Eight hours' rest. Penalty. Associations of workingmen exempt. No property exempt. What exempt. Proviso. wages capacity for eighteen consecutive hours, except in case of casualty, SEC. 5329b. Any company, corporation or person who shall vio- Antitrust act-Labor organizations exempt. SECTION 5343a. Nothing herein contained shall be construed to prevent any assemblies or associations of laboring men from passing and adopting such regulations as they may think proper, in reference to wages and the compensation of labor, and such assemblies and associations shall retain, and there is hereby reserved to them, all the rights and privileges now accorded to them by law, anything herein contained to the contrary notwithstanding. PART II.-CODE OF CIVIL PROCEDURE. Wages preferred—In executions, etc. SECTION 6117. Nothing in this chapter shall be so construed as to exempt any property in this State from execution or attachment for clerks', laborers', or mechanic's wages Exemption of wages from attachment, etc. * SECTION 6118 (as amended by chapter 160, Acts of 1907). The wages of all persons who are heads of families, in the hands of those by whom such persons may be employed, both before and after such wages shall be due, shall be exempt from the operation of attachment, execution and garnishee process to the extent of ninety per cent of the amount of such wages: Provided, That nothing in this act shall be so construed as to protect the wages of persons who have or are about to abscond or leave the State, from the provisions of law now in force upon that subject. An exemption granted in another State by the laws of that State will be valid in this State in case of an action brought here. The exemption of laborers' wages extends to nonresidents. 19 Nebr. 181, 182. What assign- SECTION 6120. It is hereby declared unlawful for any creditor ments unlaw- of, or other holder of any evidence of debt, book account, or claim ful. of any name or nature against any laborer, servant, clerk, or other employee of any corporation, firm, or individual, in this State, for the purpose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill, or debt of any name or nature whatever, to any person or persons, firm, corporation, or institution, or to institute in this State or elsewhere, or prosecute any suit or action for any such claim or debt against any such laborer, servant, clerk, or employee by any process seeking to seize, attach, or garnish the wages of such person or persons earned within sixty days prior to the commencement of such proceeding, for the purpose of avoiding the effect of the laws of the State of Nebraska concerning exemptions. Aiding. Evidence. SEC. 6121. It is hereby declared unlawful for any person or persons to aid, assist, abet, or counsel a violation of section one of this act [sec. 6120] for any purpose whatever. SEC. 6122. In any proceeding, civil or criminal, growing out of a breach of sections one or two of this act [secs. 6120, 6121], proof of the institution of a suit, or service of garnishment summons by any persons, firm, or individual, in any court of any State or Territory other than this State or in this State to seize by process of garnishment or otherwise, any of the wages of such persons as defined in section one of this act [sec. 6120], shall be deemed prima facie evidence of an evasion of the laws of the State of Nebraska and a breach of the provisions of this act on the part of the creditor or resident in Nebraska causing the same to be done. SEC. 6123. Any persons, firm, company, corporation, or business Penalty. institution guilty of a violation of sections one or two of this act [secs. 6120, 6121] shall be liable to the party injured through such violation of this act, for the amount of the debt sold, assigned, transferred, garnished, or sued upon, with all costs and expenses and a reasonable attorney's fee, to be recovered in any court of competent jurisdiction in this State; and shall further be liable by prosecution to punishment by a fine not exceeding the sum of two hundred dollars and costs of prosecution. The provisions of sections 6120-6123 are constitutional. 39 Nebr. 679. One who assigns a claim contrary to the provisions of this statute is liable to the debtor for the amount so appropriated without his consent. 37 Nebr. 267. PART III.-CRIMINAL CODE. Sunday labor. ** SECTION 6905. * And if any person of the age of fourteen years or upward shall be found on the first day of the week, commonly called Sunday, at common labor (work of necessity and charity only excepted), he or she shall be fined in a sum not exceeding five dollars nor less than one dollar: Provided, Nothing herein contained in relation to common labor on said first day of the week, commonly called Sunday, shall be construed to extend to those who conscientiously do observe the seventh day of the week as the Sabbath, nor to prevent families emigrating from traveling, watermen from landing their passengers, superintendents or keepers of toll bridges or toll gates from attending and superintending the same, or ferrymen from conveying travelers over the water, or persons moving their families on such days, or to prevent railroad companies from running necessary trains. Employment of women. Sunday labor forbidden. bor. SECTION 6942a. No female shall be employed in any manufac-, Hours of laturing, mechanical or mercantile establishment, hotel or restaurant in this State, more than sixty hours during any one week and ten hours shall constitute a day's labor. The hours of each day may Night work. be so arranged as to permit the employment of such females at any time from six o'clock a. m. to ten o'clock p. m.; but in no case shall such employment exceed ten hours in any one day. SEC. 6942b. Every