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SEC. 3. Any person, firm or corporation, receiver or lessee who or which shall violate section one of this act shall forfeit and pay to the State of Indiana the sum of one thousand dollars per week for each week that trains shall be operated over any such railroad in violation of such section, the same to be collected by the railroad commission of Indiana by a suit in its name for the use of the State of Indiana in any court of competent jurisdiction.
CHAPTER 272.-Railroads-Rules for employees-Accidents.
SECTION 1. Every person, firm or corporation operating trains by Rules to be steam power on railroads in this state, shall publish printed rules published. for the control and operation of such trains and shall deliver copies thereof to all persons engaged in the operation of such trains and file a copy thereof with the railroad commission of Indiana, and shall instruct such employees in the application of such rules and examine such employees thereon at least once in each six months after employment until the service has continued for eighteen months, and annually thereafter. Any person, firm or corporation failing to observe the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof, for each offen se, shall be fined not less than twenty-five dollars nor more than two hundred dollars.
SEC. 2. The railroad commission of Indiana shall call together Conventions in convention, at least once in every year, the division superin- of division su
perintendents, tendents and such other operating and dispatching officers and etc. employees of the steam railroads of this State as the commission may deem best, and shall place before said convention the reports fileil with the railroad commission with reference to railroad accidents that have taken place during the year, together with such findings and conclusions thereon as such .commission shall have made, and said convention shall thoroughly investigate said reports, findings and conclusions and discuss the same with a view to taking such steps by the commission, by such railroad companies and by their officers and employees as may be necessary or expedient to prevent such accidents.
Sec. 3. It is hereby declared to be unlawful for any agent, Intoxication officer or employee of any person, firm or corporation engaged in of railroad emthe operation of railroad trains by steam power in this State, to
ployees. be or become intoxicated while in the performance of his duties as such, and it is also hereby declared to be unlawful for any such person to operate any such train or give orders or directions for the operation of any such train contrary to the printed rules of his company, regulating the operation of railroad trains by steam power in this State, which are required by section one of this act, and it is further declared to be unlawful for any such person to operate any such train or direct the operation of any such train in violation of any law of this State, and any such person so oifending shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars and not more than five hundred dollars.
SEC. 4. Whenever the railroad commission of Indiana, in the Reports of investigation of any accident involving loss of life, shall come to certain accia the conclusion that the accident occurred on account of the viola
dents, tion of the printed rules for the operation of trains, as required by section one of this act, by any officer or employee of any railroad company operated by steam power in this State, the commission may, if it deems best so to do, and the neglect of duty or violation of the rules is flagrant or has been brought about by the intoxication of any person while on duty, report such person to the prosecuting attorney of the county wherein the accident occurred for prosecution under the criminal laws of this State. Sec, 5. Copies of this act, within sixty days after the same goes Law
to be into effect, shall be, by the companies subject hereto, printed and posted. conspicuously posted in the train cabooses, depots, and offices of train dispatchers and upon the bulletin boards at division headquarters of said companies.
CODE OF 1897 AND SUPPLEMENT OF 1902.
Protection of employecs on street railways-Inclosed platforms.
SECTION 768 (as amended by chapter 37, Acts of 1907). be inclosed.
Every person, partnership, company or corporation owning or operating a street railway in this State shall, from November first of each year to April first following, provide all cars, except trailers, used for the transportation of passengers, with vestibules inclosing the front platform on at least all [sic] sides, for the protection of employees operating such cars. Any violation of this section shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each day said cars are operated in violation hereof.
Time to vote to be alloroed employees.
Two hours to
SECTION 1123. Any person entitled to vote at a general election se allowed.
shall, on the day of such election, be entitled to absent himself from any services in which he is then employed for a period of two hours, between the time of opening and closing the polls, which period may be designated by the employer, and such voter shall not be liable to any penalty, nor shall any deduction be made from his usual salary or wages, on account of such absence, but
application for such absence shall be made prior to the day of attempting election. Any employer who shall refuse to an employee the to influence privilege, conferred by this section, or shall subject such employee
to a penalty or reduction of wages because of the exercise of such privilege, or shall in any manner attempt to influence or control such employee as to how he shall vote, by offering any reward, or threatening discharge from employment, or otherwise intimidating or attempting to intimidate such employee from exercising his right to vote, shall be punished by a fine of not less than five nor more than one hundred dollars.
Incorporation of labor organizations, etc.
Organiza- SECTION 1642. Any three or more persons of full age, a majority tion.
of whom shall be citizens of the State, may incorporate themselves for the establishment of
trades' unions or other labor organizations, * by signing, acknowledging, and filing for record with the county recorder of the county where principal place of business is to be located, articles of incorporation, stating the name by which the corporation or association shall be known, which shall not be the same as that of any such organization previously existing, its business or objects, the number of trustees, directors, managers or other officers to conduct the same, and the
names thereof for the first year. Powers, SEC. 1613. Upon filing such articles, the persons signing and
acknowledging the same, and their associates and successors, shall become a body corporate, with the name therein stated, and may sue and be sued. It may have a corporate seal, alterable at its pleasure, and may take by gift, purchase, devise or bequest real
and personal property for purposes appropriate to its creation, Duration. sund may make by-laws. Corporations so organized shall endure
for fifty years, unless a shorter period is fixed in the articles, or they are sooner dissolved by three-fourths vote of all the members thereof, or by the act of the general assembly, or by operation of law.
