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An attempt was also made by the plaintiff to prove that the men brought there that day were armed by the defendant company or at their direction, but failed. The evidence produced by the plaintiff shows that those of the men who had revolvers had them without the knowledge of the defendant company, and did the shooting that was done against the protest of the persons who had charge of ihem; that the colored men were not hired to protect the works or the property of the company, but to operate its works; and that the discharge of firearms was not in the course of their employment.
Assuming, for the purpose of this motion, that the bullets fired into the plaintiff's house were fired by employees of the defendant company, it does not follow that the defendant is liable in damages for injury done to her dwelling or injury caused to her person by fright and shock. The law is well settled that a master is only liable for injuries resulting from the willful conduct of his servants if inflicted within the scope of his authority or employment. (Railway Co. v. Donahue, 70 Pa. 119; Snodgrass v. Bradley, 2 Grant, Cas. 43; Pennsylvania Co. v. Toomey, 91 Pa. 256; Scanlon v. Suter, 158 Pa. 275, 27 Atl. 963; Rudgeair v. Traction Co., 180 Pa. 333, 36 Atl. 859.)
It is contended by the plaintiff's attorneys that the discharge of the firearms, by the defendant's employees, was malicious and the evidence produced by the plaintiff justifies the contention. Those who discharged the firearms at the plaintiff's house did so wantonly and recklessly, and were guilty of a criminal offense; and unless it was done within the scope of their employment or by the direction of the employer, and there is no evidence that it was done within the scope of their employment, or by the authority of the employer, the defendant can not be held liable in damages for injuries suffered by the plaintiff.
LAWS OF VARIOUS STATES RELATING TO LABOR, ENACTED
SINCE JANUARY 1, 1904.
(The Tenth Special Report of this Bureau contains all laws of the various States and Territories and of the United States relating to labor, in force January 1, 1904. Later enactments are reproduced in successive issues of the Bulletin, beginning with Bulletin No. 57, the issue of March, 1905. A cumulative index of these later enactments is to be found on page 655 et seq. of this issue.)
ACTS OF 1907.
CHAPTER 13.- Employment of women and minors in saloons. SECTION 1. It shall be unlawful for the owner of any saloon within the Territory of Arizona to permit any woman or minor, either for hire or otherwise, to sing, to recite, to dance, to play on any musical instrument, to give any theatrical or other exhibition, to drink, serve drinks or any other form of refreshment or viands, or to solicit for the purchase of [or] sale thereof; to engage in, or to take part in, any game of chance or amusement, or to loiter in any saloon or in any room or apartment, except the lobby of a legitimate hotel, opening from or into any saloon within the Territory of Arizona.
SEC. 2. Any person who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than three hundred dollars, or by imprisonment in the county jail for not less than thirty days or more than one hundred and eighty days, or by both such fine and imprisonment in the discretion of the court. Approved March 5, 1907.
CHAPTER 34.- Exemption of wages from garnishment. SECTION 1. Paragraph 388 of the Revised Statutes of Arizona, 1901, is hereby amended to read as follows:
That one-half of the earnings for personal services rendered at any time within thirty days next preceding the service of the writ shall not be subject to garnishment when it shall be made to appear by the affidavit of the debtor that such earnings are necessary for the support of his family, residing within this Territory, and supported wholly by his labor. Approved March 14, 1907.
CHAPTER 67.—Employment of children-School attendance. SECTION 2. Paragraph 2231, title 19, chapter 11, of the Revised Statutes, is hereby amended so as to read as follows:
Paragraph 2231. No child under the age of fourteen years shall be employed by any person, persons, company or corporation during the school hours of any school day of the school term of the public school in the school district where such child resides, unless such child has been excused from attendance on instruction, as provided in this section. Every such employer shall require proof that such child has been excused from such attendance, and shall keep a record of such proof, which shall be open to the inspection of any peace officer or school trustee of the district. Any employer employing any child contrary to the provisions of this section shall be deemed guilty of a misdemeanor, and liable to a fine of not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars, to be placed to the credit of the school fund of the district. Every parent, guardian, or other person in the Territory of Arizona, having control of any child between the ages of eight and fourteen years (or of any child of the age of fourteen and under the age of sixteen, who is
unable to read and write in the English language), shall be required to send such child to a public school or private school taught by a competent instructor for a period of six schools (school] months of which twenty school weeks shall be consecutive, in each school year, said child to begin attendance on school within two weeks after the opening of school for the admission of pupils: Provided, That such parent, guardian or other person having control of such child shall be excused from such duty by the board of Trustees of the district whenever it shall be shown to its satisfaction that one of the following reasons exist therefor:
1. That such child is taught at home by a competent instructor in the branches taught in the primary and grammar schools of the Territory.
