CHAPTER 5.-Protection of employees as voters. SECTION 7. * ; and any corporation which shall, by its officers, agents or otherwise, prevent or attempt to prevent any voter in its employ from attending any election, or from freely exercising his right of suffrage at any election at which he is entitled to vote, by any threat direct or indirect, express or implied, to discharge, or deprive such voter from his employment, or shall discharge or deprive such voter from its employment because of any vote he may cast, or refuse to cast, at any election at which he is entitled to vote, it shall be guilty of a misdemeanor, and shall upon conviction be fined not less than five thousand dollars nor more than twenty thousand dollars for every such offense, at the discretion of the jury.

CHAPTER 32.-Employment offices.

SECTION 2 (as amended by chapter 82, Acts of 1907). No person without a State license therefor shall

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(z) carry on the business of a labor agency:

Provided, That nothing in this chapter contained, and no license or payment under the provisions hereof, shall be taken to legalize any act which otherwise may be in violation of law, or exempt any person from any penalty prescribed for such violation.

SEC. 3. Any person violating either of the two preceding sections shall, * * for every such offense, forfeit not less than ten, nor more than one hundred dollars, and may, at the discretion of the court, be imprisoned in the county jail not exceeding three months.

SEC. 109 (as amended by chapter 82, Acts of 1907).

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on every license to conduct the business of a labor agency, one hundred dollars; any person or corporation who hires or contracts with laborers, male or female, to be employed by persons other than himself and to be transported out of the State for employment in another State, shall be deemed a labor agency within the meaning of this clause.

CHAPTER 41.-Exemption of wages-Unlawful assignment of claims.

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Assigning SECTION 29a. I. It shall be unlawful for any person to insticlaims for col- tute, or permit to be instituted, proceedings in his own name, or lection outside of State. in the name of any other person, or to assign or transfer, either for or without value, any claim for debt, or liability of any kind, held by him against a resident of this State, for the purpose of having payment of the same, or any part thereof, enforced out of the wages that may be exempted by the Code of West Virginia by proceedings in attachment or garnishment, in courts, or before justices of the peace, in any other State than in the State of West Virginia; or to send out of this State by assignment, transfer, or in any other manner whatsoever, either for or without value, any claim or debt against any resident thereof, for the purpose or with the intent of depriving such person of the right to have his wages exempt from distress levy, or garnishment, according to the provisions of the Code of West Virginia. And the person instituting such suit, or permitting such suit to be instituted or sending, or assigning, or transferring any such claim or debt for the purpose, or with the intent aforesaid, shall be liable in an action of debt to the person from whom payment of the same or any part thereof shall have been enforced by attachment or garnishment, or otherwise, elsewhere than in the State of West Virginia, for the full amount, payment whereof shall have been so enforced, together with interest thereon, and the cost of the attachment or garnishee proceedings, as well as the costs of said action to recover the same.

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CHAPTER 144.-Negligence of employees on public conveyances.

SECTION 17. If any driver, conductor or captain of any vehicle Negligence or boat, for public conveyance, or any person in charge of such causing injury. vehicle or boat shall, in the management of such vehicle or boat,

willfully or negligently inflict bodily injury on any person, he shall be punished as for a misdemeanor.

CHAPTER 145.-Intoxication of railroad employees.

Intoxication

SECTION 30. If any person while in charge of a locomotive engine, running upon the railroad of any corporation, or while act- of engineer, etc. ing as the conductor or brakeman of any car or train of cars, on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not exceeding five hundred dollars.

CHAPTER 149.-Sunday labor.

SECTION 16. If a person, on a Sabbath day, be found laboring at Sunday labor any trade or calling, or employ his minor children, apprentices, or forbidden. servants in labor or other business, except in household or other work of necessity or charity, he shall be fined not less than five dollars for each offense. And every day any such minor child, or servant, or apprentice is so employed, shall constitute a distinct offense. *

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SEC. 17. No forfeiture shall be incurred under the preceding section # * for running any railroad train or steamboat on the Sabbath day, * *; and no forfeiture for laboring on the Sabbath day shall be incurred under the said section, by any per

son who conscientiously believes that the seventh day of the week Observance of ought to be observed as a Sabbath and actually refrains from all seventh day. secular business and labor on that day: Provided, He does not com

pel an apprentice or servant not of his belief to do secular work

or business on Sunday, and does not on that day disturb any other person in his observance of the same.

And no contract shall be

deemed void because it is made on the Sabbath day.

APPENDIX.

Employment of children.

(Act, page 1055, as amended by chapter 75, Acts of 1905.)

SECTION 1. No minor, male or female, under the age of twelve Age limit. years shall be employed for wages or otherwise in any mine, factory, workshop, mercantile or manufacturing establishment where goods or wares are made or sold, and no such minor under the age of fourteen years shall be employed during the free school term of the district in which such child resides: Provided, however, That this section shall not be construed to apply if such employ- Employment ment will not interfere with the regular attendance at the school during of such minor. And in all cases of minors applying for work it shall be the duty of the manager, superintendent, foreman or operator, to see that the provisions of this section are complied with.

time.

