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ACTS OF 1912-13.

CHAPTER 150.-Public service employees-Hours of labor-
Wages-Accidents.

SECTION 8.

Par. 6. *

The [public utilities] commission shall also ascertain in detail the gross and net income of the public utility from all sources, the amounts paid for salaries to officers and the wages paid to its employees, and the maximum hours of continuous service required Information of each class. Whenever the information required by this paracovered in re- graph is obtained it shall be printed in the annual report of the port. commission. In making such investigation the commission may avail itself of any information in possession of any department of the Government of the United States or of the Commissioners of the District of Columbia.

Reports accidents.

of Par. 89. Every public utility shall, whenever an accident attended with loss of human life or personal injury without loss of human life occurs within the District of Columbia, upon its premises, or directly or indirectly arising from or connected with its maintenance or operation, give immediate notice thereof to the 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.

FLORIDA.

GENERAL STATUTES-1906.

Emigrant agents.

SECTION 476. All persons, whether acting as individuals or as emigrant agents or the employer or employee of such agents, who shall seek to influence and by such persuasion cause the removal of any inhabitant from this State, or who shall seek to entice away from this State labor in this State by any representation whatever, shall be subject to a license tax of five hundred dollars in each county where such business is carried on.

Shipping masters.

License tax.

be

SECTION 1287. There shall be created in and for the several Shipping ports of this State, one or more shipping masters, to be appointed masters to appointed. by the mayor with the consent of the common council of each city" or incorporated town in this State, whose business it shall be to provide and ship crews for vessels and seamen, in accordance with the laws of the United States, whenever required to do so, by proper authority, representing the vessels or owners.

Bonds re

SEC. 1288. Before obtaining the license hereinafter provided for, said shipping master shall execute a bond, with two good and quired. sufficient sureties, to be approved by the mayor, in the sum of $2,000, payable to the mayor and his successors in office, conditioned for the honest and faithful transaction of all business appertaining to his office and occupation; and if any shipping master, or any other person by his consent, procurement, advice or connivance, shall be found guilty of harboring, concealing or enticing away any marine or seaman from a vessel, or encouraging any marine or seaman to mutiny or disobey lawful orders, he or they shall, in addition to the punishment provided by law for every such offense under this chapter, forfeit for the use of the port or town for which he is appointed, not less than one hundred nor more than one thousand dollars; the cause to be tried in the proper court on complaint of the mayor or party aggrieved.

SEC. 1289. The mayor and council may grant license in con- Regulations to formity to this chapter, under such rules and regulations as they be prescribed. may prescribe, and such ordinances and orders as in their judgment may be most conducive to the interests of their port, and for the government of the shipping and for the welfare and protection of the marine and seamen, subject to the laws of the United States, and for the direction and government of said shipping masters as they may deem proper; and the same at any time may amend or revoke, and may impose fines for the violation of such rules, ordinances, orders and regulations, provided such fines so imposed by city or town authority under this chapter shall not exceed $50 for each offense in violating said rules, orders and regulations or ordinances.

Exemption of wages from attachment.

SECTION 2530. No writ of attachment or garnishment or other Earnings of process shall issue from any of the courts of this State to attach head of family or delay the payment of any money or other thing due to any per-' exempt. son who is the head of a family residing in this State, when the money or other thing is due for the personal labor or services of

such person.

39387°-Bull. 148-14- -30

465

Ten hours a day's work.

Extra pay.

Limit of thirteen hours.

Hours of labor.

SECTION 2641. Ten hours of labor shall be a legal day's work, and whenever any person employed to perform manual labor of any kind by the day, week, month or year renders so many hours of labor, he shall be considered as having performed a legal day's work, unless a written contract has been signed by the person so employed and the employer, requiring a less or greater number of hours of labor to be performed daily.

SEC. 2642. Unless such written contract has been made, the person employed shall be entitled to extra pay for all work performed by the requirement of his employer in excess of ten hours' labor daily.

