estate shall in the event of such settlement by him be accountable to such dependents or any of them.

An Act to provide for the amicable adjustment of differences that may arise between employers and employees.

SECTION 1. That whenever a controversy concerning wages, hours of labor, or conditions of employment shall arise between an employer and his employees, seriously interrupting or threatening to interrupt the business of the employer, the governor shall, upon the request of either party to the controversy, with all practicable expedition, put himself in communication with the parties to such controversy, and shall use his best efforts, by mediation and conciliation, to amicably settle the same. He may either exercise such powers of conciliation himself, or appoint a commission for such purpose. If such efforts of conciliation shall be unsuccessful, the governor shall at once endeavor to bring about an arbitration of such controversy in accordance with the provisions of this act.

1930. Board of arbitration.

SEC. 2. That whenever such controversy shall arise between an employer and his employees which cannot be settled by mediation and conciliation in the manner provided in the preceding section, such controversy may, with the consent of the parties to the controversy, be submitted to the arbitration of a board of three persons who shall be chosen in the manner following: One shall be named by the employer directly interested; the other by the labor organization to which the employees directly interested belong, or if they belong to more than one, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations. The two thus chosen shall select the third commissioner of arbitration, but in the event of their failure to name such arbitrator within five days after their first meeting, the three arbitrators shall be named by the governor. A majority of said arbitrators shall be competent to make a binding and valid award under the provisions hereof. The submission shall be in writing, shall be signed by the employer and by the labor organization or organizations representing employees, shall specify the time and place of meeting of such board of arbitration, shall state the questions to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate as follows:

First-That the board of arbitration shall commence their hearings within ten days from the date of the appointment of the third arbitrator, and shall find and file their award within thirty days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed; provided, that no employee shall be compelled to render personal service without his consent. Second-That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators, shall be filed in the clerk's office of the district court for the district wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.

Third-That the respective parties to the award will each faithfully execute

the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit; provided, that no injunction or other legal process shall be issued which shall compel the performance by any laborer against his will of a contract for personal labor or service.

Fourth-That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of their intention so to quit. Nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of his intention so to discharge.

Fifth-That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of said one year if the award is not set aside as provided.

1931. Decision of arbitrators.

SEC. 3. That the award being filed in the clerk's office of the district court, as herein before provided, shall go into practical operation, and judgment shall be entered thereon accordingly at the expiration of ten days from such filing, unless within such ten days either party shall file exceptions thereto for matter of law apparent on the record, in which case said award shall go into practical operation and judgment be entered accordingly when such exceptions shall have been finally disposed of either by said district court or on appeal therefrom. At the expiration of ten days from the decision of the district court upon exception taken to said award as aforesaid, judgment shall be entered in accordance with said decision, unless during said ten days either party shall appeal therefrom to the supreme court of the State of Nevada. In such case only such portion of the record shall be transmitted to the supreme court as is necessary to a proper understanding and consideration of the questions of law presented by said exceptions and to be decided. The determination of said supreme court upon said questions shall be final, and being certified by the clerk thereof to said district court, judgment pursuant thereto shall thereupon be entered by said district court. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award, but in such case the parties may agree upon a judgment to be entered disposing of the subject-matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon award.

1932. May issue subpenas and compel attendance.

SEC. 4. That for the purposes of this act the arbitrators herein provided for, or either of them, shall have power to administer oaths and affirmations, sign subpenas, require the attendance and testimony of witnesses, and the production of such books, papers, contracts, agreements, and documents material to a just determination of the matters under investigation, as may be ordered by the courts; and may invoke the aid of the said courts to compel witnesses to attend and testify, and to produce such books, papers, contracts, agreements and documents as the courts shall determine to be material and competent evidence.

