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Intoxication SEC. 9061. Every person who, while in charge as engineer, of a of railroad em- locomotive engine, or while acting as conductor or driver upon a ployees.

railroad train or car, whether propelled by steam or drawn by

horses, is intoxicated, is guilty of a misdemeanor. Violations of Sec. 9062. Every engineer, conductor, brakeman, switch tender duty.

or other officer, agent or servant, of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor.

Intoxication of employees-Actions for injuries. Liability of SECTION 9376. Every

* employer or other person who sellers or in

- shall be injured in person or property toxicants.

* by any intoxicated person, or in consequence of intoxication, habitual or otherwise, of any person, such

employer shall have a right of action, in his or her own name, against any person who shall by selling, bartering or giving away intoxicating liquors, have caused the intoxication of such person, for all damages actually sustained as well as for exemplary damages;

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Intimidation of employers and employees. Intimidating SECTION 9434. Every person who, by any use of force, threats employees ;

or intimidation, prevents or endeavors to prevent any hired foreinan, journeyman, apprentice, workman, laborer, servant or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or to induce such hired person to relinquish his work or employment, or to return any work he has in hand before it is finished, is guilty of a

misdemeanor. Employers ; SEC. 9435. Every person who, by any use of force, threats or

intimidation, prevents or endeavors to prevent another from em-
ploying any person, or to compel another to employ any person, or
to force or induce another to alter his mode of carrying on busi-
ness, or to limit or increase the number of his hired foremen, jour-
neymen, apprentices, workmen, laborers, servants or other persons
employed by him, or their rate of wages or time of service, is

guilty of a misdemeanor.
labor- SEC. 9436. In all cases when two or more persons

shall enter upon or into any lode, gulch, placer claim or quartz
mill or other mining property, or, not being upon such property
but within hearing of the same, shall make any threats or make
use of any language, sign or gesture calculated to intimidate any
person or persons at work on said property from continuing work
thereon or therein, or to intimidate others from engaging to work

thereon or therein, every such person so offending shall, upon conPenalty. viction, be punished by imprisonment in the county jail not ex

ceeding six months and not less than thirty days, and by fine not exceeding two hundred and fifty dollars, such fine to be discharged either by payment or by confinement in such jail until such fine is discharged at the rate of two dollars and fifty cents per day. On trials under this section, proof of a common purpose of two or more persons

to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified, by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.

Mine ers.

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Employment of women and children-Hours of labor.

Limit of ten SECTION 9440. Every owner, stockholder, overseer, employer, hours.

clerk or foreman, of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding one hundred and not less than ten dollars.

ACTS OF 1907.

CHAPTER 203.-Liability of railroad companies for injuries to

employees.

SECTION 1. Every common carrier shall be liable to any of its Acts of em employees, or in case of the death of an employee, to his personal ployees. representative, for the benefit of his widow, children or next of kin, for all damages which may result from the negligence of any of its officers, agents or employees, or by reason of any defect or

Defects, insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways or works.

SEC. 2. In all actions hereinafter brought against any common Comparative carrier to recover damages for personal injuries to an employee, negligence. or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, where his contributory negligence was slight and that of the employer was gross in comparison, but the da mages 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.

Sec. 3. No contract of employment, insurance, relief benefit or indemnity for injury or death entered into by or on behalf of any a bar. employee, nor the acceptance of any such insurance, relief benefit or indemnity by the person entitled thereto shall constitute a 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 said action against any common carrier, the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit or indemnity that may have been made to the injured employee, or in case of his death, to his personal representative.

SEC. 4. No action shall be maintained under this act unless com- Limitation. menced within one year from the time the cause of action accrued.

Contracts noc

CHAPTER 205.-Accidents on railroads.

SECTION 1. It shall be the duty of every railroad company Accid:ats to operating a line of railway in this State to report to the railroad be reported. commissioners of this State all accidents, wrecks or casualties occurring in the operation of trains on said line or lines of railway within this State, coming within the knowledge of the company, wherein any person is either killed or injured, within reasonable time, not exceeding sixty days, in such form as the railroad commissioners may require.

SEC. 2. Whenever any such report is made to such railroad com- Inquiry. missioners they shall forthwith examine into the causes and circumstances of such wreck, accident or casualty, and it shall thereupon be the duty of said railroad commissioners to order such railroad company to comply with any reasonable requirements prescribed by said railroad commissioners, calculated to prevent the recurrence of any such wreck, accident or casualty, and it shall be the duty of said railroad commissioners to report to the legislature biennially a summarized statement of all wrecks, accidents or casualties that have come to their knowledge by reason of this act, together with a recommendation of such additional legislation as they deem proper for the greater protection of passengers and employees of such railroads.

