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death of either or both such parties, such cause of action shall survive to the personal representative of such injured party, and against the person, receiver or corporation liable for such injuries and his legal representatives, and the liability and the measure of damages shall be the same as if such death or deaths had not occurred.

Hours of labor of railway telegraphers.

(Page 332.)

SECTION 1. It shall be unlawful for any person, corporation or Limit of receiver operating a line of railroad in whole or in part in the eight bours. State of Missouri, or any officer, agent or representative of such person, corporation or receiver, to require or permit any telegraph or telephone operator who spaces trains by the use of the telegraph or telephone under what is known and termed the “block system” (defined as follows) : Reporting trains to another office or offices or to a train dispatcher operating one or more trains under signals, and telegraph or telephone levermen, who manipulate interlocking machines in railroad yards or on main tracks out on the lines connecting side tracks or switches, or train dispatchers in its service whose duties substantially, as hereinbefore set forth, 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 as interpreted in this section to be on duty for more than eight hours in a day of twenty-four hours, and it is hereby declared that eight hours shall constitute a day of employment for all laborers or employees engaged in the kind of labor aforesaid : Provided, That at stations Twelve that are kept open only during the daytime where only one tele-hours, when. graph or telephone operator be employed, they may work twelve hours in a day of twenty-four hours, and that the hours of service of telegraph or telephone operators as interpreted in this section shall be consecutive, including one meal hour: Provided, further, That in case of sickness, death, wrecks or washouts, telegraph or telephone operators may be held on duty not to exceed sixteen hours in a day of twenty-four hours.

Sec. 2. Any person or persons, company or corporation, who Violation. shall violate any of the provisions of the preceding section, shall, ou conviction, be fined not more than one thousand dollars.

Mine regulations.

(Page 364.)

Inspection.

SECTION 1. The State mine inspectors of lead mines, zinc mines and mines other than coal are hereby authorized, empowered and directed to thoroughly inspect all underground excavations in all lead mines, zinc mines and mines other than coal, as often as the inspector may deem proper after the passage and approval of this act, to ascertain the condition of said underground excavations with (respect] to the safety of all employees working in such underground excavations; and, if after such examination, the inspectors shall find that the safety of the employees engaged in working in such excavations is imperiled by reason of [there) being only one shaft or outlet by which a distinct means of ingress or egress is always available to such employees, it shall be the duty of such inspectors to immediately notify the owner, agent or operator of such mine, in writing, specifying the particular underground excavation so found to be unsafe or dangerous, and direct the owner, agent or operator to, within thirty days after receiving such notice, commence to sink another shaft or outlet for such underground excavation, at (some) point to be agreed to by such inspector, and prosecute the sinking of such shaft or outlet with all due diligence until the same is completed. And the State mine inspectors aforesaid sball have power, if they deem it for the safety

Outlets.

to health.

of the employees, to order all employees engaged in working in such underground excavations so found to be unsafe or dangerous to quit work until such other shaft or outlet shall have been com

pleted, or until further notified by such inspector(s). Conditions as SEC. 2. The State mine inspectors for lead mines, zinc mines and

other mines other than coal are hereby authorized, empowered and directed to thoroughly inspect all underground excavations in all lead mines, zinc mines and mines other than coal, as often as the inspector may deem proper, from and after the passage and approval of this act, and to ascertain the condition of such underground excavations with respect to the health of employees engaged in working in such underground excavations; and, if after such examination, the inspector shall find that the health of the employees is impaired by reason of there not being sufficient circulation of air or ventilation for such employees, it shall be the duty of such inspector to immediately notify the owner, agent or operator of such mine, in writing, specifying the underground excavation so found to be unhealthful, and direct such owner, agent or operator of such mine to, within fifteen days after receiving such written notice, commence to drill a sufficient number of air holes for such underground excavation, at some point or points to be agreed to by such inspectors, and prosecute the drilling of such air hole or holes with all due diligence until they are completed. And the inspectors shall have power, if they deem it for the interest of the employees, to order all employees engaged in working in such underground excavations so affected by said notice to quit work until such air hole or holes shall have been completed, or

until further notified by such inspector. Violations. Sec. 3. Every person, owner, agent or operator of any lead

mines, zinc mines or mines other than coal, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a term not exceeding six months, or by a fine not less than one hundred dollars for each offense, or by both such fine and imprisonment.

Employment of children-School attendance-St. Louis.

(Page 428.)

