geons to attend to persons injured by its trains, the muren of the pay sean." In Union Pacife Fair a: 4. 1 strong opinion by Judge Sanborn, who wait ...: r.is, ingred, a rile calated to repress the elumny her that would compel those who have formed modations and services to pay for the nezüzere or ply icians or attendants that they had selected with re No such rule has ever prevailed in Vis country. those who furnish hospital accommodations and medica. A not for the purpose of making profit thereby, but ont of cam the course of the administrations of a charitable entemes hable for the malpractice of the physicians or the negligence i attendants they employ; but are responsible only for their of ordinary care in selecting them." The doctrine announ cases is in harmony with the current of authority upon las and seems to us to be sound in principle. As the selection ru ment of persons in charge of the hospital is lodged entirely road company, they should be charged with the duty of ex reasonable care in their selection, and held responsible for a far this respect. But, when they have in the exercise of reasonate employed competent and skillful physicians and attendants, it seriously interfere with the establishment of institutions of this acter to hold them responsible for every specific act of malpracti negligence that they might be guilty of. Of course, this view is b on the assumption that the railroad company does not derive a pecuniary profit or gain from the conduct of the institution. Ifs.. were the case, a different standard of responsibility would be es lished. In addition to the instructions given on the former trial, ther on another trial of the case should instruct the jury in substance if they believe from the evidence that the railroad company of agents selected or appointed the physicians, surgeons, or attenz at the hospital, then it was its duty to exercise reasonable cari selecting and appointing persons competent and skillful in the fession or business for which they were employed, and, if it faile exercise reasonable care and skill in this respect, and Buchanan wi injured by reason thereof, they should find for him. Either party should be allowed to file such amended pleadings may be necessary to fairly present this new issue. The former opinion of this court is withdrawn, and the judgmen of the lower court is reversed, with directions for a new trial in corformity with this opinion. AWS 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 the United States relating to labor, in force January 1, 1904. Later enactments are reproduced in ccessive issues of the Bulletin, beginning with Bulletin No. 57, the issue of March, 1905. In the cumutive index, page 1962 et seq., are indexed all laws found in the Tenth Special Report, together with ose enacted since January 1, 1904, and published in Bulletin Nos. 57 to 73, inclusive.] ALABAMA. ACTS OF 1907. ACT No. 69.-Accidents on railroads. SECTION 22. Every person, corporation, company or association operating a railroad hall give notice to the [railroa] commission of every accident happening on any porion of its line in this State, which is attended with death or maiming or other serious njury to the person of any one, within five days thereafter, giving facts and circumstances of such accident, which any one or more of the commissioners may investigate, and the result of such injury, with such details as they may deem necessary, shall be entered upon the record of the proceedings of the cominission. Approved, February 23, 1907. ACT No. 278.—Inspection of factories—Cotton mills. (See pp. 817 and 818, above.) ACT No. 341.-IIiring out children to support parents in idleness. (See p. 657, above.) ACT No. 693.-Contracts of employment with intent to defraud. Section 4730 of the Criminal Code of 1896 is hereby amended so as to read as follows: Section 4730. Any person, who with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act of service, and thereby obtains money or other personal property from such employer, and with like intent, and without just cause, and without refunding such money, or paying for such property, refuses or fails to perform such act or service, must on conviction be punished by a fine in double the damage suffered by the injured party, but not more than $300, one-half of said fine to go to the county and one-half to the party injured. And the refusal or failure of any person, who enters into such contract, to perform such act or service or to cultivate such land, or refund such money, or pay for such property without just cause shall be prima facie evidence of the intent to injure his employer or landlord or to defraud him. Approved, Aug. 15, 1907. * ACT No. 776.-Employment of children in factories. (See pp. 657-659, above.) ARKANSAS. ACTS OF 1907. ACT No. 69.-Liability of employers for injuries to employees. * * * SECTION 1. All railroad companies operating within this State, whether incorporated or not, and all corporations of every kind and character, and every company whether incorporated or not, engaged in the mining of coal, who may employ agents, servants or employees, such agents, servants or employees being in the exercise of due care shall be liable to respond in damages for injuries or death sustained by any such agent, employee or servant, resulting from the careless omission of duty or negli gence of such employer, or which may result from the carelessness, omission of duty & negligence of any other agent, servant or employee of the said employer, in the sare manner and to the same extent as if the carelessness, omission of duty or negligence causing the injury or death was that of the employer. Approved March 8, 1907. ACT No. 70.-Time to vote to be allowed employees. SECTION 2. All mills, mines, shops and factories in the State of Arkansas shall snepend work on the day of each general election, or change the working force of employees, not later than four o'clock p. m. in order that their employees may exercise the right of franchise. Approved March 8, 1907. ACT No. 116.