LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE

JANUARY 1, 1896.

KANSAS.

ACTS OF 1897.

CHAPTER 120.-Protection of employees as members of labor unions.

SECTION 1. It shall be unlawful for any person, company, or corporation, or the agent, officer, manager, superintendent, master mechanic, or foreman of any person, company, or corporation, to prevent employees from joining and belonging to any labor organization, and any such person, company, or corporation, or any agent, manager, superintendent, master mechanic, or other officer of any person, company, or corporation that coerces or attempts to coerce employees by discharging or threatening to discharge said employees because of their connection with such labor organization, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than fifty dollars nor more than five hundred dollars. SEC. 2. Any person, company, or corporation doing any of the acts prohibited by section one of this act, shall be liable to the person injured, in exemplary or punitive damages not to exceed two thousand dollars, to be recovered by civil action, and in addition thereto a reasonable attorney fee to be recovered in said civil action for damages.

SEC. 3. This act shall take effect and be in force from and after its publication in the statute book.

Approved February 18, 1897.

CHAPTER 129.-Protection of employees as voters.

SECTION 21. Any person entitled to vote at a general election in this State, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two hours, between the time of opening and closing the polls, and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall deduction be made on account of such absence, from his usual salary or wages: Provided, however, That application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which said employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privileges, or who shall, in any manner, attempt to influence or control such voter as to how he shall vote, by offering any reward, or by threatening his discharge from employment, or otherwise intimidating him from a full and free exercise of his right to vote, or shall, directly or indirectly, violate the provisions of this section, shall be deemed guilty of a misdemeanor and be fined in any sum not less than fifty dollars or more than one hundred dollars. Approved March 13, 1897.

CHAPTER 144.-Blacklisting.

SECTION 1. Any employer of labor in this State, after having discharged any person from his service, shall not prevent or attempt to prevent by word, sign or writing of any kind whatsoever, any such discharged employee from obtaining employment from any other person, company or corporation except by furnishing, in writing, on request, the cause of such discharge.

SEC. 2. Any employer of labor in this State shall, upon the request of a discharged employee, furnish, in writing, the true cause or reason for such discharge.

SEC. 3. Any employer of labor, his agent or employee who shall violate the provisions of this act shall be guilty of a misdemeanor and shall, upon conviction, be fined for each offense the sum of one hundred dollars and thirty days' imprisonment in the county jail.

SEC. 4. Any person, firm, or corporation, found guilty of the violation of sections one and two of this act, shall be liable to the party injured to an amount equal to three times the sum he may be injured, and such employers of labor shall also be liable for a reasonable attorney fee which shall be taxed as part of the costs in the

case.

SEC. 5. This act to be in full force and effect from and after its publication in the statute book.

Approved March 12, 1897.

CHAPTER 145.-Payment of wages, etc.

SECTION 1. It shall be unlawful for any person, firm, company, corporation, or trust, or the agent, or the business manager of any such person, firm, company, corporation or trust to sell, give, deliver, or in any way directly or indirectly to any person employed by him or it, in payment of wages due or to become due, any scrip, token, check, draft, order, credit on any book of account or other evidence of indebtedness, payable to bearer or his assignee, otherwise than at the date of issue, but such wages shall be paid only in lawful money of the United States, or by check or draft drawn upon some bank in which any person, firm, company, corporation, or trust, or the agent, or the business manager of any such person, firm, company, corporation, or trust, has money upon deposit to cash the same.

SEC. 2. All contracts to pay or accept wages in any other than lawful money, or by check or draft, as specified in section one, of this act, and any private agreement or secret understanding that wages shall be or may be paid, in other than lawful money, or by such check or draft, shall be void, and the procurement of such private agreement or secret understanding, shall be unlawful and construed as coercion on the part of the employer.

SEC. 3. If any person shall violate any of the provisions of either section one or two of this act, or shall compel, or in any manner attempt to compel, or coerce any employee of any corporation, or trust to purchase goods, or supplies, from any particular person, firm, corporation, company or trust or at any particular store or place, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty or more than ninety days, or by both such fine and imprisonment for each violation.

SEC. 4. This act shall apply only to corporations or trusts or their agents, lessees, or business managers, that employ ten or more persons.