2. That such child has already completed the grammar school course prescribed by the Territorial board of education.
3. That such child is in such physical or mental condition (as declared by a competent physician, if required by the board) to render such attendance inexpedient or impracticable.
4. That circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm, or otner sufficient cause, shall work an exemption from the penalties of this act. Approved, March 21, 1907.
CHAPTER 72.- Mine regulations-Signals. SECTION 1. Every person, company, corporation or individual, operating any mine within the Territory of Arizona, gold, silver, copper, lead, coal or any other metal or substance where it is necessary to use signals by means of bell or otherwise, for shafts, inclines, drifts, crosscuts, tunnels and underground workings, shall after the passage of this bill adopt, use and put in force the following system or code of mine bell signals as follows:
1. Bell to hoist.
Engineer's signal that he is ready to hoist, is to raise the bucket or cage, two feet and lower it again.
SEC. 2. For the purpose of enforcing and properly understanding the above code of signals, the following rules are hereby established:
Rule 1. In giving signals, make strokes on bell at regular intervals. The bar must take the same time as for one (1) stroke of the bell, and no more.
Rule 2. No person must get off or on the bucket or cage while the same is in motion. When men are to be hoisted or lowered give signal for men. Men must then get on the bucket or cage, then give the signal to hoist or lower. Bell cord must be in reach of man on the bucket or cage at stations.
Rule 3. After signal “Ready to shoot in shaft," engineer must give signal when he is read [ready) to hoist. Miners must then give the signal “men to be hoisted,” and then "spit fuse,” get into the bucket, and give signal to hoist.
Rule 4. All timbers, tools, etc., "longer than the depth of the bucket,” to be hoisted or lowered, must be securely lashed at the upper end to the cable.
Rule 5. The foreman will see that one printed sheet of these signals and rules for each level and one for the engine room are attached to a board not less than twelve (12) inches wide by thirty-six (36) inches long, and securely fasten board up where signals can be easily read at the places above stated.
Rule 6. The above signals and rules must be obeyed. Any violation will be sufficient grounds for discharging the party or parties so doing. No person, company, corporation, or individuals, operating any mine within the Territory of Arizona, shall be responsible for accidents that may happen to men disobeying the above rules and signals. Said notice and rules shall be signed by the person or superintendent having charge of the mine, who shall designate the name of the corporation or the owner of the mine.
Sec. 3. Any person or company failing to carry out any of the provisions of this act shall be responsible for all damages arising to or incurred by any person working in said mine during the time of such failure. Approved March 21, 1907.
CHAPTER 79.-- Exemption of wages from execution. SECTION 20. One-half the earnings of the defendant for his personal services rendered at any time within thirty days next preceding the levy of the execution or attachment shall be exempt when it appears by the affidavit of such defendant, or otherwise, that such earnings are necessary for the use of his family, residing in this Territory, supported in whole or in part by his labor. Approved March 21, 1907.
ACTS OF 1907.
CHAPTER 51.-- Attorneys' fees in suits for wages.
SECTION 1. Section nine hundred and twenty-four of the Code of Civil Procedure is hereby amended so as to read as follows:
924. The prevailing party in the justices' courts is entitled to costs of the action, and also of any proceedings taken by him in aid of an execution, issued upon any judgment recovered therein. In actions for the recovery of wages for labor performed, the court shall add, as part of the costs in any judgment recovered by the plaintiff, an attorney'[s] fee not exceeding twenty per cent of the amount recovered. Approved February 28, 1907.
