LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE JANUARY 1, 1896. [The Second Special Report of the Department contains all laws of the various States and Territories and of the United States relating to labor in force January 1, 1896. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.] ARKANSAS. ACTS OF 1901. ACT 114.-Weighing coal at mines. SECTION 1. Section 2 of said act entitled, An Act to prevent fraud in weighing and measuring coal and requiring the same to be weighed or measured before screening and for other purposes, approved April 10th, 1899, [shall] be amended so that said section 2 shall read as follows: All coal mined and paid for by weight, shall be weighed before it is screened, unless the person or persons mining same shall by contract agree otherwise, and shall be paid for according to the weight so ascertained, at such prices per ton or bushel as may be agreed upon by such owner or operator and the miners who mined the same: Provided, That nothing in this act shall be so construed as to prevent such owner or operator from having the right to deduct the weight of any sulphur, slate, rock or other impurities contained in the car and not discovered until after the car has been weighed. SEC. 2. All laws and parts of laws in conflict with this act, are hereby repealed and this act shall take effect from and after its passage. Approved April 19, 1901. ACT 161.-Payment of wages-Issue of scrip-Company stores. SECTION 1. It shall be unlawful for any corporation, company, firm, or person, engaged in any trade, or business in this State, either directly or indirectly to issue, sell, give or deliver to any person employed by such corporation, company, firm or person, in payment of wages due such laborer, earned by him, any scrip, token, draft, check or other evidence of indebtedness, payable or redeemable, otherwise than in lawful money, at the regular pay day of such corporation, company, firm or person; and if any such scrip, token, draft, check or other evidence of indebtedness, be so issued, sold, given or delivered to such laborer, it shall be construed, taken and held in all courts and places to be a promise to pay the sum specified therein, in lawful money, by the corporation, company, firm or person, issuing, selling, giving or delivering the same to the person named therein, or the holder thereof. And the corporation, company, firm or person, so issuing, selling, giving, or delivering the same shall, moreover, be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25), and not more than one hundred ($100) dollars. And at the discretion of the court trying the same, the officer or agent of the corporation, company, firm or person, issuing, selling, giving or delivering the same, may be imprisoned not less than ten, nor more than thirty days. SEC. 2. If any corporation, company, firm or person, shall coerce or compel, or attempt to coerce or compel, any employee in its, theirs [their] or his employment, to purchase goods or supplies in payment of wages due him or earned by him, from any corporation, company, firm or person, such first-named corporation, company, firm or person, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in the preceding section. SEC. 3. If any such corporation, company, firm, or person, shall directly or indirectly, sell to any such employee, in payment of wages, due or earned by him, goods or supplies at prices higher than a reasonable or current market value thereof in cash, such corporation, company, firm or person, shall be liable to such employee, in a civil action in double the amount of the charges, made and paid for such goods and supplies, in excess of the reasonable or current value in cash thereof: Provided, That the provisions of this act do not apply to coal mines, when less than twenty (20) men are employed under the ground. SEC. 4. All laws and parts of laws in conflict herewith are hereby repealed, and this act [shall] take effect and be in force sixty days after its passage. Approved May 23, 1901. COLORADO. ACTS OF 1901. CHAPTER 36.-Blacklisting and boycotting-Repeal. SECTION 1. The act, and every part thereof, entitled "An act to prevent blacklisting and boycotting," approved April 21, 1897, the same being chapter 31, of the Session Laws of 1897 of the State of Colorado, is hereby repealed. Approved March 30, 1901. CHAPTER 55.-Payment of wages-Semimonthly pay day. SECTION 1. All private corporations doing business within this State, except railroad corporations, shall pay to their employees, the wages earned each and every fifteen days, in lawful money of the United States, or checks on banks convertible into cash on demand at full face value thereof, and all such wages shall be due and payable, and shall be paid by such corporations, on the fifth and twentieth day of each calendar month for all such wages earned up to and within five days of the date of such payment: Provided, however, That if at such time of payment any employee shall be absent from the regular place of labor, he shall be entitled to such payment at any time thereafter: Provided, further, That each and every railroad corporation in this State shall have at least one regular pay day in each and every month upon which said pay day said railroad corporation shall pay to its employees all wages for services and labor performed during the preceding calendar month, in lawful money of the