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Labor

spiracy.

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CHAPTER 229.-Employment of labor-False representations. SECTION 1. It shall be unlawful for any person, partnership, company, corporation, association, or organization of any kind, doing business in this State directly or through any agent or attorney, to induce, influence, persuade, or engage any person to change from one place to another in this State or to change from any place in any State, territory, or country to any place in this State, to work in any branch of labor, through or by means of knowingly false representations, whether spoken, written, or advertised in printed form, concerning the kind or character of such work, the compensation therefor, the sanitary conditions relating to or surrounding it, or the existence or nonexistence of any strike, lockout, or other labor dispute affecting it and pending between the proposed employer or employers and the persons then or last theretofore engaged in the performance of the labor for which the employee is sought.

SEC. 2. Any violation of section one or section two hereof shall be deemed a misdemeanor, and shall be punished by a fine of not exceeding two thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.

CHAPTER 235.-Labor combinations not unlawful.

SECTION 1. No agreement, combination, or contract by or between ments not con- two or more persons to do or procure to be done, or not to do or procure not to be done, any act in contemplation or furtherance of any trade dispute between employers and employees in the State of California shall be deemed criminal, nor shall those engaged therein be indictable or otherwise punishable for the crime of conspiracy, if such act committed by one person would not be punishable as a crime, nor shall such agreement, combination, or contract be considered as in restraint of trade or commerce, nor shall any restraining order or injunction be issued with relation thereto. Nothing in this act shall exempt from punishment, otherwise than as herein excepted, any persons guilty of conspiracy, for which punishment is now provided by any act of the legislature, but such act of the legislature shall, as to the agreements, combinations, and contracts herein before referred to, be construed as if this act were therein contained: Provided, That nothing in this act shall be construed to authorize force or violence, or threats thereof.

Eight hours a day's work.

Contracts waiv

ages.

COLORADO.
CONSTITUTION.

ARTICLE 5.-Hours of labor in mines, smelters, etc.

SECTION 25a (adopted Nov. 3, 1902). The general assembly shall provide by law, and shall prescribe suitable penalties for the violation thereof, for a period of employment not to exceed eight (8) hours within any twenty-four (24) hours (except in cases of emergency where life or property is in imminent danger), for persons employed in underground mines or other underground workings, blast furnaces, smelters; and any ore reduction works or other branch of industry or labor that the general assembly may consider injurious or dangerous to health, life or limb.

ARTICLE 15.-Contracts of employees waiving right to damages.

SECTION 15. It shall be unlawful for any person, company or corpoing right to dam- ration to require of its servants or employees, as a condition of their employment or otherwise, any contract or agreement whereby such person, company or corporation shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation by reason of the negligence of such person, company or corporation, or the agents or employees thereof, and such contracts shall be absolutely null and void.

ARTICLE 16.-Mine regulations.

SECTION 2. The general assembly shall provide by law for the proper Provisions preventilation of mines, the construction of escapement shafts, and such scribed. other appliances as may be necessary to protect the health and secure

the safety of the workmen therein; and shall prohibit the employment Age limit.

in the mines of children under twelve years of age.

SEC. 3. The general assembly may make such regulations, from time Drainage. to time, as may be necessary for the proper equitable drainage of mines.

MILLS' ANNOTATED STATUTES OF 1891.

CHAPTER 15.-Blacklisting.

Penalty.

SECTION 239. No corporation, company or individual shall blacklist Blacklisting. or publish, or cause to be blacklisted or published, any employee, mechanic or laborer, discharged by such corporation, company or individual, with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company or individual. SEC. 240. If any officer, or agent of any corporation, company or individual, or other person, shall blacklist, or publish, or cause to be blacklisted or published, any employee, mechanic, or laborer, discharged by such corporation, company or individual, with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment, from any other corporation, company or individual, or shall in any manner conspire or contrive by correspondence, or otherwise, to prevent such discharged employee from securing employment, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty (50), nor more than two hundred and fifty (250) dollars, or be imprisoned in the county jail not less than thirty, nor more than ninety days, or both.

CHAPTER 21.—Bureau of labor statistics.

Deputy.

SECTION 299. There is hereby established a separate and distinct Bureau estabbureau to be known as the bureau of labor statistics of the State of lished. Colorado, which bureau shall be charged with the collection of statistics pertaining to the internal resources of the State, labor and agri- Commissioner. cultural. The secretary of state shall be designated the ex officio commissioner of said bureau. He shall appoint a deputy within ten (10) days after the approval of this act, who shall hold his office for the term of two years. He shall be an elector of this State, well versed in the collection of statistics, and matters relating thereto. The deputy of statistics shall, within twenty days after receiving his commission, and before entering upon the duties of his office, give bonds to the State of Colorado in the sum of two thousand ($2,000) dollars to be approved by the attorney general. Said deputy shall receive an annual salary of eighteen hundred dollars ($1,800), payable as other State officers.

