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Licenses Sec. 5. A license issued by any board of county commissioners from other counties.
of this State, as herein provided, shall, so long as the same remain unrevoked, entitle the lawful holder thereof to the privileges thereby conferred in any other county of this state upon his recording the same with the clerk of the board of commissioners of the
county in which he desires to exercise those privileges. Fee.
SEC. 6. For the license herein provided, the applicant shall, before the issuance of same, pay a fee in the sum of five ($5) dollars, which fee shall be assigned to the general fund of the county in
which paid. Acting with SEC, 7 (as amended by chapter 184, Acts of 1907). Any person out license.
operating any stationary engine, steam boiler, hoist or other stationary machinery or apparatus or hoisting machinery used for the purpose of hoisting or lowering men or material from a shaft or nine, where the lives, health or limbs of men may be involved, who has not first procured the license herein provided for, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined in a sum not less than fifty ($50) dollars nor more than two hundred and fifty ($250) dollars, or by imprisonment in the county jail not less than thirty nor more than one hundred and twenty days, or by both such fine and imprisonment, in the discretion of the court: Provided, That nothing in this act contained shall be held to apply to those operating in person their own private apparatus nor to persons operating any stationary engine, steam boiler or other apparatus or machinery for town or city purposes.
CHAPTER 142.-Right of action for personal injuries.
Liability for SECTION 1. Whenever any person shall suffer personal injury by negligence.
wrongful act, neglect or default of another, the person causing the injury shall be liable to the person injured for damages; and where the person causing such injury is employed by another person or corporation responsible for his conduct, such person or corporation so responsible shall be liable to the person injured for damages.
Sec. 2. Such liability, however, where not discharged by agree ment and settlement shall exist only in so far as the same shall be ascertained and adjudged by a State or Federal court of competent jurisdiction in this State in an action brought for that purpose by the person injured.
SECTION 1. No corporation, company, organization, or individual bidden.
shall blacklist or publish, or cause to be blacklisted or published, any employee, mechanic, or laborer discharged by such corporation, company, organization, or individual with the intent and for the purpose of preventing such employee, mechanic, or laborer from engaging in or securing similar or other employment from
any other corporation, company, organization, or individual. Penalty. SEC. 2. If any officer or agent of any corporation, company,
organization, or individual, or other person, shall blacklist or publish or cause to be blacklisted or published any employee, mechanic or laborer discharged by such corporation, company, organization, or individual, with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company, organization, or individual, or shall in any manner conspire or contrive by correspondence or otherwise, to prevent such discharged employee from procuring employment, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty, nor more than two hundred and fifty dollars, or be imprisoned in the county jail not less than thirty
nor more than ninety days, or both. Reasons for SEC. 3. But this act shall not be construed as prohibiting any discharge.
corporation, company, organization or individual, from giving in writing, on application from such discharged employee, or any corporation, company, organization or individual who may desire to employ such discharged employee, a truthful statement of the reason for such discharge : Provided, That said written cause of discharge, when so made by such person, agent, company, organization or corporation shall not be used as the cause for an action for libel, either civil or criminal, against the person, agent, company, organization or corporation so furnishing the same.
ACTS OF 1907.
CHAPTER 44.-Accidents on railroads. SECTION 30. Every railroad shall, whenever an accident attend- Accidents to ant with loss of human life occurs within this State, upon its line be reported. of road or on its depot grounds or yards, give immediate notice thereof to the [railroad] commission. In the event of any such accident, the commission, if it deem the public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless, for greater convenience of those concerned, it shall order such investigation to be held at some other place, and said investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall seasonably notify an officer or station agent of the company of the time and place of the investigation. The cost of such investigation shall be certified by the chairman of the commission, and the same shall be audited and paid by the State. in the same manner as other expenses are audited and paid and a record or file of said proceedings and evidence shall be kept by said commission.
CHAPTER 181.–Arbitration of labor disputes.
SECTION 1. Whenever a controversy concerning wages, hours of Governor to labor, or conditions of employment shall arise between an em
mediate. ployer and his employees, seriously interrupting or threatening to interrupt the business of the employer, the governor shall, upon the request of either party to the controversy, with all practicable expedition, put himself in communication with the parties to such controversy, and shall use his best efforts, by mediation and conciliation, to amicably settle the same. He may either exercise such powers of conciliation himself, or appoint a commission for such purpose. If such efforts of conciliation shall be unsuccessful, the governor shall at once endeavor to bring about an arbitration of such controversy in accordance with the provisions of this act.
