« PreviousContinue »
CHAPTER 18.-Labor organizations, etc.—Unauthorized use of badges.
SECTION 1. Section 1192 of the Penal Code of the State of Montana is hereby amended so as to read as follows:
Section 1192. Any person who willfully wears the badge of ** * labor organizations, or any society, order or organization of ten years standing in the State of Montana, or use the name to obtain aid or assistance within this State, or willfully uses the name of such society, order or organization, the title of its officers, or its insignia, rituals or ceremonies, unless entitled to use or wear the same under the constitution and by-laws, rules and regulations of such order, or of such society, order or organization, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by imprisonment for a term not to exceed ninty (ninety] days in the county jail, or a fine not to exceed two hundred and no-100-($200.00) dollars, or by both such fine and imprisonment: Provided, This shall not apply to the wives, daughters, sisters or mothers of members of these orders who are in good standing. Approved Feby. 19, 1907.
CHAPTER 19.--Employment of children-Enforcement of laus.
SECTION IV. Section X of an act approved March 4, 1905, is hereby amended to read as follows:
The secretary (of the bureau of child and animal protection] is hereby vested with authority to make arrests of any person, or persons, violating any provisions of the laws relating to wrongs to children and dumb animals, and is hereby further vested with the authority to enter workshops, factories, stores, mines, mills and smelters, and all other places where children may be employed, and do what may be necessary in the way of investigation, or otherwise, to enforce the laws pertaining to minor children and animals.
Approved Feby. 19, 1907.
CHAPTER 37.--Accidents on railroads.
SECTION 16A. The said board [of railroad commissioners) or some members thereof, to be deputed by it, shall investigate and make inquiry into every accident occurring in the operation of any railroad in this State, resulting in death or injury to any person, of such gravity as to require the attention of a physician or surgeon, or in the destruction of property greater in value than two thousand dollars. The testimony taken on any such hearing shall be transcribed and filed in the office of the board.
Sec. 17. It is hereby made the duty of every railroad company operating any line of railroad within this State, promptly upon the occurrence or in connection with the operation of its line within the State, of any accident such as is mentioned in the next preceding section, to report the same to the board of railroad commissioners, in which report shall be stated the time and place of the accident, the names of the persons killed or injured, and the value of any property destroyed.
Sec. 18. The said board in making any examination or investigation provided for in this act, shall have the power to issue subpænas for the attendance of witnesses, by such rules as they may prescribe. Each witness shall receive the sum of three dollars per day, together with the sum of five cents per mile traveled by the nearest practicable route in going to and returning from the place of meeting of said commission. And no witness furnished with free transportation shall receive mileage for the distance he may have traveled on such free transportation. No person shall be excused from attending or testifying, or producing any books, papers, documents, or any thing or things, before any court or magistrate, or commissioner or board, upon any investigation, proceeding or trial under the provisions of this act or for any violation of any of them, upon the ground or for the reason that the testimony or evidence documentary or otherwise required of him, may tend to convict him of a crime, or to subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify, or produce evidence; and no testimony or evidence so given or produced shall be received against him upon any civil or criminal proceeding, action or investigation.
Became a law the 26th day of February, 1907.
CHAPTER 45.— Inspection of steam boilers. SECTION I. Section 552 of the Political Code is hereby amended so as to read as follows:
Section 552. There shall be two assistant inspectors of boilers, each of whom shall be called assistant inspector of boilers. Such assistant inspectors must be persons who have had at least four years practical experience in the operation of steam engines and boilers, and must be persons of temperate habits and good character and qualified to perform the duties of their office. They shall be appointed by the governor, by and with the advice and consent of the senate, and be subject to removal at the will of the governor. The salary of each assistant inspector shall be eighteen hundred ($1,800.00) dollars per year. Each assistant inspector must execute an official bond in the sum of twenty-five hundred ($2,500.00) dollars.
There shall be a clerk to the State boiler inspector to be appointed by him, who shall also when not engaged in duties as clerk of the State boiler inspector's office, perform such duties as clerk of the State quartz mine inspector and State coal mine inspector's office, as those offices may require. The salary of the clerk to the boiler inspector shall be fifteen hundred ($1,500.00) dollars per year, and the clerk must execute an official bond in the sum of two thousand ($2,000.00) dollars. Approved Feby. 26, 1907.
