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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.

SECTION 1. It shall be unlawful for any railroad company or Shelters ro 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, super- Penalty. intendent 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,

of

Act No. 69.—Liability of employers for injuries to employees.

SECTION 1. All railroad companies operating within this State, Injury caused whether incorporated or not, and all corporations of every kind by negligence 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 exer- Employer ; cise of due care, shall be liable to respond in damages for injuries or death sustained by any such agent, employee or servant, result- Fellow-serying from the careless omission of duty or negligence of such employer, 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.

ant.

Act No. 70,-Time to vote to be allowed employecs.

Time

SECTION 2. All mills, mines, shops and factories in the State of

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.

Act No. 116.-Railroads-Crews for freight trains.

Numler

of

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, exeept as hereinafter provided.

What roads SEC. 2. This act shall not apply to any railroad company or exempt.

officer of coirt 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 con-
sist 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 con-
sisting 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.
Penalty. 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 dur.
ing strikes of men in train service of lines involved.

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Act. No. 271.-Repayment of advances made by employers.

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Obtaining SECTION 1. Any person who enters into any contract in writing, money on con- duly acknowledged or attested by two witnesses for the pertracts.

formance 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 sails 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. Evidence. Sec. 2. The failure or refusal of any such person, either to per

form 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 perform-
ance of such contractual obligation, shall be prima facie evidence
of a guilty intent to injure or defraud, within the meaning of this

act.
Defense. SEC. 3. If upon any trial under the provisions of this act, the

defendant can show that the person who is alleged to have ad-
vanced any money or property upon the faith of the due perform-
ance 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 com-

plete 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, Frank-
lin, 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.-II ours of labor of employces on railroads. Telegraph, SECTION 1. It shall be unlawful for any person, corporation, etc., operators. association, their agents or officials operating a railroad within

this State to permit any telegraph or telephone operator who is engaged in the handling of trains by the use of the telegraph or telephone, reporting trains to each other and to the train dispatcher registering the same, and operating one or more train order signals, telegraph or telephone levermen who manipulate lever machines in railroad yards, or on the main tracks out of [on] the line, connecting side tracks or switches or train dispatchers in its service whose duties pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains, or receiving or transmitting train orders or messages directing the movement of trains as interpreted in this section, to be on duty for more Eight - hour than eight (8) hours in any twenty-four (24) consecutive hours. day.

SEC. 2. Any person, corporation, association, their agents or Penalty. officials that shall violate section 1 of this act shall pay a fine of five hundred dollars for each violation of this act. [See sections 6652 to 6654, Digest of 1904, above.)

Act No. 402.-Railroads-Headlights on locomotives. SECTION 1. Any company, corporation or officer of court, owning Headlights 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 anů 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

Age limit 12

years; 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.

SEC. 2. On and after September 1, 1907, no child under fourteen 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 vo 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 Night work. 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

of (60) hours in any one week, nor more than ten (10) hours in any

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

Hours labor.

one day.

ance.

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 pre ceding year, six weeks of which school attendance shall be consecutive; and at the end of each year, until such child shall hare passed the public school age, an affidavit certifying to such attendance, as is required by this section, shall be furnished to the em. ployer by the parent or guardian or person sustaining parental relations to such child.

The provisions of this section shall apply only to children enter

ing such employment at the age of fourteen or less. Certificates. 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. List

SEC. 6. The affidavits and certificates required in this act shall open,

be open to inspection by the grand juries or the citizens of any county where such factory or manufacturing establishments are

located. Violations, 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. Separate of SEC. 8. Each day during which this act is violated, where the fenses.

violation is continuous, shall constitute a separate offense.

to

be

CALIFORNIA.

CONSTITUTION.

ARTICLE 19.Employment of Chinese-Coolie labor.

on

Employment SECTION 3. No Chinese shall be employed on any State, county,

public municipal, or other public work, except in punishment for crime. works.

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 hibited,

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 coun

try, for the importation of such labor, shall be subject to such Authority of penalties as the legislature may prescribe. The legislature sball cities

a n d delegate all necessary power to the incorporated cities and towns 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.

ARTICLE 20.Hours of labor on public works.

SECTION 17. The time of service of all laborers or workmen or Eight hours mechanics employed upon any public works of the State of Cali- a day's work. fornia, or of any county, city and county, city, town, district, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of Esception extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military, or vaval works or defenses in time of war, and the legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public works and prescribe proper penalties for the speedy and efficient enforcement of said law.

ARTICLE 20.-Ses no disqualification for employment. SECTION 18. No person shall, on account of sex, be disqualified Sex not a bar. from entering upon or pursuing any lawful business, vocation, or profession,

SIMS' DEERING'S CODES—1906.

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POLITICAL CODE.

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Rates of wages of employees of State printing office. SECTION 531. The duties of the superintendent of State printing Prevailing shall be as follows: *. He shall employ such compositors, rates of wages

the limit. pressmen, and assistants as the exigency of the work from time to time requires, and may at any time discharge such employees : Prorided, That at no time shall he pay said compositors, pressmen, or assistants a higher rate of wages than is paid by those employing printers in Sacramento for like work. He shall at 10 time employ more compositors or assistants than the absolute necessities of the State printing may demand, and he shall not permit any other than State work to be done in the State printing office.

Time to vote to be allowed employees.

SECTION 1212. Any person entitled to vote at a general election Two liours to held within this State shall, on the day of such election, be entitled

be allowed.
to absent himself from any service or employment in which he is
then engaged or employed for the period of two consecutive hours,
bet ween 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 accomt
of such absence from his usual salary or wages.

Laborers on San Francisco water front.
SECTION 2515. *
No person not a citizen of the United

Citizens pre-
States shall be employed either as a contractor or laborer on any ferred.
work done under this article [relating to San Francisco Harbor).
And eight hours shall constitute a legal day's work, whether Eight - bour
performed directly for the State or for the person or persons re- day.
ceiving a contract under this article.

Liability of employers for road taa of employees. SECTION 2671. Corporations, or other employers of persons in Employers any road district subject to road tax, are chargeable for the road chargeable. poll tax assessed against their employees to the extent of any credit in their hands not exceeding such tax: Provided, The road

Proviso. overseer shall first give notice to such employer, or the managing agent of such corporation, and from the time of such notice, the amount of any credit in his hands, or that shall thereafter accrue

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