Entries and crosscuts. Inspector to give notice. Testing weights. Inspection by fire boss. Oil. Provisions for accidents. Enforce ment. Ventilation. Danger from water. ACT No. 225.—Minc regulations. SECTION 7. The owner, agent, lessee, or operator of any coal mine in this State, if said mine is worked on the room and pillar plan, shall cause such work to be prosecuted in such mine in the following manner, to wit: Two entries parallel with each other must be driven for the ingress and egress of the air, and crosscuts must be made at intervals not to exceed forty feet apart. Where gas exists they shall be driven thirty feet apart, or a crosscut be made at any other place ordered by the management to do so. No room shall be turned inside the last course cut. SEC. 8. The State mine inspector shall, after the passage of this act, give notice in writing to the owner, agent, lessee, or operator in charge of each coal mine worked on the room and pillar plan, to conform to the requirements hereinbefore set out, and if same are not complied with in such mines as work ten or more men underground, then such owner, agent, lessee, or operator so failing, shall be deemed guilty of a misdemeanor, and on conviction be fined not less than ten nor more than fifty dollars for each day in which such mine is operated in violation of the above requirements. SEC. 9. Every agent, owner, lessee, or operator engaged in mining coal in any quantity, where ten or more men are worked underground, shall furnish and keep on hand for the use of the State mine inspector, for inspecting, testing, and examining scales, 500 pounds of United States standard testing weights. SEC. 10. In all mines where a fire boss is employed, all working places and worked-out places adjacent to working places shall be examined, when it can be done, at least once a day by a competent fire boss, whose duty it shall be to enter a report of existing conditions of such working places and worked-out places in a wellbound book, to be kept by him for that purpose, and all dangerous places that are marked out shall be marked on a blackboard, furnished by the company, before any other employee enters the mine. SEC. 11. Nothing but pure lard oil, where oil is used for lighting purposes, shall be used in any underground works, except in the main upcast. This section shall not apply to rope riders. SEC. 12. There shall be kept in the engine room, or at some near by and convenient place, at each mine working ten or more men underground, a supply of oils, bandages, blankets or covers for wraps, and a cot or stretcher, for the use of and to be used by persons who may receive injuries in or at said mines, and the agent, owner, lessee, or operator shall also provide, and maintain at some convenient place, a conveyance in which to take from the mines to their place of abode, persons who may be thus injured. SEC. 16. It shall be, and is hereby made the duty of the prosecuting attorney of the district wherein the State mine inspector may file any complaint for violation of the mining laws of this State, upon notice from the State mine inspector of his having filed such complaint, to at once take charge of and prosecute same on behalf of the State, and upon being informed by the State mine inspector of the violation of any mining law, in his district, it shall be the duty of such prosecuting attorney to swear out or file information against the offender and prosecute the same before any court of competent jurisdiction. SEC. 17. All slopes, drifts, or shafts, used for hoisting or hauling coal, [shall] be made to be the intake of air into the mines, and all air that goes into a mine [shall] be so split that there will not be more than fifty employees working on each split of air, and there shall not be less than 200 cubic feet of air pass each working face per minute, and the State mine inspector [shall] be required to measure the air at all working faces in making his inspection. SEC. 18. Whenever and wherever a coal mine in this State becomes dangerous from high water or overflow of streams adjacent thereto, whereby the lives of miners employed therein are jeopardized by reason of such high water, it shall be the duty of the managers of such coal mine to call the miners out of the same, and forbid their working therein until such danger is past, and failure to do so is hereby made a high misdemeanor, and upon conviction thereof, shall be fined in any sum not less. than five hundred dollars nor more than five thousand dollars, or by imprisonment not less than six months nor more than one year. ACT NO. 233.-Railroads-Shelters for workmen at division points. Shelters ro SECTION 1. It shall be unlawful for any railroad company or corporation, or other persons who own, control or operate any quired. lines of railroad in the State of Arkansas, to build, construct or repair railroad equipment, without first erecting and maintaining at every division point a building or shed over the repair tracks, same to be provided with a floor where such construction or repair [work] is permanently done, so as to provide that all men permanently employed in the construction and repair [of] cars, trucks, and other railroad equipment, shall be under shelter during snows, sleet, rain and other inclement weather. SEC. 2. Every corporation, person or persons, manager, superintendent or foreman of any company, corporation, person or persons, who shall fail or refuse to comply with the provisions of this act after the 1st day of November, 1905, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100); and each and every day that said railroad company, corporation, person or persons, manager, foreman or agent of any such railroad company, corporation, person or persons, shall refuse or fail to comply with the provisions of this act, shall constitute a separate and distinct violation thereof. ACTS OF 1907. ACT NO. 69.