SEC. 300. The duties of the commissioner shall be to collect, sys- Duties. tematize, and present in biennial reports to the legislature, statistical details relating to all departments of labor in the State, such as the hours and wages of labor, cost of living, amount of labor required, estimated number of persons depending on daily labor for their support, the estimated number of persons employed by the several industries within the State, the operation of labor-saving machinery in its relation to hand labor etc. Said statistics may be classified as follows: 1st. In agriculture.

2nd. In mining.

3rd. In mechanical and manufacturing industries.

4th. In transportation.

5th. In clerical and all other skilled and unskilled labor not above mentioned.

6th. The amount of cash capital invested in lands, in building and machinery, severally, and means of production and distribution generally.

Classes of statistics.

Duties of State officers, etc.

Hindering commissioner.

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7th. The number, age, sex and condition of persons employed; the nature of their employment; the extent to which the apprenticeship system prevails in the various skilled industries; the number of hours of labor per day; the average length of time employed per annum, and the net wages received in each of the industries and employments within the State.

8th. The number and condition of the unemployed, their age, sex and nationality, together with the cause of their idleness.

9th. The sanitary conditions of lands, workshops, dwellings; the number and size of rooms occupied by the workers etc.; the cost of fuel, rent, food, clothing and water in each locality of the State; also the extent to which labor-saving processes are employed to the displacement of hand labor.

10th. The number and condition of the Chinese in the State; their social and sanitary habits; number of married and of single; the number employed and the nature of their employment; the average wages per day at each employment, and the gross amount yearly; the amount expended by them in rent, food and clothing, and in what proportion such amounts are expended for foreign and home productions respectively; to what extent their labor comes in competition with the other industrial classes of the State.

11th. The number, condition and nature of the employment of the inmates of the State prison, county jails and reformatory institutions, and to what extent their employment comes in competition with the labor of mechanics, artisans and laborers outside of these institutions.

12th. All such other information in relation to labor as the commissioner may deem essential to further the objects sought to be attained by this statute.

13th. A description of the different kinds of labor organizations in existence in the State, and what they accomplish in favor of the class for which they were organized.

SEC. 301. It shall be the duty of all State, county and precinct officers to furnish, upon the written request of the commissioner, all the information in their power necessary to assist in carrying out the . objects of this act.

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SEC. 302. Any person who willfully impedes or obstructs the commissioner in the full and free performance of his duties, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten (10) nor more than fifty ($50) dollars, or imprisonment not less than seven (7) nor more than thirty (30) days in the county jail, or both.

SEC. 304. The commissioner shall have power to send for persons whenever, in his opinion, it is necessary. And he may examine witnesses under oath, being hereby authorized to administer the same in the performance of his duty, and the testimony so taken must be filed and preserved in the office of said commissioner.

SEC. 307. If any difference shall arise between any corporation or person, employing twenty-five or more employees, and such employees, threatening to result, or resulting in a strike on the part of such employees, or a lockout on the part of such employer, it shall be the duty of the commissioner, when requested so to do by fifteen or more of said employees, or by the employers, to visit the place of such disturbance, and diligently seek to mediate between such employer and employees.

CHAPTER 26.-Employment of children.

SECTION 417. It shall be unlawful for any person, persons or corporation to employ any child under the age of fourteen to labor in any business whatever during the school hours of any school day of the school term of the public school in the school district where such child is, unless such child shall have attended some public or private day school where instruction was given by a teacher qualified to instruct in those branches required to be taught in the public school of the State of Colorado, or shall have been regularly instructed at home in such branches, by some person qualified to instruct in the same, at least twelve weeks in each year, eight weeks at least of which shall be consecutive, and shall, at the time of such employment, deliver to the

employer a certificate in writing, signed by the teacher, certifying to such attendance or instruction; and any person, persons or corporation who shall employ any child contrary to the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than twenty-five (25) dollars nor more than fifty (50) dollars, and all fines so collected shall be paid into the county treasury, and placed to the credit of the school district in which the offense occurs.

of

school directors.

SEC. 420. It shall be the duty of any school director of the district Duties to inquire into all cases of neglect of the duty prescribed in this act, and ascertain from the person neglecting, the reason, if any, therefor; and he shall forthwith proceed to secure the prosecution of any offense occurring under this act; and any director neglecting to secure such prosecution for such offense, within ten days after a written notice has been served on him by any taxpayer in said district, unless the person so complained of shall be excused by the district board of education for the reasons hereinbefore stated, shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than ten nor more than fifty dollars; and such fine, when collected, shall Penalty. be paid into the county treasury and placed to the credit of the school district in which the offense occurs. All actions for offenses committed under this act shall be prosecuted for in the name of the State of Colorado.

etc.

SEC. 422. Two weeks' attendance, at half time or night school, shall Night schools, be considered within the meaning of the article equivalent to an attendance of one week at a day school.

