mentioned in this act during the regular vacations of two weeks or more of the public schools of the district in which such child resides.

SEC. 2. No minor who is under sisteen years of age shall be employed or permitted to work at any gainful occupation during the hours that the public schools of the school district in which he resides are in session, unless he can read at sight and write legibly simple sentences in the English language, and has received instruction in spelling, English grammar, and geography and is familiar with the fundamental operations of arithmetic up to and including fractions, or has similar attainments in another lan

guage. Register. SEC. 3. Every person, firm, corporation, agent or officer of a firm

or corporation employing or permitting minors under sixteen years of age and over fourteen years of age to work in any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, shall keep a record of the names, ages, and places of residence of such

minors, Hours of la- SEC. 4. No person under the age of sixteen years shall be embor.

ployed or suffered or permitted to work at any gainful occupation more than fifty-four hours in any one week, nor more than nine hours in any one day; nor before the hour of six o'clock in the

morning nor after the hour of nine o'clock in the evening. Penalty. SEC. 5. Whoever employs a child under sixteen years of age, and

whoever, having under his control a child under such age permits such child to be employed in violation of sections 1 and 2 of this act shall, for such offense, be fined not more than fifty dollars, and whoever continues to employ any child in violation of either of said sections of this act after being notified by a truant officer, probation officer or school authority shall, for every day thereafter that such employment continues be fined not less than five nor more than twenty dollars. A failure to produce to a truant officer, policeman, probation officer or school authority, the age record required by this act shall be prima facie evidence of the illegal employment of any person whose age record is not produced. Any parent, guardian or custodian of a minor under sixteen years of age who knowingly swears falsely as to the age of such child for the purpose of obtaining an age record, is guilty

of perjury. Dangerous Sec. 6. Any person, whether as parent, relative, guardian, emand immoral ployer or otherwise, having the care, custody or control of any occupations.

child under the age of sixteen years, who exhibits, uses or employs in any manner or under any pretense, sells, apprentices, gives away, lets out or disposes of such child to any person, under any name, title or pretense, for or in any business, exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, acrobat, or contortionist, or rider, or in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for or in any mendicant, or wandering business whatsoever, or who causes, procures or encourages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every person who takes, receives, hires, employs, uses, exhibits or has in custody any child under the age and for any of the purposes mentioned in this section, is guilty of a like offense and punishable by like imprisonment. Nothing in this section contained applies to or effects [affects] the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning of the science or practice of music.

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SEC. 7. Any person, whether as parent, guardian, employer or Sending otherwise, and any firm or corporation, who as employer or other

messengers. wise, shall send, direct, or cause to be sent or directed, any minor, to any saloon, gambling house, house of prostitution or other immoral place; or who shall employ any minor to serve intoxicating liquors to customers, or who shall employ a minor in handling intoxicating liquor or packages containing such liquors in a brewery, Employment bottling establishment or other place where such liquors are pre

in saloons, etc. pared for sale or offered for sale, shall, for each offense, be punished by a fine of not less than fifty dollars or imprisonment for not less than two months or by both such fine and imprisonment.

SEC. 8. The probation officer, or in counties where there is not Enforcement. [no] probation officer, one or more of the school trustees, shall visit the various places of employment mentioned in sections 1 and 7 of this act and ascertain whether any minors are employed therein contrary to the provisions of this act, and they shall bring coinplaint for offenses under this act to the attention of the prosecuting attorney for prosecution, but nothing herein shall be held to prohibit any reputable citizen from bringing complaint for violations of this act. All offenses under this act shall be prosecuted in the probate court.

Railroads-II cight of wires over tracks.

(Page 535.)

SECTION 1. It shall hereafter be unlawful for any corporation or Permit to be person to string any wire, electric or other, over the tracks of any

obtained. railroad company, except at such places and in such manner as shall be authorized and approved by the board of county commissioners of the county wherein such crossing with such wire is proposed, and any corporation or person desiring to so string any wire shall give such railroad company notice in writing of the place and manner in which it desires to string the same, and the place where, and the time when, it will apply to said board of county commissioners for approval and authority as above required, which notice shall be served at least ten days before the time of hearing of such application,

Sec. 2. The board of county commissioners of the several counties Duty of comin the State of Idaho shall, as soon as possible after the passage of missioners. this act, either by personal examination or otherwise, obtain information as to all places where the tracks of railroad are crossed by wires strung over said tracks, and whenever in its judgment such wires should be raised to a greater height, or other thing done with reference thereto to guard against accidents, shall order such change or changes to be made, and shall apportion any expense incident thereto between the companies or persons affected, as may be deemed just and reasonable: Provided, That in no case shall the height of any wire strung or to be strung across or over such or any railroad tracks be less than twenty-five feet, excepting trolley wires, which shall not be less than twenty feet from the top of the rail of said railroad tracks.