Sec. 3. Every person who shall violate any of the provisions of Violations. this act shall be guilty of a misdemeanor and shall be punished

by a fine of not less than five hundred dollars, nor more than two thousand dollars, or imprisonment in the county jail for not less than thirty days, nor more than one year, or shall suffer such fine and imprisonment in the discretion of the court.

CHAPTER 207.-Hours of labor of employees on railroads.

Limit of six- SECTION 1. It shall be unlawful for any railroad, railroad corteen hours.

poration or common carrier, engaged in commerce in whole or in part within this State, or any of its officers or agents, to require or permit any employees engaged in or connected with the movement of any train in which commerce is hauled within the State, or to require or permit any employee engaged in or connected with the movement of any train carrying freight or passengers within the State, to remain on duty more than sixteen consecutive hours, except when by casualty, storms, wrecks, washouts, snow blockades or any unavoidable delay arising from like causes he is prevented from reaching his terminal; or to require or permit any such employee who has been on duty sixteen consecutive hours to go on any duty without having at least eight hours'

rest. Violation. SEC. 2. Any such railroad, railroad corporation, common carrier,

or any of its officers or agents, violating any of the provisions of this act shall be deemed guilty of (a) misdemeanor and shall, upon conviction thereof in any district court of the State of competent jurisdiction, be subject to a fine of not less than one hundred dollars nor more than one thousand dollars for each offense; and it shall be the duty of the railroad commissioners to fully investigate all cases of any violation of this act and said railroad commissioners shall forthwith notify the attorney-general of such violation thereof as may come to their knowledge, and it shall be the duty of the attorney-general to prosecute or cause to be prose cuted all violations thereof.

OHIO. .

BATES' ANNOTATED STATUTES-THIRD EDITION.

PART 1.--POLITICAL.

Incorporation of societies of mechanics, etc.-Fees.

Fees.

SECTION 148a. The secretary of state shall hereafter charge and collect the following fees for official services:

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5. For filing the articles of incorporation

of societies or associations composed exclusively of any class of mechanics, express, telegraph, railroad or other employees, formed for the mutual protection and relief of the members thereof and their families exclusively, two dollars.

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Mine regulations and inspection.

Inspectors. SECTION 290. For the purpose of facilitating an efficient and

thorough inspection of mines in Ohio, and to provide an adequate inspecting force therefor; the governor shall appoint, by and with the consent of the senate, one chief inspector, who, with the approval of the governor, shall appoint five district inspectors of mines; the chief inspector shall hold his office for the term of four years, and the district inspectors shall hold their office for the

term of three years, from the date of their appointment, and until Cualifica- their successors are appointed and qualified ;

No person shall be appointed chief inspector of mines unless he is possessed of a competent knowledge of chemistry, the geology of Ohio, and mineralogy, in so far as those sciences relate to mining,

tions.

and has a practical knowledge of mining engineering, and the different systems of working and ventilating mines, and the nature and properties of the noxious and poisonous gases of mines, particularly fire damp, and of the best means of preventing and removing the same; and no person shall be appointed district inspector of mines unless he be a practical miner of at least five years' experience, and a resident of the district for which he is appointed, for at least two years, and is possessed of a practical knowledge of the best mode of working and ventilating mines, of the means of detecting the presence of bad or foul air, noxious and poisonous gases, and of the best means of preventing and removing the same.

SEC. 290a. Authority is hereby given to appoint two additional Additional district inspectors of mines; and they shall be appointed in the inspectors. same manner and possess the same qualifications and receive the same compensation as the five district inspectors of mines authorized by sec. 290. The term of office of the two district inspectors of mines herein provided for shall be three years and they shall be subject to the regulations and requirements of the district inspectors authorized in said sec. 290 * * *. The chief inspector of mines shall assign said additional inspectors for service in districts to be designated by him and he is authorized to divide the State in [into] seven districts in each of which one of the district inspectors of mines shall reside. SEC. 291.

the chief inspector and district inspectors Bonds. shall give bond to the State, the former in the sum of five thousand dollars, and the latter in the sum of two thousand dollars each,

the inspectors, while in office, shall not act as Acting as agent, manager, or mining engineer for any operator, or in any agent, etc. way be interested in operating any mine.