CHAPTER 52.- Foremen, etc., accepting fees for furnishing employment. Section 1. Any superintendent, foreman, assistant, boss, or any other person, or persons, who shall receive, or solicit, or cause to be received or solicited, any sum of money or other valuable consideration, from any person for or on account of the employment, or the continuing of the employment of such person, or of anyone else, or for, or on account of any promise, or agreement, to employ or to continue to employ, any such person, or anyone else, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand (1,000) dollars, or undergo an imprisonment in the county jail of not more than one (1) year, or both, at the discretion of the court.
Sec. 2. No person shall be excused from attending or testifying, or producing any books, papers, documents, or any thing, or things before any court, or magistrate upon any investigation, proceeding, or trial, for a violation of any of the provisions of this act, upon the ground, or for the reason that the testimony, or evidence, documentary, or otherwise required of him, may tend to convict him of a crime, or to subject him to a penalty, or forfeiture; but no person shall be prosecuted or subjected to any penalty, or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify, or produce evidence of documentary, or otherwise; and no testimony or evidence so given, or produced shall be received against him in any civil or criminal proceeding, action or investigation. Approved Feby. 28, 1907.
CHAPTER 54.-Railroads—Construction of caboose cars. SECTION 1. It shall be unlawful for any person, corporation or company operating any railroad or railway in this State to require or permit the use of any caboose cars, unless said caboose cars shall be at least twenty-four feet in length, exclusive of platforms, and shall be provided with a door in each end thereof, and with suitable water-closets, cupolas, platforms, guard rails, grab irons and steps for the safety of persons in alighting or getting on said caboose cars, and said caboose cars shall be equipped with at least two, four wheel trucks;
SEC. 2. Any person, corporation or company operating any railroad or railway in this State, violating any of the provisions of section 1, of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00), for each offense.
Sec. 4. This act shall be in force and take effect from and after the first day of
CHAPTER 78.–Protection of employees on street railroads.
cable or electricity, which require the constant services, care, or attention of any person or persons on any part of such car, to require or permit such services, attention or care, of any of its employees, (or any other person or persons,) between the first day of November and the first day of May of each year, unless such person or persons, partnership or corporation, its said officers or superintendents and managing agents, have first provided the said car or cars with a proper and sufficient inclosure, constructed of wood, iron or glass, or similar suitable material sufficient to protect such employees from exposure to the inclemencies of the weather: Provided, That such inclosures shall be 80 constructed as not to obscure the vision of the person operating the car: Provided further, That during a fog or fall of snow sufficient to obscure the view of motormen he may be allowed to remove the glass in his immediate front so that sanie shall not prevent the safe operation of the car.
Sec. 2. From and after said December first A. D. 1908, it shall be unlawful for any person or persons, partnership or corporation so owning or operating street railways using steam, electric or cable cars, or any superintending or managing officer or agent thereof, to cause or to permit to be used upon such line of railway, between the said November first, and May first, of each and every year, any car or cars upon which the services of any employee such as specified in section one of this act is required, unless such car or cars shall be provided with the inclosure required by said section one of this act, except that any street railway company may at all times of the year run special cars not so protected, not more than four consecutive hours in one day.
SEC. 3. Any person or persons, partnership or corporation owning, operating or superintending or managing any such line of street railway or managing or superintending officer or agent thereof. who shall be found guilty of the violation of the provisions of section one or two 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 or more than one hundred dollars. Each and every day that any such person or persons cause or permit any of thier (their) employees to operate such cars in violation of the provisions of section one of this act, or cause such cars to be operated in violation of section two of this act, shall be deemed a separate offense.
Sec. It is hereby made the duty of the county, attorney of any county in which any street railway is situated and operated, upon information given to him by any person that any person or persons, partnership or corporation has violated any of the provisions of this act, to promptly prosecute such person or persons, partnership or corporation for such violation.
Approved March 4, 1907.
CHAPTER 93.-Employment of children-Age limit.
SECTION 1. Any person, company, firm, association, or corporation engaged in business in this State, or any agent, officer, foreman or other employee having control or management of employees, or having the power to hire or discharge employees, who shall knowingly employ or permit to be employed any child under the age of sixteen years, to render or perform any service or labor, whether under contract of employment or otherwise, in, on, or about any mine, mill, smelter, workshop, factory, steam, electric, hydraulic, or compressed air railroad, or passenger or freight elevator, or where
any machinery is operated, or for any telegraph, telephone or messenger company, or in any occupation not herein enumerated which is known to be dangerous or unhealthful, or which may be in any way detrimental to the morals of said child, shall be guilty of a misdemeanor and punishable as hereinafter provided.
