not more than three months; but the provisions of this section do not apply to the running of railroads, stages, or steamboats, or other vessels navigating the waters of this State, or any manufacturing establishment which requires to be kept in constant operation.

Who are vagrants.

Penalty.

Proof.

Exemptions.

What earnings exempt.

Employment

hours.

Hiring out children to support parents in idleness.

SECTION 7843. The following-described persons are vagrants:

(12) Any person who has no property sufficient for his support and who is able to work and does not work, but hires out his children or allows them to hire out. * * *

SEC. 7844. Vagrancy is a crime, and any person convicted thereof must be fined not more than five hundred dollars, and may also be sentenced to hard labor for the county for not more than twelve months.

* * 2

SEC. 7845. In prosecutions for vagrancy the burden of proof shall not rest upon the State to establish the fact that the defendant has no property sufficient for his support, nor means of a fair, honest, and reputable livelihood, but whenever it shall be established by the proof in any prosecution under this chapter that the defendant is able and does not work, but hires out his minor children, or allows them to hire out, then, or in either of such events, a prima facie case of guilt is hereby declared to be established * * and the burden of proof shall be upon the defendant to show that he has sufficient property from which to obtain a support, or sufficient means of maintaining a fair, honest, and reputable livelihood; but if the evidence for the defendant is sufficient when considered together with all of the evidence in the case to raise a reasonable doubt as to his guilt he shall be entitled to an acquittal.

*

*

SEC. 7846. The provisions of this chapter shall not apply to persons who are idle because of strikes or lockouts.

ARIZONA.

REVISED STATUTES OF 1901.

CIVIL CODE.

Exemption of wages from garnishment.

SECTION 388 (as amended by chapter 34, Acts of 1907.) Onehalf of the earnings for personal services rendered at any time within thirty days next preceding the service of the writ shall not be subject to garnishment when it shall be made to appear by the affidavit of the debtor that such earnings are necessary for the support of his family, residing within this Teritory, and supported wholly by his labor.

Employment of children-School attendance.

SECTION 2231 (as amended by chapter 67, Acts of 1907). No during school child under the age of fourteen years shall be employed by any person, persons, company or corporation during the school hours of any school day of the school term of the public school in the school district where such child resides, unless such child has been excused from attendance on instruction, as provided in this section. Every such employer shall require proof that such child has been excused from such attendance, and shall keep a record of such

proof, which shall be open to the inspection of any peace officer or school trustee of the district. Any employer employing any child contrary to the provisions of this section shall be deemed guilty of a misdemeanor, and liable to a fine of not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars, to be placed to the credit of the school fund of the district. Every parent, guardian, or other person in the Territory of Arizona, having control of any child between the ages of eight and fourteen years (or of any child of the age of fourteen and under the Age of atage of sixteen, who is unable to read and write in the English tendance. language), shall be required to send such child to a public school or private school taught by a competent instructor for a period of six schools [sic] months of which twenty school weeks shall be consecutive, in each school year, said child to begin attendance on school within two weeks after the opening of school for the admission of pupils: Provided, That such parent, guardian or other person having control of such child shall be excused from such duty by the board of trustees of the district whenever it shall be shown to its satisfaction that one of the following reasons exist [sic] therefor:

1. That such child is taught at home by a competent instructor in the branches taught in the primary and grammar schools of the Territory.

2. That such child has already completed the grammar school course prescribed by the Territorial board of education.

3. That such child is in such physical or mental condition (as declared by a competent physician, if required by the board) to render such attendance inexpedient or impracticable.

4. That circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm, or other sufficient cause, shall work an exemption from the penalties of this act.

Time to vote to be allowed employees, etc.

Proviso.

Two hours

Proviso.

SECTION 2349. Any person entitled to vote at a general election held within this Territory shall, on the day of such election, be allowed. . entitled to absent himself from any service or employment at which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls; and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or wages: Provided, however, That application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or who shall, directly or indirectly, violate the provisions of this title, shall be guilty of a misdemeanor and punished as provided in section 77 [confinement in county jail for not less than one month or more than six months].

Liability of employers for injuries to employees.

Penalty.