SEC. 292. The chief inspector and district inspectors shall give Duties. their whole time and attention to the duties of their offices, respectively; it shall be the duty of the district inspectors to examine all the mines in their respective districts as often as possible, to see that all the provisions and requirements of this chapter are strictly observed and carried out; they shall particularly examine the works and machinery belonging to any mine, examine into the state and condition of the mines as to ventilation, circulation and condition of air, drainage and general security; they shall make a record of all examinations of mines in their respective districts, showing the date when made, the condition in which the mines are found, the extent to which the laws relating to mines and mining are observed or violated, the progress made in the improvement and security of life and health sought to be secured by the provisions of this chapter, number of accidents, injuries received, or deaths in or about the mines, the number of mines in their respective districts, the number of persons employed in or about each mine, together with all such other facts and information of public interest concerning the condition of mines, development and progress of mining in their respective districts as they may think useful and proper, which record shall, on or before the first Monday of every month, be filed in the office of the chief inspector, to be by him recorded, and so much thereof as may be of public interest, to be included in his annual report; in case of any controversy or disagreement between a district inspector and the owner and [or] operator of any mine, or the persons working therein, or in case of conditions of emergencies requiring counsel, the district inspector may call on the chief inspector for such assistance and counsel as may be necessary; should the district inspector find any of the provisions of this chapter violated, or not complied with, by any owner, lessee, or agent in charge of any mine, he shall immediately notify such owner, lessee, or agent in charge, of such neglect or violation, and unless the same is, within a reasonable time, rectified, and the provisions of this chapter fully complied with, he shall institute a prosecution under the provisions of section six thousand eight hundred and seventy-one (6871) of

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the Revised Statutes. The inspectors shall exercise a sound discretion in the enforcement of the provisions of this act, and if in any respect (which is not provided against by, or may result from a rigid enforcement of(,) any express provisions of this chapter), the inspector find any matter, thing or practice in or connected with any such mine, to be dangerous or defective, so as in his opinion to threaten or tend to the bodily injury of any person, the inspector may give notice in writing thereof to the owner, agent or manager of the mine, and shall state in such notice the particulars in which he considers such mine, or any part thereof, or any matter, thing of [or] practice to be dangerous or defective, and require the same to be remedied. For the purpose of making the inspection and examinations provided for in this section, the chief inspector and the district inspectors shall have the right to enter any mine at all reasonable times, by night or by day, but in such manner as shall not unnecessarily obstruct the working of the mine; and the owner or agent of such mine is hereby required to furnish the means necessary for such entry and inspection; the inspection and examination herein provided for shall extend to

fire clay, iron ore, and other mines, as well as coal mines. Duties of SEC. 293. The chief inspector

shall make such perchlef inspector. sonal inspection of the mines as he may deem necessary and his

other duties will permit; he shall keep in his office and carefully preserve all maps, surveys and other reports and papers required by law to be filed with him, and so arrange and preserve the same as shall make them a permanent record of ready, convenient and connected reference; he shall compile and consolidate the reports of district inspectors, and annually make report to the governor of all his proceedings, as well as those of the district inspectors, the condition and operation of the different mines of the State, and the number of mines and the number of persons employed in

or about such mines, the amount of coal, iron ore, limestone, fire Operators to clay, or other mineral mined in this State; and for the purpose report.

of enabling him to make such report, the owner, lessee, or agent in charge of such mine, who is engaged in mining, and the owner, lessee or agent of any firm, company or corporation in charge of any fire clay, or iron ore mined [mine] or any limestone, or quarry, or who is engaged in mining or producing any mineral whatsoever in this State, shall, on or before the 31st day of January in every year, send to the office of the chief inspector of mines, upon blanks furnished by him, a correct return specifying with respect to the year ending on the preceding 31st day of December, the quantity of coal, iron ore, fire clay, limestone, or other mineral product in such mine, or quarry, and the number of persons ordinarily employed in or about such mine, or quarry, below and above ground, distinguishing the persons and labor below ground and above ground. Every owner, lessee or agent of a mine or a quarry who fails to comply with this section, or makes any return which to his knowledge is false in any particular, shall be deemed guilty of an offense against this section, and shall be fined one

hundred dollars, to be recovered at the suit of the chief inspector Accidents, in the name of the State of Ohio; * * he shall enumerate etc.

all accidents, and the manner in which they occurred, in or about the mines, and give all such other information as he thinks useful and proper, and make such suggestions as he deems important relative to mines and mining, and any other legislation that may be necessary on the subject for the better preservation of the life

and health of those engaged in such industry. Coal to be SEC. 295a. It shall be unlawful for any mine owner, lessee or weighed before screening.

operator of coal mines in this State, employing miners at bushel or ton rates, or other quantity, to pass the output of coal mined by said miners over any screen or other device which shall take any part from the value thereof, before the same shall have been weighed and duly credited to the employee sending the same to the surface, and accounted for at the legal rate of weights as fixed by laws of Ohio.

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