Cornell University Library gll lll HD7835.W8A4 1916 ^^ Labor laws of the state of Wyoming. 3 1924 002 405 664 i LABOR LAWS OF THE State of Wyoming PUBUSHED BY WYOMING LABOR JOURNAL COMPANY CHEYENNE 1916 .Bliilii THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY LABOR LAWS OF THE STATE OF WYOMING / Compiled by FRANK L. HOUX Secretary of State PUBUSHED BY WYOMING LABOR JOURNAL COMPANY CHEYENNE 1916 FOREWORD. In addition to the constitutional and statutory provisions which, under a strict classification, naturally belong in a compilation of labor laws, there are included in this work some of the fundamental prin- ciples of the constitution guaranteeing and protecting the rights of all citizens alike ; a number of statutory provisions closely connected with the administration of labor laws; some of the laws for the pro- tection of women and children, and one or two measures not in any sense labor laws, but championed by the labor organizations. Practically all the laws are given in full. In a few chapters, in order to save space, one or more sections have been condensed into a brief summary. Reference to certain statutes which do not appear to have a place in such a compilation as this, but which are all of more or less interest to employers and employees, are given in the body of the work. Labor Laws of the State of Wyoming CONSTITUTION. Article I. — ^Declaration of Rights. Sec. 2. In their inherent right to life, liberty and =«"»!"? "f *"■ the pursuit of happiness, all members of the human race are equal. Sec. 3. Since equality in the enjoyment of natural f^g^tg.'^''"*"'*^ and civil rights is made sure only through political equality, the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than individual incompe- tency, or unworthiness duly ascertained by a court of competent jurisdiction. Sec. 4. The right of the people to be secure in their slS^ Against persons, houses, papers and effects against unreason- able searches and seizures shall not be violated, and no warrant shall issue but upon probable cause, supported by affidavit, particularly describing the place to be searched or the person or thing to be seized. Sec. 5. No person shall be imprisoned for debt ex- Deb^-impris- „ „ , onment for. cept m cases of fraud. Sec. 6. No person shall be deprived of life, liberty propeJ^^"^^' or property without due process of law. Sec. 7. Absolute, arbitrary power over the lives, bura^^Power.'*'' liberty and property of freemen exists nowhere in a republic, not even in the largest majority. Sec. 8. All courts shall be open and every person ^JJ"*^ °p*" *" for an injury done to person, reputation or property shall have justice administered without sale, denial or delay. Suits may be brought against the state in such manner and in such courts as the legislature may by law direct. 3 2,^3^f LABOR LAWS OF THE STATE OF WYOMING Trial by Jury Inviolate. Bight of Accused to Defend Accused Shall Noti Incriminate Himself. Bail — Not Ex- cessive. Free Speech- Libel. Petition — Bight of. Iiabor — Protec- tion of. Sec. 9. The right of trial by jury shall remain in- violate in criminal cases, but a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law. Hereafter a grand jury may consist of twelve men, any nine of whom concurring may find an indict- ment, but the legislature may change, regulate or abol- ish the grand jury system. Sec. 10. In all criminal prosecutions the accused shall have the right to defend in person and by counsel, to demand the nature and cause of the accusation, to have a copy thereof, to be confronted with the wit- nesses against him, to have compulsory process served for obtaining witnesses, and to a speedy trial by an impartial jury of the county or district in which the offense is alleged to have been committed. Sec. 11. No person shall be compelled to testify against himself in any criminal case, nor shall any per- son be twice put in jeapordy for the same offense. If the jury disagree, or if the judgment be arrested after a verdict, or if the judgment be reversed for error in law, the accused shall not be deemed to have been in jeopardy. Sec. 14. All persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor smII cruel or unlawful punishment be inflicted. Sec. 20. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right; and in trials for libel, both civil and crim- inal, the truth, when published with good intent and for justifiable ends, shall be a sufficient defense, the jury having the right to determine the facts and the law, under direction of the court. Sec. 21. The right of petition, and of the people .peaceably to assemble to consult for the common good, and to make known their opinions, shall never be de- nied or abridged. Sec. 22. The rights of labor shall have just pro- tection through laws calculated to secure to the laborer proper rewards for his service and to promote the in- dustrial welfare of the state. LABOR LAWS OF THE STATE OF WYOMING S Sec. 29. No distinction shall ever be made by law A'i*"^' Kie^s. between resident aliens and citizens as to the posses- .sion, taxation, enjoyment and descent of property. Article IX. — Mines and Mining. Section 1. There shall be established and main- inspector of tained the office of inspector of mines, the duties and salary of which shall be prescribed by law. When said office shall be established, the governor shall, with the advice and consent of the senate, appoint thereto a per- son proven in the manner provided by law to be com- petent and practical, whose term of office shall be two years. Sec. 2. The legislature shall provide by law for the Laws Must Be proper development, ventilation, drainage and opera- tion of all mines in this state. Sec. 3. No boy under the age of fourteen years and ^nes— iiestrio- no woman or girl of any age shall be employed or per- tions. mitted to be in or about any coal, iron or other danger- ous mines for the purpose of employment therein ; pro- vided, however, this provision shall not affect the em- ployment of a boy or female of suitable age in an office or in the performance of clerical work at such mine or colliery. Sec. 4. For any injury to person or property caused ^^^'Jujl^ri^"""" by wilful failure to comply with the provisions of this article, or laws passed in pursuance hereof, a right of action shall accrue to the party injured, for the damage sustained thereby, and in all cases in this state, when- ever the death of a person shall be caused by wrongful act, neglect or default, such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, the per- son who, or the corporation which would have been lia- ble, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured, and the legislature shall provide by law at its first session for the manner in which the right of action in respect thereto shall be enforced. Article X. — Corporations. Sec. 4. No law shall be enacted limiting the amount Ltait^^^~^° of damages to be recovered for causing the injury or death of any person. Any contract or agreement with LABOR LAWS OF THE STATE OF WYOMING Workmen's pensation. Corn- Amendment in Force Dec. 26, 1914. any employe waiving any right to recover damages for causing the death or injury of any employee shall be void. As to all extra hazardous employments the legisla- ture shall provide by law for the accumulation and maintenance of a fund or funds out of which shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of in- juries due solely to the culpable negligence of the in- jured employee. Such fund or funds shall be accumu- lated, paid into the state treasury and maintained in such manner as may be provided by law. The right of each employee to compensation from such fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to such fund in favor of any person or persons by reason of any such injuries or death. Eight-bonr Day. Aliens Not to Be Employed on Public Works. Courts of Arbi- tration for La- bor Disputes. Importing Police Force ProWbited. Article XIX. — Miscellaneous. Section 1. Eight (8) hours actual work shall con- stitute a lawful day's work in all mines, and on all state and municipal works. Section 1. No person not a citizen of the United States or who has not declared his intentions to be- come such, shall be employed upon or in connection with any state, county or municipal works or employ- ment. Sec. 2. The legislature shall, by appropriate legis- lation, see that the provisions of the foregoing section are enforced. Section 1. The legislature shall establish courts of arbitration, whose duty it shall be to hear, and deter- mine all differences, and controversies between organi- zations or associations of laborers, and their employers, which shall be submitted to them in such manner as the legislature may provide. Section 1. No armed police force, or detective agency, or armed body, or unarmed body of men, shall ever be brought into this state, for the suppression of domestic violence, except upon the application of the LABOR LAWS OF THE STATE OF WYOMING / legislature, or executive, when the legislature cannot be convened. Section 1. It shall be unlavrful for any person, com- certata^'Kinds*^' pany or corporation, to require of its servants or em- ProhiMted. ployees as a condition of their employment, or other- wise, 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 corpora- tion, by reason of the negligence of such person, com- pany or corporation, or the agents or employees there- of, and such contracts shall be absolutely null and void. Section 1. The legislature may provide by law for Arbitration, the voluntary submission of differences to arbitrators for determination, and said arbitrators shall have such powers and duties as may be prescribed by law, but they shall have no power to render judgment to be obligatory on parties, unless they voluntarily submit their matters of difference and agree to abide by the judgment of such arbitrators. STATUTES. Wyoming Compiled Statutes, 1910; Session LaAvs. 1911, 1913, and 1915. Section numbers refer to the Compiled Statutes, 1910, unless otherwise indicated. MINES AND MINING. Eight-Hour Day. Sec. 3499. The period of employment of working ^"*j?s °w- men in all underground mines or workings shall be eight (8) hours per day, except in case of emergency where life or property is in imminent danger. Sec. 3500. The period of employment of working Keduction men in smelters, stamp mills, sampling works, conceu- traters and all other institutions for the reduction of ores, and refining of ores or metals, shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger. LABOR LAWS OF THE STATE OF WYOMING Penalty. Day Defined. Time Defined. Penalty. Sec. 3501. Any person or persons, body corporate, agent, manager or employer who shall violate any of the provisions of Sections 3499 or 3500 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for each offense, be subject to a fine of not less than one hundred dollars or more than five himdrcd dollars, or by imprisonment in the county iail for a period of not less than one (1) month or more than six (6) months or by both such fine and imprisonment. Sec. 3502. In all contracts hereafter made between any owner, lessee or operator of any coal mine, with any such miner or laborer for his services as such, the word day when used shall be construed to be eight hours; Provided, That nothing in this section nor in Sections 3502 or 3503 contained shall be construed to prohibit or prevent any such owner, lessee or operator from operating his or its coal mine more than eight hours in any twenty-four. Sec. 3503. The eight hours in this and the preced- ing section provided for, shall be construed to mean eight hours of actual labor and shall not include the time consumed in going to and returning from v/ork. Sec. 3504. Any owner, lessee or operator, his or "ts agent, employees or servants, violating any of the pro- visions of the two preceding sections shall be fined not less than fifty dollars, nor more than three hundred dollars, or imprisoned not more than three months, or both. Where Explos- ives Shall Be Stored. Storage of Explosives. Sec. 2964. It shall be unlawful for any person or company to store any gunpowder or any other ex- plosive material at a less distance than one thousand feet from any house or habitation, when more than fifty pounds are stored at the same place, except with the sanction of the board of county commissioners of the county in which storage place may be located ; but it shall be unlawful to place or to keep more than five pounds of such powder, or other explosive material, in any house or building occupied as a residence, or in any outbuilding pertaining thereto. How^con^tST Sec. 2965. Hereafter, any powder magazine that may be built, shall be so constructed as to provide and LABOR LAWS OF THE STATE OF WYOMING 9 maintain the storage room thereof, entirely below the natural surface of the ground adjacent; and it shall be unlawful to store such powder or explosives in any other than such storage room. Sec. 2966. Anyone violating the provisions of Sec- penautes— tion 2964 shall be, on conviction, fined in any sum not Nuisance, exceeding one hundred dollars for each and every of- fense, and may be imprisoned not exceeding thirty days, or both fined and imprisoned, in the discretion of the court having jurisdiction. Any violation of the provisions of the preceding section shall be a public nuisance, and shall be abated at the suit of any person, in any court of competent jurisdiction. Sec. 2967. All nitro-glycerine, powder or other high saie of Expio- explosive sold in the State of Wyoming shall be prop- erly marked with the date of manufacture on each stick of powder, and no nitro-glycerine, powder or other high explosive shall be sold after twelve months from date of manufacture. Sec. 2968. Explosives must be stored in a magazine storage of ex- ^ . ° plosives. provided for that purpose alone ; said magazine to be placed far enough from the open cutting or working shaft, tunnel or incline to insure the same remaining intact, in the event the entire stock of explosives in said magazine be exploded ; that all explosives in ex- cess of the amount required for a shift's work be kept in said magazine; that no powder or other explosives be stored in underground workings where men are em- ployed; that each mine shall provide and employ a suitable device for thawing or warming powder and keep the same in condition for use that oils or other combustible substances shall not be kept or stored in the same magazine with explosives. Sec. 2969. Oils and other inflammable materials Mal.lSSs.'''* shall be stored or kept in a building erected for that purpose, and at a safe distance from the main build- ings, and at a safe distance from the powder magazine, and their removal from said building for use shall be in such quantities as are necessary to meet the require- ments of a day only. Sec. 2970. No person shall, whether working for ?=«■ "l steei or Iron xAmpinEC himself or in the employ of any person, company or Bar ProwiJited. corporation, while loading or charging a hole with 10 LABOR LAWS OF THE STATE OF WYOMING Inspectoi of Mines — ^Author- ity. Penalty. nitro-glycerine, powder or other explosives, use or em- ploy any steel or iron tamping bar; nor shall any mine manager, superintendent, foreman or shift boss, or other person having the management or direction of mine labor, allow or permit the use of such steel, iron or other metal tamping bar by employees under his management or direction. Sec. 2971. The inspector of mines shall have au- thority to regulate and limit the amount of nitro pow- der stored or kept in general supply stores in mining camps or mining towns where there is no municipal law governing the same; he shall have authority to enforce the provisions of this act and to prosecute any violation thereof as hereinafter provided. Sec. 2972. Any person or persons violating any of the provisions of the five preceding sections shall be liable to a fine of not less than ten dollars or not more than one hundred dollars for each violation. Intoxicating Iiiquor — Use in Mines. Sec. 5890. "Whoever shall, while under the influence of intoxicating liquor enter any mine, smelter or metal- lurgical works, or any of the buildings connected with the operation of the same in Wyoming, where miners or other workmen are employed, or carry any intoxi- cating liquor into the same shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding five hundred dollars, to which may be added imprisonment in the county jail for a term not exceeding one year. state Geologist Is Inspector. Metalliferous Mines. Sec. 3483. The state geologist shall act ex-offieio as inspector of mines until otherwise provided by law, and under this act shall have power to make such ex- amination and inquiry as is deemed necessary to as- certain whether the provisions of this act are com- plied with ; to examine into, and make inquiry into the condition of any mine, mill or part thereof, and all mat- ters or things connected with or relating to the safety of the persons employed in or about the same; to ex- amine into and make inquiry respecting the condition of the machinery or mechanical device, and- if deemed necessary have same tested; to appear at all coroners' LABOR LAWS OF THE STATE OF WYOMING 11 inquest [s] held respecting accidents, and if necessary, call, examine and cross-examine witnesses; to exercise suc'h other powers as are necessary for carrying this chapter into effect. Sec. 3484. Every owner, agent, manager or lessee Admission to of any metalliferous or metallurgical plant in this state shall admit the inspector on the exhibition of his badge or certificate of appointment, for the purpose of making examination and inspection provided for in this act, whenever the mine is in active operation and render any necessary assistance for such inspection. But said inspection shall not necessarily obstruct the working of said mine or plant. The refusal of the owner, agent, manager or lessee to admit the inspector to such mine or plant to lawfully inspect the same, shall, upon conviction, be deemed a misdemeanor and shall be subject to a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00) or be imprisoned not less than one (1) nor more than three (3) months. Sec. 3485. The inspector shall exercise a sound dis- Dangerous Mines, cretion in the enforcement of this act and if he shall *^° find any matter, thing or practice in or connected with any metalliferous mine or metallurgical plant to be dangerous or defective so as to, in his opinion threaten or tend to the bodily injury of any person, the inspector shall give notice in writing thereof to the owner, agent, manager or lessee of such mine or plant, stating in such notice the particulars in which he considers such mine, plant or part thereof, or practice to be dangerous or defective; and he shall order the same to be remedied, a copy of said order shall be filed and become a part of the records of the inspector of said mines, and said owner, agent, manager or lessee shall, upon, compliance of said order, immediately ndtify the inspector of mines in writing. Upon the refusal or failure of said owner, agent, manager or lessee to report within a rea- sonable length of time, said owner, agent, manager or lessee shall be subject to a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00) for each and every such refusal or failure. Sec. 3486. Any owner, lessee, manager, superin- MSsrepresenta- tendent or foreman in charge of any metalliferous mine """■ ^®"*i*y- who shall willfully misrepresent or withhold facts or 12 LABOR LAWS OF THE STATE OF WYOMING Accidents. information from the inspector regarding the mine, such as length of time timbers have been in place, or making any misrepresentation tending to show safetj' when the reverse is true, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum rot less than one hundred ($100.00) nor more than three hundred dollars ($300.00) for each offense. Sec. 3487. Any owner, agent, manager or lessee having charge or operating any metalliferous mine or metallurgical plant, whenever loss of life or accident serious enough in character to cause the injured party to stop work for thirty consecutive days and being under the care of a physician and connected with the workings of such mine or metallurgical plant, shall oc- cur, shall give notice immediately and report all the facts thereof to the inspector of mines. The refusal or failure of the said owner, agent, manager or lessee to so report within reasonable time shall be deemed a misdemeanor and shall upon conviction be subject to a fine of not less than fifty dollars and not more than three hundred dollars, , or be imprisoned for not less than one and not more than three months. The in- spector of mines upon receipt of notice of accident shall investigate and ascertain the cause and make or cause to be made a report, which shall be filed in his office for future reference. Sec. 3488. Any person or persons operating any metalliferous mine or mill and employing five or more men, shall report the same to the inspector of mines and state when work is commenced and when stopped, and mines working continuously shall report on or be- fore December 1 of each year, together with the names of the owners and managers or lessee in charge of said work, together with the postoffice address, the name of the elami or claims to be operated, the name of the county and mining district, together with the number of men. employed, directly or indirectly, the same being classified into miners, trammers, timbermen or assort- ers, millmen, teamsters, etc.. The necessary blanks to carry out the provisions of this section shall be fur- nished upon application by thq inspector of mines, code Of Signals. gee. 3489. There is hereby established the follow- ing code of signals for use in the metalliferous mines of Seports of Operators. LABOR LAWS OF THE STATE OF WYOMING IS this state, which shall be securely posted in a clear and legible form in the engine room, at the collar of the shaft and at each level or station: Signals. 1 Bell Hoist. (See Rule 2.) 1 Bell — Stop if in motion. 2 Bells— Lower. (See Rule 2.) 3 Bells — Men on, run slow. (See Rule 2.) 7 Bells — Accident. Hoist or lower by verbal orders only. 3-2-1 Bells— Ready to shoot. (See Rule 3.) Engineer Signal — Engineer shall, after signal 3-2-1, raise the bucket or cage two feet and lower again, and shall remain at his post until final signal is given and command executed. Rules Governing Signals. Rule 1. In giving ordinary signals make strokes suies. on bell at regular intervals. In signals similar to "Ready to shoot" 3-2-1 bells each bar (-) must take the same time as one stroke of the bell. Rule 2. "When men are to be hoisted or lowered, give the signal for "Men on, run slow," (3 bells). Men must then get on bucket or cage, then give signal to hoist or lower. (1 or 2 bells.) Rule 3. After signal "Ready to shoot" (3-2-1 bells) engineer must reply as above. Miners must then give signal "Men on" (3 bells), then spit fuse, get on bucket or cage and give signal to hoist. Rule 4. All timbers, tools, etc., longer than the depth of bucket or placed within a cage, must be se- curely lashed before being hoisted or lowered. Rule 5. Signals to meet local demand and not in conflict with above may be added by individual oper- ators, but same must be posted in clear and legible form in connection with above code. Sec. 3490. The inspector of mines shall have power Enforcement, to enforce the adoption of this code of signals in all metalliferous mines using hoisting machinery, and all persons giving or causing to be given false signals or riding upon any cage, skip or bucket upon signals that designate to the engineer that no employees are 14 LABOR LAWS OF THE STATE OF WYOMING Hoisting Engl- neei. Visitors. Coal Mines Exempt. Maps. aboard, shall be deemed guilty of a misdemeanor under this chapter. Sec. 3491. No person addicted to the use of intoxi- cating liquors or under eighteen years of age shall be employed as hoisting engineer. Sec. 3492. Strangers or visitors shall not be allowed underground in any mine unless accompanied by some owner, official, or employee deputized to accompany same. Nothing in this chapter shall apply to coal mines. Goal Mines. Sec. 3505. The owner, operator or superintendent of every coal mine shall make, or cause to be made, an accurate map or plan of such coal mine, on a scale not exceeding two hundred feet to the inch ; which map or plan shall exhibit all the openings or excavations, the shafts, tunnels, slopes, planes, gangways, entries, cross headings, rooms, etc., and shall show the direction of the air currents therein, and shall accurately delineate the boundary line between said mine and adjoining mines, and show its relation and proximity thereto. The said map or plan, or a true copy thereof, shall be kept at such mine by the said owner, operator or super- intendent, for th,e use of the State inspector of coal mines, and for the inspection of any miner working in said mine, whenever said miner shall have cause to fear that the place where he is working is becoming dan- gerous by reason of its proximity to other workings, which may be supposed to contain water or dangerous gases. The said owner, operator or superintendent shall as often as once in every six months, accurately place or cause to be placed on a map or plan of said coal mine, a plan of the excavations made of all the working places or other parts of such coal mine during the preceding six months, and whenever the workings or excavations of said coal mine, or any part of the same have been driven to within ten feet of the boun- dary line, or when said coal mine, or any part of the same is abandoned, the owner, operator or superin- tendent thereof shall furnish the State inspector of coal mines, within three months thereafter, the proximity to the boundary line as aforesaid, or after the abandon- ment of the said mine, or any part of the same, with a correct copy on tracing muslin or blue print of the map LABOR LAWS OF THE STATE OF WYOMING IS or plan of said mine, which shall accurately show all excavations and workings of such mines to date, ex- hibiting clearly the part or parts abandoned, and the part or parts in proximity to the boundary line afore- said. The several coal maps or plans of mines in the State which are furnished to the State inspector of coal mines, as last aforesaid, shall be the property of the State, and shall remain in the care of the said State inspector of coal mines, to be transferred by him to his successor in office, and in no case shall any copy of the same be made without the consent of the owner, operator or his agent. If the said State inspector of coal mines shall find or have good reason to believe that any map or plan of any coal mine made or furnished in pursu- ance of the provisions of this chapter, is materially in- accurate or imperfect, he is hereby authorized to cause a correct plan or map of said coal mine to be made at the expense of the owner or operator thereof, the cost of which shall be recovered from the said owner or operator, in the name of the State, as other debts are recoverable by law: Provided, however, That if the map or plan which is claimed to be inaccurate shall prove to have been correct, then the inspector shall be held liable for the expenses incurred in making such test survey, and the same shall be paid by the said in- spector. Sec. 3506. It shall not be lawful for the owner, ^^^^p^ Shafts, operator, contractor, lessee or agent of any coal mine, or for any firm, company, corporation or association, their clerks, servants, agents or employees to employ any person at work within any coal mine, or permit any person to be in any coal mine for the purpose of working therein, unless such mine is in communication with at least two openings, if the mine be worked by shaft or slope, which two shafts or slopes shall be sepa- rated by natural strata at all points by a distance of Proviso, not less than fifty feet, except in drift mines heretofore opened, where the mine inspector shall deem it im- practicable : Provided, however. An aggregate number not exceeding twenty persons may be employed in the mine at any one time until the second opening shall be readied and made available, which said second open- ing the said inspector of coal mines shall cause to be made without unnecessary delay, and in case of fur- nace ventilation being used before the second opening 16 LABOR LAWS OF THE STATE OF WYOMING Same Subject. Ventilation. is reached, the furnace shall not be placed within forty- feet of the foot of the shaft, slope or drift, and shall be well secured from danger from fire by brick or Ptone walls of sufficient thickness. Sec. 3507. When a second opening or outlet is made which does not exceed seventy-five feet i]i verticiil depth, from the surface to the seam or strata of coal that is being mined, it shall be set apart exclusively for the purpose of ingress and egress to or from the mine, by any person or persons employetl therein, and it shall always be kept clear of any obstruction, and if the opening is a shaft it shall be fitted M'ith safe fiiid convenient stairs not less than two fset wide, ^.