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.

1. Bell to stop.

2. Bells to lower.

2, slow. Bells to lower slow.

3. Bells to hoist slow, men on cage.

3, slow. Bells to hoist very slow.

2-1. Bells 1st station.

2-2. Bells 2nd station.

2-3. Bells 3rd station.

2-4. Bells 4th station.

3-1. Bells 5th station.

3-2. Bells 6th station.

3-3. Bells 7th station.

4-1. Bells 8th station.

4-2. Bells 9th station. 4-3. Bells 10th station. 44. Bells 11th station.

5-1. Bells 12th station.

5-2. Bells 13th station.

5-3. Bells 14th station.

5-4. Bells 15th station.

5-5. Bells 16th station.

6-1. Bells 17th station.

6-2. Bells 18th station.

5. Bells for blasting.

6. Bells, turn on or off steam to pump.

7. Bells, accident in shaft; wait for orders.

8. Bells, turn on or off air.

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.

16251-08-16

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.

CALIFORNIA.

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 a 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 designate 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

have the right and authority, at all times to enter into any such place of employment for the purpose of investigating violations of the provisions of this act, or violations of the provisions of an act entitled "An act to enforce the educational rights of children and providing penalties for violatons of the act," approved March 24th, 1903, and amended March 20th, 1905: Provided, however, That if such attendance officer is denied entrance to such place of employment, any magistrate may, upon the filing of an affidavit by such attendance officer setting forth the fact that he has good cause to believe that the provisions of this act, or the act hereinbefore referred to, are being violated in such place of employment, issue an order directing such attendance officer to enter said place of employment for the purpose of making such investigations:

And provided, That any such child, over the age of twelve years, may be employed at any of the occupations mentioned in this act during the regular vacation of the public schools of the city, county, or city and county in which the place of employment is situated, upon the production of a permit signed by the principal of the school which such child has attended during the term next preceding any such vacation. Such permit shall contain the name and age of the child to whom it is issued, and the date of the termination of the vacation for which it is issued, and shall be kept on file by the employer during the period of employment, and at the termination of such employment shall be returned to the child to whom it was issued.

No minor who is under sixteen years of age shall be employed or permitted to work at any gainful occupation during the hours that the public schools of the city, town or school district in which his place of employment is situated are in session, unless he or she can read English at sight and can write legibly and correctly simple English sentences, or unless he or she is a regular attendant for the then current term at a regularly conducted night school. A certificate of the principal of such school shall be held to be sufficient evidence of such attendance.

Approved March 23, 1907.

IDAHO.

ACTS OF 1907.

Hours of labor of employees in mines and smelters.

(Page 97.)

SECTION 1. The period of employment of working men in all underground mines or workings shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.

SEC. 2. The period of employment of workingmen in smelters, and in all other institutions for the refining or reduction of ores or metals, shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.

SEC. 3. Any person, body corporate, agent, manager or employer who shall violate any of the provisions of sections 1 or 2 of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00), or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Approved on the 26th day of February, 1907.

Sunday labor.

(Page 223.)

SECTION 1. The first day of the week, commonly called Sunday, is hereby set apart as a day of public rest.

SEC. 2. It shall be unlawful for any person or persons in this State to keep open on Sunday for the purpose of any business, trade, or sale of goods, wares, or merchandise, any shop, store, building, or place of business whatever: Provided, That hotels and restaurants may furnish lodging and meals, and, Provided, That this section shall not apply to livery stables, or to stores in so far as the sale of medicines or sick room supplies are concerned, or to undertakers while providing for the dead, or to news stands in so far as the quiet sale and delivery of daily papers and magazines is concerned, nor to sale of nonintoxicating refreshments, candies and cigars.

Any person or persons violating this section shall be guilty of a misdemeanor and on conviction thereof said offender shall be fined in any sum not less than twentyfive dollars ($25.00) nor more than one hundred dollars ($100.00), or shall be imprísoned in the county jail not to exceed thirty days and upon a second conviction by both such fine and imprisonment.

Approved March 12, 1907.

Employment of children.

(Page 248.)

SECTION 1. No child under fourteen years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages. It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any such business or service whatever during the hours in which the public schools of the district in which the child resides are in session, or before the hour of six o'clock in the morning, or after the hour of nine o'clock in the evening: Provided, That any such child, over the age of twelve years may be employed at any of the occupations mentioned in this act during the regular vacations of two weeks or more of the public schools of the district in which such child resides.

SEC. 2. No minor who is under sixteen years of age shall be employed or permitted to work at any gainful occupation during the hours that the public schools of the school district in which he resides are in session, unless he can read at sight and write legibly simple sentences in the English language, and has received instruction in spelling, English grammar, and geography and is familiar with the fundamental operations of arithmetic up to and including fractions, or has similar attainments in another language.

SEC. 3. Every person, firm, corporation, agent or officer of a firm or corporation employing or permitting minors under sixteen years of age and over fourteen years of age to work in any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, shall keep a record of the names, ages, and places of residence of such minors.

SEC. 4. No person under the age of sixteen years shall be employed or suffered or permitted to work at any gainful occupation more than fifty-four hours in any one week, nor more than nine hours in any one day; nor before the hour of six o'clock in the morning nor after the hour of nine o'clock in the evening.

SEC. 5. Whoever employs a child under sixteen years of age, and whoever, having under his control a child under such age permits such child to be employed in violation of sections 1 and 2 of this act shall, for such offense, be fined not more than fifty dollars, and whoever continues to employ any child in violation of either of said sections of this act after being notified by a truant officer, probation officer or school authority 'shall, for every day thereafter that such employment continues be fined not less than five nor more than twenty dollars. A failure to produce to a truant officer, policeman, probation officer or school authority, the age record required by this act shall be prima facie evidence of the illegal employment of any person whose age record is not produced. Any parent, guardian or custodian of a minor under sixteen years of age who knowingly swears falsely as to the age of such child for the purpose of obtaining an age record, is guilty of perjury.

SEC. 6. Any person, whether as parent, relative, guardian, employer or otherwise, having the care, custody or control of any child under the age of sixteen years, who exhibits, uses or employs in any manner or under any pretense, sells, apprentices, gives away, lets out or disposes of such child to any person, under any name, title or pretense, for or in any business, exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, acrobat, or contortionist, or rider, or in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for or in any mendicant, or wandering business whatsoever, or who causes, procures or encourages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every person who takes, receives, hires, employs, uses, exhibits or has in custody any child under the age and for any of the purposes mentioned in this section, is guilty of a like offense and punishable by like imprisonment. Nothing in this section contained applies to or effects [affects] the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning of the science or practice of music.

SEC. 7. Any person, whether as parent, guardian, employer or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed, any minor, to any saloon, gambling house, house of prostitution or ot her immoral place; or who shall employ any minor to serve intoxicating liquors to