mine engineering; twenty-five (25) points on the questions relating to chemistry as applied to coal mining; and fifty (50) points on the questions relating to the practical operations of coal mining. Conduct ex- SEC. 17. Within fifteen (15) days from the first day of January, aminations; 1909, and biennially thereafter, the chemist to the State board of health shall hold an examination, using the said list of prepared questions, in the State capitol, which examination shall be open to any male citizen of the State of over twenty-one (21) years of age, of good moral character, who has had at least five years' experience as a practical coal miner, and shall grade the manuscripts of all persons taking such examination, and shall prepare and certify to the State geologist an eligible list of all applicants who shall make a grade of 85 per cent or greater. And appoint inspectors. Assistants. Vacancies. Force of act. Block system required. Power of railroad mission. SEC. 18. The State geologist immediately thereafter shall appoint from said eligible list an inspector of mines to serve for a period of two (2) years; and the inspector of mines thus appointed shall appoint from said eligible list his deputies, as now or hereafter may be provided by law. Said inspector shall qualify as now provided by law, and shall have all the powers, duties and compensation as now provided by law, and shall be subject to removal by said geologist for cause, as provided by law. In case of death, resignation or removal of the inspector of mines, the State geologist shall appoint his successor from said eligible list. SEC. 19. The assistant inspector of mines shall qualify as now provided by law, and shall have the same powers, duties and compensation, with traveling expenses, as now provided by law. Said assistant inspectors of mines may be removed by the inspector of mines, as now provided by law. In case of death, resignation or removal of any of said assistant inspectors of mines, the inspector of mines shall appoint his successor from said eligible list. SEC. 20. In case the said eligible list shall be exhausted before the date of regular biennial examination, appointments shall be made from the list of applicants who passed the last examination: Provided, That the person holding the highest grade shall be first chosen. SEC. 21. The provisions of this act shall be cumulative of other laws upon the subject of coal mining: Provided, however, That all laws and parts of laws in conflict herewith are hereby repealed. CHAPTER 205.-Railroads-Block system to be installed. SECTION 1. After the 1st day of July, 1909, it shall be unlawful for any person, firm or corporation, or the lessee or receiver of any person, firm or corporation, which shall own or operate any line of railroad in this State, to operate any train over such railroad by steam power unless such railroad is equipped with and has in operation an approved block system for the control of train movements thereon: Provided, That the provisions of this section shall not apply to any such railroad as shall not have a gross annual income from operation of seventy-five hundred ($7,500) dollars or more per mile of line, to be determined from its last preceding annual report to the railroad commission of Indiana. SEC. 2. Power and authority are hereby conferred upon the railcom- road commission of Indiana to extend the time specified in section one of this act when it shall be made to appear to it that a reasonable necessity for such extension shall exist, provided that the extension so granted shall not exceed one year. Full power and authority are also conferred upon such commission to relieve any such party from complying with this act as to any branch or spur lines when it shall be made to appear that no reasonable necessity therefor exists. Full power and authority are also hereby conferred upon such commission to relieve any such party from the obligations imposed by section one of this act when it shall be made to appear that the volume of traffic and train movement over any such railroad are such only that the same can be dispatched without substantial hazard to life and property over a line not so protected. 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. Violations. 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 offense, 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 superintendents, 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 filed 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 employees. the operation of railroad trains by steam power in this State, to 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 offending 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. dents. SEC. 4. Whenever the railroad commission of Indiana, in the Reports of investigation of any accident involving loss of life, shall come to certain acci the conclusion that the accident occurred on account of the violation 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. Law to be SEC. 5. Copies of this act, within sixty days after the same goes 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. Platforms to be inclosed. Two hours to se allowed. IOWA. 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). * 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 allowed employees. SECTION 1123. Any person entitled to vote at a general election 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. voter. Organiza tion. Powers. Duration. Incorporation of labor organizations, etc. SECTION 1642. Any three or more persons of full age, a majority 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. SEC. 1643. 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, and 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 railroad companies for injuries to employees. SECTION 2071. Every corporation operating a railway shall be Injuries caused by negliable for all damages sustained by any person, including emligence. ployees of such corporation, in consequence of the neglect of the agents, or by any mismanagement of the engineers or other employees 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 be legal or binding. ity. 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, constitute 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. S. 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. Iowa 363. 26 The company is not 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 requir ing of its employees more than reasonable care in the discharge of their duties. 83 Iowa 380. This statute is not unconstitutional, being applicable to all persons or corporations engaged in a peculiar business. 20 Iowa 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. The running of special trains by a construction company engaged in constructing 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. Or running a hand car. 137 U., S. Rep. 507. The ordinary work of a section gang is not within the statute. N. W. Rep. 616. 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 moving 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 fix 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. Automatic couplers. Same subject. Power brakes. Control engineer. Penalty. Exception. by 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. SECTION 2079. No corporation, company or person operating any line of railroad within this State, or any car manufacturer or transportation company using or leasing cars therein, shall 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. SEC. 2080. * * No corporation, company or person, operating 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. 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." SEC. 2082. No corporation, company or person operating a line 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. SEC. 2083. Any corporation, company or person operating a railroad 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 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 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 of risk. Females not cars. Employment of females in barrooms-Sale of liquor to employees. to be employed. intoxicating liquors are sold]. * * Employer SUBSEC. 11. No sale of intoxicating liquors shall be made to any may forbid sale person whose employer, shall by written notice forbid to employee. such sales. * * |