United States, or checks on banks convertible into cash on demand, at full face value thereof: Provided, further, That the provisions of this act shall not apply to any corporations exclusively operating ditches, canals or reservoirs. SEC. 2. Whenever any such corporation fails to pay any of its employees, as provided in section 1 of this act, then a penalty shall attach to such corporation, and become due to such employees, as follows: A sum equivalent to a penalty of five per cent of the wages due and not paid as herein provided as liquidated damages, and such penalty shall attach and suit may be brought in any court of competent jurisdiction to recover same and the wages due. SEC. 3. Whenever any employee is discharged from the employ of any such corporation, then all the unpaid wages of such employee shall immediately become due and payable, and if such corporation fails to pay any such discharged employee all the wages due and payable to said discharged employee, then the same penalty of five per cent shall attach to said corporation and become due to such employee as provided in section 2 of this act. SEC. 4. Any employee or assignee of any such employee may recover all such penalties that may, by violation of section 2 of this act, have accrued to him, at any time within six months succeeding such default, or delay, in the payment of such wages. SEC. 5. Any contract or agreement made between any corporation, and any parties in its employ, whose provisions shall be in violation, evasion or circumvention of this act, shall be unlawful and void, but such employee may sue to recover his wages earned, together with such five per cent penalty, or separately to recover the penalty if the wages have been paid. SEC. 6. Whenever any such corporation shall contract any or all of its work to any contractor, then it shall become the duty of any such corporation to provide that the employees of any such corporation or contractor shall be paid according to the provisions of this act, and such corporations shall become responsible, and liable to the employees of such contractor in the same manner as if said employees were employed by such corporation. SEC. 7. Whenever it shall become necessary for the employees to enter or maintain a suit at law for the recovery or collection of wages due as provided by this art, then such judgment shall include a reasonable attorney fee, in favor of the successful party, to be taxed as part of the costs in the case. SEC. 8. It is herein provided that all corporations hereinafter organized for pecuniary profit, except railroad companies, shall be deemed to have incorporated with special reference to the provisions of this act, and the obligation to comply with such and every provision herein, shall be deemed to be the condition upon which incorporation is granted by the State. A willful violation of any of the provisions herein, shall be sufficient ground or cause for forfeiture of such corporate rights and privileges to be enforced by suit brought in the name of the people of the State of Colorado upon relation of the attorney-general of this State in any district court in Colorado. SEC. 9. In the opinion of the general assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1901. CHAPTER 67. —Employers' liability. SECTION 1. Every corporation, company or individual who may employ agents, servants or employe., such agents, servants or employees being in the exercise of due care, shall be liable to respond in damages for injuries or death sustained by any such agent, employee or servant, resulting from the carelessness, omission of duty or negligence of such employer, or which may have resulted from the carelessness, omission of duty or negligence of any other agent, servant or employee of the said employer, in the same manner and to the same extent as if the carelessness, omission of duty or negligence causing the injury or death was that of the employer. SEC. 2. All acts, and parts of acts, in conflict herewith are hereby repealed: Provided, however, That this act shall not be construed to repeal or change the existing laws relating to the right of the person injured, or in case of death, the right of the husband or wife, or other relatives of a deceased person, to maintain an action against the employer. Approved March 28, 1901. CHAPTER 89.-Hours of labor of railroad employees. SECTION 1. No company operating a railroad in whole or in part within this State, shall permit or require any conductor, engineer, fireman, brakeman, telegraph operator, or any trainman who has worked in his respective capacity for sixteen (16) consecutive hours, except in case of casualty, to again go on duty or perform any work until he has had at least ten (10) hours' rest. SEC. 2. Any company which violates, or permits to be violated, any of the provisions of the preceding section or any officer, agent or employee who violates or permits to be violated any of the provisions of the preceding section, shall be fined not less than one hundred dollars, nor more than three hundred dollars, for each and every violation of this act. SEC. 3. All acts or parts of acts in conflict with this act, are hereby repealed. CHAPTER 91.