Acts of fel

SECTION 2767. Every corporation doing business in the Territory of Arizona, shall be liable for all damages done to any employee low-servants. in consequence of any negligence of its agents or employees to any person sustaining such damage: Provided, Such corporation has had previous notice of the incompetency, carelessness or negligence of such agent or employee.

Wages preferred-In assignments, administration, etc. SECTION 2928. In all assignments of property made by any persou to trustees or assigns on account of the inability of such person paid first.

Wages to be

ments.

Proviso.

at the time of his assignment, to pay his debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, clerks or laborers, employed by such person, to the amount of two hundred dollars each, and for services rendered within sixty days In assign- previous to any such assignment, are and shall be, preferred claims, and shall be paid by such trustee, receiver or assignee, before any other creditor or creditors of such assignor: Provided, That such claims shall be filed with such trustee, receiver or assignor [assignee], duly verified by the oath of such creditor, or by some person for him, and notice of such filing be served in writing on such assignor, or on some one acting for him, within five days after the filing of the same, with such receiver, trustee or assignee, or by filing with such trustee, receiver or assignee, said notice in writing for said assignor, and the leaving of said notice with said assignee, trustee or receiver, shall be deemed sufficient notice for such assignor.

In administration.

In executions, etc.

SEC. 2929. In case of the death of an employer the wages of each miner, mechanic, salesman, clerk, servant and laborer for services rendered within sixty days next preceding the death of the employer, not exceeding two hundred dollars, ranks in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate and the allowance to the widow and infant children, and must be paid before any other claims against the estate of the deceased person.

SEC. 2930. In cases of execution, attachment and writs of similar nature, issued against any person, except for claims for labor done, and which are claiming protection under this act, any miners, mechanics, salesmen, servants and laborers who have claims against the defendant for labor done, may give notice of their claims, and the amount thereof, sworn to by the persons making the claim, or some one for them, to the creditor, defendant debtor, or to their agents or attorneys acting for them, and to the officer executing either of such writs, at any time within three days before the actual sale of the property levied on.

And such officer shall file such sworn statement with the clerk of the court in which the cause is pending, and unless such claim shall be disputed by such debtor or creditor before such sale, such officer shall pay such person out of the proceeds of such sale the amount each is entitled to receive for such services rendered within sixty days next preceding the levy of the writ, not exceeding the sum of two hundred dollars to each; and upon the failure of any such officer to do so, he shall forfeit to the claimant whom he refuses or fails to pay, the amount of his claim to be recovered by civil action at the suit of such claimant, and be responsible therefor on his official bond.

If any of the claims so presented, and claiming preference under this section, are, or shall be disputed, either by the debtor or crediter, or any lien holder, the same must be done in writing before such sale, specifying the reasons for disputing the same, which written statement disputing any claim of lien shall be verified and delivered to the officer before the sale and shall by him be filed in the court in which the action is pending, and the officer shall, out of the first moneys received, pay all claims not disputed: Provided, That if the total amount of all the claims presented exceeds the amount of money in the hands of the officer, derived from such sale, such officer shall pay to the holders of such undisputed claims their pro rata of such money, and shall pay the pro rata amount of the disputed claims, together with such sum for costs as the court may order into court; and the court or justice shall in the action cite all parties interested by citation to the parties or notice to their attorneys of record; and in a summary manner determine the question of the validity of such disputed claims: Provided, however, Upon a proper showing either by the judgment debtor, creditor, any lien holder or the officer making the sale the court may determine the validity of all claims of lien and the rights of all parties and order and direct the officer in distributing the proceeds of sale.

PENAL CODE.

Protection of employees as voters.

SECTION 42. * It shall be unlawful for any employer, Coercion, either corporation, association, company, firm or person, in paying etc., by em its, their or his employees the salary or wages due them, to inclose ployers. 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 opinion, views or actions of such employees. Nor shall it be lawful for any employer, either corporation, association, company, firm or person, within ninety days of any election provided by law, to put up or otherwise exhibit in its, their or his factory, workshop, mine, mill, boarding house, office or other establishment or place where its, their or his employees may be working or be present in the course of such employment, any handbill, notice or placard containing any threat, notice or information that in case any particular ticket or candidate shall be elected, work in its, their or his place or establishment will cease in whole or in part, or its, their or his establishment be closed, or the wages of its, their or his workmen be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of its, their or his employees. Any person or persons, or corporation, violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and any person, whether acting in his individual capacity or as an officer or agent of any corporation so guilty of such misdemeanor shall be punished as prescribed in the next section.