- Railroads-Crews for freight trains. SECTION 1. No railroad company or officer of court owning or operating any line of lines of railroad in this State, and engaged in the transportation of freight over its lice or lines shall equip any of its said freight trains with a crew consisting of less than an engineer, a fireman, a conductor and three brakemen, regardless of any modern equipment of automatic couplers and air brakes, except as hereinafter provided. SEC. 2. This act shall not apply to any railroad company or officer of court whose line or lines are less than fifty miles in length, nor to any railroad in this State, regardless of the length of the said lines, where said freight train so operated shall consist of less than twenty-five cars, it being the purpose of this act to require all railroads in this State whose line or lines are over fifty miles in length engaged in hauling a freight train consisting of twenty-five cars or more, to equip the same with a crew consisting of not less than an engineer, a fireman, a conductor and three brakemen, but nothing in this act shall be construed so as to prevent any railroad company or oilicer of court from adding to or increasing its crew beyond the number set out in this act. SEC. 3. Any railroad company or officer of court violating any of the provisions of this act shall be fined for each offense not less than one hundred dollars nor more than five hundred dollars, and each freight train so illegally run shall constitute a separate offense: Provided, The penalties of this act shall not apply during strikes of men in train service of lines involved. Approved March 28, 1907. ACT No. 271.-Repayment of advances made by employers. SECTION 1. Any person who enters into any contract in writing duly acknowledged or attested by two witnesses for the performance on his part of any act, covenant or service to be performed within fifteen months from the date of execution of such contract, and who, thereafter, by reason of such contractual obligation, or in reliance thereon, or on account thereof, obtains money or other property from any person, and who, thereafter, with an intent to injure or defraud such person, willfully fails or refuses either to perform such act, covenant or service, or in lieu of such performance, to refund such money and pay for such other property as may have been so advanced upon the faith of the due performance of such contractual obligation, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars and not less than twenty-five dollars, or by imprisonment in the county jail not to exceed six months and not less than thirty days, or by both such fine and imprisonment, at the discretion of the court. SEC. 2. The failure or refusal of any such person, either to perform such act, covenant or service so contracted to be perforined, or in lieu of such performance, to refund all money, and pay for all other property so advanced upon the faith of the due performance of such contractual obligation, shall be prima facie evidence of a guilty intent to injure or defraud, within the meaning of this act. SEC. 3. If upon any trial under the provisions of this act, the defendant can show that the person who is alleged to have advanced any money or property upon the faith of the due performance of any such contractual obligation, has, upon demand, failed or refused to render to the defendant a just and true account, showing all credits to which the defendant is entitled, of all money and other property so advanced by such person, it shall be a complete defense to any prosecution under this act: Provided, That the provisions of this bill shall not apply to the following counties: Dallas, Grant, Crawford, Conway, Howard, Independence, Franklin, Faulkner, Pike, Ouachita, Polk, Jackson, Newton, Hot Spring, Union, Garland, Fulton, Hempstead, Sharp, Clark, Mississippi, Baxter, Stone, Montgomery, Boone, Johnson, Sebastian, Logan, Calhoun, Lee, Clay, Madison, Columbia, Prairie, Cleburne, White, Lawrence, Searcy, Cleveland, Washington, Scott, Marion, Carroll, Nevada, Van Buren, Arkansas, Cross, Saline, Yell, St. Francis, Benton, Izard, Randolph, Lincoln, and Sevier. Approved May 6, 1907. ACT No. 282.-Hours of labor of employees on railroads. SECTION 1. It shall be unlawful for any person, corporation, association, their agents or officials operating a railroad within this State to permit any telegraph or telephone operator who is engaged in the handling of trains by the use of the telegraph or telephone, reporting trains to each other and to the train dispatcher registering the same, and operating one or more train order signals, telegraph or telephone levermen who manipulate lever machines in railroad yards, or on the main tracks out of [on] the line, connecting side tracks or switches or train dispatchers in its service whose duties pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains, or receiving or transmitting train orders or messages directing the movement of trains as interpreted in this section, to be on duty for more than eight (8) hours in any twenty-four (24) consecutive hours. SEC. 2. Any person, corporation, association, their agents or officials that shall violate section I of this act shall pay a fine of five hundred dollars for each violation of this act. Approved May 8, 1907. ACT No. 315.