Hours of labor of employees on railroads,

SECTION 2843. It shall be unlawful for any railroad doing business in this State to require or permit its employees who are engaged in the business of operating its trains over its roads, to make runs of over thirteen hours, or make runs aggregating more than thirteen hours in any twenty-four hours, except when such train is detained by reason of casualty, or other cause, from reaching its destination on schedule time, and no conductors and engineers, after having been on a run or runs for as much as thirteen hours out of every twenty-four hours, shall be required to again go on duty until after eight hours' rest, except in the case Eight hours' above stated. No employee of any railroad company shall be deprived of his right to recover damages for personal injury by reason of the fact that he, at the time of such injury, was making a run of more than thirteen hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours before eight hours' rest.

rest.

Penalty.

Blacklisting.

Act strued.

con

Liability for damages.

Any railroad violating any of the provisions of this section shall be subject to a forfeiture of not less than fifty nor more than five hundred dollars; all forfeitures collected under the provisions of this section, shall be paid into the State treasury to the credit of the school fund.

SECTION 2854. If any railroad company or other corporation doing business in this State, or any person, agent or employer of any such company or corporation, after having discharged any employee from the service of any such company or corporation, shall attempt to prevent, by word or writing, sign or other means, directly or indirectly, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent, employer, company or corporation shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding five hundred dollars or less than one hundred dollars, and such person, agent, employer, company or corporation shall be liable in damages to such discharged person, to be recovered by civil action; but this section shall not be construed as prohibiting any person, agent, employer, company or corporation from giving in writing to any other person, company or corporation to whom such discharged person has applied for employment a truthful statement of the reasons for such discharge; and shall furnish to such discharged employee, on his application, to such address as may be given by such discharged employee, within ten days after such application made as aforesaid, a true copy of any such written statement.

SEC. 2855. If any railroad company or other corporation doing business in this State shall authorize or permit, with its knowledge and consent, any of its officers, agents, employers or employees to commit either or any of the acts prohibited by the preceding section, such railroad company or corporation shall be liable in damages to such employee so prevented from obtaining employment, to be recovered by him in a civil action. Statement of SEC. 2856. It shall be the duty of any person, officer, agent, employer, company or corporation, after having discharged any employee from the service of any such company or corporation, upon

cause

charge.

of

dis

written demand by such employee, to furnish to him, within ten days from the application for the same, a full statement in writing of the cause or causes of his discharge, and if any such person, officer, agent, employer, company or corporation as aforesaid shall refuse within ten days after demand as herein provided to furnish such statement to such discharged employee, it shall be ever after unlawful for any such person, officer, agent, employer, company or corporation to furnish any statement of the cause of such discharge to any person or corporation, or to in any way blacklist, or to prevent such discharged employee from procuring employment elsewhere, subject to the penalties prescribed in section 2854. And on the trial of any person, company or corporation for a violation of the provisions of sections 2854, 2855, 2856, 2857 or 2858, any other person who may have authorized or permitted, with knowledge and consent as aforesaid, any such offense, or who may have participated in the same, shall be a competent witness, and be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him in any prosecution against the said witness, except on an indictment for perjury in any matter to which he may have testified; and on the trial of any such person for any violation of said sections the prosecution shall have the authority and process of the court trying the case to compel the production in court, to be used in evidence in the case, of the books and papers of any such person, company or corporation, and a failure to produce the same, after such reasonable notice as the court may in each case provide, shall be in contempt of court, and punishable as such against the custodian or person, company or corporation having the control or in charge of such books and papers who shall fail to produce the same: Provided, That such written cause of the discharge, when so made as aforesaid, at the request of such discharged employee, shall never be used as the cause for an action for slander or for libel, either civil or criminal, against the person or authority furnishing the same.