Sec. 3. It shall be the duty of every corporation and persons to Duty of comwhom an order made by the board of county commissioners of the panies, etc. respective counties in said State under this act shall be directed, to comply with such order in accordance with its terms, and for any neglect to so comply therewith any such corporation or person shall be liable to a penalty of $100.00, and to a like penalty for every ten days during which said neglect shall continue. Any such penalty may be recovered by an appropriate action instituted by the county where such violation or disobedience has been committed, and said penalty shall be recovered by said county, and it shall be the duty of the prosecuting attorney of the district in which said county is located to bring and prosecute any such action in the name of the county at the request of the said board of county commissioners.



ws passed.

ARTICLE 4.-Mine regulations. to be SECTION 29. It shall be the duty of the general assembly to pass

such laws as may be necessary for the protection of operative miners, by providing for ventilation, when the same may be required, and the construction of escapement shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper.

Coal mining is not a public employment within the doctrine of the cases subjecting public employments to regulation for the public good. This provision relates only to the enactment of police regulations to promote the safety of miners. 117 III. 294.


CHAPTER 3.—Wages preferred-In administration. Order of pay- SECTION 70. All demands against the estate of any testator or ment of demands.

intestate shall be divided into classes, in manner following, to wit:

First. Funeral expenses and necessary cost of administration.

Second. The widow's award, if there be a widow; or children, if there are children and no widow.

Third. Expenses attending last illness, not including physician's bill, and demands due common laborers or household servants of deceased for labor,

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Appointment SECTION 19. The governor, by and with the advice and consent of board,

of the senate, shall appoint three persons, not more than two of whom shall belong to the same political party, who shall be styled

State Board of Arbitration," to serve as a State board of arbitration and conciliation; one and only one of whom shall be an employer of labor, and only one of whom shall be an employee, and shall be selected from some labor organization. They shall hold office until March 1, 1897, or until their successors are appointed, but said board shall have no power to act as such until they and each of them are confirmed by the senate. On the first day of March, 1897, the governor, with the advice and consent of the senate, shall appoint three persons as members of said board in the same manner above provided, one to serve for one year, one for two years, and one for three years, or until their respective successors are appointed, and on the first day of March in each year thereafter, the governor shall in the same manner appoint one member of said board to succeed the member whose term expires, and to serve for the term of three years or until his successor is appointed. If a vacancy oceure [occurs] at any time, the governor shall in the same manner appoint some one to serve out the unexpired term. Each member of said board shall, before

entering upon the duties of his office, be sworn to a faithful disOrganiza - charge thereof. The board shall at once organize by the choice of tion.

one of their number as chairman, and they shall, as soon as possible after such organization, establish suitable rules of procedure. The board shall have power to select and remove a secretary, who shall be a stenographer, and whose salary shall be $2,500 per annum, payable out of the State treasury, upon the warrant of the auditor of public accounts, from any money not otherwise appropriated; said secretary to receive also his necessary traveling and other expenses, to be paid from the State treasury on bills of particulars to be approved by the chairman of the board and the governor.


Sec. 20. When any controversy or difference not involving questions which may be the subject of an action at law or bill in equity, exists between an employer, whether an individual, copartnership or corporation, employing not less than twenty-five persous, and his employees in this State, the board shall upon application as herein provided, and as soon as practicable thereafter, visit the locality of the dispute and make a careful inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective parties what, if anything ought to be done or submitted to by both to adjust said dispute, and make a written decision thereof. This decision shall Decision. at once be made public, shall be recorded upon proper books of record to be kept by the secretary of said board, and a short statement thereof published in the annual report hereinafter provided for, and the board shall cause a copy thereof to be filed with the clerk of the city, town or village where said business is carried on.

