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Where two or more railroad companies are interested, the division of the expense of installing, maintaining and operating said interlocking plant or safety device shall be agreed upon by the respective companies required to install the same; in case they can not agree, then such division shall be determined by the railroad and warehouse commission after a hearing.
SEC. 2. The commission may require any railroad company on any part of its line or lines operated in this State, to install and operate a “block signal system” or any other devise [device] or appliance that in its judgment will best promote the public safety.
SEC. 3. Any railroad company neglecting to comply with any order of the commission made under this act, shall be liable to a penalty of twenty-five dollars ($25) for each day such neglect shall continue, to be recovered in. a civil action in the name of the State and paid into the general fund of the State treasury.
Approved April 22, 1907.
CHAPTER 290.--Accidents on railroads.
SECTION 1. Section 1, chapter 122, General Laws of 1905, is hereby amended so as to read as follows:
Section 1. It shall be the duty of every railroad company operating a line of railroad in this State to report all accidents, wrecks or casualties occurring in this State to the railroad and warehouse commission. This is intended to include all accidents, wrecks or casualties occurring in the operation of trains or engines on said line or lines of railway within this state, and all other accidents or casualties of whatever nature as may be required under rules adopted by the commission. Any reports to the commission herein required shall not be for public inspection.
All accidents or wrecks occurring in the operation of trains or engines involving loss of life or personal injury, shall be immediately reported to the commission by telegraph or telephone message, and the company shall forth. with send a written report in detail giving full particulars available in such form as the commission may require. All other accidents, including accidents resulting in personal injury or death, other than train accidents, shall be reported to the commission on the first day of each month, covering the preceding month.
Sec. 2. Section 2, chapter 122, is hereby amended so as to read as follows:
Sec. 2. Whenever any report is made to the commission involving a wreck, accident or casualty, and the commission deems it necessary, it shall forthwith examine into the causes and circumstances of the same, and it shall thereupon be the duty of the commission to order such railroad company to comply with any reasonable requirement prescribed by the commission, calculated to prevent the recurrence of any such wreck, accident or casualty, and it shall be the duty of the commission to report to the legislature biennially a summarized statement of all wrecks, accidents or casualties reported, together with a recommendation of such additional legislation as it deems proper for the greater protection of passengers and employees of railroad companies.
Approved April 22, 1907
CHAPTER 293.---('ooperative associations. SECTION 1. Any cooperative association may be formed for the purpose of selling and otherwise disposing of any product of any manufacturing or agricultural cooperative association, organized under the provisions of section 3073, Revised Laws, 1905, or chapter 276 or 313, General Laws, 1905, and any amendments thereto. Its certificates of incorporation shall be filed for record with the secretary of state, and thereupon it shall become a corporation. A majority of the incorporators thereof shall be residents of this state, and its duration, without renewal, shall not exceed twenty years.
SEC. 2. Every such association shall have a president, a treasurer and not less than three directors, who shall together constitute a board of managers and conduct its business. Such officers shall be chosen annually by the stockholders, and shall hold their offices until others shall be chosen and qualified. The association shall make its own by-laws, not inconsistent with the law, and may herein provide for any other officers deemed necessary, and the mode of their selection. It may amend its articles of incorporation at any general stockholders' meeting, or at any special meeting called for that purpose, upon ten days' notice to the stockholders. The amount of capital stock shall be fixed by the articles of incorporation, which amount and the number of shares may be increased or diminished at a stockholders' meeting, specially called for that purpose, but the whole amount of stock shall never exceed one hundred thousand dollars. Within thirty days after the adoption of the amendment increasing or diminishing its capital stock, it shall cause the vote so adopting it to be recorded in the office of the secretary of state. No share shall be issued for less than its par value, and no member shall own shares of a greater par value than one thousand dollars, or be entitled to more than one vote. It may commence business whenever 20 per cent of the authorized stock has been subscribed for and paid in, but no certificate of shåres shall be issued to any person until the full amount of such subscription therein has been paid in cash, and no person shall become a shareholder therein except by the consent of the managers. If such board of managers, or the directors or officers having control of such association, for five consecutive years after its organization shall fail to declare a dividend upon its capital or shares, five or more stockholders, by petition, setting forth such fact, may apply to the district court of the county, wherein is situated its principal place of business in this State, for its dissolution. If, upon hearing, the allegations of the petition are found to be true, the court may adjudge a dissolution of the association. The profits on the earnings of such association shall be distributed to those entitled thereto by its by-laws and in proportions and at the times therein prescribed, which shall be as often as once in twelve months. Every corporation organized under the terms of this act shall, on or before December 30th, in each year, make a report to the State dairy and food commissioner ; such report shall contain the name of the corporation, its principal place of business in this State, and generally a statement as to its business, showing total amount of business transacted, its profits and losses.
Sec. 3. Any corporation heretofore or hereafter organized under the provisions of section 3073, Revised Laws, 1905, or chapters 276 or 313, General Laws, 1905, is hereby authorized, in addition to those other powers to it granted, upon an affirmative vote of a majority of its stockholders, had at any regularly called annual or special meeting, to subscribe, through its officers, to the capital stock of any corporation organized under the provisions of this act, pay for the same and thereafter, in like manner, vote the same and exercise all the usual powers of a stockholder in a corporation, subject to the limitations hereinbefore set forth.