-nd not to exceed an angle of sixty degrees descent, and land- ings of not less than eighteen inches wid^ avid four feet long, at easy and convenient distances: and iJl vaier coming from the surface, or out of the strata in the shaft, shall so be conducted as to be prevetited fi'om falling down the shaft or the stairs, or on persons .is- eending or descending the stairway of the shaft. If the second opening is a slop.3 for a traveling way and has a greater angle of deseeat than twenty-five de- grees, it shall be provided with suitable stairs not less than two feet wide, but when the seam or stratum of coal at main outlet or escapement share in connection with any mine exceeds seventy-five feet in vertical depth from the surface, the miners or other employees in the mine shall be lowered into or raised from said mine by machinery; and when the employees are low- ered into or raised from said mine at th-; main outlet, the escapement shall be fitted with safe .and .available machinery, or safe and convenient stall's, by which per- sons employed in the mines may readily escape m case of accident. The hoisting machinery and stairs used for lowering or raising the employees into or out of the mine shall be kept in a safe condition and inspected once each twenty-four hours by a competent person employed in whole or in part for that purpose, and such machinery and the methods of its inspection shall be approved by the State inspector of coal mines. Sec. 3508. The owner, lessee, or agent of any coal mine, whether shaft, slope or drift, shall provide and maintain for every such mine, ample means of ventila- tion affording not less than one hundred and fifty cubic feet of pure air per minute for each and every 'person Examination. LABOR LAWS OF THE STATE OF WYOMING 17 employed in said mine, and as much more as ihe cir- cumstances may require, which Shall be circulated around the main headings and across headings and working places to an extent that will dilute, carry off and render harmless the noxious or dangerous gases generated therein ; the main current of air shall be so split, or subdivided as to give a separate current of reasonably pure air to every hundred men at work, and the inspector shall have authority to jrder s>^parate currents for smaller groups of men, if, in his judgment, special conditions make it necessary; and the air cur- rent for ventilating the stabh^ shall not pass into the intake air current for ventilating rho working parts of the mine. In mines generatin,? fire damp, Avorked- out or abandoned parts thereof shall be kept free of standing gas, or properly walled off and the entrance thereto properly closed, and cautionary notice pusted on the stoping to warn persons from danger, and e\ery wo;'king place and all other places where gas is known or supposed to exist shall be carefully examined bj' the fire boss within two hours immediately before each shift, with a safety lamp, and in making said exami- nation it shall be the duty of the fire boss at each ex- amination to leave at the face of every place examined, I evidence of his presence ; and it shall not be lawful for any miner to enter any mine or 'part of a mine generat- ing fire damp until it has been examined by the fire boss aforesaid, and by him reported to be safe. No working place shall be driven more than fifty feet in advance of a breakthrough or airway. All crosscuts in rooms and entries, except the one nearest to the work- ing face, shall be sealed in such manner that the air current shall be directed across the working place. Sec, 3509. Any person or persons, or association of violations, persons, or corporation or agent, lessee or owner of any coal mine in this State, .or any fire boss or miner who shall violate any of the provisions of Section 3508 shall, upon conviction thereof, be fined in any sum not less than two hundred dollars, nor more than five hundred dollars for each offense. Sec. 3510. It shall be unlawful for any miner, fire Brushing Fire boss, employee in any mine, or other person, to brush °»"'i'- fire damp from any place in a coal mine by means of a coat, sack, sail cloth, or any like article or material ; and any person so offending shall be deemed guilty of LABOR LAWS OF THE STATE OF WYOMING Mining Boss. Secords. a misdemeanor, and upon conviction shall be impris- oned for a term not exceeding six months, and fined in any sum not to exceed one hundred dollars. And any owner or superintendent, mine boss or fire boss, who shall knowingly permit the same to be done, shall be deemed guilty of a misdemeanor, subject to the same penalties as hereinbefore prescribed. Sec. 3511. In order to better secure the proper ven- tilation of every coal mine, and promote the health and safety of the persons employed therein, the owner or agent shall employ a competent and practical inside overseer, to be called mining boss, who shall be an ex- perienced coal miner, and shall have taken and passed the examination before, and received a certificate of competency from the examining board hereinafter pro- vided for, and who shall keep a careful watch over the ventilating apparatus and the airways, traveling ways, pumps and drainage, and shall see that as the miners advance their excavations, all loose coal, slate and rock overhead are carefully secured against falling on the traveling ways, and that sufficient props, caps and timbers are furnished upon order of the miner, of suit- able size and cut square at both ends, and as near as practicable to a proper length for the places where they are to be used, and such props, caps or timber and the necessary rails and ties shall be delivered at the mouth of the rooms. He shall see that all water be drained or hauled out- of all working places before the miner enters, and as far as practicable, kept dry while the miner is at work; and it shall be the further duty of the mining boss to see that the proper eut-throughs are made in the room pillars of the miners ' places at inter- vals of not more than sixteen yards for the purpose of ventilation, and in all hauling roads, holes for shel- ter shall be made every thirty yards, and be kept whitewashed, when a space two feet and six inches be- tween the wagon and rib shall be deemed sufficient for shelter ; and the mining boss shall measure the air cur- rent at least once a week at the inlet and outlet and at or near the face of the headings. Sec. 3512. The mining boss shall keep a record of such measurements, which shall be placed by him in a book kept for that purpose; said book to be open for the examination of the said State inspector. He shall also, on or about the fifteenth day of each month, mail Doors. LABOR LAWS OF THE STATE OF WYOMING 19 to the State inspector of coal mines, a true copy of the air measurements given, stating also the number of persons employed in or about said mine, the number of mules and horses used, and the number of days worked in each month, for which purpose blanks shall be furnished by the said inspector. It shall be the further duty of the mining boss to immediately notify the owner or agent of the mine of his inability to com- ply with the provisions of this chapter. It shall then become the duty of the said superintendent, operator, owner or agent, at once to attend to the matter com- plained of by the mining boss, and to comply with the provisions hereof. Sec. 3513. The safety lamps used for examining safety Lamps, mines, or which may be used in working therein, shall be furnished by and be the property of the owner of said mine, and shall be in charge of the agent of such mine, and in all mines the doors used in assisting or directing the ventilation of the mine shall be so hung and adjusted that they will close themselves, or be supplied with springs or pulleys so that they can not Bore Holes, be left standing open, and bore holes shall be kept not . less than twelve feet in advance of the face of every working place, and when necessary on the sides of the same when they are being driven towards and in dan- gerous proximity to an abandoned mine or part of a mine, suspected of containing inflammable gases, or which is inundated with water. Sec. 3514. The mining boss, or his assistant, shall inspections, visit and examine every working place in the mine at least once every alternate day, while the miners of such place are, or should be at work, and shall direct that each and every working place is properly secured by props or timber, and that safety in all respects is as- sured, and that no person shall be .permitted to work in an unsafe place, unless it be for the purpose of mak- ing it safe! Sec. 3515. All owners and operators of coal mines 5"'!%*° ^® shall keep posted in a conspicuous place about their mine printed rules, submitted to and approved by the State inspector, defining the duties of all persons em- ployed in or about said coal mines, which said notices shall be printed in the language or languages used by the miners working therein. 20 LABOR LAWS OF THE STATE OF WYOMING Injuring Ap- paratus. Guards foi Macbinery. Side Cuts. Inspectors to Have Access. Notice of Defec- tive Conditions. Sec. 3516. Any miner, workman or other person who shall intentionally injure any shaft, lamp, instru- ment, air course or brattise [brattice], or obstruct or throw open airways, or carry lighted pipes or matches into places that are worked by safety lamps, or handle or disturb any part of the machinery, or open a door and not close it again, or enter any place of the mine against caution, or disobey any order given in carrying out the provisions of this chapter, or do any other act whereby the lives or the health of persons or security of the mines or machinery is endangered, shall be deemed guilty of a misdemeanor, and may be punished in a manner provided in Section 3528. Sec. 3517. All machinery about mines shall be prop- erly fenced off, and there shall be cut in the side of every hoisting shaft, at the; bottom thereof, a traveling way sufficiently wide and high to enable persons to pass the shaft in going from one side of the mine to the other, without passing over or under the cage, or other hoisting apparatus. Sec. 3518. Any State inspector of coal mines or his deputy or deputies shall have the right to enter at all times any coal mine within his district in this State, or wherever he may lawfully act in said State, to make examination thereof or to obtain information relating to the working of the same, and the owner, lessee or superintendent of such mine shall afford any assistance required by said inspector or his deputy or deputies in making such examination or obtaining such informa- tion. Said inspector or his deputy or deputies shall immediately notify the owner, lessee, superintendent or mining boss of the discovery of any violation of the mining laws of this State, and of the penalty thereby imposed for such violation; and in case such notice is disregarded, such inspector or deputy or deputies shall have power to stop immediately the working and opera- tion of any mine or any part thereof where any dan- gerous or unlawful conditions are found: Provided, however, That where conditions justify him in so do- ing, he may grant a reasonable length of time for mak- ing repairs or for putting such mine in proper condi- tion: And, provided further. That where any stops or cessation of work are enforced, such inspector or deputy or deputies shall have the power thereafter to allow such mine or part of a mine to be reopened when LABOR LAWS OF THE STATE OF WYOMING 21 the dangerous or unlawful conditions therein existing ^g^'Jo^"® ^"' are removed or remedied so that they no longer exist. Every person, company or corporation who willfully obstr.uets the State inspector of coal mines or his dep- uty or deputies in the execution of his or their duties under this act, and every owner, agent, officer, lessee ■or manager of a coal mine who refuses or neglects to furnish to the said inspector or his deputy or deputies the means, information, or opportunity necessary for making any entry, inspection, examination or inquiry of or relating to any coal mine in this State as herein provided for, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than two hundred dollars, and not exceeding five hundred dollars at the discretion of the court try- ing said offender. Every State inspector of coal mines in this State and his deputy or deputies is and are Enforcement, hereby empowered to act as police officers and deputy sheriffs, with full powers to arrest and detain any per- son found violating any provision of this section, or of any of the coal mining laws of this State, or any part thereof, or who shall be engaged in any attempt to violate such law or laws, or against whom there is found any evidence of a previous violation thereof. Sec. 3519. Whenever, by reason of any explosion, ^3%^"^° *" ^^ or any other accident, in any coal mine or the ma- chinery connected therewith, loss of life or serious per- sonal injury shall occur, it shall be the duty of the per- sons having charge of such mine or colliery to give a notice thereof forthwith to the State inspector of coal mines, and if any person is killed thereby, to the cor- oner of the county, who shall give due notice of the inquest to be held. If the coroner shall determine to hold an inquest, the said inspector shall be allowed to testify and offer such testimony as he shall deem neces- sary to thoroughly inform the said inquest of the causes of the death, and the said inspector shall have author- ity at any time to appear before said coroner and jury and question or cross-question any witness, and in ■choosing a jury for the purpose of holding such in- quest, it shall be the duty of the coroner to impanel at least one experienced miner on such jury. It shall be the duty of the said inspector, upon being notified as herein provided, to immediately repair to the scene of the accident and make such suggestions as may appear 22 LABOR LAWS OF THE STATE OF WYOMING Enfoicement. Appeals. necessary to secure the future safety of the men, and if the results of the explosion or accident do not re- quire an investigation by the coroner, he shall proceed to investigate and ascertain the cause of the explosion or accident and make a record thereof, which he shall file as provided for, and to enable him to make the investigation he shall have the power to compel the attendance of persons to testify, and to administer oaths or affirmations. The cost of such investigation shall be paid by the county in which the accident oc- curred in the same manner as costs of coroners' in- quests are paid by law. Sec. 3520. The inspector shall exercise his sound discretion in the enforcement of the provisions of this chapter, and if the operator, owner or miner shall not be satisfied with any decision of the inspector rendered in the discharge of his duties under this chapter, which said decision shall be in writing, and signed by said inspector, the said owner, operator, miner or miners may, within fifteen days after such decision is rendered, appeal to the district court of the county in which the mine concerned is located, and said court shall speed- ily determine the point involved in said decision and appeal, which said decision shall be binding and conclu- sive, subject only to an appeal to the supreme court of the State. The court, in its discretion, may appoint three practical, competent and disinterested persons, whose duty it shall be, under instructions of the said court, to forthwith examine such mine and make report under oath of the facts as they exist or may have been, together with their opinion thereon, which report of said board shall become absolute, unless exceptions thereto shall be filed within ten days after the notice of the filing thereof, to the owner, operator, miner or miners, or inspector, and if exceptions be filed, the court shall at once hear and determine the same, and the decision shall be final and conclusive, subject only to appeal as aforesaid. If the court shall finally sus- tain the decision of the inspector, then the appellants shall pay all costs of such proceedings, and if the court shall not sustain the decision of the inspector, then such costs shall be paid by the county or by the appel- lants and county in such proportion as the court shall determine. No appeal from any decision made by any inspector shall work as a supersedeas during the pen- LABOR LAWS OF THE STATE OF WYOMING 23 dency of such appeal, but all such decisions shall be in full force until reversed or modified by the court. Sec. 3521 (as amended by Chapter 82, Session Laws, i^|^°'"« 1913). On the petition of the inspector of coal mines the district court in any county in this State shall ap- point an examining board for such county, consisting of the State inspector of coal mines, an operator of a coal mine, and a coal miner, who shall be citizens of the United States, and the latter two of which board shall have at least ten year's [years'] experience in coal mines and mining, whose duty it shall be to exam- ine any person applying thereto as to his competency and qualifications to discharge the duties of mining boss, assistant mine boss and gas watchman: Pro- vided, further. That the State inspector of coal mines be empowered to issue a temporary permit to an appli- cant for certificate for mine boss, assistant mine boss or gas watchman, pending a meeting of the board of examiners, if in his judgment the person applying has a practical knowledge sufficient to warrant such per- mit. Section 3522 (as amended by Chapter 67, Session Mh^g'sosses."* Laws, 1915). Said board of examiners shall meet at the call of the inspector of the district, and they shall grant proper certificates to all persons whose exami- nation shall disclose their fitness for the duties of min- ing boss, assistant mining boss, and fire boss, and such certificates shall be sufficient evidence of the compe- tency and qualifications of the holders for the duties of said offices. Provided, however. That it shall be the duty of the inspector of each district to arrange for and call at least three meetings of boards of examiners each year, and to see that an opportunity is given in his district, on at least three different occasions in each year, to applicants for mining boss, assistant mining boss and fire boss certificates, to be examined by a duly authorized board. Provided, further. That when a. State mine inspector from his inspection of any mine shall become satisfied that the mine boss, assistant mine boss or fire boss is incompetent in the performance of his duties, he may request him to undergo a re-exami- nation before the examining board, and in the event of his refusal to undergo said examination he is hereby authorized to cancel his certificate of competency, and <3ause the same to become null and void. 24 LABOR LAWS OF THE STATE OF WYOMING Compensation, Etc. Bosses to Have Certificates. Special Inspec- tions. Sec. 3523. The members of the examining board, other than the inspector, shall hold their office for the period of two years from the date of their appointment and shall receive five dollars per day for each day necessarily and actually employed, and mileage at the rate of fifteen cents per mile for each mile necessarily traveled, to be paid by the State. Vacancies in the membership of the board shall be filled by the court of the proper county, except the vacancy in the office of inspector. Sessions of the examining board shall not exceed three days in each quarter, and for any cer- tificate granted the board shall receive the sum of one dollar, the same to be paid into the State treasury. Sec. 3524 (as amended by Chapter 22, Session Laws, 1913). No person shall act as fire boss or mining boss, assistant mine boss, unless he shall have had at least five years' practical experience working in coal mines, be at least twenty-three years of age, and have been granted a certificate of competency by the State in- spector of coal mines. No owner, operator, contractor, lessee or agent shall employ any mining boss, assistant mine boss or fire boss who does not have the certificate of competency herein required. Said certificate shall be posted up in the office of the mine, and if any acci- dent shall occur in any mine in which a mining boss, assistant mine boss or fire boss shall be employed who has no certificate of competency, as required by this chapter, by which any miner shall be killed or injured, he or his estate shall have a right of action against such operator, owner, lessee or agent and shall recover the full damages sustained; in case of death, such ac- tion to be brought by the administrator of his estate within three years from the date of accident, the pro- ceeds recovered to be divided among the heirs of the deceased according to law. Sec. 3525. At any time upon the request of the _ miners employed in any coal mine, the State inspector ■may appoint a committee of two miners employed in said mine, which committee shall be assisted by the mine boss to make an inspection of said mine and re- port the result of said inspection to the State mine in- spector, for which services said committee shall be paid by the miners employed in said mine. The State inspector is hereby made the legal adjuster of all weigh scales, measures or other mechanical machine bv which LABOR LAWS OF THE STATE OF WYOMING 25 the miners ' coal is weighed or measured, and shall bal- ance and adjust said scales or measures at any time he may consider it necessary in his official visits to the mines. Sec. 3526. For any injury to person or property ^r^YnjSries""''" occasioned by any violation of this chapter, or any willful failure to comply with its provisions, a right of action against the party at fault shall accrue to the party injured for the direct damages sustained thereby, • and in any case of loss of life, by reason of such viola- tion or willful failure, a right of action against the party at fault shall accrue to the administrator of the estate of the person whose life shall be lost, for like recovery of damages for the injuries sustained: Pro- vided, That nothing in this section shall be so construed as to prevent the recovery of any lawful damages against the person or company operating mines if said company should be found in fault or shall have con- tributed to any accident by means of carelessness on their part : And provided further, That in no ease shall the State be liable for damages under this chap- ter. (Note. — Partially repealed by Sec. 2 of Workmen's Compensation Law.) Sec. 3527. It shall be the duty of owners, operators, stretchers, lessees, superintendents and agents of coal mines to keep at the mouth of the drift, shaft or slope, or at any such other place or places as shall be designated by the inspector, stretchers in such number as the in- spector shall designate, properly constructed for the purpose of carrying away any miner or employee working in and about such mines, who may in any way be injured in and about his employment. Sec. 3528. The neglect or refusal to perform the Penalties, duties required to be performed by any section of this chapter [Sees. 3505 to 3529] by the parties therein re- quired to perform them, or the violations of any of the provisions or requirements thereof, shall be deemed a misdemeanor, and shall, upon conviction, except where- in otherwise provided, be punished by a fine of not less than two hundred dollars and not exceeding five hun- dred dollars, at the discretion of the court : Provided, That in case the neglect, or failure or violation occurs in the case of the State inspector of coal mines, if such 26 LABOR LAWS OF THE STATE OF WYOMING violation, failure or neglect is shown to have been will- ful, such punishment shall be by a fine of not less than five hundred dollars nor more than one thousand dol- lars, or by imprisonment not less than six months, nor more than one year, or by both; and. in default of pay- ment of any fine imposed upon any person under this. 'Chapter, such person may be committed to jail until the same shall be paid. Application of Law. Sec. 3529. The provisions of this chapter [Sees. 3505 to 3529] shall not apply to any mine employing- an average of less than ten persons during any one twenty-four hours. Unused Cross- cuts. Sec. 3530. It shall be the duty of every person, company or corporation, owning or operating coal mines, to shut off all unused crosscuts between main entries and air courses, with a tightly built wall of suitably rock; said wall may be built of waste rock from said mine, the face of such wall to be plastered with mud, or lime and sand; said wall to be kept at all times in perfect condition and repair. Cable to Be At- tached to Cars. Violation. Sec. 3531. It shall be the duty of every person, company or corporation, owning or operating coal mines, to provide a wire cable which shall, in all cases and under all circumstances, be attached to the lead car on all trains of coal cars going into a coal mine, and to the last car of coal cars coming out of a mine, which train of cars are commonly known as "man trips;" and which said wire cable shall be attached to the hoist cable in such way, that if any coupling of the cars on said "man trips" should become broken or un- fastened, the said wire cable, so attached to the hoist cable, would prevent the cars becoming uncoupled and running back into the mine. And such train of cars, known as "man trips," shall not be run at a greater speed than five miles an hour. Sec. 3532. Any person, company, or corporation, violating any of the provisions of the two preceding sections shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined not less than one hundred dollars, nor more than one thousand dol- lars, for each offense. LABOR LAWS OF THE STATE OF WYOMING 27 Sec. 3533. It shall be the duty of the State mine Enforcement, inspector to enforce the provisions of Sections 3530, 8531 and 3532. Sec. 3534. The owner, lessee or agent or operator sprinkling, of any coal mine, whether shaft, slope or drift, shall sprinkle with water at least twice a week all dry and dusty places within said coal mines, and all accumu- lations of dust shall be loaded up and taken outside of . the said mines, at least once each month while such moved, mine is in operation: Provided, That all accumula- tions of slack, machine slack, track cleanings and other waste materials incident to coal mining shall be con- sidered as dust within the meaning of this section. Sec. 3535. Any person or persons, or association of violations, persons, or corporations or agent, operator, lessee or owner of any coal mine in this State who shall violate any of the provisions of the preceding section shall, upon conviction thereof, be fined in any sum not less than fifty dollars, nor more than one hundred dollars for each and every offense. Sec. 3536. The governor shall nominate and by and po°iL"'inspectOTs'. with the consent of the senate appoint two State in- spectors of coal mines, who shall hold their respective oifices for terms of two years and until their successors are duly appointed and qualified. They shall each have Q^aiacations. a thorough knowledge of practical mining and mining engineering, neither of whom shall be an employee, owner or part owner in any coal mine or coal-mining company in the State. Said inspectors shall not be less than thirty (30) years of age, citizens of the United States, and qualified electors of this State, of good repute and temperate habits. The State inspectors of coal mines shall receive an annual salary of two thou- sand dollars ($2,000) and actual traveling expenses when in the discharge of their duties, and shall keep their respective offices at some convenient point within the district for which they may be appointed. Said in- spectors are hereby authorized to procure such instru- ments, chemical tests and stationery, and to incur such To Procure in- expense of communication from time to time as may be necessary to the discharge of their duties: Provided, That such expenses shall not exceed the contingent fund provided for that office, at the cost of the State, subject to the approval of the governor of the State, 28 LABOR LAWS OF THE STATE OF WYOMING Districts. Bonds. Duties. Bepoits. which shall be paid out of the State treasury upon ac- counts duly certified by him, audited by the State auditor. All instruments, plans, books, memoranda, notes and other property, pertaining to the ofBces hereby created, shall be the property of the State and shall be delivered by each inspector to his successor in office, and said inspector shall be allowed all expenses necessarily incurred in enforcing the provisions of this chapter, in the courts of this State when such expenses are certified to be correct by the courts before which the proceedings were heard. Sec. 3537. The State shall be divided into two in- spection districts, one to be known as district No. 1, comprising the counties of Laramie, Albany, Carbon, Sweetwater and Uinta, the other to be known as dis- trict No. 2, comprising the counties of Converse, Na- trona, Fremont, Big Horn, Johnson, Sheridan, Crook and Weston. In the appointment of inspectors the gov- ernor shall designate the district for which each in- spector is appointed, ■ and the jurisdiction of such in- spector shall extend to, and be confined to the particu- lar district for which he has been appointed: Pro- vided, That in ease of the inspector of either district being unable to attend to the duties of his office, through sickness, absence from the State or any other cause, the inspector of the other district shall have full authority and jurisdiction to act in the place and stead of the regularly appointed inspector of such district. Sec. 3538. Said inspectors of coal mines shall each, before entering upon the discharge of their duties, give bond in the penal sum of five thousand dollars ($5,000) to the State of "Wyoming with sufficient sureties which bonds shall be conditioned on the faithful discharge of their duties. Each of said inspectors shall devote the whole of his time to the duties of his office. It shall be the duty of each inspector to examine the coal mines within his district not less frequently than once during every three months, and more often if conditions re- quire special examination for the protection of life and property. It shall be the further duty of each inspector to make a detailed report of each examination in writ- ing and to file the same in the office of the governor within one week after making such examination. And each of said inspectors shall make up a general annual written report in detail showing the number of times LABOR LAWS OF THE STATE OF WYOMING 29 each mine has been inspected during the year, and file the same in the office of the governor not later than December 1st of each year ; it shall be the further duty of each of said inspectors to faithfully execute the pro- visions of this chapter, and cause its provisions to be observed and strictly carried out. Sec. 3539. It shall be the duty of each inspector to Eeords. make records of all examinations of mines within his district, showing the condition in which he finds them, especially in reference to ventilation and drainage, the number of mines in his district, the number of persons employed in each mine, the extent to which the laws are obeyed, the progress made in the improvements sought to be secured, the number of accidents and deaths resulting from injuries received in and about the mines, with cause of such accident or death ; said reports to be made quarterly. Sec. 3540. The district court within the proper Eemovai of m- eounty, or judge thereof, in vacation or recess, upon a petition signed by not less than fifteen (15) reputable citizens, who shall be miners, owners or lessees of mines, and with the affidavit of one or more of said petitioners attached setting forth that the State in- spector of coal mines for that district neglects his duty or is incompetent, or that he is guilty of malfeasance in office, shall issue a citation in the name of the State to the said inspector to appear upon a day, to be there- in fixed and stated, before said court, which notice shall be served at least fifteen (15) days before the time fixed to appear, at which time the court, or judge thereof in vacation or recess, shall proceed to inquire into, and investigate the allegations of the petitioners ; and if the court find that said inspector is neglectful of his duties or is incompetent to perform the duties of his office, or if he is guilty of malfeasance therein, the court or judge shall certify the same to the gov- ernor, who shall thereupon declare the office of said inspector vacant and proceed to supply said vacancy by appointment. And all vacancies in said office shall be filled by appointment by the governor. The cost of said investigation shall, if the charges are sustained, be taxed against the said inspector, but if the charges be not sustained, they shall be taxed against the county in which the investigation is instituted. 