SEC. 21. Said application shall be signed by said employer or Application. by a majority of his employees in the department of the business in which the controversy or difference exists, or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work without any lockout or strike until the decision of said board, if it shall be made within three weeks of the date of filing said application. As soon as may be after the receipt of said application the secretary of said board shall cause public notice to be given of the time and place of the hearing thereon ; but public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given. When such request is made, notice shall be given to the parties interested in such manner as the board may order, and the board may, at any stage of the proceedings, cause public notice to be given, notwithstanding such request. The board in all cases shall have power to summon as witnesses Witnesses. any operative or expert in the department of business affected, and any person who keeps the records of wages earned in those departments, or any other person, and to examine them under oath, and to require the production of books containing the records of wages paid, and such other books and papers as may be deemed necessary to a full and fair investigation of the matter in controversy. The board shall have power to issue subpanas, and oaths may be administered by the chairman of the board. If any person, having been served with a subpæna or other process issued by such board, shall willfully fail or refuse to obey the same, or to answer such questions as may be propounded touching the subject-matter of the inquiry or investigation, it shall be the duty of the circuit court or the county court of the county in which the hearing is being conducted, or of the judge thereof, if in vacation, upon application by such board, duly attested by the chairman and secretary thereof, to issue an attachment for such witness and compel him to appear before such board and give his testimony, or to produce such books and papers as may be lawfully required by said board; and the said court or the judge thereof shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such court.

SEC. 22. Upon the receipt of such application, and after such Decisions to notice, the board shall proceed as before provided, and render a

be in writing. written decision, which shall be open to public inspection, shall be recorded upon the records of the board and published at the discretion of the same in an annual report to be made to the governor before the first day of March of each year.

SEC. 23. Said decision shall be binding upon the parties who Force of dejoin in said application for six months or until either party has cision. given the other notice in writing of his or their intention not to be bound by the same at the expiration of sixty days therefrom. Said notice may be given to said employees by posting in three conspicuous places in the shop or factory where they work.

Enforcement Sec. 23a. In the event of a failure to abide by the decisions of of award.

said board in any case, in which both employer and employees shall have joined in the application, any person or persons aggrieved thereby may file with the clerk of the circuit court or the county court of the county in which the offending party resides, or in the case of an employer in the county in which the place of employment is located, a duly authenticated copy of such decision, accompanied by a verified petition reciting the fact that such decision has not been complied with and stating by whom and in what respects it has been disregarded. Thereupon the circuit court or the county court (as the case may be) or the judge thereof, if in vacation, shall grant a rule against the party or parties so charged to show cause within ten days why such decision has not been complied with, which shall be served by the sheriff as other process. Upon return made to the rule, the court, or the judge thereof, if in vacation, shall hear and determine the questions presented, and to secure a compliance with such decision, may punish the offending party or parties for contempt, but

such punishment shall in no case extend to imprisonment. Joint appli- SEC. 23b. Whenever two or more employers engaged in the same cation.

general line of business, employing in the aggregate not less than twenty-five persons, and having a common difference with their employees, shall, cooperating together, make application for arbitration, or whenever such application shall be made by the enployees of two or more employers engaged in the same general line of business, such employees being not less than twenty-five in number, and having a common difference with their employers, or whenever the application shall be made jointly by the employers and employees in such a case, the board shall have the same powers and proceed in the same manner as if the application bad been made by one employer, or by the employees of one employer,

or by both. Strike. etc.,

SEC. 24. Whenever it shall come to the knowledge of the State threatened.

board that a strike or a lockout is seriously threatened in the State involving an employer and his employees, if he is employing not less than twenty-five persons, it shall be the duty of the State board to put itself in communication as soon as may be with such employer or employees, and endeavor by mediation to effect an amicable settlement between them, or to endeavor to persuade

them to submit the matters in dispute to the State board. Duty of may- SEC. 24a. It shall be the duty of the mayor of every city, and ors, etc.

the president of every incorporated town or village, whenever a strike or lockout, involving more than twenty-five employees, shall be threatened or has actually occurred within or near such city, incorporated town or village to immediately communicate the fact to the State board of arbitration, stating the name or names of the employer or employers and of one or more employees, with their post-office addresses, the nature of the controversy or difference existing, the number of employees involved and such other information as may be required by the said board. It shall be the duty of the president or chief executive officer of every labor organization, in case of a strike or lockout, actual or threatened, involving the members of the organization of which he is an officer to immediately communicate the fact of such strike or lockout to the said board, with such information as he may possess, touching the differences or controversy, and the number of employees in

volved. Investigation SEC. 24b. Whenever there shall exist a strike or a lockout, without appli- wherein, in the judgment of a majority of said board, the general

public shall appear likely to suffer injury or inconvenience with respect to food, fuel or light, or the means of communication or transportation, or in any other respect, and neither party to such strike or lockout shall consent to submit the matter or matters in controversy to the State board of arbitration, in comformity with this act, then the said board, after first having made due effort to effect a settlement thereof by conciliatory means, and such effort

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