1933. Agreements must be acknowledged-Report to governor.

SEC. 5. That every agreement of arbitration under this act shall be acknowledged by the parties before a notary public or clerk of the district court of the state, and when so acknowledged a copy of the same shall be filed with and recorded by the county recorder of the county in which the

arbitration is entered into, and a copy shall also be sent to the governor who shall file the same in the office of the secretary of state, who shall cause a notice in writing to be served upon the arbitrators, fixing the time and place for a meeting of said board, which shall be within fifteen days from the execution of said agreement of arbitration; provided, however, that the governor shall decline to call a meeting of the arbitrators under such agreement unless it be shown to his satisfaction that the employees signing the submission represent or include a majority of all the employees in the service of the same employer and of the same grade and class, and that an award pursuant to said submission can justly be regarded as binding upon all such employees. 1934. Obligations of parties.

SEC. 6. That during the pendency of arbitration under this act it shall not be lawful for the employer, party to such arbitration, to discharge the employees, parties thereto, except for inefficiency, violation of law, or neglect of duty; nor for the organization representing such employees to order, nor for the employees to unite in, aid or abet, strikes against said employer; nor, during a period of three months after an award under such an arbitration, for such employer to discharge any such employees, except for the causes aforesaid, without giving thirty days' written notice of an intent so to discharge; nor for any of such employees, during a like period, to quit the service of said employer without just cause, without giving to said employer thirty days' written notice of an intent so to do; nor for such organization representing such employees to order, counsel, or advise otherwise. Any violation of this section shall subject the offending party to liability for damages; provided, that nothing herein contained shall be construed to prevent any employer, party to such arbitration, from reducing the number of its or his employees whenever in its or his judgment business necessities require such a reduction.

1935. Compensation of arbitrators.

SEC. 7. The agreement of arbitration shall provide for the compensation of arbitrators, and their traveling and other necessary expenses.

An Act to prohibit the use of deception, misrepresentation, false advertising or false pretenses in the procuring of employees to work in any department of labor in the State of Nevada, and fixing penalties, criminal and civil, for the violation thereof.

Approved March 22, 1911, 315

1936. Unlawful to misrepresent labor conditions.

SECTION 1. It shall be unlawful for any person, persons, company, corporation, society, association or organization of any kind doing business in this state, by himself, itself, themselves, his, its, or their agents, or attorneys to induce, influence, persuade or engage workmen to change from one place to another in this state, or to bring workmen of any class or calling into this state to work in any of the departments of labor in this state, through means of false or deceptive representations, false advertising or false pretenses concerning the kind and character of the work to be done, or amount and character of the compensation to be paid for such work, or the sanitary or other conditions of their employment, or as to the existence or nonexistence of a strike, or other trouble pending between employer and employees at the time of or prior to such engagement, proposal or contract for such employment of workmen.

1937. Penalties.

SEC. 2. Any person, persons, company, corporation, society, association or organization of any kind doing business in this state, as well as his, their,

or its agents, attorneys, servants or associates found guilty of violating section one (1) of this act, or any part thereof, shall be fined in a sum not less than two hundred dollars ($200), nor more than two thousand dollars ($2,000), or confined in the county jail for a period of not less than sixty days nor more than one year, or when the defendant or defendants is or are a natural person or persons, by both such fine and imprisonment. 1938. Right of action defined.

SEC. 3. Any workman of this state or any workman of another state who has been or shall be influenced, induced or persuaded to engage with any person mentioned in section one (1) of this act, or any company, corporation, or society or organization mentioned in section one (1) of this act, through or by means of any of the things therein prohibited, after this act becomes in force and effect, and each of such workmen shall have a cause of action for recovery and may recover at law, for all damages that each of such workmen shall have sustained in consequence of the false or deceptive representations, false advertising or false pretenses, used to induce him to change his place of employment, or place of abode in case such workman shall not be then employed at the time of such inducement and hiring, against any person or persons, corporations, companies or associations, directly or indirectly causing such damages; and in any action under this act, for the recovery of such damages, the court shall have the power to award a reasonable attorney's fee in favor of the prevailing party and to be taxed as costs against the losing party therein.

