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an examination by and before said building inspector, or, if none, the city engineer, as to his age and knowledge of the mechanical construction and principal parts of passenger elevators, and as to his practical experience in operating the same, and his ability and competency to properly operate such passenger elevator and machinery, and shall make an application to said building inspector, or, if none, the city engineer for a license to operate passengers [sic] elevators. Such examination shall be held within ten days after such application, or at such other time as may be fixed by the building inspector, or if none, the city engineer : Provided, That nothing herein contained shall prevent any person who has made such application from running or operating any passenger
elevator until such examination is held as so required. Certificate. If such building inspector, or, if none, city engineer shall, upon
due and thorough examination, find that such applicant for license as aforesaid is possessed of suflicient knowledge, skill and ability to properly operate and run passenger elevators with safety to passengers therein, said building inspector, or, if none, city engineer shall issue to such applicant a license certificate stating that upon due and thorough examination they find that the licensee therein named is possessed of sufficient knowledge, skill and ability, and is competent to properly operate and run passenger elevators with safety to passengers therein, and duly licensing such applicant to operate and run passenger elevators in cities of this
State having a population of over fifty thousand. of li. All licenses issued under this act shall expire one year after
the date of issuing the same. Said building inspector, or, if none, city engineer, shall not issue such license to any person not possessing the qualifications, knowledge, skill and ability to properly
operate passenger elevators hereinbefore specified; every person License to be licensed to operate passenger elevators shall keep his license conposted.
spicuously posted in the carriage of the elevator which he operates : Provided, That before any license is issued the applicant shall pay to the authority issuing the same a fee of twenty-five cents, which shall be used only for the payment of incidental and necessary
expenses. Employing SEC. 3. No owner, agent, occupant or other person having unlicensed op- charge of any building in any city of this State, having a popula
tion of over fifty thousand shall procure, employ or permit, or cause to be procured, enployed or permitted, any person not duly licensed as herein provided to operate or run any passenger elevator or elevators in any such buildings of which such owner,
agent, occupant or other person having (has] charge or control. Penalty.
SEC. 4. Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine not to exceed one hundred dollars, or upon default in the payment of such fine, by imprisonment not to exceed ninety days.
CHAPTER 310,--Hours of labor on public works. Eight hours a day's work.
SECTION 1. The service of all laborers, workmen and mechanics employed upon any public works of, or work done for the State of Minnesota, whether said work is done by contract or otherwise, shall be, and is hereby limited, and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the State, or any person acting for or on behalf thereof, or any contractor or subcontractor for any part of any public works of, or work done for such State, or any persons, corporation, or association whose duty it shall be to employ or to direct and control the services of such laborers, workmen or mechanics, or who has in fact the direction or control of the services of such laborers, workmen or mechanics to require or permit them or any of them to labor more than eight hours in any one calendar day and except in cases of extraordinary emergency caused by fire, flood or danger to life and property, and except to work upon public, military or naval works or defenses in time of war, except in cases of employment of labor in agricultural pursuits: Provided, That nothing Exception. herein contained shall be construed to apply to the employment of labor on work now in progress, whether contracted for or not.
SEC. 2. Each and every contract to which the State of Minne- Contracts to sota is hereinafter a party, and every contract made for, or on stipulate. behalf of the said State, which contract may involve the employment of laborers, workmen or mechanics, shall contain a stipulation that no laborer, workman or mechanics in the employ of the contractor or any subcontractor doing or contracting to do any part of the work contemplated by the contract, shall be required or permitted to work more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property, and except to work upon public, military or naval work, or defenses in time of war, and except in cases of employment of labor in agricultural pursuits, and each and every such contract shall stipulate a penalty for such violation of the stipulation directed by this act, of ten (10) dollars for each laborer, workman or mechanic, for each and every calendar day in which he shall labor more than eight hours, and the inspector or officer, or person whose duty it shall be to see that the provisions of any such contract are complied with, shall report to the proper officer of such State, all violations of the stipulation in this act, provided for in each and every such contract, and the amount of the penalites [ penalties] stipulated in any such contract shall be withheld by the officer or person whose duty it shall be to pay the moneys due under such contract, whether the violations for which such penalties were imposed by contractor, his agents or employees, or any subcontractor, his agents or employees, no person, on behalf of the State of Minnesota shall rebate or permit (remit] any penalty imposed under any stipulation herein provided for, unless upon a finding which he shall make up and certify that such penalty was imposed by reason of an error of fact. Nothing in this act shall be construed to authorize the collection of said penalty from the State. This act shall not apply contract to any contract work done for any town or county in this State. work.
SEC. 3. Any officer of the State of Minnesota, or any person act- Penalty. ing for, or on behalf thereof, who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and be subject to a fine or imprisonment, or both, at the discretion of the court, the fine not to exceed five hundred dollars ($500), nor the imprisonment more than one year. Nothing in this act shall be construed to apply to work or labor in constructing or repairing roads or highways.