SEC. 2. Whenever such controversy shall arise between an em- Board of arployer and his employees which cannot be settled by mediation bitration. and conciliation in the manner provided in the preceding section, such controversy may, with the consent of the parties to the controversy, be submitted to the arbitration of a board of three persons who shall be chosen in the manner following: One shall be named by the employer directly interested; the other by the labor organization to which the employees directly interested belong, or if they belong to more than one, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations. The two thus chosen shall select the third commissioner of arbitration, but in the event of their failure to name such arbitrator within five days after their first meeting, the three arbitrators shall be named by the governor. A majority of said arbitrators shall be competent to make a binding and valid award under the provisions hereof. The submission shall be in writing, shall be signed by the employer and by the labor organization or organizations representing employees, shall specify the time and place of meeting of such board of arbitration, shall state the questions to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate as follows:
Stipulations. First. That the Board of arbitration shall commence their hear
ings within ten days from the date of the appointment of the third arbitrator, and shall find and file their award within thirty days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed : Provided, That no employee shall be compelled to render personal service without his conseut.
Second. That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators, shall be filed in the clerk's office of the district court for the district wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.
Third. That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit: Provided, That no injunction or other legal process shall be issued which shall compel the performance by any laborer against his will of a contract for personal labor or service.
Fourth. That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of their intention so to quit. Nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of his intention so to discharge.
Fifth. That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of said one year if the award is
not set aside as provided. Award. Sec. 3. The award being filed in the clerk's office of the district
court, as hereinbefore provided, shall go into practical operation, and judgment shall be entered thereon accordingly at the expiration of ten days from such filing, unless within such ten days either party shall file exceptions thereto for matter of law apparent on the record, in which ca se said award sball go into prac. tical operation and judgment be entered accordingly when such exceptions shall have been finally disposed of either by said district court or on appeal therefrom. At the expiration of ten days from the decision of the district court upon exception taken to said award as aforesaid, judgment shall be entered in accordance with said decision, unless during said ten days either party shall appeal therefrom to the supreme court of the State of Nevada. In such case only such portion of the record shall be transmitted to the supreme court as is necessary to a proper understanding and consideration of the questions of law presented by said exceptions and to be decided. The determination of said supreme court upon sa id questions shall be final, and being certified by the clerk thereof to said district court, judgment pursuant thereto shall thereupon be entered by said district court. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award, but in such case the parties may agree upon a judgment to be entered disposing of the subject-matter of the controversy, which judgment when entered shall have the same
force and effect as judgment entered upon award. Powers of SEC. 4. For the purposes of this act the arbitrators herein proboard.
vided for, or either of them, shall have power to administer oaths and affirmations, sign subpenas, require the attendance and testimony of witnesses, and the production of such books, papers, contracts, agreements, and documents material to a just determination of the matters under investigation, as may be ordered by the courts; and may invoke the aid of the said courts to compel witnesses to attend and testify, and to produce such books, papers, contracts, agreements and documents as the courts shall determine to be material and competent evidence. SEC. 5. Every agreement of arbitration under this act shall be Agreements
to be recorded. acknowledged by the parties before a notary public or clerk of the district court of the State, and when so acknowledged a copy of the same shall be filed with and recorded by the county recorder of the county in which the arbitration is entered into, and a copy shall also be sent to the governor who shall file the same in the office of the secretary of state, who shall cause a notice in writing to be served upon the arbitrators, fixing the time and place for a meeting of said board, which shall be within fifteen days from the execution of said agreement of arbitration : Provided, however, That the governor shall decline to call a meeting of the arbitrators under such agreement unless it be shown to his satisfaction that the employees signing the submission represent or include a majority of all the employees in the service of the same employer and of the same grade and class, and that an award pursuant to said submission can justly be regarded as binding upon all such employees. SEC. 6. During the pendency of arbitration under this act it
Status quo to
be maintained. shall not be lawful for the employer, party to such arbitration, to discharge the employees, parties thereto, except for inefficiency, violation of law, or neglect of duty; nor for the organizacion representing such employees to order, nor for the employees to unite in, aid or abet, strikes against said employer; nor, during a period of three months after an award under such an arbitration, for such employer to discharge any such employees, except for the causes aforesaid, without giving thirty days' written notice of an intent so to discharge; nor for any of such employees, during a like period, to quit the service of said employer without just cause, without giving to sa id employer thirty days' written notice of an intent so to do; nor for such organization representing such employees to order, counsel, or advise otherwise, Any violation of this section shall subject the offending party to liability for damages: Provided, That nothing herein contained shall be construed to prevent any employer, party to such arbitration, from reducing the number of its or his employees whenever in its or his judgment business necessities require such a reduction. SEC. 7. The agreement of arbitration shall provide for the com
Expenses. pensation of arbitrators, and their traveling and other necessary expenses.