CHAPTER 36.-Labor organizations.

SECTION 1295. It shall not be unlawful for any two or more persons Working men to unite, or combine, or agree in any manner, to advise or encourage, may combine. by peaceable means, any person or persons to enter into any combination in relation to entering into or remaining in the employment of any person, persons or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regu- Objects. lating the hours of labor, or for the procuring of fair and just treatment from [for] employees, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this State or the laws made in pursuance thereof: Provided, That this act shall not be so construed as to permit two or Proviso. more persons, by threats of either bodily or financial injury, or by any display of force, to prevent or intimidate any other person from continuing in such employment as he may see fit, or to boycott or intimidate any employer of labor.

CHAPTER 37.-Right of action for injuries causing death.

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common car

SECTION 1508. Whenever any person shall die from any injury result- Negligence of ing from or occasioned by the negligence, unskillfulness or criminal employees of intent of any officer, agent, servant or employee, whilst running, con- riers. ducting or managing any locomotive, car or train of cars, or of any driver of any coach or other public conveyance whilst in charge of the same as a driver, * *the corporation, individual or individuals Liability. in whose employ any such officer, agent, servant, employee, master, pilot, engineer or driver shall be at the time such injury is committed, or who owns any such railroad, locomotive, car, stagecoach or other public conveyance at the time any such injury is received, and resulting from or occasioned by defect or insufficiency above described, shall forfeit and pay for every person and passenger so injured the sum of Damages. not exceeding five thousand (5,000) dollars, and not less than three thousand (3,000) dollars, which may be sued for and recovered; First-By the husband or wife of deceased, or

Second-If there be no husband or wife, or he or she fails to sue within one year after such death, then by the heir or heirs of the deceased, or

Third-If such deceased be a minor or unmarried, then by the father or mother, who may join in the suit, and each shall have an equal

Who may sue.

Death by wrongful act.

Liability.

Damages.

Limitation.

Sixty per cent of earnings exempt.

Proviso.

Earnings separate property.

Мар.

interest in the judgment; or if either of them be dead, then by the survivor. In suits instituted under this section it shall be competent for the defendant for his defense to show that the defect or insufficiency named in this section was not a negligent defect or insufficiency. The statute does not require that the widow or next of kin, in order to recover, shall have had a legal claim on deceased for support. 72 U. S. Rep. 90.

SEC. 1509. Whenever the death of a person shall be caused by a wrongful act, neglect or default of another, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the party injured.

This section does not give employees right of action for injuries resulting from the negligence of coemployees unless the latter were incompetent, unskillful, and habitually careless. 6 Colo. 503.

The employers' liability act of 1893, requiring notice of action, does not affect proceedings under this statute. 55 Pac. Rep. 736.

SEC. 1510. All damages accruing under the last preceding section shall be sued for and recovered by the same parties and in the same manner as provided in the first section of this act [section 1508], and in every such action the jury may give such damages as they may deem fair and just, not exceeding five thousand (5,000) [dollars], with reference to the necessary injury resulting from such death, to the surviving parties, who may be entitled to sue; and also having regard to the mitigating or aggravating circumstances attending any such wrongful act, neglect or default.

Mental anguish of survivors can not be compensated for: nor suffering of deceased prior to his death.

2 Colo. 465.

SEC. 1511. All actions provided for by this act shall be brought within two years from the commission of the alleged negligence resulting in the death for which the suit is brought.

CHAPTER 72.-Exemption of wages from execution, etc.

SECTION 2567 (as amended by chapter 5, Acts of 1894, and chapter 132, Acts of 1903). There shall be exempt from levy under execution or attachment or garnishment sixty per cent of the amount due for wages or earnings of any debtor at the time such levy is made under execution, attachment or garnishment of the same: Provided, Such debtor be, at the time of such levy under execution, attachment or garnishment, the head of a family or the wife of the head of a family, and such family resides in this State and is dependent, in whole or in part, upon such earnings for support: Provided, further, That when such wages or earnings do not exceed the sum of five dollars ($5) per week, at the time such levy is made under execution, attachment or garnishment, then, all such wages or earnings shall be exempt.

CHAPTER 83.-Earnings of married women.

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SECTION 3012. Any married woman may * perform any labor or services, on her sole and separate account, and the earnings of any married woman, from her ** * labor or services, shall be her sole and separate property, and may be used and invested by her in her own name; and she may sue and be sued as if sole, in regard to her * * labor, services and earnings, and her property acquired by * * * services, and the proceeds thereof, may be taken on any execution against her.

CHAPTER 85.-Mine regulations.

SECTION 3181. The owner or agent of each coal mine or colliery, in this State, employing ten or more men, shall make, or cause to be made, within six months after the passage of this act, an accurate map or plan of the workings of such coal mine or colliery, on a scale not exceeding one hundred feet to the inch, showing the bearings and

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