30 LABOR LAWS OF THE STATE OF WYOMING Bepoit to Be Posted. Owners' Reports . Sec. 3541. It shall be the duty of each State in- spector of coal mines on each visit to any mines within his district, to make out a written or partly written and partly printed report of the condition in which he finds such mines, and post the same in the office at the mine ; also on the dump of such mine, the said report shall give the date of visit, the number of visits during the year, the total number of mines in the State, the number of feet of air in circulation at the face of each and every entry, and such other information as he sha,ll deem necessary, and the report shall remain posted in the office and also on the dump of such mine for one year and said report may be examined by any miner or person employed in and about such mine. Sec. 3542. On or before the 30th day of October in each year the owner, operator or superintendent of any mine or coalery [colliery] shall send to the" State in- spector of coal mines for the district in which said mine is situated, a correct report, specifying with respect to the year ending the 30th day of September, the name of the owner, operator and officers of the mine, and the quantity of coal mined, and the number of men em- ployed. The report shall be in such form and give such information as may be from time to time required and prescribed by the inspector; blank forms for such re- port shall be furnished by the State. Sec. 3543. Whenever in the Statutes or laws of "Wy- oming, not specifically referred to in this chapter, any duty or obligation is imposed upon the State inspector of coal mines, said duty shall become and is hereby made a part of the duties of the inspectors of coal mines provided for in this chapter, and the inspectors appointed under the provisions of this chapter shall have the same jurisdiction, power and authority to act in the premises, and to enforce the laws of this State within the bounds of their respective districts as the State inspector of coal mines has heretofore possessed throughout the State. Annual Heports. Scc. 3544. Each State inspector of coal mines in this State shall make an annual report to the governor on the first Monday in December of each year, contain- ing the substance of the matters embodied in his quar- terly reports now provided for by law, and setting forth fully the number of fatal and nonfatal accidents Duties of Former Inspector. Accidents. LABOR LAWS OF THE STATE OF WYOMING 31 occurring within his jurisdiction, the name of the mine and its location, the names of all persons injured and killed thereby, the nature and causes thereof and ^uch recommendations as he may suggest that would pre- vent such accidents in the future ; and such report shall •contain statistical and other information which may tend to promote the development of the coal-raining resources of this State and afford a better knowledge of the proper method in mining, blasting and handling of coal, in order that those engaged in the coal-mining industry may be informed fully of methods that may secure their safety. Sec. 3545. The governor shall cause a sufficient distribution, number of such reports to be published (iirectly after receiving the same in order to supply coal mine opera- tors, coal miners and the public generally, who shall be furnished such reports upon application therefor without expense ; and such report shall be submitted to the legislature following their rendition, by the gov- ernor, with such recommendations for legislation there- on as he shall see fit to make. See. 3546. Any State inspector of ?oal mines in this violations. State who shall fail to make the annual report required of him in section 3544, or who shall violate any of the provisions of this chapter, shall be guilty of a- misde- meanor, and upon conviction thereof shall be fin/^d in any sum not less than fifty dollars, nor more ihan two hundred and fifty dollars, in the discretion of the •court. Sec. 3547. The State coal mine inspector fhallhave fH'^^ °^p"" .a,uthority to appoint, from time to time, special depu- ties for the purpose of reporting and investigating mine accidents, making examinations and reporting the same, and performing such other duties as they may be directed to perform by the coal mine inspector, in cases where it is impossible for the coal iriine in- spector to be present in person. (Sec. 3548 fixes the salary of such deputies at four dollars per day.) Sec. 3549. All wages or compensation of coal iidii- send-Monthiy ers and laborers, now employed, or who may hereafter be employed, in or about any coal mine in the State, shall be due and payable semi-monthly, and such pay- 32 LABOR LAWS OF THE STATE OF WYOMING Action foi Wages. Set-OfE. Employer May Fumislb Certain Supplies. Miners and Load- ers Sball Beceive Credit for All. ment shall be made in lawful monej ol; the Uipted States, or by a good and valid check or draft, payable on presentation thereof, in lawful mone/ of the United States, and not otherwise; that is to say, all such money earned prior to the first day of any month, shall be due and payable on or before the fifteenth day of such month, and any such money earned prior to the six- teenth day of any month shall be due and payable on or before the last day of such month. Any person, company or corporation operating coal mines within this State who fails to comply with the provisions of this section, shall be fined in the sum of not less than twenty -five dollars, nor more than one hundred dollars for each and every offense. Sec, 3550. In case any employer of any such miner or laborer shall fail or refuse to make payment as aforesaid, the same shall be recoverable in an action at law, together with legal interest from the date when such amount was due, as provided herein. Sec. 3551, No account for goods, wares or mer- chandise, nor any claim, except for money loaned or advanced by such employer, to such miner or laborer, except as hereinafter provided, shall be allowed as a set-off or counter-claim in such action, and any i-undi- tion of employment whereby any of the provisions of this chapter are sought to be avoided, shall be utterly null and void. Sec, 3552. Nothing in this chapter contained shall be held to interferfi with any contract or agreement, in writing, for the furnishing by such employer to such employees,! of medicine, medical attendance, fuel or house rent. (Chapter 74, Session Laws, 1911.) Section 1, It shall be unlawful for any mine owner, lessee, operator, agent or company in this State, em- ploying miners at bushel or ton rates, or other quanti- ties, in mining coal, to pass the output of coal mined by said miners over any screen or any device which shall take any part of the marketable coal from the amount thereof, before the same shall have been weighed and duly credited to the employees sending the same to the surface, unless otherwise agreed upon between miners and their employers. In ease of any LABOR LAWS OF THE STATE OF WYOMING 33 agreement where coal is credited to miners after hav- ing been screened and weighed, said miner or em- ployees shall receive compensation for all marketable or saleable coal sent by them to the surface, and ac- counted for at the customary rate of weights ; provided, that this section shall also apply to the class of workers in mines known as loaders engaged in mines where mining is done by machinery wherever the workers are under contract to load coal by the bushel, ton or quan- tity. Sec. 2. The weighman employed at any mine shall weigtman. subscribe an oath or affirmation before a justice of the peace or other officer authorized to administer oaths, to do justice between employer and employee and to weigh the output of coal from miners in accordance with the provisions of Section 1 of this act. Said oath or affirmation shall be kept conspicuously posted in the weigh office and any weigher of coal or person so employed who shall knowingly violate any of the pro- visions of this act shall be deemed guilty of a misde- meanor and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense, or by imprison- ment in the county jail for a period of not to exceed thirty days, or by both such fine and imprisonment. Sec. 3. The miners employed by or engaged in check woigi- working for any mine owner, lessee, operator, agent or company in this State shall have the privilege, if they so desire, of employing at their own expense a check weighman, who shall have like rights and privi- leges in the weighing of coal as the regular weighman and be subject to the same oath and penalties as the regular weighman. Sec. 4 (as amended by Chapter 16, Session Laws, scales. 1913). The owner, lessee, operator, agent or company operating any coal mine in this state, at which miners are paid by weight, shall provide suitable and accu- rate scales of standard manufacture for weighing of coal which may be procured from such mines; such owner, lessee, operator, agent or company shall be re- quired to keep United States standard weights to test said scales. At every mine where the coal mined is paid for by weight it shall be the duty of the weighman and the 34 LABOR LAWS OF THE STATE OF WYOMING Fraudulent WelgUng ■ — Penalty Loaders In- cluded. cheek weighman to examine and balance the scales each morning, and in no case shall any coal be weighed until such scales are tested by the United States stan- dard weights and found correct; provided, that if the weighman and check weighman shall disagree, work may continue until the inspector of mines can be pres- ent, and any erroneous weights made during such time shall be rectified. When differences shall arise be- tween the weighman and the check weighman, or oper- ator, of any mine, as to the correctness of the scales, the same shall be referred to the inspector of mines, whose duty it shall be to see and regulate the same at once. The inspector of mines upon each regular visit to each mine, shall test the scales used for the weighing of coal. The inspector of mines and miners emploj'ed in the mine and others personally interested shall at all proper times have full right of access to and examination of scales or apparatus used for weigh- ing coal in or about said mine ; provided, however, the provisions of this act shall not apply to mines classed as prospects, but only to those having regular output. Sec. 5. Any person or persons having or using any scale or scales for the purpose of weighing the output of coal at mines so arranged or constructed that fraud- ulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatever by reason of which such coal is not correctly weighed and reported in accordance with the provisions of this act, shall be deemed guilty of a misdemeanor and shall upon conviction for each offense be punished by a fine of not less than one hundred dollars nor more than three hundred dollars, or by imprisonment in the county jail for a period not to exceed sixty days, or by both such fine and imprisonment. Sec. 6. The provisions of this act shall also apply to the class of workers in mines known as loaders, en- gaged in mines wherein mining is don« by machinery. Whenever the workmen are under contract to load coal by the bushel, ton, or any quantity, the settlement of which is by weight, the output shall be weighed in ac- cordance with the provisions of this act. LABOR LAWS OF THE STATE OF WYOMING 35 When Conrened- Compensatlon. Board of Examiners for Mine Inspector. Governor Shall Appoint — Qnall- (Chapter 101, Session Laws, 1911.) flcations. Section 1. That the Governor of this State is hereby ithorized to appoint five persons to constitute a Board ' Examiners to investigate and pass upon the char- ter and qualifications of all applicants for appoint- ent to the office of State Mine Inspector, which said ire persons, so to be selected by the Governor, shall iclude one regularly graduated mining engineer, three ractical miners from different counties of the State, id one ex-state mine inspector. Sec. 2. The said Board of Examiners shall convene [ the capitol of the State, upon the call of the Gov- ■nor, once in each year, and remain in session, not to ceeed one week, and shall receive, as pay for their irviees the same per diem salary, from the time they ave their homes in this State, until they return there- I, and the same mileage in traveling to and from their Dmes to the capitol of the state, by the most feasible id convenient route, that is provided by law for mem- ;rs of the State Legislature. Sec. 3. Members of the said Board of Examiners, oath. jfore they shall assume the duties of their office, shall ike and subscribe the following oath, viz: We, the udersigned, do solemnly swear (or affirm) that we ill perform the duties of examiners into the character id' qualifications of applicants for appointment as tate Coal Mine Inspector to the best of our abilities, id that in recommending or rejecting said applicants, e will be governed by the evidence of the qualification [•escribed in this act, excluding from consideration all Dlitical, religious or personal affiliations ; and that we ill certify to the Governor of the State, as qualified )r the position of State Coal Mine Inspector, only Lose persons so found to be fully qualified for the aties of the office. Sec. 4. The qualifications of applicants for State Quaifflcations of oal Mine Inspector shall be as follows, viz: They Applicants, tail be citizens of the United States and of the State ' Wyoming, of temperate habits, of good reputation, tail have the age of thirty years, and shall have had ; least one year's experience in the working of coal iues in the State of Wyoming, and five years of prac- eal experience in the working of coal mines in the 36 LABOR LAWS OF THE STATE OF WYOMING United States, and they shall have practical knoAvledge of mining engineering, and of the different systems of working and ventilating of coal mines, and of the prop- erties and nature of the noxious and poisonous gases of coal mines, especially of fire damp. Vacancies. Sec. 5. As often as a vacancy in the office of In- spector of Coal Mines occurs from death, resignation or removal by the Governor, he shall appoint a suc- cessor from the list of eligibles, certified to him as qualified for the position, by the Board of Examiners herein provided for. List of EiigiMes. gee. 6. The list of persons certified to the Gov- ernor of the State by the Board of Examiners, herein created, as eligible for appointment as Inspector of Coal Mines, shall be kept on file, as a public document, in the office of the Secretary of State for Wyoming, subject to the inspection of any and everybody. Telephone Eciulp- ment Sequlred. Cliange of Loca- tion. Mine Regulations Telephones. (Chapter 68, Session Laws, 1913.) Section 1. There shall be a system of party line telephones installed, and kept in working condition by the coal company installing same, in each coal mine in operation in the State of Wyoming. Said telephone equipment shall include one tele- phone, on the surface and not to exceed one hundred feet from the mine tipple, . and one at the bottom' of each hoisting shaft and in drift or slope mines at the first cross entry or parting in operation where men are liable to congregate or be stationed, and in addition thereto there shall be one telephone on each side of the mine, if such side is in more than one thousand feet from the bottom of the hoisting shaft or in beyond one thousand feet beyond the first cross entries or part- ing in operation in drift or slope mines. Sec. 2. Telephones inside any coal mine may be changed to more convenient locations, other than as described in Section 1 of this act, if in the opinion of the State inspector of coal mines, in whose district the mine is located, it would make for greater safety of the men employed therein. LABOR LAWS OF THE STATE OF WYOMING 37 Check Numbers on Cars. Cbanglng Num- bers. (Chapter 89, Session Laws, 1913.) Section 1. It shall be unlawful for any person to change, exchange, substitute, alter or remove any num- ber or cheek number placed upon any car or pit car in or about any mine in the State of Wyoming, with the intent to cheat or defraud any other person out of the value of his services in mining and loading the coal or mineral contained in such car or pit ear; and it ^hall be unlawful for any person, with the intent to cheat or defraud another, to place any number or check num- ber upon any car or pit car loaded by any other person in or about any mine. Sec. 2. Every person who shall violate any of the Penalty, provisions of Section 1 of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not more than one hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. Miners' Hospital. Sec. 504. The State charitable institution located at Location and Eock Springs, Wyoming, originally known and desig- nated as the Wyoming State Miners' Hospital, shall be known and designated as "The Wyoming General Hos- pital." Sec. 505. The object of said hospital shall be to object, provide sustenance, care and medical and surgical at- tention for all miners who shall become disabled or in- capacitated to labor while working in the mines of the State, and who shall be in need of such sustenance, care or medical or surgical attention, and to such other per- sons as may be admitted under the laws, rules and reg- ulations established for the government thereof. Sec. 506. A board of visitors for said hospital, to Board of visit- consist of three persons, shall be appointed by the gov- ernor of the State in January of each year. Tt shall be the duty of the board of visitors to make a personal examination into the state and condition of said hos- pital and all its affairs twice at least in each year, and to report the result to the governor, suggesting such improvements as they may deem proper, which report shall be submitted to the legislature at its next session. 38 LABOR LAWS OF THE STATE OF WYOMING Charges for Treatment Revenues. Such board of visitors shall receive no compensation for their services. Sec. 507. It shall be the duty of the board of chari- ties and reform to establish a schedule of charges for care and treatment of patients which all persons treated at said hospital shall be required to pay, except in cases where such person or persons shall be adjudged a subject of charity under such rules as said board may adopt, for the government of said institution: Provided, however. Said board shall have power, and is hereby empowered to establish a schedule of charges so that members of any society, or any class of indi- viduals may, by the payment of an annual sum, be entitled to the benefits of care, and treatment at said institution, and any person who shall comply with the requirements of this section, and the rules of the board, adopted in conformity to the provisions of this section, shall be entitled to the benefits of said institution. Sec. 508. All revenues derived from the said hos- pital and all moneys received for the care of patients therein, shall be turned over to the State treasurer, and shall become a part of the fund known as the "State hospital maintenance fujid, " and all such sums shall be and the same are hereby appropriated and shall be used for the payment of the salaries and wages of officers and employees of the "Wyoming General Hos- pital, and to pay other expenses incurred in the con- duct, maintenance and support of the said hospital and for the care of patients therein. Eight-liour Day. Mines and Mining Article IX, Sections 1-4, page 5. Article XIX, Section 1, Eight-hour day, page 6. Miners' liens. Sections 3778-3798. Women and children in mines. Section 3107, page 46, HOURS OF LABOR. Public Works. (Chapter 90, Session Laws, 1913.) Section 1. The time of service of all laborers or workmen or mechanics employed upon any public works of the State of Wyoming, or of any county, city LABOR LAWS OF THE STATE OF WYOMING 39 and town or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of emergency caused by fire, flood, or danger to life or property ; or except to work upon public or military works or defenses in time of war. Sec. 2. Any person, or persons, body corporate, violations, agent, manager or employer who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall for each offense, be subject to a fine of not less than one hundred dollars or more than five hundred dollars, or imprisonment in the county jail for a period of not less than one month or not more than six months, or both such fine and imprisonment in the discretion of the court. For constitutional provision, see Article XIX, Sec- tion 1, Eight-hour day, page 6. Hours of labor in mines and smelters. Sections 3499 and 3500, page 7. Hours of labor for females. Chapter 45, Session Laws, 1915, page 40. Hours of labor for children, Section 4, Chapter 77, Session Laws, 1915, page 48. Hours for convicts on highways, Section 4, Chapter 44, Session Laws, 1911. Hours for working out road poll tax. Section 2562, Compiled Statutes. Sec. 3581. The first day of January, the twelfth day of February, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the day that may be appointed by the president of the United States as the annual thanksgiving day, the twenty -fifth day of December of each and every year, all days upon which general elections are held and arbor day, are hereby declared legal holidays in and for the State of Wyoming. If the first day of January, the twelfth day of February, the twenty-second day of February, the thirtieth day of May, the fourth day of July or the twenty-fifth day of December, fall upon a Sunday, the Monday following shall be a legal holiday. Legal Holidays. 40 LABOR LAWS OF THE STATE OF WYOMING Business Places to Be Closed. Exceptions. Sunday Labor. Sec. 5980. It shall be unlawful for any person or persons, company or corporation, to keep open any barber shop, store, shop or other place of business for the transaction of Wsiness therein, upon the first day of the week, commonly called Sunday: Provided, This section shall not apply to newspaper printing oifices, railroads, telegraph companies, hotels, restaurants, drug stores, livery stables, news depots, farmers, cat- tlemen and ranchmen, mechanics, furnaces or smelters, glass works, electric light plants and gas works, the vendors of ice, milk, fresh meat and bread, except as to the sale of liquors and cigars. Any person, com- pany or corporation who shall violate the provisions of this section, shall, on conviction thereof, be fined in a sum of money not less than twenty-five dollars, nor more than one hundred dollars, for each offense. Occupations- Hours. Exceptions. Penalty. WOMEN. Hours of Labor for Female Employees. (Chapter 45, Session Laws, 1915.) Section 1. No female shall be employed, or suffered or permitted to work in any manufacturing, mechani- cal, mercantile, printing, baking, laundering, or canning establishment or hotel, or telephone exchange, restau- rant, theater or place of public amusement, more than fifty-six hours in any one week, nor more than ten hours in any one day, and such working hours shall not extend over a longer period than twelve hours in any one day, and the continuous period of employment without rest shall not be for a period of hours longer than six, and that the period specified by the word "lunch" shall not be less than one-half hour nor more than for two hours ; nor shall there be included in any one week more than two days of ten hours each. Sec. 2. The provisions of Section 1, of this Act shall not apply to telephone offices or exchanges, em- ploying three females or less, or to hotels and restau- rants operated by railroad companies. Sec. 3. The employment of any female for a longer time in any day or in any week than as so provided in Section 1, of this Act, shall be deemed a violation of LABOR LAWS OF THE STATE OF WYOMING 41 this aet, and any person, firm or corporation so violat- ing the provisions hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine of not less than twenty -five dollars ($25.00), nor more than one hundred dollars ($300.00), or by imprisonment in the county jail for a period of not less than thirty (30) days or more than ninety (90) days, or by both such fine and imprisonment. Pro- vided further that each and every violation shall con- stitute a separate offense. Sec. 5815. Every person or corporation employing ^.^"^"^ *P ^"" females in any manufacturing, mechanical or mercan- Female Em- tile establishment in the State of Wyoming shall pro- pi°y«®^' vide suitable seats for females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Any person or corporation who shall violate the provisions of this section shall, upon conviction thereof, be considered guilty of a misde- meanor and shall be punished by a fine of not less than ten dollars nor more than thirty dollars for each and every offense. Sec, 2837. It shall be lawful for any married Protection of , 1 1. J 11- ■ 1. Married Woman. woman* whose husband spends his earnings at any game of chance, or for intoxicating drinks to the extent that herself or family are deprived of the common neces- saries of life, to serve a written notice by herself, or by some person authorized by herself, upon the keepers of places wherein games of chance are played for money, or for any article or articles representing money, forbidding them to allow, by themselves or by any person in their employ, the person named within the notice to participate in any such game ; it shall also be lawful in the same manner to serve notice upon saloon keepers and upon the keepers of bars or other places where intoxicating drinks are sold, to be drunk upon the premises, forbidding the keeper or keepers of such places to barter, give, sell or in any manner to furnish any vinous, fermented, spirituous or malt liq- uors, by himself, agent, employee or other person, di- rectly or indirectly, to the person named within the notice, and any person who shall fail to comply with such request shall be liable for any and all damages thereby sustained by the wife, or wife and children of the person so allowed to participate in gaming, or so 42 LABOR LAWS OF THE STATE OF WYOMING furnished any intoxicant, or intoxicants. The action for such damages shall be prosecuted in the name of such wife for her own use, if there are no children who suffer injury, and for the use of herself and children if there are such. Separate Estate Sec. 3908 (as amended by Chapter 15, Session Laws, Women!"*'* 1915). All the property, both real and personal, be- longing to any married woman as her sole and separate property, or which any woman hereafter married owns at the time of her marriage, or which any married woman during coverture acquires in good faith from any person whomsoever, by descent or otherwise, to- gether with all the rents, issues, increases and profits thereof, shall, notwithstanding her marriage, be and remain during eo\ srture her sole and separate prop- erty under her sole control and be held, owned, pos- sessed and enjoyed by her the same as though she were sole and unmarried, and shall not be subject to the dis- posal, control or interference of her husband, and shall be exempt from execution or attachment for the debts of her husband; provided that the same shall not have been conveyed to her by her husbtod in fraud of his creditors. Bower of Mar- ried Women to Contract. May Carry on Business. Sec. 3909. Any married woman may grafat, bar- gain, sell, remise, release, convey, transfer and assign to whom, and upon such terms, as to her may seem meet and proper, the whole or any portion of her prop- erty of every kind, character and description, whether real, personal or mixed, in the same manner and to the same extent as if she were unmarried, and she may likewise make contracts and incur obligations and lia- bilities, _ all of which may be enforced against her to the same extent and in the same manner as if she were unmarried. Sec, 3912. Any married woman may carry on any trade or business and perform any labor or services on her sole and separate account and the earnings of any married woman from her trade, business, labor or ser- vices, shall be her whole and separate property and may be used and entrusted by her in her own name, and she may sue and be sued as if sole in regard to her trade, business, labor, services and earnings, and her property acquired by trade, business and services and the proceeds thereof, may be taken on any execution LABOR LAWS OF THE STATE OF WYOMING 4J against her, except where the same shall be exempt under the exemption laws of the State. Note. — For wife desertion, see Chapter 72, Session Laws, 1915. PENSIONS FOR MOTHERS AND CHILDREN. (Chapter 32, Session Laws, 1915.) Section 1. Whenever any woman whose husband is who EUgiwe dead or has become permanently disabled for work by ""'"°*°- reason of physical or mental infirmity or is a prisoner, or has deserted her and such desertion has continued for a period of one year, and such woman is poor and is the mother of children under the age of 14 years, and such mother and children have been legal residents in any county of the State for one year, the District Court or the judge thereof may make an allowance to such woman as follows : First, not to exceed $20.00 a month, when she has but one child under the age of 14 years, and if she has more than one child under the age of 14 years, such allowance shall not exceed $20.00 a month for the first child and $10.00 a month for each of the other children under the age of 14 years. The order making such allowance shall not be effective for a longer period than 6 months, but upon expiration of such period said court may from time to time extend such allow- ance for a period of 6 months or less. The home of such woman shall be visited from time to time by a Probation Officer, agent of an Associated Charity Or- ganization, Humane Agent, or such other agent as the court may direct ; provided, that the person who ac- tually makes such visits shall be thoroughly trained in charitable relief work, and the report or reports of such visiting agent shall be considered by the court -in making such order. Sec. 2. Such allowance may be made by the Dis- conditions. trict Court or the judge thereof only upon the follow- ing conditions : First. The child or children for whose benefit the allowance is mp.de must be living with the mother of such child or children. 