Proviso.

have informa

SEC. 2857. It shall be the duty of any person, company or cor- Employee to poration who has received any request or notice in writing, sign, tion. word or otherwise from any person, company or corporation preventing or attempting to prevent the employment of any person discharged from the service of either of the latter, on demand of such discharged employee, to furnish to such employee within ten days after such demand a true statement of the nature of such request or notice, and if in writing, a copy of the same, and if a sign, the interpretation thereof, with the name of the person, company or corporation furnishing the same, with the place of business of the person or authority furnishing the same; and a violation of this section shall subject the offender to all the penalties, civil and criminal, provided by the foregoing sections. SEC. 2858. The provisions of the four preceding sections shall Application. apply to and prevent, under all the penalties aforesaid, railroad companies or corporations under the same general management and control but having separate divisions, superintendents or master mechanics, master machinists, or similar officers, for separate or different lines, their officers, agents and employees, from preventing or attempting to prevent the employment of any such discharged person by any other separate division or officer or agent or employer of any such separate railroad line or lines.

*

Accidents on railroads, etc.-Reports.

Reports re

SECTION 2905 (as amended by chapter 6527, Acts of 1913). quired. * All common carriers shall report, as required by the [railroad] commissioners, all accidents, wrecks, derailments and explosions which occur on their respective lines, with such particulars and in such form as the commissioners may prescribe, but no such report shall be competent evidence in any court against the common carriers making it in any court.

Damage caused by operation of cars, etc.

Liability of railroad companies for injuries to employees. SECTION 3148. A railroad company shall be liable for any damage done to persons, stock or other property, by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the employ and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company. SEC. 3149. No person shall recover damages from a railroad company for injury to himself or his property, where the same is Comparative done by his consent, or is caused by his own negligence. If the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished or increased by the jury in proportion to the amount of default attributable to him.

Negligence.

negligence.

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SEC. 3150. If any person is injured by a railroad company by the running of the locomotives or cars, or other machinery of such company, he being at the time of such injury an employee of the company, and the damage was caused by the negligence of another employee, and without fault or negligence on the part of the person injured, his employment by the company shall be no bar to a recovery. No contract which restricts such liability shall be legal or binding.

The doctrine of comparative negligence, set forth in section 3149, does not apply to employees, who must, according to section 3150, be "without fault." 24 So. 148.

The abrogation of the defense of fellow-service is not discriminatory and is constitutional. 50 So. 428.

The act does not apply to mining railroads. 54 So. 904.

A negligent employee can not recover even though his negligent act was performed under the orders of a superior. 15 So. Rep. 876.

If, however, the injury resulted from the performance of an act in which the injured employee had no part he is presumed to be free from fault. 24 So. Rep. 148.

The provision as to restrictive contracts is not void. It does not forbid the giving of a release subsequent to the happening of the accident causing injury. 45 So. Rep. 761.

Enticing employees.

SECTION 3232. Whoever shall entice or persuade by any means whatsoever any tenant, servant or laborer, under contract with another, whether written or verbal, to violate such contract, or shall employ any servant or laborer, knowing him or her to be under contract as aforesaid, shall be punished by imprisonment not exceeding sixty days, or by fine not exceeding one hundred dollars.

Protection of employees as traders.

SECTION 3233. Any person or persons, firm, joint stock company, association or corporation organized, chartered or incorporated by and under the laws of this State, either as owner or lessee, having persons in their service as employees, who shall discharge any employee or employees or threaten to discharge any employee or employees in their service for trading or dealing, or for not trading or dealing as a customer or patron with any particular merchant or other person or class of persons in any business calling, or shall notify any employee or employees either by general or special notice, directly or indirectly, secretly or openly given, not to trade or deal as a customer or patron with any particular merchant or person or class of persons in any business or calling, under penalty of being discharged from the service of such person, firm, joint stock company, corporation or association shall be punished by fine not exceeding one thousand dollars or imprisoned not exceeding one year.

SEC. 3234. Any person acting as an officer or agent of any firm, joint stock company, association or corporation of the kind and character as described in the preceding section or for any one of

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