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SEC. 6. Section 10079,
is hereby amended
so that said section when amended shall read as follows:
Sec. 10079. Any owner, operator, nianager or lessee of any mine, factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment, or any other employer of labor, or any agent or employee of such owner, operator, manager or lessee, who shall refuse to said commissioner, when requested by him, any statistical or other information relative to his duties which may be in their possession or under their control, shall for every such neglect or refusal, be deemed guilty of a misdemeanor, and shall on conviction, be fined in a sum not less than twenty-five nor more than one hundred dollars. SEC. 7. Section 10050,
is hereby amended * so that said section when amended shall read as follows:
Sec. 10080. The commissioner of labor statistics shall receive an annual salary of two thousand dollars, payable monthly and said commissioner is hereby authorized to employ such assistance and incur such expense, as may be necessary to carry out the provisions of this article, such expense to be paid on the vouchers presented by the commissioner: Provided, however, That said expenses shall not exceed, in any one year, the amount appropriated therefor; said commissioner shall before entering upon the duties of his office, execute a bond to the State of Missouri, in the sum of twenty thousand dollars, with two or more good and sufficient sureties, conditioned upon the faithful, honest and impartial performance of his duties under this article, which bond shall be approved by the State auditor and filed in his office. Said commissioner shall include in his annual report to the governor an itemized statement of the expenses of the bureau incurred by him. SEC. 8. Section 10081,
is hereby repealed and the following section enacted in lieu thereof:
Sec. 10081. The commissioner of labor statistics is hereby directed to collect any information he may deem necessary to carry out the objects of the bureau as set forth in section 10074, and is hereby authorized to furnish suitable blanks to managers of public service corporations, county, city and township officers, and to the officers of prisons, penal and reformatory institutions, and it shall be the duty of all such managers and officers to furnish such information as the commissioner may require and which may be in their possession with the least possible delay. SEC. 9. Section 10083,
is hereby amended
so that said section when amended shall read as follows:
Sec. 10093. It shall be the duty of every owner, operator or lessee of any factory, foundry or machine shop or other manufacturing establishment doing business within this State to report ammually, ou or before the first day of March, to the commissioner of the bureau of labor statistics, the name of firm or corporation and the number of members, male and female, constituting the same; where located; capital invested in grounds, buildings and machinery; class and value of goods manufactured ; aggregate value of raw material used; total number of days in operation ; amount paid yearly for rent, tax and insurance; total amount paid in wages; total number of employees, male and female; number engaged in clerical and manual labor, with detailed classification of the number and sex of employees engaged in each class, and average daily wages paid to each. SEC. 10, Section 10081,
is hereby amended
so that said section, when amended shall read as follows:
Sec. 10084. The commissioner of the bureau of labor statistics is hereby authorized to furnish suitable blanks to the owner, operator, manager or lessee of any factory, workshop, elevator, foudry, machine shop or any other manufucturing establishment, to enable said owner, operator, manager or lessee to intelligently comply with the provisions of section 10083 of this article; and any such owner, operator, manager or lessee who shall neglect or refuse to comply with the provisions of this article, or who shall untruthfully answer any question or questions put to him by the commissioner of labor, in a circular or otherwise in furtherance of the provisions of sections 10081 and 10083, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by at tine of not less than one hundred dollars nor more than two hundred dollars.
Approved March 19, 1907.
Hours of labor of railway telegraphers.
SECTION 1. It shall be unlawful for any person, corporation or receiver operating a line of railroad in whole or in part in the State of Missouri, or any officer, agent or representative of such personi, corporation or receiver, to require or permit any telegraph or telephone operator who spaces trains by the use of the telegraph or telephone under what is known and termed the “block system” (defined as follows) : Reporting trains to another office or offices or to a train dispatcher operating one or more trains under signals, and telegraph or telephone levermen, who manipulate interlocking machines in railroad yards or on main tracks out on the lines connecting side tracks or switches, or train dispatchers in its service whose duties substantially, as hereinbefore set forth, pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains or receiving or transmitting train orders as interpreted in this section to be on duty for more than eight hours in a day of twenty-four hours, and it is hereby declared that eight hours shall constitute a day of employment for all laborers or employees engaged in the kind of labor aforesaid : Provided, That at stations that are kept open only during the day time where only one telegraph or telephone operator be employed, they may work twelve hours in a day of twenty-four hours, and that the hours of service of telegraph or telephone operators as interpreted in this section shall be consecutive, including one meal hour: Provided further, That in case of sickness, death, wrecks or washouts, telegraph or telephone operators may be held on duty not to exceed sixteen hours in a day of twenty-four bours.
SEC. 2. Any person or persons, company or corporation, who shall violate any of the provisions of the preceding section, shall, on conviction, be fined not more than one thousand dollars.
Approved April 12, 1907.