ACTS OF 1903.
CHAPTER 69.—Hours of labor of locomotive engineers and firemen.
SECTION 1. On all lines of steam railroads or railways operated Nine hours in whole or in part within this State the time of labor of locomo- rest to be al
lowed, when. tive engineers or locomotive firemen employed in running or operating the locomotive engines on or over such railroads or railways shall not at any time exceed fourteen (14) consecutive hours without an opportunity be given them for rest. At least nine (9) hours, or as many hours less than nine (9) as is asked for by said engineers or firemen, shall be allowed them for rest before said engineers or firemen are again ordered or required to go on duty: Provided, houerer, That nothing in this section shall Proviso. be construed to allow any engineer or fireman to desert his locomotive in case of accident, storms, wrecks, washouts, snow blockades or any unavoidable delay arising from like causes, or as prohibiting said engineers or firemen from working longer if they do not object.
SEC. 2. Any railroad company or superintendent, chief dis- Violation. patcher, train master, master mechanic or other railroad or railway official who shall order or require any locomotiye engineer or
H. Doc. 733, 58-2
locomotive fireman to labor contrary to the provisions of section one (1) of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than twenty-five (25) dollars or more than one hundred (100) dollars. or by imprisonment for not less than thirty (30) days or more than sixty (60) days; and all railroad or railway corporations operating lines of railways or railroads, in whole or in part in this State, shall be liable for all injuries to said engineers or firemen resulting from their being required to labor contrary to the provisions of section one (1) of this act.
CHAPTER 393.-Employment of labor-Blacklisting-Participation
Preventing SECTION 1. It shall be unlawful for any individual or corporaemployment. tion or member of any firm, or any agent, officer or employee of
any company or corporation to contrive or conspire to prevent any person from obtaining or holding employment, or to discharge, or to procure or attempt to procure a discharge of any person from any employment by reason of such person having engaged in any strike.
SEC. 2. It shall be unlawful for any individual or corporation, as to strikes. whether acting for himself directly or through another person,
agent or agency, or whether acting as agent or employee of another person or persons, or as a member of any firm, or as an officer, agent or employee of any company or corporation, to require from any person, as a condition to any contract of employment, any written statement as to his participation in any strike, or any written statement as to his personal record, except as to conviction for crime or misdemeanor, for a period of more than one year immediately preceding the date of making application for such employment, and the use or requirement by any such individual or corporation acting in any of the capacities aforesaid of blanks or forms of application for employment in
contravention of the provisions of this act are hereby forbidden. Penalty. SEC. 3. Any violations of any of the provisions of this act shall
be deemed a misdemeanor and shall be punishable by a fine not exceeding $100, or by imprisonment in the county jail for a period not exceeding three months.
CHAPTER 397.—Protection of employees on buildings-Elevator
SECTION 1. If any contractor, person, firm, or corporation use or causes to be used any elevating machines or hoisting apparatus in the construction or building of any building or other structure for the purpose of lifting or elevating materials to be used in such construction, such contractor, person, firm or corporation engaged in construction [of] such building shall cause the shafts or openings in each floor to be enclosed or fenced in on all sides by a barrier of suitable material at least four feet high : Providing, however, That this bill shall not apply in any way to mining operations.
SEC 2. Any contractor, person, firm or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and shall be fined not less than twenty-five dollars nor more than one hundred dollars.
ARTICLE 7.-Protection of employees as voters, etc. Laws to be SECTION 191. The legislature shall provide for the protection of passed.
the employees of all corporations doing business in this State from interference with their social, civil, or political rights by said corporations, their agents or employees.
ARTICLE 7.-Liability of railroad companies for injuries to
SECTION 193. Every employee of any railroad corporation shall Negligence of have the same right and remedies for any injuries suffered by superiors ; him from the act or omission of said corporation or its employees, as are allowed by law to other persons not employees, where the injury results from the negligence of a superior agent or officer, or of a person having the right to control or direct the services of the party injured, and also when the injury results from the neg- Of fellow-serligence of a fellow-servant engaged in another department of vants. labor from that of the party injured, or of a fellow-servant on another train of cars, or one engaged about a different piece of work. Knowledge by any employee injured, of the defective or unsafe character or condition of any machinery, ways, or appliances, shall be no defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars, or engines voluntarily operated by them. Where Death. death ensues from any injury to employees, the legal or personal representatives of the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any contract or agreement, express or implied, Contracts made by any employee to waive the benefit of this section shall waiving bene.
fits. be.null and void; and this section shall not be construed to deprive any employee of a corporation or his legal or personal representative, of any right or remedy that he now has by the law of the land. The legislature may extend the remedies herein provided for to any other class of employees.