44 LABOR LAWS OF THE STATE OF WYOMING Duty of Board of County Com- missioners. Warrants. Petition and Hearing. Second. The allowance shall be made only when in the absence of such allowance the mother would be re- quired to work regularly away from her home and chil- dren, and that by means of such allowance she shall be able to remain at home with her children except by absence for work for such time as the court deems ad- visable. Third. The mother must in the judgment of the District Court or the judge thereof be a proper person morally, mentally and physically for the bringing up of her children. Fourth. Such allowance shall, in the judgment of the court, be necessary to save the child or children from neglect and to avoid the breaking up of the home of such woman. Fifth. It must appear to be for the benefit of the children to remain with such mother. Sixth. A careful preliminary examination of the home of such mother must first have been made by the Probation Officer, an Associated Charities Organiza- tion, Humane Agent, or such other competent person or agent as the court may direct, and a written report of such examination filed. Sec, 3. It shall be the duty of the Board of County Commissioners to make an appropriation of such sum as may be recommended by the District Court or the judge thereof for the purpose of paying such allow- ances as may be made during the year. Sec. 4. All payments of allowances as herein pro- vided shall be made on warrants drawn as other county warrants are drawn and paid by the county treasurer out of such fund. Sec. 5. A petition for such an allowance may be inade by any woman coming under the purview of this act, or it may be made on her behalf by any Probation Officer, Associated Charities Organization, or Humane Agent, and when such petition is filed it shall be set down for hearing at a time fixed by the court, and the report of the Probation Officer, Associated Charities Organization, or Humane Agent designated by the court to make tlie examination and report as required by Section 2 of this act shall be filed on or before such LABOR LAWS OF THE STATE OF WYOMING 4S hearing, and upon the date fixed by the court shall hear said report and any other evidence that may be offered, and at the conclusion of the same make such order as to the court seems proper in such matters. Protection of Children. Sec. 3101. It shall be unlawful for any person hav- Acrobatic ana , , , , J. 1 i! 1 -1 J J ii Mendicant Occu- ing the care, custody or control oi any child under the pations. age of fourteen years to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out or otherwise dispose of any such child to any person, in or for the vocation or occupa- tion, service or purpose of singing, playing on musical instruments, dancing, rope or wire walking, begging or peddling, or as a gymnast, contortionist, rider or acro- bat, in any place whatsoever; or as an actor or per- former in any concert hall or room where intoxicating liquors are sold or given away, or in any variety thea- ter, or for any illegal, obscene, indecent or immoral purpose, exhibition or practice whatsoever; or for or in any business exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage such child to engage therein. Nothing in this section contained shall apply to or affect the employment or use of any child as a singer or musician in any church, school or academy, or at any respectable entertainment, or the teaching or learning the science or practice of music. It shall be unlawful for any person to take, receive, hire, employ, use, or exhibit or have in custody any child, under the age, and for the purposes prohibited in this section. Sec. 3102. Any person who shall retain, harbor, in Houses of employ or permit the presence of any child, under the age of twenty-one years, in or about any assignation house, brothel or house of ill-fame, or in any place where any indecent or obscene or illegal exhibition takes place shall be fined not less than one hundred nor more than five hundred dollars to which may be added imprisonment in the county jail not more than twelve months, and the district courts and justices of the peace shall have jurisdiction concurrently of such offenses. Sec. 3103. It shall be unlawful for any person hav- a°„*^''i.ife ot°' ing the care, or custody of any child, wilfully to cause Heaitii of chu- or permit the life of such child to be endangered, or "*""' 46 LABOR LAWS OF THE STATE OF WYOMING Penalty. the health of such child to be injured, or wilfully to cause or permit such child to be placed in such a situa- tion that its life or health may be endangered, or wil- fully, or unnecessarily to expose to the inclemency of the weather, or wilfully to abandon such child, or to ill-treat, abuse, overwork, torture, torment, cruelly punish, and negligently or wilfully deprive of neces- sary food, clothing or shelter or in any other manner injure such child. [L. 1890-91, ch. 20, Sec. 1 ; L". 1895, ch. 46, Sec. 3; R. S. 1899, Sec. 2291.] Unlawful to Sell Sec. 3104. It shall be unlawful for any person or uJf^fTobiJ'cco— persons to give or sell cigarettes, spirituous liquors or ■'"'^"- tobacco to any person or persons under the age of six- teen years. [L. 1895, ch. 46, Sec. 4; R. S. 1899, Sec. 2292.] Sec. 3105. Any person who shall be convicted of violating any of the provisions of Sections 3101, 3103 and 3104 shall be fined not exceeding one hundred dol- lars, or be imprisoned in the county jail not exceeding three months, or both, in the discretion of the court; and upon conviction for a second or any subsequent offense, shall be fined not exceeding two hundred dol- lars, or be imprisoned in the county jail not exceeding six months. [L. 1895, ch. 46, Sec. 5 ; R. S. 1899, Sec. 2293.] js- Sec. 3107. Any person who shall take, receive, hire or employ, either in his or her own behalf, or as the agent, servant or employee of any person, persons, as- sociation of persons, copartnership, company, corpora- tion, any boy or male child under the age of fourteen years, or any woman or girl of any age, or shall allow or permit the said persons to be in or about any coal, iron or other dangerous mine, or underground works or dangerous place whatsoever in this State, for the purpose of employment therein or thereabouts, shall be fined not less than twenty-five dollars, nor more than one hundred dollars, to which may be added imprison- ment in the county jail not more than six months : Pro- vided, however, Tha,t the provisions of this section shall not affect or apply to the employment of a boy or fe- male of suitable age in an office, or in the performance of clerical work at such mine, colliery or place. Note. — See Constitution, Article IX, Section 3, page 5. Smployment of Women and Chil- dren In Mines. Proviso. LABOR LAWS OF THE STATE OF WYOMING 47 Employment of Children. > (Chapter 77, Session Laws, 1915.) Section 1. That no child under eighteen (18) years p^^^t^"^"* of age shall be employed or permitted to work in any brewery, distillery, saloon, concert hall or other estab- lishment where malt or alcoholic liquors are manufac- tured, packed, wrapped, bottled or sold ; no child under fourteen (14) years of age employed in. the public mes- senger service, shall be required to deliver any message, package or any other thing whatsoever to any brewery, distillery, saloon, concert hall, or other establishment where malt or alcoholic liquors are manufactured, packed, wrapped, bottled or sold, or to any premises used for immoral purposes. Sec. 2. That it shall be unlawful for any person improper Exiii- having the care, custody or control, of any child under oua'oceavatums.' the age of sixteen (16) years to exhibit, use or employ such child as an actor or performer in any concert hall or room where intoxicating liquors are sold or given away, or for any illegal, obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for any business or in any place, situation, or exhibition, or vocation injurious to the morals or health, or danger- ous to the life or limb of such child, or cause, procure or encourage such child to engage therein; nothing in this section contained shall apply to or affect the em- ployment or use of any such child as a singer or musi- cian in any church, school or academy, or the teaching or learning the science or practice of music, or in the physical development of its body in any respectable gymnasium or natatorium; nor shall anything in this section be construed to prevent children taking part in what are known as amateur entertainments or theatri- cals for charity, or not for profit, in schools, churches, settlement houses, or boys' or girls' clubs. Sec. 3. That it shall be unlawful for any person. Mines, smeiters „ , ■ , , ^ • 1 ■ 1 and Machine firm or corporation, to take, receive, hire . or employ stops, any child or children under fourteen (14) years of age, in any underground works, or mine, in or about the surface workings thereof, or to any smelter, coke oven, or to adjust any belt to any machinery, or to operate, or assist in operating, circular or band saws, wood shapers, wood joiners, planers, sand paper or wood pol- ishing machinery, emery or polishing wheels used for 48 LABOR LAWS OF THE STATE OF WYOMING Nine-hour Day. Seats for Girls. Penalty. polishing metal, wood turning or boring machinery, stamping machines in sheet metal and tin ware manu- facturing, stamping machines in washer and nut fac- tories; nor shall they be employed in operating any passenger or freight elevators, steam boiler, steam ma- chinery, or other steam generating apparatus, or auto- mobiles, wire or iron straightening machinery ; nor shall they operate, or assist in operating, rolling mill ma- chinery, punchers or shears, nor shall they operate, or assist in operating laundry machinery, nor shall they be employed in any capacity in preparing any composi- tion in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors, or white lead; nor shall they be employed in any capacity whatever in the man- ufacture of goods for immoral purposes. Sec. 4. That no person under the age of fourteen (14) years shall be employed, or suffered, or permitted, to work at any gainful occupation, except farm work or domestic service, more than fifty-six (56) hours in any one week, or more than nine (9) hours in any one day. Sec. 5. That no female under eighteen (18) years of age shall be employed, permitted, or suffered to work in any capacity where such employment compels her to remain standing constantly. Every person who shall employ any female under eighteen (18) years of age shall provide suitable seats, chairs, or benches, for the use of the females so employed, which shall be so placed as to be accessible to such employees, and shall permit the use of such seats, chairs, or benches, by them in so far as the nature of their work allows, and there shall be provided at least one seat to every three (3) female employees. Sec. 6. That any person, firm or corporation, em- ploying any child in violation of the provisons of this act, or permitting, or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be fined not less than twenty-five dol- lars ($25.00) nor more than one hundred dollars ($100.00) or imprisoned in the county jail not less than thirty (30) days nor more than ninety (90) days, or by both such punishments, in the discretion of the court. LABOR LAWS OF THE STATE OF WYOMING 49 For compulsory education, see Section 1956. Truancy, Sections 1957, 1958. Dependent and delinquent children, Chapter 99, Session Laws, 1915. Desertion of wife or children, Chapter 72, Session Laws, 1915. Hypnotizing children. Chapter 87, Session Laws, 19l:i Sec. 3430. It shall be unlawful for any person, com- contract ex- ,. , . £ -i. i empting Em- pany or corporation to require or its servants or em- pioyer from li- ployees, as a condition of their employment or other- *''''^*y '^o'*- wise, 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 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. Note. — See Constitution, Article X, Section 4, page 5, and Article XIX, Section 1, Labor Contracts, page 7. Sec. 4291. Whenever the death of a person shall be ^■^""j"^ '". . caused by wrongful act, neglect or default, and the act, survive, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action to 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, notwithstand- ing the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to murder in the first or second de- gree, or manslaughter. Sec. 4292. Every such action shall be brought by. Action m Name and in the name of, the personal representative of such fiL?m?t'ation!**''* deceased person ; and the amount received in every such action shall be distributed to the parties and in the proportions provided by law, in relation to the dis- tribution of personal estates left by persons dying in- testate. In every such case, the jury shall give such damages as they shall deem fair and just, and the amount so recovered shall not be subject to any debts so LABOR LAWS OF THE STATE OF WYOMING Injaiy oi Death of Employee. Contributory Negligence. or liabilities of the deceased; Provided, That every such action shall be commenced within two years after the death of such deceased person. Notes. — See Constitution, Article IX, Section 4, page 5. For partial repeal of Sections 4291 and 4292, see Section 2, Chapter 124, Session Laws, 1915, page 52, of this pamphlet. For limits to actions, see Sections 4297-4303, Cora- piled Statutes. Liability of Railroad Companies to Employees. (Chapter 132, Session Laws, 1913.) Section 1. Every person or corporation operating a railroad in the State shall be liable in damages to any person suffering injury while he is employed by such person or corporation so operating any such railroad, or, in case of the death of such employee, instantane- ously, or otherwise, to his or her personal representa- tive, for the benefit of the surviving widow or husband and children of such employee ; and, if none, then of such employee 's parents ; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negli- gence of any of the officers, agents or employers, of such person or corporation so operating such railroad in or about the handling, movement or operation of any train, engine, or car, on or over such railroad or by reason of any defect or insufficiency, due to its negli- gence, in its cars, engines, appliances, machinery, track, roadbed, works, or other equipment.- Sec. 2. In all actions hereafter brought against any such person or corporation so operating such railroad, under and by virtue of any of the provisions of this act, the fact the employee may have been guilty of con- tributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such em- ployee; provided, that no such employee who may be injured or killed shall be held to have been guilty of contribitory negligence in any case where the violation by such person or corporation so operating such rail- road of any statute enacted for the safety of employees contributed to the injury or death of such employee. Servant. LABOR LAWS OF THE STATE OF WYOMING 51 Sec. 3. Any employee of any such person or corpo- Hgence"of*Em?^ ration so operating such railroad shall not be deemed ^°jj'^_°^ FeUow- to have assumed any risk incident to his employment when such risk arises by reason of the negligence of his employer or of any person in the service of such em- ployer. Sec. 4. Any contract, rule, or regulation or device ^tc'^E'^t i^t^*^' whatsoever, the purpose or intent of which shall be to Liability void, enable any such person or corporation so operating such railroad to exempt itself from any liability cre- ated by this act shall, to that extent, be void. Nor shall any contract of insurance, relief, benefit or indemnity in case of injury or death, entered into prior to the injury, between the person so injured and such corpo- ration, or any person or association acting for such corporation, nor shall the acceptance of any such in- surance, relief, benefit, or indemnity by the person in- jured, his widow, heirs, or legal representatives after the injury, from such corporation, person or associa- tion, constitute any bar or defense to any cause of ac- tion brought under the provisions of this chapter, but nothing herein contained shall be construed to prevent or invalidafe any settlement for damages between the employer and the employees subsequent to injuries re- ceived. visions. THE WORKMEN'S COMPENSATION LAW. (Chapter 124, Session Laws, 1915.) Section 1. This act shall be known as the "Work- men's Compensation Law." Sec. 2. Compensation herein provided for shall be General Pro payable to persons injured in extra-hazardous employ- ments, as herein defined, or the dependent families of such, as die, as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Said compensation shall be payable from funds in the State treasury to be accumu- lated and maintained in the manner herein provided. The right of each employee to compensation from such funds shall be in lieu of and shall take the place of any and all rights of action against any employer contribut- ing, as required by law, to such fund in favor of any 52 LABOR LAWS OF THE STATE OF WYOMING Provisions Ex- clusive, Compul- sory and Obliga- tory. Eztra-liazard- ous Occupations. such person or persons by reason of any such injury or death. Sections 3526, 4291 and 4292 and all other laws or parts of laws relating to damages for injuries or death from injuries or in anywise in conflict with this act are hereby repealed, as to the employments, . employers and employees coming within the terms of this act. Note.— For Sections 3526, 4291 and 4292, see pages 25 and 49. Sec. 3. The rights and remedies provided in this act for an employee on account of an injury shall be exclusive of all other rights and remedies of such em- ployee, his personal or legal representatives or depen- dent family at common law or otherwise on account of such injury; and the terms, conditions and provisions of this act for the payment of compensation and the amount thereof for injuries sustained or death result- ing from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming within the provisions hereof. Sec. 4. The extra-hazardous occupation^ to which this act is' applicable are as follows : factories, mills and workshops where machinery is used; foundries, blast furnaces ; mines, . oil wells ; gas works ; natural gas plants ; water works ; reduction works ; breweries ; elevators ; dredges ; smelters ; powder works ; laundries operated by power ; quarries ; engineering works ; log- ging; lumbering and saw mill operations; street and interurban railroads not engaged in interstate com- merce; buildings being constructed, repaired, moved or demolished; telephone, telegraph, electric light or power plants or lines ; steam heating or power plants ; railroads not engaged in interstate commerce; bridge building and all employments wherein a process re- quiring the use of any dangerous explosive or inflam- mable materials is carried on, which is conducted for the purpose of business, trade or gain, each of which employments is hereby determined to be extra-hazard- . ous and in which from the nature, conditions or means of prosecution of the work therein required risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This act shall not apply in any case where the injury oc- curred before this act takes eflPect and all rights, which LABOR LAWS OF THE STATE OF WYOMING S3 have accrued by reason of any such injury prior to the taking effect of this act shall be saved the reme- dies now existing therefor. This act shall only apply to the employers by whom five or more workmen have been employed continuously for more than one month at the time of the accident; provided, that this act shall apply to the employments wherein dangerous ex- plosives are used or where the employment requires the performance of services upon derricks, scaffolding, poles or other structures ten feet or more above the surface of the ground without regard to the number of workmen employed. Sec. 5. This act shall not be construed to apply to Exceptions, business or employments, which according to law are so engaged in interstate commerce, as to be not subject to the legislative power of the State nor to persons in- jiired while they are so engaged. Sec. 6. In this act unless the context otherwise re- Definitions, quires : (a) "Factories" mean any premises wherein power is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing or renovat- ing any article for the purpose of trade or gain or the business carried on therein, including expressly any brick yard, meat-packing house, foundry, smelter, ore reduction works, lime-burning plant, stucco plant, steam heating plant, electric lighting or power plant including all work in or directly connected with the construction, installation, operation, alteration, re- moval or repair of wires, cables, switch-boards or ap- paratus used for the transmission of electric current, and water power plant, including towers and stand pipes, powder plant, blast furnace, paper mill, printing plant, flour mill, glass .factory, cement plant, artificial gas plant, machine or repair shop, salt plant, oil re- finery plant and chemical manufacturing plant. (b) "Work shop" means any yard, plant, prem- ises, room or place where power driven machinery is employed and manual labor is exercised by way of trade or gain or otherwise incidental to the process of making, altering, repairing, printing, or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place 54 LABOR LAWS OF THE STATE OF WYOMING the employer of the person working therein has the right of access or control. (c) "Mill" means any plant, premises, room or place where machinery is used, any process of ma- chinery, changing, altering or repairing any article or commodity for sale or otherwise together with the yards and premises, which are part of the plant includ- ing elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry. (d) "Mine" means any opening in the earth for the purpose of extracting iron, oil, coal or other min- erals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven, and in- cludes all the appurtenant structures or machinery, at or about the openings of the mine, and any adjoining adjacent work place where the material from a mine is prepared for use or shipment. (e) "Quarry" means any place, not a mine, where stCne, slate, clay, sand, gravel or other solid ma- terial is dug or otherwise extracted from the earth for the purpose of trade or bargain or of the employer's trade or business. (f) "Building work" means any work in the erection, construction, extension, decoration, altera- tion, repair or demolition of any building or structural appurtenances. (g) "Engineering work" means any work in the construction, alteration, extension, repair or demoli- tion of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, any caisson work or work in artificially com- pressed air, any work in dredging, work on log or lum- ber rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing, un- derground pipes and connections, the erection, install- ing, repairing, or removing of boilers, furnaces, en- gines and power machinery (including belting and other connections) and any work in grading or exca- vating where shoring is necessary or power machinery LABOR LAWS OF THE STATE OF WYOMING 5 5 or blasting powder, dynamite or other high explosives is in use (excluding mining and quarrying). (h) "Employer" includes any person, or body of persons corporate or incorporate, and the legal repre- sentatives of a deceased employer or the receiver or trustee of a person, corporation, association or partner- ship. (i) "Workman" means any person, who has en- tered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official posi- tion or standing in a representative capacity of the em- ployer. The term "workman" shall include "em- ployee' and shall include the singular and plural of both sexes. Any reference to a workman, who has been injured shall, where the workman is dead, include a reference to his ' ' dependent family, ' ' as hereinafter de- fined, or to his legal representative or where the work- man is a minor or incompetent to his guardian or next friend. (j) "Dependent families" as used in this act means such members of the workman's family, as were wholly or in part dependent upon the workman for support at the time of the injury and shall include widow or husband, as the case may be, and children, or if no widow, husband or children, the parents of the injured workman, if actually dependent upon him for support at the time of the injury; if it be shown that the surviving spouse wilfully deserted deceased without fault upon the part of the deceased, such sur- viving spouse will not be regarded, as a dependent in any degree. No surviving spouse shall be entitled to the benefits of this act unless she shall have been mar- ried to the deceased at the time of the injury. (k) "Child or children" means such that are un- der sixteen (16) years of age (and over said age, if physically or mentally incapacitated from earning), and shall also include legitimate children of the in- jured workman born after his death from injury. In other cases questions of family dependency in whole or S6 LABOR LAWS OF THE STATE OF WYOMING in part shall be determined in accordance with the fact, as the case may be at the time of the injury ; the fore- going definition of "dependent families" shall not in- clude any of the persons named, who are aliens resid- ing beyond the jurisdiction of the United States of America, except a surviving widow, or children under sixteen (16) years of age and as to such non-resident aliens the rate of compensation shall not exceed twen- ty-five per cent (25%) of the rates of compensation herein provided. (1) The words "injuries sustained in extra-hazard- ous employment," as used in this act shall include death resulting from injury, and injuries to employees, as a result of their employment and while at work in or about the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in places where their employer's business re- quires their presence and subjects them to extra-haz- ardous duties incident to the business, but shall not include injuries of the employee occurring while on his way to assume the duties of his employment or after leaving such duties, the proximate cause of which injury is not the employer's negligence. ( m ) The words ' ' injury and personal injury ' ' shall not include injury caused by the wilful act of a third person directed against an employee for reasons per- sonal to such employee, or because of his employment; nor a disease, except as it shall directly result from an injury incurred in the employment. (n) "Invalid" means one who is physically or mentally incapacitated from earning wages. Sec. 7. . In case an injured workman is mentally in- competent or a minor, or where death results from the injury, in ease any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right or privilege accrues to him under this act, his guardian may, in his behalf, claim and exercise such right or privilege and no limitation of time, in this act provided for, shall run, so long as such incompetent or minor has no guardian. Empi?|er'?s*" . .^ec 8. Where an employee coming under the pro- liaMe. visions of this act received an injury under circum- stances creating a legal liability in some person other Guardian Ma7 Act. LABOR LAWS OF THE STATE OF WYOMING 5 7 than the employer to pay damages in respect thereof, and no legal liability attaching to the employer, then and in such case such employee shall be left to his remedy at law against such other person, and compen- sation shall not be payable under this act. Sec. 9. No contract, rule, regulation or device tus Act whatsoever shall operate to relieve the employer, in whole or in part, from any liability created by this act except as herein provided. Sec. 10. It shall be the duty of the State treasurer li^^ed"bT the to prepare, cause to be printed and supplied free for ^***« Treasurer use in the administration of this law such blank forms, as may be needed by employers for reporting and cer- tifying pay-rolls of persons employed by them in extra- hazardous employments and for reporting injuries ; and forms for use of injured persons in making claims for compensation; also to provide himself with such other books, records or forms, as may be deemed necessary to expedite the transaction' of business under the pro- visions of this act. Sec. 11. Whenever an accident occurs causing in- Employer's Ee- , , . J! ii i 1 port of Accident. jury to any workman engaged m any ot the extra-haz- ardous employments defined by this act, it shall be the duty of the employer within 20 days thereafter to make a report of such accident and the injury resulting therefrom and to file said report in the office of the clerk of the District Court of the county wherein such accident occurred, which report shall state: (1) The name of the injured workman and the time, cause and nature of the accident and injury ; also whether the injury has disabled the workman from con- tinuing the performance of his duties. (2) "Whether the accident occurred while the workman was engaged in the duties of his emploj^ment, and grew out of the employment. (3) The nature of the employment and duties and how long the workman had been engaged in the service of such employer. (4) "Whether the accident was or was not due solely to the culpable negligence of the injured em- ployee and if so, a statement of the facts. 