SECTION 1. Section 8823,
[Revised Statutes shall] be amended so that said act shall, when amended, read as follows: Section 8823. The owner, agent or operator of any coal mine in this State, employing five or more persons, if said mine is worked on the room and pillar plan, shall cause the work in such mine to be prosecuted in the following manner, and none other, to-wit: Two entries must be driven pa rallel for the ingress and egress of the air, and crosscuts must be made at intervals not to exceed fifty feet apart, and no rooms, entries or other openings shall be allowed to start inside of the last crosscut until the next one be made; and further, that it shall be unlawful for any owner, operator or agent for any person, persons, corporation or company to permit the mouth or mouths [of] worked out or abandoned rooms or entries in any coal mine to remain open for a period exceeding one month from the date of abandonment of any such room, rooms, entry or entries. All such abandoned work as designated must be securely sealed in such mamer as will effectually prevent the escape of all gases or other impurities calculated to vitiate the ventilative current of a mine: Provided, That the sealing of rooms and entries herein provided for shall only be required in such mines and places therein as the mine inspector shall in his discretion deem necessary for insuring the health and safety of workmen therein. Approved March 22, 1907.
(Page 364.) SECTION 1. The State mine inspectors of lead mines, zinc mines and mines other than coal are hereby authorized, empowered and directed to thoroughly inspect all underground excavations in all lead mines, zinc mines and mines other than coal, as often as the inspector may deem proper after the passage and approval of this act, to ascertain the condition of said underground excavations with [respect] to the safety of all employees working in such underground excavations; and, if after such examination, the inspectors shall find that the safety of the employees engaged in working in such excavations is imperiled by reason of [there] being only one shaft or outlet by which a distinct means of ingress and egress is always available to such employees, it shall be the duty of such inspectors to immediately notify the owner, agent or operator of such mine, in writing, specifying the particular underground excavation so found to be unsafe or dangerous, and direct the owner, agent or operator to, within thirty days after receiving such notice, commence to sink another shaft or outlet for such underground excavation, at [some) point to be agreed to by such inspector, and prosecute the sinking of such shaft or outlet with all due diligence until the same is completed. And the State mine inspectors aforesaid shall have power, if they deem it for the safety of the employees, to order all employees engaged in working in such underground excavations so found to be unsafe or dangerous to quit work until such other shaft or outlet shall have been completed, or until further notified by such inspector.
SEC. 2. The State mine inspectors for lead mines, zinc mines and other mines other than coal are hereby authorized, empowered and directed to thoroughly inspect all underground excavations in all lead mines, zinc mines and mines other than coal, as often as the inspector may deem proper, from and after the passage and approval of this act, and ascertain the condition of such umderground excavations with respect to the health of employees engaged in working in such underground excavations; and, if after such examination, the inspector shall find that the health of the employees is impaired by reason of there not being sufficient circulation of air or ventilation for such employees, it shall be the duty of such inspector to immediately notify the owner, agent or operator of such mine, in writing, specifying the underground excavation so found to be unhealthful, and direct such owner, agent or operator of such mine to, within fifteen days after receiving such written notice, commence to drill a sufficient number of air holes for such underground excavation, at some point or points to be agreed to by such inspectors, and prosecute the drilling of such air hole or holes with all due diligence until they are completed. And the inspectors shall have power, if they deem it for the interest of the employees, to order all employees engaged in working in such underground excavations so affected by said notice to quit work until such air hole or holes shall have been completed, or until further notified by such inspector.
Sec. 3. Every person, owner, agent or operator of any lead mines, zinc mines or mines other than coal, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a term not exceeding six months, or by a fine not less than one hundred dollars for each offense, or by both such fine and imprisonment.
Approved March 18, 1907,
Employment of children-school attendance-St. Louis.
(See Bulletin No. 73, pp. 736-738.)
ACTS OF 1907.
CHAPTER 48.--Liability of employer's for injuries to employees-Railroad
(See Bulletin No. 74, p. 72.)
CHAPTER 52.-Time to vote to be alloued employees.
SECTION 34. Any person entitled to vote at a primary election 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 any deduction be made, on account of such absence, from his usual saiary or wages: Provided, however, That application for such leave of absence shall be made prior to the day of the primary.
The employer may specify the hours during which the employee may absent himself.
Approved April 3, 1907.
CHAPTER 66.--Employment of children-General provisions.
(See Bulletin No. 73, pp. 742-747.)
CHAPTER 112.-Rates of wages on public roads.