-Liability of employers for injuries to employees. Penalty. Injury caused negligence of Employer: Fellow-serv SECTION 1. All railroad companies operating within this State, whether incorporated or not, and all corporations of every kind by and character, and every company whether incorporated or not, engaged in the mining of coal, who may employ agents, servants or employees, such agents, servants or employees being in the exercise of due care, shall be liable to respond in damages for injuries or death sustained by any such agent, employee or servant, resulting from the careless omission of duty or negligence of such em- ant. ployer, or which may result from the carelessness, omission of duty or negligence of any other agent, servant or employee of the said employer, in the same manner and to the same extent as if the carelessness, omission of duty or negligence causing the injury or death was that of the employer. ACT No. 70.-Time to vote to be allowed employees. SECTION 2. All mills, mines, shops and factories in the State of Time to be Arkansas shall suspend work on the day of each general election, allowed. or change the working force of employees, not later than four o'clock p. m. in order that their employees may exercise the right of franchise. Number ACT No. 116.-Railroads-Crews for freight trains. SECTION 1. No railroad company or officer of court owning or operating any line or lines of railroad in this State, and engaged men required. in the transportation of freight over its line or lines shall equip any of its said freight trains with a crew consisting of less than an engineer, a fireman, a conductor and three brakemen, regardless of any modern equipment of automatic couplers and air brakes, except as hereinafter provided. of What roads exempt. Penalty. Obtaining money on contracts. Evidence. Defense. SEC. 2. This act shall not apply to any railroad company or officer of court whose line or lines are less than fifty miles in length, nor to any railroad in this State, regardless of the length of the said lines, where said freight train so operated shall consist of less than twenty-five cars, it being the purpose of this act to require all railroads in this State whose line or lines are over fifty miles in length engaged in hauling a freight train consisting of twenty-five cars or more, to equip the same with a crew consisting of not less than an engineer, a fireman, a conductor and three brakemen, but nothing in this act shall be construed so as to prevent any railroad company or officer of court from adding to or increasing its crew beyond the number set out in this act. SEC. 3. Any railroad company or officer of court violating any of the provisions of this act shall be fined for each offense not less than one hundred dollars nor more than five hundred dollars, and each freight train so illegally run shall constitute a separate offense: Provided, The penalties of this act shall not apply during strikes of men in train service of lines involved. ACT. No. 271.-Repayment of advances made by employers. SECTION 1. Any person who enters into any contract in writing, duly acknowledged or attested by two witnesses for the performance on his part of any act, covenant or service to be performed within fifteen months from the date of execution of such contract, and who, thereafter, by reason of such contractual obligation, or in reliance thereon, or on account thereof, obtains money or other property from any person, and who, thereafter, with an intent to injure or defraud such person, willfully fails or refuses either to perform such act, covenant or service, or in lieu of such performance, to refund such money and pay for such other property as may have been so advanced upon the faith of the due performance of such contractual obligation, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars and not less than twenty-five dollars, or by imprisonment in the county jail not to exceed six months and not less than thirty days, or by both such fine and imprisonment, at the discretion of the court. SEC. 2. The failure or refusal of any such person, either to perform such act, covenant or service so contracted to be performed, or in lieu of such performance, to refund all money, and pay for all other property so advanced upon the faith of the due performance of such contractual obligation, shall be prima facie evidence of a guilty intent to injure or defraud, within the meaning of this act. SEC. 3. If upon any trial under the provisions of this act, the defendant can show that the person who is alleged to have advanced any money or property upon the faith of the due performance of any such contractual obligation, has, upon demand, failed or refused to render to the defendant a just and true account, showing all credits to which the defendant is entitled, of all money and other property so advanced by such person, it shall be a complete defense to any prosecution under this act: Provided, That Counties ex- the provisions of this bill shall not apply to the following counties: empt. Dallas, Grant, Crawford, Conway, Howard, Independence, Franklin, Faulkner, Pike, Ouachita, Polk, Jackson, Newton, Hot Spring, Union, Garland, Fulton, Hempstead, Sharp, Clark, Mississippi, Baxter, Stone, Montgomery, Boone, Johnson, Sebastian, Logan, Calhoun, Lee, Clay, Madison, Columbia, Prairie, Cleburne, White, Lawrence, Searcy, Cleveland, Washington, Scott, Marion, Carroll, Nevada, Van Buren, Arkansas, Cross, Saline, Yell, St. Francis, Benton, Izard, Randolph, Lincoln, and Sevier. ACT No. 282.-Hours of labor of employees on railroads. SECTION 1. It shall be unlawful for any person, corporation, etc., operators. association, their agents or officials operating a railroad within Telegraph, this State to permit any telegraph or telephone operator who is [See sections 6652 to 6654, Digest of 1904, above.] ACT No. 402.