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, haring 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

Proviso. 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 employecs, etc. SECTION 2349. Any person entitled to vote at a general election Two hours 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, Proviso. 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 Penalty. month or more than six months).

Liability of employers for injuries to employees.

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.

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


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 hun-

dred dollars each, and for services rendered within sixty days In assign- previous to any such assignment, are and shall be, preferred ments.

claims, and shall be paid by such trustee, receiver or assignee, beProviso. fore 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 adminis- Sec. 2929. In case of the death of an employer the wages of each tration.

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. In execu- Sec, 2030. In cases of execution, attachment and writs of simitions, etc.

lar naiure, 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, defend. ant 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 lery 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 recorered 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 creditor, 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, howcrer, l'pon 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.


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 bis 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 Penalty. 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.


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.

SECTIOX 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 Terri

Penalty. torial prison for not less than one nor more than ten years. SEC. 356. Every person who is intoxicated while in charge of a


of engineers, locomotive engine, or while acting as conductor or driver upon etc. any railroad train or car, whether propelled by steam or drawn

by horses, or while acting as train dispatcher, or as telegraph operator, receiving or transmitting dispatches in relation to the move

ment of trains, is guilty of a misdemeanor: Negligence SEC. 358. Every engineer, conductor, brakeman, switch tender, ondangering life.

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. Monthly pay SECTION 615. All corporations or individuals employing men day. Lawful mon

shall pay wages due their employees at least once a month, in ey to be used. lawful money of the United States of America, or bank check of

even date. Discharged SEC. 616. Whenerer an employee quits the service or is disemployees.

charged therefrom, such employee shall be paid, whatever wages are due hini, 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. Violations. 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. Eight hours SECTION 1. The period of employment of workingmen in all a day's work. underground mines or workings shall be eight hours per day, ex

cept in cases of emergency where life or property is in immient

[imminent] danger. Penalty. 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 miselemeanor, 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 fines are imposed.

ACT No. 34.Hours of labor of railroad employecs-Number of


Nine hours' 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. Penalty. 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 por more than $300 for each and every

violation thereof. Number of SEC, 3. It shall be unlawful for any such company referred to brakemen.

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. Penalty. For each violation of this section, penalty same as named in section 2.

Act No 58.Payment of wages in scrip. Scrip, etc., to

SECTION 1. All persons, firms, corporations and companies using be redeemed.

coupons, script [scrip), punch outs, store orders or other evidences of indebtedness to pay their or its laborers or employees for labor, or otherwise, shall, if demanded, redeem the same in the hands of such laborer, employee, or bona fide holder, in lawful money of the United States: Provided, The same is presented and redemption demanded of such person, firm, company, or corporation using same as aforesaid, at a regular pay day of such person, firm, company or corporation to laborers or employees or if presented and redemption demanded as aforesaid by such laborers, employees or bona fide holders at any time not less than thirty days from the issuance or delivery of such coupon, script [scrip), punch out, store order or other evidences of indebtedness to such employees, laborers or bona fide holder.

Such redemption to be at the face value of the said script [scrip), punch out, coupo!), store order or other evidences of indebtedness.

Prorided. further, Said face value shall be in cash, the same as its purchasing power in goods, wares and merchandise at the commissary company store, or other repository of such company store (sic), firm, person or corporation aforesaid.

SEC. 2. Any employee, laborer or bona fide holder referred to Ilolder in Paragraph I of this act upon presentation and demand for re- sue. demption of such script (serip), coupon, punch out, store order or other evidences of indebtedness aforesaid, and upon refusal of such person, firm, corporation or company to redeem the same in good and lawful money of the United States, may maintain in his, her, or their own name an action before any court of competent jurisdiction against such person, firm, corporation or company, using same as aforesaid, for the recovery of the value of such coupon, script [scrip), punch out, store order or other evidences of indebtedness, as defined in Paragraph I of this act.


ACTS OF 1907.

CHAPTER 13.-Employment of women and minors in saloons.

SECTION 1. It shall be unlawful for the owner of any saloon Employment within the Territory of Arizona to permit any woman or minor, forbidden. either for hire or otherwise, to sing, to recite, to dance, to play on any musical instrument, to give any theatrical or other exhibition, to drink, serve drinks or any other form of refreshment or viands, or to solicit for the purchase of [or] sale thereof; to engage in, or to take part in, any game of chance or amusement, or to loiter in any saloon or in any room or apartment, except the lobby of a legitimate hotel, opening from or into any saloon within the Territory of Arizona.

SEC. 2. Any person who shall violate any provision of this act Penalty. shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than three hundred collars, or by imprisonment in the county jail for not less than thirty days or more than one hundred and eighty days, or by both such fine and imprisonment in the discretion of the court.


CHAPTER 72.-Mine regulations-Signals.
SECTION 1. Every person, company, corporation or individual, Signals
operating any mine within the Territory of Arizona, gold, silver, quired.
copper, lead, coal or any other metal or substance where it is nec-
essary to use signals by means of bell or otherwise, for shafts, in-
clines, drifts, crosscuts, tunnels and underground workings, shall
after the passage of this bill adopt, use and put in force the follow-
ing system or code of mine bell signals as follows:

1 bell to hoist.
1 bell to stop.
2 bells to lower.
2 slow bells to lower slow.

« ForrigeFortsett »