Approved April 22, 1907.
CHAPTER 299.--Employment of children-General provisions.
(See Bulletin No. 73, pp. 724-727.)
CHAPTER 350.-Bureau of labor industries and commerce.
(See Bulletin No. 73, pp. 888, 889.)
CHAPTER 368.—Employment offices. SECTION 1. Section one thousand eight hundred and twenty-five (1825) of the Revised Laws of Minnesota, is hereby amended to read as follows:
Section 1825. Any person desiring to conduct an employment bureau or agency, and to receive compensation for his services, shall be entitled to a license therefor upon compliance with the conditions of this section; but this subdivision shall apply to the employment of males only. Application for such license shall be made to the council of the city or village in which the agency is to be established, or, if outside a city or village, to the county board, and the applicant shall pay into the treasury a fee of $100.00 (one hundred dollars). He shall also deliver to such council or board a bond to the State in the sum of two thousand ($2,000) dollars, conditioned for the payment of all damages sustained by any person engaged by the obligor to labor for others, by reason of any authorized act, fraud or misrepresentation of the obligor or any of his agents or servants. The bond shall be filed with the city clerk, village recorder or county auditor, as the case may be. So long as the licensee continues to reside or maintain his office at the place mentioned in the license, he may engage in such business in any part of the State.
Approved April 23, 1907.
CHAPTER 156.-Factories, workshops, etc.-Female inspector.
(See Bulletin No. 73, pp. 889, 890.)
ACTS OF 1907.
Free public employment offices.
* A free employment bureau shall be maintained at St. Louis, Kansas City and St. Joseph.
Approved May 13, 1907.
Employment of children-Age limit.
(See Bulletin No. 73, pp. 732–735.)
Blocking of frogs, switches, etc., on railroads.
SECTION 1. All companies or corporations, lessees or other persons owning or operating any railroad or part of railroad in this State, are hereby required, on or before the first day of September, nineteen hundred and seven (1907), to adopt, put in use and maintain the best known appliances or inventions to fill or block all switches, frogs and guard-rails on their roads, in all yards, divisional and terminal stations, and where trains are made up, to prevent, as far as possible, the feet of employees or other persons from being caught therein. Any company or corporation, lessees or other persons, owning or operating any railroad, or part of a railroad, in this State, who shall fail to do any act or thing in this section required to be done, or shall cause any act or thing not to be done, or shall aid or abet any such omission, shall be deemed guilty of a violation of this law, and shall forfeit and pay the sum of ten dollars ($10.00) for every such offense, and each day shall constitute a separate and distinct offense. At every term of a court of record of this State having criminal jurisdiction, the judge thereof shall direct and charge grand juries to make special inquiry as to violation of this law.
SEC. 2. When any employee or other person shall be injured, maimed or killed, by reason of the noncompliance with the provisions of this act, then in an action for damages which may be instituted against any railroad company, corporation or lessee for such injuring, maiming or killing, proof of contributory negligence or carelessness on the part of any employee or other person so injured, maimed or killed, shall not relieve such railroad company, [corporation) or lessee from liability. Approved February 28, 1907.
Safety appliances on railroads.
SECTION 1. From and after the first day of January, 1908, it shall be unlawful for any person, persons, partnership or corporation, operating any line of railroad, in whole or in part, within this State, either as owner, lessee or receiver, for the purpose of moving freight or passengers between points wholly within this State, to use upon such line of railroad any locomotive or engine to move such train of cars over such railroad without (having) such locomotive or engine equipped with power drive wheel brakes and fully and properly equipped with air brake appliances so that the engineer operating such locomotive or engine, shall have the means of fully and completely controlling the air brakes on the cars attached to said locomotive and engine without recourse to hand brakes, except in cases of emergency.
Sec. 2. From and after the first day of January, 1908, it shall be unlawful for any person, persons, company or corporation, operating any line of railroad, 'in whole or in part, in this State, either as owner, lessee or receiver, to use or permit to be used or hauled between stations within this State, on said line of railroad, any locomotive, tender, car or other vehicle for moving persons or freight, which shall not be equipped with hand holds, grab irons and couplers, coupling automatically by impact, and which can be coupled without the necessity of men going between the ends of the cars for the purpose of effecting such coupling.
SEC. 3. From and after the first day of January, 1908, it shall be unlawful for any person, persons, company or corporation, operating any line of railroad, in whole or in part within this State, whether as owner, lessee or receiver, to use any locomotive, tender, car or similar vehicle for the purpose of carrying persons or freight, on its line of railroad, between stations wholly within the State, unless such locomotive, tender, car or other similar vehicle shall be equipped with standard drawbars; that the standard height of drawbars on all standard-gauge roads shall be thirty-four and one-half inches, measuring from the top of the track rails to the center of the drawbar; and upon narrowgauge roads such standard drawbar shall be twenty-six inches from the top of the track rails to the center of the drawbar, and the maximum variation from such standard height to be allowed between empty [and] loaded cars shall be three inches, whether or not the drawbars brought together are of the same kind, make or type.