An Act to prohibit the issuance of non-negotiable acknowledgments of indebtedness in payment for wages due employees, and providing a punishment for the violation of the provisions of this act.

Approved March 15, 1911. 66

1939. Checks and orders must be negotiable.

SECTION 1. No person or corporation engaged in any business or enterprise of any kind in this state shall issue, in payment, or as evidence of, any indebtedness for wages due an employee, any order, check, memorandum, or other acknowledgment of indebtedness unless the same is a negotiable instrument payable without discount, in cash on demand, at some bank or other established place of business; provided, however, that nothing herein contained shall in any way limit or interfere with the right of any such employee, by agreement, to accept from any such person or corporation, as an evidence or acknowledgment of indebtedness for wages due him, a negotiable instrument, payable at some future date with interest.

1940. Penalty.

SEC. 2. Any violation of this act shall be a misdemeanor or punishable by a fine of not exceeding $500.

An Act to regulate the hours of work or labor of men employed or working on or about the surface of underground mine workings, and providing for the punishment of violations of this act.

Approved March 24, 1911, 373

1941. Legal day's work for surface employees.

SECTION 1. The number of hours of work or labor of mechanics, engineers, blacksmiths, carpenters, top men, and all workingmen employed or working on or about the surface or surface workings of any underground mine workings, shall not exceed eight (8) hours in any period of twenty-four (24) hours, except in cases of emergency where life or property is in imminent danger.

SEC. 2. Any person who violates any of the provisions of this act, or any person, corporation, employer or agent who hires, contracts with, or in any manner causes or induces any person to work or labor on or about the surface or surface workings of any underground mine workings for more than eight hours in any period of twenty-four hours, except in cases of emergency where life or property is in imminent danger, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment.

See secs. 289 to 295, inclusive, of crimes act, post, secs. 6554 to 6560, annotated.

An Act making it a misdemeanor to collect hospital fees from persons in certain cases.

Approved March 14, 1903, 113

1943. Hospital fees, when collection unlawful.

SECTION 1. It is hereby made unlawful for any person or persons, contractor or contractors, firm, company, corporation, or association, or the managing agent of any person or persons, contractor or contractors, firm, company, corporation, or association, to collect, demand, force, compel, or require, either monthly, annually, or for any other period of time, any sum of money for hospital fees from any person or laborer at any place in this state where no convenient, comfortable, and well-equipped hospital is maintained at some town or place for the accommodation, relief and treatment of persons in his or their employ, and from whom hospital fees are collected; provided, that any person or persons, contractor or contractors, firm, company, corporation, or association, or the managing agent of same, may care for or cause to be cared for, any person in his or their employ, from whom hospital fees are collected, at any private or public hospital, sanitarium, or other convenient and comfortable place, without expense to the person or patient from whom hospital fees are collected; and provided further, the distance and facilities for the comfort and conveyance of any patient come within the intent and meaning of section 2 of this act.

1944. Act construed.

SEC. 2. For the purpose of this act, the words "town or place," mentioned in section 1 of this act, shall be construed to mean any town, headquarters, or place, at which town, headquarters, or place, and tributary places, sufficient hospital fees are collected to maintain a hospital in keeping with the hospital fees collected, and the words "distance and facilities for the comfort and conveyance of any patient," mentioned in section 1 of this act, shall be construed to mean the nearest hospital, and most comfortable means of conveyance at hand, or that can be procured in a reasonable time; provided, that if at the nearest hospital the proper medical treatment cannot be secured, then it shall not be a misdemeanor to take any person or patient a greater distance or to another hospital.

1945. Penalty.

SEC. 3. Any person or persons violating the provisions of this act shall, upon conviction thereof, be fined in any sum not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than one hundred days nor more than two hundred and fifty days, or by both such fine and imprisonment.