-Payment of wages in scrip. SECTION 1. It shall be unlawful for any corporation, company, firm or person, engaged in any trade or business in this State, either directly or indirectly, to issue, sell, give or deliver to any person employed by such corporation, company, firm or person, in payment of wages, whether such wages are earned or not, any scrip, token, draft, check or other evidence of indebtedness payable or redeemable otherwise than in lawful money, at the next regular pay day of such corporation, company, firm or person. And if such script [scrip], token, draft, check, or other evidence of indebtedness be so issued, sold, given or delivered to such laborer, it shall be construed, taken and held in all courts and places to be a promise to pay the sum specified therein, in lawful money by the corporation, company, firm or person issuing, selling, giving or delivering the same to the person named therein or the holder thereof. And the corporation, company, firm or person so issuing, selling, giving or delivering the same shall, moreover, be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars ($25) and not more than one hundred dollars ($100). And at the discretion of the court trying the same, the officer or agent of the corporation, company, firm or person issuing, selling, giving or delivering the same may be imprisoned not less than ten, nor more than thirty days. And in any suit by any holder of any such scrip, token, draft, check or other evidence of indebtedness, or in any prosecution under the provisions of this section, it shall not be required of the plaintiff in such suit or the State in such prosecution to prove that such scrip, token, draft, check or other evidence of indebtedness was sold, given, issued or delivered by the defendant in such suit or prosecution, to any laborer or employee in payment of wages of such laborer or employee. SEC. 2. If any corporation, company, firm or person shall coerce or compel or attempt to coerce or compel any employee in its, their, or his employment to purchase goods or supplies in payment of wages, whether such wages are earned or not, from any corporation, company, firm, or person, such first-named corporation, company, firm, or person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the preceding section. SEC. 3. If any such corporation, company, firm or person shall directly or indirectly sell to any such employee in payment of wages, whether earned or not, goods and supplies at prices higher than a reasonable or current market value thereof in cash, such corporation, company, firm or person shall be liable to such employee, in a civil action, in double the amount of the charges made and paid for such goods and supplies in excess of the reasonable or current value in cash thereof: Provided, That the provisions of this act do not apply to coal mines, when less than twenty (20) men are employed under the ground. Approved May 14, 1907. ACT No. 402.-Railroads Headlights on locomotives. SECTION 1. Any company, corporation or officer of court, owning or operating railroad over fifty miles in length, in whole or in part within this State, shall required to equip, maintain and use upon each and every locomotive being operat in road service in the State in the nighttime a headlight of power and brilliany 1,500 candlepower. SEC. 2. Any company, corporation or officer of court owning or operating a railr over fifty miles in length, in whole or in part within this State, violating the pvisions of this act, shall be liable on conviction to a penalty of a fine of not less t three hundred dollars ($500) nor more than five hundred dollars ($500) for each -7arate offense, which shall be recovered in a civil action in the name of the State. Approved May 28, 1907. ACT No. 456.-Employment of children-General provisions. (See pp. 660 and 661, above:) Approved May 29, 1907. COLORADO. ACTS OF 1907. CHAPTER 109.- Arbitration of labor disputes. SECTION 1. An act entitled "An act creating a State and local boards of arbitration, and providing for the adjustment of differences arising between employers and eployees and defining the powers and duties thereof, and making an appropriation therefor," approved March 31, 1897, is hereby repealed. Approved April 17, 1907. CHAPTER 117.-Civil service-Labor service. SECTION 9. The rule[s] [formulated by the State civil service commission] stal not be inconsistent with law, may be of general or limited application and, amig other things, shall provide, as nearly as the conditions of good administration wil warrant, as follows: First, For the classification of the offices, positions and employments to be filled. Ninth, For the registration and appointment of laborers, skilled and unskilled, according to priority of application and rating. The rating need not relate to mere than capacity to labor, habits of industry, sobriety and honesty. SEC. 12. Every applicant for examination, except unskilled laborers, shall pay the State treasurer the sum of one dollar, to be placed to the credit of the commission, in a special fund for the purpose of defraying so far as possible, the expenses to be incurred hereunder, * * * CHAPTER 120.—Mine regulations-Inspectors. SECTION 1. The inspector of coal mines and his deputies shall devote the whole 4 their time to the duties of their office. It shall be the duty of the inspector or his deputies to enter into and thoroughly examine all coal mines in the State in which more than 10 men are employed, at least once each quarter, to see that all the provisions of this act are observed and strictly carried out, and the inspector or his deputy or deputies, or both, may enter, inspect and examine any coal mine in the State, and the works and machinery belonging thereto, at all reasonable times, by night or day, but so as to not unnecessarily obstruct or impede the workings of the mine; and the owner or any agent of such mine is hereby required to furnish the means necessary for such entry and inspection. The inspector shall make to the governor of the State a biennial report, which shall show the number of coal mines, and development on the same during each year, and the persons employed in and about each mine, and the extent to which the law is obeyed, the progress made in the improvement sought to be secured by the pas sage of this act; the number of accidents and deaths resulting from injuries received in coal mines, as also statistics showing output of coal and development made annually |