—Weighing coal at mines. SECTION 1. It shall be the duty of every corporation, company or persons engaged in the business of mining and selling coal by weight or measure in this State to procure and constantly keep on hand, at the proper place, the necessary scales and measures and whatever else may be necessary to correctly weigh or measure the coal mined and taken out by the workmen or miners of such corporation, company or persons, and it shall be the duty of the inspector of weights and measures of every county in which coal is mined and sold to visit each coal mine operated therein, and, once in each year, unless oftener requested by the operator or the miner or the miners, test the correctness of such scales and measures. If in any county there is no inspector of weights and measures, then the State inspector of mines shall be required to test the correctness of such scales or measures within a reasonable time after application is made to him therefor by either the miners or owner or those who may be operating the mine. SEC. 2. Each car or other apparatus used by any such corporation, company or person in removing coal from any coal mine shall be plainly marked by having distinctly placed upon it a number which shall be kept thereon while such car or other apparatus is in use and no two cars or other apparatus so used shall bear the same number, and if the coal from such mine is mined and the miners are paid therefor according to weight for mining the same, every such car so used shall be weighed upon such tested scales and the weight of the coal thereof shall be correctly credited to the person mining it and recorded in a book kept for that purpose and the correct weight shall also be marked upon such car or apparatus before it is returned to the 8563-No. 41-02-14 mine for reloading. If the coal of any such mine is mined and the miners thereof are paid for the same by measure, the number of bushels of coal such car or other apparatus will hold when loaded to its capacity shall also be plainly marked upon it and kept thereon as long as such car is used, as aforesaid. Where coal is mined by weight, or by the ton, two thousand pounds shall constitute a ton, or where it is measured by the bushel, eighty pounds shall constitute one bushel. SEC. 3. All coal mined by the ton or by weight shall be weighed in the car or other apparatus in which it is removed from the mine before it is screened or before it is passed over or dumped upon any screen or any other device which may let or be capable of letting a portion of the coal drop through such screen or device, and it shall be paid for according to the weight so ascertained at such price per ton as may be agreed upon by such owner or operators and the miner or miners who mine the same. All coal mined and paid for by measure shall be paid for per car according to the number of bushels marked upon the car or other apparatus in which it is removed from the mine and without the coal thereof being screened or without it being passed over or dumped upon a screen or any other device which will let any portion of the coal fall through such screen or device. SEC. 4. A failure to comply with any of the provisions of this act shall be unlawful and deemed a misdemeanor, and any person, owner or agent operating a coal mine in this State, who shall be convicted of a violation of this act shall be fined for the first offense not less than twenty-five dollars ($25), nor more than fifty dollars ($50) and for the second offense and each subsequent offense not less than one hundred dollars ($100) nor more than two hundred dollars ($200). SEC. 5. In the opinion of the general assembly an emergency exists; therefore, this act shall take effect upon and after its passage. Approved April 30, 1901. CHAPTER 99.—Convict labor. SECTION 5. They [the board of control of State canal number 3] shall have the further authority to call upon the board of penitentiary commissioners for the use of as many able-bodied convicts, confined in the State penitentiary or State reformatory, as can be worked on said canal to advantage; and it shall be the duty of the said penitentiary commissioners to promptly select from the able-bodied convicts the number required, none of whom shall be under life sentence, and transport said convicts to a general headquarters which said board of control shall establish for the safe-keeping of said convicts; and said convicts under proper guard, shall be used in the rock and tunnel work on said canal. Approved April 11, 1901. CHAPTER 103.-Protection of street railway employees—Inclosed platforms. SECTION 1. It shall be unlawful for any person, partnership, or corporation owning or operating any street railway or the cars thereupon, in this State, or for any officer or agent thereof superintending or having charge or control of the line of railway or the cars thereupon, whether the motive power of such car is electricity, steam, by cable or otherwise, which require the constant service, or care or attention of any person or persons on any part of such car, except the rear platform, to require or permit such service, attention or care of any of its employees, or any other person or persons, unless such person, partnership or corporation, or superintending officer and managing agents thereof, first provide the said car with a proper and sufficient inclosure constructed of wood, iron and glass, or similar suitable materials sufficient to protect such employee or other person from exposure to the rain, snow, cold or other inclemencies of the weather. SEC. 2. Where there is a trailing