SEC. 5. The county attorney of any county upon complaint made to him shall proceed to prosecute the violators of this act as prescribed in other cases of misde

meanor.

SEC. 6. Sections 2441, 2442 and 2443 of the General Statutes of Kansas, of 1889, and all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 7. This act shall take effect and be in force from and after its publication in the official State paper.

Approved March 2, 1897.

Published in official State paper March 12, 1897.

CHAPTER 159.—Mine regulations and inspection.

SECTION 1. It shall be unlawful for any mine owner, agent, lessee or operator of any coal mine, or any other underground workings, where any kind of material is mined or excavated, in either shaft mine, slope mine, or drift mine, by system of room and pillar, to mine or cause to be mined by any employee therein, in any of said mines, any minerals mined by bushel, ton, or other rates, to excavate coal or other minerals, in an advance space of forty feet, unless break-throughs are made, ranging in distance as follows: Forty feet shall constitute the distance between breakthroughs, which shall be made through the pillar which divides either rooms, air courses or entries, where any of said rooms, air courses, or entries are in operation, and in no case shall the distance exceed the aforesaid distance, namely, forty feet, irrespective of thickness or distance of the pillar or pillars which divides such rooms, air courses or entries.

SEC. 2. Said break-throughs shall be at least six feet wide and the full height of coal strata, or other minerals mined which does not exceed six feet in height, and in no case shall the air courses have less than twenty-one feet of an area, where mines are operated on room-and-pillar system. And the compensation for making such break-throughs shall be regulated by or between the employer and employee and any room, air course or entry, or any other working places where miners or others are employed, shall cease operations at the working faces until said break-throughs are perfected as heren specified, in section one, of this act. And said break

throughs shall be filled with either slate, rock, or closed by brattice, to make the same air-tight, as soon as the second or succeeding break-throughs are made. And in any case any of such break-throughs are partly opened or torn down, by the concussion of shots, or blasts, or by premature explosion, or otherwise, the foreman, or superintendent, or agent in each of any of the said mines, shall immediately cause any of such break-throughs to be properly closed and made air-tight, as soon as notified by any employee.

SEC. 3. Every mine owner, agent, lessee or operator of coal mines or underground workings of the character mentioned in section one of this act, shall provide and hereafter maintain for every mine, ample means of ventilation, affording not less than one hundred cubic feet of air in every such mine, per man, per minute. Said volume of air shall be directed or circulated where any person or persons may be working in any of said mines.

SEC. 4. The inspector of mines shall cause the volume of air to be increased when necessary to such an extent as will dilute, carry off, and render harmless, the noxious gases generated therein. And mines generating fire-damp shall be kept free of standing gas, and every working place shall be carefully examined every morning with a safety lamp by an examiner, or fire-boss, before miners or other employees enter their respective working places. Said examiner or fire-boss shall register the day of the month at the place of the workings, and also on top in a book which shall be kept in the weighmaster's office for such special purpose, and as proof of inspection, he shall daily record all places examined, in said book, and in case of danger when firedamp may have accumulated during the absence of any person or persons, employed therein, said examiner or fire-boss, must notify the miners or those employed therein, or those who may have occasion to enter such places. And the hydrogen or firedamp generated therein must be diluted and rendered harmless before any person or persons enter such working, or abandoned part of the mine with a naked light.

SEC. 5. It shall be the duty of the owner, lessee or operator, of any mine where the natural strata is not safe, in or around all workings, pumping, and escaping shafts, to securely case line, or otherwise make said places secure, and all escapement shafts shall be provided with stairways securely fastened, so as to bear the combined weight of not less than fifteen men, ascending or descending the same. Said stairways shall be so constructed as not to exceed forty-five degrees of elevation, by each section of said stair, and each section shall have substantial guard rails securely fastened, and the stairways shall be separately partitioned from the parts of such shafts used as upeasts or downcasts, and the traveling ways between the bottom of the main shaft, and the escaping shaft, or stairways shall be at least five feet in height. Said traveling ways shall be kept clear of all obstructions, and standing or stagnant water shall not be allowed to accumulate in any traveling way between the upcast and downcast shafts. And in case of mine shafts which are over one hundred and fifty feet in depth, where stairways can not be conveniently constructed, other safe means of hoisting the persons employed in any such mine must be kept ready at all times, so as to be available in case of accident to the regular hoisting shaft, or machinery in use at the same.