58 LABOR LAWS OF THE STATE OF WYOMING (5) Whether the injured workman is married or single; if married whether he has a dependent family and, if so, the names of the persons comprising such dependent family and their place of resid.ence. (6) "Whether the injured workman claims compen- sation under this act, and whether his right to compen- sation or the amount of compensation is disputed by his employer. Said report may be made upon a printed form pre- pared by the State treasurer for such purposes, and shall be verified as- pleadings in civil actions. Failure or neglect on the part of any employer whose business or occupation is one enumerated and defined herein, as being extra-hazardous, to report accidents causing in- jury to anj^ of his employees, shall be a misdemeanor and upon conviction such employer shall be punished by a fine of not exceeding five hundred ($500.00) dollars. Investigation by Sec. 12. Whenever an injury or death resulting Judge — Procedure from an injury is reported to the clerk of the District in Disputed Cases Qq-^^i ^f ^j^g county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said clerk to at once notify the judge of said court, that such injury report has been filed in his office. It shall thereupon be the duty of said judge to investigate the nature of said injury and claim for compensation at the earliest possible date, in such a manner, as he may deem necessary to ascertain whetli«r the claim for compensation or the amount thereof is disputed by the employer, and if there be no dispute, as to the right of the injured workman to receive coiri- pensation, or as to the amount thereof and the cliiim appear to be free from collusion, said judge shall there- upon make an order directing payment for such com- pensation from the State Industrial Accident Fund in accordance with the facts by him ascertained and the terms of this law. If there be a dispute, as to the right of said injured employee or his dependent family tcv receive compensation, or as to the amount thereof, then it shall be the duty of said judge to set the ease down for a hearing at the earliest possible date and to direct notice of such hearing to be issued by the clerk of said court for service upon the employer and the employee at least seven (7) days before the date fixed for said hearing, which said notice shall be served by LABOR LAWS OF THE STATE OF WYOMING 59 the sheriff of said county without expense to either party, except that his actual traveling expenses shall be allowed and taxed, as costs. The hearing shall be conducted upon the statement and report filed by the employer and such formal claims as may be presented and filed with the clerk of the District Court by or on behalf of the injured workman. If the employer in his report of the injury alleges that the injury was due solely to the culpable negligence of the injured employee, or that the claim for compensation is one not coming within the provisions of this law, then a jury may be demanded by either party and the cause shall be tried, as a court proceeding. If a jury is de- manded, it may be selected from names drawn from the five mile jury box, as in civil cases at any time in term time or vacation unless a regular jury panel be in attendance at court on the date any such hearing may occur. The taking of evidence shall be summary, giving a full opportunity to all parties to develop the facts fully. The official reporter of the district shall attend the hearing and make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting at- torney, or other competent attorney appointed by the court to conduct the examination of witnesses on be- half of the injured workman, and it shall be the duty of said attorney to appear and perform such service without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by the clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees for attendance and mileage, as is fixed by law in civil actions, and jury costs shall also be taxed to and paid from the accident fund, if the verdict and judgment be in favor of the employer, but if against the employer then he shall pay the costs. At the conclusion of the hearing, the court shall enter an order pursuant to the verdict of the jury, if a jury be called, and if no jury be called, the court or judge shall render a decision upon the facts and law of the case pursuant to the provisions of this act, and make an order allowing or disallowing compensation, as the law and the evidence may war- rant. In any proceeding before a court or judge, as aforesaid, the court or judge shall have authority to flrvnninf a r]'n^\r rtnolifior? iTnriPT'+inl nVivfiipifln in p"v- Appeal to Su- preme Court. 60 LABOR LAWS OF THE STATE OF WYOMING amine the injured employee and give testimony. T fee for such service shall be five ($5.00) dollars, imlc otherwise ordered by the court, with mileage allowanc as is allowed to other witnesses, which shall be taxe as costs, and paid as other witness fees are paid. T: employer or employee may at his own expense al appoint a qualified physician, who may attend and present at any such examination of an injured employ and give testimony at such hearing or investigation. Sec. 13. Any order given and made in any inves gation or hearing by a court or judge pursuant to tl provisions of this act shall be reviewable by the Sta Supreme Court on proceedings in error in the mann prescribed by the code of civil procedure; provide however, that the petition in error, bill of exceptioi and record on appeal must be filed in the Supren Court within thirty (30) days from the date of d cision or order on motion for new trial by a court or judge; unless the time be extended by order of ecu or judge, and thirty (30) days shall be allowed s parties thereafter for filing briefs and said appeal she be advanced on the calendar and disposed of as promp ly as possible. In case an appeal to the Supreme Cou is prosecuted on behalf of the injured workman, tl county and prosecuting attorney, or other attorm representing said workman shall order a transcript ^ the record of the hearing and proceeding to be pr pared by the official court reporter of the distri wherein said injury occurred and duly certified -wit out cost to Said injured workman, and said county ai prosecuting attorney or other attorney shall order tl papers on file in the office of the District Court to 1 by said clerk prepared, transcripted, certified and fo warded to the clerk of the Supreme Court without co to the injured workman, and the proceedings in tl Supreme Court shall be conducted on behalf of the i jured workman by the attorney general of the Sta as a part of his official duties, and by other attorn( representing said workman. In case an appeal 1 prosecuted on behalf of the employer, the record of tl proceedings at the original hearing shall be supplit without cost to such employer, but such employer mi employ counsel to conduct such appeal on his behal Sec. 14. Every order given and made by a Distri Court or judge awarding payment from the Industri LABOR LAWS OF THE STATE OF WYOMING 61 Accident Fund to an injured employee or his dependent co'rded^o*pief°" family, shall be entered of record by the clerk of the to Auditor and court where given and true copies thereof shall be im- '■'"*™"'^- mediately made and certified by said clerk and for- warded to the state auditor and state treasurer, re- spectively, of Wyoming, and shall be by each of said oiBcers entered upon a record to be known as the Com- pensation Docket and shall be the authority and direc- tion of the state auditor to issue warrants for com- pensation awards against the Indsutrial Accident Fund and for the state treasurer to pay such compensation awards from said fund. Sec. 15. There is hereby created a fund to be ient^F'^a_^4°'" known as the "Industrial Accident Fund, "which shall propriation, be held by the state treasurer and by him deposited in such banks as are authorized to receive deposits of funds of the State. All moneys received by the State treasurer under the provisions of this act shall become a part of the Industrial Accident Fund and there is hereby appropriated out of the funds in the State treasury not otherwise appropriated the sum of thirty thousand dollars ($30,000.00), which shall be paid into and become a part of such fund. There is also appro- priated annually, until otherwise provided by law, out of any moneys in the State treasury not otherwise ap- propriated a sum equal to one-fourth of the total sum, which shall be received by the State treasurer from employers under the provisions of Section 16 hereof not, however, to exceed the sum of forty thousand dol- lars ($40,000.00), per annum, and the moneys so ap- propriated shall be credited to and become a part of such fund. All fees or mileage of witnesses, jurors and physicians adjudged to be paid from the accident fund in any court proceeding under this act, and all contingent expenses incurred in preparing for and in the administration of this act shall be paid from the Industrial Accident Fund on proper vouchers and war- rants. Sec. 16. Every employer engaged in any of the oc- Employers' as- cupations herein defined, as extra-hazardous, is hereby required to pay into the State treasury for the benefit of the Industrial Accident Fund a sum of money equal to two per cent (2%) of the moneys earned by each of his employees engaged in such extra-hazardous employ- 62 LABOR LAWS OF THE STATE OF WYOMING from and after April 1st, 1915. Such payment shall be so made on or before the 15th day of the month following the month for which such payments are com- puted and paid. The State treasurer shall keep a sepa- rate account for each employer so contributing to said fund. Each employer shall continue to make monthly contributions as above provided, unless the sum there- fore contributed by him, after deducting all payments made on account of injuries to his employees and all allowances made on account of such injuries, shall equal full two per cent (2%) of his annual pay-roll computed by multiplying his current month's pay-roll of workmen engaged in extra-hazardous employment by twelve, and shall likewise be not less than five thou- sand ($5,000.00) dollars. Such employer shall not be compelled to contribute when his contributions in the fund, after making deductions as aforesaid, shall equal two per cent (2%) of his annual pay-roll, and shall likewise be not less than five thousand ($5,000.00) dol- lars. to »tatf TiiLf-"^^ ^^^- ^'^- ^^ ^^^^^ ^® ^^® ^^^y °^ ^^'^^ employer to Tirer. forward to the State treasurer on a blank form pro- vided by said State treasurer, a true copy of his pay- roll of persons in his employ engaged in extra-hazard- ous employment during the current calendar month, on the tenth day of the next succeeding calendar month, sworn to either by himself or the person having knowl- edge of said pay-roll, and any statement contained in such verified copy, which can be shown to have been made falsely and with a wilful intention to evade the provisions of this act shall constitute a misdemeanor punishable by a fine of not more than five hundred (.$500.00) dollars. Sec. 18. It shall be the duty of the county assessors in each of the counties of the State to make a list of all employers within their respective counties, who are engaged in extra-hazardous industries, as defined by this act, and to forward such list of extra-hazardous employments and industries to the State treasurer within thirty (30) days after the passage and approval of this act. It shall be the duty of county assessors of each of the counties of the State to make monthly re- ports to the State treasurer, showing what, if any, ex- tra-hazardous industries have suspended business per- manently, and what if any new extra-hazardous Indus- Duty of County Assessor, State Treasurer and Attorney General. LABOR LAWS OF THE STATE OF WYOMING 63 tries have been established and commenced in their respective counties during the preceding month, and it shall be the duty of the State treasurer to imme- diately proceed in the collection of assessments from said extra-hazardous industries, as is provided in Sec- tion 16 of this act, and in ease any employer engaged in an extra-hazardous business or industry, as defined by this act, shall -fail or refuse to pay the assessment upon his current monthly pay-roll, as is required by this act, then it shall be the duty of the attorney gen- eral of the State to immediately bring suit in the name of the State for the benefit of the Industrial Accident Fund against such employer for the collection of such assessment, and if a judgment for the recovery of said assessment be given in favor of the State for the use and benefit of the Industrial Accident Fund, said judg- ment shall be for double the amount of the pay-roll assessment provided by Section 16 hereof, together with costs. Sec. 19. Each employee, who shall be injured in fcSidiue**'"" any of the extra-hazardous employments, as herein de- fined, or the dependent family of any such injured . workman, who may die as a result of such injuries, except in case of injuries due solely to the culpable negligence of such injured employee, shall receive out of the Industrial Accident Fund, compensation in ac- cordance with the following schedule, and such pay- ment shall be in lieu of and take the place of any and all rights of action against any employer contributing, as required by this act to the Industrial Accident Fund in favor of any person or persons by reason of any such injuries or death : (a) "Permanent, partial disability" means the loss of either one foot, toe leg, one hand, one arm, one eye, one or more fingers, one or more toes, any disloca- tion where ligaments are severed, or any other injury known in surgery to be permanent, partial disability. For any permanent, partial disability resulting from any injury, the workman shall receive a lump sum as hereinafter specified . i i i i a e i a a i i i. i 64 LABOR LAWS OF THE STATE OF WYOMING For the loss of a thumb $ 150.00 first finger 125.00 second finger 100.00 third finger 100.00 fourth finger 75.00 palm (metacarpal bone) 400.00 " " " " " hand 800.00 " " " " " an arm at or be- low elbow 900.00 " " " " " " above elbow 1000.00 For Anky-losis (total stiffness of) or contractures (due to scars or injuries) which makes the fingers more than useless, the same amounts apply to such finger oi fingers (no thumb) as given above. The loss of the second finger or distal phalange oi the thumb shall be considered to be equal to the loss of one-half of such thumb ; the loss of more than one- half of such thumb shall be considered to be equal tc the loss of the whole thumb. The loss of the third or distal phalange of any fingei shall be considered to be equal to the loss of two-thirds of such finger. The loss of more than the middle and distal pha- langes of any finger shall be considered to be equal tc the loss of the whole finger ; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule foi the loss of a hand. For the loss of a great toe $100.00 " " " " one of the toes other than great toe 50.00 The loss of more than two-thirds of any toe shall be considered to be equal to the loss of the whole toe The loss of less than two-thirds of any toe shall be considered equal to the loss of one-half of the toe. For the loss of a foot $ 800.00 For the loss of a leg below the knee 900.00 For the loss of a leg above the knee 1000.00 For the loss of an eye 700.00 For any other injury known to surgery to be per manent partial disability, the workman shall receive i lump sum in an amount proportioned to the extent ol LABOR LAWS OF THE STATE OF WYOMING 65 such permanent partial disability based as near as may be upon the foregoing schedule. (b) "Permanent total disability" means the loss of both legs, or both arms, or one leg and one arm; total loss of eyesight, paralysis or other condition per- manently incapacitating the workman from perform- ing any work at any gainful occupation. Where there has been a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by deducting therefrom the percentage of the previous disability, as it existed at the time of the subsequent injury. When permanent total disability results from the injury, the workman shall receive : (1) If unmarried at the time of injury a lump sum of $1000.00. (2) If the workman had a wife or invalid husband, but no child under the age" of sixteen (16) years, a lump sum of $1,200.00. (3) If the workman had a wife or husband and a child or children under the age of sixteen (16) years of age, or being a widow or widower, for any such child or children the lump sum provided in the preced- ing paragraph shall be increased by adding thereto a sum equal to sixty ($60.00) dollars, per year for each child for each year until each child shall be of the age of sixteen (16) years, but the total amount of such in- creased sum allowed for children under sixteen (16) years of age shall not exceed in the aggregate a sum equal to one and one-half the sum allowed to the widow or widower in any such case. (c) "Temporary total disability" means an injury which temporarily incapacitates the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by medical or surgical treatment and be able to resume work. In such cases, if the workman be un- married at the time of the injury, he shall receive the sum of fifteen ($15.00) dollars per month, so long as the total disability shall continue. If he have a wife with whom he is living at the time of the injury, he shall receive twenty ($20.00) dollars per month, and 66 LABOR LAWS OF THE STATE OF WYOMING if he have children under sixteen (16) years of age, he shall receive five ($5.00) dollars per month for each child under sixteen (16) years of age, but the total monthly payment shall not exceed thirty-five ($35.00) dollars per month. No compensation shall be allowed for the first ten days of disability, but if the incapacity extends beyond the period of ten days, compensation shall begin on the eleventh day after such injury. As soon as recovery is so complete that the earning power of the workman at any kind of work is re- stored, the payments shall cease ; but in no case shall the total payments made in such cases exceed in the aggregate the lump sum amount herein specified to be paid an injured workman for injuries causing perma- nent total disability. (d) "Where death results from an injury, the ex- pense of burial shall be paid not to exceed fifty ($50) dollars in any case ; unless other arrangements exist between employer and employee, under agreement. (1) But if the workman leaves a widow or invalid widower, such surviving spouse shall receive a lump sum payment of $1,000.00, to which shall be added a lump sum aggregating the present worth of sixty .($60.00) dollars per year for each surviving child un- der sixteen (16) years of age until the time when each of said surviving children shall become sixteen (16) years of age, provided that the aggregate sum so added on account of children under sixteen (16) years of age shall in no ease exceed an amount equal to the lump sum provided to be paid the surviving spouse, and pro- vided further that if it be shown that the surviving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spouse shall not be regarded as a dependent in any degree, but in such cases the right of children under sixteen (16) years of age to compensation shall not be defeated, but the aggregate sum allowed them shall not exceed in any case the amount which would have been pay- able to the surviving spouse if there had been no de- sertion of the deceased. In all cases where an order of compensation is made on account of children under sixteen (16) years of age or to persons incompetent, said fund shall be disbursed under a proper guardian- ship to lie created by the court or judge making such an order. LABOR LAWS OF THE STATE OF WYOMING 67 (2) If the injured workman die during a period of temporary total disability and after receiving com- pensation therefor, as herein provided, and his death be shown to have resulted from such injuries, the total amount of payments received by him during such dis- ability and prior to his death will be deducted from the lump sum amount herein provided to be paid to the surviving widow and children under sixteen (16) years of age in case of death resulting from injuries. (3) If the workman leaves no widow, widower or child under the age of sixteen (16) years, but leaves a parent or parents surviving, who were actually depend- ent upon him for support, such surviving parent or parents shall receive a lump sum which shall be com- puted at the rate of fifty per cent (50%) of the average monthly support actually received by such parent or parents from the workman during the twelve months next preceding the occurrence of the injury calculated as near as may be over the probable period such sup- port would have continued, but in no case exceeding the sum of five hundred ($500.00) dollars. Sec. 20. If any injured employee shall persist in Forfeiture by in- unsanitary or injurious practice, which tends to im- ^aymen^^^witti^ peril or retard his recovery, or if he shall refuse to iieM. submit to such medical or surgical treatment, as is reasonably essential to promote his recovery, he shall forfeit all right to compensation under this act ; and where an injured employee is under care and treat- ment of a physician, he shall not be permitted to per- sonally receive or use any compensation payments al- lowed him under this act, except upon the order of such physician, but such payments shall be withheld and delivered to such injured workman upon his re- covery or discharge by such physician. Sec. 21. No money paid or payable under this act |^|^„»Jj,°„" J^°^^_ out of the Industrial Accident Fund shall, prior to is- tachment. suanee and delivery of the warrant therefor be capable of being assigned, charged or ever be taken in execu- tion or attached or garnished, or shall the same pass to any other person by operation of law, any such as- signment or charge shall be void. Sec. 22. A minor working at an age legally per- Minor workman, mitted under the laws of this State shall be deemed sui juris for the purpose of this act and no other person 68 LABOR LAWS OF THE STATE OF WYOMING Estia-hazardous Public Work — Contract Work. Safety Devices. shall have any cause of action or right to compensa- tion for injury to such minor workman, except as ex- pressly provided in this act, but in the event of a lump sum payment becoming due under this act to such minor workman, the management of same shall be with- in the probate jurisdiction of the courts, the same as any other properties of minors. Sec. 23. Whenever the State, county or any muni- cipal corporation shall engage in any extra-hazardous work in which workmen are employed for wages, this act shall be applicable thereto. The employer's pay- ments into the Industrial Accident Fund shall be made from the treasury of the State, county or municipality. If said work is being done by contract, the pay-roll of the contractor and the sub-contractor shall be the basis of computation, and in the case of contract work con- suming less than one year in performance the required payment into the accident fund shall be subject to the provisions of this act and the State for its general fund, the county or municipal corporation shall be en- titled to collect from the contractor the full amount payable to the Industrial Accident Fund and the eon- tractor, in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment; the provisions of this section shall apply to all extra- hazardous work done by contract, except that in pri- vate work the contractor shall be responsible, pri- marily and directly, to the Industrial Accident Fund for the proper percentage of the total pay-roll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. Whenever and so long as the State law, city charter or municipal ordinance, provision is made for municipal employees injured in the course of employment, such employee shall not be entitled to the benefits of this act and shall not be included in the pay-roll of the municipality under this act. Sec. 24. Nothing in this act contained shall repeal any existing law providing for the installation or main- tenance of any device, means or method for the pre- vention of accidents in extra-hazardous work or for a penalty or punishment for failure to install or main- tain any such protective device, means or method. LABOR LAWS OF THE STATE OF WYOMING 69 Sec. 25. It shall be unlawful for any person or any T^^ ^<" services number of persons acting together or separately or in co:5enBa^n any way, including attorneys, agents, interpreters, and ^*"***'*- all other persons, to receive or agree to receive either directly or indirectly from any beneficiary or benefi- ciaries under this act, for services rendered or to be rendered, either jointly or separately, in relating to procuring any benefit or benefits under this act, any sum or sums aggregating more than fifty dollars or more than five per centum of the whole amount re- ceived or to be received by such beneficiary or benefi- ciaries oh account of injuries to any employee. Every person violating or concerned in the violation of the provisions of this section shall be guilty of a misde- meanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than five hundred dol- lars, to which may be added imprisonment in the coun- ty jail for a term not exceeding ninety days. Sec. 26. Any physician having attended an em- ^''?^°!5'?°^_^«".^ , . / • , .. , • T , quired to Testify. ployee m a protessional capacity may be required to testify before any court or judge when so directed in cases, coming within the provisions of this act, and the law of privileged communication between physician and patient, as fixed by statute shall not apply in such cases. Sec. 27. Any employee or workman who shall make Jaise statement i -u J I,- -u -u ij: ■ 4- *y Employee. or cause to be made on his behalt any misrepresenta- tion or false statement for the purpose of receiving compensation under this act to which he is not law- fully entitled shall be guilty of a misdemeanor, and shall on conviction, be fined not more than three hun- dred ($300.00) dollars or imprisoned for not more than ninety (90) days. Sec. 28. It shall be the duty of the State treasurer statistics com- to secure and compile statistical information concern- Treasurer, ing accidents occurring in the extra-hazardous employ- ment defined by this act, showing the number of acci- dents or fatalities occurring in each of said employ- ments, the amount paid in by each employer coming within the provisions of this act; the amount paid out on account of injuries, or death resulting from injuries in such employments and any other information relat- ing to the operation or administration of this law that may be of interest and to make a full report thereof. 70 LABOR LAWS OF THE STATE OF WYOMING State Examiner May Examine Employer's Books. Disabled Work- man Examined by Employer's Physician — Re- covery Beported to Court. together with such recommendations as he may deem proper for changes or amendments herein, and to pub- lish a full report thereof, to the legislature on or -before each succeeding session following the passage and ap- proval of this act. Sec. 29. The State treasurer may direct the State examiner to examine the books, accounts or pay-rolls of any employer at any time for the purpose of secur- ing any information desired in the administration of this act, and it shall be the duty of the State examiner to perform such service when called upon by the State treasurer. Sec. 30. Any workman awarded compensation for temporary total disability under this act, as defined by clause (c) of Section 19 hereof shall, if thereafter re- quested by his employer, submit himself for medical examination by a physician licensed to practice medi- cine in this State, at a place designated by the em- ployer and which shall be reasonably convenient for the workman, and said workman may have a licensed physician present of his own selection. The purpose of such examination shall be to determine whether the workman has i-ecovered so that his earning power at any kind of work is restored. If it be agreed that the workman has recovered so that his earning power ai any kind of work is restored, the fact shall be reported by the employer and said physician to the .iudge of the District Court who made the award in the first in- stance, or if there be a dispute, as to the recovery of the workman and his restoration to earning power, it shall be likewise reported to said judge by filing a statement in either case in the office of the clerk of the District Court of the county where the award was made and the matter shall be disposed of in such man- ner as said judge may deem proper under the facts. Tf said judge find that said workman has recovered and has been restored to his earning power and that com- pensation should be discontinued, his decision and judgment in the premises shall be certified to the State auditor and State treasurer and shall be authority and direction to said officers to discontinue compensation payments. Tf the workman in such case refuse to sub- mit to such examination or obstructs the same, his right to monthly payments shall be suspended until such ex- LABOR LAWS OF THE STATE OF WYOMING 71 amination has taken place, and no compensation shall be payable during or for account of such period or refusal. Sec. 31. All employees or workmen coming within fj^timent^f the provisions of this act shall be required upon enter- Dependent Ber- ing service in any of the extra-hazardous employments herein defined to make and sign a written statement setting forth the names of the persons dependent upon them for support or constituting members of their de- pendent families, in each case giving the names and ages of their children under the age of sixteen (16) years. Sec. 32. All payments made into the Accident Fund Payments of Em- by any and every employer under the provisions of this Refunded, act shall be taken as paid and received in considera- tion of the indemnity to such employer by reason of his contributing to the Industrial Accident Fund and in consideration of the payments made by the State to such fund, and no part of any moneys so paid in by any employer shall ever be refunded to him either dur- ing the time when he continues in business as such em- ployer, or after he ceases such business. Provided, however, if this act shall be hereafter repealed or held invalid, all moneys which are in the Industrial Fund at the time of the repeal or final holding of invalidity shall be subject to such dispositon as may be provided by the legislature and in default of such legislative provision, distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing. Sec. 33. This act shall not affect any contract en- Existing con- in . . tracts and Pend- tered into and existing before- its passage or any ac- ^^ Actions Not tion pending or cause of action existing prior to April Affected. 