CHAPTER 186.- Hours of labor of telegraph operators, ctc., on rail
SECTION 1. It shall be unlawful for any person, corporation or Application association operating a railroad within this State to permit any
of law. telegraph or telephone operator who spaces trains by the use of the telegraph or telephone under what is known and termed "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 and telephone levermen who manipulate interlocking machines in railroad yards or on main tracks out on the lines connecting said tracks or switches, or train dispatchers in its service whose duties substantially as hereinbefore set forth, pertain to the movements of cars, engines or trains on its railroad by the use of 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 Limit of eight eight hours in any twenty-four consecutive hours.
SEC. 2. Any person, corporation or association that shall violate Violations. section 1 of this act, shall pay a fine of one hundred dollars for each violation of this act.
SEC, 3. The fine mentioned in section 2 of this act shall be recovered by an action of debt in the name of the State of Nevada for the use of the State, who shall sue for it against such person, corporation or association violating this act, said suit to be instituted in any court in this State having appropriate jurisdiction.
SEC. 4. The said fine when recovered as aforesaid, shall be paid without any deduction whatever, one-half thereof to the informer and the balance thereof to be paid in to the public school fund of the State of Nevada.
CHAPTER 202.-Rate of wages of laborers on public works. Minimum of SECTION 1. On all public works carried on in the erection of three dollars. public buildings by or for the State of Nevada, or by any indi
vidual, firm, company or corporation under contract with the State of Nevada, unskilled labor shall be paid for at a rate of not less than three ($3) dollars per eight-hour day for each male person over the age of eighteen years who shall be employed at such
labor. Violations. SEC. 2. Any person or persons, firm or corporation conducting
or carrying on any public work, as specified in section 1 of this act, that shall violate the provisions of this act, upon conviction of such violation in a court of competent jurisdiction, shall be fined the sum of fifty ($50) dollars for each man employed at such labor for less than three ($3) dollars per eight-hour day.
CHAPTER 211.-Liability of employers for injuries to employees. Railways, SECTION 1. Every common carrier engaged in trade or commerce minas, etc.
in the State of Nevada, and every mine and mill owner and operator actually engaged in mining, or in milling or reduction of ores, in the State of Nevada, shall be liable to any of its employees, or, in case of the death of such employee, to his personal representative for the benefit of his widow and children, if any, and if none, then for his next of kin, for all damages which may result from the negligence of the officers, agents, or employees of said common carrier or mine or mill operator, or by reason of any defect or insufficiency due to their negligence in its cars, engines, appliances, machinery, track, roadbed, ways or works, or to
their negligent handling or storing of explosives. Comparative SEC. 2. In all actions hereinafter brought against any common negligence. carrier or mine or mill owner and operator to recover damages
for personal injuries to or death of an employee, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and the negligence of the employer, or its officers, agents, or employees was gross in comparison. All questions of negligence and
contributory negligence shall be for the jury. Contracts SEC, 3. No contract of employment, insurance, relief benefit, or waiving rights. indemnity for injury or death, entered into by or on behalf of any
employee, nor the acceptance of any 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 the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the person entitled thereto.
CHAPTER 92.—Employment of children-School attendance, Duties as to
SECTION 18 (as amended by chapter 70, Acts of 1899). Truant children at
officers shall, if required by the school board, enforce the laws prohibiting the employment of children in manufacturing, mechan. ical, or mercantile establishments who have not attended school