such employer shall post in a conspicuous, Schedule be posted. place in every room where such females are employed, a printed notice, stating the number of hours' work required of them each day of the week the hours of commencing and stopping such work and the hours when the time or times allowed for dinner or for other meals begins and ends. Printed forms of said notice shall be furnished by the deputy labor commissioner, and the form of such notice approved by the attorney-general of this State. SEC. 6942c. Every such employer in such establishment, shall Seats. provide suitable seats for the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. SEC. 6942d. Any employer, overseer, superintendent or other Penalty. agent of any such employer who shall violate any of the provisions of this act, shall be fined for each offense in a sum not less than twenty dollars nor more than fifty dollars; and it is hereby made the duty of the deputy labor commissioner to enforce the provisions of this act: Provided, however, That nothing in this act shall be construed to prevent any other person from enforcing its provisions. This act (sections 6942a to 6942d) is constitutional. 91 N. W. Rep. 421. to ACTS OF 1903. Union labor. CHAPTER 17.-Employment of labor on public works-Cities of the first class. SECTION 123. In all cities governed by this act [cities having less than forty thousand and more than twenty-five thousand inhabitants], where work is performed upon the streets, sewers, boulevards or in parks, etc., or by virtue of any contract with any person, company, or companies, or corporations, for such city, it shall be done by union labor and be paid for at the rate of two dollars Rates of ($2) per day: Provided, That when skilled labor is employed by the city, said labor shall be paid the current scale of union wages: Provided, That eight hours shall constitute a day's labor. wages. Hours. Acts of ployees. Defects. em ACTS OF 1907. CHAPTER 48.-Liability of railroad companies for injuries to cmployees. SECTION 1. Every railway company operating a railway engine, car or train in the State of Nebraska shall be liable to any of its employees, who at the time of injury are engaged in construction or repair work, or in the use and operation of any engine, car or train for said company, or, in the case of his death, to his personal representatives for the benefit of his widow and children, if any, if none, then to his parents, if none, then to his next of kin dependent upon him, for all damages which may result from negligence of any of its officers, agents, or employees, or by reason of any defects or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways or works. SEC. 2. In all actions hereafter brought against any railway Comparative company to recover damages for personal injuries to an employee, negligence. or when such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery when his contributory negligence was slight and that of the employer was gross in comparison, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee, all questions of negligence and contributory negligence shall be for the jury. Contracts not a bar. Two hours allowed. SEC. 3. No contract of employment, insurance, relief benefit, or indemnity for injury or death hereafter entered into by or on behalf of any employee nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee: Provided, however, That upon the trial of such action against any railway company the defendant may set off any sum it has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the injured employee or, in case of his death, to his personal representative. CHAPTER 52.-Time to vote to be allowed employees. SECTION 34. Any person entitled to vote at a primary election shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of two 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 leave of absence shall be made prior to the day of the primary. The employer may specify the hours during which the employee may absent himself. CHAPTER 66.-Employment of children-General provisions. SECTION 1. No child under fourteen years of age shall be em- Age limit. ployed, permitted or suffered to work in, or in connection with, any theater, concert hall, or place of amusement, or any place where intoxicating liquors are sold, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or workshop, or as a messenger or driver therefor, within this State. It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service whatever during the hours when the public schools of the town, township, village or city in which the child resides are in session. SEC. 2. No child between fourteen and sixteen years of age shall Certificate. be employed, permitted or suffered to work in any theater, concert hall, or place of amusement, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory, or workshop, or as a messenger or driver therefor within this State, unless the person or corporation employing him procures and keeps on file and accessible to the truant officers of the town or city, the State commissioner of labor and his deputies, and the members of the State board of inspection, an employment certificate as hereinafter prescribed, and keeps two complete lists of all such children employed therein, one on file and one conspicuously posted near the principal entrance of the building in which such children are employed. Upon the termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith transmitted by the employer to the city or county superintendent of schools of the county in which the child resides, and shall be turned over to the child named therein upon demand. Any truant officer, the State Enforcement. commissioner of labor, or his deputies, or any member of the State board of inspection