SEC. 6. It shall be the duty of the foreman, cager, or whosoever may have charge of the bottom of any shaft, to give the proper signal to the top man and engineer, whenever any six employees who work therein are ready to ascend, by day or night, and for the making of such ascent it shall be the duty of the bottom eager to give them an empty cage by which they can ascend. And every road on which persons travel underground when the coal is drawn by mules, or other power, shall be provided at intervals of not more than thirty feet with sufficient manholes for places of refuge.

SEC. 7. It shall be the duty of the owner, lessee or operator of every mine to provide and maintain airways of sufficient dimensions, and in no case shall the area of the air course be less than twenty-one feet in mines operated on room-and-pillar system.

SEC. 8. Standing or stagnant water shall not be allowed to remain in air courses, entries, traveling ways, or rooms. Obstructions of any kind must not be placed in cross-cuts, rooms or entries used as airways. And in case of a fall of a roof, or where the sides of such airways cave in, it shall be the duty of the mine boss or agent in any such mines to cause such falls or obstruction to be removed immediately and the roof and sides made secure.

SEC. 9. All main airways in any of the underground workings in the State of Kansas, shall be examined at least twice a week by the mine boss or agent, or some other competent person so directed by said mine boss or agent, and a report of such inspection shall be forwarded to the office of the State inspector of mines at least once a month.

SEC. 10. It shall be the duty of the mine boss or agent in charge of any mine where coal dust or any other inflammable ingredients may accumulate, to cause the same to be properly sprinkled or saturated once a day, and oftener if necessary, in either air courses, entries, rooms, or cross-cuts.

SEC. 11. No employee or other person in mines is allowed to leave trap-doors or air-gates open any longer than while passing through said gates or doors. And any person who accidentally or otherwise tears down any brattice cloth must immediately notify the mine boss or the individual having supervision of the air in such mine, and the same must be replaced as soon as notice thereof is given to the mine boss or person in charge of the air.

SEC. 12. In order to facilitate the inspector of mines in his duties, it shall be the duty of all coal operators and coal companies or lessees or other persons engaged in mining or producing coal, to make a quarterly statement to the mine inspector, of the amount of all coal mined, the number of miners employed, number of day men, number of boys, and all other persons employed in or around said mine or mines, not later than ten days after the end of each quarter, and they shall also state the price paid miners per ton or bushel, the price paid to day hands per day, the number of days worked by miners and by day men, the number of accidents, deaths resulting from injuries in and around the said mine or mines. It shall also be the duty of the mine inspector to furnish all coal operators and all coal companies or lessees or other persons engaged in mining or producing coal, with printed blank forms every quarter, for the purpose of making out said report as this act herein provides for.

SEC. 13. No person employed in any mine shall use any kind of oil other than lard oil for lighting purposes, except when repairing downcast or upeast shafts.

SEC. 14. The inspector of mines is duly authorized to enforce the provisions of this and all other acts relating to mines or mining; and he is hereby empowered to institute proceedings in the name of the State of Kansas against any miner, owner, agent, lessee, operator of any mine, or any employee employed therein, who refuses to comply with the provisions of this act, after ten days' notice. The inspector is hereby empowered in all cases where mines are not worked or operated in strict accordance with this act, to order the employees employed in such mine to suspend operations, and if, in his judgment, there is immediate danger, he can order, such min to suspend operations until the matter of which he complains in relation to this act, is complied with.

SEC. 15. The inspector is hereby authorized to furnish every mine owner, agent, lessee or operator of every mine, which he knows to be in operation, with a printed copy of this act, which shall be kept conspicuously posted at or near the top of any of said mines, and it shall be the duty of the mine boss or agent in charge, to call the attention of the miners or others employed, to the provisions of this act.