CHAPTER 97.--Liability of employers for injuries to employees. Section 1. Section 1970 of the Civil Code of the State of California is hereby amended so as to read as follows:
1970. An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the negligence causing the injury was committed in the performance of a duty the employer owes by law to the employee, or unless the employer has neglected to use ordinary care in the selection of the culpable employee: Provided, nevertheless, That the employer shall be liable for such injury when the same results from the wrongful act, neglect or default of any agent or officer of such employer, superior to the employee injured, or of a person employed by such employer having the right to control or direct the services of such employee injured, and also when such injury results from the wrongful act, neglect or default of a coemployee engaged in another department of labor from that of the employee injured, or employed upon a machine, railroad train, switch-signal point, locomotive engine, or other appliance than that upon which the employee is injured is employed, or who is charged with dispatching trains, or transmitting telegraphic or telephonic orders upon any railroad, or in the operation of any mine, factory, machine shop, or other industrial establishment.
Knowledge by an employee injured of the defective or unsafe character or condition of any machinery, ways, appliances or structures of such employer shall not be a bar to recovery for any injury or death caused thereby, unless it shall also appear that such employee fully understood, comprehended and appreciated the dangers incident to the use of such defective machinery, ways, appliances or structures, and thereafter consented to use the same, or continued in the use thereof.
When death, whether instantaneous or otherwise, results from an injury to an employee received as aforesaid, the personal representative of such employee shall have å right of action therefor against such employer, and may recover damages in respect thereof, for and on behalf, and for the benefit of the widow, children, dependent parents, and dependent brothers and sisters, in order of precedence as herein stated, but no more than one action shall be brought for such recovery:
Any contract or agreement, express or implied, made by any such employee to waive the benefits of this section, or any part thereof, shall be null and void, and this section shall not be construed to deprive any such employee or his personal representative, of any right or remedy to which he is now entitled under the laws of this State.
The rules and principles of law as to contributory negligence which apply to other cases shall apply to cases arising under this section, except in so far as the same are herein modified or changed. Approved March 6, 1907.
CHAPTER 322.-Employment of children. SECTION 1. Section five of the “Act regulating the employment and hours of labor of children
[Chapter 18, Acts of 1905) is hereby amended to read as follows:
Section 5. Nothing in this act shall be construed to prohibit the employment of minors at agricultural, horticultural, viticultural, or domestic labor, during the time the public schools are not in session, or during other than school hours. For the purpose of this act, horticulture shall be understood to include the curing and drying, but not the canning, of all varieties of fruit. Approved March 19, 1907.
CHAPTER 524.-Employment of children. SECTION 1. Section 2 of an act entitled “An act regulating the employment and hours of labor of children *!! [Chapter 18, Acts of 1905), is hereby amended so (as) to read as follows:
Section 2. No minor under the age of sixteen years shall be employed or permitted to work in any mercantile institution, office, laundry, manufacturing establishment, or workshop between the hours of ten o'clock in the evening and six o'clock in the morning:
No child under fourteen years of age shall be employed in any mercantile institution, office, laundry, manufacturing establishment, workshop, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages:
Provided, That the judge of the juvenile court of the county, or city and county, or in any county or city and county in which there is no juvenile court, then any judge of the superior court of the county or city and county in which such child resides, shall have authority to issue a permit to work to any child over the age of twelve years, upon a sworn statement being made to him by the parent of such child that such child is past the age of twelve years, that the parents or parent of such child are incapacitated for labor, through illness, and after investigation by a probation officer or truant officer of the city, or city and county, in which such child resides, or in cities and counties where there are no probation or truant officers, then by such other competent persons as the judge may desigpate for this purpose. The permit so issued shall specify the kind of labor and the time for which it is issued, and shall in no case be issued for a longer period than shall seem necessary to the judge issuing such permit. Such permit shall be kept on file by the person, firm or corporation employing the child therein designated during the term of said employment, and shall be given up to said child upon his quitting such employment, Such certificate shall be always open to the inspection of the truant and probation officers of the city and county, city or county, in which the place of employment is situated or of the officers of the State bureau of labor statistics:
And provided, That the attendance officer of any county, city and county, or school district in which any place of employment, in this section named, is situated, shall