Liability of railroed companies for injuries to employees. SECTION 2071. Every corporation operating a railway shall be injuries
caused by neg. liable for all damages susta ined by any person, including em
ligence. ployees of such corporation, in consequence of the neglect of the agents, or by any mismanagement of the engineers or other enployees thereof, and in consequence of the willful wrongs, whether of commission or omission, of such agents, engineers or other employees, when such wrongs are in any manner connected with the use and operation of any railway on or about which they shall Contracts rebe employed, and no contract which restricts such liability shall stricting liabil.
ity. be legal or binding.
Nor shall any contract of insurance, relief, benefit, or indemnity Contracts of in case of injury or death, entered into prior to the injury, be- insurance, etc. tween the person so injured and such corporation, or any other person or association acting for such corporation, nor shall the acceptance of any such insurance, relief, benefit, or indemnity by the person injured, his widow, heirs, or legal representatives after the injury, from such corporation, person, or association, coustitute any bar or defense to any cause of action brought under the provisions of this section, but nothing contained herein shall be construed to prevent or invalidate any settlement for damages between the parties subsequent to injuries received.
This section is constitutional. 127 U. 8. Rep. 210.
The intention of this statute is merely to give employees a right of action for injuries arising from the negligence of coemployees, and not to change the degree of care necessary as between master and servant. 26 Iowa 363.
The company is pot liable to an employee under circumstances that would not have rendered it liable to one not an employee. 107 Iowa 682.
This statute does not confer upon a widow the right to sue for the death of her husband occasioned by the wrongful act of a railroad company. 88 N. W. Rep. 815.
A railway company can not avoid liability under this statute by requiring of its employees more than reasonable care in the discharge of their duties. 83 lowa 380.
This statute is not unconstitutional, being applicable to all persons or corporations engaged in a peculiar business. 20 lowa 338.
It seems not to be applicable to street railways. 68 Fed. Rep. 82. A receiver, operating a railroad under the appointment of a court, is within the terms of this section. 62 Iowa 728.
The statute applies only to accidents growing out of the use and operation of railroads. One who is required in the course of his employment by a railroad company to go upon a train is to be regarded as being engaged in its operation, notwithstanding his employment may not be connected with the running of its trains. 41 Iowa 344.
Tbe running of special trains by a construction company engaged in con. structing a road is operating it within the meaning of this statute. 43 Iowa 406.
A clinker man in a roundhouse injured while coupling tanks moved by engines is within the statute. 87 Iowa 206.
So is a bridge worker who is required in the course of his employment to ride on trains. 47 Iowa 375.
So is a section hand. 36 Iowa 372.
And a man engaged in shoveling gravel from a gravel train. 43 Iowa 406.
Or in the operation of a dirt train. 36 Iowa 52.
The ordinary work of a section gang is not within the statute. 107
Operating a ditching machine which worked by the movement along the track of the train of which It forms a part is within the statute. 73 Iowa 576.
An employee injured while operating a derrick situated on a flat car, worked by moving the car, recovered under this statute. 73 Iowa 576.
As did one injured by the caving of a sand bank where he had been engaged in loading a train. 72 Iowa 709.
And one injured in a coal house by the negligent moring of a plank over which coal had been carried to the tender of a live engine. 106 Iowa 54.
But employees elevating coal to a platform from which tenders were to be filled were not within the statute. 70 Iowa 555.
Nor repair men at work on a track and not injured by the operation of the road. 68 Iowa 22.
Nor a car repairer who worked on cars while not in motion, though sometimes required to ride from place to place on trains of the company for the purpose of making such repairs at different places. 64 Iowa 644.
The foreman of an iron gang on a bridge, who controlled the speed of trains by signals, was directing the operation of trains in such a sense as to ix the liability of the railway company for the death of an employee at the bridge, caused by a train running at too great speed. 72 N. W. Rep. 545.
The fact that an employee is foreman of a crew of men whom he directs and whom he may hire or discharge does not prevent his being a coemployee with such workmen so that he can recover under this section for injuries received by their negligence. 60 Iowa 230.
A written contract by which an employee agrees to hold the company harmless for injuries received in doing certain acts which he is advised are dangerous is admissible for the purpose of showing the existence of the rule and of notice to the employee of such rule and of the danger. 73 Iowa 158.
This section does not make the employer responsible for negligent acts of an employee done tortiously or outside the line of duty. 78 N. W. Rep. 698.
The clause as to restrictive contracts is constitutional. 134 N. W. Rep. 1135.