SEC. 4. From and after the first day of January, 1908, it shall be unlawful for any person, persons, company or corporation, operating any line of railroad, in whole or in part, in this State, either as owner, lessee or receiver, to operate any train of cars orer such line of railroad between stations within this State, unless at least 75 per cent of the cars composing such train shall be equipped with air or power brakes and lif] any of the remaining twenty-five per centum of such cars composing such train shall be so equipped with such air or power brakes they shall be so associated and connected that brakes thereon can be used, managed and operated by the engineer of the locomotive drawing such train.
SEC. 5. Whenerer any person, persons, company or corporation operating any railroad, in whole or in part, in this State, either as owner, lessee or receiver, shall have equipped the locomotives, tenders, cars and similar vehicles used for the carrying of persons and freight between any stations within this State, in the manner and with the appliances and devices prescribed by this act, such railroad may refuse to receive for transportation over its line or lines or road any car or (ars from connecting lines which are not equipped in accordance with the provisions of this act, without incurring any liability as a common carrier on account of such refusal,
SEC. 6. The provisions and requirements of this act relating to power drive wheel brakes, train brakes, automatic couplers, grab irons and the standard height of drawbars, shall be held to apply to all trains, locomotives, tenders, cars and similar devices used on or by any railroad engaged in the transportation of persons and freight between points within the State of Missouri: Provided, however, That the provisions of this act shall not apply to street railroads nor to tram railroads employed in the transportation of logs.
SEC. 7. Any such person, persons, company or corporation operating any rail. road, in whole or in part, within this State, whether as owner, lessee or receiver, who shall violate any of the provisions of this act, shall be liable to the State of Missouri in a penalty of not less than one hundred nor more than five hundred dollars for each offense, and such penalty shall be recovered and suit therefor shall be brought in the name of the State of Missouri, in any court of competent jurisdiction in any county in the State, into or through which such railway may run, by the attorney-general, or under his direction, or by the prosecuting attorney of any county through or into or out of which trains may be operated by such railroad or by the circuit attorney in the city of St. Louis.
SEC. 8. Any employee of such railroad so operated as a foresaid who may be injured by any train, locomotive, tender, car or similar vehicle in use contrary to the provisions of this act, shall not be deemed to have assumed the risk thereby occasioned, nor to have been guilty of contributory negligence, because of continuing in the employment of such railroad or in the performance of his duties as such employee after the unlawful use of such train, locomotive, tender, car or similar device shall have been brought to his knowledge.
Approved March 19, 1907.
Liability of mine operators for injuries to employees.
(See Bulletin No. 74, p. 70.)
Actions for personal injuries-Surriral.
SECTION 1. Causes of action upon which suit has been or may hereafter be brought by the injured party for personal injuries, other than those resulting in death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death, nor by reason of the death of the person against whom such cause of action shall have accrued; but in case of the death of either or both such parties, such cause of action shall survive to the personal representative of such injured party, and against the person, receiver or corporation liable for such injuries and his legal representatives, and the liability and the measure of damages shall be the same as if such death or deaths had not occurred.
Approved March 19, 1907.
(See Bulletin No. 73, pp. 897, 898.)
Bureau of labor,
Section 1. Section 10073, Revised Statutes of Missouri of 1899 is hereby amended
so that said section, when amended, shall read as follows: Section 10073. There is hereby established a separate and distinct department in this State, to be known as the “Bureau of Labor Statistics." SEC. 2. Section 10074,
is hereby amended
so that said section when amended shall read as follows:
Sec. 10074. The object of this department shall be to collect, assort, systematize and present in annual report to the governor to be by him transmitted biennially to the general assembly, statistical details and information relating to all departments of labor in the State, especially in its relations to the commercial, industrial, social, educational and sanitary condition of the laboring classes and to the permanent prosperity of the productive industries of the State. SEC. 3. Section 10075,
is hereby amended
so that said section when amended shall read as follows:
Sec. 10075. The gorernor shall, with the advice and consent of the senate. appoint, immediately after this article goes into effect, and every four years thereafter, some suitable person to perform the duties herein required, who shall be known as commissioner of labor statistics, and who shall keep an office in such place as may be designated by the governor, SEC. 4. Section 10076,
is hereby amended
so that said section when amended shall read as follows:
Sec. 10076. The commissioner shall, annually, on or before the 5th day of November, present a report in writing, to the governor, which shall contain statistical details [relating] to all departments of labor in the State, together with such other information as is contemplated by section 10074. SEC. 5. Section 10078,
is hereby repealed, and the following section enacted in lieu thereof:
Sec. 10078. The commissioner of labor statistics shall be authorized to have printed not to exceed three thousand copies of his annual report for general distribution, and all printing, binding, bulletins, blanks, stationery or map work shall be done under any contract which the State now has or shall have and the expense thereof shall be audited and paid for in the same manner as for similar (work) for the State, out of the appropriation for the purchase of material, printing and publishing documents for the State.