Fees.

English language, the date of the application for employment; the name and address of the applicant to whom employment is promised or offered; the amount of the fee received, and, whenever possible, the names and addresses of former employers or persons to whom such applicant is known. Such licensed person, except those above specified in this section, shall also enter in a separate register, to be approved as aforesaid, in the English language, the name and address of every applicant accepted for help, the date of such application, kind of help requested, the names of the persons sent, with the designation of the one employed, the amount of the fee received and the rate of wages agreed upon. The aforesaid registers of applicants for employment and for help shall be open during office hours to inspection by the officers of said municipality. No such licensed person, his agent or employees, shall make any false entry in such registers. It shall be the duty of every licensed person, whenever possible, to communicate orally or in writing with at least one of the persons mentioned as references for every applicant for work in private families, or employed in a fiduciary capacity, and the result of such investigation shall be kept on file in such agency: Provided, That if the applicant for help voluntarily waives in writing such investigation of references by the licensed person, failure on the part of the licensed person to make such investigation shall not be deemed a violation of this act. Every licensed person exempted from the provisions of this section as to the keeping of registers shall keep accurate records, in the English language, of all persons to whom work is promised or offered, or from whom a fee is taken, and of all persons from whom an application for an employee is accepted, together with the date of the engagement, the amount of the fee received, and the rate of remuneration agreed upon.

SEC. 4. The fees charged applicants for employment as lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrubwomen, laundresses, maids, nurses (except professional) and all domestics and servants, unskilled workers and general laborers, shall not in any case exceed ten per centum of the first month's wages, and for all other applicants for employment shall not exceed the amount of the first week's wages or salary, or five per centum of the first year's salary, except when the employment or engagement is of a temporary nature, not to exceed in any single contract one month, then the fee shall not exceed ten per centum of the salary paid. In case the applicant shall not accept or obtain help or employment, through Return of fee. such agency, then such licensed person shall on demand repay the full amount of the said fee, allowing three day's time to determine the fact of the applicant's failure to obtain help or employment. If an employee furnished fails to remain one week in the situation, a new employee shall be furnished to the applicant for help if he so elects, or three-fifths of the fee returned, within four days of demand: Provided, Said applicant for help notifies said licensed person within thirty days of the failure of the applicant to accept the position or of the applicant's discharge for cause. If the employee is discharged within one week without said employee's fault, another position shall be furnished or three-fifths of the fee returned to the applicant for employment, if he so elects. Failure of said applicant for help to notify said licensed person that such help has been obtained through means other than said agency shall entitle said licensed person to retain or collect three-fifths of the Orders to be said fee. No such licensed person shall send out any applicant for employment without having obtained, either orally or in writing, a bona fide order therefor, and if it shall appear that no employment of the kind applied for existed at the place to which said applicant was directed, the said licensed person shall refund to such applicant, within three days of demand, any sums paid by said applicant for transportation in going to and returning from said place, and all fees paid by said applicant. It shall be the duty of such licensed person to give to every applicant for employment

bona fide.

Receipts.

from whom a fee shall be received a receipt, in which shall be stated the name of said applicant, the date and amount of the fee, and the purpose for which it was paid, and to every applicant for help a receipt stating the name and address of said applicant, the date and amount of the fee, and the kind of help to be provided. Every such receipt, excepting only those given by theatrical, and those procuring technical, clerical, sales and executive positions for men only, shall have printed on the back thereof a copy of this section, in the English language, and in any language which the person to whom the receipt is issued can understand. No such licensed person shall receive or accept any valuable thing or gift as a fee or in lieu thereof. No such licensed person shall divide Dividing fees. fees with contractors or their agents, or other employers, or anyone in their employ to whom applicants for employment are sent. Every such licensed person shall give to each applicant for employment a card or printed paper containing the name of the applicant, name and address of such employment agency, and the written name and address of the person to whom the applicant is sent for employment. Every such licensed person shall post in a conspicuous place in each room of such agency sections four, five and six of this act, which shall be printed in large type, in languages which persons commonly doing business with such office can understand. Such printed law shall also contain the name and address of the officer charged with the enforcement of this law.

Law to be

posted.

Enticing do

la

SEC. 5. No such person shall induce or attempt to induce any domestic employee to leave his employment with a view to obtain-mestics. ing other employment through such agency. Whenever such Sending licensed person, or any other acting for him, agrees to send one or borers outside more persons to work as contract laborers in any one place outside city. the city in which such agency is located, the said licensed person shall file with the mayor or commissioner of licenses, within five days after the contract is made, a statement containing the following items: Name and address of the employee; nature of the work to be performed, hours of labor; wages offered, destination of the persons employed and terms of transportation. A duplicate copy of this statement shall be given to the applicant for employment in a language which he is able to understand.