SEC. 43. It shall be unlawful for any corporation or any officer Same subject. or agent of any corporation to influence or attempt to influence by force, violence or restraint, or by inflicting or threatening to inflict any injury, damage, harm or loss, or by discharging from employment or promoting in employment or by intimidation or otherwise in any manner whatever, to induce or compel any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person or persons at any such election. Any such corporation, or any officer or agent of such corporation, violating any of the provisions of this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding five thousand dollars.

Negligence of operators of steam boilers.

Penalty.

life.

SECTION 308. Every engineer or other person having charge of Negligence any steam boiler, steam engine or other apparatus for generating endangering or employing steam, used in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect 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 felony.

Negligence, etc., of employees on railroads.

SECTION 330. Every conductor, engineer, brakeman, switchman, Negligence or other person having charge, wholly or in part, of any railroad causing death. car, locomotive, or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the Territorial prison for not less than one nor more than ten years. SEC. 356. Every person who is intoxicated while in charge of a Intoxication locomotive engine, or while acting as conductor or driver upon etc. any railroad train or car, whether propelled by steam or drawn

Penalty.

of engineers,

Negligence endangering

life.

Monthly pay day. Lawful money to be used.

Discharged employees.

Violations.

Eight hours

by horses, or while acting as train dispatcher, or as telegraph operator, receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor:

SEC. 358. Every engineer, conductor, brakeman, switch tender, 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, or any person or corporation knowingly employing any such person, is guilty of a misdemeanor.

Payment of wages.

SECTION 615. All corporations or individuals employing men shall pay wages due their employees at least once a month, in lawful money of the United States of America, or bank check of even date.

SEC. 616. Whenever an employee quits the service or is discharged therefrom, such employee shall be paid, whatever wages are due him, in lawful money of the United States of America, or by check of even date, on a bank, and said wages shall be paid at once.

SEC. 617. Any person or persons violating any of the provisions of the two preceding sections are guilty of a misdemeanor.

ACTS OF 1903.

ACT No. 8.-Hours of labor in mines.

SECTION 1. The period of employment of workingmen in all a day's work. underground mines or workings shall be eight hours per day, except in cases of emergency where life or property is in immient [imminent] danger.

Penalty.

Nine hours'

SEC. 2. Any person, body corporate, agent, manager or employer who shall violate any of the provisions of section 1 of this act shall be guilty of a misdemeanor, and on conviction therefor shall be fined in the sum of not less than one hundred dollars, nor more than three hundred dollars for each offense, the same to be collected as in other cases where fiues are imposed.

ACT No. 34.-Hours of labor of railroad employees-Number of brakemen.

SECTION 1. No company operating a railroad in whole or in rest required, part within the Territory of Arizona shall require any conductor, when. engineer, fireman, brakeman, telegraph operator, or any employee who has worked in his respective capacity for sixteen consecutive hours, except in case of casualty, or actual necessity, to again go on duty, or perform any work until he has at least nine hours' rest.

SEC. 2. Any company which violates or permits to be violated any of the provisions of the preceding section or any officer or agent of such company who violates or permits to be violated any of the provisions of the preceding section, shall be punished by a fine of not less than $50 nor more than $300 for each and every violation thereof.

SEC. 3. It shall be unlawful for any such company referred to in section 1 of this act to allow any trains to be run on mountain divisions where the ruling grade is over ninety-five feet to the mile, unless there is a brakeman assigned to ever [every] 600 tons in such train while being handled on such grade. For each violation of this section, penalty same as named in section 2.

ACT No 58.-Payment of wages in scrip.

SECTION 1. All persons, firms, corporations and companies using coupons, script [scrip], punch outs, store orders or other evidences