A railroad company is liable for the death of a locomotive fireman occasioned by the negligence of a telegraph operator. Action for injuries resulting in death must be brought by the executor or administrator of the decedent. 70 Miss. 471.
A brakeman on a train acting on the signal of the engineer to apply brakes, and injured by the engineer's negligence can not hold the company liable. While thus engaged in routine duties the engineer is not the superior of the brakeman within the meaning of this section. 70 Miss. 527.
A brakeman hurt while uncoupling a car without the use of a stick, in violation of a rule of the company, though acting in obedience to the order of his superior, the conductor, can not maintain an action under this section. 15 So. Rep. 133.
This section abolishes the defense of contributory negligence unless it be willful or reckless. 70 Miss. 20.
The provision that knowledge of defects shall not be a defense does pot preclude such knowledge as a fact controlling the degree of care to be exercised by the employee under the circumstances from being admissible to show contributory negligence. 18 So. Rep. 449.
This section is self-executing. Rights accruing thereunder are enforceable outside the State. 75 Fed. Rep. 873.
REVISED CODE OF 1892.
SECTION 663 (as amended by chapter 65, Acts of 1898). 1. When
Death caused ever the death of any person shall be caused by any real, wrong- by negligence, ful or negligent act, or omission, or by such unsafe machinery, etc. way or appliances, as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children, or both, or husband, or father, or mother or sister, or brother, the person or corporation, or both, that would have been liable if death had not ensued, and the representative of such person shall be liable for damages, notwithstanding the death, and the fact that death is instantaneous, shall, in no case, affect the right of recovery. The action for such damages may be brought in the name of the widow for the death of the husband, or by the husband for the death of the wife, or by a parent for the death of a child, or in the name of a child for the death of a parent, or by a brother for the death of a sister, or by a sister for the death of a brother, or by a sister for the death of a sister, or a brother for the death of a brother, or all parties
interested may join in the suit, and there shall be but one suit for Damages.
the same death, which suit shall inure for the benefit of all parties concerned, but the determination of such suit shall not bar another action unless it be decided on its merits. In such action the party or parties suing shall recover. such damages as the jury may sassess), taking into consideration all damages of every kind
to the decedent and all damages of every kind to any and all parLimitation. ties interested in the suit. Executors or administrators shall not
sue for damages for injury causing death except as below provided; but every such action shall be commenced within one year
after the death of such deceased person. Application of 2. This act shall apply to all personal injuries of servants or law.
employees received in the service or business of the master or em
ployer, where such injuries result in death. Exemption 3. Damages recovered under the provisions of this act shall and distribution
not be subject to the payment of the debts or liabilities of the deof damages.
ceased, and such damages shall be distributed as follows: Damages for the injury and death of a married man shall be equally distributed to his wife and children, and if he has no children all shall go to his wife; damages for the injury and death of a married woman shall be equally distributed to the husband and children, and if she has no children all shall go to the husband; if the deceased has no husband nor wife, the damages shall be distributed equally to the children ; if the deceased has no husband, nor wife, nor children, the damages shall be distributed equally to the father, mother, brothers and sisters, or to such of them as the deceased may have living at his or her death. If the deceased have neither husband, or wife, or children, or father, or mother, or sister, or brother, then the damages shall go to the legal representatives, subject to debts and general distribution, and the executor may sue for and recover such damages on the same terms as are prescribed for recovery by the next of kin in section 1 of this act, and the fact that deceased was instantly killed shall not affect the right of the legal representative to recover.
An injury resulting in the death of a railroad employee occurred in another State, having a statute substantially corresponding to the above. Held, That the remedy could be enforced in the courts of Mississippi. 60 Miss. 977.
When a suit is brought by the widow for the death of her husband, her agreement or compromise is binding upon the children as well. 67 Miss. 672.
Independently of the statute a mother could recover, where the death of her minor son was occasioned by the negligence of his employer, for the value of the time between the injury and the death. 63 Miss. 38.
CHAPTER 29.—Employment of children-Enticing. Enticing child SECTION 1003. Any person who shall persuade, entice, or decoy dren.
away from its father or mother, with whom it resides, any child under the age of twenty-one years if a male, or eighteen if a female, being unmarried, for the purpose of employing such child without the consent of its parents, or one of them, shall, upon conviction, be punished by a fine of not more than twenty dollars, or imprisonment in the county jail not more than thirty days, or both.
CHAPTER 29.—Conspiracy against workingmen.
Interference SECTION 1006. If two or more persons conspire eitherwith employ. ment.
5. To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use or employment thereof;
Such persons, and each of them, shall be guilty of a mistiemeanor', and, on conviction, shall be fined not less than twenty-five dollars, or shall be imprisoned not less than one month por more than six months, or both.