may make demand on any employer in whose place of business a child apparently under the age of sixteen years, is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this section, that such employer shall either furnish him within ten days, evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such place of business. The same evidence of the age of such child may be required from such employer as is required on the issuance of an employment certificate as hereinafter provided; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer shall fail to produce and deliver to the truant officer, the State commissioner of labor, or deputy State commissioner of labor, or member of the State board of inspection, within ten days after demand for the same, such evidence of the age of any child as may be required of him under the provisions of this act, and shall thereafter continue to employ such child or permit or suffer such child to work in such place of business, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence, in any prosecution brought for a violation of this section, that such child is under sixteen years of age and is unlawfully employed. SEC. 3. An employment certificate shall be approved only by the superintendent of schools of the school corporation in which the child resides, or by a person authorized by him in writing, or where there is no superintendent of schools, by a person authorized by the school district officers: Provided, That no school district officer or other person authorized as aforesaid shall have authority to approve such certificate for any child then in, or about to enter, his own employment, or the employment of a firm or corporation of which he is a member, officer or employee, or in whose business he is interested. The officer or person approving such certificate shall have authority to administer the oath provided for therein or in any investigation or examination necessary for the approval Approval of certificates. Issue of certificates. thereof. No fee shall be charged for approving any such certificate nor for administering any oath or rendering any services therein in respect thereto. The board of directors of each school corporation shall establish and maintain proper records where copies of all such certificates and all documents connected therewith shall be filed and preserved and shall provide the necessary clerical service for carrying out the provisions of this act. SEC. 4. The person authorized to issue an employment certificate shall not issue such certificate until he has received, examined, approved, and filed the following papers, duly executed: (1) The school record of such child, properly filled out and signed as provided in this act, showing that the child has completed the work of the eighth grade of the public schools, or its equivalent, or is regularly attending night school in compliance with section eight (8) of this act. (2) A passport, or duly attested transcript of the certificate of birth or baptism, or other religious or official record, showing the date and place of birth of such child. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of such child. (3) The affidavit of the parent, or guardian, or custodian of a child, which shall be required, however, only in case none of the documents mentioned in clause two (2) of this section can be produced and filed, showing the place and date of birth of such child; which affidavit must be taken before the officer issuing the employment certificate. Such employment certificate shall not be issued until such child has personally appeared before, and been examined by, the officer issuing the certificate and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that, in his opinion, the child is fourteen years of age, or upwards, and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. Physical fit- In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health, or by a physician provided by the State board of inspection. Whenever the person authorized to issue the employment certificate is in doubt about the age of a child, he may require the party or parties making application for the certificate to appear before the judge of the juvenile court, or county judge, where the question of the age of the child shall be determined and the judgment of the court shall be final and binding upon the person issuing the certificate. Notice of the hearing before the court shall be given to some one of the persons mentioned in section two authorized to demand inspection of employment certificates. Every employment certificate shall be signed in the presence of the officer issuing the same by the child in whose name it is issued. ness. Contents certificates. of SEC. 5. Such certificate shall state the date and place of birth of such child and describe the color of the hair and eyes, the height and weight and distinguishing facial marks of such child and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined. School record. SEC. 6. The school record required by section four shall be signed by the teacher and principal of the school which such child has attended and shall be furnished, on demand to a child entitled thereto. It shall contain a statement certifying that the child has regularly attended the public schools, or schools equivalent thereto, or parochial schools for not less than three-fourths of the school year previous to his arriving at the age of fourteen years, or during the year previous to applying for such school record and is able to read and write simple sentences in the English language. It shall also state the amount of work completed by such child, measured by the grade of the public day schools in the city or county. Such school record shall also give the age and residence |