School at. SECTION 1. Every parent, guardian or other person in any city of tendance

re- the State of Missouri of five hundred thousand inhabitants or over quired.

having charge, control or custody of a child between the ages of eight and fourteen years, shall cause such child to attend regularly some day school, public, private, parochial or parish, not less than the entire time the school which said child attends is in session, or shall provide such child at home with such regular daily instructions during the usual hours as shall, in the judgment of a court having competent jurisdiction, be substantially equivalent at least to the instruction given the children of like age at said day school in the locality in which said child resides; and every parent, guardian, or person in the State of Missouri in such cities having charge, control or custody of a child between the ages of fourteen and sixteen years, who is not actually and regularly and lawfully engaged for at least six hours each day in some useful employment or service, shall cause said child to attend regularly some day

school as a foresaid. Exemptions. SEC. 2. A child between the ages aforesaid may be excused tem

porarily from complying with the provisions of this act, in whole or in part, if it be shown to the satisfaction of the attendance officer, or if he declines to excuse, to the satisfaction of a court of competent jurisdiction, that said parent, guardian or person having charge, control or custody of said child is not able, through extreme destitution, to provide or obtain in anyway proper clothing for said child; or that said child is mentally or physically incapacitated to attend school for the whole period required, or any part thereof, or that the labor of said child is absolutely necessary

officers.

for the support of the family, or that said child has completed the common school course, as prescribed by constituted authority, or its equivalent, and has received a certificate of graduation therefrom: Provided, however, That in cities maintaining evening schools any child who has been exempted from attendance in the day school for the reason that the labor of said child is absolutely necessary for the support of the family, shall be required to attend said evening schools while they are in session, unless an exemption from such attendance is granted by the attendance officer.

Sec. 3. The board having charge of public schools in such city Attenda nce may appoint, and remove at pleasure, one or more attendance officers to enforce the provisions of this act, and shall fix the compensation and manner of performance of the duties of said attendance officers, and shall pay them from the public school funds; and Duties. the attendance officer or officers, as aforesaid, shall have the right to investigate the claims of children for exemption under section two, and to issue certificates of exemption when such claims are established to his or their satisfaction; shall serve written or printed notices upon the parents, or guardians, or persons, who, having charge, control or custody of children, as aforesaid, violate the provisions of this act; shall, when reasonable doubt exists as to the age of any such child, require a properly attested birth certificate or an affidavit stating such child's age, giving the date of birth, physical characteristics and bearing the signature of the child; shall have the right to visit and enter any mine, office, factory, workshop, business house, place of amusement, or other place in which children are employed or engaged in any kind of service, or any place or building in which children loiter or idle during school hours; shall have the right to require a properly attested certificate of the attendance of any child or children at such day school; shall have power to arrest, without warrant, any truant, or nonattendants or other juvenile disorderly persons, and place them in some school, or take them to their homes, or take them to any place of detention provided for neglected or delinquent children by such city ; shall serve in the cases which they prosecute without further fee or compensation than that paid by the board as aforesa id, and shall carry into effect such other regulations as may lawfully be required by the board appointing them. Sec. 4. Superintendents, principals and persons in charge of

Powers. schools and attendance officers are authorized to administer oaths and to take the affidavits of parent, guardian or other person having charge, control or custody of children, concerning the ages of children, and to furnish children with certificates of such affidavits; such certificates must have attached the signature of the child for whom it is issued, the signature of the person who made and took the affidavit, and the seal of the board having charge of public schools. Aforesaid certificates shall contain the description of the color of eye and hair of the child to whom it is issued. SEC. 5. It shall be a misdemeanor for any parent, guardian or

False affi

davits. other person having charge, control or custody of children to give false information to superintendents or principals of schools or to the attendance officer or to make a false affidavit concerning the age of a child, and aforesaid parent, guardian or other person shall, upon conviction of such misdemeanor, be fined not exceeding twenty-five dollars.

Sec. 7. Any parent or guardian or person who having charge, Violations. control or custody of a child in such city, between the ages of eight and sixteen years, violates any provision of this act, shall be warned, as aforesaid, as soon as possible after the beginning of the public school term of the city, and also at any time thereafter, by the attendance officer herein provided for, to place and keep said child in regular attendance at some school within ten days from the service of said written or printed notice of warning, and upon failure to comply with this act after a lapse of ten days from the date of the service of said notice of warning, said parent or guardian, or person having charge, control or custody of said child

shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not less than ten dollars and not more than twenty-five dollars, or [be] imprisoned for not less than two days and not more than ten days, or both such fine and imprisonment: Provided, That said sentence of fine or imprisonment, or both, may be suspended and finally remitted by the court with or without the payment of costs, at the discretion of the court, if the sa id child be immediately placed and kept in regular attendance in some day school as aforesaid, and if such fact of regular attendance is proven subsequently to the satisfaction of said court by a properly attested certificate of attendance by the superintendent,

principal or person in charge of said day school. Employment. SEC. 8. No child between the ages of fourteen and sixteen shall

be employed or be engaged in service in any mine, factory, workshop, business house, place of amusement, or in any other place or

manner who has not first furnished his employer a properly atCertificate. tested birth certificate, or an affidavit, as provided for in section

four of this act, giving the date of birth and physical character

istics and the signature of the child. Employment Sec. 9. No child between the ages of eight and fourteen shall be during school employed or be engaged in service during the usual school hours in hours.

