ery creating dust, where same is operated in an enclosed room or place. If a machine or any part thereof is in a dangerous condition, or is not properly guarded, the use thereof is prohibited and a notice to that effect shall be attached thereto. Such notice shall not be moved until the machine is made safe and the required safeguards provided.

Hoistways,

SEC. 2. All hoistways, hatchways, elevator wells and wheel holes, as well as fly wheels and stairways in factories, mills, work- etc. shops, storehouses, warerooms or stores, shall be securely fenced, enclosed or otherwise protected and due diligence shall be used to keep all such means of protection closed, except when it is necessary to have the same open, that the same may be used.

SEC. 3. Any person, corporation or association operating a factory, mill, or workshop where machinery is used, shall provide in each workroom thereof proper and sufficient means of ventilation.

SEC. 4. Any person, corporation or association who violates or omits to comply with any of the foregoing requirements or provisions of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty five nor more than one hundred dollars, or by imprisonment for not less than fifteen days nor more than ninety days.

Ventilation.

Violations.

Act to be

SEC. 5. A copy of this act, together with the name and address of the commissioner of labor printed in a legible manner, shall be posted. kept posted in each department of every factory, mill or workshop and in the office of every public and private work, upon the employer or his agent or superintendent being supplied with sufficient copies thereof by the commissioner of labor.

CHAPTER 44.-Hours of labor on public works.

SECTION 1. It is a part of the public policy of the State of Wash-Eight hours a ington that all work "by contract or day labor done" for it, or day's labor. any political subdivision created by its laws, shall be performed in work days of not more than eight hours each, except in cases of extraordinary emergency. No case of extraordinary emergency shall be construed to exist in any case where other labor can be found to take the place of labor which has already been employed for eight hours in any calendar day.

Provision in

SEC. 2. All contracts for work for the State of Washington, or any political subdivision created by its laws, shall provide that contracts. they may be canceled by the officers or agents authorized to contract for or supervise the execution of such work, in case such work is not performed in accordance with the policy of the State relating to such work.

SEC. 3. It is made the duty of all officers or agents authorized to contract for work to be done in behalf of the State of Washington, or any political subdivision created under its laws, to stipulate in all contracts as provided for in this act, and all such officers and agents, and all officers and agents entrusted with the supervision of work performed under such contracts, are authorized, and it is made their duty, to declare any contract canceled, the execution of which is not in accordance with the public policy of this State as herein declared.

CHAPTER 55.-Sunday labor—Barbering.

SECTION 1. It shall be unlawful for any person, persons or corporation to carry on the business of barbering on Sunday.

SEC. 2. Any person or persons violating the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of ten dollars or imprisonment in the county jail for five days for the first offense, and by a fine of not less than twenty-five dollars nor more than fifty dollars, or imprisonment in the county jail for not less than ten days nor more than twenty-five days for the second and each subsequent offense.

Enforcement.

Barbering forbidden.

l'enalty.

Duty of labor commissioner.

Board.

Proceedings.

Notice served by officer.

Statement of

facts.

CHAPTER 58.—Arbitration of labor disputes—Boards of arbitration.

SECTION 1. It shall be the duty of the State labor commissioner upon application of any employer or employee having differences, as soon as practicable, to visit the location of such differences and to make a careful inquiry into the cause thereof and to advise the respective parties, what, if anything, ought to be done or submitted to by both to adjust said dispute and should said parties then still fail to agree to a settlement through said commissioner, then said commissioner shall endeavor to have said parties consent in writing to submit their differences to a board of arbitration to be chosen from citizens of the State as follows, to wit: Said employer shall appoint one and said employees acting through a majority, one, and these two shall select a third, these three to constitute the board of arbitration and the findings of said board of arbitration to be final.

SEC. 2. The proceedings of said board of arbitration shall be held before the commissioner of labor who shall act as moderator or chairman, without the privilege of voting, and who shall keep a record of the proceedings, issue subpoenas and administer oaths to the members of said board, and any witness said board may deem necessary to summon.

SEC. 3. Any notice or process issued by the board herein created, shall be served by any sheriff, coroner or constable to whom the same may be directed, or in whose hands the same may be placed for service.

SEC. 5. Upon the failure of the labor commissioner, in any case, to secure the creation of a board of arbitration, it shall become his duty to request a sworn statement from each party to the dispute of the facts upon which their dispute and their reasons for not submitting the same to arbitration are based. Any sworn statement made to the labor commissioner under this provision Publication. shall be for public use and shall be given publicly [publicity] in such newspapers as desire to use it.

Maintenance. SEC. 6. There is hereby appropriated out of the State treasury from funds not otherwise appropriated the sum of three thousand dollars, or so much thereof as may be necessary, to carry out the provisions of this act. In case the funds herein provided are exexhausted and either party to a proposed arbitration shall tender the necessary expenses for conducting said arbitration, then it shall be the duty of the State labor commissioner to request the opposite party to arbitrate such differences in accordance with the provisions of this act.