1st, 1915. Sec. 34. This act shall take eifect and be in force from and after the 1st day of April, 1915. Note.— See Constitution, Article X, Section 4, page 6. 72 LABOR LAWS OF THE STATE OF WYOMING Wages preferred Claims in Assign- ments. Assignments of Claims to Evade Exemptions. Aiding. Evidence. WAGES Sec. 3390. No assignment for the benefit of cred- itors shall give any preference of one debt or class of debts over any other debt or class of debts, and any sue~h provision in any assignment for the benefit of creditors shall be null and void; save and except that in all cases of assignment under this chapter, the wages of employees of the assignor for the period of three months prior to the date of assignment shall be and constitute preferred claims over all and singular other claims against such estate, and shall be first paid out of the assets of the estate of the assignor. * * • Sec. 3424. It is hereby declared unlawful for any creditor or other holder of any evidence of debt, book account, or claim of any name or nature against any laborer, servant, clerk or other employee of any cor- poration, firm or individual in this State for the pur- pose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill or debt of any name or nature whatever, to any other person or persons, firm, corporation or institution, or to institute elsewhere than in this State, or prosecute any suit or action for any such claim or debt against any such laborer, servant, clerk or employee, by any process seeking to seize, attach or garnishee the wages of such person or persons earned within sixty days prior to the commencement of such proceedings for the purpose of avoiding the effect of the laws of the State of Wyoming concerning exemptions. Sec. 3425. It is hereby declared unlawful for any person or persons to aid, assist, abet or counsel a viola- tion of the foregoing section for any purpose what- ever. Sec. 3426. In any proceeding, civil or criminal, growing out of a breach of the provisions of this chap- ter, proof of the institution of a suit or service of gar- nishment summons by any persons, firm or individual in any court of any State or Territory other than this State, to seize by process of garnishment or otherwise, any of the wages of such person as defined in the two preceding sections shall be deemed prima facie evi- dence of an evasion of the laws of the State of Wyom- ing, and a breach of the provisions of this chapter on LABOR LAWS OF THE STATE OF WYOMING 73 the part of the creditor or resident in "Wyoming caus- ing the same to be done. Sec. 3427. Any person, firm, company or corpora- P»"a,i*y- tion, or business institution guilty of a violation of any of the provisions of this chapter shall be liable to the party so injured for the amount of the debt sold, as- signed, transferred, garnished, or sued upon, with all costs and expenses, and a reasonable attorney's fee to be recovered in any court of competent jurisdiction in this State, and shall further be liable by prosecution to punishment by a fine not exceeding the sum of one hundred dollars and costs of prosecution. Sec. 3432. No assignment of, or order for, wages ^^^^Ij'^^jjm- to be earned in the future to secure a loan of less than pioyer's Accopt- two hundred dollars, shall be valid against an employer *'"'® ecessary. of the person making said assignment or order until said assignment or order is accepted in writing by the employer, and said assignment or order and the accept- ance of the same have been filed and recorded with the clerk of the city or town where the party making said assignment or order resides, if a resident of this State, or in which he is employed, if not a resident of the commonwealth. Sec. 3433. No such assignment of, or order for, consent of wife, wages to be earned in the future shall be valid, when made by a married man, unless the written consent of his wife to the making of such assignment is attached thereto. Sec. 3434. National banks and all banking institu- ^anks Exempt, tions which are under the supervision of the bank ex- aminer shall be exempt from the provisions of this chapter. (Sections 3432 and 3433.) Sec. 4787. The plaintiff, or his agent or attorney, ^^'^"ifS^^'-Baii. in a judgment against a railroad company, rendered in road Employees, any court, upon a claim due to common laborers for work performed for the company, or for crossties, lum- ber or wood furnished thereto, to- be used in the con- struction, repair or operation of its road, or for the erection of fences along the line of its road, required by law to be erected, or upon a note or other evidence of indebtedness, given for the considerations aforesaid, may file with a precipe for execution upon such judg- ment his affidavit, setting forth the claim upon which 74 LABOR LAWS OF THE STATE OF WYOMING Garnishment of Wages, Etc. — Public Em- ployees. Exemptior of Wages from Ex- ecution. the judgment is founded, that he has no knowledge of any property of the defendant liable to levy and sale upon the execution, and that a person or corporation, to be therein named, and within the jurisdiction of the officer to whom the execution is to be directed, is in- debted to the defendant, or has property or claims of the defendant in his possession or under his control, as agent of the defendant or otherwise ; and thereupon the clerk shall issue a notice to each person or corpora- tion named, to the effect that he is required to pay over and deliver to the officer holding such writ, the money, property and claims of the defendant, in his possession, or under his control, at any time before the satisfaction of the judgment, not exceeding an amount sufficient to pay the same and costs. Note. — For procedure, see Sections 4788-4793, Sec. 4797 (as amended by Chapter 56, Session Laws, 1911). The salary or wages due any State, county, city, town or school district officer or employee, shall be lia- ble and subject to garnishment in civil actions in the same manner and for the same causes as the salary or wages of any private individual now is, or may here- after be, liable and subject to garnishment under the laws of this State. This act shall apply to the salary or wages due to any officer or employee of the State or of any county, city, town or school district of the State, whether said officer or employee shall have been elected or shall have been appointed to the office or position which he holds. Sec. 4810. The judge may order any property of the judgment debtor, or money due him, not exempt by law, in the hands of either himself or other person or of a corporation to be applied toward the satisfaction of a judgment ; but one-half of the earnings of the judg- ment debtor for his personal services, rendered' at any time within sixty days next preceding the levy of exe- cution or levy of attachment, and due and owing at the time of such levy of execution or attachment are exempt when it appears by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of his family residing in this State, supported wholly or in part by his labors. This section shall apply to proceedings in judgment; and to proceedings in all courts in this State. LABOR LAWS OF THE STATE OF WYOMING 75 Sec. 5595. All demands against the estate of any SaSI— ta'Ad-*^ deceased person shall be divided into the following ministration, classes : 1. Funeral expenses and expenses of administra- tion. 2. Expenses of the last sickness and of any sums of money that may be due by decedent personally to serv- ants and employees for services rendered within the sixty days next preceding his death. * * * For protection of wages of aliens, see Sections 3429 and 5976. Semi-monthly pay day in mines, Section 3549, page 31. LIENS. Personal Property. Sec. 3753 (as amended by Chapter 100, Session Laborers- Liens. Laws, 1913). Any mechanic, artisan, civil engineer or laborer who shall make, alter, repair or bestow labor upon any article of personal property, or upon the con- struction of any ditch, canal or reservoir or appurte- nances thereto, or who shall furnish materials from which the same is made or repaired at the request of the owner or his agent shall have a lien upon such articles of personal property, ditch, canal or reservoir or appurtenances thereto for his reasonable charges for labor performed or materials furnished and used in such making, repair or improvements. [If any such charges for which a lien is given be not paid within thirty days after the same becomes due, appraisers may be appointed by a justice of the peace, who under oath appraise the value of the property on which the lien is claimed. After due notice to the owner, such property may be sold at public auction, at not less than two-thirds of the appraised value. The holder of the lien may purchase. The justice of the peace who appointed the appraisers keeps a record of the bills of sale of the articles sold. Appraisers, clerks, and criers receive three dollars per day, and the justice receives twenty cents per hundred words for warrants of appraisements and records of bills of sale. Chattel mortgages are subject to such liens. Sections 3757-3766.] LABOR LAWS OF THE STATE OF WYOMING Liens. Timber Liens to Scc. 3767. All lien claims for labor performed in llt^*'*^" cutting or manufacturing railroad cross ties, wood, poles, or lumber, or for doing any labor in reference thereto, shall be concurrent liens upon the same, and shall be paid, pro rata, out of the proceeds arising from the sale thereof, if the same shall be sold. Identification of Scc. 3768. Persons entitled to a lien for labor per- autoid*fn ^Timber formed in cutting or manufacturing any railroad cross ties, wood, poles, or lumber, shall not be required to identify any particular tie or ties, or sticks, poles or boards, but may maintain their lien against any or all of that class of property owned and held by the per- son or persons from whom their pay for such labor is due, and may seize and sell the same as provided in this chapter. Sec. 3769. No lien upon personal property shall be valid as against an innocent and bona fide purchaser, unless the person having the right of such lien shall notify said purchaser before he makes payment for such property, of the existence of such lien, in which case, the purchaser shall be responsible to the person having such lien claim against said property, for the full amount of his claim, and all legitimate costs and expenses, and payment made on such lien claim shall apply on payment for such personal property. When Lien Not to Affect Bona Fide Purcbasers. Miners' Liens. Coal Mines. Section 1 (Chapter 26, Session Laws, 1911). That every laborer, or miner, who shall perform labor in opening or developing any coal mine, including sink- ing shafts, constructing slopes, or drifts, mining coal and the like, shall have a lien upon all of the property of the person, firm or corporation owning, construct- ing or operating such mine, used in the construction or operation thereof, including real estate, buildings, engines, cars, mules, horses, scales and all other per- sonal property, for the value of such labor for the full amount thereof, upon the same terms, with the same rights and to be secured and enforced as mechanics and builders' liens are secured and enforced. LABOR LAWS OF THE STATE OF WYOMING 7 7 Sec. 3778. Every miner or other person who, at the ^'«" °^ Laborer, request of the owner of any ledge or lode of quartz bearing gold, silver, lead, cinnabar or copper, or of any coal bank or mine, shall work in or upon said mine or bank, or do assessment work upon or in any mining claim, lode or placer, or upon or in any soda well or lake, oil well or spring, shall have a lien upon such vein or lode, mine, bank, well, lake or spring, to the amount due at any time, when a demand shall be made upon such owner or his or their agent, for money due for such labor, and payment shall be refused. Sec. 3779. Any person who shall labor as a me- ^ien for Mate- rials. chanic or otherwise, or who shall furnish timber, lum- ber, rope, nails or any other material for timbering shafts or levels for the mine, or who shall furnish any kind of materials for erecting windlass, whim or other hoisting apparatus upon any vein, mine or coal bank, referred to in the preceding section, shall also have a lien upon the mine or coal bank for which such mate- rials, or upon which he performed such labor. Sec. 3780. The party seeking a lien shall proceed. Enforcement of so far as the proceedings are applicable, in the same manner, to enforce a lien as by law required in the ease of mechanics and other persons seeking to enforce a lien upon dwelling houses and other buildings, ex- cept when other provisions are made by this chapter. Sec. 3781. When any sum, exceeding ten dollars, *^''"'=' °' ^*'"- for labor performed by any miner or other person, upon or in any mine or coal bank specified in this chapter, shall be due and unpaid for ten days, it shall be com- petent for the person or persons to whom such sum of money shall be due, to file a notice in the office of the county clerk in the county where such mine is situated, at any time within six months after the last day upon which work was done by him; which said notice shall in substance set forth the fact that the party performed labor (naming the kind), for a party or company (naming the party or company), that such labor was performed under a contract (stating the substance) ; also, the time wheii the party commenced and when ceased to work, the amount still due and unpaid, together with a description of the mine or coal bank upon which such work was performed, which statement shall be verified by the affidavit of the party 78 LABOR LAWS OF THE STATE OF WYOMING Application of Last Section. Against Whom Iiien Holds. Time of Bring- ing Action. Iiien On Oil Lands. Claim of Sub- contractor or Laborer. SO filing it, and when filed, the county clerk shall record the same in a "lien book," the same as required in the case of "mechanics' notices of lien." Sec. 3782. The provisions of the last preceding sec- tion shall apply to persons who shall furnish materials or work upon any shaft, whim, or other hoisting works, who, by complying with the general provisions of such section, shall have a like lien. Sec. 3783. When notices, as provided in the last two preceding sections, shall be filed, the lien shall hold, not only against the owner of the mine or bank from the time when the miner or other person began work, but against all persons or company who shall have purchased such mine or coal bank while such miner or other person was employed therein, or fur- nished materials used therein or thereon. Sec. 3784. Suit to enforce such lien may be com- menced at any time within one year after filing such notice. Sec. 3785. Any owner of any oil well or spring, who shall employ any person to perform any work of any kind around, or about, any oil well or spring, either in building derricks, buildings, or any kind of machinery, or in boring or drilling, shall be deemed within the provisions of this chapter ; and all persons performing labor or furnishing materials, shall have like liens upon oil territory upon which they labored or for which they furnished materials or the improvements thereon, as miners or other laborers upon, or in, mines as provided in this chapter and shall proceed in the same manner to enforce a lien. " Sec. 3786. Every miner or other person doing or performing any work or furnishing any material, as specified in this chapter, under a contract or agreement, expressed or implied between the owner or owners thereof, or his or their agent, whether such work shall be performed or material furnished as miner, laborer, sub-contractor or otherwise, whose demand for work so done or material so furnished has not been paid, may deliver to the owner or owners of such mine or his or their agent an attested account of the amount and value of the work and labor thus performed or the material thus furnished and remaining unpaid, and LABOR LAWS OF THE STATE OF WYOMING 79 thereupon such owner or owners, or his or their agent, shall retain out of his subsequent payments to the con- tractors the amount of such work and labor or material furnished for the benefit of the person so performing or furnishing the same. Sec. 3787. Whenever any account of labor per- Liatmty of own- formed or material furnished, as referred to in the preceding section, shall be placed in the hands of the owner or owners of any mine or his or their agent, as above stated, it shall be the duty of such owner or owners or his or their agent to furnish his or their contractor with a copy of such papers, so that if there be any disagreement between such contractor and his creditor they may by amicable adjustment "or by arbi- tration ascertain the true sum due, and if the con- tractor shall not, within ten days after the receipt of such papers, give the owner or owners or his or their agent written notice that he intends to dispute the claim, or if for ten days after giving notice he shall refuse or neglect to have the matter adjusted as afore- said, he shall be considered as assenting to the demand, and the owner or owners or his or their agent shall be justified in paying the same when it becomes due. Sec. 3788. The amount which may be due from any fj^^m^b^^ Actfon. contractor to his creditor may be recovered from said owner or owners or his or their agent by the creditor of said contractor, in an action at law to the extent in value of any balance due by the owner or owners or his or their agent, to his or their contractor, under the contract with him at the time of the notice first given as aforesaid, or subsequently, according to such con- tract or under the same. Sec. 3789. Any person entitled to a lien under this fataing"Lieli° °^' chapter shall make an account in writing of the items of labor, skill, machinery and material furnished, or either of them, as the case may be ; and after making oath thereto, shall, within sixty days from the time of completing such labor and skill, or furnishing the last item of such machinery or material, file the same in the ofiice of the register, of deeds of the county in which the ledge, lead or lode, or bank may be situated, for which such labor, skill, machinery or material shall have been furnished, and shall also file at the same time a correct description of the property to be charged 80 LABOR LAWS OF THE STATE OF WYOMING with said lien, which account and description of said property so made and filed, shall be recorded in a sep- arate book to be provided for that purpose, and shall, for the time of the completion of the work, or furnish- ing material, and for one year thereafter, operate as a lien on the several descriptions of ledges, leads, lodes, mines or banks named in Section 3778, when any labor has been done or material furnished, on a written con- tract, the same, or a copy thereof, shall be filed with the account herein required to be filed ; Provided, That all lien claims for labor performed, or material fur- nished shall be concurrent liens upon the same, and shall be paid pro rata out of the proceeds arising from the sale thereof, if the same shall be sold. Action to Enforce gcc. 3790. Every person holding such lien may pro- ceed to obtain a judgment for the amount of his ac- count thereon, by civil action, and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied, and in all actions instituted under this chapter, all persons, claiming liens upon the property sought to be affected, shall be made parties to such action or proceeding; and the rights of all parties to such action shall be de- termined by the court and such order made therein as shall preserve and protect the rights of all such parties under the provisions of this chapter. Fees for Kecord- Sec. 3791. The county register of deeds, for filing '"^' and recording all papers under this chapter shall be paid the same fees as are, or hereafter may be allowed by law for filing and recording deeds. Sec. 3792. When any person who shall have filed his account and perfected his lien, pursuant to the pro- visions of this chapter, shall have received satisfac- tion for his claim and the legal costs of his proceed- ings therein, he shall, upon the request of any person interested, and within six days, enter satisfaction of his lien in the office where such account and lien is of record, which shall forever thereafter discharge, defeat and release the same. fng"to%aHJfy^*"" ^^^- ^793. If any person, having received satisfac- tion as specified in the preceding section, or having been tendered the amount due on his claim with legal Entry of Satis- faction. LABOR LAWS OF THE STATE OF WYOMING 81 costs, shall not, within six days after request, enter satisfaction as aforesaid, he shall forfeit and pay to the person aggrieved, double the amount of damages which may have been sustained in consequence of such refusal or neglect. Sec. 3794. The provisions of this chapter shall ap- iron Mines, ply to iron mines, so far as the same may be applicable, and to all mines not herein specified, within this State. Sec. 3795. The suits or actions provided for by this where Actions chapter shall be brought in the county in which the ° ^ ^°^^ lien provided for by this chapter is filed or recorded. Sec. 3796. When the owner or owners of the mine JJ"*!"?* *" ^on- ,., ,. .^,,.. Residents Dy upon which the lien is filed, being a person or persons, Puwication. shall reside out of the state, or being a corporation shall have its place of business outside the state and it shall be impossible to make service of process within the state, service may be made by publication in the man- ner now provided by law. Sec. 3797. When the owner or owners of the mine service May Be upon which the lien is filed, shall reside in the State co^unty! "'^ but in a county other than that in which the suit or action is brought, or being a corporation, shall have its place of business in the State but in a county other than that in" which the suit or action is brought, and it shall be impossible to make service of process within the county in which the suit or action is brought, it shall be the duty of the clerk of the court in which the suit or action is brought, upon an affidavit being filed in his office showing such facts, to transmit the summons or other process to the sheriff of the county in which the defendant resides or has its place of busi- ness, and the summons or other process shall be served by such sheriff and returned as in other cases, except that the time for making such service and return and the time of answering in such action may be extended one week. Sec. 3798. The provisions of this chapter shall ap- Application ^ot ply to all persons who shall do any work in and about we^us.*"^ the mines or oil wells mentioned in this chapter, or in hauling and transporting the products of such mines or oil wells at the request of the owner or owners there- of, or of his or their agent. 82 LABOR LAWS OF THE STATE OF WYOMING Who Entitled to, and Extent of Lien. Extent of Lien. Priority of Lien. Mechanics' and Builders' Liens. Sec. 3799. Every mechanic or other person, who shall do or perform any work or labor upon, or fur- nish any material, fixtures, engines, boilers or ma- chinery for any biailding, erection or improvement upon land, or for repairing the same, under or by vir- tue of any contract with the owner or proprietor there- of, or his 9r her agent, trustee, contractor, or sub-eon- tractor, upon complying with the provisions of this chapter, shall have for his work, or labor done, or materials, fixtures, boiler or machinery furnished, a lien upon such building, erection or improvements, and upon the land belonging to such owner or proprietor on which the same are situated, to the extent of one acre, or if such building, erection or improvements be upon any lot of land in any town, city, or village, then such lien shall be upon such building, erection or im- provement and the lot or land upon which the same are situated, to secure the payment for such work or labor -done, or materials, fixtures, engine, boiler or ma- chinery furnished. Sec. 3800. The entire land, to the extent aforesaid, upon which any such building, erection or other im- provement is situated, including as well that part of the said land which is not covered with such building, erection or other improvement, as that part thereof which is covered with the same, shall be subject to all liens created by this chapter, to the extent of all the right, title and interest owned therein by the pro- prietor or owner of such building, erection or improve- ment for whose immediate use and benefit the labor was done, or things or material fuimished. Sec. 3801. The lien for the things or materials fur- nished or work and labor performed shall attach to the building, erection or improvements for Avhich they were furnished, or the work and labor was done, in preference to anj^ prior lien or incumbrance or mort- gage upon the land upon which said buildings, or erec- tion, improvements or machinery have been erected or put, and any person enforcing such lien may have such building, erection or improvements sold under execu- tion, and the purchaser thereof may remove the same within a reasonable time thereafter; and such lien shall be preferred to all other incumbrances which may he LABOR LAWS OF THE STATE OF WYOMING 83 attached to or upon such building or other improve- ments or the ground, lot or land upon which they are situated or located, or either of them, subsequent to the commencement of such buildings or improvements. [Sec. 3802. Liens attach to buildings and other im- provements on leased lands, and also to the leasehold term of such lands.] Sec. 3803. It shall be the duty of every original l^'^^fgi^ef of contractor, within four months, and every sub-eon- Lien, tractor, and every journeyman and day laborer, and every other person seeking to obtain the benefits of the provisions of this chapter, within ninety days after the indebtedness shall have accrued, to file in the office of the register of deeds of the proper county, a just and true account of the demand due him, her, or them, after all just credits shall have been given, which is to be a lien upon such building or improvements, and a true description of all the property, or so near as to identify the same, upon which said lien is intended to apply with the name of the owner or owners, con- tractor or contractors, or both, if known to the person filing the lien, which in all cases shall be verified by the oath of the person filing the lien, or by some re- liable person for him ; Provided, That the original con- tractor shall not file a lien prior to the expiration of sixty days after the completion of his contract, and no provision contained in any contract made between the owner and the original contractor shall be con- strued to in any way affect or restrict the right of any sub-contractor, journeyman or day laborer, to file his lien in the manner provided by this section. [Sec. 3804. The register of deeds is required to make an abstract of all liens filed; the fees for filing and abstracting are the same as for deeds.] Sec. 3805. (Sec. 1, Chapter 68, Session Laws, 1911.) ^i^a^ings and The pleadings, practice, process and other proceedings in cases arising under this chapter shall be the same as in ordinary civil actions and civil proceedings in the courts of this State, except as herein otherwise pro- vided. The petition among other things shall allege the facts necessary for securing a lien under this chap- ter and a description of the property to be charged therewith. Provided, however, that in any action be- 84 LABOR LAWS OF THE STATE OF WYOMING Lien Account as Evidence. Improper Charges Shall Not Invali- date. gun by any laborer, material man, sub-contractor or other person, to enforce a lien under the provisions of this chapter, if the petition shall state and the evidence shall show that the work and labor was done and the materials furnished for the use and benefit of the party or parties designated in the petition, and for use in, upon or about the property therein described and against which the lien is sought to be enforced, and shall also state and show that the owner or proprietor of said property or his agent, had knowledge of the fact that said work and labor was being done and said materials were being furnished for use, in, upon and about said property, then and in that case any and all defects in the statement of said lien account as filed or notice given as provided in this chapter shall be disregarded; provided, that said lien account as filed shall state the amount for which, the property against which, and the labor or materals for which, a lien is claimed, so as to enable the owner or his agent to identify the same; provided, further, that said notice shall be given and said lien account filed within the time limited by statute for so doing. Sec. 2. In all cases arising under the provisions of this chapter, the lien account as filed shall be admitted in evidence and it shall be a question of fact for the jury, or for the court sitting as a jury, whether the said lien account as filed is sufficient to charge the owner of the property or his agent with knowledge of the amount for which, the property against which, and the work and labor done or materials furnished for which a lien is claimed. If the jury, or court sit- ting as a jury, shall find that said account as filed is sufficient so as to charge the owner or his agent with such knowledge, then said lien account shall be held in all respects sufficient and valid and enforceable. Sec. 3. If any sub-contractor, material man, laborer or other person entitled to a lien under the provisions of this chapter, shall include in his lien account as filed, charges not properly belonging therein, or charges for which the law gives no lien, or charges en- tered therein by mistake, or charges arising under two separate contracts, such charges shall not invalidate the lien, but in his petition to enforce said lien, he may omit any or all such charges incorrectly entered or LABOR LAWS OF THE STATE OF WYOMING 85 entered by mistake, and may proceed to enforce a lien for tlie balance. Sec. 3806. In all suits under this chapter the parties ^constnicttve*"" to the controversy shall, and all other persons inter- senrice. ested in the matter in controversy, and in the property charged in the lien, may be made parties, but such as are not made parties shall not be bound by any such proceeding, and constructive service may be had upon any defendant in suits brought under this chapter who may be non-residents of the State and cannot be per- sonally served with the summons within the State in the same manner as constructive service is had in other cases at law. [Sec. 3807. The amount of indebtedness is ascer- tained by trial in the usual way. Twenty-five dollars for attorney's fees is taxed as costs.] Sec. 3808. Judgment by default shall be rendered Judgment by De- against every defendant who, after being duly sum- moned or notified, according to law, shall not appear and plead or answer within the time allowed by law in . ordinary civil actions. Sec. 3809. When the debtor has not been person- judgment on ally served with process according to law, but has been fe^*^™""''* lawfully notified by publication, the judgment, if for the plaintiff, shall be that he recover the amount of the indebtedness found to be due and the cost of suit, to be levied out of the property charged with the lien therefor, which said property shall be correctly de- scribed in said judgment. Sec. 3810. When the debtor has been served with ^o"*^|^i^°e.