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 underground 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.

(Page 428.)

(See Bulletin No. 73, pp. 736–738.)

NEBRASKA.

ACTS OF 1907.

CHAPTER 48.-Liability of employers for injuries to employees-Railroad

companies.

(See Bulletin No. 74, p. 72.)

CHAPTER 52.-Time to vote to be allowed 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 salary 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 154.—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: Provided, 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 than 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.-Exemption of wages from attachment, etc.

SECTION 1. Section 1529 [Code 531a] of Cobbey's Annotated Statutes of Nebraska of 1903 is 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, shall 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.

NEVADA.

ACTS OF 1907.

CHAPTER 44.-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 180.—Trade-marks 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 certificate of record shall in all actions and prosecutions, under the following three sections be sufficient 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 an officer of the court to be destroyed. Such actions may be prose

cuted for the benefit of any association or union by any officers or members thereof.

SEC. 3. It shall be unlawful for any person or corporation to imitate any label, trade-mark or form of advertisement adopted as provided in the second preceding section, or to knowingly use any counterfeit or imitation thereof, or to use or display such genuine label, trade-mark or form or [of] advertisement or the name or seal of such person, union, or association, or of any officer thereof, unless authorized so to do, or in any manner not authorized by him or it. Any person violating any provisions of this section shall be imprisoned in the county jail not more than thirty days or be fined not less than twenty-five nor more than one hundred dollars.

Approved March 29, 1907.

CHAPTER 181.-Arbitration of labor disputes.

SECTION 1. Whenever a controversy concerning wages, hours of labor, or conditions of employment shall arise between an employer and his employees, seriously interrupting or threatening to interrupt the business of the employer, the governor shall, upon the request of either party to the controversy, with all practicable expedition, put himself in communication with the parties to such controversy, and shall use his best efforts, by mediation and conciliation, to amicably settle the same. He may either exercise such powers of conciliation himself, or appoint a commission for such purpose. If such efforts of conciliation shall be unsuccessful, the governor shall at once endeavor to bring about an arbitration of such controversy in accordance with the provisions of this act.

SEC. 2. That whenever such controversy shall arise between an employer and his employees which can not be settled by mediation and conciliation in the manner provided in the preceding section, such controversy may, with the consent of the parties to the controversy, be submitted to the arbitration of a board of three persons who shall be chosen in the manner following: One shall be named by the employer directly interested; the other by the labor organization to which the employees directly interested belong, or if they belong to more than one, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations. The two thus chosen shall select the third commissioner of arbitration, but in the event of their failure to name such arbitrator within five days after their first meeting, the three arbitrators shall be named by the governor. A majority of said arbitrators shall be competent to make a binding and valid award under the provisions hereof. The submission shall be in writing, shall be signed by the employer and by the labor organization or organizations representing employees, shall specify the time and place of meeting of such board of arbitration, shall state the questions to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate as follows:

First-That the board of arbitration shall commence their hearings within ten days from the date of the appointment of the third arbitrator, and shall find and file their award within thirty days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed: Provided, That no employee shall be compelled to render personal service without his consent.

Second-That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators, shall be filed in the clerk's office of the district court for the district wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.

Third-That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit: Provided, That no injunction or other legal process shall be issued which shall compel the performance by any laborer against his will of a contract for personal labor or service.

Fourth-That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of their intention so to quit. Nor shall the employer dissatisfied with such award dismiss any employee or employees on account of

such dissatisfaction before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of his intention so to discharge.

Fifth-That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of said one year if the award is not set aside as provided.

SEC. 3. That the award being filed in the clerk's office of the district court, as hereinbefore provided, shall go into practical operation, and judgment shall be entered thereon accordingly at the expiration of ten days from such filing, unless within such ten days either party shall file exceptions thereto for matter of law apparent on the record, in which case said award shall go into practical operation and judgment be entered accordingly when such exceptions shall have been finally disposed of either by said district court or on appeal therefrom. At the expiration of ten days from the decision of the district court upon exception taken to said award as aforesaid, judgment shall be entered in accordance with said decision, unless during said ten days either party shall appeal therefrom to the supreme court of the State of Nevada. In such case only such portion of the record shall be transmitted to the supreme court as is necessary to a proper understanding and consideration of the questions of law presented by said exceptions and to be decided. The determination of said supreme court upon said questions shall be final, and being certified by the clerk thereof to said district court, judgment pursuant thereto shall thereupon be entered by said district court. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award, but in such case the parties may agree upon a judgment to be entered disposing of the subject-matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon award.

SEC. 4. That for the purposes of this act the arbitrators herein provided for, or either of them, shall have power to administer oaths and affirmations, sign subpoenas, require the attendance and testimony of witnesses, and the production of such books, papers, contracts, agreements, and documents material to a just determination of the matters under investigation, as may be ordered by the courts; and may invoke the aid of the said courts to compel witnesses to attend and testify, and to produce such books, papers, contracts, agreements and documents as the courts shall determine to be material and competent evidence. SEC. 5. That every agreement of arbitration under this act shall be acknowledged by the parties before a notary public or clerk of the district court of the State, and when so acknowledged a copy of the same shall be filed with and recorded by the county recorder of the county in which the arbitration is entered into, and a copy shall also be sent to the governor who shall file the same in the office of the secretary of state, who shall cause a notice in writing to be served upon the arbitrators, fixing the time and place for a meeting of said board, which shall be within fifteen days from the execution of said agreement of arbitration: Provided, however, That the governor shall decline to call a meeting of the arbitrators under such agreement unless it be shown to his satisfaction that the employees signing the submission represent or include a majority of all the employees in the service of the same employer and of the same grade and class, and that an award pursuant to said submission can justly be regarded as binding upon all such employees.

SEC. 6. That during the pendency of arbitration under this act it shall not be lawful for the employer, party to such arbitration, to discharge the employees, parties thereto, except for inefficiency, violation of law, or neglect of duty; nor for the organization representing such employees to order, nor for the employees to unite in, aid or abet, strikes against said employer; nor, during a period of three months after an award under such an arbitration, for such employer to discharge any such employees, except for the causes aforesaid, without giving thirty days' written notice of an intent so to discharge; nor for any of such employees, during a like period, to quit the service of said employer without just cause, without giving to said employer thirty days' written notice of an intent so to do; nor for such organization representing such employees to order, counsel, or advise otherwise. Any violation of this section shall subject the offending party to liability for damages: Provided, That nothing herein contained shall be construed to prevent any employer, party to such arbitration,