« ForrigeFortsett »
obstruction, at a height of less than seven feet above the roof of the freight cars used or hauled on said road, it shall be the duty of the officers of such road to erect and keep in repair, at or near such bridge, tunnel or obstruction, and on each side thereof, a
rod or beam placed across the track at such height and at such Telltales. distance from the bridge, tunnel or obstruction as the railroad
commission shall direct; and from such rod or beam shall be suspended straps, ropes or cords, of such length as the commission may determine, and not greater than six inches apart, for the
space of eight feet, directly over the track. Notice of ac- SEC. 777. Notice of every accident which may occur and be atcidents.
tended with loss of life shall be given within five days thereafter by the company operating the road on which the accident occurred to the railroad commission, and such company shall furnish the commission all information requested by it concerning
the cause of the accident. Air brakes. Sec. 778. No regular or other passenger train shall be run with
out an air brake, or some equally effective appliance for controlling the speed of trains, which may be applied by the engineer to each car composing the train, and which shall, at all times, be kept in good condition and ready for use at the discretion of the engineer. The provisions of this section shall not apply to mixed
trains. Frogs to be SEC. 780.
every company shall adjust, fix or block the blocked.
frogs on its tracks to prevent the feet of its employees from being
caught therein. Penalty. SEC. 793. Any company failing to comply with or violating or
permitting any of its employees or agents to violate any of the provisions of sections
of this article shall, in addition to subjecting itself to any damages that may be caused by such failure or violation, be guilty of a misdemeanor, and be fined for each failure or violation not less than one hundred nor more than five hundred dollars, to be recovered by indictment in the circuit court of any county through which the company in default operates a line of road, or in the Franklin circuit court.
Obstructing operation, injuring property, etc., of railroads. Hindering, SECTION 802. It shall be unlawful for any person or persons to etc., transportation
prevent, hinder or delay, or attempt to prevent, hinder or delay,
by violence. by violence, the transportation of freight or passengers in this
State, by any individual, firm, company, corporation, or association doing business in this State, or to interfere with, by violence, any person or agency engaged in the conduct of commerce and traffic in this State in such manner as to obstruct or impede the movement and conduct of such commerce or traffic; but nothing herein shall be construed to prevent any person, or class of per
sons, from quitting their employment at any time they see proper. Coercion, etc. SEC. 803. And it shall be unlawful for any person or persons to
prevent or hinder, or attempt to prevent or hinder, by coercion, intimidation, or any trespass or violent interference therewith, the free and lawful use of his or its property, by any individual, firm, company, corporation, or association engaged in the business of transporting freight and passengers, and in the conduct of commerce and traffic in this State, or the free and lawful use of said
property by any agent or employee of the owner thereof. Penalty. SEC. 804. Whoever shall violate the provisions of either of the
two preceding sections shall be deemed guilty of a misdemeanor, and, upon conviction by any court of competent jurisdiction, shall be punished for each offense by a fine of not less than twenty-five nor more than two hundred dollars, or by imprisonment in the county jail of the county wherein the offense is committed not less than ten days nor more than six months, or shall be both so fined and imprisoned, in the discretion of the jury.
Sunday labor. SECTION 1321. No work or business shall be done on the Sabbath Sunday la
bor forbidden. day, except the ordinary household offices, or other work of neces
Exceptions. sity or charity, or work required in the maintenance or operation of a ferry, skiff or steamboat, or steam or street railroads. If any person on the Sabbath day shall himself be found at his own, or any other trade or calling, or sball employ his apprentices, or other person, in labor or other business, whether the same be for profit or amusement, unless such as is permitted above, he shall be fined not less than two nor more than fifty dollars for each offense. Every person or apprentice so employed shall be deemed a separate offense. Persons who are members of a religious so- Observance ciety, who observe as a Sabbath any other day in the week than of another day. Sunday, shall not be liable to the penalty prescribed in this section, if they observe as a Sabbath one day in each seven, as herein provided.
Making ordinary repairs on a railroad track is a violation of the statute. A track made suddenly unsafe may be repaired on Sunday if delay might endanger the safety of passengers or freight. 92 Ky. 114.
Operating trains carrying passengers, mail, baggage, live stock, merchandise, etc., on the Sabbath is not a violation of the statute. 80 Ky. 291.
SEC. 1322. Any person who engages in the business of barbering Barbering on on Sunday shall be deemed guilty of a misdemeanor, and, upon Sunday. conviction thereof, shall be fined not more than five dollars, and upon a second conviction for a like offense, shall be fined not less than ten dollars and not more than twenty-five dollars, or imprisoned in the county jail for a period of not less than five days nor more than ten days, or be both fined and imprisoned, at the discretion of the court.
SECTION 1349. If any person shall willfully entice, persuade, or Persuasion to otherwise influence any person or persons, who have contracted to abandon labor for a fixed period of time, to abandon such contract before such period of service shall have expired without the consent of the employer, he shall be fined not exceeding fifty dollars, and be liable to the party injured for such damages as he or they may have sustained.