Parties may tender penses.

Exemptions

CHAPTER 88.-Wages a preferred claim—In executions.

SECTION 1. From and after the passage of this act, no property not to defeat shall be exempt from execution for clerk's, laborer's, or me wage claims. chanic's wages earned within this State, * * *: Provided, That nothing herein shall be construed as repealing or in any wise affecting section 5412 of Ballinger's Annotated Code and Statutes of Washington, as amended by the law of 1901 relative to the exemptions in garnishment suits.

Ventilation,

- etc.

Wash rooms.

CHAPTER 135.-Regulation and inspection of bakeries.

SECTION 1. All buildings or rooms occupied as biscuit, bread or cake bakeries shall be drained or plumbed in a manner conducive to the proper healthful and sanitary condition thereof, and constructed with air shafts or windows or ventilating pipes sufficient to insure ventilation as the commissioner of labor shall direct, and no cellar or basement, not now used as a bakery, shall hereafter be used and occupied as a bakery and a cellar or basement heretofore occupied as a bakery shall, when once closed, not be reopened for use as a bakery.

SEC. 2. Every such bakery shall be provided with a proper

wash room and water closet, or closets, apart from the bake room or rooms where the manufacturing of such products is conducted; and no water-closet, earth closet, privy or ash pit shall be within or communicate directly with a bake shop.

SEC. 3. Every room used for the manufacture of flour or meal Construction food shall be at least eight feet in height, the side walls of such of rooms. room shall be plastered or wainscoted, the ceiling plastered or ceiled with lumber or metal, and if required by the commissioner of labor, shall be whitewashed at least once in three months; the furniture and utensils of such room shall be so arranged as

to be easily moved in order that the furniture and floor may at all times be kept in proper healthful sanitary condition.

Sleeping

SEC. 5. The sleeping places for persons employed in a bakery shall be kept separate form [from] the room or rooms where flour places. or meal food products are manufactured or stored.

SEC. 6. After an inspection of a bakery has been made by the Inspection. commissioner of labor and it is found to conform to the provisions of this act, said commissioner shall issue a certificate to the owner or operator of such bakery, that it is conducted in compliance with all the provisions of this act, but where orders are issued by said commissioner to improve the condition of a bakery, no such certificate shall be issued until such order and the provisions of this act have been complied with.

SEC. 7. The owner, agent or lessee of any property affected by the provisions of this act, shall, within thirty days after the service of notice upon him, of an order issued by the commissioner of labor requiring any alterations to be made in or upon such premises, comply therewith, or cease to use or allow the use of such premises as a bake shop; such notice shall be in writing and may be served upon such owner, agent, or lessee, either personally or by mail, and a notice by registered letter, postage prepaid, mailed to the last known address of such owner, agent, or lessee shall be deemed sufficient for the purposes of this act.

SEC. 8. No employer shall require, permit or suffer any person to work in his bake shop who is affected with tuberculosis, or with scrofulous diseases, or with any venereal disease, or with any communicable skin affection or contagious disease and no person so affected shall work or remain in a bake shop. Every employer is hereby required to maintain himself and his employees in a clean and sanitary condition while engaged in the manufacture, handling or sale of such food products.

SEC. 9. No employer shall require, permit or suffer any person under sixteen years of age to work in his bake shop between the hours of eight o'clock in the evening and five o'clock in the morning.

SEC. 10. Any person who violates the provisions of this act or refuses to comply with the requirements of the commissioner of labor, as provided herein, shall be guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall be fined not less than twenty-five nor more than fifty dollars or imprisoned not more than ten days for the first offense; and shall be fined not less than fifty nor more than one hundred dollars and imprisoned not less than ten nor more than thirty days for each offense after the first.

CHAPTER 136. Employment of children-Age limit:

Alterations.

Notice.

Contagious

diseases.

Night work of children.

Violations.

Eighteen

Fourteen

SECTION 1. No female person under eighteen years of age shall be employed as public messenger by any person, telegraph com- years. pany, telephone company, or messenger company in this State, nor shall any child of either sex under the age of fourteen years be hired out to labor in any factory, mill, workshop or store at any years. time: Provided, That any superior court judge, living within the residence district of any such child, may issue a permit for the Permits for employment of any child between the ages of twelve and fourteen employment. years at any occupation, not in his judgment, dangerous or injuri ous to the health or morals of such child, upon evidence, satisfac

Violations.

Four hours to be allowed.

tory to him, that the labor of such child is necessary for its sup port or for the assistance of any invalid parent. Such permits shall be issued for a definite time but shall be revocable at the discretion of the judge by whom they are issued.

SEC. 2. Any employer, overseer, superintendent, or agent of such employer, who shall violate any of the provisions of this act shall, upon conviction thereof, be fined for each offense not less than $50 nor more than $100, or be imprisoned in the county jail not exceeding one month.

WEST VIRGINIA.

CODE-EDITION OF 1899.

CHAPTER 3.-Time to vote to be allowed employees.