car or cars being drawn by a head car upon which the propelling or drawing power is situated and used and where no person is required to remain constantly at one point either for the purpose of keeping the lookout or for the purpose of operating any apparatus or machinery upon such trailing car or cars; this act shall not be construed to apply to any car except the head one; nor shall it be construed to mean that the inclosure for the motorman or for the employee managing or operating any apparatus or machinery of a car at any point shall have his view obstructed, but the said inclosure or vestibuling shall be constructed in a manner so as to permit a front and side view from the position which it is necessary for the person to occupy while he is in the performance of his duties. SEC. 3. For each day that any car is permitted to be operated contrary to the provisions of this act, it shall be deemed to be a separate offense, and any person, partnership or corporation, or the superintending officers or managing agents thereof operating any such line of street railway or the cars thereupon, who shall violate any of the provisions thereof, upon 'eing convicted, in any court of competent juris diction, shall be deemed guilty of a misdemeanor, and shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) or imprisonment in the county jail not to exceed thirty (30) days for each and every offense. Approved April 29, 1901. HAWAII. ACTS OF 1901. ACT 9.-Exemption from execution, etc. SECTION 1. The following described personal property shall be exempt from attachment, execution, distress and forced sale of every nature and description: SEC. 2. All necessary household, table and kitchen furniture, including one sewing machine, crockery, tin and plated ware, calabashes and mats, family portraits and photographs and their necessary frames, all wearing apparel, bedding, household linen, and provisions provided for household use sufficient for three months. SEC. 3. All farming implements and utensils not exceeding in value the sum of five hundred dollars; also two oxen, two horses or mules, and their harness; food for such oxen, horses or mules for one month; one cart, brake or wagon; and one horse, one set of single harness and one vehicle belonging to any person who is maimed or crippled. SEC. 4. The tools or implements of a mechanic or artisan necessary to enable him to carry on his trade; the instruments and chest of a surgeon, physician, surveyor and dentist, necessary to the exercise of their profession, together with their necessary office furniture and fixtures; the necessary office furniture, fixtures, blanks, stationery and office equipment of attorneys, judges, ministers of the gospel, and rabbis; the typewriter, one desk and half a dozen chairs of a stenographer or typewriter; the musical instruments of every teacher of music used by them in giving instruction; one bicycle when the same is used by its owner for the purpose of carrying on his regular business or when the same is used for the purpose of transporting the owner to and from his place of business; the fishing nets, dips and seines, and the boats, with their tackle and equipment, of every fisherman. SEC. 5. Two horses or two mules and their harness, one cart or wagon or stage, one dray or truck, one coupe or hack or carriage for one or two horses, by the use of which a cartman, drayman, truckster, huckster, peddler, hackman, teamster, or other laborer actually earns his living; and one horse and harness and one vehicle used by a physician, surgeon, or minister of the gospel, in the practice or exercise of his business or profession. SEC. 6. The nautical instruments and wearing apparel of every master, officer and seaman of any steamship or other vessel. SEC. 7. All books, maps, pamphlets, magazines and manuscripts of every kind, nature and description, together with the bookcases, shelving, cabinets or other devices for holding the same: Provided, however, That this section shall not apply to such of the articles herein specified as are kept for sale by any dealer therein. SEC. 8. The wages of every laborer or person working for wages, such person being the head of a family, to the amount of two hundred dollars, and every other person to the amount of fifty dollars. SEC. 9. The proceeds of insurance on, and the proceeds of the sale of, and of the property in this act mentioned, for the period of three months from the date such proceeds are received. SEC. 10. No property mentioned in this act shall be exempt from attachment for, nor from execution issued upon a judgment recovered for the purchase price thereof, or upon a judgment of foreclosure of a mortgage thereon, nor for taxes or fines or any debt due the Territory of Hawaii. SEC. 16. This act shall take effect and be in force from and after its passage. ACT 17.-Protection of wages due laborers. SECTION 1. It shall be unlawful for any person, firm, partnership or corporation, within this Territory, to deduct and retain any part or portion of any wages due and payable to any laborer or employee, or to collect any store account, offset or counter claim without the written consent of such laborer or employee or by action in court as provided by law. SEC. 2. No fines, offsets or counter claims shall be collected, deducted, or retained out of any wages due and payable to any laborer or employee by any person, firm, |