Payment of wages.
SECTION 1350. Any corporation or person or persons having the ownership or control of any factory, mine or workshop in this Commonwealth, who shall violate the provisions of section 244 of the constitution, reading as follows: "All wage-earners in this State employed in factories, mines, workshops or by corporations shall be paid for their labor in lawful money,” shall be guilty of a misdemeanor, and, on trial and conviction, had in any court of competent jurisdiction, shall be fined not exceeding five hundred dollars for each violation thereof.
A mining company paid its employees monthly in lawful money, and be. tween pay days issued checks to its employees on their application, payabie in merchandise at the company's store. The balance at the end of the month was paid in cash, but no outstanding checks were redeemed. This was held not to be a violation of the statute. 28 S. W. Rep. 502.
Protection of employees as voters.
SECTION 1574. Any person entitled to a vote at any election in this Four hours State shall, on the day of such election, be entitled to absent him- to be allowed. self from any services or employment in which he is then engaged or employed for a period of four hours, between the time of opening and 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 account of such absence from his usual salary or wages: Provided, however, That application for such Proviso. leave of absence shall be made prior to the day of election. The
employer may specify the hours during which said employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or shall discharge or threaten to discharge an employee for absenting himself for the purpose of said election from his work, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privilege, or who shall, directly or indirectly, violate the provisions of this section, shall be deemed guilty of a misdemeanor, and be fined in any sum not less than fifty nor more than five hundred dollars.
Attempting 3. Any corporation chartered under the laws of this State, to iniluence or authorized to do business therein, which shall, through
any officer, attorney, agent or employee, or otherwise, directly or indirectly, influence or attempt to influence by bribe, favor, promise, inducement, threat or otherwise, the vote or suffrage of any employee or servant of such corporation against or in favor of any candidate, platform or principles or issue in any election held under the laws of the Commonwealth, shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than five hundred dollars nor more than five thousand dollars for each offense, and its charter, or authority to do business in this State, shall, upon such conviction, be repealed, revoked, annulled and held for naught.
Eremption of wages from execution.
Wages earned SECTION 1701A. Wages earned out of this State and payable out outside of of this State shall be exempt from attachment or garnishment in State,
all cases, where the cause of action arose out of this State, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with process.
Fire escapes on factories, etc.
Fire escapes SECTION 1830. All buildings of three or more stories in height, to be erected. in every city of more than ten thousand inhabitants as enumerated
by the last United States census, excepting private residences and store and ware houses in which not more than twenty persons are employed, shall be provided with one or more permanent metallic ladders or fire escapes, extending from the first story to the upper stories of such building, and above the roof and on the outer walls thereof, in such location, numbers and character of construction as the chief of fire department or chief fire officer of each such city may determine. The said chief of the fire department or chief fire officer shall examine the building and serve, either in person or by deputy, a notice, in writing, upon the owner, agent, lessee or occupant of such building, by leaving at his or her residence or place of business a copy of such notice, setting forth the number, kind, construction and location of the ladder or ladders required, and directing that the work shall be completed not later than
thirty days from the filing of the notice. By whom, Sec. 1831. If the owner of the building fails to take steps looking
to the compliance of the specifications of the said notice, then the agent, lessee or occupant, who is jointly liable for the violation of the provisions of this act, must have the work performed at his own expense, and for which a lien on the building and grounds is hereby declared to exist after record in the office of the county
clerk. Violations. SEC. 1832. Any owner, agent, lessee or occupant of such building
violating any of the provisions of this act shall be fined not less than fifty dollars por more than two hundred and fifty dollars for each thirty days the building may be unprovided with the ladder or fire escapes, recoverable on motion before any court of competent jurisdiction,
Actions for injuries-Limitation.
SECTION 2516. An action for an injury to the person of the plain
Action to be tiff, or of his wife, child, ward, apprentice, or servant, or for
brought within injuries to person, cattle, or stock, by railroads, or by any company or corporation;
shall be commenced within one year next after the cause of action accrued, and not thereafter.
Employment of labor-Contracts to be performed. SECTION 2607. All persons who shall come to this State under a Specific per
formance contract to serve another in any occupation, shall be compelled to
quired. perform the contract specifically during the time thereof, or so much of the same as shall not exceed seven years. Infants under fourteen years, under contract entered into by their guardian or father, shall serve to the age of twenty-one years, or such shorter time as the contract shall fix.
Sec. 2608. A servant bound to service shall be provided by his Duty master with a sufficiency of wholesome food, clothing, and lodging, master. and medical attention; and, at the end of his service, the servant shall receive from the master a good full new suit of clothes, suited to the season of the year.
SEC. 2609. The master of such servant may assign the benefit of Contracts his contract to any person whom the servant may, in the presence assignable. of a judge of a court, consent to serve, the judge attesting such consent, which must be in writing. The right of such service shall, on the death of the master, pass to his personal representative or devisee. SEC. 2610. All contracts entered into between master and servant
tracts void. during the period of service, shall be void, except such as are clearly beneficial to the servant.