Immoral,

SEC. 6. No such licensed person shall send or cause to be sent any female as a servant or inmate or performed [performer] to etc., resorts. enter any place of bad repute, house of ill fame or assignation house, or to any house or place of amusement kept for immoral purposes, or place resorted to for the purposes of prostitution, or gambling house, the character of which such licensed person could have ascertained upon reasonable inquiry. No such licensed person shall knowingly permit any person of bad character, prostitutes, gamblers, intoxicated persons or procurers to frequent such agency. No such licensed person shall accept any application for Children. employment made by or on behalf of any child under the age of fourteen years, or shall place or assist in placing any such child in any employment whatever. No licensed person, his agents, servants or employees, shall induce or compel any person to enter such agency for any purpose, by the use of force or by taking forcible possession of said person's property. No such licensed person, his or her agents or employees, shall have sexual intercourse with any applicant for employment. No such person shall procure or offer to procure help or employment in rooms or on premises where intoxicating liquors are sold to be consumed on the premises, whether or not dues or a fee or privilege is exacted, charged or received directly or indirectly. For the violation of any of the foregoing provisions of this section the penalty shall be a fine of not less than fifty dollars and not more than two hundred and fifty dollars, or imprisonment for a period of not more than one year, or both, at the discretion of the court. No such licensed person shall publish or cause to be published any false or fraudulent or misleading notice or advertisement; all advertisements of such employment agency by means of cards, circulars or signs and in newspapers and other publications, and all letter

Advertise

ments.

Enforcement.

heads, receipts and blanks shall contain the name and address of such employment agency, and no such licensed person shall give any false information, or make any false promise or false representation concerning employment to any applicant who shall register for employment or help.

SEC. 7. The enforcement of this act shall be entrusted to the police departments of all municipalities not having license inspectors and to the license inspector or inspectors in other municipalities. The chief of police or such license inspector as may be appointed by the chief of police, which inspector shall have no other duties except under this act, shall make, at least, bi-monthly visits to every such agency excepting those agencies exempted from keeping the prescribed registers under section four of this act, which shall be inspected on complaint made to said license inspector. Said inspectors shall have a suitable badge which they shall exhibit on demand of any person with whom they may have official business. Said inspectors shall see that all the provisions of this act are complied with, and shall have no other occupation or business. Complaints against any such licensed person shall be made in writing to any police magistrate or justice of the peace and reasonable notice thereof, not less than one day, shall be given in writing to said licensed person by serving upon him a concise statement of the facts constituting the complaint, and a hearing shall be had before the police magistrate or justice of the peace within one week from the date of the filing of the complaint, and no adjournment shall be taken for a period longer than one week. A daily calendar of all hearings shall be kept by the police magistrate or justice of the peace, and shall be posted in a conspicuous place in his court room or office for at least one day before the date of such hearings. The police magistrate or justice of the peace shall render his decision within eight days from the time the matter is finally submitted to him. Said police magistrate or justice of the peace shall keep a record of all such complaints and hearings. The said mayor or other said officer may refuse to issue and may revoke any license for any good cause shown, within the meaning and purpose of this act, and Revocation of when it is shown to his satisfaction that any licensed person is guilty of any immoral, fraudulent or illegal conduct, in connection with the conduct of said business, it shall be his duty to revoke the license of such persons; but notice of the charges shall be presented and reasonable opportunity shall be given said licensed person to defend himself. Whenever for any cause such license is revoked, license shall not be issued to said licensed person or his representative, or to any person with whom he is to be associated in the business of furnishing employment. The violation of any provision of this act, except as provided in sections two and six, shall be punishable by a fine not to exceed twenty-five dollars, and any city magistrate, police justice, justice of the peace, or any inferior magistrate having original jurisdiction in criminal cases, shall have power to impose said fine, and in default of payment thereof to commit the person so offending for a period not exceeding thirty days. Any person may institute criminal proceedings for its enforcement before any court of competent jurisdiction.

license.

Violations.

Sunday labor forbidden.

NEW MEXICO.

COMPILED LAWS-1897.

Sunday labor.

SECTION 1368. Any person or persons who shall be found on the first day of the week, called Sunday, engaged * * in any labor, except works of necessity, charity, or mercy, shall be punished by a fine not exceeding fifteen dollars, nor less than five dollars, or imprisonment in the county jail of not more than fifteen days, nor less than five days, in the discretion of the court, upon conviction before any district court.

hotel
etc.

service,

SEC. 1370. It shall be lawful in cases of necessity for farmers Irrigation, and gardeners to irrigate their lands, and when necessary to preserve the same, to remove grain and other products from the fields on said day; and nothing in this act shall be construed to prevent cooks, waiters and other employees of hotels and restaurants, and of butchers and bakers, from performing their duties on said day.

SEC. 1372. Sunday, for the purpose of this act, shall be regarded as the time between sunrise and midnight of said day.

Protection of employees as voters.

* *

Definition.

at Attempting to influence voters.

SECTION 1636. It shall be unlawful for any person or prior to any election authorized by the laws of this Territory, to influence or attempt to influence any voter to vote for or against any candidate for office, or any question or person, or to refrain from voting at any such election, * by the offer of employment, or by any menace or threat to discharge from employment, or by any threat of violence to any such voter, Any person violating any of the provisions of this section shall upon conviction thereof, before any court of competent jurisdiction, be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, and by imprisonment in the county jail not less than three months, nor more than six months, at the discretion of the court trying the same.