-Railroads-Headlights on locomotives. Eight - hour Penalty. Headlights SECTION 1. Any company, corporation or officer of court, owning or operating a railroad over fifty miles in length, in whole or in required. part within this State, shall be required to equip, maintain and use upon each and every locomotive being operated in road service in the State in the nighttime a headlight of power and brilliancy of 1,500 candlepower. SEC. 2. Any company, corporation or officer of court owning or Penalty. operating a railroad over fifty miles in length, in whole or in part within this State, violating the provisions of this act, shall be liable on conviction to a penalty of a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) for each separate offense, which shall be recovered in a civil action in the name of the State. ACT No. 456.-Employment of children-General provisions. SECTION 1. From and after the passage of this act no child under twelve years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State under any circumstances: Provided, That this act shall not apply to industries engaged in the preservation of fruits or vegetables during the school vacation period. Age limit 12 years; Fourteen SEC. 2. On and after September 1, 1907, no child under fourteen years of age shall be so employed, or allowed to labor unless such years. child be an orphan and has no other means of support, or unless a widowed mother or an aged or disabled father is dependent upon the labor of such child in which event, before putting such child at such labor, such father shall produce and file in the office of such factory or manufacturing establishment, a certificate from the county clerk of the county in which said factory or manufacturing establishment is located, certifying under his seal of office to the facts required to be shown as herein prescribed: Provided, That no county clerk shall issue any such certificate except upon strict proof in writing and under oath, clearly showing the necessary facts: And provided further, That no such certificate shall be granted for longer than one year, nor accepted by any employer after one year from the date of such certificate. SEC. 3. On and after September 1, 1907, no child under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State between the hours of seven p. m. and six a. m., nor for more than sixty (60) hours in any one week, nor more than ten (10) hours in any one day. Night work. Hours of labor. ance. SEC. 4. On and after September 1, 1907, no child except as hereto School attendfore provided, under fourteen years of age, shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State, unless he or she can write his or her 43967-08-11 name and simple sentences and shall have attended school for twelve weeks of the preceding year, six of which school attendance shall be consecutive; and no such child as aforesaid between the ages of fourteen and eighteen years shall be so employed unless such child shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive; and at the end of each year, until such child shall have passed the public school age, an affidavit certifying to such attendance, as is required by this section, shall be furnished to the employer by the parent or guardian or person sustaining parental relations to such child. The provisions of this section shall apply only to children entering such employment at the age of fourteen or less. SEC. 5. It shall be unlawful for any owner, superintendent, agent or any other person acting for or in behalf of any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent or guardian or person standing in parental relation thereto, certifying to the age and date of birth of such child, and other facts required in this act. Any person knowingly furnishing a false affidavit as to the age or as to any other facts required in this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not exceeding one hundred dollars. SEC. 6. The affidavits and certificates required in this act shall be open to inspection by the grand juries or the citizens of any county where such factory or manufacturing establishments are located. SEC. 7. Any person or agent, or representative of any firm or corporation, who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not exceeding one hundred dollars. Any parent, guardian or other person standing in parental relation to a child who shall hire or place for employment or labor in or about any factory or manufacturing establishment within this State a child in violation of any provision of this act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not exceeding one hundred dollars. SEC. 8. Each day during which this act is violated, where the violation is continuous, shall constitute a separate offense. CALIFORNIA. CONSTITUTION. ARTICLE 19.-Employment of Chinese-Coolie labor. Employment SECTION 3. No Chinese shall be employed on any State, county, on public municipal, or other public work, except in punishment for crime. works. hibited. SEC. 4. The presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the State, and the legislature shall discourage their immigraCoolieism pro- tion by all the means within its power. Asiatic coolieism is a form of human slavery, and is forever prohibited in this State, and all contracts for coolie labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be subject to such Authority of penalties as the legislature may prescribe. The legislature shall and delegate all necessary power to the incorporated cities and towns of this State for the removal of Chinese without the limits of such cities and towns, or for their location within prescribed portions of those limits, and it shall also provide the necessary legislation to prohibit the introduction into this State of Chinese after the adoption of this constitution. This section shall be enforced by appropriate legislation. cities towns. |