Mine regulations—Wages-Company stores. SECTION 2722. There shall be appointed by the governor, with Inspector of the advice and consent of the senate, an inspector of mines, who
mines. shall hold his office for four years, and until his successor is appointed and qualified; but he shall be liable to be removed by the governor for willful neglect of duty or malfeasance in office. Any vacancy in the office of inspector which may occur when the senate is not in session shall be filled by appointment of the governor till the close of the next session of the senate. Said inspector shall have a practical knowledge of chemistry, geology and mineralogy, and shall also possess a practical knowledge of the different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of the mines, especially fire damp, and he shall also have a practical knowledge of mining and engineering; and said inspector shall, before he enters upon the discharge of his official duties, be sworn to discharge them faithfully and impartially, which oath shall be subscribed on his commission, and certified by the officer administering it, and his commission so indorsed shall be filed with the secretary of state in his office; and said inspector shall give bond in the penal sum of five thousand dollars, with surety, to be approved by the governor, for the faithful discharge of his duties.
Sec. 2723. Said inspector shall give his entire time and attention Duties. to the discharge of the duties of his office, and it shall be a part of his duty to visit and inspect, as often as may be necessary, all the coal mines in actual operation in Kentucky, and to see that the provisions of this act are complied with by the owners, agents and superintendents of all the mines in this State. Sec. 2724. Said inspector shall have power to visit and inspect
Powers any mine to which this act applies. He shall examine into the duties. condition of such mine with respect to ventilation, drainage, timbering and general security; and if, upon inspection, he finds that such ventilation, drainage or timbering as the health or
safety of the persons employed in the mines would require, has not been provided, or should he find the mine insecure in any part, or should be find that sufficient means of ingress and egress have not been provided, said inspector shall at once notify the agent, superintendent or owner of the mine as to the unsafe or unwholesome condition of such mine, and require him to put the mine in a safe
and wholesome condition, and such mine shall forthwith be renEnforce- dered safe and healthful. For a failure to comply with the diment of law.
rections of the inspector to render such mine safe, and to provide such ventilation as is sought to be secured by this law, and to provide safe and suitable means of ingress and egress within twenty days from the date of the inspection, the agent or superintendent and owner shall be liable to a fine of fifty dollars per day for every day that such mine shall be suffered to remain in such unsafe or unhealthful condition after the expiration of the twenty days above provided in which the required improvements should be made, which fine may be collected by indictment by the grand jury of the county in which such mine is situate; but in cases in which the inspector is satisfied, from personal investigation, that, even if due diligence is observed, the required improvements can not be completed within the twenty days above provided, he shall have authority to extend the time for not more than twenty days longer; but when the time is thus extended, the agent, superintendent or owner who is delinquent, after the expiration of the additional time, shall be subject to indictment and fine as above provided ; and, as a cumulative remedy in case of failure of any owner, agent or superintendent to conform to the provisions of this law, after notice from the inspector, within the time provided by this section, any circuit court, or the judge in vacation, may, on application of the inspector, by civil action in the name of the State, enjoin or restrain, by writ of injunction, the said owner, agent or superintendent from working or operating such mine with more than five persons until it is made to conform with the provisions of this law; but before such writ of injunction shall issue, the owner, agent or superintendent shall have at least three days' notice of such contemplated action, and shall have the right to appear before such court, or the judge in vacation, to whom the application is made, who shall hear the same on affidavits and such other testimony as may be offered in support as well as in opposition thereto, It shall be the duty of the Commonwealth's attorney of the district, and of the county attorney of the county in which the mine lies, to prepare and prosecute pro
ceedings upon said application. Office.
Sec. 2725. The inspector of mines shall keep an office in the statehouse at Frankfort. He shall be provided with all necessary stationery, to be supplied by or through the State librarian as other offices are supplied ; and he shall keep a record of all the inspections made by him, and shall furnish a certified copy of his report of the inspection of any mine inspected by him to the Commonwealth's attorney of the district in which the mine is situated, on application therefor, which copy shall be admissible in evidence in any court in this Commonwealth, and shall be prima
facie evidence of the truth of recitals therein contained. Not to be in- SEC. 2726. Such inspector, while in office, shall not act as agent, terested in or as a manager or mining engineer for, or be interested in operatmining operations.
ing any mine, and he shall annually, on or before the tenth day of Report. February, make report to the governor of his proceedings for and
during the calendar year ending on the thirty-first day of December, and of the condition and operation of the coal mines in this State, enumerating all accidents which shall have occurred in or about the same, and giving such other information as he may deem useful, and making such suggestions as he may deem important as to further legislation on the subject of mining. The inspector shall also report the number of persons employed in and about the mines, and the amount of coal mined; and, for the purpose of enabling him to make such report as is required by this section, the owner, lessee, agent or superintendent of every mine to which