^"' summons, or appears at the action without service of summons, the judgment, if for the plaintiff, shall be against such debtor, as in ordinary cases, with the addition that if no sufficient property of the debtor can be found to satisfy said judgment and costs of suit, then the residue thereof to be levied as provided in the next preceding section. Sec. 3811. The execution to be issued shall be a |f„"e"*i°rrNot special fieri facias and shall be in conformity with the Exempt, judgment, and such writ shall be returnable as in ordi- nary executions, and the advertisement, sale and con- veyance of real and personal estate, under the same. 86 LABOR LAWS OF THE STATE OF WYOMING Duration of Lien. Entry of Satis- faction. Failure to Sat- isfy — Penalty. Notice of Intend- ed Filing of Lien. Contractor to De- fend — Lia bility to Owners shall be made as in ordinary executions; and in no case shall a homestead or building thereon be exempt as against any lien which may be taken under the pro- visions of this chapter. Note. — For homestead exemption, see Chapter 104, Session Laws, 1915. Sec. 3812. All actions under this chapter shall be commenced within six months after the filing of the lien, and prosecuted without delay to final judgment, and no lien shall continue to exist by virtue of the pro- visions of this chapter for more than six months after the lien shall be filed, unless within that time an action shall be instituted thereon, as hereinbefore described. Sec. 3813. Whenever any debt, which is a lien on any building or other improvement, shall be paid and satisfied, the lien creditor, if required, shall acknowl- edge such satisfaction upon the record or on the mar- gin thereof, in the ofiice of the register of deeds of the proper county, for which said acknowledgment he shall be allowed the sum of fifty cents. Sec. 3814. If any creditor refuses or neglects to enter satisfaction within ten days after payment and' request as aforesaid, he shall be liable to any person injured to the amount of such injury and cost of suit. Sec. 3815. Every person, except the original eon- tractor, who may wish to avail himself of the benefits of the provisions of this chapter, shall give ten days' notice, in writing, before filing the lien, as herein re- (luired, to the owner, owners or agent, or either of them, that he or they hold a claim again such building or improvement, stating in said notice the amount of the same and from whom it is due. Sec. 3816. In cases where a lien shall be filed un- der the provisions of this chapter, by any person other than a contractor, it shall be the duty of the contractor to defend any action brought thereon at his own ex- pense, and during the pendency of such action the owner or agent may withhold from the contractor the amount of money for which said lien shall be filed, and in ease of judgment being rendered against the owner or his property upon the lien, he shall be entitled to deduct from any amount due by him to the contractor the amount of such judgment and costs, and if he shall LABOR LAWS OF THE STATE OF WYOMING have settled in full with the contractor he shall be en- titled to recover back from the contractor any amount so paid by the owner for which the contractor was originally liable. Sec. 3818. The liens for work and labor done or con"u«eirt.* material furnished, as specified in this chapter, shall be upon an equal footing, without reference to the dates of the filing of the account or lien, and in all cases where a sale shall be ordered and the moneys arising from such sale be not sufficient to discharge in full all of the liens against the same, without reference to the dates of filing, said accounts or liens shall have been filed and suit brought thereon, as provided in this chapter. Recovery for Labor and Supplies — Irrigation Works. Sec. 3823, Whenever any ditch or canal company, lond!*"*""' or other owner or owners, shall contract with any per- son, persons or corporations, for the construction of its, his or their ditch, canal or reservoir, or any part thereof, such company, owner or owners, shall take from the person, persons or corporation with whom such contract is made, a good and sufficient bond in some guarantee or surety company authorized to do business in this State, conditioned that such contractor or contractors shall pay or cause to be paid all labor- ers, mechanics, material men, ranchmen, farmers, mer- chants and other persons who supply such con- ■ tractor or contractors, or any of his or their sub-contractors with labor, work, mate- rial, ranch or farm products, provisions or goods of any kind, all just debts incurred therefor in carrying on such work, which bond shall be filed by such com- pany or other owner in the office of the county clerk and ex-officio register of deeds in the county where the principal work of such contractor shall be carried on; and if any such ditch or canal company, or other owner or owners, shall fail to take such bond, such ditch or canal company or other owner or owners shall be liable to the persons herein mentioned to the full ex- tent of all such debts so contracted by such contractor, or contractors, or any of his or their sub-contractors. Any such contractor or contractors may take a similar bond from each sub-contractor to secure the payment 88 LABOR LAWS OF THE STATE OF WYOMING of all debts of the kind above mentioned incurred by him, and file the same as above provided. All such persons mentioned in this section to whom any debt of the kind above mentioned shall be due from any contractor or sub-contractor shall severally have a right of action upon any such bond covering such debt taken as herein provided for the recovery of the full amount of such debt. Provided, hoAvever, That in order that the right of action upon such bonds may exist, such persons or parties herein granted such right shall comply with either of the following conditions, to-wit: First, an action in a court of competent juris- diction, in the county where such bond is filed, shall be commenced within ninety days after the last item of indebtedness shall have accrued; or, second, an itemized statement of the indebtedness duly verified, shall, within ninety days after the last item of such indebtedness shall have accrued, be filed in the office of the county clerk of the proper county ; and an action shall be brought in any court of competent jurisdic- tion of such county within three months after the filing of such statement. In case an action is commenced upon the bond of a contractor liable for the claim, and in such case the result of such action shall be binding upon the sub-contractor, and. his sureties, and in any ease when a contractor has paid a claim for which a sub-contractor is liable, such contractor shall bring action against the sub-contractor and his sureties with- in sixty days after the payment of such claim. lien statement. gee. 3824. Every laborer, mechanic, ranchman, farmer, merchant or other person performing any work or labor or furnishing any material, ranch or farm products, provisions, goods or supplies to any con- tractor or sub-contractor in the construction of any ditch, canal or reservoir, or any part thereof used by such contractor or sub-contractor in carrying on said^ work of construction, whose demand for work, labor, material, ranch or farm products, goods or supplies so furnished has not been paid, may deliver to the owner or owners of such ditch, canal or reservoir, or to its, his or their agent, a verified account of the amount and value of the work and labor so performed or the material, ranch or farm products, provisions, goods or supplies so furnished, and thereupon such owner or owners or its, his or their agent, shall retain LABOR LAWS OF THE STATE OF WYOMING 89 out of the subsequent payments to the contractor or contractors the amount of such unpaid account for the benefit of the person to whom the same is due. Sec. 3825. Whenever any verified account men- fe^duM."^""^"' tioned in the last preceding section shall be placed in the hands of any such owner or owners or its, his or their agent, as above stated, it shall be the duty of such owner or owners to furnish the contractor with a copy of such verified account, so that if there be any disagreement between the debtor and creditor as to the amount due the same may be amicably adjusted, and if the contractor, or sub-contractor if he be the debtor, shall not, within ten days after the receipt of such ac- count, give the said owner or owners or its, his or their agent, written notice that the claim is disputed, he shall be considered as assenting to its payment, and the owner or owners, or its, his or their agent, shall be justified in paying the same when due and charging the same to the contractor. The person or persons to whom any such debt is due and who shall deliver a verified account thereof as above provided, may re- cover the amount thereof in an action at law, to the extent of any balance due by such owner or owners to the contractor at or after the time of delivering the verified account. Provided, That nothing contained in this section or in Section 3824 shall interfere with the right of action upon the bond or bonds provided for in Section 3823, or against the company or other owner, for the full amount of any such debt in case of a failure to take a bond. Note. — Practically identical provisions for recovery for labor and supplies used in railroad construction are given in Sections 3826-3828. For lien for labor on partnership irrigation ditches, see Section 823, Compiled Statutes. LABOR ORGANIZATIONS. Incorporated. Sec. 4186. Any number of persons, not less than what societies seven, may voluntarily associate themselves together ^^^ incorporate, for either of the following purposes: * * * lodges or assemblies of the Knights of Labor, * * * or any other secret or benevolent society, subject to the regu- 90 LABOR LAWS OF THE STATE OF WYOMING Certificate of IncoTporation. lations of their respective grand bodies, according to the constitutions and usages of such * * * knights of labor or other fraternity or society, as the case may "Up # # # Sec. 4187. Any such society that may wish to be- come incorporated under and by virtue of this chap- ter, shall file in the office of the secretary of state and the office of the register of deeds of the county in which such society shall be located, a certificate in writ- ing, setting forth the name of such society, together with its number (according to usage) and the place where, the same shall be held, which certificate shall be signed by the presiding officer and secretary, and attested by the seal of such society, and such society or association having filed the certificate required by this chapter, shall be deemed and held a body corporate and politic, under the name and style stated in such certificate, and may sue and be sued in all courts of record in this State, and shall have power to contract and be contracted with, and use a common seal. Sec. 4188. Any society incorporated under this chapter, may take, by purchase, grant, devise, gift or otherwise, any town lot or tract of land, may sell and dispose of the same, and execute deeds of conveyance, signed by the presiding officer, secretary and treasurer, or by such officers or persons as may be prescribed by the by-laws or rules and regulations of such body, whenever authorized by such society, and all such deeds of conveyance shall have attached thereto the seal of such body. Sec. 4189. Any such society organized under the provisions of this chapter may make all needful by- laws and regulations necessary to carry out the pro- visions of this chapter, and not inconsistent with the laws and regulations of such bodies, or their respective grand bodies under which the same may be holden, and not inconsistent with the constitution of the United States and the constitution and laws of this State. pe«o"arpro°p- Sec. 4190. Any such society may hold and possess ^'^^- persona] property, and sell and dispose of the same. Powers as to Real Property. By-Iiaws. LABOR LAWS OF THE STATE OF WYOMING 9t LABOR ORGANIZATIONS. certain Unincor- TT • ^ , porated Bodies Unincorporated. May Hold and Convey Bealty. Sec. 4192 (as amended by Chapter 37, Session Laws, 1913). Any unincorporated body, society, association or organization within the State, not being seditious, political, or revolutionary in character, and not or- ganized for the purpose of carrying on, conducting or operating any business or branch of business in this State or elsewhere, or for the purpose of evading any laws of this State now or hereafter in force, providing for the formation, organization, control or regulation of corporations, and not desiring to become a corpo- rate body under the provisions of this chapter, may acquire, take, hold, lease and convey, real, personal and mixed property, not exceeding in value the sum of twenty-five thousand dollars, for their use and bene- fit, by purchase, grant, donation, gift, devise or other- wise, in the name and by the number of said body, so- ciety, association or organization, according to the re- spective registers of the grand body, department or jurisdiction under which the same be holden, if there be any, or if there be no such grand body, department or jurisdiction, then by and in' the name by which such body, society, organization or association may be known and designated ; and the presiding officer of the same, together with the clerk thereof, may make leases or conveyances of real, personal or mixed property thereto belonging, when so authorized to do by a ma- jority of the members present, and constituting a quo- rum of the said body, society, association or organiza- tion, at any regular meeting thereof, under such rules and regulations as such body, society, association or organization, or its grand body, department or juris- diction, if there be any, may make or ordain, and all such leases and conveyances shall state that such body, society, association or organization is of the kind and character permitted to acquire, take, hold, lease and convey property under the provisions of this section, and shall be attested by the seal thereof, if it have a seal. Sec. 4193. If it shall become necessary at any time g°^g|f*|„4 ^e- to protect the rights of any body, society, association fended ty snch or organization, as defined in the last preceding sec- tion, of, in or to any of the real, personal and mixed 92 LABOR LAWS OF THE STATE OF WYOMING estate and property thereof, the presiding officer there- of may bring suit in his own name for the benefit of the body, society, association or organization, over which he presides, in any court of competent jurisdic- tion in this State, and he may appear and prosecute the same in any court of original and appellate juris- diction in this State. Any such body, society, associa- tion or organization, as defined in the last preceding section and in this section, may sue and be sued in the name by which it is generally known and designated, and by its name and number, if it have any, in any court of competent jurisdiction in this State. For the provisions in regard to Trade Marks, in accordance with which union labels may be registered, see Sections 3439-3445, Compiled Statutes. Contiacts for La- bor — Terms Lim- ited. Eecovery by Alien. ALIENS. Sec. 3428. No contract made for labor or services with any alien or foreigner previous to the time that such alien or foreigner may come into the State shall be enforced within this State for any period after six months from the date of such contract. Sec. 3429. Any alien or foreigner who shall here- after perform labor or services for any person or per- sons, company or corporation within this State, shall be entitled to recover from such person or persons, company or corporation, a reasonable compensation for such labor or services, notwithstanding such person or persons, company or corporation may have paid any other party or parties for the same ; and in actions for the price of such labor or services, no defense shall be admitted to the effect that the defendant or defendants had contracted with other parties who had, or pre- tended to have, power or authority to hire out the labor or services of such party or parties, or to receive the pay or price for such labor or services. Eeceiving Money ggg, 4976. Any person, whether he or she acts for for Labor of Allen ,.,«,,« , trnder Contract, himselt or herselt, or as agent, attorney or employee for another or others, who shall, in pursuance of, or by virtue of, any contract made with any alien or for- LABOR LAWS OF THE STATE OF WYOMING 93 eigner, made before such alien or foreigner came into this State, receive or offer to receive any money, pay or remuneration for the labor or services of any alien or foreigner, excepting the person so performing such labor or services, shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall be fined in a sum not less than five hundred dollars, and not more than five thousand dollars, and imprisoned in the coun- ty jail for not less than three nor more than twelve months, for each and every offense. For constitutional provisions in regard to aliens, see Article I, Section 29, page 5, and Article XIX, Section 1 (Labor on Public Works), page 6 of this pamphlet. Sec. 2214. 8. No person shall attempt to influence the vote of any elector by means of * * * threats of * * * discharging from employment, * * * influence" ¥©"6. [22. Penalty. Pine or imprisonment, or both.] Sec. 3431. Any company, corporation or individual, pio^y^e^^M^CMidi- who shall discharge or cause to leave his or her or their dacy. employ, temporarily or permanently, any person or persons because they have been nominated as a candi- date for any position of honor, trust or emolument, to be voted for at any election held in pursuance of the laws of this State ; or any person, agent or officer of any company or corporation who shall cause or attempt to cause any person or persons nominated as candidates at any election, to withdraw or refrain from accepting such nomination by threatening loss of employment, business or patronage, if they accept such candidacy, or shall make it a condition of employment, business or patronage, that such candidacy shall not be accepted, shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars nor more than five hun- dred dollars. Sec. 21 (Chapter 23, S. L., 1911). Any person en- ^Xng''"'"'"' """ titled to vote at such 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 one hour, other than meal hours, between the time of opening and closing the 94 LABOR LAWS OF THE STATE OF WYOMING polls; and such primary elector 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. POLL TAXES. School. Employers ' gec. 5 (Chapter 33, Session Laws, 1915). Every person, corporation or association employing one or more persons subject to poll taxes are liable for any and all poll taxes that may be due from such em- ployees, and may deduct the amounts paid out for such poll taxes from any sum due to the extent of any moneys due to such employees at the time when served with notice by the assessor, as provided in Section 4 of this act, or that may afterwards become due, for such employees, whether the wages are payable directly to the employees or other persons who furnish such employees under contract. The assessor may require the person or his agent or any officer or agent or man- ager of any association to make a verified statement showing the number and giving the names of the em- ployees of such person, association or corporation. The person, association or corporation refusing to make such verified statement shall forfeit the sum of one hundred dollars which may be recovered in an action brought in the name of the county. Road. S™h' Us" of "ehi- Sec. 2558. Any person having in his employment pioyees— Penalty, any other person liable for the special road tax of two dollars mentioned in this chapter, must, at the request of the road supervisor, give to him a complete list of all persons so employed; and if any person neglects, or refuses to furnish said list for thirty days after de- mand, made as above provided, shall forfeit to the county the sum of fifty dollars, to be recovered by an action brought in the name of the road supervisor in any justice court having jurisdiction thereof, and the further sum of fifty dollars for each refusal or neglect to furnish said list as aforesaid, to be collected as in this chapter provided, said forfeitures to go to the road fund of the county, and if any person required to pay the special road tax mentioned in this chapter does not pay the same, and has no property subject to taxation, LABOR LAWS OF THE STATE OF WYOMING and the person owning the same is in the employment of any other person, the road supervisor must deliver to the employer a written notice, stating the amount of tax owing by such employee, and from the time of receiving said notice, the employer is liable to pay said tax, and the tax so paid. may be deducted by such em- ployer from the amount then due or to become due to such employee. LICENSES. Sec. 1681. They (i. e., cities of the first class) shall Licenses, have power * * * to regulate, license and tax ped- dlers, plumbers, bill-posters, itinerant doctors, itinerant physicians and surgeons, junk and second-hand dealers, scavengers, pawnbrokers and' persons receiving actual possession of personal property as security for loans ; to prohibit pawnbrokers and junk or second-hand deal- ers purchasing or receiving from minors any property, and provide for the examination of premises of such persons for the purpose of discovering stolen property ; to license and regulate employment offices and intelli- gence offices ; to raise revenue by levying and collect- ing a license tax on any business, or calling, or any corporation, and regulate the same by ordinance ; * * * Sec; 1796. For the purpose of raising revenue, any oocipat'o" t»^' city or town incorporated under special or general laws of the State of Wyoming, is hereby authorized to levy and collect a license tax on any business whatsoever conducted, carried on, or trafficked in within the limits of such city or town and the city or town council is hereby authorized to enact an ordinance carrying into effect the provisions of this section. All such license tax shall be uniform in respect to the class of business upon which imposed ; Provided, That all scientific and literary lectures and entertainments shall be exempt from such license tax, as well as concerts and musical entertainment given exclusively by the citizens of such municipality. For miscellaneous county licenses, see Chapter 187, Wyoming Compiled Statutes, 1910, and Chapter 21, Session Laws, 1911.. 96 LABOR LAWS OF THE STATE OF WYOMING For transient merchant's license, see Chapter 68, Session Laws, 1915, and Section 1617, Compiled Stat- utes. For beef peddler 's license, see Chapter 103, Session Laws, 1915. Sanitary Condi- tion of Buildings Toilet Booms. INSPECTION AND REGULATION OF FACTORIES, ETC., WHERE FOOD PRODUCTS ARE MADE, SOLD, OR STORED. (Chapter 108, Session Laws, 1913.) Section 1. Every building, room, basement, cellar, occupied or used as a bakery, cannery, confectionery, creamery, cheese factory, packing house, slaughter house, restaurant, hotel, grocery, meat market or other place or apartment used for the preparation for sale, manufacture, packing, storage, sale or distribution of any food shall be properly lighted, plumbed and ven- tilated, and conducted with strict regard to the influ- ence of such condition upon the health of the opera- tives, employees, clerks or other persons therein em- ployed, and the purity and wholesomeness of the food therein produced; and for the purpose -of this act the term "Food" as used herein shall include all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof. Sec. 5. Every building, room, basement or cellar occupied or used for the preparation, manufacture, packing, canning, sale or distribution of food, shall have convenient toilet or toilet rooms, separate and apart from the room or rooms where the process of production, manufacture, packing, canning, selling or distributing is conducted. The floors of such toilet rooms shall be of cement, tile, wood, brick or other non- absorbent material and shall be furnished with sepa- rate ventilating flues or pipes, discharging into soil pipes, or on outside of the building in which they are situated. Lavatories and wash-rooms shall be adjacent to toilet rooms, and shall lie supplied with soap, run- ning water and towels, and shall lie maintained in a sanitary condition. Operatives, employees, clerks and all other persons who handle material from which food is prepared, or the finished product, before beginning LABOR LAWS OF THE STATE OF WYOMING 97 work or after visiting toilet or toilets shall wash their hands and arms thoroughly with soap and clean water. Sec. 7. The aprons, smocks, or other outer cloth- ciotwng. ing worn by employees who handle meat or meat food products shall he of a material that is readily cleansed and made sanitary, and only clean garments shall .be worn. Persons who handle meat or meat products shall have to keep their hands clean, and that they shall be required also to pay particular attention to the cleanli- ness of their boots and shoes. Sec. 8. Cuspidors for the use of operatives, em- cuspidors, ployees, clerks or other persons, shall be provided whenever necessary and each cuspidor shall be thor- oughly emptied and washed out daily with disinfectant solution and five ounces of such solution shall be left in each cuspidor while it is in use. No operatives, em- ployee, or other person shall expectorate on the floor or side 'w^alls of any building, room, basement or cellar where the production, manufacture, packing or stor- ing, preparation or sale of any food is conducted. Sec. 9. No person or persons shall be allowed to |oo^^s"|rlMM"(L live or sleep in any room of a bakeshop, kitchen, and meat market, dining room, confectionery or place where food is prepared, served or sold. Sec. 10. No employer shall require, permit or suf- D'^^a^^i ^^^^°^^- fer any person to work, nor shall any person work, in a building, room, basement, cellar or vehicle occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution and transportation of food who is affected . with any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuber- culosis, or consumption, bubonic plague, Asiatic chol- era, leprosy, trachoma, typhoid fever (epidemic), epi- demic dysentery, measles, mumps, German measles (Rothein), whooping cough, chicken pox or any other infectious or contagious disease. Any person convicted of the violation of the provisions of this section shall be deemed guilty of a misdemeanor, and shall be pun- ished by a fine of not less than fifty dollars, nor more than five hundred dollars, or by imprisonment in coun- ty jail of not less than ninety days nor more than one year or both. 98 LABOR LAWS OF THE STATE OF WYOMING Inspection — Prosecution. Violations Sec. 22. The State Dairy, Pood and Oil Commis- sioner and his assistants or agents by him appointed, shall have full power at all reasonable times to enter and inspect every building, room, basement or cellar occupied or used for the production for sale, manufac- ture for sale, storage, sale, distribution or