Exemption of wages from execution, etc.

SECTION 1737. Every person who has a family and every widow, may hold the following property exempt from execution, attachment or sale, for any debt, damage, fine or amercement, to wit:

Sixth. The personal earnings of the debtor for sixty days next preceding his application for such exemption, when it is made to appear by the affidavit of the debtor, or otherwise, that such earnings are necessary to the support of such debtor, or his wife or his family: Provided, That such exemption shall not apply to debts incurred for manual labor, or for the necessaries of life furnished the debtor or his family.

Sixty days' earnings e xempt, when.

Proviso.

Bonding employees-Foreign guarantee companies. SECTION 2141. * * No corporation, company, firm or indi- Company must vidual, shall demand as a condition precedent to giving employ- Territory. have office in ment to any person or retaining such person in employment, that such employee shall procure the bond or guarantee of any foreign guarantee company, as an indemnity to such employer against loss by the act of such employee, unless such guarantee company shall have a designated agent at the county seat of some county in this Territory, where they do business, upon whom process can be served in suits against it, and it shall have otherwise fully complied with the law to warrant it in so doing such insurance or guaranteeing business in this Territory.

SEC. 2142. Any corporation, company, firm or individual doing business in this Territory, or who may hereafter so do business, who shall enter into any contract as to guaranteeing such employer against loss from the acts of employees with any foreign guarantee, company, firm or corporation, that is not entitled by a full compliance with the laws of this Territory to do such insurance or guaranteeing business in this Territory, or who shall charge a fee to its, their or his employees, or retain from the wages of any employee any fee or sum of money to pay for such guarantee so entered into with such guarantee association, corporation, company, firm or individual, who shall not have complied with the requirements of section two thousand one hundred and 43967-08-56

Penalty.

Medical a ttendance to be provided, when.

Action for recovery.

Map.

Copies to be kept, where.

Escape shafts.

Ventilation.

Overseer.

Duties.

forty-one, to warrant it or him to do such business in this Territory, shall be deemed guilty of a misdemeanor, and shall be subject to a fine not less than one thousand dollars nor more than ten thousand dollars, in the discretion of the jury trying the case, and it is hereby made the duty of all prosecuting officers to take notice of violations of this act and prosecute the same.

Medical attendance for employees in smelting works. SECTION 2337. Whenever any employee of any corporation, person or persons engaged in the management and operation of any smelting works in the Territory of New Mexico, shall become disabled and rendered unfitted for labor by reason of lead poisoning, which said lead poisoning shall be the result and consequence of said employee's performance and proper discharge of said employee's duties in and about said smelting works, said employee shall be provided with and receive all proper medical attendance, medicines and sustenance during such disability, at the expense of said corporation, person or persons so employing him.

SEC. 2338. If any such corporation, person or persons engaged in the management and operation of any smelting works in the Territory of New Mexico shall fail to provide such employee with all proper medical attendance, medicines and sustenance during such disability of said employee, then the reasonable expense of providing such employee with all proper medical attendance, medicines and sustenance during such disability of said employee may be recovered from such corporation, person or persons so engaged in the management and operation of smelting works as aforesaid, in an action at law by and in the name of any person or persons rendering or providing such employee with the said medical attendance, medicines and sustenance.

Coal mine regulations and inspection.

SECTION 2339. The owner or agent of every coal mine shall make or cause to be made an accurate map or plan of the workings of such coal mine or mines, on a scale of one hundred feet to the inch.

SEC. 2340. A true copy of which map or plan shall be kept at the office of the owner or owners of the mine open to the inspection of all persons, and one copy of such map or plan shall be kept at the mines by the agent or other persons in charge of the mines, open to the inspection of the workmen.

SEC. 2341. The owner or owners or agents of every coal mine shall provide at least two shafts, slopes or outlets, separated by natural strata of one hundred and fifty feet in breadth, by which shafts, slopes or outlets distinct means of ingress and egress are always available to the persons employed in the coal mine.

SEC. 2342. The owners or agents of every coal mine shall provide and establish for every such coal mine an adequate amount of ventilation of not less than fifty-five cubic feet per second, of pure air, or thirty-three hundred feet per minute for every fifty men working in such coal mine, and as much more as the circumstances require, which shall be circulated through the face of every working place throughout the entire mine, to dilute and render harmless, and expel therefrom, the noxious, poisonous gases, to such an extent that the entire mine shall be in a fit state for men to work therein and be free from danger to the health and lives of the men by reason of said noxious and poisonous gases, and all workings shall be kept clear of standing gas.

SEC. 2343. To secure such ventilation in every such coal mine, the owner or agent in charge shall employ a competent and practical inside overseer, who shall keep a careful watch over the ventilating apparatus, over the air ways, traveling ways, the pumps and tanks, the timbering, to see as the miners advance in their excavations that all loose coal, slate or rock overhead is carefully secured against falling, and to provide for the health