Sec. 2. Any parent, guardian or other person having the care, custody or control of any child under the age of sixteen years, who shall permit, suffer or allow any such child to work or perform service for any person, company, firm, association or corporation doing business in this State, or who shall permit or allow any such child over whom he has such care, custody or control, to retain such employment as is prohibited in section one of this act, whether under contract of employment or not, shall be guilty of a misdemeanor and punishable as hereinafter provided.
Sec. 3. The commissioner of the bureau of agriculture, labor and industry shall compile and preserve in his office from reports made to him by the county súperintendent of schools, as otherwise provided, a full and complete list of the name, age, date of birth and sex of each child, and the names of the parents or guardians of each child under the age of sixteen years who is now or may hereafter become a resident of this State, and such list shall be the official record of the age of children in this State.
Sec. 4. Upon attaining the age of sixteen years any child may make application to the commissioner of the bureau of agriculture, labor and industry for an age certificate, which must be presented to any employer with whom such child may seek employment. The employer, if such employment be given, must countersign the certificate, and return the same to the commissioner of said bureau, who shall keep the same on file in his office.
Any person, firm, company, association or corporation who employs or permits to be employed in any occupation prohibited in section one of this act, any child without such certificate showing the child to be at least sixteen years of age, shall be guilty of a misdemeanor and punishable as hereinafter provided. Should such child prove to be less than sixteen years of age.
Sec. 5. To enforce this act the commissioner of the bureau of agriculture, labor and industry, the bureau of child and animal protection and all county attorneys shall, each upon thier (their) own volition, or upon the sworn complaint of any reputable citizen that this act is being violated, make prosecutions for such violations.
Sec. 6. Every person, firm, company, association or corporation who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars por more than five hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than six months, or by both such fine and imprisonment.
Approved March 5, 1907.
SECTION 1. Chapter 50 of the Session Laws of the State of Montana for the year 1905 is hereby amended so as to read as follows:
Section 1. A period of eight (8) hours shall constitute a day's work on all works or undertakings carried on or aided by any municipal, county, or State government, and on all contracts let by them, and in mills and smelters for the treatment of ores, and in underground mines, and in the washing, reducing or treatment of coal.
Sec. 2. Every person, corporation, stock company or association of persons who violate any of the provisions of section one (1) of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred (100) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such (fine) and imprisonment. Approved March 6, 1907.
CHAPTER 133.-Mine regulations-Inspector. Section 1. The governor, by and with the advice and consent of the senate, shall appoint one coal-mine inspector who shall hold office for a term of four years from the date of his appointment, unless otherwise removed by the governor.
Sec. 2. No person shall be eligible to the office of coal-mine inspector until he shall have attained the age of thirty years, must be a citizen of the United States, a qualified resident of the State of Montana and been actually employed at coal mining ten years prior to his appointment and shall possess a competent knowledge of all the different systems of coal mining and working and properly, ventilating coal mines, and the nature and constituent parts of noxious and explosive gases of coal mines, and of the various ways of expelling the same from the said mines. Said inspector shall be a graduate of some recognized school of mines.
Sec. 3. The salary of the State coal-mine inspector shall be twenty-five hundred dollars per annum and all necessary and traveling expenses; the State coal-mine inspector shall file with the State treasurer a bond, approved by the governor of the State, in the sum of five thousand dollars, for the faithful performance of his duties.
SEC. 4. The State coal mine inspector shall have the right and it is hereby made his duty, to enter, inspect, and examine any coal mine in this State and the workings and the machinery belonging thereto, at all reasonable times, either by day or night, but not so as to impede or obstruct the workings of the mine. He shall also have the right and it is his duty to make inquiry into the condition of such mine, workings, machinery, scales, ventilation, drainage, method of lighting or using lights, and into all methods and things connected with or relating to, as well as to make suggestions providing for the health and safety of persons employed in or about the same, and especially to make inquiry whether or not the provisions of the acts providing for the regulation of coal mines, or other acts which may hereinafter be enacted governing coal mines, have been complied with. The owner, operator or superintendent of such mine is hereby required to furnish the means necessary for such entry, inspection, examination, inquiry and exit. It shall also be the duty of the said coal mine inspector to carefully examine all the coal mines in operation in this State at least every three months and oftener if necessary; to see that every precaution is taken to
insure the safety of all workmen that may be engaged in said coal mine. The said inspector shall make a record of the visit, noting the time and the material circumstances of the inspection.