transporta- tion of food and all utensils, fixtures, furniture and machinery used as aforesaid, and if upon inspection any food producing or distributing establishment, con- veyance, employer, operative, employee, clerk, driver, or other person is found to be violating any of the pro- visions of this act, or if the production, preparation, manufacture, packing, storing, sale, distribution or transportation of food is being conducted in a manner detrimental to the health of the employees and opera- tives and the character or quality of the food therein being j^roduced, manufactured, packed, stored, sold, distributed or conveyed, the officer or inspector making the examination or inspection shall furnish evidence of said violation to the county attorney of the county in which the violation occurs, and it shall be the duty of all prosecuting attornej's to represent and prosecute in behalf of the people, when called upon by the Dairy, Food and Oil Commissioner to do so, all such cases of "ffpnse arising under the provisions of this act. Sec. 23. Any person who violates any of the pro- visions of this act shall be guilty of a misdemeanor, and on conviction shall be punished for the first offense ))y a fine of not less than ten ($10) dollars, nor more than fifty ($50) dollars; and upon conviction for each subsequent offense by a fine of not less than fifty dol- lars ($50) nor more than one hundred dollars ($100), or be imprisoned in the county jail not exceeding thirty (30) days, or both, in the discretion of the court. ARBITRATION. Provisions for submitting to arbitration any con- troversy, except in regard to the possession or title of real estate, are contained in Sections 4928-4940, appli- cable to matters in courts of record, and in Sections 5:373-5376, Compiled Statutes, applicable to civil eases pending before a justice of the peace. LABOR LAWS OF THE STATE OF WYOMING 99 PUBLIC PRINTING. Provisions recjuiring certain public printing to be done within the State are found in Section 55, as amended by Chapter 97, Session Laws, 1911, relating to legislative printing, and in Section 902, relating to the reports of the Supreme Court. CONVICT LABOR. The reformatory and penal institutions established and supported by the State are under the general su- pervision and control of the State Board of Charities and Reform, consisting of the governor, the secretary of state, the state treasurer, the state auditor, and the state superintendent of public instruction. (Sections 436 and 437.) Sec. 441. It shall be the duty of the board, either by Duties as to care direct expenditure or contract, to provide for the care, " """^ ^' maintenance and employment of all inmates confined, or thatmay hereafter be confinedin the penitentiary, reform school, or any penal or reformatory institution in this State, or without this State, used for such purposes, but the board may, by direct expenditure, provide for the care and maintenance of all inmates confined in the insane asylum, deaf, dumb and blind institute, poor farm or charitable institute of this state; Provided, That no convict shall be used or contracted to be used in any coal mine, or occupation, when the products of his labor may be in competition with that of any citi- zen of the State; Provided, however, that when the cost of maintaining said convicts can be reduced to the State by their employment in some occupation, not unreasonably laborious or unhealthy, or when said con- victs can be employed to complete or repair the place or surroundings of the place in which they are con- fined, they shall be so employed. Sec. 6398. Any person confined in any county jail ^^^"^^ pSt "to*^ in this State may be compelled to work in any way work, that the county commissioners may direct, for the benefit of the county. Sec. 6399. It shall be the duty of the sheriff of each sv^p^rfntendence and every county, under the direction of the chairman whUe at work, of the board of county commissioners, and he may do 100 LABOR LAWS OF THE STATE OF WYOMING SO of his own will when he deems it necessary, hy him- self or deputy, to employ each and every, prisoner un- der his charge and under sentence, who is able to work, to do such work as the chairman of the board shall direct, and to keep such prisoner at such work during the working hours of every week day, unless said sher- iff and his deputy shall be necessarily engaged in other employment in the service of the county, in which case, if there are more than three prisoners to be employed, it shall be lawful for such chairman to employ a com- petent guard to superintend and watch such prisoners, at a charge not exceeding two dollars per day, to be paid out of the county treasury upon a warrant duly drawn by order of the board of county commissioners. But nothing in this and the last preceding section con- tained shall be construed as allowing any extra com- pensation, fee or reward to such sheriff or his deputy for such services as are required of him by said section. Hiring of Convict ggc. 6400. The person or persons in charge of any Labor Projubited. ^ .'^ . "^ penitentiary or reformatory, ]ail or other prison m the State of Wyoming, wherein state convicts are confined, shall not, nor shall any authority whatsoever, make any contract for the employment of any State convict in any of the prisons, penitentiaries or reformatories in this State, either by the letting of the labor of such convicts at a fixed price per diem, or by what is known as the "piece-price plan" or in any other manner, whereby the labor of such convicts is let to or eon- trolled by any outside person or persons; and such convicts shall not be employed by any authority what- ever upon any public work or contract outside of the prison, penitentiary or reformatory in which such con- victs may be confined. Note. — See Chapters 44 and 61, Session Laws, 1911, pages 101 and 106 of this pamphlet. Sec. 6401. No person or persons confined in any. county jail, or in any jail or prison in any city, town, village or municipality, charged with any offense and awaiting the action of the grand jury, or any person who is charged with any offense and is awaiting trial therefor, shall be employed or put to work upon any public work or improvement, or upon the highways, streets, alleys, parks or public places of any county, city, town or village or municipality; Provided, That Employment of Jail Prisoners — When Permitted, LABOR LAWS OF THE STATE OF WYOMING 101 all persons convicted by a court of competent jurisdic- tion, and sentenced to confinement at hard labor in any jail or prison of any county, city, town, village or municipality, may be employed or put to work upon any public work of improvement, or upon the high- ways, streets, alleys, parks or any public places of any such county, city, town, village or municipality, in the State. See also Section 1768, working prisoners, in cities of the first class ; Section 6036, working out fines. (Chapter 61, Session Laws, 1911.) Section 1. All prisoners sentenced to the state pen- state-use itentiary shall be employed for the State, or in any ^'"Pioy'"''"*- productive industry for the benefit of the State, or for the use of public institutions owned and controlled by the State, under the rules for the distribution and di- versification thereof, to be established by the commis- sion hereinafter designated to be provided for such purposes. Sec. 2. The State Board of Charities and Reform ?.'**^„''?S?'^- . sion on Fnson and the warden of the State Penitentiary of the State Labor, of Wyoming are hereby constituted a commission which shall be known as the State Commission on Prison La- bor, with full power and authority to carry into effect, to its fullest extent, the provisions of this act. The office of warden of the State Penitentiary is hereby created. Said office to be filled by appointment by the Board of Charities and Reform. The warden to be sub- _ . ject to removal by the board. The warden shall re- ceive a salary of two thousand dollars per annum, pay- able in equal monthly installments, upon vouchers ap- proved by the Board of Charities and Reform sub- mitted to the State auditor in the same manner as other accounts against the State are paid. Sec. 3. The said commission shall have the power Powers of com- , . • j_i mission. to make and adopt rules and regulations governing the employment, conduct and management of the prisoners in the State penitentiary when employed on the work provided for them by the said commission. It shall direct that each convict shall be employed at such work as shall make it possible for him to acquire trade knowledge and skill in the industry for which he is most adapted; and at which he can best earn a liveli- hood when paroled or discharged from the institution 102 LABOR LAWS OF THE STATE OF WY0MIN(3 Manufacture Ar- ticles for State Institutions. Officials Sball Heport. Commission Sball Fix Prices. SO far as such provision can be made practicable by said commission, using its best judgment therein. The su- pervision of all such vi'ork shall be under such persons as may be selected by said commission. Sec. 4. The said Commission on Prison Labor are herel)y airthorized and directed as far as possible to cause to be manufactured by the convicts in the State' penitentiary such articles, including wearing apparel, as are needed and used therein and also such articles as are required by the State, including materials to be used in the erection of buildings; all such articles man- ufactured in the State penitentiary and not required for use therein, may be fvmiished to the State, or for, or to any public institution owned or managed and controlled by the State, at and for such price as. shall he fixed and determined as herein provided upon requisition of the proper officials, trustees and man- agers thereof. No article so manufactured shall be purchased from any other source for the State or the public institutions of the State, unless said State Com- mission on Prison Labor shall certify that the same can not be furnished upon such requisition; provided, how- ever, that articles so manufactured and furnished ' for the erection or use of buildings and institutions can be laid down where needed at the same or less cost than said articles may be purchased elsewhere, and no claim therefor shall be audited or paid without suC'h certificate. Provided, however, that all such materials furnished for the erection of buildings shall hot be in competition with established local industries. Sec. 5. On or before October first in each year, the proper officials of the penal or charitable institutions of the State, shall report to the State Commission on Prison Labor estimates for the ensuing year of the amount of supplies of different kinds required to be purchased by them, that can be furnished by the labor of the convicts in the State penitentiary. The said commission is authorized to make regulations for said reports, to provide for the manner in which requisi- tions shall be made for supplies and to provide for the proper diversification of the industries in said peni- tentiary. Sec. 6. The said State Commission ou Prison La- bor shall fix and determine the price at which all labor LABOR LAWS OF THE STATE OF WYOMING 103 performed and all articles manufactured and furnished to the State or to the public institutions thereof, shall be furnished, which price shall be uniform to all. The price shall be as near the usual market price for such labor and supplies as is possible. The said commission shall devise and furnish to all institutions of the State, a proper form for such requisitions, and shall devise and furnish a proper system of accounts to be kept for &\\ such transactions. It shall also be the duty of said commission to classify the buildings, offices or institu- tions owned or managed or controlled by the State, and it shall fix and determine the styles, patterns, de- signs and qualities of the articles to be manufactured for such buildings, offices and public institutions, in- cluding articles and materials to be used in the erec- tion or repairing of the penal institutions in the State. So far as practicable, all supplies used in such build- ings, offices and public institutions shall be uniform for each class, and of the styles, patterns, designs and qualities that can be manufactured in said peniten- tiary. Sec. 7. Every prisoner confined in the State peni- Prisoners May tentiary, who shall be entitled to diminution of his penlatfon^"™" term of sentence by good conduct, may in the discre- tion of said commission, receive compensation from the earnings, under the provisions of this act, of the peni- tentiary -in which he is confined, such compensation to be graded by said commission for the prisoners therein, for the time such prisoners may work, but in no case shall the compensation allowed to such convicts or prisoners exceed in amount ten per centum of the earn- ings of the State penitentiary in which they are con- fined. The difference in the rate of compensation shall be based on the pecuniary value of the work per- fo;pmed, and also upon the willingness, industry and good conduct of such prisoner; provided, that when- ever any prisoner shall forfeit his good time for mis- conduct or violation of the rules and regulations of the penitentiary, he shall forfeit out of the compensation allowed by this section, not more than fifty cents for each day of such time so forfeited ; and, provided, that prisoners serving life sentence shall be entitled to the benefit of this section, when their conduct is such as would entitle other prisoners to a diminution of sen- 104 LABOR LAWS OF THE STATE OF WYOMING Fines Go to Dis- charged and Pa- roled Frisoneis, tence, subject to forfeiture of good time for misconduct as herein provided. The said commission may institute and maintain a uniform system of fines to be imposed at their discre- tion, in place of other penalties and punishments, to be deducted from such compensation standing to the credit of any prisoner for the misconduct of such prisoner. Sec. 8. All moneys received for fines under this act shall be credited to a general fund, to be disbursed by the direction of the commission, as a special aid to discharged and paroled prisoners, who are infirm or in any way incapable of earning a sufficient subsistence after their release. sul?iu"'°" °' Sec. 9. The amount of such surplus standing on the books of the penitentiary to the credit of any prisoner, may be drawn by the prisoner during his imprison- ment only upon the certified approval of said commis- sion, for the purpose of aiding dependent relations of such prisoner, or may, with the approval of said com- mission, be so disbursed without the consent of such prisoner, but no portion thereof shall be disbursed for any indulgences, for food, clothing or ornament beyond the common condition of others of his class in the penitetniary at the time ; and any balance to the credit of any prisoner at the time of his release as provided by law, shall be subject to the draft of the prisoner in such sums 'and at such times as the commission may approve; provided, how- ever, that upon the final discharge of such prisoner, the whole amount or credit balance to him, as afore- said, shall be subject to his draft at his pleasure ; and provided, further, in case any prisoner shall be condi- tionally released from said penitentiary, in any manner that .may be now or hereafter provided by law, shall violate the conditions of his release, when such vio- lation is formally declared by said commission, shall thereby forfeit any credit balance, and the amount thereof shall be transferred to the fund for the aid of discharged prisoners as hereinbefore provided for, for fines, excepting such portion thereof as may be ap- plied by said commission to pay the expenses of his re- capture. Provided, further, that each and every pris- oner upon his or her final departure from the peniten- tiary shall receive one suit of clothes and the sum of LABOR LAWS OF THE STATE OF WYOMING lOS thirty -five ($35.00) dollars in money; provided, how- ever, that said payment of thirty-five ($35.00) dollars shall not apply, to prisoners sentenced for a term not exceeding six months. Sec. 10. The warden of the State Penitentiary shall, Eep'ort°Monai on the first of each month, make a full detailed state- ment of all materials, machinery or other property procured, and the cost thereof, and of the expenditures made during the last preceding month for manufac- turing purposes, together with a statement of all ma- terials then on hand to be manufactured, or in the process of manufacturing, or manufactured, and all machinery, fixtures, or other appurtenances for the pur- pose of carrying on the labor of the prisoners, and of the kinds of work done and the total amount of moneys coming into his hands, as such warden, during such last preceding month, as the proceeds of the labor of the prisoners in the penitentiary, which statement shall be verified by the oath of such warden to be just and true, and shall file the same with said commission. He shall at said time pay into the State treasury all sums . of money so raised by him to be credited to the gen- eral fund. Sec. 11. The said warden of the State Penitentiary MoutMy Esti- shalLalso, on the first day of each month, make an esti- mate, in detailed statement, of materials, machinery, fixtures, tools, or other appurtenances, and the cost thereof, which will, in his judgment, be necessary for carrying on the labor of the prison for the next ensu- ing month, which estimate shall be forwarded to the said State Commission on Prison Labor, which com- mission may approve, alter, revise or reject the same. Sec. 12. The said commission is hereby authoi-ized, shaii Advertise within the appropriations which may be placed at its ^°^ supplies, disposal by the State, to procure, or cause to be pro- cured and maintained, all the necessary machinery, tools or appurtenances needful for the purpose of car- rying on and conducting the work, authorized by this act, of the prisoners in the penitentiary. All purchases and contracts for materials to be used in the manufacture of articles in said penitentiary, shall be made by advertising for sealed proposals, ex- cepting when, in the judgment of said commission, it 106 LABOR LAWS OF THE STATE OF WYOMING is for the best interest of the State to purchase the same in open market. Whenever proposals for furnish- ing materials shall be solicited, the parties responding to such solicitations shall be duly notified of the time and place of opening bids, and may be present, either in person or by an agent or agents, and a record of each bid shall then and there be made. The said commis- sion shall advertise for such proposals or bids daily for at least one week in some nevpspaper of general circula- tion published in the State of Wyoming, specifying the class and (|uality of material required, and shall furnish bidders, on demand, with printed schedules giving a full description of all materials required, with date and place of delivery and all other necessary in- formation. The person offering to furnish such mate- rials, upon the terms most advantageous to the State,, and who will give satisfactory security for the per- formance thereof (in case immediate delivery is not required), shall receive the contract to furnish the said materials, unless such commission shall deem it to the best interests of the State to decline all proposals and advertise anew. Work on Public Highways. Under Super- vision of state Commission. Convicts Em- ployed. Supervisors. (Chapter 44, Session Laws, 1911.) Sec. 2. The construction, repair and maintenance of said public highways shall be done under the au- thority and control of the said State Commission on Prison Labor, subject to the provision of Section 6 of this act, who are hereby authorized and required to construct said highways by the labor of the convicts in the State penitentiary, as well as also in like man- ner to construct such extensions of said highways and such other roads leading to said highways as may from time to time be provided by law. Sec. 3. The said commission is hereby authorized and required to use and employ all such convicts in the State penitentiary as it may deem practicable in the construction of said highways. Sec. 4. The supervision of all such work shall be under such competent persons as may be selected by the said commission; provided, that no supervisor LABOR LAWS OF THE STATE OF WYOMING 107 thereof shall cause or permit any prisoner under his direction or control to be employed for more than eight hours of any day. Sec. 5. The said commission shall have power and mission. "' *^°™' they are hereby authorized to adopt rules and regula- tions providing for the granting of privileges to pris- oners employed upon the highways above mentioned, which shall especially refer to the granting of an ad- ditional ' ' good time ' ' allowance in the case of prisoners serving short sentences, and better food for prisoners serving life sentences, such privileges to be conditioned upon the good behavior and eificient work of such prisoners upon said highways. Sec. 7. The Boards of County Commissioners of ^""^ses. the several counties of the State -of Wyoming, through which said public highways pass, are hereby author- ized and required to secure the right of way of such highway or highways, wherever necessary, and to con- struct the necessary bridges over any and all rivers over which said highway or highways pass in said county; provided, that all bridges over said rivers shall be made in accordance with the plans of said State en- gineer; and provided, further, that so far as practi- cable, bridges across small streams shall be constructed by said convict labor. Any material necessary to be purchased for said bridges shall be paid for by the re- spective counties in which the same are located. The Wyoming Industrial Institute. (Chapter 63, Session Laws, 1913.) Sec. 9. The discipline to be observed in said Insti- Employment, tute shall be reformatory, and the State Board of Char- ities and Reform shall have power to use such means of reformation consistent with the improvement of the inmates, as they may deem expedient. Crimmals in such Institute may be employed in agriculture, horti- culture, or mechanical labor, as a means of their sup- port and reformation, and the Board is hereby author- ized in its expenditures to provide and install such machinery and mechanical appliances as may be re- quired for these purposes. INDEX A Sections Page Accidents. (See also Workmen's Compensation Law) In mines ; 3487 12 3519 21 3544 30 Actions, — For death 4291, 4292 49 Aliens Compensation of non-resident 6(k) 56 Contracts for labor, limited 3428 92 On public work 1 6 Receiving money for 4976 92 Recovery for labor 3429 92 Rights of 29 5 Arbitration 1, 1 6, 7 Note 98 Assignments to evade exemptions 3424-3427 72, 73 Assignment of wages ._3432-3434 73 B Sections Page Bail, not excessive ^ 14 4 Board of Examiners for Mine Inspector 1—6 35, 36 c Sections Page Children Employment of 1-6 47, 48 In mines 3 5 3107 46 3 47 Nine-hour day 4 48 Pensions for 1-5 43, 44 Protection of* 3101-3107 45, 46 References 49 Coal Mines Accidents reported 3519 21 Appeals from inspector's decisions 3 520 22 Bore holes 3513 19 no LABOR LAWS OF THE STATE OF WYOMING Boss. See Mining boss, below Cable attaciied to cars 3531 26 Check numbers, changing 1, 2 37 Cross cuts, unused 3 530 26 Defective conditions 3518 20 Doors : 3513 19 Escape shafts 3506,3507 l5, 16 Examiners for inspector 1—6 35, 36 Examining board 3521,3523 23, 24 Fire damp 3508, 3510 16, 17 Guards for machinery , 3517 20 Hospital 504-508 37, 38 Injuries, action for 3526 25 Injuring apparatus 35l6 20 Inspectors. (See State Mine Inspectors.) Inspections, special 3 525 24 Loaders 1, 6 33, 35 Maps 3505 14 Mining boss 3511,3512 18 Mining boss, inspections 3514 19 Mining boss, examination for 3 522 24 Mining boss, certificate 3524 24 Owner's reports 3542 30 Payday, semi-monthly 3549 31 Rules 35l5 19 Safety lamps 35l3 19 Scales : 4 33 Small mines excepted 3529 26 Sprinklings 3534 27 Stretchers 3527 25 Supplies employers may furnish ■ 3 5 52 32 Telephones 1, 2 36 Ventilation 3S08 16 Wages, action, set-off 3550, 3551 32 Weighing, fraudulent 5 35 Weighing, total output 1 32 Weighman' and check-weighman 2, 3 33 Compensation. See Workmen's Compensation Law. Constitutional provisions 1-7 Contracts, releasing from liability, void 1 7 , 3430 49 4 51 Convict labor 99-107 LABOR LAWS OF THE STATE OF WYOMING 111 D Sections Page Damages 4 5 3526 25 Contracts releasing, void 3430 49 For sale of intoxicants 283 7 41 (See also Worlcmen's Compensation Law.) Day. Eight hour 1 6 3499-3504 7, 8 Defined 3502 8 Convicts on highways 4 io7 E Sections Page Employer's liability. See Workmen's Compensation Law. Explosives. Storage of 2964-2972 8-10 Date of manufacture 2967 9 Inflammable materials 2969 9 Tamping bars 2970 9 Extrahazardous occupations 4 52 F Sections Page Factory inspection (sanitary) 1-23 96-98 Females. (See also Women.) Hours of labor 1-3 40 In mines 3 5 3107 46 Seats for ; 58i5 4i 5 48 H Sections Page Holidays - 3581 39 Hospital, Miners' 504-508 37, 38 Hours of labor Children 4 48 Convicts on highways 4 107 Females 1-3 40 Mines, smelters, etc 3499,3500 7 Public works 1. 2 38, 39 I Sections Page Incorporation of labor organizations 4187 90 Inspection of factories 1-23 96-98 Inspector of Mines. (See also State Mine Inspectors.) State Geologist 3483-3490 10-14 112 LABOR LAWS OF THE STATE OF WYOMING Intoxicants In mines, smelters, etc 5890 10 3491 14 Protection for married women 2837 41 Sale to cliildren 3104 46 Iron mines, — Liens for labor 3 794 81 L Sections Page Labor unions 4186-4193 89-92 Liability. (See also Damages, Workmen's Compensation Law.) Railroad companies to employees 1—4 So, 5l Licenses 1681 95 Liens Irrigation works 3823-3825 87-89 Laborers' 3753 75 Mechanics' and builders' 3799-3818 82-87 Miners' 1-3798 76-81 Oil wells 3785, 3798 78, 81 Personal property 3753 75 Purchaser not affected 3769 76 Railroad construction Note 89 Timber 3767,3768 76 Appeals from inspector's decisions 3 520 22 M Mechanics' liens 3799-3818 82-87 Mines and mining Children 3 5 3107 46 3 47 Coal mines. (See Coal mines.) Constitutional provisions 1—4 5 Day, eight hours 3499-3504 7, 8 Explosives, storage of 2964-2972 8-10 Females in mines 3 5 Inspector. (See State Inspector.) Regulate explosives 2971 10 State geologist 3483 11 Intoxicants 5890 10 3491 14 Liens, miners' 1-3798 76-81 Metalliferous mines 3483—3492 10—14 Mothers' pensions 1_5 43 44 LABOR LAWS OF THE STATE OF WYOMING 113 N Negligence Contributory 2 50 Of employers and employees 3430 49 J 51 Of employees ^ 2 51 o Occupational tax 1796 95 Oil wells, — Labor liens 3798 81 Organizations, labor 4186-4193 89-92 P Pensions for mothers and children l_5 43 44 Political rights Attempt to influence vote 2214 93 Discharging for candidacy 3431 93 Time allowed for voting , 21 93 Poll taxes Employers liable 5 94 Employers to furnish list 2558 94 Printing, public Note 99 Prison labor, state commission 2 101 R Railroad companies Garnishment, to secure wages 4787 73 Liability to employees ^ 1—4 50, 51 Lien for construction Note 89 s Safety Coal mines 3506-3508 l5-l7 3517 20 3531 26 Metalliferous mines 3485 11 Devices 24 68 Signals, metalliferous mines 3489, 3490 12-14 State Geologist, Inspector 3483-3490 10-14 State Mine Inspectors Access to mines 3518 20 Accidents 3544 30 Appointment and qualifications 3536 27 4 35 114 LABOR LAWS OF THE STATE OF WYOMING Bonds Deputies, special Districts Duties Eligibles, list of Enforcement of law _ Records Removal Reports Reports, posted at m' Reports, annual Reports, owners' Salary Violations by Sunday closing 3538 28 3547 31 3537 28 3538 28 5, 6 36 3533 27 3539 29 3540 29 3538 28 3541 30 3544 30 ■3542 30 3536 27 3546 31 5980 40 w Wages Action for — (coal mines) 3550, Assignment, — banks excepted Assignment, — consent of wife- Assignment, — employer's acceptance Exemption from execution Preferred claims, administration Preferred claims, assignments Railroad employees, garnishment Workmen's Compensation Law Accidents, employer's report ^ Aliens, non-resident Appropriation Attorney General's duty Building work : Child, defined Compensation schedule Compulsory, this act County assessors' duty .' Court, District, jurisdiction Court orders recorded Court, Supreme, appeal to Death, compensation Definitions Dependent families, defined Dependent persons, employee's statement 3551 32 3434 73 3433 73 3432 73 4810 74 5595 75 3390 72 4787 73 1-34 51-57 11 57 6k 56 15 61 13 60 18 63 6(f) 55 6(k) 55 19 63-67 2, 3 51, 52 18 62 12 58 30 70 14 60 13 60 19(d) 66 6 53 6(h) 55 31 71 LABOR LAWS OF THE STATE OF WYOMING 115 Disability, permanent partial _^ Disability, permanent total Disability, temporary total Employees, number of Employer, defined Employer's assessment Employer's assessment not refunded Employer's report of accident Employer's books examined Engineering work, defined Exemption from execution, etc Existing contracts Extrahazardous occupations Factories defined : False statements by employees Fees for procuring compensation Forfeiture of rights by injured Forms for reports, etc ' General provisions Guardian- may act Industrial accident fund Injuries in extrahazardous work Interstate commerce, excepted Invalid Liability governed by this act Liability, other than employer's Mill defined Mine defined Minor workman Payroll report Physicians, required to testify Physicians, examination by Public extrahazardous work Quarry defined Safety devices State Treasurer, to supply forms State Treasurer, to compile statistics State Treasurer, may examine employer's books Workman defined Workshop defined Women, Married. (See also Females.) Carry on business Pensions Power to contract Protection Separate estate 19(a) 63 19(b) 65 19(c) 65 4 53 6(h) 55 16 61 32 71 11 57 29 70 6(g) 54 21 67 33 71 4 52 6(a) 53 27 69 25 69 20 67 10 57 2 51 7 56 15 61 6(1) (m) 56 5 53 6(n) 56 9 57 8 56 6(c) 54 6(d) 54 22 67 17 62 26 69 30 70 23 68 6(e) 54 24 68 10 57 28 69 29 70 6(i) 55 6(b) 53 3112 42 1-5 43, 44 3909 42 2837 41 3908 42 Date Due — ■ar" '\ ' — , ^ ., Cornell University Library HD 7835.W8A4 1916 Labor laws of the state of Wyoming 3 1924 002 405 664 /9/(i iiiviliiliii iiiilMilii