SECTION 52. Every person entitled to vote at any general natonal, State or county election, who may be employed by another on the day on which such election shall be held in this State, shall be given some period of four hours, or more if necessary, between the opening and the closing of the polls, on said day, for the purpose of enabling such person to repair to his place of voting to cast his vote and return; and any circuit court, or the judge thereof in vacation, may enforce the provisions of this section by mandate, or otherwise, upon the application of any voter. Every officer of any corporation, owner, superintendent, overseer, foreman or other person, who employs or permits to be employed any person against his will, in violation of this section, shall be guilty of a misdemeanor, and fined not less than fifty, nor more than five hundred dollars.

CHAPTER 5.-Protection of employees as voters.

SECTION 7. Attempting to * *; and any corporation which shall, by its influence vote. officers, agents or otherwise, prevent or attempt to prevent any voter in its employ from attending any election, or from freely exercising his right of suffrage at any election at which he is entitled to vote, by any threat direct or indirect, express or implied, to discharge, or deprive such voter from his employment, or shall discharge or deprive such voter from its employment because of any vote he may cast, or refuse to cast, at any election at which he is entitled to vote. it shall be guilty of a misdemeanor, and shall upon conviction be fined not less than five thousand dollars nor more than twenty thousand dollars for every such offense, at the discretion of the jury.

CHAPTER 41.-Exemption of wages-Unlawful assignment of

claims.

Assigning SECTION 29a. I. It shall be unlawful for any person to insticlaims for col- tute, or permit to be instituted, proceedings in his own name, or lection outside in the name of any other person, or to assign or transfer, either of State. for or without value, any claim for debt, or liability of any kind, held by him against a resident of this State, for the purpose of having payment of the same, or any part thereof, enforced out of the wages that may be exempted by * ** the Code of West Virginia by proceedings in attachment or garnishment, in courts, or before justices of the peace, in any other State than in the State of West Virginia; or to send out of this State by assignment, transfer, or in any other manner whatsoever, either for or without value, any claim or debt against any resident thereof, for the purpose or with the intent of depriving such person of the right to have his wages exempt from distress levy, or garnishment, according to the provisions * ** of the Code of West Vir ginia. And the person instituting such suit, or permitting such suit to be instituted or sending, or assigning, or transferring any

such claim or debt for the purpose, or with the intent aforesaid, shall be liable in an action of debt to the person from whom payment of the same or any part thereof shall have been enforced by attachment or garnishment, or otherwise, elsewhere than in the State of West Virginia, for the full amount, payment whereof shall have been so enforced, together with interest thereon, and the cost of the attachment or garnishee proceedings, as well as the costs of said action to recover the same.

CHAPTER 66.—Earnings of married women.

erty.

SECTION 12. The earnings of a married woman, or any and all Earnings property, real and personal, purchased by her with the proceeds separate propof such earnings, shall in all cases be her sole and separate property, and shall not be subject to the control or disposal of her husband nor liable for his debts. And the separate personal property of every married woman shall be liable to the payment of her debts contracted during the coverture, as well after the coverture is terminated as during its continuance.

CHAPTER 103.-Right of action for injuries causing death.

When right

SECTION 5. Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect or default is accrues. such as would (if death had not ensued) have entitled the party injured to maintain an action to recover damages in respect thereof; then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to murder in the first or second degree, or manslaughter.

Contributory negligence is matter of defense only, and freedom from such negligence need not be alleged by the plaintiff, but must be proved, if at all, by the defendant. 35 W. Va. 389.

A yardmaster in lawful command and control of a train is a conductor within the rule making the conductor not a fellow-servant with a brakeman, so that an injury caused by the conductor's negligence without fault on the part of the brakeman charges the company with liability therefor. 36 W. Va. 397.

Who may

SEC. 6. Every such action shall be brought by and in the name of the personal representative of such deceased person; and the sue. amount recovered in every such action shall be distributed to the parties and in the proportion provided by law in relation to the distribution of personal estate left by persons dying intestate. In every such action the jury may give such damages as they shall Damages. deem fair and just, not exceeding ten thousand dollars, and the amount so recovered shall not be subject to any debts or liabilities of the deceased: Provided, That every such action shall be commenced within two years after the death of such deceased person. Suing out the writ of summons is the commencement of the action. 42 W. Va. 813.

CHAPTER 144.-Negligence of employees on public conveyances.

Limitation.

Negligence

SECTION 17. If any driver, conductor or captain of any vehicle or boat, for public conveyance, or any person in charge of such causing injury. vehicle or boat shall, in the management of such vehicle or boat, willfully or negligently inflict bodily injury on any person, he shall be punished as for a misdemeanor.

CHAPTER 145.-Intoxication of railroad employees.

etc.

SECTION 30. If any person while in charge of a locomotive en- Intoxication gine, running upon the railroad of any corporation, or while act- of engineer, ing as the conductor or brakeman of any car or train of cars, on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not exceeding five hundred dollars.