SEC. 2. Any manager, superintendent, foreman or operator in Penalty. any mine, factory, workshop, mercantile or manufacturing establishment, and parents and guardians, allowing any child to work in violation of section one of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than twenty dollars for each and every offense.

school

SEC. 3. It shall be the duty of the prosecuting attorney to en- Enforcement. force the provisions of this act, and to prosecute the violations of the same before any magistrate or court of competent jurisdiction in this State, and it shall be the duty of the commissioner of labor to report all violations of this act to the prosecuting attorney.

Scales to be provided.

Testing.

Cars to marked.

be

Weighing coal at mines.

(Page 1055.)

SECTION 1. It shall be the duty of every corporation, company or person, engaged in the business of mining and selling coal by weight or measure, to procure and constantly keep on hand at the proper place, the necessary scales and measures and whatever else may be necessary, to correctly weigh and measure the coal as mined by such corporation, company or person. And it shall be the duty of the sealer of weights and measures for every county in which coal is so mined and sold, to visit each coal mine operated therein, and where such scales and measures are kept, at least once in each year, and test the correctness of such scales and measures. The owner or operator of such coal mine, or any two or more of the miners working therein, may in writing require his attendance at the place where such scales and measures are kept, at other times, in order to test the correctness thereof, and it shall be his duty to comply with such requests as soon as he can, after receiving such request. If his attendance is required by the owner or operator of such mine, or if by the miners working therein, and the scales or measures tested be found not to be correct, his fee shall be paid by the owner or operators, and if his attendance be required by the miners and the scales or measures tested be found to be correct, his fees shall be paid by them. If in any such county there be no sealer of weights and measures, the duties herein required to be done and performed by such sealer, shall be done and performed by the inspector of mines for the district of which such county forms a part.

SEC. 2. Each car used by any such corporation, company or person in removing coal from any coal mine, shall be numbered by consecutive numbers plainly marked, and placed and kept thereon as long as such car is so used. And if the coal from such mine is mined, and the miners are paid according to the weight thereof for mining the same, every such car so used shall be weighed upon such tested scales, and the weight thereof shall be plainly marked and placed thereon as long as such car shall be used as aforesaid. If the coal at any such mine is mined, and the miners thereof are paid for mining the same by measure, the number of bushels of coal such car will hold when loaded to its capacity, shall also be plainly marked, and placed and kept thereon as long as such car is so used as aforesaid. And no car shall be used for the purpose aforesaid, * until the provisions of this section are complied with. SEC. 3. All coal so mined and paid for by weight, shall be weighed before weighed in the car in which it is removed from the mine before screening. it is screened, and shall be paid for according to the weight so ascertained, at such price per ton as may be agreed on by such owner or operator and the miners who mined the same. And coal mined and paid for by measure, shall be paid for according to the number of bushels marked upon each car in which it is removed from the mine, and before it is screened, and the price paid for each bushel so ascertained shall be such as may be agreed on as aforesaid.

Coal to be

Weighmen.

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SEC. 4. Every such corporation, company or person shall employ a weighman, and the miners working in any such coal mine may employ another such weighman, and the two so employed shall supervise the weighing of each car while empty, and the weighing of the same when loaded with coal so paid for by weight, and the measuring of the number of bushels therein, when necessary, so paid for by measure. But if the miners fail to employ such weighman, then the person so employed by such corporation, company or person shall perform that duty. Each of the persons so employed before entering upon the discharge of the duties of his employment shall take and subscribe an oath or affirmation that he will honestly and impartially do and perform the duties of his

employment, and do equal and exact justice between employers and employees interested in the matter of his employment, to the best of his judgment, skill and ability.

SEC. 5. In any county in which the mine inspector is required to Weights and act as herein mentioned, the county court of such county shall fur- measures. nish him with whatever is necessary to enable him to discharge his duties, if such court has procured the weights and measures and balances provided for by chapter fifty-nine of the Code of West Virginia; and if not, the State sealer of weights and measures shall furnish him with whatever may be necessary to enable him to discharge the duties hereby required of him, and the things so furnished him, in either case, shall be returned by him to the person from whom he received them as soon as possible after he has performed the duties for which he received them. But it shall be the duty of every corporation, company or person so engaged in the business of mining coal, to procure and constantly keep on hand a sealed weight, of at least fifty pounds, and a sealed measure of at least one bushel, to be used for the purposes of this act. SEC. 6. Any corporation, company or person violating any of the Penalty. provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall for each offense, be fined not less than twenty-five dollars and not more than five hundred dollars. And the officer, agent or employees of the corporation or company whose duty it was to do or perform the act, or to cause it to be done and performed, which is the subject of the indictment, may be indicted jointly, with said corporation or company, and upon conviction thereof, in the discretion of the court, he may be imprisoned in the county jail not less than ten nor more than sixty days.