any mine, office, factory, workshop, business house, place of amusement, or in any other place or manner, unless such child shall first furnish his employer a certificate, properly signed by the attendance officer, or an excuse from school attendance issued by a court of competent jurisdiction, showing that such child is for the time being excused from attendance at school, in accordance with sec

tion two of this act. Violation. SEC. 10. Every owner, superintendent, officer, or person in charge

of any mine, office, factory, workshop, business house, or place of amusement, or any person who shall employ or have in his service any child between eight and sixteen years of age contrary to the provisions of this act, shall be guilty of a misdemeanor, and, upon conviction, shall be fined for each offense in a sum not less than

twenty or more than fifty dollars and costs.

be SEC. 11. Every owner, superintendent, officer, or person in charge kept.

of any mine, office, factory, workshop, business house, or place of amusement, or any person who employs or has in his service any child between eight and sixteen years of age, shall preserve and keep on file for each child between the aforesaid ages that is in his employ or service, the affidavit or certificate of age, or the certificate of exemption from school attendance which has been furnished to said employer, as provided for by sections nine and ten of this act; and every employer, as aforesaid, shall, upon the request of the attendance officer, submit any or each of said certificates, affidavits, or exemptions from school attendance for inspection and examination of such officer. Any employer failing to comply with any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined for such offense not less than twenty dollars, nor more than fifty dol.

lars, and costs. Enforcement. SEC. 12. Prosecutions under this act shall be brought in the name

of the State of Missouri. The circuit court, when vested as a juvenile court, with jurisdiction over juvenile offenders, shall have concurrent jurisdiction with the court in said city having general jurisdiction over misdemea nors to try and determine any cases of violation of the provisions of this act by parents, employers or other persons, and shall also have jurisdiction to determine exemptions under section two, and a general supervisory jurisdiction

over the enforcement of the provisions of this act. Prior law re- SEC. 13. An act entitled “An act to enforce the constitutional pealed as to St. right of every child in the State to an education, to provide for

truant or parental schools and attendance officers in cities of ten thousand population or more, and to prohibit the employment of children during school hours," approved April 11, 1905, (page 146, Acts of 1905) so far as the same applies to cities having five hun. dred thousand inhabitants or more, is hereby repealed.

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MONTANA.

CONSTITUTION.

ity.

ARTICLE 15.—Contracts of employees waiving right to damages.
SECTION 16. It shall be unlawful for any person, company or

Contracts corporation to require of its servants or employees, as a condi- limiting liabiltion of their employment or otherwise, any contract or agreement, whereby such persons, company or corporation, shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof; and such contracts shall be absolutely null and void.

ARTICLE 18.-Bureau of agriculture, labor, and industry. SECTION 1. The legislative assembly may provide for a bureau Assembly may of agriculture, labor and industry, to be located at the capital provide for bu. and be under the control of a commissioner appointed by the governor subject to the confirmation of the senate. The commissioner shall hold his office for four years, and until his successor is appointed and qualified, his compensation shall be as provided by law.

ARTICLE 18.-Employment of children in mines-Age limit-Hours of labor of employees on public works and in mines, smelters, etc.

SECTION 3. It shall be unlawful to employ children under the

Limit of six

teen years. age of sixteen (16) years of age in underground mines. SEC. 4. A périod of eight hours shall constitute a day's work on

Limit of eight

hours per day. all works or undertakings carried on or aided by any municipal, county or State government, and on all contracts let by them, and in mills and smelters for the treatment of ores, and in underground mines,

SEC. 5. The legislature by appropriate legislation shall provide Enforcement. for the enforcement of the provisions of this article.

ANNOTATED CODES—1895.

POLITICAL Code.

Inspection of steam boilers-Eramination and licensing of

engineers.

SECTION 550. There must be appointed by the governor, by and

Inspector of

boilers. with the advice and consent of the senate, one inspector of boilers, whose duty it is to inspect all steam boilers now in use in the State, not subject to inspection under the laws of the United States, and to examine and grant licenses to steam engineers intrusted with the care and management of steam boilers and steam machinery. The salary of the inspector of boilers is twenty-four hundred dollars per year, and his term of office is four years, unless sooner removed by the governor. The inspector of boilers must execute an official bond in the sum of five thousand dollars. SEC. 551. No person is eligible to hold the office of inspector of

Qualifica

tions. boilers and steam machinery who has not had at least five years of actual practice in the operations of steam engines, steam boilers and steam machinery, or who is directly or indirectly interested in the manufacture or sale of boilers or steam machinery, or any patented article required to be sold or in general use in the construction of steam boilers or steam engines.

Assistant inSec. 552 (as amended by chapter 45, Acts of 1907). There shall

spectors. be two assistant inspectors of boilers, each of whom shall be called assistant inspector of boilers. Such assistant inspectors

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