SEC. 16. In case of non-compliance with sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this act, by any owner, operator, agent or lessee of any mine,or any miner or other employee working therein, upon whom any duty is cast by any of said sections, he shall be deemed guilty of a misdemeanor, and shall, upon conviction of the same, for each offense, be punished by a fine of not less than one hundred dollars, and not to exceed three hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days, and not to exceed ninety days, or by both such fine and imprisonment, in any court having competent jurisdiction: Provided, That this act shall be construed as to effect [affect] or apply only to coal-mines of this State, or any person or persons operating or owning such coal-mines.

SEC. 17. And chapter 171, session laws of 1895, and all other acts and parts of acts in conflict with this act, are hereby repealed.

SEC. 18. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 13, 1897.

CHAPTER 172.-Protection of street-railway employees.

SECTION 1. It shall be unlawful for any street-car company, or other person, association, or corporation, who own, control, or operate any street-car system in the State of Kansas, to run or operate its cars in the regular service of carrying passengers, during the months of November, December, January, February, or March of each year, without first providing a vestibule or other sufficient shelter for the motorman or other employee, used by said company to guide or operate the propelling power used on said car: Provided, This act shall not apply to any horse or cable

car.

SEC. 2. Every corporation, officer, owner, or manager of any such street-car company, who shall fail or refuse to comply with the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not less than five dollars nor more than twenty five dollars for each offense, and the operation of a car at any one time during any one day during said months, without providing the vestibule or other shelter, shall be deemed a single violation of this act. SEC. 3 This act shall take effect and be in force on and after its publication in the statute book.

MISSOURI.

ACTS OF 1897.

Fellow-servants.

(Page 96.)

SECTION 1. Every railroad corporation owning or operating a railroad in this State shall be liable for all damages sustained by any agent or servant thereof while engaged in the work of operating such railroad by reason of the negligence of any other agent or servant thereof: Provided, That it may be shown in defense that the person injured was guilty of negligence contributing as a proximate cause to produce the injury.

SEC. 2. All persons engaged in the service of any such railroad corporation doing business in this State, who are intrusted by such corporation with the authority of superintendence, control or command of other persons in the employ or service of such corporation, or with the authority to direct any other servant in the performance of any duty of such servant, or with the duty of inspection or other duty owing by the master to the servant, are vice-principals of such corporation, and are not fellow-servants with such employees.

SEC. 3. All persons who are engaged in the common service of such railroad corporation, and who while so engaged, are working together at the same time and place, to a common purpose of same grade, neither of such persons being intrusted by such corporation with any superintendence or control over their fellow employees, are fellow-servants with each other: Provided, That nothing herein contained shall be so construed as to make any agent or servant of such corporation in the service of such corporation a fellow-servant with any other agent or servant of such corporation engaged in any other department or service of such corporation.

SEC. 4. No contract made between any railroad corporation and any of its agents or servants, based upon the contingency of the injury or death of any agent or servant, limiting the liability of such railroad corporation for any damages under the provisions of this act, shall be valid or binding, but all such contracts or agreements shall be null and void.

Approved February 9, 1897.

Protection of street-car employees-Screens.

(Page 102.)

SECTION 1. Every electric street car, other than trail cars, which are attached to motor cars, shall be provided during the months of November, December, January, February and March of each year, at the front end, with a screen composed of glass or other material which shall fully and completely protect the driver, motorman, gripman or other person stationed on such front end and guiding or directing said car from wind and storm.

SEC. 2. Any person, agent or officer of any association or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than twenty-five dollars or more than one hundred dollars for each day that any car belonging to or used by such person, association or corporation is permitted to remain unprovided with the screens required by section 1 of this act. And it is hereby made the duty of the prosecuting attorney of each county in the State to enforce the provisions of this act, for which he shall be entitled, in addition to his ordinary fee or salary, one-fourth of the fine recovered. Approved March 5, 1897.

Protection of employees as voters.
(Page 108.)

SECTION 1. Any person entitled to vote at any election in this State shall, on the day of such election, be entitled to absent himself from any services or employment in which he is then engaged or employed, for a period of four hours between the times of opening and closing the polls; and such voter shall not, because of so absenting himself, be liable to any penalty: Provided, however, That his employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to any employee the privilege hereby conferred, or shall discharge or threaten to discharge any employee for absenting himself from his work for the purpose of said election, or shall cause any employee to suffer any penalty or deduction of wages because of the exercise of such privilege,