Application

SEC. 7. This act shall not apply to any corporation company or person owning or operating a coal mine in which less than ten of law. miners are employed.

This act is constitutional. 36 W. Va. Rep. 802.

Bureau of labor.

(Page 1057.)

ated.

SECTION 1. There is hereby created a State bureau of Bureau labor, to be under the control and management of a commissioner to be known as the State commissioner of labor, who is to be appointed as hereinafter provided.

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cre

SEC. 2. The governor shall, with the advice and consent of the Commissioner. senate, appoint a competent person, who is identified with the labor interests of the State, to be State commissioner of labor, who shall hold his office * * for a term of four years and until his successor is appointed and qualified. SEC. 3. The commissioner of labor * shall receive an Salary, etc. annual salary of $1,200 for his services. The commissioner of labor is hereby authorized to employ such assistance and incur such expenses as may be necessary to carry into effect the purposes of this act; but such assistance and expenses shall not exceed $1,200.

SEC. 4. It shall be the duty of the commissioner of labor to col- Duties. lect, compile and present to the governor, in annual report, statistical details relating to all departments of labor and the industrial interests of the State, especially in relation to the financial, social, educational and sanitary condition of the laboring classes, and all statistical information that may tend to increase the prosperity of the productive industries of the State. He shall, once at least in each year, visit and inspect the principal factories and workshops of the State; and shall, upon complaint and request of any three or more reputable citizens, visit and inspect any place where labor is employed and make true report of the result of his inspection. SEC. 5. The commissioner of labor shall have power, in the dis- Powers. charge of his duties, to enter and inspect any public institution of the State and any factory, workshop or other place where labor is employed. He may furnish a written or printed list of interroga

Answers to tories, asking information essential to a proper discharge of his inquiries. duties, to any person, company or corporation employing labor, and require full and complete answers thereto. And if any person, or the officers of any company or corporation shall neglect or refuse to answer, within a reasonable time, any proper question propounded to him by the commissioner of labor; or if any person or the officers of any company or corporation to whom a list of interrogatories has been furnished, shall neglect or refuse to fully and truthfully answer and return the same, such person or such officer of such company or corporation shall be deemed guilty of a misdemeanor. The commissioner of labor shall report to the prosecuting attorney of the proper county all such violations of this act; whereupon said prosecuting attorney shall proceed against the persons guilty thereof, as in other cases of misdemeanor; and any person or any officer or any company or corporation, convicted in such proceedings shall be fined not less than ten dollars nor more than fifty dollars, or shall be confined in the county jail not less than ten nor more than ninety days, or shall be both fined and imprisoned within the above limits.

Duty of offi

cers.

Payment money.

in

SEC. 6. All State, county, district and city officers shall furnish the commissioner of labor, upon his request, all statistical information relating to labor, which may be in their possession as such officers. The commissioner of labor shall report to the governor, on or before the first day of December in each year, all the statistics he has collected and compiled, with such suggestions as he may deem advisable as to legislation tending to promote and increase the prosperity of the industrial establishments of the State, and to protect the lives and health and to promote the prosperity of the persons employed therein.

Payment of wages.

(Page 1058.)

SECTION 1. It shall be unlawful for any corporation, company, firm or person, engaged in any trade or business, either directly or indirectly, to issue, sell, give or deliver, to any person employed by such corporation, company, firm or person, in payment of wages due such laborer, or as advances for labor not due, any scrip, token, draft, check, or other evidence of indebtedness, payable or Scrip to be redeemable otherwise than in lawful money; and if any such scrip, redeemable. token, draft, check or other evidence of indebtedness, be so issued, sold, given or delivered to such laborer, it shall be construed, taken and held in all courts and places, to be a promise to pay the sum specified therein in lawful money by the corporation, company, firm or person, issuing, selling, giving or delivering the same to the person named therein, or to the holder thereof. And the corporation, company, firm or person so issuing, selling, giving or delivering the same, shall, moreover, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twentyfive dollars, nor more than one hundred dollars, and, at the discretion of the court, the officer or agent of the corporation, company, or firm, or the person issuing, selling, giving or delivering the same, may be imprisoned not less than ten, nor more than thirty days.

Restriction in trading.

SEC. 2. If any corporation, company, firm or person, shall coerce or compel, or attempt to coerce or compel an employee in its, their or his employment, to purchase goods or supplies in payment of wages due him, or to become due him, or otherwise, from any corporation, company, firm or person, such first named corporation, company, firm or person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the preceding section. And if any such corporation, company, firm or person, shall directly or indirectly, sell to any such employee in payment of wages due or to become due him, or otherwise, goods