Safety appliances on railroads-Automatic couplers and brakes. Automatic SECTION 2079. No corporation, company or person operating any couplers. line of railroad within this State, or any car manufacturer or
transportation company using or leasing cars therein, sball put in use any new car or any old one that has been to the shop for general repairs to one or both of its drawbars, that is not equipped with automatic couplers so constructed as to enable any person to
couple or uncouple them without going between them. Sa me sub- SEC, 2010. *
No corporation, company or person, operatject.
ing a railroad, or any transportation company using or leasing cars, shall have upon any railroad in this State any car that is not equipped with such safety automatic coupler: Provided, That the board of railroad commissioners shall have power upon a showing which it shall deem reasonable, to extend the time within which any such corporations shall be required to comply with the provisions of this section; but no such extension shall be made beyond January 1st, 1900.
A locomotive is not a car requiring equipment with automatic coupling
under this section. 93 N. W. Rep. 275. Power brakes. SEC. 2081. No corporation, company or person operating any line
of railroad in the State shall use any locomotive engine upon any railroad or in any railroad yard in the State that is not equipped with a proper and efficient power brake, commonly called a
“ driver brake." Control Sec. 2082. No corporation, company or person operating a line engineer.
of railroad in the State shall run any train of cars that shall not have therein a sufficient number of cars with some kind of efficient automatic or power brake to enable the engineer to control the train without requiring brakemen to go between the ends or on the
top of the cars to use the hand brake. Penalty. SEC. 2083. Any corporation, company or person operating a rail
road in this State and using a locomotive engine, or running a train of cars, or using any freight, way or other car contrary to the provisions of the four preceding sections, shall be guilty of a misdemeanor, and shall be subject to a fine of not less than five
hundred nor more than one thousand dollars for each and every Exception offense; but such penalties shall not apply to companies hauling
cars belonging to railroads other than those of this State which Assumption are engaged in interstate traffic. Any railway employee who may of risk.
be injured by the running of such engine, train or car contrary to the provisions of said sections shall not be considered as waiving his right to recover damage by continuing in the employ of the corporation, company or person operating such engine, train or
Employment of females in barrooms-Sale of liquor to cmployees.
SECTION 2448. Females not SUBSEC. 8. No female shall be employed in the place (where to be employed. intoxicating liquors are sold).
Employer SURSEC. 11. No sale of intoxicating liquors shall be made to any may forbid sale to employee.
employer, shall by written notice forbid person whose such sales.
Bureau of labor statistics.
SECTION 2469 (as amended by chapter 102, Acts of 1906). The Commissions
er. bureau of labor statistics shall be under the control of a commissioner, biennially appointed by the governor by and with the advice and consent of the executive council, whose term of office shall commence on the first day of April in each odd-numbered year and continue for two years, and until his successor is appointed and qualified. He may be removed for cause by the governor, with the advice of the executive council, record thereof being made in his office; any vacancy shall be filled in the same manner as the original appointment. He shall give bonds in the sum of two thousand dollars with sureties to be approved by the governor, conditioned for the faithful discharge of the duties of his office, and take the oath prescribed by law. He shall have an office in the capitol, safely keep all records, papers, documents, correspondence, and other property pertaining to or coming into his hands by virtue of his office, and deliver the same to his successor, except as hereinafter provided.
SEC. 2470 (as amended by chapter 102, Acts of 1906). The duties Duties. of said commissioner shall be to collect, assort, systematize and present in biennial reports to the governor statistical details relating to all departments of labor in the State, especially in its relations to the commercial, social, educational and sanitary conditions of the laboring classes, the means of escape from, and the protection of life and health in factories, the employment of children, the number of hours of labor exacted from them and from women, and to the permanent prosperity of the mechanical, manufacturing and productive industries of the State; and he shall, as fully as practicable, collect such information and reliable reports from each county in the State, the amount and condition of the mechanical and manufacturing interests, the value and location of the various manufacturing and coal productions of the State,
and in said biennial report he shall give a statement of the business of the bureau since the last regular report, and shall compile and publish therein such information as may be considered of value to the industrial interests of the State, the number of laborers and mechanics employed, the number of apprentices in each trade, with the nativity of such laborers, mechanics' and apprentices' wages earned, the savings from the same, with age and sex of laborers employed, the number and character of accidents, the sanitary condition of institutions where labor is employed, the restrictions, if any, which are put upon apprentices when indentured, the proportion of married laborers and mechanics who live in rented houses, with the average annual rental, and the value of property owned by laborers and mechanics; and he shall include in such report what progress has been made with schools now in operation for the instruction of students in the mechanic arts, and what systems bave been found most practical, with details thereof. Such report shall not contain more than six hundred printed pages, and shall be of the number, and distributed in the manner, provided by law. He shall make a report to the governor during the year 1906, and biennially thereafter.
SEC, 2471. The commissioner of the bureau of labor statistics Witnesses. shall have the power to issue subpænas, administer oaths and take testimony in all matters relating to the duties herein required by said bureau, said testimony to be taken in some suitable place in the vicinity to which testimony is applicable. Witnesses subpænaed and testifying before the commissioner of the bureau shall be paid the same fees as witnesses before a justice's court, such payment to be made out of the general funds of the State on voucher by the commissioner, but such expense for witnesses shall not exceed one hundred dollars annually. Any person duly sub