SECTION 2. * * * When necessary in his judgment, such officer [in charge of road work) may, upon one day's notice, written or verbal, communicated in person or by telephone, call out any able-bodied man under fifty years of age, or any team or teams owned by any person in the district, to perform such work upon any road, bridge or culvert in his district as he may direct not exceeding two days at any one time. Going wages to be paid for such men and teams for the time actually worked. SEC. 3. *
Such highways [used for rural free delivery mail routes] shall be kept properly drained and dragged and free from all obstructions, including snowdrifts, so as to be at all times in good condition for ordinary travel, and he [the officer in charge of road work] shall pay for the shoveling out of snowdrifts not to exceed 20 cents per hour for one man, and not to exceed 40 cents per hour for a man with team and scraper.
Approved April 6, 1907.
CHAPTER 131.- Employment of children-School attendance.
(See Bulletin No. 73, pp. 741, 742.)
CHAPTER 151.-Age of employment of night telegraph operators, etc., on railroads.
SECTION 1. It shall be unlawful for any common carrier within this State to put in charge of any telegraph office or signal tower, between the hours of seven o'clock in the evening and seven o'clock in the morning, any telegraph operator or towerman whose duty it shall be to assist in the movement of trains, unless such telegraph operator or towerman shall have reached the age of at least twenty-one years: Prorided, This act shall not apply when such common carrier is engaged in relieving its tracks of a train wreck, an act of God, or some public calamity.
SEC. 2. Any common carrier within this State who shall violate the provisions of section one of this act shall be deemed guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be fined in any sum of not less tban five nor more than fifty dollars for every night any such minor person is so employed in charge of every such railway station or tower.
Approved March 29, 1907.
CHAPTER 160.-Eremption of rages from attachment, etc.
SECTION 1. Section 1529 [Code 531a) of (obbey's Annotated Statutes of Nebraska of 1:903 hereby amended to read as follows:
Section 1529. The wages of all persons who are heads of families, in the hands of those by whom such persons may be employed, both before and after such wages shall be due, sball be exempt from the operation of attachment, execution and garnishee process to the extent of ninety per cent of the amount of such wages: Provided, That nothing in this act shall be so construed as to protect the wages of persons who have or are about to abscond or leave the State, from the provisions of law now in force upon that subject. Approved April 9, 1907.
CHAPTER 171.-Bribery, etc., of employees. SECTION 1. Whoever gives, offers or promises to an agent, employee or servant, any gift or gratuity whatever, without the knowledge and consent of the principal, employer or master of such agent, employee or servant, with intent to influence his action in relation to his principal's, employer's or master's business; or an agent, employee or servant who without the knowledge and consent of his principal, employer or master, requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial to himself, under an agreement or with an understanding that he shall act in any particular manner to his principal's, employer's or master's business; or an agent employee or servant, who, being authorized to procure materials, supplies or other articles either by purchase or contract for his principal, employer or master, or to employ service or labor for his principal, employer or master, receives directly or indirectly, for himself or for another a commission, discount or bonus from the person who makes such sale or contract, or furnishes such materials, supplies or other articles, or from a person who renders such service or labor; and any person who gives or offers such an agent, employee or servant such commission, discount or bonus shall be guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by such fine and by imprisonment in the county jail for not more than one year.
Approved February 26, 1907.
ACTS OF 1907.
CHAPTER 41.--Accidents on railroads. SECTION 30. Every railroad shall, whenever an accident attendant with loss of human life occurs within this State, upon its line of road or on its depot grounds or yards, give immediate notice thereof to the [railroad] commission. In the event of any such accident, the commission, if it deem the public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless, for greater convenience of those concerned, it shall order such investigation to be held at some other place, and said investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall seasonably notify an officer or station agent of the company of the time and place of the investigation. The cost of such investigation shall be certified by the chairman of the commission, and the same shall be audited and paid by the State in the same manner as other expenses are audited and paid and a record or file of said proceedings and evidence shall be kept by said commission.
Approved March 5, 1907.
CHAPTER 150.- Trademarks of trade unions.
SECTION 1. Every person or association or union of workingmen or others that has adopted or shall adopt for their protection any label, trade-mark or form of advertisement, may file the same for record in the office of the secretary of state by leaving two copies, counterparts or facsimilies thereof with the secretary of state. Said secretary shall thereupon deliver to such person, association or union so filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of two ($2) dollars. Such certiticate of record shall in all actions and prosecutions, under the following three sections be suflicient proof of the adoption of such label, trade-mark or form of advertisement, and the right of said person, association or union to adpot the same.
SEC. 2. Every person, association or union adopting a label, trade-mark, or form of advertisement, as specified in the preceding section, may proceed by action to enjoin the manufacture, use, display or sale of any counterfeit or imitation thereof; and all courts having jurisdiction of such actions shall grant injunctions to restrain such manufacture, use, display or sale and a reasonable attorney's fee, to be fixed by the court, and shall require the defendant to pay to such person, association or union the profits derived from such wrongful manufacture, use, display or sale, and a reasonable attorney's fee to be fixed by the court, and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to au officer of the court to be destroyed. Such actions may be prose