Sec. 5. The said coal mine inspector while in office shall not act as agent for any corporation, superintendent or manager of any mines, and shall in no manner whatever be under the employ of mining companies, and it shall be the duty of the said coal mine inspector on or before the first day of January of every year, to make a report to the governor of his proceedings as such coal mine inspector and the conditions of each and every coal mine in the State, stating therein all accidents that have happened in or about said mine or mines, and to set forth in said report all such suggestions as he may deem important as to any further legislation on the subject of coal mining.
Sec. 6. For the more efficient discharge of the duties herein imposed upon him, the said coal mine inspector shall be furnished at the expense of the State, with an anemometer, a safety lamp and whatever other instruments or other appliances which may be required in order to carry into effect the provisions of the acts regulating coal mines.
Sec. 7. The State coal mine inspector shall post up in some conspicuous place at the top of each mine visited and inspected by him, a plain statement of the conditions of such mine, showing what in his judgment is necessary for the better protection of the lives and health of persons employed in said mine; such statement shall give the date of inspection and be signed by the said inspector. He shall also post a notice at the landing used by the men stating what number of men may be permitted to ride on the cage, car or cars at one time, and what rate of speed men may be hoisted and lowered on the cage, car or cars. He must observe especially that the code of signals provided in the act regulating coal mines, between the engineer and top men and bottom men, is conspicuously posted for the information of all employees.
In case of the death, resignation or removal from office of the State coal mine inspector before the expiration of the term of office, the governor shall appoint a duly qualified person as provided in this act, to fill the vacancy for the unexpired term.
Sec. 8. In case the State coal mine inspector becomes incapacitated and can not perform the duties of his office for a period longer than two weeks, it shall be the duty of the governor to deputize some competent person having the qualifications provided in this act, to fulfill the duties of the said inspector until the said inspector shall return to the performance of his official duties; and the person deputized by the governor shall be paid by the State out of any moneys in the general fund of the State not otherwise appropriated, for the services rendered, at the same rate as received by the State coal mine inspector.
Sec. 9. The State coal mine inspector is hereby made, equally with the county clerk, ex officio sealer of weights and measures, in so far as the same relates to coal mines and coal mining, and as such is empowered to test and compare all weights and measures used in weighing and measuring coal at any coal mine, or used in measuring air passages or other openings in coal mines, with the standards of weights and measures kept by the county clerk of any county. Upon the written request of any coal mine owner or operator or ten coal miners employed at any one mine, it shall be his duty to test and prove any scale or scales at such mine against which complaint is directed, and if he shall find that they or any of them do not weigh correctly, he shall call the attention of the mine owner or operator to the fact and direct that said scale or scales be at once overhauled and readjusted so as to indicate only true and correct weights, and he shall forbid the further operation of such scale until such scales are adjusted. In the event that such tests shall conflict with any test made by any county sealer of weights and measures, or under and by virtue of any municipal ordinance or regulation, then the test by such mine inspector shall prevail.
SEC. 10. For the purpose of carrying out the provisions of this act the State coal mine inspector shall be furnished by the State with a complete set of standard weights suitable for testing the accuracy of track scales, and of all smaller scales at mines; said test weights shall remain in the custody of the State coal mine inspector for use at any point within the State, and for any amounts expended by him for the storage, transportation or the handling of the same, he shall be fully reimbursed upon making entry of the proper items in his expense voucher.
Sec. 11. If any operator shall refuse to permit such inspection or to furnish the necessary facilities for making such examination and inspection, the inspector shall file his affidavit, setting forth his refusal, with the judge of the district court in said county in which said mine is situated, either in term time or vacation, and obtain an order on such owner, operator or agent so refusing as aforesaid, commanding him to permit and furnish such necessary facilities for the inspection of such coal mine, or to be adjudged to stand in contempt of court and punished accordingly.
Sec. 12. Whenever a petition signed by fifty or more reputable citizens, legal residents of the State, verified by oath by two or more of the said petitioners, and accom